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HomeMy WebLinkAboutAGENDApacket__11-26-24 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 No ve m ber 26, 2024 If anyone requires reasonable ADA accommodations, please contact the office of the City Manager at citymgr@oshkoshwi.gov, or phone 920-236-5002. To send written correspondence to the Council, mail it to the City Manager, place it in the City Hall dropbox, or email it to council@oshkoshwi.gov (prior to the Council meeting). A.CALL TO ORDER (6:00 p.m.) B.ROLL CALL C.INVOCATION - VOTING FIRST Council Member Stephenson Invocation #3 D.PLEDGE OF ALLEGIANCE Perry Tipler Middle School E.INTRODUCTION OF STAFF Emily Rock, Curator at the Oshkosh Public Museum K9 Gema, Oshkosh Police Department Therapy Dog F.CITIZEN STATEMENTS TO COUNCIL (Citizens are to address the Council only. Statements are limited to five (5) minutes; they must address items that are not listed on the Council meeting agenda, are limited to issues that have an impact on the City of Oshkosh and the Common Council may address at a future meeting, and must not include endorsements of any candidates or other electioneering.) If you require more time please inform the Mayor at the beginning of your presentation. G.CONSENT AGENDA ITEMS (Consent Agenda items are those items of a routine administrative nature that are voted on by the Council in a single roll call vote. Staff recommends approval of all items. Any member of the public or Common Council may request that an item be removed from the Consent Agenda for discussion.) 1.Report of Bills 2.Receipt & Filing of Minutes - Museum Arts and Culture Board, 10.09.2024 3.Receipt & Filing of Claim Filed with the City's Insurance Company - Watson 4.Res 24-594 Approve Conditional Use Permit Amendment Request for a Second-Floor Bar and Patio Addition at 701 North Main Street (Parcel 1100950200) (Plan Commission Recommends Approval) 5.Res 24-595 Approve 2025 Across-the-Board Market Increase for Non-Represented Employees 6.Res 24-596 Authorize GO Transit to Apply for 2025 FTA & WisDot Operating Assistance Grants and County Transportation Assistance 7.Res 24-597 Approve Reallocation of $500,000 in the 2024 Parks Department Capital Improvement Program Budget from Funding Design Services for the Menominee Park Parking Lot and Reetz Fields to Fund Design and Construction of a New Restroom/Concession Stand at Reetz Fields (Advisory Park Board Recommends Approval) 8.Res 24-598 Approve Amendment to the 2024 Capital Improvement Budget for Pollock Water Park Replastering Project (Advisory Park Board Recommends Approval) 9.Res 24-599 Approve Acceptance of Donation and Amendment to Operating Budget for Oshkosh Seniors Center for Programming Software Subscription to GetSetUp.com ($15,000.00) 10.Res 24-600 Approve Budget Amendment for 2025 Fire Special Revenue Fund Assistance to Firefighters Grant to Accept Revenue and Approve Increases in Expenses ($37,337.05) 11.Res 24-601 Approve Professional Services Agreement with AECOM for Environmental Support for 2025 Capital Improvement Projects (CIP) ($134,595.00) 12.Res 24-602 Approve Initial Resolution for Special Assessments for Sidewalk (New and Rehabilitation), Driveway Aprons, Sanitary Sewer Main and Laterals (New and Relay), Water Main and Laterals (New and Relay), and Storm Sewer Mains and Laterals (New and Relay) Relating to Contract No. 25-04 Bay Shore Drive (Broad Street to Mill Street) Broad Street (Bay Shore Drive to 75' North of Bay Shore Drive) Bay Street (100' North of Bay Shore Drive to the Fox River) 13.Res 24-603 Approve Initial Resolution for Special Assessments for Sidewalk (New and Rehabilitation), Driveway Aprons, Sanitary Sewer Main and Laterals (New and Relay), Water Main and Laterals (New and Relay), and Storm Sewer Mains and Laterals (New and Relay) Relating to Contract No. 25-05 Waugoo Avenue (Rosalia Street to Lake Winnebago) Sweet Street (Waugoo Avenue to 75' North of Waugoo Avenue) Shorelane Street (Waugoo Avenue to 75' North of Waugoo Avenue) 14.Res 24-604 Approve Initial Resolution for Special Assessments for Sidewalk (New and Rehabilitation), Driveway Aprons, Sanitary Sewer Main and Laterals (New and Relay), Water Main and Laterals (New and Relay), and Storm Sewer Mains and Laterals (New and Relay) Relating to Contract No. 25-08 Central Street (West New York Avenue to West Bent Avenue) Tennessee Avenue (Central Street to 75' East of Central Street) West Custer Avenue (100' East and West of Central Street) West Nevada Avenue (75' East and West of Central Street) West Bent Avenue (75' East and West of Central Street) 15.Res 24-605 Approve Initial Resolution for Special Assessments for Sidewalk (New and Rehabilitation), Driveway Aprons, Sanitary Sewer Main and Laterals (New and Relay), Water Main and Laterals (New and Relay), and Storm Sewer Mains and Laterals (New and Relay) Relating to Contract No. 25-09 Michigan Street (West 7th Avenue to 150' South of West 11th Avenue) West 8th Avenue (100' East and West of Michigan Street) West 9th Avenue (100' East and West of Michigan Street) West 10th Avenue (100' East and West of Michigan Street) West 11th Avenue (Ohio Street to 100' East of Michigan Street) Ohio Street (100' North and South of West 11th Avenue) 16.Res 24-606 Approve Initial Resolution for Special Assessments for Sanitary Sewer Laterals (New and Relay) and Water Main and Laterals (New and Relay) Relating to Contract No. 25-12 National Avenue (North Lark Street to North Sawyer Street) Lark Street (Witzel Avenue to Southland Avenue) Faust Avenue (North Lark Street to North Sawyer Street) 17.Res 24-607 Waive Bids and Approve Purchase of Manhole / Inlet Castings for Public Works Department ($230,650.00) 18.Res 24-608 Amend CIP and Award Bid for Public Works Contract No. 25-04 to Carl Bowers & Sons Construction Company, Inc. for Bay Shore Drive and Bay Street Reconstruction ($2,074,723.67) 19.Res 24-609 Approve Amendment to the 2024 Operations Budget -- Oshkosh Public Library for Funding from Winnebago County to Support Hoopla and Library Programming ($12,494.00) 20.Res 24-610 Award Bid to Wheel and Sprocket for 14 "Procaliber 6" Trek Bikes for Police Department ($32,684.82) 21.Res 24-611 Approve Professional Services Proposal from Lee Recreation, LLC for Playground Design and Installation for Stevens Park ($275,000.00) 22.Res 24-612 Approve Professional Services Proposal from Lee Recreation, LLC for Playground Design and Installation for Rainbow Memorial Park ($275,000.00) 23.Res 24-613 Approve Cooperative Purchase of Truck Chassis from Truck Country of Wisconsin, Inc. and Automated Side Loader from Scranton Manufacturing Company/Envirotech Equipment for Sanitation Division ($328,377.44) 24.Res 24-615 Approve Change Order No. 1 (Final) for Berglund Construction Company for Masonry Repairs/Loading Door Improvements for Public Museum (+$30,658.00) 25.Res 24-616 Approve Change Order No. 1 (Final) for SMA Construction Services LLC for New 3rd Avenue Storage Facility for Police Department (+$43,471.08) 26.Res 24-617 Approve Change Order No. 1 (Final) for Cardinal Construction Company, Inc. for Waldwic Gallery Renovation for Public Museum (+$34,340.30) 27.Res 24-618 Approve Special Event - Anglers in Action Inc. to Utilize Menominee Park Millers Bay and Boat Launch Parking Lot to Host the Cold Water Classic, January 25, 2025 28.Res 24-619 Approve Special Event - Special Olympics Wisconsin to Utilize Menominee Park & Millers Bay for the Polar Plunge, February 8, 2025 29.Res 24-620 Approve Special Event - Hmong Service Center, Inc to Hold the Hmong National Memorial Day Festival at the Winnebago County Community Park, May 24 & 25, 2025 30.Res 24-621 Approve Special Event - Oshkosh Festivals, LLC to Utilize City Streets for the Crossroads 41 Event, August 6 Through August 9, 2025 31.Res 24-622 Approve Special Event - Hmong Service Center, Inc. to Hold the Hmong National Labor Day Festival at Sunnyview Exposition Center and the Winnebago County Community Park, August 30 & August 31, 2025 H.ITEMS REMOVED FROM CONSENT AGENDA 32.Res 24-614 Approve Purchase of 2025 iasWorld Software as a Service (SaaS) Agreement from Tyler Technologies, Inc. for IT Division ($130,100.00) I.PENDING ORDINANCES 33.Ord 24-623 Cancel December 24, 2024 Council Meeting 34.Ord 24-624 Create Temporary Ordinance Prohibiting Alcohol in City Parks J.NEW ORDINANCES (NOTE: It is anticipated that there will be no formal action taken at this meeting on items marked with an asterisk (*) unless Council formally waives the rules.) 35.*Ord 24-625 Approve Request to Annex to the City from the Town of Oshkosh, 4434 Island View Drive, Parcel 01805930000 (Plan Commission Recommends Approval) 36.*Ord 24-626 Amend Section 27A-11 of the Municipal Code to Update Parking Regulations on South Main Street Between the Fox River and W. 9th Avenue (Transportation Committee Recommends Approval) 37.*Ord 24-627 Amend Section 27A-11 of the Municipal Code to Extend No Parking Regulations on the West Side of Dove Street (Transportation Committee Recommends Approval) 38.*Ord 24-628 Amend Section 27-14 of the Municipal Code Truck Routes Designated (Transportation Committee Recommends Approval) 39.*Ord 24-629 Amend Section 27-35 and Appendix 27B of the Oshkosh Municipal Code Pertaining to Parking Regulations Within City-Owned Parking Lots in Relation to the Construction of the New East 9th Avenue Parking Lot (Transportation Committee Recommends Approval) 40.*Ord 24-630 Amend Portions of Chapter 4 of the City of Oshkosh Municipal Code Pertaining to Alcohol Beverages -- License Investigations, Granting and Issuance of Premises and Operator's Licenses 41.*Ord 24-631 Create Chapter 4 Article III-A Pertaining to Alcohol Beverages - Issuance of Special Class "B" and Special "Class B" Licenses K.PENDING RESOLUTIONS 42.Res 24-632 Amend Approved Designated Outdoor Refreshment Area (DORA) for the Downtown Business Improvement District (BID) Area 2024/2025 to Remove City Park Property and Sidewalk Adjoining Opera House Square Park L.NEW RESOLUTIONS 43.Res 24-633 Direct City Staff to Excuse Parking Tickets Issued to Early In-Person Voters 44.Res 24-634 Approve General Development Plan and Specific Implementation Plan for New Clearwells at 425 Lake Shore Drive (Plan Commission Recommends Approval) 45.Res 24-635 Approve Conditional Use Permit Request for a Temporary Use Permit Extension for New Clearwells Construction Staging at Property Located on the East Side of the 400 Block of Lake Shore Drive (Parcel 1100950200) (Plan Commission Recommends Approval) 46.Res 24-636 Approve Partial Land Acquisitions at 3277 and 3290 Meadowbrook Road (Plan Commission Recommends Approval) M.COUNCIL DISCUSSION, DIRECTION TO CITY MANAGER & FUTURE AGENDA ITEMS 47.Discussion and Direction to City Manager A.West 7th Avenue Reconstruction Update 48.Future Agenda Items, Meetings, and Workshops A.Presentation from Oshkosh Area Humane Society (TBD) N.COUNCIL MEMBER ANNOUNCEMENTS & STATEMENTS 49.City Manager Recruitment Update (Mayor Mugerauer) O.CITY MANAGER ANNOUNCEMENTS & STATEMENTS 50.Professional Services Agreement with AECOM for 2025 Storm Water Management Assistance ($31,750) 51.Professional Services Agreement with KL Engineering, Inc. for Transportation Engineering On-Call Assistance Services for Calendar Year 2025 ($40,000) 52.Professional Services Agreement with Donohue & Associates, Inc. for Structural Engineering Design and Construction-Related Services for 2025 Capital Improvement Projects ($60,000) 53.Professional Services Agreement with AECOM for 2025 Water Distribution System Leak Detection Services ($35,000) 54.Outstanding Issues P.CLOSED SESSION (Room 404, City Hall) The Common Council may convene into closed session pursuant to Section 19.85(1)(e) of the Wisconsin Statutes, where competitive or bargaining reasons require a closed session (specifically, review of options for future of city hall). Q.ADJOURN 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 :November 26, 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 $8,319,814.47 Bills paid November 8 and November 15, 2024 $2,609,234.50 Payroll paid November 22, 2024 $1,193,309.24 Regular cycle payables paid throughout the month of October $3,552,725.14 Regular UMR payables paid throughout the month of October $964,545.59 A t t a chment sAttachments 11082024 Checkrun 11152024 Checkrun Oct 2024 UMR CHECK NUMBER CHECK DATE VENDOR NAME AMOUNT 11949 11/08/2024 AECOM INC 12,710.00 11950 11/08/2024 AIRGAS USA LLC 3,685.80 11951 11/08/2024 BROOKS TRACTOR INC 3,551.14 11952 11/08/2024 CARYN BEHLMAN 64.32 11953 11/08/2024 CDW GOVERNMENT INC 8,347.50 11954 11/08/2024 CENTER FOR INTERNET SECURITY INC 454.85 11955 11/08/2024 CHEMTRADE CHEMICALS US LLC 4,219.15 11956 11/08/2024 CINTAS CORPORATION NO 2 731.29 11957 11/08/2024 ENERGY CONTROL AND DESIGN INC 1,623.70 11959 11/08/2024 FERGUSON WATERWORKS #1476 800.25 11960 11/08/2024 FRANK CONTRACTORS LLC 3,160.00 11961 11/08/2024 GFL ENVIRONMENTAL 186.48 11962 11/08/2024 HORST DISTRIBUTING INC 2,360.06 11963 11/08/2024 HYDRO CORP 8,781.00 11964 11/08/2024 INFOVISION SOFTWARE INC 12,360.00 11965 11/08/2024 JEFFERSON FIRE & SAFETY 2,479.73 11966 11/08/2024 JIM FISCHER INC 142,463.83 11967 11/08/2024 JP COOKE COMPANY 282.00 11968 11/08/2024 JUSTIFACTS CVS INC 322.08 11969 11/08/2024 KEMIRA WATER SOLUTIONS INC 10,309.89 11970 11/08/2024 KENNETH L GRESSER 30.82 11971 11/08/2024 KONE INC 969.33 11972 11/08/2024 LEVENHAGEN OIL CORPORATION 42,970.77 11973 11/08/2024 MACQUEEN EQUIPMENT GROUP 99.60 11974 11/08/2024 MANDI KATION 90.45 11975 11/08/2024 MARK A ROHLOFF 485.67 11976 11/08/2024 MCC INC 15,192.50 11979 11/08/2024 PLYMOUTH LUBRICANTS 376.25 11980 11/08/2024 POMP'S TIRE SERVICES INC 2,866.61 11981 11/08/2024 PRIMADATA LLC 14,226.65 11982 11/08/2024 QUALITY TRUCK CARE CENTER INC 9,509.34 11983 11/08/2024 R AND R PLUMBING LLC 3,442.00 11984 11/08/2024 RED SHOES INC 6,300.00 11985 11/08/2024 HOLIDAY OUTDOOR DECOR 1,425.00 11986 11/08/2024 RYDIN DECAL 1,904.29 11987 11/08/2024 SERVICEMASTER BLDG MAINTENANCE 6,001.00 11988 11/08/2024 SHI INTERNATIONAL CORP 1,974.12 11989 11/08/2024 SONSEEKER POOL MASONRY LLC 115,615.75 11990 11/08/2024 SPEEDY CLEAN DRAIN & SEWER 17,102.47 11991 11/08/2024 MCCLONE 47,359.62 11992 11/08/2024 VANGUARD COMPUTERS INC 1,376.28 11993 11/08/2024 VINTON CONSTRUCTION INC 208,650.81 11995 11/08/2024 WI PUBLIC SERVICE CORP 64,149.95 11996 11/08/2024 POWER WASH STORE MILWAUKEE 6,187.67 11997 11/08/2024 ZOLL MEDICAL CORPORATION 453.09 5003356 11/08/2024 NORTHERN LAKE SERVICE INC 446.39 5003357 11/08/2024 WALLY SCHMID EXCAVATING INC 11,420.00 5003358 11/08/2024 AARON BAER 510.00 5003359 11/08/2024 ASSOCIATED BANK OF OSHKOSH 575.00 5003360 11/08/2024 BOUND TREE MEDICAL LLC 340.43 5003361 11/08/2024 BRANDON C NIELSEN 35.51 5003362 11/08/2024 CARAHSOFT TECHNOLOGY CORPORATION 4,354.02 5003363 11/08/2024 CARGILL INCORPORATED 3,000.00 5003364 11/08/2024 CHARGETECH 3,819.45 5003365 11/08/2024 CHRIS HAEDT 57.62 5003366 11/08/2024 COMPUTER CORNER LLC 72.32 5003367 11/08/2024 CR HOMES GROUP LLC 67.43 5003368 11/08/2024 DAVID PLIER 200.00 5003369 11/08/2024 EMMA DZIENGELESKI 47.57 5003370 11/08/2024 FOCUS PROPERTIES LLC 410.70 5003371 11/08/2024 FOX VALLEY MEP INC 25,500.00 5003372 11/08/2024 GALLS LLC 570.30 5003373 11/08/2024 GAYLORD BROS INC 1,192.28 5003374 11/08/2024 HARMONY WELLNESS CENTER LLC 735.00 5003375 11/08/2024 HEATHER BRICKHAM 31.50 5003376 11/08/2024 HENRY SCHEIN INC 709.61 5003377 11/08/2024 K AND C PEST 349.00 5003378 11/08/2024 KEEGAN J OHEARN 54.31 5003379 11/08/2024 KLINK EQUIPMENT 4,592.24 5003380 11/08/2024 KNIGHT BARRY TITLE SERVICES LLC 54.59 5003381 11/08/2024 KOMOROWSKI PROPERTIES LLC 10.52 5003382 11/08/2024 KAHNER J KONOPACKY 6.26 5003383 11/08/2024 LUDWIGS PLUMBING 5,221.99 5003384 11/08/2024 MARSHALL J POTTER 200.00 5003385 11/08/2024 MARTELLE WATER TREATMENT INC 41,805.50 5003386 11/08/2024 MERCURIAL ARTIST LLC 200.00 5003387 11/08/2024 MILWAUKEE TRANSPORT SERVICES INC 7,580.25 5003388 11/08/2024 MUELLER COMMUNICATIONS LLC 934.71 5003389 11/08/2024 ABSOLUTE SOFTWARE INC 300.99 5003390 11/08/2024 NEUMAN POOLS INC 542.16 5003391 11/08/2024 NEW TITLE SERVICES INC 95.80 5003392 11/08/2024 NICOLET INVESTMENTS OF OSHKOSH LLP 203.79 5003393 11/08/2024 JENNIFER DOEMEL 181.00 5003394 11/08/2024 PAT KROHN 13.00 5003395 11/08/2024 CITY OF OSHKOSH 101.30 5003396 11/08/2024 CITY OF OSHKOSH 10.00 5003397 11/08/2024 OSHKOSH HOUSING AUTHORITY 67.72 5003398 11/08/2024 CITY OF OSHKOSH UTILITIES 660.48 5003399 11/08/2024 PAULA JEAN STEINERT 200.00 5003400 11/08/2024 PEPPLER PROPERTIES LLC 36.16 5003401 11/08/2024 REGISTRATION FEE TRUST 508.50 5003402 11/08/2024 RETTLER CORPORATION 950.00 5003403 11/08/2024 RIESTERER & SCHNELL INC 1,604.58 5003404 11/08/2024 RIESTERER & SCHNELL INC 2,355.92 5003405 11/08/2024 RISE LEADERSHIP LLC 8,000.00 5003406 11/08/2024 RYNE SCOPP 10.00 5003407 11/08/2024 SAIKI DESIGN INC.8,635.00 5003408 11/08/2024 SALZER AIDAN C 9.84 5003409 11/08/2024 STANARD AND ASSOCIATES INC 298.00 5003410 11/08/2024 STEVEN SCHIMMEL-OLSON 100.40 5003411 11/08/2024 T MOBILE 5,366.51 5003412 11/08/2024 THOMPSON PHOTO IMAGERY 510.00 5003413 11/08/2024 TKK ELECTRONICS LLC 1,347.92 5003414 11/08/2024 TODD MUEHRER 24.79 5003415 11/08/2024 TOTAL SECURITY AND SAFETY INC 6,300.00 5003416 11/08/2024 TRUGREEN PROCESSING CENTER 232.04 5003417 11/08/2024 UNIVERSITY PLAZA OSHKOSH LLC 12.13 5003418 11/08/2024 UNITED PARCEL SERVICE 93.79 5003419 11/08/2024 US SIGNAL COMPANY LLC 67.11 5003420 11/08/2024 WATER CITY PROPERTIES LLC 186.65 5003421 11/08/2024 WEST BEND INSURANCE COMPANY 100.00 5003422 11/08/2024 EMILY WILLEY 200.00 5003423 11/08/2024 WINTER EQUIPMENT COMPANY INCORPORATED 5,163.41 5003424 11/08/2024 ZILLGES MATERIALS INC 1,650.00 5003425 11/08/2024 ZUBE HOLDINGS LLC 45.97 5003426 11/08/2024 EWALDS HARTFORD FORD LLC 55,098.00 5003427 11/08/2024 NAVIGATE WELLBEING SOLUTIONS 864.00 1,004,904.57 CHECK NUMBER CHECK DATE VENDOR NAME AMOUNT 11998 11/15/2024 AIRGAS USA LLC 3,305.58 11999 11/15/2024 BADGER LAB & ENGINEERNG CO INC 7,130.00 12000 11/15/2024 BROOKS TRACTOR INC 2,307.31 12002 11/15/2024 CENTURYLINK 36.56 12003 11/15/2024 CHEMTRADE CHEMICALS US LLC 4,177.45 12004 11/15/2024 CINTAS CORPORATION NO 2 450.15 12005 11/15/2024 CONSTELLATION ENERGY SERVICES 2,174.66 12006 11/15/2024 CORE AND MAIN LP 30,180.30 12007 11/15/2024 DORNER INC 508,790.70 12008 11/15/2024 DUNCANS WINDOW AND DOOR 10,600.00 12009 11/15/2024 EDWARD H WOLF AND SONS INC 20,132.00 12010 11/15/2024 EMMONS BUSINESS INTERIORS 5,012.12 12011 11/15/2024 ENVIROTECH EQUIPMENT 154.71 12012 11/15/2024 FACILITY ENGINEERING INC 3,020.00 12013 11/15/2024 FERGUSON WATERWORKS #1476 750.00 12014 11/15/2024 GANNETT WISCONSIN LOCALIQ 2,774.56 12015 11/15/2024 GODFREY AND KAHN SC 7,386.00 12016 11/15/2024 HAFEMEISTER MACHINE CORP 5,196.50 12017 11/15/2024 HUNTER SECURITY AND SURVEILLANCE 2,278.96 12018 11/15/2024 JFTCO INC 2,656.78 12019 11/15/2024 KWIK TRIP INC 1,646.87 12020 11/15/2024 MECHANICAL TECHNOLOGIES INC 2,250.00 12021 11/15/2024 NAVIGATE WELLBEING SOLUTIONS 1,644.00 12022 11/15/2024 NORTHERN LAKE SERVICE INC 1,151.18 12023 11/15/2024 OSHKOSH CITY CAB CO INC 120,660.50 12024 11/15/2024 OSHKOSH CONVENTION AND VISITORS BUREAU INC 203,341.24 12025 11/15/2024 PLYMOUTH LUBRICANTS 4,840.98 12026 11/15/2024 POLYDYNE INC 702.00 12027 11/15/2024 POMP'S TIRE SERVICES INC 3,388.59 12028 11/15/2024 QUALITY TRUCK CARE CENTER INC 1,001.05 12029 11/15/2024 REINDERS INC 70.00 12030 11/15/2024 RNOW INC 37.19 12031 11/15/2024 SHORT ELLIOTT HENDRICKSON INC 31,529.96 12032 11/15/2024 TELVUE CORPORATION 71,238.63 12033 11/15/2024 U W OSHKOSH 4,480.00 12034 11/15/2024 VALLEY VNA HEALTH SYSTEMS INC 2,912.55 12035 11/15/2024 VANGUARD COMPUTERS INC 2,430.00 12036 11/15/2024 VINTON CONSTRUCTION INC 83,953.50 12037 11/15/2024 WALLY SCHMID EXCAVATING INC 4,535.00 12038 11/15/2024 WI PUBLIC SERVICE CORP 121,091.52 12039 11/15/2024 WINNEBAGO COUNTY TREASURER 70,227.25 12040 11/15/2024 WINNEBAGO COUNTY TREASURER 140.50 12041 11/15/2024 AUGUST WINTER & SONS INC 124,400.00 12042 11/15/2024 ZOLL MEDICAL CORPORATION 1,093.95 5003428 11/15/2024 CENTURY FENCE COMPANY 895.00 5003429 11/15/2024 1 N MAIN LLC 404.00 5003430 11/15/2024 AERO INDUSTRIES INC 1,250.23 5003431 11/15/2024 ALEXANDER CHEMICAL CORPORATION 28,822.38 5003432 11/15/2024 ALL BRANDS APPLIANCE SERVICE 310.00 5003433 11/15/2024 AT & T 421.93 5003434 11/15/2024 BERGSTROM AUBURN HILLS OF OSHKOSH INC 5,562.82 5003435 11/15/2024 BERGSTROM CHEVROLET CADILLAC BUICK GMC TRUCK INC 236.98 5003436 11/15/2024 BOUND TREE MEDICAL LLC 223.60 5003437 11/15/2024 BRITTNEY MEYER 60.97 5003438 11/15/2024 CAROW LAND SURVEYING AND ENVIRONMENTAL INC 15,363.00 5003439 11/15/2024 CRAIG A RAMTHUN 30.82 5003440 11/15/2024 D&M FLOORING AMERICA 783.75 5003441 11/15/2024 DAVEL ENGINEERING AND ENVIRONMENTAL INC 786.00 5003442 11/15/2024 DUNCAN SOLUTIONS LLC 9,794.95 5003443 11/15/2024 ENRIQUE ORTEGA 76.38 5003444 11/15/2024 EVERSON AND GIBBS LLC 2,795.27 5003445 11/15/2024 FAIRCHILD EQUIPMENT 598.33 5003446 11/15/2024 FOCUS PROPERTIES LLC 164.32 5003447 11/15/2024 FOX VALLEY COMMUNICATIONS LLC 203.00 5003448 11/15/2024 FOX VALLEY IRON METAL AND AUTO SALVAGE INC 40.00 5003449 11/15/2024 FOX VALLEY TECH COLLEGE 1,064.00 5003450 11/15/2024 FUTURE BUCKS LLC 143.41 5003451 11/15/2024 GALLS LLC 204.69 5003452 11/15/2024 GUARANTY TITLE SERVICES INC 118.56 5003453 11/15/2024 GUNDERSON CLEANERS INC 1,608.33 5003454 11/15/2024 GAIL OR MARGARET HABLE 45.97 5003455 11/15/2024 WILLIAM OR MATTHEW HOWER 52.51 5003456 11/15/2024 JACKS MAINTENANCE SERVICE INC 360.00 5003457 11/15/2024 JACOB DEDERING 44.22 5003458 11/15/2024 JAMES PIONKE 11.49 5003459 11/15/2024 JASON KONITZER 50.62 5003460 11/15/2024 A. 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Board members Becky Matzke called the meeting to order at 4:31 p.m. The roll was taken by Marketing Coordinator + Advancement, Kate Stel. Present at Roll: Board Members Becky Matzke, Drew Mueske, Alternates Erron Hundt and Carrie Olson Excused: Vice-Chair Rebecca Doe Brown, Board Chair Vicky Redlin Absent: Board Member/Mayor Matt Mugerauer With Ms. Redlin out, Ms. Matzke appointed Ms. Hundt. With Ms. Brown out, Ms. Matzke appointed Ms. Olson. Also Present: Museum Director Anna Cannizzo, Curator of Education Neal Matherne, and Marketing Coordinator + Advancement Kate Stel recording the Minutes. There were no citizen statements to the Board. Consent Agenda items included: A. Minutes of the September 11, 2024, Board Meeting MOTIONS: Approve Consent Agenda Items. (Olson; second Hundt) CARRIED: Yes (4) Hundt, Matzke, Mueske, Olson To begin the Education and Programming Report Ms. Stel gave an overview of Toast to a Century event plans. Ms. Olson asked for further information about the Golden Ticket raffle being held. Ms. Stel described the prize package and that only 100 tickets will be sold. Tickets are available for purchase on the Museum’s website. Dr. Matherne then gave an overview of Día de los Muertos activities and offerings. The event is free to the public both inside and outside the museum. 10:00 a.m. – 4:30 p.m. Staff are reaching new audiences. There is an ofrenda in the OPM sunroom that is announced online and in the OPM newsletter encouraging people to send pictures of their loved ones to be included as part of the ofrenda. There will be two face painters, crafts to do, an onsite translator during the event, dance Minutes of the October 9, 2024 Museum Arts and Culture Board Meeting Page 2 of 2 performances, food trucks, etc. Of note, more volunteers are needed for both the morning and afternoon shifts, please be in contact with Dr. Matherne if you can help out. That concluded the Education and Programming Report. Director Cannizzo began her report with Facility Updates. She noted the Second Floor will be opened to the public this week. Waldwic Gallery will remain closed as staff prepare for the opening of the encore exhibition Helen Farnsworth Mears: A Genius of Wisconsin. The exhibition is scheduled to open to the public on November 9th. Additionally, Director Cannizzo reported that the Museum will have a comprehensive upgrade to its security cameras in mid-October. The Museum will have one of its boilers replaced in early November. Neither of these projects will interfere with operations. For the exterior signage project, the Professional Services Agreement with landscape architect Saiki Design is all set. Staff expect to see initial designs this week and move forward with bid documents for the project soon. Construction of the signs is expected to start in 2025. Next, Director Cannizzo updated the Board regarding OPM staffing. The Assistant Director/Chief Curator position has been filled. Director Cannizzo was pleased to announce that Museum Curator of Exhibitions Emily Rock has been promoted to the position. Emily will return from leave on November 19th and immediately enter her new role. Director Cannizzo is currently reviewing the Curator of Exhibitions position. The Archivist position has been updated and sent to HR for final review. City staff will move forward with the recruitment process by posting for the position and then will wait until Ms. Rock is back from leave to review applications and conduct interviews. That concluded the Director’s report. With no additional agenda items Ms. Stel asked for a motion to adjourn. MOTION: Adjourn (Mueske; second Olson) CARRIED: Voice Vote The meeting adjourned at 5:06 p.m. SUB JEC T:SUB JEC T :Receipt & Filing of Claim Filed with the City's Insurance Company - Watson D A TE :D A T E :November 26, 2024 Cla im I nforma t ionClaim I nfor m a t io n Claimant: Jeffrey Watson Date of Loss: 2/20/2024 Summary of Claim: A city sanitation truck damaged Watson's vehicle. 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 :November 26, 2024 SUB JEC T:SUB JEC T :Res 24-594 Approve Conditional Use Permit Amendment Request for a Second-Floor Bar and Patio Addition at 701 North Main Street (Parcel 1100950200) (Plan Commission Recommends Approval) B A C KGRO UN DBACKGROUND The subject site consists of a 0.19 acre parcel at the northwest corner of North Main Street and West Irving Avenue. The site has an Urban Mixed Use (UMU) zoning designation while the 2040 Comprehensive Land Use Plan recommends Center City use for the site. The subject site consists of Mabel Murphy's tavern, which was rebuilt in 2020, and associated patio and parking area. On May 26, 2020 Common Council approved a Conditional Use Permit for an outdoor commercial entertainment area on the site. A N A L Y SI SANALYSIS The Conditional Use Permit (CUP) approved in 2020 was for a 15' X 72' patio area on the north side of the building, including a 34' X 8' enclosed patio area attached to the building. The applicant is now proposing a 1,090 sq. ft. second-floor addition to the bar that will include a patio area. The patio area is considered outdoor commercial entertainment, which is a conditional use in the UMU district. Therefore, a CUP Amendment is required to allow the second-floor patio area. Staff is supportive of the proposed use as it is consistent with the existing bar/patio use as well as the surrounding UMU-zoned properties and 2040 Comprehensive Land Use Plan recommendation of Center City. 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 $600,000 on the proposed project. REC O M M E N D A TI ONRECOMMENDATION The Plan Commission recommended approval of the requested conditional use permit amendment with the findings on November 19, 2024. Please see the attached staff report and meeting minutes for more information. A t t a chment sAttachments RES 24-594 CUP Amend - 701 N Main St 11/26/2024 24-594 RESOLUTION     CARRIED 7-0     PURPOSE: APPROVE CONDITIONAL USE PERMIT AMENDMENT REQUEST FOR A SECOND-FLOOR BAR AND PATIO ADDITION AT 701 NORTH MAIN STREET INITIATED BY : 701 MAIN INC.   PLAN COMMISSION RECOMMENDATION:  Approved w/ findings           WHEREAS, the Plan Commission finds that the conditional use permit amendment request for a second-floor bar and patio addition at 701 North Main Street, is consistent with the criteria established in Sections 30-51 (C) and 30-382 of the Oshkosh Zoning Ordinance. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that a conditional use permit amendment request for a second-floor bar and patio addition at 701 North Main Street, per the attached, is hereby approved, with the following findings:   Is in harmony with the Comprehensive Plan. 1. Would not result in a substantial or undue adverse impact on nearby property, the character of the neighborhood, environmental factors, traffic factors, parking, public improvements, public property or rights-of-way, or other matters affecting the public health, safety, or general welfare. 2. Maintains the desired consistency of land uses, land use intensities, and land use impacts as related to the environs of the subject property. 3. The conditional use is located in an area that will be adequately served by, and will not impose an undue burden on, any of the improvements, facilities, utilities or services provided by public or private agencies serving the subject property. 4.   ITEM: PUBLIC HEARING: CONDITIONAL USE PERMIT AMENDMENT REQUEST FOR A SECOND-FLOOR BAR AND PATIO ADDITION AT 701 NORTH MAIN STREET Plan Commission Meeting of November 19, 2024. GENERAL INFORMATION Owner/Applicant: 701 Main Inc. - Sean Felker Action(s) Requested: The applicant is requesting a Conditional Use Permit Amendment for a second-floor bar and patio addition. Applicable Ordinance Provisions: Criteria used for Conditional Use Permits is located in Section 30-382 of the Zoning Ordinance. Property Location and Background Information: The subject site consists of a 0.19 acre parcel at the northwest corner of North Main Street. The site has an Urban Mixed Use (UMU) zoning designation while the 2040 Comprehensive Land Use Plan recommends Center City use for the site. The subject site consists of Mabel Murphy’s tavern, which was rebuilt in 2020, and associated patio and parking area. On May 26, 2020 Common Council approved a Conditional Use Permit for an outdoor commercial entertainment area on the site. Subject Site: Existing Land Use Zoning Vacant UMU Adjacent Land Use and Zoning: Existing Uses Zoning North Commercial UMU South Commercial UMU West Mixed Use UMU East Commercial UMU Comprehensive Plan Land Use Recommendation Land Use 2040 Comprehensive Land Use Plan Recommendation Center City ANALYSIS Use The Conditional Use Permit (CUP) approved in 2020 was for a 15’ X 72’ patio area on the north side of the building, including a 34’ X 8’ enclosed patio area attached to the building. The applicant is now proposing a 1,090 sq. ft. second-floor addition to the bar that will include a patio area. The patio area is considered outdoor commercial entertainment, which is a conditional use in the UMU district. Therefore, a CUP Amendment is required to allow the second-floor patio area. Staff is supportive of the proposed use as it is consistent with the existing bar/patio use as well as the surrounding UMU-zoned properties and 2040 Comprehensive Land Use Plan recommendation of Center City. Site Design Existing CUP Site Plan (2020) Proposed Site Plan. No changes are proposed to the existing footprint of the site as the only modifications are for a second-floor addition. The proposed addition will result in an overall height of approximately, 27.2’, which is under the maximum height for the UMU district of 45’. The site currently has four (4) existing parking spaces. No additional parking is required as the property is located within the Parking Requirement Exemption Overlay. Signage No additional signage is being proposed with this request. Lighting A lighting plan has not been submitted. If new lighting is installed for the second-floor addition, it will need to comply with City lighting requirements. This will be verified during Site Plan Review. Landscaping As the building expansion will not exceed 50% of the existing floor area of the building and no additional parking area is being proposed for the site, no additional landscaping is required. Storm Water Management & Utilities The Department of Public Works has reviewed the plans and did not note any concerns. Building Elevations The proposed building addition will be constructed of EIFS and glazing. The existing building and addition combined will comply with the commercial building design requirement of 50% Class I materials per façade. RECOMMENDATION/CONDITIONS In its review and recommendation to the Common Council on an application for a Conditional Use Permit, staff recommends the Plan Commission make the following findings based on the criteria established by Chapter 30-382 (F)(3): (1) Is in harmony with the Comprehensive Plan. (2) Would not result in a substantial or undue adverse impact on nearby property, the character of the neighborhood, environmental factors, traffic factors, parking, public improvements, public property or rights-of-way, or other matters affecting the public health, safety, or general welfare. (3) Maintains the desired consistency of land uses, land use intensities, and land use impacts as related to the environs of the subject property. (4) The conditional use is located in an area that will be adequately served by, and will not impose an undue burden on, any of the improvements, facilities, utilities or services provided by public or private agencies serving the subject property. Staff recommends approval of the Conditional Use Permit Amendment for a second-floor bar and patio at 701 North Main Street as proposed with the findings listed above. Plan Commission recommended approval of the requested Conditional Use Permit Amendment with the findings on November 19, 2024. The following is Plan Commission’s discussion on the item. Site Inspections Report: Mr. Bowen, Ms. Scheuermann, Ms. Propp, Mr. Belville, and Ms. Davey reported visiting the site. Staff report accepted as part of the record. The applicant is requesting a Conditional Use Permit Amendment for a second-floor bar and patio addition. Mr. Slusarek presented the items and reviewed the site and surrounding area as well as the land use and zoning classifications in this area. It is the Mabel Murphy’s tavern, which was rebuilt in 2020, and associated patio and parking area to the north side of it. The Conditional Use Permit (CUP) approved in 2020 was for a 15’ X 72’ patio area on the north side of the building, including a 34’ X 8’ enclosed patio area attached to the building. The applicant is now proposing a second-floor addition to the bar that will include a patio area. The patio area is considered outdoor commercial entertainment, which is a conditional use in the UMU district. Therefore, a CUP Amendment is required to allow the second-floor patio area. No changes are proposed to the existing footprint of the site as the only modifications are for a second-floor addition. No additional parking is required as the property is located within the Parking Requirement Exemption Overlay. No additional landscaping is required and no changes are being made to the footprint of the site. The proposed building addition will be constructed of EIFS and glazing. The existing building and addition combined will comply with the commercial building design requirement of 50% Class I materials per façade. Staff recommends approval of the CUP Amendment as proposed with the findings listed in the staff report. Mr. Perry opened up technical questions to staff. Ms. Scheuermann wondered if the exemption for the parking is because it was grandfathered in because of the fire back in the day. Mr. Slusarek stated in the zoning ordinance, we have exemptions for properties within the Central Mixed Use (CMU) District and also other areas where we feel that there is sufficient on- street parking. We have an exemption overlay where those sites do not need to have parking, such as further north on Main Street than the CMU district, and also parts of Oregon Street. We do have areas that do not require parking based on the surrounding area having on-street parking. Ms. Scheuermann wondered even if you go up in capacity, the determination is that there is sufficient parking around there Mr. Slusarek stated being a commercial use, it's exempt. Only residential uses require, I believe, one stall per unit in that area. Mr. Perry opened the public hearing and asked if the applicant wanted to make any statements. Sean Felker, of 2470 Arcadia Avenue, stated as far as the parking goes, we're not increasing the occupancy at all. We're just basically spreading out the clientele that we already have there. He also made himself available for any questions. Mr. Perry asked if other members of the public wished to speak. Mr. Perry closed the public hearing. There was no closing statement from the applicant. Motion by Kiefer to adopt the findings and recommendation as stated in the staff report. Seconded by Scheuermann. Mr. Perry asked if there was any discussion on the motion. Mr. Bowen wondered if this will be required to go through site plan review. Mr. Slusarek stated yes. Things that are outside of our purview will be dealt with at that point. Mr. Belville had a question for the owner about why the second floor has a different exterior look than the first floor. Mr. Felker stated I was trying to make it more noticeable. The brick on the top would not have looked as good. Just trying to separate the two different bars. When you're going down the street, you can see it, that there's a patio bar up there. Ms. Davey stated I really like the way it looks. I was recently in another city that has a large central plaza, and they had several buildings that looked like this with outdoor bars, so I think it's moving us forward. Motion carried 8-0. Page 5 Page 6 Proposed Conditional Use and Project: Mabel Murphy’s 09-19-2024 1) Proposed use of the property/Existing use of the property a) Currently running as a bar. This will be an additional bar and patio space on the rooftop. 2) Identification of structures on the property and discussion of their relation to the project a) Existing bar building – this is an addition to the roof of the existing footprint 3) Projected number of residents, employees, and/or daily customers a) Employees: current = 10, proposed future = 15 b) Daily Customers: current average = 40, projected future average = 60 4) Proposed amount of dwelling units, floor area, landscape area, and parking area expressed in square feet and acreage a) Approximately, 616 square feet of new bar area, maintenance room and bathroom (enclosed) b) Approximately, 375 square feet of new bar rooftop area c) Parking is using the existing lot and no other parking to be added/built 5) Effects on adjoining properties to include: noise, hours of operation, glare, odor, fumes, vibration, etc. a) No new effects – will still run the same as existing bar b) Hours of Operation: i) Monday-Friday: 3PM-2AM ii) Saturday-Sunday: 12PM-2AM 6) Surrounding land uses a) North: Los Jaripeos Mexican Restaurant b) South: CBC Bar c) East: Dr.’s Office Building d) West: Jabroni’s Bar 7) Compatibility of the proposed use with adjacent and other properties in the area a) Currently, an established bar surrounded other bars and restaurants 8) Traffic generation a) No change 9) Any other information pertinent to adequate understanding of the intended use and its relation to nearby properties a) Nothing else Page 7 N MAIN ST W IRVING 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: 10/22/2024 1 in = 20 ft 1 in = 0 mi¯ 701 N MAIN ST City of Oshkosh maps and data are intended to be used for general identification purposes only, and the City of Oshkoshassumes no liability for the accuracy of the information. Those using the information are responsible for verifying accuracy. Forfull disclaimer please go to www.ci.oshkosh.wi.us/GISdisclaimer Page 8 Page 9 Page 10 CONDITIONAL USE PERMIT 701 N MAIN ST PC: 11.19.2024 CHRISTINES LLC 4331 N SILVERLEAF CT APPLETON WI 54913-7733 688 NORTH MAIN LLC 688 N MAIN ST OSHKOSH WI 54901-4443 ALL STAR INS SERVICE LLC 5899 HELM RD WINNECONNE WI 54986-9789 ROGER BECKER 675 N MAIN ST OSHKOSH WI 54901-4431 STEVEN F OROURKE 683 N MAIN ST STE C OSHKOSH WI 54901-4472 STIEG PROPERTIES LLC 693 N MAIN ST OSHKOSH WI 54901-4431 THOMAS G TAGGART ETAL 695 N MAIN ST OSHKOSH WI 54901-4431 ROHAN MEIER & MORGAN LL 671 N MAIN ST OSHKOSH WI 54901-4431 WATER CITY PROPERTIES LLC 5377 INLET CT OMRO WI 54963-8232 F COVID LLC 923 S MAIN ST E OSHKOSH WI 54902-6017 LATRICE D JACKSON 680 CENTRAL ST OSHKOSH WI 54901-4455 IRVING PLACE LLC 905 OREGON ST OSHKOSH WI 54902-6454 DIVISION FOUR LLC 905 OREGON ST OSHKOSH WI 54902-6454 WILLIAM BOWEN 109 W IRVING AVE OSHKOSH WI 54901-4439 NIKUNJ/KIRTIDA RINGWALA 3100 OLD ORCHARD LN OSHKOSH WI 54902-7374 KNOLL INVESTMENTS LLC W1962 PLEASANT AVE MARKESAN WI 53946-8819 JAMES E STADLER 722 N MAIN ST OSHKOSH WI 54901-4445 HMONG SERVICE CENTER INC C/O MEE YANG PO BOX 2273 OSHKOSH WI 54903-2273 MARK C SHOBERG 11 FULTON AVE OSHKOSH WI 54901-4547 JOSIAH GUYANT 23 FULTON AVE OSHKOSH WI 54901-4547 RAYMANN PROPERTIES LLC 823 MOUNT VERNON ST OSHKOSH WI 54901-4531 DAVID S/ELLIE D MARTELL 2998 HIDDEN HOLLOW RD OSHKOSH WI 54904-8473 NELS H/CAROL NASLUND 323 N SAWYER ST OSHKOSH WI 54902-4252 701 MAIN INC 701 N MAIN ST OSHKOSH WI 54901-4444 SANDOVAL REAL EST OSH 715 N MAIN ST OSHKOSH WI 54901-4444 RJS PROP MANAG GROUP LLC 237 FOREST ST FREDONIA WI 53021-9339 MATTHEW F FREDERICK 737 N MAIN ST OSHKOSH WI 54901-4444 JERICHO RD MINISTRIES INC 400 N SAWYER ST OSHKOSH WI 54902-4291 THOMAS J BOLLOM 10 W IRVING AVE OSHKOSH WI 54901-4438 Page 11 LAKESIDE CUSTOM BUILDERS 3428 SHENANDOAH TRL NEENAH WI 54956-9044 PINE APARTMENTS III LLC 3389 COUNTY ROAD A OSHKOSH WI 54901-1414 VALARIE J KEMPEN 717 DIVISION ST OSHKOSH WI 54901-4405 ARMADA CAPITAL MANAG C/O TITAN PROP MANAG 923 S MAIN ST OSHKOSH WI 54902-6017 LARRY/KAREN WILLIAMS 729 DIVISION ST OSHKOSH WI 54901-4405 WALTER D SUNDQUIST JR 737 DIVISION ST OSHKOSH WI 54901-4405 SABRINA L KAISER 722 CENTRAL ST OSHKOSH WI 54901-4402 RANKIN ENTERPRISES LLC 109 E 8TH AVE STE 1 KAUKAUNA WI 54130-2309 TITAN 2019 LLC 923 S MAIN ST STE E OSHKOSH WI 54902-6034 GAELLA BUCHOLTZ 116 W IRVING AVE OSHKOSH WI 54901-4440 BAM PROP HOLDINGS LLC PO BOX 3522 OSHKOSH WI 54903-3522 MIDTOWN NBHD ASSOC EMAILED DOWNTOWN NBHD ASSOC EMAILED Page 12 DIVISION ST CENTR AL ST W LINC OLN AV FULTO N AV JE FF E RS ON S T CENTR AL ST DIVISION ST JE FF E RS ON S T E IRV ING AV N MAIN ST W IRVIN G 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: 10/22/2024 1 in = 120 ft 1 in = 0.02 mi¯BASE MAP701 N MAIN ST City of Oshkosh maps and data are intended to be used for general identification purposes only, and the City of Oshkoshassumes no liability for the accuracy of the information. 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Forfull disclaimer please go to www.ci.oshkosh.wi.us/GISdisclaimer Page 13 MERR ILL ST DAWES ST E PAR KWAY AV SCOTT AV MERRITT AV W PAR KWAY AV E LINCOLN AV GRAND ST PROSPECT AV SCOTT AV VILAS AV HUDSON AV CHURCHAV BROAD ST EASTMAN ST JEFFERSON ST MT VERNON ST JEFFERSON ST MT VERNON ST ROCK PL MARSTON PL FULTON AV E ME LV IN AV W LINCOLN AV IDA AV BALDWIN AV FULTON AV STERLING AV DIVISION ST GRAND ST CHURCH AV W LINCOLN AV PR OSPECT AV CENTRAL ST FREDERICK ST MT VERNON ST DIVISION ST CENTRAL ST FREDERICK ST W MELVIN AV CENTRAL ST PEARL AV UNION AV CENTRAL ST FRANKLIN ST FREDERICK ST WRIGHT ST PL EASANT ST MA DIS ON S T WRIGHT ST AMHERST AV OXFORD AV DALE AV BROAD ST FRANKLIN ST CENTRAL ST E IRVING AV JACKSON ST N MAIN ST W IRVING AV ALGOMA BLVD WISCONSIN ST HIGH AV CMU CMU CMU -PD CMU-PD II I I I I I-PD I-PD I-PD I-PD I-PD I-PD I-PD I-PD I-UTO MR-36 MR-36-UTO SR-5 S R -5 SR-5 SR-9 TR-10 TR-10 TR-10-PD TR-10-PDTR-10PD UTO UMU UMU UMU UMU UMU UMU UMU-PD UMU-PD UMU-PD UMU-UTO 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: 10/22/2024 1 in = 500 ft 1 in = 0.09 mi¯ZONING MAP701 N MAIN ST City of Oshkosh maps and data are intended to be used for general identification purposes only, and the City of Oshkoshassumes no liability for the accuracy of the information. Those using the information are responsible for verifying accuracy. Forfull disclaimer please go to www.ci.oshkosh.wi.us/GISdisclaimer Page 14 FULTO N AV CENTR AL ST DIVISION ST DIVISION ST W IRVIN G AV N MAIN ST E IRV ING 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: 10/22/2024 1 in = 100 ft 1 in = 0.02 mi¯AERIAL MAP701 N MAIN ST City of Oshkosh maps and data are intended to be used for general identification purposes only, and the City of Oshkoshassumes no liability for the accuracy of the information. Those using the information are responsible for verifying accuracy. Forfull disclaimer please go to www.ci.oshkosh.wi.us/GISdisclaimer Page 15 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 :November 26, 2024 SUB JEC T:SUB JEC T :Res 24-595 Approve 2025 Across-the-Board Market Increase for Non-Represented Employees B A C KGRO UN DBACKGROUND In concert with your decisions made regarding the 2025 budget, this memo is being provided to you to formalize a 4.25% across-the-board increase. Based on the results of the settled union contracts, the anticipated settlements of the remaining union contracts, as well as current market conditions, a 4.25% increase is being recommended and is within the budget approved by Common Council for 2025. A N A L Y SI SANALYSIS This increase is consistent with budget decisions and in consideration of the current marketplace. FI SC A L I M P A CTFISCAL I M P A C T The estimated cost for this projected increase in the general fund is approximately $950,000. REC O M M E N D A TI ONRECOMMENDATION Based on the analysis conducted, the discussion and direction that occurred in the Council Workshops as well as budget deliberations held this year, staff recommends approval of a 4.25% across-the-board increase for non-represented employees. A t t a chment sAttachments RES 24-595 11/26/2024 24-595 RESOLUTION     CARRIED 7-0     PURPOSE: APPROVE 2025 ACROSS THE BOARD MARKET INCREASE FOR NON-REPRESENTED EMPLOYEES INITIATED BY : ADMINISTRATIVE SERVICES DEPARTMENT       BE IT RESOLVED by the Common Council of the City of Oshkosh that the bi-weekly compensation schedules for non-represented employees are: Adjusted at the beginning of the respective pay period that corresponds with the date indicated to provide an across the board market increase as listed below; and 1. Approved.2.   Effective Date Percentage Increase January 1, 2024 4.25%   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 :November 26, 2024 SUB JEC T:SUB JEC T :Res 24-596 Authorize GO Transit to Apply for 2025 FTA & WisDot Operating Assistance Grants and County Transportation Assistance B A C KGRO UN DBACKGROUND This resolution will authorize the filing of the following grant applications: 1. 2025 Fed e r a l Op e r a t ing A s s is t a nc e a nd C a p it a l G r a nt s2025 Fed e r a l O p e r a t ing A s s is t a nc e a nd C a p it a l G r a nt s GO Transit is applying for 2025 federal operating assistance in the amount of $2,410,600. The operating grant will cover approximately 39% of the 2025 projected expenses. GO Transit is applying for $2,000,000 in capital to assist with 80% funding of up to 2 transit buses. 2. 2025 Wis cons in D ep a rt ment of Tra ns p or t a t ion O p era t ing G r a nt2025 Wis cons in D ep a r t ment of Tr a ns p o r t a t ion O p er a t ing G r a nt GO Transit is applying for $1,191,900 in operating assistance from the Wisconsin Department of Transportation. The proposed funding level is approximately 19 % of operating expenses for calendar year 2025. 3. 2025 Winneb a go C ount y a nd O t he r Tr a ns p ort a t ion A s s is t a nc e2025 Winneb a go C o unt y a nd O t he r T r a ns p or t a t io n A s s is t a nc e GO Transit will apply for $511,145 from Winnebago County. The programs these funds assist with are shown below: ADA - Ambulatory Paratransit ADA -- Non-Ambulatory Paratransit Senior Paratransit Rural Senior and Disabled Paratransit A N A L Y SI SANALYSIS East Central Wisconsin Regional Planning Commission included this program of projects in their public participation process and their public notice for the Transportation Improvement Plan. The public was able to make comments on the social, economic and environmental aspects of the grant applications. No public comments were received. FI SC A L I M P A CTFISCAL I M P A C T The 2025 City Budget assumed that the City would secure this grant funding. Without applying for this grant funding, the City will not be able to maintain existing service levels. Applying for these grants does not obligate the City to spend any money beyond what was designated in the 2025 City Budget. REC O M M E N D A TI ONRECOMMENDATION The Transportation Department recommends the Common Council approve this resolution to submit these grant applications as presented. Please contact me if you have any questions. A t t a chment sAttachments RES 24-596 11/26/2024 24-596 RESOLUTION     CARRIED 7-0     PURPOSE: AUTHORIZE GO TRANSIT TO APPLY FOR 2025 FTA & WISDOT OPERATING ASSISTANCE GRANTS AND COUNTY TRANSPORTATION ASSISTANCE INITIATED BY : TRANSPORTATION DEPARTMENT         WHEREAS, the Federal Transportation Administrator, the Wisconsin Department of Transportation and Winnebago County each award financial assistance for transportation projects that may be utilized for GO Transit’s 2025 operational and capital needs; and     WHEREAS, GO Transit has identified specific projects or programs which match the Financial Assistance programs and seeks council approval to apply for, receive and utilize grant funding if awarded; and     WHEREAS, the grant or cooperative agreements for financial assistance will impose certain obligations upon the Applicant, and may require the Applicant to provide the local share of the project cost; and     WHEREAS, the Applicant has or will provide all annual certifications and assurances to the Federal Transit Administration, the Wisconsin Department of Transportation and Winnebago County as required for the projects. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh That the Transportation Director is authorized to execute and file an application in the amount of $1,191,900.00 for operating assistance from the 2025 Wisconsin Department of Transportation Operating Grant under S.85.20, Wis. Stats.  1. That the Transportation Director  is authorized to execute and file an application for 2025 Federal Operating Assistance and Capital Grants in the amount of $2,410,600.00 for operating assistance and $2,000,000 for capital assistance to fund the purchase of up to 2 transit buses on behalf of the City of Oshkosh with the Federal Transit Administration for federal assistance authorized by 49 U.S.C. chapter 53, Title 23, United States Code, or other federal statutes authorizing a project administered by the Federal Transit Administration.  The Applicant is the Designated Recipient as defined by 49 U.S.C. § 5307(a)(2). 2. That the Transportation Director is authorized to execute and file an application in the amount of $511,145.00 to assist with paratransit services with Winnebago County for 2025 Winnebago County and Other Transportation Assistance. 3. That the Transportation Director is authorized to execute and file the annual certifications and assurances and other documents the Federal Transit Administration, the Wisconsin Department of Transportation and Winnebago County may require before awarding a federal or state assistance grant or cooperative agreement. 4. That the Transportation Director is authorized to execute grant and cooperative agreements with the Federal Transit Administration, the Wisconsin Department of Transportation and Winnebago County for these purposes on behalf of the City of Oshkosh. 5.   TO :T O :Honorable Mayor and Members of the Common Council FRO M :FRO M :Ray Maurer D A TE :D A T E :November 26, 2024 SUB JEC T:SUB JEC T :Res 24-597 Approve Reallocation of $500,000 in the 2024 Parks Department Capital Improvement Program Budget from Funding Design Services for the Menominee Park Parking Lot and Reetz Fields to Fund Design and Construction of a New Restroom/Concession Stand at Reetz Fields (Advisory Park Board Recommends Approval) B A C KGRO UN DBACKGROUND The 2024 Capital Improvement Program (CIP) budget included $500,000 for design services for the reconstruction of the Menominee Park Miller's Bay parking lot, Reetz ball fields and the restroom/concessions building. This project has been in the CIP for over 10 years and delayed every year due to higher priority projects. The entire project cost has increased significantly over the years and is estimated at over $5 million currently. When staff was presenting the 2024 proposed CIP to the Advisory Park Board in June 2023, discussion took place that if the entire reconstruction doesn't get funded in the near future that a phasing approach will be considered. A N A L Y SI SANALYSIS At the October 14, 2024 Advisory Park Board, staff presented the Board with a recommendation to reallocate the $500,000 in funds to be utilized for the design and construction of a new restroom/concession building at Reetz Fields as the first phase of improvements. The Board voted unanimously to support the recommendation. These restrooms and the restrooms at Rainbow Memorial Park are the two remaining outdated facilities within the park system as the restroom upgrades were planned as part of larger projects. We have received numerous complaints from users of the ball fields and the boat launch on the condition of the facilities as well as not being ADA compliant. At the October 28, 2024 Common Council Budget Workshop, Parks Department staff informed the Council that this budget reallocation request would be forthcoming. FI SC A L I M P A CTFISCAL I M P A C T This amendment with authorize funding be reallocated $500,000.00 from Account No.03250610-7206-62010 design services for the Menominee Park Parking Lot and Reetz Fields project to Account No.03250610- 6401-62010 design and construction of a new restroom/concession building at Reetz Fields. REC O M M E N D A TI ONRECOMMENDATION Staff recommends that Council approve this resolution. A t t a chment sAttachments RES 24-597 11/26/24 24-597 RESOLUTION     CARRIED 7-0     PURPOSE: APPROVE REALLOCATION OF $500,000 IN THE 2024 PARKS DEPARTMENT CAPITAL IMPROVEMENT PROGRAM BUDGET FROM FUNDING DESIGN SERVICES FOR THE MENOMINEE PARK PARKING LOT AND REETZ FIELDS TO FUND DESIGN AND CONSTRUCTION OF A NEW RESTROOM/CONCESSION STAND AT REETZ FIELDS (ADVISORY PARK BOARD RECOMMENDS APPROVAL) INITIATED BY : PARKS DEPARTMENT         WHEREAS, the Common Council has adopted the 2024 Parks Department Capital Improvement Program (CIP), which is on file in the Office of the City Clerk and available for public inspection; and     WHEREAS, staff and the Parks Advisory Board have reviewed the most immediate needs within the parks system recommend the reallocation of funds included in the 2024 Parks Department Capital Improvement Budget from design services for the Menominee Park parking lot and Reetz Fields project to fund the design and construction of a new restroom/concession building at Reetz Fields project.     WHEREAS, by the Common Council of the City of Oshkosh that the 2024 Parks Department Capital Improvement Budget funding, on file in the City Clerk's Office, is hereby amended to reallocate $500,000 from funding design services for the Menominee Park Parking Lot and Reetz Fields project to fund design and construction of a new restroom/concession building at Reetz Fields. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that the 2024 Parks Department Capital Improvement Budget, on file in the City Clerk's Office, is hereby amended to reallocate $500,000.00 from Account No.03250610-7206-62010 design services for the Menominee Park Parking Lot and Reetz Fields project to Account No.03250610-6401-62010 design and construction of a new restroom/concession building at Reetz Fields.   TO :T O :Honorable Mayor and Members of the Common Council FRO M :FRO M :Ray Maurer D A TE :D A T E :November 26, 2024 SUB JEC T:SUB JEC T :Res 24-598 Approve Amendment to the 2024 Capital Improvement Budget for Pollock Water Park Replastering Project (Advisory Park Board Recommends Approval) B A C KGRO UN DBACKGROUND The 2024 Pollock Water Park budget included $370,000 and the 2024 Capital Improvement Program budget included an additional $50,000 for the replastering of the leisure pool and deep well which was necessary due to the age of the pool. When staff was developing the 2024 budget, we had anticipated the entire cost of this project being funded by the Pollock Water Park maintenance endowment at the Oshkosh Area Community Foundation. However, earlier this summer we were informed that the endowment fund at the Foundation could not go below $900,000 per the agreement from when the fund was established in 2005. The endowment fund cannot absorb the entire cost of the project without going below $900,000. A N A L Y SI SANALYSIS Staff reviewed the potential options for funding the deficit for this project. The Parks Department Administration and Operations Building project has $293,614 remaining in contingency. At the October 14, 2024 Advisory Park Board, staff presented the Board with a recommendation to transfer $250,000 from the Parks Department Administration and Operations Building project to the Pollock Water Park budget to cover a portion on the plastering project cost. The Advisory Parks Board voted unanimously to support the decision. At the October 28, 2024 Common Council Budget Workshop, Parks Department staff informed the Council that this budget amendment would be forthcoming. FI SC A L I M P A CTFISCAL I M P A C T The total fiscal impact of this budget amendment is $250,000. This amendment will authorize funding for the pool plastering project to be transferred from A/N #: 0323-0610-7214-63115 Parks Department Administration and Operations to A/N#: 0259-0610-7214-62085 Pollock Water Park Buildings/Building Improvement. REC O M M E N D A TI ONRECOMMENDATION Staff recommends that Council approve this resolution. A t t a chment sAttachments RES 24-598 11/26/24 24-598 RESOLUTION     CARRIED 7-0     PURPOSE: APPROVE AMENDMENT TO THE 2024 CAPITAL IMPROVEMENT BUDGET FOR POLLOCK WATER PARK REPLASTERING PROJECT (ADVISORY PARK BOARD RECOMMENDS APPROVAL) INITIATED BY : PARKS DEPARTMENT         WHEREAS, the Common Council has adopted the 2024 Operating Budget, which is on file in the Office of the City Clerk and available for public inspection; and     WHEREAS, it is necessary to amend the 2024 Pollock Community Water Park Operating Budget to provide funding for a portion of the pool replastering project.  NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that the 2024 Pollock Water Park Operating Budget, on file in the City Clerk's Office, is hereby amended to transfer $250,000 from Account No. 0323-0610-7214-63115 (Parks Department Administration and Operations Building) to Account No. 0259-0610-7214-62085 (Pollock Water Park Buildings/Building Improvement).   TO :T O :Honorable Mayor and Members of the Common Council FRO M :FRO M :Dan Braun, Senior Services Manager D A TE :D A T E :November 26, 2024 SUB JEC T:SUB JEC T :Res 24-599 Approve Acceptance of Donation and Amendment to Operating Budget for Oshkosh Seniors Center for Programming Software Subscription to GetSetUp.com ($15,000.00) B A C KGRO UN DBACKGROUND The Oshkosh Seniors Center received a $15,000 donation from the Friends of the Oshkosh Seniors Center Inc. towards the support of a software subscription to GetSetUp.com which supports Oshkosh Seniors Center virtual programming. A N A L Y SI SANALYSIS GetSetUp is a technology platform that offers educational and well-being virtual programs for older adults, enabling them to live fulfilling lives. Assuming the City Council approves the acceptance of this donation, funds will be allocated to the Oshkosh Seniors Center revenue and expenditure accounts for the software license. FI SC A L I M P A CTFISCAL I M P A C T The acceptance of these donated funds in the amount of $15,000 will offset expenditures in the Oshkosh Seniors Center 2024 budget. Deposit $15,000 to Senior Donations 0231-0760-4952 Allocate $15,000 to Subscription/Licensing Contracts 0231-0760-6415 REC O M M E N D A TI ONRECOMMENDATION Staff recommends that the Council adopt this resolution. A t t a chment sAttachments RES 24-599 11/26/2024 24-599 RESOLUTION     CARRIED 7-0     PURPOSE: APPROVE ACCEPTANCE OF DONATION AND AMENDMENT TO OPERATING BUDGET FOR OSHKOSH SENIORS CENTER FOR PROGRAMMING SOFTWARE SUBSCRIPTION TO GETSETUP.COM ($15,000.00) INITIATED BY : PARKS DEPARTMENT         WHEREAS, the Common Council has adopted the 2024 Operations 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 Oshkosh Seniors Center Operations Budget to account for a donation and corresponding expenditure for a software subscription to support virtual programming through the Senior Center. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that the 2024 Operations Budget, on file in the City Clerk's Office, is hereby amended as follows: To deposit $15,000 in donations, Account No. 0231-0760-4952 Senior Donations To allocate $15,000 to Account No. 0231-0760-6415 Subscription/Licensing Contracts   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 :November 26, 2024 SUB JEC T:SUB JEC T :Res 24-600 Approve Budget Amendment for 2025 Fire Special Revenue Fund Assistance to Firefighters Grant to Accept Revenue and Approve Increases in Expenses ($37,337.05) B A C KGRO UN DBACKGROUND The Oshkosh Fire Department applied for a grant from the State of Wisconsin Division of Emergency Management (WEM) Hazardous Materials Emergency Response program to purchase radiological detection equipment. A N A L Y SI SANALYSIS The Oshkosh Fire Department was awarded $37,337.05 from WEM to purchase radiological detection equipment and the necessary supplies to support the detectors. FI SC A L I M P A CTFISCAL I M P A C T The total cost for the equipment will be $37,337.05. A Budget Amendment is necessary to receive the funds from WEM in account 0235-0230-4236-20552 STATE AID-OTHER and allow for an increase of expenditures of $37,337.05 from account, 0235-0230-7204-20552 Machinery & Equipment to purchase the equipment. REC O M M E N D A TI ONRECOMMENDATION The recommendation would be that Common Council approve this amendment to accept the award and subsequently make purchases with the grant dollars. This purchase of services will be of direct benefit to the department, the City of Oshkosh, and those we serve. A t t a chment sAttachments RES 24-600 Oshkosh Award Document 11/26/2024 24-600 RESOLUTION     CARRIED 7-0     PURPOSE: APPROVE BUDGET AMENDMENT FOR 2025 FIRE SPECIAL REVENUE FUND ASSISTANCE TO FIREFIGHTERS GRANT, TO ACCEPT REVENUE AND APPROVE INCREASES IN EXPENSES ($37,337.05) INITIATED BY : OSHKOSH FIRE DEPARTMENT         WHEREAS, the Common Council has adopted the 2025 Operations Budget, which is on file in the Office of the City Clerk and available for public inspection; and     WHEREAS, the Oshkosh Fire Department applied for a grant from the State of Wisconsin Division of Emergency Management (WEM) Hazardous Materials Emergency Response program to purchase radiological detection equipment was has been awarded to the City; and     WHEREAS, it is necessary to amend the 2025 Budget to: Account for funds received and to allow for increase in revenues in account 0235-0230-4236-20552 State Aid-Other for funds received from WEM and allow for an increase of expenditures of $37,337.05 for account 0235-0230-7204-20552 Machinery & Equipment to purchase the equipment NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that the 2025 Operations Budget, on file in the City Clerk's Office, is hereby amended to accept the award of funds from the State of Wisconsin Division of Emergency Management (WEM) Hazardous Materials Emergency Response program to purchase radiological detection equipment and to increase revenues and expenditures as follows for the purpose of purchasing radiological detection equipment and the necessary supplies to support the detectors: increase in revenues in account 0235-0230-4236-20552 State Aid-Other in the amount of $37,337.05 increase expenditures in the amount of $37,337.05 for account 0235-0230-7204-20552 Machinery & Equipment to purchase the equipment   November 14, 2024 Brian Bending, Assistant Chief/HazMat Oshkosh Fire Department 101 Court St Oshkosh, WI 54901 RE: Hazmat Regional Emergency Response/HRER WHMRS Equipment Grant WEM Grant Number: 2024-HRER-01-14077 Dear Brian Bending: Congratulations! Wisconsin Emergency Management has approved a grant award to City of Oshkosh in the amount of $37,337.05. These funds are from WEM’s Hazmat Regional Emergency Response available through the State of Wisconsin. This grant supports the City of Oshkosh Hazmat Regional Emergency Response/HRER WHMRS Equipment Grant project. As Project Director, you will be responsible for seeing that funds are administered according to the approved application materials in Egrants; all requirements, including reporting, outlined in the Funding Announcement; Terms and Conditions; and enclosed Grant Agreement. To accept this award, have the Authorized Official review and sign the award agreement. Once signed, return one copy to WEM via email to anita.smith@widma.gov, and keep a copy for your records. Please reach out to the WEM Grant Manager, Anita Smith, with any questions regarding your grant and responsibilities. We look forward to a collaborative working relationship with you. Sincerely, Greg Engle, Administrator Wisconsin Emergency Management HRER WHMRS Equipment SFY2024 Hazmat Regional Emergency Response/HRER WHMRS Equipment Grant 2024-HRER-01-14077 This subaward grant agreement (Agreement) is made by and between the Wisconsin Department of Military Affairs, Division of Emergency Management (WEM) and City of Oshkosh (the Grantee) to establish the obligations the Grantee must assume in exchange for an award of funds in the amount of $37,337.05 under the Wis. Stat. §323.70(6)(m). WEM and City of Oshkosh are referred to individually as a Party and collectively as the Parties. RECITALS WHEREAS, WEM is authorized to make funds (Grant Funds) available under the Hazmat Regional Emergency Response grant program as described in the Notice of Funding Opportunity; and WHEREAS, the Grantee applied to WEM for Grant Funds; and WHEREAS, WEM has approved the application and the Grantee desires to accept the Grant Funds; NOW THEREFORE, in consideration of the mutual promises set forth below and other considerations, the Parties agree as follows. TERMS AND CONDITIONS 1. The Recitals are incorporated by reference in this Terms and Conditions section of the Agreement. 2. The Notice of Funding Opportunity (NOFO) including all Terms and Conditions as provided or referenced, and the obligations set forth in them are made part of this Agreement by reference. 3. The submitted application as approved by WEM in Egrants is incorporated by reference in the Terms and Conditions section of this Agreement. 4. The Grantee shall administer the programs or projects within the grant period for which this grant is awarded and referenced in Exhibit A, in accordance with the applicable rules, regulations, limitations, and conditions set forth in Exhibit B which are made part of this Agreement by reference. 5. The individuals executing this Agreement represent that they have the authority to sign this Agreement on behalf of and bind their respective Parties. THE PARTIES, BY THE SIGNATURES BELOW, AGREE THAT THEY HAVE READ AND UNDERSTAND THE TERMS AND CONDITIONS OF THIS AGREEMENT AND TO BE BOUND BY THEM. Wisconsin Department of Military Affairs, Division of Emergency Management (WEM) Grantee City of Oshkosh 11/14/2024 Greg Engle WEM Administrator Date Matt Mugerauer Date Mayor WEM Grant Agreement 2024-HRER-01-14077 Exhibit A – Approved Award Funding Authorization Information Funding authorization: Wis. Stat. §323.70(6)(m) Assistance Listing Number (ALN) or State Identification Number: 465.313 Notice of Funding Opportunity: HRER WHMRS Equipment SFY2024 Approved Award Information Award date: November 14, 2024 Grantee: City of Oshkosh UEI: Project Title: Hazmat Regional Emergency Response /HRER WHMRS Equipment Grant Grant Period: From November 18, 2024 To March 31, 2025 Grant Number: 2024-HRER-01-14077 Award Amount: $37,337.05 Project Director: Brian Bending, Assistant Chief/HazMat; Oshkosh Fire Department Project Summary: HRER WHMRS Equipment Grant Grantee Risk Rating Approved Award Budget Budget Cost Category Local Match Subaward Personnel Fringe Benefits Travel (Including Training) Equipment $25,356.00 Supplies & Operating Expenses $11,981.05 Consultants/Contractual Other Indirect Sum TOTAL APPROVED BUDGET $37,337.05 WEM Grant Agreement 2024-HRER-01-14077 Exhibit B – DMA/WEM Standard Terms & Conditions Article I. Notice of Funding Opportunity Requirements All the instructions, guidance, limitations, and other conditions set forth in the Notice of Funding Opportunity (NOFO) for this program are incorporated here by reference in the award terms and conditions. All recipients and subrecipients must comply with any such requirements set forth in the program NOFO. Article II. Compliance with Award Terms and Conditions Submission of an application constitutes the recipient’s agreement to comply with and spend funds consistent with all the terms and conditions of this award. If DMA, WEM determines that noncompliance by the recipient cannot be remedied by imposing additional conditions, WEM may take one or more of the following actions, as appropriate in the circumstances: (a) Temporarily withhold cash payments pending correction of the deficiency by the recipient. (b) Disallow all, or part of, the cost of the activity or action not in compliance. (c) Wholly or partly suspend or terminate the award. (d) Initiate suspension or debarment proceedings as authorized under 2 CFR part 180. (e) Withhold further Federal awards for the project or program. (f) Take other remedies that may be legally available. Article III. Recipient Responsibilities In accepting this financial assistance award (grant or cooperative agreement), the recipient assumes legal, financial, administrative, and programmatic responsibility for administering the award in accordance with the laws, rules, regulations, and Executive Orders governing grants and cooperative agreements, and these Award Terms and Conditions, including responsibility for complying with any provisions included in the award. Article IV. Order of Precedence Any inconsistency or conflict in the terms and conditions specified in this award will be resolved in accordance with the term or condition that is the stricter of the two. Article V. Adherence to Original Project Objectives and Budget Estimates The recipient is responsible for any commitments or expenditures it incurs in excess of the funds provided by an award. Pre-award costs are those incurred prior to the effective date of the award directly pursuant to the negotiation and in anticipation of the award where such costs are necessary for efficient and timely performance of the scope of work. Such costs are allowable only to the extent that they would have been allowable if incurred after the date of the award, and only with the written approval of the program authorizing official or delegate. Article VI. Acceptance of Post Award Changes In the event DMA determines that changes are necessary to the award agreement after an award has been made, including changes to period of performance or terms and conditions, subrecipients will be notified of the changes in writing. Once notification has been made, any subsequent request for funds will indicate recipient acceptance of the changes to the award. Article VII. Prior approval and modifications All activity and the corresponding incurred expenses must be approved and have a fully executed award agreement prior to conducting the activity and/or incurring the expense unless otherwise stated in the Notice of Funding Opportunity (NOFO). The following require WEM’s advanced written approval: i.Changes to key personnel ii.Changes to the grant period must be submitted prior to the approved end date of the grant. iii.Changes to the scope, objectives, performance measures and intent of the approved award. iv.Changes to the budget that do not fall within a change to the scope or objective but exceeds the approved budget categories by ten percent (10%) of the total award. WEM will notify the subrecipient in writing within 30 calendar days after receipt of the request for revision or adjustment whether the request has been approved. Upon approval, WEM will issue a signed Grant Adjustment Notification (GAN). All changes are not officially approved until the GAN is received by the subrecipient. Article VIII. Allowable activity and costs Only activity and expenses that are approved within the approved award’s application may be allowable for reimbursement by grant funds. All approved costs must be allowable, allocable, necessary and reasonable. To be allowable under a grant program, costs must match the sub-grant’s approved award and must comply with the following: (a) Be incurred and obligated (purchase order issued, class scheduled) within the performance period. (b) If incurred within the performance period, payment must be made within 30 days of the grant period end date and prior to submitting a request for reimbursement. WEM Grant Agreement 2024-HRER-01-14077 Exhibit B – DMA/WEM Standard Terms & Conditions Article IX. Project Income All income generated as a direct result of a grant-funded project shall be deemed project income. Project income must be used for the purpose and under the conditions applicable to the award. Project income should be used as earned and accounted for in your reimbursement request. Article X. Duplication of Benefits Any cost allocable to a particular financial assistance award provided for may not be charged to other financial assistance awards to overcome fund deficiencies; to avoid restrictions imposed by federal statutes, regulations, or financial assistance award terms and conditions; or for other reasons. However, these prohibitions would not preclude subrecipients from shifting costs that are allowable under two or more awards in accordance with existing statutes, regulations , or the financial assistance award terms and conditions. Article XI. Procurement Recipients and subrecipients shall use their own procurement procedures and regulations, provided that the procurement conforms to applicable Federal, state, local, and tribal laws and procurement standards. Under Wis. Stat. § 16.73, the State of Wisconsin’s Department of Administration (DOA) is able, upon request, to provide technical purchasing information such as standard forms, manuals, product specifications, standards, and contract templates. Article XII. Travel expenses Recipients and subrecipients shall use their own travel policy and procedures, provided that the policy and procedure conform to applicable state law and federal law if not otherwise stated in the Notice of Funding Opportunity. Article XIII. Equipment and supplies Equipment and supplies must be received and placed into inventory before the end date of the grant. All personnel who utilize equipment purchased with funds from this grant must receive training either through the equipment vendor or other competent source specific to that piece of equipment before it is put into service. The sub-recipient is required to maintain proper training and inventory records for the appropriate retention period. Article XIV. Acknowledgement of Funding from WEM Recipients and Subrecipients must acknowledge their use of funding when issuing statements, press releases, requests for proposal, bid invitations, and other documents describing projects or programs funded in whole or in part with grant funds. Article XV. Payments and closeout Grant funds will be paid on a reimbursement basis only and disbursed by WEM upon completion of and approval of all monitoring requirements including Program Report(s), Fiscal Report(s), and satisfaction of Special Conditions as well as verification to the best of WEM’s ability that all terms, conditions and requirements have been met. If DMA/WEM determines that payment to the subrecipient was not proper after the payment has been made, WEM will notify the subrecipient of recoupment in writing in which the subrecipient has 30 days to repay WEM or appeal the decision. Article XVI. Monitoring (a) Subrecipients must complete all required reporting and special conditions as stated in the NOFO, in the grant management system (Egrants), and upon the request of WEM officials. (c) Subrecipients must submit timely, complete, and accurate reports to the appropriate WEM officials and maintain appropriate backup documentation to support the reports for the appropriate retention period. (d) Subrecipients must comply with all other special reporting, data collection, and evaluation requirements, as prescribed by law, or detailed in program guidance. Article XVII. Best Practices for Collection and Use of Personally Identifiable Information Recipients who collect personally identifiable information (PII) are required to have a publicly available privacy policy that describes standards on the usage and maintenance of the PII they collect. Wis. Stats. § 19.62 (5) Personally Identifiable Information (PII) means information that can be associated with a particular individual through one or more identifiers or other information or circumstances. This includes, but is not limited to, Driver License Numbers, Social Security Numbers, Addresses, Telephone numbers, Credit Card information and/or bank account information. Article XVIII. Maintaining, retaining and access to records All recipients, subrecipients, successors, transferees, and assignees must comply with applicable provisions governing access to records, accounts, documents, information, facilities, and staff. (a) Subrecipients must maintain official grant records of all grant related activity, adherence to grant requirements, and grant funded costs. This includes but is not limited to documentation of actual time and WEM Grant Agreement 2024-HRER-01-14077 Exhibit B – DMA/WEM Standard Terms & Conditions effort of any personnel, materials, supplies, travel expenses, inventory records, management of assets, rational and justification to support any split allocation of costs, and any other records that support the allowability of expenditures of grant funds. (b) Subrecipients must cooperate with any compliance reviews or compliance investigations conducted by the State of Wisconsin, Department of Military Affairs and/or Wisconsin Emergency Management. (e) Subrecipients must give access to examine and copy records, accounts, and other documents and sources of information related to the financial assistance award and permit access to facilities or personnel. Article XIX. Nondiscrimination In connection with the performance of work under this agreement the grantee agrees not to discriminate against any employee or grantee for employment because of age, race, religion, color, handicap, sex, physical condition, or developmental disability as defined in Wis. Stats. § 51.01(5), arrest or conviction record, sexual orientation, as defined in Wis. Stat. § 111.32(13m), or national origin, or ancestry, or marital status. This provision shall include, but not be limited to the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay, or other forms of compensation, and selection for training, including apprenticeship. Except with respect to sexual orientation, the Grantee further agrees to take affirmative action to ensure equal employment opportunities. The Grantee agrees to post in conspicuous places, available for employees and Grantees for employment, notices to be provided by the contracting officer setting forth the provisions of the nondiscrimination clause. The recipient shall comply with Section 504, rehabilitation Act of 1973 which prohibits discrimination on the basis of a physical condition or handicap and the Age Discrimination Act of 1975, which prohibits discrimination because of age. Article XX. Liability The State of Wisconsin and the Department of Military Affairs, Wisconsin Emergency Management, its agents and employees shall not be liable to the subrecipient, or to any individuals or entities with whom the subrecipient contracts for any direct, indirect, incidental, consequential, or other damages sustained or incurred because of activities, actions or inactions on the part of the subrecipient for services rendered pursuant to the Award Agreement. The subrecipient agrees to indemnify and save and hold the Department of Military Affairs, Wisconsin Emergency Management, its agents and employees harmless from all claims or causes of action arising from the performance of this award by the subrecipient or subrecipient’s agent or employees. Article XXI. Establishment of safeguards The recipient shall ensure the establishment of safeguards to prevent employees, consultants, or members of the governing bodies from using their positions for purposes that are, or give the appearance of being, motivated by a desire for private gain for themselves or others, such as those with whom they have family, business, or other ties as specified in Wisconsin Statutes § 946.10 and § 646.13. Article XXII. Termination of Agreement. Any termination of this grant award shall be without prejudice to any obligations or liabilities of either party already accrued prior to such termination. This grant award may be terminated in whole or in part as follows: (a) DMA/WEM may terminate this grant award at any time for cause by delivering thirty (30) days written notice to the recipient. Upon termination, the awarding agency’s liability will be limited to the pro rata cost of the services performed as of the date of termination plus expenses incurred with the prior written approval of the awarding agency. (b) DMA/WEM may terminate this grant award at will effective upon delivery of written notice to the recipient, under any of the following conditions: (i) If the awarding agency’s funding from federal, state, or other sources is not obtained and/or continued at levels sufficient to allow for purchases of the indicated quantity of services, the grant may be modified to accommodate a reduction or increase in funds. (ii) If federal or state laws, rules, regulations, or guidelines are modified, changed, or interpreted in such a way that the services are no longer allowable or appropriate for purchase under this grant or are no longer eligible for the funding proposed for payments by this grant. (iii) If any license or certification required by law or regulation to be held by the recipient to provide the services required by this grant award is for any reason denied, revoked, or not renewed. 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 :November 26, 2024 SUB JEC T:SUB JEC T :Res 24-601 Approve Professional Services Agreement with AECOM for Environmental Support for 2025 Capital Improvement Projects (CIP) ($134,595.00) B A C KGRO UN DBACKGROUND The Department of Public Works requested a proposal from AECOM for environmental support for the 2025 calendar year. The services provided under this proposal include, but are not limited to, Phase I and II Environmental Site Assessments, site investigations/characterizations and cleanups, documentation of contaminated soil removal during construction activities, and offsite treatment and disposal applications and approvals. A N A L Y SI SANALYSIS AECOM was chosen for this work due to their knowledge of the City, and vast experience with this type of work from our previous programs. The work associated with this Project requires an extremely short response time in order to reduce/eliminate down time charges from contractors. When contamination is discovered in the field, the Contractor cannot proceed with work until the Consultant is on site to test, document, and ensure the materials are handled appropriately in accordance with all local, state, and federal laws. FI SC A L I M P A CTFISCAL I M P A C T Staff has reviewed the agreement and costs. The cost of these services is estimated not to exceed $134,595, and will be charged to the Storm Water Utility, Water Utility, Sanitary Sewer Utility, or the Street Paving or Property Improvements CIP depending on the location of any contamination encountered. Funding is available in all five (5) accounts (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 (Code) provides that professional services of a specialized nature, including engineering services, may be procured without the use of formal, sealed quotes. I have reviewed this agreement and in accordance with Section 12-16 of the Code, I am hereby recommending that the Common Council approve the award of this professional services agreement. A t t a chment sAttachments Res 24-601 AECOM 2025 Env Support Proposal 11/26/2024 24-601 RESOLUTION     CARRIED 7-0     PURPOSE: APPROVE PROFESSIONAL SERVICES AGREEMENT WITH AECOM FOR ENVIRONMENTAL SUPPORT FOR 2025 CAPITAL IMPROVEMENT PROJECTS (CIP) ($134,595.00) INITIATED BY : DEPARTMENT OF PUBLIC WORKS     BE IT FURTHER RESOLVED by the Common Council of the City of Oshkosh that the proper City officials are hereby authorized to enter into and take those steps necessary to implement an appropriate professional services agreement with AECOM for Environmental Support for 2025 Capital Improvement Projects (CIP) in the amount of one hundred thirty-four thousand five hundred ninety-five dollars and no cents ($134,595.00). Acct. Nos.  03210410-68XX-XXXXX   Multiple Funds 03231717-7216-63001      Parking Lot Improvements-Land Improvement-Parking Lot Improvements     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 :November 26, 2024 SUB JEC T:SUB JEC T :Res 24-602 Approve Initial Resolution for Special Assessments for Sidewalk (New and Rehabilitation), Driveway Aprons, Sanitary Sewer Main and Laterals (New and Relay), Water Main and Laterals (New and Relay), and Storm Sewer Mains and Laterals (New and Relay) Relating to Contract No. 25-04 Bay Shore Drive (Broad Street to Mill Street) Broad Street (Bay Shore Drive to 75' North of Bay Shore Drive) Bay Street (100' North of Bay Shore Drive to the Fox River) B A C KGRO UN DBACKGROUND This resolution is the initial resolution for allowing the City of Oshkosh (City) to assess abutting property owners for improvements to be completed during the reconstruction of Bay Shore Drive, from Broad Street to Mill Street, and Bay Street, from Bay Shore Drive to the Fox River. The assessable work may include sidewalk (new and rehabilitation), driveway aprons, sanitary sewer mains and laterals (new and relay), storm sewer mains and laterals (new and relay), and water mains and laterals (new and relay). Sidewalk and driveway assessments will only be generated if/when sidewalk or driveway are to be installed as new or if a property owner requests additional work, outside the scope of work planned by the City. Additionally, the Transportation Committee will be taking up action on ordering in sidewalk along Bay Shore Drive, from Broad Street to Mill Street, and on Bay Street, from Bay Shore Drive to the Fox River. Any Council action on ordering in sidewalk will be done at a future meeting. A N A L Y SI SANALYSIS The resolution allows City staff to proceed with preparing assessments for the abutting properties. A public hearing needs to be held and a final resolution needs to be approved by the Council prior the assessments being levied on the properties. FI SC A L I M P A CTFISCAL I M P A C T Assessments allow the City to recover a portion of the costs associated with projects from benefiting properties. Funding for the Project is included in the 2025 Capital Improvement Program in the Street, Storm Sewer, Sanitary Sewer, Water Main, Sidewalk, and Traffic Improvement sections (Account #03210410-6801-04504/Contract Control-Paving-25-04 Bay Shore Dr/Bay St, #03210410-6804-04504/Contract Control-Storm Sewer-25-04 Bay Shore Dr/Bay St, #03210410-6802-04504/Contract Control-Sanitary Sewer-25- 04 Bay Shore Dr/Bay St, #03210401-6803-04504/Contract Control-Water Main-25-04 Bay Shore Dr/Bay St, and #03210410-6806-04504/Contract Control-Sidewalk-25-04 Bay Shore Dr/Bay St). REC O M M E N D A TI ONRECOMMENDATION I recommend approval of the initial resolution. A t t a chment sAttachments RES 24-602 11/26/2024 24-602 RESOLUTION     CARRIED 7-0     PURPOSE: APPROVE INITIAL RESOLUTION FOR SPECIAL ASSESSMENTS FOR SIDEWALK (NEW AND REHABILITATION), DRIVEWAY APRONS, SANITARY SEWER MAIN AND LATERALS (NEW AND RELAY), WATER MAIN AND LATERALS (NEW AND RELAY), AND STORM SEWER MAINS AND LATERALS (NEW AND RELAY) RELATING TO CONTRACT NO. 25-04 BAY SHORE DRIVE (BROAD STREET TO MILL STREET) BROAD STREET (BAY SHORE DRIVE TO 75’ NORTH OF BAY SHORE DRIVE) BAY STREET (100’ NORTH OF BAY SHORE DRIVE TO THE FOX RIVER) INITIATED BY : DEPARTMENT OF PUBLIC WORKS     BE IT FURTHER RESOLVED BE IT RESOLVED BY the Common Council of the City of Oshkosh as follows: The Common Council hereby declares its intention to exercise its police power under Section 66.0703 and 66.0705 of the Wisconsin Statutes to levy special assessments upon property within the following described areas for benefits conferred upon such property by improving the following: 1. Sidewalk (New and Rehabilitation), Driveway Aprons, Sanitary Sewer Main and Laterals (New and Relay), Water Main and Laterals (New and Relay), and Storm Sewer Mains and Laterals (New and Relay): Bay Shore Drive from Broad Street to Mill Street Broad Street from Bay Shore Drive to 75’ North of Bay Shore Drive Bay Street from 100’ North of Bay Shore Drive to the Fox River The total amount assessed against such district shall not exceed the total cost of the improvements and the amount assessed against any parcel shall not be greater than the benefits accrued thereto from said improvements. 2. The assessments against any parcel may be paid according to the provisions of Chapter 21 of the Oshkosh Municipal Code. 3. The governing body determines that the improvements constitute an exercise of the police power for the health, safety, and general welfare of the municipality and its inhabitants. 4. The Board of Public Works is directed to prepare a report consisting of: Final plans and specifications for said improvements.a. An estimate of the entire cost of the proposed work or improvements.    b. An estimate as to each parcel of property within the assessment district of: The assessment of benefits to be levied for each improvement. 1. The damages to be awarded for property taken or damages by each improvement.2. The net amount of benefits over damages or the net amount of damages over benefits for each improvement. 3. The total assessment against each parcel4. c. 5. Upon completion of such report, the Board of Public Works is directed to file a copy thereof in the City Clerk's Office for public inspection.  Upon receiving the report of the Board of Public Works, the City Clerk is directed to give notice of a public hearing on such reports as specified in Section 66.0703(7)(a) of the Wisconsin Statutes.  The hearing shall be held before the Common Council at the Council Chambers, Room 406 in the City Hall at a time set by the Clerk in accordance with the Wisconsin Statutes.  The assessment against any parcel may be paid in cash, paid with the first property tax installment, or paid in installments pursuant to the provisions of Chapter 21 of the City of Oshkosh Municipal Code. 6. The installation of said street improvements shall be accomplished according to the provisions of7. Section 25-3 through 25-11 of the Oshkosh Municipal Code.   TO :T O :Honorable Mayor and Members of the Common Council FRO M :FRO M :Justin Gierach, Engineering Division Manager/City Engineer D A TE :D A T E :November 26, 2024 SUB JEC T:SUB JEC T :Res 24-603 Approve Initial Resolution for Special Assessments for Sidewalk (New and Rehabilitation), Driveway Aprons, Sanitary Sewer Main and Laterals (New and Relay), Water Main and Laterals (New and Relay), and Storm Sewer Mains and Laterals (New and Relay) Relating to Contract No. 25-05 Waugoo Avenue (Rosalia Street to Lake Winnebago) Sweet Street (Waugoo Avenue to 75' North of Waugoo Avenue) Shorelane Street (Waugoo Avenue to 75' North of Waugoo Avenue) B A C KGRO UN DBACKGROUND This resolution is the initial resolution for allowing the City of Oshkosh (City) to assess abutting property owners for improvements to be completed during the reconstruction of Waugoo Avenue, from Rosalia Street to Lake Winnebago. The assessable work may include sidewalk (new and rehabilitation), driveway aprons, sanitary sewer mains and laterals (new and relay), storm sewer mains and laterals (new and relay), and water mains and laterals (new and relay). Sidewalk and driveway assessments will only be generated if/when sidewalk or driveway are to be installed as new or if a property owner requests additional work, outside the scope of work planned by the City. A N A L Y SI SANALYSIS The resolution allows City staff to proceed with preparing assessments for the abutting properties. A public hearing needs to be held and a final resolution needs to be approved by the Council prior the assessments being levied on the properties. FI SC A L I M P A CTFISCAL I M P A C T Assessments allow the City to recover a portion of the costs associated with projects from benefiting properties. Funding for the Project is included in the 2025 Capital Improvement Program in the Street, Storm Sewer, Sanitary Sewer, Water Main, Sidewalk, and Traffic Improvement sections (Account #03210410-6801-04505/Contract Control-Paving-25-05 Waugoo Avenue Reconstruction, #03210410-6804- 04505/Contract Control-Storm Sewer-25-05 Waugoo Avenue Reconstruction, #03210410-6802- 04505/Contract Control-Sanitary Sewer-25-05 Waugoo Avenue Reconstruction, #03210401-6803- 04505/Contract Control-Water Main-25-05 Waugoo Avenue Reconstruction, #03210410-6806- 04505/Contract Control-Sidewalk-25-05 Waugoo Avenue Reconstruction, and #03210410-6809- 04505/Contract Control-Traffic-25-05 Waugoo Avenue Reconstruction). REC O M M E N D A TI ONRECOMMENDATION I recommend approval of the initial resolution. A t t a chment sAttachments RES 24-603 11/26/2024 24-603 RESOLUTION     CARRIED 7-0     PURPOSE: APPROVE INITIAL RESOLUTION FOR SPECIAL ASSESSMENTS FOR SIDEWALK (NEW AND REHABILITATION), DRIVEWAY APRONS, SANITARY SEWER MAIN AND LATERALS (NEW AND RELAY), WATER MAIN AND LATERALS (NEW AND RELAY), AND STORM SEWER MAINS AND LATERALS (NEW AND RELAY) RELATING TO CONTRACT NO. 25-05 WAUGOO AVENUE (ROSALIA STREET TO LAKE WINNEBAGO) SWEET STREET (WAUGOO AVENUE TO 75’ NORTH OF WAUGOO AVENUE) SHORELANE STREET (WAUGOO AVENUE TO 75’ NORTH OF WAUGOO AVENUE) INITIATED BY : DEPARTMENT OF PUBLIC WORKS     BE IT FURTHER RESOLVED BE IT RESOLVED BY the Common Council of the City of Oshkosh as follows: The Common Council hereby declares its intention to exercise its police power under Section 66.0703 and 66.0705 of the Wisconsin Statutes to levy special assessments upon property within the following described areas for benefits conferred upon such property by improving the following: 1. Sidewalk (New and Rehabilitation), Driveway Aprons, Sanitary Sewer Main and Laterals (New and Relay), Water Main and Laterals (New and Relay), and Storm Sewer Mains and Laterals (New and Relay): Waugoo Avenue from Rosalia Street to Lake Winnebago Sweet Street from Waugoo Avenue to 75’ North of Waugoo Avenue Shorelane Street from Waugoo Avenue to 75’ North of Waugoo Avenue The total amount assessed against such district shall not exceed the total cost of the improvements and the amount assessed against any parcel shall not be greater than the benefits accrued thereto from said improvements. 2. The assessments against any parcel may be paid according to the provisions of Chapter 21 of the Oshkosh Municipal Code. 3.  The governing body determines that the improvements constitute an exercise of the police power for the health, safety, and general welfare of the municipality and its inhabitants. 4. The Board of Public Works is directed to prepare a report consisting of: Final plans and specifications for said improvements.a. An estimate of the entire cost of the proposed work or improvements.    b. An estimate as to each parcel of property within the assessment district of: The assessment of benefits to be levied for each improvement. 1. The damages to be awarded for property taken or damages by each improvement.2. The net amount of benefits over damages or the net amount of damages over benefits for each improvement. 3. The total assessment against each parcel4. c. 5. Upon completion of such report, the Board of Public Works is directed to file a copy thereof in the City Clerk's Office for public inspection.  Upon receiving the report of the Board of Public Works, the City Clerk is directed to give notice of a public hearing on such reports as specified in Section 66.0703(7)(a) of the Wisconsin Statutes.  The hearing shall be held before the Common Council at the Council Chambers, Room 406 in the City Hall at a time set by the Clerk in accordance with the Wisconsin Statutes.  The assessment against any parcel may be paid in cash, paid with the first property tax installment, or paid in installments pursuant to the provisions of Chapter 21 of the City of Oshkosh Municipal Code. 6. The installation of said street improvements shall be accomplished according to the provisions of7. Section 25-3 through 25-11 of the Oshkosh Municipal Code.   TO :T O :Honorable Mayor and Members of the Common Council FRO M :FRO M :Justin Gierach, Engineering Division Manager/City Engineer D A TE :D A T E :November 26, 2024 SUB JEC T:SUB JEC T :Res 24-604 Approve Initial Resolution for Special Assessments for Sidewalk (New and Rehabilitation), Driveway Aprons, Sanitary Sewer Main and Laterals (New and Relay), Water Main and Laterals (New and Relay), and Storm Sewer Mains and Laterals (New and Relay) Relating to Contract No. 25-08 Central Street (West New York Avenue to West Bent Avenue) Tennessee Avenue (Central Street to 75' East of Central Street) West Custer Avenue (100' East and West of Central Street) West Nevada Avenue (75' East and West of Central Street) West Bent Avenue (75' East and West of Central Street) B A C KGRO UN DBACKGROUND This resolution is the initial resolution for allowing the City of Oshkosh (City) to assess abutting property owners for improvements to be completed during the reconstruction of Central Street, from West New York Avenue to West Bent Avenue. The assessable work may include sidewalk (new and rehabilitation), driveway aprons, sanitary sewer mains and laterals (new and relay), storm sewer mains and laterals (new and relay), and water mains and laterals (new and relay). Sidewalk and driveway assessments will only be generated if/when sidewalk or driveway are to be installed as new or if a property owner requests additional work, outside the scope of work planned by the City. A N A L Y SI SANALYSIS The resolution allows City staff to proceed with preparing assessments for the abutting properties. A public hearing needs to be held and a final resolution needs to be approved by the Council prior the assessments being levied on the properties. FI SC A L I M P A CTFISCAL I M P A C T Assessments allow the City to recover a portion of the costs associated with projects from benefiting properties. Funding for the Project is included in the 2025 Capital Improvement Program in the Street, Storm Sewer, Sanitary Sewer, Water Main, Sidewalk, and Traffic Improvement sections (Account #03210410-6801-04508/Contract Control-Paving-25-08 Central Street Reconstruction, #03210410-6804- 04508/Contract Control-Storm Sewer-25-08 Central Street Reconstruction, #03210410-6802-04508/Contract Control-Sanitary Sewer-25-08 Central Street Reconstruction, #03210401-6803-04508/Contract Control-Water Main-25-08 Central Street Reconstruction, #03210410-6806-04508/Contract Control-Sidewalk-25-08 Central Street Reconstruction, and #03210410-6809-04508/Contract Control-Traffic-25-08 Central Street Reconstruction). REC O M M E N D A TI ONRECOMMENDATION I recommend approval of the initial resolution. A t t a chment sAttachments RES 24-604 11/26/2024 24-604 RESOLUTION     CARRIED 7-0     PURPOSE: APPROVE INITIAL RESOLUTION FOR SPECIAL ASSESSMENTS FOR SIDEWALK (NEW AND REHABILITATION), DRIVEWAY APRONS, SANITARY SEWER MAIN AND LATERALS (NEW AND RELAY), WATER MAIN AND LATERALS (NEW AND RELAY), AND STORM SEWER MAINS AND LATERALS (NEW AND RELAY) RELATING TO CONTRACT NO. 25-08 CENTRAL STREET (WEST NEW YORK AVENUE TO WEST BENT AVENUE) TENNESSEE AVENUE (CENTRAL STREET TO 75’ EAST OF CENTRAL STREET) WEST CUSTER AVENUE (100’ EAST AND WEST OF CENTRAL STREET) WEST NEVADA AVENUE (75’ EAST AND WEST OF CENTRAL STREET) WEST BENT AVENUE (75’ EAST AND WEST OF CENTRAL STREET) INITIATED BY : DEPARTMENT OF PUBLIC WORKS     BE IT FURTHER RESOLVED BE IT RESOLVED BY the Common Council of the City of Oshkosh as follows: The Common Council hereby declares its intention to exercise its police power under Section 66.0703 and 66.0705 of the Wisconsin Statutes to levy special assessments upon property within the following described areas for benefits conferred upon such property by improving the following: 1. Sidewalk (New and Rehabilitation), Driveway Aprons, Sanitary Sewer Main and Laterals (New and Relay), Water Main and Laterals (New and Relay), and Storm Sewer Mains and Laterals (New and Relay): Central Street from West New York Avenue to West Bent Avenue Tennessee Avenue from Central Street to 75’ East of Central Street West Custer Avenue from 100’ East and West of Central Street West Nevada Avenue from 75’ East and West of Central Street West Bent Avenue from 75’ East and West of Central Street The total amount assessed against such district shall not exceed the total cost of the improvements and the amount assessed against any parcel shall not be greater than the benefits accrued thereto from said improvements. 2. The assessments against any parcel may be paid according to the provisions of Chapter 21 of the Oshkosh Municipal Code. 3.  The governing body determines that the improvements constitute an exercise of the police power for the health, safety, and general welfare of the municipality and its inhabitants. 4. The Board of Public Works is directed to prepare a report consisting of: Final plans and specifications for said improvements.a. An estimate of the entire cost of the proposed work or improvements.    b.  An estimate as to each parcel of property within the assessment district of: The assessment of benefits to be levied for each improvement. 1. The damages to be awarded for property taken or damages by each improvement.2. The net amount of benefits over damages or the net amount of damages over benefits for each improvement. 3. The total assessment against each parcel4. c. 5. Upon completion of such report, the Board of Public Works is directed to file a copy thereof in the City Clerk's Office for public inspection.  Upon receiving the report of the Board of Public Works, the City Clerk is directed to give notice of a public hearing on such reports as specified in Section 66.0703(7)(a) of the Wisconsin Statutes.  The hearing shall be held before the Common Council at the Council Chambers, Room 406 in the City Hall 6. at a time set by the Clerk in accordance with the Wisconsin Statutes.  The assessment against any parcel may be paid in cash, paid with the first property tax installment, or paid in installments pursuant to the provisions of Chapter 21 of the City of Oshkosh Municipal Code. The installation of said street improvements shall be accomplished according to the provisions of Section 25-3 through 25-11 of the Oshkosh Municipal Code. 7.   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 :November 26, 2024 SUB JEC T:SUB JEC T :Res 24-605 Approve Initial Resolution for Special Assessments for Sidewalk (New and Rehabilitation), Driveway Aprons, Sanitary Sewer Main and Laterals (New and Relay), Water Main and Laterals (New and Relay), and Storm Sewer Mains and Laterals (New and Relay) Relating to Contract No. 25-09 Michigan Street (West 7th Avenue to 150' South of West 11th Avenue) West 8th Avenue (100' East and West of Michigan Street) West 9th Avenue (100' East and West of Michigan Street) West 10th Avenue (100' East and West of Michigan Street) West 11th Avenue (Ohio Street to 100' East of Michigan Street) Ohio Street (100' North and South of West 11th Avenue) B A C KGRO UN DBACKGROUND This resolution is the initial resolution for allowing the City of Oshkosh (City) to assess abutting property owners for improvements to be completed during the reconstruction of Michigan Street, from West 7th Avenue to West 11th Avenue, and West 11th Avenue, from Ohio Street to Michigan Street. The assessable work may include sidewalk (new and rehabilitation), driveway aprons, sanitary sewer mains and laterals (new and relay), storm sewer mains and laterals (new and relay), and water mains and laterals (new and relay). Sidewalk and driveway assessments will only be generated if/when sidewalk or driveway are to be installed as new or if a property owner requests additional work, outside the scope of work planned by the City. A N A L Y SI SANALYSIS The resolution allows City staff to proceed with preparing assessments for the abutting properties. A public hearing needs to be held and a final resolution needs to be approved by the Council prior the assessments being levied on the properties. FI SC A L I M P A CTFISCAL I M P A C T Assessments allow the City to recover a portion of the costs associated with projects from benefiting properties. Funding for the Project is included in the 2025 Capital Improvement Program in the Street, Storm Sewer, Sanitary Sewer, Water Main, Sidewalk, and Traffic Improvement sections (Account #03210410-6801-04509/Contract Control-Paving-25-09 Michigan St/W 11th Ave Recon, #03210410-6804- 04509/Contract Control-Storm Sewer-25-09 Michigan St/W 11th Ave Recon, #03210410-6802- 04509/Contract Control-Sanitary Sewer-25-09 Michigan St/W 11th Ave Recon, #03210401-6803- 04509/Contract Control-Water Main-25-09 Michigan St/W 11th Ave Recon, #03210410-6806-04509/Contract Control-Sidewalk-25-09 Michigan St/W 11th Ave Recon, and #03210410-6809-04509/Contract Control- Traffic-25-09 Michigan St/W 11th Ave Recon). REC O M M E N D A TI ONRECOMMENDATION I recommend approval of the initial resolution. A t t a chment sAttachments RES 24-605 11/26/2024 24-605 RESOLUTION     CARRIED 7-0     PURPOSE: APPROVE INITIAL RESOLUTION FOR SPECIAL ASSESSMENTS FOR SIDEWALK (NEW AND REHABILITATION), DRIVEWAY APRONS, SANITARY SEWER MAIN AND LATERALS (NEW AND RELAY), WATER MAIN AND LATERALS (NEW AND RELAY), AND STORM SEWER MAINS AND LATERALS (NEW AND RELAY) RELATING TO CONTRACT NO. 25-09 MICHIGAN STREET (WEST 7TH AVENUE TO 150’ SOUTH OF WEST 11TH AVENUE) WEST 8TH AVENUE (100’ EAST AND WEST OF MICHIGAN STREET) WEST 9TH AVENUE (100’ EAST AND WEST OF MICHIGAN STREET) WEST 10TH AVENUE (100’ EAST AND WEST OF MICHIGAN STREET) WEST 11TH AVENUE (OHIO STREET TO 100’ EAST OF MICHIGAN STREET) OHIO STREET (100’ NORTH AND SOUTH OF WEST 11TH AVENUE) INITIATED BY : DEPARTMENT OF PUBLIC WORKS     BE IT FURTHER RESOLVED BE IT RESOLVED BY the Common Council of the City of Oshkosh as follows: The Common Council hereby declares its intention to exercise its police power under Section 66.0703 and 66.0705 of the Wisconsin Statutes to levy special assessments upon property within the following described areas for benefits conferred upon such property by improving the following: 1. Sidewalk (New and Rehabilitation), Driveway Aprons, Sanitary Sewer Main and Laterals (New and Relay), Water Main and Laterals (New and Relay), and Storm Sewer Mains and Laterals (New and Relay): Michigan Street from West 7th Avenue to 150’ South of West 11th Avenue West 8th Avenue from 100’ East and West of Michigan Street West 9th Avenue from 100’ East and West of Michigan Street West 10th Avenue from 100’ East and West of Michigan Street West 11th Avenue from Ohio Street to 100’ East of Michigan Street Ohio Street from 100’ North and South of West 11th Avenue The total amount assessed against such district shall not exceed the total cost of the improvements and the amount assessed against any parcel shall not be greater than the benefits accrued thereto from said improvements. 2. The assessments against any parcel may be paid according to the provisions of Chapter 21 of the Oshkosh Municipal Code. 3. The governing body determines that the improvements constitute an exercise of the police power for the health, safety, and general welfare of the municipality and its inhabitants. 4. The Board of Public Works is directed to prepare a report consisting of: Final plans and specifications for said improvements.a. An estimate of the entire cost of the proposed work or improvements.    b. An estimate as to each parcel of property within the assessment district of: The assessment of benefits to be levied for each improvement. 1. The damages to be awarded for property taken or damages by each improvement.2. The net amount of benefits over damages or the net amount of damages over benefits for each improvement. 3. The total assessment against each parcel4. c. 5. Upon completion of such report, the Board of Public Works is directed to file a copy thereof in the City Clerk's Office for public inspection.  Upon receiving the report of the Board of Public Works, the City Clerk is directed to give notice of a6. public hearing on such reports as specified in Section 66.0703(7)(a) of the Wisconsin Statutes.  The hearing shall be held before the Common Council at the Council Chambers, Room 406 in the City Hall at a time set by the Clerk in accordance with the Wisconsin Statutes.  The assessment against any parcel may be paid in cash, paid with the first property tax installment, or paid in installments pursuant to the provisions of Chapter 21 of the City of Oshkosh Municipal Code. The installation of said street improvements shall be accomplished according to the provisions of Section 25-3 through 25-11 of the Oshkosh Municipal Code. 7.   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 :November 26, 2024 SUB JEC T:SUB JEC T :Res 24-606 Approve Initial Resolution for Special Assessments for Sanitary Sewer Laterals (New and Relay) and Water Main and Laterals (New and Relay) Relating to Contract No. 25-12 National Avenue (North Lark Street to North Sawyer Street) Lark Street (Witzel Avenue to Southland Avenue) Faust Avenue (North Lark Street to North Sawyer Street) B A C KGRO UN DBACKGROUND This resolution is the initial resolution for allowing the City of Oshkosh (City) to assess abutting property owners for improvements to be completed during the replacement of water on National Avenue, from North Lark Street to North Sawyer Street; Lark Street, from Witzel Avenue to Southland Avenue; and Faust Avenue, from North Lark Street to North Sawyer Street. The assessable work may include sanitary sewer laterals (new and relay) and water mains and laterals (new and relay). A N A L Y SI SANALYSIS The resolution allows City staff to proceed with preparing assessments for the abutting properties. A public hearing needs to be held and a final resolution needs to be approved by the Council prior the assessments being levied on the properties. FI SC A L I M P A CTFISCAL I M P A C T Assessments allow the City to recover a portion of the costs associated with projects from benefiting properties. Funding for the Project is included in the 2025 Capital Improvement Program in the Water Main section (Account #03210410-6803-04512/Contract Control-Water Main-25-12 Water Main Replacment-Various). REC O M M E N D A TI ONRECOMMENDATION I recommend approval of the initial resolution. A t t a chment sAttachments RES 24-606 11/26/2024 24-606 RESOLUTION     CARRIED 7-0     PURPOSE: APPROVE INITIAL RESOLUTION FOR SPECIAL ASSESSMENTS FOR SANITARY SEWER LATERALS (NEW AND RELAY) AND WATER MAIN AND LATERALS (NEW AND RELAY) RELATING TO CONTRACT NO. 25-12 NATIONAL AVENUE (NORTH LARK STREET TO NORTH SAWYER STREET) LARK STREET (WITZEL AVENUE TO SOUTHLAND AVENUE) FAUST AVENUE (NORTH LARK STREET TO NORTH SAWYER STREET) INITIATED BY : DEPARTMENT OF PUBLIC WORKS     BE IT FURTHER RESOLVED BE IT RESOLVED BY the Common Council of the City of Oshkosh as follows: The Common Council hereby declares its intention to exercise its police power under Section 66.0703 and 66.0705 of the Wisconsin Statutes to levy special assessments upon property within the following described areas for benefits conferred upon such property by improving the following: 1. Sanitary Sewer Laterals (New and Relay) and Water Main and Laterals (New and Relay): National Avenue from North Lark Street to North Sawyer Street Lark Street from Witzel Avenue to Southland Avenue Faust Avenue from North Lark Street to North Sawyer Street The total amount assessed against such district shall not exceed the total cost of the improvements and the amount assessed against any parcel shall not be greater than the benefits accrued thereto from said improvements. 2. The assessments against any parcel may be paid according to the provisions of Chapter 21 of the Oshkosh Municipal Code. 3. The governing body determines that the improvements constitute an exercise of the police power for the health, safety, and general welfare of the municipality and its inhabitants. 4. The Board of Public Works is directed to prepare a report consisting of: Final plans and specifications for said improvements.a. An estimate of the entire cost of the proposed work or improvements.    b. An estimate as to each parcel of property within the assessment district of: The assessment of benefits to be levied for each improvement. 1. The damages to be awarded for property taken or damages by each improvement.2. The net amount of benefits over damages or the net amount of damages over benefits for each improvement. 3. The total assessment against each parcel4. c. 5. Upon completion of such report, the Board of Public Works is directed to file a copy thereof in the City Clerk's Office for public inspection.  Upon receiving the report of the Board of Public Works, the City Clerk is directed to give notice of a public hearing on such reports as specified in Section 66.0703(7)(a) of the Wisconsin Statutes.  The hearing shall be held before the Common Council at the Council Chambers, Room 406 in the City Hall at a time set by the Clerk in accordance with the Wisconsin Statutes.  The assessment against any parcel may be paid in cash, paid with the first property tax installment, or paid in installments pursuant to the provisions of Chapter 21 of the City of Oshkosh Municipal Code. 6. The installation of said street improvements shall be accomplished according to the provisions of Section 25-3 through 25-11 of the Oshkosh Municipal Code. 7.   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 :November 26, 2024 SUB JEC T:SUB JEC T :Res 24-607 Waive Bids and Approve Purchase of Manhole / Inlet Castings for Public Works Department ($230,650.00) B A C KGRO UN DBACKGROUND The Department of Public Works has adopted standards for the manhole and inlet castings to be used within City-maintained right-of-way and easements. The standardization of the castings allows for a limited variety of inlet and manhole castings to be stocked and ensures proper-sized items are available for repair. Manhole castings are special ordered with the utility type cast into the lid to help identify the facilities. A N A L Y SI SANALYSIS The Engineering Division of the Department of Public Works has typically ordered and supplied these castings for City-let contracts to avoid paying contractor markup and sales tax. The City also avoids delays on construction projects by having stock of the castings available, which allows Project schedules to adjust for varying field conditions and also allows for the Projects to start earlier. The Streets Division also orders castings annually to maintain an inventory for repairs to Storm, Wastewater, and Water Utility facilities. The current lead time for castings is four to six weeks. These castings will be provided by Neenah Foundry Company of Neenah, Wisconsin. FI SC A L I M P A CTFISCAL I M P A C T The cost of this casting order is $230,650. Funding is available in the Streets inventory account (06090430- 1510/Field Ops Services-Inv -- Castings). REC O M M E N D A TI ONRECOMMENDATION Section 12-11 of the Municipal Code of the City of Oshkosh provides that material purchases, when standardization or compatibility is the overriding consideration, may be approved by the City Manager without the use of formal, sealed quotes. In accordance with Section 12-11 of the Code, I am recommending approval regarding this purchase. A t t a chment sAttachments RES 24-607 2025 Castings Quote 11/26/2024 24-607 RESOLUTION     CARRIED 7-0     PURPOSE: WAIVE BIDS AND APPROVE PURCHASE OF MANHOLE / INLET CASTINGS FOR PUBLIC WORKS DEPARTMENT ($230,650.00) INITIATED BY : DEPARTMENT OF PUBLIC WORKS         WHEREAS, the Department of Public Works needs to stock castings for repairs and to complete construction work scheduled in 2025; and      WHEREAS, the Department of Public Works has adopted standards for the manhole and inlet castings to be used within the city; and     WHEREAS, it is necessary to waive bids as permitted by Section 12-11 of the City of Oshkosh Municipal Code 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 waive bids and purchase manhole and inlet castings from:  NEENAH FOUNDRY COMPANY  2121 Brooks Ave Neenah, WI 54956                                      Total:         $230,650.00   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.  06090430-1510  Field Ops Services-Inv – Castings     TO:Honorable Mayor and Members of the Common Council FROM:Justin Gierach, Engineering Division Manager/City Engineer DATE:November 26, 2024 SUBJECT:Res 24-608 Amend CIP and Award Bid for Public Works Contract No. 25-04 to Carl Bowers & Sons Construction Company, Inc. for Bay Shore Drive and Bay Street Reconstruction ($2,074,723.67) BACKGROUND The purpose of this Project is to reconstruct Bay Shore Drive, from Broad Street to Mill Street, and Bay Street, from Bay Shore Drive to the Fox River. Sanitary sewer and laterals, water main and laterals, and storm sewer and laterals will be installed, replaced, or repaired, as needed, prior to placing the concrete pavement. New concrete driveway aprons will be constructed where needed, provided property owners have returned the Construction Access Agreement the City mailed to them. Sidewalks and drive aprons abutting properties whose property owners have not returned the Construction Access Agreement will have partial sidewalk sections removed and patched. In 2026, property owners will be responsible for repairing drive aprons and all patched and non-ADA compliant sidewalks that cannot be constructed with this Project. ANALYSIS Engineering staff reviewed four (4) bids. The low bid was received from Carl Bowers & Sons Construction Company, Inc. of Kaukauna, Wisconsin. FISCAL IMPACT Funding for the Bay Shore Drive and Bay Street Reconstruction Project is in the 2025 Capital Improvement Program (CIP) (Account No. 03210410-6801-04504/Contract Control-Paving-25-04 Bay Shore Dr/Bay St, 03210410-6804-04504/Contract Control-Storm Sewer-25-04 Bay Shore Dr/Bay St, 03210410-6802- 04504/Contract Control-Sanitary Sewer-25-04 Bay Shore Dr/Bay St, 03210410-6803-04504/Contract Control- Water Main-25-04 Bay Shore Dr/Bay St, 03210410-6806-04504/Contract Control-Sidewalk-25-04 Bay Shore Dr/Bay St, and 03210410-6809-04504/Contract Control-Traffic-25-04 Bay Shore Dr/Bay St. Additional funding for the storm sewer portion of this Project is available from CIP Projects which have come in under budget: • $100,000 will be transferred from Account No. 03210410-6804-04412 (Contract Control-Storm Sewer- 24-12 E 7th Ave/Grand St Reconstruc) to Account No. 03210410-6804-04504 (Contract Control-Storm Sewer-25-04 Bay Shore Dr/Bay St). Following is a summary of the available funds (after the transfer) and the estimated total construction cost, including ancillary costs such as engineering fees, landfill tipping fees, construction materials testing fees, and other construction-related expenses. Special Assessments will be levied to adjoining property owners per the City's Special Assessment Policy. CIP Section CIP Funds Budgeted and Transferred Estimated Total Construction Cost Streets $961,000 $797,788 Storm Sewer $756,500 $713,887 Sanitary Sewer $642,600 $332,837 Water Main $757,000 $423,876 Sidewalk $111,400 $59,451 Admin $6,000 $2,000 Totals $3,234,500 $2,327,839 RECOMMENDATION I recommend award to the low bidder, Carl Bowers Construction Company, Inc. in the amount of $2,074,723.67 and amending the CIP. Attachments RES 24-608 25-04 Bid tab 11/26/2024 24-608 RESOLUTION     CARRIED 7-0     PURPOSE: AMEND CIP AND AWARD BID FOR PUBLIC WORKS CONTRACT NO. 25-04 TO CARL BOWERS & SONS CONSTRUCTION COMPANY, INC. FOR BAY SHORE DRIVE AND BAY STREET RECONSTRUCTION ($2,074,723.67) INITIATED BY : DEPARTMENT OF PUBLIC WORKS         WHEREAS, the City of Oshkosh has heretofore advertised for bids for Bay Shore Drive and Bay Street Reconstruction; and     WHEREAS, upon the opening and tabulation of bids, it appears that the following is the most advantageous bid: Carl Bowers & Sons Construction Company, Inc. N1844 Maloney Road Kaukauna, WI 54130                     Total Bid:    $2,074,723.67       WHEREAS, the Common Council has adopted the 2025 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 2025 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 2025 Capital Improvements Budget, on file in the City Clerk’s Office, is hereby amended as follows: Transfer $100,000.00 from Account No. 03210410-6804-04412 (Contract Control-Storm Sewer-24-12 E 7th Ave/Grand St Reconstruc) to Account No. 03210410-6804-04504 (Contract Control-Storm Sewer-25-07 West 15th Avenue Reconstruct).   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.  03210410-6801-04504              Contract Control-Paving-25-04 Bay Shore Dr/Bay St 03210410-6804-04504              Contract Control-Storm Sewer-25-04 Bay Shore Dr/Bay St 03210410-6802-04504              Contract Control-Sanitary Sewer-25-04 Bay Shore Dr/Bay St 03210410-6803-04504              Contract Control-Water Main-25-04 Bay Shore Dr/Bay St 03210410-6806-04504              Contract Control-Sidewalk-25-04 Bay Shore Dr/Bay St 03210410-6809-04504              Contract Control-Traffic-25-04 Bay Shore Dr/Bay St     Contract 25-04 - Bay Shore Drive and Bay Street Reconstruction (#9381346) Owner: Oshkosh WI, City of Solicitor: Oshkosh WI, City of Bid Opening: 11/18/2024 11:00 AM CST Section Title Item Code Item Description UofM Quantity Unit Price Extension Unit Price Extension Section 1 $2,074,723.67 $2,390,986.00 1010 Clearing; complete as specified Stations 1.00 $1,785.00 $1,785.00 $510.00 $510.00 1011 Clearing; complete as specified Inch Diameter 51.00 $63.00 $3,213.00 $21.00 $1,071.00 1020 Grubbing; complete as specified Stations 1.00 $840.00 $840.00 $510.00 $510.00 1021 Grubbing; complete as specified Inch Diameter 39.00 $31.50 $1,228.50 $31.00 $1,209.00 1050 Mobilization; complete as specified Lump Sum 1.00 $125,000.00 $125,000.00 $135,996.50 $135,996.50 1051 Business access plan and signage; complete as specified Each 8.00 $367.50 $2,940.00 $360.00 $2,880.00 1100 Removing pavement; complete as specified Square Yards 280.00 $5.00 $1,400.00 $11.00 $3,080.00 1110 Removing curb and gutter; complete as specified Linear Feet 2,200.00 $3.00 $6,600.00 $3.70 $8,140.00 1120 Removing concrete and asphalt sidewalk and driveway; complete as specified Square Feet 10,600.00 $0.70 $7,420.00 $0.70 $7,420.00 1200 Unclassified excavation; complete as specified Cubic Yards 2,700.00 $18.00 $48,600.00 $22.00 $59,400.00 1220 Excavation special (paving); complete as specified Tons 775.00 $15.00 $11,625.00 $20.00 $15,500.00 1225 Sediment storage area; complete as specified Lump Sum 2.00 $250.00 $500.00 $8,700.00 $17,400.00 1226 Dredge material; load; transport; and dispose of dewatered sediment; complete as specified Cubic Yards 350.00 $100.00 $35,000.00 $58.00 $20,300.00 1301 7" concrete pavement; with 5" CABC and grading; complete as specified Square Yards 4,500.00 $55.00 $247,500.00 $56.00 $252,000.00 Carl Bowers & Sons Const. Co., Inc.PTS Contractors, Inc N1844 Maloney Road Kaukauna, WI 54130 I:\Engineering\2021 - 2030 Contracts\2025 CONTRACTS\25-04 Bay Shore Dr & Bay St\Administrative\Contract Information\25-04 Bid Tab_11-18-24 Page 1 of 24 11/18/2024 Contract 25-04 - Bay Shore Drive and Bay Street Reconstruction (#9381346) Owner: Oshkosh WI, City of Solicitor: Oshkosh WI, City of Bid Opening: 11/18/2024 11:00 AM CST Section Title Item Code Item Description UofM Quantity Unit Price Extension Unit Price Extension Carl Bowers & Sons Const. Co., Inc.PTS Contractors, Inc N1844 Maloney Road Kaukauna, WI 54130 1303 7" concrete pavement HES; with 5" CABC and grading; complete as specified Square Yards 850.00 $59.00 $50,150.00 $60.00 $51,000.00 1313 8" concrete pavement HES; with 6" CABC and grading; complete as specified Square Yards 40.00 $90.00 $3,600.00 $87.00 $3,480.00 1334 Concrete pavement gaps; complete as specified Each 8.00 $0.01 $0.08 $1.00 $8.00 1340 Crushed aggregate base course; complete as specified Tons 1,300.00 $14.00 $18,200.00 $8.15 $10,595.00 1350 Pavement ties; complete as specified Each 14.00 $10.50 $147.00 $10.00 $140.00 1352 Drilled dowel bars; 1"; complete as specified Each 30.00 $14.70 $441.00 $14.00 $420.00 1354 Drilled dowel bars; 1 1/4"; complete as specified Each 23.00 $17.33 $398.59 $17.00 $391.00 1360 Adjust manholes and inlets; complete as specified Each 32.00 $420.00 $13,440.00 $408.00 $13,056.00 1370 Turf restoration; complete as specified Square Yards 2,910.00 $10.00 $29,100.00 $8.00 $23,280.00 1372 Restore gravel driveway/apron; complete as specified Square Yards 480.00 $18.00 $8,640.00 $15.00 $7,200.00 1380 Cold weather covering (concrete pavement) - single visquine; complete as specified Square Yards 530.00 $0.01 $5.30 $1.00 $530.00 1390 Up-charge for late season cold weather concrete pavement; complete as specified Cubic Yards 103.00 $0.01 $1.03 $1.00 $103.00 1410 12" radius curb with 6" CABC and grading; complete as specified Linear Feet 390.00 $15.75 $6,142.50 $16.00 $6,240.00 1460 Sidewalk curb; complete as specified Linear Feet 60.00 $68.25 $4,095.00 $66.00 $3,960.00 I:\Engineering\2021 - 2030 Contracts\2025 CONTRACTS\25-04 Bay Shore Dr & Bay St\Administrative\Contract Information\25-04 Bid Tab_11-18-24 Page 2 of 24 11/18/2024 Contract 25-04 - Bay Shore Drive and Bay Street Reconstruction (#9381346) Owner: Oshkosh WI, City of Solicitor: Oshkosh WI, City of Bid Opening: 11/18/2024 11:00 AM CST Section Title Item Code Item Description UofM Quantity Unit Price Extension Unit Price Extension Carl Bowers & Sons Const. Co., Inc.PTS Contractors, Inc N1844 Maloney Road Kaukauna, WI 54130 1500 4" concrete sidewalk with 3" CABC and grading; complete as specified Square Feet 10,600.00 $7.00 $74,200.00 $8.00 $84,800.00 1510 6" concrete sidewalk/ driveway/ramp with 3" CABC and grading; complete as specified Square Feet 6,700.00 $7.25 $48,575.00 $8.10 $54,270.00 1514 6" concrete sidewalk/ driveway/ramp (HES) with 3" CABC and grading; complete as specified Square Feet 350.00 $7.50 $2,625.00 $8.40 $2,940.00 1530 6" concrete step; complete as specified Square Feet 80.00 $78.75 $6,300.00 $77.00 $6,160.00 1540 Curb ramp detectable warning field (natural/non-painted); complete as specified Square Feet 100.00 $42.00 $4,200.00 $71.00 $7,100.00 1550 No. 4 reinforcing rods - deformed; epoxy-coated; complete as specified Linear Feet 800.00 $2.10 $1,680.00 $2.00 $1,600.00 1560 Drilled No. 4 sidewalk tie bars - deformed; epoxy- coated; complete as specified Each 45.00 $8.40 $378.00 $8.00 $360.00 1580 Cold weather covering (sidewalk) - single visquine; complete as specified Square Feet 1,750.00 $0.01 $17.50 $0.01 $17.50 1582 Cold weather covering (sidewalk) - double visquine; complete as specified Square Feet 1,750.00 $0.01 $17.50 $0.01 $17.50 1590 Up-charge for late season cold weather concrete sidewalk; complete as specified Cubic Yards 26.00 $0.01 $0.26 $1.00 $26.00 1600 Furnish and install tree; complete as specified Each 4.00 $808.50 $3,234.00 $560.00 $2,240.00 I:\Engineering\2021 - 2030 Contracts\2025 CONTRACTS\25-04 Bay Shore Dr & Bay St\Administrative\Contract Information\25-04 Bid Tab_11-18-24 Page 3 of 24 11/18/2024 Contract 25-04 - Bay Shore Drive and Bay Street Reconstruction (#9381346) Owner: Oshkosh WI, City of Solicitor: Oshkosh WI, City of Bid Opening: 11/18/2024 11:00 AM CST Section Title Item Code Item Description UofM Quantity Unit Price Extension Unit Price Extension Carl Bowers & Sons Const. Co., Inc.PTS Contractors, Inc N1844 Maloney Road Kaukauna, WI 54130 1650 Locate existing property monuments; complete as specified Each 13.00 $52.50 $682.50 $148.00 $1,924.00 1652 Replace existing property monuments; complete as specified Each 13.00 $54.60 $709.80 $10.00 $130.00 1700 Sawing existing pavement; complete as specified Linear Feet 340.00 $2.00 $680.00 $3.00 $1,020.00 1710 Sawing concrete pavement full depth; complete as specified Linear Feet 110.00 $2.50 $275.00 $3.00 $330.00 1900 Tack coat; complete as specified Gallons 11.00 $7.25 $79.75 $7.00 $77.00 1916 4" asphaltic surface LT with 6" CABC and grading; complete as specified Square Yards 96.00 $88.20 $8,467.20 $95.00 $9,120.00 1917 2" asphaltic surface LT with 6" CABC and grading; complete as specified Square Yards 50.00 $86.75 $4,337.50 $94.00 $4,700.00 1918 Asphaltic cold weather paving up-charge; complete as specified Square Yards 15.00 $0.01 $0.15 $4.00 $60.00 2003 Furnish and install 12" storm sewer; complete as specified Linear Feet 190.00 $94.00 $17,860.00 $105.00 $19,950.00 2009 Furnish and install 18" storm sewer; complete as specified Linear Feet 900.00 $105.00 $94,500.00 $110.00 $99,000.00 2021 Furnish and install 30" storm sewer; complete as specified Linear Feet 15.00 $185.00 $2,775.00 $323.00 $4,845.00 2027 Furnish and install 42" storm sewer; complete as specified Linear Feet 325.00 $253.00 $82,225.00 $308.00 $100,100.00 2049 Furnish and install 24" x 38" HERCP Class III storm sewer; complete as specified Linear Feet 35.00 $215.00 $7,525.00 $308.00 $10,780.00 I:\Engineering\2021 - 2030 Contracts\2025 CONTRACTS\25-04 Bay Shore Dr & Bay St\Administrative\Contract Information\25-04 Bid Tab_11-18-24 Page 4 of 24 11/18/2024 Contract 25-04 - Bay Shore Drive and Bay Street Reconstruction (#9381346) Owner: Oshkosh WI, City of Solicitor: Oshkosh WI, City of Bid Opening: 11/18/2024 11:00 AM CST Section Title Item Code Item Description UofM Quantity Unit Price Extension Unit Price Extension Carl Bowers & Sons Const. Co., Inc.PTS Contractors, Inc N1844 Maloney Road Kaukauna, WI 54130 2053 Furnish and install 34" x 53" HERCP Class III storm sewer; complete as specified Linear Feet 275.00 $345.00 $94,875.00 $355.00 $97,625.00 2148 Furnish and install 42" RCP Class III apron endwall with joint ties; complete as specified Each 1.00 $25,000.00 $25,000.00 $60,350.00 $60,350.00 2158 Furnish and install 34" x 53" RCP Class III apron endwall with joint ties; complete as specified Each 1.00 $25,000.00 $25,000.00 $60,345.00 $60,345.00 2190 Supply outfall end section steel plate; complete as specified Each 2.00 $1,350.00 $2,700.00 $13,400.00 $26,800.00 2201 Furnish and install standard storm sewer manhole (4' diameter); complete as specified Vertical Feet 14.75 $600.00 $8,850.00 $656.00 $9,676.00 2202 Furnish and install standard storm sewer manhole (5' diameter); complete as specified Vertical Feet 6.30 $825.00 $5,197.50 $850.00 $5,355.00 2203 Furnish and install standard storm sewer manhole (6' diameter); complete as specified Vertical Feet 24.75 $1,050.00 $25,987.50 $1,130.00 $27,967.50 2205 Furnish and install standard storm sewer manhole (8' diameter); complete as specified Vertical Feet 9.75 $1,725.00 $16,818.75 $2,060.00 $20,085.00 2215 Furnish and install standard storm sewer inlet manhole (6' diameter); complete as specified Vertical Feet 8.25 $1,050.00 $8,662.50 $1,140.00 $9,405.00 2217 Furnish and install standard storm sewer inlet manhole (8' diameter); complete as specified Vertical Feet 10.50 $1,775.00 $18,637.50 $2,144.00 $22,512.00 I:\Engineering\2021 - 2030 Contracts\2025 CONTRACTS\25-04 Bay Shore Dr & Bay St\Administrative\Contract Information\25-04 Bid Tab_11-18-24 Page 5 of 24 11/18/2024 Contract 25-04 - Bay Shore Drive and Bay Street Reconstruction (#9381346) Owner: Oshkosh WI, City of Solicitor: Oshkosh WI, City of Bid Opening: 11/18/2024 11:00 AM CST Section Title Item Code Item Description UofM Quantity Unit Price Extension Unit Price Extension Carl Bowers & Sons Const. Co., Inc.PTS Contractors, Inc N1844 Maloney Road Kaukauna, WI 54130 2235 Furnish and install Type 1 inlet (with 18" sump); complete as specified Each 1.00 $3,500.00 $3,500.00 $2,940.00 $2,940.00 2237 Furnish and install Type 3 inlet (with 18" sump); complete as specified Each 14.00 $3,250.00 $45,500.00 $3,020.00 $42,280.00 2400 Furnish and install 6" storm sewer lateral; complete as specified Linear Feet 400.00 $75.00 $30,000.00 $85.00 $34,000.00 2402 Furnish and install 8" storm sewer lateral; complete as specified Linear Feet 175.00 $83.00 $14,525.00 $123.00 $21,525.00 2404 Furnish and install storm sewer marker balls; complete as specified Each 40.00 $25.00 $1,000.00 $42.00 $1,680.00 2406 Furnish and install storm sewer clay dams; complete as specified Each 20.00 $100.00 $2,000.00 $87.00 $1,740.00 2408 Furnish and install storm sewer lateral inlet; complete as specified Each 12.00 $1,200.00 $14,400.00 $1,066.00 $12,792.00 2414 Storm lateral inlet adjustments; complete as specified Each 12.00 $100.00 $1,200.00 $1.00 $12.00 2508 Furnish; install; maintain; and remove Type D modified inlet protection; complete as specified Each 40.00 $100.00 $4,000.00 $76.00 $3,040.00 2510 Sediment removal - Type D modified inlet protection; complete as specified Each 40.00 $10.00 $400.00 $1.00 $40.00 2512 Furnish; install; maintain; and remove stone tracking pad; complete as specified Each 2.00 $0.01 $0.02 $1.00 $2.00 2516 Furnish; install; maintain; and remove stone bag; complete as specified Each 40.00 $10.00 $400.00 $8.00 $320.00 I:\Engineering\2021 - 2030 Contracts\2025 CONTRACTS\25-04 Bay Shore Dr & Bay St\Administrative\Contract Information\25-04 Bid Tab_11-18-24 Page 6 of 24 11/18/2024 Contract 25-04 - Bay Shore Drive and Bay Street Reconstruction (#9381346) Owner: Oshkosh WI, City of Solicitor: Oshkosh WI, City of Bid Opening: 11/18/2024 11:00 AM CST Section Title Item Code Item Description UofM Quantity Unit Price Extension Unit Price Extension Carl Bowers & Sons Const. Co., Inc.PTS Contractors, Inc N1844 Maloney Road Kaukauna, WI 54130 2518 Furnish; install; maintain; and remove 12" diameter sediment logs; complete as specified Linear Feet 150.00 $10.00 $1,500.00 $10.00 $1,500.00 2524 Furnish; install; maintain; and remove dewatering tank system; complete as specified Each 4.00 $0.01 $0.04 $1.00 $4.00 2526 Furnish; install; maintain; and remove turbidity barrier; complete as specified Each 3.00 $2,500.00 $7,500.00 $4,300.00 $12,900.00 2650 Furnish and install heavy rip-rap with filter fabric; complete as specified Square Yards 80.00 $65.00 $5,200.00 $90.00 $7,200.00 2800 Abandon 8" - 12" storm sewer; complete as specified Linear Feet 25.00 $15.00 $375.00 $10.00 $250.00 2802 Abandon 15" and larger storm sewer; complete as specified Linear Feet 325.00 $20.00 $6,500.00 $33.00 $10,725.00 2804 Remove 30" and smaller storm sewer; complete as specified Linear Feet 175.00 $50.00 $8,750.00 $29.00 $5,075.00 2806 Remove 33" - 60" storm sewer; complete as specified Linear Feet 70.00 $30.00 $2,100.00 $112.00 $7,840.00 2810 Abandon storm sewer manholes and inlets; complete as specified Each 3.00 $400.00 $1,200.00 $290.00 $870.00 2812 Remove storm sewer manholes and inlets; complete as specified Each 8.00 $500.00 $4,000.00 $290.00 $2,320.00 2850 Connect to existing storm sewer main; complete as specified Each 3.00 $1,200.00 $3,600.00 $3,175.00 $9,525.00 2852 Connect to existing storm sewer lateral; complete as specified Each 10.00 $200.00 $2,000.00 $190.00 $1,900.00 I:\Engineering\2021 - 2030 Contracts\2025 CONTRACTS\25-04 Bay Shore Dr & Bay St\Administrative\Contract Information\25-04 Bid Tab_11-18-24 Page 7 of 24 11/18/2024 Contract 25-04 - Bay Shore Drive and Bay Street Reconstruction (#9381346) Owner: Oshkosh WI, City of Solicitor: Oshkosh WI, City of Bid Opening: 11/18/2024 11:00 AM CST Section Title Item Code Item Description UofM Quantity Unit Price Extension Unit Price Extension Carl Bowers & Sons Const. Co., Inc.PTS Contractors, Inc N1844 Maloney Road Kaukauna, WI 54130 2856 Connect to existing storm sewer manhole; complete as specified Each 1.00 $750.00 $750.00 $290.00 $290.00 2858 Connect to existing storm sewer inlet; complete as specified Each 1.00 $750.00 $750.00 $290.00 $290.00 2914 Storm sewer utility line opening (ULO); complete as specified Each 5.00 $600.00 $3,000.00 $1.00 $5.00 2950 Excavation special (storm); complete as specified Tons 250.00 $30.00 $7,500.00 $58.00 $14,500.00 2952 Bentonite slurry dam (storm); complete as specified Each 25.00 $500.00 $12,500.00 $830.00 $20,750.00 3000 Furnish and install 8" sanitary sewer (relay); complete as specified Linear Feet 1,040.00 $120.00 $124,800.00 $165.00 $171,600.00 3004 Furnish and install 12" sanitary sewer (relay); complete as specified Linear Feet 5.00 $150.00 $750.00 $440.00 $2,200.00 3100 Furnish and install standard sanitary sewer manhole (4' diameter); complete as specified Vertical Feet 33.00 $575.00 $18,975.00 $716.00 $23,628.00 3114 Furnish and install sanitary sewer external manhole chimney seal; complete as specified Each 6.00 $450.00 $2,700.00 $560.00 $3,360.00 3116 Furnish and install sanitary sewer external manhole chimney seal extension; complete as specified Each 2.00 $425.00 $850.00 $510.00 $1,020.00 3210 Furnish and install 8" x 6" sanitary sewer factory wyes or tees; complete as specified Each 16.00 $300.00 $4,800.00 $190.00 $3,040.00 I:\Engineering\2021 - 2030 Contracts\2025 CONTRACTS\25-04 Bay Shore Dr & Bay St\Administrative\Contract Information\25-04 Bid Tab_11-18-24 Page 8 of 24 11/18/2024 Contract 25-04 - Bay Shore Drive and Bay Street Reconstruction (#9381346) Owner: Oshkosh WI, City of Solicitor: Oshkosh WI, City of Bid Opening: 11/18/2024 11:00 AM CST Section Title Item Code Item Description UofM Quantity Unit Price Extension Unit Price Extension Carl Bowers & Sons Const. Co., Inc.PTS Contractors, Inc N1844 Maloney Road Kaukauna, WI 54130 3232 Furnish and install 6" sanitary sewer laterals (new); complete as specified Linear Feet 35.00 $105.00 $3,675.00 $133.00 $4,655.00 3234 Furnish and install 4"/6" sanitary sewer lateral (relay); complete as specified Linear Feet 525.00 $100.00 $52,500.00 $141.00 $74,025.00 3235 Furnish and install 4"/6" sanitary sewer riser (relay); complete as specified Linear Feet 20.00 $105.00 $2,100.00 $102.00 $2,040.00 3236 Furnish and install sanitary sewer lateral marker balls; complete as specified Each 30.00 $25.00 $750.00 $42.00 $1,260.00 3238 Furnish and install clay dams; complete as specified Each 15.00 $100.00 $1,500.00 $87.00 $1,305.00 3300 Furnish and install connection to existing 8" sanitary sewer mains; complete as specified Each 2.00 $1,500.00 $3,000.00 $1,825.00 $3,650.00 3304 Furnish and install connection to existing 12" sanitary sewer mains; complete as specified Each 1.00 $2,300.00 $2,300.00 $1,775.00 $1,775.00 3330 Furnish and install sanitary sewer concrete collars; complete as specified Each 2.00 $1,000.00 $2,000.00 $1.00 $2.00 3404 Furnish and install 10" sanitary sewer open cut casing pipes; complete as specified Linear Feet 10.00 $120.00 $1,200.00 $165.00 $1,650.00 3410 Furnish and install 18" sanitary sewer open cut casing pipes; complete as specified Linear Feet 12.00 $200.00 $2,400.00 $209.00 $2,508.00 3600 Rock excavation; complete as specified Cubic Yards 50.00 $0.01 $0.50 $1.00 $50.00 I:\Engineering\2021 - 2030 Contracts\2025 CONTRACTS\25-04 Bay Shore Dr & Bay St\Administrative\Contract Information\25-04 Bid Tab_11-18-24 Page 9 of 24 11/18/2024 Contract 25-04 - Bay Shore Drive and Bay Street Reconstruction (#9381346) Owner: Oshkosh WI, City of Solicitor: Oshkosh WI, City of Bid Opening: 11/18/2024 11:00 AM CST Section Title Item Code Item Description UofM Quantity Unit Price Extension Unit Price Extension Carl Bowers & Sons Const. Co., Inc.PTS Contractors, Inc N1844 Maloney Road Kaukauna, WI 54130 3700 Closed circuit televising; complete as specified Linear Feet 1,045.00 $2.00 $2,090.00 $1.40 $1,463.00 3710 Closed circuit televising - using push camera; complete as specified Each 4.00 $400.00 $1,600.00 $153.00 $612.00 3800 Abandon sanitary sewer manholes; complete as specified Each 4.00 $800.00 $3,200.00 $580.00 $2,320.00 3802 Abandon 8" sanitary sewer; complete as specified Linear Feet 301.00 $23.00 $6,923.00 $8.00 $2,408.00 3806 Abandon 12" sanitary sewer; complete as specified Linear Feet 420.00 $27.00 $11,340.00 $10.00 $4,200.00 3852 Remove sanitary sewer manholes; complete as specified Each 2.00 $800.00 $1,600.00 $290.00 $580.00 3854 Remove sanitary sewer; complete as specified Linear Feet 220.00 $60.00 $13,200.00 $38.00 $8,360.00 3890 Sanitary sewer utility line opening (ULO); complete as specified Each 2.00 $600.00 $1,200.00 $1.00 $2.00 3892 Excavation special (sanitary); complete as specified Tons 110.00 $30.00 $3,300.00 $58.00 $6,380.00 3894 Bentonite slurry dam (sanitary); complete as specified Each 20.00 $1,000.00 $20,000.00 $830.00 $16,600.00 4000 Furnish and install 4" ductile iron water main (relay) with polywrap; complete as specified Linear Feet 20.00 $130.00 $2,600.00 $170.00 $3,400.00 4002 Furnish and install 6" ductile iron water main (relay) with polywrap; complete as specified Linear Feet 65.00 $127.00 $8,255.00 $167.00 $10,855.00 4004 Furnish and install 8" ductile iron water main (relay) with polywrap; complete as specified Linear Feet 1,355.00 $132.00 $178,860.00 $163.00 $220,865.00 I:\Engineering\2021 - 2030 Contracts\2025 CONTRACTS\25-04 Bay Shore Dr & Bay St\Administrative\Contract Information\25-04 Bid Tab_11-18-24 Page 10 of 24 11/18/2024 Contract 25-04 - Bay Shore Drive and Bay Street Reconstruction (#9381346) Owner: Oshkosh WI, City of Solicitor: Oshkosh WI, City of Bid Opening: 11/18/2024 11:00 AM CST Section Title Item Code Item Description UofM Quantity Unit Price Extension Unit Price Extension Carl Bowers & Sons Const. Co., Inc.PTS Contractors, Inc N1844 Maloney Road Kaukauna, WI 54130 4036 Furnish and install 1" water service (relay); complete as specified Linear Feet 500.00 $97.00 $48,500.00 $102.00 $51,000.00 4038 Furnish and install 1-1/2" water service (relay); complete as specified Linear Feet 45.00 $106.00 $4,770.00 $107.00 $4,815.00 4042 Furnish and install 1" water service (new); complete as specified Linear Feet 75.00 $97.00 $7,275.00 $102.00 $7,650.00 4048 Furnish and install 1" corporation and stop box; complete as specified Each 14.00 $700.00 $9,800.00 $503.00 $7,042.00 4052 Furnish and install 1-1/2" stop box and rod only; complete as specified Each 1.00 $1,200.00 $1,200.00 $1,085.00 $1,085.00 4055 Furnish and install water service clay dams; complete as specified Each 15.00 $100.00 $1,500.00 $87.00 $1,305.00 4056 Furnish and install connections to existing 4" water main; complete as specified Each 1.00 $1,500.00 $1,500.00 $1,960.00 $1,960.00 4060 Furnish and install connections to existing 8" water main; complete as specified Each 2.00 $2,500.00 $5,000.00 $2,710.00 $5,420.00 4080 Temporary water main; complete as specified Lump Sum 1.00 $3,000.00 $3,000.00 $3,325.00 $3,325.00 4109 Furnish and install 8" x 4" water main tee; complete as specified Each 1.00 $650.00 $650.00 $640.00 $640.00 4110 Furnish and install 8" x 6" water main tee; complete as specified Each 3.00 $750.00 $2,250.00 $735.00 $2,205.00 4189 Furnish and install 8" x 8" water main cross; complete as specified Each 1.00 $1,100.00 $1,100.00 $1,040.00 $1,040.00 4236 Furnish and install 6" 45 degree water main bend; complete as specified Each 10.00 $450.00 $4,500.00 $375.00 $3,750.00 I:\Engineering\2021 - 2030 Contracts\2025 CONTRACTS\25-04 Bay Shore Dr & Bay St\Administrative\Contract Information\25-04 Bid Tab_11-18-24 Page 11 of 24 11/18/2024 Contract 25-04 - Bay Shore Drive and Bay Street Reconstruction (#9381346) Owner: Oshkosh WI, City of Solicitor: Oshkosh WI, City of Bid Opening: 11/18/2024 11:00 AM CST Section Title Item Code Item Description UofM Quantity Unit Price Extension Unit Price Extension Carl Bowers & Sons Const. Co., Inc.PTS Contractors, Inc N1844 Maloney Road Kaukauna, WI 54130 4237 Furnish and install 8" 45 degree water main bend; complete as specified Each 8.00 $550.00 $4,400.00 $485.00 $3,880.00 4264 Furnish and install 8" x 6" water main reducer; complete as specified Each 1.00 $500.00 $500.00 $425.00 $425.00 4352 Cut and cap existing 6" water main; complete as specified Each 2.00 $2,000.00 $4,000.00 $1,900.00 $3,800.00 4354 Cut and cap existing 8" water main; complete as specified Each 2.00 $2,200.00 $4,400.00 $2,270.00 $4,540.00 4400 Furnish and install 4" water main gate valve; complete as specified Each 1.00 $1,900.00 $1,900.00 $1,630.00 $1,630.00 4401 Furnish and install 6" water main gate valve; complete as specified Each 3.00 $2,100.00 $6,300.00 $1,920.00 $5,760.00 4402 Furnish and install 8" water main gate valve; complete as specified Each 12.00 $2,900.00 $34,800.00 $2,660.00 $31,920.00 4500 Furnish and install hydrant; complete as specified Each 4.00 $6,000.00 $24,000.00 $5,700.00 $22,800.00 4712 Furnish and install 2" water main casing pipe; complete as specified Linear Feet 10.00 $35.00 $350.00 $36.00 $360.00 4726 Furnish and install 18" water main casing pipe; complete as specified Linear Feet 12.00 $200.00 $2,400.00 $187.00 $2,244.00 4800 Rock excavation; complete as specified Cubic Yards 20.00 $0.01 $0.20 $1.00 $20.00 4920 Remove water main; complete as specified Linear Feet 265.00 $45.00 $11,925.00 $39.00 $10,335.00 4990 Excavation special (water); complete as specified Tons 100.00 $30.00 $3,000.00 $58.00 $5,800.00 4992 Bentonite slurry dam (water); complete as specified Each 20.00 $100.00 $2,000.00 $830.00 $16,600.00 Bid Total:$2,074,723.67 $2,390,986.00 I:\Engineering\2021 - 2030 Contracts\2025 CONTRACTS\25-04 Bay Shore Dr & Bay St\Administrative\Contract Information\25-04 Bid Tab_11-18-24 Page 12 of 24 11/18/2024 Contract 25-04 - Bay Shore Drive and Bay Street Reconstruction (#9381346) Owner: Oshkosh WI, City of Solicitor: Oshkosh WI, City of Bid Opening: 11/18/2024 11:00 AM CST Section Title Item Code Item Description UofM Quantity Section 1 1010 Clearing; complete as specified Stations 1.00 1011 Clearing; complete as specified Inch Diameter 51.00 1020 Grubbing; complete as specified Stations 1.00 1021 Grubbing; complete as specified Inch Diameter 39.00 1050 Mobilization; complete as specified Lump Sum 1.00 1051 Business access plan and signage; complete as specified Each 8.00 1100 Removing pavement; complete as specified Square Yards 280.00 1110 Removing curb and gutter; complete as specified Linear Feet 2,200.00 1120 Removing concrete and asphalt sidewalk and driveway; complete as specified Square Feet 10,600.00 1200 Unclassified excavation; complete as specified Cubic Yards 2,700.00 1220 Excavation special (paving); complete as specified Tons 775.00 1225 Sediment storage area; complete as specified Lump Sum 2.00 1226 Dredge material; load; transport; and dispose of dewatered sediment; complete as specified Cubic Yards 350.00 1301 7" concrete pavement; with 5" CABC and grading; complete as specified Square Yards 4,500.00 Unit Price Extension Unit Price Extension $2,397,669.00 $2,695,205.49 $1,320.00 $1,320.00 $1,200.00 $1,200.00 $58.00 $2,958.00 $35.00 $1,785.00 $1,320.00 $1,320.00 $500.00 $500.00 $42.00 $1,638.00 $15.00 $585.00 $275,000.00 $275,000.00 $498,705.00 $498,705.00 $511.00 $4,088.00 $625.00 $5,000.00 $5.50 $1,540.00 $5.00 $1,400.00 $2.00 $4,400.00 $5.00 $11,000.00 $0.60 $6,360.00 $0.55 $5,830.00 $19.00 $51,300.00 $26.00 $70,200.00 $10.00 $7,750.00 $12.50 $9,687.50 $5,573.00 $11,146.00 $0.01 $0.02 $43.00 $15,050.00 $65.00 $22,750.00 $56.70 $255,150.00 $54.95 $247,275.00 Dorner Inc.Advance Construction Inc. I:\Engineering\2021 - 2030 Contracts\2025 CONTRACTS\25-04 Bay Shore Dr & Bay St\Administrative\Contract Information\25-04 Bid Tab_11-18-24 Page 13 of 24 11/18/2024 Contract 25-04 - Bay Shore Drive and Bay Street Reconstruction (#9381346) Owner: Oshkosh WI, City of Solicitor: Oshkosh WI, City of Bid Opening: 11/18/2024 11:00 AM CST Section Title Item Code Item Description UofM Quantity 1303 7" concrete pavement HES; with 5" CABC and grading; complete as specified Square Yards 850.00 1313 8" concrete pavement HES; with 6" CABC and grading; complete as specified Square Yards 40.00 1334 Concrete pavement gaps; complete as specified Each 8.00 1340 Crushed aggregate base course; complete as specified Tons 1,300.00 1350 Pavement ties; complete as specified Each 14.00 1352 Drilled dowel bars; 1"; complete as specified Each 30.00 1354 Drilled dowel bars; 1 1/4"; complete as specified Each 23.00 1360 Adjust manholes and inlets; complete as specified Each 32.00 1370 Turf restoration; complete as specified Square Yards 2,910.00 1372 Restore gravel driveway/apron; complete as specified Square Yards 480.00 1380 Cold weather covering (concrete pavement) - single visquine; complete as specified Square Yards 530.00 1390 Up-charge for late season cold weather concrete pavement; complete as specified Cubic Yards 103.00 1410 12" radius curb with 6" CABC and grading; complete as specified Linear Feet 390.00 1460 Sidewalk curb; complete as specified Linear Feet 60.00 Unit Price Extension Unit Price Extension Dorner Inc.Advance Construction Inc. $61.00 $51,850.00 $58.95 $50,107.50 $96.20 $3,848.00 $90.25 $3,610.00 $0.01 $0.08 $0.01 $0.08 $10.00 $13,000.00 $15.00 $19,500.00 $10.60 $148.40 $10.00 $140.00 $14.80 $444.00 $14.00 $420.00 $17.40 $400.20 $16.50 $379.50 $422.30 $13,513.60 $400.00 $12,800.00 $9.00 $26,190.00 $7.75 $22,552.50 $6.60 $3,168.00 $6.00 $2,880.00 $0.01 $5.30 $0.01 $5.30 $0.01 $1.03 $0.01 $1.03 $17.50 $6,825.00 $18.00 $7,020.00 $68.60 $4,116.00 $68.00 $4,080.00 I:\Engineering\2021 - 2030 Contracts\2025 CONTRACTS\25-04 Bay Shore Dr & Bay St\Administrative\Contract Information\25-04 Bid Tab_11-18-24 Page 14 of 24 11/18/2024 Contract 25-04 - Bay Shore Drive and Bay Street Reconstruction (#9381346) Owner: Oshkosh WI, City of Solicitor: Oshkosh WI, City of Bid Opening: 11/18/2024 11:00 AM CST Section Title Item Code Item Description UofM Quantity 1500 4" concrete sidewalk with 3" CABC and grading; complete as specified Square Feet 10,600.00 1510 6" concrete sidewalk/ driveway/ramp with 3" CABC and grading; complete as specified Square Feet 6,700.00 1514 6" concrete sidewalk/ driveway/ramp (HES) with 3" CABC and grading; complete as specified Square Feet 350.00 1530 6" concrete step; complete as specified Square Feet 80.00 1540 Curb ramp detectable warning field (natural/non-painted); complete as specified Square Feet 100.00 1550 No. 4 reinforcing rods - deformed; epoxy-coated; complete as specified Linear Feet 800.00 1560 Drilled No. 4 sidewalk tie bars - deformed; epoxy- coated; complete as specified Each 45.00 1580 Cold weather covering (sidewalk) - single visquine; complete as specified Square Feet 1,750.00 1582 Cold weather covering (sidewalk) - double visquine; complete as specified Square Feet 1,750.00 1590 Up-charge for late season cold weather concrete sidewalk; complete as specified Cubic Yards 26.00 1600 Furnish and install tree; complete as specified Each 4.00 Unit Price Extension Unit Price Extension Dorner Inc.Advance Construction Inc. $6.80 $72,080.00 $6.50 $68,900.00 $7.10 $47,570.00 $6.75 $45,225.00 $7.40 $2,590.00 $7.00 $2,450.00 $79.20 $6,336.00 $77.00 $6,160.00 $42.20 $4,220.00 $40.00 $4,000.00 $2.10 $1,680.00 $2.00 $1,600.00 $8.40 $378.00 $8.00 $360.00 $0.01 $17.50 $0.01 $17.50 $0.01 $17.50 $0.01 $17.50 $15.84 $411.84 $0.01 $0.26 $686.00 $2,744.00 $550.00 $2,200.00 I:\Engineering\2021 - 2030 Contracts\2025 CONTRACTS\25-04 Bay Shore Dr & Bay St\Administrative\Contract Information\25-04 Bid Tab_11-18-24 Page 15 of 24 11/18/2024 Contract 25-04 - Bay Shore Drive and Bay Street Reconstruction (#9381346) Owner: Oshkosh WI, City of Solicitor: Oshkosh WI, City of Bid Opening: 11/18/2024 11:00 AM CST Section Title Item Code Item Description UofM Quantity 1650 Locate existing property monuments; complete as specified Each 13.00 1652 Replace existing property monuments; complete as specified Each 13.00 1700 Sawing existing pavement; complete as specified Linear Feet 340.00 1710 Sawing concrete pavement full depth; complete as specified Linear Feet 110.00 1900 Tack coat; complete as specified Gallons 11.00 1916 4" asphaltic surface LT with 6" CABC and grading; complete as specified Square Yards 96.00 1917 2" asphaltic surface LT with 6" CABC and grading; complete as specified Square Yards 50.00 1918 Asphaltic cold weather paving up-charge; complete as specified Square Yards 15.00 2003 Furnish and install 12" storm sewer; complete as specified Linear Feet 190.00 2009 Furnish and install 18" storm sewer; complete as specified Linear Feet 900.00 2021 Furnish and install 30" storm sewer; complete as specified Linear Feet 15.00 2027 Furnish and install 42" storm sewer; complete as specified Linear Feet 325.00 2049 Furnish and install 24" x 38" HERCP Class III storm sewer; complete as specified Linear Feet 35.00 Unit Price Extension Unit Price Extension Dorner Inc.Advance Construction Inc. $53.00 $689.00 $145.00 $1,885.00 $55.00 $715.00 $10.00 $130.00 $2.00 $680.00 $3.00 $1,020.00 $4.00 $440.00 $3.00 $330.00 $7.30 $80.30 $6.90 $75.90 $92.80 $8,908.80 $88.60 $8,505.60 $92.40 $4,620.00 $87.15 $4,357.50 $3.70 $55.50 $0.01 $0.15 $68.00 $12,920.00 $97.00 $18,430.00 $77.00 $69,300.00 $115.00 $103,500.00 $192.00 $2,880.00 $293.00 $4,395.00 $254.00 $82,550.00 $344.00 $111,800.00 $219.00 $7,665.00 $294.00 $10,290.00 I:\Engineering\2021 - 2030 Contracts\2025 CONTRACTS\25-04 Bay Shore Dr & Bay St\Administrative\Contract Information\25-04 Bid Tab_11-18-24 Page 16 of 24 11/18/2024 Contract 25-04 - Bay Shore Drive and Bay Street Reconstruction (#9381346) Owner: Oshkosh WI, City of Solicitor: Oshkosh WI, City of Bid Opening: 11/18/2024 11:00 AM CST Section Title Item Code Item Description UofM Quantity 2053 Furnish and install 34" x 53" HERCP Class III storm sewer; complete as specified Linear Feet 275.00 2148 Furnish and install 42" RCP Class III apron endwall with joint ties; complete as specified Each 1.00 2158 Furnish and install 34" x 53" RCP Class III apron endwall with joint ties; complete as specified Each 1.00 2190 Supply outfall end section steel plate; complete as specified Each 2.00 2201 Furnish and install standard storm sewer manhole (4' diameter); complete as specified Vertical Feet 14.75 2202 Furnish and install standard storm sewer manhole (5' diameter); complete as specified Vertical Feet 6.30 2203 Furnish and install standard storm sewer manhole (6' diameter); complete as specified Vertical Feet 24.75 2205 Furnish and install standard storm sewer manhole (8' diameter); complete as specified Vertical Feet 9.75 2215 Furnish and install standard storm sewer inlet manhole (6' diameter); complete as specified Vertical Feet 8.25 2217 Furnish and install standard storm sewer inlet manhole (8' diameter); complete as specified Vertical Feet 10.50 Unit Price Extension Unit Price Extension Dorner Inc.Advance Construction Inc. $280.00 $77,000.00 $417.00 $114,675.00 $70,000.00 $70,000.00 $1.00 $1.00 $70,000.00 $70,000.00 $1.00 $1.00 $5,918.00 $11,836.00 $2,000.00 $4,000.00 $1,044.00 $15,399.00 $928.00 $13,688.00 $1,075.00 $6,772.50 $1,178.00 $7,421.40 $1,429.00 $35,367.75 $1,578.00 $39,055.50 $2,535.00 $24,716.25 $2,268.00 $22,113.00 $1,271.00 $10,485.75 $1,504.00 $12,408.00 $3,454.00 $36,267.00 $3,233.00 $33,946.50 I:\Engineering\2021 - 2030 Contracts\2025 CONTRACTS\25-04 Bay Shore Dr & Bay St\Administrative\Contract Information\25-04 Bid Tab_11-18-24 Page 17 of 24 11/18/2024 Contract 25-04 - Bay Shore Drive and Bay Street Reconstruction (#9381346) Owner: Oshkosh WI, City of Solicitor: Oshkosh WI, City of Bid Opening: 11/18/2024 11:00 AM CST Section Title Item Code Item Description UofM Quantity 2235 Furnish and install Type 1 inlet (with 18" sump); complete as specified Each 1.00 2237 Furnish and install Type 3 inlet (with 18" sump); complete as specified Each 14.00 2400 Furnish and install 6" storm sewer lateral; complete as specified Linear Feet 400.00 2402 Furnish and install 8" storm sewer lateral; complete as specified Linear Feet 175.00 2404 Furnish and install storm sewer marker balls; complete as specified Each 40.00 2406 Furnish and install storm sewer clay dams; complete as specified Each 20.00 2408 Furnish and install storm sewer lateral inlet; complete as specified Each 12.00 2414 Storm lateral inlet adjustments; complete as specified Each 12.00 2508 Furnish; install; maintain; and remove Type D modified inlet protection; complete as specified Each 40.00 2510 Sediment removal - Type D modified inlet protection; complete as specified Each 40.00 2512 Furnish; install; maintain; and remove stone tracking pad; complete as specified Each 2.00 2516 Furnish; install; maintain; and remove stone bag; complete as specified Each 40.00 Unit Price Extension Unit Price Extension Dorner Inc.Advance Construction Inc. $3,327.00 $3,327.00 $3,782.00 $3,782.00 $3,792.00 $53,088.00 $4,846.00 $67,844.00 $65.00 $26,000.00 $70.00 $28,000.00 $76.00 $13,300.00 $78.00 $13,650.00 $31.00 $1,240.00 $30.00 $1,200.00 $128.00 $2,560.00 $300.00 $6,000.00 $1,274.00 $15,288.00 $1,070.00 $12,840.00 $128.00 $1,536.00 $50.00 $600.00 $121.00 $4,840.00 $75.00 $3,000.00 $11.00 $440.00 $1.00 $40.00 $528.00 $1,056.00 $1,200.00 $2,400.00 $13.00 $520.00 $8.00 $320.00 I:\Engineering\2021 - 2030 Contracts\2025 CONTRACTS\25-04 Bay Shore Dr & Bay St\Administrative\Contract Information\25-04 Bid Tab_11-18-24 Page 18 of 24 11/18/2024 Contract 25-04 - Bay Shore Drive and Bay Street Reconstruction (#9381346) Owner: Oshkosh WI, City of Solicitor: Oshkosh WI, City of Bid Opening: 11/18/2024 11:00 AM CST Section Title Item Code Item Description UofM Quantity 2518 Furnish; install; maintain; and remove 12" diameter sediment logs; complete as specified Linear Feet 150.00 2524 Furnish; install; maintain; and remove dewatering tank system; complete as specified Each 4.00 2526 Furnish; install; maintain; and remove turbidity barrier; complete as specified Each 3.00 2650 Furnish and install heavy rip-rap with filter fabric; complete as specified Square Yards 80.00 2800 Abandon 8" - 12" storm sewer; complete as specified Linear Feet 25.00 2802 Abandon 15" and larger storm sewer; complete as specified Linear Feet 325.00 2804 Remove 30" and smaller storm sewer; complete as specified Linear Feet 175.00 2806 Remove 33" - 60" storm sewer; complete as specified Linear Feet 70.00 2810 Abandon storm sewer manholes and inlets; complete as specified Each 3.00 2812 Remove storm sewer manholes and inlets; complete as specified Each 8.00 2850 Connect to existing storm sewer main; complete as specified Each 3.00 2852 Connect to existing storm sewer lateral; complete as specified Each 10.00 Unit Price Extension Unit Price Extension Dorner Inc.Advance Construction Inc. $16.00 $2,400.00 $10.00 $1,500.00 $3,695.00 $14,780.00 $2,000.00 $8,000.00 $6,335.00 $19,005.00 $1.00 $3.00 $70.00 $5,600.00 $250.00 $20,000.00 $10.00 $250.00 $9.00 $225.00 $59.00 $19,175.00 $48.00 $15,600.00 $24.00 $4,200.00 $36.00 $6,300.00 $48.00 $3,360.00 $143.00 $10,010.00 $523.00 $1,569.00 $400.00 $1,200.00 $731.00 $5,848.00 $600.00 $4,800.00 $2,395.00 $7,185.00 $1,000.00 $3,000.00 $367.00 $3,670.00 $200.00 $2,000.00 I:\Engineering\2021 - 2030 Contracts\2025 CONTRACTS\25-04 Bay Shore Dr & Bay St\Administrative\Contract Information\25-04 Bid Tab_11-18-24 Page 19 of 24 11/18/2024 Contract 25-04 - Bay Shore Drive and Bay Street Reconstruction (#9381346) Owner: Oshkosh WI, City of Solicitor: Oshkosh WI, City of Bid Opening: 11/18/2024 11:00 AM CST Section Title Item Code Item Description UofM Quantity 2856 Connect to existing storm sewer manhole; complete as specified Each 1.00 2858 Connect to existing storm sewer inlet; complete as specified Each 1.00 2914 Storm sewer utility line opening (ULO); complete as specified Each 5.00 2950 Excavation special (storm); complete as specified Tons 250.00 2952 Bentonite slurry dam (storm); complete as specified Each 25.00 3000 Furnish and install 8" sanitary sewer (relay); complete as specified Linear Feet 1,040.00 3004 Furnish and install 12" sanitary sewer (relay); complete as specified Linear Feet 5.00 3100 Furnish and install standard sanitary sewer manhole (4' diameter); complete as specified Vertical Feet 33.00 3114 Furnish and install sanitary sewer external manhole chimney seal; complete as specified Each 6.00 3116 Furnish and install sanitary sewer external manhole chimney seal extension; complete as specified Each 2.00 3210 Furnish and install 8" x 6" sanitary sewer factory wyes or tees; complete as specified Each 16.00 Unit Price Extension Unit Price Extension Dorner Inc.Advance Construction Inc. $1,472.00 $1,472.00 $1,000.00 $1,000.00 $1,031.00 $1,031.00 $600.00 $600.00 $1,418.00 $7,090.00 $750.00 $3,750.00 $20.00 $5,000.00 $12.50 $3,125.00 $529.00 $13,225.00 $1,500.00 $37,500.00 $125.00 $130,000.00 $152.00 $158,080.00 $182.00 $910.00 $300.00 $1,500.00 $881.00 $29,073.00 $780.00 $25,740.00 $581.00 $3,486.00 $550.00 $3,300.00 $528.00 $1,056.00 $500.00 $1,000.00 $280.00 $4,480.00 $135.00 $2,160.00 I:\Engineering\2021 - 2030 Contracts\2025 CONTRACTS\25-04 Bay Shore Dr & Bay St\Administrative\Contract Information\25-04 Bid Tab_11-18-24 Page 20 of 24 11/18/2024 Contract 25-04 - Bay Shore Drive and Bay Street Reconstruction (#9381346) Owner: Oshkosh WI, City of Solicitor: Oshkosh WI, City of Bid Opening: 11/18/2024 11:00 AM CST Section Title Item Code Item Description UofM Quantity 3232 Furnish and install 6" sanitary sewer laterals (new); complete as specified Linear Feet 35.00 3234 Furnish and install 4"/6" sanitary sewer lateral (relay); complete as specified Linear Feet 525.00 3235 Furnish and install 4"/6" sanitary sewer riser (relay); complete as specified Linear Feet 20.00 3236 Furnish and install sanitary sewer lateral marker balls; complete as specified Each 30.00 3238 Furnish and install clay dams; complete as specified Each 15.00 3300 Furnish and install connection to existing 8" sanitary sewer mains; complete as specified Each 2.00 3304 Furnish and install connection to existing 12" sanitary sewer mains; complete as specified Each 1.00 3330 Furnish and install sanitary sewer concrete collars; complete as specified Each 2.00 3404 Furnish and install 10" sanitary sewer open cut casing pipes; complete as specified Linear Feet 10.00 3410 Furnish and install 18" sanitary sewer open cut casing pipes; complete as specified Linear Feet 12.00 3600 Rock excavation; complete as specified Cubic Yards 50.00 Unit Price Extension Unit Price Extension Dorner Inc.Advance Construction Inc. $94.00 $3,290.00 $145.00 $5,075.00 $94.00 $49,350.00 $145.00 $76,125.00 $114.00 $2,280.00 $145.00 $2,900.00 $31.00 $930.00 $30.00 $900.00 $128.00 $1,920.00 $250.00 $3,750.00 $2,386.00 $4,772.00 $3,000.00 $6,000.00 $2,587.00 $2,587.00 $3,000.00 $3,000.00 $707.00 $1,414.00 $500.00 $1,000.00 $224.00 $2,240.00 $196.00 $1,960.00 $310.00 $3,720.00 $250.00 $3,000.00 $0.01 $0.50 $0.01 $0.50 I:\Engineering\2021 - 2030 Contracts\2025 CONTRACTS\25-04 Bay Shore Dr & Bay St\Administrative\Contract Information\25-04 Bid Tab_11-18-24 Page 21 of 24 11/18/2024 Contract 25-04 - Bay Shore Drive and Bay Street Reconstruction (#9381346) Owner: Oshkosh WI, City of Solicitor: Oshkosh WI, City of Bid Opening: 11/18/2024 11:00 AM CST Section Title Item Code Item Description UofM Quantity 3700 Closed circuit televising; complete as specified Linear Feet 1,045.00 3710 Closed circuit televising - using push camera; complete as specified Each 4.00 3800 Abandon sanitary sewer manholes; complete as specified Each 4.00 3802 Abandon 8" sanitary sewer; complete as specified Linear Feet 301.00 3806 Abandon 12" sanitary sewer; complete as specified Linear Feet 420.00 3852 Remove sanitary sewer manholes; complete as specified Each 2.00 3854 Remove sanitary sewer; complete as specified Linear Feet 220.00 3890 Sanitary sewer utility line opening (ULO); complete as specified Each 2.00 3892 Excavation special (sanitary); complete as specified Tons 110.00 3894 Bentonite slurry dam (sanitary); complete as specified Each 20.00 4000 Furnish and install 4" ductile iron water main (relay) with polywrap; complete as specified Linear Feet 20.00 4002 Furnish and install 6" ductile iron water main (relay) with polywrap; complete as specified Linear Feet 65.00 4004 Furnish and install 8" ductile iron water main (relay) with polywrap; complete as specified Linear Feet 1,355.00 Unit Price Extension Unit Price Extension Dorner Inc.Advance Construction Inc. $1.60 $1,672.00 $1.35 $1,410.75 $255.00 $1,020.00 $300.00 $1,200.00 $557.00 $2,228.00 $500.00 $2,000.00 $5.00 $1,505.00 $10.00 $3,010.00 $5.00 $2,100.00 $12.00 $5,040.00 $772.00 $1,544.00 $600.00 $1,200.00 $33.00 $7,260.00 $50.00 $11,000.00 $2,324.00 $4,648.00 $750.00 $1,500.00 $20.00 $2,200.00 $12.50 $1,375.00 $822.00 $16,440.00 $1,500.00 $30,000.00 $143.00 $2,860.00 $160.00 $3,200.00 $132.00 $8,580.00 $170.00 $11,050.00 $156.00 $211,380.00 $160.00 $216,800.00 I:\Engineering\2021 - 2030 Contracts\2025 CONTRACTS\25-04 Bay Shore Dr & Bay St\Administrative\Contract Information\25-04 Bid Tab_11-18-24 Page 22 of 24 11/18/2024 Contract 25-04 - Bay Shore Drive and Bay Street Reconstruction (#9381346) Owner: Oshkosh WI, City of Solicitor: Oshkosh WI, City of Bid Opening: 11/18/2024 11:00 AM CST Section Title Item Code Item Description UofM Quantity 4036 Furnish and install 1" water service (relay); complete as specified Linear Feet 500.00 4038 Furnish and install 1-1/2" water service (relay); complete as specified Linear Feet 45.00 4042 Furnish and install 1" water service (new); complete as specified Linear Feet 75.00 4048 Furnish and install 1" corporation and stop box; complete as specified Each 14.00 4052 Furnish and install 1-1/2" stop box and rod only; complete as specified Each 1.00 4055 Furnish and install water service clay dams; complete as specified Each 15.00 4056 Furnish and install connections to existing 4" water main; complete as specified Each 1.00 4060 Furnish and install connections to existing 8" water main; complete as specified Each 2.00 4080 Temporary water main; complete as specified Lump Sum 1.00 4109 Furnish and install 8" x 4" water main tee; complete as specified Each 1.00 4110 Furnish and install 8" x 6" water main tee; complete as specified Each 3.00 4189 Furnish and install 8" x 8" water main cross; complete as specified Each 1.00 4236 Furnish and install 6" 45 degree water main bend; complete as specified Each 10.00 Unit Price Extension Unit Price Extension Dorner Inc.Advance Construction Inc. $87.00 $43,500.00 $75.00 $37,500.00 $99.00 $4,455.00 $118.00 $5,310.00 $87.00 $6,525.00 $112.00 $8,400.00 $594.00 $8,316.00 $654.00 $9,156.00 $1,216.00 $1,216.00 $1,284.00 $1,284.00 $191.00 $2,865.00 $250.00 $3,750.00 $2,892.00 $2,892.00 $2,217.00 $2,217.00 $3,570.00 $7,140.00 $2,888.00 $5,776.00 $2,375.00 $2,375.00 $10,500.00 $10,500.00 $824.00 $824.00 $607.00 $607.00 $928.00 $2,784.00 $703.00 $2,109.00 $1,295.00 $1,295.00 $1,024.00 $1,024.00 $476.00 $4,760.00 $337.00 $3,370.00 I:\Engineering\2021 - 2030 Contracts\2025 CONTRACTS\25-04 Bay Shore Dr & Bay St\Administrative\Contract Information\25-04 Bid Tab_11-18-24 Page 23 of 24 11/18/2024 Contract 25-04 - Bay Shore Drive and Bay Street Reconstruction (#9381346) Owner: Oshkosh WI, City of Solicitor: Oshkosh WI, City of Bid Opening: 11/18/2024 11:00 AM CST Section Title Item Code Item Description UofM Quantity 4237 Furnish and install 8" 45 degree water main bend; complete as specified Each 8.00 4264 Furnish and install 8" x 6" water main reducer; complete as specified Each 1.00 4352 Cut and cap existing 6" water main; complete as specified Each 2.00 4354 Cut and cap existing 8" water main; complete as specified Each 2.00 4400 Furnish and install 4" water main gate valve; complete as specified Each 1.00 4401 Furnish and install 6" water main gate valve; complete as specified Each 3.00 4402 Furnish and install 8" water main gate valve; complete as specified Each 12.00 4500 Furnish and install hydrant; complete as specified Each 4.00 4712 Furnish and install 2" water main casing pipe; complete as specified Linear Feet 10.00 4726 Furnish and install 18" water main casing pipe; complete as specified Linear Feet 12.00 4800 Rock excavation; complete as specified Cubic Yards 20.00 4920 Remove water main; complete as specified Linear Feet 265.00 4990 Excavation special (water); complete as specified Tons 100.00 4992 Bentonite slurry dam (water); complete as specified Each 20.00 Bid Total: Unit Price Extension Unit Price Extension Dorner Inc.Advance Construction Inc. $615.00 $4,920.00 $452.00 $3,616.00 $525.00 $525.00 $392.00 $392.00 $1,683.00 $3,366.00 $233.00 $466.00 $2,001.00 $4,002.00 $318.00 $636.00 $1,857.00 $1,857.00 $1,567.00 $1,567.00 $2,168.00 $6,504.00 $1,864.00 $5,592.00 $3,023.00 $36,276.00 $2,613.00 $31,356.00 $6,861.00 $27,444.00 $5,980.00 $23,920.00 $109.00 $1,090.00 $70.00 $700.00 $310.00 $3,720.00 $200.00 $2,400.00 $0.01 $0.20 $100.00 $2,000.00 $39.00 $10,335.00 $58.00 $15,370.00 $20.00 $2,000.00 $12.50 $1,250.00 $688.00 $13,760.00 $1,500.00 $30,000.00 $2,397,669.00 $2,695,205.49 I:\Engineering\2021 - 2030 Contracts\2025 CONTRACTS\25-04 Bay Shore Dr & Bay St\Administrative\Contract Information\25-04 Bid Tab_11-18-24 Page 24 of 24 11/18/2024 TO :T O :Honorable Mayor and Members of the Common Council FRO M :FRO M :Darryl Eschete, Library Director D A TE :D A T E :November 26, 2024 SUB JEC T:SUB JEC T :Res 24-609 Approve Amendment to the 2024 Operations Budget -- Oshkosh Public Library for Funding from Winnebago County to Support Hoopla and Library Programming ($12,494.00) B A C KGRO UN DBACKGROUND Winnebago County annually provides support to the Oshkosh Public Library which is incorporated into the Library budget. For 2024 Winnebago County has provided additional funding in the amount of twelve thousand four hundred ninety-four and no/100 dollars ($12,494.00) to the Oshkosh Public Library to support special project funds including Hoopla and other Library programming. A N A L Y SI SANALYSIS The Oshkosh Library Board has accepted the additional funding from Winnebago County and it is necessary to amend the Library's operating budget to allow the funds to be spent. B OA RD /COM M I SSI ON I N FORM A TI O NBOARD/C O M M I SSI O N I N FO RM A TI O N The Oshkosh Library Board has accepted the additional funding from Winnebago County and recommends approval of the Resolution. FI SC A L I M P A CTFISCAL I M P A C T A Budget Amendment is necessary to receive the funds from Winnebago County on account 02391060- 4240-11306 and to allocate those funds to the following account numbers to allow for an increase of expenditures: Acct. Number 02391060-6524 for $6494 and Acct. Number 02391060-6529 for $6000. REC O M M E N D A TI ONRECOMMENDATION It is recommended that Common Council approve this amendment. A t t a chment sAttachments RES 24-609 11/26/2024 24-609 RESOLUTION     CARRIED 7-0     PURPOSE: AMEND THE 2024 LIBRARY OPERATING BUDGET ($12,494.00) INITIATED BY : OSHKOSH PUBLIC LIBRARY BOARD OF TRUSTEES   Oshkosh Public Library Board - Approved         WHEREAS, the Common Council has adopted the 2024 Operating Budget, which is on file in the Office of the City Clerk and available for public inspection; and      WHEREAS, it is necessary to amend the 2024 Oshkosh Public Library Operating Budget to account for unanticipated income for Specialty Supplies and Non-Inventory supplies received from Winnebago County and accepted by the Oshkosh Public Library Board of Trustees. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that the 2024 Program Budget, on file in the City Clerk's office, is hereby amended as follows:  To deposit funds received from Winnebago County in the amount of $12,494.00 in Acct. No. 02391060-4240-11306  To allocate $6000.00 to Acct. Number 02391060-6524  To allocate $6494.00 to Acct. Number 02391060-6529   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 :November 26, 2024 SUB JEC T:SUB JEC T :Res 24-610 Award Bid to Wheel and Sprocket for 14 "Procaliber 6" Trek Bikes for Police Department ($32,684.82) B A C KGRO UN DBACKGROUND The Oshkosh Police Department's Mobile Field Force (MFF) team is deployed to manage events that involve large crowds. The MFF is trained and equipped to respond to and prevent unlawful activities during these events. There has been an increasing shift towards large gatherings such as protests and demonstrations that could escalate into violence, resulting in harm to the community. Providing 14 additional bicycles to the MFF team during event deployments will provide mobility and increase ease of access to areas where police vehicles might encounter challenges. Each bike includes higher end bike pedals, racks, trunk bags, lights, helmet, load cage and other accessories. At their September 24, 2024, meeting, the Common Council approved allocating $27,434.00 in remaining ARPA appropriations for this project. A N A L Y SI SANALYSIS Working with Police Department staff, Purchasing prepared bid specifications for this project. Bids were due November 12, 2024. The bid tab is attached. The sole bid from Wheel and Sprocket met all the minimum bid requirements. FI SC A L I M P A CTFISCAL I M P A C T The Common Council allocated $27,434.00 in remaining ARPA appropriations for this project. The fiscal impact of this bid is $32,684.82. This project will be charged to A/N#: 02240211 7204 15456 (Machinery & Equipment: ARPA- PD Mobile Force Bicycles). Police Department staff have confirmed the overage ($5,250.82) will be charged to the Police Department's Operating Budget A/N#: 02150211 6550 02105 (Minor Equipment). REC O M M E N D A TI ONRECOMMENDATION Purchasing recommends the Common Council award this bid to Wheel and Sprocket for $32,684.82. A t t a chment sAttachments RES 24-610 Bid Tab OPD Bikes 11/26/2024 24-610 RESOLUTION     CARRIED 7-0     PURPOSE: AWARD BID TO WHEEL AND SPROCKET FOR 14 PROCALIBER 6 TREK BIKES FOR POLICE DEPARTMENT ($32,684.82) INITIATED BY : PURCHASING DEPARTMENT         WHEREAS, the City of Oshkosh has heretofore advertised for bids for 14 Procaliber 6 Trek Bikes for Oshkosh Police Department; and      WHEREAS, upon the opening and tabulation of bids, the following is the only bid:  Wheel and Sprocket 3939 W College Ave  Appleton, WI 54914                         Total Bid:      $32,684.82       WHEREAS, this bid meets the minimum specifications and staff has reviewed the bid and recommends its acceptance. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that the said bid is hereby accepted and the proper City officials are hereby authorized and directed to enter into an appropriate agreement for the purpose of same, all according to plans, specifications, and bid on file.  Money for this purpose is hereby appropriated from:  Acct. Nos.   02240211 7204 15456   Machinery & Equipment:  ARPA- PD Mobile Force Bicycles 02150211 6550 02105   Minor Equipment      BID TAB QTY FOURTEEN (14) PROCALIBER 6 TREK BIKES AND EQUIPMENT SETS FOR THE CITY OF OSHKOSH POLICE DEPARTMENT TUESDAY NOVEMBER 12, 2024 10:00 A.M. BIDDER BID Wheel and Sprocket 3939 W College Ave Appleton WI 54914 $32,684.82 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 :November 26, 2024 SUB JEC T:SUB JEC T :Res 24-611 Approve Professional Services Proposal from Lee Recreation, LLC for Playground Design and Installation for Stevens Park ($275,000.00) B A C KGRO UN DBACKGROUND At their September 24, 2024, meeting, the Common Council approved allocating $275,000.00 in remaining ARPA appropriations to replace play equipment at Stevens Park that was originally installed in 2004. The Parks Department and Purchasing staff solicited proposals from playground design firms. The RFP requested firms to provide up to three playground designs, to include the equipment, installation and poured-in-place rubber surfacing. A N A L Y SI SANALYSIS The RFP was issued for this project on September 23, 2024, and sent to known playground design firms. Proposals were due October 25, 2024. Proposals were received from four firms. Proposals were evaluated based on design creativity, components requested in the RFP and potential future maintenance. After evaluating all the proposals, it was the consensus of Parks staff and the Stevens Park Neighborhood Association members that Design 2 from Lee Recreation, LLC best met the project criteria. The project is scheduled to be completed in the spring of 2025. FI SC A L I M P A CTFISCAL I M P A C T The total fiscal impact of Lee Recreation, LLC's proposal is $275,000.00. The proposal includes the equipment, installation and poured-in-place rubber surfacing. The Common Council allocated $275,000.00 in remaining ARPA appropriations for this project. Funding for this project will be charged to A/N#: 02240610 7204 15465 (Machinery and Equipment- ARPA Stevens Park Play Equip). REC O M M E N D A TI ONRECOMMENDATION Section 12-16 of the Municipal Code provides that, subject to approval of the City Manager, the City may enter into professional service agreements without following a competitive bidding or quotation process. In accordance with Section 12-16, Purchasing recommends that the Common Council approve the proposal submitted by Lee Recreation, LLC, 260 W. Main Street, Cambridge, WI 53523 for $275,000.00. If you have any questions, please contact Parks Director Ray Maurer. A t t a chment sAttachments RES 24-611 11/26/2024 24-611 RESOLUTION     CARRIED 7-0     PURPOSE: APPROVE PROFESSIONAL SERVICES PROPOSAL FROM LEE RECREATION, LLC FOR PLAYGROUND DESIGN AND INSTALLATION FOR STEVENS PARK ($275,000.00) INITIATED BY : PURCHASING DEPARTMENT         WHEREAS, the Common Council allocated $275,000.00 in remaining ARPA appropriations to replace play equipment at Stevens Park that was originally installed in 2004, and     WHEREAS, staff solicited proposals for the the equipment, installation and poured in place rubber surfacing pursuant to the professional services exception under Section 12-16 of our Municipal Code which allows for the waiving of formal competitive bidding; and       WHEREAS, four (4) proposals were received by October 25, 2024; and     WHEREAS, after evaluating all of the proposals it was the consensus of Parks staff and Stevens Park Neighborhood Association  members that Design 2 from Lee Recreation, LLC best met the project criteria. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that the proper City officials are hereby authorized to enter into and take those steps necessary to implement an appropriate professional services agreement with Lee Recreation, LLC for the equipment, installation and poured in place rubber surfacing for Stevens Park in the amount of two hundred seventy-five thousand dollars and no cents ($275,000.00). Acct. No. 02240610 7204 15465    Machinery and Equipment- ARPA Stevens Park Play Equip    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 :November 26, 2024 SUB JEC T:SUB JEC T :Res 24-612 Approve Professional Services Proposal from Lee Recreation, LLC for Playground Design and Installation for Rainbow Memorial Park ($275,000.00) B A C KGRO UN DBACKGROUND At their September 24, 2024, meeting, the Common Council approved allocating $275,000.00 in remaining ARPA appropriations to replace play equipment at Rainbow Memorial Park that was originally installed in 2004. The Parks Department and Purchasing staff solicited proposals from playground design firms. The RFP requested firms to provide up to three playground designs, to include the equipment, installation and poured-in-place rubber surfacing. A N A L Y SI SANALYSIS The RFP was issued for this project on September 23, 2024, and sent to known playground design firms. Proposals were due October 25, 2024. Proposals were received from four firms. Proposals were evaluated based on design creativity, components requested in the RFP and potential future maintenance. After evaluating all the proposals, it was the consensus of Parks staff that Design 2 from Lee Recreation, LLC best met the project criteria. The project is scheduled to be completed in the spring of 2025. FI SC A L I M P A CTFISCAL I M P A C T The total fiscal impact of Lee Recreation, LLC's proposal is $275,000.00. The proposal includes the equipment, installation and poured-in-place rubber surfacing. The Common Council allocated $275,000.00 in remaining ARPA appropriations for this project. Funding for this project will be charged to A/N#: 02240610 7204 15466 (Machinery and Equipment- ARPA Rainbow Memorial Park Play Equip). REC O M M E N D A TI ONRECOMMENDATION Section 12-16 of the Municipal Code provides that, subject to approval of the City Manager, the City may enter into professional service agreements without following a competitive bidding or quotation process. In accordance with Section 12-16, Purchasing recommends that the Common Council approve the proposal submitted by Lee Recreation, LLC, 260 W. Main Street, Cambridge, WI 53523 for $275,000.00. If you have any questions, please contact Parks Director Ray Maurer. A t t a chment sAttachments RES 24-612 11/26/2024 24-612 RESOLUTION     CARRIED 7-0     PURPOSE: APPROVE PROFESSIONAL SERVICES PROPOSAL FROM LEE RECREATION, LLC FOR PLAYGROUND DESIGN AND INSTALLATION FOR RAINBOW MEMORIAL PARK ($275,000.00) INITIATED BY : PURCHASING DEPARTMENT         WHEREAS, the Common Council allocated $275,000.00 in remaining ARPA appropriations to replace play equipment at Rainbow Memorial Park that was originally installed in 2004, and     WHEREAS, staff solicited proposals for the the equipment, installation and poured in place rubber surfacing pursuant to the professional services exception under Section 12-16 of our Municipal Code which allows for the waiving of formal competitive bidding; and     WHEREAS, four (4) proposals were received by October 25, 2024; and     WHEREAS, after evaluating all of the proposals it was the consensus of Parks staff that Design 2 from Lee Recreation, LLC best met the project criteria. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that the proper City officials are hereby authorized to enter into and take those steps necessary to implement an appropriate professional services agreement with Lee Recreation, LLC for the equipment, installation and poured in place rubber surfacing for Rainbow Memorial Park in the amount of two hundred seventy-five thousand dollars and no cents ($275,000.00). Acct. No. 02240610 7204 15466   Machinery and Equipment- ARPA Rainbow Memorial Park Play Equip     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 :November 26, 2024 SUB JEC T:SUB JEC T :Res 24-613 Approve Cooperative Purchase of Truck Chassis from Truck Country of Wisconsin, Inc. and Automated Side Loader from Scranton Manufacturing Company/Envirotech Equipment for Sanitation Division ($328,377.44) B A C KGRO UN DBACKGROUND The Common Council allocated $375,000.00 in the 2024 CIP to purchase an automated side loader refuse truck for the Sanitation Division. This unit includes the truck chassis and the automated side loader body. This memo seeks Council approval of the purchase of this unit pursuant to the cooperative purchase exception to our purchasing ordinance. The new unit will replace unit #211, a 2016 truck with 43,818 miles that has required an increasing amount of maintenance resulting in more downtime. On a daily basis, this unit makes between 800--900 stops for recycling pickups. A N A L Y SI SANALYSIS Purchasing confirmed Truck Country of Wisconsin, Inc. holds a State of Wisconsin cooperative contract (#505ENT-M23-MDHDCHASSIS-04) for the truck chassis. Additionally, purchasing confirmed Scranton Manufacturing Company/Envirotech Equipment holds a Sourcewell cooperative contract (#091219-NWY) for the automated side loader body. By using these cooperative contracts, in total, the city will save $90,475 (41%) off list price. Purchasing has confirmed these contracts qualify as cooperative purchasing exceptions to our purchasing ordinance. FI SC A L I M P A CTFISCAL I M P A C T With trade-in, the total fiscal impact of this vehicle via the State of Wisconsin and Sourcewell cooperative contract discounts is $328,377.44. A total of $375,000.00 was allocated for an automated side load refuse truck in the 2024 CIP. This purchase will be charged to A/N#: 03230480 7210 66911 (Motor Vehicles- CIP Recycling Roll Off Containers). 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 these cooperative purchases from Truck Country of Wisconsin, Inc., 2401 Progress Way, Kaukauna, WI 54130, for $173,562.44 and from Scranton Manufacturing Company/Envirotech Equipment, 19750 W. Edgewood Drive, Lannon, WI 53046 for $154,815.00. If there are any questions about this purchase, please contact me or Public Works Director James Rabe. A t t a chment sAttachments RES 24-613 11/26/2024 24-613 RESOLUTION     CARRIED 7-0     PURPOSE: APPROVE COOPERATIVE PURCHASE OF TRUCK CHASSIS FROM TRUCK COUNTRY OF WISCONSIN, INC. AND AUTOMATED SIDE LOADER BODY FROM SCRANTON MANUFACTURING COMPANY/ENVIROTECH EQUIPMENT FOR SANITATION DIVISION ($328,377.44) INITIATED BY : PURCHASING DEPARTMENT         WHEREAS, the 2024 Capital Improvements Budget allocated funds for the purchase of a truck chassis and automated side loader for the Sanitation Division; and      WHEREAS, by participating through the State of Wisconsin Sourcewell Cooperative Purchase program, staff was able to obtain a more competitive price for the truck chassis and automated side loader; 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, Truck Country of Wisconsin holds the Sourcewell cooperative contract (#505ENT-M23-MDHDCHASSIS-04) for truck chassis and Scranton Manufacturing Company/Envirotech Equipment holds the Sourcewell cooperative contract (#091219-NWY) for automated side loader body. 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 truck chassis and automated side loader from:       Truck Country of Wisconsin, Inc. 2401 Progress Way Kaukauna, WI 54130             Total Bid:      $173,562.44 and Scranton Manufacturing Company/Envirotech Equipment 19750 W. Edgewood Drive  Lannon, WI 53046                                                      Total Bid:     $154,815.00   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.  03230480 7210 66911 Motor Vehicles- CIP Recycling Roll Off Containers     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 :November 26, 2024 SUB JEC T:SUB JEC T :Res 24-615 Approve Change Order No. 1 (Final) for Berglund Construction Company for Masonry Repairs/Loading Door Improvements for Public Museum (+$30,658.00) B A C KGRO UN DBACKGROUND Change Order No. 1 (Final) for Masonry Repairs/Loading Door Improvements at the Public Museum is scheduled for consideration by the Common Council at their November 26, 2024 meeting. The project was originally awarded to Berglund Construction Company at the August 23, 2023 meeting. This change order is for additional services requested by the city. A N A L Y SI SANALYSIS Following is a summary of changes and associated costs for this change order: I t emItem WorkWork Cha ngeChange D ir e c t iveDirective D e s c r ip t ionDescription A ct ionAction A mountAmount 1 1 Remove loading door operator scope of work Deduct -$6,850.00 2 2 Lead abatement at Sawyer Home windows Add +$4,000.00 3 3 Limestone purchase for future maintenance/replacement Add +$943.00 4 4 SE chimney repair of extensive cracking Add +$7,270.00 5 5 Roof repair from Sawyer bay window and main slate Add +$25,295.00 TO TA L V A L UE OF CH A N G E O RD ERTOTAL V A L UE O F C H A N G E O RD ER N O . 1 (FI N A L )N O . 1 (F I N A L ) +$30,658.00+$30,658.00 FI SC A L I M P A CTFISCAL I M P A C T Funding for this change order is in A/N#: 02241070 7214 15231 (Building Improvements- Museum Masonry Overhaul and Loading Doors). There are sufficient funds within this project budget for this change order. REC O M M E N D A TI ONRECOMMENDATION Staff recommends approval of Change Order No. 1 (Final) to the Masonry Repairs/Loading Door Improvements for the Public Museum in the amount of +$30,658.00. If there are any questions on this purchase, please contact me or Assistant City Manager/Director of Administrative Services John Fitzpatrick. A t t a chment sAttachments Res 24-615 11/26/2024 24-615 RESOLUTION     CARRIED 7-0     PURPOSE: APPROVE CHANGE ORDER NO. 1 (FINAL) FOR BERGLUND CONSTRUCTION COMPANY FOR MASONRY REPAIRS/LOADING DOOR IMPROVEMENTS FOR PUBLIC MUSEUM (+$30,658.00) INITIATED BY: PURCHASING DEPARTMENT     BE IT FURTHER RESOLVED by the Common Council of the City of Oshkosh that the following change order, a copy of which is attached, is hereby approved: Berglund Construction Company 1650 W. Miller Park Way  Milwaukee, WI 53214 Net Increase to Contract:    $30,658.00 Acct. No.  02241070 7214 15231 Building Improvements- Museum Masonry Overhaul and Loading Doors     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 :November 26, 2024 SUB JEC T:SUB JEC T :Res 24-616 Approve Change Order No. 1 (Final) for SMA Construction Services LLC for New 3rd Avenue Storage Facility for Police Department (+$43,471.08) B A C KGRO UN DBACKGROUND Change Order No. 1 (Final) for the new 3rd Avenue Storage Facility is scheduled for consideration by the Common Council at their November 26, 2024 meeting. The project was originally awarded to SMA Construction Services, LLC at the November 14, 2023 meeting. This change order is for additional services requested by the city. A N A L Y SI SANALYSIS Following is a summary of changes and associated costs for this change order: I t emItem WorkWork Cha ngeChange D ir e c t iveDirective D es crip t ionDescription A ct ionAction A mountAmount 1 03 Additional electrical work for storage mezzanine Add +$7,366.46 2 01 300 LF of 6' high galvanized chain link temp fence Add +$5,275.46 3R 04 Bad soils-directed to use slurry to fill 9 yd area Add +$4,353.30 4 02 Add 75' fence to south of building for added security Add +$7,343.02 5 05 Installation of 1.5" Mississippi rock in lieu of sod Add +$4,083.95 6 05 (2) 8" added to bollards on ext. of bldgs.Add +$2,508.89 7 05 Wrap SE & SW corners of front wall w masonry Add +$3,778.85 8 05 Upgraded IT switches from original spec Add +$4,952.30 9 05 3" hub drain below water heater for temperature relief Add +$1,438.84 10 05 WPS fee for final electrical/gas Add +$2,557.79 11 06 Blockfill and paint backside of parapet masonry wall Add +$799.31 12 06 Water tap per CBD and quartz box and traffic cover Deduct -$5,122.13 13 06 Removal motion sensor & install toggle switch Storage Area Add +$659.70 14 06 Install railing under stairs, added evac and address signage Add +$2,162.05 15 06 Split cost for fire sprinkler system install w Simplex devices Add +$1,313.29 TOTA L VA L UE O F C H A N GE ORD E R N O. 1TOTAL V A L U E O F C H A N G E O RD E R N O . 1 (FI N A L )(FI N A L ) +$43,471.08+$43,471.08 FI SC A L I M P A CTFISCAL I M P A C T Funding for this change order is in A/N#: 03230130 7214 63111 (Building Improvements- PD 3rd Avenue Storage Facility Improvements). There are sufficient funds within this project budget for this change order. REC O M M E N D A TI ONRECOMMENDATION Staff recommends approval of Change Order No. 1 (Final) to the new 3rd Avenue Storage Facility for the Police Department in the amount of +$43,471.08. If there are any questions on this purchase, please contact me or Assistant City Manager/Director of Administrative Services John Fitzpatrick. A t t a chment sAttachments Res 24-616 11/26/2024 24-616 RESOLUTION     CARRIED 7-0     PURPOSE: APPROVE CHANGE ORDER NO. 1 (FINAL) FOR SMA CONSTRUCTION SERVICES LLC FOR NEW 3RD AVENUE STORAGE FACILITY FOR POLICE DEPARTMENT (+$43,471.08) INITIATED BY: PURCHASING DEPARTMENT       BE IT RESOLVED by the Common Council of the City of Oshkosh that the following change order, a copy of which is attached, is hereby approved: SMA Construction Services LLC 201 W. Walnut Street, Suite 301 Green Bay, WI 54303-5709 Net Increase to Contract:   $43,471.08 Acct. No.  03230130 7214 63111 Building Improvements- PD 3rd Avenue Storage Facility Improvements   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 :November 26, 2024 SUB JEC T:SUB JEC T :Res 24-617 Approve Change Order No. 1 (Final) for Cardinal Construction Company, Inc. for Waldwic Gallery Renovation for Public Museum (+$34,340.30) B A C KGRO UN DBACKGROUND Change Order No. 1 (Final) for the Waldwic Gallery Renovation at the Public Museum is scheduled for consideration by the Common Council at their November 26, 2024 meeting. The project was originally awarded to Cardinal Construction Company, Inc. at the March 26, 2024 meeting. This change order is for additional services requested by the city. A N A L Y SI SANALYSIS Following is a summary of changes and associated costs for this change order: I t emItem WorkWork Cha ngeChange D ir e c t iveDirective D e s c r ip t ionDescription A ct ionAction A mountAmount 1 1 Added flooring finish Add +$2,772.00 2 2 Extra CAT6 cable for security cameras Add +$1,815.00 3 3 Duct and roof drain modifications Add +$8,308.30 4 4 Add closet Add +$6,180.90 5 5 Decommission water fountain Add +$1,554.30 6 6 Stairwell wall furring Add +$2,938.10 7 7 Additional painting at doors, frames ST201 and ST203 Add +$686.40 8 8 Additional lighting and exit fixtures ST201 & ST202 Add +$4,279.00 9 9 Magnetic hold opens at gallery doors Add +$5,806.30 TO TA L V A L UE OF CH A N G E O RD ERTOTAL V A L UE O F C H A N G E O RD ER N O . 1 (FI N A L )N O . 1 (F I N A L ) +$34,340.30+$34,340.30 FI SC A L I M P A CTFISCAL I M P A C T Funding for this change order is in A/N#: 032301070 7214 63170 (Building Improvements- Museum CIP Fund for General Purpose Room). There are sufficient funds within this project budget for this change order. REC O M M E N D A TI ONRECOMMENDATION Staff recommends approval of Change Order No. 1 (Final) to the Waldwic Gallery Renovation for the Public Museum in the amount of +$34,340.30. If there are any questions on this purchase, please contact me or Assistant City Manager/Director of Administrative Services John Fitzpatrick. A t t a chment sAttachments Res 24-617 11/26/2024 24-617 RESOLUTION     CARRIED 7-0     PURPOSE: APPROVE CHANGE ORDER NO. 1 (FINAL) FOR CARDINAL CONSTRUCTION COMPANY, INC. FOR WALDWIC GALLERY RENOVATION FOR PUBLIC MUSEUM (+$34,340.30) INITIATED BY: PURCHASING DEPARTMENT       BE IT RESOLVED by the Common Council of the City of Oshkosh that the following change order, a copy of which is attached, is hereby approved: Cardinal Construction Company, Inc. 1183 Industrial Parkway Fond du Lac, WI 54937 Net Increase to Contract:            $34,340.30 Acct. No.  032301070 7214 63170 Building Improvements- Museum CIP Fund for General Purpose Room   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 :November 26, 2024 SUB JEC T:SUB JEC T :Res 24-618 Approve Special Event - Anglers in Action Inc. to Utilize Menominee Park Millers Bay and Boat Launch Parking Lot to Host the Cold Water Classic, January 25, 2025 A t t a chment sAttachments RES 24-618 Cold Water Classic Attachment 11/26/2024 24-618 RESOLUTION     CARRIED 7-0     PURPOSE: APPROVE SPECIAL EVENT - ANGLERS IN ACTION INC TO UTILIZE MENOMINEE PARK MILLERS BAY AND BOAT LAUNCH PARKING LOT TO HOST THE COLD WATER CLASSIC, JANUARY 25, 2025 INITIATED BY : CITY ADMINISTRATION     NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that approval is granted to Anglers in Action LLC (Matthew Crawford) to utilize Menominee Park Millers Bay and boat launch parking lot on Saturday, January 25, 2025, from 8 a.m. to 4 p.m. to host the Cold Water Classic, in accordance with the municipal code and the attached application, with the following exceptions/conditions: A. B. C.   BE IT FURTHER RESOLVED that as a condition of approval, the Event Organizer shall pay the City’s actual costs for extraordinary services. Approval of this request shall not be interpreted as approval to conduct the event during any period of emergency order or declaration prohibiting such an event. Approval of this event shall not be interpreted to supersede any emergency order or declaration applicable to such an event and all events shall remain subject to all applicable ordinances, orders, declarations and requirements for public gatherings. Cost Estimates for Extraordinary Services None   TO :T O :Honorable Mayor and Members of the Common Council FRO M :FRO M :Kathy Snell, Special Events Coordinator D A TE :D A T E :November 26, 2024 SUB JEC T:SUB JEC T :Res 24-619 Approve Special Event - Special Olympics Wisconsin to Utilize Menominee Park & Millers Bay for the Polar Plunge, February 8, 2025 A t t a chment sAttachments RES 24-619 Polar Plunge Attachment 11/26/2024 24-619 RESOLUTION     CARRIED 7-0     PURPOSE: APPROVE SPECIAL EVENT - SPECIAL OLYMPICS WISCONSIN TO UTILIZE MENOMINEE PARK & MILLERS BAY FOR THE POLAR PLUNGE, FEBRUARY 8, 2025 INITIATED BY : CITY ADMINISTRATION     NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that approval is granted to Special Olympics Wisconsin (Corey Beecher) to utilize Menominee Park & Millers Bay on Saturday, February 8, 2025, from 10:00 a.m. to 4:00 p.m. for the Polar Plunge in accordance with the municipal code and the attached application, with the following exceptions/conditions: A. B. C. BE IT FURTHER RESOLVED that as a condition of approval, the EventOrganizer shall pay the City’s actual costs for extraordinary services. Approval of this request shall not be interpreted as approval to conduct the event during any period of emergency order or declaration prohibiting such an event. Approval of this event shall not be interpreted to supersede any emergency order or declaration applicable to such an event and all events shall remain subject to all applicable ordinances, orders, declarations and requirements for public gatherings. Cost Estimates for Extraordinary Services The Extraordinary Services Fee Schedule for Special Events is subject to change. These rates are based on the 2024 Extraordinary Services Fee Schedule for Special Events. Fire Department Inspections $75 (preliminary estimate includes one hour of dedicated staff for inspection of temporary structures)   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 :November 26, 2024 SUB JEC T:SUB JEC T :Res 24-620 Approve Special Event - Hmong Service Center, Inc to Hold the Hmong National Memorial Day Festival at the Winnebago County Community Park, May 24 & 25, 2025 A t t a chment sAttachments RES 24-620 Hmong National Memorial Day Festival Attachment 11/26/2024 24-620 RESOLUTION     CARRIED 7-0     PURPOSE: APPROVE SPECIAL EVENT - HMONG SERVICE CENTER INC TO HOST THE HMONG NATIONAL MEMORIAL DAY FESTIVAL AT THE WINNEBAGO COUNTY COMMUNITY PARK MAY 24 & 25, 2025 INITIATED BY : CITY ADMINISTRATION     NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that approval is granted to Hmong Service Center, Inc. (Mee Yang) to hold the Hmong National Memorial Day Festival at the Winnebago County Community Park on Saturday, May 24, 2025, from 7:00 a.m. to 9:00 p.m. and Sunday, May 25, 2025, from 7:00 a.m. to 9:00 p.m., in accordance with the municipal code and the attached application, with the following exceptions/conditions: A. BE IT FURTHER RESOLVED that as a condition of approval, the Event Organizer shall pay the City’s actual costs for extraordinary services. Approval of this request shall not be interpreted as approval to conduct the event during any period of emergency order or declaration prohibiting such an event. Approval of this event shall not be interpreted to supersede any emergency order or declaration applicable to such an event and all events shall remain subject to all applicable ordinances and orders, declarations and requirements for public gatherings. Cost Estimates for Extraordinary Services The Extraordinary Service Fee Schedule for Special Events is subject to change. These rates are based on the 2024 Extraordinary Services Fee Schedule for Special Events. Police Staffing $7,823.23 (preliminary estimate includes 73 officer hrs., 20 Supervisor hrs., 2 CSO hrs.) Equipment/Vehicle Use $128.96 (preliminary estimate includes 10 hrs. of ATV use) Fire Fire Inspection $150 (preliminary estimate includes Inspector services)   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 :November 26, 2024 SUB JEC T:SUB JEC T :Res 24-621 Approve Special Event - Oshkosh Festivals, LLC to Utilize City Streets for the Crossroads 41 Event, August 6 Through August 9, 2025 A t t a chment sAttachments RES 24-621 Crossroads 41 Music Festival Attachmnet 11/26/2024 24-621 RESOLUTION     CARRIED 7-0     PURPOSE: APPROVE SPECIAL EVENT - OSHKOSH FESTIVAL LLC TO UTILIZE CITY STREETS FOR THE CROSSROADS 41 MUSIC FESTIVAL AUGUST 6 THROUGH 9, 2025 INITIATED BY : CITY ADMINISTRATION     NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that approval is granted to Oshkosh Festivals, LLC (Corey Bliss) to utilize City streets from 9 a.m., Wednesday, August 6, 2025, through 12:00 p.m., Sunday, August 10, 2025, for the Crossroads 41 Music Festival in accordance with the municipal code and the attached application, with the following exceptions/conditions: a.  Submission and approval of a Traffic, Pedestrian Satey, Security and Lighting Plan to include additional lighting, reduced speed limits, caution lights with message boards, and enhanced law enforcement as agreed upon. b. Submission and approval of an Emergency Services and Fire Protection Plan to include staffing levels. 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 s approval to conduct the event during any period of emergency order or declaration prohibiting such an event.  Approval of this event shall not be interpreted to supersede any emergency order or declaration applicable to such an event and all events shall remain subject to all applicable ordinances, orders, declarations, and requirements for public gatherings. Cost Estimates for Extraordinary Services The Extraordinary Services Fee Schedule for Special Events is subject to change. These rates are based on the 2024 Extraordinary Services Fee Schedule for Special Events.  Police Staffing $54,166.64 (preliminary estimate includes 48 CSO hours, 556.75 officer hrs., and 84 Supervisor hrs.) Equipment / Vehicle $3,564.92 (preliminary estimate includes 30 mobile command center hrs., 52 ATV/UTV hrs., 56 auto hrs.) Supplies/Materials $165 (preliminary estimate includes use of cones and no parking signs) Public Works/Streets/Tranist Staffing $226.90 (preliminary estimate includes 6 staff hrs.) Equipment/Vehicle $138.72 (preliminary estimate includes 4 truck hrs. and 4 trailer hrs.) Supplies/Materials $258.50 (preliminary estimate includes use of barricades and signs)   SPECIAL EVENT PERMIT APPLICATION Application fees are $25 for a single day event or $35 for a multi-day event GENERAL INFORMATION Official Name of Event: Start Date: End Date: List times for each day: MON TUES WED THURS FRI SAT SUN SET UP TIME START TIME END TIME CLEAN UP TIME LOCATION OF THE EVENT City Park: Public Property (list street(s), building(s), etc.) County Park / Property: City Park: Other: ORGANIZATION SPONSOR Name: Address: City: State: Zip: Check this box if this organization is tax exempt (a copy of Wisconsin Sales & Use Tax Exempt form is required) Date Filed: Application Fee Paid: 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 :November 26, 2024 SUB JEC T:SUB JEC T :Res 24-622 Approve Special Event - Hmong Service Center, Inc. to Hold the Hmong National Labor Day Festival at Sunnyview Exposition Center and the Winnebago County Community Park, August 30 & August 31, 2025 A t t a chment sAttachments RES 24-622 Hmong National Labor Day Festival Attachment 11/26/2024 24-622 RESOLUTION     CARRIED 7-0     PURPOSE: APPROVE SPECIAL EVENT - HMONG SERVICE CENTER INC TO HOLD THE HMONG NATIONAL LABOR DAY FESTIVAL AT THE WINNEBAGO COUNTY COMMUNITY PARK ON AUGUST 30 & 31, 2025   INITIATED BY : CITY ADMINISTRATION     NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that approval is granted to Hmong Service Center, Inc. (Mee Yang) to hold the Hmong National Labor Day Festival at the Winnebago County Community Park on Saturday, August 30, 2025, from 7:00 a.m. to 9:00 p.m. and Sunday, August 31, 2025, from 7:00 a.m. to 9:00 p.m., in accordance with the municipal code and the attached application, with the following exceptions/conditions: A.   BE IT FURTHER RESOLVED that as a condition of approval, the Event Organizer shall pay the City’s actual costs for extraordinary services.  Approval of this request shall not be interpreted as approval to conduct the event during any period of emergency order or declaration prohibiting such an event.  Approval of this event shall not be interpreted to supersede any emergency order or declaration applicable to such an event and all events shall remain subject to all applicable ordinances, orders, declarations and requirements for public gatherings. Cost Estimates for Extraordinary Services The Extraordinary Services Fee Schedule for Special Events is subject to change.  These rates are based on the 2024 Extraordinary Services Fee Schedule for Special Events. Police Staffing $9,650.48 (preliminary estimate includes 92 officer hrs., 23  Supervisor hrs., 2 CSO hrs.) Equipment/Vehicle Use $311.28 (preliminary estimate includes 32 hrs. of ATV use) Fire Fire Inspection $150.00 (preliminary estimate includes Inspector services)   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 :November 26, 2024 SUB JEC T:SUB JEC T :Res 24-614 Approve Purchase of 2025 iasWorld Software as a Service (SaaS) Agreement from Tyler Technologies, Inc. for IT Division ($130,100.00) B A C KGRO UN DBACKGROUND The Assessor Division utilizes Tyler Technologies iasWorld software to perform its assessment duties for real estate and personal property tax valuations. This agreement is proprietary to the assessment software system utilized by the city of Oshkosh. A N A L Y SI SANALYSIS The Tyler Technologies iasWorld annual software agreement is $130,100.00, billed quarterly. The City Manager has approved this service agreement renewal. Tyler Technologies does not offer a multi-year renewal option for this software as their rates are adjusted annually. Purchasing has confirmed this purchase qualifies as an exception to our purchasing ordinance. FI SC A L I M P A CTFISCAL I M P A C T The annual total fiscal impact of this agreement for 2025 is $130,100.00. Funds for the 2025 iasWorld agreement ($130,100.00) are allocated annually to the cloud-based computer services account (01000110 6415) of the 2025 IT Operating Budget. 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 the 2025 iasWorld Software as a Service (SaaS) agreement for $130,100.00 with Tyler Technologies, PO Box 203551, Dallas, TX 75320-3551. A t t a chment sAttachments RES 24-614 11/26/2024 24-614 RESOLUTION     CARRIED 7-0     PURPOSE: APPROVE PURCHASE OF 2025 IASWORLD SOFTWARE AS A SERVICE (SAAS) AGREEMENT FROM TYLER TECHNOLOGIES, INC. FOR IT DIVISION ($130,100.00) INITIATED BY : PURCHASING DEPARTMENT         WHEREAS, the City of Oshkosh utilizes Tyler Technologies software for assessment of real estate and personal property; and     WHEREAS, it is necessary to provide for annual updating and maintenance of this system which is available only through Tyler Technologies. 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 software maintenance with:  Tyler Technologies, INC. PO Box 203551 Dallas, TX  75320-3551                                      Total:         $130,100.00 Money for this purpose is hereby appropriated from:  Acct. No.    01000110-6415     Cloud-based Computer Services     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 :November 26, 2024 SUB JEC T:SUB JEC T :Ord 24-623 Cancel December 24, 2024 Council Meeting A t t a chment sAttachments ORD 24-623 11/26/2024 24-623 ORDINANCE   SECOND READING     11/12/2024 24-581 ORDINANCE   FIRST READING     CARRIED 7-0     PURPOSE: CANCEL DECEMBER 24, 2024 COUNCIL MEETING INITIATED BY : CITY ADMINISTRATION   A GENERAL ORDINANCE OF THE CITY OF OSHKOSH PERTAINING TO REGULAR COUNCIL MEETINGS     WHEREAS, Section 2-10 of the City of Oshkosh Municipal Code provides that the regular meetings of the Common Council shall take place on the second and fourth Tuesdays of each month; and     WHEREAS, in December 2024, the second monthly meeting would occur on December 24.  NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of Oshkosh as follows:     SECTION 1. That the regular meeting of the Oshkosh Common Council scheduled for December 24, 2024 at 6:00 p.m. is hereby canceled.     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 24-623 CANCEL DECEMBER 24, 2024 COUNCIL MEETING on November 26, 2024. The ordinance cancels the regular meeting of the Common Council scheduled for December 24, 2024.  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. TO :T O :Honorable Mayor and Members of the Common Council FRO M :FRO M :Dean Smith, Police Chief D A TE :D A T E :November 26, 2024 SUB JEC T:SUB JEC T :Ord 24-624 Create Temporary Ordinance Prohibiting Alcohol in City Parks B A C KGRO UN DBACKGROUND The City of Oshkosh does not currently prohibit the consumption of alcohol beverages in city parks and has taken steps in recent years to expand the ability to consume alcohol beverages in the city's downtown area during certain limited times and with certain conditions through the adoption of a Designated Outdoor Refreshment Area (DORA). The Common Council through the DORA has, through March 31, 2025, permitted the carrying of open containers and consumption of alcoholic beverages within the city's North Main Street downtown area on Wednesday through Saturday evenings and on Saturday afternoons. While for the most part the DORA has resulted in minimal additional enforcement and concern in the downtown area, there have been incidents related to the consumption of alcohol beverages, particularly within the Opera House Square Park area, where intoxicated persons have either violated or attempted to violate other ordinances of the City of Oshkosh. Due to the increase in these incidents, businesses in the downtown area and representatives of the Downtown Oshkosh Business Improvement District (BID) have approached the city with concerns pertaining to the unregulated consumption of alcohol beverages within the parks within the downtown area. Staff reviewed the complaints and incidents that have occurred and recommends that action be taken to limit the consumption of alcohol in and around Grand Opera House Park. In addition, staff is concerned that regulating alcohol beverage consumption in a single or certain parks while prohibiting it in others may simply drive the problem from one public location to another. To that end, staff is recommending a temporary prohibition of alcohol beverages at all parks to address the current problems as well as to allow the city to evaluate the effectiveness of this measure and to identify other potential longer-term solutions. While staff supports the prohibition of uncontrolled use of alcohol beverages within the city parks, staff does recommend some limited exceptions for situations with more controlled possession and consumption, specifically in connection with the holiday parade which has already been approved by Council and occurs during the original DORA hours, and in connection with approved Special Events and park facility rentals. A N A L Y SI SANALYSIS Limiting the possession and consumption of alcohol in city parks and in the established DORA district will require two (2) separate actions of the Council: an ordinance to prohibit the possession and consumption of alcohol beverages within city parks and a resolution to modify the approval of the DORA in the downtown area to remove the city parks and the sidewalk area adjacent to Opera House Square Park from the approved areas for carrying and consumption of alcohol. Staff is proposing limited exceptions for the holiday parade which has already been approved by Council and occurs during the original DORA hours, and in connection with approved Special Events and park facility rentals where staff can work with the organizers to address concerns related to control of possession and consumption. Staff is requesting waiving the rules to allow for passage of the ordinance upon the first reading to allow all provisions to go into effect at the same time for consistency of communication and education of the public. Staff is also requesting that the ordinance provision be limited in term to March 31, 2025 and be self- repealing, requiring no further formal action of the Council to repeal at that time. REC O M M E N D A TI ONRECOMMENDATION Staff recommends waiving of the rules and adopting on first reading the proposed ordinance to temporarily prohibit possession and consumption of alcohol beverages in city parks with the noted exceptions. A t t a chment sAttachments ORD 24-624 11/26/2024 24-624 ORDINANCE   SECOND READING     11/12/2024 24-582 ORDINANCE   FIRST READING     CARRIED 4-3     PURPOSE: CREATE TEMPORARY ORDINANCE PROHIBITING ALCOHOL IN CITY PARKS INITIATED BY : OSHKOSH POLICE DEPARTMENT   (LANGUAGE SUBMITTED FOR FIRST AND SECOND READING AS AMENDED NOVEMBER 26, 2024 / below) A GENERAL ORDINANCE OF THE CITY OF OSHKOSH TEMPORARILY CREATING SECTION 19-4.1 OF THE CITY OF OSHKOSH MUNICIPAL CODE TO PROHIBIT THE POSSESSION AND CONSUMPTION OF ALCOHOL WITHIN CITY PARKS     WHEREAS, the consumption of alcohol beverages in City Parks is not currently prohibited within the City’s Municipal Code; and     WHEREAS, the Oshkosh Police Department reports that there have been incidents related to the consumption of alcohol beverages where intoxicated persons have either violated or attempted violate other ordinances of the City of Oshkosh; and     WHEREAS, businesses in the downtown area and representatives of the Downtown Oshkosh Business Improvement District (BID) have approached the city with concerns pertaining to the unregulated consumption of alcohol beverages within the parks within the downtown area; and     WHEREAS, there is concern that regulating alcohol beverage consumption in certain parks while prohibiting it in others may simply drive the problem from one public location to another; and     WHEREAS, staff recommends a temporary prohibition of alcohol beverages at all parks with limited exceptions for the holiday parade which had already been approved and occurs during the original DORA hours, and in connection with City approved special events and park facility rentals.   NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of Oshkosh as follows:     SECTION 1. That Section 19-4.1 of the City of Oshkosh Municipal Code is hereby created to read as follows: SECTION 19-4.1 POSSESSION AND CONSUMPTION OF ALCOHOL WITHIN CITY PARKS PROHIBITED (A)    No person shall possess or consume any intoxicating liquor or fermented malt beverage while in or upon any City of Oshkosh park property. (B)    Notwithstanding the prohibition contained within subsection (A) above, persons may possess intoxicating liquor and fermented malt beverages within or upon city park property:     (1)    in connection with the previously approved Special Event for Opera House Square Park Community Tree Lighting and Holiday Parade Event to be held on Thursday, December 5, 2024. (2)    within the boundaries of and during the hours of a Special Event which includes a request for alcohol beverages approved under the provisions of Chapter 5 of the City of Oshkosh Municipal Code. (3)     in connection with and during the hours rented within the exclusive rental area of a park facility.     SECTION 2. This ordinance shall be in full force and effect from and after its passage and publication and     SECTION 2. This ordinance shall be in full force and effect from and after its passage and publication and shall automatically repeal without further action by the Common Council required at 11:59 pm on March 31, 2025.     SECTION 3. Publication Notice.  Please take notice that the City of Oshkosh enacted ordinance #24-624 Create Temporary Ordinance Banning Alcohol in THE OPERA HOUSE SQUARE PARK (A GENERAL ORDINANCE OF THE CITY OF OSHKOSH TEMPORARILY CREATING SECTION 19-4.1 OF THE CITY OF OSHKOSH MUNICIPAL CODE TO PROHIBIT THE POSSESSION AND CONSUMPTION OF ALCOHOL WITHIN THE OPERA HOUSE SQUARE CITY PARK) on November 12, 2024.  This ordinance creates a temporary ban on the possession and/or consumption of alcohol beverages in the Opera House Square City Park through March 31, 2025.  There are exceptions for the previously approved evening of December 5, 2024, in connection with the Downtown Holiday Parade, approved Special Events, and Rentals of the Opera House Square City Park. The full text of the ordinance may be obtained at the Office of the City Clerk, 215 Church Avenue, and through the City’s website at www.oshkoshwi.gov.  Clerk’s phone: 920/236-5011. TO :T O :Honorable Mayor and Members of the Common Council FRO M :FRO M :Kelly Nieforth, Director of Community Development D A TE :D A T E :November 26, 2024 SUB JEC T:SUB JEC T :*Ord 24-625 Approve Request to Annex to the City from the Town of Oshkosh, 4434 Island View Drive, Parcel 01805930000 (Plan Commission Recommends Approval) B A C KGRO UN DBACKGROUND The property is located on the east side of Island View Drive approximately 400 feet south of Sunnyview Road and fronts the west shoreline of Lake Winnebago. The property contains a single-family house with attached 2-car garage. The petitioner is requesting to annex to enable a connection to City water. The existing well serving the house has failed and the owner has chosen to annex to the city versus constructing a replacement well. The Common Council approved an Annexation Agreement (Res. 24- 534) which allowed the owner to connect to City water prior to officially annexing to the City to shorten the delay of restoring water to her house. The agreement stipulates that the owner will follow through with the annexation after connecting to City water. The house is currently connected to sanitary sewer owned by the Island View Sanitary District. A N A L Y SI SANALYSIS The proposed annexation meets Wisconsin's statutory requirements for unanimous annexations. The property is adjacent to the City to the north and south, and will eliminate a town island. The State of Wisconsin Department of Administration's Municipal Boundary Review has reviewed the petition and found the annexation to be in the public interest. The Comprehensive Plan designates this area appropriate for Light Density Residential land uses, which is consistent with the proposed Single Family Residential-5 (SR-5) District zoning designation. The Department of Public Works has reviewed the request and reported that the City water main is available along Island View Drive. Sanitary sewer is also located within the Island View Drive right-of-way; however, it is owned by the Island View Sanitary District. The Oshkosh Fire and Police Departments have reviewed the annexation request and do not have any concerns with providing services to this property. REC O M M E N D A TI ONRECOMMENDATION The Plan Commission recommended approval of the requested annexation on November 19, 2024. Please see the attached staff report, meeting minutes and the Wisconsin Department of Administration's finding for more information. A t t a chment sAttachments Ord 24-625 Exhibit A to Ord 24-625 Annexation - 4434 Island View Dr DOA Letter StampedKrommAnnexationMap StampedUnanimousPetition StampedZoningPetition 11/26/2024 24-625 ORDINANCE   FIRST READING                                 PURPOSE: APPROVE REQUEST TO ANNEX TO THE CITY FROM THE TOWN OF OSHKOSH, 4434 ISLAND VIEW DRIVE, PARCEL 01805930000 INITIATED BY : CHRISTINE KROMM   PLAN COMMISSION RECOMMENDATION: Approved A GENERAL ORDINANCE OF THE CITY ANNEXING CERTAIN TERRITORY FROM THE TOWN OF OSHKOSH TO THE CITY OF OSHKOSH. The Common Council of the City of Oshkosh do ordain as follows:     WHEREAS, an annexation petition duly circulated has heretofore been signed by the owners of all the real property within such territory and all of the electors residing in said territory; and     WHEREAS, Section 66.0217(2) of the Wisconsin Statutes allows for petition to be filed without a notice of intention to circulate in an annexation by unanimous approval; and    WHERAS, said annexation petition together with a description of the territory to be annexed and a scale map showing the boundaries of such territory and its relation to the municipalities involved, having been filed with the City Clerk of the City of Oshkosh and the Town Clerk for the Town of Oshkosh; and    WHEREAS, a copy of said annexation petition together with a description of the territory to be annexed and a scale map having been mailed to the affected municipal and school district clerks and the Director of the Municipal Boundary Review of the State of Wisconsin, Department of Commerce within five (5) days of the filing of said petition; and    WHEREAS, not more than one hundred twenty (120) days have lapsed since the filing of the annexation petition; and    WHEREAS, the Director of the Municipal Boundary Review of the State of Wisconsin, Department of Commerce, has issued his opinion that the annexation is not contrary to the public interest; and    WHEREAS, the petitioners have requested that the annexation ordinance temporarily designate the classification of the annexed area for zoning purposes; and    WHEREAS, the Plan Commission of the City of Oshkosh is recommending that said property be temporarily zoned as follows:  Single-Family Residential (SR-5)   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 subject to Wisconsin Statutes and described in the attached "Exhibit A".     SECTION 2. Sections 1-28 and 1-29 of the Oshkosh Municipal Code pertaining to Boundaries, Wards, Polls, Benchmarks are hereby amended so as to reflect the provisions of this Ordinance and the proper City officials are hereby authorized and directed to make such changes.     SECTION 3. The proper City officials are hereby authorized and directed to comply with the 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 State.    SECTION 4.  Said property hereinabove described is hereby temporarily zoned as follows:  Single-Family Residential (SR-5)    SECTION 5.  This Ordinance shall be in full force and effect from and after its passage and publication.    SECTION 6.  Publication Notice.  Please take notice that the City of Oshkosh enacted Ordinance #24-XXX APPROVE REQUEST TO ANNEX TO THE CITY FROM THE TOWN OF OSHKOSH, 4334 ISLAND VIEW DRIVE, PARCEL 01805930000 on December 10, 2024. The Ordinance annexed property located at 4334 Island View Drive from the Town of Oshkosh 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 KROMM UNANIMOUS ANNEXATION FROM THE TOWN OF OSHKOSH BEING PART OF GOVERNMENT LOT 1, SECTI ON 31, TOWNSHIP 19 NORTH, RANGE 17 EAST, TOWN OF OSHKOSH, WINNEBAGO COUNTY , WISCONSIN, BOUNDED AND DESCRIBED AS FOLLOWS: COMMENCING FROM THE NORTH % CORNER OF SAID SECT ION 31; THENCE S8914'26"W, 4.02 FEET ALONG THE NORTH LINE OF THE NORTHWEST¼ SAID SECT ION 31 TO A POINT ON THE EXT ENDED WESTERLY LINE OF ISLAND VIEW DRIVE; THENCE S09°00'46"W, 383.51 FEET ALONG SAID EXT ENDED WESTERLY AND WESTERLY LINES OF ISLA ND VIEW DRIVE TO THE POINT OF BEGINNING; THENCE N8914'26"E, 245.31 FEET TO A MEANDER CORNER BEING S8914'26"W, 20 FEET MORE OR LESS FROM THE WESTERN SHORELINE OF LAKE WINNEBAGO; THENCE S1336'46"W, 63.07 FEET ALONG A MEA NDER LINE TO A MEANDER CORNER BEING S89°14'26"W, 20 FEET MORE OR LESS FROM SAID SHORELINE; THENCE S8914'26"W, 240.17 FEET TO THE WESTERLY LINE OF ISLA ND VIEW DRIVE; THENCE N09°00'46"E, 62.00 FEET ALONG SAID WEST ERLY LINE TO THE POINT FO BEGINNING; DESCRIBED AREA CONTAINS 16,018 SQUARE FEET OR 0.368 ACRES, MORE OR LESS, INCLUDING THOSE LANDS LOCATED BETW EEN SAID MEANDER LINE AND THE WESTERN SHORELINE OF LAKE WINNEBAGO. ALSO KNOWN AS 44 34 ISLA ND VIEW DRIVE, PARCEL ID 01805930000. ITEM: PUBLIC HEARING: PETITION FOR DIRECT ANNEXATION BY UNANIMOUS APPROVAL – KROMM ANNEXATION FROM THE TOWN OF OSHKOSH, 4434 ISLAND VIEW DRIVE, PARCEL 01805930000 Plan Commission Meeting of November 19, 2024. GENERAL INFORMATION Petitioner/Property Owner: Christine Kromm Action(s) Requested: Christine Kromm is requesting direct annexation (by unanimous approval) of approximately 0.368 acres of land located at 4434 Island View Drive in the Town of Oshkosh. Applicable Ordinance Provisions: Procedures concerning annexations are located within Section 30-360 of the City of Oshkosh Zoning Ordinance as well as within Section 66.0217 of the Wisconsin State Statutes. Property Location and Background Information: The property is located on the east side of Island View Drive approximately 400 feet south of Sunnyview Road and fronts the west shoreline of Lake Winnebago. The property contains a single- family house with attached 2-car garage. The petitioner is requesting to annex to enable a connection to City water. The existing well serving the house has failed and the owner has chosen to annex to the city versus constructing a replacement well. The Common Council approved an Annexation Agreement (Res. 24-534) which allowed the owner to connect to City water prior to officially annexing to the City to shorten the delay of restoring water to her house. The agreement stipulates that the owner will follow through with the annexation after connecting to City water. The house is currently connected to sanitary sewer owned by the Island View Sanitary District. The property currently has a Town of Oshkosh Rural Residential District (R-1). The surrounding area is made up exclusively of single-family uses with most of the houses being located within the City limits. The property will be annexed with temporary and permanent zonings of Single Family Residential-5 (SR-5), which is consistent with the adjacent City zoning and Comprehensive Plan’s Light Density Residential land use recommendation. Subject Site 2 Subject Site Existing Land Use Zoning Single-Family Residential Rural Residential District (R-1) (Town of Oshkosh) Adjacent Land Use and Zoning Existing Uses Zoning North Single-Family Residential Single Family Residential-5 (SR-5) (City) South Single-Family Residential Single Family Residential-5 (SR-5) (City) East Lake Winnebago N/A West Single-Family Residential Single Family Residential-5 (SR-5) (City) Comprehensive Plan Land Use Recommendation Land Use Comprehensive Plan 2040 Recommendation Light Density Residential ANALYSIS The proposed annexation meets Wisconsin’s statutory requirements for unanimous annexations. The property is adjacent to the City to the north and south, and will eliminate a town island. The State of Wisconsin Department of Administration’s Municipal Boundary Review has reviewed the petition and found the annexation to be in the public interest. 3 The Comprehensive Plan designates this area appropriate for Light Density Residential land uses which is consistent with the proposed Single Family Residential-5 (SR-5) District zoning designation. The Department of Public Works has reviewed the request and reported that the City water main is available along Island View Drive. Sanitary sewer is also located within the Island View Drive right- of-way; however, it is owned by the Island View Sanitary District. The Oshkosh Fire and Police Departments have reviewed the annexation request and do not have any concerns with providing services to this property. RECOMMENDATION/CONDITIONS Staff recommends approval of the Kromm Annexation with temporary and permanent zonings of Single-Family Residential-5 (SR-5) as requested. Plan Commission recommended approval of the requested annexation on November 19, 2024. The following is Plan Commission’s discussion on the item. Site Inspections Report: Ms. Davey reported visiting the site. Staff report accepted as part of the record. Christine Kromm is requesting direct annexation (by unanimous approval) of approximately 0.368 acres of land located at 4434 Island View Drive in the Town of Oshkosh. Mr. Nau presented the items and reviewed the site and surrounding area as well as the land use and zoning classifications in this area. The property is located on the east side of Island View Drive approximately 400 feet south of Sunnyview Road and fronts the west shoreline of Lake Winnebago. The property contains a single-family house with attached 2-car garage. The petitioner is requesting to annex to enable a connection to City water. The existing well serving the house has failed and the owner has chosen to annex to the city versus constructing a replacement well. The Common Council approved an Annexation Agreement (Res. 24-534) which allowed the owner to connect to City water prior to officially annexing to the City to shorten the delay of restoring water to her house. The agreement stipulates that the owner will follow through with the annexation after connecting to City water. The house is currently connected to sanitary sewer owned by the Island View Sanitary District. The property currently has a Town of Oshkosh Rural Residential District (R-1). The surrounding area is almost exclusively single-family in nature. The property will be annexed with temporary and permanent zonings of Single Family Residential-5 (SR-5), which is consistent with the adjacent City zoning and Comprehensive Plan’s Light Density Residential land use recommendation. The proposed annexation meets Wisconsin’s statutory requirements for unanimous annexations. The property is adjacent to the City to the north and south, and will eliminate a town island. The State of Wisconsin Department of Administration’s Municipal Boundary Review has reviewed the petition and found the annexation to be in the public interest. 4 The Department of Public Works has reviewed the request and reported that the City water main is available along Island View Drive. As I recall, I believe the petitioner has obtained plumbing permits to hook up to the water already. The Oshkosh Fire and Police Departments have reviewed the annexation request and do not have any concerns with providing services to this property. Staff recommends approval of the Kromm Annexation with temporary and permanent zonings of Single-Family Residential-5 (SR-5) as requested. Mr. Perry opened up technical questions to staff. Mr. Perry opened the public hearing and asked if the applicant wanted to make any statements. Mr. Perry asked if other members of the public wished to speak. Mr. Perry closed the public hearing. There was no closing statement from the applicant. Motion by Propp to adopt the findings and recommendation as stated in the staff report. Seconded by Davey. Mr. Perry asked if there was any discussion on the motion. Motion carried 8-0. ISLANDVIEW DR 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: 10/23/2024 1 in = 40 ft 1 in = 0.01 mi¯4434 ISLAND VIEW 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 4 ANNEXATION 4434 ISLAND VIEW DR PC: 11-19-2024 ERIK T/JENNIFER A LARSON 4428 ISLAND VIEW DR OSHKOSH WI 54901-1307 NANCY ALBRIGHT JOAN MARTZAHL 4419 ISLAND VIEW DR OSHKOSH WI 54901-1306 RODNEY/ROSEMARIE BUSCH 4440 ISLAND VIEW DR OSHKOSH WI 54901-1307 TERRY C/HEIDI C KRAUSE 4442 ISLAND VIEW DR OSHKOSH WI 54901-1307 CARLISS LAU 300 OAK ST PRESCOTT WI 54021-1700 CHRISTINE KROMM 4434 ISLAND VIEW DR OSHKOSH WI 54901-1307 TOWN OF OSHKOSH 1076 COZY LN OSHKOSH WI 54901-1404 Page 5 I S L A NDVIEW DR SU NNYVIEW RD O s h k o s h C i t y L i m i tOshkosh C i t y L i m i t Oshkosh Oshkosh CityCity Limit Limit Oshkosh City LimitOshkosh City Limit Oshkosh City Limit Oshkosh City Limit J:\GIS\Planning\Plan Commission Site Plan Map Template\2023 Plan Commission Site Plan Map Template.mxd User: katrinam Prepared by: City of Oshkosh, WI Printing Date: 10/23/2024 1 in = 120 ft 1 in = 0.02 mi¯BASE MAP4434 ISLAND VIEW 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 6 NORTH DRNORTH DR TREFFERT DR TREFFERT DR ISLANDVIEWDR CED AR VIEWDR SHAM B E A U D R ZAC HER DR SU N N Y VI E W RD S HER M A N RD SHERMAN RD SHERMAN RD ·YTNUOC"Y ·YTNUOC"A Oshkosh Oshkosh City Limit City Limit Osh k o s h Cit y Li mitOshkosh Cit y Li mit I I MH-9 SR-3 SR-3-LRO SR-5 SR-5-LRO SR-5-LRO SR-5-LRO 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: 10/23/2024 1 in = 500 ft 1 in = 0.09 mi¯ZONING MAP4434 ISLAND VIEW 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 7 I S L A N DVIEW DR SU NNYVIEW RD 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: 10/23/2024 1 in = 100 ft 1 in = 0.02 mi¯AERIAL MAP4434 ISLAND VIEW 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 8 TONY EVERS GOVERNOR KATHY BLUMENFELD SECRETARY Municipal Boundary Review PO Box 1645, Madison WI 53701 Voice (608) 264-6102 Fax (608) 264-6104 Email: wimunicipalboundaryreview@wi.gov Web: http://doa.wi.gov/municipalboundaryreview October 28, 2024 PETITION FILE NO. 14707 DIANE BARTLETT, CLERK CITY OF OSHKOSH PO BOX 1130 OSHKOSH, WI 54903-1130 JEANNETTE MERTEN, CLERK TOWN OF OSHKOSH 1076 COZY LN OSHKOSH, WI 54901-1404 Subject: KROMM ANNEXATION The proposed annexation submitted to our office on October 07, 2024, has been reviewed and found to be in the public interest. In determining whether an annexation is in the public interest, s. 66.0217 (6), Wis. Stats. requires the Department to examine "[t]he shape of the proposed annexation and the homogeneity of the territory with the annexing village or city…." so as, to ensure the resulting boundaries are rational and compact. The statute also requires the Department to consider whether the annexing city or village can provide needed municipal services to the territory. The subject petition is for territory that is reasonably shaped and contiguous to the City of Oshkosh, which is able to provide needed municipal services. Note: ‘of’ is misspelled in line 11 of the legal description. The Department reminds clerks of annexing municipalities of the requirements of s. 66.0217 (9)(a), Wis. Stats., which states: "The clerk of a city or village which has annexed shall file immediately with the secretary of administration a certified copy of the ordinance, certificate and plat, and shall send one copy to each company that provides any utility service in the area that is annexed. The clerk shall record the ordinance with the register of deeds and file a signed copy of the ordinance with the clerk of any affected school district..." State and federal aids based on population and equalized value may be significantly affected through failure to file with the Department of Administration. Please file a copy of your annexing ordinance, including a statement certifying the population of the annexed territory. Please include your MBR number 14707 with your ordinance. Ordinance filing checklist available at http://mds.wi.gov/, click on "Help on How to Submit Municipal Records". Email scanned copy of required materials (color scan maps with color) to mds@wi.gov or mail to: Wisconsin Department of Administration, Municipal Boundary Review, PO Box 1645, Madison WI 53701-1645. The petition file is available for viewing at: http://mds.wi.gov/View/Petition?ID=2781 Please call me at (608) 264-6102, should you have any questions concerning this annexation review. Sincerely, Erich Schmidtke, Municipal Boundary Review cc: petitioner TO :T O :Honorable Mayor and Members of the Common Council FRO M :FRO M :Jim Collins, Director of Transportation D A TE :D A T E :November 26, 2024 SUB JEC T:SUB JEC T :*Ord 24-626 Amend Section 27A-11 of the Municipal Code to Update Parking Regulations on South Main Street Between the Fox River and W. 9th Avenue (Transportation Committee Recommends Approval) B A C KGRO UN DBACKGROUND Part of South Main Street was recently reconstructed to add parking bump-outs. This updates the city's parking regulations accordingly to allow parking in these areas. The Transportation Committee recommends approval (5-0). A N A L Y SI SANALYSIS These parking bump-out areas were added in preparation for the Mill on Main project. FI SC A L I M P A CTFISCAL I M P A C T The fiscal impact of these ordinances is the cost of signage. The signage cost would come out of the Sign Department operational budget. REC O M M E N D A TI ONRECOMMENDATION I recommend that the Common Council approve these modifications to Section 27A-11 and of the Municipal Code pertaining to parking regulations on designated streets and alleys. A t t a chment sAttachments Ord 24-626 11/26/2024 24-626 ORDINANCE   FIRST READING                                 PURPOSE: AMEND SECTION 27A-11 OF THE MUNICIPAL CODE TO UPDATE PARKING REGULATIONS ON SOUTH MAIN STREET BETWEEN THE FOX RIVER AND W. 9TH AVENUE (TRANSPORTATION COMMITTEE RECOMMENDS APPROVAL) INITIATED BY : TRANSPORTATION DEPARTMENT   RECOMMENDATION:    TRANSPORTATION COMMITTEE - APPROVED A GENERAL ORDINANCE OF THE CITY OF OSHKOSH AMENDING SECTION 27A-11 OF THE OSHKOSH MUNICIPAL CODE PERTAINING TO PARKING REGULATIONS ON DESIGNATED STREETS AND ALLEYS     WHEREAS, parking bump outs were constructed on South Main Street between the Fox River and 9th Avenue and the Transportation Committee recommends approval to amend parking regulations on South Main Street to accommodate the bump outs. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of Oshkosh as follows:     SECTION 1. That Section 27A-11 of the Oshkosh Municipal Code pertaining to parking regulations on designated streets and alleys is hereby amended as follows:     A-11    UPDATE PARKING REGULATIONS ON DESIGNATED STREETS AND ALLEYS: South Main Street Delete Therefrom:    No parking, both sides, from Fox River to W. 9th Avenue Add Thereto:             No parking, west side from Fox River to W. 9th Avenue.  No parking, east side, from Fox River to 40’ south of 7th Avenue, and from 180’ south of 7th Avenue to 260’ south of 7th Avenue.         SECTION 2. This ordinance shall be in full force and effect from and after its passage, publication and placement of the appropriate signage.      SECTION 3. Publication Notice.  Please take notice that the City of Oshkosh enacted ordinance #24-XXX on December 10th, 2024 UPDATING PARKING REGULATIONS ON SOUTH MAIN STREET, EAST SIDE BETWEEN THE FOX RIVER AND 2. 9TH AVENUE. (A GENERAL ORDINANCE OF THE CITY OF OSHKOSH AMENDING SECTION 27A-11 OF THE OSHKOSH MUNICIPAL CODE PERTAINING TO PARKING REGULATIONS ON DESIGNATED STREETS AND ALLEYS). The ordinance will amend the parking regulations on the east side of South Main Street near its intersection with 7th Avenue to address newly installed bump out parking areas.     The full text of the ordinance may be obtained at the Office of the City Clerk, 215 Church Ave and through the website at www.oshkoshwi.gov Phone: 920/236-5011.    TO :T O :Honorable Mayor and Members of the Common Council FRO M :FRO M :Jim Collins, Director of Transportation D A TE :D A T E :November 26, 2024 SUB JEC T:SUB JEC T :*Ord 24-627 Amend Section 27A-11 of the Municipal Code to Extend No Parking Regulations on the West Side of Dove Street (Transportation Committee Recommends Approval) B A C KGRO UN DBACKGROUND A resident that lives in this area requested that the no parking area on this street be extended about 100 feet. The resident stated that a number of vehicles are parking here to fish and blocking their driveways, making ingress and egress difficult. The parked cars are also causing issues with garbage collection and mail delivery. A N A L Y SI SANALYSIS This change will reduce the impact of visitor parking on the residence. There is still sufficient on-street parking on this street. B OA RD /COM M I SSI ON I N FORM A TI O NBOARD/C O M M I SSI O N I N FO RM A TI O N The Transportation Committee supports this recommendation (5-0). FI SC A L I M P A CTFISCAL I M P A C T The fiscal impact of this ordinance change is parking signage. REC O M M E N D A TI ONRECOMMENDATION I recommend approval. A t t a chment sAttachments Ord 24-627 11/26/2024 24-627 ORDINANCE   FIRST READING                                 PURPOSE: AMEND SECTION 27A-11 OF THE MUNICIPAL CODE TO EXTEND NO PARKING REGULATIONS ON THE WEST SIDE OF DOVE STREET (TRANSPORTION COMMITTEE APPROVED) INITIATED BY : TRANSPORTATION DEPARTMENT   RECOMMENDATION:    TRANSPORTATION COMMITTEE - APPROVED A GENERAL ORDINANCE OF THE CITY OF OSHKOSH AMENDING SECTION 27A-11 OF THE OSHKOSH MUNICIPAL CODE PERTAINING TO PARKING REGULATIONS ON DESIGNATED STREETS AND ALLEYS     WHEREAS, the Transportation Committee recommends approval to amend parking regulations on Dove Street north of its intersection with Buchanan Avenue.   NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of Oshkosh as follows:       SECTION 1. That Section 27A-11 of the Oshkosh Municipal Code pertaining to parking regulations on designated streets and alleys is hereby amended as follows: A-11    UPDATE PARKING REGULATIONS ON DESIGNATED STREETS AND ALLEYS: Dove Street Delete Therefrom:   No parking, both sides, from 327 feet north of Buchanan Avenue to its northern terminus.   Add Thereto:           No parking, west side from 243’ north of Buchanan Avenue to its northern terminus.                                   No parking, east side from 327 feet north of Buchanan Avenue to its northern terminus.       SECTION 2. This ordinance shall be in full force and effect from and after its passage, publication and placement of the appropriate signage.      SECTION 3. Publication Notice.  Please take notice that the City of Oshkosh enacted ordinance #24-XXX AMEND SECTION 27A-11 OF THE MUNICIPAL CODE TO EXTEND NO PARKING REGULATIONS ON THE WEST SIDE OF DOVE STREET (A GENERAL ORDINANCE OF THE CITY OF OSHKOSH AMENDING SECTION 27A-11 OF THE OSHKOSH MUNICIPAL CODE PERTAINING TO PARKING REGULATIONS ON DESIGNATED STREETS AND ALLEYS). The ordinance will extend the no parking area on the west side of Dove Street north of its intersection with Buchanan Avenue.     The full text of the ordinance may be obtained at the Office of the City Clerk, 215 Church Ave and through the website at www.oshkoshwi.gov Phone: 920/236-5011.    TO :T O :Honorable Mayor and Members of the Common Council FRO M :FRO M :Jim Collins, Director of Transportation D A TE :D A T E :November 26, 2024 SUB JEC T:SUB JEC T :*Ord 24-628 Amend Section 27-14 of the Municipal Code Truck Routes Designated (Transportation Committee Recommends Approval) B A C KGRO UN DBACKGROUND The city engaged KL Engineering to study the city's truck routes at the request of the BID. KL presented the study and its recommendations at the June 11th Transportation Committee meeting. Subsequently, the information was provided to the Common Council with a request for direction. The council requested that these recommendations be considered together and that residents of South Park Avenue be noticed of the potential addition of South Park Avenue as a designated truck route from Ohio Street to Main Street and be given a chance to comment. Notice was sent to all affected property owners and no comments were received. The Transportation Committee previously recommended these changes be implemented. We did receive some feedback from a resident on Jackson Street concerned that no longer offering North Main Street as a truck route may increase truck traffic on Jackson Street. KL and staff believe there would be a very minimal impact on Jackson Street as trucks are still allowed to take the most direct route to and from their origin and destination and most already avoid N. Main Street. KL's presentation is included for your reference. A N A L Y SI SANALYSIS The stakeholder groups that participated in the truck route study and the BID strongly support these changes. B OA RD /COM M I SSI ON I N FORM A TI O NBOARD/C O M M I SSI O N I N FO RM A TI O N The Transportation Committee supports this recommendation (5-0) FI SC A L I M P A CTFISCAL I M P A C T The fiscal impact of this ordinance change is administrative changes to the municipal code. REC O M M E N D A TI ONRECOMMENDATION I recommend approval following the recommendations of KL Engineering, the stakeholder group, the BID and the Transportation Committee. A t t a chment sAttachments Ord 24-628 Truck Route Presentation 11/26/2024 24-628 ORDINANCE   FIRST READING                                 PURPOSE: AMEND SECTION 27-14 OF THE MUNICIPAL CODE TRUCK ROUTES DESIGNATED  INITIATED BY : TRANSPORTATION DEPARTMENT   RECOMMENDATION:    TRANSPORTATION COMMITTEE - APPROVED   A GENERAL ORDINANCE OF THE CITY OF OSHKOSH AMENDING SECTION 27-14 OF THE OSHKOSH MUNICIPAL CODE PERTAINING TO TRUCK ROUTES DESIGNATED     WHEREAS, the Transportation Committee recommends approval to amend truck routes designated removing the designation from North Main Street from Algoma Blvd. to Irving Avenue and adding the designation on South Park Avenue from Ohio Street to South Main Street.  NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of Oshkosh as follows:     SECTION 1. That Section 27-14 of the Oshkosh Municipal Code pertaining to truck routes designated is hereby amended as follows: A-14    TRUCK ROUTES DESIGNATED Delete Therefrom:      Main Street – Fond du Lac Avenue to New York Avenue Add Thereto:              Main Street – Fond du Lac Avenue to Algoma Blvd.                                    Main Street – Irving Avenue to New York Avenue Delete Therefrom:     South Park Avenue (Highway 44) – Ohio Street to west city limits Add Thereto:             South Park Avenue (Highway 44) – South Main Street to west city limits.         SECTION 2. This ordinance shall be in full force and effect from and after its passage, publication and placement of the appropriate signage.      SECTION 3. Publication Notice.  Please take notice that the City of Oshkosh enacted ordinance #24-XXX AMEND SECTION 27-14 OF THE MUNICIPAL CODE TRUCK ROUTES DESIGNATED (A GENERAL ORDINANCE OF THE CITY OF OSHKOSH AMENDING SECTION 27A-14 OF THE OSHKOSH MUNICIPAL CODE PERTAINING TO TRUCK ROUTES DESIGNATED) on December 10th, 2024 removing the truck route designation from North Main Street between Algoma Blvd and Irving Avenue and adding the designation on South Park Avenue from Ohio Street to South Main Street.     The full text of the ordinance may be obtained at the Office of the City Clerk, 215 Church Ave and through the website at www.oshkoshwi.gov Phone: 920/236-5011.    OSHKOSH DESIGNATED TRUCK ROUTE STUDY JULY 23RD, 2024 CITY COUNCIL MEETING STUDY AR EA AND PURPOSE •Study impacts/benefits of re-routing how trucks travel through downtown Oshkosh •Goal #1 -- Promote walkability & accessibility in key areas •Goal #2 -- Planning for future re-development •Designate potential routing changes for truck movements and WisDOT highways CITY STAFF •Jim Collins – Director of Transportation •James Rabe – Director of Public Works •Kelly Nieforth – Director of Community Development •Justin Gierach – City Engineer KL PROJECT TEAM •Mike Scarmon – Project Manager •Brad Domasky – Design Engineer •Jamie Dalheim – Traffic Engineer STAKEHOLDER S •Oshkosh BID •Oshkosh Chamber of Commerce •Greater Oshkosh Economic Development Corp •Oshkosh Corp •Kitz and Pfeil •Oshkosh Convention and Visitors Bureau •Amcor •Leach Amphitheater •Blended Waxes •Sadoff Iron and Metal Company •Valley Express WHY RE -ROUT E TR UCKS? P R O M O T I N G D O W N T O W N B U S I N E S S E S & A M E N I T I E S R O U T I N G T R U C K S T O M O R E A P P R O P R I A T E A R E A S BENEFITS OF RE -ROUT ING -BUS INES SES •More walkable Main Street •Less noise through downtown •Safer for cars, pedestrians, and bicyclists •Re -allocate space for other uses BENEFITS OF RE -ROUT ING - FREIGHT •Avoid the tight spaces (narrow lanes, tight corners, on-street parking) •Safer for cars, pedestrians, and bicyclists STUDY METHODOLOGY •Matrix Approach to Route Removal and Addition •Evaluation Criteria (15) •Extra Travel Required (Distance and Time) •Stop Density per mile (Traffic Signal Stops and Stop Signs) •Intersection Density per mile •Additional Turns/Turning Difficulty •Adjacent Land Use •Number of Lanes •Crash History •Traffic Volumes •Pavement Type and Condition •Pedestrian Crossing Density per mile •Alignment with City Plans/Concepts •Project Improvement Cost •Stakeholder Support EXIST ING TR UCK ROUTES •Main St •Oregon St/Jackson St •Ohio St/Wisconsin St •Bowen St •9th Ave •Ceape Ave •Otter Ave •High Ave •Algoma Blvd •Irving Ave R O U T E S E V A L U AT E D - R E M O V I N G •5 Segments •Main St •High Ave/Algoma Blvd •Irving Ave R O U T E S E V A L U AT E D - A D D I N G •9 Segments •South Park Ave •Pearl Ave •6th Ave •Irving Ave •Union Ave •Church Ave •Algoma Blvd/High Ave R E C O M M E N D AT I O N S - T R U C K R O U T E S •Phased Approach •Phase 1 •Implement in Near-Term •Add South Park Ave •Remove Main St R E C O M M E N D AT I O N S - T R U C K R O U T E S •Phased Approach •Phase 2 •Implement in Future •Add Irving Ave •Remove Algoma Blvd /High Ave C O N N E C T I N G H I G H WAY S •Importance of Connecting Highways •Connection with Truck Routes NEXT STEPS •Complete report and final recommendations – August 2024 •Update City Ordinances as needed – August/September 2024 •Dates are subject to change! CONTACTS Jim Collins jcollins@oshkoshwi.gov Mike Scarmon Mike.Scarmon@klengineering.com Brad Domasky Brad.Domasky@klengineering.com ANY QUESTIONS? 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 :November 26, 2024 SUB JEC T:SUB JEC T :*Ord 24-629 Amend Section 27-35 and Appendix 27B of the Oshkosh Municipal Code Pertaining to Parking Regulations Within City-Owned Parking Lots in Relation to the Construction of the New East 9th Avenue Parking Lot (Transportation Committee Recommends Approval) B A C KGRO UN DBACKGROUND The City constructed a new public parking lot in connection with the Sawdust District Plan which includes the T. Wall development and Riverwalk Extension. A N A L Y SI SANALYSIS The new parking lot in the area of East 9th Avenue needs to be added to the municipal code. At this time staff proposed and that the new parking stalls will be free with no time restriction other than overnight (2-5 a.m.). B OA RD /COM M I SSI ON I N FORM A TI O NBOARD/C O M M I SSI O N I N FO RM A TI O N The Transportation Committee supports this recommendation (5-0). FI SC A L I M P A CTFISCAL I M P A C T The fiscal impact of this ordinance change is parking signage. REC O M M E N D A TI ONRECOMMENDATION I recommend approval of the ordinance. A t t a chment sAttachments Ord 24-629 P-19 East 9th Map 11/26/2024 24-629 ORDINANCE   FIRST READING                                 PURPOSE: AMEND SECTION 27-35 AND APPENDIX 27B OF THE OSHKOSH MUNICIPAL CODE PERTAINING TO PARKING REGULATIONS WITHIN CITY OWNED PARKING LOTS IN RELATION TO THE CONSTRUCTION OF THE NEW EAST 9TH AVENUE PARKING LOT (TRANSPORTATION COMMITTEE RECOMMENDS APPROVAL) INITIATED BY : TRANSPORTATION DEPARTMENT   RECOMMENDATION:    TRANSPORTATION COMMITTEE – APPROVED A GENERAL ORDINANCE OF THE CITY OF OSHKOSH AMENDING SECTION 27-35 OF THE MUNICIPAL CODE PERTAINING TO MUNICIPAL PARKING LOTS TO ADD NEWLY CONSTRUCTED CITY EAST 9TH AVENUE PARKING LOT TO LISTING OF CITY PARKING LOTS AND ADOPT MAP AND ASSOCIATED REGULATIONS FOR THIS LOT WITHIN APPENDIX 27B OF THE MUNICIPAL CODE     WHEREAS, a new city parking lot was constructed on East 9th Avenue which requires the City’s Municipal Code to be updated to establish parking regulations and designate parking stalls for that parking lot. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of Oshkosh as follows:     SECTION 1. Section 27-35 pertaining to Municipal Parking Lots is hereby amended to add the East 9th Parking lot.     SECTION 2. The attached map and parking regulations designated there on are hereby adopted and added to Appendix B of Chapter 27 of the City of Oshkosh Municipal Code.     SECTION 3. This ordinance shall be in full force and effect from and after its passage, publication and placement of the appropriate signage.  SECTION 4.  Publication Notice.  Please take notice that the City of Oshkosh enacted ordinance #24-XXX on December 10th AMEND SECTION 27-35 AND APPENDIX 27B OF THE OSHKOSH MUNICIPAL CODE PERTAINING TO PARKING REGULATIONS WITHIN CITY OWNED PARKING LOTS IN RELATION TO THE CONSTRUCTION OF THE NEW EAST 9TH AVENUE PARKING LOT (A GENERAL ORDINANCE OF THE CITY OF OSHKOSH AMENDING SECTION 27-35 OF THE MUNICIPAL CODE PERTAINING TO MUNICIPAL PARKING LOTS TO ADD NEWLY CONSTRUCTED CITY EAST 9TH AVENUE PARKING LOT TO LISTING OF CITY PARKING LOTS AND ADOPT MAP AND ASSOCIATED REGULATIONS FOR THIS LOT WITHIN APPENDIX 27B OF THE MUNICIPAL CODE).  The ordinance adds the new East 9th Avenue parking lot and associated regulations to the municipal code.   The full text of the ordinance may be obtained at the Office of the City Clerk, 215 Church Avenue and through the City’s website at www.oshkoshwi.gov. Clerk’s phone: 920/236-5011.    TO :T O :Honorable Mayor and Members of the Common Council FRO M :FRO M :Lynn Lorenson, City Attorney D A TE :D A T E :November 26, 2024 SUB JEC T:SUB JEC T :*Ord 24-630 Amend Portions of Chapter 4 of the City of Oshkosh Municipal Code Pertaining to Alcohol Beverages -- License Investigations, Granting and Issuance of Premises and Operator's Licenses B A C KGRO UN DBACKGROUND The State of Wisconsin updated significant portions of the Wisconsin Statutes pertaining to Alcohol Beverage laws. City staff reviewed the changes and worked with outside counsel from the law firm of Ogden, Glazer and Schaefer, LLC who specialize in alcohol beverage regulations. Based on the review of our current codes it is recommended that the City update and clarify current code provisions pertaining to license investigations and to the granting and issuance of premises and operator's licenses. The Department of Revenue issued draft guidance on November 6th that staff is currently reviewing and which may necessitate or advise additional changes, particularly in relation to Full Service Retail outlets. However at this time, staff is recommending the current changes to give the City a clear process and starting point. If additional changes or modifications are required when the guidance and final rules are issued, staff would follow up with those after further review. A N A L Y SI SANALYSIS A working group comprised of staff from the City Attorney's office, City Clerk's office, Police Department, Fire Department, Planning Services Division, Parks Department and the City Manager and outside counsel met on several occasions to review the new state statutes and discuss the city's current processes and procedures. In many cases the updates are simply adding current practices more explicitly into the Municipal Code. One change that is not currently referenced in the alcohol beverage sections of the Municipal Code but does currently occur when a new business is established under the provisions of Chapter 30 of the Zoning Code is a review by the Planning Services Division. Due to changes in the state statutes pertaining to state licensing of Full Service Retail outlets, it is being recommended to municipalities to include a reference to zoning compliance within the alcohol beverage portions of your municipal code. As noted above, we continue to await some additional guidance from the State in this regard, however, because municipalities are starting to see these applications coming at this point, staff is recommending the changes to the code at this time. If additional clarifications are needed based on future guidance we will bring those forward as may be necessary. A redlined and annotated version of the current code is attached to this memorandum which notes the specific changes being recommended and the basis for those changes. Staff is grateful to outside counsel from the Ogden, Glazer and Schaefer law firm who provided expertise in this complex area of law and a perspective from an applicant's potential view to our discussions to assure that staff was working within the law and in a manner that would not be burdensome to applicants. FI SC A L I M P A CTFISCAL I M P A C T It is difficult to estimate a fiscal impact from the proposed revisions in this case. Many reflect current processes and therefore staff believes at this point that there may be no or minimal impact. REC O M M E N D A TI ONRECOMMENDATION It is recommended that the Council approve the proposed amendments to Chapter 4 Pertaining to Alcohol Beverages -- License Investigations, Granting and Issuance of Premises and Operator's Licenses. A t t a chment sAttachments Ord 24-630 Chapter 4 updates - clean Chapter 4 Updates - redline 11/26/2024 24-630 ORDINANCE   FIRST READING                                 PURPOSE: AMEND PORTIONS OF CHAPTER 4 OF THE CITY OF OSHKOSH MUNICIPAL CODE PERTAINING TO ALCOHOL BEVERAGES – LICENSE INVESTIGATIONS, GRANTING AND ISSUANCE OF PREMISES AND OPERATOR’S LICENSES INITIATED BY : CITY ADMINISTRATION   A GENERAL ORDINANCE OF THE CITY OF OSHKOSH PORTIONS OF CHAPTER 4 OF THE CITY OF OSHKOSH MUNICIPAL CODE PERTAINING TO ALCOHOL BEVERAGES – LICENSE INVESTIGATIONS, GRANTING AND ISSUANCE OF PREMISES AND OPERATOR’S LICENSES TO UPDATE LANGUAGE IN RESPONSE TO UPDATED STATE OF WISCONSIN ALCOHOL BEVERAGE LAWS     WHEREAS, the State of Wisconsin updated significant portions of the Wisconsin Statutes pertaining to Alcohol Beverage laws; and      WHEREAS, staff from the City Attorney’s office, City Clerk’s office, Police Department, Fire Department, Planning Services Division, Parks Department and the City Manager and outside counsel reviewed the City’s current codes and recommends the following updates to the City’s Municipal Code. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of Oshkosh as follows:     SECTION 1. That Sections 4-3, 4-4, 4-5, 4-16, and 4-17.2 of the City of Oshkosh Municipal Code pertaining to premises licenses and operator licenses are hereby repealed and recreated to read as shown on the attachment to this Ordinance.     SECTION 2. That Section 4-10 of the City of Oshkosh Municipal Code pertaining to Health Rules is hereby repealed.     SECTION 3. This ordinance shall be in full force and effect from and after its passage and publication.     SECTION 4.  Publication Notice.  Please take notice that the City of Oshkosh enacted ordinance #24-XXX AMEND PORTIONS OF CHAPTER 4 OF THE CITY OF OSHKOSH MUNICIPAL CODE PERTAINING TO ALCOHOL BEVERAGES – LICENSE INVESTIGATIONS, GRANTING AND ISSUANCE OF PREMISES AND OPERATOR’S LICENSES (A GENERAL ORDINANCE OF THE CITY OF OSHKOSH PORTIONS OF CHAPTER 4 OF THE CITY OF OSHKOSH MUNICIPAL CODE PERTAINING TO ALCOHOL BEVERAGES – LICENSE INVESTIGATIONS, GRANTING AND ISSUANCE OF PREMISES AND OPERATOR’S LICENSES TO UPDATE LANGUAGE IN RESPONSE TO UPDATED STATE OF WISCONSIN ALCOHOL BEVERAGE LAWS) ON December 10, 2024.  This ordinance updates the provisions pertaining to review, granting and issuance of alcohol beverage licenses to clarify current provisions and explicitly set forth additional details in the current processes within the provisions of the municipal code.  In addition, the revisions specifically require applicants to be truthful in their applications and includes a requirement that applications for new licenses be reviewed for zoning compliance and renewals be reviewed only for additions or changes to the property or use in relation to zoning compliance. The provisions for appeal to council of any license conditions are clarified. 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 4-3 APPLICATION FOR LICENSED PREMISES (A)Form Applications for a premises license to sell or deal in intoxicating liquor shall be made in writing on the form prescribed by law, and shall be sworn to by the applicant, as provided within chapter 125 of the Wisconsin Statutes, and shall be filed with the City Clerk not less than fifteen (15) days prior to the granting of such license. In addition, the Council may require the filing of additional information for new premises licenses as the Council may determine necessary to determine the appropriateness of the location for the proposed licensed premises, the potential economic impact of the proposed premises, the record of the applicant in operating a licensed premises or other business and the potential impact of the proposed license premises on the surrounding neighborhood and community as a whole. (B)Time for Filing All renewal applications for licenses will be issued on July 1st of any year and all original applications for such licenses to be issued on July 1st of any year shall be executed and filed with the City Clerk not later than April 15th preceding to ensure timely granting and issuance on or before July 1st. (C)Payment of License Fee No license for the sale of alcohol beverages may be delivered to the applicant until the applicant files with the City Clerk a receipt showing payment of the prescribed license fee to the Treasurer. The applicant shall pay the prescribed license fee at least fifteen (15) days prior to the date the license is to be issued. (D)Proof of Seller’s Permit Applications shall be accompanied by proof of application for or a copy of the applicant’s current Wisconsin State Seller’s permit. If the application is accompanied by an application for the seller’s permit the license may be conditionally granted to the applicant and a copy of a current permit must be provided to the City Clerk’s office prior to the issuance of the license. (E)Publication Said application shall be accompanied by the cost of the publication in the amount as provided for within chapter 125 of the Wisconsin Statutes. Prior to the granting of such license notice of the application shall be published in the official newspaper at least three (3) times successively. Such publication shall include the name and address of the applicant, and kind of license applied for, and the location of the premises to be licensed. (F) All matters submitted to the City or the State by any applicant or licensee shall be true. It is a violation of this Chapter to submit any untrue statement or information to the City or State in relation to a license or permit application or in relation to the operation of a licensed or permitted premises. Every application for license or permit issued under this Chapter shall contain information to the effect that the provision of false information may result in non-issuance, suspension, revocation, or non-renewal of a license or permit as well as issuance of a citation for forfeiture. SECTION 4-4 LICENSE INVESTIGATION AND APPROVAL (A)Investigation by Officials The City Clerk shall notify the Chief of Police, the Winnebago County Health Department, the Planning Services Division, and the Chief of the Fire Department of each application, and these officials shall inspect or cause to be inspected each applicant’s qualifications and the premises to determine whether the applicant and the premises sought to be licensed comply with the regulations, ordinances, and laws applicable thereto, as follows: (1) The Chief of Police shall review the applicant’s history of police contacts, if any, and may make a recommendation to refuse a license to any person who the Chief has determined has been convicted of any felony, misdemeanor or ordinance offense(s) the circumstances of which substantially relate to the licensed activity pursuant to §111.335 Wis. Stats. In the case of new license applications, the Police Chief may also make recommendation concerning the appropriateness of the proposed location and premises for matters including but not limited to, whether the proposed location of the premises or proposed construction of the premises or operation thereof would potentially create a public or private nuisance, neighborhood problems such as unreasonably loud noise, parking issues or congestion. (2) The Winnebago County Health Department shall inspect the applicant’s premises for compliance with all applicable health codes and required licensing including but not limited to the Wisconsin Food Code. Applicant’s must be in compliance with all applicable health codes prior to issuance of a license under this Chapter. Applicant’s must maintain compliance with all applicable health codes during each license year. (3) The Fire Chief shall inspect the applicant’s premises for compliance with all applicable fire codes, including specifically the requirements of the State of Wisconsin Fire Code SPS 314. Applicant’s must be in compliance with all applicable fire codes prior to issuance of a license under this Chapter. Applicant’s must maintain compliance with all applicable fire codes during each license year. (4) The Planning Services Division shall review the application for any new proposed premises for compliance with the location requirements of §125.68(3) Wis. Stats. as well as in relation to the zoning classification together with the surrounding land uses and may make a recommendation concerning the appropriateness of the proposed location and premises for matters including but not limited to, whether the proposed location of the premises or proposed construction of the premises or operation thereof would potentially create a public or private nuisance, neighborhood problems such as unreasonably loud noise, parking issues or congestion. For existing licenses, the Planning Services Division shall review the licensed premises for any changes to the property, premises or operation for continued compliance with applicable zoning requirements. Any of these officials may designate an employee of their offices to provide the requested information, however, the official shall be responsible for the information provided by any employee so designated. These officials shall each file with the City Clerk, the information derived from such investigation accompanied by a recommendation as to whether a license should be granted, conditionally granted or denied. If the recommendation is to conditionally grant the license, a written explanation shall be provided to the City Clerk’s office who shall provide such explanation to the applicant. If the recommendation is to conditionally grant the license, based upon items noted in the investigations which are deemed reasonably correctable by the inspecting official, the City Clerk may forward the license for approval by Council and approval by the Council shall be conditioned upon correction of any conditions noted in the written explanation provided to the City Clerk. If the recommendation is to deny the license, a written explanation shall be provided to the City Clerk’s office who shall provide such explanation to the Council and the applicant. (B)Approval by Council The City Council may, upon the applicant's completion of all prescribed procedures, grant conditionally grant, or deny the license. If the Council decides not to grant a new license under this Chapter, it shall notify the applicant in writing of the decision and the reason(s) therefore pursuant to Section 125.12 of the Wisconsin Statutes. Nonrenewal of licenses shall be governed by the provisions of Section 125.12 of the Wisconsin Statutes. (C)Appearance before Council Unless notified otherwise, all applicants for the license need not appear in person before the City Council provided a completed questionnaire is presented to the Council with the requisite application. SECTION 4-5 GRANTING AND ISSUANCE OF LICENSE Opportunity shall be given by the Common Council to any person to be heard for or against the granting of any license. Upon the approval of the applicant by the Common Council, the City Clerk shall issue to the applicant a license. If a license has been conditionally approved, the City Clerk shall issue to the applicant a license only upon proof of compliance with all conditions. Each license shall be numbered in the order in which issued, and shall state the premises for which issued, the date of issuance, the fee paid, and the name of the licensee. Upon the approval of the applicant by the Common Council, the City Clerk shall issue to the applicant a license except as follows: (A) For any premises for which items were identified under section 4-4 above until all conditions have been corrected and verified by reinspection by the Department identifying the condition. Upon correction of any conditions noted, the official shall provide notice to the City Clerk as soon as reasonably practical of the satisfaction of the conditions, and upon correction of all applicable conditions, the City Clerk may proceed to issue the license. Any applicant refused a license due to conditions or aggrieved by any condition may request appeal of the condition by the Common Council by filing a written request for appeal with the City Clerk. The appeal shall be scheduled before the Common Council as provided in this section. (B) Unpaid Taxes, Assessments or Special Charges. 1)Premises. a) For any premises for which taxes, assessments, or special charges are delinquent and unpaid. i. This subsection 1) shall not apply to prohibit the issuance of a license for any premises if: a. the unpaid taxes, assessments or special charges were levied against the premises; and b. the license is necessary for the conduct of business on the premises by a lessee of the premises; and c. the licensee and owner have no immediate or extended family, business, or financial relationship with one another other than as landlord and tenant. b) For any premises for which a conditional approval of the granting of the license has been issued and for which written proof of fulfillment or completion of the conditions has not been provided to the City Clerk’s office. 2)Persons. a) To any person who is delinquent in the payment of taxes, assessments or special charges related to the business or property for which the license or permit is sought. b) To any applicant for a Class “A” or Class “B” license who has an indebtedness for fermented malt beverages outstanding for more than 15 days or to any applicant for an intoxicating liquor or retail license or permit who has an indebtedness for intoxicating liquor outstanding for more than 30 days. c) To any person who has not provided a copy of their current State of Wisconsin Seller’s Permit d) To any person for which a conditional approval of the granting of the license has been issued and for which written proof of fulfillment or completion of the conditions has not been provided to the City Clerk’s office. Upon issuance of the license, the City Clerk shall remit the license fee to the City Treasurer who shall transfer said fee to the General City Fund. The full license fee shall be charged except as specifically provided for within this ordinance or by statute. (3) Appeal from determinations of the Finance Director. Alleged errors in the determination of non-issuance of the license based upon delinquent or unpaid taxes, assessments or special charges may be appealed to the Finance Director within 5 days of notice of the non-issuance of the license or permit. The Finance Director shall issue a notice setting forth a date and time for hearing on the matter, not less than three (3) days nor more than fifteen (15) days after the date of the notice of hearing. At the hearing, the complainant and a representative of the City may be represented by counsel, may present evidence and call and examine witnesses and cross examine witnesses of another party. Such witnesses shall be sworn or affirmed by the person conducting the hearing. The Finance Director shall act as the decision maker. If the Finance Director is unable to so act, a decision maker shall be appointed by the City Manager. A written determination shall be made directing the continued holding of the license or permit or the issuance of such license or permit. Within ten (10) days of the hearing, the written determination shall be mailed to all interested parties and shall be placed on file with the City Clerk by the decision maker. The written decision shall specify the reasons for the decision made. Within ten days of the date of posting of the written decision, any person aggrieved thereby may appeal such decision to the Common Council. Appeals shall be taken by filing a notice of appeal specifying the grounds therefor with the City Clerk. (4) Appeals to Council. On Appeal the Finance Director or other decision maker shall forthwith transmit all papers relating to such appeal to the City Clerk. The Clerk shall give notice of the appeal to the Common Council at its next regular meeting. The Council shall then fix a reasonable time for hearing of the same and give public notice thereof, as well as notice to the parties interested, and shall promptly decide the appeal. Any party to the proceeding as well as any person who may be adversely affected by a decision of the Council may appear at the hearing and may produce witnesses and be represented by counsel. In addition to any other witnesses presented, the council may subpoena and examine such other persons as it may deem necessary for a fair and impartial hearing of the appeal. The Clerk shall swear or affirm all persons testifying before the council in regard to the appeal, and shall maintain a record of all testimony and other evidence as may be presented. The Council may reverse, affirm, or modify the decision of the Finance Director or other decision maker appealed from, and to this end may direct issuance or non- issuance of any license or permit. Within ten (10) days after the decision on any appeal, the City Clerk shall cause due notice thereof in writing to be mailed to all parties to the appeal as well as any other persons who may have appeared therein at their last known post office address. Such notice shall specify the grounds for the decision. Any person aggrieved by the decision of the Common Council on appeal may seek such other legal relief as may be available. ARTICLE IV. OPERATOR'S LICENSES SECTION 4-16 APPLICATION FOR OPERATOR'S LICENSE A written application shall be filed with the City Clerk with such pertinent information as the City Clerk may require. The applicant shall pay the prescribed fee at the time of application. Applications shall be valid for a period of sixty (60) days. All matters submitted to the City or the State by any applicant or licensee shall be true. It is a violation of this Chapter to submit any untrue statement or information to the City or State in relation to a license or permit application or in relation to the operation of a licensed or permitted premises. Every application for license or permit issued under this Chapter shall contain information to the effect that the provision of false information may result in non-issuance, suspension, revocation, or non-renewal of a license or permit as well as issuance of a citation for forfeiture. SECTION 4-17.2 ISSUANCE OF OPERATOR'S LICENSES The Common Council hereby grants to the City Clerk the authority to issue operator’s licenses to persons who have met the requirements contained in this Code and Chapter 125 of the Wisconsin Statutes, as may be amended from time to time. The Chief of Police or the Chief’s designee shall review all applications for operator’s licenses prior to issuance to determine whether the applicant meets all requirements and is a proper person to be the recipient of a license. The Chief of Police shall review the applicant’s history of police contacts, if any, and may make a recommendation to refuse a license to any person who the Chief has determined has been convicted of any felony, misdemeanor or ordinance offense(s) the circumstances of which substantially relate to the licensed activity pursuant to §111.335 Wis. Stats. The Chief of Police or designee shall report their findings and recommendation to the City Clerk whether the license should be granted or denied. Upon completion of the application, recommendation by the Chief of Police or the Chief’s designee to issue the license and payment of the appropriate fee, the City Clerk may issue the operator’s license. If the recommendation of the Chief or Chief’s designee is to deny the license, or the City Clerk determines for non-payment of fee, failure to complete the required responsible beverage server training course, or other reason to deny the license, the City Clerk shall notify the applicant in writing of the decision to deny the license and the reason(s) therefore and informing the applicant that the applicant may request that the license approval be placed upon the council agenda for review and determination by the City Council. Requests for review shall be made in writing, be signed by the applicant, and shall be placed upon the council agenda for review and determination as soon as practicable. If the City Council determines not to issue an operator’s license the Council shall direct that the applicant be notified in writing of the refusal to issue and the reasons for the decision. SECTION 4-3 APPLICATION FOR LICENSED PREMISES (A) Form Applications for a premises license to sell or deal in intoxicating liquor shall be made in writing on the form prescribed by law, and shall be sworn to by the applicant, as provided within chapter 125 of the Wisconsin Statutes, and shall be filed with the City Clerk not less than fifteen (15) days prior to the granting of such license. In addition, the Council may require the filing of additional information for new premises licenses as the Council may determine necessary to determine the appropriateness of the location for the proposed licensed premises, the potential economic impact of the proposed premises, the record of the applicant in operating a licensed premises or other business and the potential impact of the proposed license premises on the surrounding neighborhood and community as a whole. (B) Time for Filing All renewal applications for licenses will be issued on July 1st of any year and all original applications for such licenses to be issued on July 1st of any year shall be executed and filed with the City Clerk not later than April 15th preceding to ensure timely granting and issuance on or before July 1st. (C) Payment of License Fee No license for the sale of alcohol beverages may be delivered to the applicant until the applicant files with the City Clerk a receipt showing payment of the prescribed license fee to the Treasurer. The applicant shall pay the prescribed license fee at least fifteen (15) days prior to the date the license is to be issued. (D) Proof of Seller’s Permit Applications shall be accompanied by proof of application for or a copy of the applicant’s current Wisconsin State Seller’s permit. If the application is accompanied by an application for the seller’s permit the license may be conditionally granted to the applicant and a copy of a current permit must be provided to the City Clerk’s office prior to the issuance of the license. (E) Publication Said application shall be accompanied by the cost of the publication in the amount as provided for within chapter 125 of the Wisconsin Statutes. Prior to the granting of such license notice of the application shall be published in the official newspaper at least three (3) times successively. Such publication shall include the name and address of the applicant, and kind of license applied for, and the location of the premises to be licensed. (F) All matters submitted to the City or the State by any applicant or licensee shall be true. It is a violation of this Chapter to submit any untrue statement or information to the City or State in relation to a license or permit application or in relation to the operation of a Commented [LL1]: Clarifying Title that this is for the Premises license Commented [LL2]: Adding language to address the additional questionnaire that Council has been using to specifically include a reference to it in the ordinance. licensed or permitted premises. Every application for license or permit issued under this Chapter shall contain information to the effect that the provision of false information may result in non-issuance, suspension, revocation, or non-renewal of a license or permit as well as issuance of a citation for forfeiture. SECTION 4-4 LICENSE INVESTIGATION AND APPROVAL (A) Investigation by Officials The City Clerk shall notify the Chief of Police, the Winnebago County Health Department, the Planning Services Division, and the Chief of the Fire Department of each application, and these officials shall inspect or cause to be inspected each applicant’s qualifications and the premises, together with such other investigation as shall be necessary to determine whether the applicant and the premises sought to be licensed comply with the regulations, ordinances, and laws applicable thereto, including those governing sanitation in restaurants, and whether the applicant is a proper person to be the recipient of a licenseas follows: . (1) The Chief of Police shall interview or cause to be interviewed the applicant for purposes of completing the Council Questionnaire review the applicant’s history of police contacts, if any, and may make a recommendation to refuse a license to any person who the Chief has determined has been convicted of any felony, misdemeanor or ordinance offense(s) the circumstances of which substantially relate to the licensed activity pursuant to §111.335 Wis. Stats. In the case of new license applications, the Police Chief may also make recommendation concerning the appropriateness of the proposed location and premises for matters including but not limited to, whether the proposed location of the premises or proposed construction of the premises or operation thereof would potentially create a public or private nuisance, neighborhood problems such as unreasonably loud noise, parking issues or congestion. (2) The Winnebago County Health Department shall inspect the applicant’s premises for compliance with all applicable health codes and required licensing including but not limited to the Wisconsin Food Code. Applicant’s must be in compliance with all applicable health codes prior to issuance of a license under this Chapter. Applicant’s must maintain compliance with all applicable health codes during each license year. (3) The Fire Chief shall inspect the applicant’s premises for compliance with all applicable fire codes, including specifically the requirements of the State of Wisconsin Fire Code SPS 314. Applicant’s must be in compliance with all applicable fire codes prior to issuance of a license under this Chapter. Applicant’s must maintain compliance with all applicable fire codes during each license year. Commented [LL3]: Proposing to put this more explicitly into the ordinances. Commented [LL4]: Adding Planning Services Division for Zoning compliance, particularly under new statutes we must apply same rules to review of FSR establishments licensed by state, so it is important to specifically reference zoning as a requirement for the license approval Commented [LL5]: This section is based on current review done by police department of applications Commented [LL6]: This section is based on County’s Health Department response to inquiry of their current practices Commented [LL7]: This section is based on Fire Department’s current review of applications (4) The Planning Services Division shall review the application for any new proposed premises for compliance with the location requirements of §125.68(3) Wis. Stats. as well as in relation to the zoning classification together with the surrounding land uses and may make a recommendation concerning the appropriateness of the proposed location and premises for matters including but not limited to, whether the proposed location of the premises or proposed construction of the premises or operation thereof would potentially create a public or private nuisance, neighborhood problems such as unreasonably loud noise, parking issues or congestion. For existing licenses, the Planning Services Division shall review the licensed premises for any changes to the property, premises or operation for continued compliance with applicable zoning requirements. Any of these officials may designate an employee of their offices to provide the requested information, however, the official shall be responsible for the information provided by any employee so designated. These officials shall each file with the City Clerk, the information derived from such investigation accompanied by a recommendation as to whether a license should be granted, conditionally granted or denied. If the recommendation is to conditionally grant the license, a written explanation shall be provided to the City Clerk’s office who shall provide such explanation to the applicant. If the recommendation is to conditionally grant the license, based upon items noted in the investigations which are deemed reasonably correctable by the inspecting official, the City Clerk may forward the license for approval by Council and approval by the Council shall be conditioned upon correction of any violations conditions noted in the written explanation provided to the City Clerk. If the recommendation is to deny the license, a written explanation shall be provided to the City Clerk’s office who shall provide such explanation to the Council and the applicant. (B) Approval by Council The City Council may, upon the applicant's completion of all prescribed procedures, grant or conditionally grant, or deny the license. If the Council decides not to grant a new license under this Chapter, it shall notify the applicant in writing of the decision and the reason(s) therefore pursuant to Section 125.12 of the Wisconsin Statutes. Nonrenewal of licenses shall be governed by the provisions of Section 125.12 of the Wisconsin Statutes. (C) Appearance before Council Unless notified otherwise, all applicants for the license need not appear in person before the City Council provided a completed questionnaire is presented to the Council with the requisite application. Commented [LL8]: As noted above, putting in specific provision to require compliance with zoning for new premises as well as opportunity to address issues that they may see from a planning/zoning/neighborhoods perspective SECTION 4-5 GRANTING AND ISSUANCE OF LICENSE Opportunity shall be given by the Common Council to any person to be heard for or against the granting of any license. Upon the approval of the applicant by the Common Council, the City Clerk shall issue to the applicant a license. If a license has been conditionally approved, the City Clerk shall issue to the applicant a license only upon proof of compliance with all conditions. Each license shall be numbered in the order in which issued, and shall state the premises for which issued, the date of issuance, the fee paid, and the name of the licensee. Upon the approval of the applicant by the Common Council, the City Clerk shall issue to the applicant a license except as follows: (A) For any premises for which items were identified under section 4-4 above until all conditions have been corrected and verified by reinspection by the Department identifying the condition. Upon correction of any conditions noted, the official shall provide notice to the City Clerk as soon as reasonably practical of the satisfaction of the conditions, and upon correction of all applicable conditions, the City Clerk may proceed to issue the license. Any applicant refused a license due to conditions or aggrieved by any condition may request appeal of the condition by the Common Council by filing a written request for appeal with the City Clerk. The appeal shall be scheduled before the Common Council as provided in this section. (A)(B) Unpaid Taxes, Assessments or Special Charges. 1) Premises. a) For any premises for which taxes, assessments, or special charges are delinquent and unpaid. i. This subsection 1) shall not apply to prohibit the issuance of a license for any premises if: a. the unpaid taxes, assessments or special charges were levied against the premises; and b. the license is necessary for the conduct of business on the premises by a lessee of the premises; and c. the licensee and owner have no immediate or extended family, business, or financial relationship with one another other than as landlord and tenant. Commented [LL9]: Clarifying ability to issue on satisfaction of conditions. Commented [LL10]: Clarifying that an applicant may appeal from a condition that they feel they actually meet or that is unreasonable. b) For any premises for which a conditional approval of the granting of the license has been issued and for which written proof of fulfillment or completion of the conditions has not been provided to the City Clerk’s office. 2) Persons. a) To any person who is delinquent in the payment of taxes, assessments or special charges related to the business or property for which the license or permit is sought. b) To any applicant for a Class “A” or Class “B” license who has an indebtedness for fermented malt beverages outstanding for more than 15 days or to any applicant for an intoxicating liquor or retail license or permit who has an indebtedness for intoxicating liquor outstanding for more than 30 days. c) To any person who has not provided a copy of their current State of Wisconsin Seller’s Permit d) To any person for which a conditional approval of the granting of the license has been issued and for which written proof of fulfillment or completion of the conditions has not been provided to the City Clerk’s office. Upon issuance of the license, the City Clerk shall remit the license fee to the City Treasurer who shall transfer said fee to the General City Fund. The full license fee shall be charged except as specifically provided for within this ordinance or by statute. (3) Appeal from determinations of the Finance Director. Alleged errors in the determination of non-issuance of the license based upon delinquent or unpaid taxes, assessments or special charges may be appealed to the Finance Director within 5 days of notice of the non-issuance of the license or permit. The Finance Director shall issue a notice setting forth a date and time for hearing on the matter, not less than three (3) days nor more than fifteen (15) days after the date of the notice of hearing. At the hearing, the complainant and a representative of the City may be represented by counsel, may present evidence and call and examine witnesses and cross examine witnesses of another party. Such witnesses shall be sworn or affirmed by the person conducting the hearing. The Finance Director shall act as the decision maker. If the Finance Director is unable to so act, a decision maker shall be appointed by the City Manager. A written determination shall be made directing the continued holding of the license or permit or the issuance of such license or permit. Within ten (10) days of the hearing, the written determination shall be mailed to all interested parties and shall be placed on file with the City Clerk by the decision maker. The written decision shall specify the reasons for the decision made. Within ten days of the date of posting of the written decision, any person aggrieved thereby may appeal such decision to the Common Council. Appeals shall be taken by filing a notice of appeal specifying the grounds therefor with the City Clerk. (4) Appeals to Council. On Appeal the Finance Director or other decision maker shall forthwith transmit all papers relating to such appeal to the City Clerk. The Clerk shall give notice of the appeal to the Common Council at its next regular meeting. The Council shall then fix a reasonable time for hearing of the same and give public notice thereof, as well as notice to the parties interested, and shall promptly decide the appeal. Any party to the proceeding as well as any person who may be adversely affected by a decision of the Council may appear at the hearing and may produce witnesses and be represented by counsel. In addition to any other witnesses presented, the council may subpoena and examine such other persons as it may deem necessary for a fair and impartial hearing of the appeal. The Clerk shall swear or affirm all persons testifying before the council in regard to the appeal, and shall maintain a record of all testimony and other evidence as may be presented. The Council may reverse, affirm, or modify the decision of the Finance Director or other decision maker appealed from, and to this end may direct issuance or non- issuance of any license or permit. Within ten (10) days after the decision on any appeal, the City Clerk shall cause due notice thereof in writing to be mailed to all parties to the appeal as well as any other persons who may have appeared therein at their last known post office address. Such notice shall specify the grounds for the decision. Any person aggrieved by the decision of the Common Council on appeal may seek such other legal relief as may be available. SECTION 4-10 HEALTH RULES Each licensed premises shall have a current Health Permit or Restaurant License. ARTICLE IV. OPERATOR'S LICENSES SECTION 4-16 APPLICATION FOR OPERATOR'S LICENSE Commented [LL11]: Moved up to application review portion of the ordinance. A written application shall be filed with the City Clerk with such pertinent information as the City Clerk may require. The applicant shall pay the prescribed fee at the time of application. Applications shall be valid for a period of sixty (60) days. All matters submitted to the City or the State by any applicant or licensee shall be true. It is a violation of this Chapter to submit any untrue statement or information to the City or State in relation to a license or permit application or in relation to the operation of a licensed or permitted premises. Every application for license or permit issued under this Chapter shall contain information to the effect that the provision of false information may result in non-issuance, suspension, revocation, or non-renewal of a license or permit as well as issuance of a citation for forfeiture. SECTION 4-17.2 ISSUANCE OF OPERATOR'S LICENSES The Common Council hereby grants to the City Clerk the authority to issue operator’s licenses to persons who have met the requirements contained in this Code and Chapter 125 of the Wisconsin Statutes, as may be amended from time to time. The Chief of Police or the Chief’s designee shall review all applications for operator’s licenses prior to issuance to determine whether the applicant meets all requirements and is a proper person to be the recipient of a license. The Chief of Police shall review the applicant’s history of police contacts, if any, and may make a recommendation to refuse a license to any person who the Chief has determined has been convicted of any felony, misdemeanor or ordinance offense(s) the circumstances of which substantially relate to the licensed activity pursuant to §111.335 Wis. Stats. The Chief of Police or designee shall report their findings and recommendation to the City Clerk whether the license should be granted or denied. Upon completion of the application, recommendation by the Chief of Police or the Chief’s designee to issue the license and payment of the appropriate fee, the City Clerk may issue the operator’s license. If the recommendation of the Chief or Chief’s designee is to deny the license, or the City Clerk determines for non-payment of fee, failure to complete the required responsible beverage server training course, or other reason to deny the license, the City Clerk shall notify the applicant in writing of the decision to deny the license and the reason(s) therefore and informing the applicant Commented [LL12]: Proposing to put this more explicitly into the ordinances Commented [LL13]: This section is based on current review done by police department of applications that the applicant may request that the license approval be placed upon the council agenda for review and determination by the City Council. Requests for review shall be made in writing, be signed by the applicant, and shall be placed upon the council agenda for review and determination as soon as practicable. If the City Council determines not to issue an operator’s license the Council shall direct that the applicant be notified in writing of the refusal to issue and the reasons for the decision. TO :T O :Honorable Mayor and Members of the Common Council FRO M :FRO M :Lynn Lorenson, City Attorney D A TE :D A T E :November 26, 2024 SUB JEC T:SUB JEC T :*Ord 24-631 Create Chapter 4 Article III-A Pertaining to Alcohol Beverages - Issuance of Special Class "B" and Special "Class B" Licenses B A C KGRO UN DBACKGROUND At a recent special meeting for the purpose of issuing a Special Class "B" license, the Council questioned whether it was permissible to authorize the City Clerk to issue Special Class "B" and Special "Class B" licenses without the need to bring those licenses to Council for approval. Section 125.17(1) of the Wisconsin Statutes permits a municipality to designate an official authorized to issue Special Class "B" and Special "Class B" Licenses. A N A L Y SI SANALYSIS Staff reviewed the current Municipal Code for the purpose of authorizing the City Clerk to issue Special Class "B" and Special "Class B" licenses. Staff recommends creation of a new section of the Code: to authorize the City Clerk to issue Special Class "B" and Special "Class B" licenses for persons meeting all statutory and ordinance requirements and to set forth an appeal process for persons who might be denied a license or who believe conditions of a license approval by staff through this staff administrative process are unreasonable. This process will allow for quicker issuance of Special Class "B" and Special "Class B" licenses, which will no longer need to wait for formal Council approval. A copy of an annotated redlined version of the proposed ordinance changes and clean copy of the revised ordinance are included with this memorandum. FI SC A L I M P A CTFISCAL I M P A C T The proposed changes allow issuance of Special Class "B" and Special "Class B" licenses directly by the City Clerk. There is some time savings in the preparation of council items, but there is no substantial fiscal impact anticipated from passage of this ordinance. REC O M M E N D A TI ONRECOMMENDATION It is recommended that if Council wishes to delegate this authority to the City Clerk, that the Council approve the proposed amendments to Chapter 4 to Create Chapter 4 Article III-A Pertaining to Alcohol Beverages - Issuance of Special Class "B" and Special "Class B" Licenses. A t t a chment sAttachments Ord 24-631 Chapter 4 - Special Class B Licenses - clean Chapter 4 - Special Class B Licenses - Annotated 11/26/2024 24-631 ORDINANCE   FIRST READING                                 PURPOSE: CREATE CHAPTER 4 ARTICLE III-A PERTAINING TO ALCOHOL BEVERAGES - ISSUANCE OF SPECIAL CLASS “B” AND SPECIAL “CLASS B” LICENSES  INITIATED BY : CITY ADMINISTRATION   A GENERAL ORDINANCE OF THE CITY OF OSHKOSH AUTHORIZING THE CITY CLERK TO ISSUE SPECIAL CLASS “B” AND SPECIAL “CLASS B” LICENSES WITHOUT COUNCIL APPROVAL WHEN APPLICANTS MEET CERTAIN CONDITIONS     WHEREAS, Section 125.17(1) of the Wisconsin Statutes permits a municipality to designate an official authorized to issue Special Class “B” and Special “Class B”  Licenses; and      WHEREAS, Council asked staff to review the statutes and ordinances to determine whether it may be appropriate to authorize the City Clerk to issue Special Class “B” and Special “Class B” licenses without the need to bring those licenses to Council for specific approval; and     WHEREAS, staff reviewed the applicable statutes and ordinances and the current processes for review and issuance of licenses and recommends creation of a new section of the Code to authorize the City Clerk to issue Special Class “B” and Special “Class B” licenses for persons meeting all statutory and ordinance requirements and to set forth an appeal process for persons who might be denied a license or who believe conditions of a license approval by staff through this staff administrative process are unreasonable; and     WHEREAS, passage of this ordinance will allow for quicker issuance of Special Class “B” and Special “Class B” licenses which will no longer need to wait for formal Council approval which may assist applicants.   NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of Oshkosh as follows:     SECTION 1. That Chapter 4 Article III-A of the City of Oshkosh Municipal Code pertaining to the issuance of Special Class “B” and Special “Class B” licenses is hereby created to read as shown on the attachment to this ordinance.      SECTION 2. This ordinance shall be in full force and effect from and after its passage and publication.     SECTION 3. Publication Notice.  Please take notice that the City of Oshkosh enacted ordinance #24-XXX CREATE CHAPTER 4 ARTICLE III-A PERTAINING TO ALCOHOL BEVERAGES - ISSUANCE OF SPECIAL CLASS “B” AND SPECIAL “CLASS B” LICENSES (A GENERAL ORDINANCE OF THE CITY OF OSHKOSH AUTHORIZING THE CITY CLERK TO ISSUE SPECIAL CLASS “B” AND SPECIAL “CLASS B” LICENSES WITHOUT COUNCIL APPROVAL WHEN APPLICANTS MEET CERTAIN CONDITIONS) ON December 10, 2024.  This ordinance authorizes the City Clerk to issue Special Class “B” and Special “Class B” licenses for persons meeting all statutory and ordinance requirements without the need for separate Council approval and sets forth an appeal process for persons who might be denied a license or who believe conditions of a license approval by staff are unreasonable. 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. ARTICLE III - A. ISSUANCE OF SPECIAL CLASS “B” AND SPECIAL “CLASS B” LICENSES SECTION 4-14.2 DEFINITIONS Special Class “B” licenses authorize the sale of fermented malt beverages at a particular picnic or similar gathering, at a meeting of the post, or during a fair conducted by the fair association or agricultural society. Special “Class B” licenses authorize the sale of wine in an original package, container, or bottle or by the glass if the wine is dispensed directly from an original package, container, or bottle at a particular picnic or similar gathering, at a meeting of the post, or during a fair conducted by the fair association or agricultural society. SECTION 4-14.3 APPLICATION FOR SPECIAL CLASS “B” AND “CLASS B” LICENSES Applications for a temporary Special Class “B” and Special “Class B” licenses shall be made in writing on the form prescribed by law, shall be sworn to by the applicant, as provided within chapter 125 of the Wisconsin Statutes, and shall be filed with the City Clerk not less than fifteen (15) days prior to the granting of such license. In addition to the application information, the applicant shall provide the contact information for a Special Event with which they will be working or may be required to fill out a Special Event Application under the provisions of Chapter 5 of this Municipal Code. If the applicant is not associated with a Special Event approved under Chapter 5, the Clerk or Police Chief may require in addition to the application form, the submission of additional information pertaining to the event or proposed use of the license prior to review and recommendation or granting and issuance of the license. Special Class “B” licenses shall only be issued to those entities authorized under §125.26(6) Wis. Stats. Special “Class B” licenses shall only be issued to those entities authorized under §125.51(10) Wis. Stats. The applicant shall pay the prescribed fee at the time of application. All matters submitted to the City or the State by any applicant or licensee shall be true. It is a violation of this Chapter to submit any untrue statement or information to the City or State in relation to a license or permit application or in relation to the operation of a licensed or permitted premises. Every application for license or permit issued under this Chapter shall contain information to the effect that the provision of false information may result in non-issuance, suspension, revocation, or non-renewal of a license or permit as well as issuance of a citation for forfeiture. SECTION 4-14.4 ISSUANCE OF SPECIAL CLASS “B” AND SPECIAL “CLASS B” LICENSES The Common Council hereby grants to the City Clerk the authority to issue Special Class “B” and Special “Class B” Licenses to persons who have met the requirements contained in this Code and Chapter 125 of the Wisconsin Statutes, as may be amended from time to time. The Chief of Police or the Chief’s designee shall review all applications for Special Class “B” and Special “Class B” licenses prior to issuance to determine whether the applicant meets all requirements and is a proper person to be the recipient of a license. The Chief of Police shall review the applicant’s police record, if any, and may make a recommendation to refuse a license to any person who the Chief has determined has been convicted of any felony, misdemeanor or ordinance offense(s) the circumstances of which substantially relate to the licensed activity pursuant to §111.335 Wis. Stats. The City Clerk or Police Chief may designate an employee of their offices to provide the requested information, however, the City Clerk and/or Police Chief shall be responsible for the information provided by any employee so designated. If a Special Event Permit has been approved in connection with the proposed license, upon completion of the application, recommendation by the Chief of Police or the Chief’s designee to issue the license and payment of the appropriate fee, the City Clerk may issue the operator’s license with any conditions noted in the Special Event Permit and/or in the recommendation of the Chief of Police. If a Special Event Permit has not been issued in connection with the proposed license, the Police Chief may make recommendation concerning the appropriateness of the proposed location and premises for matters including but not limited to, whether the proposed location of the premises or proposed configuration of the premises or operation thereof would potentially create a public or private nuisance, neighborhood problems such as unreasonably loud noise, parking issues or congestion and may recommend conditions upon the issuance of the Special Class “B” or Special “Class B” license(s) to address such issues or other issues pertaining to the use of such license, such as measures to be taken to address potential underage consumption, littering, or other nuisance activity associated with the planned event or use of the Special Class “B” or Special “Class B” license. If the applicant agrees to such conditions, upon completion of the application, recommendation by the Chief of Police to issue the license and payment of the appropriate fee, the City Clerk may issue the Special Class “B” or Special “Class B” license with any conditions noted as agreed to by the Police Chief and applicant. If the applicant does not agree with the conditions recommended, the recommendation of the Chief is to deny the license, or the City Clerk determines for non-payment of fee, failure to complete the required responsible beverage server training course, or other reason to deny the license; the City Clerk shall notify the applicant in writing of the decision to deny the license and the reason(s) therefore and inform the applicant that the applicant may request that the license approval be placed upon the council agenda for review and determination by the City Council. Requests for review shall be made in writing, be signed by the applicant, and shall be placed upon the council agenda for review and determination as soon as practicable. If the City Council determines not to issue a license the Council shall direct that the applicant be notified in writing of the refusal to issue and the reasons for the decision. The City Clerk shall submit to the Common Council at least monthly a report of all Special Class “B” and Special “Class B” licenses issued under this section. ARTICLE III - A. ISSUANCE OF SPECIAL CLASS “B” AND SPECIAL “CLASS B” LICENSES SECTION 4-14.2 DEFINITIONS Special Class “B” licenses authorize the sale of fermented malt beverages at a particular picnic or similar gathering, at a meeting of the post, or during a fair conducted by the fair association or agricultural society. Special “Class B” licenses authorize the sale of wine in an original package, container, or bottle or by the glass if the wine is dispensed directly from an original package, container, or bottle at a particular picnic or similar gathering, at a meeting of the post, or during a fair conducted by the fair association or agricultural society. SECTION 4-14.3 APPLICATION FOR SPECIAL CLASS “B” AND “CLASS B” LICENSES Applications for a temporary Special Class “B” and Special “Class B” licenses shall be made in writing on the form prescribed by law, shall be sworn to by the applicant, as provided within chapter 125 of the Wisconsin Statutes, and shall be filed with the City Clerk not less than fifteen (15) days prior to the granting of such license. In addition to the application information, the applicant shall provide the contact information for a Special Event with which they will be working or may be required to fill out a Special Event Application under the provisions of Chapter 5 of this Municipal Code. If the applicant is not associated with a Special Event approved under Chapter 5, the Clerk or Police Chief may require in addition to the application form, the submission of additional information pertaining to the event or proposed use of the license prior to review and recommendation or granting and issuance of the license. Special Class “B” licenses shall only be issued to those entities authorized under §125.26(6) Wis. Stats. Special “Class B” licenses shall only be issued to those entities authorized under §125.51(10) Wis. Stats. The applicant shall pay the prescribed fee at the time of application. All matters submitted to the City or the State by any applicant or licensee shall be true. Commented [LL1]: New Article to permit City Clerk to issue temporary Special Class “B” and Special “Class B” licenses Commented [LL2]: Language to coordinate with Special Events under Chapter 5 of the City Code, when applicable It is a violation of this Chapter to submit any untrue statement or information to the City or State in relation to a license or permit application or in relation to the operation of a licensed or permitted premises. Every application for license or permit issued under this Chapter shall contain information to the effect that the provision of false information may result in non-issuance, suspension, revocation, or non-renewal of a license or permit as well as issuance of a citation for forfeiture. SECTION 4-14.4 ISSUANCE OF SPECIAL CLASS “B” AND SPECIAL “CLASS B” LICENSES The Common Council hereby grants to the City Clerk the authority to issue Special Class “B” and Special “Class B” Licenses to persons who have met the requirements contained in this Code and Chapter 125 of the Wisconsin Statutes, as may be amended from time to time. The Chief of Police or the Chief’s designee shall review all applications for Special Class “B” and Special “Class B” licenses prior to issuance to determine whether the applicant meets all requirements and is a proper person to be the recipient of a license. The Chief of Police shall review the applicant’s police record, if any, and may make a recommendation to refuse a license to any person who the Chief has determined has been convicted of any felony, misdemeanor or ordinance offense(s) the circumstances of which substantially relate to the licensed activity pursuant to §111.335 Wis. Stats. The City Clerk or Police Chief may designate an employee of their offices to provide the requested information, however, the City Clerk and/or Police Chief shall be responsible for the information provided by any employee so designated. If a Special Event Permit has been approved in connection with the proposed license, upon completion of the application, recommendation by the Chief of Police or the Chief’s designee to issue the license and payment of the appropriate fee, the City Clerk may issue the operator’s license with any conditions noted in the Special Event Permit and/or in the recommendation of the Chief of Police. If a Special Event Permit has not been issued in connection with the proposed license, the Police Chief may make recommendation concerning the appropriateness of the proposed location and premises for matters including but not limited to, whether the proposed location of the premises or proposed configuration of the premises or operation thereof would potentially create a public or private nuisance, neighborhood problems such as unreasonably loud noise, parking issues or congestion and may recommend conditions upon the issuance of the Special Class “B” or Special “Class B” license(s) to address such Commented [LL3]: Grant of Authority to City Clerk Commented [LL4]: Requirement for Police Review and approval of issuance of license Commented [LL5]: Issuance when in coordination of Council approved special event issues or other issues pertaining to the use of such license, such as measures to be taken to address potential underage consumption, littering, or other nuisance activity associated with the planned event or use of the Special Class “B” or Special “Class B” license. If the applicant agrees to such conditions, upon completion of the application, recommendation by the Chief of Police to issue the license and payment of the appropriate fee, the City Clerk may issue the Special Class “B” or Special “Class B” license with any conditions noted as agreed to by the Police Chief and applicant. If the applicant does not agree with the conditions recommended, the recommendation of the Chief is to deny the license, or the City Clerk determines for non-payment of fee, failure to complete the required responsible beverage server training course, or other reason to deny the license; the City Clerk shall notify the applicant in writing of the decision to deny the license and the reason(s) therefore and inform the applicant that the applicant may request that the license approval be placed upon the council agenda for review and determination by the City Council. Requests for review shall be made in writing, be signed by the applicant, and shall be placed upon the council agenda for review and determination as soon as practicable. If the City Council determines not to issue a license the Council shall direct that the applicant be notified in writing of the refusal to issue and the reasons for the decision. The City Clerk shall submit to the Common Council at least monthly a report of all Special Class “B” and Special “Class B” licenses issued under this section. Commented [LL6]: Issuance when license is applied for and no council approved Special Event Commented [LL7]: Right of appeal to Council if applicant does not agree with a license condition Commented [LL8]: Requirement for City Clerk to report to Council on licenses issued TO :T O :Honorable Mayor and Members of the Common Council FRO M :FRO M :Dean Smith, Police Chief D A TE :D A T E :November 26, 2024 SUB JEC T:SUB JEC T :Res 24-632 Amend Approved Designated Outdoor Refreshment Area (DORA) for the Downtown Business Improvement District (BID) Area 2024/2025 to Remove City Park Property and Sidewalk Adjoining Opera House Square Park B A C KGRO UN DBACKGROUND The City of Oshkosh does not currently prohibit the consumption of alcohol beverages in city parks and has taken steps in recent years to expand the ability to consume alcohol beverages in the city's downtown area during certain limited times and with certain conditions through the adoption of a Designated Outdoor Refreshment Area (DORA). The Common Council through the DORA has, through March 31, 2025, permitted the carrying of open containers and consumption of alcoholic beverages within the city's North Main Street downtown area on Wednesday through Saturday evenings and on Saturday afternoons. While for the most part the DORA has resulted in minimal additional enforcement and concern in the downtown area, there have been incidents related to the consumption of alcohol beverages, particularly within the Opera House Square Park area, where intoxicated persons have either violated or attempted to violate other ordinances of the City of Oshkosh. Due to the increase in these incidents, businesses in the downtown area and representatives of the Downtown Oshkosh Business Improvement District (BID) have approached the city with concerns pertaining to the unregulated consumption of alcohol beverages within the parks within the downtown area. Staff reviewed the complaints and incidents that have occurred and recommends that action be taken to limit the consumption of alcohol in and around Grand Opera House Park. In addition, staff is concerned that regulating alcohol beverage consumption in a single or certain parks while prohibiting it in others may simply drive the problem from one public location to another. To that end, staff is recommending a temporary prohibition of alcohol beverages at all parks to address the current problems as well as to allow the city to evaluate the effectiveness of this measure and to identify other potential longer-term solutions. While staff supports the prohibition of uncontrolled use of alcohol beverages within the city parks, staff does recommend some limited exceptions for situations with more controlled possession and consumption, specifically in connection with the holiday parade which has already been approved by Council and occurs during the original DORA hours, and in connection with approved Special Events and park facility rentals. A N A L Y SI SANALYSIS Limiting the possession and consumption of alcohol in city parks and in the established DORA district will require two (2) separate actions of the Council: an ordinance to prohibit the possession and consumption of alcohol beverages within city parks and a resolution to modify the approval of the DORA in the downtown area to remove the city parks and the sidewalk area adjacent to Opera House Square Park from the approved areas for carrying and consumption of alcohol. Staff is proposing limited exceptions for the holiday parade which has already been approved by Council and occurs during the original DORA hours, and in connection with approved Special Events and park facility rentals where staff can work with the organizers to address concerns related to control of possession and consumption. REC O M M E N D A TI ONRECOMMENDATION Staff recommends approval of the Resolution modifying the existing DORA to prohibit alcohol possession/consumption in Opera House Square Park and on its' adjoining sidewalks with the noted exceptions. A t t a chment sAttachments RES 24-632 11/26/2024 24-632 RESOLUTION     CARRIED 7-0     PURPOSE: AMEND APPROVED DESIGNATED OUTDOOR REFRESHMENT AREA (DORA) FOR THE DOWNTOWN BUSINESS IMPROVEMENT DISTRICT (BID) AREA 2024/2025 TO REMOVE CITY PARK PROPERTY AND SIDEWALK ADJOINING OPERA HOUSE SQUARE PARK INITIATED BY : OSHKOSH POLICE DEPARTMENT         WHEREAS, the Common Council by Resolution 24-175 adopted on April 9, 2024 approved the creation of a Designated Outdoor Refreshment Area (DORA) to permit the carrying of open containers and consumption of alcoholic beverages within the city’s North Main Street downtown area, during such times and under such conditions as the Council specifically permitted; and     WHEREAS, the DORA District in the downtown area was approved for the period from April 1, 2024 through March 31, 2025.     WHEREAS, the Oshkosh Police Department reports that there have been incidents related to the consumption of alcohol beverages where intoxicated persons have either violated or attempted violate other ordinances of the City of Oshkosh; and     WHEREAS, businesses in the downtown area and representatives of the Downtown Oshkosh Business Improvement District (BID) have approached the city with concerns pertaining to the unregulated consumption of alcohol beverages within the parks within the downtown area; and     WHEREAS, staff recommends a temporary prohibition of alcohol beverages at all parks with limited exceptions for the holiday parade which had already been approved and occurs during the original DORA hours, and in connection with City approved Special Events and park facility rentals.     WHEREAS, the approval of a DORA is an exception to the City’s Municipal Code Provisions and the Council finds that it is reasonable to limit the applicability of the exception in relation to city parks within the previously approved DORA area to address the concerns identified by the Oshkosh Police Department. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that Resolution 24-175 is hereby amended to include the following additional exception to the DORA area: The possession and consumption of open intoxicants shall not be permitted within or upon any city park property included within the DORA boundaries, nor on the public sidewalk areas adjoining Opera House Square Park with the following exceptions: Persons may possess intoxicating liquor and fermented malt beverages within or upon City Park Property and the Sidewalk Adjoining Opera House Square Park:     in connection with the previously approved Special Event for Opera House Square Park Community Tree Lighting and Holiday Parade Event to be held on Thursday, December 5, 2024; 1. within the boundaries of and during the hours of a Special Event which includes a request for alcohol beverages approved under the provisions of Chapter 5 of the City of Oshkosh Municipal Code; 2. in connection with and during the hours rented within the exclusive rental area of a park facility.3. BE IT FURTHER RESOLVED that all other terms and conditions of Resolution 24-175 not specifically amended by this Resolution shall continue in full force and effect through March 31, 2025 as provided in Resolution 24-175.   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 :November 26, 2024 SUB JEC T:SUB JEC T :Res 24-633 Direct City Staff to Excuse Parking Tickets Issued to Early In-Person Voters B A C KGRO UN DBACKGROUND At its November 12, 2024 Council meeting, council gave direction to staff to bring forward a resolution to direct staff to excuse parking tickets that had been issued to early in-person voters at the 19 East Irving Facility. 9 parking tickets were issued during early in-person voting. The Resolution will direct staff to excuse those parking tickets. A t t a chment sAttachments RES 24-633 11/26/2024 24-633 RESOLUTION     CARRIED 6-1     PURPOSE: DIRECT CITY STAFF TO EXCUSE PARKING TICKETS ISSUED TO EARLY IN PERSON VOTERS INITIATED BY : COMMON COUNCIL         WHEREAS, the City of Oshkosh conducted early in person voting for the 2024 Presidential Election at the City facility located at 19 East Irving Avenue; and     WHEREAS, the Presidential Election prompted high voter turnouts for early voting; and     WHEREAS, the 19 East Irving Avenue location has limited onsite parking and is adjacent to a one-way street with limited available parking and voters may have had difficulty finding convenient legal parking places during the period of early voting; and      WHEREAS, the Police Department, in response to various complaints, issued parking tickets to a number of voters who were present to cast their votes; and     WHEREAS, the Council determines that it is appropriate to excuse tickets issued to persons in the immediate area of the 19 East Irving Facility during the period of early voting. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh by the Common Council for the City of Oshkosh has considered all relevant information presented to it in relation to the circumstances surrounding the issuance of parking tickets in the immediate area of 19 East Irving during the period that this City facility was being utilized for early voting and hereby directs city staff to excuse the parking tickets identified below:   Issue Date Issue Time Issue No.Lic Plate State Rec Status Violation Description Fine Location Description 10/29/2024 4:12 PM 203981422 ADY4628 WI CL Prohibited Parking Marked $30 600 Jefferson St 10/30/2024 12:54 PM 203983393 ABC5271 WI CL Prohibited Parking Marked $30 644 Jefferson St 10/30/2024 12:56 PM 203983404 ADM2921 WI CL Prohibited Parking Marked $30 600 Jefferson St 10/30/2024 12:57 PM 203983415 MZ8326 WI CL Prohibited Parking Marked $30 600 Jefferson St 10/30/2024 12:58 PM 203983426 200TAY WI CL Prohibited Parking Marked $30 600 Jefferson St 10/30/2024 12:58 PM 203983430 360ZDP WI CL Prohibited Parking Marked $30 600 Jefferson St 10/30/2024 12:59 PM 203983441 AJN6901 WI CL Prohibited Parking Marked $30 600 Jefferson St 10/30/2024 1:05 PM 203983452 AKN8986 WI OP Prohibited Parking Marked $30 600 Jefferson St 10/30/2024 1:05 PM 203983463 AEV9583 WI CL Prohibited Parking Marked $30 600 Jefferson St 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 :November 26, 2024 SUB JEC T:SUB JEC T :Res 24-634 Approve General Development Plan and Specific Implementation Plan for New Clearwells at 425 Lake Shore Drive (Plan Commission Recommends Approval) B A C KGRO UN DBACKGROUND The subject site is a 9.14-acre property with frontage on Lake Shore Drive, Washington Avenue, Linde Street, and Merritt Avenue. The site is used as the City's water filtration plant and includes several structures and associated paved areas. The surrounding area consists of park land to the north and east, residential uses to the west and south, as well as The Waters banquet hall/yacht club to the south. The 2040 Comprehensive Land Use Plan recommends Community Facility use for the subject site. A N A L Y SI SANALYSIS The applicant is proposing to replace three existing clearwells (buried potable water storage tanks) on the site due to their age and condition. The subject property has served as the location for water supply and treatment facilities since the late 1800s and will continue to be used to supply potable water to the City during and following construction of the Clearwells Replacement Project. The large-scale public utility use of the site is consistent with the Institutional (I) zoning of the property. A Plan Commission workshop was held on October 15, 2024 to discuss the proposed Clearwells Replacement Project. Plan Commissioners voiced concerns primarily related to street frontage landscaping, specifically along Lake Shore Drive, where future improvements are anticipated. Plan Commission was supportive of the proposed clearwell exterior design. A neighborhood meeting was held on October 30, 2024. Neighbors in attendance voiced questions/concerns regarding grade elevation of the new structures, construction traffic and work hours, fencing, exterior building materials, and changes to the landscaping and walking paths related to the future Reimagination of Lake Shore Drive project. The applicant is requesting BSMs related to reduced setbacks, increased front yard fence height, existing lighting, and reduced street frontage landscaping. To offset these requests, the applicant has exceeded the total landscaping point requirement by 10%. The applicant has also provided decorative perimeter fencing for a more attractive appearance than other types of security fencing. The exterior design of the clearwell and pump station buildings have been approved through architectural review by Plan Commission on November 19, 2024. FI SC A L I M P A CTFISCAL I M P A C T Approval of this project would not result in an increase in the assessed property value as the property is exempt. The applicant is anticipating spending approximately $37.4 million on the project. The project was allocated CIP funding in 2021, 2023, 2024, and 2025. 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 with the findings and conditions at 425 Lake Shore Drive on November 19, 2024. Please see the attached staff report and meeting minutes for more information. A t t a chment sAttachments RES 24-634 GDP.SIP - 425 Lake Shore Dr 11/26/2024 24-634 RESOLUTION     CARRIED 6-1     PURPOSE: APPROVE GENERAL DEVELOPMENT PLAN AND SPECIFIC IMPLEMENTATION PLAN FOR NEW CLEARWELLS AT 425 LAKE SHORE DRIVE INITIATED BY : JACOBS ENGINEERING GROUP INC.   PLAN COMMISSION RECOMMENDATION:  Approved         WHEREAS, the Plan Commission finds that the General Development Plan and Specific Implementation Plan for new clearwells at 425 Lake Shore 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 General Development Plan and Specific Implementation Plan for new clearwells at 425 Lake Shore 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 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 Amendment and Specific Implementation Plan for new clearwells at 425 Lake Shore Drive:   Base Standard Modification (BSM) to allow reduced front yard setback along Washington Avenue to 13.2’. 1. BSM to allow reduced street-side setback along Lake Shore Drive to 8.5’. 2. BSM to allow 6’ tall fencing within the front yard.3. BSM to allow increased light pole height for existing light fixtures to 25’.4. BSM to allow increased lighting at the right-of-way line (Lake Shore Drive) to 5.6 fc.5. BSM to allow reduced street frontage landscaping along Washington Avenue to 331.6 points. 6. BSM to allow reduced street frontage landscaping devoted to medium trees along Washington Avenue to 0 points. 7. BSM to allow reduced street frontage landscaping along Lake Shore Drive to 288 points. 8. BSM to allow reduced street frontage landscaping devoted to medium trees along Lake Shore Drive to 0 points. 9. BSM to allow reduced street frontage landscaping devoted to medium trees along Linde Street to 181.5 points. 10. BSM to allow reduced street frontage landscaping along Merritt Avenue to 290.4 points.11. Final landscaping and fencing plans shall be reviewed and approved by the Department of Community Development. 12. Should changes to Lake Shore Drive or the adjoining parkland area impact or change the approved site plan or landscaping plan, the Specific Implementation Plan shall be amended in accordance with the municipal code. 13.   ITEM: GENERAL DEVELOPMENT PLAN AND SPECIFIC IMPLEMENTATION PLAN FOR NEW CLEARWELLS AT 425 LAKE SHORE DRIVE Plan Commission Meeting of November 19, 2024. GENERAL INFORMATION Applicant: Jacobs Engineering Group Inc. Owner: City of Oshkosh Department of Public Works Action(s) Requested: The applicant requests approval of a General Development Plan and Specific Implementation Plan for new clearwells. Applicable Ordinance Provisions: Planned Development standards are found in Section 30-387 of the Zoning Ordinance. Property Location and Background Information: The subject site is a 9.14-acre property with frontage on Lake Shore Drive, Washington Avenue, Linde Street, and Merritt Avenue. The site is used as the City’s water filtration plant and includes several structures and associated paved areas. The surrounding area consists of park land to the north and east, residential uses to the west and south, as well as The Waters banquet hall/yacht club to the south. The 2040 Comprehensive Land Use Plan recommends Community Facility use for the subject site. Subject Site Existing Land Use Zoning Infrastructure I-PD Recognized Neighborhood Organizations Menominee South Adjacent Land Use and Zoning Existing Uses Zoning North Park I South Residential & Commercial SR-9 & UMU-PD East Institutional I West Residential SR-9 Comprehensive Plan Land Use Recommendation Land Use 2040 Comprehensive Land Use Recommendation Community Facility ANALYSIS Use The applicant is proposing to replace three existing clearwells (buried potable water storage tanks) on the site due to their age and condition. The subject property has served as the location for water supply and treatment facilities since the late 1800s and will continue to be used to supply potable water to the City during and following construction of the Clearwells Replacement Project. The large-scale public utility use of the site is consistent with the Institutional (I) zoning of the property. A Plan Commission workshop was held on October 15, 2024 to discuss the proposed Clearwells Replacement Project. Plan Commissioners voiced concerns primarily related to street frontage landscaping, specifically along Lakeshore Drive, where future improvements are anticipated. Plan Commission was supportive of the proposed clearwell exterior design. A neighborhood meeting was held on October 30, 2024. Neighbors in attendance voiced questions/concerns regarding grade elevation of the new structures, construction traffic and work hours, fencing, exterior building materials, and changes to the landscaping and walking paths related to the future Reimagination of Lake Shore Drive project. Site Design The proposed project will include the following major components: - Demolition of three buried clearwells. - Construction of two new at-grade, cast-in-place concrete reservoirs within the former clearwell footprints. - Construction of a new intermediate and high lift pump station to fill the new reservoirs and convey potable water to City Water Utility customers. - Replacement of two existing emergency generators with two new generators, new electrical switchgear, transformers, and automatic transfer switches. - Five additional on-site parking stalls. - Sitework, buried yard piping and utilities, access roads, landscaping, and security fencing. Required Provided Front Setback (south) 30 ft. min. 13.2 ft. Street Side Setback (east) 25 ft. min. 8.5 ft. Street Side Setback (west) 25 ft. min. Existing building Front Setback (north) 30 ft. min. Existing building Building Height 45 ft. max. 29 ft. +/- Parking Min. 16 spaces 17 spaces Impervious Surface 60% max. 52% The proposed building is within the maximum height and impervious surface ratio for the I district and is meeting the minimum parking requirement of one parking space per employee on the largest work shift, plus one space per company vehicle normally parked on the premises, for large scale public utility uses. The applicant is requesting Base Standard Modifications (BSMs) for reduced front yard setback along Washington Avenue to 13.2’ and reduced street-side setback along Lake Shore Drive to 8.5’, where code requires a 30’ front yard setback and 25’ street side setback. According to the applicant, the reduced front yard and street side setback are needed as the applicant will be utilizing the foundations of the existing clearwells. This will reduce costs and maximize use of existing buried process piping and mitigate settlement over the service life of the new structures. The applicant also notes that increasing the setbacks of the clearwell structures would result in the need for taller structures to provided required storage volume. Based on community input, the reservoirs should be as short as possible. Staff is supportive of the setback reductions as the existing site footprint is being utilized and will provide the most efficient and functional use of the property. The site will be surrounded by 6’ tall decorative security fencing. A BSM is needed for the proposed fencing as fencing in front yard areas is limited to a maximum of 4’ in the I district. According to the applicant, the 6’ security fencing is needed to provide security for the site to deter unauthorized people from entering the site. Staff is supportive of the BSM for increased front yard fencing height due to the use of the property which has a need for perimeter security. Image of proposed 6’ tall decorative fencing. Signage No signage plans were included with this request. Lighting The applicant has submitted a photometric plan for the site. The plan includes existing 25’ light poles, which exceed the maximum light fixture height of 23’ for the I district. New wall-mount fixtures and one new light pole at a height of 23’ (20’ pole on 3’ base) are included on the site plan. The new fixtures are within the maximum light fixture mounting height for the I district. Lighting levels for the new parking area meet the 0.4 fc minimum lighting level for parking/drive areas. Staff is recommending a BSM to allow the existing 25’ light poles to remain as the existing poles/fixtures will provide needed lighting for the site. Lighting levels at the public right-of-way are within the maximum of 1.0 fc, with the exception of the area near the entrance gate along Lake Shore Drive. Staff is supportive of a BSM to allow the increased light level to 5.6 fc along the east property line as it is needed for the existing light fixtures to illuminate the gate entrance for surveillance camera operation and security intercom call boxes. This should not have adverse impacts on the surrounding area as it is on the eastern side of the site and does not face residences or businesses. The new light fixtures will need to be full cut-off fixtures and include shielding from residential properties. This will be verified during Site Plan Review. Storm Water Management/Utilities The applicant has been in contact with the Department of Public Works regarding storm water management for the site. Final storm water management plans will be reviewed during the Site Plan Review process. Landscaping Landscaping is required for building foundations, paved areas, street frontage, and yards. Landscape Plan Building Foundation The building foundation landscaping point requirement of 40 landscaping points per 100 linear feet of building foundation is being met for the proposed buildings. The plan is meeting the requirement that 50% of the required points be on the main entrance side of the building and 25% be on the street facing side. Paved Area The paved area requirement of 50 landscaping points per 10 parking stalls or 10,000 sq. ft. of additional paved area is being met. The plan is also meeting the requirement that 30% of all points will be devoted to tall trees and 40% will be devoted to shrubs. Code also requires a deciduous tree at all new parking row ends, which has been provided on the plan. Street Frontage Code requires 100 points per 100 feet of street frontage. The landscaping ordinance also specifies that 50% of the required points must be devoted to medium trees. The point requirement is not being met along Washington Avenue, Lake Shore Drive, and Merritt Avenue. The total point requirement is being met along Linde Street, but the medium tree point requirement is not being met. According to the applicant site difficulties related to structures/pavement, buried piping and electrical duct bank, security fencing, and open space allocated for future facility expansion limit the ability to meet street frontage landscaping requirements. Staff is supportive of BSMs to allow reduced street frontage landscaping as the applicant has limited available area to place the required landscaping points due to placement of pavement/structures near the front property lines as well as security measures that limit the applicant’s ability to install trees. The unique site configuration with four frontages also results in difficulties meeting street frontage point requirements. Yards Code requires 20 landscaping points per 1,000 sq. ft. of gross floor area. The existing yard landscaping points exceed this requirement. Building Facades The City’s Exterior Design Standards do not apply to Institutional land uses. However, the exterior design is subject to public building review (State Statute 62.23(5)). The public building review will be addressed under the subsequent item. Overall Site The applicant is requesting BSMs related to reduced setbacks, increased front yard fence height, existing lighting, and reduced street frontage landscaping. To offset these requests, the applicant has exceeded the total landscaping point requirement by 10%. The applicant has also provided decorative perimeter fencing for a more attractive appearance than other types of security fencing. Staff is comfortbale that the applicant has sufficiently offset the requested BSMs and the site will be compatible with the surrounding area. FINDINGS/RECOMMENDATION/CONDITIONS In its review and recommendation to the Common Council on an application for a Planned Development district, staff recommends the Plan Commission make the following findings based on the criteria established by Chapter 30-387 (C)(6): (a) The proposed Planned Development project is consistent with the overall purpose and intent of this Chapter. (b) The proposed Planned Development project is consistent with the City’s Comprehensive Plan and other area plans. (It is the responsibility of the City to determine such consistency.) (c) The proposed Planned Development project would maintain the desired relationships between land uses, land use densities and intensities, and land use impacts in the environs of the subject site. (d) Adequate public infrastructure is or will be available to accommodate the range of uses being proposed for the Planned Development project, including but not limited to public sewer and water and public roads. (e) The proposed Planned Development project will incorporate appropriate and adequate buffers and transitions between areas of different land uses and development densities/intensities. (g) The proposed architecture and character of the proposed Planned Development project is compatible with adjacent/nearby development. (h) The proposed Planned Development project will positively contribute to and not detract from the physical appearance and functional arrangement of development in the area. (i) The proposed Planned Development project will produce significant benefits in terms of environmental design and significant alternative approaches to addressing development performance that relate to and more than compensate for any requested exceptions/base standard modifications variation of any standard or regulation of this Chapter. Staff recommends approval of the General Development Plan and Specific Implementation Plan with the findings listed above and with the proposed following conditions: 1. Base Standard Modification (BSM) to allow reduced front yard setback along Washington Avenue to 13.2’. 2. BSM to allow reduced street-side setback along Lake Shore Drive to 8.5’. 3. BSM to allow 6’ tall fencing within the front yard. 4. BSM to allow increased light pole height for existing light fixtures to 25’. 5. BSM to allow increased lighting at the right-of-way line (Lake Shore Drive) to 5.6 fc. 6. BSM to allow reduced street frontage landscaping along Washington Avenue to 331.6 points. 7. BSM to allow reduced street frontage landscaping devoted to medium trees along Washington Avenue to 0 points. 8. BSM to allow reduced street frontage landscaping along Lake Shore Drive to 288 points. 9. BSM to allow reduced street frontage landscaping devoted to medium trees along Lake Shore Drive to 0 points. 10. BSM to allow reduced street frontage landscaping devoted to medium trees along Linde Street to 181.5 points. 11. BSM to allow reduced street frontage landscaping along Merritt Avenue to 290.4 points. 12. Final landscaping and fencing plans shall be reviewed and approved by the Department of Community Development. 13. Should changes to Lake Shore Drive or the adjoining parkland area impact or change the approved site plan or landscaping plan, the Specific Implementation Plan shall be amended in accordance with the municipal code. Plan Commission recommended approval of the requested General Development Plan and Specific Implementation Plan with the findings and conditions on November 19, 2024. The following is Plan Commission’s discussion on the item. Site Inspections Report: Mr. Bowen, Ms. Scheuermann, Ms. Propp, Mr. Belville, Ms. Davey, Mr. Loewenstein, and Mr. Kiefer reported visiting the site. Staff report accepted as part of the record. The applicant requests approval of a General Development Plan (GDP) and Specific Implementation Plan (SIP) for new clearwells. 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 the City's water filtration plant. It has frontage on Lake Shore Drive, Washington Avenue, Linde Street and Merritt Avenue. The applicant is proposing to replace three existing clearwells on the site due to their age and condition. The property has served as the location for water supply and treatment facilities since the late 1800s and it will continue to be used to supply water to the city during the following construction of the clearwells. A Plan Commission workshop was held in October of this year. There was discussion primarily related to street frontage landscaping, specifically along Lakeshore Drive, where future improvements are anticipated. Plan Commission was supportive of the proposed clearwell exterior design. A neighborhood meeting was held on October 30, 2024. Neighbors in attendance voiced questions/concerns regarding grade elevation of the new structures, construction traffic and work hours, fencing, exterior materials, and changes to the landscaping and walking paths related to the future Reimagination of Lake Shore Drive project. The proposed project will include the following major components: Demolition of three buried clearwells. Construction of two new at-grade, cast-in-place concrete reservoirs within the former clearwell footprints. Construction of a new intermediate and high lift pump station to fill the new reservoirs and convey potable water to City Water Utility customers. Replacement of two existing emergency generators with two new generators, new electrical switchgear, transformers, and automatic transfer switches. Five additional on-site parking stalls. Sitework, buried yard piping and utilities, access roads, landscaping, and security fencing. The applicant is requesting Base Standard Modifications (BSMs) for reduced front yard setback along Washington Avenue and reduced street-side setback along Lake Shore Drive. According to the applicant, the reduced front yard and street side setback are needed as the applicant will be utilizing the foundations of the existing clearwells. The applicant also notes that increasing the setbacks of the clearwell structures would result in the need for taller structures to provided required storage volume. Based on community input, the reservoirs should be as short as possible. Staff is supportive of the setback reductions as the existing site footprint is being utilized and it will provide the most efficient and functional use of the property. The site will be surrounded by 6’ tall decorative security fencing. A BSM is needed for the proposed fencing as fencing in front yard areas is limited to a maximum height of 4’ in the Institutional (I) district. According to the applicant, the 6’ security fencing is needed to provide security for the site. Staff is supportive of the BSM for increased front yard fencing height due to the use of the property which has a need for perimeter security. The applicant has submitted a photometric plan for the site. The plan includes existing 25’ light poles, which exceed the maximum light fixture height of 23’ for the I district. Staff is recommending a BSM to allow the existing 25’ light poles to remain as the existing poles/fixtures will provide needed lighting for the site. Lighting levels at the right of way are within the maximum level of 1.0-foot candles with the exception of the area near the entrance gate along Lake Shore Drive. Staff is supportive of a BSM to allow the increased lighting level to 5.6-foot candles along the east property line as it is needed for the existing light fixtures to illuminate the gate entrance for surveillance camera operation and security intercom call boxes. This should not have adverse impacts on the surrounding area as it is on the eastern side of the site and does not face residences or businesses. In regards to the landscape plan, it is meeting building foundation landscaping requirements as well as paved area requirements. For street frontage landscaping the point requirement is not being met along Washington Avenue, Lake Shore Drive, and Merritt Avenue. The total requirement is being met along Linde Street, but the medium tree foot requirement is not being met along Linde Street. According to the applicant, site difficulties related to structures and pavements, utilities, security fencing, and open space allocated for future facility expansion limit the ability to meet street frontage landscaping requirements. Staff is supportive of a BSM to allow reduced street frontage landscaping. If the applicant has limited available area to place the required landscaping, also the unique configuration with four frontages results in difficulties meeting street frontage plan requirements. They are exceeding yard landscaping point requirements and that serves to offset their reduction in street frontages. For building facades, the exterior design is subject to public building review and will be addressed under the subsequent item. Overall, the applicant's request for the BSMs related to reduce setbacks, reduce front yard fence heights, existing lighting, and reduce street frontage landscaping. To offset the request the applicant has exceeded the total landscaping point requirement by 10%, and also provide a decorative perimeter fencing for a more attractive appearance than other types of security fencing. Staff recommends approval of the GDP and SIP with the findings and conditions listed in the staff report. Mr. Perry opened up technical questions to staff. Ms. Davey had questions about if landscaping and fencing plans would be coming back to Plan Commission. Mr. Slusarek and Ms. Nieforth discussed the process. Mr. Perry opened public comment and asked if the applicant wanted to make any statements. Linda Moore, Project Manager for Jacobs Engineering Group, stated she does not have additional technical remarks to share with the Plan Commission since we last presented information about this project at the October 15th meeting. She has been coordinating and responding to review comments from the city on the site plan review process and from the DNR. She discussed Reimagination of Lake Shore Drive project, and the decorate precast concrete panels that are on the reservoirs and the pump station. Mr. Gohde stated the rendering image on the Power Point, of the sturgeon and rice, is not the latest one. We'll see if we can get that pulled up here momentarily. This construction project is two to three years long. We need to get it under construction and that'll allow us that window to really complete the Lake Shore Drive re-imagination and then construct that at the completion of the clearwell tank and ozone replacement project. Mr. Perry asked if any members of the public wished to speak. Mr. Perry closed public comment. There was no closing statement from the applicant. Motion by Propp to adopt the findings and recommendation as stated in the staff report. Seconded by Scheuermann. Mr. Perry asked if there was any discussion on the motion. Ms. Propp stated she thinks an excellent job has been done working it to this point and it's time to move forward. Motion carried 8-0. Page 10 Page 11 Page 12 City of Oshkosh Water Filtration Plant Clearwells Replacement Project General Planned Development and Specific Implementation Plan Application Attachment, Amended 10/25/2024 The following notes apply to the information requested under the General Development Plan (GDP) and Specific Implementation Plan (SIP) Application Checklist.  General location map for the Project site: Refer to Figure PD-1.  General site plan showing the proposed land use 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: The Water Filtration Plant (WFP) property is all of lots 28 and 29 block 37 Evans addition. Refer to the Civil Drawings for the street pattern, Project site plan, pattern of internal drives, proposed site grading, stormwater management features, and underground utilities. There will be no stormwater detention facilities, recreational areas, or common open space area on the WFP site.  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. The WFP property is not being developed into lots of varying density. The Project involves constructing replacement water storage tanks and a pump station in the area occupied by the existing clearwells. The current WFP property buildings and impervious pavement area coverage is 50%; the current landscaped area is 50%. The proposed WFP property impervious area coverage is 53%; the planned landscaped area is 47%.  Conceptual landscaping plan. Refer to the Renderings and Drawings 005-L-201 and 005-L-501. The landscape plan was revised to include native plant species. A new tree was added by the new parking stalls. NA General signage plan. No changes to WFP property signage are associated with the Project. NA General outline of property owners’ association, covenants, easements, and deed restrictions. Property restrictions as described above do not apply to the WFP site.  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. The Project is comprised of new water pumping and storage facilities designed to resemble existing WFP structures and include design elements, like decorative security fencing and architectural structures’ panels, to enhance aesthetics of new structures. Refer to Renderings. The architectural exterior finishes for the Reservoirs and Pump Station include quarry stone patterned concrete, brick, and precast decorative panels. The Pump Station also includes glass block windows and tube steel roof trusses supporting a metal roof deck. These materials were selected to match existing structures and facilities on site, with the exception of the decorative precast panels which are an aesthetic enhancement resulting from the work of Project Ad Hoc Aesthetics Committee. The Project is comprised of Water Utility (Public, Institutional) facilities that do not include dwelling units. The Project site landscaped areas are designed to achieve the City’s stormwater management and most of the City Zoning Ordinance landscape requirements. The WFP site is secured and access from nearby properties and public streets is controlled to protect critical drinking water infrastructure and to the public from on-site chemical and electrical hazards. Page 13 The Comprehensive Plan and approved 2035 Land Use Plan include the continued used of the WFP site for water supply and treatment. Requested City Zoning Ordinance Code exemptions (base standard modifications) for Project non-compliant features include the following: (1) Due to site space constraints, portions of the proposed new structures are within the 30-foot setback from the property lines. The setback requirement is not being met because the new structures are located on top of the existing structures’ foundations that are being reused to reduce construction costs, maximize use of existing buried process piping, and mitigate settlement over the service life of the new structures. If the structures’ footprints were reduced to provide more space between the structures and the property line, then the Reservoirs would need to be taller to provide the required storage volume. Based on community input, the Reservoirs need to be as short as possible. A base standard modification is being requested for location of structures within the required setbacks to best meet the functional requirements of the WFP and aesthetic goals of the Project. To compensate for this non-compliant Project feature, the Project includes decorative structures’ exterior finishes and decorative security fencing. (2) The WFP is a relatively small site that is extensively developed with at-grade structures, pavement, and buried piping and electrical duct bank. Refer to Figure WFP Developed Areas Plan. Remaining open space on site is allocated for future facility expansion or modification to meet new regulations. Limited open space around structures is also maintained to provide access for maintenance vehicles that periodically serve treatment, storage, and pumping facilities. Also, the WFP is secured with perimeter fencing that is monitored by surveillance cameras. All of these site characteristics limit where trees, shrubs and plants can be planted so as not to hinder efficient WFP operation and maintenance or compromise the security of the WFP. Due to the site having four front yards, the target landscaping street frontage points are not met as follows: Street frontage along Washington Avenue, Lake Shore Drive, and Merritt Avenue; other City landscaping point targets are met as follows: Street frontage points along Linde Street, Building Foundation points, Paved Areas points, Yards points, and Buffer yard points. (3) For exterior site lighting, the 0.4 fc requirement is not met in all paved areas, particularly areas used by trucks for chemical delivery. The Project does not propose to supplement existing site lighting in these areas which are rarely used for facility operations during the night. There is no facility functional need to add more lighting and introduce more light pollution. The proposed new parking stalls will meet the 0.4 fc requirement with the installation of a new exterior light fixture as part of the Project. The light pole will be 20 feet tall on a 3-foot base. The 1 fc maximum at right-of-way requirement is not met at the WFP facility gates were light fixtures near the fence illuminate the security intercom call boxes and visitors. While lighting at the security gates exceeds Code requirements, it is located on the eastern side of the property that does not face residences or businesses. The Project does not propose to reduce lighting at the security gates because it’s essential for surveillance camera operation and maintaining site security. A base standard modification is being requested for existing WFP areas with non-conforming site lighting that meets the functional goals of the facility. To compensate for non-conforming lighting in areas of site, the Project proposes to maintain site lighting as necessary for site security and add only a new lighting feature that complies with the Code improve safe use of site by facility personnel at night. Refer to the attached WFP Photometric Plan. (4) The Proposed decorative security fence is 6 feet high to deter unauthorized people from entering the site. Site security is critical to protecting the City’s water supply to protecting people from on-site hazards. In the past, people have climbed over the existing fence and gained unauthorized access to the WFP site. The City requires 4 feet high fencing in front yards and the WFP site has four front yards. A base standard modification is being requested allow the proposed 6 feet high fence rather than a 4 feet high fence to provide enhanced site security. To compensate for this non-compliant feature, the Project proposes decorative, rather than chain link, fencing. NA Traffic Impact Analysis (TIA), if deemed necessary by the Director of Planning Services, or designee. The Project will not result in changes to local traffic. Page 14 447 437 433 429 421 415 1275 4 2 5 136913611355134713211325133113371343 1393 L A M P E R T S T L A M P E R T S T P R A T T T R P R A T T T R ME R R IT T AVMERRITT AV LL II NN DD EE SS TT LL AA KK EE SS HH OO RR EE DD RR WWAASS HHII NNGGTT OONN AA VV O s h k o s h C i t y L i m i t O s h k o s h C i t y L i m i t L:\GIS_Maps\Planning Base Map - For Windows 10.mxd User: katrinam 4 2 5 L a k e S h o r e D r i v e City of Oshkosh maps and data are intended to be used for general identification purposes only, and theCity of Oshkosh assumes no liability for the accuracy of the information. Those using the information areresponsible for verifying accuracy. For full disclaimer please go to www.ci.oshkosh.wi.us/GISdisclaimer Printing Date: 10/22/2024 1 in = 100 ft1 in = 0.0 2 mi¯ 10 0 1020304050607080901001101201301401501601701805 Feet Prepared by: City of Oshkosh, WI Page 15 Page 16 11.19.2024 PLAN COMMISSION. CONDITIONAL USE PERMIT FOR 0 LAKE SHORE DRIVE, PARCEL 1100950200. GDP, SIP, AND ARCHITECTURAL BUILDING REVIEW FOR 425 LAKE SHORE DRIVE. Notices mailed to: Owner Name Mailing City State Zip DREW J PIETENPOL 1103 WASHINGTON AVE OSHKOSH WI 54901 NATHANIEL J/AMANDA J FRANK 1111 WASHINGTON AVE OSHKOSH WI 54901 ROGER D FRIKART/KAREN E BARTER 1115 WASHINGTON AVE OSHKOSH WI 54901 JAMES W KREUTER 505 PO BOX QUILCENE WA 98376 GABRIEL LOIACONO/ANDREA JAKOBS 1209 WASHINGTON AVE OSHKOSH WI 54901 RONALD B/NANCY L MARKS LIVING TRUST 1213 WASHINGTON AVE OSHKOSH WI 54901 DAVID LELINSKI 1217 WASHINGTON AVE OSHKOSH WI 54901 MICHAEL J/JULI J ZINTH 1225 WASHINGTON AVE OSHKOSH WI 54901 ROMUALD B SIMEONE ETAL L TRUST 1231 WASHINGTON AVE OSHKOSH WI 54901 MALLORY H GARDAS 367 ROSALIA ST OSHKOSH WI 54901 THOMAS J ROTHE 363 ROSALIA ST OSHKOSH WI 54901 MOSES I/REBECCA M COHEN 3170 BAILEY CT OSHKOSH WI 54904 JOEL/CARRIE HOGAN 1352 CONGRESS AVE OSHKOSH WI 54901 MIDSTATE PROPERTY MANAGEMENT LLC 630 STARBOARD CT W UNIT A OSHKOSH WI 54901 MELISSA A BISCHOFF 1224 WINNEBAGO AVE OSHKOSH WI 54901 EK REAL ESTATE FUND I LLC PO BOX 818081 CLEVELAND OH 44181 ANGELA MASTERS 1212 WINNEBAGO AVE OSHKOSH WI 54901 LANE C KLINE 1208 WINNEBAGO AVE OSHKOSH WI 54901 TODD S MOXHAM 1202 WINNEBAGO AVE OSHKOSH WI 54901 STEPHANY LEURQUIN 1132 WINNEBAGO AVE OSHKOSH WI 54901 GAYLE V RIOUX LIVING TRUST 1126 WINNEBAGO AVE OSHKOSH WI 54901 KIM S HOEPER 372 ROSALIA ST OSHKOSH WI 54901 KATHLEEN R EVENS/MARGARET E OHARA 1303 WASHINGTON AVE OSHKOSH WI 54901 SHAHNAZ SHAKIBAIAN 6641 N CRULL CT EVANSVILLE WI 53536 ERIK D/MANDY S STIEG 1313 WASHINGTON AVE OSHKOSH WI 54901 WILLIAM R KITZ 1317 WASHINGTON AVE OSHKOSH WI 54901 JENNIFER A ZIEMER 1321 WASHINGTON AVE OSHKOSH WI 54901 LAWRENCE TRIPP II/MIRANDA BROWN 1325 WASHINGTON AVE OSHKOSH WI 54901 KELLY M LUADERS 1331 WASHINGTON AVE OSHKOSH WI 54901 ANDREW J/KAREN L LEAVITT 1337 WASHINGTON AVE OSHKOSH WI 54901 KATHLEEN E CORLEY/DAVID SCHUHART 1343 WASHINGTON AVE OSHKOSH WI 54901 LUANNE M LAIB 1347 WASHINGTON AVE OSHKOSH WI 54901 BRITTNEY WALLIN 1355 WASHINGTON AVE OSHKOSH WI 54901 GORDON N/ELIZABETH L HINTZ 1361 WASHINGTON AVE OSHKOSH WI 54901 DUSTIN M HACKBARTH/ERICA H WILLEFORD 1369 WASHINGTON AVE OSHKOSH WI 54901 KOCH LIVING TRUST 315 LAMPERT ST OSHKOSH WI 54901 RENEE J LARSON 1366 WINNEBAGO AVE OSHKOSH WI 54901 SABRYNNA S YOUNG 1362 WINNEBAGO AVE OSHKOSH WI 54901 MARY LOUISE LEWIS 1350 WINNEBAGO AVE OSHKOSH WI 54901 MARY LOUISE LEWIS 9 CHEROKEE CIR UNIT 102 MADISON WI 53704 ANDREW P/AMY M JONES 766 BLACK WOLF AVE OSHKOSH WI 54902 LOGAN HAACK 1340 WINNEBAGO AVE OSHKOSH WI 54901 THOMAS/CINDY BAUER 1338 WINNEBAGO AVE OSHKOSH WI 54901 MICHAEL L PARKER 1322 WINNEBAGO AVE OSHKOSH WI 54901 DEVON E/SUSAN K JONES PO BOX 166 OSHKOSH WI 54903 PHILIP S BOYLE 1312 WINNEBAGO AVE OSHKOSH WI 54901 Page 17 11.19.2024 PLAN COMMISSION. CONDITIONAL USE PERMIT FOR 0 LAKE SHORE DRIVE, PARCEL 1100950200. GDP, SIP, AND ARCHITECTURAL BUILDING REVIEW FOR 425 LAKE SHORE DRIVE. Notices mailed to: Owner Name Mailing City State Zip XO LOR/BOR YANG 1316 WINNEBAGO AVE OSHKOSH WI 54901 TODD AREND 360 ROSALIA ST OSHKOSH WI 54901 ANDREA L BREM 362 ROSALIA ST OSHKOSH WI 54901 PAUL F/HADLEY C BURGER 366 ROSALIA ST OSHKOSH WI 54901 CATHERINE M LINDSAY LIVING TRUST 368 ROSALIA ST OSHKOSH WI 54901 WFW ENTERPRISES LLC 1373 WAUGOO AVE OSHKOSH WI 54901 THAO YANG/NENG XIONG 1119 WINNEBAGO AVE OSHKOSH WI 54901 DENNIS F RIOUX/STACEY A OTTO 1121 WINNEBAGO AVE OSHKOSH WI 54901 DAYANA DUARTE/JAZZRIC OROZCO 1125 WINNEBAGO AVE OSHKOSH WI 54901 JAMES R STEINBERG 651 FRANKLIN ST OSHKOSH WI 54901 MATTHEW/LISA HOERRES 1207 WINNEBAGO AVE OSHKOSH WI 54901 DAVID M JONES LIVING TRUST 1209 WINNEBAGO AVE OSHKOSH WI 54901 DAVID D PETERSON 1217 WINNEBAGO AVE OSHKOSH WI 54901 JOHN P RASMUSSEN 4062 OREGON ST OSHKOSH WI 54902 THOMAS/CARRI JANKOWSKI 1225 WINNEBAGO AVE OSHKOSH WI 54901 SPIEGELBERG ENTERPRISES 934 S WESTFIELD ST OSHKOSH WI 54902 ADAM A SASSE 4655 STAR SPANGLED TRL MADISON WI 53718 SARAH WOLLNER 341 ROSALIA ST OSHKOSH WI 54901 JOSEPH A MATUSINEC JR REV TRUST 337 ROSALIA ST OSHKOSH WI 54901 ALEX J/MEGAN L DREIKOSEN 333 ROSALIA ST OSHKOSH WI 54901 JAMES M PECK/JUDY HILLHOUSE 329 ROSALIA ST OSHKOSH WI 54901 NEDRA MCGONIGLE 327 ROSALIA ST OSHKOSH WI 54901 JASON L PAGE 323 ROSALIA ST OSHKOSH WI 54901 DEBRA K CRAM 1220 SCHOOL AVE OSHKOSH WI 54901 JOSEPH A/JODY A ROBL 4117 ALIDA LN OSHKOSH WI 54904 DENNIS P MCCARTHY 1210 SCHOOL AVE OSHKOSH WI 54901 WILLIAM/JULIA KNUDSON 1202 SCHOOL AVE OSHKOSH WI 54901 ANN/PETER & JEFFREY ALBRIGHT REV TRUST 354 LEGION PL OSHKOSH WI 54901 CHARLES DAHLKE TRST/ABBY FRUCHT TRST 350 LEGION PL OSHKOSH WI 54901 TIMOTHY PAULSEN/CHRISTIE M DEMOSTHENOUS 344 LEGION PL OSHKOSH WI 54901 WILLIAM H CARVER 336 LEGION PL OSHKOSH WI 54901 ROBERT H/IDA HETZEL 332 LEGION PL OSHKOSH WI 54901 STEVE A JIRSCHELE 8348 OAKWOOD AVE NEENAH WI 54956 DAVID J/JANET S VROMAN 347 LEGION PL OSHKOSH WI 54901 STUART N/SUE A SCHROTTKY LIFE ESTATE 339 LEGION PL OSHKOSH WI 54901 ERIC R/HANNAH N SCHUELER 352 ROSALIA ST OSHKOSH WI 54901 SUSAN T ERTMER 348 ROSALIA ST OSHKOSH WI 54901 JAMES R JUNGWIRTH 346 ROSALIA ST OSHKOSH WI 54901 MICHAEL G CHIVINGTON/MORGAN K STRASSER 344 ROSALIA ST OSHKOSH WI 54901 ALLEN/JENNIFER A NEWELL 336 ROSALIA ST OSHKOSH WI 54901 WILLIAM B/JILL M POWERS JR 332 ROSALIA ST OSHKOSH WI 54901 ALAN/ELLEN IVES 328 ROSALIA ST OSHKOSH WI 54901 SALBEGO PROPERTIES LLC 1335 WINNEBAGO AVE OSHKOSH WI 54901 AACE INVESTMENTS LLC 1840 EVANS ST OSHKOSH WI 54901 KYLE J NICHOL/CHELSEA L RULE 1329 WINNEBAGO AVE OSHKOSH WI 54901 CHRISTOPHER D/KARIE D RESCH 1339 WINNEBAGO AVE OSHKOSH WI 54901 Page 18 11.19.2024 PLAN COMMISSION. CONDITIONAL USE PERMIT FOR 0 LAKE SHORE DRIVE, PARCEL 1100950200. GDP, SIP, AND ARCHITECTURAL BUILDING REVIEW FOR 425 LAKE SHORE DRIVE. Notices mailed to: Owner Name Mailing City State Zip JOSHUA M DUTKO/JILL A WOJCIECHOWSKI 1345 WINNEBAGO AVE OSHKOSH WI 54901 MICHAEL J ULRICH 1349 WINNEBAGO AVE OSHKOSH WI 54901 RONALD G/MARLO D GARRETT 1228 GILBERT CIR OREM UT 84057 JACK R/COURTNEY WILLERT 1359 WINNEBAGO AVE OSHKOSH WI 54901 WALTER L WARREN 1367 WINNEBAGO AVE OSHKOSH WI 54901 KATHLEEN GROFF LIFE ESTATE 1371 WINNEBAGO AVE OSHKOSH WI 54901 JAMES L BASILIERE SURVIVORS TRUST 1370 RAHR AVE OSHKOSH WI 54901 STEVEN/MARY E YOBLONSKI 1358 RAHR AVE OSHKOSH WI 54901 ROBERT L/MARY L HOFFMAN TRUST 1348 RAHR AVE OSHKOSH WI 54901 GENE J BOYCE 1342 RAHR AVE OSHKOSH WI 54901 WANDA MAE ROBINSON 1338 RAHR AVE OSHKOSH WI 54901 MICHAEL E/MORGAN E WARNKE 1334 RAHR AVE OSHKOSH WI 54901 KEITH A/STACY M FREY 1330 RAHR AVE OSHKOSH WI 54901 RANDY L SCHNEIDER 1328 RAHR AVE OSHKOSH WI 54901 KRISTI S KOLASKE 1324 RAHR AVE OSHKOSH WI 54901 CARRIE A BROOKS/ROBERT W MCCLORY SR 1320 RAHR AVE OSHKOSH WI 54901 LUCY A GEORGE 1318 RAHR AVE OSHKOSH WI 54901 REBECCA R PAYNE 1314 RAHR AVE OSHKOSH WI 54901 JAMES R/PATTI STRASSER 1312 RAHR AVE OSHKOSH WI 54901 ROGER A GUSE 1359 RAHR AVE OSHKOSH WI 54901 TOSHA M TESSEN/SHAUN HICKEY 1353 RAHR AVE OSHKOSH WI 54901 RALPH D DEDECKER/PATTI J MORTENSON 1347 RAHR AVE OSHKOSH WI 54901 ROBERT W MAURITZ 102 8TH AVE ANTIGO WI 54409 DEREK S/CANDACE D WALTER 3827 LOYOLA LN CLOVIS CA 93619 JUSTINE STOKES 1333 RAHR AVE OSHKOSH WI 54901 PAUL W/REBECCA M PIECHOWSKI 1331 RAHR AVE OSHKOSH WI 54901 ROBERT PILLSBURY/SAMARA HAMZE 1327 RAHR AVE OSHKOSH WI 54901 REUBEN L STACHE 1325 RAHR AVE OSHKOSH WI 54901 ROBERT J MCLAREN 1321 RAHR AVE OSHKOSH WI 54901 CALLI S DOBERSTEIN 1319 RAHR AVE OSHKOSH WI 54901 LANDON C FISHER 1315 RAHR AVE OSHKOSH WI 54901 WILLIAM G/PAULA S TELLOCK 1311 RAHR AVE OSHKOSH WI 54901 3710 LISBON LLC 333 BISHOPS WAY STE 141 BROOKFIELD WI 53005 KEY INVESTMENTS LLC W6154 MAPLE BLUFF LN MENASHA WI 54952 JAMES E LARSON 1369 RAHR AVE OSHKOSH WI 54901 THOMAS J/MOLLY MOORE IRREVOCABLE TRUST 1122 WASHINGTON AVE OSHKOSH WI 54901 J PETER/ KAROLA H JUNGBACKER 1128 WASHINGTON AVE OSHKOSH WI 54901 JEFFREY W PICKRON/MICHELLE M KUHL 415 HAZEL ST OSHKOSH WI 54901 KEVIN PAULSON 451 HAZEL ST OSHKOSH WI 54901 PAUL M/COURTNEY L VANAUKEN 1125 MERRITT AVE OSHKOSH WI 54901 URSULA E/KATHRYN M KLEIN 1121 MERRITT AVE OSHKOSH WI 54901 WALTER K MANES 445 HAZEL ST OSHKOSH WI 54901 TOU KONG/LINDA CHANG 437 HAZEL ST OSHKOSH WI 54901 AUSTIN/RACHEL SCHULZ 423 HAZEL ST OSHKOSH WI 54901 S JUSTIN/CORINE L GENGO 427 HAZEL ST OSHKOSH WI 54901 KARL E BOEHLER 1203 MERRITT AVE OSHKOSH WI 54901 Page 19 11.19.2024 PLAN COMMISSION. CONDITIONAL USE PERMIT FOR 0 LAKE SHORE DRIVE, PARCEL 1100950200. GDP, SIP, AND ARCHITECTURAL BUILDING REVIEW FOR 425 LAKE SHORE DRIVE. Notices mailed to: Owner Name Mailing City State Zip DAVID F FISS 1207 MERRITT AVE OSHKOSH WI 54901 CHELSEA NACKERS/ANTHONY LUTZ 1211 MERRITT AVE OSHKOSH WI 54901 DAVID J/VALERIE J WATKINS 1219 MERRITT AVE OSHKOSH WI 54901 BOSILJKA/JELKA CUCUZ 450 HAZEL ST OSHKOSH WI 54901 MAUWA K SAIDI/FITINA KASUBI 446 HAZEL ST OSHKOSH WI 54901 MICHAEL/LUANNE GOSPODAREK LIVING TRUST 440 HAZEL ST OSHKOSH WI 54901 ERIC R/COREE E VANTHIEL 432 HAZEL ST OSHKOSH WI 54901 MARILYN H SCHULER 1221 MERRITT AVE OSHKOSH WI 54901 DAVID M/MARGOT HIRSCH 8037 N SANTA MONICA BLVD MILWAUKEE WI 53217 JILL A ANDERSON 1229 MERRITT AVE OSHKOSH WI 54901 CODY/MELINDA ANDERSON 1237 MERRITT AVE OSHKOSH WI 54901 LINDA L ROBINSON/MICHELLE A TRAYER 1243 MERRITT AVE OSHKOSH WI 54901 ERIC D KOPPA/KIRSTIN M IHDE 1249 MERRITT AVE OSHKOSH WI 54901 STEPHEN M/ELIZABETH A MCCABE 1255 MERRITT AVE OSHKOSH WI 54901 BRADLEY J HUNTER 1306 WASHINGTON AVE OSHKOSH WI 54901 JEFFREY S/SANDI B DAVIS 1302 WASHINGTON AVE OSHKOSH WI 54901 BETH C HUBBARD 1318 WASHINGTON AVE OSHKOSH WI 54901 MEERKAT MANOR 2017 REV TRUST 1234 WASHINGTON AVE OSHKOSH WI 54901 ANN M STILP 1222 WASHINGTON AVE OSHKOSH WI 54901 KIRSTEN D BUCKSTAFF 1212 WASHINGTON AVE OSHKOSH WI 54901 RONALD A HEILMANN JR 1200 WASHINGTON AVE OSHKOSH WI 54901 PETER MALCHOW/J MACKLIN 420 HAZEL ST OSHKOSH WI 54901 ROBERT L ASKINS/JILL E ROSENTHAL 424 HAZEL ST OSHKOSH WI 54901 GEORGE H/BEVERLY K DAKIN REV TRUST 1246 WASHINGTON AVE OSHKOSH WI 54901 SEAN W BUTLER/DENISE ROBSON 1263 MERRITT AVE OSHKOSH WI 54901 RYAN L SKIVER 1275 MERRITT AVE OSHKOSH WI 54901 ERIC E/JEANNE G HIATT 1271 MERRITT AVE OSHKOSH WI 54901 MICHAEL D RUST 1267 MERRITT AVE OSHKOSH WI 54901 JEREMY A LONG/ASHLEY HOWELL 447 LINDE ST OSHKOSH WI 54901 JUDITH K BRITTON 437 LINDE ST OSHKOSH WI 54901 HENRY C MATHEWSON 433 LINDE ST OSHKOSH WI 54901 JENNIFER E MARTY 429 LINDE ST A OSHKOSH WI 54901 CHARLES A/MELISSA J WILLIAMS 421 LINDE ST OSHKOSH WI 54901 DYLAN CHUMURA-MOORE/SHARON TENHUNDFELD 415 LINDE ST OSHKOSH WI 54901 JEFFREY A SCHINKER 1324 WASHINGTON AVE OSHKOSH WI 54901 PATRICK J/KIRSTEN V BRUESKE 543 HAZEL ST OSHKOSH WI 54901 PA SHOUA VANG 539 HAZEL ST OSHKOSH WI 54901 LISA M DORSCHNER 531 HAZEL ST OSHKOSH WI 54901 LACINDA S ANDERSON 525 HAZEL ST OSHKOSH WI 54901 GABRIEL G/KRISTEN G GRANT 519 HAZEL ST OSHKOSH WI 54901 WENDY M STELZER 1122 MERRITT AVE OSHKOSH WI 54901 PHILIP R/LINDA A BAETEN LIVING TRUST 1112 MERRITT AVE OSHKOSH WI 54901 JEREMY/KATHERINE LOFTON 1216 MERRITT AVE OSHKOSH WI 54901 MENOM SOUTH NBHD ASSOC EMAILED STEVENS PARK NBHD ASSOC EMAILED Page 20 MER RIT T AV LAM P E RT S T P R A T T T R LINDE ST L A K E S H O R E D R WA SH I NG TO N AV Oshkosh Oshkosh City Limit City Limit O s h k o s h C i t y L i m i t O s h k o s h C i t y L i m i t Menom ineePark 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: 10/22/2024 1 in = 120 ft 1 in = 0.02 mi¯BASE 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 21 MERRITT AV OTTER AV BAB BITZ AV MERRITT AV WINNEBAGO AV WAUGOO AV FLUOR CT LANE ST RAHR AV LEGION PL MILL ST OTTER AV SWEET ST E PAR KWAY AV CLEVELAND AV LAMPER T ST E IRVING AV GROV E ST EV ANS ST OAK ST EPARKW A Y A V MERRITT AV BOYD ST LINDE ST SCHOOL AV ROSALIA ST OAK ST SIEWERTTR SIEWERTTR P R A T T T R P R ATTTR L A K E S H O R E D R E IRVING AV WASHINGTON AV CEAPE AV BOWEN ST HAZEL ST OshkoshOshkoshCity LimitCity Limit O s h k o s h C i t y L i m i tOshkosh C i t y L i m i t Oshkosh City Limit Oshkosh City Limit DR-6-PD I I I I I I-PD MR-20 MR-20 MR-36-PD SR-9 SR-9-LRO TR-10 TR-10 TR-10-PD UMU UMU UMU-PD UMU-PD J:\GIS\Planning\Plan Commission Site Plan Map Template\2023 Plan Commission Site Plan Map Template.mxd User: katrinam Prepared by: City of Oshkosh, WI Printing Date: 10/22/2024 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 22 MER RIT T AV LAM P E RT S T P R A T T T R LINDE ST L A K E S H O R E D R WA SH I NG TO N 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: 10/22/2024 1 in = 120 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 23 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 :November 26, 2024 SUB JEC T:SUB JEC T :Res 24-635 Approve Conditional Use Permit Request for a Temporary Use Permit Extension for New Clearwells Construction Staging at Property Located on the East Side of the 400 Block of Lake Shore Drive (Parcel 1100950200) (Plan Commission Recommends Approval) B A C KGRO UN DBACKGROUND The subject site is a 1.04-acre City-owned property with frontage on Lake Shore Drive as well as Lake Winnebago. The property is zoned Institutional (I) and includes public parking and open-space area. The subject site is surrounded by park land to the north, water filtration plant to the west, The Waters banquet hall and yacht club to the south, and Lake Winnebago to the east. A N A L Y SI SANALYSIS The applicant is planning to use Lake Shore Drive and a portion of the abutting City-owned property to the east (subject site) for temporary construction contractor staging, construction materials storage, contractors' field offices, contractor employee parking, and construction work area adjacent to the water filtration plant during the proposed Clearwells Replacement Project. The applicant notes that pedestrian access to the Charles Schurz monument and a portion of the park area and shoreline east of Lake Shore Drive will be maintained during the temporary use of Lake Shore Drive and subject site for construction and staging. The applicant also notes that heavy construction activities will be performed primarily on the water filtration plant site, not on Lake Shore Drive or subject site. The City's standard requirement for controlling construction noise, dust, pollution, and other potential disturbance to the community are conditions of the Clearwells Replacement project construction contract. Use of the subject site for staging of vehicles/equipment/trailers requires a temporary use permit (TUP), which is limited to 90 days per calendar year, but may be extended in duration through the conditional use process. The applicant is requesting a Conditional Use Permit (CUP) to allow for the TUP to be extended as the staging area is anticipated to be utilized from spring 2025 through spring 2028. Staff is supportive of the TUP extension as the use of this staging area is necessary for the City Clearwell project to be completed. Staff is recommending conditions that the TUP expire on June 30, 2028 and the area be returned to pre-use conditions including repair of any damaged lawn areas after expiration of the TUP. REC O M M E N D A TI ONRECOMMENDATION The Plan Commission recommended approval of the requested conditional use permit request for a temporary use permit extension with the findings and conditions at property located on the east side of the 400 block of Lake Shore Drive (parcel 1100950200) on November 19, 2024. Please see the attached staff report and meeting minutes for more information. A t t a chment sAttachments RES 24-635 CUP - 0 Lake Shore Dr 11/26/2024 24-635 RESOLUTION     CARRIED 7-0     PURPOSE: APPROVE CONDITIONAL USE PERMIT REQUEST FOR A TEMPORARY USE PERMIT EXTENSION FOR NEW CLEARWELLS CONSTRUCTION STAGING AT PROPERTY LOCATED ON THE EAST SIDE OF THE 400 BLOCK OF LAKE SHORE DRIVE (PARCEL 1100950200) INITIATED BY : JACOBS ENGINEERING GROUP INC.   PLAN COMMISSION RECOMMENDATION:  Approved w/ findings         WHEREAS, the Plan Commission finds that the conditional use permit request for a temporary use permit extension for new clearwells construction staging at property located on the 400 Block of Lake Shore Drive (parcel 1100950200), is consistent with the criteria established in Sections 30-51 (C) and 30-382 of the Oshkosh Zoning Ordinance. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that a conditional use permit request for a temporary use permit extension for new clearwells construction staging at property located on the 400 Block of Lake Shore Drive (parcel 1100950200), per the attached, is hereby approved, with the following findings:   Is in harmony with the Comprehensive Plan. 1. Would not result in a substantial or undue adverse impact on nearby property, the character of the neighborhood, environmental factors, traffic factors, parking, public improvements, public property or rights-of-way, or other matters affecting the public health, safety, or general welfare. 2. Maintains the desired consistency of land uses, land use intensities, and land use impacts as related to the environs of the subject property. 3. The conditional use is located in an area that will be adequately served by, and will not impose an undue burden on, any of the improvements, facilities, utilities or services provided by public or private agencies serving the subject property. 4. The potential public benefits outweigh any potential adverse impacts of the proposed conditional use, after taking into consideration the applicant’s proposal and any requirements recommended by the applicant to ameliorate such impacts. 5.   ITEM: PUBLIC HEARING: CONDITIONAL USE PERMIT REQUEST FOR A TEMPORARY USE PERMIT EXTENSION FOR NEW CLEARWELLS CONSTRUCTION STAGING AT PROPERTY LOCATED ON THE EAST SIDE OF THE 400 BLOCK OF LAKE SHORE DRIVE (PARCEL 1100950200) Plan Commission Meeting of November 19, 2024. GENERAL INFORMATION Applicant: Jacobs Engineering Group Inc. Owner: City of Oshkosh Action(s) Requested: The applicant is requesting a Conditional Use Permit to extend a temporary use permit for outdoor equipment storage. Applicable Ordinance Provisions: Temporary Uses are limited to 90 days per calendar year, but may be extended in duration through the conditional use process. Criteria used for Conditional Use Permits are located in Section 30-382 of the Zoning Ordinance. Property Location and Background Information: The subject site is a 1.04-acre City-owned property with frontage on Lake Shore Drive as well as Lake Winnebago. The property is zoned Institutional (I) and includes public parking and open- space area. The subject site is surrounded by park land to the north, water filtration plant to the west, The Waters banquet hall and yacht club to the south, and Lake Winnebago to the east. Subject Site: Existing Land Use Zoning Institutional I Recognized Neighborhood Organizations Menominee South Adjacent Land Use and Zoning: Existing Uses Zoning North Park I South Commercial UMU-PD West Government I-PD East Lake Winnebago Comprehensive Plan Land Use Recommendation Land Use 2040 Comprehensive Land Use Plan Recommendation Community Facility . 2 ANALYSIS Use The applicant is planning to use Lakeshore Drive and a portion of the abutting City-owned property to the east (subject site) for temporary construction contractor staging, construction materials storage, contractors’ field offices, contractor employee parking, and construction work area adjacent to the water filtration plant during the proposed Clearwells Replacement Project. The applicant notes that pedestrian access to the Charles Schurz monument and a portion of the park area and shoreline east of Lake Shore Drive will be maintained during the temporary use of Lake Shore Drive and subject site for construction and staging. The applicant also notes that heavy construction activities will be performed primarily on the water filtration plant site, not on Lake Shore Drive or subject site. The City’s standard requirement for controlling construction noise, dust, pollution, and other potential disturbance to the community are conditions of the Clearwells Replacement project construction contract. Site plan for temporary staging area. . 3 Use of the subject site for staging of vehicles/equipment/trailers requires a temporary use permit (TUP), which is limited to 90 days per calendar year, but may be extended in duration through the conditional use process. The applicant is requesting a Conditional Use Permit (CUP) to allow for the TUP to be extended as the staging area is anticipated to be utilized from spring 2025 through spring 2028. Staff is supportive of the TUP extension as the use of this staging area is necessary for the City Clearwell project to be completed. Staff is recommending conditions that the TUP expire on June 30, 2028 and the area be returned to pre-use conditions including repair of any damaged lawn areas after expiration of the TUP. RECOMMENDATION/CONDITIONS In its review and recommendation to the Common Council on an application for a Conditional Use Permit, staff recommends the Plan Commission make the following findings based on the criteria established by Chapter 30-382 (F)(3): (1) Is in harmony with the Comprehensive Plan. (2) Would not result in a substantial or undue adverse impact on nearby property, the character of the neighborhood, environmental factors, traffic factors, parking, public improvements, public property or rights-of-way, or other matters affecting the public health, safety, or general welfare. (3) Maintains the desired consistency of land uses, land use intensities, and land use impacts as related to the environs of the subject property. (4) The conditional use is located in an area that will be adequately served by, and will not impose an undue burden on, any of the improvements, facilities, utilities or services provided by public or private agencies serving the subject property. (5) The potential public benefits outweigh any potential adverse impacts of the proposed conditional use, after taking into consideration the applicant’s proposal and any requirements recommended by the applicant to ameliorate such impacts. Staff recommends approval of the proposed Conditional Use Permit for temporary use permit extension for outdoor staging area at 0 Lake Shore Drive (Parcel 1100950200) with the findings listed above and the following conditions: 1. The Temporary Use Permit shall expire on June 30, 2028. 2. The site shall be fully restored to pre-use conditions including replacement of any damaged lawn areas after expiration of the Temporary Use Permit. 3. Plan Commission recommended approval of the requested Conditional Use Permit with the findings and conditions on November 19, 2024. The following is Plan Commission’s discussion on the item. . 4 Site Inspections Report: Mr. Bowen, Ms. Scheuermann, Ms. Propp, Mr. Belville, Ms. Davey, Mr. Loewenstein, and Mr. Kiefer reported visiting the site. Staff report accepted as part of the record. The applicant is requesting a Conditional Use Permit (CUP) to extend a temporary use permit for outdoor equipment storage. 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 directly across the street, to the east, of the water filtration site on the east side of Lake Shore Drive. It is a 1.04-acre City-owned property with frontage on Lake Shore Drive as well as Lake Winnebago. The property is zoned Institutional (I) and includes public parking and open-space area. The applicant is planning to use Lake Shore Drive and a portion of the abutting City-owned property to the east (subject site) for temporary construction contractor staging, construction materials storage, contractors’ field offices, contractor employee parking, and construction work area adjacent to the water filtration plant during the proposed Clearwells Replacement Project. Use of the subject site for staging of vehicles/equipment/trailers requires a temporary use permit (TUP), which is limited to 90 days per calendar year, but may be extended in duration through the conditional use process. The applicant is requesting a CUP to allow for the TUP to be extended as the staging area is anticipated to be utilized from spring 2025 through spring 2028. Staff is supportive of the TUP extension as the use of this staging area is necessary for the City Clearwell project to be completed. Staff is recommending conditions that the TUP expire on June 30, 2028 and the area be returned to pre-use conditions including repair of any damaged lawn areas. Staff recommends approval of the proposed CUP with the findings and conditions listed in the staff report. Mr. Perry opened up technical questions to staff. Mr. Bowen wondered about the staging area and how much it would be impacted physically. Mr. Gohde stated for staging, what we're proposing is to primarily utilize that surface to put storage on, put the job trailers on, so the contractor has a hard surface to be on, and make less of a mess. Certainly, it is going to get very beat up over the course of construction with heavy equipment and other things being on there. There could be portions of it, certainly as we need to excavate through we're putting in utilities, that get tore up and have to be patched back in. The intent is to use it as a working surface. We are going to maintain that shoreline open so that people could walk along the shoreline, at least on the grass, if they want, with the exception of when the storm sewer outfall is being installed. . 5 Mr. Bowen wondered if there will be availability to use the shoreline, and ability for traffic to circulate during the process. Mr. Gohde stated that during construction, it's going to be closed to all non-construction. People will be able to get down the sidewalk on the south side of Washington Avenue to the lake shore. The fence will be off the shoreline a bit so that people could walk the grass. It's not going to be an ADA-accessible route or anything by any means, but if people want to get along the shoreline, they would have that ability. We want to have the fence up to keep the construction confined so there is less impact to some of the grass and trees that are in that area. Mr. Perry opened the public hearing and asked if the applicant wished to make a statement. Linda Moore, Project Manager for Jacobs Engineering Group, stated the design team does not have additional technical information, but she’d be happy to answer questions about how this area will be used during construction. Mr. Perry asked if any members of the public wished to speak. Mr. Perry closed the public hearing. There was no closing statement from the applicant. Motion by Propp to adopt the findings and recommendation as stated in the staff report. Seconded by Scheuermann. Mr. Perry asked if there was any discussion on the motion. Ms. Propp stated that the obvious beating up of Lake Shore Drive with all this staging equipment and big equipment, it's just going to lend itself well to re-envisioning Lake Shore Drive in the kind of way that I think the neighbors would like to see. Mr. Perry stated while he is disappointed that ADA access may be limited, I think that would probably be minor compared to the overall scope of the project. Motion carried 8-0. Sign_______ Staff ________ Date Rec’d ________ City of Oshkosh Application Conditional Use Permit **PLEASE TYPE OR PRINT USING BLACK INK** APPLICANT INFORMATION Petitioner: ____Linda Mohr, PE, Jacobs Engineering Group, Inc. __________________________ Date: _10/29/2024_______ Petitioner’s Address: _1610 N. 2nd Street, Suite 201__ City: _Milwaukee______ State: _WI _ Zip: _53212________________ Telephone #: (414 ) _702-7756________ Email: _linda.mohr@jacobs.com_____ Contact preference:  Phone X Email Status of Petitioner (Please Check):  Owner X Representative  Tenant  Prospective Buyer Petitioner’s Signature (required): _______________________________________________________________ Date: ____________ OWNER INFORMATION Owner(s): ____Steve Ghode, Assistant Director of Public Works/Utilities General Manager_____ Date: _10/29/2024____ Owner(s) Address: __215 Church Avenue, PO Box 1130_______ City: _Oshkosh____________ State: _WI__ Zip: 54903-1130 Telephone #: (920) _236-5165_________ Email: _sgohde@oshkoshwi.gov___ Contact preference:  Phone X Email Ownership Status (Please Check):  Individual  Trust  Partnership  Corporation X Other (Public Water System) 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: ____ Linda Mohr, PE ________________________________________ Date: _ 10/28/2024 _ SITE INFORMATION Address/Location of Proposed Project: City of Oshkosh Water Filtration Plant, 425 Lake Shore Drive, Oshkosh, WI 54901 Proposed Project Type: ___Large Scale Public Services and Utilities _____________________________________________ Estimated Cost: ___$37.4M ____________________________________________________________________________________ Current Use of Property: ___Public water supply, treatment, and conveyance ____________Zoning: __I-PD__________ Land Uses Surrounding Your Site: North: _____1 ____________________________________________________________ South: _____SR9-LRO and UMU-PD ________________________________________ East: _____1 _____________________________________________________________ West: _____SR9-LRO ______________________________________________________ **Please note that a meeting notice will be mailed to all abutting property owners regarding your request.  It is recommended that the applicant meet with Planning Services staff prior to submittal to discuss the proposal.  Application fees are due at time of submittal. Make check payable to City of Oshkosh.  Please refer to the fee schedule for appropriate fee. FEE IS NON-REFUNDABLE For more information please the City’s website at www.ci.oshkosh.wi.us/Community_Development/Planning.htm SUBMIT TO: Dept. of Community Development 215 Church Ave., P.O. Box 1130 Oshkosh, Wisconsin 54903-1130 Room 204 PHONE: (920) 236-5059 Email: planning@ci.oshkosh.wi.us 偡来‴ 2 Briefly explain how the proposed conditional use will not have a negative effect on the issues below. 1. Health, safety, and general welfare of occupants of surrounding lands. The Lake Shore Drive area is surrounded by Merritt Avenue, Lake Winnebago shoreline and park area, Washington Avenue, and the Water Filtration Plant. There are no occupants of adjacent lands; however, members of the community recreate in area by parking along Lake Shore Drive or visiting the park area east of Lake Shore Drive. 2. Pedestrian and vehicular circulation and safety. The proposed conditional use is for an active heavy construction site to implement the Clearwells Replacement Project, pedestrian and vehicular circulation on Lake Shore Drive will be prohibited and controlled with signage, fencing, and barricades. Pedestrian access to the Charles Schurz monument, the park area and the shoreline east of Lake Shore Drive will be maintained during the temporary use of Lake Shore Drive for construction. 3. Noise, air, water, or other forms of environmental pollution. The City’s standard requirement for controlling construction noise, dust, pollution, and other potential disturbance to the community are conditions of the Clearwells Replacement Project (Project) construction contract. Construction site storm water, erosion, and sediment control Project are described in the Project Storm Water Management and Erosion and Sediment Control Plan submitted with the Site Plan Review and General Planned Development-Specific Implementation Plan. 4. The demand for and availability of public services and facilities. The proposed conditional use will have demand for temporary electrical and cable service for the construction field offices. 5. Character and future development of the area. The southern portion of the Lake Shore Drive will serve as the location for construction field offices and contractor staging. The area will surrounded by security fencing with signs prohibiting unauthorized access. The northern portion of Lake Shore Drive will serve as the location for contractor employee parking and to provide access for delivery of chemicals and other goods used for the operation and maintenance of the WFP. This area will also be secured with fencing and signs prohibiting unauthorized access. SUBMITTAL REQUIREMENTS – Must accompany the application to be complete. (Submit only digital files. If file size exceeds 10 mb, please send through a file transfer. Please note at the discretion of Community Development staff may request a hard copy)  A narrative of the proposed conditional use and project including : See attached permit application narrative.  Proposed use of the property  Existing use of the property  Identification of structures on the property and discussion of their relation to the project  Projected number of residents, employees, and/or daily customers  Proposed amount of dwelling units, floor area, landscape area, and parking area expressed in square feet and acreage to the nearest one-hundredth of an acre  Effects on adjoining properties to include: noise, hours of operation, glare, odor, fumes, vibration, etc.  Surrounding land uses  Compatibility of the proposed use with adjacent and other properties in the area.  Traffic generation  Any other information pertinent to adequate understanding of the intended use and its relation to nearby properties  A complete site plan including: X Digital plans and drawings of the project – Provided with Site Plan Review (SPR) and General Planned Development (GPD)-Specific Implementation Plan (SIP) Applications. X Title block that provides all contact information for the petitioner and/or owner, if different. See Project Drawings provided with SPR and GPD-SIP Applications. X Full name and contact information of petitioner’s engineers/surveyors/architects, or other design professionals used in the plan preparation. See engineers’ and architect’s professional seals on Project Drawings title sheet. X The date of the original plan and latest date of revision to the plan. October 15, 2024. X A north arrow and graphic scale. Said scale is not to be smaller than one inch equals sixty feet (1”=60’) unless otherwise approved by the Department of Community Development prior to submittal See Civil Drawings provided with SPR and GPD-SIP Applications. X All property lines and existing and proposed right-of-way lines with bearings and dimensions clearly labeled See Civil Drawings provided with SPR and GPD-SIP Applications. X All required and proposed building setbacks and offset lines See Figure FD-1 and Project Drawings provided with SPR, GPD-SIP Applications 偡来‵ 3  All existing and proposed buildings, structures, and paved areas, including building entrances, walks, drives, decks, patios, fences, walls. See attached Conditional Use Permit Site Plan.  Location of all outdoor storage and refuse disposal areas and the design and materials used for construction See attached Conditional Use Permit Site Plan.  Location and dimension of all on-site parking (and off-site parking provisions if they are to be employed), including a summary of the number of parking stalls provided per the requirements of Section 30-175 City of Oshkosh Zoning Ordinance See attached Conditional Use Permit Site Plan.  Location and dimension of all loading and service areas on the subject property Not applicable to Project conditional temporary use of Lake Shore Drive area for construction and contractor staging.  Location, height, design, illumination power and orientation of all exterior lighting on the property including a photometrics plan The temporary use of the Lake Shore Drive area for construction and contractor staging does not require the addition of lighting.  Location of all exterior mechanical equipment and utilities and elevations of proposed screening devices where applicable (i.e. visible from a public street or residential use or district). Mechanical equipment includes, but is not limited to; HVAC equipment, electrical transformers and boxes, exhaust flues, plumbing vents, gas regulators, generators Not applicable to the Project. Not applicable to Project conditional temporary use of Lake Shore Drive area for construction and contractor staging.  A complete landscaping plan including (If deemed necessary by Planning Services):  The location, species, and installation size of plantings.  A table summarizing all proposed species and required and provided landscaping points for all applicable landscaping components: building foundation, paved areas, street frontages, yards, bufferyards. Not applicable to Project conditional temporary use of Lake Shore Drive area for construction and contractor staging.  Architectural plan including a percentage breakdown of exterior materials applied to each building façade (if deemed necessary by Planning Services). Not applicable to Project conditional temporary use of Lake Shore Drive area for construction and contractor staging.  Any other necessary information as determined during pre-submittal meeting with City staff. Planning Staff may waive certain requirements if deemed not applicable to the project review. I hereby certify that to the best of my knowledge all required application materials are included with this application. I am aware that failure to submit the required completed application materials may result in denial or delay of the application request. Applicant’s Signature (required): ___Linda Mohr, PE ________________ Date: ____10/29/2024 ________ 偡来‶ Page 7 4 2 5 42 0 ME R R IT T AVMERRITT AV LL AA KK EE SS HH OO RR EE DD RR WA S H I N G T O N AVWASHINGTON AV O s h k o s h C it y L i m it O s h k o s h C it y L i m it L:\GIS_Maps\Planning Base Map - For Windows 10.mxd User: katrinam 0 L ake Sh ore Driv e,Parcel 11 00 95 02 0 0 City of Oshkosh maps and data are intended to be used for general identification purposes only, and theCity of Oshkosh assumes no liability for the accuracy of the information. Those using the information areresponsible for verifying accuracy. For full disclaimer please go to www.ci.oshkosh.wi.us/GISdisclaimer Printing Date: 10/22/2024 1 in = 80 ft1 in = 0.02 mi¯ 10 0 10 20 30 40 50 60 70 80 901001101201301405 Feet Prepared by: City of Oshkosh, WI Page 8 Page 9 11.19.2024 PLAN COMMISSION. CONDITIONAL USE PERMIT FOR 0 LAKE SHORE DRIVE, PARCEL 1100950200. GDP, SIP, AND ARCHITECTURAL BUILDING REVIEW FOR 425 LAKE SHORE DRIVE. Notices mailed to: Owner Name Mailing City State Zip DREW J PIETENPOL 1103 WASHINGTON AVE OSHKOSH WI 54901 NATHANIEL J/AMANDA J FRANK 1111 WASHINGTON AVE OSHKOSH WI 54901 ROGER D FRIKART/KAREN E BARTER 1115 WASHINGTON AVE OSHKOSH WI 54901 JAMES W KREUTER 505 PO BOX QUILCENE WA 98376 GABRIEL LOIACONO/ANDREA JAKOBS 1209 WASHINGTON AVE OSHKOSH WI 54901 RONALD B/NANCY L MARKS LIVING TRUST 1213 WASHINGTON AVE OSHKOSH WI 54901 DAVID LELINSKI 1217 WASHINGTON AVE OSHKOSH WI 54901 MICHAEL J/JULI J ZINTH 1225 WASHINGTON AVE OSHKOSH WI 54901 ROMUALD B SIMEONE ETAL L TRUST 1231 WASHINGTON AVE OSHKOSH WI 54901 MALLORY H GARDAS 367 ROSALIA ST OSHKOSH WI 54901 THOMAS J ROTHE 363 ROSALIA ST OSHKOSH WI 54901 MOSES I/REBECCA M COHEN 3170 BAILEY CT OSHKOSH WI 54904 JOEL/CARRIE HOGAN 1352 CONGRESS AVE OSHKOSH WI 54901 MIDSTATE PROPERTY MANAGEMENT LLC 630 STARBOARD CT W UNIT A OSHKOSH WI 54901 MELISSA A BISCHOFF 1224 WINNEBAGO AVE OSHKOSH WI 54901 EK REAL ESTATE FUND I LLC PO BOX 818081 CLEVELAND OH 44181 ANGELA MASTERS 1212 WINNEBAGO AVE OSHKOSH WI 54901 LANE C KLINE 1208 WINNEBAGO AVE OSHKOSH WI 54901 TODD S MOXHAM 1202 WINNEBAGO AVE OSHKOSH WI 54901 STEPHANY LEURQUIN 1132 WINNEBAGO AVE OSHKOSH WI 54901 GAYLE V RIOUX LIVING TRUST 1126 WINNEBAGO AVE OSHKOSH WI 54901 KIM S HOEPER 372 ROSALIA ST OSHKOSH WI 54901 KATHLEEN R EVENS/MARGARET E OHARA 1303 WASHINGTON AVE OSHKOSH WI 54901 SHAHNAZ SHAKIBAIAN 6641 N CRULL CT EVANSVILLE WI 53536 ERIK D/MANDY S STIEG 1313 WASHINGTON AVE OSHKOSH WI 54901 WILLIAM R KITZ 1317 WASHINGTON AVE OSHKOSH WI 54901 JENNIFER A ZIEMER 1321 WASHINGTON AVE OSHKOSH WI 54901 LAWRENCE TRIPP II/MIRANDA BROWN 1325 WASHINGTON AVE OSHKOSH WI 54901 KELLY M LUADERS 1331 WASHINGTON AVE OSHKOSH WI 54901 ANDREW J/KAREN L LEAVITT 1337 WASHINGTON AVE OSHKOSH WI 54901 KATHLEEN E CORLEY/DAVID SCHUHART 1343 WASHINGTON AVE OSHKOSH WI 54901 LUANNE M LAIB 1347 WASHINGTON AVE OSHKOSH WI 54901 BRITTNEY WALLIN 1355 WASHINGTON AVE OSHKOSH WI 54901 GORDON N/ELIZABETH L HINTZ 1361 WASHINGTON AVE OSHKOSH WI 54901 DUSTIN M HACKBARTH/ERICA H WILLEFORD 1369 WASHINGTON AVE OSHKOSH WI 54901 KOCH LIVING TRUST 315 LAMPERT ST OSHKOSH WI 54901 RENEE J LARSON 1366 WINNEBAGO AVE OSHKOSH WI 54901 SABRYNNA S YOUNG 1362 WINNEBAGO AVE OSHKOSH WI 54901 MARY LOUISE LEWIS 1350 WINNEBAGO AVE OSHKOSH WI 54901 MARY LOUISE LEWIS 9 CHEROKEE CIR UNIT 102 MADISON WI 53704 ANDREW P/AMY M JONES 766 BLACK WOLF AVE OSHKOSH WI 54902 LOGAN HAACK 1340 WINNEBAGO AVE OSHKOSH WI 54901 THOMAS/CINDY BAUER 1338 WINNEBAGO AVE OSHKOSH WI 54901 MICHAEL L PARKER 1322 WINNEBAGO AVE OSHKOSH WI 54901 DEVON E/SUSAN K JONES PO BOX 166 OSHKOSH WI 54903 PHILIP S BOYLE 1312 WINNEBAGO AVE OSHKOSH WI 54901 11.19.2024 PLAN COMMISSION. CONDITIONAL USE PERMIT FOR 0 LAKE SHORE DRIVE, PARCEL 1100950200. GDP, SIP, AND ARCHITECTURAL BUILDING REVIEW FOR 425 LAKE SHORE DRIVE. Notices mailed to: Owner Name Mailing City State Zip XO LOR/BOR YANG 1316 WINNEBAGO AVE OSHKOSH WI 54901 TODD AREND 360 ROSALIA ST OSHKOSH WI 54901 ANDREA L BREM 362 ROSALIA ST OSHKOSH WI 54901 PAUL F/HADLEY C BURGER 366 ROSALIA ST OSHKOSH WI 54901 CATHERINE M LINDSAY LIVING TRUST 368 ROSALIA ST OSHKOSH WI 54901 WFW ENTERPRISES LLC 1373 WAUGOO AVE OSHKOSH WI 54901 THAO YANG/NENG XIONG 1119 WINNEBAGO AVE OSHKOSH WI 54901 DENNIS F RIOUX/STACEY A OTTO 1121 WINNEBAGO AVE OSHKOSH WI 54901 DAYANA DUARTE/JAZZRIC OROZCO 1125 WINNEBAGO AVE OSHKOSH WI 54901 JAMES R STEINBERG 651 FRANKLIN ST OSHKOSH WI 54901 MATTHEW/LISA HOERRES 1207 WINNEBAGO AVE OSHKOSH WI 54901 DAVID M JONES LIVING TRUST 1209 WINNEBAGO AVE OSHKOSH WI 54901 DAVID D PETERSON 1217 WINNEBAGO AVE OSHKOSH WI 54901 JOHN P RASMUSSEN 4062 OREGON ST OSHKOSH WI 54902 THOMAS/CARRI JANKOWSKI 1225 WINNEBAGO AVE OSHKOSH WI 54901 SPIEGELBERG ENTERPRISES 934 S WESTFIELD ST OSHKOSH WI 54902 ADAM A SASSE 4655 STAR SPANGLED TRL MADISON WI 53718 SARAH WOLLNER 341 ROSALIA ST OSHKOSH WI 54901 JOSEPH A MATUSINEC JR REV TRUST 337 ROSALIA ST OSHKOSH WI 54901 ALEX J/MEGAN L DREIKOSEN 333 ROSALIA ST OSHKOSH WI 54901 JAMES M PECK/JUDY HILLHOUSE 329 ROSALIA ST OSHKOSH WI 54901 NEDRA MCGONIGLE 327 ROSALIA ST OSHKOSH WI 54901 JASON L PAGE 323 ROSALIA ST OSHKOSH WI 54901 DEBRA K CRAM 1220 SCHOOL AVE OSHKOSH WI 54901 JOSEPH A/JODY A ROBL 4117 ALIDA LN OSHKOSH WI 54904 DENNIS P MCCARTHY 1210 SCHOOL AVE OSHKOSH WI 54901 WILLIAM/JULIA KNUDSON 1202 SCHOOL AVE OSHKOSH WI 54901 ANN/PETER & JEFFREY ALBRIGHT REV TRUST 354 LEGION PL OSHKOSH WI 54901 CHARLES DAHLKE TRST/ABBY FRUCHT TRST 350 LEGION PL OSHKOSH WI 54901 TIMOTHY PAULSEN/CHRISTIE M DEMOSTHENOUS 344 LEGION PL OSHKOSH WI 54901 WILLIAM H CARVER 336 LEGION PL OSHKOSH WI 54901 ROBERT H/IDA HETZEL 332 LEGION PL OSHKOSH WI 54901 STEVE A JIRSCHELE 8348 OAKWOOD AVE NEENAH WI 54956 DAVID J/JANET S VROMAN 347 LEGION PL OSHKOSH WI 54901 STUART N/SUE A SCHROTTKY LIFE ESTATE 339 LEGION PL OSHKOSH WI 54901 ERIC R/HANNAH N SCHUELER 352 ROSALIA ST OSHKOSH WI 54901 SUSAN T ERTMER 348 ROSALIA ST OSHKOSH WI 54901 JAMES R JUNGWIRTH 346 ROSALIA ST OSHKOSH WI 54901 MICHAEL G CHIVINGTON/MORGAN K STRASSER 344 ROSALIA ST OSHKOSH WI 54901 ALLEN/JENNIFER A NEWELL 336 ROSALIA ST OSHKOSH WI 54901 WILLIAM B/JILL M POWERS JR 332 ROSALIA ST OSHKOSH WI 54901 ALAN/ELLEN IVES 328 ROSALIA ST OSHKOSH WI 54901 SALBEGO PROPERTIES LLC 1335 WINNEBAGO AVE OSHKOSH WI 54901 AACE INVESTMENTS LLC 1840 EVANS ST OSHKOSH WI 54901 KYLE J NICHOL/CHELSEA L RULE 1329 WINNEBAGO AVE OSHKOSH WI 54901 CHRISTOPHER D/KARIE D RESCH 1339 WINNEBAGO AVE OSHKOSH WI 54901 11.19.2024 PLAN COMMISSION. CONDITIONAL USE PERMIT FOR 0 LAKE SHORE DRIVE, PARCEL 1100950200. GDP, SIP, AND ARCHITECTURAL BUILDING REVIEW FOR 425 LAKE SHORE DRIVE. Notices mailed to: Owner Name Mailing City State Zip JOSHUA M DUTKO/JILL A WOJCIECHOWSKI 1345 WINNEBAGO AVE OSHKOSH WI 54901 MICHAEL J ULRICH 1349 WINNEBAGO AVE OSHKOSH WI 54901 RONALD G/MARLO D GARRETT 1228 GILBERT CIR OREM UT 84057 JACK R/COURTNEY WILLERT 1359 WINNEBAGO AVE OSHKOSH WI 54901 WALTER L WARREN 1367 WINNEBAGO AVE OSHKOSH WI 54901 KATHLEEN GROFF LIFE ESTATE 1371 WINNEBAGO AVE OSHKOSH WI 54901 JAMES L BASILIERE SURVIVORS TRUST 1370 RAHR AVE OSHKOSH WI 54901 STEVEN/MARY E YOBLONSKI 1358 RAHR AVE OSHKOSH WI 54901 ROBERT L/MARY L HOFFMAN TRUST 1348 RAHR AVE OSHKOSH WI 54901 GENE J BOYCE 1342 RAHR AVE OSHKOSH WI 54901 WANDA MAE ROBINSON 1338 RAHR AVE OSHKOSH WI 54901 MICHAEL E/MORGAN E WARNKE 1334 RAHR AVE OSHKOSH WI 54901 KEITH A/STACY M FREY 1330 RAHR AVE OSHKOSH WI 54901 RANDY L SCHNEIDER 1328 RAHR AVE OSHKOSH WI 54901 KRISTI S KOLASKE 1324 RAHR AVE OSHKOSH WI 54901 CARRIE A BROOKS/ROBERT W MCCLORY SR 1320 RAHR AVE OSHKOSH WI 54901 LUCY A GEORGE 1318 RAHR AVE OSHKOSH WI 54901 REBECCA R PAYNE 1314 RAHR AVE OSHKOSH WI 54901 JAMES R/PATTI STRASSER 1312 RAHR AVE OSHKOSH WI 54901 ROGER A GUSE 1359 RAHR AVE OSHKOSH WI 54901 TOSHA M TESSEN/SHAUN HICKEY 1353 RAHR AVE OSHKOSH WI 54901 RALPH D DEDECKER/PATTI J MORTENSON 1347 RAHR AVE OSHKOSH WI 54901 ROBERT W MAURITZ 102 8TH AVE ANTIGO WI 54409 DEREK S/CANDACE D WALTER 3827 LOYOLA LN CLOVIS CA 93619 JUSTINE STOKES 1333 RAHR AVE OSHKOSH WI 54901 PAUL W/REBECCA M PIECHOWSKI 1331 RAHR AVE OSHKOSH WI 54901 ROBERT PILLSBURY/SAMARA HAMZE 1327 RAHR AVE OSHKOSH WI 54901 REUBEN L STACHE 1325 RAHR AVE OSHKOSH WI 54901 ROBERT J MCLAREN 1321 RAHR AVE OSHKOSH WI 54901 CALLI S DOBERSTEIN 1319 RAHR AVE OSHKOSH WI 54901 LANDON C FISHER 1315 RAHR AVE OSHKOSH WI 54901 WILLIAM G/PAULA S TELLOCK 1311 RAHR AVE OSHKOSH WI 54901 3710 LISBON LLC 333 BISHOPS WAY STE 141 BROOKFIELD WI 53005 KEY INVESTMENTS LLC W6154 MAPLE BLUFF LN MENASHA WI 54952 JAMES E LARSON 1369 RAHR AVE OSHKOSH WI 54901 THOMAS J/MOLLY MOORE IRREVOCABLE TRUST 1122 WASHINGTON AVE OSHKOSH WI 54901 J PETER/ KAROLA H JUNGBACKER 1128 WASHINGTON AVE OSHKOSH WI 54901 JEFFREY W PICKRON/MICHELLE M KUHL 415 HAZEL ST OSHKOSH WI 54901 KEVIN PAULSON 451 HAZEL ST OSHKOSH WI 54901 PAUL M/COURTNEY L VANAUKEN 1125 MERRITT AVE OSHKOSH WI 54901 URSULA E/KATHRYN M KLEIN 1121 MERRITT AVE OSHKOSH WI 54901 WALTER K MANES 445 HAZEL ST OSHKOSH WI 54901 TOU KONG/LINDA CHANG 437 HAZEL ST OSHKOSH WI 54901 AUSTIN/RACHEL SCHULZ 423 HAZEL ST OSHKOSH WI 54901 S JUSTIN/CORINE L GENGO 427 HAZEL ST OSHKOSH WI 54901 KARL E BOEHLER 1203 MERRITT AVE OSHKOSH WI 54901 11.19.2024 PLAN COMMISSION. CONDITIONAL USE PERMIT FOR 0 LAKE SHORE DRIVE, PARCEL 1100950200. GDP, SIP, AND ARCHITECTURAL BUILDING REVIEW FOR 425 LAKE SHORE DRIVE. Notices mailed to: Owner Name Mailing City State Zip DAVID F FISS 1207 MERRITT AVE OSHKOSH WI 54901 CHELSEA NACKERS/ANTHONY LUTZ 1211 MERRITT AVE OSHKOSH WI 54901 DAVID J/VALERIE J WATKINS 1219 MERRITT AVE OSHKOSH WI 54901 BOSILJKA/JELKA CUCUZ 450 HAZEL ST OSHKOSH WI 54901 MAUWA K SAIDI/FITINA KASUBI 446 HAZEL ST OSHKOSH WI 54901 MICHAEL/LUANNE GOSPODAREK LIVING TRUST 440 HAZEL ST OSHKOSH WI 54901 ERIC R/COREE E VANTHIEL 432 HAZEL ST OSHKOSH WI 54901 MARILYN H SCHULER 1221 MERRITT AVE OSHKOSH WI 54901 DAVID M/MARGOT HIRSCH 8037 N SANTA MONICA BLVD MILWAUKEE WI 53217 JILL A ANDERSON 1229 MERRITT AVE OSHKOSH WI 54901 CODY/MELINDA ANDERSON 1237 MERRITT AVE OSHKOSH WI 54901 LINDA L ROBINSON/MICHELLE A TRAYER 1243 MERRITT AVE OSHKOSH WI 54901 ERIC D KOPPA/KIRSTIN M IHDE 1249 MERRITT AVE OSHKOSH WI 54901 STEPHEN M/ELIZABETH A MCCABE 1255 MERRITT AVE OSHKOSH WI 54901 BRADLEY J HUNTER 1306 WASHINGTON AVE OSHKOSH WI 54901 JEFFREY S/SANDI B DAVIS 1302 WASHINGTON AVE OSHKOSH WI 54901 BETH C HUBBARD 1318 WASHINGTON AVE OSHKOSH WI 54901 MEERKAT MANOR 2017 REV TRUST 1234 WASHINGTON AVE OSHKOSH WI 54901 ANN M STILP 1222 WASHINGTON AVE OSHKOSH WI 54901 KIRSTEN D BUCKSTAFF 1212 WASHINGTON AVE OSHKOSH WI 54901 RONALD A HEILMANN JR 1200 WASHINGTON AVE OSHKOSH WI 54901 PETER MALCHOW/J MACKLIN 420 HAZEL ST OSHKOSH WI 54901 ROBERT L ASKINS/JILL E ROSENTHAL 424 HAZEL ST OSHKOSH WI 54901 GEORGE H/BEVERLY K DAKIN REV TRUST 1246 WASHINGTON AVE OSHKOSH WI 54901 SEAN W BUTLER/DENISE ROBSON 1263 MERRITT AVE OSHKOSH WI 54901 RYAN L SKIVER 1275 MERRITT AVE OSHKOSH WI 54901 ERIC E/JEANNE G HIATT 1271 MERRITT AVE OSHKOSH WI 54901 MICHAEL D RUST 1267 MERRITT AVE OSHKOSH WI 54901 JEREMY A LONG/ASHLEY HOWELL 447 LINDE ST OSHKOSH WI 54901 JUDITH K BRITTON 437 LINDE ST OSHKOSH WI 54901 HENRY C MATHEWSON 433 LINDE ST OSHKOSH WI 54901 JENNIFER E MARTY 429 LINDE ST A OSHKOSH WI 54901 CHARLES A/MELISSA J WILLIAMS 421 LINDE ST OSHKOSH WI 54901 DYLAN CHUMURA-MOORE/SHARON TENHUNDFELD 415 LINDE ST OSHKOSH WI 54901 JEFFREY A SCHINKER 1324 WASHINGTON AVE OSHKOSH WI 54901 PATRICK J/KIRSTEN V BRUESKE 543 HAZEL ST OSHKOSH WI 54901 PA SHOUA VANG 539 HAZEL ST OSHKOSH WI 54901 LISA M DORSCHNER 531 HAZEL ST OSHKOSH WI 54901 LACINDA S ANDERSON 525 HAZEL ST OSHKOSH WI 54901 GABRIEL G/KRISTEN G GRANT 519 HAZEL ST OSHKOSH WI 54901 WENDY M STELZER 1122 MERRITT AVE OSHKOSH WI 54901 PHILIP R/LINDA A BAETEN LIVING TRUST 1112 MERRITT AVE OSHKOSH WI 54901 JEREMY/KATHERINE LOFTON 1216 MERRITT AVE OSHKOSH WI 54901 MENOM SOUTH NBHD ASSOC EMAILED STEVENS PARK NBHD ASSOC EMAILED MER RIT T AV LAM P E RT S T LINDE ST L A K E S H O R E D R WA SH I NG TO N AV Oshkosh Oshkosh City Limit City Limit O s h k o s h C it y L i m it O s h k o s h C it y L i m it MenomineePark 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: 10/22/2024 1 in = 120 ft 1 in = 0.02 mi¯BASE 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 14 MERRITT AV OTTER AV BAB BITZ AV MERRITT AV WINNEBAGO AV WAUGOO AV FLUOR CT LANE ST RAHR AV LEGION PL MILL ST OTTER AV SWEET ST E PAR KWAY AV CLEVELAND AV LAMPER T ST E IRVING AV GROV E ST EV ANS ST OAK ST EPARKW A Y A V MERRITT AV BOYD ST LINDE ST SCHOOL AV ROSALIA ST OAK ST SIEWERTTR SIEWERTTR P R A T T T R P R ATTTR L A K E S H O R E D R E IRVING AV WASHINGTON AV CEAPE AV BOWEN ST HAZEL ST OshkoshOshkoshCity LimitCity Limit O s h k o s h C i t y L i m i tOshkosh C i t y L i m i t Oshkosh City Limit Oshkosh City Limit DR-6-PD I I I I I I-PD MR-20 MR-20 MR-36-PD SR-9 SR-9-LRO TR-10 TR-10 TR-10-PD UMU UMU UMU-PD UMU-PD J:\GIS\Planning\Plan Commission Site Plan Map Template\2023 Plan Commission Site Plan Map Template.mxd User: katrinam Prepared by: City of Oshkosh, WI Printing Date: 10/22/2024 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. 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Forfull disclaimer please go to www.ci.oshkosh.wi.us/GISdisclaimer Page 16 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 :November 26, 2024 SUB JEC T:SUB JEC T :Res 24-636 Approve Partial Land Acquisitions at 3277 and 3290 Meadowbrook Road (Plan Commission Recommends Approval) B A C KGRO UN DBACKGROUND The subject area involves two properties located between two road segments of Meadowbrook Road. The purpose of this land acquisition is to connect both sections of Meadowbrook Road to make a through street. The street extension of Meadowbrook Road was first identified on Certified Survey Map number 492 recorded in 1978 which reserved the south 33-foot portion of 3290 Meadowbrook Road for street purposes. In 2005, The Second Addition to Pheasant Creek Farm Subdivision was recorded which included a segment of Meadowbrook Road purposely located where the two segments would be able to connect and provide the subdivision additional access to an arterial street (West 9th Avenue). The reason for the delay in the City taking this action is that both of these properties were in the Town of Algoma until 2023 but were attached to the city on March 1, 2023 as part of the Town of Algoma and City of Oshkosh Cooperative Boundary Agreement. Now that the properties are in the City, as well as lands further west, the City can now plan for extending municipal utilities (water main and sanitary sewer) and municipal streets. The surrounding area consists of single-family uses with a platted residential subdivision to the east and a more rural-style residential development to the west. The 2040 Comprehensive Plan identifies the area suitable for light density residential development. A N A L Y SI SANALYSIS The two proposed land acquisitions will extend the 66-foot right-of-way from the west to the west end of the east segment of Meadowbrook Road, connecting to its 60-foot right-of-way. 3277 Meadowbrook Road will be dedicating a 33.01-foot by 214.52-foot, 7,081 square foot area while 3290 Meadowbrook Road will be dedication a 241.75-foot by 33.00-foot, 7,978 square foot area. Once the land acquisitions are complete, the City will dedicate the land as public right-of-way. This will enable the City to extend the water main, sanitary sewer and storm sewer to serve former town properties along Meadowbrook Road. The street connection will also provide the subdivision an additional access to West 9th Avenue. This review and subsequent approval by the Common Council is the first step for the City to acquire these properties. The City is required to follow the acquisition process as required by state statute. FI SC A L I M P A CTFISCAL I M P A C T There is no fiscal impact at this time. As the Department of Public Works and their real estate consultant move forward with the process, the acquisition will be on a future Council agenda which will include the fiscal impact. REC O M M E N D A TI ONRECOMMENDATION Plan Commission recommended approval of the partial land acquisitions on November 19, 2024. Please see the attached staff report and meeting minutes for more information. A t t a chment sAttachments RES 24-636 Land Acq - Meadowbrook Rd 11/26/2024 24-636 RESOLUTION     CARRIED 7-0     PURPOSE: APPROVE LAND ACQUISITIONS AT 3277 AND 3290 MEADOWBROOK ROAD INITIATED BY : CITY OF OSHKOSH – DEPARTMENT OF PUBLIC WORKS   PLAN COMMISSION RECOMMENDATION: Approved           WHEREAS, the Department of Community Development has determined it is in the best interest of the City of Oshkosh to acquire additional land for the purpose of connecting both sections of Meadowbrook Road to make a through street; and     WHEREAS, completion of said project requires the acquisition of two partial properties located between two road segments of Meadowbrook Road; equaling 15,056 square feet to be dedicated to the public. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that the proper City officials are hereby authorized and directed to acquire two partial properties located at 3277 and 3290 Meadowbrook Road, per the attached map, for the purpose of purpose of connecting both sections of Meadowbrook Road to make a through street.  NOW, THEREFORE BE IT RESOLVED by the Common Council of the City of Oshkosh that the proper City officials are hereby authorized and directed to acquire said properties and execute any and all documents necessary to consummate this transaction.   ITEM: DETERMINE NECESSITY TO ACQUIRE AND APPROVE PARTIAL LAND ACQUISITIONS AT 3277 AND 3290 MEADOWBROOK ROAD Plan Commission Meeting of November 19, 2024. GENERAL INFORMATION Applicant: City of Oshkosh - Department of Public Works Property Owners: Daniel P Binder Revocable Trust, Thomas C. & Donna M. Recker Action(s) Requested: The City of Oshkosh Department of Public Works is requesting approval to acquire portions of two properties between the east and west termini of Meadowbrook Road. Applicable Ordinance Provisions: N/A Property Location and Background Information: The subject area involves two properties located between two road segments of Meadowbrook Road. The purpose of this land acquisition is to connect both sections of Meadowbrook Road to make a through street. The street extension of Meadowbrook Road was first identified on Certified Survey Map number 492 recorded in 1978 which reserved the south 33-foot portion of 3290 Meadowbrook Road for street purposes. In 2005, The Second Addition to Pheasant Creek Farm Subdivision was recorded which included a segment of Meadowbrook Road purposely located where the two segments would be able to connect and provide the subdivision additional access to an arterial street (West 9th Avenue). The reason for the delay in the City taking this action is that both of these properties were in the Town of Algoma until 2023. Now that the properties are in the City, as well as lands further west, the City can now plan for extending municipal utilities and upgrade the street to City standards. Subject Area 2 The surrounding area consists of single-family uses with a platted residential subdivision to the east and a more rural-style residential development to the west. The 2040 Comprehensive Plan identifies the area suitable for light density residential development. Existing Land Uses Zoning Single-Family Residential Single Family Residential-5 (SR-5) Adjacent Land Use and Zoning Existing Uses Zoning North Single-Family Residential Single Family Residential-5 (SR-5) South Single-Family Residential Single Family Residential-5 (SR-5) East Single-Family Residential Single Family Residential-5 (SR-5) West Single-Family Residential Single Family Residential-5 (SR-5) Comprehensive Plan Land Use Recommendation Land Use Comprehensive Plan 2040 Recommendation Light Density Residential 3 ANALYSIS The two proposed land acquisitions will extend the 66-foot right-of-way from the west to the west end of the east segment of Meadowbrook Road, connecting it to its 60-foot right-of-way. 3277 Meadowbrook Road will be dedicating a 33.01-foot by 214.52-foot, 7,081 square foot area while 3290 Meadowbrook Road will be dedication a 241.75-foot by 33.00-foot, 7,978 square foot area. Once the land acquisitions are complete, the City will dedicate the land as public right-of-way. This will enable the City to extend the water main, sanitary sewer and storm sewer to serve former town properties along Meadowbrook Road. The street connection will also provide the subdivision an additional access to West 9th Avenue. This review and subsequent approval by the Common Council is the first step for the City to acquire these properties. The City is required to follow the acquisition process as required by state statute. RECOMMENDATION/CONDITIONS Staff recommends approval of the proposed partial property acquisitions at 3277 and 3290 Meadowbrook Road as requested. Plan Commission recommended approval of the proposed partial property acquisitions on November 19, 2024. The following is Plan Commission’s discussion on the item. Site Inspections Report: Ms. Scheuermann reported visiting the site. Staff report accepted as part of the record. Draft CSM 4 The City of Oshkosh Department of Public Works is requesting approval to acquire portions of two properties between the east and west termini of Meadowbrook Road. Mr. Nau presented the items and reviewed the site and surrounding area as well as the land use and zoning classifications in this area. The subject area involves two properties located between two road segments of Meadowbrook Road. The purpose of this land acquisition is to connect both sections of Meadowbrook Road to make a through street. The street extension of Meadowbrook Road was first identified on Certified Survey Map number 492 recorded in 1978 which reserved the south 33-foot portion of 3290 Meadowbrook Road for street purposes. In 2005, The Second Addition to Pheasant Creek Farm Subdivision was recorded which included a segment of Meadowbrook Road purposely located where the two segments would be able to connect and provide the subdivision additional access to an arterial street (West 9th Avenue). The reason for the delay in the City taking this action is that both of these properties were in the Town of Algoma until 2023. Now that the properties are in the City, as well as lands further west, the City can now plan for extending municipal utilities and upgrade the street to City standards. The surrounding area consists of single-family uses with a platted residential subdivision to the east and a more rural-style residential development to the west. The 2040 Comprehensive Plan identifies the area suitable for light density residential development. The two proposed land acquisitions will extend the 66-foot right-of-way from the west to the west end of the east segment of Meadowbrook Road, connecting it to its 60-foot right-of-way. 3277 Meadowbrook Road will be dedicating a 33.01’ by 214.52’, 7,081 square foot area while 3290 Meadowbrook Road will be dedication a 241.75’by 33’, 7,978 square foot area. Once the land acquisitions are complete, the City will dedicate the land as public right-of-way. This will enable the City to extend the water main, sanitary sewer and storm sewer to serve former town properties along Meadowbrook Road. The street connection will also provide the subdivision an additional access to West 9th Avenue. This review and subsequent approval by the Common Council is the first step for the City to acquire these properties. The City is required to follow the acquisition process as required by state statute. Staff recommends approval of the proposed partial property acquisitions at 3277 and 3290 Meadowbrook Road as requested. Mr. Perry opened up technical questions to staff. Mr. Kiefer asked if the existing road is narrower than what is existing off of Heidi Haven Drive. Mr. Nau said that the standard in the Town at the time of it be constructed was 66-foot right-of- way. The city’s standard is 60-foot. The city’s extension would extend the 66-foot right-of-way away from the former town properties and will bump up against the 60-foot right-of-way. 5 Mr. Loewenstein asked if this wasn’t in the Town of Algoma’s right-of-way and why they would just leave an end of a road. He asked for clarification on the right-of-way ownership. Mr. Nau said that the portions outline in blue on the map was still development while it was in the Town of Algoma in the early 60’s. Mr. Lowenstein asked why the Town didn’t finish the right-of-way and why the City is now purchasing from the property owners. Mr. Nau said that the verbiage in the CSM said that there was a roadway constructed in front of this property and that was the reason for reserving the right-of-way for future dedication purposes since the southern portion of the property was basically acting as a public street. Mr. Lowenstein said that it was never actually a public street. Mr. Nau said that is correct, because it was never dedicated. Mr. Gierach said staff doesn’t believe the Town of Algoma had a desire to dedicate that portion as public right-of-way. This process cleans the process up and actually dedicates it as public right- of-way. Mr. Bowen asked if lot 2 of the new CSM had a reservation for dedication like lot 1. Mr. Gierach said that without knowing all of the procedures that took place when this area was developed, staff does not know if the town had a reservation or if it was assumed right-of-way. Mr. Nau said that the lot 2 is unplatted so there is no instrument that would’ve showed something like that. Mr. Perry asked if this allows for a water loop, or if there is one there currently. Mr. Gierach said there is currently not a water loop, that this dedication will facilitate staff to install water and sanitary sewer to Meadowbrook Road and Linden Oaks Drive and create a loop with 9th Ave. Mr. Perry asked if any members of the public wished to speak. Mr. Gierach said that the scope of the project is to install sanitary sewer and water main facilities along Meadowbrook Road and Linden Oaks Drive. At this time, there is no intention to install city sidewalks. The ditches will remain and the street will become asphalt. Daniel Binder, 3227 Meadowbrook Road; said he has been opposed to the annexation from the beginning. He states there were no records from the Register of Deeds in regards to the road in front of his house. It was discussed that Meadowbrook Road would be either a cul-de-sac or a 6 dead-end street. When Rusch Properties wanted to put a development in, they said they didn’t like turnaround streets or cul-de-sacs because of busses and fire departments. However, they were allowed to have 9 in their development. There was a ditch on the east side of his property that needed to be there 17 years ago, but due to the development, it was removed and now there is 6 inches of water in the yard and garage every time in rains. He wants to know why there hasn’t been discussion on costs to the property owners for acquisition of part of their property. Thomas Recker, 3290 Meadowbrook Road; said he is also opposed to the annexation and the process. They moved to Meadowbrook about 12 years prior, and they had been told eventually they would be annexed into the city. He has concerns with the costs of the project for his household, which so far will be over $75,000. He said their utilities were fine, and asked why this project needs to happen at all. He also reiterated Mr. Binder’s concerns about the compensation to the homeowners. Cheryl Spaulding, 3295 Meadowbrook Road; shared that she agrees with Mr. Binder and Mr. Recker’s concerns and doesn’t understand why there is a high cost to hook-up to city utilities when it is not needed. Mr. Perry closed public comment. Mr. Perry asked if the applicant wanted to make a final statement. Ms. Nieforth said that this is a boundary agreement that the City of Oshkosh and the Town of Algoma agreed to in 2003. There are specific zones identified and there are certain dates for attachments. Zone C, which includes the subject sites in this discussion, were annexed March 1, 2023. Mr. Gierach said that the City was contacted by one or two residents on Linden Oaks Drive who had failing septic concerns. Prior to the annexation, it was not on the City’s radar to install facilities. Once staff had been notified of the potential issues, the City started programming it into the CIP to get facilities installed. Mr. Gierach said that he cannot speak on the compensation, as this is just the beginning process to determine necessity to acquire. Once that step is completed, a land acquisition consultant will be obtained by the City to coordinate the specifics between the City and the property owners. Mr. Nielsen asked Mr. Gierach if he could expand on the residents’ questions about the requirement to connect. Mr. Gierach said that municipal code does require that within one-year of municipal facilities becoming available in front of a property, the property owner is required to have their sanitary system hooked up. The water services can go into their basement and they can still use their private well as long as they are being regularly tested. The costs are based on the City’s assessment policies. Motion by Propp to adopt the findings and recommendation as stated in the staff report. 7 Seconded by Davey. Ms. Propp asked Mr. Gierach if the city is purchasing the partial land from the property owners. Mr. Gierach said that once this process is completed, the acquisition coordinator will mediate or negotiate between the city and the property owners. Ms. Scheuermann asked if this process is considered a nicety or if the City is required to do this. Ms. Nieforth said it is a requirement. Mr. Gierach said that the City is required to have the annexation take place as part of that agreement. The City is not under any obligation to install municipal facilities to parcels, and it was not a part of any plans until staff was notified of potential septic failure. Ms. Davey asked if property owners are able to opt of the municipal facilities installation. Mr. Gierach said that the municipal code would not allow that currently. Ms. Davey said this is reminiscent of the special assessments on Clairville Road. Ms. Nieforth said it is a similar situation. Ms. Davey said she understands the contract between the Town and the City, and would like to know if there are more attachments in the works. Mr. Nau said the last one is planned for March 1, 2043. Ms. Davey asked if the property owners in that area will be notified before the attachment takes place. Mr. Nau said mailings started taking place in October 2022 to inform property owners in Zone C that this attachment was going to happen. Ms. Davey asked if that means property owners knew for a few months that the attachment was happening. Mr. Nau said that is correct. Ms. Davey asked if property owners in the next zone won’t be notified until October of 2042. Mr. Nau said that is when the city will notify them. These residents have all been flagged by Winnebago County to refer all zoning questions to the City. He mentioned that he does inform those he talks to in the office about the attachments. Property owners do have the option to attachment earlier, but not to opt out completely. 8 Ms. Davey asked if property owners chose to annex earlier, if it goes to just their property or everyone’s. Mr. Nau said it does have to be a unanimous agreement. Mr. Gierach said there are two or three properties on Linden Oaks Drive that have been in the city longer than the Zone C residents. In 2009-2019, municipal facilities were installed in the first few hundred feet because those property owners asked to be attached earlier due to septic or well failures. Ms. Davey said that there is an obligation to let homeowners or builders know that this will be taking place in 2043. Staff has said they do inform those in that area who may have zoning questions, but we do not know if everyone is telling them. Mr. Nau said that those in Zones A-D have been required to get a zoning permit through the city since the agreements were done. That is a way to inform those in the area of the attachments. Mr. Kiefer said he is concerned about the costs to the property owners and potential new developers and if new developers are paying for the city services to these annexed areas. Mr. Gierach said that is correct, though the developer could pass it along to the property owners. Mr. Loewenstein asked if the purpose of this board currently is to determine if there is a necessity to acquire these partial land acquisitions. Ms. Nieforth said correct. Mr. Perry asked if there was any discussion on the motion. Motion carried 7-1 (Perry -No) MEADOWBROOK RD ROWLAN D R D HEIDIHAV E N D R 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: 10/23/2024 1 in = 80 ft 1 in = 0.02 mi¯MEADOWBROOK RD City of Oshkosh maps and data are intended to be used for general identification purposes only, and the City of Oshkoshassumes no liability for the accuracy of the information. Those using the information are responsible for verifying accuracy. Forfull disclaimer please go to www.ci.oshkosh.wi.us/GISdisclaimer Page 4 LAND ACQUISITION PC: 11-19-2024 JOSEPH P/JOHN M KOLB 2711 KNOTT RD OSHKOSH WI 54904-9246 MAITRANG STRONG 1055 JOHN MOORE DR OSHKOSH WI 54904-5905 THAI W LO/SHENG LEE 1185 HEIDI HAVEN DR OSHKOSH WI 54904-5943 JOSEPH A BOWERS 1191 HEIDI HAVEN DR OSHKOSH WI 54904-5943 KOREY J/ANDREA M FISHER 1195 HEIDI HAVEN DR OSHKOSH WI 54904-5943 A P/S N KAMROWSKI 1235 HEIDI HAVEN DR OSHKOSH WI 54904-5945 AARON/NATASHA SARAUER 1245 HEIDI HAVEN DR OSHKOSH WI 54904-5945 HOSTAN D ALMAREE 1255 HEIDI HAVEN DR OSHKOSH WI 54904-5945 SENG B/CHAO LOR YANG 1275 HEIDI HAVEN DR OSHKOSH WI 54904-5945 LINDEN OAKS LLC 1130 N WESTFIELD ST OSHKOSH WI 54902-8700 DANIEL P BINDER REV TRUST 3277 MEADOWBROOK RD OSHKOSH WI 54904-7417 JOHN/CHERYL SPAULDING 3295 MEADOWBROOK RD OSHKOSH WI 54904-7417 M A/JENNIFER L VILLENEUVE 3292 MEADOWBROOK RD OSHKOSH WI 54904-7417 THOMAS/DONNA RECKER 3290 MEADOWBROOK RD OSHKOSH WI 54904-7418 GREEN ACRES NBHD ASSOCIATION EMAILED Page 5 HEIDI HAV EN CT MEADOWBROOK RD REBECCA R UN ST H E I D I H A V E N D R ROWLAN D R D J:\GIS\Planning\Plan Commission Site Plan Map Template\2023 Plan Commission Site Plan Map Template.mxd User: katrinam Prepared by: City of Oshkosh, WI Printing Date: 10/23/2024 1 in = 120 ft 1 in = 0.02 mi¯BASE 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 6 LINDEN OAKS DR REBECCA RUN ST MEADOWBROOK RD JIMMYS DR MOC KINGBIRD WAY NORMAN CT Q U A IL C T FOXFIREDR R U S C HFIEL D DR JOHN MOOR E DR HAYWARD AV HEID I H A V E N D R JUDY LEE DR W ILD E R N ESS PL A R N E S O N AV HOMESTEAD DRHUNTERSPL MARYS DR C ASEYTR TIMOTHY TR W HEATFIELD W AY SAGE CROSSING PAULS PL PHEASANT CREEK DR R O W LAND R D Q U A I L R UNDR WELLINGTON DR BAILEY CT FAIRFAX ST FAIRFAX ST S A W Y E R C REEK DR 9TH ST RD W 9TH AV I I I SR-2 SR-3 SR-3 SR-3 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: 10/23/2024 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 7 REBECCA R UN ST MEADOWBROOK RD H EI D I H A V E N D R ROWLAN D R D J:\GIS\Planning\Plan Commission Site Plan Map Template\2023 Plan Commission Site Plan Map Template.mxd User: katrinam Prepared by: City of Oshkosh, WI Printing Date: 10/23/2024 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 8 D A TE :D A T E :November 26, 2024 SUB JEC T:SUB JEC T :West 7th Avenue Reconstruction Update D A TE :D A T E :November 26, 2024 SUB JEC T:SUB JEC T :Presentation from Oshkosh Area Humane Society (TBD) D A TE :D A T E :November 26, 2024 SUB JEC T:SUB JEC T :City Manager Recruitment Update (Mayor Mugerauer) 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 :November 26, 2024 SUB JEC T:SUB JEC T :Professional Services Agreement with AECOM for 2025 Storm Water Management Assistance ($31,750) B A C KGRO UN DBACKGROUND The Department of Public Works requested a proposal from AECOM for storm water management assistance services for the 2025 calendar year. This agreement is a "master services" agreement to cover a variety of on-call needs that may arise during the year. Project Authorizations will be prepared for each request for services that will define the scope of services and budget to be adhered to for those services. Services provided under this agreement typically include compliance with the Municipal Separate Storm Sewer System (MS4) permit, storm water pollution management analyses, and hydrologic and hydraulic modeling analyses, among other needs that may arise. A N A L Y SI SANALYSIS AECOM was chosen for these services due to their knowledge of the City and vast experience with this type of work. 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 $31,750 and will be funded through the Storm Water Utility Operating Budget (Account #05612030-6401/Engineering & Planning-PS - Engineer/Survey/Appraisal and Account #03210410-6804-XXXXX/Contract Control-Storm Sewer-Multiple Projects. REC O M M E N D A TI ONRECOMMENDATION Cha p t er 12Chapter 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 Sect ion 12-16 Sect io n 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 Gen SW Proposal TO:Honorable Mayor and Members of the Common Council FROM:Mark Rohloff, City Manager DATE:November 26, 2024 SUBJECT:Professional Services Agreement with KL Engineering, Inc. for Transportation Engineering On- Call Assistance Services for Calendar Year 2025 ($40,000) BACKGROUND The Department of Public Works requested a proposal from KL Engineering, Inc. (KL Engineering) for transportation engineering assistance services for the 2025 calendar year. This agreement is a "master services" agreement to cover a variety of on-call needs that may arise during the year. Project Authorizations will be prepared for each request for services that will define the scope of services and budget to be adhered to for those services. Services provided under this agreement typically include traffic operational and safety studies, traffic counts, signal design and timing, roundabout and intersection design, electrical design, and intersection design and traffic study reviews, among other needs that may arise. ANALYSIS KL Engineering was chosen for these services due to their knowledge of the City and vast experience with this type of work. FISCAL IMPACT The cost of these services is estimated not to exceed $40,000 and will be funded through various sections of the Operating Budget or the Capital Improvement Program Budget, depending on the type of service requested (Account #03210410-68XX-XXXXX/Multiple Funds and #XXXXXXX-6401-XXXXX/Multiple Funds). RECOMMENDATION 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. Attachments KL Eng 2025 Trans Serv Proposal 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 :November 26, 2024 SUB JEC T:SUB JEC T :Professional Services Agreement with Donohue & Associates, Inc. for Structural Engineering Design and Construction-Related Services for 2025 Capital Improvement Projects ($60,000) B A C KGRO UN DBACKGROUND The Department of Public Works requested a proposal from Donohue & Associates, Inc. (Donohue) for structural engineering design and construction-related services for the various projects in the 2025 CIP. This agreement is intended for use as a master services agreement for engineering support services to the City. All work completed under this agreement will be completed on a task order basis when design criteria have been established for each Project needing support. A N A L Y SI SANALYSIS Donohue was chosen because of their staff's knowledge of the City and experience with this type of work. The work associated with this agreement is anticipated to be complete by the fall of 2025. 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 $60,000 and will be split among the Storm Water, Water Main, Sanitary Sewer, Transportation, and the Street Paving sections of the 2025 CIP. Funding is available in all five (5) 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. 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 :November 26, 2024 SUB JEC T:SUB JEC T :Professional Services Agreement with AECOM for 2025 Water Distribution System Leak Detection Services ($35,000) B A C KGRO UN DBACKGROUND Unidentified water loss within the water distribution system continues to be a topic of concern for the Wisconsin Department of Natural Resources (WDNR) and the Public Service Commission of Wisconsin (PSC). One of the most successful and cost-effective recommendations the Water Utility has received from the WDNR and PSC is to hire a specialized outside consultant team to perform an annual leak detection survey on our water distribution system. The purpose of the annual survey is to identify specific points of leakage that would otherwise go undetected throughout the year. Past surveys have yielded an average of 25 -- 50 different leak locations. If these locations are not detected, they have the potential of wasting 150,000 -- 400,000 gallons of water per day in unidentified water loss. As leaks are identified by the team, they are immediately communicated to Water Distribution staff for repair. The Department of Public Works has been working with AECOM on this leak detection survey program for the past fifteen (15) plus years. The program divides the City into three (3) zones, each covering approximately one-third (1/3) of the distribution system. Each zone consists of approximately one hundred (100) miles of water main. A N A L Y SI SANALYSIS The Department of Public Works requested a proposal from AECOM to perform the leak detection survey again this year due to their staff familiarity with the City of Oshkosh and our water distribution system and their past proficient experience with performing these services. FI SC A L I M P A CTFISCAL I M P A C T This year's work is estimated to cost approximately $35,000. The cost for these services is funded in the Water Utility Operating Budget (Account #05411867-6401-08673/Water Distribution Maintenance-PS - Engineer/Survey/Appraisal-Maint-Mains and #05411867-6401-08675/Water Distribution Maintenance-PS - Engineer/Survey/Appraisal-Maint-Services). REC O M M E N D A TI ONRECOMMENDATION Cha p t er 12Chapter 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 Sect ion 12-16Section 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 Leak Detect Proposal D A TE :D A T E :November 26, 2024 SUB JEC T:SUB JEC T :Outstanding Issues A t t a chment sAttachments Outstanding Issues 11.26.24 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. City was a sponsor of Dragon Boat Festival on September 14th. 12/31/2024 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. Council has approved a police officer, police sergeant, and contract social worker in 2025 budget to help connect people experiencing homelessness with needed services. 12/31/2024 Goal will carry over into 2025. 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 working with Sustainability Advisory Board (SAB) to update Sustainability Plan. 12/31/2024 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 2025-2026 budget cycle, which will begin following November elections. 1/10/2023 DPW/Legal Sanitary District Negotiations Next mediation session scheduled for late September was postponed. 11/12/2024 Closed session with Council may be needed due to postponement of mediation session. 4/16/2024 DPW & Community Development Undergrounding Utilities Council workshop held on October 22nd. 12/10/2024 Follow-up with Council planned now that workshop has been held. 5/14/2024 Transportation Parking Restrictions Review Staff analyzing Polco survey results and will forward to Council and Transportation Committee once completed. Staff will prepare options for consideration and schedule for Committee review and recommendation to Council. 12/10/2024 11/6/2024 Fire Review of Proposed Fire Training Facility and possible facility options Council established a contingency account of $7.7 million in 2025 CIP for Fire training facility or other Fire Department facility needs. 1/14/2025 Workshop with project architect and Council may be needed. 11/12/2024 Public Works West 7th Avenue reconstruction updates Continuing with updates as requested by Council. Staff continues to seek out hydrogeologist to assist. 12/10/2024 11/26/2024 4/23/2024 1/14/2025 The Development Process Improvement Assessment will analyze the development process that the City departments currently utilizes to process development projects. The Inspections Division Codes, Permits and Fees Review will analyze the Inspection Division’s codes that they administer, review the permits currently required by the Inspections Division and evaluate the permit fees and recommend fee updates. Council Meeting The City received 6 proposals for the Development Process Improvement Assessment and 2 proposals for the Inspections Division Codes, Permits and Fees Review. A consultant for each project will be selected in December and the consultant agreements will be considered by Council in January. 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 Community Development