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HomeMy WebLinkAboutAGENDApacket__08-14-24 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 August 14, 2024 **REVISED** Items marked with ** have been revised since the initial notice. If anyone requires reasonable ADA accommodations, please contact the office of the City Manager at citymgr@oshkoshwi.gov, or phone 920-236-5002. To send written correspondence to the Council, mail it to the City Manager, place it in the City Hall dropbox, or email it to council@oshkoshwi.gov (prior to the Council meeting). A.CLOSED SESSION (5:00 PM, Room 404, City Hall) 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 the negotiation of a development agreement with respect to the Boatworks redevelopment located at West 4th Avenue and Michigan Street. B.CALL TO ORDER (6:00 p.m.) C.ROLL CALL D.INVOCATION - VOTING FIRST: Deputy Mayor Buelow Invocation #2 E.PLEDGE OF ALLEGIANCE F.INTRODUCTION OF STAFF Betsie Anderson, Financial Utility Manager Joe Kopf, Street Supervisor Brian Treleven, Street Supervisor G.PROCLAMATIONS ISSUED 1.Oshkosh Freemasons' 175th Anniversary and Oshkosh Masonic Center's 100th Anniversary, August 17, 2024 2.National See Tracks? Think Train® Week, September 23 - 29, 2024 H.PRESENTATIONS 3.Introduction/Presentation by GovHR Regarding City Manager Recruitment 4.Presentation on Tax Incremental District No. 44 Northwest Oshkosh Expansion Area I.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. J.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.) 5.Report of Bills 6.Receipt & Filing of Minutes - Library Board, 06.27.24 7.Receipt & Filing of Claim - Ethan Newby 8.Receipt & Filing of Claim - Robert Nienhaus 9.Receipt & Filing of Claim - Jacqueline Saad 10.Res 24-445 Resolution Authorizing the Issuance and Sale of up to $551,500 Taxable Private Lead Service Line Replacement Loan Program Revenue Bonds, Series 2024, and Providing for Other Details and Covenants with Respect Thereto 11.Res 24-446 Approve Safe Drinking Water Loan Program Financial Assistance Agreement with the Wisconsin Department of Natural Resources for Project No. 4874-15 12.Res 24-447 Grant Noise Variance Request for O&J Coatings, Inc. for Fernau Water Tower Painting and Mixing, Conditional upon Department of Public Works Approving Specific Dates the Work Will Be Allowed 13.Res 24-448 Amend CIP and Award Bid for Public Works Contract No. 24-23 to Visu-Sewer for Sanitary Sewer Lining -- Various Locations ($1,132,607.23) 14.Res 24-449 Amend CIP and Appropriation of Funds for Intergovernmental Agreement with Winnebago County for Reconstruction of CTH "I" (Oregon Street) ($2,676,961.48) 15.Res 24-450 Approve Specific Implementation Plan Amendment for Loading Dock Access at 3300 Medalist Drive (Plan Commission Recommends Approval) 16.Res 24-451 Approve Purchase of Technology Updates from LDV Custom Specialty Vehicles for the Mobile Command & Community Outreach Vehicle for the Police Department ($99,577.00) 17.Res 24-452 Approve Cooperative Purchase of Radios and Components from Motorola Solutions, Inc. for Police Department ($82,360.11) 18.Res 24-453 Approve Waiver of Purchasing Requirements for Personal Protective Equipment for the Fire Department 19.Res 24-454 Approve Purchase of Holmatro Extrication Tools from Jefferson Fire & Safety for Fire Department ($49,302.10) 20.Res 24-455 Approve Cooperative Purchase of Two Dump Truck Chassis from Ewald Automotive Group, LLC for Parks Department ($110,534.50) 21.Res 24-456 Award Bid to B&P Mechanical Inc. for Seniors Center North Roof Top Unit Replacement for General Services ($49,850.00) 22.Res 24-457 Award Bid to August Winters and Sons Inc. for Public Museum Boiler Replacement for General Services ($85,282.00) 23.Res 24-458 Approve Cooperative Purchase of Cellular Phone Service from T-Mobile for Information Technology Division ($109,500.00 annually) 24.Res 24-459 Approve Amended Special Event - JJetpack Creative to Utilize the Leach Amphitheater for the Valley Vinyl Music Festival, October 12, 2024 25.Res 24-460 Approve Special Class "B" Licenses 26.Res 24-461 Remove Diversity, Equity & Inclusion Committee Member (Egal) 27.Res 24-462 Remove Diversity, Equity & Inclusion Committee Member (Pishler) 28.Res 24-463 Approve Appointments to the Following Boards and Commissions: Board of Zoning Appeals; Diversity, Equity, and Inclusion (DEI) Committee; Plan Commission; and Sustainability Advisory Board K.ITEMS REMOVED FROM CONSENT AGENDA L.PENDING ORDINANCE 29.Ord 24-464 Approve Zone Change from Central Mixed-Use District with Riverfront Overlay (CMU-RFO) to Central Mixed-Use District with Riverfront and Planned Development Overlay (CMU-RFO-PD) at 400 City Center (Plan Commission Recommends Approval) 30.Ord 24-465 Approve Request to Attach to the City from Town of Nekimi / Zellner Voluntary Attachment: 3669 Oregon Street 31.Ord 24-466 Amend Section 13-7 of the City of Oshkosh Municipal Code Pertaining to Open Outdoor Fires, Outdoor Fireplaces, Cooking Fires, and Barbecue Grills, Kettles, and Outdoor Hibachis to Remove Permitting Requirements M.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.) 32.Ord 24-467 Approve Zone Change from Central Mixed Use District (CMU) to Central Mixed Use District with a Planned Development Overlay (CMU-PD) at 224 State Street (Plan Commission Recommends Approval) (Applicant Requests Waiving the Rules and Adopting on First Reading) N.NEW RESOLUTIONS 33.Res 24-468 Accept Proposal for Executive Search Services for City Manager Position - MGT/Gov HR ($25,000.00) 34.**Res 24-469 **Approve General Development Plan and Specific Implementation Plan for a Personal Storage Facility at 400 City Center (Plan Commission Recommends Approval) (Applicant Has Requested Layover of This Issue to August 27th) 35.Res 24-470 Approve General Development Plan and Specific Implementation Plan for Parking Lot Reconstruction at 224 State Street (Plan Commission Recommends Approval) 36.Res 24-471 Approve Amendment of Terms of Approval for American Rescue Plan Act (ARPA) Funds to Operation DREAM North O.COUNCIL DISCUSSION, DIRECTION TO CITY MANAGER & FUTURE AGENDA ITEMS 37.Discussion and Direction to City Manager A.Fireworks Regulation and Enforcement (Larson) B.Discussion of Street Lighting Policy (Larson) C.Asking the Public If They Want to Continue with the City Manager Form of Government (Esslinger) 38.Future Agenda Items A.Contract for EMS Services Outside of City and Impact on Need for 4th Ambulance Unit, August 27th, in-meeting workshop B.Presentation of 2023 Annual Comprehensive Financial Report (ACFR) by KerberRose, August 27th 39.Future Meetings & Workshops A.Budget Workshop #2 - 2025 Early Projections and Direction on Priorities from Council, August 28, 2024, 5:00 p.m. B.Undergrounding Utilities, date to be determined P.COUNCIL MEMBER ANNOUNCEMENTS & STATEMENTS Q.CITY MANAGER ANNOUNCEMENTS & STATEMENTS 40.Professional Services Agreement with AECOM for Environmental Services during Geotechnical Subsurface Exploration Project for the 2025 Capital Improvement Projects ($38,845) 41.Emergency Purchase of Roof Repairs from Kaschak Roofing Inc. for the Public Library ($34,380.00) 42.Strategic Plan Dashboard Updated for 2nd Quarter 43.Outstanding Issues R.ADJOURN SUB JEC T:SUB JEC T :Oshkosh Freemasons' 175th Anniversary and Oshkosh Masonic Center's 100th Anniversary, August 17, 2024 D A TE :D A T E :August 14, 2024 A t t a chment sAttachments Proclamation_Mason Lodge P R O C L A M A T I O N WHEREAS, Freemasonry is the most widely recognized fraternal society in the world with a centuries -old brotherhood of men from different religious, ethnic, social and economic backgrounds; and WHEREAS, Masons got their start in Oshkosh as Fox River Lodge F. and A.M. in 1849, four years before Oshkosh became a city and one year after Wisconsin became a state; and WHEREAS, after losing several buildings throughout Oshkosh in the historic fires of 1859 and 1875, the Oshkosh Freemasons began drawing up plans for an impressive temple building in the early 1920s; and WHEREAS, in 1924, the cornerstone was laid for the current Oshkosh Masonic Center located at 204 Washington Avenue in Oshkosh, Wisconsin; and WHEREAS, the Oshkosh Freemasons were involved in the formation of the City of Oshkosh and continue to positively impact the community. NOW, THEREFORE, in celebration of the 100th year of the historic Oshkosh Masonic Center and the 175th anniversary of the Oshkosh Freemasons, I, MATT MUGERAUER, Mayor of the City of Oshkosh, recognize the continuous and important contributions made by the Oshkosh Freemasons and Freemasons throughout the State of Wisconsin. DATED: August 17, 2024 ________________________________ MATT MUGERAUER, Mayor City of Oshkosh, Wisconsin SUBJECT:National See Tracks? Think Train® Week, September 23 - 29, 2024 DATE:August 14, 2024 Attachments Proclamation_See Tracks? Think Train P R O C L A M A T I O N WHEREAS, See Tracks? Think Train® Week is to be held across the United States from September 23 – 29, 2024; and WHEREAS, 2,192 rail grade crossing collisions resulted in 765 personal injuries and were responsible for 248 fatalities in the United States during 2023; and WHEREAS, 1,378 pedestrian trespassing casualties have occurred in the United States resulting in 663 pedestrians being killed and another 715 injured while trespassing on railroad property rights of way during 2023; and WHEREAS, educating and informing the public about rail safety (reminding the public that railroad right of ways are private property, enhancing public awareness of the dangers associated with highway rail grade crossings, ensuring pedestrians and motorists are looking and listening while near railways, and obeying established traffic laws) will reduce the number of avoidable fatalities and injuries caused by incidents involving trains and citizens; and WHEREAS, the International Association of Chiefs of Police, National Operation Lifesaver, Inc., United States Department of Transportation, and all local, state, county, and railroad law enforcement officers, first responders, and railroad corporations commit to partnering together in an effort to educate at a national level all aspects of railroad safety, to enforce applicable laws in support of National See Tracks? Think Train® Week; NOW, THEREFORE, I, Matt Mugerauer, Mayor of Oshkosh, do hereby attest my full support proclaiming September 23 – 29, 2024 NATIONAL SEE TRACKS? THINK TRAIN® WEEK in Oshkosh and I encourage all citizens to recognize the importance of rail safety education. DATED: August 14, 2024 ________________________________ Matt Mugerauer, Mayor City of Oshkosh, Wisconsin SUB JEC T:SUB JEC T :Introduction/Presentation by GovHR Regarding City Manager Recruitment D A TE :D A T E :August 14, 2024 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 :August 14, 2024 SUB JEC T:SUB JEC T :Presentation on Tax Incremental District No. 44 Northwest Oshkosh Expansion Area A t t a chment sAttachments Presentation on TID No. 44 Northwest Expansion Area Tax Incremental District #44 Northwest Oshkosh Expansion Area What is Being Proposed? Goal: To encourage the development of commercial, industrial and housing in the City 392 acres located in the northwestern portion of the City Municipal infrastructure improvements are needed to allow for full development City’s First Mixed Use TID TID Requirements 50% of the land within a Mixed Use TID’s must suitable for combination of industrial, commercial & residential uses Maximum 35% of the TID area may be newly platted residential Maximum life is 20 years Currently there are 513 Mixed Use TIDs in Wisconsin (approx. 35% of all TIDs in Wisconsin) Mixed Use TID Requirements Why TIF? Why TIF? Municipal utility infrastructure improvements are required to create a “backbone” to offer safe and reliable utility service for housing, industrial and commercial development in northwest portion of the city Proposed TID Boundaries Potential Projects That Would Need Utilities What Value Will the TID Bring? Potential Project Value in TID What Will the TID Help With? Expand Existing Water Facilities Expand Existing Sanitary Sewer Facilities What Will the TID Help With? What Will the TID Help With? Up to $44.8 million of anticipated project costs $16.90 million in critical public infrastructure $9 million in estimated interest and financing for public infrastructure expansion $314,000 in creation and administration of TID Full development of the district would result in a projected $162 million of new value Up to $18.6 million could be available for future development incentives if future projects can demonstrate a verifiable gap and a TIF Development Agreement is agreed upon and approved by Common Council Proposed TID Projects What Will the TID Help With? Next Steps Common Council consideration of TID 44’s boundary and Project Plan on August 27, 2024 Joint Review Board consideration of TID 44’s boundary and Project Plan on September 5, 2024 City will submit the approved Project Plan to the Wisconsin Department of Revenue for certification after September 5, 2024 TO :T O :Honorable Mayor and Members of the Common Council FRO M :FRO M :Julie Calmes, Director of Finance D A TE :D A T E :August 14, 2024 SUB JEC T:SUB JEC T :Report of Bills B a c k gr oundBackground The items below are being presented for approval by the Oshkosh Common Council. These items have been properly audited and certified by the City Comptroller and are herewith submitted for your allowance in the amount of $7,218,099.12 Bills paid July 19, July 26 and August 2, 2024 $5,885,608.27 Payroll paid August 2, 2024 $1,332,490.85 A t t a chment sAttachments 07192024 Check run 07262024 Checkrun 08022024 Checkrun CHECK NUMBER CHECK DATE VENDOR NAME AMOUNT 11172 07/19/2024 ADVANCED ASBESTOS REMOVAL INC 6,845.00 11173 07/19/2024 ADVANTAGE POLICE SUPPLY INC 344.50 11174 07/19/2024 AECOM INC 23,590.25 11175 07/19/2024 AURORA HEALTH CARE 4,297.50 11176 07/19/2024 AVI-SPL LLC 2,130.00 11177 07/19/2024 BROOKS TRACTOR INC 63,822.34 11178 07/19/2024 CASEY M CANADY 67.67 11179 07/19/2024 CENTER FOR INTERNET SECURITY INC 459.14 11180 07/19/2024 CHEMTRADE CHEMICALS US LLC 4,240.18 11181 07/19/2024 CINTAS CORPORATION NO 2 650.51 11182 07/19/2024 COMMUNICATIONS ENGINEERING CO 2,705.00 11183 07/19/2024 CONSTELLATION ENERGY SERVICES 2,058.20 11184 07/19/2024 CONVERGENT CLAIMS SERVICES, LLC 138,840.92 11185 07/19/2024 CORE AND MAIN LP 317,115.00 11186 07/19/2024 DFI SOLUTIONS IN PRINT INC 6,067.36 11187 07/19/2024 DORNER INC 322,295.67 11188 07/19/2024 ELDORADO TRAILER SALES LLC 17,910.00 11189 07/19/2024 ENERGENECS INC 1,755.00 11190 07/19/2024 ENVISIONINK PRINTING SOLUTIONS INC 392.00 11191 07/19/2024 FERGUSON WATERWORKS #1476 2,797.50 11192 07/19/2024 FRANK'S RADIO SERVICE INC 2,319.58 11193 07/19/2024 GALLAGHER BENEFIT SERVICES INC 6,000.00 11194 07/19/2024 GREATER OSHKOSH ECONOMIC DEVELOPMENT CORPORATION 6,591.70 11195 07/19/2024 HOLIDAY WHOLESALE 3,333.09 11196 07/19/2024 J F AHERN CO 575.00 11198 07/19/2024 JIM FISCHER INC 133,843.49 11199 07/19/2024 JOHN ZARATE 51.75 11200 07/19/2024 JUSTIFACTS CVS INC 1,234.26 11201 07/19/2024 LEE BEVERAGE 1,648.25 11202 07/19/2024 MCC INC 9,194.06 11203 07/19/2024 MONROE TRUCK EQUIPMENT 764.70 11204 07/19/2024 NORTHERN LAKE SERVICE INC 807.16 11205 07/19/2024 PLYMOUTH LUBRICANTS 1,963.04 11206 07/19/2024 EHEALTH SCREENINGS 1,746.36 11207 07/19/2024 PSYCHOLOGIE CLINIQUE SC 1,220.00 11208 07/19/2024 PVS TECHNOLOGIES INC 8,067.60 11209 07/19/2024 QUALITY TRUCK CARE CENTER INC 200.86 11210 07/19/2024 SECURIAN FINANCIAL GROUP INC 22,533.42 11211 07/19/2024 SHERWIN INDUSTRIES INC 70,538.00 11212 07/19/2024 SHI INTERNATIONAL CORP 1,857.57 11213 07/19/2024 SHORT ELLIOTT HENDRICKSON INC 20,743.39 11214 07/19/2024 STORM COMPANIES INC 5,315.00 11215 07/19/2024 TAPCO INC 4,533.23 11217 07/19/2024 VALLEY VNA HEALTH SYSTEMS INC 1,979.15 11218 07/19/2024 VANGUARD COMPUTERS INC 937.00 11219 07/19/2024 WI PUBLIC SERVICE CORP 153,733.11 11220 07/19/2024 WINNEBAGO COUNTY TREASURER 6,751.67 11221 07/19/2024 POWER WASH STORE MILWAUKEE 8,995.00 5002179 07/19/2024 JIM COLLINS 70.00 5002180 07/19/2024 TRALIANT OPERATING LLC 5,850.00 5002181 07/19/2024 1 N MAIN LLC 60.00 5002182 07/19/2024 ALEXANDER CHEMICAL CORPORATION 30,879.52 5002183 07/19/2024 AMERICAN CONSERVATION & BILLING SOLUTIONS INC 4,161.00 5002184 07/19/2024 ANNA CANNIZZO 353.77 5002185 07/19/2024 AT & T 421.93 5002186 07/19/2024 BAY TITLE & ABSTRACT 87.19 5002187 07/19/2024 BERGLUND CONSTRUCTION COMPANY 66,690.00 5002188 07/19/2024 BIRDSEYE DAIRY INC 1,300.70 5002189 07/19/2024 BLACK-HAAK HEATING INC 70.00 5002190 07/19/2024 BOUND TREE MEDICAL LLC 1,467.94 5002191 07/19/2024 CARL BOWERS AND SONS CONSTRUCTION COMPANY INC 50,868.53 5002192 07/19/2024 BRANDON C NIELSEN 28.81 5002193 07/19/2024 BRITTNEY MEYER 27.47 5002194 07/19/2024 D AND K RENTALS 150.00 5002195 07/19/2024 DUNCAN SOLUTIONS LLC 5,655.25 5002196 07/19/2024 EMILY K ROCK 333.43 5002197 07/19/2024 EMSAR INC 544.50 5002198 07/19/2024 ENGBERG ANDERSON INC 33,176.25 5002199 07/19/2024 ENRIQUE ORTEGA 102.51 5002200 07/19/2024 FOX VALLEY IRON METAL AND AUTO SALVAGE INC 80.00 5002201 07/19/2024 GALLS LLC 148.66 5002202 07/19/2024 GANNETT WISCONSIN LOCALIQ 5,337.12 5002203 07/19/2024 GOVERNMENT FINANCE OFFICERS ASSN 150.00 5002204 07/19/2024 GUARANTY TITLE SERVICES INC 71.46 5002205 07/19/2024 GUARANTY TITLE SERVICES INC 7,500.00 5002206 07/19/2024 H & P RENTALS LLC 72.84 5002207 07/19/2024 HENRY SCHEIN INC 1,561.76 5002208 07/19/2024 JOE'S POWER CENTER INC 815.98 5002209 07/19/2024 KASCHAK ROOFING INC 178,110.00 5002210 07/19/2024 LINJER ERIC 48.88 5002211 07/19/2024 MCKAY NURSERY HOLDING COMPANY INC 5,033.05 5002212 07/19/2024 MICHAEL E BLANK 60.97 5002213 07/19/2024 MIDWEST REALTY MANAGEMENT INC 47.63 5002214 07/19/2024 MUNICIPAL EMERGENCY SERVICES INC 17,641.35 5002215 07/19/2024 ABSOLUTE SOFTWARE INC 7,826.15 5002216 07/19/2024 NEW TITLE SERVICES INC 26.48 5002217 07/19/2024 NORTHERN TELEPHONE &DATA CORP 195.50 5002218 07/19/2024 AUTUMN ANDERSON-BERGER 105.00 5002219 07/19/2024 CHELSEA KOHLHOFF DBA SKIER'S OUTLET 150.00 5002220 07/19/2024 NANCY MATHER 52.50 5002221 07/19/2024 OREGON APARTMENTS 26.16 5002222 07/19/2024 OSHKOSH AREA COMMUNITY FOUNDATION 352.80 5002223 07/19/2024 CITY OF OSHKOSH 163.50 5002224 07/19/2024 PARK 'N PRINT INC 1,572.95 5002225 07/19/2024 PEPSI COLA GENERAL BOTTLNG INC 1,423.28 5002226 07/19/2024 PERSONNEL EVALUATION INC 50.00 5002227 07/19/2024 RIESTERER & SCHNELL INC 865.63 5002228 07/19/2024 SC SUPPLY COMPANY LLC 1,797.22 5002229 07/19/2024 SCHMITT TITLE LLC 93.43 5002230 07/19/2024 SEW DIVINE 80.00 5002231 07/19/2024 THE TRANSIT AND PARATRANSIT COMPANY 5,425.00 5002232 07/19/2024 TEREX USA LLC 2,481.06 5002233 07/19/2024 THE HOME DEPOT PRO 479.58 5002234 07/19/2024 THE HOME DEPOT PRO 55.88 5002235 07/19/2024 VC3 INC 6,316.00 5002236 07/19/2024 TRILLIUM SOLUTIONS INC 6,300.00 5002237 07/19/2024 UNITED MAILING SERVICE INC 5,757.38 5002238 07/19/2024 UNITED PARCEL SERVICE 82.28 5002239 07/19/2024 VERIZON SECURITY SUBPOENA COMPLIANCE 100.00 5002240 07/19/2024 WALLY SCHMID EXCAVATING INC 14,600.00 5002241 07/19/2024 WHEEL AND SPROCKET INC 264.96 1,871,482.42 CHECK NUMBER CHECK DATE VENDOR NAME AMOUNT 11236 07/26/2024 AIRGAS USA LLC 6,542.41 11237 07/26/2024 AQUATIC INFORMATICS INC 2,046.00 11238 07/26/2024 AURORA HEALTH CARE 304.00 11239 07/26/2024 BAYCOM INC 1,045.00 11240 07/26/2024 CHEMTRADE CHEMICALS US LLC 12,652.64 11241 07/26/2024 CINTAS CORPORATION NO 2 601.65 11242 07/26/2024 EMMONS BUSINESS INTERIORS 13,823.78 11243 07/26/2024 ENERGENECS INC 2,405.24 11244 07/26/2024 ENVIROTECH EQUIPMENT 3,870.98 11246 07/26/2024 FACILITY ENGINEERING INC 4,691.25 11247 07/26/2024 FIRE APPARATUS & EQUIPMENT INC 98.96 11248 07/26/2024 GARROW OIL CORP 65,234.92 11249 07/26/2024 HOLIDAY WHOLESALE 5,694.87 11250 07/26/2024 K AND C PEST CONTROL LLC 170.00 11251 07/26/2024 KEMIRA WATER SOLUTIONS INC 10,698.53 11252 07/26/2024 KWIK TRIP INC 1,286.67 11253 07/26/2024 MARK A ROHLOFF 10.00 11254 07/26/2024 MCC INC 7,487.88 11255 07/26/2024 MSA PROFESSIONAL SERVICES INC 2,822.00 11256 07/26/2024 NORTHERN LAKE SERVICE INC 1,592.19 11257 07/26/2024 OSHKOSH CONVENTION AND VISITORS BUREAU INC 7,568.91 11258 07/26/2024 POLYDYNE INC 19,090.00 11259 07/26/2024 EHEALTH SCREENINGS 22,159.55 11260 07/26/2024 TAPCO INC 915.23 11261 07/26/2024 TYLER TECHNOLOGIES INC 10,262.50 11262 07/26/2024 VANGUARD COMPUTERS INC 2,143.54 11263 07/26/2024 WI PUBLIC SERVICE CORP 12,990.37 11264 07/26/2024 WINNEBAGO COUNTY TREASURER 330.00 11265 07/26/2024 ZOLL MEDICAL CORPORATION 197.36 5002259 07/26/2024 EVAN PETRIE 47.57 5002260 07/26/2024 ALEXANDER CHEMICAL CORPORATION 32,899.76 5002261 07/26/2024 ALLTECH NATIONAL TITLE 37.42 5002262 07/26/2024 ALPHA DELTA I LLC 39.34 5002263 07/26/2024 ASSURANCE TITLE SERVICES INC 128.83 5002264 07/26/2024 BETH OSOWSKI 247.50 5002265 07/26/2024 BIRDSEYE DAIRY INC 838.48 5002266 07/26/2024 BOUND TREE MEDICAL LLC 327.50 5002267 07/26/2024 CARDINAL CONSTRUCTION CO INC 82,931.75 5002268 07/26/2024 CHEE VANG 50.40 5002269 07/26/2024 CITY OF GREEN BAY 225.00 5002270 07/26/2024 1000 ISLANDS ENVIRONMENTAL CENTER 95.29 5002271 07/26/2024 COMMON SCHOOL FUND 8,147.50 5002272 07/26/2024 DEVIN HEINZ 210.00 5002273 07/26/2024 DIGGERS HOTLINE INC 6,284.45 5002274 07/26/2024 JASON TRACY 61.38 5002275 07/26/2024 FOX VALLEY MEP INC 2,000.00 5002276 07/26/2024 FOX VALLEY TECH COLLEGE 3,536.00 5002277 07/26/2024 GANNETT WISCONSIN LOCALIQ 54.65 5002278 07/26/2024 GARTMAN MECHANICAL SERVICES 3,143.70 5002279 07/26/2024 GERLACH INVESTIGATIONS LLC 67.42 5002280 07/26/2024 GUSTAFSON CHRISTOPHER 32.09 5002281 07/26/2024 HEARTLAND BUSINESS SYSTEMS 117,047.00 5002282 07/26/2024 HENRY SCHEIN INC 113.40 5002283 07/26/2024 JOHN WILEY AND SONS INC 5,000.00 5002284 07/26/2024 KAPPELMAN GARY 58.69 5002285 07/26/2024 KENNETH J SZWEDA 900.00 5002286 07/26/2024 LYDIA LANG 1,700.00 5002287 07/26/2024 MANITOWISH RIVER PRESS 147.00 5002288 07/26/2024 MICHAEL FORD 82.50 5002289 07/26/2024 NAVIGATE WELLNESS LLC 1,701.54 5002290 07/26/2024 NET TRANSCRIPTS INC 62.40 5002291 07/26/2024 KATHY KIRALY 46.00 5002292 07/26/2024 SKYLER MILLER 13.00 5002293 07/26/2024 OSHKOSH AREA SCHOOL DISTRICT 48,565.12 5002294 07/26/2024 CITY OF OSHKOSH UTILITIES 63.89 5002295 07/26/2024 PANSKE ENTERPRISES LLC 547.00 5002296 07/26/2024 PAUL SCHMIDT 247.50 5002297 07/26/2024 PEPSI COLA GENERAL BOTTLNG INC 647.82 5002298 07/26/2024 PROACTIVE TITLE SOLUTIONS LLC 14.72 5002299 07/26/2024 REALTY GROUP ONE 42.47 5002300 07/26/2024 SARAH DANAHY 195.00 5002301 07/26/2024 SCHMITT TITLE LLC 66.63 5002302 07/26/2024 STAR PROPERTIES OF OSHKOSH LLC 96.85 5002303 07/26/2024 STEVE CUMMINGS 210.00 5002304 07/26/2024 STEVEN J SCHAUZ 59.91 5002305 07/26/2024 THE GRAND OSHKOSH INC 400.00 5002306 07/26/2024 THOMAS WERBLOW 247.50 5002307 07/26/2024 TITAN PROPERTY MANAGEMENT LLC 283.33 5002308 07/26/2024 TOTAL SECURITY AND SAFETY INC 100.00 5002309 07/26/2024 TOVAR CONSTRUCTION LLC 14,500.00 5002310 07/26/2024 TRIATIK TREE SERVICE LLC 2,200.00 5002311 07/26/2024 TRUGREEN PROCESSING CENTER 232.04 5002312 07/26/2024 UNITED PARCEL SERVICE 178.23 5002313 07/26/2024 US BANK TRUST 1,500.00 5002314 07/26/2024 DELLORA A VOGT 69.75 5002315 07/26/2024 WHEEL AND SPROCKET INC 2,399.94 5002316 07/26/2024 WISCONSIN CENTRAL 528.48 5002317 07/26/2024 WINNEBAGO COUNTY TREASURER 17,719.00 5002318 07/26/2024 WOLF AND SONS PLUMBING LLC 3,948.00 5002319 07/26/2024 WOLVERINE FIREWORKS DISPLAY 20,000.00 5002320 07/26/2024 WRIGHT WEBER MANAGEMENT LLC 50.21 5002321 07/26/2024 WRS PROPERTY MANAGEMENT LLC 156.39 602,283.77 CHECK NUMBER CHECK DATE VENDOR NAME AMOUNT 11266 08/02/2024 ADVANTAGE POLICE SUPPLY INC 5,495.00 11267 08/02/2024 AECOM INC 13,496.25 11268 08/02/2024 BADGER LAB & ENGINEERNG CO INC 567.50 11269 08/02/2024 BELSON CO 2,687.20 11270 08/02/2024 BEZIO ANIMAL CONTROL 4,350.00 11271 08/02/2024 CHEMTRADE CHEMICALS US LLC 8,429.81 11272 08/02/2024 CINTAS CORPORATION NO 2 398.13 11273 08/02/2024 EMMONS BUSINESS INTERIORS 560.74 11274 08/02/2024 ENVISIONINK PRINTING SOLUTIONS INC 985.00 11275 08/02/2024 EWALD MOTORS OF OCONOMOWOC LLC 46,226.00 11276 08/02/2024 FERGUSON WATERWORKS #1476 2,903.50 11277 08/02/2024 FRANK'S RADIO SERVICE INC 2,319.58 11278 08/02/2024 FREEDOM SUPPLY LLC 260.76 11279 08/02/2024 GFL ENVIRONMENTAL 189.04 11280 08/02/2024 GODFREY AND KAHN SC 15,481.34 11281 08/02/2024 HMH CORP 729.15 11282 08/02/2024 HOLIDAY WHOLESALE 1,851.86 11283 08/02/2024 JOHNSON CONTROLS US HOLDINGS LLC 604.80 11284 08/02/2024 KEMIRA WATER SOLUTIONS INC 20,291.26 11285 08/02/2024 KL ENGINEERING INC 3,244.82 11286 08/02/2024 KONE INC 35,950.00 11287 08/02/2024 MCC INC 8,098.60 11288 08/02/2024 NORTHERN LAKE SERVICE INC 740.56 11289 08/02/2024 POMP'S TIRE SERVICES INC 2,046.90 11290 08/02/2024 P T S CONTRACTORS INC 594,303.67 11291 08/02/2024 REINDERS INC 513.38 11292 08/02/2024 ROGAN'S SHOES 74.32 11294 08/02/2024 SMITHGROUP INC 800.00 11295 08/02/2024 SPEEDY CLEAN DRAIN & SEWER 28,399.15 11296 08/02/2024 STRAND ASSOCIATES INC 54,938.79 11297 08/02/2024 STRYKER SALES CORPORATION 2,655.00 11298 08/02/2024 TELVUE CORPORATION 3,135.00 11299 08/02/2024 VANGUARD COMPUTERS INC 1,619.08 11300 08/02/2024 VINTON CONSTRUCTION INC 332,778.65 11301 08/02/2024 WI PUBLIC SERVICE CORP 14,402.68 11302 08/02/2024 WISCNET 9,920.00 11303 08/02/2024 WISCONSIN LIFT TRUCK CORP 160,995.00 5002322 08/02/2024 SIRCHIE ACQUISITION COMPANY LLC 11,491.62 5002323 08/02/2024 ALYSSA DECKERT 152.00 5002324 08/02/2024 ASC PUMPING EQUIPMENT INC 2,324.00 5002325 08/02/2024 ASSOCIATED BANK OF OSHKOSH 1,650.00 5002326 08/02/2024 BIRDSEYE DAIRY INC 2,711.88 5002327 08/02/2024 CARL BOWERS AND SONS CONSTRUCTION COMPANY INC 436,434.01 5002328 08/02/2024 GOOD TYME MULTIMEDIA 300.00 5002329 08/02/2024 DONOHUE & ASSOCIATES INC 7,473.33 5002330 08/02/2024 FARRELL EQUIPMENT AND SUPPLY 1,089.82 5002331 08/02/2024 FASTENAL COMPANY 484.61 5002332 08/02/2024 FIRE SAFETY USA 1,335.00 5002333 08/02/2024 FOX VALLEY MEP INC 10,800.00 5002334 08/02/2024 GALLS LLC 810.55 5002335 08/02/2024 GIZMO OSHKOSH LLC 5,089.81 5002336 08/02/2024 HENRY SCHEIN INC 810.56 5002337 08/02/2024 HYDROCLEAN EQUIPMENT INC 204.00 5002338 08/02/2024 INCHECK INC 100.00 5002339 08/02/2024 ITPIPES OPCO LLC 10,500.00 5002340 08/02/2024 JACOBSON CONTRACTING LLC 5,865.00 5002341 08/02/2024 JASON ELLIS 25.46 5002342 08/02/2024 A. KALMERTON WELDING SUPPLIES 774.59 5002343 08/02/2024 KEY CODE MEDIA INC 6,014.00 5002344 08/02/2024 KIM WALLMULLER 59.36 5002345 08/02/2024 KLINK EQUIPMENT 98.44 5002346 08/02/2024 MARIA FLETCHER 20.50 5002347 08/02/2024 MILWAUKEE RUBBER PRODUCTS 3,166.55 5002348 08/02/2024 NAPA AUTO PARTS 4,637.52 5002349 08/02/2024 NORCON CORPORATION 889,506.32 5002350 08/02/2024 HANNAH M AHRENDTS 30.00 5002351 08/02/2024 JOHN KELNHOFER 5.00 5002352 08/02/2024 OSHKOSH AREA COMMUNITY FOUNDATION 150,000.00 5002353 08/02/2024 CITY OF OSHKOSH 344.00 5002354 08/02/2024 REGISTRATION FEE TRUST 169.50 5002355 08/02/2024 ROHDE BROTHERS INC 361,303.36 5002356 08/02/2024 STANARD AND ASSOCIATES INC 2,735.00 5002357 08/02/2024 STERICYCLE INC 366.46 5002358 08/02/2024 SYSTEMS TECHNOLOGIES 32,000.00 5002359 08/02/2024 TENNANT SALES AND SERVICE COMPANY 282.58 5002360 08/02/2024 THE ICEE COMPANY 1,568.31 5002361 08/02/2024 TKK ELECTRONICS LLC 6,504.53 5002362 08/02/2024 TOVAR CONSTRUCTION LLC 11,520.00 5002363 08/02/2024 TREEO'S TREE SERVICE INC 30,000.00 5002364 08/02/2024 TRUGREEN PROCESSING CENTER 704.76 5002365 08/02/2024 UMS PRINT SOLUTIONS 517.99 5002366 08/02/2024 UNITED PARCEL SERVICE 99.03 5002367 08/02/2024 VERIZON WIRELESS 120.11 5002368 08/02/2024 VIENOLA PROPERTIES 25,000.00 5002369 08/02/2024 ZILLGES MATERIALS INC 2,200.00 3,411,842.08 SUB JEC T:SUB JEC T :Receipt & Filing of Minutes - Library Board, 06.27.24 D A TE :D A T E :August 14, 2024 A t t a chment sAttachments Library Board Minutes, 06.27.24 Page 1 MINUTES OF THE LIBRARY BOARD Oshkosh Public Library June 27, 2024 The June 27, 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 President, Bill Bracken. Present: Bill Bracken, Kim Brown, Susan Fojtik, Tony Kneepkens, Christine Melms-Simon, Lindsey Mugerauer, Barry Perlman, David Rucker and Amber Shemanski. Absent: Larry Lautenschlager. Also Present: Darryl Eschete, Library Director; Lisa Voss, Head of Library Development; Ruth Percey, Head of Circulation; Marcy Cannon, Winnefox Library System Business Manager; and Laura McDonald, Marketing Coordinator. Public Comments: None Consent Agenda Items • Minutes of the Regular Meeting held on May 30, 2024 • June 2024 vouchers payable totaling $289,882.98 Motion to approve the consent agenda as presented. Motion: Fojtik; Second: Perlman; Vote: Unanimous New Business • A vote is needed for exceptions to the library’s pay plan related to the voluntary demotion of two salaried employees discussed at the May 30, 2024 regular meeting of the Board of Trustees. Motion to approve the exception to the pay plan as presented. Motion: Perlman; Second: Shemanski; Vote: Unanimous • Updates to Library Employee Handbook: Consider adopting updated wording to Library Employee Handbook regarding sick leave conversion for those approaching retirement. Motion to approve updated wording to Section 217 of the Library Employee Handbook. Motion: Perlman; Second: Mugerauer; Vote: Unanimous. • Endowment Fund Requests Round 4: Consider approving $3,000 from the Collection Improvement Fund to create a collection of approximately 60 Wonderbooks and/or Vox books. Motion to approve use of $3,000.00 of the Collection Improvement Fund for the purchase of Wonderbooks and/or Vox books. Motion: Perlman; Second: Mugerauer; Vote: Unanimous. Kim Brown arrived at this time. Trustee Reports and Comments Page 2 Future Agenda Items • Trustee Perlman requested to go into closed session before the next Board Meeting to discuss results of the survey by staff of the Director’s performance. • Trustee Perlman requested an item for next month’s agenda to discuss the previously passed Director’s moving expense reimbursement. Adjournment Motion to adjourn at 5:00 PM. Motion: Perlman; Second: Mugerauer; Vote: Unanimous Respectfully, Darryl Eschete, Secretary Marcy Cannon – Recorder SUB JEC T:SUB JEC T :Receipt & Filing of Claim - Ethan Newby D A TE :D A T E :August 14, 2024 A t t a chment sAttachments Statewide SUB JEC T:SUB JEC T :Receipt & Filing of Claim - Robert Nienhaus D A TE :D A T E :August 14, 2024 A t t a chment sAttachments Statewide SUB JEC T:SUB JEC T :Receipt & Filing of Claim - Jacqueline Saad D A TE :D A T E :August 14, 2024 A t t a chment sAttachments Statewide TO :T O :Honorable Mayor and Members of the Common Council FRO M :FRO M :Steven M. Gohde, Assistant Director of Public Works/Utilities General Manager D A TE :D A T E :August 14, 2024 SUB JEC T:SUB JEC T :Res 24-445 Resolution Authorizing the Issuance and Sale of up to $551,500 Taxable Private Lead Service Line Replacement Loan Program Revenue Bonds, Series 2024, and Providing for Other Details and Covenants with Respect Thereto B A C KGRO UN DBACKGROUND The Wisconsin Department of Natural Resources (WDNR) provides financial assistance for communities undertaking water system improvements through the Safe Drinking Water Loan Program (SDWLP). In 2017, the City of Oshkosh (City) received a Principal Forgiveness Loan (PFL) through the SDWLP in the amount of $500,000 to assist residents in replacing private-side lead water service laterals. In 2018, the City also received an additional PFL through the SDWLP in the amount of $300,000. In 2021, the City also received a third PFL through the SDWLP for $280,000. In 2022, the City also received a fourth PFL through the SDWLP for $382,500. These first four (4) grants have allowed the City to assist 698 property owners in replacing their private-side lead water service. The City has applied for and is in the process of receiving additional money to assist residents in replacing private-side lead water service laterals in the amount of $1,099,500. This year, the Federal money being provided to the WDNR to fund the portion of the SDWLP that includes assistance for private-side lead water service lateral (LSL) replacements is coming from the Bipartisan Infrastructure Legislation. This means that only a portion of the funding is in the form of a PFL ($548,000). The remaining portion is in the form of an interest-charging loan ($551,500). The interest rate on this loan is 0.25%. This loan will require the issuance of Taxable Private LSL Replacement Loan Program Revenue Bonds, Series 2024, in the amount of $551,500. At the March 28, 2017 meeting, the Common Council (Council) adopted changes to Chapter 20 of the Municipal Code, which requires the complete replacement of a lead water service lateral if a repair or partial replacement occurs. A program for private-side lead water service lateral replacements was also created, which provides funding to property owners for replacing their private-side lead water service laterals in coordination with construction projects or in an emergency situation where a repair or partial replacement would have previously occurred. The funding provided through this program comes from the SDWLP. Due to changes in the funding source and program requirements, this program will be revised. The City will be paying the LSL replacement contractors directly, instead of reimbursing property owners for their payments to these contractors. The City will be requiring participants in the program to take out loans with the City to reimburse the City for fifty percent (50%) of these costs. A N A L Y SI SANALYSIS Approval of these agreements will allow the City to recover costs associated with assisting the residents with the replacement of their private-side lead water service laterals. Without this program, the City could not assist residents in replacing their private-side lead water service laterals. FI SC A L I M P A CTFISCAL I M P A C T There is no fiscal impact to the City related to this agreement. A portion of this SDWLP agreement is for a Principal Forgiveness Loan, which means there is no repayment of this portion. The remaining portion of this loan will be covered by the repayments of the property owners' loans with the City. This loan, like last year's, requires the City must complete the public-side relay prior to applying for financial assistance. REC O M M E N D A TI ONRECOMMENDATION I recommend approval of the resolutions authorizing the issuance and sale of up to $551,500 Taxable Private LSL Replacement Loan Program Revenue Bonds, Series 2024 and Safe Drinking Water Loan Program Financial Assistance Agreement with the WDNR for Project No. 4874-15. A t t a chment sAttachments RES 24-445 Exhibit A to Res 24-445 Financial Assistance Agreement 8/14/2024 24-445 RESOLUTION     CARRIED 7-0     PURPOSE: RESOLUTION AUTHORIZING THE ISSUANCE AND SALE OF UP TO $551,500 TAXABLE PRIVATE LEAD SERVICE LINE REPLACEMENT LOAN PROGRAM REVENUE BONDS, SERIES 2024, AND PROVIDING FOR OTHER DETAILS AND COVENANTS WITH RESPECT THERETO       WHEREAS, the City of Oshkosh, Winnebago County, Wisconsin (the "Municipality") has established a loan program (the "Program") pursuant to which it makes loans pursuant to Section 66.0627(8)(ag), Wisconsin Statutes, to owners of property in the Municipality for the purpose of replacing private customer-side water service lines containing lead ("Loans"), which Program is hereby found and determined to be a revenue producing enterprise operated for a public purpose as a public utility by the Municipality within the meaning of Section 66.0621, Wisconsin Statutes; and     WHEREAS, additional funding to conduct, operate and manage the Program to finance additional Loans is necessary to meet the needs of the Municipality and the residents thereof, consisting of Loans to be made for the construction of a project (the "Project") assigned Safe Drinking Water Loan Program Project No. 4874-15 by the Department of Natural Resources; and     WHEREAS, under the provisions of Chapter 66, Wisconsin Statutes any municipality may, by action of its governing body, provide for purchasing, acquiring, constructing, extending, adding to, improving, operating and managing a public utility from the proceeds of bonds, which bonds are to be payable only from the revenues received from any source by such utility, including all rentals and fees; and     WHEREAS, the Municipality deems it to be necessary, desirable and in its best interest to authorize and sell revenue bonds of the Municipality payable solely from the revenues of the Program, pursuant to the provisions of Section 66.0621, Wisconsin Statutes, to pay the cost of the Project; and     WHEREAS, due to certain provisions of the Internal Revenue Code of 1986, as amended, it is necessary to issue such bonds on a taxable basis, and the State of Wisconsin Safe Drinking Water Loan Program has determined to allow such bonds to be issued on a taxable basis; and     WHEREAS, no bonds or obligations payable from the revenues of the Program are now outstanding. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that:     Section 1.  Definitions.  The following terms shall have the following meanings in this Resolution unless the text expressly or by implication requires otherwise: "Act" means Section 66.0621, Wisconsin Statutes;a. "Bond Registrar" means the Municipal Treasurer which shall act as Paying Agent for the Bonds; b. "Bonds" means the $551,500 Taxable Private LSL Replacement Loan Program Revenue Bonds, Series 2024, of the Municipality dated their date of issuance, authorized to be issued by this Resolution; c. "Bond Year" means the twelve?month period ending on each May 1; d. "Current Expenses" means the reasonable and necessary costs of operating, maintaining, administering and conducting the Program, including salaries, wages, costs of materials and supplies, insurance and audits, but shall exclude depreciation, debt service, tax equivalents and capital expenditures; e. "Debt Service Fund" means the Debt Service Fund of the Municipality, which shall be the "special redemption fund" as such term is defined in the Act; f. "Financial Assistance Agreement" means the Financial Assistance Agreement by and between the State of Wisconsin by the Department of Natural Resources and the Department of Administration and the Municipality pursuant to which the Bonds are to be issued and sold to the State, substantially in the form attached hereto and incorporated herein by this reference; g. "Fiscal Year" means the twelve?month period ending on each December 31;h. "Governing Body" means the City Council, or such other body as may hereafter be the chiefi. legislative body of the Municipality; "Gross Earnings" means the gross earnings of the Program, including earnings of the Program derived from any payments made to the Municipality under any Loans, any fees or charges imposed by the Municipality with respect to the Program or Loans, any service agreements between the Municipality and any contract users of the Program, and any other monies received by the Program from any source including all rentals and fees, any tax incremental district revenues or other revenues of the Municipality pursuant to Section 9 appropriated by the Governing Body to the Program, and any special assessments and Special Charges levied or imposed and collected in connection with the Loans or the Project (for the avoidance of doubt, "Gross Earnings" does not include revenues of the water system or utility of the Municipality except for any water system or utility revenues which may in the future be appropriated to the Program with Public Service Commission approval); j.  "Lead Service Line" or "LSL" means (i) all or a portion of a water Service Line constructed of lead, and/or (ii) all or a portion of a water Service Line constructed of galvanized material that is or was downstream of lead; k. "Loans" mean loans made by the Municipality pursuant to Section 66.0627(8)(ag), Wisconsin Statutes, or any successor provisions, to owners of property in the Municipality for the purpose of replacing private customer-side Lead Service Lines; l. "Municipal Treasurer" means the Treasurer of the Municipality who shall act as Bond Registrar and Paying Agent; m. "Municipality" means the City of Oshkosh, Winnebago County, Wisconsin;n. "Net Revenues" means the Gross Earnings of the Program after deduction of Current Expenses;o. "Parity Bonds" means bonds payable from the revenues of the Program other than the Bonds but issued on a parity and equality with the Bonds pursuant to the restrictive provisions of Section 11 of this Resolution; p. "Program" means the entire Private Lead Service Line Replacement Loan Program established and conducted by the Municipality for the purpose of making Loans, specifically including all funds or property of every nature now or hereafter owned by the Municipality for the purpose of making and administering Loans, including all improvements and extensions thereto made by the Municipality while any of the Bonds and Parity Bonds remain outstanding, including all real and personal property of every nature comprising part of or used or useful in connection with such loan program and including all appurtenances, contracts, leases, franchises, and other intangibles.  All elements of the Program are to be owned and operated by the Municipality as part of the Program as described in the preamble hereto; q. "Project" means the Project described in the preamble to this Resolution;r. "Record Date" means the close of business on the fifteenth day of the calendar month next preceding any principal or interest payment date; s. "Service Line" means the water service piping from the corporation stop of the municipally-owned water main or service line to the meter, isolation valve, or other water utility service terminal on the served property; and t. "Special Charges" means the special charges the Municipality imposes pursuant to Section 66.0627(8), Wisconsin Statutes, or any successor provisions, to collect loan repayments for the Loans. u.     Section 2.  Authorization of the Bonds and the Financial Assistance Agreement.  For the purpose of providing funding for the Program to make Loans to pay the cost of the Project (including legal, fiscal, engineering and other expenses), there shall be borrowed on the credit of the income and revenue of the Program up to the sum of $551,500; and fully registered revenue bonds of the Municipality are authorized to be issued in evidence thereof and sold to the State of Wisconsin Safe Drinking Water Loan Program in accordance with the terms and conditions of the Financial Assistance Agreement, which is incorporated herein by this reference and the City Manager and City Clerk of the Municipality are hereby authorized, by and on behalf of the Municipality, to execute the Financial Assistance Agreement.         Section 3.  Terms of the Bonds.  The Bonds shall be designated "Taxable Private LSL Replacement Loan Program Revenue Bonds, Series 2024" (the "Bonds"); shall be dated their date of issuance; shall be numbered one and upward; shall bear interest at the rate of 0.250% per annum; shall be issued in denominations of $0.01 or any integral multiple thereof; and shall mature on the dates and in the amounts as set forth in Exhibit B of the Financial Assistance Agreement and in the Bond form attached hereto as Exhibit A as it is from time to time adjusted by the State of Wisconsin based upon the actual draws made by the Municipality.  Interest on the Bonds shall be payable commencing on November 1, 2024 and semiannually thereafter on May 1 and November 1 of each year.  The Bonds shall not be subject to redemption prior to maturity except as provided in the Financial Assistance Agreement. The schedule of maturities of the Bonds is found to be such that the amount of annual debt service payments is reasonable in accordance with prudent municipal utility practices.     Section 4.  Form, Execution, Registration and Payment of the Bonds.  The Bonds shall be issued as registered obligations in substantially the form attached hereto as Exhibit A and incorporated herein by this reference. The Bonds shall be executed in the name of the Municipality by the manual signatures of the City Manager and City Clerk, and shall be sealed with its official or corporate seal, if any. The principal of, premium, if any, and interest on the Bonds shall be paid by the Municipal Treasurer, who is hereby appointed as the Municipality's Bond Registrar. Both the principal of and interest on the Bonds shall be payable in lawful money of the United States of America by the Bond Registrar.  Payment of principal of the final maturity on the Bond will be payable upon presentation and surrender of the Bond to the Bond Registrar.  Payment of principal on the Bond and each installment of interest shall be made to the registered owner of each Bond who shall appear on the registration books of the Municipality, maintained by the Bond Registrar, on the Record Date and shall be paid by electronic transfer or by check or draft of the Municipality (as directed by the registered owner) and if by check or draft, mailed to such registered owner at his or its address as it appears on such registration books or at such other address may be furnished in writing by such registered owner to the Bond Registrar.     Section 5.  Security for the Bonds.  The Bonds, together with interest thereon, shall not constitute an indebtedness of the Municipality nor a charge against its general credit or taxing power.  The Bonds, together with interest thereon, shall be payable only out of the Debt Service Fund hereinafter created and established, and shall be a valid claim of the registered owner or owners thereof only against such Debt Service Fund and the revenues of the Program pledged to such fund.  Sufficient revenues are hereby pledged to said Debt Service Fund, and shall be used for no other purpose than to pay the principal of, premium, if any, and interest on the Bonds and any Parity Bonds as the same becomes due.     Section 6.  Funds and Accounts.  In accordance with the Act, for the purpose of the application and proper allocation of the revenues of the Program, and to secure the payment of the principal of and interest on the Bonds and Parity Bonds, certain funds of the Program are hereby created and established which shall be used solely for the following respective purposes: Private LSL Replacement Loan Program Revenue Fund (the "Revenue Fund"), into which shall be deposited as received the Gross Earnings of the Program, which money shall then be divided among the Debt Service Fund, the Operation and Maintenance Fund and the Surplus Fund in the amounts and in the manner set forth in Section 7 hereof and used for the purposes described below. a. Private LSL Replacement Loan Program Debt Service Fund (the "Debt Service Fund"), which shall be used for the payment of the principal of, premium, if any, and interest on the Bonds and Parity Bonds as the same becomes due, and which may contain a Reserve Account established by a future resolution authorizing the issuance of Parity Bonds to secure such Parity Bonds. b. Private LSL Replacement Loan Program Operation and Maintenance Fund (the "Operation and Maintenance Fund"), which shall be used for the payment of Current Expenses. c. Private LSL Replacement Loan Program Surplus Fund (the "Surplus Fund"), which shall first be used whenever necessary to pay principal of, premium, if any, or interest on the Bonds and Parity Bonds when the Debt Service Fund shall be insufficient for such purpose, and thereafter shall be disbursed as follows:  (i) at any time, to remedy any deficiency in any of the Funds provided in this Section 6 hereof; and (ii) money thereafter remaining in the Surplus Fund at the end of any Fiscal Year may be transferred to any of the funds or accounts created herein or to reimburse the general fund of the Municipality for advances made by the Municipality to the Program. d.     Section 7.  Application of Revenues.  After the delivery of the Bonds, the Gross Earnings of the Program shall be deposited as collected in the Revenue Fund and shall be transferred monthly to the funds listed below in the following order of priority and in the manner set forth below: to the Debt Service Fund, until the amount on deposit therein is equal to the amount needed to pay the remaining installments of interest and principal coming due on the Bonds and any Parity Bonds then outstanding during such Fiscal Year (after giving effect to available amounts in said Fund from accrued interest, any premium or any other source), and any amount required by a future resolution authorizing the issuance of Parity Bonds to fund a Reserve Account established therein; a. to the Operation and Maintenance Fund, until the amount on deposit therein is equal to the remaining estimated Current Expenses for such Fiscal Year (after giving effect to available amounts in said Fund from prior deposits); and b. to the Surplus Fund, any amount remaining in the Revenue Fund after the monthly transfers required above have been completed. c. Transfers from the Revenue Fund to the Debt Service Fund, the Operation and Maintenance Fund and the Surplus Fund shall be made monthly not later than the tenth day of each month, and such transfer shall be applicable to monies on deposit in the Revenue Fund as of the last day of the month preceding.  Any other transfers and deposits to any fund required or permitted by subsection (a) through (c) of this Section, except transfers or deposits which are required to be made immediately or annually, shall be made on or before the tenth day of the month.  Any transfer or deposit required to be made at the end of any Fiscal Year shall be made within sixty (60) days after the close of such Fiscal Year.  If the tenth day of any month shall fall on a day other than a business day, such transfer or deposit shall be made on the next succeeding business day. It is the express intent and determination of the Governing Body that the amounts transferred from the Revenue Fund and deposited in the Debt Service Fund shall be sufficient in any event to pay the interest on the Bonds and any Parity Bonds as the same accrues and the principal thereof as the same matures, and to fund the Reserve Account as required in connection with future Parity Bonds.     Section 8.  Deposits and Investments.  The Debt Service Fund shall be kept apart from monies in the other funds and accounts of the Municipality and the same shall be used for no purpose other than the prompt payment of principal of and interest on the Bonds and any Parity Bonds as the same becomes due and payable.  All monies therein shall be deposited in special and segregated accounts in a public depository selected under Chapter 34, Wisconsin Statutes and may be temporarily invested until needed in legal investments subject to the provisions of Section 66.0603(1m), Wisconsin Statutes.  The other funds herein created (except the Private LSL Replacement Loan Program SDWLP Project Fund) may be combined in a single account in a public depository selected in the manner set forth above and may be temporarily invested until needed in legal investments subject to the provisions of Section 66.0603(1m), Wisconsin Statutes.     Section 9.  Service to the Municipality.  In recognition of and consideration for the public health benefit rendered to the Municipality by the Program by financing the elimination of lead from the public drinking water supply for public purposes, the Municipality agrees that it shall be charged and shall make payments to the Program in monthly installments as the service and benefit accrues, out of the current revenues of the Municipality collected or in the process of collection, exclusive of the revenues derived from the Program; that is to say, out of the tax levy of the Municipality made by it to raise money to meet its necessary current expenses.  The amount of the charge and payment for the service and benefit provided to the Municipality in each year shall be equal to an amount which, together with other revenues of the Program, will produce in each Fiscal Year Net Revenues equivalent to not less than 100% of the annual principal and interest requirements on the Bonds, any Parity Bonds and any other obligations payable from the revenues of the Program then outstanding.  However, such payment out of the tax levy shall be subject to (a) approval of the Public Service Commission, or successors to its function, if applicable, (b) yearly appropriations therefor, and (c) applicable levy limitations, if any; and neither this Resolution nor such payment shall be construed as constituting an obligation of the Municipality to make any such appropriation over and above the reasonable cost and value of the service and benefit rendered to the Municipality and its inhabitants or to make any subsequent payment over and above such reasonable cost and value.     Section 10.  Operation of Program; Municipality Covenants.  It is covenanted and agreed by the Municipality with the owner or owners of the Bonds, and each of them, that the Municipality will perform all of the obligations of the Municipality as set forth in the Financial Assistance Agreement.     Section 11.  Additional Bonds.  No bonds or obligations payable out of the revenues of the Program may be issued in such manner as to enjoy priority over the Bonds or with a lien and pledge that is junior and subordinate to that of the Bonds.  Parity Bonds may be issued only under the following circumstances: Additional Parity Bonds may be issued for the purpose of completing the Project and for the purpose of financing costs of the Project which are ineligible for payment under the State of Wisconsin Safe Drinking Water Loan Program.  However, such additional Parity Bonds shall be in an aggregate amount not to exceed 20% of the face amount of the Bonds; or a. Additional Parity Bonds may also be issued if all of the following conditions are met: The State of Wisconsin Safe Drinking Water Loan Program has consented in writing to the issuance of such additional bonds on a parity with the Bonds. 1. The payments required to be made into the funds enumerated in Section 6 of this Resolution must have been made in full. 2. The additional bonds must have principal maturing on May 1 of each year and interest falling due on May 1 and November 1 of each year. 3. The proceeds of the additional bonds must be used only for the purpose of providing additional funding for the Program to make Loans, or to refund obligations issued for such purpose. 4. b.     Section 12.  Sale of Bonds.  The sale of the Bonds to the State of Wisconsin Safe Drinking Water Loan Program for the purchase price of up to $551,500 and at par, is ratified and confirmed; and the officers of the Municipality are authorized and directed to do any and all acts, including executing the Financial Assistance Agreement and the Bonds as hereinabove provided, necessary to conclude delivery of the Bonds to said purchaser, as soon after adoption of this Resolution as is convenient.  The purchase price for the Bonds shall be paid upon requisition therefor as provided in the Financial Assistance Agreement, and the officers of the Municipality are authorized to prepare and submit to the State requisitions and disbursement requests in anticipation of the execution of the Financial Assistance Agreement and the issuance of the Bonds.     Section 13.  Application of Bond Proceeds.  The proceeds of the sale of the Bonds shall be deposited by the Municipality into a special fund designated as "Private LSL Replacement Loan Program SDWLP Project Fund."  The Private LSL Replacement Loan Program SDWLP Project Fund shall be used solely for the purpose of paying the costs of the Project as more fully described in the preamble hereof and in the Financial Assistance Agreement.  Moneys in the Private LSL Replacement Loan Program SDWLP Project Fund shall be disbursed within three (3) business days of their receipt from the State of Wisconsin and shall not be invested in any interest?bearing account.     Section 14.  Amendment to Resolution.  After the issuance of any of the Bonds, no change or alteration of any kind in the provisions of this Resolution may be made until all of the Bonds have been paid in full as to both principal and interest, or discharged as herein provided, except: (a) the Municipality may, from to time, amend this Resolution without the consent of any of the owners of the Bonds, but only to cure any ambiguity, administrative conflict, formal defect, or omission or procedural inconsistency of this Resolution; and (b) this Resolution may be amended, in any respect, with a written consent of the owners of not less than two?thirds (2/3) of the principal amount of the Bonds then outstanding, exclusive of Bonds held by the Municipality; provided, however, that no amendment shall permit any change in the pledge of revenues derived from the Program or the maturity of any Bond issued hereunder, or a reduction in the rate of interest on any Bond, or in the amount of the principal obligation thereof, or in the amount of the redemption premium payable in the case of redemption thereof, or change the terms upon which the Bonds may be redeemed or make any other modification in the terms of the payment of such principal or interest without the written consent of the owner of each such Bond to which the change is applicable.     Section 15.  Defeasance.  When all Bonds have been discharged, all pledges, covenants and other rights granted to the owners thereof by this Resolution shall cease.  The Municipality may discharge all Bonds due on any date by irrevocably depositing in escrow with a suitable bank or trust company a sum of cash and/or bonds or securities issued or guaranteed as to principal and interest of the U.S. Government, or of a commission, board or other instrumentality of the U.S. Government, maturing on the dates and bearing interest at the rates required to provide funds sufficient to pay when due the interest to dates and bearing interest at the rates required to provide funds sufficient to pay when due the interest to accrue on each of said Bonds to its maturity or, at the Municipality's option, if said Bond is prepayable to any prior date upon which it may be called for redemption, and to pay and redeem the principal amount of each such Bond at maturity, or at the Municipality's option, if said Bond is prepayable, at its earliest redemption date, with the premium required for such redemption, if any, provided that notice of the redemption of all prepayable Bonds on such date has been duly given or provided for.     Section 16.  Resolution a Contract.  The provisions of this Resolution shall constitute a contract between the Municipality and the owner or owners of the Bonds, and after issuance of any of the Bonds no change or alteration of any kind in the provisions of this Resolution may be made, except as provided in Section 14, until all of the Bonds have been paid in full as to both principal and interest.  The owner or owners of any of the Bonds shall have the right in addition to all other rights, by mandamus or other suit or action in any court of competent jurisdiction, to enforce such owner's or owners' rights against the Municipality, the Governing Body thereof, and any and all officers and agents thereof including, but without limitation, the right to require the Municipality, its Governing Body and any other authorized body, to establish and collect charges and other revenues fully adequate to carry out all of the provisions and agreements contained in this Resolution.     Section 17.  Continuing Disclosure.  The officers of the Municipality are hereby authorized and directed, if requested by the State of Wisconsin, to provide to the State of Wisconsin Safe Drinking Water Loan Program and to such other persons or entities as directed by the State of Wisconsin such ongoing disclosure regarding the Municipality's financial condition and other matters, at such times and in such manner as the Safe Drinking Water Loan Program may require, in order that securities issued by the Municipality and the State of Wisconsin satisfy rules and regulations promulgated by the Securities and Exchange Commission under the Securities Exchange Act of 1934, as amended and as it may be amended from time to time, imposed on brokers and dealers of municipal securities before the brokers and dealers may buy, sell, or recommend the purchase of such securities.     Section 18.  Conflicting Resolutions.  All ordinances, resolutions, or orders, or parts thereof heretofore enacted, adopted or entered, in conflict with the provisions of this Resolution, are hereby repealed and this Resolution shall be in effect from and after its passage.     Passed:                         August 14, 2024 Approved:                    August 14, 2024 _____________________________ Matt Mugerauer Mayor/Council President Attest: ___________________________ Diane Bartlett City Clerk QB\91484166.1 A-1 EXHIBIT A (Form of Municipal Obligation) REGISTERED UNITED STATES OF AMERICA REGISTERED NO. _____ STATE OF WISCONSIN $_________ WINNEBAGO COUNTY CITY OF OSHKOSH TAXABLE PRIVATE LSL REPLACEMENT LOAN PROGRAM REVENUE BOND, SERIES 2024 Final Date of Maturity Date Original Issue May 1, 2036 _____, 20__ REGISTERED OWNER: STATE OF WISCONSIN SAFE DRINKING WATER LOAN PROGRAM FOR VALUE RECEIVED the City of Oshkosh, Winnebago County, Wisconsin (the "Municipality") hereby acknowledges itself to owe and promises to pay to the registered owner shown above, or registered assigns, solely from the fund hereinafter specified, the principal sum of an amount not to exceed ________________________ DOLLARS ($_________) (but only so much as shall have been drawn hereunder, as provided below) on May 1 of each year commencing May 1, 2027 until the final maturity date written above, together with interest thereon (but only on amounts as shall have been drawn hereunder, as provided below) from the dates the amounts are drawn hereunder or the most recent payment date to which interest has been paid, at the rate of 0.250% per annum, calculated on the basis of a 360-day year made up of twelve 30-day months, such interest being payable on the first days of May and November of each year, with the first interest being payable on November 1, 2024. The principal amount evidenced by this Bond may be drawn upon by the Municipality in accordance with the Financial Assistance Agreement entered by and between the Municipality and the State of Wisconsin by the Department of Natural Resources and the Department of Administration (the "Financial Assistance Agreement") including capitalized interest transferred (if any). The principal amounts so drawn shall be repaid in installments on May 1 of each year commencing on May 1, 2027 in an amount equal to an amount which when amortized over the remaining term of this Bond plus current payments of interest (but only on amounts drawn hereunder) at Zero and 250/1000ths percent (0.250%) per annum shall result in equal annual payments of the total of principal and the semiannual payments of interest. The State of Wisconsin Department of Administration shall record such draws and corresponding principal repayment schedule on a cumulative basis in the format shown on the attached Schedule A. QB\91484166.1 A-2 Both principal and interest hereon are hereby made payable to the registered owner in lawful money of the United States of America. On the final maturity date, principal of this Bond shall be payable only upon presentation and surrender of this Bond at the office of the Municipal Treasurer. Principal hereof and interest hereon shall be payable by electronic transfer or by check or draft dated on or before the applicable payment date (as directed by the registered owner) and if by check or draft, mailed from the office of the Municipal Treasurer to the person in whose name this Bond is registered at the close of business on the fifteenth day of the calendar month next preceding such interest payment date. This Bond shall not be redeemable prior to its maturity, except as set forth in the Financial Assistance Agreement. This Bond is transferable only upon the books of the Municipality kept for that purpose at the office of the Municipal Treasurer, by the registered owner in person or its duly authorized attorney, upon surrender of this Bond, together with a written instrument of transfer (which may be endorsed hereon) satisfactory to the Municipal Treasurer, duly executed by the registered owner or its duly authorized attorney. Thereupon a replacement Bond shall be issued to the transferee in exchange therefor. The Municipality may deem and treat the person in whose name this Bond is registered as the absolute owner hereof for the purpose of receiving payment of or on account of the principal or interest hereof and for all other purposes. This Bond is issuable solely as a negotiable, fully-registered bond, without coupons, and in denominations of $0.01 or any integral multiple thereof. This Bond is issued for the purpose of providing funding for the Private Lead Service Line ("LSL") Replacement Loan Program of the Municipality (the "Program") to make loans to owners of property within the Municipality for the purpose of replacing private customer-side water service lines containing lead, pursuant to Article XI, Section 3, of the Wisconsin Constitution, Section 66.0621, Wisconsin Statutes, and a resolution adopted August 14, 2024, and entitled: "Resolution Authorizing the Issuance and Sale of Up to $551,500 Taxable Private LSL Replacement Loan Program Revenue Bonds, Series 2024, and Providing for Other Details and Covenants With Respect Thereto" and is payable only from the income and revenues of the Program. This Bond does not constitute an indebtedness of said Municipality within the meaning of any constitutional or statutory debt limitation or provision. It is hereby certified, recited and declared that all acts, conditions and things required to exist, happen, and be performed precedent to and in the issuance of this Bond have existed, have happened and have been performed in due time, form and manner as required by law; and that sufficient of the income and revenue to be received by said Municipality from the operation of the Program has been pledged to and will be set aside into a special fund for the payment of the principal of and interest on this Bond. QB\91484166.1 A-3 IN WITNESS WHEREOF, the Municipality has caused this Bond to be signed by the signatures of its City Manager and City Clerk, and its corporate seal to be impressed hereon, all as of the date of original issue specified above. CITY OF OSHKOSH, WISCONSIN (SEAL) By:__________________________ Mark Rohloff City Manager By:__________________________ Diane Bartlett City Clerk QB\91484166.1 A-4 (Form of Assignment) FOR VALUE RECEIVED the undersigned hereby sells, assigns and transfers unto ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ (Please print or typewrite name and address, including zip code, of Assignee) Please insert Social Security or other identifying number of Assignee _____________________________ the within Bond and all rights thereunder, hereby irrevocably constituting and appointing ________________________________________________________________ Attorney to transfer said Bond on the books kept for the registration thereof with full power of substitution in the premises. Dated:_______________ ________________________________________ NOTICE: The signature of this assignment must correspond with the name as it appears upon the face of the within Bond in every particular, without alteration or enlargement or any change whatever. Signature(s) guaranteed by __________________________________ QB\91484166.1 SA-1 SCHEDULE A $551,500 CITY OF OSHKOSH, WISCONSIN TAXABLE PRIVATE LSL REPLACEMENT LOAN PROGRAM REVENUE BONDS, SERIES 2024 Amount of Disburse- Date of Series of Principal Principal ment Disbursement Bonds Repaid Balance ________ ____________ ________ ________ ________ ________ ____________ ________ ________ ________ ________ ____________ ________ ________ ________ ________ ____________ ________ ________ ________ ________ ____________ ________ ________ ________ ________ ____________ ________ ________ ________ ________ ____________ ________ ________ ________ ________ ____________ ________ ________ ________ ________ ____________ ________ ________ ________ ________ ____________ ________ ________ ________ QB\91484166.1 SA-2 SCHEDULE A (continued) PRINCIPAL REPAYMENT SCHEDULE Principal Date Amount May 1, 2027 $54,532.40 May 1, 2028 54,668.73 May 1, 2029 54,805.41 May 1, 2030 54,942.42 May 1, 2031 55,079.78 May 1, 2032 55,217.47 May 1, 2033 55,355.52 May 1, 2034 55,493.91 May 1, 2035 55,632.64 May 1, 2036 55,771.72 TO :T O :Honorable Mayor and Members of the Common Council FRO M :FRO M :Steven M. Gohde, Assistant Director of Public Works/Utilities General Manager D A TE :D A T E :August 14, 2024 SUB JEC T:SUB JEC T :Res 24-446 Approve Safe Drinking Water Loan Program Financial Assistance Agreement with the Wisconsin Department of Natural Resources for Project No. 4874-15 B A C KGRO UN DBACKGROUND The Wisconsin Department of Natural Resources (WDNR) provides financial assistance for communities undertaking water system improvements through the Safe Drinking Water Loan Program (SDWLP). In 2017, the City of Oshkosh (City) received a Principal Forgiveness Loan (PFL) through the SDWLP in the amount of $500,000 to assist residents in replacing private-side lead water service laterals. In 2018, the City also received an additional PFL through the SDWLP in the amount of $300,000. In 2021, the City also received a third PFL through the SDWLP for $280,000. In 2022, the City also received a fourth PFL through the SDWLP for $382,500. These first four (4) grants have allowed the City to assist 698 property owners in replacing their private-side lead water service. The City has applied for and is in the process of receiving additional money to assist residents in replacing private-side lead water service laterals in the amount of $1,099,500. This year, the Federal money being provided to the WDNR to fund the portion of the SDWLP that includes assistance for private-side lead water service lateral (LSL) replacements is coming from the Bipartisan Infrastructure Legislation. This means that only a portion of the funding is in the form of a PFL ($548,000). The remaining portion is in the form of an interest-charging loan ($551,500). The interest rate on this loan is 0.25%. This loan will require the issuance of Taxable Private LSL Replacement Loan Program Revenue Bonds, Series 2024, in the amount of $551,500. At the March 28, 2017 meeting, the Common Council (Council) adopted changes to Cha p t er 20Chapter 20 of the Municipal Code, which requires the complete replacement of a lead water service lateral if a repair or partial replacement occurs. A program for private-side lead water service lateral replacements was also created, which provides funding to property owners for replacing their private-side lead water service laterals in coordination with construction projects or in an emergency situation where a repair or partial replacement would have previously occurred. The funding provided through this program comes from the SDWLP. Due to changes in the funding source and program requirements, this program will be revised. The City will be paying the LSL replacement contractors directly, instead of reimbursing property owners for their payments to these contractors. The City will be requiring participants in the program to take out loans with the City to reimburse the City for fifty percent (50%) of these costs. A N A L Y SI SANALYSIS Approval of these agreements will allow the City to recover costs associated with assisting the residents with the replacement of their private-side lead water service laterals. Without this program, the City could not assist residents in replacing their private-side lead water service laterals. FI SC A L I M P A CTFISCAL I M P A C T There is no fiscal impact to the City related to this agreement. A portion of this SDWLP agreement is for a Principal Forgiveness Loan, which means there is no repayment of this portion. The remaining portion of this loan will be covered by the repayments of the property owners' loans with the City. This loan, like last year's, requires the City must complete the public-side relay prior to applying for financial assistance. REC O M M E N D A TI ONRECOMMENDATION I recommend approval of the resolutions authorizing the issuance and sale of up to $551,500 Taxable Private LSL Replacement Loan Program Revenue Bonds, Series 2024 and Safe Drinking Water Loan Program Financial Assistance Agreement with the WDNR for Project No. 4874-15. A t t a chment sAttachments RES 24-446 WDNR FAA #4874-15 08/14/2024 24-446 RESOLUTION     CARRIED 7-0     PURPOSE: APPROVE SAFE DRINKING WATER LOAN PROGRAM FINANCIAL ASSISTANCE AGREEMENT WITH THE WISCONSIN DEPARTMENT OF NATURAL RESOURCES (WDNR) FOR PROJECT NO. 4874-15 INITIATED BY : DEPARTMENT OF PUBLIC WORKS         WHEREAS, the City of Oshkosh has applied to the Safe Drinking Water Loan Program (the “SDWLP”) for financial assistance to assist with replacing private private-side lead water service laterals (identified as WDNR No. 4874-15, the “Project”), in the form of a loan made by the SDWLP to the Municipality, of which fifty percent (50%) of the principal of this loan will be forgiven at the time that loan disbursements are made to the Municipality, pursuant to the WDNR Financial Assistance Agreement; and     WHEREAS, the SDWLP has determined that it can provide a loan in the amount of $1,099,500 to the City of Oshkosh with principal forgiveness in an amount up to $548,000. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that the City Manager and City Clerk are authorized by and on behalf of the Municipality to execute the State of Wisconsin Safe Drinking Water Loan Program Lead Service Line Replacement Financial Assistance Agreement with Principal Forgiveness that contains the terms and conditions of the SDWLP award for the Project. The State of Wisconsin Safe Drinking Water Loan Program Lead Service Line Replacement Financial Assistance Agreement with Principal Forgiveness is incorporated herein by this reference.    TO :T O :Honorable Mayor and Members of the Common Council FRO M :FRO M :Steven M. Gohde, Assistant Director of Public Works/Utilities General Manager D A TE :D A T E :August 14, 2024 SUB JEC T:SUB JEC T :Res 24-447 Grant Noise Variance Request for O&J Coatings, Inc. for Fernau Water Tower Painting and Mixing, Conditional upon Department of Public Works Approving Specific Dates the Work Will Be Allowed B A C KGRO UN DBACKGROUND The Fernau Water Tower was installed and painted in 2000. Regular maintenance and inspections are performed on the City's water towers to evaluate the overall condition of the towers. This includes the paint that protects the metal in the water tower structures. Inspections have indicated the interior and exterior paint on the Fernau Water Tower has started to show signs of failure and it needs to be repainted. Typical water tower painting cycles are ten (10) to fifteen (15) years. The Project also includes the installation of a mixing system to improve water quality in the system. Additionally, repairs and improvements to several components of the tower are included. Some of the included items are the installation of a Cathodic Protection System and replacement of a fall-prevention device. This work was awarded to O&J Coatings, Inc. (O&J) by the Common Council (Council) at the February 13th Council meeting. Due to the possibility of rain delays, O&J has requested the ability to work on Sundays, if required to meet the Project deadlines through November 30, 2024. A N A L Y SI SANALYSIS M unicip a l C od e Se c t ion 17-42 (6) (a )M unicip a l C o d e Se c t ion 17-42 (6) (a ) only allows exemptions to the noise limitations in Sect ion 17-42Section 17-42 on construction projects from Monday through Saturday. Allowing this variance would help ensure the work on this Project would be completed on time and that the water tower would not be out of service for a longer period of time. FI SC A L I M P A CTFISCAL I M P A C T There are no costs to the City. REC O M M E N D A TI ONRECOMMENDATION I recommend granting approval of the noise variance request for O&J Coatings, Inc. to work on the Fernau Water Tower Painting and Mixing Project on Sundays, conditional upon the Department of Public Works approving the specific dates through November 30, 2024. A t t a chment sAttachments RES 24-447 08/14/2024 24-447 RESOLUTION     CARRIED 7-0     PURPOSE: GRANT NOISE VARIANCE REQUEST FOR O&J COATINGS, INC. FOR FERNAU WATER TOWER PAINTING AND MIXING, CONDITIONAL UPON DEPARTMENT OF PUBLIC WORKS APPROVING SPECIFIC DATES THE WORK WILL BE ALLOWED INITIATED BY : O&J COATINGS, INC.         WHEREAS, the City of Oshkosh has adopted a noise ordinance limiting the amount of noise within the City limits; and     WHEREAS, the city ordinance exempts construction projects during any day from Monday to Saturday provided the sound level at or across the real property boundary does not exceed 86 dBa; and     WHEREAS,  the City awarded a contract for maintenance and repair of the City Water Tower located on Fernau Avenue to O & J Coatings, Inc.; and     WHEREAS, O&J Coatings, Inc. has requested a variance from the ordinance to allow construction on the Fernau Water Tower Painting and Mixing project on Sundays through November 30, 2024 if necessary due to weather or other unforeseen circumstances; and     WHEREAS, the Common Council may at its discretion grant a temporary variance from the requirements of the City’s noise ordinance; and     WHEREAS, under Section 17- 42 the Council may grant a temporary variance to the noise ordinance considering all relevant factors including but not limited to: (1)    Any benefit to the applicant, community or any other persons in relation to the granting of the variance;  (2)    any hardship to the applicant, the community, and other persons of not granting the variance; duration of the requested variance; (3)    duration of the requested variance;       (4)    the adverse impact on health, safety, and welfare of persons owning, residing, or occupying property in the surrounding area and the public in general;  (5)    whether the circumstance, hardship, or situation to be addressed by the proposed variance is unique, and not applicable generally to other circumstances; (6)    whether the person or entity seeking the variance is otherwise in compliance with all applicable ordinances, regulations and statutes; and, (7)    any other adverse impacts of granting the variance.      NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh has considered all relevant NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh has considered all relevant information presented to it together with the criteria pertaining to the granting of a variance to the City’s noise ordinance and hereby grants such variance to allow construction on Sundays through November 30, 2024 subject to the approval of the specific dates and times for construction by the Department of Public Works.     TO :T O :Honorable Mayor and Members of the Common Council FRO M :FRO M :Justin Gierach, Engineering Division Manager/City Engineer D A TE :D A T E :August 14, 2024 SUB JEC T:SUB JEC T :Res 24-448 Amend CIP and Award Bid for Public Works Contract No. 24-23 to Visu-Sewer for Sanitary Sewer Lining -- Various Locations ($1,132,607.23) B A C KGRO UN DBACKGROUND The purpose of this Project is to restore existing sanitary sewer mains, within the right-of-way, to a water- tight condition by inserting a lining inside the existing pipes. The existing pavements above the sanitary sewers are in good condition and will not require replacement for an extended period of time. This work is located on various streets throughout the City. A N A L Y SI SANALYSIS Engineering staff reviewed one (1) bid, which was lower than the Engineer's Estimate and appears to be in line with previous projects. The low bid was received from Visu-Sewer of Pewaukee, Wisconsin. FI SC A L I M P A CTFISCAL I M P A C T Funding for a portion of the Project is in the Storm Sewer and Sanitary Sewer sections of the Capital Improvement Program (CIP) (Account No. 03210410-6804-04011 / Contract Control/Storm Sewer/Annual - I & I Sanitary Swr Rehab and Account No. 03210410-6802-04011 / Contract Control/Sanitary Sewer/Annual - I & I Sanitary Swr Rehab). Additional funding for the remaining portions of the Storm Sewer and Sanitary Sewer sections of this Project is available from CIP Projects which have come in under budget: $32,159.82 will be transferred from Account No. 03210410-6804-04204 (Contract Control-Storm Sewer- 22-04 Algoma Blvd & Vine Ave Recons) to Account No. 03210410-6804-04011 (Contract Control/Storm Sewer/Annual - I & I Sanitary Swr Rehab). $736,606.34 will be transferred from Account No. 03210410-6802-04204 (Contract Control-Sanitary Sewer-22-04 Algoma Blvd & Vine Ave Recons) to Account No. 03210410-6802-04011 (Contract Control-Sanitary Sewer/Annual - I & I Sanitary Swr Rehab). Following is a summary of the available funds (after the transfers) and the estimated total construction cost, including ancillary costs such as engineering fees, landfill tipping fees, construction materials testing fees, and other construction-related expenses. CIP Section CIP Funds Budgeted/Transferred Estimated Total Construction Cost Storm Sewer $44,461 $43,025 Sanitary Sewer $1,273,059 $1,223,059 Totals $1,317,520 $1,266,085 REC O M M E N D A TI ONRECOMMENDATION I recommend award to the low bidder, Visu-Sewer, in the amount of $1,132,607.23 and amending the CIP. A t t a chment sAttachments RES 24-448 24-23 bid tab 08/14/2024 24-448 RESOLUTION     CARRIED 7-0     PURPOSE: AMEND CIP AND AWARD BID FOR PUBLIC WORKS CONTRACT NO. 24-23 TO VISU-SEWER FOR SANITARY SEWER LINING – VARIOUS LOCATIONS ($1,132,607.23) INITIATED BY : DEPARTMENT OF PUBLIC WORKS         WHEREAS, the City of Oshkosh has heretofore advertised for bids to restore existing sanitary sewer mains, within the right-of-way, to a water-tight condition by inserting a lining inside the existing pipes in the City of Oshkosh; and      WHEREAS, upon the opening and tabulation of bids, the following is the only bid:         VISU-SEWER         W230 N4855 Betker Drive         Pewaukee, WI 53072                         Total Bid:    $1,132,607.23     WHEREAS, this bid meets the minimum specifications and staff has reviewed the bid and recommends its acceptance; and     WHEREAS, the Common Council has adopted the 2024 Capital Improvement Program and Budget, which is on file in the Office of the City Clerk and available for public inspection; and     WHEREAS, it is necessary to amend the 2024 Capital Improvement Program Budget to add additional funding for this purpose. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that the 2024 Capital Improvements Budget, on file in the City Clerk’s Office, is hereby amended as follows: Transfer $32,159.82 from Account No. 03210410-6804-04204 (Contract Control-Storm Sewer-22-04 Algoma Blvd & Vine Ave Recons) to Account No. 03210410-6804-04011 (Contract Control/Storm Sewer/Annual - I & I Sanitary Swr Rehab). Transfer $736,606.34 from Account No. 03210410-6802-04204 (Contract Control-Sanitary Sewer-22-04 Algoma Blvd & Vine Ave Recons) to Account No. 03210410-6802-04011 (Contract Control-Sanitary Sewer/Annual - I & I Sanitary Swr Rehab). BE IT FURTHER RESOLVED that the said bid is hereby accepted and the proper City officials are hereby authorized and directed to enter into an appropriate agreement for the purpose of same, all according to plans, specifications, and bid on file.  Money for this purpose is hereby appropriated from:  Account Nos.  03210410-6804-04011  Contract Control/Storm Sewer/Annual - I & I Sanitary Swr Rehab 03210410-6802-04011  Contract Control/Sanitary Sewer/Annual - I & I Sanitary Swr Rehab   Contract 24-23 - Sanitary Sewer Lining - Various Locations (#9215281) Owner: Oshkosh WI, City of Solicitor: Oshkosh WI, City of Bid Opening: 08/05/2024 11:00 AM CDT Section Title Item Code Item Description UofM Quantity Unit Price Extension Section 1 $1,132,607.23 1050 Mobilization; complete as specified Lump Sum 1.00 $142,448.50 $142,448.50 1100 Removing pavement; complete as specified Square Yards 90.00 $13.53 $1,217.70 1120 Removing concrete and asphalt sidewalk and driveway; complete as specified Square Feet 270.00 $2.75 $742.50 1308 7" concrete pavement removal and replacement; including sawing; pavement ties; dowel bars; bond breaker; integral curb and fine grading; turf restoration; and traffic control; complete as specified Square Yards 150.00 $192.50 $28,875.00 1360 Adjust manholes and inlets; complete as specified Each 3.00 $676.50 $2,029.50 1370A Turf restoration on Catherine Avenue; complete as specified Square Yards 123.10 $14.03 $1,727.09 1370B Turf restoration on Dove Street; complete as specified Square Yards 27.90 $23.38 $652.30 Visu-Sewer W230 N4855 Betker Drive Pewaukee, WI 53072 I:\Engineering\2021 - 2030 Contracts\2024 CONTRACTS\24-23 San Swr Lining\Administrative\Contract Information\24-23 Bid Tab_8-5-24 Page 1 of 8 8/5/2024 Contract 24-23 - Sanitary Sewer Lining - Various Locations (#9215281) Owner: Oshkosh WI, City of Solicitor: Oshkosh WI, City of Bid Opening: 08/05/2024 11:00 AM CDT Section Title Item Code Item Description UofM Quantity Unit Price Extension Visu-Sewer W230 N4855 Betker Drive Pewaukee, WI 53072 1370C Turf restoration on Buchanan Avenue; complete as specified Square Yards 119.10 $14.03 $1,670.97 1500 4" concrete sidewalk with 3" CABC and grading; complete as specified Square Feet 20.00 $51.70 $1,034.00 1510 6" concrete sidewalk/ driveway/ramp with 3" CABC and grading; complete as specified Square Feet 260.00 $33.00 $8,580.00 1540 Curb ramp detectable warning field (natural/ non-painted); complete as specified Square Feet 20.00 $58.30 $1,166.00 1550 No. 4 reinforcing rods - deformed; epoxy-coated; complete as specified Linear Feet 30.00 $5.83 $174.90 1560 Drilled No. 4 sidewalk tie bars - deformed; epoxy- coated; complete as specified Each 8.00 $11.72 $93.76 1700 Sawing existing pavement; complete as specified Linear Feet 100.00 $13.20 $1,320.00 1800 Base aggregate dense; 3/4"; complete as specified Tons 10.00 $24.20 $242.00 I:\Engineering\2021 - 2030 Contracts\2024 CONTRACTS\24-23 San Swr Lining\Administrative\Contract Information\24-23 Bid Tab_8-5-24 Page 2 of 8 8/5/2024 Contract 24-23 - Sanitary Sewer Lining - Various Locations (#9215281) Owner: Oshkosh WI, City of Solicitor: Oshkosh WI, City of Bid Opening: 08/05/2024 11:00 AM CDT Section Title Item Code Item Description UofM Quantity Unit Price Extension Visu-Sewer W230 N4855 Betker Drive Pewaukee, WI 53072 1916 4" asphaltic surface LT with 6" CABC and grading; complete as specified Square Yards 90.00 $102.30 $9,207.00 2191 Furnish and install 12" storm sewer CIPP; complete as specified Linear Feet 451.00 $85.00 $38,335.00 2192 Closed circuit televising; complete as specified Linear Feet 451.00 $5.00 $2,255.00 2508 Furnish; install; maintain; and remove Type D modified inlet protection; complete as specified Each 13.00 $203.50 $2,645.50 2510 Sediment removal - Type D modified inlet protection; complete as specified Each 4.00 $132.00 $528.00 2516 Furnish; install; maintain; and remove stone bag; complete as specified Each 14.00 $33.00 $462.00 2518 Furnish; install; maintain; and remove 12" diameter sediment logs; complete as specified Linear Feet 40.00 $19.80 $792.00 3000 Furnish and install 8" sanitary sewer (relay); complete as specified Linear Feet 20.00 $995.50 $19,910.00 I:\Engineering\2021 - 2030 Contracts\2024 CONTRACTS\24-23 San Swr Lining\Administrative\Contract Information\24-23 Bid Tab_8-5-24 Page 3 of 8 8/5/2024 Contract 24-23 - Sanitary Sewer Lining - Various Locations (#9215281) Owner: Oshkosh WI, City of Solicitor: Oshkosh WI, City of Bid Opening: 08/05/2024 11:00 AM CDT Section Title Item Code Item Description UofM Quantity Unit Price Extension Visu-Sewer W230 N4855 Betker Drive Pewaukee, WI 53072 3002 Furnish and install 10" sanitary sewer (relay); complete as specified Linear Feet 30.00 $929.50 $27,885.00 3006 Furnish and install 15" sanitary sewer (relay); complete as specified Linear Feet 5.00 $2,172.50 $10,862.50 3100 Furnish and install standard sanitary sewer manhole (4' diameter); complete as specified Vertical Feet 4.00 $1,540.00 $6,160.00 3114 Furnish and install sanitary sewer external manhole chimney seal; complete as specified Each 1.00 $863.50 $863.50 3118 Furnish and install sanitary sewer internal manhole chimney seal; complete as specified Each 1.00 $594.00 $594.00 3210 Furnish and install 8" x 6" sanitary sewer factory wyes or tees; complete as specified Each 1.00 $302.50 $302.50 3212 Furnish and install 10" x 6" sanitary sewer factory wyes or tees; complete as specified Each 5.00 $484.00 $2,420.00 I:\Engineering\2021 - 2030 Contracts\2024 CONTRACTS\24-23 San Swr Lining\Administrative\Contract Information\24-23 Bid Tab_8-5-24 Page 4 of 8 8/5/2024 Contract 24-23 - Sanitary Sewer Lining - Various Locations (#9215281) Owner: Oshkosh WI, City of Solicitor: Oshkosh WI, City of Bid Opening: 08/05/2024 11:00 AM CDT Section Title Item Code Item Description UofM Quantity Unit Price Extension Visu-Sewer W230 N4855 Betker Drive Pewaukee, WI 53072 3216 Furnish and install 15" x 6" sanitary sewer factory wyes or tees; complete as specified Each 1.00 $951.50 $951.50 3234 Furnish and install 4"/6" sanitary sewer lateral (relay); complete as specified Linear Feet 35.00 $632.50 $22,137.50 3235 Furnish and install 4"/6" sanitary sewer riser (relay); complete as specified Linear Feet 12.00 $192.50 $2,310.00 3236 Furnish and install sanitary sewer lateral marker balls; complete as specified Each 7.00 $49.50 $346.50 3300 Furnish and install connection to existing 8" sanitary sewer mains; complete as specified Each 6.00 $368.50 $2,211.00 3302 Furnish and install connection to existing 10" sanitary sewer mains; complete as specified Each 10.00 $511.50 $5,115.00 3306 Furnish and install connection to existing 15" sanitary sewer mains; complete as specified Each 2.00 $814.00 $1,628.00 I:\Engineering\2021 - 2030 Contracts\2024 CONTRACTS\24-23 San Swr Lining\Administrative\Contract Information\24-23 Bid Tab_8-5-24 Page 5 of 8 8/5/2024 Contract 24-23 - Sanitary Sewer Lining - Various Locations (#9215281) Owner: Oshkosh WI, City of Solicitor: Oshkosh WI, City of Bid Opening: 08/05/2024 11:00 AM CDT Section Title Item Code Item Description UofM Quantity Unit Price Extension Visu-Sewer W230 N4855 Betker Drive Pewaukee, WI 53072 3330 Furnish and install sanitary sewer concrete collars; complete as specified Each 2.00 $1,908.50 $3,817.00 3700 Closed circuit televising; complete as specified Linear Feet 8,436.00 $5.00 $42,180.00 3701 Lateral launch and setup; complete as specified Each 153.00 $350.00 $53,550.00 3702 Lateral televising; complete as specified Linear Feet 4,720.00 $1.00 $4,720.00 3900 Furnish and install 4"/6" sanitary sewer lateral CIPP; complete as specified Linear Feet 80.00 $44.00 $3,520.00 3901 Furnish and install 8" sanitary sewer CIPP; complete as specified Linear Feet 2,585.00 $45.25 $116,971.25 3902 Furnish and install 10" sanitary sewer CIPP; complete as specified Linear Feet 3,295.00 $47.85 $157,665.75 3903 Furnish and install 12" sanitary sewer CIPP; complete as specified Linear Feet 1,090.00 $79.25 $86,382.50 3904 Furnish and install 15" sanitary sewer CIPP; complete as specified Linear Feet 1,466.00 $84.00 $123,144.00 I:\Engineering\2021 - 2030 Contracts\2024 CONTRACTS\24-23 San Swr Lining\Administrative\Contract Information\24-23 Bid Tab_8-5-24 Page 6 of 8 8/5/2024 Contract 24-23 - Sanitary Sewer Lining - Various Locations (#9215281) Owner: Oshkosh WI, City of Solicitor: Oshkosh WI, City of Bid Opening: 08/05/2024 11:00 AM CDT Section Title Item Code Item Description UofM Quantity Unit Price Extension Visu-Sewer W230 N4855 Betker Drive Pewaukee, WI 53072 3969 Furnish sanitary sewer lateral connection air pressure test; complete as specified Each 153.00 $590.00 $90,270.00 3970 Furnish and install sanitary sewer lateral connection grouting; complete as specified Each 153.00 $10.00 $1,530.00 3980 Furnish and install CIPP sanitary sewer lateral connection liner; complete as specified Each 15.00 $4,400.00 $66,000.00 3981 Furnish and install "Top Hat" sewer lateral connection liner; complete as specified Each 5.00 $4,400.00 $22,000.00 3982 Sanitary sewer intruding lateral connection removal; complete as specified Each 2.00 $500.00 $1,000.00 3985 Furnish air monitoring test; complete as specified Each 2.00 $300.00 $600.00 4002 Furnish and install 6" ductile iron water main (relay) with polywrap; complete as specified Linear Feet 14.00 $473.00 $6,622.00 I:\Engineering\2021 - 2030 Contracts\2024 CONTRACTS\24-23 San Swr Lining\Administrative\Contract Information\24-23 Bid Tab_8-5-24 Page 7 of 8 8/5/2024 Contract 24-23 - Sanitary Sewer Lining - Various Locations (#9215281) Owner: Oshkosh WI, City of Solicitor: Oshkosh WI, City of Bid Opening: 08/05/2024 11:00 AM CDT Section Title Item Code Item Description UofM Quantity Unit Price Extension Visu-Sewer W230 N4855 Betker Drive Pewaukee, WI 53072 4058 Furnish and install connections to existing 6" water main; complete as specified Each 2.00 $643.50 $1,287.00 4236 Furnish and install 6" 45 degree water main bend; complete as specified Each 4.00 $363.00 $1,452.00 Bid Total:$1,132,607.23 I:\Engineering\2021 - 2030 Contracts\2024 CONTRACTS\24-23 San Swr Lining\Administrative\Contract Information\24-23 Bid Tab_8-5-24 Page 8 of 8 8/5/2024 TO :T O :Honorable Mayor and Members of the Common Council FRO M :FRO M :Justin Gierach, Engineering Division Manager/City Engineer D A TE :D A T E :August 14, 2024 SUB JEC T:SUB JEC T :Res 24-449 Amend CIP and Appropriation of Funds for Intergovernmental Agreement with Winnebago County for Reconstruction of CTH "I" (Oregon Street) ($2,676,961.48) B A C KGRO UN DBACKGROUND The Surface Transportation Program -- Urban (STP-U) allocates Federal funds to complete a variety of improvements to Federal aid eligible roadways in urban areas. The objective of the program is to improve the quality of roadways that are Federal aid eligible within the urban areas. Communities are eligible for funding on roadways that are functionally classified as a collector or higher. Funding is allocated to urban area Metropolitan Planning Organizations (MPO's). The MPO's then have the responsibility to recommend roadways projects for program funding. The Oshkosh Area MPO includes the following entities: City of Oshkosh, Winnebago County, Town of Algoma, Town of Black Wolf, Town of Nekimi, Town of Oshkosh, and Town of Vinland. The Oshkosh Area MPO had recommended the CTH "I" (Oregon Street) reconstruction project from just south of West 35th Avenue to Ripple Avenue for funding through the STP-U program for 2024. This construction schedule coincides with the City of Oshkosh sanitary sewer interceptor construction project. Rather than disrupt the area in consecutive construction seasons, the City of Oshkosh and Winnebago County had the two (2) projects combined into a single construction project bid set. This combination of projects results in the lowest total overall costs to the communities, and thus our taxpayers and utility rate payers. The "local share" of the street reconstruction project will be shared 50-50 between Winnebago County and the City of Oshkosh, with the exception of any necessary right-of-way acquisition, which will be the responsibility of Winnebago County. The cost of the sanitary interceptor sewer will be entirely the responsibility of the City of Oshkosh. Common Council (Council) previously approved the intergovernmental agreement with Winnebago County for the reconstruction of CTH "I" (Oregon Street) at the 7/28/20 Council meeting. A N A L Y SI SANALYSIS Bids were opened by the Wisconsin Department of Transportation on March 13, 2024. The low bid of $4,271,990.98 came in from Michels Corporation. The City of Oshkosh's portion will be $2,676,961.48. FI SC A L I M P A CTFISCAL I M P A C T Funding for the Sanitary Sewer work and a portion of the Storm Sewer work of this Project is in the Sanitary Sewer and Storm Water sections of the 2024 Capital Improvement Program (CIP) (Account No. 03210410- 6802-04401 / Contract Control/Sanitary Sewer/24-01 Oregon St San Intrept Swr Con) and Account No. 03210410-6804-04401 / Contract Control/Storm Sewer/24-01 Oregon St San Intrept Swr Con). Additional funding for the remaining storm sewer portion and the paving portion of this Project is available from CIP Projects which have come in under budget: $75,000 will be transferred from Account No. 03210410-6801-04301 (Contract Control-Paving-23-01 Wisconsin St Reconstruction) to Account No. 03210410-6801-04401 (Contract Control/Paving/24-01 Oregon St San Intrept Swr Con). $100,000 will be transferred from Account No. 03210410-6804-04402 (Contract Control-Storm Sewer-24- 02 Waugoo Ave Reconstruction) to Account No. 03210410-6804-04401 (Contract Control/Storm Sewer/24-01 Oregon St San Intrept Swr Con). $200,000 will be transferred from Account No. 03210410-6804-04415 (Contract Control-Storm Sewer-24- 15 Iowa/Mich/5th/7th Recon) to Account No. 03210410-6804-04401 (Contract Control/Storm Sewer/24-01 Oregon St San Intrept Swr Con). Following is a summary of the available funds (after the transfers) and the estimated total construction cost, including ancillary costs such as engineering fees, landfill tipping fees, construction materials testing fees, and other construction-related expenses. CIP Section CIP Funds Budgeted/Transferred Estimated Total Construction Cost Streets $75,000 $53,000 Storm Sewer $300,000 $300,000 Sanitary Sewer $3,582,837 $2,323,961 Totals $3,957,837 $2,676,961 REC O M M E N D A TI ONRECOMMENDATION I recommend amending the CIP. A t t a chment sAttachments RES 24-449 24-01 Intergovernmental Agreement 08/14/2024 24-449 RESOLUTION     CARRIED 7-0     PURPOSE: AMEND CIP AND APPROPRIATION OF FUNDS FOR INTERGOVERNMENTAL AGREEMENT WITH WINNEBAGO COUNTY FOR RECONSTRUCTION OF CTH “I” (OREGON STREET)($2,676,961.48) INITIATED BY : DEPARTMENT OF PUBLIC WORKS         WHEREAS, the City of Oshkosh and Winnebago County are part of the Oshkosh Area Metropolitan Planning Organization (MPO); and     WHEREAS, the Oshkosh Area MPO had recommended the CTH “I” (Oregon Street) reconstruction project from just south of West 35th Avenue to Ripple Avenue for funding through the STP-U program for 2024; and     WHEREAS, the “local share” of the street reconstruction project will be shared 50-50 between Winnebago County and the City of Oshkosh; and      WHEREAS, the City of Oshkosh’s portion of the project will be $2,676,961.48; and     WHEREAS, the Common Council has adopted the 2024 Capital Improvement Program and Budget, which is on file in the Office of the City Clerk and available for public inspection; and     WHEREAS, it is necessary to amend the 2024 Capital Improvement Program Budget to add additional funding for this purpose. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that the 2024 Capital Improvements Budget, on file in the City Clerk’s Office, is hereby amended as follows: Transfer $75,000 from Account No. 03210410-6801-04301 (Contract Control-Paving-23-01 Wisconsin St Reconstruction) to Account No. 03210410-6801-04401 (Contract Control/Paving/24-01 Oregon St San Intrept Swr Con). Transfer $100,000 from Account No. 03210410-6804-04402 (Contract Control-Storm Sewer-24-02 Waugoo Ave Reconstruction) to Account No. 03210410-6804-04401 (Contract Control/Storm Sewer/24-01 Oregon St San Intrept Swr Con). Transfer $200,000 from Account No. 03210410-6804-04415 (Contract Control-Storm Sewer-24-15 Iowa/Mich/5th/7th Recon) to Account No. 03210410-6804-04401 (Contract Control/Storm Sewer/24-01 Oregon St San Intrept Swr Con). BE IT FURTHER RESOLVED that money for the CTH “I” project is hereby appropriated from:  Account Nos.  03210410-6801-04401 Contract Control/Paving/24-01 Oregon St San Intrept Swr Con 03210410-6802-04401 Contract Control/Sanitary Sewer/24-01 Oregon St San Intrept Swr Con 03210410-6804-04401 Contract Control/Storm Sewer/24-01 Oregon St San Intrept Swr Con   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 :August 14, 2024 SUB JEC T:SUB JEC T :Res 24-450 Approve Specific Implementation Plan Amendment for Loading Dock Access at 3300 Medalist Drive (Plan Commission Recommends Approval) B A C KGRO UN DBACKGROUND The subject site consists of an industrial parcel totaling 17.05 acres. The property is located at the southeast corner of Medalist Drive and West 33rd Avenue. Existing structures include an approximate 140,000 square foot manufacturing building, a separate 19,500 square foot office building, three main off- street parking areas, and accessory structures. Four personal storage facility buildings are also being constructed on the site, which were included in a General Development Plan/Specific Implementation Plan approved by Common Council in 2023. The subject site as well as the surrounding area are located in the Aviation Industrial Park and consist of industrial uses. The 2040 Comprehensive Plan recommends industrial land use for the subject property as well as the adjoining parcels. A N A L Y SI SANALYSIS Lakeside Plastics has purchased a building on the site that was formerly used as an office building by Oshkosh Defense (401 West 33rd Avenue) and intends to use it for a mix of office and manufacturing/warehousing. The applicant plans to add a loading dock to the east side of the building along with additional pavement for truck access to the loading dock. A cross-access easement agreement is required as the new paved loading dock access will run through the neighboring property to the north (450 West 33rd Avenue), which is also owned by Lakeside Plastics. The applicant has provided documentation of the required agreement. The applicant is requesting a base standard modification (BSM) to allow reduced side yard setback for the new pavement to 10', where code requires a 20' side setback. Staff does not have concerns with the reduced setback as it is abutting an undevelopable area of the industrial site to the east that is used for stormwater ponds. The applicant is requesting a BSM to allow 0.0 fc lighting level for the vehicle circulation area where code requires a minimum of 0.4 fc for all vehicle circulation areas. According to the applicant, the required lighting is not needed for this area as it is only used for truck maneuvering and the lighting of the trucks will be sufficient for accessing the loading dock. Staff is supportive of the requested BSM as the subject area is isolated from all customer, employee, and pedestrian areas and should not cause safety concerns related to vehicle and pedestrian circulation. 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 $82,000 on the proposed project. REC O M M E N D A TI ONRECOMMENDATION The Plan Commission recommended approval of the requested Specific Implementation Plan Amendment for loading dock access at 3300 Medalist Drive with findings and conditions on August 6, 2024. Please see the attached staff report and meeting minutes for more information. A t t a chment sAttachments RES 24-50 SIP Amend - 3300 Medalist Dr 08/14/2024 24-450 RESOLUTION     CARRIED 7-0     PURPOSE: APPROVE SPECIFIC IMPLEMENTATION PLAN AMENDMENT FOR LOADING DOCK ACCESS AT 3300 MEDALIST DRIVE INITIATED BY : RICHARD J FISHER   PLAN COMMISSION RECOMMENDATION:  Approved         WHEREAS, the Plan Commission finds that the Specific Implementation Plan Amendment for loading dock access at 3300 Medalist Drive, 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 loading dock access at 3300 Medalist Drive, 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. Adequate public infrastructure is or will be available to accommodate the range of uses being proposed for the Planned Development project, including but not limited to public sewer and water and public roads. 3. The proposed Planned Development project will positively contribute to and not detract from the physical appearance and functional arrangement of development in the area. 4. 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 loading dock access at 3300 Medalist Drive:   Cross access agreement for shared driveway access shall be filed with the Winnebago County Register of Deeds. 1. Base Standard Modification (BSM) for reduced side yard setback for new pavement to 10’.2. BSM for reduced lighting level of paved loading dock access to 0.0 fc.3. Except as specifically modified by this Specific Implementation Plan Amendment, the terms and conditions of the original Specific Implementation Plan dated June 13, 2023 (Resolution 23-294) remain in full force and effect. 4.   ITEM: SPECIFIC IMPLEMENTATION PLAN AMENDMENT FOR LOADING DOCK ACCESS AT 3300 MEDALIST DRIVE Plan Commission Meeting of August 6, 2024. GENERAL INFORMATION Applicant: Richard J Fisher Property Owner: Gen2 Holdings LLC Action(s) Requested: The applicant requests approval of Specific Implementation Plan Amendment for loading dock access. Applicable Ordinance Provisions: Planned Development standards are found in Section 30-387 of the Zoning Ordinance. Property Location and Background Information: The subject area involving this request consists of one developed industrial parcel totaling 17.05 acres. The property is located at the southeast corner of Medalist Drive and West 33rd Avenue. Existing structures include an approximate 140,000 square foot manufacturing building, a separate 19,500 square foot office building, three main off-street parking areas, and accessory structures. Four personal storage facility buildings are also being constructed on the site, which were included in a GDP/SIP approved by Common Council in 2023. The subject site as well as the surrounding area are located in the Aviation Industrial Park and consist of industrial uses. The 2040 Comprehensive Plan recommends industrial land use for the subject property as well as the adjoining parcels. Subject Site Existing Land Use Zoning Industrial HI-PD zone change Adjacent Land Use and Zoning Existing Uses Zoning North Industrial Heavy Industrial (HI) South Industrial Heavy Industrial (HI) East Vacant Heavy Industrial (HI) West Industrial Heavy Industrial (HI) Recognized Neighborhood Organizations N/A Comprehensive Plan Comprehensive Plan Land Use Recommendation Land Use 2040 Land Use Recommendation Industrial ANALYSIS Use On June 13, 2023, Common Council approved a General Development Plan and Specific Implementation Plan for construction of four personal storage buildings, in addition to the existing buildings on-site. Lakeside Plastics has purchased a building on the site that was formerly used as an office building occupied by Oshkosh Defense (401 West 33rd Avenue) and intends to use it for a mix of office and manufacturing/warehousing. The proposed use of the building is permitted in the HI district. Site Design The applicant plans to add a loading dock to the east side of the building along with additional pavement for truck access to the loading dock. A cross-access agreement is required as the new paved loading dock access will run through the neighboring property to the north (450 West 33rd Avenue). The applicant has provided documentation of the required easement agreement. The additional pavement will result in 69.5% impervious surface ratio for the site, which will remain under the maximum of 70% for the HI district. The applicant is requesting a base standard modification (BSM) to allow reduced side yard setback for the new pavement to 10’, where code requires a 20’ side setback. According to the applicant, the reduced setback is needed to allow for truck maneuvering to the loading dock. Staff does not have concerns with the reduced setback as it is abutting an undevelopable area of the industrial site to the east that is used for stormwater ponds. Lighting The applicant has provided a photometric plan for the loading dock area which includes wall- mounted fixtures along the loading dock. The plan shows 0.0 fc lighting level for most of the new paved loading dock access. The applicant is requesting a BSM to allow 0.0 fc lighting level for the vehicle circulation area where code requires a minimum of 0.4 fc for all vehicle circulation areas. According to the applicant, the required lighting is not needed for this area as it is only used for truck maneuvering and the lighting of the trucks will be sufficient for accessing the loading dock. Staff is supportive of the requested BSM as the subject area is isolated from all customer, employee, and pedestrian areas and should not cause safety concerns related to vehicle and pedestrian circulation. Signage No signage plans were submitted with this request. Storm Water Management/Utilities The Department of Public Works has noted that plans should indicate that connections will not be in the public right-of-way. Final storm water management plans will be reviewed during the Site Plan Review process. Landscaping An additional 45 paved area landscaping points are required for the added pavement. The provided landscaping plan meets this point requirement. The applicant has provided three arborvitae on the east side of the added pavement and is exceeding overall point requirements for the site to offset the requested BSMs. Design Standards No changes are being proposed to the existing buildings, with the exception of two overhead doors being added to the east side of the subject building (401 West 33rd Avenue). The new overhead doors meet design standards requirements as the alteration is consistent with the existing building design and materials. FINDINGS/RECOMMENDATION/CONDITIONS In its review and recommendation to the Common Council on an application for a Planned Development district, staff recommends the Plan Commission make the following findings based on the criteria established by Chapter 30-387 (C)(6): (a) The proposed Planned Development project is consistent with the overall purpose and intent of this Chapter. (c) The proposed architecture and character of the proposed Planned Development project is compatible with adjacent/nearby development. (d) The proposed Planned Development project will positively contribute to and not detract from the physical appearance and functional arrangement of development in the area. Staff recommends approval of the Specific Implementation Plan Amendment as proposed with the findings listed above and the following conditions: 1. Cross access agreement for shared driveway access shall be filed with the Winnebago County Register of Deeds. 2. Base Standard Modification (BSM) for reduced side yard setback for new pavement to 10’. 3. BSM for reduced lighting level of paved loading dock access to 0.0 fc. 4. Except as specifically modified by this Specific Implementation Plan Amendment, the terms and conditions of the original Specific Implementation Plan dated June 13, 2023 (Resolution 23-294) remain in full force and effect. Plan Commission recommends approval of the proposed Specific Implementation Plan Amendment with the findings and conditions at 3300 Medalist Drive on August 6, 2024. The following is Plan Commission’s discussion on the item. Site Inspections Report: Mr. Kiefer reported visiting the site. Staff report accepted as part of the record. The applicant requests approval of Specific Implementation Plan (SIP) Amendment for loading dock access. Mr. Slusarek presented the items and reviewed the site and surrounding area as well as the land use and zoning classifications in this area. The subject area is an industrial site on the southeast corner of Medalist Drive and West 33rd Avenue. It has industrial buildings as well as storage buildings that are being constructed, which were included in a General Development Plan (GDP)/SIP approved by Common Council in 2023. The northeast building was recently purchased by Lakeside Plastics, and they would like to install a loading dock on the east side of the building along with additional pavement for truck access. They need a base standard modification (BSM) to allow reduced side yard setback for the new pavement to 10’, where code requires a 20’ side setback. They are accessing through neighboring property, and have provided cross access agreements. They are showing additional arborvitae along the reduced setback to buffer neighboring property. Staff does not have concerns with the reduced setback as it is abutting an undevelopable area of the industrial site to the east that is used for stormwater ponds. The applicant is requesting a BSM to allow 0.0 fc lighting level for the vehicle circulation area where code requires a minimum of 0.4 fc for all vehicle circulation areas. Staff is supportive of the requested BSM as the subject area is isolated from all customer, employee, and pedestrian areas and should not cause safety concerns related to vehicle and pedestrian circulation. No changes are being proposed to the existing buildings, with the exception of two overhead doors being added to the east side of the subject building (401 West 33rd Avenue). The new overhead doors meet design standards requirements as the alteration is consistent with the existing building design and materials. Staff recommends approval of the SIP Amendment as proposed with the findings and conditions listed in the staff report. Mr. Kiefer opened up technical questions to staff. Mr. Kiefer opened public comment and asked if the applicant wanted to make any statements. Rick Fischer, with Fischer and Associates Architects, is the applicant for the project. They wanted to keep the existing parking spaces but allow truck maneuvering for the new building and loading dock. Mr. Kiefer asked if any members of the public wished to speak. Michael Cuttill, one of the owners of Lakeside Plastics and Gen2 Holdings LLC, made himself available for questions. Mr. Kiefer closed public comment. There was no closing statement from the applicant. Motion by Davey to adopt the findings and recommendation as stated in the staff report. Seconded by Propp. Mr. Kiefer asked if there was any discussion on the motion. Motion carried 5-0. Sign_______ Staff ________ Date Rec’d ________ City of Oshkosh Planned Development Application For General Development Plan or Specific Implementation Plan **PLEASE TYPE OR PRINT USING BLACK INK** APPLICANT INFORMATION Petitioner: _________________________________________________________________________________ Date: ____________ Petitioner’s Address: ________________________________________ City: ______________________ State: _____ Zip: ________ Telephone #: ( ) _________________ Email: _______________________ Contact preference:  Phone  Email Status of Petitioner (Please Check):  Owner  Representative  Tenant  Prospective Buyer Petitioner’s Signature (required): _______________________________________________________________ Date: ____________ OWNER INFORMATION Owner(s): __________________________________________________________________________________ Date: ____________ Owner(s) Address: __________________________________________ City: ______________________ State: _____ Zip: ________ Telephone #: ( ) _________________ Email: _______________________ Contact preference:  Phone  Email Ownership Status (Please Check):  Individual  Trust  Partnership  Corporation Property Owner Consent: (required) By signature hereon, I/We acknowledge that City officials and/or employees may, in the performance of their functions, enter upon the property to inspect or gather other information necessary to process this application. I also understand that all meeting dates are tentative and may be postponed by the Planning Services Division for incomplete submissions or other administrative reasons. Property Owner’s Signature: ___________________________________________________________________ Date: ____________ TYPE OF REQUEST:  General Development Plan (GDP)  General Development Plan (GDP) Amendment  Specific Implementation Plan (SIP)  Specific Implementation Plan (SIP) Amendment SITE INFORMATION Address/Location of Proposed Project: __________________________________________________________________________ Proposed Project Type: ________________________________________________________________________________________ Estimated Cost: _______________________________________________________________________________________________ Current Use of Property: ________________________________________________________________Zoning: ________________ Land Uses Surrounding Your Site: North: _________________________________________________________________________ South: _________________________________________________________________________ East: _________________________________________________________________________ West: _________________________________________________________________________  It is recommended that the applicant meet with Planning Services staff prior to submittal to discuss the proposal.  Application fees are due at time of submittal. Make check payable to City of Oshkosh.  Please refer to the fee schedule for appropriate fee. FEE IS NON-REFUNDABLE For more information please visit the City’s website at www.ci.oshkosh.wi.us/Community_Development/Planning.htm SUBMIT TO: Dept. of Community Development 215 Church Ave., P.O. Box 1130 Oshkosh, WI 54901 PHONE: (920) 236-5059 W13654 Balsam Lake Road Crivitz WI 54114 920-376-0007 rfisher@fisherandassociatesllc.com x 6/20/24 450 W 33RD AVe Oshkosh WI 54902 920-235-3620 6/20/24 xx 401 W 33rd Ave Manufactureing and vacant land H1 Heavy Industrial H1 Heavy Industrial H1 Heavy Industrial H1 Heavy Industrial H1 Heavy Industrial GEN2 HOLDINGS LLC Jeff Seibold jseibold@lakesideplastics.net Richard J Fisher Page 6 2 SUBMITTAL REQUIREMENTS – Must accompany the application to be complete. (Submit only digital files. Please note at the discretion of Community Development staff may request a hard copy) The following information must be provided in order for the application to be considered complete and able to be scheduled for Plan Commission Review. Please use the checklist below to determine the required information to be submitted at the time of application. If all information below cannot be provided at the time of application, please request a waiver in writing to the Division’s Director or designee.  A General Development Plan (GDP) submittal, per Section 30-387(C)(4), shall include the following items (Submit only digital files. Please note at the discretion of Community Development staff may request a hard copy):  General location map of the subject site depicting:  All lands for which the Planned Development is proposed and other lands within 100 feet of the boundaries of the subject property.  Current zoning of the subject site and abutting properties, and the jurisdiction(s) that maintains that control.  A graphic scale and north arrow.  Generalized site plan showing the pattern or proposed land uses, including:  General size, shape, and arrangement of lots and specific use areas.  Basic street pattern and pattern of internal drives.  General site grading plan showing preliminary road grades.  Basic storm drainage pattern, including proposed on-site stormwater detention.  General location of recreational and open space areas, including designation of any such areas to be classified as common open space.  Statistical data, including:  Minimum lot sizes in the development.  Approximate areas of all lots.  Density/intensity of various parts of the development.  Building coverage.  Landscaping surface area ratio of all land uses.  Expected staging.  Conceptual landscaping plan.  General signage plan.  General outline of property owners association, covenants, easements, and deed restrictions.  A written description of the proposed Planned Development, including:  General project themes and images.  The general mix of dwelling unit types and/or land uses.  Approximate residential densities and nonresidential intensities.  General treatment of natural features.  General relationship to nearby properties and public streets.  General relationship of the project to the Comprehensive Plan or other area plans.  Proposed exceptions from the requirements of the Zoning Ordinance.  Traffic Impact Analysis (TIA), if deemed necessary by the Director of Planning Services, or designee.  A Specific Implementation Plan (SIP) submittal, per Section 30-387(C)(5), shall include the following items. Note that the area included in an SIP may be only a portion of the area included in a previously approved GDP (Submit only digital files. Please note at the discretion of Community Development staff may request a hard copy):  An existing conditions map of the subject site depicting the following:  All lands for which the Planned Development is proposed and other lands within 100 feet of the boundaries of the subject site.  Current zoning of the subject property and all abutting properties, and the jurisdiction(s) that maintains that control.  Existing utilities and recorded easements.  All lot dimensions of the subject site.  A graphic scale and a north arrow.  An SIP map of the proposed site showing at least the following:  Lot layout and the arrangements of buildings.  Public and private roads, driveways, walkw ays, and parking facilities.  Specific treatment and location of recreational and open space areas, including designation of any such areas to be classified as common open space. x x x x x x xx x x x N/A future Page 7 3  Proposed grading plan.  Specific landscaping plan for the subject site, specifying the location, species, and installation size of plantings. The landscaping plans shall include a table summarizing all proposed species.  Architectural plans for any nonresidential buildings, multi-family structures, or building clusters, other than conventional single-family or two-family homes on individual lots, in sufficient detail to indicate the floor area, bulk, and visual character of such buildings.  Engineering plans for all water and sewer systems, stormwater systems, roads, parking areas, an d walkways.  Signage plan for the project, including all project identification signs, concepts for public fixtures and signs, and group development signage themes that may or may not vary from City standards or common practices.  Specific written description of the proposed SIP including:  Specific project themes and images.  Specific mix of dwelling unit types and/or land uses.  Specific residential densities and nonresidential intensities as described by dwelling units per acre, and landscaping surface area ratio and/or other appropriate measures of density and intensity.  Specific treatment of natural features, including parkland.  Specific relationship to nearby properties and public streets.  Statistical data on minimum lot sizes in the development, the precise areas of all development lots and pads; density/intensity of various parts of the development; building coverage, and landscaping surface area ratio of all land uses; proposed staging; and any other plans required by Plan Commission.  A statement of rationale as to why PD zoning is proposed. This statement shall list the standard zoning requirements that, in the applicant’s opinion, would inhibit the development project and the opportunities for community betterment that are available through the proposed PD project.  A complete list of zoning standards that would not be met by the proposed SIP and the location(s) in which such exceptions/base standard modifications would occur.  Phasing schedule, if more than one development phase is intended.  Agreements, bylaws, covenants, and other documents relative to the operational regulations of the development and particularly providing for the permanent preservation and maintenance of common open areas and amenities.  A written description that demonstrates how the SIP is consistent with the approved GDP and any and all differences between the requirements of the approved GDP and the proposed SIP. I hereby certify that to the best of my knowledge all required application materials are included with this application. I am aware that failure to submit the required completed application materials may result in denial or delay of the application request. Applicant’s Signature (required): _________________________________ Date: _____________________ Grading plan update pending x x x N/A future x Page 8 FISHER & ASSOCIATES, LLC Architects/Planners W13654 Balsam Lake Road Crivitz, WI 54114 Ph: 920-376-0007 City of Oshkosh (revised) June 29, 2024 Community Development Department 215 Church Ave Oshkosh, WI 54903 Attention: Community Development Department RE: Planned Development application for 3300 Medalist Drive and 401 W 33rd Ave., City of Oshkosh, WI To whom it may concern: This is a request for and alteration to a previously approved Planned development the is a condominium plat This property is currently an industrial site that has self-storage buildings and two other industrial use buildings. Lakeside Plastics has purchased one of the buildings located at 401 W 33rd Ave. the former use of this building was an office building occupied by Oshkosh Defense. There planned us is a mix of office and manufacturing / warehousing. The proposed alteration is to add a loading dock to the east side of the existing building that is accessed through their existing site. The tenants will be able to access their units any time via a secure gate system. The property is owned by : Marmax Holdings LLC W229 N2512 Duplainville Rd. Waukesha, WI 53188 And GEN2 HOLDINGS LLC 450 W 33RD Ave OSHKOSH, WI 54902 This project is compatible with the other land use’s surrounding property. This property and all abutting properties are zoned H1 heavy industrial with industrial buildings, storm water ponds or outdoor storage of military vehicles. The intensity of use will be low because the vehicles will be an extension of the existing Lakeside plastics operation and the new loading dock will be accessed from the existing lakeside plastics sit and not 33rd Ave. The newly paved area will drain to the existing storm water management system that was engineered for this amount of development on this site. The overall site meets the floor area ratio, paved areas and green space requirements. The zoning standards that are requested to be modified for this project. • We are requesting that the paving setback for the truck maneuvering be reduced from 20’-0” to 10’-0” per the attached plan. This updated plan has been revised to narrow the maneuvering lane to 20’ vs 30’-0” and the edge of paving has been moved away from the property line to 10;-0” If you need additional information, please contact me or the owners’ agent Brian Fisher at 262-613-4015. Sincerely, Richard J. Fisher, A.I.A. Senior Project Architect Page 9 Page 10 SIP AMENDMENT 3300 MEDALIST DR PC: 8.6.2024 OSHKOSH CORP OSHKOSH DEFENSE LLC PO BOX 2566 OSHKOSH WI 54903-2566 MARVEL REAL ESTATE CO LLC AMADA MARVEL INC 3501 MARVEL DR OSHKOSH WI 54902-7115 ARROWHEAD SYSTEMS INC 124 N COLUMBUS ST RANDOLPH WI 53956-1204 ARROWHEAD SYSTEMS INC 124 N COLUMBUS ST RANDOLPH WI 53956-1204 DAHL PROPERTIES LLC PO BOX 2944 OSHKOSH WI 54903-2944 3345 MEDALIST DRIVE LLC 3345 MEDALIST DR OSHKOSH WI 54902-7125 ARDON LLC BADGER MILL SUPPLY 3250 MEDALIST DR OSHKOSH WI 54902-7124 GEN2 HOLDINGS LLC 450 W 33RD AVE OSHKOSH WI 54902-7164 MARMAX HOLDINGS LLC W229N2512 DUPLAINVILLE RD WAUKESHA WI 53186-1004 TOWN OF BLACK WOLF 380 E BLACK WOLF AVE OSHKOSH WI 54902-9139 TOWN OF NEKIMI 3790 PICKETT RD OSHKOSH WI 54904-6208 WINNEBAGO COUNTY AIRPORT 525 W 20TH AVE OSHKOSH WI 54902-6871 Page 11 W 35TH AV W 29TH AV W 33RD AV MEDALIST DR MARVEL DR W WAUKAU AV OREGON ST HUGHES ST Oshkosh Oshkosh City Limit City Limit O s h k o s hOshkoshCity L i m i tCity L i m i t Oshkosh City Oshkosh City LimitLimit OshkoshOshkoshCity LimitCity LimitOshkosh City Limit Oshkosh City Limit Oshkosh City LimitOshkosh City Limit HI HI HI HI-PD HI-PD I I I I-PD SR-5 SR-5 SR-5-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: 7/11/2024 1 in = 600 ft 1 in = 0.11 mi¯3300 MEDALIST DR 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 W 34TH AV MARVEL DR MEDALIST DR W 33RD AV J:\GIS\Planning\Plan Commission Site Plan Map Template\2023 Plan Commission Site Plan Map Template.mxd User: katrinam Prepared by: City of Oshkosh, WI Printing Date: 7/11/2024 1 in = 200 ft 1 in = 0.04 mi¯3300 MEDALIST DR 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 14 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 :August 14, 2024 SUB JEC T:SUB JEC T :Res 24-451 Approve Purchase of Technology Updates from LDV Custom Specialty Vehicles for the Mobile Command & Community Outreach Vehicle for the Police Department ($99,577.00) B A C KGRO UN DBACKGROUND The Common Council allocated $100,000.00 in the 2024 CIP for technology updates to the Police Department's Mobile Command & Community Outreach Vehicle. The vehicle is used for special events and is the department's Incident Command Center for critical incidents. The vehicle is now 10 years old and updates to the vehicle's technologies are necessary to keep them current and working properly. These updates include computer components, monitors, routing systems and surveillance cameras. A N A L Y SI SANALYSIS Police Department staff secured a proposal from the vehicle's manufacturer (LDV Custom Specialty Vehicles) to provide the technology updates. LDV custom built the vehicle for the Police Department and to ensure lifetime customer service/warranty, is the sole vendor that can review, identify and make any modifications to the vehicle. Purchasing has confirmed this purchase qualifies as sole source 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 LDV's technology updates is $99,577.00. The Common Council allocated $100,000.00 in the 2024 CIP for this purchase. This purchase will be charged to A/N# 02240211 7210 15431 (ARPA - Police - Motor Vehicles). 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. 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 LDV Custom Specialty Vehicles, 180 Industrial Drive, Burlington, WI, 53105 in the amount of $99,577.00. A t t a chment sAttachments RES 24-451 08/14/2024 24-451 RESOLUTION     CARRIED 7-0     PURPOSE: APPROVE PURCHASE OF TECHNOLOGY UPDATES FROM LDV CUSTOM SPECIALTY VEHICLES FOR THE MOBILE COMMAND & COMMUNITY OUTREACH VEHICLE FOR THE POLICE DEPARTMENT ($99,577.00) INITIATED BY : PURCHASING DEPARTMENT         WHEREAS, Common Council allocated $100,000.00 in the 2024 operating budget for technology updates to the Police Department’s Mobile Command & Community Outreach Vehicle; and     WHEREAS, section 12-11 of the City’s Municipal Code allows for waiver of formal bidding processes when the purchase is from only one source of supply or when standardization or compatibility is the overriding consideration. 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 the purchase of technology updates with:          LDV CUSTOM SPECIALTY VEHICLES         180 Industrial Drive         Burlington, WI, 53105                                     Total:         $99,577.00   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. 02240211 7210 15431 ARPA - Police - 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 :August 14, 2024 SUB JEC T:SUB JEC T :Res 24-452 Approve Cooperative Purchase of Radios and Components from Motorola Solutions, Inc. for Police Department ($82,360.11) B A C KGRO UN DBACKGROUND At their November 23, 2021, meeting (Resolution 21-583) the Common Council appropriated ARPA funds of $1,889,400.00 to replace police and fire radios planned in the 2022 CIP for specific projects. Since that time, both the Police and Fire Departments have been able to replace and upgrade various necessary radios and components for their systems. The Police Department has identified a need for an additional ten mobile squad radios due to the creation of their one-on-one take-home car program and three additional portable radios for their community service officers (CSO's) and parking control officers (PCO's) inventory. A N A L Y SI SANALYSIS Working with the Police Department, Purchasing identified a National Association of State Procurement Officials (NASPO) cooperative contract with Motorola Solutions, Inc. (Contract Number #505-ENT-O16- SAFETYCOMM-05) to acquire radios meeting the needs noted above. 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 Police and Finance have confirmed there is a fund balance of approximately $83,000.00 in the radio replacement allocation. This cooperative purchase of the radios noted above will have a total fiscal impact of $82,360.11. Utilizing this contract, the city will save approximately 26% ($29,192.55) off list price. Funding for this purchase will be charged to A/N#: 02240211 7212 15131 (Police Radios- ARPA- LOSS REVENUE/CIP- 2021). 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 from Motorola Solutions, Inc. 1309 E. Algonquin Road, Schaumberg, IL, 60196, for $82,360.11. If there are any questions about this purchase, please contact me or Police Chief Dean Smith. A t t a chment sAttachments RES 24-452 08/14/2024 24-452 RESOLUTION     CARRIED 7-0     PURPOSE: APPROVE COOPERATIVE PURCHASE OF RADIOS AND COMPONENTS FROM MOTOROLA SOLUTIONS, INC. FOR POLICE DEPARTMENT ($82,360.11) INITIATED BY : PURCHASING DEPARTMENT         WHEREAS, the Common Council appropriated ARPA funds of $1,889,400.00 to replace police and fire radios planned in the 2022 CIP for specific projects; and      WHEREAS, the Police Department has identified a need for an additional ten mobile squad radios and three additional portable radios; and     WHEREAS, by participating through the State of Wisconsin Cooperative Purchase program, staff was able to obtain a more competitive price for the radios which will be compatible with other law enforcement and fire agencies; 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, Motorola Solutions Inc. holds the State of Wisconsin Department of Administration contract (#505-ENT-O16-SAFETYCOMM-05) for public safety communication equipment.  NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that the proper City officials are hereby authorized and directed pursuant to Section 12-15 of the Oshkosh Municipal Code to purchase the above mentioned radios from:          MOTOROLA SOLUTIONS, INC.         1309 E. Algonquin Road         Schaumberg, IL 60196                     Total:             $82,360.11   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.  02240211 7212 15131  Police Radios- ARPA- LOSS REVENUE/CIP- 2021       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 :August 14, 2024 SUB JEC T:SUB JEC T :Res 24-453 Approve Waiver of Purchasing Requirements for Personal Protective Equipment for the Fire Department B A C KGRO UN DBACKGROUND The Fire Department has identified the need to replace a portion of its personal protective equipment (PPE). The Common Council allocated $166,200.00 in the 2024 CIP for this project. Personal protective equipment is an ensemble intended to protect firefighters from radiant and thermal exposure. PPE must meet standards for safety while allowing for dexterity and comfort. Personal protective equipment is a potentially lifesaving piece of equipment that has mission-critical performance requirements. While the City of Oshkosh Municipal Code requires that all purchases, services, supplies, materials and equipment in excess of $25,000 be competitively bid, due to the specific needs of the department and the implications of life safety, staff believes that the process of utilizing a staff selection and specification committee would be a better approach for this purchase to ensure that the Fire Department's operational needs for personal protective equipment are addressed. A N A L Y SI SANALYSIS Staff recommends the Common Council waive the City's purchasing requirements to enact this approach. Once personal protective equipment has been selected and recommended, Purchasing will review the purchasing options with the vendor to ensure the best price on the specific system is achieved. The final purchase will then be brought forward before the Common Council for approval. FI SC A L I M P A CTFISCAL I M P A C T The Common Council allocated $166,200 in the 2024 CIP for this project. There is no fiscal impact at this time. REC O M M E N D A TI ONRECOMMENDATION We recommend that the Council waive the purchasing requirements of Section 12-10 of the Oshkosh Municipal Code to allow a committee to review and select personal protective equipment that is best suited to the operational needs and budgetary requirements of the Fire Department. Please direct any questions on this matter to Fire Chief Mike Stanley. A t t a chment sAttachments RES 24-453 08/14/2024 24-453 RESOLUTION     CARRIED 7-0     PURPOSE: APPROVE WAIVER OF PURCHASING REQUIREMENTS FOR PERSONAL PROTECTIVE EQUIPMENT FOR THE FIRE DEPARTMENT INITIATED BY : PURCHASING DEPARTMENT         WHEREAS, the City of Oshkosh Municipal Code generally requires that all purchases of services, supplies, materials and equipment in excess of $25,000 be competitively bid unless such purchases meet one of the specific exceptions listed within the Code; and      WHEREAS, the Oshkosh Fire Department desires to purchase personal protective equipment; and     WHEREAS, the Common Council allocated $166,200.00 in the 2024 CIP for this project; and     WHEREAS, while such equipment may be subject to competitive bidding, the Fire Department believes that the process of utilizing a staff selection and specification committee would be the best approach for purchase of personal protective equipment to ensure that the Fire Department’s operational needs for personal protective equipment are addressed. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that the request for waiver of the formal bidding requirements of Section 12-10 of the Oshkosh Municipal Code is hereby approved and the purchasing division is hereby authorized to work with the Fire Department to review and select personal protective equipment that are best suited to the operational needs and budgetary requirements of the Oshkosh Fire Department.   TO :T O :Honorable Mayor and Members of the Common Council FRO M :FRO M :Jon Urben, General Services Manager D A TE :D A T E :August 14, 2024 SUB JEC T:SUB JEC T :Res 24-454 Approve Purchase of Holmatro Extrication Tools from Jefferson Fire & Safety for Fire Department ($49,302.10) B A C KGRO UN DBACKGROUND At their June 25, 2024, meeting (Resolution 24-340), the Common Council allocated an additional $138,225.00 for the purchase of the 2024 Aerial Fire Apparatus. The new truck is expected to be delivered to the Fire Department in August 2024. Fire Department staff have confirmed a portion of these additional funds will be used to outfit the new truck with Holmatro tools and components, which are now standardized on their fire apparatus. A N A L Y SI SANALYSIS Fire Department staff have confirmed Jefferson Fire & Safety is the sole factory authorized source of Holmatro Rescue Equipment for the State of Wisconsin. Fire Department staff secured a proposal from Jefferson Fire & Safety for the Holmatro tools necessary to complete the new fire truck. Purchasing has confirmed this purchase is in accordance with Section 12-11 (sole source/standardization exception) of the Municipal Code. FI SC A L I M P A CTFISCAL I M P A C T The cost for the Holmatro tools and components from Jefferson Fire &Safety is $49,302.10 and will be charged to A/N#: 0323 0230 7210 66001 (Fire- Apparatus- Engines Pmprs). Finance and the Fire Department have confirmed there are sufficient funds in this account for this purchase. 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 Jefferson Fire & Safety, 7620 Donna Drive, Middleton, WI 53562 for the amount of $49,302.10. A t t a chment sAttachments RES 24-454 08/14/2024 24-454 RESOLUTION     CARRIED 7-0     PURPOSE: APPROVE PURCHASE OF HOLMATRO EXTRICATION TOOLS FROM JEFFERSON FIRE & SAFETY FOR FIRE DEPARTMENT ($49,302.10) INITIATED BY : PURCHASING DEPARTMENT         WHEREAS, the Common Council allocated an additional $138,225.00 for the purchase of the 2024 Aerial Fire Apparatus; and      WHEREAS, the new truck is expected to be delivered to the Fire Department in August, 2024 and a portion of these additional funds will be used to outfit the new truck with Holmatro tools and components; and     WHEREAS, purchasing Holmatro equipment would ensure standardization of the tools for fire department personnel; and      WHEREAS, Jefferson Fire & Safety, Inc. is the only factory authorized sales and services distributor for Holmatro rescue equipment in the State of Wisconsin. 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 purchase the new Holmatro Vehicle Extraction unit from:      JEFFERSON FIRE & SAFETY INC.     7620 Donna Drive     Middleton, WI  53562                                      Total:     $49,302.10   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.    0323 0230 7210 66001 Fire- Apparatus- Engines Pmprs     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 :August 14, 2024 SUB JEC T:SUB JEC T :Res 24-455 Approve Cooperative Purchase of Two Dump Truck Chassis from Ewald Automotive Group, LLC for Parks Department ($110,534.50) B A C KGRO UN DBACKGROUND The Common Council allocated $184,000.00 in the 2024 CIP for the purchase of two dump trucks for the Parks Department. The first new dump truck will replace cemetery van Unit 409 and will be used for hauling materials from excavating and other cemetery duties. Unit 409 is an E150 Ford Econoline that was primarily used to transport inmate crew for cemetery duties, which is no longer necessary. The dump truck will be much more efficient and effective for cemetery duties. The second new dump truck will replace dump truck Unit 412 and will be used for snow removal and equipment/material handling for Parks and Landscape Operations. Unit 412 is fueled by CNG and provides inadequate fuel economy and insufficient power performance for operational efficiency. This memo seeks Council approval of the purchase of the two truck chassis' for these dump trucks pursuant to the cooperative purchase exception to our purchasing ordinance. Purchasing will be soliciting a bid for the two truck bodies to be installed onto these chassis in the near future. A N A L Y SI SANALYSIS Purchasing confirmed Ewald Automotive Group, LLC holds a State of Wisconsin cooperative contract (#505ENT-M24-VEHICLES-06) for these vehicles. By using the cooperative contracts for these vehicles, the city will save a total of $14,566.00 (11.64%) off list price and secure these vehicles in 2024 dealer allocations, avoiding additional manufacturer delays. 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 total fiscal impact of these two truck chassis via the State of Wisconsin cooperative contract is $110,534.50. A total of $184,000.00 was allocated for these dump trucks. This purchase will be charged to A/N# 0224 0610 7210 1531 (Motor Vehicles- ARPA-Loss Rev/CIP/2024). The remaining balance will be used to purchase the truck bodies necessary to complete these units. The vehicles being replaced will be disposed of at auction. 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 the vehicles noted above from Ewald Automotive Group, LLC, N48 W36833 E Wisconsin Ave, Oconomowoc, WI 53066, for $110,534.50. If there are any questions about this purchase, please contact me or Parks Director Ray Maurer. A t t a chment sAttachments Res 24-455 08/14/2024 24-455 RESOLUTION                  PURPOSE: APPROVE COOPERATIVE PURCHASES OF TWO DUMP TRUCK CHASSIS FROM EWALD AUTOMOTIVE FOR PARKS DEPARTMENT ($110,534.50) INITIATED BY : PURCHASING DEPARTMENT         WHEREAS, the Common Council allocated funds in the 2024 CIP for the purchase of two dump trucks for the Parks Department; and     WHEREAS, by participating through the State of Wisconsin Cooperative Purchase program, staff was able to obtain a more competitive price; 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 Automotive Group holds the State of Wisconsin cooperative contract (#505ENT-M24-VEHICLES-06) for Ford Vehicles.  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 vehicles from:  EWALD AUTOMOTIVE GROUP, LLC N48 W36833 E Wisconsin Ave Oconomowoc, WI 53066                             Total:             $110,534.50   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.    0224 0610 7210 1531 Motor Vehicles- ARPA-Loss Rev/CIP/2024         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 :August 14, 2024 SUB JEC T:SUB JEC T :Res 24-456 Award Bid to B&P Mechanical Inc. for Seniors Center North Roof Top Unit Replacement for General Services ($49,850.00) B A C KGRO UN DBACKGROUND The Facilities Maintenance Division works closely with our HVAC consultant to regularly monitor, update and prioritize the annual HVAC replacement schedule for our building's HVAC equipment. The 2024 CIP Roofing/HVAC CIP has been allocated $600,000.00. The rooftop unit on the Seniors Center North building is circa 2002 and, due to its age and condition, is well beyond ASHRAE's (American Society of Heating, Refrigerating and Air-Conditioning Engineers) recommended service life of 15 years. As such, this unit is a top priority in the HVAC replacement schedule. The new unit will be more energy efficient, more reliable, and will provide energy savings as new unit efficiencies are required by the International Energy Code v. 2015. The new unit will have modulated cooling capacity, as opposed to the old unit that did not. The new unit will have a full economizer sequence of operations which will take advantage of using fresh air as opposed to mechanical cooling where the old unit did not. These items alone can result in up to 50% savings on energy costs throughout the year in Wisconsin. Fox Valley MEP, Inc. was engaged to provide design services, bid specifications and construction oversight for this project. The new unit is expected to be installed by late October of this year. A N A L Y SI SANALYSIS Working with Fox Valley MEP, Inc. and Facilities Maintenance staff, Purchasing prepared bid specifications for this project. The bid was advertised in the local newspaper and posted on Onvia Demandstar. Bids were due August 1, 2024. The bid tab is attached. The low bid from B&P Mechanical, Inc. met all the minimum bid requirements. FI SC A L I M P A CTFISCAL I M P A C T The fiscal impact of this bid is $49,850.00. This bid, added to Fox Valley MEP, Inc's engineering fee of $8,000.00, brings the total fiscal impact of this project to $57,850.00. This project will be charged to A/N#: 0323 0130 7214 63035 (Buildings & Building Improvements- HVAC/Roofing Replacement Program). The 2024 Roofing/HVAC CIP was allocated $600,000.00 and there are sufficient funds in this account for this purchase. REC O M M E N D A TI ONRECOMMENDATION Purchasing recommends the Common Council award this bid to B&P Mechanical, Inc. for $49,850.00. A t t a chment sAttachments RES 24-456 Bid Tab OSC N RTU 8-14-24 08/14/2024 24-456 RESOLUTION     CARRIED 7-0     PURPOSE: AWARD BID TO B&P MECHANICAL INC. FOR SENIORS CENTER NORTH ROOF TOP UNIT REPLACEMENT FOR GENERAL SERVICES ($49,850.00) INITIATED BY : PURCHASING DEPARTMENT         WHEREAS, the City of Oshkosh has heretofore advertised for bids for Seniors Center North Roof Top Unit Replacement for General Services; and     WHEREAS, upon the opening and tabulation of bids, it appears that the following is the most advantageous bid:         B&P MECHANICAL, INC.         3200 W Highview Dr.         Appleton, WI 54914                         Total Bid:   $49,850.00 NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that the said bid is hereby accepted and the proper City officials are hereby authorized and directed to enter into an appropriate agreement for the purpose of same, all according to plans, specifications, and bid on file.  Money for this purpose is hereby appropriated from:  Acct. No.   0323 0130 7214 63035  Buildings & Building Improvements- HVAC/Roofing Replacement Program     BID TAB ROOF TOP UNIT REPLACEMENT – SENIORS CENTER NORTH THURSDAY AUGUST 1, 2024 10:00 A.M. BIDDER BID PREQUAL BID BOND Mechanical Inc dba Helm Service S84 W18852 Enterprise Dr Muskego WI 53150 $76,241.00 YES YES Southport Engineered Systems LLC 1343 S 27th St Caledonia WI 53108 $60,780.00 YES YES August Winters and Sons Inc 2323 N Roemer Rd Appleton WI 54911 $50,870.00 YES YES B & P Mechanical Inc 3200 W Highview Dr Appleton WI 54914 $49,850.00 YES YES Wisconsin Mechanical Solutions LLC 1045 Indianhead Dr Mosinee WI 54455 $74,999.00 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 :August 14, 2024 SUB JEC T:SUB JEC T :Res 24-457 Award Bid to August Winters and Sons Inc. for Public Museum Boiler Replacement for General Services ($85,282.00) B A C KGRO UN DBACKGROUND The Facilities Maintenance Division works closely with our HVAC consultant to regularly monitor, update and prioritize the annual HVAC replacement schedule for our building's HVAC equipment. The Public Museum has two boilers serving the HVAC system. The Peerless boiler was manufactured and installed in 1994. When the boiler was installed, it was 78% efficient. Per ASHRAE (American Society of Heating, Refrigerating and Air-Conditioning Engineers) and ASME (American Society of Mechanical Engineers), a boiler loses approximately 5% efficiency in its first 10 years of use, and 10% efficiency per subsequent year after the initial 10. As the boiler is currently 30 years old, it is assumed that the operational efficiency of this boiler is approximately 53%. Due to its age and condition, the boiler is well beyond ASHRAE's recommended service life. As such, this unit is a top priority in the HVAC replacement schedule. A new unit will be more energy efficient and will be approximately 88% efficient vs 53%. The actual energy savings are contingent on the weather, but are expected to provide the Museum with substantial utility savings. The new unit will also qualify for rebates from the Focus on Energy program. The City applied for and received a federal Energy Efficiency and Conservation Block Grant (EECBG) equipment voucher that will cover all costs associated with this project. Fox Valley MEP, Inc. was engaged to provide design services, bid specifications and construction oversight for this project. The new unit is expected to be installed by November 2024. A N A L Y SI SANALYSIS Working with Fox Valley MEP, Inc. and Facilities Maintenance staff, Purchasing prepared bid specifications for this project. The bid was advertised in the local newspaper and posted on Onvia Demandstar. Bids were due August 1, 2024. The bid tab is attached. The low bid from August Winters and Sons Inc. met all the minimum bid requirements. FI SC A L I M P A CTFISCAL I M P A C T The fiscal impact of this bid is $85,282.00. This bid, added to Fox Valley MEP, Inc's engineering fee of $6,000.00, brings the total fiscal impact of this project to $91,282.00. This project will be charged to A/N#: 0323 0130 7214 63035 (Buildings & Building Improvements- HVAC/Roofing Replacement Program) and will be reimbursed 100% from the EECBG equipment voucher. REC O M M E N D A TI ONRECOMMENDATION Purchasing recommends the Common Council award this bid to August Winters and Sons Inc. for $85,282.00. A t t a chment sAttachments Res 24-457 Bid Tab OPM Boiler Replacement 8-14-24 08/14/2024 24-457 RESOLUTION                  PURPOSE: AWARD BID TO AUGUST WINTERS AND SONS INC. FOR PUBLIC MUSEUM BOILER REPLACEMENT FOR GENERAL SERVICES ($85,282.00) INITIATED BY : PURCHASING DEPARTMENT         WHEREAS, the City of Oshkosh has heretofore advertised for bids for Public Museum Boiler Replacement for General Services; and      WHEREAS, upon the opening and tabulation of bids, it appears that the following is the most advantageous bid:         AUGUST WINTER & SONS, INC.         2323 N. Roemer Rd         Appleton, WI 54911                         Total Bid:   $85,282.00   NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that the said bid is hereby accepted and the proper City officials are hereby authorized and directed to enter into an appropriate agreement for the purpose of same, all according to plans, specifications, and bid on file.  Money for this purpose is hereby appropriated from:  Acct. No.   0323 0130 7214 63035  Buildings & Building Improvements- HVAC/Roofing Replacement Program     BID TAB BOILER REPLACEMENT – OSHKOSH PUBLIC MUSEUM THURSDAY AUGUST 1, 2024 11:00 A.M. BIDDER BID ADDENDUM 1 OF 1 PREQUAL BID BOND August Winters and Sons Inc 2323 N Roemer Rd Appleton WI 54911 $85,282.00 YES YES YES Wisconsin Mechanical Solutions LLC 1045 Indianhead Dr Mosinee WI 54455 $137,699.00 YES YES YES Mechanical Inc dba Helm Group S84 W18852 Enterprise Dr Muskego WI 53150 $90,690.00 YES YES YES B & P Mechanical Inc 3200 W Highview Dr Appleton WI 54914 $99,475.00 YES YES YES Gartman Mechanical Inc 520 W South Park Ave Oshkosh WI 54902 $89,890.00 YES 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 :August 14, 2024 SUB JEC T:SUB JEC T :Res 24-458 Approve Cooperative Purchase of Cellular Phone Service from T-Mobile for Information Technology Division ($109,500.00 annually) B A C KGRO UN DBACKGROUND Since June 2019, the City has utilized Verizon Wireless under the State of Wisconsin's Cooperative Purchasing program for cellular phone service. After five years, the Information Technology (IT) Division felt it would be prudent to compare our current plan and costs with all the authorized cellular phone provider plans on the State's cooperative purchasing program to ensure we are achieving the best savings possible for this service. A N A L Y SI SANALYSIS IT conducted comparisons of a model "high" month of the City's current cellular phone service usage and other needs against the plan offerings of the State's authorized cellular phone service providers. This analysis concluded the "T-Mobile for Government" plan (NASPO ValuePoint Cooperative Purchasing Contract Master Agreement MA176-1) met all of our service needs and, most importantly, by comparing the past year's Verizon usage against the T-Mobile for Government rates for both service and hardware, was the most cost competitive. With T-Mobile's rates, the City is expected to realize an estimated $34,000 per year savings. 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 Using the City's 2023 cellular phone usage as a sample year and applied to the T-Mobile for Government authorized cellular phone provider plan, the estimated annual fiscal impact of this service will be approximately $109,500. This plan is a month-to-month program with no term commitment. IT expects the plan conversion will take place within the next 8--10 weeks and all phone numbers will remain the same. These services are budgeted annually within each applicable department's telephone accounts (6454). 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 from T-Mobile, 12920 SE 38th St, Bellevue, WA 98006. If there are any questions about this purchase, please contact me or Information Technology Manager Tony Neumann. A t t a chment sAttachments Res 24-458 08/14/2024 24-458 RESOLUTION                  PURPOSE: APPROVE COOPERATIVE PURCHASE OF CELLULAR PHONE SERVICE FROM T-MOBILE FOR INFORMATION TECHNOLOGY DIVISION ($109,500.00 ANNUALLY) INITIATED BY : PURCHASING DEPARTMENT         WHEREAS, the Information Technology (IT) Division is replacing cellular phone service from Verizon to T-Mobile through a cooperative purchase program “T-Mobile for Government”; and      WHEREAS, by participating with T-Mobile for government rates, staff was able to obtain a more competitive rate; 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, T-Mobile holds the State’s Administration contract (#NASPO ValuePoint Cooperative Purchasing Contract Master Agreement MA176-1) for the state’s authorized cellular phone service providers.  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 enter into a month-to-month agreement with the following entity for the provision of cellular phone service:          T-MOBILE         12920 SE 38th St         Bellevue, WA 98006                                               Estimated Annual Total:             $109,500.00   BE IT FURTHER RESOLVED that the proper City officials are hereby authorized and directed to enter into an appropriate agreement for the purpose of same.  Money for the monthly payments will be appropriated from each applicable department’s telephone accounts that end in 6454.   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 :August 14, 2024 SUB JEC T:SUB JEC T :Res 24-459 Approve Amended Special Event - JJetpack Creative to Utilize the Leach Amphitheater for the Valley Vinyl Music Festival, October 12, 2024 A t t a chment sAttachments RES 24-459 Valley Vinyl Music Festival Attachment - Amended 08/13/2024 24-459 RESOLUTION     CARRIED 7-0     PURPOSE: APPROVE AMENDED SPECIAL EVENT - JJETPACK CREATIVE TO UTILIZE THE LEACH AMPHITHEATER FOR THE VALLEY VINYL MUSIC FESTIVAL, OCTOBER 12, 2024 INITIATED BY : CITY ADMINISTRATION         WHEREAS, JJetpack Creative has amended the Special Event Permit application for the Valley Vinyl Music Festival previously scheduled for September 28, 2024, to be held on October 12, 2024; NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that approval is granted to JJetpack Creative (Johnathon Jungwirth) to utilize the Leach Amphitheater on Saturday, October 12, 2024 (event time 3:00 p.m. to 11:00 p.m.), for the Valley Vinyl Music Festival , in accordance ith the municipal code and the attached application, with the following exceptions/conditions: A. $5,000 cash down payment received on/or before August 31, 2024 for approximately 50% estimated extraordinary services fees 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 Police Department Staffing $7,686.24 (preliminary estimate includes dedicated staff hours for 2 CSOs for 2 hrs. each, 12 officers for 7 hrs., and 8 Supervisor hrs.) Fire Department Staffing $1,226.10 (preliminary estimate includes dedicated paramedic crew for 7.5 hrs) Equipment / Vehicle $362.40 (preliminary estimate includes dedicated ambulance for 7.5 hrs.)   TO :T O :Honorable Mayor and Members of the Common Council FRO M :FRO M :Diane Bartlett, City Clerk D A TE :D A T E :August 14, 2024 SUB JEC T:SUB JEC T :Res 24-460 Approve Special Class "B" Licenses A t t a chment sAttachments Res 24-460 08/14/24 24-460 RESOLUTION                  PURPOSE: APPROVE SPECIAL CLASS "B" LICENSES  INITIATED BY : CITY CLERK         WHEREAS, an application and all required documentation for a license has been submitted, fees deposited, and all reviews required by city ordinance have been completed; and   NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that the following licenses be granted subject to satisfaction of such conditions; and subject to the fulfillment of any further conditions imposed by State Statute for issuance of such license:    SPECIAL CLASS "B" LICENSES ORGANIZATION, EVENT NAME, DATE, TIME, LOCATION, AND PERSON IN CHARGE: Winnebago County Fair Association Event Name: Mexican Rodeo August 17, 2024, from 12:00 pm to 11:59 pm Location: Sunnyview Expo / Covered Arena, 500 E County Rd Y, Oshkosh, WI 54901 Person in Charge: Michel J Domke Oshkosh Area Community Foundation Event Name: Greater Valley Mini-open August 22, 2024, from 4:00 pm to 6:00 pm Location: Aquire Restoration, Inc., 2625 S Washburn, Oshkosh, WI 54901 Person in Charge: Ian M Wengle TO :T O :Members of the Common Council FRO M :FRO M :Matt Mugerauer, Mayor D A TE :D A T E :August 14, 2024 SUB JEC T:SUB JEC T :Res 24-461 Remove Diversity, Equity & Inclusion Committee Member (Egal) B A C KGRO UN DBACKGROUND Saida Egal was appointed to the Diversity, Equity & Inclusion (DEI) Committee in June 2022 for a term expiring on May 31, 2025. Ms. Egal has not attended a DEI Committee meeting since March 2023 and has generally not contacted board members or staff, despite numerous attempts to contact Ms. Egal. A N A L Y SI SANALYSIS Vacancies and removal of Board and Commission members are governed by Wisconsin Statutes. Section 17.03 of the Wisconsin Statutes provides that vacancies are caused by death, resignation, removal, or non-residency when residency is a requirement. Section 17.12 of the Wisconsin Statutes provides a method for the removal of an appointed City official, such as a Committee member, by the Common Council. In this case, because the appointment is made by the Council upon recommendation of the Mayor, the Council may remove the person with or without cause. Cause is defined by the Statutes as inefficiency, neglect of duty, official misconduct, or malfeasance in office. Because of Ms. Egal's repeated failure to attend meetings and her failure to respond to inquiries regarding service on the DEI Committee, this behavior qualifies as a neglect of duty, for which removal is warranted. REC O M M E N D A TI ONRECOMMENDATION I recommend that the Common Council remove Saida Egal from the Diversity, Equity & Inclusion Committee. A t t a chment sAttachments Res 24-461 8/14/2024 24-461 RESOLUTION                  PURPOSE: REMOVE DIVERSITY, EQUITY & INCLUSION COMMITTEE MEMBER INITIATED BY : MAYOR MATT MUGERAUER         WHEREAS, Saida Egal was appointed to the Diversity, Equity & Inclusion (DEI) Committee on June 1, 2022 for a term expiring on May 31, 2025; and     WHEREAS, Ms. Egal has not attended any DEI Committee meetings since March 2023 and has generally not contacted committee members or staff, despite numerous attempts to contact Ms. Egal.  NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that Saida Egal is hereby removed from the Diversity, Equity & Inclusion Committee.    TO :T O :Members of the Common Council FRO M :FRO M :Matt Mugerauer, Mayor D A TE :D A T E :August 14, 2024 SUB JEC T:SUB JEC T :Res 24-462 Remove Diversity, Equity & Inclusion Committee Member (Pishler) B A C KGRO UN DBACKGROUND Alex Pishler was appointed to the Diversity, Equity & Inclusion (DEI) Committee in June 2022. His appointment was renewed on May 23, 2023, effective June 1, 2023, for a term expiring on May 31, 2025. Mr. Pishler has not attended a DEI Committee meeting since April 2023 and has generally not contacted board members or staff, despite numerous attempts to contact Mr. Pishler. A N A L Y SI SANALYSIS Vacancies and removal of Board and Commission members are governed by Wisconsin Statutes. Section 17.03 of the Wisconsin Statutes provides that vacancies are caused by death, resignation, removal, or non-residency when residency is a requirement. Section 17.12 of the Wisconsin Statutes provides a method for the removal of an appointed City official, such as a Committee member, by the Common Council. In this case, because the appointment is made by the Council upon recommendation of the Mayor, the Council may remove the person with or without cause. Cause is defined by the Statutes as inefficiency, neglect of duty, official misconduct, or malfeasance in office. Because of Mr. Pishler's repeated failure to attend meetings and his failure to respond to inquiries regarding service on the DEI Committee, this behavior qualifies as a neglect of duty, for which removal is warranted. REC O M M E N D A TI ONRECOMMENDATION I recommend that the Common Council remove Alex Pishler from the Diversity, Equity & Inclusion Committee. A t t a chment sAttachments RES 24-462 8/14/2024 24-462 RESOLUTION     CARRIED 7-0     PURPOSE: REMOVE DIVERSITY, EQUITY & INCLUSION COMMITTEE MEMBER INITIATED BY : MAYOR MATT MUGERAUER         WHEREAS, Alex Pishler was appointed to the Diversity, Equity & Inclusion (DEI) Committee on October 11, 2022; and     WHEREAS, Mr. Pishler's appointment was renewed on May 23, 2023, effective June 1, 2023, for a term expiring on May 31, 2025; and     WHEREAS, Mr. Pishler has not attended any DEI Committee meetings since April 2023 and has generally not contacted committee members or staff, despite numerous attempts to contact Mr. Pishler. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that Alex Pishler is hereby removed from the Diversity, Equity & Inclusion Committee.    TO :T O :Members of the Common Council FRO M :FRO M :Matt Mugerauer, Mayor D A TE :D A T E :August 14, 2024 SUB JEC T:SUB JEC T :Res 24-463 Approve Appointments to the Following Boards and Commissions: Board of Zoning Appeals; Diversity, Equity, and Inclusion (DEI) Committee; Plan Commission; and Sustainability Advisory Board B A C KGRO UN DBACKGROUND In accordance with Section 2-11(I) of the City of Oshkosh Municipal Code, the Mayor shall have the authority to appoint, subject to Council approval, members to the various Boards and Commissions within the City. As vacancies to the City's Boards and Commissions currently exist, the Mayor makes the appointments listed below for consideration by the Common Council. REC O M M E N D A TI ONRECOMMENDATION The Mayor recommends that the Common Council approve the appointment listed below: B oa r d of Z oning A p p e a lsBoard of Z o ning A p p e a ls Devin Heinz, appointed to Alternate 1, effective 8/15/2024, term expiring 5/31/2025 D ive r s it y, Eq uit y , a nd I nclus ion C ommit t e eDiversity, Eq uit y , a nd I nclus io n C o mm it t e e Amanda Kramp, moving from Alternate 2 to Seat 1, effective 8/15/2024, term expiring 5/31/2026 Elizabeth Swartz, appointed to Seat 3, effective 8/15/2024, term expiring 5/31/2025 Lisa Knaack, appointed to Alternate 1, effective 8/15/2024, term expiring 5/31/2025 Pla n C ommis s ionPlan C o mm is s io n Joshua Belville, appointed to Seat 1, effective 8/15/2024, term expiring 5/31/2027 Sus t a ina b ilit y A d vis ory B oa rdSustainability A d vis or y B o a r d Jaden Zurn, appointed to Alternate 1, effective 8/15/2024, term expiring 5/31/2025 A t t a chment sAttachments RES 24-463 Board of Zoning Appeals_Heinz DEI Committee_Knaack DEI Committee_Swartz Plan Commission_Belville SAB_Zurn 8/14/2024 24-463 RESOLUTION     CARRIED 7-0     PURPOSE: APPROVE APPOINTMENTS TO THE FOLLOWING BOARDS AND COMMISSIONS: BOARD OF ZONING APPEALS DIVERSITY, EQUITY, AND INCLUSION (DEI) COMMITTEE PLAN COMMISSION SUSTAINABILITY ADVISORY BOARD INITIATED BY : MAYOR MATT MUGERAUER         WHEREAS, in accordance with Section 2-11(I) of the City of Oshkosh Municipal Code, the Mayor shall have the authority to appoint, subject to Council approval, members to the various Boards and Commissions within the City. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that the appointments to the various boards and commissions are made by Mayor Matt Mugerauer, as listed below, and are hereby approved: Board of Zoning Appeals Devin Heinz, appointed to Alternate 1, effective 8/15/2024, term expiring 5/31/2025 Diversity, Equity, and Inclusion (DEI) Committee Amanda Kramp, moving from Alternate 2 to Seat 1, effective 8/15/2024, term expiring 5/31/2026 Elizabeth Swartz, appointed to Seat 3, effective 8/15/2024, term expiring 5/31/2025 Lisa Knaack, appointed to Alternate 1, effective 8/15/2024, term expiring 5/31/2025 Plan Commission Joshua Belville, appointed to Seat 1, effective 8/15/2024, term expiring 5/31/2027 Sustainability Advisory Board Jaden Zurn, appointed to Alternate 1, effective 8/15/2024, term expiring 5/31/2025   1 Zuercher, Kami From:City of Oshkosh Board/Commission Background Questionnaire <DoNotReply@oshkoshwi.gov> Sent:Tuesday, July 30, 2024 9:14 PM To:Zuercher, Kami Subject:City of Oshkosh Board/Commission Background Questionnaire City of Oshkosh Board/Commission Background Questionnaire Date:7/30/2024 9:14:12 PM Board/Commission Board of Zoning Appeals (Alternate 1) Name (Last, First, Middle) Address City State Zip Devin Heinz 208 Osceola St. #470 Oshkosh, Wisconsin 54901 Employer Occupation: University of Wisconsin Oshkosh Undergraduate Student 18 Years of Age or Older Yes Home Phone (920) 420-9566 Business Phone (920) 420-9566 Email Address Heinzd96@uwosh.edu Cell Phone Currently reside/live within the Oshkosh City Limits? Yes Number of Years: 8 Education: University of Wisconsin Oshkosh 12/2024 Major: Political Science Minors: Civic Engagement and Law & Policy Do you have any relatives in the service of any department of the City of Oshkosh? (Yes/No): No List name, department and relationship: N/A List any potential conflicts of interest: N/A List City boards, commissions or committees on which you have served: Years: Board of Review 1 2 What previous education, experience, training, or other special qualification from your background do you feel qualifies you for the position(s) you are interested in? I have been in several leadership roles that I believe have prepared me to effectively serve on the Board of Zoning Appeals. My two years in student government at UW Oshkosh (UWO) has given me experience in representing ~9,000 students. My greatest accomplishment in this position was rebooting the Titan Discount Program which partners with businesses both big and small to alleviate some of the peripheral costs of attending UWO. Another experience that I believe prepares me to serve is my time on the Board of Review. While I was an alternate member, I was called upon to vote in most of the appeals brought before the board due to scheduling conflicts for other members. If selected, how would you work towards bettering the community through service on the Board/Commission? It is my intention to serve on the Board of Zoning Appeals by being an alternate member that attends meetings and is ready to serve as a voting member at any given moment. Much like my time on the Board of Review, I will learn as much as I can as quickly as I can in order to be a positive contribution during meetings. 1 Zuercher, Kami From:City of Oshkosh Board/Commission Background Questionnaire <DoNotReply@oshkoshwi.gov> Sent:Thursday, May 16, 2024 4:34 PM To:Zuercher, Kami Subject:City of Oshkosh Board/Commission Background Questionnaire City of Oshkosh Board/Commission Background Questionnaire Date:5/16/2024 4:34:25 PM Board/Commission DEI COMMITTEE Name (Last, First, Middle) Address City State Zip Lisa J Knaack 411 Hawk St Oshkosh WI 54902 Employer Occupation: Capital Credit Union Member service rep/lender 18 Years of Age or Older Yes Home Phone (920)379-9638 Business Phone (920)494-4541 Email Address lisam2904@gmail.com Cell Phone (920)379-9638 Currently reside/live within the Oshkosh City Limits? Yes Number of Years: 33 Education: HS graduate, 2yrs of college at UW-O Do you have any relatives in the service of any department of the City of Oshkosh? (Yes/No): No List name, department and relationship: List any potential conflicts of interest: List City boards, commissions or committees on which you have served: Years: What previous education, experience, training, or other special qualification from your background I served 2 yrs as co-chair of the Prism DEI group at Capital Credit Union, which was the launching of the network resource group 2 do you feel qualifies you for the position(s) you are interested in? to make our credit union more inclusive to lgbtq+ employees, families & allies. If selected, how would you work towards bettering the community through service on the Board/Commission? Working with other board members to come up with & implement ideas to make Oshkosh more inclusive. 1 Zuercher, Kami From:City of Oshkosh Board/Commission Background Questionnaire <DoNotReply@oshkoshwi.gov> Sent:Tuesday, July 23, 2024 9:47 PM To:Zuercher, Kami Subject:City of Oshkosh Board/Commission Background Questionnaire City of Oshkosh Board/Commission Background Questionnaire Date:7/23/2024 9:47:14 PM Board/Commission Diversity, Equity and Inclusion Name (Last, First, Middle) Address City State Zip Elizabeth Swartz 1740 Lombard ave Oshkosh, WI 54902 Employer Occupation: Day by Day Shelter Lead Advocate 18 Years of Age or Older Yes Home Phone (715)703-8115 Business Phone (715)703-8115 Email Address eswartz16@outlook.com Cell Phone (715)703-8115 Currently reside/live within the Oshkosh City Limits? Yes Number of Years: 5 Education: UW-Oshkosh - Sociology (3 years) Do you have any relatives in the service of any department of the City of Oshkosh? (Yes/No): No List name, department and relationship: List any potential conflicts of interest: List City boards, commissions or committees on which you have served: Years: What previous education, experience, training, or other special qualification from your background While studying sociology at UW-Oshkosh, I worked as a counselor at the Central Boarding Academy with high school students from both China and South Korea for three years. I 2 do you feel qualifies you for the position(s) you are interested in? have now been working full time at Day by Day Shelter as an advocate for the homeless community in Oshkosh for the past two years. I work directly with the community’s most diverse and often times underserved members. I recently completed the Emotionial CPR training at Solutions Recovery center. I have also completed numerous Ryan Dowd trainings, as well as being certified in QPR. If selected, how would you work towards bettering the community through service on the Board/Commission? As someone who has worked directly with some of Oshkosh’s most diverse populations for the last five years, I would like to make sure that their voices are represented. Both my education and real life experiences could be valuable to the committee. 1 Zuercher, Kami From:City of Oshkosh Board/Commission Background Questionnaire <DoNotReply@oshkoshwi.gov> Sent:Sunday, August 4, 2024 8:26 PM To:Zuercher, Kami Subject:City of Oshkosh Board/Commission Background Questionnaire City of Oshkosh Board/Commission Background Questionnaire Date:8/4/2024 8:26:19 PM Board/Commission Plan Commission Name (Last, First, Middle) Address City State Zip Joshua Belville 721 Washington Ave Oshkosh, WI 54901 Employer Occupation: Belville & Associates Chiropractic Clinic Doctor of Chiropractic 18 Years of Age or Older Yes Home Phone (920) 527-9508 Business Phone (920) 230-2525 Email Address jbelville15@gmail.com Cell Phone Currently reside/live within the Oshkosh City Limits? Yes Number of Years: 7 Education: Augustana University, Sioux Falls, SD - Bachelor of Arts in Psychology Palmer College of Chiropractic, Davenport, IA - Doctor of Chiropractic Do you have any relatives in the service of any department of the City of Oshkosh? (Yes/No): No List name, department and relationship: List any potential conflicts of interest: List City boards, commissions or committees on which you have served: Years: 2 What previous education, experience, training, or other special qualification from your background do you feel qualifies you for the position(s) you are interested in? My lifelong background in leadership and community involvement positions me uniquely to contribute effectively to the city of Oshkosh. Having been deeply engaged with our community and understanding its unique needs and opportunities, I bring a seasoned perspective and a commitment to enhancing our city. This experience and my passion for development equip me to drive meaningful improvements and inspire positive change in Oshkosh. My journey began in Oshkosh, where I was born and raised. My educational background includes a mix of private and public schooling, culminating in my graduation from Oshkosh West High School. Here, I honed my leadership skills as a three-sport athlete and member of the state championship basketball team. Furthering my education, I attended Augustana University in Sioux Falls, South Dakota, where I earned a Bachelor's Degree in Psychology. My time at Augustana was marked by active participation in leadership roles. As the Augustana Men’s Soccer Club president, I managed a diverse team, organized practices, meetings, and travel, and collaborated with the student government for funding. Additionally, my role as co-governor of the Union Board of Governors saw me manage a significant budget and coordinate numerous campus events, enriching the student experience. My commitment to community service was further demonstrated through an internship at Children's Inn, where I provided direct support to domestic violence and sexual assault victims, reinforcing my dedication to helping those in need. After Augustana, I pursued a Doctorate at Palmer College of Chiropractic in Davenport, Iowa. This period enhanced my problem-solving and listening skills through academic and extracurricular activities, including participation in chiropractic clubs and conferences. Returning to Oshkosh, I joined my family's chiropractic practice, leveraging their 40 years of experience to further my professional development. My dedication to community involvement continued as I joined the Oshkosh Civility Project's Core Team, wrote for the Oshkosh Northwestern, became a board member for Growing Oshkosh, and engaged with Propel and Leadership Oshkosh. These roles allowed me to contribute to various community projects and initiatives, furthering my commitment to civic engagement. My leadership extended to the Oshkosh Elks Club #292, where I have been an active member since 2020, participating in community investment programs. My passion for basketball also led me to coach the girl's varsity team at Valley Christian School, achieving record success and fostering leadership in young women. Lastly, I’m currently serving a second term as a Supervisor on the Winnebago County Board, representing District 19. These experiences in education, professional development, community service, and leadership uniquely qualify me for the Plan Commission. My background has equipped me with the necessary skills, knowledge, and commitment to make meaningful contributions to the City of Oshkosh. 3 If selected, how would you work towards bettering the community through service on the Board/Commission? I’ve spent most of my life in Oshkosh, where I’ve witnessed its growth and change over the years. However, I’ve also had the chance to explore and live in other major cities, experiencing their diverse architectural styles, vibrant art scenes, and advanced infrastructure firsthand. These experiences exposed me to captivating design elements and urban innovations that enriched the lives of residents and inspired me deeply. I envision Oshkosh one day being adorned with similar gems, enhancing our community with a sense of beauty and inspiration. Joining the Plan Commission presents a valuable opportunity to shape our city's future. My focus would be on incorporating community input and maintaining high design standards to create the infrastructure that meets residents' needs and enhances their quality of life. I would also focus on environmental considerations to ensure that projects enhance our natural surroundings and contribute to the city's overall beauty. This includes green spaces and the integration of well- designed buildings, parks, roads, and sidewalks. My approach is to improve the urban environment in a balanced and practical way. Additionally, I would maintain transparency by keeping clear records of the commission’s decisions and activities, fostering accountability and public trust. My goal is to guide thoughtful, sustainable growth that reflects our community's aspirations and preserves its unique character. 1 Zuercher, Kami From:City of Oshkosh Board/Commission Background Questionnaire <DoNotReply@ci.oshkosh.wi.us> Sent:Tuesday, December 26, 2023 2:43 PM To:Zuercher, Kami Subject:City of Oshkosh Board/Commission Background Questionnaire City of Oshkosh Board/Commission Background Questionnaire Date:12/26/2023 2:43:11 PM Board/Commission Sustainability Advisory Board Name (Last, First, Middle) Address City State Zip Jaden Zurn 3709 Summerset Way Apt. 4 Oshkosh WI, 54901 Employer Occupation: 18 Years of Age or Older Yes Home Phone (262)488-3727 Business Phone (262)488-3727 Email Address Cell Phone Currently reside/live within the Oshkosh City Limits? Yes Number of Years: 6 Education: B.S. in Environmental Studies, Political Science Minor Do you have any relatives in the service of any department of the City of Oshkosh? (Yes/No): No List name, department and relationship: List any potential conflicts of interest: None, as far as I am aware. List City boards, commissions or committees on which you have served: Years: What previous education, experience, training, or other special qualification from your background Professional Experience UW-OSHKOSH (UWO) SUSTAINABILITY INSTITUTE | SIRT Research and Operations Intern / Volunteer, Feb 2022 – Present • Generate detailed reports using campus- 2 do you feel qualifies you for the position(s) you are interested in? wide data to help identify areas requiring sustainable development • Collaboratively developed UWO Heating Plant & Infrastructure Proposal to identify sustainable heating solutions. Acted as a liaison, coordinating with stakeholders, consultants, and teams. Performed comprehensive benchmarking, cost- analysis, and risk assessments. Synthesized data on economic, social, and environmental impacts, culminating in a detailed report for administrative evaluation. • Conducted UW-Oshkosh utilities analyses, assessing data across waste, transportation, fuel, and water usage. Compiled and transformed data into actionable metrics, and ensuring sustainability framework compliance. Developed tools to streamline future data analyses. WERNER ELECTRIC SUPPLY | IT Systems Analyst, 2018 – 2021 • Investigated and analyzed sociotechnical systems and processes to identify improvement opportunities • Clearly and quantitatively defined current state problems and developed plan to future state • Identified, budgeted, and implemented sustainable improvement projects within IT and throughout the company • Created actionable and digestible baseline departmental performance metrics throughout company • $750,000 in combined DMAIC project hard savings; developed tools to minimize waste and optimize procurement Organizations & Involvement • Green Fund Member at UWO | 2021 – 2023 Reviewed student proposals and granted funds for student-led sustainability projects within the UWO community • Oshkosh Student Association Sustainability Director | 2022 – 2023 Voice of environmental, social, and economic sustainability on behalf of student body to the chancellor and administration • Climate Action Committee Representative at UWO | 2021 – 2023 Planned and helped analyze methods to achieve UWO’s climate neutrality goals through operational improvements • Provost Summit Panelist on the topic of climate anxiety | 2022 Prepared and gave a speech to hundreds of compassionate students and faculty about eco-anxiety and eco-grief Education Relevant coursework: American Govt. & Politics, Environmental (Env.) Law, Env. Policy, Env. Toxicology, Env. Humanities, American Env. History, Global Env. History, Env. Science, Env. Ethics, Global Env. Politics, Env. & Society, Sustainable Agriculture, Social Stratification, Health Psychology. If selected, how would you work towards bettering the community through service on the Board/Commission? If selected for the Sustainability Advisory Board, I would leverage my experience in both academic and professional spheres to promote sustainable development in Oshkosh. My background as a Green Fund Member and Sustainability Director at UWO has equipped me with a keen understanding of sustainable project funding and advocacy. These roles, coupled with my academic focus on Environmental Law, Policy, and Ethics, have prepared me to approach sustainability challenges with a holistic and informed perspective. Professionally, my experience at the UW-Oshkosh Sustainability Institute and Werner Electric Supply has honed my skills in data analysis, operational improvements, and implementing sustainable 3 practices. I plan to apply these skills to drive data-backed decisions and innovative solutions that balance economic growth, social equity, and environmental stewardship. In essence, my goal on the Board is to contribute to a sustainable Oshkosh through collaborative efforts, informed policymaking, and strategic improvements that benefit our community now and in the future. 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 :August 14, 2024 SUB JEC T:SUB JEC T :Ord 24-464 Approve Zone Change from Central Mixed-Use District with Riverfront Overlay (CMU-RFO) to Central Mixed-Use District with Riverfront and Planned Development Overlay (CMU-RFO-PD) at 400 City Center (Plan Commission Recommends Approval) B A C KGRO UN DBACKGROUND The subject site consists of the City Center shopping center building, located at the southeast corner of Jackson Street and Division Street. The City Center building is enveloped by a 16.5-acre condo parcel. The surrounding parent parcel has four street frontages as well as frontage on the Riverwalk. The site was constructed in 1970 and has several commercial and institutional users, and the surrounding area consists primarily of commercial uses. The 2040 Comprehensive Land Use Plan recommends Center City use for the subject site. A N A L Y SI SANALYSIS The applicant is requesting a zone change from the existing Central Mixed-Use District with Riverfront Overlay (CMU-RFO) designation to Central Mixed-Use District with Riverfront and Planned Development Overlay (CMU-RFO-PD) for the subject property. The requested Planned Development Overlay designation is intended to allow for flexibility in the zoning ordinance to accommodate a new use on the property. The applicant has submitted plans for a personal storage facility, which will be addressed as a General Development Plan (GDP) and Specific Implementation Plan (SIP) at the Common Council meeting on August 14, 2024. 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 will provide flexibility for future development or redevelopment plans as it relates to the unique lot configuration with four street frontages. The proposed CMU-RFO-PD zoning designation is also consistent with the 2040 Comprehensive Land Use Plan recommendation (Center City) as well as the neighboring commercial land uses. REC O M M E N D A TI ONRECOMMENDATION The Plan Commission recommended approval of the requested zone change for the property located at 400 City Center with findings on July 16, 2024. Please see the attached staff report and meeting minutes for more information. A t t a chment sAttachments ORD 24-464 Rezone - 400 City Center 8/14/2024 24-464 ORDINANCE   SECOND READING     7/23/2024 24-438 ORDINANCE   FIRST READING     LAID OVER 6-1 PRESENT     PURPOSE: APPROVE ZONE CHANGE FROM CENTRAL MIXED-USE DISTRICT WITH RIVERFRONT OVERLAY (CMU-RFO) TO CENTRAL MIXED-USE DISTRICT WITH RIVERFRONT AND PLANNED DEVELOPMENT OVERLAY (CMU-RFO-PD) FOR PROPERTY AT 400 CITY CENTER INITIATED BY : CITY CENTER ASSOCIATES LLC   PLAN COMMISSION RECOMMENDATION: Approved A GENERAL ORDINANCE OF THE CITY OF OSHKOSH AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF OSHKOSH, AS ADOPTED BY SECTION 30-32 OF THE OSHKOSH MUNICIPAL CODE. The Common Council of the City of Oshkosh does ordain as follows:     SECTION 1. That the Official Zoning Map of the City of Oshkosh, as adopted by Section 30-32 of the Oshkosh Municipal Code, is hereby amended by changing the district of the property located at 400 City Center from Central Mixed-Use District with Riverfront Overlay (CMU-RFO) to Central Mixed-Use District with a Riverfront and Planned Development Overlay (CMU-RFO-PD).  The subject property, 400 City Center, is more particularly described as follows: BEING UNIT 2 OF CITY CENTER CONDOMINIUM AS RECORDED IN DOCUMENT NUMBER 1312826, WINNEBAGO COUNTY REGISTER OF DEEDS, LOCATED IN THE NORTHWEST ¼ OF THE SOUTHWEST ¼ OF SECTION 24, TOWNSHIP 18 NORTH, RANGE 16 EAST, CITY OF OSHKOSH, WINNEBAGO COUNTY, WISCONSIN.     SECTION 2. This Ordinance shall be in full force and effect from and after its passage and publication.     SECTION 3. Publication Notice. Please take notice that the City of Oshkosh enacted Ordinance #24-464 APPROVE ZONE CHANGE FROM CENTRAL MIXED-USE DISTRICT WITH A RIVERFRONT OVERLAY (CMU-RFO) TO CENTRAL MIXED-USE DISTRICT WITH A RIVERFRONT AND PLANNED DEVELOPMENT OVERLAY (CMU-RFO-PD) on August 14, 2024. This ordinance changes the zoning of the properties located at 400 City Center from Central Mixed-Use District with a Riverfront Overlay (CMU-RFO) to Central Mixed-Use District with a Riverfront and Planned Development Overlay (CMU-RFO-PD). The full text of the Ordinance may be obtained at the Office of the City Clerk, 215 Church Avenue and on the City's website at www.oshkoshwi.gov. Clerk's phone: (920) 236-5011. ITEM: PUBLIC HEARING: ZONE CHANGE FROM CENTRAL MIXED-USE DISTRICT WITH RIVERFRONT OVERLAY (CMU-RFO) TO CENTRAL MIXED-USE DISTRICT WITH RIVERFRONT AND PLANNED DEVELOPMENT OVERLAY (CMU-RFO-PD) FOR PROPERTY AT 400 CITY CENTER Plan Commission Meeting of July 16, 2024. GENERAL INFORMATION Owner/Applicant: City Center Associates LLC Actions Requested: The applicant requests a zone change from the existing Central Mixed-Use District with Riverfront Overlay (CMU-RFO) to Central Mixed Use District with Riverfront and Planned Development Overlay (CMU-RFO-PD). 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 site consists of the City Center shopping center building, located at the southeast corner of Jackson Street and Division Street. The City Center building is enveloped by a 16.5- acre condo parcel. The surrounding parent parcel has four street frontages as well as frontage on the Riverwalk. The site was constructed in 1970 and has several commercial and institutional users and the surrounding area consists primarily of commercial uses. The 2040 Comprehensive Land Use Plan recommends Center City use for the subject site. Subject Site Existing Land Use Zoning Commercial CMU-RFO Recognized Neighborhood Organizations Downtown Oshkosh Neighborhood Association Adjacent Land Use and Zoning Existing Uses Zoning North Commercial CMU/UMU/I South Riverwalk I-PD East Commercial CMU West Mixed Commercial/Residential RMU-PD-RFO Comprehensive Plan Land Use Recommendation Land Use 2040 Comprehensive Land Use Recommendation City Center ANALYSIS The applicant is requesting a zone change from the existing Central Mixed-Use District with Riverfront Overlay (CMU-RFO) designation to Central Mixed Use District with Riverfront and Planned Development Overlay (CMU-RFO-PD) for the subject property. The requested Planned Development Overlay designation is intended to allow for flexibility in the zoning ordinance to accommodate a new use on the property. The applicant has submitted plans for a personal storage facility, which will be addressed as a General Development Plan (GDP) and Specific Implementation Plan (SIP) review to follow. 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 will provide flexibility for future development or redevelopment plans as it relates to the unique lot configuration with four street frontages. The proposed CMU-RFO-PD zoning designation is also consistent with the 2040 Comprehensive Land Use Plan recommendation (Center City) as well as the neighboring commercial land uses. 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): Rezone to CMU-RFO-PD (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 proposed zone change with the findings for property at 400 City Center on July 16, 2024. The following is Plan Commission’s discussion on the item. Site Inspections Report: Mr. Bowen, Ms. Scheuermann, Ms. Propp, Mr. Nichols, and Ms. Davey reported visiting the site. Staff report accepted as part of the record. The applicant requests a zone change from the existing Central Mixed-Use District with Riverfront Overlay (CMU-RFO) to Central Mixed-Use District with Riverfront and Planned Development Overlay (CMU-RFO-PD). 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 applicant is requesting a zone change from the existing Central Mixed-Use District with Riverfront Overlay (CMU-RFO) designation to Central Mixed-Use District with Riverfront and Planned Development Overlay (CMU-RFO-PD) for the subject property. The requested Planned Development Overlay designation is intended to allow for flexibility in the zoning ordinance to accommodate a new use on the property. The applicant has submitted plans for a personal storage facility, which will be addressed as a General Development Plan (GDP) and Specific Implementation Plan (SIP) review to follow. 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 will provide flexibility for future development or redevelopment plans as it relates to the unique lot configuration with four street frontages. Staff recommends approval of the zone change with the findings listed in the staff report. Ms. Propp opened up technical questions to staff. Mr. Bowen and Ms. Scheuermann wanted clarification on findings. Mr. Lyons stated if there is a motion to approve, there must be findings articulated as part of the motion. Findings are basically your specific reasons why you have come to that conclusion. Findings become part of all ordinances and resolutions. Mr. Nichols wondered how the findings are handled by Council. Mr. Lyons stated Council could adopt the findings that Plan Commission recommends, or they could choose to make their own set of findings. Mr. Nichols wanted to know how many housing units are proposed, right now, for the downtown area. Mr. Lyons will research that. Ms. Propp referenced pages that list findings in the staff report. Ms. Lyons stated findings A through J in the zoning ordinance are examples for a planned development as listed in the ordinance. It gives you some criteria, and types of things you can consider. They are by no means the only things you can consider. Mr. Nielsen stated when staff recommends approval on other planned developments, the findings used are applicable to the specific property/development so they vary. Ms. Propp opened the public hearing and asked if the applicant wanted to make any statements. Kurt Koeppler, of 1726 River Mill Road, resident of Oshkosh for fifty years, and one of the managing partners and owners of City Center. We purchased this property in 2001 and at that time it had a seventy-five percent vacancy rate. Since the purchase, we have invested over twelve million dollars in improvements. The project we are bringing you today is a critical part of our property. The market for large office space is virtually non-existent. Due to Covid more people are working from home. This previously was a US Bank back-room office complex. They downsized because most of their people are working from home. We have had the property on the market for two years and have received no interest. We think that Extra Space Storage will be a great fit for our property and the reasons are as follows: they’re a national chain with over thirty-five hundred locations; they have the largest self-storage facility in the country; parking is a problem at our property when we are full; US Bank tenant required two hundred parking stalls and US Bank (maybe meant to say Extra Space Storage) will require four, so it is a significant downsize of our parking requirements enabling us to offer more parking to future and potential tenants. Extra Space Storage operates more as a retail destination. They have limited access with overhead doors with controlled entrances. Customers will drive up, open one of the overhead doors, pull in, close the door behind them, unload, and then exit. There will be no storage outside of any vehicles. No trailers; no semis; everything will be inside. Will average about thirty-five cars a day. That is the normal car load that would be arriving. We have done extensive research on Extra Space Storage and believe they will be a great asset to our property and to the community. Apartment living has become a way of life for many Americans and the need to put their excess items in storage has become a necessity. Extra Space Storage fits that need. I have toured some of their sites. I have even used some of their sites, and they are first rate. They are well lit, safe, clean, and they couldn’t run a better operation. We plan to make improvements to the exterior of the building to facilitate this need. For the sake of clarity, Mr. Koeppler asked staff to put up the elevations on the screen and he then discussed them in detail. This will be a great upgrade for us. I can’t explain how important it is to our site, to let us maintain the current budget plans that we have that allow us to keep it looking as good as it does. Thank you for your time. I want to commend you on the workshop idea. I have been doing this for a lot of years, and have come before the Plan Commission on numerous occasions. I think the workshop is a great addition to what you guys do. Eric Welhouse, of W2646 Buchanan Road in Appleton WI, is an owner of several Extra Space Storage sites, and the developer working with Mr. Koeppler on the City Center location. Will go over some highlights. This facility will be staffed. There will be access hours, which I think were indicated before in the workshop. The typical hours of operation for staffing are from 9:30 a.m. to 6 p.m., Monday through Friday. Saturday is 9 a.m. to 5 p.m. The access hours are 6 a.m. to 10 p.m. So, it is not like it is open 24/7. It should eliminate loitering and keep everybody’s stuff safe. These are Class A storage facilities. It’s really a different product. Most of the time when people hear of self-storage they think of long buildings with multiple doors, and poorly lit. This is completely opposite. There is LED lighting, it is staffed, and hours of operation. Extra Space Storage is the largest self-storage operator in the United States. They know what they are doing and they do it very well. They coexist in multiple urban settings like this throughout the nation. I can give you examples of those if you’d like. Ms. Propp asked if any members of the public wished to speak. Ms. Propp closed the public hearing and public comments. There was no closing statement from the applicant. Motion by Davey to adopt the findings and recommendation as stated in the staff report. Seconded by Scheuermann. Ms. Propp asked if there was any discussion on the motion. Motion carried 5-0. Page 12 Page 13 ZONE CHANGE, GDP & SIP PC: 7.16.2024 Z&V INVESTMENTS LLC 223 N MAIN ST OSHKOSH WI 54901-4814 CLOVER INVESTMENTS WI LLC PO BOX 275 PENNINGTON NJ 08534-0275 ROWLOCK QOZB LLC 3220 SHOREWOOD DR OSHKOSH WI 54901-1643 1 N MAIN LLC 5 REVERE DR STE 200 NORTHBROOK IL 60062-8000 CITY CENTER ASSOC LLC C/O JEFF PAULY 334 CITY CTR OSHKOSH WI 54901-4826 BAYSHORE DEVELOPMENT II LL PO BOX 3435 OSHKOSH WI 54903-3435 IAN JUNGBACKER ETAL 222 PEARL AVE OSHKOSH WI 54901-4834 BL BRANCH GROUP II LLC 120 E WASHINGTON ST STE 201 SYRACUSE NY 13202-4008 OSHKOSH LUXURY LOFTS LLC 2270 NORTH HAVEN LN OSHKOSH WI 54904-9337 WILKINS 145 LLC 2340 GENEVA ST OSHKOSH WI 54901-1804 WR RIDGE HOLDINGS LLC PO BOX 346 WRIGHTSTOWN WI 54180-0346 GILLENS LLC C/O PAUL T WINTER 5042 WASHINGTON ST BUTTE DES MORTS WI 54927-9326 OSH COMM CREDIT UNION 250 PEARL AVE OSHKOSH WI 54901-4834 OMPARAVATI LLC 215 DIVISION ST OSHKOSH WI 54901-4729 303 PEARL ST OFFICE LLC C/O MIDWEST MANAGE II LLC 13435 S MCCALL RD. UNIT 16 PORT CHARLOTTE FL 33981-6421 OSH CHAMBER OF COMMERCE 120 JACKSON ST OSHKOSH WI 54901-4714 PABST LLC 1660 OSHKOSH AVE STE 100 OSHKOSH WI 54902-2613 101 HIGH AVE LLC 101 HIGH AVE OSHKOSH WI 54901-4808 BROWN BELL PROPERTIES LLC 103 HIGH AVE OSHKOSH WI 54901-4808 DOWNTOWN NBHD ASSOC C/O JESSIE MEIDL 903 W 7TH AVE OSHKOSH WI 54902-5854 MIDDLE VILLAGE NBHD ASSOC C/O KATIE LOFTON 1216 MERRITT AVE OSHKOSH WI 54901-5382 MIDDLE VILLAGE NBHD ASSOC C/O DAVID STUBBE 659 CENTRAL ST OSHKOSH WI 54901-4454 Page 16 MERRITT AV BROAD ST WAUGOO AV OTTER AV E PAR KWAY AV COMMERC E ST N EBRASKA ST W PAR KWAY AV DIVISION ST NORTHWESTERN AV GRA ND ST MT VERNON ST HUDSON AV PEARL AV COURT ST CITY CENTER CAMPUS PL CHURCHAV PEARLAV DAWES ST W 5TH AV E 7TH AVIOWA ST MINNESOTA ST BROAD ST IDA AV CHURCH AV NEBRASKA ST RIVERWAY DR MINNESOTA ST IOWA ST W 6TH AV W 10TH AV W 8TH AV W 5T H AV W 7T H AV JEFFERSON ST UNION AV W 7TH AV W 6TH AV W 8TH AV W 10TH AV E 9TH AV E 8TH AV PL EA SA N T S T MA D IS ON S T OXFORD AV E 10TH AV DIVISION ST FRANKL IN ST MARION RD BROADST STATE ST BROAD ST BROAD ST BR O A D S T PIONEER DR N MAIN ST WASHINGTON AV CEAPE AV WISCONSINST JACKSON ST ALGOMA BLVD OREGON ST HIGH AV W 9T H AV S M AIN ST Oshkosh Oshkosh CityCity Limit LimitCMU CMU CMU CMU CMU CM U CMU CMU-PD CMU-PD CMU-PD CMU-PD CMU-PD CMU-PD-RFO CMU-RFO HIIII I I I I I I I I I I I-PD I-PD I-PD I-PD I-PD I-PD I-PD I-PD I-P D I-PD I-PD-RFO I-PD-UTO I-UTO MR-36 MR-36-UTO RMU RMU-PDRMU-PD RMU-PD RMU-PD RMU-PD-RFO RMU-PD-RFO RMU-PD-RFO RMU-RFO TR-10 TR-10 TR-10 TR-10 TR-10 TR-10 TR-10-PDTR-10-PD UI-R FO UMU UMU UMU UMU UMU UMU UMU UMU UMU UMU UMU-PD UM U-PD UMU-PD UMU-PD UM U-PD -U TO UMU-RFO U M U -U T O UMU-UTO 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: 6/24/2024 1 in = 600 ft 1 in = 0.11 mi¯ZONING MAP 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 PEARL AV DIVISION ST CITYCENTER CEAPE AV MA RIO N RD BROWN ST MARKETST C O MMERCE ST ALGOMA BLVD JACKSON ST N MAIN ST BRIDGEOREGON ST HIGH AV N MAIN 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: 6/24/2024 1 in = 200 ft 1 in = 0.04 mi¯AERIAL MAP City of Oshkosh maps and data are intended to be used for general identification purposes only, and the City of Oshkoshassumes no liability for the accuracy of the information. Those using the information are responsible for verifying accuracy. Forfull disclaimer please go to www.ci.oshkosh.wi.us/GISdisclaimer Page 19 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 :August 14, 2024 SUB JEC T:SUB JEC T :Ord 24-465 Approve Request to Attach to the City from Town of Nekimi / Zellner Voluntary Attachment: 3669 Oregon Street B A C KGRO UN DBACKGROUND This is a voluntary attachment of approximately 1.062 acres of privately-owned land and public right-of- way located on the west side of Oregon Street, ¼ mile south of West 35th Avenue in the Town of Nekimi. The subject site contains a single-family home and typical residential accessory structures. The purpose of the attachment is to allow for City sanitary sewer and water main to be connected to the petitioner's house. A N A L Y SI SANALYSIS The property is proposed to be attached with a zoning classification of Single Family Residential-5 (SR-5) District, which is appropriate for the current use of the property. The City's Comprehensive Land Use Plan recommends the subject site, as well as the west side of Oregon Street to the north and south, suitable for industrial uses, however, the existing residential use will remain until market conditions warrant reuse of the property for industrial development. The proposed attachment is compliant with the terms of the intergovernmental agreement between the City and the Town of Nekimi, which has been fully implemented with a Cooperative Plan approved by the State of Wisconsin. The agreement provides for attachments only through unanimous consent of the property owners. Surrounding uses on the east side of Oregon Street are primarily agricultural with associated single-family farmsteads and agricultural accessory buildings. The west side of Oregon Street contains Fox Valley Technical College and Wittman Regional Airport as well as pockets of single-family uses. City sanitary sewer and water main is readily available from Oregon Street and is easily accessible. This stretch of Oregon Street is currently being reconstructed by Winnebago County, and it is an opportune time for the petitioner to connect to City services. Other City services, including police and fire protection and trash collection, will not be an issue as most of the area surrounding the subject site is already within the Oshkosh corporate limits. FI SC A L I M P A CTFISCAL I M P A C T This attachment will add approximately $150,000 in assessed property value to the City. Connection charges will be collected from the petitioner for the original construction of sanitary sewer and water main within Oregon Street. REC O M M E N D A TI ONRECOMMENDATION It appears that the Zellner Voluntary Attachment is in the best interest of the City and Staff recommends approval as requested. A t t a chment sAttachments ORD 24-465 Exhibit A to Ord 24-465 Stamped Zellner Map Stamped Zellner Zoning Petition Zellner Request to Attach 8/14/2024 24-465 ORDINANCE   SECOND READING     7/23/2024 24-439 ORDINANCE   FIRST READING     CARRIED 7-0     PURPOSE: APPROVE REQUEST TO ATTACH TO THE CITY FROM THE TOWN OF NEKIMI / ZELLNER VOLUNTARY ATTACHMENT: 3669 OREGON STREET INITIATED BY : JAMES AND SHEREE ZELLNER   A GENERAL ORDINANCE OF THE CITY OF OSHKOSH ATTACHING CERTAIN TERRITORY TO THE CITY OF OSHKOSH AND SPECIFICALLY TO THE 22nd  WARD OF SAID CITY.     WHEREAS, the City of Oshkosh and Town of Nekimi have adopted a Cooperative Plan as set forth in s. 66.0307, Wis. Stats., and approved by the Wisconsin Department of Administration, that identifies areas within the Town of Nekimi as expansion areas to attach to the City of Oshkosh; and     WHEREAS, a voluntary attachment petition duly circulated has heretofore been signed by the owners of all the real property within such territory to be attached to the City of Oshkosh from the Town of Nekimi; and     WHEREAS, the proposed territory to be attached is located within the designated Expansion Area of the Town of Nekimi to the City of Oshkosh; and     WHEREAS, the property owner has requested temporary and permanent zoning of Single Family Residential-5 (SR-5) District; and     WHEREAS, the Town Clerk for the Town of Nekimi has been provided with written notice regarding the attachment in the time period specified by the approved Cooperative Plan; and     WHEREAS, the Town of Nekimi has not filed an objection to the attachment with the City. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of Oshkosh as follows:     SECTION 1. The following described territory, pursuant to a duly filed voluntary attachment petition is hereby attached to and made part of the City of Oshkosh, a municipal corporation located in Winnebago County, more specifically to the 22ND  Ward of said City and is subject to Wisconsin Statutes and amendments thereto:     Legal Description:  See Exhibit A.     SECTION 2. The current population of the territory to be attached, as defined by Wis. Stat. 66.0201, is two (2).     SECTION 3. The maps of the City of Oshkosh, including those adopted in Sections 1-28 thru 1-30 of the Oshkosh Municipal Code pertaining to Boundaries, Wards, Polls, Benchmarks are hereby amended so as to reflect the provisions of this Ordinance and the proper City officials are hereby authorized and directed to make such changes.     SECTION 4.  The proper City officials are hereby authorized and directed to comply with the requirements of     SECTION 4.  The proper City officials are hereby authorized and directed to comply with the requirements of Section 66.0307(10) including those requirements of 66.0217(9)(a) adopted by reference therein of the Wisconsin Statutes and the City Clerk shall give written notice to the Secretary of Administration.     SECTION 5.  Said property hereinabove described is hereby zoned Single-Family Residential-5 (SR-5).     SECTION 6.  This Ordinance shall be in full force and effect after its passage and publication.     SECTION 7.  Publication Notice.  Please take notice that the City of Oshkosh enacted Ordinance #24-465 APPROVE REQUEST TO ATTACH TO THE CITY FROM THE TOWN OF NEKIMI / ZELLNER VOLUNTARY ATTACHMENT; 3669 OREGON STREET; on August 14, 2024. This ordinance attaches 1.062 acres of privately-owned land and public right-of-way located on the west side of Oregon Street, ¼ mile south of West 35th Avenue in the Town of Nekimi to the City of Oshkosh.  The full text of the Ordinance may be obtained at the office of the City Clerk, 215 Church Ave. and on the City's website at www.oshkoshwi.gov.  Clerk's phone: (920) 236-5011.   EXHIBIT A BEING PART OF THE NORTHEAST ¼ OF THE SOUTHEAST ¼ OF SECTION 2, TOWNSHIP 17 NORTH, RANGE 16 EAST, TOWN OF NEKIMI, WINNEBAGO COUNTY, WISCONSIN, BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT THE EAST QUARTER CORNER OF SAID SECTION 2; THENCE S02°22’05”W, 991.78 FEET ALONG THE EAST LINE OF SAID SECTION 2 TO A POINT ON AN EXTENDED SOUTH LINE OF CERTIFIED SURVEY MAP NUMBER 4546, RECORDED AS DOCUMENT NUMBER 1096211, WINNEBAGO COUNTY REGISTER OF DEEDS AND THE POINT OF BEGINNING; THENCE CONTINUING S02°22’05”W, 331.77 FEET ALONG SAID EAST LINE TO A POINT ON AN EXTENDED NORTH LINE OF SAID CERTIFIED SURVEY MAP; THENCE N89°21’59”W, 57.47 FEET ALONG SAID EXTENDED LINE TO A POINT ON THE WEST LINE OF OREGON STREET; THENCE N02°28’26”E, 132.14 FEET ALONG SAID WEST LINE TO THE NORTHEAST CORNER OF LANDS DESCRIBED IN DOCUMENT NUMBER 716570, WINNEBAGO COUNTY REGISTER OF DEEDS; THENCE N89°29’21”W, 272.80 FEET ALONG THE NORTH LINE OF SAID DESCRIBED LANDS TO A POINT ON AN EAST LINE OF SAID CERTIFIED SURVEY MAP NUMBER 4546; THENCE N02°22’05”E, 100.31 FEET ALONG SAID EAST LINE; THENCE S89°23’37”E, 272.97 FEET TO A POINT ON THE WEST LINE OF SAID OREGON STREET; THENCE N02°28’26”E, 99.86 FEET ALONG SAID WEST LINE TO A SOUTHEAST CORNER OF SAID CERTIFIED SURVEY MAP NUMBER 4546; THENCE S89°17’53”E, 56.85 FEET ALONG AN EXTENDED SOUTH LINE OF SAID CERTIFIED SURVEY MAP TO THE POINT OF BEGINNING; SAID AREA CONTAINS 46,256 SQUARE FEET OR 1.06 ACRES, MORE OR LESS. TO :T O :Honorable Mayor and Members of the Common Council FRO M :FRO M :Mike Stanley, Fire Chief D A TE :D A T E :August 14, 2024 SUB JEC T:SUB JEC T :Ord 24-466 Amend Section 13-7 of the City of Oshkosh Municipal Code Pertaining to Open Outdoor Fires, Outdoor Fireplaces, Cooking Fires, and Barbecue Grills, Kettles, and Outdoor Hibachis to Remove Permitting Requirements B A C KGRO UN DBACKGROUND The mission of the Oshkosh Fire Department is: "The City of Oshkosh Fire Department is a highly trained team that adds value to our community by providing a wide range of emergency services with skill and compassion. We advocate risk reduction through prevention and education and we provide leadership in times of crises." The fire department utilizes the national Community Risk Reduction (CRR) model to reduce risk in our community. This process, known as "The Five Es," relies on Education, Engineering, Enforcement, Emergency Response and Economic Incentives. This model is a foundational piece of our recently completed Community Risk Assessment. A N A L Y SI SANALYSIS Recreational burning permits are a prevention practice that has been successfully implemented by numerous departments in our area, the State of Wisconsin, the Midwest, and Nationally. Fire departments and municipalities have made a deliberate effort to prevent injuries and property loss by utilizing the permitting process. The Oshkosh Fire Department and prior Common Councils found value in implementing a recreational burning permit to promote education and provide an enforcement component with the intent to prevent future emergency responses. While some residents of the City of Oshkosh and many non-residents may not see the value and purpose of recreational permits, those who share the opposite concerns should not be disregarded. The permitting process was put in place at the recommendation of the department's Fire Marshall after he researched solutions to address the numerous complaint calls to our non-emergency number and 911 from neighbors who had legitimate concerns about recreational fires that are too close to buildings, hours of burning, and materials being burned. Before the permitting process was implemented, these complaints also were an opportunity to insert the fire department into disputes between neighbors. Preventive efforts in any application are difficult to quantify and qualify. There is a challenge in attempting to measure something that has not happened. However, over the past four years, the department has seen a very steady rise in its overall number of incident responses. An incident type that has remained static and has not demonstrated the same rate of rise is unauthorized burning which is how these responses are classified by the National Fire Incident Reporting System (NFIRS). I would view that as an indication that the permitting process has had positive results and has shown a benefit. While the fee may be viewed by some as extraneous and unnecessary, it is also routinely associated with the burning permit process in other municipalities. Risk reduction occurs through a commitment of staff and resources. The fee can offset that expense. It is also applied to those that are creating the risk. FI SC A L I M P A CTFISCAL I M P A C T Tragically, in the last several days the Oshkosh Fire Department responded to an incident in a neighboring municipality where gasoline was thrown on a recreational fire. That municipality does not have a recreational burn permitting process. The two victims received 2nd and 3rd-degree burns over large portions of their bodies. It cannot be said with absolute certainty that a burn permit would have prevented this tragedy. However, preventing these types of incidents and injuries is precisely the intent of why the permitting process was implemented. The cumulative sum of $15,000.00 yearly is paltry in comparison to the cost of the medical bills that will be amassed by these burn victims who will likely require lengthy medical care that could include skin grafts. That cost does not account for the pain and suffering of the victims and their families either. REC O M M E N D A TI ONRECOMMENDATION My recommendation as the Fire Chief is that the current permitting process not be altered. I would caution against reversing a practice that was put in place to reduce risk. By doing so the department would suffer a reduction in its ability to educate and would lose an important component of enforcement. A t t a chment sAttachments ORD 24-466 amend outdoor burning ordinance13-7 clean amend outdoor burning ordinance13-7 redline 8/14/2024 24-466 ORDINANCE   SECOND READING     7/23/2024 24-440 ORDINANCE   FIRST READING     LOST 0-7     PURPOSE: AMEND SECTION 13-7 OF THE CITY OF OSHKOSH MUNICIPAL CODE PERTAINING TO OPEN OUTDOOR FIRES, OUTDOOR FIREPLACES, COOKING FIRES AND BARBECUE GRILLS, KETTLES AND OUTDOOR HIBACHIS TO REMOVE PERMITTING REQUIREMENTS INITIATED BY : COUNCIL MEMBER ESSLINGER   A GENERAL ORDINANCE OF THE CITY OF OSHKOSH AMENDING SECTION 13-7 OF THE CITY OF OSHKOSH MUNICIPAL CODE PERTAINING TO OPEN OUTDOOR FIRES, OUTDOOR FIREPLACES, COOKING FIRES AND BARBECUE GRILLS, KETTLES AND OUTDOOR HIBACHIS TO REMOVE PERMITTING REQUIREMENTS     WHEREAS, a majority of the Council directed the creation of an ordinance to remove the permitting and attendant fee requirements from the City’s Municipal Code for outdoor recreational firepits at their meeting on July 9, 2024. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of Oshkosh as follows:     SECTION 1. That Section 13-7 of the City of Oshkosh Municipal Code is amended 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 #24-466 AMEND SECTION 13-7 OF THE CITY OF OSHKOSH MUNICIPAL CODE PERTAINING TO OPEN OUTDOOR FIRES, OUTDOOR FIREPLACES, COOKING FIRES AND BARBECUE GRILLS, KETTLES AND OUTDOOR HIBACHIS TO REMOVE PERMITTING REQUIREMENTS on August 14, 2024.  This ordinance repeals portions of the current ordinance requiring persons to obtain a local permit for outdoor fireplaces, firepits and similar appliances.  Outdoor burning remains regulated as provided by local, state and federal law.   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 13-7 OPEN OUTDOOR FIRES, OUTDOOR FIREPLACES, COOKING FIRES AND BARBEQUE GRILLS, KETTLES, AND OUTDOOR HIBACHIS (A) Except as stated in paragraph (B), below, open outdoor fires, including fires confined within outdoor fireplaces and outdoor cooking fires, shall be prohibited for multifamily occupancies without separate private yards for each tenant; without the property owner’s permission; or in a public right-of-way, alley, or other public thoroughfare. (B) Fires fueled by natural gas, propane, or charcoal in commercially manufactured appliances are subject to all regulations that may be required by a local, state, or federal government entity. This paragraph is intended to apply to gas or propane grills or fire tables, charcoal grills, or similar appliances after review and approval by the Fire Marshal. (C) The Fire Chief or designee shall be authorized to create rules, regulations, guidelines, and criteria that are required to be met for any activity covered by this Section. Such rules, regulations, guidelines, and criteria shall be available for public review on the City’s website or social media, or on paper, or in any other format that the Fire Chief or their designee believes is reasonably accessible to the public. SECTION 13-7 OPEN OUTDOOR FIRES, OUTDOOR FIREPLACES, COOKING FIRES AND BARBEQUE GRILLS, KETTLES, AND OUTDOOR HIBACHIS (A) Except as stated in paragraph (B), below, no open outdoor fires, including fires confined within outdoor fireplaces and outdoor cooking fires, shall be started by any person unless a permit is first obtained from the Fire Department. No permit shall be granted for open burningprohibited for multifamily occupancies without separate private yards for each tenant, ; nor without the property owner’s permission, ; nor in a public right-of-way, alley, or other public thoroughfare. (B) Fires fueled by natural gas, propane, or charcoal in commercially manufactured appliances are not subject to permitting by the Fire Department, but remain subject to any all other permitting or regulations that may be required by a local, state, or federal government entity. This paragraph is intended to apply to gas or propane grills or fire tables, charcoal grills, or similar appliances after review and approval by the Fire Marshal. (C) The Fire Department may charge a fee for this permit. Fees shall be approved by the Common Council and may from time to time be modified by resolution. A fee schedule shall be made available to the public in a format that is reasonably accessible. (D)(C) The Fire Chief or designee shall be authorized to create rules, regulations, guidelines, and criteria that are required to be met before permits will be issued for any activity covered by this Section. Such rules, regulations, guidelines, and criteria shall be available for public review on the City’s website or social media, or on paper, or in any other format that the Fire Chief or their designee believes is reasonably accessible to the public. 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 :August 14, 2024 SUB JEC T:SUB JEC T :Ord 24-467 Approve Zone Change from Central Mixed Use District (CMU) to Central Mixed Use District with a Planned Development Overlay (CMU-PD) at 224 State Street (Plan Commission Recommends Approval) (Applicant Requests Waiving the Rules and Adopting on First Reading) B A C KGRO UN DBACKGROUND The subject site consists of a one-acre parcel located at the southeast corner of State Street and Waugoo Avenue. The site includes a commercial building (former Oshkosh Northwestern building) and a parking lot with two garages accessed from Waugoo Avenue. The site is zoned Central Mixed Use District (CMU), and the surrounding area is a mixture of commercial, residential, and institutional land uses. The 2040 Comprehensive Land Use Plan recommends Center City use for the subject area. A N A L Y SI SANALYSIS The requested Planned Development Overlay designation is intended to allow for flexibility in the zoning ordinance to allow for reconstruction of the existing legal nonconforming parking lot. The Planned Development Overlay will assist with providing needed parking for the site. The CMU-PD zoning designation will remain consistent with the 2040 Comprehensive Land Use Plan recommendation of Center City for the subject site. The applicant is requesting that Common Council waive the rules and adopt on first reading. The applicant states that they will have 4-6 weeks upon approval to complete all underground mechanicals for the parking lot and install services into the building through an underground trench, in the parking lot, prior to pouring the parking lot. Pouring needs to be completed before the end of paving season. The asphalt crew shuts down for the season in the middle to end of October. Additionally, they are not comfortable keeping the modified contamination cap open through the winter season and their intent is to complete the install of the cap as soon as possible to comply with Wisconsin Department of Natural Resources requirements. REC O M M E N D A TI ONRECOMMENDATION The Plan Commission recommended approval of the requested zone change at 224 State Street with findings on August 6, 2024. Please see the attached staff report and meeting minutes for more information. A t t a chment sAttachments ORD 24-467 Rezone - 224 State St 08/14/2024 24-467 ORDINANCE   FIRST READING                    CARRIED 7-0     PURPOSE: APPROVE ZONE CHANGE FROM CENTRAL MIXED-USE DISTRICT (CMU) TO CENTRAL MIXED USE DISTRICT WITH A PLANNED DEVELOPMENT OVERLAY (CMU-PD) AT 224 STATE STREET INITIATED BY : MACH IV ENGINEERING AND SURVEYING LLC   PLAN COMMISSION RECOMMENDATION: Approved A GENERAL ORDINANCE OF THE CITY OF OSHKOSH AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF OSHKOSH, AS ADOPTED BY SECTION 30-32 OF THE OSHKOSH MUNICIPAL CODE. The Common Council of the City of Oshkosh does ordain as follows:     SECTION 1. That the Official Zoning Map of the City of Oshkosh, as adopted by Section 30-32 of the Oshkosh Municipal Code, is hereby amended by changing the district of the property located at 224 State Street from Central Mixed-Use District (CMU) to Central Mixed-Use District with a Planned Development Overlay (CMU-PD). The subject property to be rezoned includes 224 State Street, which is particularly described below, and the adjacent half of the State Street and Waugoo Avenue Right of way: BEING LOT 1 OF CERTIFIED SURVEY MAP NUMBER 8100, RECORDED AS DOCUMENT NUMBER 1916711, WINNEBAGO COUNTY REGISTER OF DEEDS, LOCATED IN THE NORTHEAST ¼ OF THE SOUTHWEST ¼ OF SECTION 24, TOWNSHIP 18 NORTH, RANGE 16 EAST, CITY OF OSHKOSH, WINNEBAGO COUNTY, WISCONSIN.     SECTION 2. This Ordinance shall be in full force and effect from and after its passage and publication.     SECTION 3. Publication Notice. Please take notice that the City of Oshkosh enacted Ordinance #24-467 APPROVE ZONE CHANGE FROM CENTRAL MIXED-USE DISTRICT (CMU) TO CENTRAL MIXED-USE DISTRICT WITH A PLANNED DEVELOPMENT OVERLAY (CMU-PD) on August 14, 2024. This ordinance changes the zoning of the property located at 224 State Street from Central Mixed-Use District with to Central Mixed-Use District with a Planned Development Overlay (CMU-PD). The full text of the Ordinance may be obtained at the Office of the City Clerk, 215 Church Avenue and on the City's website at www.oshkoshwi.gov. Clerk's phone: (920) 236-5011. ITEM: PUBLIC HEARING: ZONE CHANGE FROM CENTRAL MIXED USE DISTRICT (CMU) TO CENTRAL MIXED USE DISTRICT WITH A PLANNED DEVELOPMENT OVERLAY (CMU-PD) AND APPROVAL OF A GENERAL DEVELOPMENT PLAN AND SPECIFIC IMPLEMENTATION PLAN FOR PARKING LOT RECONSTRUCTION AT 224 STATE STREET Plan Commission Meeting of August 6, 2024. GENERAL INFORMATION Applicant: Mach IV Engineering and Surveying LLC Owner: Team SNW LLC Action(s) Requested: The applicant requests a zone change from the existing Central Mixed Use District (CMU) to Central Mixed Use District with a Planned Development Overlay (CMU-PD). The applicant also requests approval of a General Development Plan and Specific Implementation Plan for parking lot reconstruction Applicable Ordinance Provisions: Zoning map amendment standards are found in Section 30-381 of the Zoning Ordinance. Planned Development standards are found in Section 30-387 of the Zoning Ordinance. Property Location and Background Information: The subject site consists of a one-acre parcel located at the southeast corner of State Street and Waugoo Avenue. The site includes commercial building area (former Oshkosh Northwestern building) and a parking lot with two garages accessed from Waugoo Avenue. The site is zoned Central Mixed Use District (CMU) and the surrounding area is a mixture of commercial, residential, and institutional land uses. The 2040 Comprehensive Land Use Plan recommends Center City use for the subject area. Subject Site Existing Land Use Zoning Commercial CMU Recognized Neighborhood Organizations River East Neighborhood Association Adjacent Land Use and Zoning Existing Uses Zoning North Commercial/residential/vacant CMU/ I South Institutional & Commercial CMU/I East Institutional I West Commercial CMU Comprehensive Plan Land Use Recommendation Land Use 2040 Comprehensive Land Use Recommendation City Center ANALYSIS Zone Change The applicant is requesting a zone change from the Central Mixed Use District (CMU) designation to Central Mixed Use District with a Planned Development Overlay (CMU-PD) for the subject property. The requested Planned Development Overlay designation is intended to allow for flexibility in the zoning ordinance to allow for reconstruction of the existing legal nonconforming parking lot. The applicant has submitted plans for reconstruction of the parking lot, which will be addressed as a General Development Plan (GDP) and Specific Implementation Plan (SIP) review. Staff is supportive of the proposed rezone as the Planned Development Overlay will assist with providing needed parking for the site. The CMU-PD zoning designation will remain consistent with the 2040 Comprehensive Land Use Plan recommendation of Center City for the subject site. Rezone to CMU-PD Use The applicant is currently converting the south building (216 State Street) to a first-floor restaurant and also plans to add hotel accommodations above the restaurant and in the building immediately to the north (224 State Street) as future phases. The anticipated land uses are permitted in the CMU district. Site Design The applicant is proposing to reconstruct the existing parking lot, which is accessed off of Waugoo Avenue. The proposed parking lot will have 31 parking stalls and includes a refuse enclosure on the south end of the lot, between the existing garage buildings. The proposed plan has 0’ side (south) and rear (east) setbacks and 10’ street side (north) setback for the proposed pavement, where code requires a 5’ pavement setback from all property lines in the CMU district. Base Standard Modifications (BSM) are required for the reduced side and rear setbacks of 0’. Staff is supportive of the BSM requests for reduced side and rear yard setbacks as it will match the existing parking lot setback. The applicant has increased the front setback from the existing 0’ to 10’, which exceeds the code minimum of 5’. The increased front setback will be landscaped to enhance the appearance of the site from the street. Signage No additional signage is being proposed. Site Lighting The applicant has provided a photometric plan that meets minimum lighting levels of 0.4 fc for parking/drive areas. Lighting levels are under the maximum of 1.0 fc at the public right of-way and 0.5 fc at interior property lines. Light fixtures will consist of decorative wall mounts and 17’ light poles with full cut-off fixtures, which is under the maximum fixture height of 20’ for the CMU district. Landscaping Paved area landscaping is required for the proposed parking lot. The CMU district exempts building foundation, paved area, and yard landscaping requirements. Bufferyard landscaping is required along the east and south property lines as it is abutting an Institutional zoning district. Paved Area The paved area requirement of 50 landscaping points per 10 parking stalls or 10,000 sq. ft. of paved area is being met. The code further specifies 30% of all points will be devoted to tall trees and 40% will be devoted to shrubs. Both of these requirements are being met. The landscaping ordinance also includes a requirement that a landscape planter island, including a deciduous tree, be planted at all parking row ends. The applicant is requesting a BSM to allow parking row ends without the required landscape island at 5 parking row ends. Staff is supportive of allowing these parking rows without landscape planter islands to preserve sufficient space for vehicle circulation without losing the needed parking stalls. Bufferyards A 0.3 opacity bufferyard is required along the neighboring Institutional (I) zoned properties to the south and east of the site. The applicant is requesting a BSM to waive the bufferyard requirement along the south and east property lines. According to the applicant, meeting the bufferyard requirement along these property lines would be impractical due to the location of the existing buildings on and adjacent to the site and would cause undue disturbance to the most contaminated area of the site. The applicant also notes that the east and south sides of the parking lot are bordered by Winnebago County buildings that have walls located on the property line. These areas do not receive much sunlight and it would be difficult to maintain plantings. The required trees located close to the building could also potentially cause damage to the foundations from root penetration. The 0.3 opacity bufferyard requirement may be met with 10’ setback and 6’ solid fence or larger setbacks combined with landscaping and lesser fencing. In this particular case, staff feels that requiring a 10’ setback with landscaping and/or fencing would not be conventional as the parking lot abuts existing nonresidential buildings. As previously noted, the applicant has provided a larger (10’) landscaped front setback than required by code. Staff feels that the increased front setback sufficiently offsets the BSM request to waive the bufferyard requirements. Storm Water Management/Utilities The Department of Public Works has noted that work has been coordinated with the Waugoo Construction Project and full site plan approval is required. Building Facades No changes are being proposed to the existing building facades. Modifications to the former Oshkosh Northwestern building were approved through Special Area Design Review in April 2024. FINDINGS/RECOMMENDATION/CONDITIONS In its review and recommendation to the Common Council on an application for a Zoning Map amendment, staff recommends the Plan Commission make the following findings based on the criteria established by Chapter 30-381 (D)(2): (a) Advances the purposes of this Chapter as outlined in Section 30-03 and the applicable rules of Wisconsin Department of Administration and the Federal Emergency Management Agency. (b) Is in harmony with the Comprehensive Plan. (c) Maintains the desired overall consistency of land uses, land use intensities, and land use impacts within the pertinent zoning districts. (d) Addresses any of the following factors that are not properly addressed on the current Official Zoning Map: (ii) Factors have changed (such as new data, infrastructure, market conditions, development, annexation, or other zoning changes), making the subject property more appropriate for a different zoning district. In its review and recommendation to the Common Council on an application for a Planned Development district, staff recommends the Plan Commission make the following findings based on the criteria established by Chapter 30-387 (C)(6): (a) The proposed Planned Development project is consistent with the overall purpose and intent of this Chapter. (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 zone change, General Development Plan, and Specific Implementation Plan with the findings listed above and the following conditions: 1. Base Standard Modification (BSM) to allow reduced side (south) setback to 0’. 2. BSM to allow reduced rear (east) setback to 0’. 3. BSM to allow reduced bufferyard width to 0’ along the south and east property lines. 4. BSM to allow parking row ends without landscaped planter islands. Plan Commission recommends approval of the proposed zone change with the findings and conditions at 224 State Street on August 6, 2024. The following is Plan Commission’s discussion on the item. Site Inspections Report: Ms. Propp, Mr. Nichols, Mr. Bowen, and Ms. Davey reported visiting the site. Staff report accepted as part of the record. The applicant requests a zone change from the existing Central Mixed Use District (CMU) to Central Mixed Use District with a Planned Development Overlay (CMU-PD). The applicant also requests approval of a General Development Plan (GDP) and Specific Implementation Plan (SIP) for parking lot reconstruction. Mr. Slusarek presented the items and reviewed the site and surrounding area as well as the land use and zoning classifications in this area. The subject site is located at the southeast corner of State Street and Waugoo Avenue. It has a commercial building (former Oshkosh Northwestern building) and a parking lot with two garages accessed from Waugoo Avenue. The applicant is requesting a rezone as they are requesting to reconstruct an existing legal nonconforming parking lot. They are currently in the process of renovating the south building (216 State Street) to a first-floor restaurant and future plans are to add hotel accommodations above the restaurant and in the building immediately to the north (224 State Street). Staff is supportive of the proposed rezone as the Planned Development Overlay will assist with providing needed parking for the site. The applicant is proposing to reconstruct the existing parking lot, which will have 31 parking stalls. The proposed plan has 0’ side (south) and rear (east) setbacks and 10’ street side (north) setback for the proposed pavement, where code requires a 5’ pavement setback from all property lines in the CMU district. Base Standard Modifications (BSM) are required for the reduced side and rear setbacks of 0’. Staff is supportive of the BSM requests for reduced side and rear yard setbacks as it will match the existing parking lot setback. The applicant has increased the front setback from the existing 0’ to 10’, which exceeds the code minimum of 5’. The increased front setback will be landscaped to enhance the appearance of the site from the street. The applicant is requesting a BSM to waive the bufferyard requirement along the south and east property lines. According to the applicant, meeting the bufferyard requirement along these property lines would be impractical due to the location of the existing buildings on and adjacent to the site and would cause undue disturbance to the most contaminated area of the site. The applicant also notes that the east and south sides of the parking lot are bordered by Winnebago County buildings that have walls located on the property line. The applicant is requesting a BSM to allow parking row ends without the required landscape island at 5 parking row ends. Staff is supportive of allowing these parking rows without landscape planter islands to preserve sufficient space for vehicle circulation without losing the needed parking stalls. Staff recommends approval of the zone change, GDP, and SIP with the findings and conditions listed in the staff report. Mr. Kiefer opened up technical questions to staff. Ms. Davey wondered if the parking lot is sealing in something. Mr. Lyons stated yes, this is a capped Department of Natural Resource (DNR) environmental site, so we need to maintain a cap here. This improves the look of the area, and adds some green space. Ms. Davey asked if permeable pavers are an option. Mr. Lyons stated he would want to work with the environmental consultants to see if that is a viable option, given that it is a capped DNR site. That is typically not an option on those types of sites. Mr. Kiefer wondered if the building to the east is right up to the property line. Mr. Lyons stated yes, the County building is, and same thing to the south. Mr. Kiefer wondered what structures would remain on the site. Mr. Lyons stated the two existing garages would remain on site… Mr. Kiefer opened the public hearing and asked if the applicant wanted to make any statements. Susan Hirschberg with RH Design Build, 2050 Menominee Drive in Oshkosh, was available for questions. Kelsie Lally, Lead Design on the project, Director of Team SNW, speaking as the owner’s representative, stated they will have a 35-room hotel in 2026. Here we have 31 parking stalls, and another lot across the street that will provide additional parking. Available for any questions. Mr. Kiefer asked if other members of the public wished to speak. Mr. Kiefer closed the public hearing. There was no closing statement from the applicant. Motion by Davey to adopt the findings and recommendation as stated in the staff report. Seconded by Bowen. Mr. Kiefer asked if there was any discussion on the motion. Motion carried 5-0. From:Kelsie Lally <kelsie@ameenadesign.com> Sent:Thursday, July 18, 2024 4:30 PM To:Nieforth, Kelly K Cc:Slusarek, Brian E.; Lyons, Mark Subject:Re: [External] 224 State St parking lot Hi Brian and Mark, Please consider this our request to waive the second reading requirement for the 224 State Street parking lot project. Our reason being, we will have 4-6 weeks upon approval, to complete all underground mechanicals for the parking lot and install services into the building through an underground trench in the parking lot prior to pouring the parking lot which needs to be complete before the end of paving season. The asphalt crew shuts down for the season mid-end of October. Additionally, we are not comfortable keeping the modified cap open through the winter season. Our intent is to complete the install of the modified cap as soon as possible. Please let me know if you need any further information. Thank you, Kelsie Page 8 Page 9 224 State Oshkosh Northwestern PD Rezoning NarraƟve A rezoning of parcels 90200200000, 90200210000 and 90200330000 is being requested to change the zoning from CMU to PD. The PD zoning is being requested to modify the buffer yard requirements of ArƟcle IX: Landscaping Requirements of the City of Oshkosh Zoning Ordinance. The property is currently being renovated from the previous Oshkosh Northwestern publishing faciliƟes to a bouƟque hotel and restaurant. The exisƟng parking lot is a contaminated site with deed restricƟons in place requiring a pavement cap. The Owner’s environmental consultant is working with the DNR to modify the exisƟng cap plan to allow the reconstrucƟon of the parking lot. The Landscaping Requirements of the Zoning Ordinance require a 10’ buffer where the CMU zoning meets other districts. This would be required along the east and south sides of the parking lot where the adjacent zoning is I-InsƟtuƟonal. The Ordinance sets forth point requirements that would require this site to provide 155 points of landscaping. MeeƟng these requirements in the 10’ of area along the south and east sides of the parking lot would be impracƟcal due to the locaƟon of exisƟng buildings on and adjacent to the site and would also cause undue disturbance in the most contaminated area of the site. The east and south sides of the parking lot are bordered by Winnebago County buildings that have walls located on the property line. These areas do not receive much sunlight and as a result would be difficult to maintain planƟngs. The required trees located that close to exisƟng buildings could also potenƟally cause damage to the foundaƟons from root penetraƟon. There are also two exisƟng building on the subject property located in the buffer area. As a result of the locaƟons of the exisƟng building on and adjacent to the site there is very li Ʃle visibility into the site that a landscape buffer would improve. The requested proposed PD would relocate the landscaping to the north side of the property that borders Waugoo Avenue as shown on the aƩached plan. A 10’ wide area would be planted according to the aƩached landscape plan. The proposed landscape plan provides 156 points of landscaping in this area. The planƟngs in this area should receive adequate sunlight to thrive and will provide the most aestheƟc benefits to the public uƟlizing Waugoo. This also will have the greatest aestheƟc benefit for the patrons of the site by framing the entrances and buffering the view of the street. The proposed PD would preserve the public interest by providing landscaping that exceeds the numerical requirements of the ordinance and provides an increased aestheƟc benefit to the public and adjacent properƟes. Page 13 Page 14 ZONE CHANGE, GDP, & SIP PC: 8.6.2024 S BAYER HOLDINGS LLC N6053 FOREST RIDGE RD GREEN LAKE WI 54941-9737 JACOPA INC 25 WAUGOO AVE OSHKOSH WI 54901-4848 TEAM SNW LLC C/O TABATHA-GM 216 STATE ST OSHKOSH WI 54901-4839 WINNEBAGO COUNTY C/O FINANCE DEPT PO BOX 2808 OSHKOSH WI 54903-2808 DISCOVERY PROPERTIES LLC 230 OHIO ST STE 200 OSHKOSH WI 54902-5894 HARRY & PRISCILLA KIECKHAFE 702 E IRVING AVE OSHKOSH WI 54901-4643 TEAM SNW LLC 7098 S HIGHWAY 45 OSHKOSH WI 54902-8812 BBLD LLC PO BOX 800 OSHKOSH WI 54903-0800 DALE SCHOOL APTS INC C/O MR CHARLES HERTEL PO BOX 143 OSHKOSH WI 54903-0143 RIVER EAST NBHD ASSOC C/O KATHY WEBB 543 OTTER AVE OSHKOSH WI 54901-5103 RIVER EAST NBHD ASSOC C/O TAMMY HACKETT 349 BOWEN ST OSHKOSH WI 54901-5155 RIVER EAST NBHD ASSOC C/O CARMEN SCOTT 521 OTTER AVE OSHKOSH WI 54901-5103 DOWNTOWN NBHD ASSOC C/O JESSIE MEIDL 903 W 7TH AVE OSHKOSH WI 54902-5854 Page 15 BROAD ST WAUGOO AV OTTER AV E PAR KWAY AV COMMERC E ST MERRITT AV NEBR A SK A S T W PAR KWAY AV DIVISION ST BAY ST NORTHWESTERN AV HUDSON AV PEARL AV COURT ST CITY CENTER BAY SHORE DR W 5TH AV E 7TH AV BOYD ST MONROE ST GRAND ST MT VERNON ST JEFFERSON ST BAY ST BROAD ST MILL ST CHURCH AV MARKETST DIVISION ST BROWN ST MARKETST SCHOOL AV POPLAR AV W 7TH AV W 6TH AV W 8TH AV E 8TH AV PL EA SA N T S T MA D IS ON S T BROAD ST MILL ST BROAD ST DIVISION ST FRANKLIN ST STATE ST BROAD ST CENTRAL ST BROA D S T N MAIN ST CEAPE AV WASHINGTON AV ALGOMA BLVD OREGON ST JACKSON ST HIGH AV S M AIN ST O s h k o s hOshkoshCityCityLimitLimit CMU CMU CMU CMU CMU CMU CMU-PD CMU-PD CMU -PD CMU-PD CMU-PD-RFO CMU-RFO CMU-RFO I I I I I I I I-PD I-PD I-PD I-PD I-PD I-PD I-PD I-PD I-PD-RFO I-UTO MR-20 MR-36 MULTIPLE RMU-PD RMU-PD RMU-PD RMU-PD-RFO R M U -R F O SR-9 TR-10 TR-10 TR-10 TR-10 TR-10-PD TR-10-PD UMU UMU UMU UMU UMU UMU UMU UMU UMU UMU UMU-PD UMU-PD UMU-PD UMU-PD UMU-PD-UTOUMU-RFO 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: 7/15/2024 1 in = 500 ft 1 in = 0.09 mi¯ZONING MAP 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 WAUGO O AV J E F F E R S O N S T MT VER NON ST OTTER AV S T A T E S T COURT ST WASHINGTON AV J:\GIS\Planning\Plan Commission Site Plan Map Template\2023 Plan Commission Site Plan Map Template.mxd User: katrinam Prepared by: City of Oshkosh, WI Printing Date: 7/15/2024 1 in = 100 ft 1 in = 0.02 mi¯AERIAL MAP 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 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 :August 14, 2024 SUB JEC T:SUB JEC T :Res 24-468 Accept Proposal for Executive Search Services for City Manager Position - MGT/Gov HR ($25,000.00) B A C KGRO UN DBACKGROUND City Manager Rohloff announced his impending retirement, effective January 3, 2025. At the time of the announcement, Council provided direction to staff to solicit a proposal from a reputable organization to provide executive recruitment services for the upcoming vacancy. A N A L Y SI SANALYSIS The City has previously utilized GovHR, now part of MGT, for executive recruitment services with positive results. MGT/GovHR has been utilized in the last five years by over 100 cities, villages, and towns to fill manager/administrator positions throughout the United States and are a leader regionally as well as nationally in their field. FI SC A L I M P A CTFISCAL I M P A C T The estimated impact of this agreement is approximately $25,000.00. REC O M M E N D A TI ONRECOMMENDATION Based on the analysis conducted, staff recommends approval of the City Manager Executive Recruitment Services proposal provided by MGT/GovHR. A t t a chment sAttachments RES 24-468 MGT/GovHR Proposal 8/14/2024 24-468 RESOLUTION     CARRIED 6-1     PURPOSE: ACCEPT PROPOSAL FOR EXECUTIVE SEARCH SERVICES FOR CITY MANAGER POSITION - MGR/GOVHR ($25,000.00) INITIATED BY : DEPARTMENT OF ADMINISTRATIVE SERVICES       BE IT RESOLVED by the Common Council of the City of Oshkosh that the attached proposal from MGT/GovHR for Executive Search Services to assist with the recruitment of a City Manager is hereby accepted and the proper City officials are hereby authorized and directed to enter into an agreement to carry out all actions necessary to implement the City's obligations under the agreement.  BE IT FURTHER RESOLVED  that the money for this purpose is hereby appropriated from: Acct. No.  0100-0040-6412         HR Division - Contractual Agreement Pymnts Proposal AUG 5, 2024 City Manager Executive Recruitment Services Submitted by: MICHELE MORAWSKI ASSISTANT DIRECTOR, CLIENT SERVICES 790 FRONTAGE ROAD, SUITE 213 NORTHFIELD, IL 60093 224.415.3791 mmorawski@govhrusa.com City of Oshkosh , Wisconsin MGTCONSULTING.COM / GOVHRUSA.COM CITY OF OSHKOSH, WI CITY MANAGER AUG 5, 2024 Table of Contents COVER LETTER ................................................................................................................ 1 FIRM PROFILE ................................................................................................................. 2 PERFORMANCE SOLUTIONS ............................................................................................ 3 WHY CHOOSE MGT/GOVHR? ........................................................................................... 5 OUR TEAM ...................................................................................................................... 6 PROJECT APPROACH & METHODOLOGY ......................................................................... 7 PROJECT UNDERSTANDING ............................................................................................. 7 PROPOSED WORK PLAN ................................................................................................... 7 PROJECT TIMELINE ........................................................................................................ 11 COMMITMENT TO DIVERSITY, EQUITY, & INCLUSION IN RECRUITMENTS ............................................................................................................. 11 COST PROPOSAL ........................................................................................................... 13 FULL SCOPE RECRUITMENT ........................................................................................... 13 OUR GUARANTEE – FULL SCOPE RECRUITMENT ........................................................... 14 OPTIONAL SERVICES ..................................................................................................... 15 APPENDIX A. CONSULTANT BIOGRAPHY ....................................................................... 16 APPENDIX B. CLIENT LIST .............................................................................................. 18 CITY OF OSHKOSH, WI | AUG 5, 2024 CITY MANAGER PAGE 1 Cover Letter Aug 5, 2024 John Fitzpatrick, Administrative Services City of Oshkosh 215 Church Avenue Oshkosh, WI 54903-1130 RE: PROPOSAL FOR CITY MANAGER Dear Mr. Fitzpatrick: Thank you for the opportunity to provide you with a proposal for the City Manager recruitment and selection process for the City of Oshkosh (City). Our proposal provides the City with firm qualifications, key experience, a detailed work plan and timeline, and associated fees to provide services that exceed expectations. We provide a tailored, personal approach to executive recruitment and selection, and can adapt to your specific requirements for the position. We have some very exciting news to share. GovHR USA (GovHR) has recently been acquired by MGT of America Consulting, LLC (MGT). MGT is a nationally respected leader in public sector management consulting and technology services with a long track record in support of state, local, and education clients. GovHR and MGT are joining forces to take the next step in offering integrated so lutions that can accelerate our most important shared goal: dramatically improving lives by advancing and lifting up the communities we serve. Our consultants have worked in all areas of local government leadership including city/county management, human resources, public safety, finance, public works, parks and recreation, and utilities. This combined hands-on knowledge and experience has made MGT and GovHR proven leaders in public sector consulting. MGT CONTACT INFORMATION MGT HEADQUARTERS MGT of America Consulting, LLC 4320 West Kennedy Boulevard | Tampa, Florida 33609 P: 813.327.4717 | www.mgtconsulting.com FEIN: 81-0890071 PROPOSAL CONTACT Michele Morawski, Assistant Director, Client Services 790 Frontage Road, Suite 213 | Northfield, Illinois 60093 224.415.3791 | mmorawski@govhrusa.com Thank you for the opportunity to submit a proposal to the City of Oshkosh. Should you have questions on any aspect of this proposal, please contact Michele Morawski at 224.415.3791 or mmorawski@govhrusa.com. Regards, Patrick J. Dyer, Vice President, Authorized to bind the firm CITY OF OSHKOSH, WI | AUG 5, 2024 CITY MANAGER PAGE 2 Firm Profile We impact the communities we serve – for good. MGT began operations in 1974 as a public sector research firm. Since then, we have significantly expanded our consulting capabilities and client offerings. Today, we are a national consulting firm specializing in assisting clients to operate more efficiently and effectively. MGT has acquired a keen understanding of the structures, operations, and issues facing public entities. This understanding comes from nearly 50 years of experience providing innovative yet practical solutions to public sector clients. We provide objective, creative, expert services in the areas of human capital, finance, technology, programming, and planning. We draw on the expertise of our highly qualified staff, most of whom have prior careers at city-, county-, and state-level government offices. This insider's knowledge of government operations and structure gives MGT a competitive advantage and an ability to hit the ground running from the very start of a project. MGT has successfully worked with clients on more than 30,000 projects to help them adapt to change while maintaining the vision and direction towards their short- and long-term goals. With the recent combination of GovHR, our firm includes more than 600 professionals and administrative staff to support our clients’ success. Our Commitment MGT embraces the most complex challenges with deep commitment, agility, and local expertise to make a measurable and profound social impact. Simply stated, our promise is: We improve lives by advancing and lifting up your community. This purpose reflects the company’s strong social conscience and service ethic that forms the core of the MGT “Why.” MGT models this philosophy by systematically seeking out the highest-impact projects and relationships, encouraging community involvement, and investing in a collaborative and rewarding world- class work environment for employees. Part of our success is based upon our promise to be flexible and responsive. We are acutely aware of the political, economic, social, and technological factors that impact today’s public sector clients. MGT is structured into several primary consulting divisions to support these needs. We are pleased to have the Government Consulting Experts within the MGT Performance Solutions Group responsible for leading the completion of this project. Name: MGT of America Consulting, LLC (MGT) Founded: 1974 Locations: Headquarters in Tampa , Florida; branch offices nationwide Staff: 600+ consultants across the country Structure: Privately held and client-driven Cooperative Contracts: Allied States Cooperative (ASC) #23 -7449 The Interlocal Purchasing System (TIPS) #220601 Lines of Business : Government Consulting; Education and Financial Solutions; Diversity and Inclusion; Human Capital ; Cybersecurity and Technology FIRM PROFILE CITY OF OSHKOSH, WI | AUG 5, 2024 CITY MANAGER PAGE 3 Performance Solutions The MGT Performance Solutions team has an impressive track record of providing customized solutions, objective research, creative recommendations, and quality products that respond to each client's unique needs and time requirements. GovHR is now a part of MGT’s Performance Solutions Team. GovHR USA GovHR was originally formed as Voorhees Associates in 2009, changed its name to GovHR USA in 2013, and joined MGT (the nation’s leading social impact firm) in 2023. GovHR provides public management consulting services to local government clients and other public-sector entities across the country. GovHR offers customized executive recruitment services, management studies, and consulting projects for local government and organizations who work with local government. Additionally, GovHR’s GovTempsUSA division provides interim staffing solutions to keep operations moving during the recruitment process. GovHR’s consultants are experienced executive recruiters who have conducted over 1,250 recruitments working with cities, counties, special districts, and other governmental entities of all sizes throughout the country. They have held leadership positions within local government, giving them an understanding of the complexities and challenges facing today’s public sector leaders. GOVHR’S LEADERSHIP Heidi Voorhees (847) 380-3240 HVoorhees@GovHRusa.com Joellen Cademartori (847) 380-3238 JCademartori@GovHRusa.com Ms. Voorhees has conducted more than 400 recruitments in her management consulting career, with many of her clients being repeat clients, attesting to the high quality of work performed for them. In addition to her 22 years of executive recruitment and management consulting experience, Ms. Voorhees has 19 years of local government leadership and management service, including ten years as Village Manager for the Village of Wilmette, Illinois. Ms. Cademartori is a seasoned manager, with expertise in public sector human resources management. She has held positions from Human Resources Director and Administrative Services Director to Assistant Town Manager and Assistant County Manager. Ms. Cademartori has worked in forms of government ranging from Open Town Meeting to Council-Manager and has supervised all municipal and county departments ranging from Public Safety and Public Works to Mental Health and Social Services. FIRM PROFILE CITY OF OSHKOSH, WI | AUG 5, 2024 CITY MANAGER PAGE 4 The Social Impact of MGT’s Work Impacting Communities. For Good. MGT’s Primary Consulting Divisions Our firm includes more than 600 professionals and administrative staff to support our clients’ success. MGT is structured into the following primary consulting divisions, along with various internal infrastructure groups to support our operations and growth. We understand the goals of the City of Oshkosh and how this search process will ensure a diverse pool of highly qualified candidates for the City. The MGT team empowers organizations to enhance their teams through innovations in people, processes, and technology to lift and strengthen their human resources solutions. Defined by Our Impact FIRM PROFILE CITY OF OSHKOSH, WI | AUG 5, 2024 CITY MANAGER PAGE 5 Why Choose MGT/GovHR? ✓ Unparalleled Expertise and Level of Service. With executive recruitment experience in 44 states, and in communities ranging in population from 1,000 to 3,000,000, we are a leader in the field of local government recruitment and selection. More than 40% of our clients are repeat clients, and 94% of surveys show our overall performance rating as Outstanding – indicating a plan to use our services and/or highly recommend us in the future. ✓ Delivering the Best. We conduct comprehensive due diligence on candidates. Our state-of- the-art process includes extensive use of social media for candidate outreach and video interviews with potential finalist candidates, ensuring successful recruitment for the City. We will provide important information to potential candidates by developing a high quality, thorough Recruitment Brochure reflecting the knowledge we will have about your community and your organization. Before we recommend a candidate to you, we ask probing questions that will verify their expertise during video interviews, reference calls, and news and social media searches. ✓ A Partner from Start to Finish. We are your partners in this important process. We welcome you to review all the resumes we receive, and we will share our honest assessment of the candidates. Our goal is your complete satisfaction. We can strategize with you on a variety of approaches for meeting your recruiting needs, including evaluation of internal candidates, identification of non-traditional candidates who meet your recruitment requirements, succession planning, and mentoring options. We are committed to working with you until you find the candidate that is the best fit for your position. ✓ Services for Any Budget and Any Search. We strive to meet the specific needs of our clients by offering several options for recruitment services to meet your budget. Our services range from Full Executive Recruitments to Virtual Recruitments and even simply Professional Outreach for those who want to reach a broader network. In the following proposal, we have provided the scope we believe best fits your needs. CITY OF OSHKOSH, WI | AUG 5, 2024 CITY MANAGER PAGE 6 Our Team The success of a consulting engagement is founded on the qualifications of the project team and the way in which it is structured and managed. MGT employs a team of professionals with backgrounds in local government and the not-for-profit sector. With the City’s staffing needs in mind and due to the significance of this recruitment, we have assigned our highly knowledgeable and experienced consultant, Lee Szymborski. He will act as your project manager and primary point of contact for this project. His biography is attached as Appendix A. Project Manager & Main Point of Contact LEE SZYMBORSKI Senior Vice President 414-750-7799 LSzymborski@GovHRusa.com Proposal Inquiries MICHELE MORAWSKI Assistant Director Client Services 224.415.3791 MMorawski@GovHRusa.com CITY OF OSHKOSH, WI | AUG 5, 2024 CITY MANAGER PAGE 7 Project Approach & Methodology A detailed plan specifically designed for you. Project Understanding A typical recruitment and selection process takes approximately 175 hours to conduct. At least 50 hours of this time is administrative, including advertisement placement, reference interviews, and due diligence on candidates. We believe our experience and ability to professionally administer your recruitment will provide you with a diverse pool of highly qualified candidates for your position search. Our clients are informed of the progress of their recruitment throughout the entire process. We are always available by mobile phone or email should you have a question or need information about the recruitment. Proposed Work Plan PHASE 1 POSITION ASSESSMENT, POSITION ANNOUNCEMENT , & BROCHURE Activities MGT treats each executive recruitment as a transparent partnership with our client. We believe in engaging with stakeholders early in each recruitment process to fully understand the challenges and opportunities inherent in the position. Understanding the organizational culture is critical to successful recruitment. We gain this insight and information through meetings (one on one and in small groups), E S P R R P A S I P P S MGT lie t Satisfactio ompo e ts PROJECT APPROACH & METHODOLOGY CITY OF OSHKOSH, WI | AUG 5, 2024 CITY MANAGER PAGE 8 surveys, and a review of relevant information. This information is reflected in a polished marketing piece that showcases the organization and the area it serves. INFORMATION GATHERING  One-on-one or group interviews with stakeholders identified by the City.  Community forums (in-person or via video) can be used to gather input and feedback.  Surveys can be used for department personnel and/or the community to gather feedback.  Conversations/interviews with department heads. A combination of the items listed above can be used to fully understand community and organizational needs and expectations for the position (this proposal includes 12 hours of meetings – additional meetings can be added for a fee of $195/hour plus actual expenses if incurred). One organizational survey is included. A Community Survey can be conducted for $2,500. Community Forums are conducted as an optional service. Development of a POSITION ANNOUNCEMENT to be placed on websites and social media. Development of a thorough RECRUITMENT BROCHURE for City review and approval. Agreement on a detailed RECRUITMENT TIMETABLE – a typical recruitment takes between 90 to 120 days from the time you sign the contract to the appointment of the finalist candidate. PHASE 2 ADVERTISING, CANDIDATE RECRUITMENT , & OUTREACH Activities We make extensive use of social media as well as traditional outreach methods to ensure a diverse and highly qualified pool of candidates. Our website is well known in the local government industry – we typically have 17,000+ visits monthly to our website and career center. Additionally, our weekly jobs listings are sent to over 8,000 subscribers. Phase 2 will include the following:  MGT consultants will personally identify and contact potential candidates.  Develop a database of potential candidates from across the country unique to the position and to the City, focusing on: ─ Leadership and management skills. ─ Size of organization. ─ Experience in addressing challenges and opportunities also outlined in Phase 1. ─ The database will range from several hundred to thousands of names. An email campaign will be sent to each potential candidate.  Placement of the Position Announcement: ─ Public sector online Career Centers. ─ Social media: LinkedIn (posted on MGT Executives LinkedIn news feeds to reach over 50,000 connections), Facebook, and Instagram. ─ MGT will provide the City with a list of advertising options for approval. PROJECT APPROACH & METHODOLOGY CITY OF OSHKOSH, WI | AUG 5, 2024 CITY MANAGER PAGE 9 PHASE 3 CANDIDATE EVALUATION & SCREENING Activities Phase 3 will include the following steps:  Review and evaluation of candidates’ credentials with consideration to the criteria outlined in the Recruitment Brochure.  Candidates will be narrowed down to those that meet the qualification criteria.  Candidate evaluation process: ─ Completion of a questionnaire explaining prior work experience. ─ Live Video Interview (45 minutes to 1 hour) conducted by consultant with each finalist candidate. ─ References provided by the candidate are contacted. ─ Internet/Social Media search conducted on each finalist candidate. All resumes will be acknowledged and inquiries from candidates will be personally handled by MGT, ensuring the City’s process is professional and well regarded by all who participate. PHASE 4 PRESENTATION OF RECOMMENDED CANDIDATES Activities Phase 4 will include the following steps:  MGT will prepare a Recruitment Report presenting the credentials of those candidates most qualified for the position.  MGT will provide an electronic recruitment portfolio which contains the candidates’ materials along with a “mini” resume for each candidate so that credentials are presented in a uniform way.  The City will receive a log of all applicants and may review resumes if requested.  Report will arrive in advance of the Recruitment Report Presentation. MGT will meet with the City to review the recruitment report and provide additional information on the candidates. PHASE 5 INTERVIEWING PROCESS & BACKGROUND SCREENING Activities Phase 5 will include MGT completing the following steps:  Develop the first and second round interview questions for City review and comment.  Coordinate candidate travel and accommodations.  Provide City with an electronic file that includes: ─ Candidates’ credentials. PROJECT APPROACH & METHODOLOGY CITY OF OSHKOSH, WI | AUG 5, 2024 CITY MANAGER PAGE 10 ─ Set of questions with room for interviewers to make notes. ─ Evaluation sheets to assist interviewers in assessing the candidate’s skills and abilities. Background screening will be conducted along with additional references contacted: MGT BACKGROUND SCREENING ✓ Social Security Trace & Verification ✓ US Federal Criminal Search ✓ Enhanced Verified National Criminal ─ National Sex Offender Registry ─ Most Wanted Lists: Federal Bureau of Investigation (FBI), Drug Enforcement Agency (DEA), Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), Interpol ─ Office of Foreign Assets Control (OFAC) Terrorist Database Search ─ Office of the Inspector General (OIG), General Services Administration (GSA), System for Award Management (SAM), Food and Drug Administration (FDA) ─ All felonies and misdemeanors reported to the National Database ✓ County/Statewide Criminal ✓ Civil Search ✓ Bankruptcy, Leans, and Judgements ✓ Motor Vehicle Record ✓ Education Verification – All Degrees Earned Optional: Credit Report – Transunion with score (based on position and state laws) Optional: ─ Professional License Verification ─ Drug Screen ─ Employment Verification MGT will work with you to develop an interview schedule for the candidates and coordinate travel and accommodations. MGT consultants will be present for all the interviews, serving as a resource and facilitator. MGT will coordinate a 2-Step Interview process. The first-round interviews will include four to five candidates. The second-round interviews will include two or three candidates. MGT will supply interview questions and an evaluation form. In addition to a structured interview, the schedule can incorporate:  Tour of City facilities.  Interviews with senior staff. PHASE 6 APPOINTMENT OF CANDIDATE Activities  MGT will assist you as much as requested with the salary and benefit negotiations and drafting of an employment agreement, if appropriate.  MGT will notify all applicants of the final appointment, providing professional background information on the successful candidate. PROJECT APPROACH & METHODOLOGY CITY OF OSHKOSH, WI | AUG 5, 2024 CITY MANAGER PAGE 11 Project Timeline Based on our experience in conducting similar projects, we anticipate the proposed project can be completed within 14 weeks of project initiation as illustrated in Exhibit 1. Exhibit 1. Proposed Schedule WORK PLAN TASKS WEEK 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Phase 1: Position Assessment, Position Announcement, & Brochure Phase 2: Advertising, Candidate Recruitment, & Outreach Phase 3: Candidate Evaluation & Screening Phase 4: Presentation of Recommended Candidates Phase 5: Interviewing Process & Background Screening Phase 6: Appointment of Candidate Commitment to Diversity, Equity, & Inclusion in Recruitments MGT is a leader in diversity, equity, and inclusion (DEI) consulting services, strategic planning, and organization transformation. MGT’s experience working in diverse communities across the United States and working with organizations seeking to change organization culture is critical to the success of all our projects. We have a track record of building awareness, solutions, and direction for systemic change by generating transformative ideas and solutions, information, and practices into operational strategies, which help us stand out in all our projects. MGT is also one of the original and premier disparity research firms in the country. Disparity studies were the first instance of bringing principles of diversity, equity, and inclusion into the public sector, through the procurement process, and since 1990, MGT has conducted more than 230 public sector disparity studies. These studies are designed to improve procurement departments, promote and advance equity, and improve economic outcomes for diverse communities that have been historically marginalized by analyzing policies, practices, and programs to increase the utilization of minority- and women-owned businesses. Clients that have conducted a disparity study are in the unique position to increase and improve systematic equity through procurement and contracting, which can ultimately promote economic empowerment by creating strong business and employment pipelines in communities of color. MGT’s GovHR also has a long-standing commitment to DEI. Since the firm’s inception they have supported, with their time and financial resources, organizations that advance underrepresented populations in local government. These include the National Forum for Black Public Administrators, the Local Government Hispanic Network, The League of Women in Government, and CivicPride. Our Team Members have moderated and spoken on DEI topics at the International City and County Management Association conference and state conferences. Our employees and consultants have undergone Implicit Bias Training, and we are frequent speakers on incorporating equity and inclusion into all levels of local PROJECT APPROACH & METHODOLOGY CITY OF OSHKOSH, WI | AUG 5, 2024 CITY MANAGER PAGE 12 government. Additionally, we provide a list of DEI resources on the homepage of the website at GovHRusa.com. MGT’s GovHR has formally partnered with the National Forum for Black Public Administrators' consulting arm, i4x, and in several recruitment and selection processes throughout the country including Toledo, OH; Fort Collins, CO; Ann Arbor, MI; Oakland, MI; and Arlington, TX. Our partnership reflects our mutual commitment to advancing DEI values and increasing the diversity of local government leaders at the highest levels of local government organizations. MGT/GovHR’s Recomme datio s to RECRUIT and Retain Top Talent RESPONSIVE: ROLL OUT THE WELCOME MAT! Candidates may struggle with relocating for a new position as well as being concerned about the “fit” with a new team. It is important to include costs for your top candidate(s) to travel to your location for the final interview process. Our team will work with you to create a welcoming, informative experience for both you and the candidate(s). ENCOURAGING: Employee development is a must-have in today’s market. Candidates appreciate their employer investing in them as much as they are investing themselves in the job. Consider “up and coming” candidates who may lack one or two preferred skills and assign a mentor or invest in a course to encourage their professional development. A mentor/training program will also help establish a peer-to-peer connection and make them feel more comfortable about the transition to a new job. COMPETITIVE: Our team will guide you in offering a competitive market rate compensation and competitive benefits package attractive to today’s candidates. Competitive employers must include relocation expenses and should consider signing bonuses and temporary housing. RESOURCEFUL: Review your job description – do you need public sector experience? Are the years’ experience you list essential, or can that be preferred? Consider a more resourceful approach when reviewing candidates’ experience. Carefully assess requirements such as Certified Public Accountant (CPA), Professional Engineer, and others that will limit your talent pool – consider using the word “ideally” or “preferably.” UNDERSTANDING: These past few years have, without a doubt, changed the work environment. Competitive employers have recognized this and are offering flexible/hybrid/remote work options. Those positions that offer this type of flexibility consistently receive a better candidate response rate. INNOVATIVE: Think about what is unique and attractive about your community and organization and highlight that in your recruitment efforts. Talk about organizational culture and what your values are with respect to your employees. MGT will assist you in being as innovative as possible in your outreach. TRANSPARENT: Some states now mandate listing salary ranges in any job advertisements or postings. More and more companies are showing at least a salary range in their postings to promote pay transparency and equity. Post the salary range you will use for hiring – it is public information. If we make it too difficult for candidates to find out the salary, they will move on to the next opportunity. CITY OF OSHKOSH, WI | AUG 5, 2024 CITY MANAGER PAGE 13 Cost Proposal Defined by Impact. Driven by People. Dedicated to the Community. W k z ’ — and we will work with you to ensure our fees are aligned with your expectations and budget. Full Scope Recruitment Summary of Costs Price Recruitment Fee $21,500 Recruitment Expenses (not to exceed) Expenses include candidate due diligence efforts $1,500 Advertising *Advertising costs over $2,000 will be placed only with client approval. If less than $2,000, Client is only billed for actual cost. $2,000* TOTAL: $25,000** **Consultant travel expenses are not included in the price proposal. If the consultant is requested to travel to the client, travel costs will be estimated at time of request. Only actual expenses will be billed to the City for reimbursement. Possible in-person meetings could include:  Recruitment brochure interview process  Presentation of recommended candidates  Interview Process Any additional consultant visits requested by the City (beyond the three visits listed above) will be billed at $195/hour. The additional visits may also result in an increase in the travel expenses billed. *This fee does not include travel and accommodation for candidates interviewed. Payment for Fees & Services  1st Invoice: Contract Award (40% of the Recruitment Fee).  2nd Invoice: Presentation of Candidates (40% of the Recruitment Fee & expenses incurred to date).  Final Invoice: Completion of Recruitment (20% of the Recruitment Fee plus all remaining expenses). Payment of invoices is due within thirty (30) days of receipt. COST PROPOSAL CITY OF OSHKOSH, WI | AUG 5, 2024 CITY MANAGER PAGE 14 Our Guarantee – Full Scope Recruitment MGT is committed to assisting our clients until a candidate is appointed to the position. Therefore, no additional professional fee will be incurred if the client does not select from the initial group of recommended candidates and requests additional candidates be developed for interview consideration. If additional advertising beyond Phase I advertising is requested, the City will be billed for actual advertising charges. Reimbursable expenses may be incurred should the recruitment process require consultant travel to the City. Upon appointment of a candidate, MGT provides the following guarantee: should the selected and appointed candidate, at the request of the City or the employee’s own determination, leave the employ of the City within the first 12 months of appointment, we will, if desired, conduct one additional recruitment for the cost of expenses and announcements only. This request must be made within six months of the employee’s departure. CITY OF OSHKOSH, WI | AUG 5, 2024 CITY MANAGER PAGE 15 Optional Services The Nation’s Recruitment Leader. Having a solid plan in place is the only way to reach your long-term vision and goals, and we want to see you thrive. Our variety of services can be personalized to make the most of your strengths and give you an extra layer of support where you need it. We offer the following additional service offerings: GOVTEMPSUSA Need an Interim? GovTempsUSA, a division of MGT, specializes in the temporary placement of positions in local government. The firm offers short-term assignments in addition to long-term and outsourced arrangements. Our placement professionals at GovTempsUSA have typically enjoyed distinguished careers in local government and displayed a commitment to public service throughout their careers. RECORDED ONE-WAY VIDEO INTERVIEW OF CANDIDATES Candidates we recommend for your consideration can complete a one-way video interview with three to five questions that will be recorded and which you can review electronically at your convenience. This can occur prior to making your decision on which candidates to invite for an interview at a cost of $100 per candidate. LEADERSHIP/PERSONALITY TESTING MGT has experience working with a wide variety of leadership and personality assessment tools, depending on the qualities and experiences the City is seeking in their candidates. These include but are not limited to Luminaspark, Caliper, DISC, and others. Depending on the evaluation type, selected fees can range between $100 to $500 per candidate. 360° EVALUATION As a service to the City, we offer the option of providing you with a proposal for a 360° performance evaluation for the appointed position at six months into their employment. This evaluation will include seeking feedback from both elected officials and department directors, along with any other stakeholder the City feels would be relevant and beneficial. This input will be obtained on a confidential basis with comments known only to the consultant. If you are interested in this option, MGT will prepare a proposal for this service. CITY OF OSHKOSH, WI | AUG 5, 2024 CITY MANAGER PAGE 16 Appendix A . Consultant Biography The biography of our proposed consultant is provided on the following page. APPENDIX A. CONSULTANT BIOGRAPHY CITY OF OSHKOSH, WI | AUG 5, 2024 CITY MANAGER PAGE 17 Lee Szymborski Senior Vice President | GovHR, within MGT’s Social Impact Solutions Lee Szymborski is a Senior Vice President with GovHR USA, working on both executive search and general management consulting assignments. He has more than 33 years of experience in local government administration. Since joining GovHR in 2014, Mr. Szymborski has conducted more than 175 searches spanning all types of municipal positions including City Manager, City Administrator, and department head positions for communities throughout the Midwest, South, and East Coast. He has completed more than 24 management studies and strategic plans for several Wisconsin, Illinois, and Missouri communities; professional associations; and councils of government. He has also been part of GovHR USA’s classification and compensation studies in several Wisconsin, Illinois, Minnesota, and Massachusetts communities. Mr. Szymborski’s experience spans both Wisconsin and Illinois communities. He served more than 15 years as City Administrator in Mequon, Wisconsin. Mequon is a full service city with $30 million in combined budgets and more than 170 employees serving 23,000 residents. He also worked for the City of Wauwatosa and Milwaukee County. In Illinois, Mr. Szymborski served for 12 years as Assistant Village Manager in Buffalo Grove. Mr. Szymborski’s track record points to a results-oriented approach to municipal government management. That is demonstrated by his work, including the purchase of a $14M private water utility that has seen its customer base increase under city ownership (Mequon); reorganizing city departments and reducing workforce costs in an organizationally sensitive manner (Mequon); spearheading a 10-community oversight committee to secure the startup of commuter rail service (Metra) on the WI Central railway (Buffalo Grove); and re-purposing TIF funds to provide incentives that secured a $16M mixed -use development in Mequon’s Town Center. Additionally, he is skilled in budgeting, personnel administration, community engagement efforts , and strategic planning. Mr. Szymborski’s experience in recruiting key staff extends back to his management roles in both Buffalo Grove and Mequon. In Buffalo Grove, he handled all aspects of recruiting the management team, and managed the Village’s HR efforts. During his time in Mequon, Mr. Szymborski recruited all members of the City’s management team. Professional Education Memberships & Affiliations Master of Science in Urban Affairs, University of Wisconsin – Milwaukee Bachelor of Arts in Political Science and English, University of Wisconsin – Milwaukee Mequon Police Commission Mequon-Thiensville Sunrise Rotary Club Board of Directors for the Mequon Nature Preserve International City/County Management Association Wisconsin City/County Management Association Former President Illinois Association of Municipal Management Assistants Former President Mequon-Thiensville Sunrise Rotary Club Professional Development & Speaking Engagements Speaker at state City Management Association meetings in Wisconsin, Illinois, and Missouri Former Adjunct Instructor at Upper Iowa University - Milwaukee Center and Concordia University Wisconsin Published articles in Public Management Magazine, Milwaukee Journal Sentinel Awards Mequon – Thiensville Chamber of Commerce’s Distinguished Service Award Professional Background Over 33 Years of Experience in Local Government Administratio n.  City Administrator, Mequon, WI, 1999-2014  Assistant Village Manager, Buffalo Grove, IL, 1987-1999  Milwaukee County and City of Wauwatosa, WI, 1980-1986 CITY OF OSHKOSH, WI | AUG 5, 2024 CITY MANAGER PAGE 18 Appendix B. Client List A list of the clients we have had the pleasure of partnering with that complements the City’s recruitment request is provided on the following page. APPENDIX B. CLIENT LIST CITY OF OSHKOSH, WI | AUG 5, 2024 CITY MANAGER PAGE 19 APPENDIX B. CLIENT LIST CITY OF OSHKOSH, WI | AUG 5, 2024 CITY MANAGER PAGE 20 APPENDIX B. CLIENT LIST CITY OF OSHKOSH, WI | AUG 5, 2024 CITY MANAGER PAGE 21 APPENDIX B. CLIENT LIST CITY OF OSHKOSH, WI | AUG 5, 2024 CITY MANAGER PAGE 22 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 :August 14, 2024 SUB JEC T:SUB JEC T :**Res 24-469 **Approve General Development Plan and Specific Implementation Plan for a Personal Storage Facility at 400 City Center (Plan Commission Recommends Approval) (A p p lica nt H a s Req ues t e d L a yover of This I s s ue t o A ugus t 27t h)(A p p lica nt H a s Req ues t e d L a yover of This I s s ue t o A ugus t 27t h) B A C KGRO UN DBACKGROUND The subject site consists of the City Center building, located at the southeast corner of Jackson Street and Division Street. The City Center building is enveloped by a 16.5-acre condo parcel. The surrounding parent parcel has four street frontages as well as frontage on the Riverwalk. The site was constructed in 1970 and has several commercial and institutional users, and the surrounding area consists primarily of commercial uses. The 2040 Comprehensive Land Use Plan recommends Center City use for the subject site. A N A L Y SI SANALYSIS The applicant is proposing to remodel the northern portion of the City Center building for a personal storage facility use, Extra Space Storage. The personal storage facility will use approximately 75,000 sq. ft. (10%) of the overall building. The applicant is requesting a base standard modification to allow the personal storage facility use as it is not permitted in the Central Mixed Use (CMU) District. According to the applicant, the site will have overhead doors for customer vehicle access and approximately 35 customer cars per day are anticipated. The applicant notes that insufficient parking has been a problem when the site is fully utilized. The storage use will result in a reduction of parking demand for the site as it will only need 4 parking spaces as compared to other commercial uses which have a higher parking demand. The applicant feels that this will help with future parking needs for the site. The applicant states that the space has been on the market for 2 years and has received no interest as the market for large office space has dramatically changed over the last 5 years. They also feel that the proposed use will provide needed storage space for nearby apartment tenants. The proposed building exterior modifications include closing the existing loading dock and providing glass overhead doors as well as painting the concrete panels and installing recyclable metal cladding on portions of the facades. The applicant also proposes using spandrel glass in window openings to shield the view of the storage operations within the building. This is intended to limit the industrial appearance and use of the site. The applicant has submitted plans to remove existing building foundation landscaping for installation of new landscaping. The new landscaping will result in 136% of the existing landscaping points in these areas, which is intended to offset the requested base standard modification (BSM) to allow the prohibited land use. A Plan Commission (PC) workshop was held on May 21, 2024 to discuss the proposed plans. PC was generally supportive of the plans, but voiced concerns with storage along a major thoroughfare, Jackson Street. PC also felt that the proposed building updates could be an improvement to the appearance of the building and it may be an opportunity to add greenspace. 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 Staff expressed concerns with allowing a storage use within the CMU District as the zoning ordinance only allows this use within industrial zoning districts and the use may not fit the character of a downtown area. There are existing personal storage facilities within the City in mixed use zoning districts, such as U-Haul sites on Ohio Street and North Koeller Street, and CubeSmart on South Koeller Street. However, the U-Haul on Ohio Street is zoned Urban Mixed Use (UMU) and was established prior to the current zoning ordinance, making it a legal nonconforming use. The U-Haul and CubeSmart sites along Koeller Street are zoned Suburban Mixed Use (SMU) and were approved with the intent of including commercial out lots along the street frontage to buffer the storage facility from public view. The 2040 Comprehensive Land Use Plan recommendation of Center City is not intended to allow for storage or industrial uses. The site is located within the Downtown Outer Core subarea of the Imagine Oshkosh Plan, which does not list storage or industrial uses as desired land uses. Staff expressed concerns with setting a precedent of allowing a prohibited use that is inconsistent with the Comprehensive Land Use Plan and Imagine Oshkosh Plan for the Center City area. At the July 16, 2024 Plan Commission voiced support for the proposed use developed and made the below findings in support of the proposed development and as justification for the necessary Base Standard Modifications. The attached minutes provide further information related to their comments and decision-making. 1. Does not detract from the physical appearance of the area and actually improves the look of a building that is a long-term staple of our downtown area 2. Produces a logical use for a downtown area that has limited storage opportunities 3. The continued growth of the downtown area for residential use with multi-family housing will necessitate increased convenient self-storage 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 $850,000 on the proposed project. REC O M M E N D A TI ONRECOMMENDATION The Plan Commission recommended approval of the requested General Development Plan and Specific Implementation Plan for a personal storage facility at 400 City Center with findings and conditions as established on July 16, 2024. Please see the attached staff report and meeting minutes for more information. A t t a chment sAttachments RES 24-469 GDP SIP 400 City Center 08/14/2024 24-469 RESOLUTION     LAID OVER 6-1 PRESENT     PURPOSE: APPROVE GENERAL DEVELOPMENT PLAN AND SPECIFIC IMPLEMENTATION PLAN FOR A PERSONAL STORAGE FACILITY AT 400 CITY CENTER INITIATED BY : CITY CENTER ASSOCIATES LLC   PLAN COMMISSION RECOMMENDATION:  Approved         WHEREAS, the Plan Commission finds that the General Development Plan and Specific Implementation Plan for a personal storage facility at 400 City Center, 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 personal storage facility at 400 City Center, 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 Planned Development project design does not detract from areas of natural beauty surrounding the site. 6. The proposed architecture and character of the proposed Planned Development project is compatible with adjacent/nearby development. 7. The proposed Planned Development project will positively contribute to and not detract from the physical appearance and functional arrangement of development in the area. 8. 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. 9. For Planned Development projects that are proposed to be developed in phases, the applicant can provide a timeline for development and can demonstrate that the project would be successful even if all phases were not or could not be completed. 10. 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 Amendment for a personal storage facility at 400 City Center: Does not detract from the physical appearance of the area and actually improves the look of a building that is a long-term staple of our downtown area.  1. Produces a logical use for a downtown area that has limited storage opportunities. 2. The continued growth of the downtown area for residential use with multi-family housing will3. necessitate increased convenient self-storage.   ITEM: GENERAL DEVELOPMENT PLAN AND SPECIFIC IMPLEMENTATION PLAN FOR A PERSONAL STORAGE FACILITY AT 400 CITY CENTER Plan Commission Meeting of July 16, 2024. GENERAL INFORMATION Owner/Applicant: City Center Associates LLC Action(s) Requested: The applicant requests approval of a General Development Plan and Specific Implementation Plan for a personal storage facility. Applicable Ordinance Provisions: Planned Development standards are found in Section 30-387 of the Zoning Ordinance. Property Location and Background Information: The subject site consists of the City Center shopping center building, located at the southeast corner of Jackson Street and Division Street. The City Center building is enveloped by a 16.5-acre condo parcel. The surrounding parent parcel has four street frontages as well as frontage on the Riverwalk. The site was constructed in 1970 and has several commercial and institutional users and the surrounding area consists primarily of commercial uses. The 2040 Comprehensive Land Use Plan recommends Center City use for the subject site. Subject Site Existing Land Use Zoning Commercial Pending CMU-RFO-PD Recognized Neighborhood Organizations Downtown Oshkosh Neighborhood Association Adjacent Land Use and Zoning Existing Uses Zoning North Commercial CMU/UMU/I South Riverwalk I-PD East Commercial CMU West Mixed Commercial/Residential RMU-PD-RFO Comprehensive Plan Land Use Recommendation Land Use 2040 Comprehensive Land Use Recommendation City Center ANALYSIS Use The applicant is proposing to remodel the northern portion of the City Center building for a personal storage facility use (Extra Space Storage). The applicant is requesting a base standard modification (BSM) to allow the personal storage facility use as it is not permitted in the CMU District. According to the applicant, the site will have four overhead doors for customer vehicle access and approximately 35 customer cars per day anticipated. The applicant notes that insufficient parking has been a problem when the site is fully utilized. The storage use will result in a reduction of parking demand for the site as it will only need 4 parking spaces as compared to commercial uses which have a higher parking demand. The applicant feels that this will help with future needs for the site. The applicant states that the property has been on the market for 2 years and has received no interest as the market for large office space has dramatically changed over the last 5 years. They also feel that the proposed use will provide needed storage space for nearby apartments. A Plan Commission workshop was held on May 21, 2024 to discuss the proposed plans. Plan Commission was generally supportive of the plans, but voiced concerns with storage along a major thoroughfare (Jackson Street). Plan Commission also felt that the proposed building updates could be an improvement to the appearance of the building and it may be an opportunity to add greenspace. Staff has concerns with allowing a storage use within the Central Mixed Use District as the zoning ordinance only allows this use within industrial zoning districts and may not fit the character of a downtown area. There are existing personal storage facilities within the City in mixed use zoning districts, such as U-Haul sites on Ohio Street and North Koeller Street and CubeSmart on South Koeller Street. However, the U-Haul on Ohio Street is zoned Urban Mixed Use (UMU) and was established prior to the current zoning ordinance, making it a legal nonconforming use. The U- Haul and CubeSmart sites along Koeller Street are zoned Suburban Mixed Use (SMU) and were approved with the intent of including commercial out lots along the street frontage to buffer the storage facility from public view. The 2040 Comprehensive Land Use Plan recommends Center City use for the subject area. This land use designation is intended to allow for high intensity office, retail, housing, hospitality, conference, and public land uses. The site is located within the Downtown Outer Core subarea of the Imagine Oshkosh Plan. This subarea lists restaurants, retail/service businesses, multi-family residential, entertainment, hotels and hospitality, professional offices, medical practices, and public and institutional buildings as desired land uses. Staff has concerns with setting a precedent of allowing a prohibited use that is inconsistent with the Comprehensive Land Use Plan and Imagine Oshkosh Plan for the Center City area. Staff understands the applicant’s difficulties filling the vacant building space based on current market conditions. However, recommending approval of the proposed personal storage use would not be consistent with established planning/zoning principles. With the proposed use being prohibited in this zoning district, staff recommends Plan Commission determine if granting a Base Standard Modification (BSM) for the proposed use is appropriate for the site. Site Design No changes are being proposed to the existing site layout. Signage The provided elevations include wall signage which appear to be compliant with the maximum wall sign area of 1 sq. ft. per linear foot of building frontage. Final signage plans are addressed under a separate building permit and must comply with CMU District signage standards. Site Lighting No additional lighting is being proposed for the site. Landscaping No additional landscaping is required as no additional building or parking areas are being added to the site. The applicant has submitted plans to remove existing building foundation landscaping for installation of new landscaping. The new landscaping will result in 136% of the existing landscaping points in these areas. If a BSM is granted for the proposed storage use, the new landscaping will serve to offset the BSM request. Storm Water Management/Utilities The Department of Public Works has noted that there is a water main easement on the south end of the building where landscaping will not be allowed. Any site work will require site plan approval. Building Facades Special area design review is required for exterior building modifications within the Riverfront Overlay District (RFO), which may be addressed through the Planned Development. The applicant has submitted plans for exterior modifications for the proposed personal storage facility. The proposed changes are detailed below, as noted by the applicant. North Elevation East End This is currently an open loading dock and visible standby generator. The applicant proposes closing it in with two overhead doors. The windows which flank the existing doors will be covered with a film similar to the window cladding on the rest of the property. This is intended to prevent the interior storage operation from being visible to the street. The masonry panels will be painted to match the Extra Space Storage color palette. North Elevation West End This area will consist of two overhead doors and the main entrance to their space. The far right area will consist of metal cladding to match the color scheme of the building. The other areas will be painted to match. West Elevation of Building This area will be painted to match the remainder of the building using existing contour of the concrete panels. The applicant feels that the building will be enhanced by closing the loading dock and providing glass overhead doors as well as painting the concrete panels and using recyclable metal cladding. Staff is supportive of the proposed exterior modifications as all existing window openings will be maintained and the proposed metal cladding features (33% west wall, 32% north wall) are of a comparable material class to the existing concrete panels. The applicant also proposes using spandrel glass in window openings to shield the view of the storage operations within the building. This serves to limit the industrial appearance of the site. Staff is recommending a condition that all existing window openings be maintained to preserve the commercial appearance of the building. Overall Site The applicant is requesting a BSM to allow a prohibited land use and is also requesting approval of façade renovations. To offset the requested BSM, the applicant is proposing to replace landscaping at 136% of the existing landscape point total. Staff has concerns with allowing a prohibited storage use which conflicts with the recommendations of the Comprehensive Plan and Imagine Oshkosh Plan for the Center City. Therefore, it is appropriate for Plan Commission to determine if and how the industrial use meets the criteria for a Planned Development and required findings. Should Plan Commission recommend approval, staff is supportive of the proposed landscaping and building exterior modifications. FINDINGS Plan Commission will need to determine findings during their deliberation. Section 30-387(C)(6) of the zoning ordinance establishes criteria for Planned Developments. The criteria are listed below. (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. (f) The proposed Planned Development project design does not detract from areas of natural beauty surrounding the site. (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. (j) For Planned Development projects that are proposed to be developed in phases, the applicant can provide a timeline for development and can demonstrate that the project would be successful even if all phases were not or could not be completed. CONDITIONS If Plan Commission recommends approval of the proposed General Development Plan and Specific Implementation Plan, staff recommends the following conditions be included: 1. Base Standard Modification to allow personal storage facility use in Central Mixed Use District (CMU). 2. All existing window openings shall be maintained and not closed or filled. 3. Final landscaping and signage plans shall be reviewed and approved by the Department of Community Development. Plan Commission recommended approval of the requested General Development Plan and Specific Implementation Plan for a personal storage facility with the findings and conditions at 400 City Center on July 16, 2024. The following is Plan Commission’s discussion on the item. Site Inspections Report: Site Inspections Report: Mr. Bowen, Ms. Scheuermann, Ms. Propp, Mr. Nichols, and Ms. Davey reported visiting the site. Staff report accepted as part of the record. The applicant requests approval of a General Development Plan and Specific Implementation Plan for a personal storage facility. 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 applicant is proposing to remodel the northern portion of the City Center building for a personal storage facility use (Extra Space Storage). The applicant is requesting a base standard modification (BSM) to allow the personal storage facility use as it is not permitted in the CMU District. According to the applicant, the site will have four overhead doors for customer vehicle access and approximately 35 customer cars per day anticipated. The storage use will result in a reduction of parking demand for the site as it will only need 4 parking spaces as compared to commercial uses which have a higher parking demand. The applicant feels that this will help with future needs for the site. A Plan Commission workshop was held on May 21, 2024 to discuss the proposed plans. Plan Commission was generally supportive of the plans. Staff has concerns with allowing a storage use within the Central Mixed-Use District as the zoning ordinance only allows this use within industrial zoning districts and may not fit the character of a downtown area. The 2040 Comprehensive Land Use Plan recommends Center City use for the subject area. Storage or industrial uses are not permitted uses based on the Comp. Plan. The site is located within the Downtown Outer Core subarea of the Imagine Oshkosh Plan. Industrial and storage are not listed as desired uses for the area within the Imagine Oshkosh Plan. Staff understands the applicant’s difficulties filling the vacant building space based on current market demands. With the proposed use being prohibited in this zoning district, staff recommends Plan Commission determine if granting a Base Standard Modification (BSM) for the proposed use is appropriate for the site. The applicant provided a landscape plan. They are proposing to remove all existing landscaping that surrounds the building and install new landscaping. The new landscaping will result in 136% of the existing landscaping points. This would serve to offset the BSM if granted for the storage land use. The applicant is proposing to close the loading dock, provide glass overhead doors, paint concrete panels, and utilize metal cladding. Staff is supportive of the proposed exterior modifications as all existing window openings will be maintained and the proposed metal cladding features are of a comparable material class to the existing concrete panels. The applicant also proposes using spandrel glass in window openings to shield the view of the storage operations within the building. This serves to limit the industrial appearance of the site. Staff has concerns with allowing a prohibited storage use and is recommending Plan Commission determine if and how the industrial use meets the criteria for a Planned Development and required findings. Should Plan Commission recommend approval, staff is supportive of the proposed landscaping and building exterior modifications. Mr. Lyons stated because this is inconsistent with our underlying plans for the area, if Plan Commission chooses to recommend approval, they will need to articulate their exact findings on why this should be approved. The normal findings we use cannot be used in this instance, so Plan Commission and Council will have to articulate specific reasons and findings for why, if recommending approval. Ms. Propp opened up technical questions to staff. Mr. Bowen and Ms. Scheuermann wanted clarification on findings. Mr. Lyons stated if there is a motion to approve, there must be findings articulated as part of the motion. Findings are basically your specific reasons why you have come to that conclusion. Findings become part of all ordinances and resolutions. Mr. Nichols wondered how the findings are handled by Council. Mr. Lyons stated Council could adopt the findings that Plan Commission recommends, or they could choose to make their own set of findings. Mr. Nichols wanted to know how many housing units are proposed, right now, for the downtown area. Mr. Lyons will research that. Ms. Propp referenced pages that list findings in the staff report. Ms. Lyons stated findings A through J in the zoning ordinance are examples for a planned development as listed in the ordinance. It gives you some criteria, and types of things you can consider. They are by no means the only things you can consider. Mr. Nielsen stated when staff recommends approval on other planned developments, the findings used are applicable to the specific property/development so they vary. Ms. Propp opened the public hearing and asked if the applicant wanted to make any statements. Kurt Koeppler, of 1726 River Mill Road, resident of Oshkosh for fifty years, and one of the managing partners and owners of City Center. We purchased this property in 2001 and at that time it had a seventy-five percent vacancy rate. Since the purchase, we have invested over twelve million dollars in improvements. The project we are bringing you today is a critical part of our property. The market for large office space is virtually non-existent. Due to Covid more people are working from home. This previously was a US Bank back-room office complex. They downsized because most of their people are working from home. We have had the property on the market for two years and have received no interest. We think that Extra Space Storage will be a great fit for our property and the reasons are as follows: they’re a national chain with over thirty-five hundred locations; they have the largest self-storage facility in the country; parking is a problem at our property when we are full; US Bank tenant required two hundred parking stalls and US Bank (maybe meant to say Extra Space Storage) will require four, so it is a significant downsize of our parking requirements enabling us to offer more parking to future and potential tenants. Extra Space Storage operates more as a retail destination. They have limited access with overhead doors with controlled entrances. Customers will drive up, open one of the overhead doors, pull in, close the door behind them, unload, and then exit. There will be no storage outside of any vehicles. No trailers; no semis; everything will be inside. Will average about thirty-five cars a day. That is the normal car load that would be arriving. We have done extensive research on Extra Space Storage and believe they will be a great asset to our property and to the community. Apartment living has become a way of life for many Americans and the need to put their excess items in storage has become a necessity. Extra Space Storage fits that need. I have toured some of their sites. I have even used some of their sites, and they are first rate. They are well lit, safe, clean, and they couldn’t run a better operation. We plan to make improvements to the exterior of the building to facilitate this need. For the sake of clarity, Mr. Koeppler asked staff to put up the elevations on the screen and he then discussed them in detail. This will be a great upgrade for us. I can’t explain how important it is to our site, to let us maintain the current budget plans that we have that allow us to keep it looking as good as it does. Thank you for your time. I want to commend you on the workshop idea. I have been doing this for a lot of years, and have come before the Plan Commission on numerous occasions. I think the workshop is a great addition to what you guys do. Eric Welhouse, of W2646 Buchanan Road in Appleton WI, is an owner of several Extra Space Storage sites, and the developer working with Mr. Koeppler on the City Center location. Will go over some highlights. This facility will be staffed. There will be access hours, which I think were indicated before in the workshop. The typical hours of operation for staffing are from 9:30 a.m. to 6 p.m., Monday through Friday. Saturday is 9 a.m. to 5 p.m. The access hours are 6 a.m. to 10 p.m. So, it is not like it is open 24/7. It should eliminate loitering and keep everybody’s stuff safe. These are Class A storage facilities. It’s really a different product. Most of the time when people hear of self-storage they think of long buildings with multiple doors, and poorly lit. This is completely opposite. There is LED lighting, it is staffed, and hours of operation. Extra Space Storage is the largest self-storage operator in the United States. They know what they are doing and they do it very well. They coexist in multiple urban settings like this throughout the nation. I can give you examples of those if you’d like. Ms. Propp asked if any members of the public wished to speak. Ms. Propp closed the public hearing and public comments. There was no closing statement from the applicant. Motion by Nichols to approve the General Development Plan and Specific Implementation Plan with the following findings: 1. Does not detract from the physical appearance of the area and actually improves the look of a building that is a long-term staple of our downtown area. 2. Produces a logical use for a downtown area that has limited storage opportunities. 3. The continued growth of the downtown area for residential use with multi-family housing will necessitate increased convenient self-storage. Seconded by Scheuermann. Ms. Propp asked if there was any discussion on the motion. Ms. Scheuermann is overwhelmingly in support of this, mostly for the general look, feel, and need. If you look up the franchise you instantly get a warm feel. This feels more like a business to me, with hours of operation. Less cars coming and going. Seems like a no brainer to me. Mr. Bowen wondered if the social security office is staying in City Center, or if the storage encompasses that area as well. Mr. Koeppler stated that will be staying, as they have a long-term lease. The storage will just be in the old US Bank portion of the building. Mr. Bowen stated activating this space and making sure it remains relevant is a better use than it being vacant and dragging down everything around it. This is something I can definitely get behind. Ms. Davey wondered if they would tear down the building, if their proposal did not pass. Mr. Koeppler stated no. Ms. Davey asked if there are four overhead doors. Mr. Koeppler stated yes. Ms. Propp thinks it is important to maintain the whole City Center, which has become a really important part of downtown. The architecture on this building is unique, and was done by a noted architect. I want to support this. Motion carried 5-0. Page 9 Page 10 Page 11 Page 12 Page 13 Pa g e 1 4 CO N S T R U C T I O N DE S I G N • W E L D I N G 22 0 1 E a s t l i n e R o a d Ka u k a u n a , W I 5 4 1 3 0 Ph o n e : ( 9 2 0 ) 7 6 6 - 9 3 0 5 To l l F r e e : ( 8 0 0 ) 2 3 6 - 1 3 6 9 fo x s t r u c t u r e s . c o m NOT FOR CONSTRUCTION SHEET CONTENTS: PROJECT #: DRAWN BY: SALESMAN: ISSUE RECORD: COPYRIGHT NOTICE: This drawing, design, and detail was made exclusively for the party named in the title block. It is the copyrighted property of FOX STRUCTURES INC. No part hereof shall be reproduced, disclosed, or made available to anyone, by any method without the expressed written consent of FOX STRUCTURES INC. P#=PRELIMINARY PLAN IFS =ISSUED FOR STATE REVIEW IFC =ISSUED FOR CONSTRUCTION A2.3 AERIAL PERSPECTIVE AWS PR O P O S E D R E M O D E L F O R : CI T Y C E N T E R S T O R A G E ------ M. 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UNIT 16 PORT CHARLOTTE FL 33981-6421 OSH CHAMBER OF COMMERCE 120 JACKSON ST OSHKOSH WI 54901-4714 PABST LLC 1660 OSHKOSH AVE STE 100 OSHKOSH WI 54902-2613 101 HIGH AVE LLC 101 HIGH AVE OSHKOSH WI 54901-4808 BROWN BELL PROPERTIES LLC 103 HIGH AVE OSHKOSH WI 54901-4808 DOWNTOWN NBHD ASSOC C/O JESSIE MEIDL 903 W 7TH AVE OSHKOSH WI 54902-5854 MIDDLE VILLAGE NBHD ASSOC C/O KATIE LOFTON 1216 MERRITT AVE OSHKOSH WI 54901-5382 MIDDLE VILLAGE NBHD ASSOC C/O DAVID STUBBE 659 CENTRAL ST OSHKOSH WI 54901-4454 Page 16 MERRITT AV BROAD ST WAUGOO AV OTTER AV E PAR KWAY AV COMMERC E ST N EBRASKA ST W PAR KWAY AV DIVISION ST NORTHWESTERN AV GRA ND ST MT VERNON ST HUDSON AV PEARL AV COURT ST CITY CENTER CAMPUS PL CHURCHAV PEARLAV DAWES ST W 5TH AV E 7TH AVIOWA ST MINNESOTA ST BROAD ST IDA AV CHURCH AV NEBRASKA ST RIVERWAY DR MINNESOTA ST IOWA ST W 6TH AV W 10TH AV W 8TH AV W 5T H AV W 7T H AV JEFFERSON ST UNION AV W 7TH AV W 6TH AV W 8TH AV W 10TH AV E 9TH AV E 8TH AV PL EA SA N T S T MA D IS ON S T OXFORD AV E 10TH AV DIVISION ST FRANKL IN ST MARION RD BROADST STATE ST BROAD ST BROAD ST BR O A D S T PIONEER DR N MAIN ST WASHINGTON AV CEAPE AV WISCONSINST JACKSON ST ALGOMA BLVD OREGON ST HIGH AV W 9T H AV S M AIN ST Oshkosh Oshkosh CityCity Limit LimitCMU CMU CMU CMU CMU CM U CMU CMU-PD CMU-PD CMU-PD CMU-PD CMU-PD CMU-PD-RFO CMU-RFO HIIII I I I I I I I I I I I-PD I-PD I-PD I-PD I-PD I-PD I-PD I-PD I-P D I-PD I-PD-RFO I-PD-UTO I-UTO MR-36 MR-36-UTO RMU RMU-PDRMU-PD RMU-PD RMU-PD RMU-PD-RFO RMU-PD-RFO RMU-PD-RFO RMU-RFO TR-10 TR-10 TR-10 TR-10 TR-10 TR-10 TR-10-PDTR-10-PD UI-R FO UMU UMU UMU UMU UMU UMU UMU UMU UMU UMU UMU-PD UM U-PD UMU-PD UMU-PD UM U-PD -U TO UMU-RFO U M U -U T O UMU-UTO 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: 6/24/2024 1 in = 600 ft 1 in = 0.11 mi¯ZONING MAP 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. 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Forfull disclaimer please go to www.ci.oshkosh.wi.us/GISdisclaimer Page 19 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 :August 14, 2024 SUB JEC T:SUB JEC T :Res 24-470 Approve General Development Plan and Specific Implementation Plan for Parking Lot Reconstruction at 224 State Street (Plan Commission Recommends Approval) B A C KGRO UN DBACKGROUND The subject site consists of a one-acre parcel located at the southeast corner of State Street and Waugoo Avenue. The site includes a commercial building (former Oshkosh Northwestern building) and a parking lot with two garages accessed from Waugoo Avenue. The site is zoned Central Mixed Use District (CMU), and the surrounding area is a mixture of commercial, residential, and institutional land uses. The 2040 Comprehensive Land Use Plan recommends Center City use for the subject area. 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 $175,000 on the proposed project. REC O M M E N D A TI ONRECOMMENDATION The Plan Commission recommended approval of the requested General Development Plan and Specific Implementation Plan for parking lot reconstruction at 224 State Street with findings and conditions on August 6, 2024. Please see the attached staff report and meeting minutes for more information. A t t a chment sAttachments RES 24-470 GDP SIP 224 State St 08/14/2024 24-470 RESOLUTION     CARRIED 7-0     PURPOSE: APPROVE GENERAL DEVELOPMENT PLAN AND SPECIFIC IMPLEMENTATION PLAN FOR PARKING LOT RECONSTRUCTION AT 224 STATE STREET INITIATED BY : MACH IV ENGINEERING AND SURVEYING LLC   PLAN COMMISSION RECOMMENDATION:  Approved         WHEREAS, the Plan Commission finds that the General Development Plan and Specific Implementation Plan for parking lot reconstruction at 224 State 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 parking lot reconstruction at 224 State 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 Amendment for a personal storage facility at 224 State Street:   Base Standard Modification (BSM) to allow reduced side (south) setback to 0’.1. BSM to allow reduced rear (east) setback to 0’.2. BSM to allow reduced bufferyard width to 0’ along the south and east property lines.3. BSM to allow parking row ends without landscaped planter islands.4.   ITEM: PUBLIC HEARING: ZONE CHANGE FROM CENTRAL MIXED USE DISTRICT (CMU) TO CENTRAL MIXED USE DISTRICT WITH A PLANNED DEVELOPMENT OVERLAY (CMU-PD) AND APPROVAL OF A GENERAL DEVELOPMENT PLAN AND SPECIFIC IMPLEMENTATION PLAN FOR PARKING LOT RECONSTRUCTION AT 224 STATE STREET Plan Commission Meeting of August 6, 2024. GENERAL INFORMATION Applicant: Mach IV Engineering and Surveying LLC Owner: Team SNW LLC Action(s) Requested: The applicant requests a zone change from the existing Central Mixed Use District (CMU) to Central Mixed Use District with a Planned Development Overlay (CMU-PD). The applicant also requests approval of a General Development Plan and Specific Implementation Plan for parking lot reconstruction Applicable Ordinance Provisions: Zoning map amendment standards are found in Section 30-381 of the Zoning Ordinance. Planned Development standards are found in Section 30-387 of the Zoning Ordinance. Property Location and Background Information: The subject site consists of a one-acre parcel located at the southeast corner of State Street and Waugoo Avenue. The site includes commercial building area (former Oshkosh Northwestern building) and a parking lot with two garages accessed from Waugoo Avenue. The site is zoned Central Mixed Use District (CMU) and the surrounding area is a mixture of commercial, residential, and institutional land uses. The 2040 Comprehensive Land Use Plan recommends Center City use for the subject area. Subject Site Existing Land Use Zoning Commercial CMU Recognized Neighborhood Organizations River East Neighborhood Association Adjacent Land Use and Zoning Existing Uses Zoning North Commercial/residential/vacant CMU/ I South Institutional & Commercial CMU/I East Institutional I West Commercial CMU Comprehensive Plan Land Use Recommendation Land Use 2040 Comprehensive Land Use Recommendation City Center ANALYSIS Zone Change The applicant is requesting a zone change from the Central Mixed Use District (CMU) designation to Central Mixed Use District with a Planned Development Overlay (CMU-PD) for the subject property. The requested Planned Development Overlay designation is intended to allow for flexibility in the zoning ordinance to allow for reconstruction of the existing legal nonconforming parking lot. The applicant has submitted plans for reconstruction of the parking lot, which will be addressed as a General Development Plan (GDP) and Specific Implementation Plan (SIP) review. Staff is supportive of the proposed rezone as the Planned Development Overlay will assist with providing needed parking for the site. The CMU-PD zoning designation will remain consistent with the 2040 Comprehensive Land Use Plan recommendation of Center City for the subject site. Rezone to CMU-PD Use The applicant is currently converting the south building (216 State Street) to a first-floor restaurant and also plans to add hotel accommodations above the restaurant and in the building immediately to the north (224 State Street) as future phases. The anticipated land uses are permitted in the CMU district. Site Design The applicant is proposing to reconstruct the existing parking lot, which is accessed off of Waugoo Avenue. The proposed parking lot will have 31 parking stalls and includes a refuse enclosure on the south end of the lot, between the existing garage buildings. The proposed plan has 0’ side (south) and rear (east) setbacks and 10’ street side (north) setback for the proposed pavement, where code requires a 5’ pavement setback from all property lines in the CMU district. Base Standard Modifications (BSM) are required for the reduced side and rear setbacks of 0’. Staff is supportive of the BSM requests for reduced side and rear yard setbacks as it will match the existing parking lot setback. The applicant has increased the front setback from the existing 0’ to 10’, which exceeds the code minimum of 5’. The increased front setback will be landscaped to enhance the appearance of the site from the street. Signage No additional signage is being proposed. Site Lighting The applicant has provided a photometric plan that meets minimum lighting levels of 0.4 fc for parking/drive areas. Lighting levels are under the maximum of 1.0 fc at the public right of-way and 0.5 fc at interior property lines. Light fixtures will consist of decorative wall mounts and 17’ light poles with full cut-off fixtures, which is under the maximum fixture height of 20’ for the CMU district. Landscaping Paved area landscaping is required for the proposed parking lot. The CMU district exempts building foundation, paved area, and yard landscaping requirements. Bufferyard landscaping is required along the east and south property lines as it is abutting an Institutional zoning district. Paved Area The paved area requirement of 50 landscaping points per 10 parking stalls or 10,000 sq. ft. of paved area is being met. The code further specifies 30% of all points will be devoted to tall trees and 40% will be devoted to shrubs. Both of these requirements are being met. The landscaping ordinance also includes a requirement that a landscape planter island, including a deciduous tree, be planted at all parking row ends. The applicant is requesting a BSM to allow parking row ends without the required landscape island at 5 parking row ends. Staff is supportive of allowing these parking rows without landscape planter islands to preserve sufficient space for vehicle circulation without losing the needed parking stalls. Bufferyards A 0.3 opacity bufferyard is required along the neighboring Institutional (I) zoned properties to the south and east of the site. The applicant is requesting a BSM to waive the bufferyard requirement along the south and east property lines. According to the applicant, meeting the bufferyard requirement along these property lines would be impractical due to the location of the existing buildings on and adjacent to the site and would cause undue disturbance to the most contaminated area of the site. The applicant also notes that the east and south sides of the parking lot are bordered by Winnebago County buildings that have walls located on the property line. These areas do not receive much sunlight and it would be difficult to maintain plantings. The required trees located close to the building could also potentially cause damage to the foundations from root penetration. The 0.3 opacity bufferyard requirement may be met with 10’ setback and 6’ solid fence or larger setbacks combined with landscaping and lesser fencing. In this particular case, staff feels that requiring a 10’ setback with landscaping and/or fencing would not be conventional as the parking lot abuts existing nonresidential buildings. As previously noted, the applicant has provided a larger (10’) landscaped front setback than required by code. Staff feels that the increased front setback sufficiently offsets the BSM request to waive the bufferyard requirements. Storm Water Management/Utilities The Department of Public Works has noted that work has been coordinated with the Waugoo Construction Project and full site plan approval is required. Building Facades No changes are being proposed to the existing building facades. Modifications to the former Oshkosh Northwestern building were approved through Special Area Design Review in April 2024. FINDINGS/RECOMMENDATION/CONDITIONS In its review and recommendation to the Common Council on an application for a Zoning Map amendment, staff recommends the Plan Commission make the following findings based on the criteria established by Chapter 30-381 (D)(2): (a) Advances the purposes of this Chapter as outlined in Section 30-03 and the applicable rules of Wisconsin Department of Administration and the Federal Emergency Management Agency. (b) Is in harmony with the Comprehensive Plan. (c) Maintains the desired overall consistency of land uses, land use intensities, and land use impacts within the pertinent zoning districts. (d) Addresses any of the following factors that are not properly addressed on the current Official Zoning Map: (ii) Factors have changed (such as new data, infrastructure, market conditions, development, annexation, or other zoning changes), making the subject property more appropriate for a different zoning district. In its review and recommendation to the Common Council on an application for a Planned Development district, staff recommends the Plan Commission make the following findings based on the criteria established by Chapter 30-387 (C)(6): (a) The proposed Planned Development project is consistent with the overall purpose and intent of this Chapter. (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 recommended approval of the zone change, General Development Plan, and Specific Implementation Plan with the findings listed above and the following conditions: 1. Base Standard Modification (BSM) to allow reduced side (south) setback to 0’. 2. BSM to allow reduced rear (east) setback to 0’. 3. BSM to allow reduced bufferyard width to 0’ along the south and east property lines. 4. BSM to allow parking row ends without landscaped planter islands. Plan Commission recommended approval of the proposed General Development Plan and Specific Implementation Plan with the findings and conditions for parking lot reconstruction at 224 State Street on August 6, 2024. The following is Plan Commission’s discussion on the item. Site Inspections Report: Ms. Propp, Mr. Nichols, Mr. Bowen, and Ms. Davey reported visiting the site. Staff report accepted as part of the record. The applicant requests a zone change from the existing Central Mixed Use District (CMU) to Central Mixed Use District with a Planned Development Overlay (CMU-PD). The applicant also requests approval of a General Development Plan (GDP) and Specific Implementation Plan (SIP) for parking lot reconstruction. Mr. Slusarek presented the items and reviewed the site and surrounding area as well as the land use and zoning classifications in this area. The subject site is located at the southeast corner of State Street and Waugoo Avenue. It has a commercial building (former Oshkosh Northwestern building) and a parking lot with two garages accessed from Waugoo Avenue. The applicant is requesting a rezone as they are requesting to reconstruct an existing legal nonconforming parking lot. They are currently in the process of renovating the south building (216 State Street) to a first-floor restaurant and future plans are to add hotel accommodations above the restaurant and in the building immediately to the north (224 State Street). Staff is supportive of the proposed rezone as the Planned Development Overlay will assist with providing needed parking for the site. The applicant is proposing to reconstruct the existing parking lot, which will have 31 parking stalls. The proposed plan has 0’ side (south) and rear (east) setbacks and 10’ street side (north) setback for the proposed pavement, where code requires a 5’ pavement setback from all property lines in the CMU district. Base Standard Modifications (BSM) are required for the reduced side and rear setbacks of 0’. Staff is supportive of the BSM requests for reduced side and rear yard setbacks as it will match the existing parking lot setback. The applicant has increased the front setback from the existing 0’ to 10’, which exceeds the code minimum of 5’. The increased front setback will be landscaped to enhance the appearance of the site from the street. The applicant is requesting a BSM to waive the bufferyard requirement along the south and east property lines. According to the applicant, meeting the bufferyard requirement along these property lines would be impractical due to the location of the existing buildings on and adjacent to the site and would cause undue disturbance to the most contaminated area of the site. The applicant also notes that the east and south sides of the parking lot are bordered by Winnebago County buildings that have walls located on the property line. The applicant is requesting a BSM to allow parking row ends without the required landscape island at 5 parking row ends. Staff is supportive of allowing these parking rows without landscape planter islands to preserve sufficient space for vehicle circulation without losing the needed parking stalls. Staff recommends approval of the zone change, GDP, and SIP with the findings and conditions listed in the staff report. Mr. Kiefer opened up technical questions to staff. Ms. Davey wondered if the parking lot is sealing in something. Mr. Lyons stated yes, this is a capped Department of Natural Resource (DNR) environmental site, so we need to maintain a cap here. This improves the look of the area, and adds some green space. Ms. Davey asked if permeable pavers are an option. Mr. Lyons stated he would want to work with the environmental consultants to see if that is a viable option, given that it is a capped DNR site. That is typically not an option on those types of sites. Mr. Kiefer wondered if the building to the east is right up to the property line. Mr. Lyons stated yes, the County building is, and same thing to the south. Mr. Kiefer wondered what structures would remain on the site. Mr. Lyons stated the two existing garages would remain on site… Mr. Kiefer opened the public hearing and asked if the applicant wanted to make any statements. Susan Hirschberg with RH Design Build, 2050 Menominee Drive in Oshkosh, was available for questions. Kelsie Lally, Lead Design on the project, Director of Team SNW, speaking as the owner’s representative, stated they will have a 35-room hotel in 2026. Here we have 31 parking stalls, and another lot across the street that will provide additional parking. Available for any questions. Mr. Kiefer asked if other members of the public wished to speak. Mr. Kiefer closed the public hearing. There was no closing statement from the applicant. Motion by Davey to adopt the findings and recommendation as stated in the staff report. Seconded by Bowen. Mr. Kiefer asked if there was any discussion on the motion. Motion carried 5-0. Page 10 Page 11 Page 12 Page 14 ZONE CHANGE, GDP, & SIP PC: 8.6.2024 S BAYER HOLDINGS LLC N6053 FOREST RIDGE RD GREEN LAKE WI 54941-9737 JACOPA INC 25 WAUGOO AVE OSHKOSH WI 54901-4848 TEAM SNW LLC C/O TABATHA-GM 216 STATE ST OSHKOSH WI 54901-4839 WINNEBAGO COUNTY C/O FINANCE DEPT PO BOX 2808 OSHKOSH WI 54903-2808 DISCOVERY PROPERTIES LLC 230 OHIO ST STE 200 OSHKOSH WI 54902-5894 HARRY & PRISCILLA KIECKHAFE 702 E IRVING AVE OSHKOSH WI 54901-4643 TEAM SNW LLC 7098 S HIGHWAY 45 OSHKOSH WI 54902-8812 BBLD LLC PO BOX 800 OSHKOSH WI 54903-0800 DALE SCHOOL APTS INC C/O MR CHARLES HERTEL PO BOX 143 OSHKOSH WI 54903-0143 RIVER EAST NBHD ASSOC C/O KATHY WEBB 543 OTTER AVE OSHKOSH WI 54901-5103 RIVER EAST NBHD ASSOC C/O TAMMY HACKETT 349 BOWEN ST OSHKOSH WI 54901-5155 RIVER EAST NBHD ASSOC C/O CARMEN SCOTT 521 OTTER AVE OSHKOSH WI 54901-5103 DOWNTOWN NBHD ASSOC C/O JESSIE MEIDL 903 W 7TH AVE OSHKOSH WI 54902-5854 Page 15 BROAD ST WAUGOO AV OTTER AV E PAR KWAY AV COMMERC E ST MERRITT AV NEBR A SK A S T W PAR KWAY AV DIVISION ST BAY ST NORTHWESTERN AV HUDSON AV PEARL AV COURT ST CITY CENTER BAY SHORE DR W 5TH AV E 7TH AV BOYD ST MONROE ST GRAND ST MT VERNON ST JEFFERSON ST BAY ST BROAD ST MILL ST CHURCH AV MARKETST DIVISION ST BROWN ST MARKETST SCHOOL AV POPLAR AV W 7TH AV W 6TH AV W 8TH AV E 8TH AV PL EA SA N T S T MA D IS ON S T BROAD ST MILL ST BROAD ST DIVISION ST FRANKLIN ST STATE ST BROAD ST CENTRAL ST BROA D S T N MAIN ST CEAPE AV WASHINGTON AV ALGOMA BLVD OREGON ST JACKSON ST HIGH AV S M AIN ST O s h k o s hOshkoshCityCityLimitLimit CMU CMU CMU CMU CMU CMU CMU-PD CMU-PD CMU -PD CMU-PD CMU-PD-RFO CMU-RFO CMU-RFO I I I I I I I I-PD I-PD I-PD I-PD I-PD I-PD I-PD I-PD I-PD-RFO I-UTO MR-20 MR-36 MULTIPLE RMU-PD RMU-PD RMU-PD RMU-PD-RFO R M U -R F O SR-9 TR-10 TR-10 TR-10 TR-10 TR-10-PD TR-10-PD UMU UMU UMU UMU UMU UMU UMU UMU UMU UMU UMU-PD UMU-PD UMU-PD UMU-PD UMU-PD-UTOUMU-RFO 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: 7/15/2024 1 in = 500 ft 1 in = 0.09 mi¯ZONING MAP 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 WAUGO O AV J E F F E R S O N S T MT VER NON ST OTTER AV S T A T E S T COURT ST WASHINGTON AV J:\GIS\Planning\Plan Commission Site Plan Map Template\2023 Plan Commission Site Plan Map Template.mxd User: katrinam Prepared by: City of Oshkosh, WI Printing Date: 7/15/2024 1 in = 100 ft 1 in = 0.02 mi¯AERIAL MAP 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 TO :T O :Honorable Mayor and Members of the Common Council FRO M :FRO M :Mark Rohloff, City Manager D A TE :D A T E :August 14, 2024 SUB JEC T:SUB JEC T :Res 24-471 Approve Amendment of Terms of Approval for American Rescue Plan Act (ARPA) Funds to Operation DREAM North B A C KGRO UN DBACKGROUND On July 9, 2024, the Common Council approved a grant in the amount of $126,000 for Operation DREAM North. Their original grant request was for over $275,000, with a project budget that indicated they would also raise $77,000. After I discussed the lower recommended grant amount with Operation DREAM North President Rodney Bourrage, he asked if his fundraising amount could be lowered to $30,000 given the reduced level of the grant. I thought that was a reasonable request and incorporated this reduced amount into the grant award recommendation. In my view, the $30,000 of donations should be viewed as a grant match, and I communicated that intent with Council in my memo recommending the grant. As Mr. Bourrage and I have been discussing the terms of his contract following the grant approval by Council, he indicated that it was not his expectation to provide that $30,000 as a match for the grant. In fact, Mr. Bourrage had assumed that he would receive the entire $126,000 up front. Future discussions included trying to find a way to provide a slight upfront disbursement of funds, but Mr. Bourrage has indicated that he needs more funds up front in order to begin his fundraising and to begin his program by September 1st. This represents a significant departure from how we have done previous ARPA grants, as well as other federal funds that we have dispersed to community groups, such as our Community Development Block Grant (CDBG) program. Given that I had represented to Council that there would be matching funds, and that there would be no upfront disbursement, I believe that Council should approve the revised conditions. A N A L Y SI SANALYSIS I had asked Mr. Bourrage to provide me with a revised request for disbursement of funds. This request is incorporated into the revised contract and accompanying exhibit that sets the terms of approval for the grant. Operation DREAM North is requesting upfront funds of approximately $74,900. I have amended the proposed grant agreement to allow that initial disbursement, with a subsequent disbursement of the remaining funds after documentation for the initial $74,900 disbursement is received and approved. As I have previously indicated, this manner of disbursement is a significant departure from what we have done with other grant recipients. If approved, this may set a precedent for other groups with whom we are currently providing drafts of their ARPA agreements. With that said, some of the community groups who have been awarded ARPA funds may be in a different financial situation than other more well- established nonprofit groups, who may have more financial resources to be able to absorb costs until such time as they are reimbursed. As a result, I may be receiving additional requests of this nature and would need to bring those agreements to Council for approval if this amendment is authorized. FI SC A L I M P A CTFISCAL I M P A C T From a financial accountability standpoint, disbursing funds without prior documentation is a departure from our practices with other grants. If a group approved for upfront distribution of funds fails to provide documentation, after the fact, it may be difficult to recover these funds if they are disallowed per our agreement. This may result in funds being withheld for future disbursements, and may also result in us not having final full documentation for these grants. I want Council to understand the risks that we are running should we award these grants in this fashion. A t t a chment sAttachments RES 24-471 Operation DREAM North Grant Agreement 8/14/2024 24-471 RESOLUTION     WITHDRAWN              PURPOSE: APPROVE AMENDMENT TO TERMS OF APPROVAL OF AMERICAN RESCUE PLAN ACT (ARPA) FUNDS TO OPERATION DREAM NORTH IN THE AMOUNT OF $126,000.00 INITIATED BY : CITY MANAGER         WHEREAS, the City of Oshkosh (“City”) was allocated approximately $20.5 million in  Federal  funds  under  the  American  Rescue  Plan  Act  (ARPA)  for  various eligible purposes including, among other things, public infrastructure projects, as well as support to entities negatively impacted by the COVID-19 pandemic; and     WHEREAS, on September 28, 2021, the Common Council for the City of Oshkosh adopted Resolution 21-498, creating parameters for usage of American Rescue Plan Act (ARPA) funds; and     WHEREAS, Resolution 21-498 specified that funds spent on non-City programming or direct assistance should be about 25 percent of all ARPA expenditures, which represents approximately $5.1 million of the total ARPA allocation; and     WHEREAS, after an initial round of awards and disbursements in the amount of $2,766,578.79, Council directed staff to solicit additional proposals for the allocation of the remaining $2,362,042.21 in ARPA funds; and      WHEREAS, after a public informational campaign and solicitation for proposals, City staff reviewed 51 applications for ARPA funds, taking into consideration ARPA allocation guidelines adopted by the Federal Government, goals identified in the city’s Strategic Plan, goals established by the Common Council for the City Manager, emerging needs identified through the city’s most recent strategic planning process, and priorities identified by Council during a discussion at their May 14, 2024 Council meeting; and     WHEREAS, Council approved the allocation of the remaining $2,362,042 in ARPA funds on July 9, 2024, including allocating $126,000 in ARPA funds to Operation DREAM North, Inc. via Resolution 24-408; and     WHEREAS, the memo to support Resolution 24-408 indicated that the grant would require $30,000 in matching funds, and made no mention of upfront disbursement of funds, which would have represented a significant departure from how the City has conducted prior grants of federal funds; and     WHEREAS, Operation DREAM North, Inc. is requesting an upfront disbursement of $74,900 of their grant award to help them with programming costs they are unable to absorb until such time as they can be reimbursed; and      WHEREAS, the City has drafted an agreement that allows for that initial disbursement, with a subsequent disbursement of the remaining funds after documentation for the initial disbursement of $74,900 is received and approved by the City.  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 grant agreement with Operation DREAM North, Inc. in the amount of $126,000.00 in substantially the same form as attached hereto, any changes in the execution copy being deemed approved by their respective signatures, and said City officials are authorized and directed to take those steps necessary to implement the terms and conditions of the Agreement as amended by this Resolution.  BE IT FURTHER RESOLVED that grant funds approved by Council in this Resolution that fail to meet the BE IT FURTHER RESOLVED that grant funds approved by Council in this Resolution that fail to meet the requirements of the individual grant or are otherwise not used and/or require reallocation shall be allocated to an infrastructure project that would otherwise be funded with debt or fund balance dollars, as deemed appropriate by the City’s Finance Director.    This Agreement is between the City of Oshkosh, a Wisconsin municipal corporation (hereinafter “CITY”), and Operation DREAM North, Inc., PO Box 1764, Oshkosh, Wisconsin 54903, a Wisconsin nonprofit corporation (hereinafter “GRANTEE”). WHEREAS, the CITY was allocated approximately $20.5 million in federal funds under the American Rescue Plan Act (ARPA) for various eligible purposes, including, among other things, support to entities negatively impacted by the COVID-19 pandemic; and WHEREAS, on September 28, 2021, the Oshkosh Common Council adopted Resolution 21–498, creating parameters for usage of American Rescue Plan Act funds and specifying that funds spent on non-CITY programming or direct assistance should represent approximately 25% of all ARPA expenditures, providing approximately $5,128,000 of the total ARPA allocation for this purpose.; and WHEREAS, on July 9, 2024, the Oshkosh Common Council approved Resolution 24-408, awarding a grant to GRANTEE for youth development program; and WHEREAS, GRANTEE is a Wisconsin nonprofit agency that has created a program to provide essential services for youth by collaborating with schools and families to enhance academic, social, and emotional learning along with extracurricular activities with a goal of offering alternatives to negative influences and to support personal development; and WHEREAS, the CITY wishes to award a grant to GRANTEE to support a youth development program operated by GRANTEE to provide services to members of the Oshkosh community. Now, therefore, the parties agree as follows: Section 1. Status of GRANTEE. GRANTEE represents and warrants that it is a nonprofit organization in good standing under the law, and shall remain as such for the term of this Agreement. GRANTEE represents and warrants that its signatory is authorized to bind GRANTEE and execute this Agreement on GRANTEE’s behalf. Section 2. Payment of Grant Award. CITY hereby agrees to pay GRANTEE an amount not to exceed $126,000.00 (hereinafter the “grant award”) according to the terms and conditions set forth in Exhibit A of this Agreement. Section 3. Expenditure of Grant Award. GRANTEE shall expend the grant award solely on the programs and/or projects set forth in Exhibit A. The grant award must be expended by December 31, 2026. Any expenditure that does not comply with this Agreement shall constitute a disallowed cost (“disallowed cost”) and be subject to reimbursement as specified in Section 15 of this Agreement. Under no circumstances shall GRANTEE extend any portion of the grant award for purposes not specified in this Agreement, or for any other purpose prohibited under law. Section 4. Acknowledgment of Funding Source. Unless otherwise agreed upon in writing between the parties, the GRANTEE agrees that within any publications, studies, or reports which are made possible by or derived, in whole, or in part, from the grant award; and within any news, articles, brochures, seminars, or other promotional materials, or media, or events, through which GRANTEE may publicize the programs or projects, funded in whole or in part by CITY; GRANTEE will acknowledge the CITY support in the following manner: “Funding for this project has been provided by the City of Oshkosh.” Section 5. The Parties’ Relationship. This Agreement shall not be construed as giving rise to any agency, partnership, joint venture, or employment relationship between CITY and GRANTEE. GRANTEE shall have no ability to bind the CITY, and will not hold itself out, as having any such ability. Neither GRANTEE, nor any of GRANTEE’s officers, employees, agents, or subcontractors, if any, is an employee of CITY by virtue of this Agreement. GRANTEE’s employees and agents shall not be entitled to any salary or benefit relating to CITY employment. Section 6. No Assignment. GRANTEE shall not assign this Agreement without CITY’s written authorization. Any unauthorized assignment shall be void and shall be considered a material breach of this Agreement. Section 7. Indemnification. GRANTEE shall indemnify, hold, harmless, and defend CITY, its common council, officers, officials, directors, employees, agents, volunteers, and affiliates, and each of them from any and all claims, demands, causes of action, damages, costs, expenses, attorney’s fees, consultant’s fees, expert fees, losses or liability, in law, or in equity, of every kind and nature whatsoever arising out of or in connection with this Agreement, GRANTEE’s performance hereunder, GRANTEE’s or subcontractor’s negligence, including active or passive, or strict liability, including but not limited to personal injury, including, but not limited to, bodily injury, emotional injury, sickness or disease, or death to persons and/or damage to property of anyone, including loss of use thereof, caused or alleged to be caused by any act or omission of GRANTEE, or any subcontractor, or anyone directly or indirectly employed by any of them, or anyone for the full period of time allowed by law, regardless of any limitation of coverage by insurance, with the exception of the sole negligence or willful misconduct of the CITY. The provisions of this section shall survive the expiration or termination of this Agreement. Section 8. Insurance Requirements. GRANTEE agrees to comply with all of the insurance requirements set forth in Exhibit C, entitled “Insurance Requirements.” Failure to maintain required insurance at all times shall constitute a default and material breach. Section 9. Non-Discrimination. In performing this Agreement, GRANTEE shall ensure that any and all contractors are subcontractors, employees, agents, volunteers, officers, officials, directors, volunteers, and affiliates also shall not, discriminate, harass, or allow harassment against any person on the basis of sex, race, color, ancestry, religion, creed, national origin, physical disability, mental disability, mental condition, age, marital status, sexual orientation, or any other basis prohibited under law. Section 10. Compliance with All Applicable Laws. In performing this Agreement GRANTEE warrants that it shall comply with all applicable state, federal, and CITY laws, rules, and regulations whether now in force or hereinafter enacted. Section 11. Accounting. For purposes of performance under this Agreement, and receipt and expenditure of grant award, GRANTEE shall at all times, maintain an accounting system that comports with generally accepted accounting principles. Section 12. Financial Records and Financial Report. GRANTEE shall maintain satisfactory financial accounts, books, records, documents, and other evidence, sufficient to properly reflect the amount, receipt, and expenditure of Grant award. GRANTEE shall submit to CITY a final report in the form identified in Exhibit B. The CITY reserves the right to request quarterly reports relating to the expenditure of the grant award or additional information as needed, also in in the form identified in Exhibit B. Said final report shall be submitted to CITY within thirty (30) calendar days following the full expenditure of the grant award, or within ninety (90) calendar days following receipt of the funds, whichever is later. All financial records and financial reports shall be prepared in accordance with generally accepted accounting principles. The annual and quarterly reports shall be public records and may be posted on the CITY’s website. Failure to maintain proper financial records and submittal of timely financial reports shall be cause for termination as outlined in this Agreement (see Section 17). Section 13. Audit and Examination. Consultant shall fully and completely cooperate with the CITY, the CITY’s insurer, the CITY’s attorneys, the CITY’s Auditors or other representative of the CITY (collectively, the “CITY” for purposes of this Article). a. Cooperation is expected in connection with any internal or governmental investigation or administrative, regulatory, arbitral or judicial proceeding (collectively “Litigation”) or internal or governmental Audit, with respect to matters relating to this Agreement. b. Examples of expected cooperation may include, but shall not be limited to, responding to requests for documents and/or other records, and making Consultant’s employees available to the CITY (or their respective insurers, attorneys or auditors) upon reasonable notice for: (i) interviews, factual investigations, and providing declarations or affidavits that provide truthful information in connection with any Litigation or Audit; (ii) appearing at the request of the CITY to give testimony without requiring service of a subpoena or other legal process; (iii) volunteering to the CITY all pertinent information related to any Litigation or Audit; and (iv) providing information and legal representations to auditors in a form and within a timeframe requested. c. GRANTEE shall not be entitled to additional compensation for employee services, time or materials necessary for the provision of records under this Section. d. Failure to comply with the request for audit, or a lack of documentation in records may cause termination of this Agreement (see Section 17). Termination of this Agreement for failure to comply may result in all funding becoming disallowed under the terms of this Agreement. Upon termination for failure to comply with this paragraph GRANTEE will promptly repay to CITY on CITY’s demand all unused or disallowed funds. Section 14. Preservation of Records. CITY is a governmental entity that is required to comply with Wisconsin Public Records Law. GRANTEE shall preserve and make available all records related to the performance of this Agreement and related to the receipt and expenditure of the grant award until the expiration of seven (7) years from the date of final payment to GRANTEE, or as required by applicable law, whichever is longer. Notwithstanding the above, if there is litigation, claims, audits, negotiations or other actions that involve any of the records cited and that have started before the end of the agreement, then such records must be retained until completion of the actions and resolution of all issues. Section 15. Reimbursement of Disallowed Costs. Within ten (10) business days of the date of CITY’s written notice to GRANTEE, GRANTEE agrees to reimburse to CITY any portion of the grant award paid by the CITY, which CITY has, in its sole discretion, determined constitutes a disallowed cost. Section 16. Term. This Agreement shall be for a term commencing on August 1, 2024, and expiring on December 31, 2026 or upon acceptance by the CITY of the Final Financial Report whichever is later; unless terminated sooner per this Agreement. Provisions pertaining to liability, preservation of records, and cooperation in audits shall survive termination. Section 17. Termination. The CITY may terminate this Agreement at any time, whenever it is determined that the GRANTEE has failed to comply with the conditions of this Agreement. In the event there is cause to believe the GRANTEE is in noncompliance with this Agreement or any applicable rules or regulations, the CITY shall promptly notify the GRANTEE in writing of the determination of non-compliance, together with the effective date of termination, which shall not be less than thirty (30) days from the date of the notice. If the GRANTEE does not correct the noted deficiencies during the correction period above, this Agreement shall terminate. Provisions pertaining to liability, preservation of records, and cooperation in audits shall survive termination. Section 18. Notice. All notices or instruments required to be given or delivered by law or this Agreement shall be in writing, and shall be effective and any applicable time period shall begin the fifth (5th) calendar day from the date of mailing, or if personally delivered, from the date of personal delivery. If notice is given by mail, it shall be delivered by depositing the same in any United States post office, registered or certified mail, postage, prepaid, addressed to: CITY: Mark Rohloff, City Manager City of Oshkosh 215 Church – PO Box 1130 Oshkosh WI 54903 (920) 236-5002 GRANTEE: Operation DREAM North, Inc. PO Box 1764 Oshkosh, WI 54903 (920) 203-4133 Section 19. Severability. If any term, covenant, condition or provision of this agreement shall be invalid or enforceable, the remainder of this agreement shall not be affected thereby the remainder of the agreement shall be valid and enforceable to the fullest extent permitted by law. Section 20. Waiver. The election to enforce or not enforce, as well as the timing of enforcement, shall be at each party’s sole discretion and shall not act as a waiver of any rights to exercise any right relating to this agreement in the future. Section 21. Amendment. This Agreement may be amended at any time only by a written modification mutually agreeable to both parties hereto . Any request by the GRANTEE for amendments must be in writing, stating the amendment request and reason for the request. The GRANTEE shall make request in a timely manner, and in no event, less than thirty (30) calendar days before the effective date of the proposed amendment. Section 22. No Third-Party Beneficiaries. Notwithstanding any provisions pertaining to third parties contained within this agreement, none of the obligations contained in this agreement shall run to or be enforceable by any party who is not a party to this agreement. Section 23. Choice of Law. The laws of the State of Wisconsin shall govern the interpretation and construction of this Agreement. Winnebago County shall be the venue for all disputes arising under this Agreement. Section 24. Agreement not to be Construed against Either Party. This Agreement is the product of negotiation between the parties hereto and no term, covenant or provision herein or the failure to include a term, covenant or provision shall be construed against any party hereto solely on the basis that one party or the other drafted this Agreement or any term, covenant or condition contained herein. Section 25. List of Exhibits: Exhibit A – Scope of Work Exhibit B – Grant Agreement Report Exhibit C – Insurance Requirements Section 26. Entire Agreement. This Agreement, and any attached Exhibits shall constitute the entire Agreement between the parties here to relating to the Grant Award, and may not be modified except by an instrument in writing, signed by the parties hereto. Section 27. Signatures. By placing their signatures below, each individual affirms that the entity they represent is authorized to enter into this Agreement, and further affirm that they are authorized by the entity they are representing to bind their respective parties to the terms and conditions of this Agreement. Agreed to this ____ day of ______________, 2024 Operation DREAM North, LLC PO Box 1764 Oshkosh, WI 54903 By: Name:________________________ City of Oshkosh 215 Church – PO Box 1130 Oshkosh WI 54903 By: Mark Rohloff, City Manager By:___________________________ Lynn Lorenson, City Attorney By:___________________________ Diane Bartlett, City Clerk By:___________________________ Julie Calmes, Finance Director EXHIBIT A SCOPE OF WORK Project Description: Operation DREAM North will use the requested funds to provide a youth development Saturday program in Oshkosh. This program will be open to all youth, grades K-12 on Saturdays. The funding is to establish the youth development program to provide essential services for youth, collaborating with schools and families to enhance academic, social, and emotional learning, along with extracurricular activities with a goal of offering alternatives to negative influences and to support personal development. Funding will provide transportation, food, and support for positive engagement, through organizing educational outings and partnering with local businesses and community organizations. Deliverables & Performance Measures: • Establish a location that can serve up to 50 students, with the intention of growing over time • Maintain attendance records • Conduct before/after service surveys with report cards and testimonials Payment Schedule & Eligible Expenditures: In accordance with guidance from the United States Department of the Treasury with respect to Coronavirus State and Local Fiscal Recovery Funds, recipients are subject to laws and regulations applicable to Federal financial assistance programs (https://home.treasury.gov/system/files/136/SLFRF-Final-Rule-FAQ.pdf). Funding used for ineligible expenditures will require repayment to the City of Oshkosh (“City”). Eligible expenditures are defined in the table below. Eligible Expenses: Allowable Amount (up to): Mentor Salaries $15,000.00 Capacity Costs, to include: Office occupancy Professional development Marketing/printing Office supplies Website and domain $30,500.00 Community Program Costs, to include: Venue/Facility Rent “Go Forward to Work” Program Academic Year Program Field trips Food Transportation $80,500.00 Total of Eligible Expenses: $126,000.00 Pursuant to the terms of this Agreement, the City will provide total payment of up to $126,000.00 to Operation DREAM North as follows: • Within ten (10) business days following execution of the Agreement and receipt of required documents, including IRS Form W-9 (Request for Taxpayer Identification Number and Certification), $74,900.00 shall be distributed to cover initial start-up costs of the above programs. • Within ten (10) business days following the receipt and acceptance by the City of documentation of the initial disbursement, the remaining amount of up to $51,100.00 may be disbursed for the remaining eligible program costs. Documentation of costs should be made by completing the form shown in Exhibit B or in a format substantially similar to Exhibit B. o For each disbursement request, receipts, invoices, payroll records or other documentation acceptable to the City must be provided to demonstrate that the prior disbursement’s expenditures were for eligible expenses (as defined in the above table). This documentation must accompany the disbursement request in order to be considered for subsequent disbursements. If Operation DREAM North is unable to produce such documentation, the disbursement will be denied and the grant agreement may be terminated, at the City’s sole discretion. • Regardless of when a second disbursement may be made, the documentation of the initial $74,900.00 must be received and approved by November 1, 2024 in order for any subsequent disbursements to occur. Failure to provide such documentation may result in the remainder of the grant being disallowed. • After the final disbursement, Operation DREAM North must provide documentation of all eligible expenses within thirty (30) days of the final expenditure, and no later than ninety (90) days after the final disbursement, whichever is later. Exhibit B Grant Agreement Report Grantee Information Organization: __________________________________ Contact Person: ____________________________________ Phone Number and Email: ____________________________________ Reporting Period: _________________________________________________ Grant Amount: ____________________________ Funding expended during the reporting period: _____________________________ Funding expended to date: _______________________ Remaining award amount: _______________________ Award Details Receipts and thorough documentation of grant fund expenditures have been included with this report: ☐ yes ☐ no Grantee Representative Signature I hereby declare that the goods or materials covered by this report are complete and accurate, and are eligible under the agreement. Printed Name: _______________________________ Title: _______________________________ Signature: _______________________________ Date: _______________________________ EXHIBIT C INSURANCE REQUIREMENTS Grantee shall procure and maintain for the duration of this Agreement, including any extensions thereto, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of services hereunder by the Grantee, their agents, representatives, or employees or subcontractors. It shall be a requirement under this Agreement that any available insurance proceeds broader than or in excess of the specified minimum Insurance coverage requirements and/or limits shall be available to the Additional Insured. Furthermore, the requirements for coverage and limits shall be (1) the minimum coverage and limits specified in this Agreement; or (2) the broader coverage and maximum limits of coverage of any Insurance policy or proceeds available to the named Insured; whichever is greater. No representation is made that the minimum Insurance requirements of this agreement are sufficient to cover the obligations of the Grantee under this agreement. MINIMUM SCOPE AND LIMIT OF INSURANCE Coverage shall be at least as broad as: 1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit (i.e., $2,000,000). 2. Automobile Liability: Insurance Services Office Form Number CA 0001 covering Code 1 (any auto), or if Grantee has no owned autos, Code 8 (hired) and 9 (nonowned), with limits no less than $1,000,000 per accident for bodily injury and property damage. 3. Workers’ Compensation insurance as required by the State of Wisconsin, with Statutory Limits, and Employers’ Liability insurance with a limit of no less than $1,000,000 per accident for bodily injury or disease. (WC insurance is not required if the grantee provides written verification it has no employees). 4. Professional Liability (Errors and Omissions) Insurance appropriates to the Grantee’s profession, with limits no less than $1,000,000 per occurrence or claim, $2,000,000 policy aggregate. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions: 1. The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Grantee including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Grantee’s insurance (at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10 10 01 and CG 20 37 10 01 forms if later revisions used). 2. For any claims related to this contract, the Grantee’s insurance coverage shall be primary insurance as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be in excess of the Grantee’s insurance and shall not contribute with it. 3. Each insurance policy required by this clause shall provide that coverage shall not be canceled, except with thirty (30) days prior written notice to the City. Waiver of Subrogation Grantee hereby grants to City a waiver of any right to subrogation which any insurer of said Grantee may acquire against the City by virtue of the payment of any loss under such insurance. Grantee agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. Deductibles and Self-Insured Retentions Any deductibles or self-insured retentions must be declared to and approved by the City. The City may require the Grantee to provide proof of ability to pay losses and related investigations, claim administration and defense expenses within the retention. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of no less than A:VII, unless otherwise acceptable to the City. Claims Made Policies If any coverage required is written on a claims-made basis: 1. The retroactive date must be shown, and this date must be before the execution date of the contract or the beginning of contract work. 2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of contract work. 3. If coverage is canceled or non-renewed, and not replaced with another claims made policy form with a retroactive date prior to the contract effective date, the Grantee must purchase extended reporting period coverage for a minimum of five (5) years after completion of contract work. Verification of Coverage Grantee shall furnish the City with original certificates and amendatory endorsements or copies of the applicable insurance language, effecting coverage required by this contract. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Grantee’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements, required by these specifications, at any time. Subcontractors Grantee shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Grantee shall ensure that City is an additional insured on insurance required from subcontractors. For CGL coverage subcontractors shall provide coverage with a format least as broad as CG 20 10 10 01 and CG 20 37 10 01. Special Risks or Circumstances City reserves right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. SUB JEC T:SUB JEC T :Fireworks Regulation and Enforcement (Larson) D A TE :D A T E :August 14, 2024 TO :T O :Honorable Mayor and Members of the Common Council FRO M :FRO M :Jim Collins, Director of Transportation D A TE :D A T E :August 14, 2024 SUB JEC T:SUB JEC T :Discussion of Street Lighting Policy (Larson) B A C KGRO UN DBACKGROUND Recently, Wisconsin Public Service (WPS) began the replacement of old concrete streetlight poles in a neighborhood on the northeast side of the city. This project and the WPS policy change was explained to Council at the January 10, 2023, Council meeting. The implementation of that policy change and this project was initially supposed to begin in 2023, but has only recently begun. The old concrete poles have been deemed structurally deficient and in need of replacement by WPS. In recent years, WPS was purchased by WE Energies. WE Energies' (and consequently WPS's) new standard is to use wood poles. Any pole other than wood is now considered an upgrade and subject to an additional charge to the City, which is unbudgeted and could have significant financial implications for the City. Prior to WE Energies' acquisition, WPS would occasionally replace older concrete poles with fiberglass at no additional cost. Since the WPS standard has been changed, this is no longer the case. Following the presentation to Council, no change in City policy was made, so no further action was taken by Council. Staff did, however, agree to upgrade wooden poles to fiberglass along city gateway corridors administratively, and that cost was budgeted. WPS owns 74% of the streetlights in the city. The remainder are owned by the City, and the City standard remains aluminum or steel poles, as that is what we believe is the most cost-effective option for us. We have been replacing WPS poles with City poles during street reconstruction projects, but those represent a limited number of poles given the number of poles owned by WPS city-wide. Now that WPS is beginning to implement its new replacement policy, people are now noticing the new wooden poles. Please note, however, that there are also quite a few wooden poles in the surrounding area and neighborhoods as well. A presentation on this topic was made to the Common Council in January of 2023 (attached). The direction given at that time was fiberglass poles on Jackson Street and gateways and make no change to the WPS standard (now changed to wooden poles) on residential streets. The exception would be if a street was being reconstructed and the City could install our own City-owned street lighting. In those cases, the cost is budgeted for in the capital project. The City's streetlight policy has not changed. Please note that the costs in the presentation are from January 2023 and have increased since then. A t t a chment sAttachments Streetlight Presentation to Council, January 10, 2023 ❖ ❖ 2 (Estimated combined total) ❖ ❖ ❖ ❖ 3 Cement pole w/coach fixture ✓ ✓ ✓ 4Wood pole with black arm 5 Fiberglass pole with cobra style fixture 6 Fiberglass pole with post top style fixture 10-year Annual cost: $5,349.85 per light 7 Increase street lighting district utility budget Example: San-Diego, CA Districts are developed and if vast majority of residents agree on style (70%) –only that District absorbs the extra expense Neighborhood or another group petitions to upgrade street lighting and signs agreement to pay for installation and on-going maintenance fees ➢ ➢ 8 Black Fiberglass Pole w/Cobra Style Fixture Current pole with deterioration Replacement pole 9 ➢City pays for installation of WPS decorative black street light and utility pole on major corridors and on-going replacement fees (approximate up front cost: $2,000/pole) ➢WPS installs wood poles in non-corridor areas ➢Neighborhood create a “street lighting district” and sign an agreement for installation and on-going replacement fees to opt for decorative style post and fixture ➢Switch to city owned streetlight and install aluminum or steel pole if the following criteria is met: ✓New road construction project ✓Minimum of 5 street lights are planned for the area ✓Makes aesthetics sense with neighboring streets ✓Funding is available in budget 10 Questions & Answers Contact Information: Jim Collins Dan Kussmann 920-232-5342 920-232-5350 jcollins@ci.Oshkosh.wi.us dkussmann@ci.Oshkosh.wi.us Why doesn’t the city use wood poles? The city has limited large equipment to install a wood pole that requires a 4’ hole (especially in winter months). It was determined a cement base is much more cost effective and less labor intensive. Why does WPS use fiberglass poles but the City uses aluminum or steel? The city needs to consider many factors when determining the pole type and often a steel pole is needed to handle the weight requirements depending on what is mounted. What happens if a WPS pole gets damaged? A bill is generated to invoice the party responsible, however if that information is not available –WPS contacts the City to cover the repair or replacement expenses. If a neighborhood opts to pay for the upgraded lighting, what happens when they sell their house and the new owner wants a wood pole instead? This scenario must be written in the neighborhood agreement as it is not feasible to have mixed pole types on the same street. SUB JEC T:SUB JEC T :Asking the Public If They Want to Continue with the City Manager Form of Government (Esslinger) D A TE :D A T E :August 14, 2024 SUB JEC T:SUB JEC T :Contract for EMS Services Outside of City and Impact on Need for 4th Ambulance Unit, August 27th, in-meeting workshop D A TE :D A T E :August 14, 2024 SUB JEC T:SUB JEC T :Presentation of 2023 Annual Comprehensive Financial Report (ACFR) by KerberRose, August 27th D A TE :D A T E :August 14, 2024 SUB JEC T:SUB JEC T :Budget Workshop #2 - 2025 Early Projections and Direction on Priorities from Council, August 28, 2024, 5:00 p.m. D A TE :D A T E :August 14, 2024 SUB JEC T:SUB JEC T :Undergrounding Utilities, date to be determined D A TE :D A T E :August 14, 2024 TO :T O :Honorable Mayor and Members of the Common Council FRO M :FRO M :Mark Rohloff, City Manager D A TE :D A T E :August 14, 2024 SUB JEC T:SUB JEC T :Professional Services Agreement with AECOM for Environmental Services during Geotechnical Subsurface Exploration Project for the 2025 Capital Improvement Projects ($38,845) B A C KGRO UN DBACKGROUND An agreement for subsurface exploration and geotechnical engineering evaluation services for the 2025 and 2026 Capital Improvement Program (CIP) was being awarded to Professional Service Industries, Inc. (PSI) at the July 23, 2024 Common Council Meeting. In conjunction with the subsurface exploration services to be performed for the 2025 CIP projects by PSI, the Department of Public Works has requested a proposal from AECOM to provide environmental services during the subsurface exploration services. These services are in compliance with the City's Environmental Services Program. The intent of the Environmental Services program is to identify subsurface environmental impacts and pre- plan soil and groundwater management prior to awarding the construction projects. This approach of pre-planning for management of impacted material reduces or eliminates future liability; reduces management costs; and reduces/eliminates construction change orders resulting from unanticipated landfill disposal charges, soil and groundwater management, and lost time during construction. A N A L Y SI SANALYSIS AECOM was chosen to provide these services due to their experience in providing these services to the City in the past; and their local office location, which due to its physical closeness to the projects, allows AECOM to provide cost-effective rapid response to the projects. FI SC A L I M P A CTFISCAL I M P A C T The cost of these services is estimated not to exceed $38,845 and will be split among the Street Paving, Storm Water, Water, Sanitary Sewer, and Property Improvement CIP sections. Funding was budgeted in all five (4) sections of the 2024 CIP (Account #03210410-68XX-XXXXX/Multiple Funds and #03231717-7216- 63001/Parking Lot Improvements-Land Improvement-Parking Lot Improvements. REC O M M E N D A TI ONRECOMMENDATION Chapter 12 of the Municipal Code of the City of Oshkosh provides that professional services of a specialized nature, including engineering services, may be procured without the use of formal, sealed quotes. In accordance with Section 12-16 of the Code, I am hereby submitting this report regarding this professional services agreement. Please contact me if you have any questions concerning this professional services agreement. A t t a chment sAttachments AECOM 2025 Env Support during Geotech proposal 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 :August 14, 2024 SUB JEC T:SUB JEC T :Emergency Purchase of Roof Repairs from Kaschak Roofing Inc. for the Public Library ($34,380.00) B A C KGRO UN DBACKGROUND Facilities Maintenance and our roofing consultant from Specialty Engineering Group (SEG) identified the Public Library roof as the top roof replacement project for 2024. Annual roof and HVAC replacement projects are funded from the HVAC/Roofing CIP, which was allocated $600,000.00 in 2024. The project consisted of replacement of roof areas 4-9, covering the 1993 addition to the original library building. The roof systems covering that addition were installed in 1993 and have been in service approximately 30 years, well beyond the 18--20-year normal anticipated service life for the existing stone ballasted ethylene propylene diene terpolymer (EPDM) roof system. Purchasing solicited bids for the roof replacement and at their January 23, 2024, meeting the Common Council awarded the project to Kaschak Roofing Inc. for $197,900.00. A N A L Y SI SANALYSIS Work began on the project this past June. As the project was completed, it was determined that another adjacent roof area (area 2) was also leaking. This leak was also contributing to water penetrating the interior of the building. In light of this unforeseen leak and that normal procurement methods would take several additional weeks, adding to the detrimental impact of this water on the library interiors, the City Manager approved expediting the repair. FI SC A L I M P A CTFISCAL I M P A C T SEG quickly solicited quotes from qualified roofers to perform this roof repair. Kaschak Roofing Inc. provided the low quote of $34,380.00. There are sufficient funds within the HVAC/Roofing CIP for this additional repair. With approval from the City Manager, this repair was charged to A/N# 03230130 7214 63035 (HVAC/Roofing Replacement Program. Kaschak Roofing Inc. began the repairs on July 29th and expects to be completed within a few days. REC O M M E N D A TI ONRECOMMENDATION Chapter 12-14(1) of the Municipal Code of the City of Oshkosh provides that, subject to the approval of the City Manager and without separate approval from the Common Council, the City's Purchasing Authority or City Departments or Divisions may enter into agreements without following a competitive bidding or quotation process for purchases when warranted by an emergency situation that threatens the public health, safety, or welfare and all the following conditions exist: was unforeseen, calls for immediate action, and cannot be responded to using established procurement methods. In accordance with Section 12-14(1) of the Code, I am hereby submitting this report. Please contact me if you have any questions about this agreement. SUB JEC T:SUB JEC T :Strategic Plan Dashboard Updated for 2nd Quarter D A TE :D A T E :August 14, 2024 B a c k gr oundBackground The City of Oshkosh 2023-2024 Strategic Plan Dashboard has been updated for the second quarter. For more information about this plan, or prior plans, please visit our Strategic Plan web page. SUB JEC T:SUB JEC T :Outstanding Issues D A TE :D A T E :August 14, 2024 A t t a chment sAttachments Outstanding Issues 08.14.24 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. 9/30/2024 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. 9/30/2024 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. Staff to begin work with Sustainability Advisory Board (SAB) to update Sustainability Plan. 9/30/2024 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 MSP program in 2024. 12/31/2024 Initiative will carry into State's 2026 budget cycle, which will begin following November elections. 1/10/2023 DPW/Legal Sanitary District Negotiations Mediation held on June 27th. Second mediation session to be scheduled soon. 7/23/2024 4/16/2024 DPW & Community Development Undergrounding Utilities Staff met with other utilities on June 25th 8/14/2024 Staff incorporating input from other utilities. 4/23/2024 Community Development Review processes and municipal codes pertaining to commercial and residential development to ensure the City's codes and processes are encouraging growth within the City Staff is working on multiple aspects of this project including drafting a Request for Proposals to obtain proposals for a process improvement plan and researching options to review municipal codes related to commercial and residential development. 9/10/2024 5/14/2024 Transportation Parking Restrictions Review Council referred to Transportation Committee. Report planned to be discussed at August Committee meeting with recommenations to Council for review and discussion on August 27th. 8/27/2024 Transportation Director Collins provided an update to Council on the scope of parking concerns being considered. 8/14/2024 Council Meeting