HomeMy WebLinkAboutAGENDApacket__04-08-25_1057_82
OSH KO SH C OMMO N C O UN C I L A GEN DA
C O UN C IL C H A MB ER S, C ITY H ALL
OSH KO SH , W I SC ON SI N
A pril 8, 2025
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
Councilor Esslinger
Invocation #3
D.PLEDGE OF ALLEGIANCE
Emmeline Cook and Oaklawn Elementary Schools
E.PUBLIC HEARING (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.)
1.Res 25-143 Approve Final Resolution for Partial Right-of-Way Vacation of Marion Road (Plan
Commission Recommends Approval)
F.PUBLIC STATEMENTS TO COUNCIL
(The public is to address the Council only. Statements are limited to five (5)
minutes; they must address items that are not listed on the Council meeting
agenda, are limited to issues that have an impact on the City of Oshkosh and the
Common Council may address at a future meeting, and must not include
endorsements of any candidates or other electioneering). If you require more
time, please inform the Mayor at the beginning of your presentation.
G.CONSENT AGENDA ITEMS
(Consent Agenda items are those items of a routine administrative nature that are
voted on by the Council in a single roll call vote. Staff recommends approval of all
items. Any member of the public or Common Council may request that an item
be removed from the Consent Agenda for discussion.)
2.Report of Bills
3.February 2025 Financial Reports
4.Receipt & Filing of Minutes - Library Board, 02.27.25
5.Receipt & Filing of Claims Filed with the City's Insurance Company
6.Res 25-144 Dissallowance of Claim - Martin
7.Res 25-145 Amend 2025 Library Fees and Charges
8.Res 25-146 Appropriate ARPA Interest Funds for Office Furniture for Police Satellite Location
9.Res 25-147 Approve Operating Budget Amendment for 2025 Parks Revenue Facilities Fund for
the Menominee Park Amusement Rides Operation
10.Res 25-148 Approve Policy on Removal of Abandoned or Unauthorized Personal Property
11.Res 25-149 Award Bid to Envirotech Equipment for Valve Exercising Trailer for the Water
Distribution Division ($115,787.00)
12.Res 25-150 Award Bid to Fire-Dex GW, LLC for Personal Protection Equipment (PPE) Clean and
Repair Services for the Fire Department ($86,545.20)
13.Res 25-151 Approve Professional Services Agreement with Jacobs Engineering Group, Inc. for
Water Filtration Plant Ozone and SCADA Systems Replacement Project Engineering
Services During Construction ($1,340,400)
14.Res 25-152 Adopt Updated City of Oshkosh Parking Ticket Appeals Process
15.Res 25-153 Approve Waiver for the Oshkosh Arena to Allow a Horse Onsite for the Purpose of
Event Entertainment, May 3, 2025
16.Res 25-154 Approve Special Event - Bago Walleye Club (BWC) to Utilize Menominee Park
Millers Bay & Rainbow Memorial Park for the BWC Invitationals, May 4, June 1, June
22, & July 20, 2025
17.Res 25-155 Approve Special Event - Luxe Hair Studio to Host a Customer Appreciation Event in
Their Parking Lot Located at 1042 W 20th Ave, May 15, 2025
18.Res 25-156 Approve Special Event - Oshkosh Arena/VenuWorks of Oshkosh LLC to Host the
Carden Circus at Their Facility (1212 S Main St), May 15, 2025
19.Res 25-157 Approve Special Event - Canada Promotions LLC to Hold a Mexican Rodeo
Concert at the Sunnyview Exposition Center, May 17, 2025
20.Res 25-158 Approve Special Event - Fox Valley Technical College (FVTC) to Host the FVTC
Spring Commencement at the UW Oshkosh Kolf Sports Center, May 18, 2025
21.Res 25-159 Approve Combination "Class A" Beer/Liquor and Cigarette, Tobacco, and
Electronic Vaping Device License (Circle K) - Indianhead Oil, 2322 Jackson Street
H.ITEMS REMOVED FROM CONSENT AGENDA
I.PENDING ORDINANCES
22.Ord 25-160 Approve Comprehensive Land Use Plan Amendment from General Commercial
to Light Density Residential for Property Located at the East End of Christian Drive
(Parcel 1250160100) (Plan Commission Recommends Approval)
23.Ord 25-161 Approve Zone Change from Heavy Industrial District (HI) to Heavy Industrial with a
Planned Development Overlay (HI-PD) at 2750 Vinland Street (Plan Commission
Recommends Approval)
24.Ord 25-162 Approve Zone Change from Suburban Mixed-Use District (SMU) to Suburban
Mixed-Use District with a Planned Development Overlay at 1120 South Koeller
Street (Plan Commission Recommends Approval)
25.Ord 25-163 Amend Various Provisions of Chapter 27 and 27A of the City of Oshkosh Municipal
Code Pertaining to Parking Regulations and Enforcement to Allow for Utilization of
an Application-Based Parking Management System; Update and Remove
Outdated References and Terminology; and Allocate Parking Enforcement
Authority Between the City of Oshkosh and the University of Wisconsin - Oshkosh
26.Ord 25-164 Amend Chapter 21 of the City of Oshkosh Municipal Code Pertaining to Public
Construction and Services / Methods of Payment / Special Charges / Special
Assessments to Reorganize the Chapter and Revise Article Pertaining to Payment
of Connection Charges
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.)
27.*Ord 25-165 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
28.*Ord 25-166 Amend Portions of Chapter 4 of the City of Oshkosh Municipal Code Pertaining to
Alcohol Beverages -- to Amend Article III. A. Pertaining to Special Class B Licenses
and Create Article III. B. Pertaining to Full-Service Retail Outlets
29.*Ord 25-167 Amend Section 27-8-2.1 of the Municipal Code, Neighborhood Electric Vehicles, to
Reflect Legislature Renaming These Vehicles as Low-Speed Electric Vehicles
30.*Ord 25-168 Amend Section 6-10 of the City of Oshkosh Municipal Code Pertaining to Animal
Traps to Update Statutory Reference
31.*Ord 25-169 Delete Subsection 1-23(5)(B)(2) of the Municipal Code Pertaining to the Adoption
of General Records Schedules to Delete Reference to a Record Retention
Schedule Modifying a County Sheriff Standard Retention Schedule
K.NEW RESOLUTIONS
32.Res 25-170 Amend 2025 Parking Utility Fees and Charges
33.Res 25-171 Approve General Development Plan for Outdoor Storage at 2750 Vinland Street
(Plan Commission Recommends Approval)
34.Res 25-172 Approve General Development Plan and Specific Implementation Plan for a
Drive-Through Coffee Shop at 1120 South Koeller Street (Plan Commission
Recommends Approval)
35.Res 25-173 Approve Budget Amendment and Professional Service Agreement with
Associated Appraisal Consultants, Inc. for City Assessor Services Compliance with
State Statutes 70.05 ($85,000)
L.COUNCIL DISCUSSION, DIRECTION TO CITY MANAGER & FUTURE AGENDA ITEMS
36.Discussion and Direction to City Manager
37.Future Agenda Items, Meetings, and Workshops
A.Organizational Meeting, April 15, 2025 at Noon
B.Closed Session, April 22, 2025 (collective bargaining update; time to be
determined)
M.COUNCIL MEMBER ANNOUNCEMENTS & STATEMENTS
N.CITY MANAGER ANNOUNCEMENTS & STATEMENTS
38.Cooperative purchase of Vehicle Lighting and Sirens from Emergency Lighting &
Electronics LLC for Police Department ($26,675.40)
39.Drinking Water Update - Ozone System Equipment Replacement
40.New Public Meeting Calendar Available
41.Outstanding Issues
O.ADJOURN
TO :T O :Honorable Mayor and Members of the Common Council
FRO M :FRO M :Kelly Nieforth, Director of Community Development
D A TE :D A T E :April 08, 2025
SUB JEC T:SUB JEC T :Res 25-143 Approve Final Resolution for Partial Right-of-Way Vacation of Marion Road (Plan
Commission Recommends Approval)
B A C KGRO UN DBACKGROUND
The Department of Community Development is requesting the partial vacation of a small section of the
south side of Marion Road east of Mercury Marine, 505 Marion Road. Located on the south side of Marion
Road, the subject area is adjacent to four lots, one owned by Mercury Marine, two owned by the
Oshkosh Redevelopment Authority (RDA) and the last is owned by the City of Oshkosh. Mercury Marine is
in the design phase of a parking lot expansion for its property located at 505 Marion Road. The City, on
behalf of the RDA, is in the process of selling the RDA's lots as well as a portion of the City-owned lot to
Mercury Marine for the parking lot project. The City proposed to vacate a portion of Marion Road to
assist with Mercury Marine's parking lot design and maximize the use of the property. Also, the vacation
will remove Mercury Marine's landscaping placed in the public right-of-way as the land will revert to
private property.
The site is located within the Marion Road/Pearl Avenue Redevelopment Area which was adopted in
August of 1998 with five subsequent modifications. In the 25-plus years from the plan's adoption, the area
has transformed from a blighted, underutilized industrial district on the north shore of the Fox River to a mix
of multi-family residential and commercial uses with a publicly-accessible riverwalk.
A N A L Y SI SANALYSIS
The area in this request involves what is best described as a long triangular sliver, approximately 183 feet
long by 16 feet at its widest, and 1,139 square feet in area. The vacation will follow the back edge of
public sidewalk which is typically where right-of-way lines are located.
A small section of City storm sewer is located in the proposed vacation area. State statute allows
municipalities continued rights to its active facilities in vacated right-of-way. These rights include access,
maintenance, replacement and relocation of its facilities. This is the situation for the same storm sewer
pipe to the south which is located in vacated Dawes Street and leads to the Fox River.
After approval, the vacated area will attach to the lots to the south. A Certified Survey Map will be used
to combine Mercury Marine's property, the two RDA lots and a portion of the City-owned lot into a single
lot. The vacation will add additional land to the parking lot project area and also contains a portion of
Mercury Marine's landscaping (currently in the right-of-way) which will become private property.
The Department of Public Works has reviewed this request and does not have concerns with the
vacation. The right-of-way is no longer needed and the City will have continued rights to the existing
storm sewer in the vacated area.
Staff supports the proposed right-of-way vacation request. The vacation will assist Mercury Marine by
increasing land area and eliminating their landscaping from public right-of-way. The vacation will not
adversely affect future City plans in the area.
REC O M M E N D A TI ONRECOMMENDATION
The Plan Commission recommended approval of the requested partial right-of-way vacation on February
19, 2025. Please see the attached staff report and meeting minutes for more information.
A t t a chment sAttachments
RES 25-143
Exhibit A to Res 25-143
Street Vacation - 499 Marion Rd
04/08/2025 25-143 RESOLUTION
CARRIED 6-0
PURPOSE: APPROVE FINAL RESOLUTION FOR PARTIAL RIGHT-OF-WAY VACATION OF MARION ROAD
INITIATED BY : CITY ADMINISTRATION
PLAN COMMISSION RECOMMENDATION: Approved
WHEREAS, pursuant to Section 66.1003(4) of Wisconsin Statutes, the Common Council has heretofore
initiated proceedings on April 8, 2025 at a regular meeting of the Common Council for a partial vacation of
a small section of the south side of Marion Road east of Mercury Marine, 505 Marion Road in the City of
Oshkosh as described in “Exhibits A and B”, and
WHEREAS, a public hearing on the passage of such resolution has been set by the Common Council,
which hearing was set for 6:00 PM in the Council Chambers in the City Hall, City of Oshkosh, Winnebago
County, on the 28th day of February, 2025 and written notice of such meeting was duly served on the owners
of all of the frontage of the lots and lands abutting upon that portion thereof sought to be discontinued as
provided by law; and
WHEREAS, a public hearing was duly held pursuant to said notice at the time and place therefore affixed
and all persons so served and interested were then and there given an opportunity to be heard; and
WHEREAS, the lots and lands abutting that portion of said street or alley within said City affected by this
resolution are in the First Ward, City of Oshkosh, the description of said street or alley heretofore set out in this
Resolution.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that it is hereby declared
that since public interest requires it, that the portion being described in “Exhibit A” in the First Ward, City of
Oshkosh, Winnebago County, Wisconsin, is hereby vacated and discontinued;
BE IT FURTHER RESOLVED that the City of Oshkosh approves this right-of-way vacation upon the condition of
reserving unto the City of Oshkosh, and any public utility affected by this Resolution, a statutory easement
giving it the right to maintain, service, repair, add, replace, or install in the future, sanitary sewer, storm
sewer, water main, and other utility facilities in said vacated streets or alley, all as allowed by Section
66.1005(2), Wisconsin Statutes, with such easements further subject to the restriction that no improvements
are allowed within the reserved area, including but not limited to, building structures, driveways, parking
areas, landscaping or fences. Any improvements shall be allowed only by special exception of the Board of
Public Works;
BE IT FURTHER RESOLVED that the City Clerk record a certified copy of this Resolution accompanied with a
map showing the location of said vacated street or alley in the Office of the Register of Deeds for
Winnebago County.
ARCHITECTS ● ENGINEERS ● SURVEYORS
Always aBetter Plan
100 Camelot DriveFond Du Lac, WI 54935
Phone: (920) 926-9800www.EXCELENGINEER.com
JOB NO. 240377000
ITEM: PARTIAL RIGHT-OF-WAY VACATION MARION ROAD
Plan Commission Meeting of February 19, 2025
GENERAL INFORMATION
Petitioner: City of Oshkosh Department of Community Development
Property Owner: City of Oshkosh
Actions Requested:
The Department of Community Development is requesting the partial vacation of a small section
of the south side of Marion Road east of Mercury Marine, 505 Marion Road.
Applicable Ordinance Provisions:
WI State Stats. 66.1003 regulate the vacation and discontinuance of a public right-of-way.
Property Location and Background Information:
Located on the south side of Marion Road, the
subject area is adjacent to four lots, one owned by
Mercury Marine, two owned by the Oshkosh
Redevelopment Authority (RDA) and the last is
owned by the City of Oshkosh. Mercury Marine is in
the design phase of a parking lot expansion for its
property located at 505 Marion Road. The City, on
behalf of the RDA, is in the process of selling the
RDA’s lots as well as a portion of the City-owned lot
to Mercury Marine for the parking lot project. The
City proposed to vacate a portion of Marion Road to
assist with Mercury Marine’s parking lot design and
maximize the use of the property. Also, the vacation
will remove Mercury Marine’s landscaping placed in
the public right-of-way as the land will revert to
private property.
The site is located within the Marion Road/Pearl
Avenue Redevelopment Area which was adopted in
August of 1998 with five subsequent modifications. In the 25-plus years from the plan’s adoption,
the area has transformed from a blighted, underutilized industrial district on the north shore of
the Fox River to a mix of multi-family residential and commercial uses with a publicly-accessible
riverwalk.
ANALYSIS
The area in this request involves what is best described as a long triangular sliver, approximately
183 feet long by 16 feet at its widest, and 1,139 square feet in area. The vacation will follow the
back edge of public sidewalk which is typically where right-of-way lines are located.
A small section of City storm sewer is located in the proposed vacation area. State statute allows
municipalities continued rights to its active facilities in vacated right-of-way. These rights include
access, maintenance, replacement and relocation of its facilities. This is the situation for the same
storm sewer pipe to the south which is located in Vacated Dawes Street and leads to the Fox
River.
After approval, the vacated area will
attach to the lots to the south. A Certified
Survey Map will be used to combine
Mercury Marine’s property, the two RDA
lots and a portion of the City-owned lot
into a single lot. The vacation will add
additional land to the parking lot project
area and also contains a portion of
Mercury Marine’s landscaping (currently
in the right-of-way) which will become
private property.
The Department of Public Works has
reviewed this request and does not have
concerns with the vacation. The right-of-
way is no longer needed and the City will
have continued rights to the existing
storm sewer in the vacated area.
Staff supports the proposed right-of-way
vacation request. The vacation will assist
Mercury Marine by increasing land area
and eliminating their landscaping from
public right-of-way. The vacation will not adversely affect future City plans in the area.
RECOMMENDATION/CONDITIONS
Staff recommends approval of the partial right-of-way vacation of Marion Road as requested.
Plan Commission recommended approval of the partial right-of-way vacation of Marion Road on
February 19, 2025. The following is Plan Commission’s discussion on the item.
Site Inspections Report: No one reported visiting the site.
Staff report accepted as part of the record.
Mr. Nau presented the items and reviewed the site and surrounding area as well as the land use
and zoning classifications in this area. Staff recommends approval of the partial right-of-way
vacation of Marion Road as requested.
Mr. Perry opened up technical questions to staff.
Mr. Bowen asked about next steps.
Ms. Nieforth stated it will come back to Plan Commission for site design. There will be some
combining of lots.
Mr. Perry opened public comment and asked if the applicant wanted to make any statements.
City staff did not have any more comments.
Mr. Perry asked if any members of the public wished to speak. There were none.
Mr. Perry closed public comment.
There was no closing statement from the applicant.
Motion by Davey to adopt the findings and recommendation as stated in the staff report.
Seconded by Loewenstein.
Mr. Perry asked if there was any discussion on the motion. There was none.
Motion carried 6-0.
ARCHITECTS ● ENGINEERS ● SURVEYORS
Always aBetter Plan
100 Camelot DriveFond Du Lac, WI 54935
Phone: (920) 926-9800www.EXCELENGINEER.com
JOB NO. 240377000
Page 3
PARTIAL STREET VACATION
MARION ROAD
PC: 2-19-2025
RIVER FRONT SENIOR APTS
230 OHIO ST STE 200
OSHKOSH WI 54902-5825
MERCURY MARINE
DIV OF BRUNSWICK CORP
PO BOX 1939
FOND DU LAC WI 54936-1939
ANNEX 71 LLC
409 MASSACHUSETTS AVE 300
INDIANAPOLIS IN 46204-1554
D & F INVESTMENTS LLP
1660 OSHKOSH AVE STE 100
OSHKOSH WI 54902-2613
Page 4
MARION RD
DAWES ST
J:\GIS\Planning\Plan Commission Site Plan Map Template\2023 Plan Commission Site Plan Map Template.mxd User: katrinam
Prepared by: City of Oshkosh, WI
Printing Date: 1/22/2025
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
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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: 1/22/2025
1 in = 400 ft
1 in = 0.08 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 6
MARIONRD
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: 1/22/2025
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 7
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 :April 08, 2025
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 $5,981,744.35
Bills paid March 21 and 28, 2025 $4,784,087.28
Payroll paid March 28, 2025 $1,197,657.07
A t t a chment sAttachments
03212025 Check run
03282025 Check run
CHECK NUMBER CHECK DATE VENDOR NAME AMOUNT
12986 03/21/2025 ADAM KRAUSE 240.80
12987 03/21/2025 AIRGAS USA LLC 2,706.52
12988 03/21/2025 AURORA HEALTH CARE 3,036.50
12989 03/21/2025 AXON ENTERPRISE INC 116,615.38
12990 03/21/2025 BAKER & TAYLOR BOOKS 2,919.20
12991 03/21/2025 BROOKS TRACTOR INC 2,580.27
12992 03/21/2025 CARRICO AQUATIC RESOURCES INC 2,913.12
12993 03/21/2025 CHEMTRADE CHEMICALS US LLC 4,590.50
12994 03/21/2025 CINTAS CORPORATION NO 2 802.71
12995 03/21/2025 COMMUNICATIONS ENGINEERING CO 687.50
12996 03/21/2025 CORE AND MAIN LP 57,775.00
12997 03/21/2025 DR HANSEN PLUMBING LLC 167.12
12998 03/21/2025 ENVIROTECH EQUIPMENT 1,926.53
12999 03/21/2025 ENVISIONINK PRINTING SOLUTIONS INC 1,053.00
13000 03/21/2025 EVOQUA WATER TECHNOLOGIES LLC 3,735.77
13001 03/21/2025 FRANK CONTRACTORS LLC 3,504.56
13002 03/21/2025 CENGAGE LEARNING INC 412.57
13003 03/21/2025 GARROW OIL CORP 36,443.30
13004 03/21/2025 GENERAL COMMUNICATIONS INC 5,999.00
13005 03/21/2025 HAROLD CARPENTER AND COMPLETE OVERHEAD 9,371.75
13006 03/21/2025 HMH CORP 607.00
13007 03/21/2025 HUNTER SECURITY AND SURVEILLANCE 2,502.82
13008 03/21/2025 HYDRITE CHEMICAL CO 7,934.21
13009 03/21/2025 JOHNSON CONTROLS US HOLDINGS LLC 899.68
13010 03/21/2025 MACQUEEN EQUIPMENT GROUP 355.77
13011 03/21/2025 MCC INC 1,231.38
13012 03/21/2025 MIDWEST TAPE LLC 303.76
13013 03/21/2025 NAVIGATE WELLBEING SOLUTIONS 3,288.00
13014 03/21/2025 OSHKOSH CONVENTION AND VISITORS BUREAU INC 56,244.65
13015 03/21/2025 PACKER CITY INTL TRUCKS INC 82.74
13016 03/21/2025 PINGRY-CASWELL INC 164.26
13017 03/21/2025 PLYMOUTH LUBRICANTS 4,357.99
13018 03/21/2025 POESCHL PRINTING COMPANY INC 159.00
13019 03/21/2025 POMP'S TIRE SERVICES INC 347.92
13020 03/21/2025 PRIMADATA LLC 13,286.54
13021 03/21/2025 REINDERS INC 814.15
13022 03/21/2025 RNOW INC 916.46
13023 03/21/2025 SADOFF IRON AND METAL COMPANY 1,582.00
13024 03/21/2025 SHORT ELLIOTT HENDRICKSON INC 41,312.10
13025 03/21/2025 SWITCHGEAR POWER SOLUTIONS LLC 1,250.00
13026 03/21/2025 UNITED PARCEL SERVICE 56.17
13027 03/21/2025 VANGUARD COMPUTERS INC 619.00
13028 03/21/2025 VERMONT SYSTEMS INC 567.00
13029 03/21/2025 WESTWOOD PROFESSIONAL SERVICES INC 2,999.63
13030 03/21/2025 WI PUBLIC SERVICE CORP 19,973.16
13031 03/21/2025 GASVODA AND ASSOCIATES INC 2,279.00
13032 03/21/2025 WINNEBAGO COUNTY TREASURER 1,590,856.70
13033 03/21/2025 ZARNOTH BRUSH WORKS INC 10,056.00
5004855 03/21/2025 ADVANCE CONSTRUCTION INC 148,194.06
5004856 03/21/2025 AMERICAN CONSERVATION & BILLING SOLUTIONS INC 4,161.00
5004857 03/21/2025 ASSURANCE TITLE SERVICES INC 9.09
5004858 03/21/2025 AT & T 421.93
5004859 03/21/2025 AT & T 650.35
5004860 03/21/2025 C SWEETING PLUMBING LLC 5,388.00
5004861 03/21/2025 CENTER POINT LARGE PRINT 438.66
5004862 03/21/2025 CHRISTOPHER GORTE 12.19
5004863 03/21/2025 DARBY CASPERSON 400.00
5004864 03/21/2025 DEREK SELL 30.38
5004865 03/21/2025 ENERGITECH SERVICES LLC 1,386.05
5004866 03/21/2025 EXPERT TOWING & RECOVERY 54.00
5004867 03/21/2025 FLOCK GROUP INC 22,100.00
5004868 03/21/2025 GALLS LLC 245.50
5004869 03/21/2025 GARTMAN MECHANICAL SERVICES 4,148.55
5004870 03/21/2025 GB LEAD SERVICES LLC 20,146.00
5004871 03/21/2025 GIZMO OSHKOSH LLC 10,804.63
5004872 03/21/2025 GLODY ONYA 12.60
5004873 03/21/2025 OSHKOSH HEALTHY NEIGHBORHOODS 100,000.00
5004874 03/21/2025 GREATAMERICA FINANCIAL SVCS 188.27
5004875 03/21/2025 GUARANTY TITLE SERVICES INC 46.54
5004876 03/21/2025 HASTINGS AIR ENERGY CONTRL INC 31.52
5004877 03/21/2025 HENRY SCHEIN INC 299.70
5004878 03/21/2025 HYDROCLEAN EQUIPMENT INC 725.69
5004879 03/21/2025 IECA 450.00
5004880 03/21/2025 INGRAM LIBRARY SERVICES 44.55
5004881 03/21/2025 JASON ELLIS 19.60
5004882 03/21/2025 JX ENTERPRISES INC 836.29
5004883 03/21/2025 KIM WALLMULLER 21.34
5004884 03/21/2025 KITZ AND PFEIL INC 177.28
5004885 03/21/2025 KLINK HYDRAULICS LLC 299.05
5004886 03/21/2025 KODI PARKER 17.85
5004887 03/21/2025 KOERWITZ JOHN W 75.86
5004888 03/21/2025 LAWSON PRODUCTS, INC 337.08
5004889 03/21/2025 L D V INC.107,502.00
5004890 03/21/2025 MARK RICHARDS 109.94
5004891 03/21/2025 MUNICIPAL ENVIRONMENTAL GROUP 2,250.00
5004892 03/21/2025 MURPHY DESMOND SC 372.00
5004893 03/21/2025 N AND M NATIONWIDE INC 933.41
5004894 03/21/2025 NAPA AUTO PARTS 743.62
5004895 03/21/2025 NICOLET INVESTMENTS OF OSHKOSH LLP 31.62
5004896 03/21/2025 NORCON CORPORATION 53,349.00
5004897 03/21/2025 NORTHERN TELEPHONE & DATA CORP 195.50
5004898 03/21/2025 O AND J COATINGS INC 883,350.00
5004899 03/21/2025 OLSON TRAILER AND BODY LLC 36,978.00
5004900 03/21/2025 WALTER PLUMBING LLC 234.00
5004901 03/21/2025 OSHKOSH AREA SCHOOL DISTRICT 4,547.94
5004902 03/21/2025 CITY OF OSHKOSH 368.50
5004903 03/21/2025 PARCEL F LLC 216.09
5004904 03/21/2025 PINE INVESTMENTS OF OSHKOSH LLP 116.27
5004905 03/21/2025 PMI FOX VALLEY 82.51
5004906 03/21/2025 RIESTERER & SCHNELL INC 45.68
5004907 03/21/2025 RIESTERER & SCHNELL INC 4,276.59
5004908 03/21/2025 SALZER SIDING INC 2,300.00
5004909 03/21/2025 MADYSEN SCHMIDT 61.15
5004910 03/21/2025 SCHMITT TITLE LLC 60.00
5004911 03/21/2025 SHANNON CHEMICAL CORPORATION 15,705.80
5004912 03/21/2025 SPARK DEVELOPMENT CO 135.86
5004913 03/21/2025 THE HOME DEPOT PRO 725.34
5004914 03/21/2025 THE HOME DEPOT PRO 5.98
5004915 03/21/2025 TOYS FOR TRUCKS INC 10,904.31
5004916 03/21/2025 VERMEER WISCONSIN INC 143.36
5004917 03/21/2025 WALT'S PETROLEUM SERVICE INC 409.50
5004918 03/21/2025 WATERMARK47 INC 759.00
5004919 03/21/2025 WAUSAU EQUIPMENT COMPANY, INC 1,158.12
5004920 03/21/2025 WEST BEND INSURANCE COMPANY 100.00
5004921 03/21/2025 WHIRLWIND POST HOLE AND FENCING 2,451.33
5004922 03/21/2025 WI PARK & REC ASSN 35.00
5004923 03/21/2025 WI RURAL WATER ASSOCIATION 240.00
5004924 03/21/2025 WINNEBAGO LAWN AND SNOW LLC 8,853.42
5004925 03/21/2025 WINNEFOX LIBRARY SYSTEM 4,380.00
5004926 03/21/2025 WOLVERINE CONSTRUCTION LLC 65,000.00
3,553,832.64
CHECK NUMBER CHECK DATE VENDOR NAME AMOUNT
13034 03/28/2025 ADAM KRAUSE 18.82
13035 03/28/2025 ADVANCED ASBESTOS REMOVAL INC 24,200.00
13036 03/28/2025 AECOM INC 17,795.75
13037 03/28/2025 AIRGAS USA LLC 3,177.55
13038 03/28/2025 BAKER & TAYLOR BOOKS 1,644.14
13039 03/28/2025 BAYCOM INC 42.00
13040 03/28/2025 CENTRAL TEMP EQUIPMENT SERVICE 567.50
13041 03/28/2025 CHEMTRADE CHEMICALS US LLC 4,565.36
13042 03/28/2025 CINTAS CORPORATION NO 2 672.75
13043 03/28/2025 CINTAS FIRE 636525 1,478.24
13044 03/28/2025 CONDUSIV TECHNOLOGIES 400.00
13045 03/28/2025 CONSTELLATION ENERGY SERVICES 3,408.77
13046 03/28/2025 CONVERGENT CLAIMS SERVICES, LLC 1,568.67
13047 03/28/2025 ELDORADO TRAILER SALES LLC 16,995.00
13048 03/28/2025 EMMONS BUSINESS INTERIORS 703.28
13049 03/28/2025 ENERGENECS INC 1,576.32
13050 03/28/2025 ENERGY CONTROL AND DESIGN INC 441.72
13051 03/28/2025 ENTRANCE TECHNOLOGIES 1, LLC 5,519.40
13052 03/28/2025 ENVIROTECH EQUIPMENT 555.82
13053 03/28/2025 FERGUSON WATERWORKS #1476 306.00
13054 03/28/2025 CENGAGE LEARNING INC 68.87
13055 03/28/2025 GALLAGHER BENEFIT SERVICES INC 18,000.00
13056 03/28/2025 GFL ENVIRONMENTAL 221.29
13057 03/28/2025 GODFREY AND KAHN SC 1,638.00
13058 03/28/2025 GORDON FLESCH COMPANY INC 378.66
13059 03/28/2025 HACH COMPANY 2,592.20
13060 03/28/2025 HUNTER SECURITY AND SURVEILLANCE 741.73
13061 03/28/2025 JACOBS ENGINEERING GROUP INC 30,536.12
13062 03/28/2025 JEFFERSON FIRE & SAFETY 76.05
13063 03/28/2025 JENNIFER MCCOLLIAN 342.06
13064 03/28/2025 JIM COLLINS 24.75
13065 03/28/2025 JWC BUILDING SPECIALTIES 38,306.00
13066 03/28/2025 LEAGUE OF WISCONSIN MUNICIPALITIES MUTUAL INS 43,739.74
13067 03/28/2025 MACQUEEN EQUIPMENT GROUP 22,408.19
13068 03/28/2025 MCC INC 2,431.26
13069 03/28/2025 MIDWEST TAPE LLC 494.75
13070 03/28/2025 MONROE TRUCK EQUIPMENT 411.43
13071 03/28/2025 NAVIGATE WELLBEING SOLUTIONS 1,644.00
13072 03/28/2025 OSHKOSH FIRE & POLICE EQP INC 3,475.00
13073 03/28/2025 PACKER CITY INTL TRUCKS INC 3,217.28
13075 03/28/2025 PINGRY-CASWELL INC 8.58
13076 03/28/2025 PLYMOUTH LUBRICANTS 627.14
13077 03/28/2025 POMP'S TIRE SERVICES INC 991.64
13078 03/28/2025 PREMISE HEALTH EMPLOYER SOLUTIONS LLC 27,991.59
13079 03/28/2025 PROFESSIONAL SVC INDUSTRIES 785.98
13080 03/28/2025 PSYCHOLOGIE CLINIQUE SC 1,300.00
13081 03/28/2025 QUALITY TRUCK CARE CENTER INC 200,575.52
13082 03/28/2025 SEILER INSTRUMENT AND MFG CO INC 1,365.00
13083 03/28/2025 MCCLONE 49,110.00
13084 03/28/2025 VC3 INC 6,316.00
13085 03/28/2025 UNITED PARCEL SERVICE 110.26
13086 03/28/2025 VINTON CONSTRUCTION INC 25,000.00
13087 03/28/2025 WALLY SCHMID EXCAVATING INC 59,230.00
13088 03/28/2025 WI PUBLIC SERVICE CORP 21,320.61
13089 03/28/2025 WINNEBAGO COUNTY TREASURER 19,809.13
13090 03/28/2025 AUGUST WINTER & SONS INC 3,821.00
13091 03/28/2025 ZOLL MEDICAL CORPORATION 1,446.48
5004927 03/28/2025 ROLYAN BUOYS 20.73
5004928 03/28/2025 ACME TRENCHLESS UTILITIES LLC 5,400.00
5004929 03/28/2025 AERO INDUSTRIES INC 369.45
5004930 03/28/2025 ARCHER MANUFACTURING INC 1,475.94
5004931 03/28/2025 ASSOCIATED BANK OF OSHKOSH 1,150.00
5004932 03/28/2025 BOBCAT PLUS INC 2,084.38
5004933 03/28/2025 BOUND TREE MEDICAL LLC 1,297.19
5004934 03/28/2025 CARL BOWERS AND SONS CONSTRUCTION COMPANY INC 383,890.92
5004935 03/28/2025 CASEY KOELBL 19.31
5004936 03/28/2025 DONOHUE & ASSOCIATES INC 35,515.00
5004937 03/28/2025 DONS AUTO BODY INC 8,903.30
5004938 03/28/2025 EMSAR INC 7,145.14
5004939 03/28/2025 EXPERT TOWING & RECOVERY 50.00
5004940 03/28/2025 FIBERGLASS SOLUTIONS LLC 1,788.00
5004941 03/28/2025 FOX VALLEY TECH COLLEGE 1,300.00
5004942 03/28/2025 GALLS LLC 1,199.40
5004943 03/28/2025 ROAD EQUIPMENT PARTS CENTER 609.53
5004944 03/28/2025 JARED RIVERA 148.75
5004945 03/28/2025 JASON ELLIS 28.00
5004946 03/28/2025 JX ENTERPRISES INC 2,558.91
5004947 03/28/2025 A. KALMERTON WELDING SUPPLIES 273.01
5004948 03/28/2025 KIMBERLY CROWLEY 690.00
5004949 03/28/2025 KITZ AND PFEIL POWER CENTER & SERVICE 283.64
5004950 03/28/2025 KLINK HYDRAULICS LLC 418.00
5004951 03/28/2025 LAWSON PRODUCTS, INC 129.90
5004952 03/28/2025 LUDWIGS PLUMBING 20,200.00
5004953 03/28/2025 MASTERS OSHKOSH LLC 42.57
5004954 03/28/2025 MIDWEST REALTY MANAGEMENT INC 25.23
5004955 03/28/2025 NAPA AUTO PARTS 277.68
5004956 03/28/2025 NATIONAL PUBLIC EMPLOYER LABOR RELATIONS ASSOC 295.00
5004957 03/28/2025 NEAR NORTH TITLE GROUP 98.69
5004958 03/28/2025 JEREMY KOTTMAN 2,868.54
5004959 03/28/2025 MATTHEW OR MELISSA WEISSE 270.00
5004960 03/28/2025 CITY OF OSHKOSH 293.00
5004961 03/28/2025 CITY OF OSHKOSH 147.00
5004962 03/28/2025 OSHKOSH HERALD LLC 60.00
5004963 03/28/2025 CITY OF OSHKOSH UTILITIES 65.53
5004964 03/28/2025 PLAN IT SOFTWARE LLC 2,500.00
5004965 03/28/2025 PUBLIC SERVICE COMMISSION OF WI 1,297.17
5004966 03/28/2025 RAMBOLL AMERICAS ENGINEERING SOLUTIONS INC 11,093.50
5004967 03/28/2025 RED POWER DIESEL SERVICE INC 23,706.47
5004968 03/28/2025 REGISTRATION FEE TRUST 169.50
5004969 03/28/2025 RELIANT FIRE APPARATUS INC 80.20
5004970 03/28/2025 RIESTERER & SCHNELL INC 4,055.32
5004971 03/28/2025 SCHMITT TITLE LLC 60.00
5004972 03/28/2025 STEVEN M TOMASIK 15.00
5004973 03/28/2025 THE LEARNING COLLABORATIVE INC 22,902.08
5004974 03/28/2025 TITAN PROPERTY MANAGEMENT LLC 6.36
5004975 03/28/2025 TOTAL SECURITY AND SAFETY INC 3,150.00
5004976 03/28/2025 TOYS FOR TRUCKS INC 1,999.90
5004977 03/28/2025 THAM THI TRAN\30.17
5004978 03/28/2025 UMS PRINT SOLUTIONS LLC 350.83
5004979 03/28/2025 WI DEPT OF FIN. INSTITUTIONS 20.00
5004980 03/28/2025 WI DEPT OF NATURAL RESOURCES 45.00
5004981 03/28/2025 ZILLGES MATERIALS INC 1,188.00
1,230,254.64
D A TE :D A T E :April 08, 2025
SUB JEC T:SUB JEC T :February 2025 Financial Reports
A t t a chment sAttachments
February 2025 Financial Reports
Finance Department
City Hall, 215 Church Avenue P.O. Box 1130 Oshkosh, WI 54903-1130 920.236.5005 http://www.ci.oshkosh.wi.us
April 8, 2025
Honorable Mayor and Members of the Common Council
City of Oshkosh, Wisconsin
Honorable Mayor and Members of the Common Council,
Attached are the Monthly Financial Reports for City for the month of February 2025.
Respectfully submitted,
Julie Calmes,
Finance Director
JC
Enc
Fund
Changes and
Amendments
Revised
Budget
Current Year
To Date
Current Year % of
Budget
GENERAL FUND $
$
- 55,367,021
$
23,209,745 41.92%
SENIOR SERVICES REVOLVING FUND - 78,500 21,306 27.14%
CDBG REVOLVING LOAN FUND - 257,000 10,430 4.06%
BUSINESS IMPROVEMENT DISTRICT - 222,110 141,122 63.54%
RECYCLING - 1,221,300 756,474 61.94%
GARBAGE COLLECTION & DISPOSAL - 2,060,000 2,018,593 97.99%
POLICE SPECIAL FUNDS - 95,900 34,600 36.08%
STREET LIGHTING FUND - 1,110,600 1,090,600 98.20%
SPECIAL EVENTS - 4,721,956 130,286 2.76%
MUSEUM MEMBERSHIP FUND - 176,100 9,093 5.16%
SENIOR SERVICES - 798,800 437,050 54.71%
FIRE SPECIAL REVENUE 37,337 160,623 16,737 10.42%
AMBULANCE SERVICES - 6,414,700 1,600,000 24.94%
LIBRARY - 4,783,894 3,434,600 71.80%
MUSEUM - 1,343,400 1,058,691 78.81%
MUSEUM COLLECTIONS - 54,500 12,786 23.46%
CEMETERY - 532,900 357,740 67.13%
COMMUNITY DEVEL SPECIAL FUNDS - - - 0.00%
PARKS REVENUE FACILITIES 50,000 451,000 14,485 3.21%
LEACH AMPHITHEATER - 114,500 28,075 24.52%
PUBLIC WORKS SPECIAL FUND - 880,000 51,004 5.80%
POLLOCK WATER PARK - 596,100 265,324 44.51%
NEIGHBORHOOD IMPROV LOAN PRGRM - - - 0.00%
HEALTHY NEIGHBORHOOD INITIATVE - 85,000 19,319 22.73%
COMMUNITY DEVLP BLOCK GRANT - 801,434 86,892 10.84%
LOCAL GO EDC REV LOAN PROGRAM - 100,000 - 0.00%
SPECIAL ASSESSMENT IMPROVEMENT - 3,630,300 1,829,278 50.39%
CONTRACT CONTROL FUND - 28,060,200 - 0.00%
ENTERPRISE CAPITAL FUND - 19,391,500 - 0.00%
EQUIPMENT FUND - 16,840,250 765,500 4.55%
PARKS IMPROVEMENT - 1,275,000 - 0.00%
PARK SUBDIVISION IMPROVEMENT - 6,000 200 3.33%
TREE & BENCH MEMORIAL - 110,000 5,180 4.71%
SPECIAL ASSESSMENT REPLACEMENT - - 125,149 0.00%
DEBT SERVICE FUND - 13,650,000 13,685,352 100.26%
GRAND OPERA HOUSE FUND - 170,000 170,000 100.00%
TIF #25 CITY CENTR HOTEL - 156,500 139,296 89.01%
OSHKOSH CONVENTION CENTRE - 2,557,900 88,457 3.46%
TIF #26 AVIATION BUS PRK - - - 0.00%
PARKING RAMP FUND - 120,000 - 0.00%
TIF #27 N MAIN IND PARK - 410,000 480,806 117.27%
PARKING UTILITY - 103,900 43,965 42.31%
TIF #28 - BEACH BUILDING REDEV - 53,000 46,711 88.13%
TRANSIT UTILITY - 7,924,836 2,151,584 27.15%
TIF #29 MORGAN DISTRICT - 19,000 16,354 86.07%
TIF #30 WASHINGTON BUILDING - 55,000 48,045 87.35%
IND PARK LAND ENTERPRISE FUND - 510,000 - 0.00% 510,000
7,924,836
19,000
55,000
410,000
103,900
53,000
2,557,900
-
120,000
13,650,000
170,000
156,500
6,000
110,000
-
19,391,500
16,840,250
1,275,000
100,000
3,630,300
28,060,200
-
85,000
801,434
114,500
880,000
596,100
532,900
-
401,000
4,783,894
1,343,400
54,500
798,800
123,286
6,414,700
1,110,600
4,721,956
176,100
1,221,300
2,060,000
95,900
78,500
257,000
222,110
City of Oshkosh, WI
All Funds Statement of Revenues
February 2025
Adopted Budget
55,367,021
$
16.67% OF THE FISCAL YEAR HAS ELASPED 03/27/2025 02:52 PAGE: 1
City of Oshkosh, WI
All Funds Statement of Revenues
February 2025
TIF #31 BUCKSTAFF REDEVE - 600,000 387,802 64.63%
TIF #32 GRANARY REDEVELOPMENT - 12,000 9,989 83.25%
TIF #33 LAMICO REDEVELOPMENT - 230,000 205,151 89.20%
TIF #24 OSHKOSH CORP E-COAT - 173,500 154,558 89.08%
TIF #14 MERCY MEDICAL CENTER - 505,000 449,826 89.07%
TIF #15 PARK PLAZA COMMERCE ST - 163,100 143,680 88.09%
TIF #16 100 BLOCK REDEVELOPMNT - 144,600 127,955 88.49%
TIF #19 NW INDUSTRIAL EXPANSN - 274,000 227,538 83.04%
TIF #08 S AVIATION - - - 0.00%
TIF #17 CITY CENTER REDEVELOP - 231,600 201,023 86.80%
TIF #18 SOUTH WEST INDUSTRIAL - 479,000 424,581 88.64%
TIF #20 SOUTH SHORE REDEVELOP - - - 0.00%
TIF #21 FOX RIVER CORR - 525,000 467,926 89.13%
TIF #12 DIVISION ST - 147,600 129,473 87.72%
TIF #13 MARION RD/PEARL - 315,100 273,615 86.83%
TIF #23 SW IND PARK EXP - 15,000 13,171 87.80%
WATER UTILITY - 23,330,000 3,581,032 15.35%
SEWER UTILITY - 21,330,500 3,540,325 16.60%
STORMWATER UTILITY - 16,703,500 3,019,064 18.07%
INSPECTION SERVICES - 1,007,470 162,733 16.15%
TIF #34 OSHKOSH CORP HEADQTRS - 1,200,000 912,926 76.08%
TIF #35 OSHKOSH AVE CORRIDOR - 590,000 523,095 88.66%
TIF #36 MERGE REDEVELOPMENT - 422,000 375,633 89.01%
TIF #37 AVIATION PLAZA - 167,000 148,758 89.08%
TIF #38 PIONEER REDEVELOPMENT - 11,000 317 2.88%
TIF #39 CABRINI SCHOOL REDEV - 44,000 38,438 87.36%
TIF #40 MILES KIMBALL REDEVEL - 30,000 22,046 73.49%
TIF #41 SMITH SCHOOL REDEVELOP - 11,000 10,376 94.33%
TIF #42 MORGAN CROSSING II - 500 30 5.95%
TIF #43 MILL ON MAIN - - 2 0.00%
HEALTH INSURANCE FUND - 13,225,200 1,374,728 10.39%
WORKERS COMPENSATION - 1,011,700 1,011,700 100.00%
FIELD OPS INTERNAL SERVICE - 6,232,800 983,844 15.78%
PROPERTY TAXES - - - 0.00%
TRUST FUNDS - 1,314,700 440,713 33.52%
REDEVELOPMENT AUTHORITY - 156,000 248,133 159.06%
Total $
$
87,337 268,073,594
$
74,011,009
156,000
267,986,257
$
6,232,800
-
1,314,700
-
13,225,200
1,011,700
30,000
11,000
500
167,000
11,000
44,000
1,200,000
590,000
422,000
21,330,500
16,703,500
1,007,470
315,100
15,000
23,330,000
-
525,000
147,600
-
231,600
479,000
163,100
144,600
274,000
230,000
173,500
505,000
600,000
12,000
16.67% OF THE FISCAL YEAR HAS ELASPED 03/27/2025 02:52 PAGE: 1
Fund
Adopted
Budget
Current Year
Budget
Current Year
To Date
Current Year %
of Budget
GENERAL FUND $ 55,359,021 $ $ 55,542,059 $ 8,338,681 15.01%
SENIOR SERVICES REVOLVING FUND 59,200 68,028 3,172 4.66%
CDBG REVOLVING LOAN FUND 239,411 239,411 17,818 7.44%
BUSINESS IMPROVEMENT DISTRICT 255,000 255,000 27,920 10.95%
RECYCLING 1,141,524 1,141,778 105,327 9.22%
GARBAGE COLLECTION & DISPOSAL 1,978,990 2,000,652 237,786 11.89%
POLICE SPECIAL FUNDS 238,232 386,794 7,927 2.05%
STREET LIGHTING FUND 1,110,600 1,152,986 96,208 8.34%
SPECIAL EVENTS 3,155,633 5,904,357 557,755 9.45%
MUSEUM MEMBERSHIP FUND 269,700 269,700 7,361 2.73%
SENIOR SERVICES 797,374 828,417 121,269 14.64%
FIRE SPECIAL REVENUE 43,432 292,821 59,302 20.25%
AMBULANCE SERVICES 6,398,782 6,403,582 595,846 9.30%
LIBRARY 4,640,185 4,640,185 713,869 15.38%
MUSEUM 1,351,610 1,351,610 156,827 11.60%
MUSEUM COLLECTIONS 65,900 71,055 1,276 1.80%
CEMETERY 561,821 561,821 61,194 10.89%
COMMUNITY DEVEL SPECIAL FUNDS 10,500 10,500 - 0.00%
PARKS REVENUE FACILITIES 348,137 398,137 24,308 6.11%
LEACH AMPHITHEATER 111,383 111,383 4,969 4.46%
PUBLIC WORKS SPECIAL FUND 758,456 758,536 114,433 15.09%
POLLOCK WATER PARK 1,349,195 1,349,195 14,273 1.06%
NEIGHBORHOOD IMPROV LOAN PRGRM 218,100 218,100 - 0.00%
HEALTHY NEIGHBORHOOD INITIATVE 628,076 628,076 59,107 9.41%
COMMUNITY DEVLP BLOCK GRANT 2,271,001 3,291,310 86,892 2.64%
LOCAL GO EDC REV LOAN PROGRAM 400,000 400,000 - 0.00%
SPECIAL ASSESSMENT IMPROVEMENT 1,307,142 1,307,142 2,358 0.18%
CONTRACT CONTROL FUND 31,937,313 97,183,756 1,340,624 1.38%
ENTERPRISE CAPITAL FUND 86,453,635 163,001,995 163,016 0.10%
EQUIPMENT FUND 5,767,761 23,103,509 729,616 3.16%
PARKS IMPROVEMENT 4,044,365 6,094,962 5,975 0.10%
PARK SUBDIVISION IMPROVEMENT - - - 0.00%
TREE & BENCH MEMORIAL 154,000 154,000 - 0.00%
SPECIAL ASSESSMENT REPLACEMENT - - - 0.00%
DEBT SERVICE FUND 15,200,000 15,200,000 42,647 0.28%
GRAND OPERA HOUSE FUND 35,900 36,588 1,963 5.37%
TIF #25 CITY CENTR HOTEL 150 150 - 0.00%
OSHKOSH CONVENTION CENTRE 2,412,762 2,431,911 273,486 11.25%
TIF #26 AVIATION BUS PRK 150 150 - 0.00%
PARKING RAMP FUND 99,800 99,800 3,990 4.00%
TIF #27 N MAIN IND PARK 100,150 100,150 - 0.00%
PARKING UTILITY 209,447 209,447 13,271 6.34%
TIF #28 - BEACH BUILDING REDEV 150 150 - 0.00%
TRANSIT UTILITY 15,661,171 15,990,809 703,200 4.40%
TIF #29 MORGAN DISTRICT 150 150 - 0.00%
TIF #30 WASHINGTON BUILDING 38,150 38,150 - 0.00%
IND PARK LAND ENTERPRISE FUND 30,700 30,700 683 2.22%
TIF #31 BUCKSTAFF REDEVE 570,250 570,250 - 0.00%
329,638
-
-
-
-
-
-
-
-
-
-
-
688
-
19,149
76,548,360
17,335,748
2,050,597
-
-
-
1,020,309
-
-
65,246,444
50,000
-
80
-
-
-
-
5,155
-
-
2,748,723
-
31,043
249,389
4,800
-
254
21,662
148,562
42,386
City of Oshkosh, WI
All Funds Statement of Expenditures
February 2025
Carry-over
Encumbrances
and Amendments
183,038
8,828
-
16.67% OF THE FISCAL YEAR HAS ELASPED 03/27/2025 02:41 PAGE: 1
City of Oshkosh, WI
All Funds Statement of Expenditures
February 2025
TIF #32 GRANARY REDEVELOPMENT 11,150 11,150 - 0.00%
TIF #33 LAMICO REDEVELOPMENT 220,150 395,150 - 0.00%
TIF #24 OSHKOSH CORP E-COAT 150 150 - 0.00%
TIF #14 MERCY MEDICAL CENTER 570,723 646,100 45,466 7.04%
TIF #15 PARK PLAZA COMMERCE ST 300,150 300,150 - 0.00%
TIF #16 100 BLOCK REDEVELOPMNT 100,150 100,150 - 0.00%
TIF #19 NW INDUSTRIAL EXPANSN 75,150 75,150 965 1.28%
TIF #08 S AVIATION 10,300 10,300 - 0.00%
TIF #17 CITY CENTER REDEVELOP 347,750 347,750 - 0.00%
TIF #18 SOUTH WEST INDUSTRIAL 150 150 - 0.00%
TIF #20 SOUTH SHORE REDEVELOP 4,192,786 4,615,801 14,547 0.32%
TIF #21 FOX RIVER CORR 814,050 814,050 - 0.00%
TIF #12 DIVISION ST 150 150 - 0.00%
TIF #13 MARION RD/PEARL 79,450 79,450 17 0.02%
TIF #23 SW IND PARK EXP 392,650 392,650 100 0.03%
WATER UTILITY 20,797,355 21,055,193 1,626,937 7.73%
SEWER UTILITY 16,772,533 17,015,241 1,308,385 7.69%
STORMWATER UTILITY 9,766,350 9,925,036 793,805 8.00%
INSPECTION SERVICES 1,177,034 1,177,034 178,313 15.15%
TIF #34 OSHKOSH CORP HEADQTRS 1,200,150 1,200,150 - 0.00%
TIF #35 OSHKOSH AVE CORRIDOR 178,217 178,217 - 0.00%
TIF #36 MERGE REDEVELOPMENT 315,150 315,150 - 0.00%
TIF #37 AVIATION PLAZA 150,150 150,150 - 0.00%
TIF #38 PIONEER REDEVELOPMENT 150 150 - 0.00%
TIF #39 CABRINI SCHOOL REDEV 35,150 35,150 - 0.00%
TIF #40 MILES KIMBALL REDEVEL 27,150 27,150 - 0.00%
TIF #41 SMITH SCHOOL REDEVELOP 10,150 10,150 - 0.00%
TIF #42 MORGAN CROSSING II 150 150 - 0.00%
TIF #43 MILL ON MAIN 400,150 400,150 - 0.00%
HEALTH INSURANCE FUND 12,861,789 12,861,789 1,968,327 15.30%
WORKERS COMPENSATION 1,017,237 1,017,237 96,418 9.48%
FIELD OPS INTERNAL SERVICE 7,133,584 7,217,421 881,016 12.21%
PROPERTY TAXES - - 31 0.00%
TRUST FUNDS 305,267 305,267 79,729 26.12%
REDEVELOPMENT AUTHORITY 120,360 120,360 252,507 209.79%
Total $ 327,167,394 $ $ 494,628,708 $ 21,940,911 167,461,314
-
83,837
-
-
-
-
-
-
-
-
-
-
-
-
-
257,838
242,708
158,686
-
-
423,015
-
-
-
-
-
-
-
-
-
-
175,000
-
75,378
-
16.67% OF THE FISCAL YEAR HAS ELASPED 03/27/2025 02:41 PAGE: 1
FUND NET CHANGE FUND BALANCE
100 GENERAL FUND 2,428,873.54 (39,217,804.66)
201 SENIOR SERVICES REVOLVING FUND (16,603.93) (222,715.18)
202 CDBG REVOLVING LOAN FUND 301.97 (369,765.83)
209 BUSINESS IMPROVEMENT DISTRICT 14,220.97 (285,380.33)
211 RECYCLING 48,961.38 (3,866,046.89)
212 GARBAGE COLLECTION & DISPOSAL 137,160.74 (1,668,849.23)
215 POLICE SPECIAL FUNDS (1,705.49) (512,103.46)
223 STREET LIGHTING FUND 94,058.48 (1,291,252.40)
224 SPECIAL EVENTS 349,322.43 (627,560.28)
227 MUSEUM MEMBERSHIP FUND 2,772.27 (709,337.13)
231 SENIOR SERVICES 37,068.99 (341,647.29)
235 FIRE SPECIAL REVENUE 18,762.94 (286,806.03)
237 AMBULANCE SERVICES 328,453.72 (1,004,154.31)
239 LIBRARY 291,749.36 (2,772,137.40)
241 MUSEUM 76,874.07 (1,065,485.99)
242 MUSEUM COLLECTIONS (963.14) (864,113.56)
247 CEMETERY 20,731.94 (692,550.75)
249 COMMUNITY DEVEL SPECIAL FUNDS - (178,110.76)
255 PARKS REVENUE FACILITIES 5,225.60 (743,168.03)
256 LEACH AMPHITHEATER (214.00) (137,441.87)
257 PUBLIC WORKS SPECIAL FUND 56,613.17 268,922.87
259 POLLOCK WATER PARK 5,723.25 (125,291.01)
271 RENTAL INSPECTIONS - (45,770.20)
301 NEIGHBORHOOD IMPROV LOAN PRGRM - (290,188.25)
302 HEALTHY NEIGHBORHOOD INITIATVE 10,401.50 (2,430,481.89)
303 COMMUNITY DEVLP BLOCK GRANT - (3,976,995.29)
304 LOCAL GO EDC REV LOAN PROGRAM - (2,073,581.48)
307 SENIOR CENTER - (129,408.31)
311 SIDEWALK CONSTRUCTION FUND - 4,965,560.63
315 STREET IMPROVEMENT FUND - (11,341,010.39)
317 SPECIAL ASSESSMENT IMPROVEMENT (80,779.70) (20,613,416.96)
321 CONTRACT CONTROL FUND 1,158,522.38 (1,474,846.39)
322 ENTERPRISE CAPITAL FUND 163,015.59 1,129,513.51
323 EQUIPMENT FUND 646,816.87 (12,336,735.65)
325 PARKS IMPROVEMENT 3,821.25 (1,115,377.91)
327 PARK SUBDIVISION IMPROVEMENT - (434,408.77)
329 FACILITY IMPROVEMENT FUND - (2,000.00)
333 TREE & BENCH MEMORIAL (600.00) 18,330.59
335 SPECIAL ASSESSMENT REPLACEMENT (125,148.50) (3,153,797.50)
401 DEBT SERVICE FUND (135,651.04) (16,004,010.48)
501 GRAND OPERA HOUSE FUND 655.28 (18,052.50)
502 TIF #25 CITY CENTR HOTEL - (285,402.92)
503 OSHKOSH CONVENTION CENTRE (66,717.49) (10,333,103.11)
504 TIF #26 AVIATION BUS PRK - 3,780,028.08
505 TIF RESERVE FUND - (41,754.53)
506 PARKING RAMP FUND 3,042.35 (465,889.52)
508 TIF #27 N MAIN IND PARK - 13,872.94
509 PARKING UTILITY (6,419.17) (3,020,806.51)
510 TIF #28 - BEACH BUILDING REDEV - (106,550.76)
511 TRANSIT UTILITY 369,968.31 (13,706,777.99)
512 TIF #29 MORGAN DISTRICT - (66,831.06)
City of Oshkosh, WI
Change in Fund Balances
February 2025
514 TIF #30 WASHINGTON BUILDING - (121,709.46)
515 IND PARK LAND ENTERPRISE FUND 249.14 (2,896,920.77)
516 TIF #31 BUCKSTAFF REDEVE - (424,812.93)
518 TIF #32 GRANARY REDEVELOPMENT - (17,408.06)
519 TIF #33 LAMICO REDEVELOPMENT - (594,650.49)
520 TIF #24 OSHKOSH CORP E-COAT - (412,208.40)
522 TIF #14 MERCY MEDICAL CENTER - (1,690,191.27)
524 TIF #15 PARK PLAZA COMMERCE ST - (3,528,647.34)
526 TIF #16 100 BLOCK REDEVELOPMNT - (956,302.96)
528 TIF #19 NW INDUSTRIAL EXPANSN 965.00 (1,469,757.89)
529 TIF #08 S AVIATION - (24,872.51)
530 TIF #17 CITY CENTER REDEVELOP - (843,210.09)
532 TIF #18 SOUTH WEST INDUSTRIAL - (857,731.09)
533 TIF #10 MAIN & WASH - 0.29
534 TIF #20 SOUTH SHORE REDEVELOP 11,730.43 (2,253,892.65)
535 TIF #11 OSH OFFICE CENTR - (0.08)
536 TIF #21 FOX RIVER CORR - (1,384,299.15)
537 TIF #12 DIVISION ST - (989,620.98)
539 TIF #13 MARION RD/PEARL 8.70 46,925.31
540 TIF #23 SW IND PARK EXP - 3,363,809.14
541 WATER UTILITY (659,404.90) (90,201,851.73)
551 SEWER UTILITY (846,336.02) (93,482,336.10)
561 STORMWATER UTILITY (936,100.34) (88,494,558.33)
571 INSPECTION SERVICES (9,441.05) (3,031,014.54)
580 TIF #34 OSHKOSH CORP HEADQTRS - (902,123.96)
581 TIF #35 OSHKOSH AVE CORRIDOR - (2,940,011.59)
582 TIF #36 MERGE REDEVELOPMENT - (440,209.74)
583 TIF #37 AVIATION PLAZA - (213,944.14)
584 TIF #38 PIONEER REDEVELOPMENT - (16,422.30)
585 TIF #39 CABRINI SCHOOL REDEV - (85,110.34)
586 TIF #40 MILES KIMBALL REDEVEL - (11,303.13)
587 TIF #41 SMITH SCHOOL REDEVELOP - 818.45
588 TIF #42 MORGAN CROSSING II - 2,670.97
589 TIF #43 MILL ON MAIN - 65,373.32
590 TIF #44 - NW OSHKOSH EXPANSION - 1,000.00
601 HEALTH INSURANCE FUND (51,786.88) (5,272,668.21)
603 WORKERS COMPENSATION 93,762.26 (1,542,808.11)
609 FIELD OPS INTERNAL SERVICE 38,491.38 1,666,350.48
701 PROPERTY TAXES - 145,842.43
707 TRUST FUNDS 18,574.19 (16,280,684.70)
901 REDEVELOPMENT AUTHORITY (1,000.00) (8,321,001.91)
Beginning
Balance
Period
Change
Ending
Balance
OPERATING CASH
TREASURY CASH - OPERATIONS $168,473,577.24 ($5,884,416.21)$162,589,161.03
0707 - TRUST FUNDS
80501 - CEMETERY TRUST $24,041.47 $200.00 $24,241.47
80615 - OPL MEMORIALS $1,242.16 $1,242.16
80649 - OPL-W POINTE BANK-CHECKING $84,092.85 $84,092.85
80801 - FISK-GALLUP TRUST $27,844.92 $27,844.92
TRUST AND INVESTMENTS
TREASURY CASH - OPERATIONS $31,954,255.97 $31,954,255.97
0227 - MUSEUM MEMBERSHIP FUND $104,195.31 $104,195.31
0242 - MUSEUM COLLECTIONS $834,002.10 $834,002.10
0541 - WATER UTILITY $1,280,172.25 $1,280,172.25
0551 - SEWER UTILITY $2,276,608.25 $2,276,608.25
0561 - STORMWATER UTILITY $600.65 $600.65
0707 - TRUST FUNDS
80501 - CEMETERY TRUST $1,359,643.01 $1,359,643.01
80502 - HARVEY C CLUTE TRUST $75.61 $75.61
80503 - HEYMAN TRUST $40,218.22 $40,218.22
80504 - ROBERT J HUME TRUST $1,489.99 $1,489.99
80505 - AMBER H MAXWELL TRUST $8,304.77 $8,304.77
80506 - JOHN FRANCIS ROBERTS TRUST $2,761.15 $2,761.15
80507 - LOUISE SARAU TRUST $6,012.30 $6,012.30
80601 - OACF OPLCIF HOXTEL $27,999.81 $27,999.81
80605 - OACF OPLCIF ARCHER $2,884.59 $2,884.59
80607 - OACF OPLCIF A GRUENWALD $4,364.32 $4,364.32
80609 - OACF OPLCIF G HILTON $18,454.26 $18,454.26
80612 - OACF OPLCIF E W KELSH $4,372.41 $4,372.41
80613 - OACF OPLCIF G KENNY $15,200.89 $15,200.89
80618 - OACF OPLCIF SCHUSTER BOOKS $266,927.31 $266,927.31
80627 - OACF OPLCIF S ZELLMER $139,445.90 $139,445.90
80628 - JOHN HICKS TRUST FUND $198,032.87 $198,032.87
80629 - OACF DEVELOPMENT & SUPPORT $697,865.81 $697,865.81
80630 - OACF FACILITY IMPROVEMENT $1,949,883.62 $1,949,883.62
80631 - OACF PROGRAMMING SUPPORT $1,277,444.99 $1,277,444.99
80632 - OACF TECHNOLOGY $1,308,327.41 $1,308,327.41
80633 - OACF COLLECTION IMPROVEMENT FUND $1,348,401.42 $1,348,401.42
80634 - OACF PRO SUPP FUND - MARY MALNAR $31,747.53 $31,747.53
80635 - OACF TECH FUND - AV TRUST $41,234.55 $41,234.55
80636 - OACF TECH FUND - JOHN NICHOLS $53,010.73 $53,010.73
80637 - OACF OPLCIF-G JACKSON $2,596.16 $2,596.16
80638 - OACF OPLCIF-W STEIGER $16,698.75 $16,698.75
80640 - OACF RON METZ CENTENNIAL FUND $39,280.13 $39,280.13
City of Oshkosh, WI
Cash and Investment Report
For the Month Ended February 28, 2025
Beginning
Balance
Period
Change
Ending
Balance
City of Oshkosh, WI
Cash and Investment Report
For the Month Ended February 28, 2025
80642 - GEORGE HILTON LIBRARY & MUSEUM TRST $4,339.90 $4,339.90
80643 - GEORGE HILTON SPECIAL LIBRARY TRUST $1,013.14 $1,013.14
80644 - FRANK & ANNA ROJAHN TRUST $10,911.92 $5.22 $10,917.14
80645 - MARGUERITE E ZELLMER TRUST $12,104.57 $12,104.57
80646 - 0ACF CONVENTION CENTER MAINT FUND $340,316.16 $340,316.16
80647 - OACF POLICE DEPT FUND $684,830.44 $684,830.44
80648 - OACF - OPL - BRUCE L DECKER FAC IMP $505,448.63 $505,448.63
80650 - ABBEY S HARRIS TRUST $1,794.44 $1,794.44
80651 - OPL-CIF-RASMUSSEN $57,185.33 $57,185.33
80652 - OPL-CIF-ROJAHN $4,717.98 $4,717.98
80701 - ETHEL J BEHNCKE MUSEUM TRUST $165,573.47 $165,573.47
80702 - WILLIAM E BRAY MUSEUM TRUST $12,108.59 $12.74 $12,121.33
80703 - FREDERICK S & MARION H DUROW TRUST $3,204,201.59 ($62,300.00)$3,141,901.59
80704 - LONA & EDWARD G KITZ TRUST $101,491.28 $101,491.28
80705 - RICHARD KITZ DIRECTORS TRUST $171,461.57 $171,461.57
80706 - MUSEUM ENDOWMENT TRUST $456,070.05 $456,070.05
80707 - R KITZ BEQUEST $253,095.64 $253,095.64
80709 - OACF - MUSEUM CAPITAL CAMPAIGN FUND $661,062.65 $661,062.65
80801 - FISK-GALLUP TRUST $5,697.62 $0.00 $5,697.62
80802 - EMMA J GOULD TRUST $4,464.50 $4,464.50
80803 - SOPHIE L HUHN TRUST $5,166.90 $5,166.90
80804 - JULIA L STANHILBER LIB & PKS TRUST $802,445.32 $802,445.32
80805 - JULIA L STANHILBER PARKS TRUST $1,467.96 $1,467.96
80903 - OACF - FIRE DEPT FUND $25,127.57 $25,127.57
INVESTMENTS-DEPRECIATION FUND
0541 - WATER UTILITY $165,633.69 $165,633.69
INVESTMENTS-REVENUE BOND RESERVE
0541 - WATER UTILITY $5,323,730.14 $5,323,730.14
0551 - SEWER UTILITY $5,983,766.62 $5,983,766.62
0561 - STORMWATER UTILITY $8,365,870.42 $8,365,870.42
CASH ON HAND
FOR THE MONTH ENDED FEBRUARY 28, 2024
D A TE :D A T E :April 08, 2025
SUB JEC T:SUB JEC T :Receipt & Filing of Minutes - Library Board, 02.27.25
A t t a chment sAttachments
Regular Meeting Minutes 02.27.25
Page 1
MINUTES OF THE LIBRARY BOARD
Oshkosh Public Library
February 27, 2025
The February 27, 2025, Oshkosh Public Library Board of Trustees meeting was held in the Oshkosh Public
Library meeting room and called to order at 4:00 PM by Trustee Perlman.
Present: Kim Brown, Susan Fojtik, Tony Kneepkens, Larry Lautenschlager, Christine Melms-Simon,
Baron Perlman, David Rucker, Molly Templin, Adjunct Board Member and Jason Schmidt,
Adjunct Board Member.
Absent: Bill Bracken, Lindsey Mugerauer and Amber Shemanski.
Also Present: Darryl Eschete, Library Director; Lisa Voss, Head of Library Development; Ruth Percey,
Head of Circulation and Marcy Cannon, Winnefox Library System Business Manager.
Consent Agenda
• Minutes of the Regular Board Meeting of January 30, 2025
• Authorized Payments from January 24 – February 17, 2025, totaling $50,961.24, It was noted that the
financial report presented at this meeting contained a typographical error, which over-reported the
expenditure for Cengage Learning as $1,804.40. The correct expenditure amount for Cengage
Learning is $1,004.40, and the total should have been reported as $50,061.24. The necessary
adjustments have been made to the financial records to reflect the correct amounts.
Motion to approve the consent agenda.
Motion: Lautenschlager; Second: Melms-Simon; Vote: Unanimous
New Business
• Motion to approve revisions to the Literature Distribution policy as presented.
Motion: Fojtik; Second: Melms-Simon; Vote: Unanimous
• Discussion: Upon review of the Oshkosh Public Library Annual Report to DPI, the Board requested a
few clerical revisions which did not affect the Statement of Library System Effectiveness.
Motion to approve the Statement of Library System Effectiveness for the annual report to DPI as
presented.
Motion: Lautenschlager; Second: Melms-Simon
• Motion to approve the Memorandum of Understanding regarding Oshkosh Public Library’s participation
in the JobPod project as presented.
Motion: Melms-Simon; Second: Lautenschlager; Vote: Unanimous
• Motion to approve use of $12,500 of Library Development Endowment funds for a compensation study.
Motion: Lautenschlager; Second: Melms-Simon;
Vote: Motion Passed 6-1 (Rucker opposed)
Motion to adjourn at 4:45 pm.
Motion: Kneepkens; Second: Brown; Vote: Unanimous
Respectfully submitted,
Darryl Eschete, Secretary
Marcy Cannon, Recorder
SUB JEC T:SUB JEC T :Receipt & Filing of Claims Filed with the City's Insurance Company
D A TE :D A T E :April 08, 2025
Cla im I nforma t ionClaim I nfor m a t io n
Claimant: Carlson
Date of Loss: January 11, 2025
Summary of Claim: Alleged damage due to water line break
Claimant: Countryside Estates
Date of Loss: January 11, 2025
Summary of Claim: Alleged damage due to water line break
Claimant: Kaufmann
Date of Loss: January 11, 2025
Summary of Claim: Alleged damage due to water line break
Claimant: Nigl
Date of Loss: January 11, 2025
Summary of Claim: Alleged damage due to water line break
Claimant: Martin
Date of Loss: 02/22/2025
Summary of Claim: Alleged damage to his vehicle from a pothole
SUB JEC T:SUB JEC T :Dissallowance of Claim - Martin
D A TE :D A T E :April 08, 2025
A t t a chment sAttachments
RES 25-144
Disallowance letter
4/8/2025 25-144 RESOLUTION
CARRIED 6-0
PURPOSE: DISALLOWANCE OF CLAIM
INITIATED BY : CITY CLERK
WHEREAS, the following claim has been referred to the City's insurance carrier, which has recommended
disallowance.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that the proper City
officials are hereby authorized and directed to disallow the following claim against the City of Oshkosh:
Name - Derrick Martin
Date of Loss - 02.22.25
BE IT FURTHER RESOLVED that the City Clerk is hereby directed to inform the claimant by certified mail of the
disallowance and the fact that the claimant has six months from the date of service to appeal.
BE IT FURTHER RESOLVED that the City Clerk is directed to send a copy of this resolution and notice of
disallowance to the appropriate insurance carrier for the City of Oshkosh.
TO :T O :Honorable Mayor and Members of the Common Council
FRO M :FRO M :Julie Calmes, Finance Director
D A TE :D A T E :April 08, 2025
SUB JEC T:SUB JEC T :Res 25-145 Amend 2025 Library Fees and Charges
B A C KGRO UN DBACKGROUND
One of the annual goals of the Finance Department is to complete a comprehensive review of the fees
and charges for the City. The most recent update was approved by Council in December of 2024. The
City realized that the 2025 Fees and Charges Schedule was incomplete of all the Library fines and fees
that are set by the Library Board.
A N A L Y SI SANALYSIS
The Finance Department has prepared an updated list of the fees and charges for library to be assessed
to the public. Consistent with the overall Fee Schedule that was adopted by Council, the listing is
compiled by Department or Activity Level and includes a description of the individual fees, the 2025
proposed rate, the prior (or current rate), the basis for the fee, and additional notes as may be
applicable.
The Library's fee section was updated with all the fees and charges approved by the Library Board. The
updated information is highlighted in orange. These changes include the zero charge for room rentals
except for the Dome and removing the ability to replace a lost item with a new exact edition of the lost
item instead of paying the replacement fee.
The Library Board approved these updates and the Library Director has requested that they all be
added to the City's existing Fee and Charges schedule. The effective date for all changes will be May 1,
2025.
REC O M M E N D A TI ONRECOMMENDATION
Staff recommends that Council pass this resolution.
A t t a chment sAttachments
RES 25-145
Library Board Materials
Library Fees and Charges Schedule
04/08/2025 25-145 RESOLUTION
CARRIED 6-0
PURPOSE: AMEND 2025 FEES AND CHARGES FOR LIBRARY
INITIATED BY : FINANCE DEPARTMENT
WHEREAS, the City charges fees for various services; and
WHEREAS, in the interest of providing a single resource for all City fees and charges, staff recommends
updating the City 2025 Fees and Charges Schedule with the updates from the Library Board approved Fines
and Fees schedule.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that the attached
amendment to the City of Oshkosh 2025 Fees and Charges Schedule to include the Library’s fee schedule, is
hereby approved and adopted. This change shall be effective on and after May 1, 2025.
2025 Fees and Charges Schedule
Approved and Adopted: _12/10/2024_
Resolution: _24-685_
Department / Division Type Fee / Charge Description 2025 Rate / Amount Prior Rate / Amount Basis for the Fee Notes for Council
For Finance Office Use Only:
Last Reviewed / Updated
LIBRARY LIBRARY
LIBRARY Charge Single meeting room, open to the public $0.00 $15/hour, plus $5 ea addtl 1/2 hr. No Fee Effective May 1, 2025 per Library Board Recommendation
LIBRARY Charge Double meeting room, open to the public $0.00 $30/hour, plus $10 ea addtl 1/2 hr. No Fee Effective May 1, 2025 per Library Board Recommendation
LIBRARY Charge Single meeting room, not open to public not open to the public not open to the public Market
LIBRARY Charge Double meeting room, not open to public not open to the public not open to the public Market
LIBRARY Charge Single meeting room attendance fee attendance fee Market
LIBRARY Charge Double meeting room attendance fee attendance fee Market
LIBRARY Charge Dome
$300/hour, plus $75 per 15 minutes;
setup that exceeds one hour of library
staff time $25 per 30 minutes; $100 non
refundable deposit required
$300/hour, plus $150 per 30 minutes;
setup that exceeds one hour of library
staff time $25 per 30 minutes; $100 non
refundable deposit required
Market Please refer to Library's Dome Rental Policy
LIBRARY Fee Computer Print-Outs and Photocopies (black and white) $0.10 per page (Includes Sales Tax) $0.10 per page (Includes Sales Tax) Partial Cost Recovery
LIBRARY Fee Computer Print-Outs and Photocopies (color)$0.25 per page (Includes Sales Tax) $0.25 per page (Includes Sales Tax) Partial Cost Recovery
LIBRARY Fee FAX Copies $2.00 (Includes Sales Tax) $2.00 (Includes Sales Tax) Partial Cost Recovery Flat Fee
LIBRARY Fee Scan No Charge N/A
LIBRARY Fee Microfilm or Microfiche Prints $0.10 per page (Includes Sales Tax) $0.50 per page (Includes Sales Tax) Partial Cost Recovery
LIBRARY FINES & FEES:
LIBRARY Penalty Daily fee for adult material.$0.00 $0.00 No Fee
LIBRARY Penalty Daily fee for juvenile material.$0.00 $0.00 No Fee
LIBRARY Penalty Reference material per day per item $0.00 $0.00 No Fee
LIBRARY Penalty DVD's/ Videos per day per $0.00 $0.00 No Fee
LIBRARY Penalty Juvenile DVDs/Videos per day per item $0.00 $0.00 No Fee
LIBRARY Penalty Interlibrary Loan Material per day per item $1.00 $1.00 Incentive to return materials
LIBRARY Penalty On days library is closed $0.00 $0.00 No Fee
LIBRARY Penalty Items borrowed outside of the Winnefox Library System via the Interlibrary Loan
service $1.00 per day / Max fine $10 $1.00 Incentive to return materials Please refer to Library's Fines and Fees Schedule
LIBRARY Penalty Hotspots $1.00 per day / Max fine $10 Wasn't Previously Included Here Incentive to return materials Please refer to Library's Fines and Fees Schedule
LIBRARY MAXIMUM FINES:
LIBRARY Penalty Reference & Interlibrary loan material $10.00 $10.00 Stop loss
LIBRARY
Penalty All Materials
Patrons are allowed to check out material
until their total accumulation of fines
reaches $25.00. When this amount is
exceeded, the patron must reduce the fine
to below $25.00 before additional
material may be checked out.
Patrons are allowed to check out
material until their total accumulation of
fines reaches $10.00. When this amount
is exceeded, the patron must reduce the
fine to below $10.00 before additional
material may be checked out. Stop loss
Updated to match Library's Fines and Fees Schedule
LIBRARY LOST OR DAMAGED MATERIAL FEES: * Payment will be refunded up to one year after the item is paid for, if the item is located by the borrower and returned to the library or is located by the library and the borrower can be contacted.
LIBRARY Penalty Audio-Visual $60.00 Wasn't Previously Included Here Partial Cost Recovery Please refer to Library's Fines and Fees Schedule
LIBRARY Penalty Audio-Visual Equipment $50.00 Wasn't Previously Included Here Partial Cost Recovery Please refer to Library's Fines and Fees Schedule
LIBRARY Penalty Book $20.00 Wasn't Previously Included Here Partial Cost Recovery Please refer to Library's Fines and Fees Schedule
LIBRARY Penalty Book-Local Hold $20.00 Wasn't Previously Included Here Partial Cost Recovery Please refer to Library's Fines and Fees Schedule
LIBRARY Penalty Book-No Hold $20.00 Wasn't Previously Included Here Partial Cost Recovery Please refer to Library's Fines and Fees Schedule
LIBRARY Penalty Cassette $15.00 Wasn't Previously Included Here Partial Cost Recovery Please refer to Library's Fines and Fees Schedule
LIBRARY Penalty Cassette-Local Hold $15.00 Wasn't Previously Included Here Partial Cost Recovery Please refer to Library's Fines and Fees Schedule
LIBRARY Penalty CD $12.00 Wasn't Previously Included Here Partial Cost Recovery Please refer to Library's Fines and Fees Schedule
LIBRARY Penalty CD-Local Hold $12.00 Wasn't Previously Included Here Partial Cost Recovery Please refer to Library's Fines and Fees Schedule
LIBRARY Penalty CD-Book $40.00 Wasn't Previously Included Here Partial Cost Recovery Please refer to Library's Fines and Fees Schedule
LIBRARY Penalty CD-Book-Local Hold $40.00 Wasn't Previously Included Here Partial Cost Recovery Please refer to Library's Fines and Fees Schedule
LIBRARY Penalty CD-ROM $45.00 Wasn't Previously Included Here Partial Cost Recovery Please refer to Library's Fines and Fees Schedule
LIBRARY Penalty CD-ROM-Local Hold $45.00 Wasn't Previously Included Here Partial Cost Recovery Please refer to Library's Fines and Fees Schedule
LIBRARY Penalty Digital (Playaways, etc)$60.00 Wasn't Previously Included Here Partial Cost Recovery Please refer to Library's Fines and Fees Schedule
LIBRARY Penalty Digital (Playaways) - Local Hold $60.00 Wasn't Previously Included Here Partial Cost Recovery Please refer to Library's Fines and Fees Schedule
LIBRARY Penalty DVD $15.00 Wasn't Previously Included Here Partial Cost Recovery Please refer to Library's Fines and Fees Schedule
LIBRARY Penalty DVD-Local Hold $15.00 Wasn't Previously Included Here Partial Cost Recovery Please refer to Library's Fines and Fees Schedule
LIBRARY Penalty DVD-No Hold $15.00 Wasn't Previously Included Here Partial Cost Recovery Please refer to Library's Fines and Fees Schedule
LIBRARY Penalty Interlibrary Loan Item $100.00 Wasn't Previously Included Here Partial Cost Recovery Please refer to Library's Fines and Fees Schedule
LIBRARY Penalty Children's Book $12.00 Wasn't Previously Included Here Partial Cost Recovery Please refer to Library's Fines and Fees Schedule
LIBRARY Penalty Children's Book-Local Hold $12.00 Wasn't Previously Included Here Partial Cost Recovery Please refer to Library's Fines and Fees Schedule
LIBRARY Penalty Children's Book-No Hold $12.00 Wasn't Previously Included Here Partial Cost Recovery Please refer to Library's Fines and Fees Schedule
LIBRARY Penalty Children's Cassette $15.00 Wasn't Previously Included Here Partial Cost Recovery Please refer to Library's Fines and Fees Schedule
LIBRARY Penalty Children's Cassette-Local Hold $15.00 Wasn't Previously Included Here Partial Cost Recovery Please refer to Library's Fines and Fees Schedule
LIBRARY Penalty Children's CD $12.00 Wasn't Previously Included Here Partial Cost Recovery Please refer to Library's Fines and Fees Schedule
LIBRARY Penalty Children's CD-Local Hold $12.00 Wasn't Previously Included Here Partial Cost Recovery Please refer to Library's Fines and Fees Schedule
LIBRARY Penalty Children's CD-Book $25.00 Wasn't Previously Included Here Partial Cost Recovery Please refer to Library's Fines and Fees Schedule
LIBRARY Penalty Children's CD-Book-Local Hold $25.00 Wasn't Previously Included Here Partial Cost Recovery Please refer to Library's Fines and Fees Schedule
LIBRARY Penalty Children's CD ROM $45.00 Wasn't Previously Included Here Partial Cost Recovery Please refer to Library's Fines and Fees Schedule
LIBRARY Penalty Children's CD ROM- Local Hold $45.00 Wasn't Previously Included Here Partial Cost Recovery Please refer to Library's Fines and Fees Schedule
LIBRARY Penalty Children's Digital $60.00 Wasn't Previously Included Here Partial Cost Recovery Please refer to Library's Fines and Fees Schedule
LIBRARY Penalty Children's Digital-Local Hold $60.00 Wasn't Previously Included Here Partial Cost Recovery Please refer to Library's Fines and Fees Schedule
LIBRARY Penalty Children's DVD $15.00 Wasn't Previously Included Here Partial Cost Recovery Please refer to Library's Fines and Fees Schedule
LIBRARY Penalty Children's DVD-Local Hold $15.00 Wasn't Previously Included Here Partial Cost Recovery Please refer to Library's Fines and Fees Schedule
LIBRARY Penalty Children's DVD-No Hold $15.00 Wasn't Previously Included Here Partial Cost Recovery Please refer to Library's Fines and Fees Schedule
LIBRARY Penalty Children's Kit $25.00 Wasn't Previously Included Here Partial Cost Recovery Please refer to Library's Fines and Fees Schedule
LIBRARY Penalty Children's Magazine $5.00 Wasn't Previously Included Here Partial Cost Recovery Please refer to Library's Fines and Fees Schedule
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2025 Fees and Charges Schedule
Approved and Adopted: _12/10/2024_
Resolution: _24-685_
Department / Division Type Fee / Charge Description 2025 Rate / Amount Prior Rate / Amount Basis for the Fee Notes for Council
For Finance Office Use Only:
Last Reviewed / Updated
LIBRARY Penalty Children's Puppet/Puzzle/Game $20.00 Wasn't Previously Included Here Partial Cost Recovery Please refer to Library's Fines and Fees Schedule
LIBRARY Penalty Children's Video $15.00 Wasn't Previously Included Here Partial Cost Recovery Please refer to Library's Fines and Fees Schedule
LIBRARY Penalty Children's Video-Local Hold $15.00 Wasn't Previously Included Here Partial Cost Recovery Please refer to Library's Fines and Fees Schedule
LIBRARY Penalty Adult Kit $25.00 Wasn't Previously Included Here Partial Cost Recovery Please refer to Library's Fines and Fees Schedule
LIBRARY Penalty Long-Loan-No Hold $20.00 Wasn't Previously Included Here Partial Cost Recovery Please refer to Library's Fines and Fees Schedule
LIBRARY Penalty Magazine $5.00 Wasn't Previously Included Here Partial Cost Recovery Please refer to Library's Fines and Fees Schedule
LIBRARY Penalty Magazine-Local Hold $5.00 Wasn't Previously Included Here Partial Cost Recovery Please refer to Library's Fines and Fees Schedule
LIBRARY Penalty Microform $100.00 Wasn't Previously Included Here Partial Cost Recovery Please refer to Library's Fines and Fees Schedule
LIBRARY Penalty New Book $20.00 Wasn't Previously Included Here Partial Cost Recovery Please refer to Library's Fines and Fees Schedule
LIBRARY Penalty Newspaper $2.00 Wasn't Previously Included Here Partial Cost Recovery Please refer to Library's Fines and Fees Schedule
LIBRARY Penalty Pamphlet $2.00 Wasn't Previously Included Here Partial Cost Recovery Please refer to Library's Fines and Fees Schedule
LIBRARY Penalty Reference Item $80.00 Wasn't Previously Included Here Partial Cost Recovery Please refer to Library's Fines and Fees Schedule
LIBRARY Penalty Short Loan Item $20.00 Wasn't Previously Included Here Partial Cost Recovery Please refer to Library's Fines and Fees Schedule
LIBRARY Penalty Unreturned Item-DRA $50.00 Wasn't Previously Included Here Partial Cost Recovery Please refer to Library's Fines and Fees Schedule
LIBRARY Penalty Other $0.00 Wasn't Previously Included Here Partial Cost Recovery Please refer to Library's Fines and Fees Schedule
LIBRARY Penalty Video $15.00 Wasn't Previously Included Here Partial Cost Recovery Please refer to Library's Fines and Fees Schedule
LIBRARY Penalty Video-Local Hold $15.00 Wasn't Previously Included Here Partial Cost Recovery Please refer to Library's Fines and Fees Schedule
LIBRARY LOST LIBRARY CARD REPLACEMENT:
LIBRARY Penalty Patrons - 18 years old and above $1.00 Wasn't Previously Included Here Partial Cost Recovery Please refer to Library's Fines and Fees Schedule
LIBRARY Penalty Patrons under age 18 $0.50 Wasn't Previously Included Here Partial Cost Recovery Please refer to Library's Fines and Fees Schedule
LIBRARY MISCELLANEOUS: *Items that are significantly more valuable than the standard price will be priced accordingly by authorized staff.
LIBRARY Charge Book Store Item: Hardcover Books $1.00 Wasn't Previously Included Here Market Please refer to Library's Fines and Fees Schedule
LIBRARY Charge Book Store Item: Paperbacks $0.50 Wasn't Previously Included Here Market Please refer to Library's Fines and Fees Schedule
LIBRARY Charge CDs and DVDs $1.00 Wasn't Previously Included Here Market Please refer to Library's Fines and Fees Schedule
LIBRARY Charge Children's Books $0.50 and $0.25 Wasn't Previously Included Here Market Please refer to Library's Fines and Fees Schedule
LIBRARY Charge Magazines $0.10 Wasn't Previously Included Here Market Please refer to Library's Fines and Fees Schedule
LIBRARY Ear Buds $0.00 Wasn't Previously Included Here No Fee Please refer to Library's Fines and Fees Schedule
LIBRARY Charge Flash Drive (Small)$1.00 (or market cost) Wasn't Previously Included Here Market Please refer to Library's Fines and Fees Schedule
LIBRARY Charge Flash Drive (Large)$2.50 (or market cost) Wasn't Previously Included Here Market Please refer to Library's Fines and Fees Schedule
LIBRARY Charge Blank DVD $1.00 (or market cost) Wasn't Previously Included Here Market Please refer to Library's Fines and Fees Schedule
4 of 4
TO :T O :Honorable Mayor and Members of the Common Council
FRO M :FRO M :Julie Calmes, Finance Director
D A TE :D A T E :April 08, 2025
SUB JEC T:SUB JEC T :Res 25-146 Appropriate ARPA Interest Funds for Office Furniture for Police Satellite Location
B A C KGRO UN DBACKGROUND
The City has kept the American Rescue Plan Act (ARPA) money in a separate fund for transparency
purposes. Over the last few years, as the ARPA funds were being appropriated and spent, they were
earning interest. As of December 31, 2024, the ARPA funds had earned about $1 million in interest. The
interest earnings do not have any federal requirements on how they are spent. In 2024, the City
appropriated more than what funds were still available for ARPA in case any previously approved project
was not able to be encumbered by December 31, 2024, with the assumption that the ARPA interest
would cover everything. Finance will bring forward additional budget adjustments and analysis on ARPA
to a future Council meeting.
At this time, the Police are working on establishing the satellite office that was approved during the 2025
budget process and are in need of funds to provide furniture for the location. Police have received the
attached quote for $6,807 for furniture for the satellite office. This is a one-time expense to get this new
location set up, and the Police are requesting the use of ARPA interest funds.
FI SC A L I M P A CTFISCAL I M P A C T
The attached resolution would appropriate $6,850 of ARPA interest funds to A/N 02240211-6550-15483
ARPA Police -- Office Furniture. There is sufficient interest income in the ARPA fund to cover this purchase.
Please contact me if you have any additional questions.
REC O M M E N D A TI ONRECOMMENDATION
Staff recommends that Council approve the attached Resolution.
A t t a chment sAttachments
RES 25-146
OFR Quote
04/08/2025 25-146 RESOLUTION
CARRIED 6-0
PURPOSE: APPROPRIATE ARPA INTEREST FUNDS FOR OFFICE FURNITURE OF POLICE SATELLITE LOCATION
INITIATED BY : FINANCE DEPARTMENT
WHEREAS, the Common Council has adopted the 2025 Operating Budget, which is on file in the Office of
the City Clerk and available for public inspection; and
WHEREAS, the 2025 Operating Budget included funds for the Police Department to establish a satellite
office; and
WHEREAS, staff is requesting ARPA interest funding to fund the purchase of office equipment for the Police
satellite office.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that the 2025 ARPA Fund,
on file in the City Clerk’s Office, is herby amended to appropriate $6,850 to A/N 02240211-6550-15483 ARPA
Police – Office Furniture.
TO :T O :Honorable Mayor and Members of the Common Council
FRO M :FRO M :Ray Maurer, Parks Director
D A TE :D A T E :April 08, 2025
SUB JEC T:SUB JEC T :Res 25-147 Approve Operating Budget Amendment for 2025 Parks Revenue Facilities Fund for
the Menominee Park Amusement Rides Operation
B A C KGRO UN DBACKGROUND
The adopted 2025 Parks Revenue Facilities Fund budget did not include an operating budget for the
amusement ride area at Menominee Park. The amusement area has been challenged with staffing issues
and operational expense increases the past few years. The Parks Revenue Facilities Fund has a goal of
revenues exceeding expenditures to maintain operations and a positive fund balance. Earlier this year,
the public expressed an interest in continuing the amusement area to the Common Council. At the
January 28, 2025 Common Council meeting, the Council approved a budget amendment for $50,000 for
the amusement train operation repairs from other funds (ARPA interest earnings).
A N A L Y SI SANALYSIS
When the budget amendment was done in January, staff informed the Council that a more
comprehensive budget amendment for the Parks Revenue Facilities Fund would be coming in the future
to reflect the changes required for the entire amusement area operations.
The proposed budget amendments to the Parks Revenue Facilities are set forth in the Resolution and
include $3,500 in anticipated gifts and donations from funds raised privately by individuals earlier this year
and a potential $1,000 sponsorship for the amusement area. With this amendment, the total revenue is
budgeted at $77, 700 and expenses at $77,700.
FI SC A L I M P A CTFISCAL I M P A C T
There is no direct fiscal impact to the City from the current action which is simply accounting for the
previous budget amendment, the receipt of funds in donations and sponsorship and allocating those
funds to the proper accounts.
REC O M M E N D A TI ONRECOMMENDATION
Staff recommends that Council approve this resolution.
A t t a chment sAttachments
RES 25-147
2025 Amusements Budget Adjustment
4/8/2025 25-147 RESOLUTION
CARRIED 6-0
PURPOSE: APPROVE OPERATING BUDGET AMENDMENT FOR 2025 PARKS REVENUE FACILITIES FUND FOR THE
MENOMINEE PARK AMUSEMENT RIDES OPERATION
INITIATED BY : PARKS DEPARTMENT
WHEREAS, the Common Council has adopted the 2025 Operating Budget, which is on file in the Office of
the City Clerk and available for public inspection; and
WHEREAS, the Common Council previously approved a budget amendment for the amusement train
operations repairs in the amount of $50,000 from ARPA interest earnings to allow the amusement train to be
repaired and operational for the 2025 season; and
WHEREAS, private individuals have stepped forward with donations and sponsorships that are anticipated
to be received in a total amount of not less than $4500 and which will be applied to the operation of the
train ride; and
WHEREAS, it is necessary to amend the 2025 Parks Revenue Facilities Fund to account for the Menominee
Park amusement rides operation in 2025.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that the 2025 Parks
Revenue Facilities Fund, on file in the City Clerk's Office, is hereby amended as follows:
ORG OBJECT PROJECT ACCOUNT NAME
AMOUNT
Expense Revenue
02550610 4571 11423 PARK FACILITY FEES
22,600.00
02550610 4577 11423 CONCESSIONS
600.00
02550610 4950 11423 SPONSORSHIP
1,000.00
02550610 4952 11423 GIFTS & DONATIONS
3,500.00
02550610 6103 11423 REGULAR PAY - TEMPORARY
10,300.00
02550610 6302 11423 FICA - EMPLOYERS SHARE
700.00
02550610 6304 11423 WISCONSIN RETIREMENT FUND
-
02550610 6310 11423 LIFE INSURANCE
-
02550610 6411 11423 ADVERTISING/POSTAGE/PRINTING
02550610 6415 11423
SUBSCRIPTION/LICENSING
CNTRCTS
600.00
02550610 6416 11423 PREVENTATIVE MNTC CONTRACTS
600.00
02550610 6417 11423
3RD PARTY CONTRACTED
SERVICE
11,000.00
02550610 6422 11423
PRFSL
LICENSE/MEMBERSHIP/BOND
100.00
02550610 6452 11423 LICENSE & PERMITS
200.00
02550610 6520 11423 OFFICE SUPPLIES
200.00
02550610 6529 11423 NON-INVENTORY SUPPLIES
54,000.00
02550610 6550 11423 MINOR EQUIPMENT
-
77,700.00
27,700.00
50,000.00
PREVIOUSLY APPROVED BUDGET ADJUSTMENT (RES 25-45)
02550610 5299 11423 TSF FROM OTHER FUNDS
50,000.00
02240610 7470 TSF TO OTHER
50,000.00
50,000.00
50,000.00
Expense Revenue
02550610 4571 11423 PARK FACILITY FEES 22,600.00
02550610 4577 11423 CONCESSIONS 600.00
02550610 4950 11423 SPONSORSHIP 1,000.00
02550610 4952 11423 GIFTS & DONATIONS 3,500.00
02550610 6103 11423 REGULAR PAY - TEMPORARY 10,300.00
02550610 6302 11423 FICA - EMPLOYERS SHARE 700.00
02550610 6304 11423 WISCONSIN RETIREMENT FUND -
02550610 6310 11423 LIFE INSURANCE -
02550610 6411 11423 ADVERTISING/POSTAGE/PRINTING
02550610 6415 11423 SUBSCRIPTION/LICENSING CNTRCTS 600.00
02550610 6416 11423 PREVENTATIVE MNTC CONTRACTS 600.00
02550610 6417 11423 3RD PARTY CONTRACTED SERVICE 11,000.00
02550610 6422 11423 PRFSL LICENSE/MEMBERSHIP/BOND 100.00
02550610 6452 11423 LICENSE & PERMITS 200.00
02550610 6520 11423 OFFICE SUPPLIES 200.00
02550610 6529 11423 NON-INVENTORY SUPPLIES 54,000.00
02550610 6550 11423 MINOR EQUIPMENT -
77,700.00 27,700.00
50,000.00
02550610 5299 11423 TSF FROM OTHER FUNDS 50,000.00
02240610 7470 TSF TO OTHER 50,000.00
50,000.00 50,000.00
PREVIOUSLY APPROVED BUDGET ADJUSTMENT (RES 25-45)
2025 AMUSEMENTS BUDGET ADJUSTMENT
ORG OBJECT PROJECT ACCOUNT NAME
AMOUNT
D A TE :D A T E :April 08, 2025
SUB JEC T:SUB JEC T :Res 25-148Approve Policy on Removal of Abandoned or Unauthorized Personal Property
A t t a chment sAttachments
RES 25-148
Policy on Removal of Abandoned or Unauthorized Property
4/8/2025 25-148 RESOLUTION
CARRIED 6-0
PURPOSE: APPROVE POLICY ON REMOVAL OF ABANDONED OR UNAUTHORIZED PERSONAL PROPERTY
INITIATED BY : CITY ADMINISTRATION
WHEREAS, personal property or unauthorized items are lost or abandonded on City-owned or operated
properties; and
WHEREAS, departments within the City previously had differing or informal policies with respect to
abandoned or unauthorized personal property; and
WHEREAS, the City desires to have a consistent policy to guide the actions and responsibilities of City
employees with respect to abandoned or unauthorized personal property; and
WHEREAS, the Oshkosh Public Library and the Redevelopment Authority are governed by their respective
boards and any policy adopted by the Common Council shall not apply to them unless it is adopted by
their respective boards.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that the attached Policy on
Removal of Abandoned or Unauthorized Personal Property is hereby adopted by Council and applies to all
City employees and departments, with the exception of the Oshkosh Public Library and the Redevelopment
Authority.
BE IT FURTHER RESOLVED the aforementioned policy shall not apply to the Oshkosh Public Library or
Redevelopment Authority unless adopted by their respective boards.
POLICY ON REMOVAL OF ABANDONED
OR UNAUTHORIZED PERSONAL PROPERTY
Statement of Purpose / Applicability
To establish guidelines for the removal and storage or disposal of tangible abandoned or
unauthorized personal property located on city owned or operated properties.1
This policy shall not apply to financial assets or financial accounts subject to Chapter 177
of the Wisconsin Statutes entitled the “Uniform Unclaimed Property Act.”
This policy shall not apply to abandoned, wrecked, dismantled or discarded vehicles as
defined under Chapter 27 Article III of the City of Oshkosh Municipal Code.
This policy shall not apply to retention of property by citizens under the provisions of
Chapter 170 of the Wisconsin Statutes.
Statutory and Ordinance References
Section 12-17 of the City of Oshkosh Municipal Code – Abandoned or Surplus Property
Section 25-26 of the City of Oshkosh Municipal Code – Obstructions in Street Prohibited
Chapter 27 Article III of the City of Oshkosh Municipal Code – Abandoned, Wrecked,
Dismantled or Discarded Vehicles
Chapter 170 of the Wisconsin Statutes –Strays and Lost Chattels
Chapter 177 of the Wisconsin Statutes Uniform Unclaimed Property Act – applies to
financial assets and financial accounts
Attempt to Return Property
Any City Employee finding or coming into possession of property, shall attempt to
ascertain if the owner can be easily determined and located and if the property may be
returned in an expeditious manner. If an employee is able to quickly locate the owner
and return the property the employee may do so.
1 This policy shall not apply to the Oshkosh Public Library or Redevelopment Authority
unless adopted by their respective boards.
Items That Will Not Be Retained or Stored
Items to Be Disposed of Immediately
Refuse: Items with no apparent monetary or sentimental value or utility. Employees shall
inspect each item and make individual determinations based on the totality of the
circumstances including apparent efforts to protect items from weather and disturbance,
labelling of items, apparent value of the items and other factors. The following listings
of refuse and non-refuse items may be used as a general reference in making the
determination whether an item is refuse or non-refuse.
Refuse items under this policy will generally include items such as:
• non-personal papers
• paper refuse
• food remains
• empty glasses, bottles or cans
• opened and/or partially used toiletries
• broken, dismantled, torn, dirty or otherwise damaged items
• any medications and paraphernalia associated with medications2
Not refuse (unless broken, dismantled, torn, dirty or otherwise damaged as noted
above):
• wallets or purses
• identification
• jewelry
• electronic equipment including phones, radios, chargers and similar items
• personal papers including photographs, books, diaries or similar items
• tents / tarps in good repair
• luggage, Backpacks or storage containers
• bed rolls, sleeping mats, sleeping bags, pillows, mattresses, air mattresses
• sporting equipment
• camping equipment, equipment for food preparation or temporary heating
• clothing, hats, gloves or mittens, shoes, towels
• unopened toiletries
2 Employees should use their judgement and consider the totality of the circumstances,
but any loose medications or medications that are mixed with other items, even if
bottled, should be safely destroyed rather than returned as the City will be unable to
confirm that the items have not been altered or tampered with if they were found lost or
abandoned.
• eyeglasses
• keys
• books, educational workbooks and supplies
• bagged recyclables
• items stored in a manner that suggest the owner intended to keep it
Health or Safety Hazards: Any chemical, physical or biological hazard that reasonably
appears to pose a risk to health, safety or property when contacted, stored or transported
and includes, but is not limited to: items commingled with human or animal waste or
other contaminant; needles; spoiled or rotten food; or items that are flammable, explosive
or incendiary.
Signs Within the City Right-of-Way or Posted on City: Unauthorized signs within the
City’s right-of-way, which are in violation of Chapter 25 of the Municipal Code, or on
other City property may be removed and destroyed by City employees without the
requirement for storage under this policy.
Items to Be Turned Over to Law Enforcement
The Oshkosh Police Department (OPD) should be consulted regarding items containing
personal identification or items of obvious value and such items may be picked up by or
transported to and turned over to OPD as an officer may direct.
Wallets, Purses: Wallets, purses and similar items may be held for up to two business
days at the City facility/department at which it is found, but if not claimed in that time
period, employees shall provide such items to OPD. If a wallet, purse or similar item
contains a significant amount of cash or other valuables, OPD should be consulted and
may take immediate possession of such items.
Weapons: Weapons such as guns, knives, swords, pepper spray, clubs, or other weapons
or instruments that are capable of causing great bodily harm or death shall be turned over
to OPD for storage or destruction as state and federal law may dictate.
Jewelry: OPD may be consulted for items of jewelry. Obvious costume or inexpensive
jewelry may be treated as lost and found and kept at the appropriate City facility.
Medication, Pills, Drugs and Drug Paraphernalia: Over-the-counter medication or non-
prescription medication and paraphernalia shall be disposed of as refuse as provided
above.
OPD shall be consulted regarding illegal drugs or drug-related substances and
paraphernalia. Any such substances or items will provided to OPD on their request or
be disposed of as medical waste upon their direction.
The City will not store prescription medication. All prescription medications shall be
disposed of in the dropbox located in the Public Safety Building by the recovering
department.
Individual Items / Lost and Found
Smaller individual items of personal property that are found should be taken to the
designated “lost and found” area for the City facility at which they are found. Any
employee finding or given a lost item should deliver it to the appropriate lost and found
area as soon as practical in keeping with their normal duties.
For items found within City parks, items may be taken to the Parks Department offices
located at Witzel Avenue if there is no lost and found area designated at the individual
park site. For items found within or on a City right-of-way or other vacant non-park
property, items should be taken to the Department of Public Works Streets Division
offices located at Witzel Avenue.
Reasonable care should be taken to store items deemed lost and found to prevent damage
to or theft of the property.
Items may be returned to persons claiming lost and found items with proof of ownership
or upon other reasonable method of identifying the property.
Lost and found items shall be stored for a minimum period of 14 calendar days.
Items that are not claimed may be disposed of or turned over to the Purchasing Division
for disposition or disposal as surplus property.
Homeless Encampments (Individual or Group) or Collections of Items that may be
Possessions of an Unhoused Individual
The City understands that there may be persons who may be unhoused for various
reasons. The City is committed to helping unhoused persons find appropriate housing
or services that may be available within the community. This policy is intended to
provide guidelines for the removal and clearing of tents, encampments or other dwellings
and for the treatment and storage of personal property attached to, stored, abandoned or
found upon on City-owned property in connection with a homeless dwelling, campsite
or encampment.
Individual or small collections of items such as bags containing items, sleeping bags,
backpacks, shopping carts or pull behind carts that do not reasonably appear to be
indicative of being a dwelling, campsite or unhoused person’s collection of their personal
property will be treated as “Individual Items and Lost and Found” under the previous
section of this policy.
The City will prioritize clearing areas under this section of the policy based upon any
specific policies limiting access to or the use of the property that is expressed through
signage at the property, and also the adverse impacts upon the particular property from
the leaving or storage of items of personal property. Adverse impacts are determined by
a combination of factors, including but not limited to the following:
i. Interference in places for which persons may obtain a permit for exclusive use
of the City facility, such as parks, park shelter, special event site boundaries, or
sport facilities.
ii. Interference with the use of right-of-way, Park Trail, sidewalk, pedestrian ways
or paths. Items within 10 feet of any right-so-way, Park Trail, sidewalk,
pedestrian way or path shall be presumed to interfere with the right-of-way.
iii. Evidence of illegal activity occurring in or near an area.
iv. Activity which is a threat to infrastructure, such as damage to or fires within
or near public facilities.
v. Activity which interferes with maintenance efforts or other work being
performed at or near a location.
vi. Threats or acts of violence or disorderly conduct at or near a location.
vii. Health or safety hazards at or near a location.
Notice
Written notice of the intention to remove items associated with unhoused persons under
this section shall be placed on each identifiable structure, tent, bedroll or grouping of
possessions at least 24 hours in advance of removal of any items. Notice shall also be
faxed, emailed or delivered to the Day by Day Shelter, Father Carr’s Place 2B, Winnebago
County Social Services, and any/other facility or entity requesting notification of removal
of items at least 24 hours in advance of the removal of any items.
The notice period may be shortened in the event of emergencies that may require the
immediate evacuation of an area, such as a catastrophic event, natural disaster or other
urgent health or safety concern.
The notice shall contain the following information:.
I. The date of the notice
II. The address or other description sufficient to clearly identify the location to be
cleared
III. The proposed date and time of clean up of the location
IV. The name and contact information for the Department/Division of the City
conducting the cleanup
V. A notice that some items may be disposed of immediately as hazardous material,
abandoned medication or refuse.
VI. The location where items not immediately disposed of will be stored and where
they may be reclaimed, as well as the hours that items may be reclaimed and a
telephone number to call for more information or to arrange for pick up of items
VII. A notice that items will be stored for a period of no less than thirty (30) days from
the date of cleanup and that if the items are unclaimed within that time, that the
items may be disposed of without further notice
Cleanup shall be completed or supervised by a City employee.
Cleanup will occur only on the date(s) specified in the notice or on the next business day.
If clean up cannot be completed on the date noticed or the next business day, a new notice
shall be issued prior to any clean-up activities occurring.
Individuals who provide the City representative with sufficient information that they are
the owner of the property and who may be present at the time of cleanup will be given a
reasonable opportunity to remove property prior to City employees or agents removing
the items.
Items that are health or safety hazards or cannot or should not be stored may be taken by
the City and disposed of immediately. Items that are retained or stored under the terms
of this policy should be placed in transparent plastic bags or other containers and marked
as to the date and location of collection.
Items may be placed together in a single bag if collected on the same date and at the same
location and there is an indication that they may all belong to a single owner.
After items are collected, a notice shall be left at the collection site informing persons of
the collection date and time, giving contact information and location of storage for
reclaiming items.
General Provisions
Nothing in this Policy shall prohibit the City from immediately removing items that are
obstructing passageways or right-of-way, or any place that is subject to use by the public
and the items obstruct the public’s lawful use and then giving notice, if required under
this section.
Each department or facility shall establish specific policies for collection, storage, logging
of items, disposal, return of items and such other matters as may be relevant and
pertinent to the department or facility. An example of a log that departments and/or
facilities may use to inventory abandoned property is included as part of this policy.
TO :T O :Honorable Mayor and Members of the Common Council
FRO M :FRO M :Jon Urben, General Services Manager
D A TE :D A T E :April 08, 2025
SUB JEC T:SUB JEC T :Res 25-149 Award Bid to Envirotech Equipment for Valve Exercising Trailer for the Water
Distribution Division ($115,787.00)
B A C KGRO UN DBACKGROUND
In the 2025 CIP the Common Council allocated $120,000 for the purchase of a new valve exercise trailer
for the Water Distribution division. The Public Service Commission requires the city to exercise all water
valves (approximately 8,800 within the city) every five years. With the addition of this trailer, division crews
will be able to exercise all the water valves within the five-year timeframe. The exercising process clears
valves free of debris and keeps them in good working condition. This process also assists with thawing
frozen fire hydrants and hydro excavating small areas where a tractor backhoe cannot access.
A N A L Y SI SANALYSIS
Working with Field Operations and Water Distribution staff, Purchasing prepared bid specifications for this
unit. The bid was posted on DemandStar. Bids were due March 27, 2025. The bid tab is attached. It
was the consensus of staff that the sole bid received met the minimum bid requirements.
FI SC A L I M P A CTFISCAL I M P A C T
The 2025 CIP allocated $120,000.00 for this unit. The total fiscal impact for this unit is $115,787.00. This
purchase will be charged to A/N# 03221810 7204 65909 (Machinery & Equipment).
REC O M M E N D A TI ONRECOMMENDATION
Purchasing recommends the Common Council award this bid to Envirotech Equipment for $115,787.00.
A t t a chment sAttachments
RES 25-149
Bid Tab Valve Exercising Trailer
04/08/2025 25-149 RESOLUTION
CARRIED 6-0
PURPOSE: AWARD BID TO ENVIROTECH EQUIPMENT FOR VALVE EXERCISING TRAILER FOR THE WATER
DISTRIBUTION DIVISION ($115,787.00)
INITIATED BY : PURCHASING DEPARTMENT
WHEREAS, the City of Oshkosh has heretofore advertised for bids for valve exercising trailer for the Water
Distribution Division and
WHEREAS, upon the opening and tabulation of bids, the following is the only bid:
Envirotech Equipment
19750 W. Edgewood Dr.
Lannon, WI 53046
Total Bid: $115,787.00
WHEREAS, this bid meets the minimum specifications and staff has reviewed the bid and recommends its
acceptance.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that the said bid is hereby
accepted and the proper City officials are hereby authorized and directed to enter into an appropriate
agreement for the purpose of same, all according to plans, specifications, and bid on file. Money for this
purpose is hereby appropriated from:
Acct. No. 03221810 7204 65909 Machinery & Equipment
BID TAB
VALVE MAINTENANCE TRAILER
FOR THE CITY OF OSHKOSH – WATER DISTRIBUTION DIVISION
BIDS DUE MARCH 27, 2025
BIDDER
BID
DELIVERY ARO
TERMS
Envirotech Equipment
19750 W Edgewood Dr
Lannon WI 53046
Wachs Standard LX VMT
w/350 Spoils Tank
$115,787.00
90 Days ARO
Net 30 Days
TO :T O :Honorable Mayor and Members of the Common Council
FRO M :FRO M :Jon Urben, General Services Manager
D A TE :D A T E :April 08, 2025
SUB JEC T:SUB JEC T :Res 25-150 Award Bid to Fire-Dex GW, LLC for Personal Protection Equipment (PPE) Clean and
Repair Services for the Fire Department ($86,545.20)
B A C KGRO UN DBACKGROUND
Fire Department PPE gear requires periodic cleaning and repair to reduce the exposure of personnel to
carcinogenic and other harmful compounds and to extend the life of the clothing. The Fire Department
uses a vendor to clean, inspect, and provide basic repairs for approximately 160 sets of turnout gear
(pants/coats) to meet National Fire Protection Association 1851 (NFPA) standards for this service. The
contract with the current vendor for this service has expired, and the city solicited bids for vendors to
provide a three-year initial term with the option for two, one-year renewals.
A N A L Y SI SANALYSIS
Working with Fire Department personnel, Purchasing prepared bid specifications for this service. The bid
was advertised in the local newspaper and posted on Onvia Demandstar. Bids were due March 20,
2025. The bid tab is attached. While two bids were received, only one bid met the minimum bid
requirements. The sole bid received was from the current vendor, Fire-Dex, GW, LLC. The Fire
Department is very pleased with the performance of Fire-Dex.
FI SC A L I M P A CTFISCAL I M P A C T
Using the estimate of 160 turnout gear per year, the fiscal impact of these services for the first three years
is $86,545.20, or $28,848.40 annually. This is an approximate 3% increase from the prior year. The cost of
these services is allocated annually in the Fire Department operating budget. These services will be
charged to A/N# 01000230 6501 (Fire Equipment/PPE). Funding for years 2-5 is contingent upon annual
budget allocation/approval.
REC O M M E N D A TI ONRECOMMENDATION
Purchasing recommends the Common Council award this three-year service agreement to Fire-Dex GW,
LLC for $86,545.20.
A t t a chment sAttachments
RES 25-150
Bid Tab PPE Clean and Repair Services
04/08/2025 25-150 RESOLUTION
CARRIED 6-0
PURPOSE: AWARD BID TO FIRE-DEX GW, LLC FOR PERSONAL PROTECTION EQUIPMENT (PPE) CLEAN AND
REPAIR SERVICES FOR THE FIRE DEPARTMENT ($86,545.20)
INITIATED BY : PURCHASING DEPARTMENT
WHEREAS, the City of Oshkosh has heretofore advertised for bids for personal protection equipment (PPE)
Clean and repair services for the Fire Department; and
WHEREAS, upon the opening and tabulation of bids, the following is the only bid:
Fire-Dex, GW, LLC
Dba Gear Wash
780 S Progress Dr.
Medina, OH 44556
Total Bid: $86,545.20 (for 3-year initial term)
WHEREAS, this bid meets the minimum specifications and staff has reviewed the bid and recommends its
acceptance.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that the said bid is hereby
accepted and the proper City officials are hereby authorized and directed to enter into an appropriate
agreement for the purpose of same, all according to plans, specifications, and bid on file. Money for this
purpose is hereby appropriated from:
Acct. No. 01000230 6501 Fire Equipment/PPE
BID TAB
PPE CLEAN AND REPAIR SERVICES
FOR THE CITY OF OSHKOSH – FIRE DEPARTMENT
BIDS DUE MARCH 20, 2025
BIDDER
BID
3-YEARS
BID BOND
Fire-Dex GW, LLC
dba Gear Wash
780 S Progress Dr
Medina OH 44256
$86,545.20
YES
TO:Honorable Mayor and Members of the Common Council
FROM:Steven M. Gohde, Assistant Director of Public Works/Utilities General Manager
DATE:April 08, 2025
SUBJECT:Res 25-151 Approve Professional Services Agreement with Jacobs Engineering Group, Inc. for
Water Filtration Plant Ozone and SCADA Systems Replacement Project Engineering Services
During Construction ($1,340,400)
BACKGROUND
Ozone is used for primary disinfection at the Water Filtration Plant (WFP). The WFP ozone equipment has
been in continuous service since 1999 and obsolescence issues are now prevalent, with some system
components no long being manufactured and some technical support services no longer being
available. Like the ozone equipment, some components of the WFP Supervisory Control and Data
Acquisition (SCADA) system have been in service since 1999. Portions of the SCADA system hardware
and software will need to be replaced because they will not be compatible with the new ozone
equipment and will not support software updates. Because the ozone system is so complex and highly-
automated, the SCADA system upgrades will be implemented with the new ozone system, so the new
ozone system can be supported.
Jacobs Engineering Group, Inc. (Jacobs) completed the plans and specifications for both the Ozone
Equipment Purchase contract and the Ozone Equipment and SCADA Installation contract. On
November 14, 2023, the City awarded purchasing new ozone equipment to Xylem Water Solutions USA,
Inc. (Xylem). On January 14, 2025, the City awarded installation of the ozone equipment and SCADA
system to August Winter & Sons, Inc.
The City has requested a proposal from Jacobs to perform engineering services to coordinate installation
and system commissioning with the City's replacement ozone system package supplier, Xylem. These
services include construction documentation management and meetings, review of shop drawings and
submittals, provide written technical interpretations and clarifications of the Contract Documents in
response to the Contractor's Requests for Information, develop operating procedures and provide
training, prepare as-built record drawings, serve as the City's Responsible Project Representative on a
day-to-day basis, provide SCADA system upgrade engineering services, and provide project
management and quality assurance/quality control services.
ANALYSIS
Staff has reviewed the proposal, and find that the costs are commensurate with the amount of work to
be performed.
FISCAL IMPACT
The cost of these services is estimated not to exceed $1,340,400. Funding is available for this agreement
in CIP Account #03221810-7204-65006/Water Capital Fund-Machinery & Equipment-WFP -- Ozone Residual
Mntr Replcmnt, 03221810-7202-65315/Water Capital Fund/Office Equipment-WFP -- SCADA Computers,
and 03221810-7204-65315/Water Capital Fund/Machinery & Equipment-WFP -- SCADA Computers.
RECOMMENDATION
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 the proposal and, in accordance with Section 12-16 of the Code, I am hereby
recommending the Common Council approve this professional services agreement.
Attachments
RES 25-151
24=17 Jacobs CRS proposal
04/08/2025 25-151 RESOLUTION
CARRIED 6-0
PURPOSE: APPROVE PROFESSIONAL SERVICES AGREEMENT WITH JACOBS ENGINEERING GROUP, INC. FOR
WATER FILTRATION PLANT OZONE AND SCADA SYSTEMS REPLACEMENT PROJECT ENGINEERING SERVICES
DURING CONSTRUCTION ($1,340,400)
INITIATED BY : DEPARTMENT OF PUBLIC WORKS
WHEREAS, the City has requested a proposal from Jacobs Engineering Group, Inc. (Jacobs) to perform
engineering services to coordinate installation and system commissioning with the City’s replacement ozone
system package supplier, Xylem; and
WHEREAS, Jacobs has worked with the City of Oshkosh for several years in providing engineering services
for various projects including preparation of the plans and specifications for both the Ozone Equipment
Purchase contract and the Ozone Equipment and SCADA Installation contract; and
WHEREAS, Section 12-16 of our Municipal Code allows for the waiving of formal competitive bidding for
specialized professional services such as engineering services.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that the proper City
officials are hereby authorized to enter into and take those steps necessary to implement an appropriate
professional services agreement with Jacobs Engineering Group, Inc. for Water Filtration Plant Ozone and
SCADA Systems Replacement Project Engineering Services During Construction in the amount not to exceed
one million three hundred forty thousand four hundred dollars. ($1,340,400.00).
Acct. Nos.
03221810-7204-65006 Water Capital Fund-Machinery & Equipment-WFP – Ozone Residual Mntr Replcmnt
03221810-7202-65315 Water Capital Fund/Office Equipment-WFP – SCADA Computers
03221810-7204-65315 Water Capital Fund/Machinery & Equipment-WFP – SCADA Computers
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 :April 08, 2025
SUB JEC T:SUB JEC T :Res 25-152 Adopt Updated City of Oshkosh Parking Ticket Appeals Process
B A C KGRO UN DBACKGROUND
Separately on this council agenda the Council is considering updates to the city's parking ordinances
including updates related to the removal of outdated references to pay and display stations in favor of
an application-based parking management system and updates relative to the areas of enforcement
authority between the city and the University of Wisconsin -- Oshkosh for on street parking in the University
area.
A N A L Y SI SANALYSIS
In the course of reviewing the parking ordinances, staff also identified references to parking tickets and
pay and display stations within the city's parking ticket appeals process which should be updated to
coordinate with the updated parking ordinances. The proposed resolution will adopt updates to the
City's current parking ticket appeals process to delete references to pay and display stations which are
no longer in use and update the designation of the parking utility to the collections division in Finance for
submittal and processing of appeals.
FI SC A L I M P A CTFISCAL I M P A C T
There is no fiscal impact to the proposed amendment.
REC O M M E N D A TI ONRECOMMENDATION
It is recommended that the Council approve the updated City of Oshkosh Parking Ticket Appeals
Process.
A t t a chment sAttachments
RES 25-152
Parking Policy - clean
parking policy - redline
04/08/2025 25-152 RESOLUTION
CARRIED 6-0
PURPOSE: ADOPT UPDATED CITY OF OSHKOSH PARKING TICKET APPEALS PROCESS
INITIATED BY : CITY ADMINISTRATION
WHEREAS, the Council is considering updates to the city’s parking ordinances including updates related to
the removal of outdated references to pay and display stations in favor of an application-based parking
management system and updates relative to the areas of enforcement authority between the city and the
University of Wisconsin – Oshkosh for on street parking in the University area; and
WHEREAS, in the course of reviewing the parking ordinances, staff also identified references to parking
tickets and pay and display stations within the city’s parking ticket appeals process.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that the attached "City of
Oshkosh Parking Ticket Appeals Process" is hereby approved and the proper City officials are hereby
authorized and directed to take those steps necessary to carry out the City's responsibilities under the Policy.
BE IT FURTHER RESOLVED that this Policy repeals and replaces all prior Policies and versions of any policy or
procedure covering the same subject matter and shall be effective upon adoption.
CITY OF OSHKOSH
PARKING TICKET APPEALS PROCESS
The City of Oshkosh hereby establishes this policy for the review and appeal of parking
tickets issued under the provisions of Chapter 27 of the City of Oshkosh Municipal Code.
Applicability
This policy shall apply to parking tickets issued by the City of Oshkosh, including
without limitation the Oshkosh Police Department and Oshkosh Parks Department.
Parking Tickets issued by the University of Wisconsin shall be governed by University
policies.
Timing of Appeals
Appeals must be received within 30 days of the date of issuance of the ticket. Appeals
received after 30 days will be denied as untimely.
Process for Appeals
Persons wishing to appeal the issuance of a parking ticket under this policy must
complete an appeal form. Appeal forms are available online at:
oshkoshpd.com>parking>parking ticket appeals
ci.oshkosh.wi.us>residents>overnight parking>parking ticket appeals
Appeal forms are also available from the following:
Kiosk located on the first floor of City Hall, 215 Church Avenue (during
business hours, 8:00 a.m. to 4:30 p.m.)
For those with no email/access to a computer, paper forms will be made
available at the Oshkosh Police Department, 420 Jackson Street or at the
Collections Division located on the first floor of City Hall, 215 Church
Avenue.
Appeals not submitted through electronic means (paper appeals) may be turned in to the
Collections Division on first floor of City Hall, mailed to the Collections Division (appeals
must be received by no later than 30 days from the date of issuance of the parking ticket)
or deposited in the drop box located by the main entrance to City Hall, 215 Church
Avenue.
Appeals will be reviewed by a supervisor from the Department issuing the ticket. The
reviewing supervisor shall provide a written response to the Collections Division within
10 business days of the date the appeal is filed and the Collections Division shall provide
a copy of the written decision on appeal to the Appellant within 2 business days of receipt
of the written decision. The written decision shall specify whether the appeal is granted
or denied and shall include the specific reasons for the decision made. If the appeal is
granted, the Collections Division shall take appropriate steps to void the ticket and any
administrative fees that may have been assessed. If the appeal is denied, the decision
shall inform the appellant of their right to further review through the Circuit Court and
the amount and due date for payment of the ticket and any administrative fees.
Any Person whose appeal has been denied may request review through the Circuit Court.
Persons wishing to have their ticket reviewed by the Circuit Court will be directed to the
Oshkosh Police Department to be issued a municipal summons/citation for a court
hearing. Issuance of a summons/citation may result in imposition of a forfeiture and
court costs. The Collections shall be informed of the issuance of a municipal
summons/citation and shall administratively void the parking ticket upon order of the
Circuit Court resolving the matter.
Resolution 25- adopted on ______________, 2025.
CITY OF OSHKOSH
PARKING TICKET APPEALS PROCESS
The City of Oshkosh hereby establishes this policy for the review and appeal of parking
tickets issued under the provisions of Chapter 27 of the City of Oshkosh Municipal Code.
Applicability
This policy shall apply to parking tickets issued by the City of Oshkosh, including
without limitation the Oshkosh Police Department and Oshkosh Parks Department.
Parking Tickets issued by the University of Wisconsin in relation to pay and display
stations owned by the University shall be governed by University policies.
Timing of Appeals
Appeals must be received within 30 days of the date of issuance of the ticket. Appeals
received after 30 days will be denied as untimely.
Process for Appeals
Persons wishing to appeal the issuance of a parking ticket under this policy must
complete an appeal form. Appeal forms are available online at:
oshkoshpd.com>parking>parking ticket appeals
ci.oshkosh.wi.us>residents>overnight parking>parking ticket appeals
Appeal forms are also available from the following:
kiosk Kiosk located on the first floor of City Hall, 215 Church Avenue
(during business hours, 8:00 a.m. to 4:30 p.m.)
For those with no email/access to a computer, paper forms will be made
available at the Oshkosh Police Department, 420 Jackson Street or at the
Parking UtilityCollections Division located on the first floor of City Hall,
215 Church Avenue.
Appeals not submitted through electronic means (paper appeals) may be turned in to the
Parking UtilityCollections Division on first floor of City Hall, mailed to the Parking
UtilityCollections Division (appeals must be received by no later than 30 days from the
date of issuance of the parking ticket) or deposited in the drop box located by the main
entrance to City Hall, 215 Church Avenue.
Appeals will be reviewed by a supervisor from the Department issuing the ticket. The
reviewing supervisor shall provide a written response to the Parking UtilityCollections
Division within 10 business days of the date the appeal is filed with the Parking Utility
and the Parking UtilityCollections Division shall provide a copy of the written decision
on appeal to the Appellant within 2 business days of receipt of the written decision. The
written decision shall specify whether the appeal is granted or denied and shall include
the specific reasons for the decision made. If the appeal is granted, the Parking
UtilityCollections Division shall take appropriate steps to void the ticket and any
administrative fees that may have been assessed. If the appeal is denied, the decision
shall inform the appellant of their right to further review through the Circuit Court and
the amount and due date for payment of the ticket and any administrative fees.
Any Person whose appeal has been denied may request review through the Circuit Court.
Persons wishing to have their ticket reviewed by the Circuit Court will be directed to the
Oshkosh Police Department to be issued a municipal summons/citation for a court
hearing. Issuance of a summons/citation may result in imposition of a forfeiture and
court costs. The Parking UtilityCollections shall be informed of the issuance of a
municipal summons/citation and shall administratively void the parking ticket upon
order of the Circuit Court resolving the matter.
Resolution 20-45425- adopted on November 24______________, 20202025.
TO :T O :Honorable Mayor and Members of the Common Council
FRO M :FRO M :Kathy Snell, Special Events Coordinator
D A TE :D A T E :April 08, 2025
SUB JEC T:SUB JEC T :Res 25-153 Approve Waiver for the Oshkosh Arena to Allow a Horse Onsite for the Purpose of
Event Entertainment, May 3, 2025
A t t a chment sAttachments
RES 25-153
04/08/2025 25-153 RESOLUTION
CARRIED 6-0
PURPOSE: APPROVE WAIVER FOR THE OSHKOSH ARENA TO ALLOW A HORSE ONSITE FOR THE PURPOSE OF
EVENT ENTERTAINMENT, MAY 3, 2025
INITIATED BY : CITY ADMINISTRATION
WHEREAS, the City of Oshkosh Municial Code, Section 6-6 prohibits bringing or keeping horses in the City;
and
WHEREAS, the Oshkosh Arena has requested a waiver from this ordinance for the purpose of bringing a
horse onto their property (1212 S. Main St.) on Saturday, May 3, 2025, for the purpose of event entertainment.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that the Oshkosh Arena is
hereby granted a waiver from this prohibition of bringing horses into the City of Oshkosh for the purpose of
event entertainment, May 3, 2025, with the following conditions:
A. The Oshkosh Arena shall provide proof of insurance with such an amount acceptable by the City
Attorney;
B. Adhere to Section 6-7 of the City of Oshkosh Municipal Code;
C. Be responsible for the immediate clean-up and proper disposal of any waste or litter attributed to their
operation;
D. Horses shall only be allowed in the City during the event, reasonable set-up and clean-up, and during
transport and shall not remain in the City overnight.
TO :T O :Honorable Mayor and Members of the Common Council
FRO M :FRO M :Kathy Snell, Special Events Coordinator
D A TE :D A T E :April 08, 2025
SUB JEC T:SUB JEC T :Res 25-154 Approve Special Event - Bago Walleye Club (BWC) to Utilize Menominee Park
Millers Bay & Rainbow Memorial Park for the BWC Invitationals, May 4, June 1, June 22, & July
20, 2025
A t t a chment sAttachments
RES 25-154
Bago Walleye Club Invitationals Attachment
04/08/2025 25-154 RESOLUTION
CARRIED 6-0
PURPOSE: APPROVE SPECIAL EVENT - BAGO WALLEYE CLUB (BWC) TO UTILIZE MENOMINEE PARK MILLERS BAY
& RAINBOW MEMORIAL PARK FOR THE BWC INVITATIONALS, MAY 2, JUNE 1, JUNE 22, & JULY 20, 2025
INITIATED BY : CITY ADMINISTRATION
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that approval is granted to
Bago Walleye Club (Sean Freund) to utilize Menominee Park Millers Bay and gazebo area, on Sundays: May
2, June 1, June 22, and July 20, 2025 from 5:30 a.m. to 4:30 p.m. (actual event times: 7:00 a.m. to 3:00 p.m.
each day) for the BWC Invitationals, in accordance with the municipal code and the attached application,
with the following exceptions/conditions:
A.
B.
C.
BE IT FURTHER RESOLVED
that as a condition of approval, the Event Organizer shall pay the City’s actual costs for extraordinary
services. Approval of this request shall not be interpreted as approval to conduct the event during any
period of emergency order or declaration prohibiting such an event. Approval of this event shall not be
interpreted to supersede any emergency order or declaration applicable to such an event and all events
shall remain subject to all applicable ordinances, orders, declarations and requirements for public gatherings.
Cost Estimates for Extraordinary Services
None
TO :T O :Honorable Mayor and Members of the Common Council
FRO M :FRO M :Kathy Snell, Special Events Coordinator
D A TE :D A T E :April 08, 2025
SUB JEC T:SUB JEC T :Res 25-155 Approve Special Event - Luxe Hair Studio to Host a Customer Appreciation Event in
Their Parking Lot Located at 1042 W 20th Ave, May 15, 2025
A t t a chment sAttachments
RES 25-155
Luxe Hair Studio Customer Appreciation Attachment
04/08/2025 25-155 RESOLUTION
CARRIED 6-0
PURPOSE: Approve Special Event - Luxe Hair Studio to host a Customer Appreciation Event in their parking
lot located at 1042 W 20th Ave, May 15, 2025
INITIATED BY : CITY ADMINISTRATION
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that approval is granted
to Luxe Hair Studio (Tiffany Dewitt) to host their Customer Appreciation Event in the parking lot at 1042 W
20th Ave. on Thursdays, May 15. 2025 from 3:00 p.m. to 7:00 p.m.in accordance with the municipal code
and the attached application, with the following exceptions/conditions:
A.
B.
C.
BE IT FURTHER RESOLVED that as a condition of approval, the Event Organizer shall pay the City’s actual
costs for extraordinary services. Approval of this request shall not be interpreted as approval to conduct
the event during any period of emergency order or declaration prohibiting such an event. Approval of this
event shall not be interpreted to supersede any emergency order or declaration applicable to such an
event and all events shall remain subject to all applicable ordinances, orders, declarations and
requirements for public gatherings.
Cost Estimates for Extraordinary Services
None
TO :T O :Honorable Mayor and Members of the Common Council
FRO M :FRO M :Kathy Snell, Special Events Coordinator
D A TE :D A T E :April 08, 2025
SUB JEC T:SUB JEC T :Res 25-156 Approve Special Event - Oshkosh Arena/VenuWorks of Oshkosh LLC to Host the
Carden Circus at Their Facility (1212 S Main St), May 15, 2025
A t t a chment sAttachments
RES 25-156
Oshkosh Arena Circus Attachment
04/08/2025 25-156 RESOLUTION
CARRIED 6-0
PURPOSE: APPROVE SPECIAL EVENT - OSHKOSH ARENA/VENUWORKS OF OSHKOSH LLC TO HOST THE CARDEN
CIRCUS AT THEIR FACILITY (1212 S MAIN ST), MAY 15, 2025
INITIATED BY : CITY ADMINISTRATION
WHEREAS, the City of Oshkosh has received a special event application from the Oshkosh
Arena-VenuWorks of Oshkosh LLC (Andy Linton) to host the Carden Circus at the Oshkosh Arena on
Thursday, May 15, 2025;
WHEREAS, Oshkosh Arena-VenuWorks of Oshkosh LLC has requested to allow animals onsite for the
purpose of a circus from Wednesday, May 14 through Friday, May 16, 2025;
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that approval is granted to
Oshkosh Arena-VenuWorks of Oshkosh LLC (Andy Linton) to host the Carden Circus at the Oshkosh Arena on
Thursday, May 15, 2025, from 5:00 p.m. - 8:00 p.m. in accordance with the municipal code and the
attached application, with the following exceptions/conditions:
A. The Oshkosh Arena and Carden Circus shall provide proof of insurance with such an amount acceptable
by the City Attorney;
B. Adhere to Section 6-7 of the City of Oshkosh Municipal Code;
C. Provide proper temporary housing and security for the animals;
D. Be responsible for the immediate clean-up and proper disposal of any waste or litter attributed to their
operation;
E. Animals shall remain in the City for transport, the duration of the event and overnight in the City of
Oshkosh on the Arena premises (1212 S. Main St.) from May 14 -16, 2025. All animals will be transported from
the City on May 16, 2025.
BE IT FURTHER RESOLVED that as a condition of approval, the Event Organizer shall pay the City’s actual
costs for extraordinary services. Approval of this request shall not be interpreted as approval to conduct the
event during any period of emergency order or declaration prohibiting such an event. Approval of
this event shall not be interpreted to supersede any emergency order or declaration applicable to such
an event and all events shall remain subject to all applicable ordinances, orders, declarations and
requirements for public gatherings.
Cost Estimates for Extraordinary Services
None
TO :T O :Honorable Mayor and Members of the Common Council
FRO M :FRO M :Kathy Snell, Special Events Coordinator
D A TE :D A T E :April 08, 2025
SUB JEC T:SUB JEC T :Res 25-157 Approve Special Event - Canada Promotions LLC to Hold a Mexican Rodeo
Concert at the Sunnyview Exposition Center, May 17, 2025
A t t a chment sAttachments
RES 25-157
Mexican Rodeo Concert Attachment
04/08/2025 25-157 RESOLUTION
CARRIED 6-0
PURPOSE: APPROVE SPECIAL EVENT - CANADA PROMOTIONS LLC TO HOST A MEXICAN RODEO CONCERT AT
THE SUNNYVIEW EXPOSITION CENTER, MAY 17, 2025
INITIATED BY : CITY ADMINISTRATION
WHEREAS, the City of Oshkosh has received a special event application from Canada Promotions LLC
(Heidi Vargas) to host the Mexican Rodeo Concert at the Sunnyview Exposition Center on Saturday, May 17,
2025;
WHEREAS, Canada Promotions LLC has requested to allow animals, that are otherwise prohibited within
the City of Oshkosh, onsite for the purpose of a rodeo from Friday, May 16 through Sunday, May 18, 2025;
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh approval is granted to
Canada Promotions LLC (Heidi Vargas) to host a Mexican Rodeo Concert at the Sunnvyview Exposition
Center on Saturday, May 17, 2025, from 1:00 p.m. to 11:00 p.m. in accordance with the municipal code and
the attached application with the following exceptions/conditions:
A. An exception to the provisions of section 6-6 of the Oshkosh Municipal Code is granted to allow animals
that are otherwise prohibited in the City during this event, reasonable set up and clean up and during
transport to and from the event.
TO :T O :Honorable Mayor and Members of the Common Council
FRO M :FRO M :Kathy Snell, Special Events Coordinator
D A TE :D A T E :April 08, 2025
SUB JEC T:SUB JEC T :Res 25-158 Approve Special Event - Fox Valley Technical College (FVTC) to Host the FVTC
Spring Commencement at the UW Oshkosh Kolf Sports Center, May 18, 2025
A t t a chment sAttachments
RES 25-158
FVTC Commencement Attachment
04/08/2025 25-158 RESOLUTION
CARRIED 6-0
PURPOSE: APPROVE SPECIAL EVENT - FOX VALLEY TECHNICAL COLLEGE TO HOST THEIR SPRING
COMMENCEMENT AT THE UW OSHKOSH KOLF SPORTS CENTER, MAY 18, 2025
INITIATED BY : CITY ADMINISTRATION
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that approval is granted
to Fox Valley Technical college (Lauren Gaecke) to host their Spring Commencement at the UW Oshkosh
Kolf Sports Center on Sunday, May 19, 2024, from 1:00 p.m. to 3:00 p.m., in accordance with the municipal
code and the attached application, with the following exceptions/conditions:
A.
B.
C.
BE IT FURTHER RESOLVED that as a condition of approval, the Event Organizer shall pay the City’s actual costs
for extraordinary services. Approval of this request shall not be interpreted as approval to conduct the event
during any period of emergency order or declaration prohibiting such an event. Approval of this event shall
not be interpreted to supersede any emergency order or declaration applicable to such an event and all
events shall remain subject to all applicable ordinances, orders, declarations and requirements for public
gatherings.
Cost Estimates for Extraordinary Services
Fire
Staffing $679.76 (preliminary estimate includes 2 dedicated paramedics for 4 hrs.)
Equipment / Vehicle $193.28 (preliminary estimate includes 4 hrs. of dedicated use of an ambulance)
TO :T O :Honorable Mayor and Members of the Common Council
FRO M :FRO M :Diane Bartlett, City Clerk
D A TE :D A T E :April 08, 2025
SUB JEC T:SUB JEC T :Res 25-159 Approve Combination "Class A" Beer/Liquor and Cigarette, Tobacco, and
Electronic Vaping Device License (Circle K) - Indianhead Oil, 2322 Jackson Street
A t t a chment sAttachments
RES 25-159
Indianhead Oil Application (Circle K)
4/8/2025 25-159 RESOLUTION
CARRIED 6-0
PURPOSE: APPROVE COMBINATION "CLASS A" BEER/LIQUOR LICENSE - Circle K #2746572
INITIATED BY : CITY CLERK
WHEREAS, an application and all required documentation for a license has been submitted, fees
deposited, and all reviews and inspections required by city ordinance have been completed; and
WHEREAS, no violations or other issues have been noted that would prevent the issuance of the liquor
license at this time.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that the following licenses
be granted to:
NAME, ADDRESS, AND LOCATION OF PREMISES:
Indianhead Oil / Circle K
2322 Jackson Street
COMBINATION "CLASS A" BEER/LIQUOR LICENSE
(April 9, 2025 - June 30, 2025)
AGENT:
Jesse Chartier, 741 Parkview Rd, Green Bay WI
TO :T O :Honorable Mayor and Members of the Common Council
FRO M :FRO M :Kelly Nieforth, Director of Community Development
D A TE :D A T E :April 08, 2025
SUB JEC T:SUB JEC T :Ord 25-160 Approve Comprehensive Land Use Plan Amendment from General Commercial to
Light Density Residential for Property Located at the East End of Christian Drive (Parcel
1250160100) (Plan Commission Recommends Approval)
B A C KGRO UN DBACKGROUND
The petitioner is requesting a comprehensive land use map amendment of the 5.5-acre vacant property
located at the east end of Christian Drive. The City has recently purchased the subject property, which
was divided from the property at 3483 Jackson Street through a Certified Survey Map (CSM). The subject
site is currently zoned Suburban Mixed-Use District (SMU) and the surrounding area consists primarily of
residential uses to the north, south, and west, and commercial uses to the east along Jackson Street.
A N A L Y SI SANALYSIS
The City has acquired the subject property and currently owns the vacant property to the north, with the
intention to construct single-family homes for residents with income levels consistent with the city's
average income. The vacant property to the north is currently zoned for single-family residential
development. In order to allow for construction of single-family homes on the subject site, it will need to
be rezoned to a zoning district that allows single-family residential uses, and split into residential-sized lots
through the platting process. The assigned zoning district of the property must be consistent with the
future land use map for the area. Therefore, the City is requesting an amendment of the 2040
Comprehensive Land Use Map from the existing General Commercial designation to Light Density
Residential.
Future land use maps are intended to be used as a general reference tool for determining appropriate
future land use and growth patterns. When creating the maps, recommended uses were determined on
a broader scale rather than a parcel by parcel basis. Staff realizes that sections of the Comprehensive
Plan, including mapping portions, need to be updated or revised periodically to accommodate logical
requests/changes in future land use.
A neighborhood meeting was held on January 22, 2025 to discuss the proposed residential use of the
subject property. Neighbors in attendance were generally supportive of single-family residential
development and recommended that the residential lots be of similar size and scale to the existing
residential properties in the area.
Staff has determined that the proposed Light Density Residential land use designation is appropriate for
the site as it allows for single-family residential use, which is consistent with the neighboring single-family
uses to the west and north. It is also consistent with the Light Density Residential future land use
designation of the areas to the west and north of the site.
REC O M M E N D A TI ONRECOMMENDATION
The Plan Commission recommended approval of the requested map amendment on February 19, 2025.
Please see the attached staff report and meeting minutes for more information.
A t t a chment sAttachments
ORD 25-160
Comp Plan Amend - East end of Christian Dr
4/8/2025 25-160 ORDINANCE
SECOND READING
3/25/2025 25-104 ORDINANCE
FIRST READING
CARRIED 6-0
PURPOSE: APPROVE COMPREHENSIVE LAND USE PLAN AMENDMENT FROM GENERAL COMMERCIAL TO LIGHT
DENSITY RESIDENTIAL FOR PROPERTY LOCATED AT THE EAST END OF CHRISTIAN DRIVE (PARCEL 1250160100)
INITIATED BY : CITY OF OSHKOSH
PLAN COMMISSION RECOMMENDATION: Approved
WHEREAS, the City of Oshkosh Department of Community Development requests an amendment to the
Comprehensive Land Use Plan Map to allow a changed use from General Commercial to Light Density
Residential for property at the east end of Christian Drive (parcel 1250160100).
WHEREAS, residential land use is consistent with existing residential land uses surrounding the area.
WHEREAS, The Comprehensive Plan encourages compatible land use development.
WHEREAS, The Plan Commission recommended approval of said amendment.
WHEREAS, The City has held a public hearing on this Ordinance, in compliance with the requirements of
Section 66.1001(4)(d), Wisconsin Statutes.
WHEREAS, AN ORDINANCE TO AMEND THE COMPREHENSIVE PLAN OF THE CITY OF OSHKOSH, WISCONSIN
The Common Council of the City of Oshkosh does ordain as follows:
SECTION 1. The Common Council of the City of Oshkosh hereby finds that the requested amendment is
consistent with the Comprehensive Plan and neighboring land uses and approves an amendment to the
Comprehensive Land Use Plan Use Map changing the land use designation for property located at the east
end of Christian Drive (parcel 1250160100) from General Commercial to Light Density Residential.
SECTION 2. This Ordinance shall take effect upon passage by a majority vote of the members elect of the
Common Council and publication as required by law.
SECTION 3. Publication Notice. Please take notice that the City of Oshkosh enacted Ordinance #25-160
APPROVE COMPREHENSIVE LAND USE PLAN AMENDMENT FROM GENERAL COMMERCIAL TO LIGHT DENSITY
RESIDENTIAL FOR PROPERTY LOCATED AT THE EAST END OF CHRISTIAN DRIVE (PARCEL 1250160100) on April 8,
2025. This ordinance will amend the Comprehensive Land Use Plan map changing the land use designation
of property located at the east end of Christian Drive (parcel 1250160100) from General Commercial to Light
Density Residential. The full text of the Ordinance may be obtained at the Office of the City Clerk, 215
Church Ave. and on the City's website at www.oshkoshwi.gov. Clerk's phone: (920) 236-5011.
ITEM: COMPREHENSIVE LAND USE PLAN MAP AMENDMENT FROM GENERAL
COMMERCIAL TO LIGHT DENSITY RESIDENTIAL FOR PROPERY
LOCATED AT THE EAST END OF CHRISTIAN DRIVE (PARCEL 1250160100)
Plan Commission Meeting of February 19, 2025
GENERAL INFORMATION
Owner/Applicant: City of Oshkosh (anticipate closing on property Friday, February 14)
Actions Requested:
The applicant is requesting an amendment to the Recommended Land Use Map in the
Comprehensive Plan. The subject area is designated for General Commercial land use; the
applicant is requesting a change to a Light Density Residential land use designation.
Property Location and Background Information:
The petitioner is requesting a comprehensive land use map amendment of the 5.5-acre vacant
property located at the east end of Christian Drive. The City anticipates closing on acquisition of
the subject property on February 14. The subject site was recently divided from the property at
3483 Jackson Street through a CSM. The subject site is currently zoned Suburban Mixed Use
District (SMU) and the surrounding area consists primarily of residential uses to the north,
south, and west, and commercial uses to the east along Jackson Street.
2040 Comprehensive Land Use Map
Subject Site
Subject Site
Existing Land Use Zoning
Commercial SMU
Adjacent Land Use and Zoning
Existing Uses Zoning
North Vacant & Residential SR-9 & SR-5
South Residential MR-20-PD
East Commercial SMU
West Residential SR-5
Recognized Neighborhood Organizations
None
Comprehensive Plan
Land Use Recommendation Land Use
2040 Comprehensive Land Use Recommendation General Commercial
ANALYSIS – COMPREHENSIVE LAND USE MAP AMENDMENT
The City is acquiring the subject property, and currently owns the vacant property to the north,
for construction of single-family homes. The vacant property to the north is currently zoned for
single-family residential development. In order to allow for construction of single-family homes
on the subject site, it will need to be rezoned to a zoning district that allows single-family
residential uses, and split into residential-sized lots through the platting process. The assigned
zoning district of the property must be consistent with the future land use map for the area.
Therefore, the City is requesting an amendment of the 2040 Comprehensive Land Use Map
from the existing General Commercial designation to Light Density Residential.
Preliminary Plat
Future land use maps are intended to be used as a general reference tool for determining
appropriate future land use and growth patterns. When creating the maps, recommended uses
were determined on a broader scale rather than a parcel by parcel basis. Staff realizes that
sections of the Comprehensive Plan, including mapping portions, need to be updated or revised
periodically to accommodate logical requests/changes in future land use.
Staff feels that the proposed Light Density Residential land use designation is appropriate for
the site as it allows for single-family residential use, which is consistent with the neighboring
single-family uses to the west and north. It is also consistent with the Light Density Residential
future land use designation of the areas to the west and north of the site.
RECOMMENDATION
Comprehensive Land Use Map Amendment:
Staff recommends approval of the Comprehensive Land Use Plan amendment from General
Commercial to Light Density Residential for the property located at the east end of Christian
Drive (Parcel 1250160100).
The Plan Commission recommended approval of the Comprehensive Land Use Plan
amendment at parcel 1250160100 on February 19, 2025. The following is Plan Commission’s
discussion on the item.
Site Inspections Report: Ms. Davey, Mr. Loewenstein, Mr. Bowen, and Ms. Propp reported
visiting the site.
Staff report accepted as part of the record.
Mr. Slusarek presented the items and reviewed the site and surrounding area as well as the land
use and zoning classifications in this area. Staff recommends approval of the Comprehensive
Land Use Plan amendment from General Commercial to Light Density Residential for the
property located at the east end of Christian Drive (Parcel 1250160100).
Mr. Perry opened up technical questions to staff. There were none.
Mr. Perry opened public comment and asked if the applicant wanted to make any statements.
City staff did not have any more comments.
Mr. Perry asked if any members of the public wished to speak. There were none.
Mr. Perry closed public comment.
There was no closing statement from the applicant.
Motion by Davey to adopt the findings and recommendation as stated in the staff report.
Seconded by Bowen.
Mr. Perry asked if there was any discussion on the motion. There was none.
Motion carried 6-0.
Page 4
COMPREHENSIVE PLAN AMENDMENT PC: 2-19-2025
NOTICES MAILED TO:
JAMES R/DIANA LEMMER 540 OLSON AVE OSHKOSH WI 54901
STEVEN/PA/CHEE VANG 480 OLSON AVE OSHKOSH WI 54901
SUE ANN DONKER 440 OLSON AVE OSHKOSH WI 54901
EESI VANG/PA SOUA CHANG 380 OLSON AVE OSHKOSH WI 54901
JUSTIN S/ASHLEY A STENERSON 340 OLSON AVE OSHKOSH WI 54901
TRACIE ZIFICSAK 535 OLSON AVE OSHKOSH WI 54901
CLARITY CARE INC 424 WASHINGTON AVE OSHKOSH WI 54901
MICHAEL J/VICKI L LAUX 435 OLSON AVE OSHKOSH WI 54901
WA THAI LEE/MAI L VANG 375 OLSON AVE OSHKOSH WI 54901
DALE R/SANDRA M POMMERENING 335 OLSON AVE OSHKOSH WI 54901
JAMES B/ELIZABETH A BALL REV TRUST PO BOX 2234 OSHKOSH WI 54903
RUSS YOUNG PROPERTIES LLC 557 HART CT WAUPACA WI 54981
OA&E PROPERTIES LLC 740 LEEWARD CT W OSHKOSH WI 54901
SANDRA K ANGLE 1190 CHRISTIAN DR OSHKOSH WI 54901
WIS INDEPENDENT CHRISTIAN SCHOOLS 3450 VINLAND ST OSHKOSH WI 54901
LARRY/STEPHANIE A HAMMERSENG 1180 CHRISTIAN DR OSHKOSH WI 54901
JOHN A/JODIE L ZIEMER LIVING TRUST 1170 CHRISTIAN DR OSHKOSH WI 54901
MICHAEL D/JENNY L FAUST 1160 CHRISTIAN DR OSHKOSH WI 54901
FIRST UNITED METHODIST CHURCH 1150 CHRISTIAN DR OSHKOSH WI 54901
JOHN T SOMERVILLE 1130 CHRISTIAN DR OSHKOSH WI 54901
RYAN/AMANDA GEORG 1110 CHRISTIAN DR OSHKOSH WI 54901
TODD R/AMY M GIESE 1080 CHRISTIAN DR OSHKOSH WI 54901
XO XIONG/SENG VANG 1040 CHRISTIAN DR OSHKOSH WI 54901
ANDREW P/SARAH J DESOTELL 1000 CHRISTIAN DR OSHKOSH WI 54901
JEFFREY WILLIAMS LIVING TRUST 970 CHRISTIAN DR OSHKOSH WI 54901
MITCHELL A/SHANDELL MAE A POTRYKUS 940 CHRISTIAN DR OSHKOSH WI 54901
RICHARD/MONICA M SCHMALZ 910 CHRISTIAN DR OSHKOSH WI 54901
REBER/TARA KOJI 880 CHRISTIAN DR OSHKOSH WI 54901
DANIEL/RENEE M POESCHL 850 CHRISTIAN DR OSHKOSH WI 54901
CHAD M GUNTHER/CHRISTIN V LECLOUX 820 CHRISTIAN DR OSHKOSH WI 54901
KEVIN/KRISTIN WOPAT 790 CHRISTIAN DR OSHKOSH WI 54901
JOAN M GROLL 760 CHRISTIAN DR OSHKOSH WI 54901
KURT W/ANN M NEITZEL 730 CHRISTIAN DR OSHKOSH WI 54901
CHRISTOPHE/MARIE F M PIETRUCZAK 3490 EICHSTADT RD OSHKOSH WI 54901
BEE/KIA L THAO 3484 EICHSTADT RD OSHKOSH WI 54901
KA THAO/VAI LOR 3478 EICHSTADT RD OSHKOSH WI 54901
ERIC C/KALINA NOU VANG XIONG 3470 EICHSTADT RD OSHKOSH WI 54901
TOU Y XIONG/XAO HER 3464 EICHSTADT RD OSHKOSH WI 54901
DAVID L/JODI R MRSTIK 3456 EICHSTADT RD OSHKOSH WI 54901
KELLY L RIPP 3450 EICHSTADT RD OSHKOSH WI 54901
MATTHEW J/AMBER M WOLLER 3442 EICHSTADT RD OSHKOSH WI 54901
SEAN C/ELIZABETH A FREUND 3436 EICHSTADT RD OSHKOSH WI 54901
MARK J/LISA M MCAULEY 3428 EICHSTADT RD OSHKOSH WI 54901
RANDALL K/TAMMY L KIELBASA 3422 EICHSTADT RD OSHKOSH WI 54901
DAVID S/CHRISTINE M SIMON 3414 EICHSTADT RD OSHKOSH WI 54901
SCOTT L/HEATHER M MCDONALD 3408 EICHSTADT RD OSHKOSH WI 54901
GREGORY R/TANYA M PEOTTER 3400 EICHSTADT RD OSHKOSH WI 54901
JOSIF/SHARON J WAGNER 3390 EICHSTADT RD OSHKOSH WI 54901
THALLEN J/CRYSTAL M GALLOWAY 3384 EICHSTADT RD OSHKOSH WI 54901
Page 5
COMPREHENSIVE PLAN AMENDMENT PC: 2-19-2025
NOTICES MAILED TO:
DEAN M/ELENA R NETT 825 FREEDOM AVE OSHKOSH WI 54901
JASON M/HILLORY A DAVILA 855 FREEDOM AVE OSHKOSH WI 54901
WILLIAM D/BETTY K NEAU 885 FREEDOM AVE OSHKOSH WI 54901
AVTAR S/ARINDER K BHARJ 915 FREEDOM AVE OSHKOSH WI 54901
SCOTT T/KAREN A HONSINGER 945 FREEDOM AVE OSHKOSH WI 54901
RYAN J/KAREN E SCHAEFER 975 FREEDOM AVE OSHKOSH WI 54901
YOUNG MIN/JESSICA A FELTEN 1005 FREEDOM AVE OSHKOSH WI 54901
PAUL/CHRISTINE S KLUMPNER 1045 FREEDOM AVE OSHKOSH WI 54901
MICHAEL E/CYNTHIA L SMITH 1085 FREEDOM AVE OSHKOSH WI 54901
GRADY E/JUDITH A FREEMAN 1115 FREEDOM AVE OSHKOSH WI 54901
TIM M/CHERYL A MCBRAIR 1135 FREEDOM AVE OSHKOSH WI 54901
JEFFREY KOCH/LUCELLYS PADILLA 1155 FREEDOM AVE OSHKOSH WI 54901
MATTHEW J MITTELSTAEDT 1165 FREEDOM AVE OSHKOSH WI 54901
JOHN G/ALISSA M STARK 1175 FREEDOM AVE OSHKOSH WI 54901
MICHAEL W/LINDA J MATSCHE 1185 FREEDOM AVE OSHKOSH WI 54901
CHA LEE THAO/CHANSAMAI LY 1195 FREEDOM AVE OSHKOSH WI 54901
JASON L/BARBARA L FROHN 1190 FREEDOM AVE OSHKOSH WI 54901
DANIEL J/SANDRA J GRUEL 1180 FREEDOM AVE OSHKOSH WI 54901
JEFFREY A/LINDA F HASLEY 1170 FREEDOM AVE OSHKOSH WI 54901
MELISSA K EDGIL/SARA M WOODFALL 1160 FREEDOM AVE OSHKOSH WI 54901
ANDREW J ENGEL/SARAH CLAVETTE 1150 FREEDOM AVE OSHKOSH WI 54901
MARK W SPENCER 1130 FREEDOM AVE OSHKOSH WI 54901
RANDALL J/LOUISE LONGRIE 1110 FREEDOM AVE OSHKOSH WI 54901
DIA/PHIA YANG 1080 FREEDOM AVE OSHKOSH WI 54901
MATTHEW/DANIELLE HELTZ JR 1040 FREEDOM AVE OSHKOSH WI 54901
DEAN R NEUBAUER 1000 FREEDOM AVE OSHKOSH WI 54901
JOE E/TINA M HUINKER 970 FREEDOM AVE OSHKOSH WI 54901
MARK ZIMMERMAN 940 FREEDOM AVE OSHKOSH WI 54901
PAUL R/MICHELLE M HENNELL 910 FREEDOM AVE OSHKOSH WI 54901
MATTHEW S/CHOU V XIONG 880 FREEDOM AVE OSHKOSH WI 54901
DAWN L WATKINS/WENDY K HERMANS 850 FREEDOM AVE OSHKOSH WI 54901
KEE YANG/CHAO LOR 820 FREEDOM AVE OSHKOSH WI 54901
CAROL J NARDIN 3417 EICHSTADT RD OSHKOSH WI 54901
MAINUE KHANG 3425 EICHSTADT RD OSHKOSH WI 54901
BRETT M SMITS/SARAH R SALZSIEDER 3431 EICHSTADT RD OSHKOSH WI 54901
STEVEN L/LYNN M BRIDWELL 3439 EICHSTADT RD OSHKOSH WI 54901
DAVID R/DEBRA A RUHL 3445 EICHSTADT RD OSHKOSH WI 54901
ROBERT J/MARGARET J WILMS 3453 EICHSTADT RD OSHKOSH WI 54901
SALVATION ARMY 5550 PRAIRIE STONE PKWY HOFFMAN ESTATES IL 60192
MILES E BENNETT 3467 EICHSTADT RD OSHKOSH WI 54901
DAVID H/SHARON E CURTIS 131 N WATER ST APT 4408 NEENAH WI 54956
AMY BRUNER 3481 EICHSTADT RD OSHKOSH WI 54901
ALEX F/JENNIFER L DWORAK 3489 EICHSTADT RD OSHKOSH WI 54901
SIDNEY/LORETTA E MILLER IRREV TRUST 1403 BERGER ST OSHKOSH WI 54902
KATHLEEN A WEINHOLD 885 CHRISTIAN DR OSHKOSH WI 54901
JESSE L/AMBER E HUCK 915 CHRISTIAN DR OSHKOSH WI 54901
TRAVIS W BEEK 945 CHRISTIAN DR OSHKOSH WI 54901
JOHN P PICKART 975 CHRISTIAN DR OSHKOSH WI 54901
REDDEMANN IRREV TRUST 1005 CHRISTIAN DR OSHKOSH WI 54901
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COMPREHENSIVE PLAN AMENDMENT PC: 2-19-2025
NOTICES MAILED TO:
ADAM J RUEDINGER 1045 CHRISTIAN DR OSHKOSH WI 54901
JAMES M/JULIE A PICKART 1085 CHRISTIAN DR OSHKOSH WI 54901
LORINDA F LEWIS 3390 WALDEN LN OSHKOSH WI 54904
DAVID/KATHLEEN A HANSEN 1135 CHRISTIAN DR OSHKOSH WI 54901
DANIEL C/KATIE M STINSON 1155 CHRISTIAN DR OSHKOSH WI 54901
JAMES E/LISA M WOLLER 1165 CHRISTIAN DR OSHKOSH WI 54901
DYLAN S BRAM/MAGGIE A NETT 1175 CHRISTIAN DR OSHKOSH WI 54901
STEPHEN/CYNTHIA L DOBISH 1185 CHRISTIAN DR OSHKOSH WI 54901
JACKSON LOGAN LLC C/O ALEXANDER & BISHOP 300 N MAIN ST STE 300 OSHKOSH WI 54901
KOOPMAN PROPERTIES LLC PO BOX 575 OSHKOSH WI 54903
JF OSHKOSH LLC 300 N CORPORATE DR STE 280 BROOKFIELD WI 53045
JEFFREY R VOLKENANT/CYNTHIA S GUTCHE 680 OLSON AVE OSHKOSH WI 54901
STEVEN L HILL 640 OLSON AVE OSHKOSH WI 54901
CURT R CHRISTIANSEN 580 OLSON AVE OSHKOSH WI 54901
RANDALL/CHERYL DITTMER 3650 VINLAND ST OSHKOSH WI 54901
RICHARD E/E MORGAN 1198 OLSON AVE OSHKOSH WI 54901
KENNETH M RICKER/MARCIA SCHULTZ 1146 OLSON AVE OSHKOSH WI 54901
PEGGY SHAFFER/KONNIE STRAUSS 1120 OLSON AVE OSHKOSH WI 54901
WILLIAM E ZASKE 1082 OLSON AVE OSHKOSH WI 54901
POJPREECHA THAO 1058 OLSON AVE OSHKOSH WI 54901
LEROY V HENCH REV TRUST 1010 OLSON AVE OSHKOSH WI 54901
BARRY A/LAURIE A LAATSCH 978 OLSON AVE OSHKOSH WI 54901
DANIEL N RUDDY/LINDA S KOPE 946 OLSON AVE OSHKOSH WI 54901
RUTH WIRTH 894 OLSON AVE OSHKOSH WI 54901
JON R/LORI A MORTENSEN 750 OLSON AVE OSHKOSH WI 54901
JODIE M RASMUSSEN 755 OLSON AVE OSHKOSH WI 54901
LINDA L CARDER 875 OLSON AVE OSHKOSH WI 54901
MARK KNOLL LIFE EST/MARY JOHANNES LIFE 947 OLSON AVE OSHKOSH WI 54901
STEPHEN /AUDREY ZIMMERMAN 979 OLSON AVE OSHKOSH WI 54901
BONNIE V BINNER 1011 OLSON AVE OSHKOSH WI 54901
GARY N KAUFMAN 1059 OLSON AVE OSHKOSH WI 54901
KIERA L CARPENTER 1083 OLSON AVE OSHKOSH WI 54901
ZE XIONG/PAO VANG 1121 OLSON AVE OSHKOSH WI 54901
WILLIAM J HAYES SR 1145 OLSON AVE OSHKOSH WI 54901
BENJAMIN D EISLEY 1195 OLSON AVE OSHKOSH WI 54901
CRAIG/VIVIAN MITTELSTAEDT 1199 OLSON AVE OSHKOSH WI 54901
MARK EMNOTT 1197 OLSON AVE OSHKOSH WI 54901
DAVID E/LISA A CARTWRIGHT 3620 VINLAND ST OSHKOSH WI 54901
STANLEY CHRISTENSEN 3604 VINLAND ST OSHKOSH WI 54901
DANIEL/PAULA SUESS 1101 FARMINGTON AVE OSHKOSH WI 54901
SUSAN M COENEN 1073 FARMINGTON AVE OSHKOSH WI 54901
THOMAS SPANBAUER/JESSICA WATERBURY 1043 FARMINGTON AVE OSHKOSH WI 54901
SAMUEL/TERRI SCHAFFER 1015 FARMINGTON AVE OSHKOSH WI 54901
JASON R/TRACY M WERNER 987 FARMINGTON AVE OSHKOSH WI 54901
SCOTT H/DORIS A WERDIN 959 FARMINGTON AVE OSHKOSH WI 54901
JEAN E ANDERSON 929 FARMINGTON AVE OSHKOSH WI 54901
PAW KU HTOO/MU NAW 901 FARMINGTON AVE OSHKOSH WI 54901
THOMAS R/SUSAN ZINGSHEIM 871 FARMINGTON AVE OSHKOSH WI 54901
JON C/DAWN M FOGELSON 843 FARMINGTON AVE OSHKOSH WI 54901
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COMPREHENSIVE PLAN AMENDMENT PC: 2-19-2025
NOTICES MAILED TO:
ROBERT J/LORI L LEVONOWICZ 815 FARMINGTON AVE OSHKOSH WI 54901
ANDREW D MEISTER/ANGELA B PACK 787 FARMINGTON AVE OSHKOSH WI 54901
GORDON A GUETZKOW JR 759 FARMINGTON AVE OSHKOSH WI 54901
KEVIN R/SANDY K AXON 729 FARMINGTON AVE OSHKOSH WI 54901
ROBERT S/DIANE M WEBER 1100 FARMINGTON AVE OSHKOSH WI 54901
ANTHONY JODARSKI 1060 FARMINGTON AVE OSHKOSH WI 54901
CAROL J WILLIAMS 1020 FARMINGTON AVE OSHKOSH WI 54901
CYNTHIA M WECKER 980 FARMINGTON AVE OSHKOSH WI 54901
MATTHEW P/TAMMI L KOHLMAN 940 FARMINGTON AVE OSHKOSH WI 54901
GEORGE A PERETZ 900 FARMINGTON AVE OSHKOSH WI 54901
NENG T/TONG W XIONG 860 FARMINGTON AVE OSHKOSH WI 54901
TODD J/PEGGY L ROGERS 820 FARMINGTON AVE OSHKOSH WI 54901
LOU YANG 780 FARMINGTON AVE OSHKOSH WI 54901
REBECCA L MUECKLER 1199 FARMINGTON AVE OSHKOSH WI 54901
JIMMY/LU ANN MESSING 1195 FARMINGTON AVE OSHKOSH WI 54901
MATTHEW/SARAH DOBBERKE 1191 FARMINGTON AVE OSHKOSH WI 54901
LEE/PENG XUE VANG 685 FARMINGTON AVE OSHKOSH WI 54901
ANTHON/STACEY FRANKENSTEIN-MARKON 3615 ANDERSON ST OSHKOSH WI 54901
DEVIN/JESSICA ESSLINGER 3610 ANDERSON ST OSHKOSH WI 54901
DONALD L/PATTIE S QUINT JR 575 OLSON AVE OSHKOSH WI 54901
THOMAS J/DIANE J JOHANNES 640 FARMINGTON AVE OSHKOSH WI 54901
MATTHEW W/TARA L NOTZKE 600 FARMINGTON AVE OSHKOSH WI 54901
ADAM J STORER 560 FARMINGTON AVE OSHKOSH WI 54901
ANDY J PAMPERIN 635 OLSON AVE OSHKOSH WI 54901
KATHY L CLOSE 675 OLSON AVE OSHKOSH WI 54901
MARK M MIEDANER 1190 FARMINGTON AVE OSHKOSH WI 54901
JESSE/REBECCA GOTTESMAN 1160 FARMINGTON AVE OSHKOSH WI 54901
JEFF A/SHARLENE CHRISTENSEN 1130 FARMINGTON AVE OSHKOSH WI 54901
JONATHAN GRAVES/SABRINA MINNIHAN 1185 FARMINGTON AVE OSHKOSH WI 54901
DENNIS K/JANET G RADIG 1165 FARMINGTON AVE OSHKOSH WI 54901
VICKI L DITTMER 1145 FARMINGTON AVE OSHKOSH WI 54901
THEODORE/DENISE MAY 1125 FARMINGTON AVE OSHKOSH WI 54901
TOWN OF OSHKOSH 1076 COZY LN OSHKOSH WI 54901
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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: 1/23/2025
1 in = 600 ft
1 in = 0.11 mi¯ZONING MAP
City of Oshkosh maps and data are intended to be used for general identification purposes only, and the City of Oshkoshassumes no liability for the accuracy of the information. Those using the information are responsible for verifying accuracy. Forfull disclaimer please go to www.ci.oshkosh.wi.us/GISdisclaimer
Page 10
Page 11
TO :T O :Honorable Mayor and Members of the Common Council
FRO M :FRO M :Kelly Nieforth, Director of Community Development
D A TE :D A T E :April 08, 2025
SUB JEC T:SUB JEC T :Ord 25-161 Approve Zone Change from Heavy Industrial District (HI) to Heavy Industrial with a
Planned Development Overlay (HI-PD) at 2750 Vinland Street (Plan Commission Recommends
Approval)
B A C KGRO UN DBACKGROUND
The subject site consists of a 38-acre parcel located at the southeast corner of Industrial Avenue and
Vinland Street. The site includes five multi-tenant industrial buildings, loading areas, and associated
parking lots. The site is zoned Heavy Industrial District (HI) and the surrounding area is a mixture of
residential and industrial land uses. The 2040 Comprehensive Land Use Plan recommends Mixed Use for
the subject area.
A N A L Y SI SANALYSIS
The applicant is requesting a zone change from the Heavy Industrial District (HI) to Heavy Industrial District
with a Planned Development Overlay (HI-PD) for the subject parcel. The requested Planned
Development Overlay designation is intended to allow for flexibility in the zoning ordinance to allow for the
construction of an outdoor storage area behind the easternmost building. The applicant has submitted
plans for the outdoor storage area, which will require a future General Development Plan (GDP)
approval. This is scheduled to be considered by Council during the April 8 Council meeting.
Staff is supportive of the proposed zone change to include a Planned Development Overlay as it will
serve to accommodate future development needs for the site.
REC O M M E N D A TI ONRECOMMENDATION
The Plan Commission recommended approval of the requested zone change on March 18, 2025. Please
see the attached staff report and meeting minutes for more information.
A t t a chment sAttachments
ORD 25-161
Rezone - 2750 Vinland St
4/8/2025 25-161 ORDINANCE
SECOND READING
3/25/2025 25-137 ORDINANCE
FIRST READING
CARRIED 6-0
PURPOSE: APPROVE ZONE CHANGE FROM HEAVY INDUSTRIAL DISTRICT (HI) TO HEAVY INDUSTRIAL WITH A
PLANNED DEVELOPMENT OVERLAY (HI-PD) AT 2750 VINLAND STREET
INITIATED BY : MACH IV ENGINEERING AND SURVEYING, LLC
PLAN COMMISSION RECOMMENDATION: Approved
A GENERAL ORDINANCE OF THE CITY OF OSHKOSH AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF
OSHKOSH, AS ADOPTED BY SECTION 30-32 OF THE OSHKOSH MUNICIPAL CODE.
The Common Council of the City of Oshkosh does ordain as follows:
SECTION 1. That the Official Zoning Map of the City of Oshkosh, as adopted by Section 30-32 of the
Oshkosh Municipal Code, is hereby amended to change the district of the property located at 2750 Vinland
Street from Heavy Industrial District (HI) to Heavy Industrial District with a Planned Development Overlay
(HI-PD). The subject property, 2750 Vinland Street, is more particularly described as follows:
LOT 1 OF CERTIFIED SURVEY MAP NUMBER 7896, RECORDED AS DOCUMENT NUMBER 1878836, WINNEBAGO
COUNTY REGISTER OF DEEDS
SECTION 2. This Ordinance shall be in full force and effect from and after its passage and publication.
SECTION 3. Publication Notice. Please take notice that the City of Oshkosh enacted Ordinance #25-161
APPROVE ZONE CHANGE FROM HEAVY INDUSTRIAL DISTRICT (HI) TO HEAVY INDUSTRIAL DISTRICT WITH A
PLANNED DEVELOPMENT OVERLAY (HI-PD) AT 2750 VINLAND STREET (A GENERAL ORDINANCE OF THE CITY OF
OSHKOSH AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF OSHKOSH, AS ADOPTED BY SECTION 30-32
OF THE OSHKOSH MUNICIPAL CODE) on April 8, 2025. This ordinance changes the zoning of the property
located 2750 Vinland Street from Heavy Industrial District (HI) to Heavy Industrial District with a Planned
Development Overlay (HI-PD). The full text of the Ordinance may be obtained at the Office of the City Clerk,
215 Church Avenue and on the City's website at www.oshkoshwi.gov. Clerk's phone: (920) 236-5011.
ITEM: PUBLIC HEARING: ZONE CHANGE FROM HEAVY INDUSTRIAL
DISTRICT (HI) TO HEAVY INDUSTRIAL DISTRICT WITH A PLANNED
DEVELOPMENT OVERLAY (HI-PD) AND APPROVAL OF A GENERAL
DEVELOPMENT PLAN FOR OUTDOOR STORAGE AT 2750 VINLAND
STREET
Plan Commission Meeting of March 18, 2025
GENERAL INFORMATION
Applicant: Mach IV Engineering and Surveying, LLC
Owner: 2750 Vinland, LLC
Action(s) Requested:
The applicant requests a zone change from the existing Heavy Industrial District (HI) to Heavy
Industrial District with a Planned Development Overlay (HI-PD). The applicant also requests
approval of a General Development Plan (GDP) for outdoor storage.
Applicable Ordinance Provisions:
Zoning map amendment standards are found in Section 30-381 of the Zoning Ordinance. Planned
Development standards are found in Section 30-387 of the Zoning Ordinance.
Property Location and Background Information:
The subject site consists of a 38-acre parcel located at the southeast corner of Industrial Avenue
and Vinland Street. The site includes five multi-tenant industrial buildings, loading areas, and
associated parking lots. The site is zoned Heavy Industrial District (HI) and the surrounding area
is a mixture of residential and industrial land uses. The 2040 Comprehensive Land Use Plan
recommends Mixed Use for the subject area.
Subject Site
Existing Land Use Zoning
Commercial HI
Recognized Neighborhood Organizations
N/A
Adjacent Land Use and Zoning
Existing Uses Zoning
North Industrial Town of Oshkosh
South Industrial HI
East Commercial MR-20-PD
West Residential & Industrial SR-5 & HI
Comprehensive Plan Land Use Recommendation Land Use
2040 Comprehensive Land Use Recommendation Mixed Use
ANALYSIS
Zone Change
The applicant is requesting a zone change from the Heavy Industrial District (HI) to Heavy
Industrial District with a Planned Development Overlay (HI-PD) for the subject property. The
requested Planned Development Overlay designation is intended to allow for flexibility in the
zoning ordinance to allow for the construction of an outdoor storage area behind the easternmost
building. The applicant has submitted plans for the outdoor storage area, which will be addressed
as a GDP and Specific Implementation Plan (SIP) review. The GDP will be reviewed in this staff
report.
Staff is supportive of the proposed zone change to include a Planned Development Overlay as it
will serve to accommodate future development needs for the site. It will also provide further
review for compatibility with neighboring residential properties.
Rezone to HI-PD
Use
The applicant is proposing to construct an approximately 3-acre gravel outdoor storage area
behind the easternmost building on the subject site.
The HI District allows for outdoor storage as a Conditional Use. Staff does not have any concerns
with the proposed outdoor storage use as it is compatible with surrounding industrial land uses
to the west and south of the property and is consistent with the industrial/storage use of the site.
Site Design
The applicant is proposing a new gravel storage area, fencing and berm, lighting, and modifying
the existing stormwater facilities within the site. Code requires outdoor storage areas to be
screened from any non-industrialized areas by any permitted combination of buildings,
structures, walls, and solid fencing. Such walls and fencing shall be a minimum of 8 feet in height
and shall be designed to completely screen all stored items from view of non-industrialized areas.
As the neighboring properties are industrial zoned to the west and north screening will only need
to be provided along the east property line and the south side of the outdoor storage area where
the site abuts residentially zoned property. The applicant is proposing to install 8’ fencing that is
90% opaque on the south side of the outdoor storage area, which meet the necessary screening
requirements. The submitted site plan shows the gravel outdoor storage area setback 105’ from
the east property line, where code requires a 20’ setback. The applicant is also proposing 6’ chain
link fencing along the east side of the outdoor storage area. A Based Standard Modification (BSM)
is needed for the 6’ chain link fence, where code allows 8’ solid walls or fencing. This BSM request
will be addressed as part of the SIP process.
Signage
Sign renderings were not included with this request and are not required for the GDP approval.
Final signage plans will be submitted and reviewed as part of the SIP request.
Site Lighting
A photometric lighting plan has not been submitted with this request, and will be required as
part of the SIP request.
Landscaping
A landscape plan was not included in the submittal. The outdoor storage area requires yard
landscaping and bufferyard landscaping is required along the neighboring Multi-Family
Residential-20 (MR-20-PD) zoned properties to the east of the site. The application will need to
meet all landscaping requirements or apply for BSMs as part of the SIP process.
Yards
Code requires 30 landscaping points per 1,000 sq. ft. of gross floor area of the outdoor storage
area. Landscaping points will be verified during the SIP process.
Bufferyards
A 0.8 opacity bufferyard is required along the neighboring Multi-Family Residential-20 (MR-20-
PD) zoned properties to the east of the site. The applicant is providing a 105’ bufferyard along the
east property line along with a 6’- 7’ berm and 6’ chain link fencing. Code requires 505
landscaping points with the 6’ berm be installed per 100 linear feet. The applicant will need to
demonstrate that 0.8 opacity bufferyard is being met or apply for a BSM for alternative screening.
Screening requirements and landscaping points will be verified during the SIP process.
Storm Water Management/Utilities
The Department of Public Works has reviewed the plans and noted that final plans are required
to be in full compliance with the requirements of the City of Oshkosh Municipal Code Chapter 14
for storm water management. This will be addressed during the SIP and Site Plan Review
processes.
Building Facades
No new buildings on site are being proposed.
FINDINGS/RECOMMENDATION/CONDITIONS
In its review and recommendation to the Common Council on an application for a Zoning Map
amendment, staff recommends the Plan Commission make the following findings based on the
criteria established by Chapter 30-381 (D)(2):
(a) Advances the purposes of this Chapter as outlined in Section 30-03 will provide
further review of development on the site.
(c) The proposed HI-PD zoning designation maintains the desired overall consistency
of land uses, land use intensities, and land use impacts because the proposed zoning
designation will remain consistent with the neighboring HI zoning.
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 the Zoning Ordinance as the proposed outdoor storage use of the site will not
have a negative impact on the public because outdoor storage is a conditional use in the
HI District and will not have negative impact on the neighboring properties.
(c) The proposed Planned Development project would maintain the desired relationships
between land uses, land use densities and intensities, and land use impacts because the
outdoor storage use is compatible with the surrounding industrial uses.
(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.
(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 because the subject property is within a mixed use area with industrial and
residential land uses.
Staff recommends approval of the zone change and General Development Plan with the findings
listed above and the following condition:
1. All requested Base Standard Modifications will be addressed as part of the Specific
Implementation Plan application.
The Plan Commission recommended approval of the requested zone change on March 18, 2025.
The following is Plan Commission’s discussion on the item.
Site Inspections Report: Mr. Bowen and Ms. Propp reported visiting the site.
Staff report accepted as part of the record.
Ms. Dziengeleski presented the items and reviewed the site and surrounding area as well as the
land use and zoning classifications in this area. Staff recommends approval of the zone change
and General Development Plan with the findings and condition listed in the staff report.
Mr. Kiefer opened up technical questions to staff. There were none.
Mr. Kiefer opened the public hearing and asked if the applicant wanted to make any statements.
Joel Ehrfurth, Civil Engineer with Mach IV Engineering, spoke about the buffer area.
Mr. Kiefer asked if any members of the public wished to speak. There were none.
Mr. Kiefer closed the public hearing.
There was no closing statement from the applicant.
Motion by Davey to adopt the findings and recommendation as stated in the staff report.
Seconded by Propp.
Mr. Kiefer asked if there was any discussion on the motion. There was none.
Motion carried 7-0.
Page 6
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2260 Salscheider Court Green Bay, WI 54313
PH:920-569-5765; Fax: 920-569-5767
www.mach-iv.com
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R:\Jobs\2298-01-24 Vinland Parking Lot Addition\DRAWINGS\2298-01-24 Eng.dwg 1/23/2025 1:58:07 PM
GRAVEL STORAGE SITE LAYOUT
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Page 13
REZONE.GDP.SIP
2750 VINLAND ST
PC: 3-18-2025
CLARITY CARE INC
424 WASHINGTON AVE
OSHKOSH WI 54901
LANG APTS 1 LLC
615 S MAIN ST
OSHKOSH WI 54902
ROBERT BERMAN ETAL
765 MARKET ST APT 27A
SAN FRANCISCO CA 94103
NICOLET INV OF OSH LLP
3389 COUNTY ROAD A
OSHKOSH WI 54901
2750 VINLAND LLC
601 OREGON ST A
OSHKOSH WI 54902
RONALD J HOLMES
2800 VINLAND ST
OSHKOSH WI 54901
ZBY ENTERPRISES LLC
3024 SHELDON DR
OSHKOSH WI 54904
CHICAGO & NW RR CO
4823 N 119TH ST
MILWAUKEE WI 53225
OSHKOSH STORAGE CO INC
1110 INDUSTRIAL AVE
OSHKOSH WI 54901
CONGER HOLDINGS LLC
3801 STATE RD 21
OSHKOSH WI 54904
JAMES H LANG
1115 BAY SHORE DR
OSHKOSH WI 54901
LANDOLT PROPERTIES LLC
4900 PLUMMERS POINT RD
OSHKOSH WI 54904
XIONG ENTERPRISES LLC
3470 EICHSTADT RD
OSHKOSH WI 54901
JENNIFER DALY IRREV TR
805 W PACKER AVE
OSHKOSH WI 54901
BENJAMIN & ERICA RUSCH
811 W PACKER AVE
OSHKOSH WI 54901
RALPH PRIEWE
815 W PACKER AVE
OSHKOSH WI 54901
JEFFERY & DIANE LOCY
821 W PACKER AVE
OSHKOSH WI 54901
MICHAEL PEERENBOOM
2561 VINLAND ST
OSHKOSH WI 54901
TOWN OF OSHKOSH
1076 COZY LN
OSHKOSH WI 54901
Page 14
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J:\GIS\Planning\Plan Commission Site Plan Map Template\2023 Plan Commission Site Plan Map Template.mxd User: katrinam
Prepared by: City of Oshkosh, WI
Printing Date: 2/19/2025
1 in = 320 ft
1 in = 0.06 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 15
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J:\GIS\Planning\Plan Commission Site Plan Map Template\2023 Plan Commission Site Plan Map Template.mxd User: katrinam
Prepared by: City of Oshkosh, WI
Printing Date: 2/19/2025
1 in = 800 ft
1 in = 0.15 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 16
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Printing Date: 2/19/2025
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1 in = 0.06 mi¯AERIAL MAP
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Page 17
TO :T O :Honorable Mayor and Members of the Common Council
FRO M :FRO M :Kelly Nieforth, Director of Community Development
D A TE :D A T E :April 08, 2025
SUB JEC T:SUB JEC T :Ord 25-162 Approve Zone Change from Suburban Mixed-Use District (SMU) to Suburban
Mixed-Use District with a Planned Development Overlay at 1120 South Koeller Street (Plan
Commission Recommends Approval)
B A C KGRO UN DBACKGROUND
The subject site is a 0.25-acre parcel located along South Koeller Street, south of West 9th Avenue. The
site has an existing restaurant building (Pizza Hut) and associated parking stalls. The surrounding area
consists of commercial uses. The 2040 Comprehensive Land Use Plan recommends Interstate Commercial
use for the subject site.
A N A L Y SI SANALYSIS
The applicant is requesting a zone change from the existing Suburban Mixed-Use District (SMU)
designation to Suburban Mixed-Use District with a Planned Development Overlay (SMU-PD) for the subject
parcel. The requested Planned Development Overlay designation is intended to allow for flexibility in the
zoning ordinance to accommodate redevelopment of the parcel. The applicant has submitted plans for
a drive-through coffee shop, 7 Brew Coffee, which will require a future General Development Plan (GDP)
and Specific Implementation Plan (SIP) approval. This is scheduled to be considered by Council during
the April 8 Council meeting. Staff is supportive of the proposed rezone as it will assist redevelopment of
the relatively small commercial parcel.
REC O M M E N D A TI ONRECOMMENDATION
The Plan Commission recommended approval of the requested zone change on March 18, 2025. Please
see the attached staff report and meeting minutes for more information.
A t t a chment sAttachments
ORD 25-162
Rezone - 1120 S Koeller St
4/8/2025 25-162 ORDINANCE
SECOND READING
3/25/2025 25-138 ORDINANCE
FIRST READING
CARRIED 6-0
PURPOSE: APPROVE ZONE CHANGE FROM SUBURBAN MIXED-USE DISTRICT (SMU) TO SUBURBAN MIXED-USE
DISTRICT WITH A PLANNED DEVELOPMENT OVERLAY AT 1120 SOUTH KOELLER STREET
INITIATED BY : MILBREW HOLDINGS
PLAN COMMISSION RECOMMENDATION: Approved
A GENERAL ORDINANCE OF THE CITY OF OSHKOSH AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF
OSHKOSH, AS ADOPTED BY SECTION 30-32 OF THE OSHKOSH MUNICIPAL CODE.
The Common Council of the City of Oshkosh does ordain as follows:
SECTION 1. That the Official Zoning Map of the City of Oshkosh, as adopted by Section 30-32 of the
Oshkosh Municipal Code, is hereby amended to change the district of the property located at 1120 South
Koeller Street from Suburban Mixed-Use District (SMU) to Suburban Mixed-Use District with a Planned
Development Overlay (SMU-PD). The subject property, 1120 South Koeller Street, is more particularly
described as follows:
PARCEL A:
LOT 1, CERTIFIED SURVEY MAP 116, RECORDED IN VOLUME 1 OF CERTIFIED SURVEY MAPS, PAGE 116, AS
DOCUMENT NO. 469763, LOCATED IN THE NORTHWEST ¼ OF THE NORTHWEST ¼ SECTION 27, TOWNSHIP 18
NORTH, RANGE 16 EAST, IN THE CITY OF OSHKOSH, WINNEBAGO COUNTY, WISCONSIN.
EXCEPT THAT PORTION CONVEYED TO THE STATE OF WISCONSIN, DEPARTMENT OF TRANSPORTATION
CONTAINED IN WARRANTY DEED RECORDED NOVEMBER 23, 2009, AS DOCUMENT NO. 1525075.
PARCEL B:
SUBJECT TO AND TOGETHER WITH AN EASEMENT FOR INGRESS, EGRESS, AND PARKING FOR RECIPROCAL
ACCESS AND PARKING EASEMENT AGREEMENT RECORDED OCTOBER 12, 2012, AS DOCUMENT NO. 1617962
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 #25-162
APPROVE ZONE CHANGE FROM SUBURBAN MIXED USE DISTRICT (SMU) TO SUBURBAN MIXED USE DISTRICT WITH
A PLANNED DEVELOPMENT OVERLAY (SMU-PD) AT 1120 SOUTH KOELLER STREET (A GENERAL ORDINANCE OF
THE CITY OF OSHKOSH AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF OSHKOSH, AS ADOPTED BY
SECTION 30-32 OF THE OSHKOSH MUNICIPAL CODE) on April 8, 2025. This ordinance changes the zoning of the
property located at 1120 South Koeller Street from Suburban Mixed-Use District (SMU) to Suburban Mixed-Use
District with a Planned Development Overlay (SMU-PD). The full text of the Ordinance may be obtained at
the Office of the City Clerk, 215 Church Avenue and on the City's website at www.oshkoshwi.gov. Clerk's
phone: (920) 236-5011.
ITEM: PUBLIC HEARING: ZONE CHANGE FROM SUBURBAN MIXED USE
DISTRICT (SMU) TO SUBURBAN MIXED USE DISTRICT WITH A
PLANNED DEVELOPMENT OVERLAY (SMU-PD) AND APPROVAL OF A
GENERAL DEVELOPMENT PLAN AND SPECIFIC IMPLEMENTATION
PLAN FOR A DRIVE-THROUGH COFFEE SHOP AT 1120 SOUTH KOELLER
STREET
Plan Commission Meeting of March, 18 2025
GENERAL INFORMATION
Owner/Applicant: MilBrew Holdings
Action(s) Requested:
The applicant requests a zone change from the existing Suburban Mixed Use District (SMU) to
Suburban Mixed Use District with a Planned Development Overlay (SMU-PD). The applicant also
requests approval of a General Development Plan and Specific Implementation Plan for a drive
through-coffee shop.
Applicable Ordinance Provisions:
Zoning map amendment standards are found in Section 30-381 of the Zoning Ordinance. Planned
Development standards are found in Section 30-387 of the Zoning Ordinance.
Property Location and Background Information:
The subject site is a 0.25-acre property located along South Koeller Street, south of West 9th
Avenue. The site has an existing restaurant building (Pizza Hut) and associated parking stalls.
The surrounding area consists of commercial uses. The 2040 Comprehensive Land Use Plan
recommends Interstate Commercial use for the subject site.
Subject Site
Existing Land Use Zoning
Commercial SMU
Adjacent Land Use and Zoning
Existing Uses Zoning
North Commercial SMU
South Commercial SMU-PD
East Commercial SMU
West Interstate-41 SMU
Comprehensive Plan
Comprehensive Plan Land Use Recommendation Land Use
2040 Land Use Recommendation Interstate Commercial
ANALYSIS
Zone Change
The applicant is requesting a zone change from the existing Suburban Mixed Use District (SMU)
designation to Suburban Mixed Use District with a Planned Development Overlay (SMU-PD) for
the subject property. The requested Planned Development Overlay designation is intended to
allow for flexibility in the zoning ordinance to accommodate redevelopment of the property. The
applicant has submitted plans for a drive-through coffee shop, which will be addressed as a
General Development Plan (GDP) and Specific Implementation Plan (SIP) review to follow. Staff
is supportive of the proposed rezone as it will assist redevelopment of the relatively small
commercial property.
Use
The applicant is proposing to demolish the existing building and parking lot on the subject site
for development of a 530 sq. ft. drive-through coffee shop (7 Brew) with two-lane drive-through.
The proposed drive-through coffee shop use is permitted in the SMU District. There will be no
inside seating for the general public as only employees are allowed inside the building.
Rezone to SMU-PD
Site Design
Site Plan
The proposed development will be accessed from a shared parking lot with driveway accesses to
the north and south of the site. The applicant has provided an easement document and stated that
they have the ability to access the site from the existing shared parking lot.
The applicant is requesting Base Standard Modifications (BSM) for reduced front, side, and rear
yard setbacks. As proposed, the drive-through lanes will extend into the front yard to within 13.6’
of the South Koeller Street right-of-way line, where code requires a 25’ front yard setback and will
have 0’ side and rear yard pavement setbacks, where code requires 5’ side and rear yard
pavement setbacks.
A Plan Commission workshop was held on December 3, 2024, with Plan Commission voicing
support for the proposed use. They recommended increased landscaping to offset the reduced
setbacks and to provide screening from the drive-through lane headlights.
Staff does not have concerns with the setback reductions as the limited available space on the site
does not make it feasible to meet setback requirements. The reduced front yard setback of 13.6’ is
consistent with front setbacks on neighboring sites (approximately 14’ for property to the south
and 8.5’ for property to the north). The 0’ side and rear yard setbacks are consistent with the 0’
setbacks for the existing site, abutting shared parking area. The reduced side and rear yard
setbacks are also needed to maintain sufficient front yard setback to install appropriate landscape
buffering from the public right-of-way.
Required Provided
Front Setback (west) 25 ft. min. 13.6 ft. (pavement)
Side Setback (north) 5 ft. min. 0 ft. (pavement)
Side Setback (south) 5 ft. min. 0 ft. (pavement)
Rear Setback (east) 5 ft. min. 0 ft. (pavement)
Parking Min. 2 spaces
Max. 25 spaces 0 spaces
Impervious Surface 70% max. 78.1%
Code requires a minimum of 1 parking space per 300 sq. ft. of gross floor area for restaurant uses.
The applicant is requesting a BSM to allow 0 parking spaces on-site, where code requires 2
parking spaces. Staff is supportive of the parking reduction due to the limited available space on
the property. The applicant has access to shared parking stalls in the expansive adjoining parking
lot and minimal parking is needed for the site as 4-12 employees are anticipated per shift and the
service is drive-through only, with no indoor service available to customers. The applicant has
stated that 29 stalls inside of the reciprocal access/parking easement are within 100’ of the
building entrance and these stalls are some of the farthest away from the entrance of Hobby
Lobby.
Establishments servicing food or drink have drive-through stacking length requirements of 100 ft.
in front of each order station, 55 ft. between the order station and pick-up window, and 25 ft. after
the pick-up window. The applicant states that orders are taken via tablets in the drive-through
lanes and employees then serve customers on the south side of the building. The proposed site
plan is compliant with drive-through stacking requirements.
The total proposed impervious surface area for the site exceeds the maximum of 70% for the SMU
District. Staff is supportive of the increased impervious surface ratio due to the relatively small
size of the lot, which make it difficult for even a minimally sized commercial development to be
within the 70% maximum.
The applicant is requesting a reduction of bicycle parking from the code requirement of 4 spaces
to 2 spaces. The applicant notes that due to the circulation of the drive-through and provided
landscape area, there is limited space on the site to provide the required bicycle parking. Staff
does not have concerns with the bicycle parking reduction as the site is vehicle-oriented with a
relatively low number of employees.
Signage
The building elevations show wall signage on the front and side facades. Wall signage will be
limited to a maximum of 1 sq. ft. per linear foot of building frontage per the sign ordinance, with
each business within the SMU District permitted at least 50 sq. ft. of wall signage regardless of the
length of building façade. The proposed signage meets this requirement. Signage will be
addressed under a separate building permit.
Lighting
The provided photometric plan meets minimum lighting levels of 0.4 fc for parking/drive areas.
Lighting levels along the public right-of-way are under the maximum of 1.0 fc, but exceed the
maximum of 0.5 fc along the north, south, and east property lines. The applicant is requesting a
BSM to allow increased lighting to 0.9 fc along the north and south property lines and 1.7 fc along
the east property line. Staff does not have concerns with the increased lighting level along the
these property lines as it is abutting shared parking/drive areas. Light fixtures will be full cutoff
fixtures mounted at 18’, which is under the maximum fixture height of 23’ (including 3’ high
base) in the SMU District.
Storm Water Management
The applicant has been in contact with the Department of Public Works regarding storm water
management for the site. Final storm water management plans will be reviewed during the Site
Plan Review process.
Landscaping
Landscaping is required for building foundations, paved areas, street frontage, and yards.
Landscape Plan
Building Foundation
Code requires a minimum of 40 landscaping points per 100 linear feet of building foundation. The
applicant is providing the required number of points, however the plantings will not be located
within 10’ of the building foundation, as required by code. According to the applicant, it is not
possible to plant landscaping around the principal building due to operational requirements for
the drive-through and walkways. Staff is supportive of the proposed BSM due to the site
limitations and unique use of the building, which requires employee walkways and pavement
around the building. The applicant has provided the required points near the refuse enclosure
and cooler.
Paved Area
The paved area requirement of 50 landscaping points per 10 parking stalls or 10,000 sq. ft. of
paved area is being met. The plan is also meeting the requirement that 30% of all points will be
devoted to tall trees and 40% will be devoted to shrubs.
Street Frontage
Code requires 100 points per 100 feet of street frontage. The landscaping ordinance also specifies
that 50% of the required points must be devoted to medium trees. The landscaping plan is
meeting these requirements.
Yards
Code requires 20 landscaping points per 1,000 sq. ft. of gross floor area. The provided yard
landscaping points meet this requirement.
The plan provides almost triple the required total landscaping points. The applicant has also
increased the planting size of arborvitae trees on the street side of the drive lanes, from the
minimum 4’ height to 6’. The increased landscaping points and planting size serves to offset
requested BSMs and the larger planting size provides increased buffering of headlights from the
public right-of-way.
Building Facades
Commercial building design standards require facades to consist of at least 50% Class I materials.
The specific elevations breakdown is as follows:
Required Class I Provided Class I Provided Class I including
Nichiha Fiber Cement
North (side) 50% 10% 88%
South (side) 50% 22% 85%
East (rear) 50% 0% 85%
West (front) 50% 26% 81%
The applicant is requesting a BSM to allow Nichiha fiber cement siding as a Class I material to
meet the 50% Class I requirement on each facade. The proposed fiber cement siding is considered
a Class III material.
Although Nichiha fiber cement is considered a class III material, staff feels that Nichiha fiber
cement is a high quality, durable material, that is comparable with other class I materials. The
Nichiha fiber cement will provide a brick-like appearance for the proposed building, which will
be compatible with building facades of the neighboring commercial uses along South Koeller
Street.
The proposed cooler and refuse enclosures to the north of the building will also be constructed of
Nichiha fiber cement to match the building.
FINDINGS/RECOMMENDATION/CONDITIONS
In its review and recommendation to the Common Council on an application for a Zoning Map
amendment, staff recommends the Plan Commission make the following findings based on the
criteria established by Chapter 30-381 (D)(2):
(a) Advances the purposes of this Chapter as outlined in Section 30-03 because the
proposed Planned Development Overlay will allow for further review of
development on the site.
(b) Is in harmony with the Comprehensive Plan because the underlying zoning
designation (SMU) is consistent with the 2040 Comprehensive Land Use Plan
designation of Interstate Commercial.
(c) Maintains the desired overall consistency of land uses, land use intensities, and
land use impacts within the pertinent zoning districts because the SMU zoning
designation is consistent the zoning of neighboring properties.
(d) Addresses any of the following factors that are not properly addressed on the
current Official Zoning Map:
(ii) Factors have changed (such as new data, infrastructure, market conditions,
development, annexation, or other zoning changes), making the subject
property more appropriate for a different zoning district. A redevelopment
has been proposed for the site that may need relief from the performance
standards of the current zoning ordinance.
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 because the proposed drive-through coffee shop use is consistent
with the SMU zoning designation and Interstate Commercial 2040 Comprehensive Land
Use Plan designation.
(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 because the proposed commercial use is consistent with neighboring
commercial uses along South Koeller Street.
(g) The proposed architecture and character of the proposed Planned Development project
is compatible with adjacent/nearby development because the drive-through service site
design is consistent with drive-through service sites in the surrounding area and the brick-
like appearance of the building exterior will be consistent with the appearance of other
commercial buildings along South Koeller Street.
(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 because increased landscaping points and increased planting size will be
provided to compensate for BSM requests.
Staff recommends approval of the zone change, General Development Plan, and Specific
Implementation Plan with the findings listed above and the following conditions:
1. Base Standard Modification (BSM) to allow reduced front yard setback to 13.6 ft.
2. BSM to allow reduced rear yard setback to 0’.
3. BSM to allow reduced side yard setback to 0’.
4. BSM to allow reduced off-street parking to 0 parking spaces.
5. BSM to allow reduced bicycle parking to 2 bicycle parking spaces.
6. BSM to allow increased impervious surface ratio to 78.1%.
7. BSM to allow increased lighting level to 0.9 fc at the north and south property lines, and
1.7 fc at the east property line.
8. BSM to allow reduced building foundation landscaping to 0 landscaping points.
9. BSM to allow fiber cement siding (Nichiha) as a Class I building material.
10. Final landscaping, lighting, and signage plans shall be reviewed and approved by the
Department of Community Development.
The Plan Commission recommended approval of the requested zone change on March 18, 2025.
The following is Plan Commission’s discussion on the item.
Site Inspections Report: Mr. Bowen, Ms. Propp, Mr. Rucker, Mr. Loewenstein and Mr. Kiefer
reported visiting the site reported visiting the site.
Staff report accepted as part of the record.
Mr. Slusarek presented the items and reviewed the site and surrounding area as well as the land
use and zoning classifications in this area. Staff recommends approval of the zone change,
General Development Plan, and Specific Implementation Plan with the finding and conditions
listed in the staff report.
Mr. Kiefer opened up technical questions to staff.
Mr. Rucker asked about future changes to improve the flow of traffic in the area.
Mr. Slusarek stated whenever the parking lot is replaced, staff can work with the applicant on
that.
Mr. Kiefer opened the public hearing and asked if the applicant wanted to make any statements.
Eric Drazkowski, a Civil Engineer with Excel Engineering at 100 Camelot Drive in Fond du Lac,
made himself available for questions.
Ms. Propp asked if there is an entrance located nearby, off South Koeller Street.
Mr. Drazkowski stated the nearest entrance is south of Potbelly’s Sandwich Shop.
Mr. Kiefer asked if any members of the public wished to speak. There were none.
Mr. Kiefer closed the public hearing.
There was no closing statement from the applicant.
Motion by Davey to adopt the findings and recommendation as stated in the staff report.
Seconded by Belville.
Mr. Kiefer asked if there was any discussion on the motion.
Mr. Loewenstein asked what the area would look like when complete. He had concerns about the
visibility of the building, because of the arborvitae along South Koeller Street.
Mr. Slusarek stated the arborvitae are necessary because of the headlights.
Mr. Belville spoke in support of the project and mentioned the workshop that was held in
December 2024. He discussed the Taco Johns on the corner of Witzel Avenue and North Sawyer
Street, which has arborvitae, and how you can still see the building.
Motion carried 6-0; 1 present (Bowen).
Page 11
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PROPOSED COFFEE SHOP
530 S.F.
CIVIL F.F.= 774.10
ARCH F.F.= 100'-0"
PROPOSED COOLER
250 S.F.
CIVIL F.F. = 774.10
ARCH F.F.= 100'-0"
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SHEET NUMBER
PROJECT INFORMATION
PROFESSIONAL SEAL
JOB NUMBER
240316900
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REVISIONS
C1.1A
CIVIL SITE PLAN
FEB. 26, 2025
20'0 20'40'
SCALE: 1"= 20' NORTH
SITE INFORMATION:
PROPERTY AREA: 10,890 S.F. (0.25 ACRES).
PROPERTY TAX KEY: 1308480300
EXISTING ZONING: SUBURBAN MIXED USE
PROPOSED ZONING: SUBURBAN MIXED USE PLANNED DEVELOPMENT
PROPOSED USE: RESTAURANT W/ DRIVE THRU
DISTURBED AREA: 10,890 S.F. (0.25 ACRES0
SETBACKS:
BUILDING: FRONT(WEST) = 25'
SIDE(NORTH/SOUTH) = 10'
REAR(EAST) = 25'
PAVEMENT:FRONT(WEST) = 25'
SIDE(NORTH/SOUTH) = 10'
REAR(EAST) = 25'
BUFFERYARD: FRONT(WEST) = 5'
SIDE(NORTH/SOUTH) = 5'
REAR(EAST) = 5'
PROPOSED BUILDING HEIGHT: 19.83' (MAX. HEIGHT ALLOWED: 45')
BICYCLE PARKING REQUIRED: 4 SPACES (2 PROVIDED)
PARKING REQUIRED: 1 SPACE PER 300 S.F. (3 SPACES REQ.)
PARKING PROVIDED: RECIPROCAL PARKING AGREEMENT WITH OWERALL DEVELOPMENT
HANDICAP STALLS REQUIRED: 1, HANDICAP STALLS PROVIDED: 1
DRIVE-THRU QUEUING: 14 QUEUING SPOTS PROVIDED
NO HAZARDOUS MATERIALS WILL BE STORED ON SITE.
EXISTING SITE DATA
AREA (AC)AREA (SF)RATIO
BUILDING FLOOR AREA 0.06 2,737 25.1%
PAVEMENT (ASP. & CONC.)0.11 4,798 44.0%
TOTAL IMPERVIOUS 0.17 7,535 69.2%
LANDSCAPE/ OPEN SPACE 0.08 3,359 30.8%
PROJECT SITE 0.25 10,894 100.0%
PROPOSED SITE DATA
AREA (AC)AREA (SF)RATIO
BUILDING FLOOR AREA 0.02 780 7.2%
PAVEMENT (ASP. & CONC.)0.18 7,728 70.9%
TOTAL IMPERVIOUS 0.20 8,508 78.1%
LANDSCAPE/ OPEN SPACE 0.05 2,386 21.9%
PROJECT SITE 0.25 10,894 100.0%
KEYNOTES
CONCRETE STOOP (SEE STRUCTURAL PLANS FOR DETAILS)
RAISED WALK (SEE DETAIL)
FLUSH WALK (SEE DETAIL)
CURB RAMP (SEE DETAIL)
18" CURB & GUTTER (SEE DETAIL)
CURB TAPER (SEE DETAIL)
HANDICAP SIGN PER STATE CODE (SEE DETAIL)
HANDICAP STALL & STRIPING PER STATE CODES
DUMPSTER ENCLOSURE (SEE ARCH PLANS FOR DETAILS)
6" CONCRETE BOLLARDS (TYP.) (SEE ARCH PLANS FOR DETAILS)
BIKE RACK (TYP.) (TYPE & COLOR BY OWNER)
DETECTABLE WARNING PLATE PER STATE CODE
PICNIC TABLE (DETAILS BY SUPPLIER)
PAINT STRIPING (TYP). FINAL COLOR BY OWNER
OSHKOSH ROW CONCRETE AND CURB AND GUTTER. REPLACE TO MATCH EXISTING
SECTION. INSTALL PER CITY STANDARDS.
APPROXIMATE AREA OF SNOW REMOVAL. (EXISTING REA ALLOWS OFFSITE)
1
2
3
5
7
9
12
13
16
17
20
21
22
23
24
25
LEGEND:
HATCH PAVEMENT SECTION
HEAVY DUTY ASPHALT
SIDEWALK CONCRETE
DUMPSTER PAD / APRON
CONCRETE
CITY OF OSHKOSH ROW
CONCRETE
GENERAL NOTES:
·CONTRACTOR TO CONTACT THE CITY OF OSHKOSH WATER
DISTRIBUTION UTILITY AT 232-5330 AT LEAST 7 DAYS PRIOR TO ANY
WORK INVOLVING THE PUBLIC WATER MAIN (INCLUDING LATERAL
CONNECTIONS)
·ALL EROSION CONTROL MEASURES SHOULD BE IMPLEMENTED AND
CONSTRUCTED IN ACCORDANCE WITH WISCONSIN DNR TECHNICAL
STANDARDS
·ALL WORK PERFORMED WIHTIN THE ROW OR ANY EASEMENTS
CONFORMS TO CITY OF OSHKOSH SPECIFICATIONS
·USE 3M SCOTCHMARK MODEL 1404-XR WASTEWATER AND 1408-XR
MARKER BALLS OR EQUAL TO PROVIDE LOCATION OF THE SANITARY
NAD STORM LATERALS. ONE BALL SHALL BE PROVIDED AT THE
CONNECTION TO THE MAIN, ONE BALL 2' OFF THE ROW INTO THE
ROW, AND ONE BALL AT ALL HORIZONTAL AND VERTICAL BENDS.
MAXIMUM DEPTH OF BURY OF THE MARKER BALL IS 5 FEET.
·ALL TRUCKS SHALL TAKE THE SHORTEST ROUTE TO THE NEAREST
TRUCK ROUTE. THE CITY ENGINEERING DEPARTMENT MAY APPROVE
AN ALTERNATE ROUTE UPON REQUEST.
PD BASE STANDARD MODIFICATIONS:
·SECTION 30-52(G) - SETBACKS
·SECTION 30-175(Q)(1)(a) - BICYCLE PARKING
·SECTION 30-253(A)(3)-BUILDING FOUNDATION PLANTING LOCATIONS
·USE OF NICHIHA AS CLASS I BUILDING MATERIAL
·TOTAL IMPERVIOUS AREA EXCEEDING 70%
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REZONE.GDP.SIP
1120 S. KOELLER ST.
PC: 3-18-2025
PARVATI OSH REALTY LLC
16625 POWELLS COVE BLVD
APT 12E
FLUSHING NY 11357-1518
1120 KOELLER LLC
C/O PH HOSPITALITY GROUP
1120 S KOELLER ST
OSHKOSH WI 54904-6171
1028 N 14 ST SHEBOYGAN LLC
ATTN: 404 S KOELLER ST LLC
691 S GREEN BAY RD #208
NEENAH WI 54956-3153
K F INVESTMENTS LLC
288 E JOHNSON ST
FOND DU LAC WI 54935-3632
KOELLER ONE LLC
C/O LIVESEY CO LLC
2248 DEMING WAY # 200
MIDDLETON WI 53562-5509
Page 20
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Page 21
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J:\GIS\Planning\Plan Commission Site Plan Map Template\2023 Plan Commission Site Plan Map Template.mxd User: katrinam
Prepared by: City of Oshkosh, WI
Printing Date: 2/21/2025
1 in = 500 ft
1 in = 0.09 mi¯1120 S. KOELLER ST.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
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1 in = 0.02 mi¯1120 S. KOELLER ST.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 :Jim Collins, Director of Transportation
D A TE :D A T E :April 08, 2025
SUB JEC T:SUB JEC T :Ord 25-163 Amend Various Provisions of Chapter 27 and 27A of the City of Oshkosh Municipal
Code Pertaining to Parking Regulations and Enforcement to Allow for Utilization of an
Application-Based Parking Management System; Update and Remove Outdated References
and Terminology; and Allocate Parking Enforcement Authority Between the City of Oshkosh
and the University of Wisconsin - Oshkosh
B A C KGRO UN DBACKGROUND
Council and staff have heard requests from the public to simplify and modernize parking management.
In response, the city has taken a major step forward by partnering with Passport, a technology leader in
parking management, including payment and compliance. By adopting Passport's innovative platform,
the city aims to streamline its parking permit and enforcement systems, creating a more efficient and
user-friendly experience for all.
Additionally, the city entered into an agreement with the University of Wisconsin -- Oshkosh (UWO) in 2004
which allowed UWO to install pay and display parking payment machines on High Avenue and Osceola
Street. The agreement also allowed UWO to enforce parking in those on-street areas which was
incorporated into the city's municipal code. UWO paid the city 25% of the paid parking revenue and
kept the rest plus any enforcement revenue. These on-street paid parking management machines in the
UWO area have been abandoned as UWO went to an app-based system.
A N A L Y SI SANALYSIS
Through Passport's secure online system, users can easily apply for, purchase and manage their parking
permits digitally, eliminating the need for in-person visits and paper-based systems. The system will
provide residents a more seamless experience when navigating the city's parking network. The city will
also gain access to robust tools which will allow for greater efficiency and management. The new
system will integrate license plate readers for parking enforcement as well. The base fees for overnight
street parking as well as monthly and annual parking lot permits are not changing at this time. A slight
increase in the base fee for a daily lot permit will be proposed in a separate resolution. The city is getting
closer to launching this system. In conjunction with this software launch, there are many updates in the
city's municipal code regarding parking management and enforcement that need to be updated. This
is a good opportunity to delete obsolete areas (references to parking meters for example) and update
the code to reference the web and mobile based parking management.
These changes to Chapter 27 and 27A of the Municipal Code are necessary to successfully launch the
application-based parking management system.
With the launch of this new parking management system, it is logical that the city has one user
experience for all city parkers. The city also now employs Parking Control Officers in addition to
Community Service and Patrol Officers who are fully capable of enforcing the paid on-street parking in
the UWO area. Therefore; it no longer makes sense for the University to collect paid on-street parking
revenue and enforce those areas. The city will continue to authorize UWO to enforce 15- and 60-minute
paid parking areas on Algoma Boulevard in the campus area as in these shorter timed areas the UWO
police are able to make more frequent patrols and respond to calls for service more efficiently. The
ordinance is updated to allow for this enforcement, require UWO to use parking fine amounts that the
city approves, and to require UWO to process their own tickets and appeals (which has been the
practice but was not formally codified previously).
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 recommends that the changes to the ordinances and policies regarding
parking management be updated as needed.
FI SC A L I M P A CTFISCAL I M P A C T
There is minimal cost to the city to implement the application-based system. The city will pay a $1500
implementation fee. Users will pay a fee of $0.37 per transaction. The city will pay a Merchant Service
fee of 2.9% plus $0.25 and a Payment Gateway fee of $.05. The Merchant Service and Payment
Gateway fees are pretty standard and allow the vendor to handle credit card transactions along with all
the necessary security that goes along with this.
By taking over the paid on-street parking in the UWO area, the city will receive about $40,000 a year
based on current usage. The city will also receive the enforcement revenue. That amount is one variable
and unknown at this time.
REC O M M E N D A TI ONRECOMMENDATION
Staff recommonds approval.
A t t a chment sAttachments
ORD 25-163
Chapter 27 Parking Provisions_clean_REVISED
Chapter 27 Parking Provisions_redline_REVISED
4/8/2025 25-163 ORDINANCE
SECOND READING
3/25/2025 25-139 ORDINANCE
FIRST READING
CARRIED 6-0
PURPOSE: AMEND VARIOUS PROVISIONS OF CHAPTER 27 AND 27A OF THE CITY OF OSHKOSH MUNICIPAL CODE
PERTAINING TO PARKING REGULATIONS AND ENFORCEMENT TO ALLOW FOR UTILIZATION OF AN APPLICATION
BASED PARKING MANAGEMENT SYSTEM; UPDATE AND REMOVE OUTDATED REFERENCES AND TERMINOLOGY;
AND ALLOCATE PARKING ENFORCEMENT AUTHORITY BETWEEN THE CITY OF OSHKOSH AND THE UNIVERSITY OF
WISCONSIN - OSHKOSH
INITIATED BY : CITY ADMINISTRATION
A GENERAL ORDINANCE OF THE CITY OF OSHKOSH AMENDING SECTIONS 27-1 AND ARTICLES IV THROUGH VII
OF CHAPTER 27 AND SECTION 27 (A-11) (HIGH AVENUE AND OSCEOLA PAY AND DISPLAY STATIONS) OF THE
CITY OF OSHKOSH MUNICIPAL CODE PERTAINING TO PARKING REGULATIONS AND ENFORCEMENT TO ALLOW
FOR UTILIZATION OF AN APPLICATION BASED PARKING MANAGEMENT SYSTEM; UPDATE AND REMOVE
OUTDATED REFERENCES AND TERMINOLOGY; AND ALLOCATE PARKING ENFORCEMENT AUTHORITY BETWEEN
THE CITY OF OSHKOSH AND THE UNIVERSITY OF WISCONSIN - OSHKOSH
WHEREAS, the City of Oshkosh has purchased and is transitioning to an application based parking
management system for parking lots and on street parking applications; and
WHEREAS, in connection with this transition staff has reviewed the ordinance and is making additional
recommendations to update outdated references and terminology and to update the allocation of
enforcement responsibility for on-street parking areas within the area within and surrounding the University of
Wisconsin – Oshkosh.
NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of Oshkosh as follows:
SECTION 1. That Section 27-1 and Articles IV through VII of the City of Oshkosh Municipal Code are hereby
repealed and recreated to read as shown on the attachment to this Ordinance.
SECTION 2. That Section 27A-11 of the Oshkosh Municipal Code is hereby amended as follows:
HIGH AVENUE
To remove:
Pay and display, west side, from 39 feet north of Rockwell Avenue to Woodland Avenue, between the hours
of 6:00 a.m. and 10:00 p.m. daily, except on Sundays and holidays.
Pay and display, west side, from 105 feet north of Woodland Avenue to Vine Avenue, between the hours of
6:00 a.m. and 10:00 p.m. daily, except on Sundays and holidays.
To add:
Paid parking through City’s Application Based Parking Management System, west side, from 39 feet north of
Rockwell Avenue to Woodland Avenue, between the hours of 6:00 a.m. and 10:00 p.m. daily, except on
Sundays and holidays.
Paid parking through City’s Application Based Parking Management System, west side, from 105 feet north of
Woodland Avenue to Vine Avenue, between the hours of 6:00 a.m. and 10:00 p.m. daily, except on Sundays
and holidays.
OSCEOLA STREET
OSCEOLA STREET
To remove:
Pay and display, west side, from Algoma Boulevard to Pearl Avenue, between the hours of 6:00 a.m. and
10:00 p.m. daily, except on Sundays and holidays.
To add:
Paid parking through City’s Application Based Parking Management System, west side, from Algoma
Boulevard to Pearl Avenue, between the hours of 6:00 a.m. and 10:00 p.m. daily, except on Sundays and
holidays.
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 #25-163
AMEND VARIOUS PROVISIONS OF CHAPTER 27 AND 27A OF THE CITY OF OSHKOSH MUNICIPAL CODE
PERTAINING TO PARKING REGULATIONS AND ENFORCEMENT TO ALLOW FOR UTILIZATION OF AN APPLICATION
BASED PARKING MANAGEMENT SYSTEM; UPDATE AND REMOVE OUTDATED REFERENCES AND TERMINOLOGY;
AND ALLOCATE PARKING ENFORCEMENT AUTHORITY BETWEEN THE CITY OF OSHKOSH AND THE UNIVERSITY OF
WISCONSIN – OSHKOSH (A GENERAL ORDINANCE OF THE CITY OF OSHKOSH AMENDING SECTIONS 27-1 AND
ARTICLES IV THROUGH VII OF CHAPTER 27 AND SECTION 27 (A-11) (HIGH AVENUE AND OSCEOLA PAY AND
DISPLAY STATIONS) OF THE CITY OF OSHKOSH MUNICIPAL CODE PERTAINING TO PARKING REGULATIONS AND
ENFORCEMENT TO ALLOW FOR UTILIZATION OF AN APPLICATION BASED PARKING MANAGEMENT SYSTEM;
UPDATE AND REMOVE OUTDATED REFERENCES AND TERMINOLOGY; AND ALLOCATE PARKING ENFORCEMENT
AUTHORITY BETWEEN THE CITY OF OSHKOSH AND THE UNIVERSITY OF WISCONSIN – OSHKOSH) on April 8, 2025,
amends various provisions of the city’s parking ordinances to allow the city to use an application based
parking management system for parking related functions including application for permits and payment of
timed parking permissions; updates and removes outdated references and terminology within the code; and
allocates parking enforcement authority between the City of Oshkosh and the University of Wisconsin -
Oshkosh on public streets within the area of the University of Wisconsin – Oshkosh.
The full text of the ordinance may be obtained at the Office of the City Clerk, 215 Church Avenue and
through the City’s website at www.oshkoshwi.gov Clerk’s phone: 920/236-5011.
CHAPTER 27
VEHICLES AND TRAFFIC
SECTIONS 27-1 DEFINITIONS
For the purposes of this chapter, the following definitions are used.
(1) Application Based Parking Management System: A parking management system
where a person applies for and obtains a digital permit for parking a vehicle within
a designated area through an authorized web-based, mobile or other application
system.
(2) Holidays: Includes New Year’s Day (January 1), Memorial Day (the last Monday in
May), Independence Day (July 4), Labor Day (the first Monday in September),
Thanksgiving Day (the fourth Thursday in November), and Christmas Day
(December 25).
(3) Passenger loading zone: That portion of any street or parking facility clearly marked
with a sign informing the public that the use of such area is limited to the loading or
unloading of passengers.
(4) Truck loading zone: That portion of any street or parking facility clearly marked
with a sign informing the public that the use of such area is limited to the loading or
unloading of merchandise by truck to/from commercial properties.
(5) University Parking Area: An area bounded by and including these streets:
beginning on Jackson Street at the Fox River to Church Avenue, east on Church
Avenue to Franklin Street, north on Franklin Street to West Parkway Avenue, east
on Parkway Avenue to Division Street, north on Division Street to Scott Avenue,
west on Scott Avenue to Central Street, north on Central to Prospect Avenue, west
on Prospect Avenue to Merrill Street, north on Merrill Street to New York Avenue,
west on New York Avenue to Jackson Street, north on Jackson Street to Congress
Avenue, west on Congress Avenue to the Fox River, including both sides of the
streets named.
ARTICLE IV. GENERAL PARKING RESTRICTIONS
SECTION 27-20 AUTHORIZE "TRAFFIC OFFICERS"
(A) For the purposes of this Chapter, duly appointed Community Service Officers and Parking
Control Officers are hereby designated as "Traffic Officers" within the meaning of Sections
340.01(70) and 349.13 of the Wisconsin Statutes and are hereby authorized to issue citations
for all non-moving traffic violations included in Articles III-VII of this Chapter.
(B) Duly appointed Campus Police and Security Officers are designated as “traffic officers”
within the meaning of Sections 340.01(70) and 349.13 of the Wisconsin Statutes and are
authorized to issue University of Wisconsin – Oshkosh citations for all non-moving
violations for purposes of enforcing the following sections of this code:
(1) Designated 15-minute parking areas, east side of Algoma Boulevard, as designated
between Elmwood Avenue and Woodland Avenue, under Section 27 (A-11) of this
code.
(2) Designated 15-minute parking areas, west side of Elmwood Avenue, as designated
between Amherst Avenue and Irving Avenue, under Section 27 (A-11) of the code.
(3) Designated 60-minute parking, east side from 895 to 1058 feet North of Elmwood
Avenue
(C) For purposes of enforcing Section 27-30 of this code, specifically the provisions regarding
fire lanes, Officers within the Oshkosh Fire Department are designated as “traffic officers”
within the meaning of Sections 340.01(70) and 349.13 of the Wisconsin Statutes and are
authorized to issue parking tickets and citations for all non-moving violations related to
Section 27-30 as heretofore outlined.
SECTION 27-21 RESPONSIBILITY OF OWNER
If any vehicle is found upon a street, alley, highway, park or other public grounds of the City in
violation of any provision of this Chapter, or any ordinance of this City, regulating the stopping,
or standing or parking of vehicles, and the identity of the driver cannot readily be determined,
the owner, or person in whose name such vehicle is registered, shall be presumed liable for such
violation. This presumption may be rebutted by sufficient evidence, including but not limited
to, the following:
(A) That a report that the vehicle was stolen was given to a traffic officer before the violation
occurred or within a reasonable time after the violation occurred.
(B) If the owner of the vehicle provides the name and address of the person operating the
vehicle or having the vehicle under his or her control at the time of the violation and
sufficient information for the officer to determine that probable cause does not exist to
believe that the owner of the vehicle was operating the vehicle at the time of the violation,
then the owner of the vehicle shall not be liable.
(C) If the vehicle is owned by a lessor of vehicles and at the time of the violation the vehicle
was in the possession of a lessee, and the lessor provides the name, address, telephone
number and pertinent driver’s license information for the issuance of the citation to the
lessor, then the lessee and not the lessor shall be liable.
(D) If the vehicle is owned by a dealer, as defined in Chapter 340 Wisconsin Statutes, and at
the time of the violation the vehicle was being operated by or was under the control of
any person on a trial run, and if the dealer provides the name, address, telephone number
and pertinent driver’s license information for the issuance of the citation to the person
operating the vehicle, then that person, and not the dealer, shall be liable.
SECTION 27-22 PARKING MANAGEMENT IN GENERAL – USE OF APPLICATION
BASED PARKING MANAGEMENT SYSTEMS, RATES AND FEES,
PARKING IN EXCESS OF PERMIT OR LIMITS AND SUSPENSION OF
PARKING PRIVILEGES, USE OF PARKING REVENUE
(A)Authorization. The Common Council may authorize the regulation, control, maintenance,
and use of an Application Based Parking Management System for public streets, municipal
parking lots or other public parking areas as may be further designated in Chapter 27A of
this Code. Signage shall be prominently placed in areas subject to control by an application
based system that identifies the application in use for the area, application access and/or
downloading information, and shall include the hours and days that parking restrictions
are in place.
(B)Establishment of Rates and Fees. The Common Council shall establish rates or fees for paid
parking within the public right-of-way or within municipal parking lots within the City of
Oshkosh Fee Schedule as adopted by Council resolution.
(C)Suspension of Fees or Parking Privilege. In the event of an emergency or approved special
event, the Common Council, City Manager, or Chief of Police may temporarily suspend
the collection of fees use or the enforcement of short term paid parking; or may temporarily
suspend parking in an area where short term parking is permitted by posting temporary
no parking signage.
(D)Overtime parking. A vehicle shall be considered as unlawfully parked if it remains in a
space within an area designated as short term paid parking beyond the time paid for or
beyond any legal parking limit.
(E)No refunds. The City will not issue refunds for unused time that was paid for through an
application based parking management system.
(F)Use of Parking Revenue for parking facilities. The net revenue resulting from areas
designated as short term paid parking, after the deduction of the cost of parking
applications, cost of collection, enforcement and administration, shall be placed in the
parking utility fund, the purpose of which fund shall be to make provisions for off street
parking lots; said fund to be used for said purpose as the Council may from time-to-time
direct. All earnings, upon investment of said fund, shall when received be and constitute
an addition to the fund. However, any advances made from the General Fund to provide
for street parking by lots purchased or other method of acquisition of parking sites,
pending the accumulation of sufficient receipts from the operation of the paid parking
systems herein authorized, shall be reimbursed out of the parking utility fund when
sufficient moneys accumulate therein.
SECTION 27-23 PARKING PROHIBITIONS ON DESIGNATED STREETS, ALLEYS
AND PARKING LOTS
No person shall at any time park an automobile or other vehicle, whether attended or
unattended, upon any designated street, avenue, boulevard or parts thereof which are
designated as "no parking" areas or contrary to any official sign installed by the city restricting
parking.
SECTION 27-23.1 PARKING PROHIBITED NEAR BUS STOPS
No person shall park a motor vehicle on any public street at any time within 50 feet of an
authorized bus stop sign.
SECTION 27-24 PARKING PROHIBITIONS - HEAVY TRAFFIC
(A) No person shall park heavy traffic vehicles as defined in Section 27-14 of this code, motor
busses, truck tractors, semi-trailers, trailers, panel trucks, delivery vehicles and/or any
other type of motor trucks designed, used or maintained primarily for the transportation
of property, whether attended or unattended, upon any street, avenue, boulevard or
other public right-of-way except those areas designated as truck routes.
(B) No person shall park heavy traffic vehicles as defined in Section 27-14 of this code, motor
busses, truck tractors, semi-trailers, trailers, panel trucks, delivery vehicles and/or any
other type of motor trucks designed, used or maintained primarily for the transportation
of property, whether attended or unattended, upon any street, avenue, boulevard or
other public right-of-way between the hours of 2:00 a.m. and 5:00 a.m.
(C) No person shall park or permit to be parked any heavy traffic vehicles as defined in
Section 27-14 of this code, motor busses, truck tractors, semi-trailers, trailers, panel trucks,
delivery vehicles and/or any other type of motor trucks designed, used or maintained
primarily for the transportation of property, on any property within the City of Oshkosh
which is zoned residential or contains a residential use as provided in Chapter 30 of this
municipal code.
(D) This section shall not be construed to prohibit heavy traffic vehicles as defined in Section
27-14 of this code, motor busses, truck tractors, semi-trailers, trailers, panel trucks,
delivery vehicles and/or any other type of motor trucks designed, used or maintained
primarily for the transportation of property, from using routed state trunk highways or
from using any street or highway for the purpose of obtaining orders for supplies or
moving or delivering supplies or commodities to or from any place of business or
residence which has an entrance on such street or highway.
SECTION 27-25 OVERTIME PARKING
It shall be unlawful for any person to park any vehicle in any municipal parking lot, right-of-
way or other municipally owned or operated parking area for a period of time in excess of the
maximum time fixed by ordinance and posted for that parking area.
It shall be unlawful for any person to deposit or cause to be deposited in a parking meter one (l)
or more coins or for any person to use pay and display for the purpose of extending the parking
time beyond the maximum time fixed by ordinance and posted for that parking area.
ARTICLE V. ON-STREET PARKING RESTRICTIONS
SECTION 27-26 ALL NIGHT PARKING PROHIBITED
(A)Regulations. No person shall permit any vehicle of any kind or description to be parked
on any public highway, or portion of street right-of-way, including but not limited to
terraces and sidewalks, in the City of Oshkosh between the hours of 2:00 a.m. and 5:00
a.m.
(B)Exceptions.
(1) The Police Department may grant permission to park a vehicle on the street or
within right-of-way on a temporary basis in unique or unusual circumstances,
such as in association with public or private construction or maintenance activities,
for accommodation of overnight guests, in cases of emergency where the operator
has become incapacitated or other similar circumstances. Permission under this
paragraph shall generally be limited to a maximum of 3 nights in any 30-day
period, except when a longer period is necessary for construction activities, and
shall be within the sole discretion of the Police Department.
(2) Vehicles with an overnight parking permit issued under Section 27-27 may be
parked between the hours of 2:00 a.m. and 5:00 a.m. in accordance with a permit
issued under that section. Vehicles with a special privilege permit shall be parked
as authorized by such permit and in compliance with all other parking rules and
regulations including, without limitation, rules governing the parking of vehicles
on streets, snow emergency regulations and section 27-28 below.
(3) Motor busses; truck tractors; semi-trailers; trailers; and motor trucks designed,
used or maintained primarily for the transportation of property; shall not be
eligible for special privilege parking permits.
SECTION 27-27 OVERNIGHT PARKING PERMITS FOR ON-STREET PARKING
(A) The City Manager may designate a Department to administer the Overnight Parking
Permit Program and the City may enter into an agreement with a third party to assist with
the administration of such program.
(B)Types of Permits Available. The following types of Overnight permits shall be valid for
the period issued and shall end at midnight of the last day of the permit period.
1) Monthly Permit. Monthly permits may be issued for any street within the corporate
limits where parking is allowed on both sides of the streets and shall be valid for thirty
(30) days from the date of issuance.
2) Annual Permit. Annual permits may be issued for any street within the corporate
limits where parking is allowed on both sides of the streets and shall be valid for three
hundred sixty-five (365) days, except in a leap year where it will be three hundred
sixty-six days (366).
3) 3-month Permit in University Parking Area. 3-month permits shall begin on the first
day of June and end at midnight on the last day of August and are valid only in the
University Parking Area.
4) 9-month Permit in University Parking Area. 9-month permits shall begin on the first
day of September and end at midnight on the last day of May and is valid only in the
University Parking Area.
(C)Application and Approval.
1) Persons desiring an overnight parking permit shall complete an application through
the city’s designated Application Based Parking Management System which shall
include the following information: the name, address and email address of the owner
of the vehicle, make, model and year of the vehicle, the license number, the dates and
street location for the permit requested.
2) Approvals are limited to streets that allow parking on both sides, and by the number
of parking spaces available on the requested street and the number of permits
previously issued for the time period requested.
(D)Permit. Digital permits will be issued through the Application Based Parking
Management System. The information associated with the permit shall include the
number of the permit, the name and address of the owner of the vehicle, the make, year
and license number of the vehicle, the location where the vehicle is to be parked, the
month of issue, and date of expiration.
(E)Fee. Fees for permits shall be adopted by resolution as part of the City of Oshkosh Fee
Schedule.
(F)Receipts to be placed in special fund. All moneys received from said permit fees shall be
placed in a separate fund for parking purposes.
(G) Revocation of Permits. The Police Department may revoke said permit pursuant to a
Policy for Revocation and Appeals adopted pursuant to this section if at any time the
owner fails to comply with any of the provisions of this ordinance.
SECTION 27-28 PARKING LOCATIONS FOR VEHICLES WITH OVERNIGHT PERMIT
OR PERMISSION
Any vehicles parked pursuant to the provisions of Sections 27-26 and 27-27 above shall be
parked only on the even numbered side of the street on those nights bearing an even calendar
date during the portion thereof before midnight, and on the odd numbered side of the street on
those nights bearing an odd calendar date during the portion thereof before midnight, except
that where bays have been provided in terraces, that such vehicles may be parked in such bays
on all calendar dates, subject to any orders which the Police Department may issue to the
contrary; that said permit shall not be issued for a location where parking is prohibited on the
opposite side of the street except where such permit is for a bay in the terrace; no more than one
permit shall be issued on any street for each one hundred fifty (150) feet of street space except
where such permit is for a bay in the terrace; no vehicle shall be allowed to remain parked in
such space after 12 o'clock noon of the day following the overnight parking. No person shall
park or cause to be parked, any automobile, truck or other vehicle whatsoever on any public
street or highway or in any City operated unmetered public parking area for more than twenty-
four (24) hours at one time.
The parking permit issued pursuant to this Section shall be subject to the provisions of Section
27-33 of this Code relating to emergency snow removal regulations.
SECTION 27-29 TAXICABS ON MAIN STREET
No taxi shall park on Main Street from the Fox River to Parkway Avenue.
SECTION 27-30 FIRE LANES
Fire lanes which have been marked with the words “Fire Lane - No Parking” pursuant to
Chapter 13 of this municipal code shall be maintained free of all obstructions at all times. No
vehicle shall be stopped or parked upon any portion of a designated fire lane.
SECTION 27-31 PARKING ON TERRACES PROHIBITED
No person shall park any automobile or other vehicle, whether attended or unattended, on any
municipally owned terrace; terrace meaning that portion between the sidewalk and the normal
back of the curb line.
SECTION 27-32 STOPPING, STANDING OR PARKING PROHIBITED IN PARKING
SPACES RESERVED FOR VEHICLES DISPLAYING SPECIAL
REGISTRATION PLATES OR SPECIAL IDENTIFICATION CARDS
(A)State Statutes Adopted. The rules and regulations pertaining to Stopping, Standing or
Parking Prohibited in Parking Spaces Reserved for Vehicles displaying Special
Registration Plates or Special Identification Cards in Section 346.505 of the Wisconsin
Statutes, together with any future additions, deletions or supplements thereto, are
herewith incorporated as part of this Chapter and shall be enforced with the same force
and effect as though set forth in full herein. Providing, however, that where such rules
and regulations are less stringent than other provisions found in this Code, the provisions
of this Code shall apply.
SECTION 27-33 SNOW EMERGENCY PARKING REGULATIONS
(A)Definitions
(1) “Snow Emergency Parking”: During a Snow Emergency, vehicles shall be parked
only on the even numbered side of the street on those days and nights bearing an
even calendar date during the portion thereof from 12 o’clock noon on the even
calendar date to 12 o’clock noon on the following calendar date, and on the odd
numbered side of the street on those days and nights bearing an odd calendar date
during the portion thereof from 12 o’clock noon on the odd calendar date to 12
o’clock noon on the following calendar date. These parking restrictions would also
apply to any bays in terraces or areas with bump-outs. This Section shall not be
interpreted to allow on-street parking in areas where parking is otherwise
restricted by Section 27-23(A-11) or any other provision of this Municipal Code or
State Statute.
(2) “General Snow Emergency” means an emergency situation created when snowfall
constitutes a serious public hazard, impairing transportation, the movement of
food and fuel supplies, medical care, fire, health, and police protection and other
vital facilities throughout the City.
(3) “Limited Snow Emergency” means an emergency situation created whenever
snowfall constitutes a serious public hazard, impairing transportation, the
movement of food and fuel supplies, medical care, fire, health, and police
protection and other vital facilities within a defined area within the City.
(B)Declaration of Snow Emergency. Whenever in their opinion the conditions exist making
it necessary to declare a Snow Emergency, the City Manager or Director of Public Works
or their respective designee is hereby authorized to declare a General or Limited Snow
Emergency. Such emergency shall continue for a period of forty-eight (48) hours from
the time it is announced or until such earlier time as snow plowing operations have been
declared completed.
(C)Notification Process for Snow Emergency. The City shall provide notification of Snow
Emergencies through the City’s Media Services Division. The City may also use other
means of notification as available and expedient.
(D)Parking of Vehicles During a Snow Emergency. During a Snow Emergency, vehicles
within the area subject to the Snow Emergency Declaration shall park in accordance with
Snow Emergency Parking Restrictions as defined within this Section.
(E)Removal of Vehicles Parked in Violation of Snow Emergency Restrictions. It shall be
unlawful to park or allow a vehicle to remain parked on any street within the City
contrary to Snow Emergency Parking Restrictions.
The Police Department may authorize the removal, including towing, of vehicles parked
in violation of Snow Emergency Parking Restrictions. The operator or owner of the
vehicle shall pay the reasonable charges for moving or towing or any storage of that
vehicle parked in violation of Snow Emergency Parking Restrictions.
SECTION 27-34 PARKING REGULATIONS DURING SNOW REMOVAL
OPERATIONS
(A)Authority to Designate Temporary No Parking Areas. When the Director of Public
Works and Chief of Police shall determine that after any snowfall it is necessary to
remove snow from the vehicular traveled portion of the streets or that the street is
sufficiently narrowed by excessive snow having been plowed toward the curbing, so as
to constitute a serious public hazard, impairing transportation and the movement of
vehicular traffic, the Chief of Police or his/her designee may establish "no parking" zones
on any streets where snow removal operations will be taking place. Such "no parking"
areas shall be marked with appropriate moveable signs not less than four (4) hours prior
to the commencement of the snow removal operation, and such streets may be shut off
and blocked at all times while the crews are operating thereon.
(B)Parking in Violation of Temporary No Parking Areas. It shall be unlawful to park a
vehicle on such streets contrary to any parking restrictions imposed under this section.
The Police Department may authorize the removal, including towing, of vehicles parked
in violation of parking restrictions imposed under this section. The operator or owner of
the vehicle shall pay the reasonable charges for moving or towing or any storage of that
vehicle parked in violation of any parking restrictions imposed under this section.
ARTICLE VI. MUNICIPAL PARKING LOTS
SECTION 27-35 MUNICIPAL PARKING LOTS
As used in this Chapter Municipal Parking Lot shall mean all lands owned by the City of
Oshkosh and used for general public parking lot purposes, including:
8th North Lot
9th South Lot
10th South Lot
200 East Lot
200 West Lot
300 East Lot
300 West Lot
400 East Lot
400 West Lot
500 West Lot
City Hall Lot
Convention Center East
Convention Center North
East 9th Avenue Lot
Grand Lot
Leach Lot
Library Lot
Otter Lot
Rec. Gym Lot
Spanbauer Field Lot
State Lot
SECTION 27-36 REGULATIONS IN MUNICIPAL PARKING LOTS
(A)Appendix 27B Established. Appendix 27B to this Chapter shall set forth maps for each
Municipal Parking Lot. Regulations governing designation of parking spaces, time
limits, permit parking, leased parking, employee and visitor parking in the City Hall lot
and other such regulations pertaining to the designation of spaces or time limits for each
Municipal Parking Lot shall be as set forth in appendix 27B to this Chapter.
(B)Proper Parking. No person shall park any vehicle in any Municipal Parking Lot except
within the limits of a designated parking space.
(C)Time Limits. No person shall park any vehicle in any Municipal Parking Lot for a period
of time in excess of the maximum time fixed for that parking space as set forth in
appendix 27B to this Chapter.
(D)Twenty-four (24) hour limit. No person shall park, cause or permit to be parked any
vehicle in any Municipal Parking Lot for more than twenty-four (24) consecutive hours,
except for vehicles with a valid leased parking stall or parking permit.
(E)Hours of Enforcement for Permit Parking, Leased Parking and Time Limited Parking.
Within Municipal Parking Lots, permit parking restrictions and time limitations are
enforced between the hours of 9:00 a.m. and 6:00 p.m. except on weekends and holidays
or as otherwise provided. Daytime leased stalls are enforced between the hours of 7:00
a.m. and 6:00 p.m. except on weekends and holidays or as otherwise provided.
Designated 24 hours leased stalls shall be enforced 24 hours a day 7 days a week.
(F)City Hall Lot Hours of Enforcement. Employee designated and Visitor Parking
Regulations within the City Hall Lot shall apply during the hours of seven (7:00) o’clock
a.m. to five (5:00) o’clock p.m. on Monday thru Friday.
(G)All Night Parking Prohibitions. No person shall permit any vehicle of any kind or
description to be parked in any free (non-permitted or leased) parking stalls in any
municipal parking lot between 2:00 a.m. and 5:00 a.m.
(H)Permission Required for Parking of Certain Types of Vehicles. No person shall park any
type of heavy traffic vehicle, commercial vehicle, trailer, recreational vehicle, motor
home, Electric Scooter, Electric Personal Assistive Mobility Device, bicycle, skateboard,
or any other play vehicle in any Municipal Parking Lot unless special permission is
granted by the City Manager, Director of Transportation or their designee.
(I)Trespassing. No person not having business to attend to in connection with the parking
of a motor vehicle shall trespass or loiter on any Municipal Parking Lot.
(J)Parking Permits
(1) Authority. City Administration is authorized to issue parking permits in
conformity with this Section.
(2) Types of permits.
a) An annual permit may be used in any stall designated for permit parking
during the 12-month time period.
b) A monthly permit may be used in any stall designated for permit parking
during the monthly permit period.
c) A daily permit may be used in any stall designated for permit parking on
the date indicated on the permit.
(3)Permit prices. The Common Council shall by resolution establish prices for parking
permits issued under this section in the City of Oshkosh Fee Schedule.
(4)Designation of spaces. The Common Council shall designate which spaces in
Municipal Parking Lots require parking permits and/or may be leased, upon
recommendations received from the Transportation Committee. Spaces shall be
designated within Appendix B to this Chapter and shall be identified by
appropriate signage within Municipal Parking Lots.
(5)Proper parking and display. No person shall park any vehicle of any kind or
description in any permit parking space between the hours of 9:00 a.m. and 6:00
p.m. daily, except on weekends and holidays unless a valid parking permit has
been obtained through the City’s official application based parking system.
Failure to obtain a permit will be subject to penalties under Sections 27-52 and 27-
54 of the City of Oshkosh Municipal Code. Vehicles shall comply with all other
rules and regulations governing parking within the City.
(6)Revenues. All revenues collected from permit sales and permit-related violations
shall be deposited to the Parking Utility Budget.
(K)Leased Parking.
(1)Authority. City Administration is authorized to lease spaces within Municipal
Parking Lots in conformity with this Section.
(2)Leased Stall Fees. The Common Council shall by resolution establish fees for
parking spaces leased under this section.
(3)Designation of 24-Hour Leased Stalls. The Transportation Director shall designate
which permit spaces designated as permit/leased in Municipal Parking Lots may
be leased for 24 hours to businesses, landlords and/or residents Spaces shall be
designated as permit/leased within Appendix B to this Chapter and shall be
identified by appropriate signage within Municipal Parking Lots. Stalls must be
leased for a minimum of 3 months.
(4)Designation of Daytime Leased Stalls. The Transportation Director shall designate
which permit/leased spaces in Municipal Parking Lots may be leased on a monthly
basis. Enforcement of the monthly daytime leased parking stalls shall be between
7:00 a.m. and 6:00 p.m.
(5)Revenues. All revenues collected from permit and leased stall sales and
permit/lease-related violations shall be deposited to the Parking Utility Budget.
SECTION 27-37 through 27-51 Reserved
ARTICLE VII. ENFORCEMENT OF PARKING RESTRICTIONS
SECTION 27-52 ENFORCEMENT OF PARKING RESTRICTIONS
A. Traffic officers observing violations of the parking restrictions specified within this
chapter may issue parking tickets which shall be attached to the vehicle parked in
violation. Each parking ticket shall specify:
1. The location of the vehicle parking in violation of the provisions of this chapter.
2. The license plate number, state of licensing, and make of the vehicle.
3. The time at which such vehicle is parking in violation of the provisions of this
chapter.
4. Any other facts the traffic officer deem appropriate.
B. Every Overtime Parking. A vehicle that remains in excess of the time period fixed by
ordinance and posted shall be in violation of the overtime parking provisions contained
in this ordinance. Except for violations of overnight parking restrictions, in all areas,
including those areas where the time limit is less than one hour regulated by an
Application Based Parking Management System or by sign, a separate violation occurs
every hour that the vehicle remains in violation.
C. Reserved.
D. Permit/Leased Stall Violations. A separate violation occurs every hour that a vehicle
remains in a permitted/leased stall without a proper permit/lease in violation of the
provisions of this Chapter.
SECTION 27-53 BASIC PENALTIES FOR VIOLATIONS UPON ISSUANCE OF
PARKING TICKET
The basic penalty for violation of the listed parking violations shall be as follows:
No parking 2 a.m. to 5 a.m...........................................$30
Parked on private property ........................................$30
Prohibited parking (signed) ....................................... $30
Unauthorized Use of Permit/Leased Stall……….….$30
Overtime parking violation ........................................$20
Failure to obtain valid parking permit.......................$20
Fraudulent use of parking permit.............................. $50
Disabled Parking Violation ...................................... $250
Fire lanes ........................................................................$50
Other violations ............................................................$30
SECTION 27-54 PAYMENT OF PARKING VIOLATIONS; TIME LIMITS; FAILURE TO
PAY PARKING TICKETS
Each owner or operator shall pay to the City as a penalty the basic penalty established for the
violation as enumerated in section 27-53. Failure to make payment of the penalty, or to appeal
or contest the ticket within ten (10) days of the issuance of the ticket, shall result in the issuance
of a written notice of violation. With the issuance of the written notice of violation, a fifteen
dollar ($15.00) administrative fee shall be assessed to the basic penalty amount. Failure to make
payment of the basic penalty and administrative fees as assessed, or to contest the ticket within
thirty (30) days of the issuance of the ticket, shall result in suspension of the vehicle registration
and the assessment of an additional administrative fee of twenty dollars for a total
administrative fee of thirty-five dollars ($35.00) added to the original basic penalty amount.
The time within which payment shall be made in this section shall be computed by excluding
the day of issuance of the parking ticket and including the last day of the specified time period.
For tickets issued by University of Wisconsin - Oshkosh authorized “traffic officers”, penalties
provided within this section, including administrative fees shall be paid to the University of
Wisconsin and the University of Wisconsin shall be responsible to provide for a procedure for
payment. The University of Wisconsin Oshkosh Police Department may participate in the
Traffic Violation and Registration Program through the State of Wisconsin Department of
Transportation Division of Motor Vehicles pursuant to Section 345.28 of the Wisconsin Statutes.
SECTION 27-55 TRAFFIC VIOLATIONS AND REGISTRATION PROGRAM
In addition to all other methods of collecting parking fines provided for in this Section, the
proper City officials are hereby authorized and directed to use the procedures provided for in
Section 345.28 of the Wisconsin Statutes and to take all actions authorized under said Section
with regard to suspension of the registration of motor vehicles with unpaid citations.
SECTION 27-56 PROCEDURE FOR CONTESTING PARKING TICKETS
A.Timing of Appeals. Administrative Appeals must be taken within 30 days of the date of
issuance of the ticket. Appeals to the Circuit Court must be taken with 30 days of the date
of issuance of the ticket, or within 10 days of an Administrative Appeal decision.
B.Administrative Appeals. The City of Oshkosh elects not to be bound by the provisions of
Chapter 68 of the Wisconsin Statutes pertaining to appeals under this Article and has
adopted a Policy for Appeals from Parking Tickets. Such Policy shall be kept on file in the
offices of the Police Department and Parking Utility and shall be published upon the City
Website. A person who has been issued a parking ticket for violation of this article may
appeal such ticket by completing an appeal form and submitting such form according to
the Policy.
C.Appeals to Circuit Court. In lieu of an Administrative Appeal, or after an Administrative
Appeal has been denied, a person who has been issued a parking ticket for violation of
this article may request a hearing regarding such violation. The person shall be issued a
summons and citation and such proceedings shall thereafter be governed by §345.34 to
345.47 Wis. Stats.
D.Effect of Appeal/Payment Time Limits.
1. If an owner or operator of a vehicle receiving a parking ticket makes an appeal of
the ticket, either administratively or to the circuit court, such appeal shall have the
effect of staying the time limits within which payment shall be made as specified
in section 27-54 above.
2. If upon appeal, the reviewing body determines the ticket is void, then all
associated penalties and administrative charges shall also be voided and shall no
longer be owed.
3. If the appeal of the ticket is denied, payment of the penalty and all administrative
fees that had accrued to the date of the appeal must be made within 10 days of
issuance of the written notification of the denial. If payment is not made within 10
days of the date of written notification of the denial of the appeal, then the time
limits specified within section 27-54 shall no longer be stayed and time shall be
counted forward with the 11th day after the appeal being counted as the first
additional day for purposes of the time limits set forth in section 27-54 above
proceeding from the day the appeal was filed.
E. For tickets issued by University of Wisconsin - Oshkosh authorized “traffic officers”, the
University of Wisconsin shall be responsible to provide for establishing a procedure for
processing of any appeals and for the prosecution and defense of any citations issued.
Any appeals shall be directed to the University of Wisconsin Oshkosh Police Department
who shall review and administer those appeals in accordance with their policy.
CHAPTER 27
VEHICLES AND TRAFFIC
SECTIONS 27-1 DEFINITIONS
For the purposes of this chapter, the following definitions are used.
(1) Application Based Parking Management System: A parking management system where a
person applies for and obtains a digital permit for parking a vehicle within a designated
area through an authorized web-based, mobile or other application system.
(1)(2) Holidays: Includes New Year’s Day (January 1), Memorial Day (the last Monday in May),
Independence Day (July 4), Labor Day (the first Monday in September), Thanksgiving Day
(the fourth Thursday in November), and Christmas Day (December 25).
(2)(3) Passenger loading zone: That portion of any street or parking facility clearly marked with
a sign informing the public that the use of such area is limited to the loading or unloading
of passengers.
(3)(4) Truck loading zone: That portion of any street or parking facility clearly marked with a sign
informing the public that the use of such area is limited to the loading or unloading of
merchandise by truck to/from commercial properties.
(4)(5) University Parking Area: An area bounded by and including these streets: beginning on
Jackson Street at the Fox River to Church Avenue, east on Church Avenue to Franklin Street,
north on Franklin Street to West Parkway Avenue, east on Parkway Avenue to Division
Street, north on Division Street to Scott Avenue, west on Scott Avenue to Central Street,
north on Central to Prospect Avenue, west on Prospect Avenue to Merrill Street, north on
Merrill Street to New York Avenue, west on New York Avenue to Jackson Street, north on
Jackson Street to Congress Avenue, west on Congress Avenue to the Fox River, including
both sides of the streets named.
(5) Parking meter: A machine next to a parking space into which payment is deposited so as
to authorize the vehicle to park in said space for a particular length of time. Each parking
meter shall be so set as to display a signal showing legal parking upon the deposit of funds.
Each meter shall be so arranged that, upon the expiration of the parking limit, it will indicate
that the lawful parking period as fixed by the ordinance of the City has expired.
(6) Pay and display: A method of paying for parking where a person parks the vehicle in the
designated area, immediately pays for parking at the nearest pay station, obtains a receipt,
and displays the receipt in accordance with the rules on the receipt or pay station.
(7)
(8) Pay station: A machine which accepts payment for parking in one of a number of
designated parking spaces, so as to authorize the vehicle to park in a designated space or
area for a particular length of time.
Commented [LL1]: New definition for
application based system
Commented [LL2]: Removed outdated definition
Commented [LL3]: Removed outdated definition
Commented [LL4]: Removed outdated definition
ARTICLE IV. GENERAL PARKING RESTRICTIONS
SECTION 27-20 AUTHORIZE "TRAFFIC OFFICERS"
(A) For the purposes of this Chapter, duly appointed Community Service Officers, Courtesy Aides and
and Parking Control Officers Parking Meter Servicemen are hereby designated as "Traffic Officers"
within the meaning of Sections 340.01(70) and 349.13 of the Wisconsin Statutes and are hereby
authorized to issue citations for all non-moving traffic violations included in Articles III-VII of this
Chapter.
(A) Duly appointed Campus Police and Security Officers are designated as “traffic officers” within
the meaning of Sections 340.01(70) and 349.13 of the Wisconsin Statutes and are authorized to issue
University of Wisconsin – Oshkosh citations for all non-moving violations for purposes of enforcing the
following sections of this code:
(1) Designated 15-minute parking areas, east side of Algoma Boulevard, as designated
between Elmwood Avenue and Woodland Avenue, under Section 27 - 23(A-11) of this
code.
(2)(2) Designated 15-minute parking areas, west side of Elmwood Avenue, as designated
between Amherst Avenue and Irving Avenue, under Section 27 -23(A-11) of the code.
(3) Designated 60-minute parking, east side from 895 to 1058 feet North of Elmwood Avenue
(3) Designated handicapped parking, south side of Pearl Avenue, between Rockwell Avenue
and Osceola Street, under Section 27-23(A-11) of this code.
(4) Pay and Display parking areas, as designated under Section 27-23(A-3)(G) of this
code.
(B) For purposes of enforcing Section 27-30 of this code, specifically the provisions regarding fire
lanes, Officers within the Oshkosh Fire Department are designated as “traffic officers” within the
meaning of Sections 340.01(70) and 349.13 of the Wisconsin Statutes and are authorized to issue
parking tickets and citations for all non-moving violations related to Section 27-30 as heretofore
outlined.
SECTION 27-21 RESPONSIBILITY OF OWNER
If any vehicle is found upon a street, alley, highway, park or other public grounds of the City in violation
of any provision of this Chapter, or any ordinance of this City, regulating the stopping, or standing or
parking of vehicles, and the identity of the driver cannot readily be determined, the owner, or person in
whose name such vehicle is registered, shall be held prima facie responsible presumed liable for such
violation. This presumption may be rebutted by sufficient evidence, including but not limited to, the
Commented [LL5]: Removed outdated positions
Commented [LL6]: Updated references to
University jurisdiction
following:
(A) That a report that the vehicle was stolen was given to a traffic officer before the violation occurred or
within a reasonable time after the violation occurred.
(B) If the owner of the vehicle provides the name and address of the person operating the vehicle or having the
vehicle under his or her control at the time of the violation and sufficient information for the officer to
determine that probable cause does not exist to believe that the owner of the vehicle was operating the
vehicle at the time of the violation, then the owner of the vehicle shall not be liable.
(C) If the vehicle is owned by a lessor of vehicles and at the time of the violation the vehicle was in the
possession of a lessee, and the lessor provides the name, address, telephone number and pertinent driver’s
license information for the issuance of the citation to the lessor, then the lessee and not the lessor shall be
liable.
(A)(D) If the vehicle is owned by a dealer, as defined in Chapter 340 Wisconsin Statutes, and at the time
of the violation the vehicle was being operated by or was under the control of any person on a trial run, and
if the dealer provides the name, address, telephone number and pertinent driver’s license information for
the issuance of the citation to the person operating the vehicle, then that person, and not the dealer, shall be
liable.
SECTION 27-22 REPEALED 11/11/14 (formerly – Parking of Vehicles in Municipally Owned Off-
Street Parking Areas)
PARKING MANAGEMENT IN GENERAL – USE OF APPLICATION BASED PARKING
MANAGEMENT SYSTEMS, RATES AND FEES, PARKING IN EXCESS OF PERMIT OR LIMITS
AND SUSPENSION OF PARKING PRIVILEGES, USE OF PARKING REVENUE
(B) Authorization. The Common Council may authorize the regulation, control, maintenance, and use
of an Application Based Parking Management System for public streets, municipal parking lots or
other public parking areas as may be further designated in Chapter 27A of this Code. Signage shall
be prominently placed in areas subject to control by an application based system that identifies the
application in use for the area, application access and/or downloading information, and shall
include the hours and days that parking restrictions are in place.
(C) Establishment of Rates and Fees. The Common Council shall establish rates or fees for paid parking
within the public right-of-way or within municipal parking lots within the City of Oshkosh Fee
Schedule as adopted by Council resolution.
(D) Suspension of Fees or Parking Privilege. In the event of an emergency or approved special event,
the Common Council, City Manager, or Chief of Police may temporarily suspend the collection of
fees use or the enforcement of short term paid parking; or may temporarily suspend parking in an
area where short term parking is permitted by posting temporary no parking signage.
(E) Overtime parking. A vehicle shall be considered as unlawfully parked if it remains in a space
within an area designated as short term paid parking beyond the time paid for or beyond any legal
parking limit.
(F) No refunds. The City will not issue refunds for unused time that was paid for through an
application based parking management system.
Commented [LL7]: Updated to clarify
responsibility of owners in various scenarios
Commented [LL8]: Section is a combination of
prior provisions identified in redline below
and updated
Commented [LL9]: New section to authorize app
based system
Commented [LL10]: Moved from prior section and
updated language
Commented [LL11]: Modified from prior section
to clarify that the City may suspend
collection of fees in an area or may suspend
parking in an area as may be necessary due to
an emergency or special event
Commented [LL12]: Moved from prior section
Commented [LL13]: Moved from prior section and
updated to refer to new system
(G) Use of Parking Revenue for parking facilities. The net revenue resulting from areas designated as
short term paid parking, after the deduction of the cost of parking applications, cost of collection,
enforcement and administration, shall be placed in the parking utility fund, the purpose of which
fund shall be to make provisions for off street parking lots; said fund to be used for said purpose
as the Council may from time-to-time direct. All earnings, upon investment of said fund, shall
when received be and constitute an addition to the fund. However, any advances made from the
General Fund to provide for street parking by lots purchased or other method of acquisition of
parking sites, pending the accumulation of sufficient receipts from the operation of the paid
parking systems herein authorized, shall be reimbursed out of the parking utility fund when
sufficient moneys accumulate therein.
SECTION 27-23 PARKING PROHIBITIONS ON DESIGNATED STREETS, ALLEYS AND
PARKING LOTS
No person shall at any time park an automobile or other vehicle, whether attended or unattended, upon
any designated street, avenue, boulevard or parts thereof which are designated as "no parking" areas or
contrary to any appropriate official sign installed by the city restricting parking. No person shall park a
motor vehicle on any public street at any time within 50 feet of an authorized bus stop sign.
SECTION 27-23.1 PARKING PROHIBITED NEAR BUS STOPS
No person shall park a motor vehicle on any public street at any time within 50 feet of an authorized bus
stop sign.
SECTION 27-24 PARKING PROHIBITIONS - HEAVY TRAFFIC
(A) No person shall park heavy traffic vehicles as defined in Section 27-14 of this code, motor busses,
truck tractors, semi-trailers, trailers, panel trucks, delivery vehicles and/or any other type of
motor trucks designed, used or maintained primarily for the transportation of property, whether
attended or unattended, upon any street, avenue, boulevard or other public right-of-way except
those areas designated as truck routes.
(B) No person shall park heavy traffic vehicles as defined in Section 27-14 of this code, motor busses,
truck tractors, semi-trailers, trailers, panel trucks, delivery vehicles and/or any other type of
motor trucks designed, used or maintained primarily for the transportation of property, whether
attended or unattended, upon any street, avenue, boulevard or other public right-of-way between
the hours of 2:00 a.m. and 5:00 a.m.
(C) No person shall park or permit to be parked any heavy traffic vehicles as defined in Section 27-
14 of this code, motor busses, truck tractors, semi-trailers, trailers, panel trucks, delivery vehicles
and/or any other type of motor trucks designed, used or maintained primarily for the
Commented [LL14]: Moved from prior section and
updated to refer to new collection system and
remove reference to specific bank account
Commented [LL15]: Clarifying official signage
and removing duplicative language
transportation of property, on any property within the City of Oshkosh which is zoned residential
or contains a residential use as provided in Chapter 30 of this municipal code.
(D) This section shall not be construed to prohibit heavy traffic vehicles as defined in Section 27-14 of
this code, motor busses, truck tractors, semi-trailers, trailers, panel trucks, delivery vehicles
and/or any other type of motor trucks designed, used or maintained primarily for the
transportation of property, from using routed state trunk highways or from using any street or
highway for the purpose of obtaining orders for supplies or moving or delivering supplies or
commodities to or from any place of business or residence which has an entrance on such street
or highway.
SECTION 27-25 OVERTIME PARKING
It shall be unlawful for any person to park any vehicle in any municipal parking lot, right-of-way or other
municipally owned or operated parking area for a period of time in excess of the maximum time fixed
by ordinance and posted for that parking area.
It shall be unlawful for any person to deposit or cause to be deposited in a parking meter one (l) or more
coins or for any person to use pay and display for the purpose of extending the parking time beyond the
maximum time fixed by ordinance and posted for that parking area.
ARTICLE V. NON-METEREDON-STREET PARKING RESTRICTIONS
SECTION 27-26 ALL NIGHT PARKING PROHIBITED
(A) Regulations. No person shall permit any vehicle of any kind or description to be parked on any
public highway, or portion of street right-of-way, including but not limited to terraces and
sidewalks, in the City of Oshkosh between the hours of 2:00 a.m. and 5:00 a.m.
(B) Exceptions.
(1) The Police Department may grant permission to so park a vehicle on the street or within
right-of-way on a temporary basis in unique or unusual circumstances, such as in
association with public or private construction or maintenance activities, for
accommodation of overnight guests, in cases of emergency where the operator has
become incapacity incapacitated or other similar circumstances. Permission under this
paragraph shall generally be limited to a maximum of 3 nights in any 30-day period,
except when a longer period is necessary for construction activities, and shall be within
the sole discretion of the Police Department.
(2) Vehicles with a special privilegean overnight parking permit issued under Section 27-27
may be parked during such hoursbetween the hours of 2:00 a.m. and 5:00 a.m. in
accordance with a permit issued under that section; after filing an application; paying a
Commented [LL16]: Clarification that this is
used for emergency cases only
Commented [LL17]: Updated to match how OPD is
enforcing currently.
permit fee and approval and issuance of the permit. Vehicles with a special privilege
permit shall be parked as authorized by such permit and in compliance with all other
parking rules and regulations including, without limitation, rules governing the parking
of vehicles on streets, snow emergency regulations and section 27-28 below.
(3) Motor busses; Truck truck tractors; semi-trailers; trailers; and Motor motor Trucks trucks
designed, used or maintained primarily for the transportation of property; shall not be
eligible for special privilege parking permits.
SECTION 27-27 SPECIAL PRIVILEGEOVERNIGHT PARKING PERMITS FOR ON-STREET
PARKINGFOR ALL NIGHT PARKING
(A) The City Manager may designate a Department to administer the Special PrivilegeOvernight
Parking Permit Program or theand the City may enter into an agreement with a third party to
assist with the administer administration of such the Permit Programprogram.
(B) Contents of application. Persons desiring a special privilege permit for all night parking shall
complete an application form containing the following information and any additional
information that the City may reasonably require for administration of the program: the name
and address of the owner of the vehicle, make and year of the vehicle, the license number, the
dates and parking location for the special privilege requested.
(C) Contents of permit. The permit shall contain the number of the permit, the name and address of
the owner of the vehicle, the make, year and license number of the vehicle, the location where the
vehicle is to be parked, the month of issue, and date of expiration. The permit shall be a different
color every month. All permits shall be numbered consecutively.
(D)(B) Approval; TermTypes of Permits Available. The special privilegeThe following types of
Overnight permits shall be valid for a the period of not longer than one (1) month endingissued
and shall end at midnight of the last day of the month of issuepermit period. The Police
Department may revoke said permit if at any time the owner fails to comply with any of the
provisions of this ordinance.
1) Monthly Permit. Monthly permits may be issued for any street within the corporate limits
where parking is allowed on both sides of the streets and shall be valid for thirty (30) days
from the date of issuance.
2) Annual Permit. Annual permits may be issued for any street within the corporate limits
where parking is allowed on both sides of the streets and shall be valid for three hundred
sixty-five (365) days, except in a leap year where it will be three hundred sixty-six days (366).
3) 3-month Permit in University Parking Area. 3-month permits shall begin on the first day of
June and end at midnight on the last day of August and are valid only in the University
Parking Area.
4) 9-month Permit in University Parking Area. 9-month permits shall begin on the first day of
September and end at midnight on the last day of May and is valid only in the University
Parking Area.
Commented [LL18]: Changing terminology to
match common terminology for overnight parking
permits
Rest of section updated to match new
permitting system
(C) Application and Approval.
1) Persons desiring an overnight parking permit shall complete an application through the city’s
designated Application Based Parking Management System which shall include the following
information: the name, address and email address of the owner of the vehicle, make, model
and year of the vehicle, the license number, the dates and street location for the permit
requested.
2) Approvals are limited to streets that allow parking on both sides, and by the number of
parking spaces available on the requested street and the number of permits previously issued
for the time period requested.
(D) Permit. Digital permits will be issued through the Application Based Parking Management
System. The information associated with the permit shall include the number of the permit, the
name and address of the owner of the vehicle, the make, year and license number of the vehicle,
the location where the vehicle is to be parked, the month of issue, and date of expiration.
(E) (a) Notwithstanding the foregoing, in addition to the monthly permit, an annual
permit, valid for a 12-month period, beginning the first day of the month when issued
and ending at midnight on the last day of the 12th month from date of issuance may
be issued for any street within the corporate limits, except for both sides of the streets
in the University Parking Area.
(b) In addition to the monthly permit, a 9-month permit, valid for a 9-month period,
beginning the first day of September and ending at midnight on the last day of May,
and a 3-month permit, valid for a 3-month period, beginning the first day of June and
ending at midnight on the last day of August may be issued for both sides of the streets
in the University Parking Area.
(F) Location on vehicle. The permit shall be placed in the lower driver’s side corner of the windshield
or in such other conspicuous place as the City may designate upon issuance of the permit, while
the motor vehicle is in a parked position.
(G) Fee. The special privilege permit fee shall be Ten Dollars ($10.00) per month; provided, however,
that if any permit is granted after the 15th day of the month, the permit fee shall be Five Dollars
($5.00) for the remainder of said month.
(H)(E) The fees for the annual permits, as authorized under Section 27-27(C)(1) of this Code shall be:
annual permit $120; for the 9-month permit $90.00 and for the 3-month permit $30.00. There shall
be no proration for any partial month. Fees for permits shall be adopted by resolution as part of
the City of Oshkosh Fee Schedule.
(G) Receipts to be placed in special fund. All moneys received from said permit fees shall be placed
in a separate fund for off-street parking purposes only, except that costs for the printing of
application forms and permits, stationery, postage, office supplies, and for any other kindred
forms and the printing thereof in connection with the administration of this ordinance shall be
paid out of this fund.
Commented [LL19]: Modified to remove outdated
language and limitation for off-street parking
since funding will come from both on and off
street parking and parking utility fund may be
used to fund different types of public parking
needs.
(H) Revocation of Permits. The Police Department may revoke said permit pursuant to a Policy for
Revocation and Appeals adopted pursuant to this section if at any time the owner fails to comply
with any of the provisions of this ordinance.
SECTION 27-28 PARKING LOCATIONS FOR VEHICLES WITH OVERNIGHT PERMIT OR
PERMISSION
Any vehicles parked pursuant to the provisions of Sections 27-26 and 27-27 above shall be parked only
on the even numbered side of the street on those nights bearing an even calendar date during the portion
thereof before midnight, and on the odd numbered side of the street on those nights bearing an odd
calendar date during the portion thereof before midnight, except that where bays have been provided in
terraces, that such vehicles may be parked in such bays on all calendar dates, subject to any orders which
the Police Department may issue to the contrary; that said permit shall not be issued for a location where
parking is prohibited on the opposite side of the street except where such permit is for a bay in the terrace;
no more than one permit shall be issued on any street for each one hundred fifty (150) feet of street space
except where such permit is for a bay in the terrace; no vehicle shall be allowed to remain parked in such
space after 12 o'clock noon of the day following the overnight parking. No person shall park or cause to
be parked, any automobile, truck or other vehicle whatsoever on any public street or highway or in any
City operated unmetered public parking area for more than twenty-four (24) hours at one time.
The parking permit issued pursuant to this Section shall be subject to the provisions of Section 27-33 of
this Code relating to emergency snow removal regulations.
SECTION 27-29 TAXICABS ON MAIN STREET
No taxi shall park on Main Street from the Fox River to Parkway Avenue.
SECTION 27-30 FIRE LANES
Fire lanes which have been marked with the words “Fire Lane - No Parking” pursuant to Chapter 13 of
this municipal code shall be maintained free of all obstructions at all times. No vehicle shall be stopped
or parked upon any portion of a designated fire lane.
SECTION 27-31 PARKING ON TERRACES PROHIBITED
No person shall park any automobile or other vehicle, whether attended or unattended, on any
municipally owned terrace; terrace meaning that portion between the sidewalk and the normal back of
the curb line.
SECTION 27-32 STOPPING, STANDING OR PARKING PROHIBITED IN PARKING SPACES
RESERVED FOR VEHICLES DISPLAYING SPECIAL REGISTRATION
PLATES OR SPECIAL IDENTIFICATION CARDS.
Commented [LL20]: Moved and requiring policy
to be developed similar to parking ticket
appeals
(A) State Statutes Adopted. The rules and regulations pertaining to Stopping, Standing or Parking
Prohibited in Parking Spaces Reserved for Vehicles displaying Special Registration Plates or
Special Identification Cards in Section 346.505 of the Wisconsin Statutes, together with any future
additions, deletions or supplements thereto, are herewith incorporated as part of this Chapter
and shall be enforced with the same force and effect as though set forth in full herein. Providing,
however, that where such rules and regulations are less stringent than other provisions found in
this Code, the provisions of this Code shall apply.
SECTION 27-33 SNOW EMERGENCY PARKING REGULATIONS
(A) Definitions
(1) “Snow Emergency Parking”: During a Snow Emergency, vehicles shall be parked only
on the even numbered side of the street on those days and nights bearing an even calendar
date during the portion thereof from 12 o’clock noon on the even calendar date to 12
o’clock noon on the following calendar date, and on the odd numbered side of the street
on those days and nights bearing an odd calendar date during the portion thereof from
12 o’clock noon on the odd calendar date to 12 o’clock noon on the following calendar
date. These parking restrictions would also apply to any bays in terraces or areas with
bump-outs. This Section shall not be interpreted to allow on-street parking in areas where
parking is otherwise restricted by Section 27-23(A-11) or any other provision of this
Municipal Code or State Statute.
(2) “General Snow Emergency” means an emergency situation created when snowfall
constitutes a serious public hazard, impairing transportation, the movement of food and
fuel supplies, medical care, fire, health, and police protection and other vital facilities
throughout the City.
(3) “Limited Snow Emergency” means an emergency situation created whenever snowfall
constitutes a serious public hazard, impairing transportation, the movement of food and
fuel supplies, medical care, fire, health, and police protection and other vital facilities
within a defined area within the City.
(B) Declaration of Snow Emergency. Whenever in their opinion the conditions exist making it
necessary to declare a Snow Emergency, the City Manager or Director of Public Works or their
respective designee is hereby authorized to declare a General or Limited Snow Emergency. Such
emergency shall continue for a period of forty-eight (48) hours from the time it is announced or
until such earlier time as snow plowing operations have been declared completed.
(C) Notification Process for Snow Emergency. The City shall provide notification of Snow
Emergencies through the City’s Media Services Division. The City may also use other means of
notification as available and expedient.
(D) Parking of Vehicles During a Snow Emergency. During a Snow Emergency, vehicles within the
area subject to the Snow Emergency Declaration shall park in accordance with Snow Emergency
Parking Restrictions as defined within this Section.
(E) Removal of Vehicles Parked in Violation of Snow Emergency Restrictions. It shall be unlawful to
park or allow a vehicle to remain parked on any street within the City contrary to Snow
Emergency Parking Restrictions.
The Police Department may authorize the removal, including towing, of vehicles parked in
violation of Snow Emergency Parking Restrictions. The operator or owner of the vehicle shall
pay the reasonable charges for moving or towing or any storage of that vehicle parked in violation
of Snow Emergency Parking Restrictions.
SECTION 27-34 PARKING REGULATIONS DURING SNOW REMOVAL OPERATIONS
(A) Authority to Designate Temporary No Parking Areas. When the Director of Public Works and
Chief of Police shall determine that after any snowfall it is necessary to remove snow from the
vehicular traveled portion of the streets or that the street is sufficiently narrowed by excessive
snow having been plowed toward the curbing, so as to constitute a serious public hazard,
impairing transportation and the movement of vehicular traffic, the Chief of Police or his/her
designee may establish "no parking" zones on any streets where snow removal operations will be
taking place. Such "no parking" areas shall be marked with appropriate moveable signs not less
than four (4) hours prior to the commencement of the snow removal operation, and such streets
may be shut off and blocked at all times while the crews are operating thereon.
(B) Parking in Violation of Temporary No Parking Areas. It shall be unlawful to park a vehicle on
such streets contrary to any parking restrictions imposed under this section. The Police
Department may authorize the removal, including towing, of vehicles parked in violation of
parking restrictions imposed under this section. The operator or owner of the vehicle shall pay
the reasonable charges for moving or towing or any storage of that vehicle parked in violation of
any parking restrictions imposed under this section.
ARTICLE VI. MUNICIPAL PARKING LOTS
SECTION 27-35 MUNICIPAL PARKING LOTS
As used in this Chapter Municipal Parking Lot shall mean all lands owned by the City of Oshkosh and
used for general public parking lot purposes, including:
8th North Lot
9th South Lot
10th South Lot
200 East Lot
200 West Lot
300 East Lot
300 West Lot
400 East Lot
400 West Lot
500 West Lot
City Hall Lot
Convention Center East
Convention Center North
East 9th Avenue Lot
Grand Lot
Leach Lot
Library Lot
Otter Lot
Rec. Gym Lot
Spanbauer Field Lot
State Lot
SECTION 27-36 REGULATIONS IN MUNICIPAL PARKING LOTS
(A) Appendix 27B Established. Appendix 27B to this Chapter shall set forth maps for each Municipal
Parking Lot. Regulations governing designation of parking spaces, time limits, permit parking,
leased parking, employee and visitor parking in the City Hall lot and other such regulations
pertaining to the designation of spaces or time limits for each Municipal Parking Lot shall be as
set forth in appendix 27B to this Chapter.
(B) Proper Parking. No person shall park any vehicle in any Municipal Parking Lot except within
the limits of a designated parking space.
(C) Time Limits. No person shall park any vehicle in any Municipal Parking Lot for a period of time
in excess of the maximum time fixed for that parking space as set forth in appendix 27B to this
Chapter.
(D) Twenty-four (24) hour limit. No person shall park, cause or permit to be parked any vehicle in
any Municipal Parking Lot for more than twenty-four (24) consecutive hours, except for vehicles
displaying with a valid leased parking stall or parking permit.
(E) Hours of Enforcement for Permit Parking, Leased Parking and Time Limited Parking. Within
Municipal Parking Lots, permit parking restrictions and time limitations are enforced between
the hours of 9:00 a.m. and 6:00 p.m. except on weekends and holidays or as otherwise provided.
Daytime leased stalls are enforced between the hours of 7:00 a.m. and 6:00 p.m. except on
weekends and holidays or as otherwise provided. Designated 24 hours leased stalls shall be
enforced 24 hours a day 7 days a week.
(F) City Hall Lot Hours of Enforcement. Employee designated and Visitor Parking Regulations
within the City Hall Lot shall apply during the hours of seven (7:00) o’clock a.m. to five (5:00)
o’clock p.m. on Monday thru Friday.
Commented [LL21]: Section updated to refer to
new parking system
(G) All Night Parking Prohibitions. No person shall permit any vehicle of any kind or description to
be parked in any free (non-permitted or leased) parking stalls in any municipal parking lot
between 2:00 a.m. and 5:00 a.m.
(H) Permission Required for Parking of Certain Types of Vehicles. No person shall park any type of
heavy traffic vehicle, commercial vehicle, trailer, recreational vehicle, motor home, Electric
Scooter, Electric Personal Assistive Mobility Device, bicycle, skateboard, or any other play vehicle
in any Municipal Parking Lot unless special permission is granted by the City Manager, Director
of Transportation or their designee.
(I) Trespassing. No person not having business to attend to in connection with the parking of a
motor vehicle shall trespass or loiter on any Municipal Parking Lot.
(J) Parking Permits
(1) Authority. City Administration is authorized to issue parking permits in conformity with
this Section.
(2) Types of permits.
a) An annual permit may be used in any stall designated for permit parking during the
12-month time period. Annual permits shall be displayed hanging from the rearview
mirror and facing forward.
b) A monthly permit may be used in any stall designated for permit parking during the
monthly permit period. Monthly permits shall be displayed hanging from the
rearview mirror and facing forward.
c) c) A daily permit may be used in any stall designated for permit parking on the date
indicated on the permit. Immediately upon parking the vehicle, the parking permit
shall be displayed on the inside of the vehicle in accordance with the rules printed on
the permit.
(3) Permit prices. The Common Council shall by resolution establish prices for parking
permits issued under this section in the City of Oshkosh Fee Schedule.
(4) Designation of spaces. The Common Council shall designate which spaces in Municipal
Parking Lots require parking permits and/or may be leased, upon recommendations
received from the Transportation Committee. Spaces shall be designated within
Appendix B to this Chapter and shall be identified by appropriate signage within
Municipal Parking Lots.
(5) Proper parking and display. No person shall permit park any vehicle of any kind or
description to be parked in any permit parking space between the hours of 9:00 a.m. and
6:00 p.m. daily, except on weekends and holidays unless such vehicle is properly
displaying a valid parking permit has been obtained through the City’s official application
based parking system. Failure to properly displayobtain a permit will be subject to
penalties under Sections 27-52 and 27-53 54 of the City of Oshkosh Municipal Code.
Vehicles displaying such permits shall comply with all other rules and regulations
governing parking within the City.
(6) Permit validity. Parking permits shall be valid only for the date(s) indicated on the permit.
Attempts to fabricate permits or re-use an expired permit will be subject to penalties under
Sections 27-52 and 27-53 of the City of Oshkosh Municipal Code.
(76) Revenues. All revenues collected from permit sales and permit-related violations shall be
deposited to the Parking Utility Budget.
(K) Leased Parking.
(1) Authority. City Administration is authorized to lease spaces within Municipal Parking
Lots in conformity with this Section.
(2) Leased Stall Fees. The Common Council shall by resolution establish fees for parking
spaces leased under this section.
(3) Designation of 24-Hour Leased Stalls. The Transportation Director shall designate which
permit spaces designated as permit/leased in Municipal Parking Lots may be leased for
24 hours to businesses, landlords and/or residents Spaces shall be designated as
permit/leased within Appendix B to this Chapter and shall be identified by appropriate
signage within Municipal Parking Lots. Stalls must be leased for a minimum of 3 months.
(4) Designation of Daytime Leased Stalls. The Transportation Director shall designate which
permit/leased spaces in Municipal Parking Lots may be leased on a monthly basis.
Enforcement of the monthly daytime leased parking stalls shall be between 7:00 a.m. and
6:00 p.m.
(5) Revenues. All revenues collected from permit and leased stall sales and permit/lease-
related violations shall be deposited to the Parking Utility Budget.
ARTICLE VI. PARKING METER REGULATIONS
SECTION 27-37 Reserved PARKING METERS AND PAY STATIONS
(A) Authorization. The Common Council may authorize the installation, regulation, control,
maintenance, and use of parking meters and pay stations in public streets or in public parking
areas. Parking meters shall be placed next to individual parking places and shall display the hours
and days of operation. Each pay station shall be located in the vicinity of the parking stalls which
are controlled by it and shall also display the hours and days of operation.
(B) Establishment of rates. The Common Council shall establish rates for parking meters and pay
stations that are installed within the public right-of-way or on City property.
Commented [LL22]: Moved to 27-22 and amended
(C) Hours of operation. The Common Council shall establish the days and hours when payment is
required at parking meters or pay stations.
(D) Suspension of fees. In the event of an emergency or approved special event, the Common Council,
City Manager, or Chief of Police may temporarily suspend the collection of fees at specified parking
meters or pay stations.
(E) Proper parking and payment for spaces regulated by parking meters. When any vehicle shall be
parked next to a parking meter, the owner or operator shall park within the area designated by the
curb or street marking lines, and upon entering said parking space shall immediately provide
payment into the meter up to the amount needed for the maximum legal parking limit. Said
parking space may then be used by such vehicle during the legal limit provided. No person may
park within a space regulated by parking meters without making proper payment into the meter.
(F) Proper parking and payment for Pay and Display areas. When a vehicle is parked in a Pay and
Display area, the owner or operator shall park within the area designated by the curb or street
marking lines and upon entering said parking space shall immediately proceed to a Pay and
Display machine to purchase a ticket for the needed time, which must be displayed in the vehicle
according to the rules provided on the ticket or machine. Said parking space may then be used by
such vehicle during the legal parking limit provided. No person may park within a Pay and
Display area without purchasing and displaying an appropriate ticket.
(G) Overtime parking. A vehicle shall be considered as unlawfully parked if it remains in a space
regulated by a parking meter or in a pay and display area beyond the legal parking limit.
Use of slugs prohibited. It shall be unlawful to deposit or cause to be deposited in any parking meter
any slug, device, or other substitute for a coin of the United States, and it shall be unlawful for any person
to deface, injure, tamper with, open, willfully break, destroy or impair the usefulness of any parking
meter, pay station or part thereof.
(H) No refunds. The City will not issue refunds for unused time that was paid for at a parking meter
or pay station.
(I) Revenues. Unless superseded by other agreements approved by the Common Council, all revenues
collected from parking meters and pay stations shall be deposited into the Parking Utility fund.
SECTION 27-38 REPEALED Reserved – (formerly LOCATIONS OF PARKING METERS)
SECTION 27-39 ReservedREPEALED 11/11/14 – (Formerly - PARKING PERMITS)
SECTION 27-40 ReservedREPEALED 11/11/14 – (Formerly - PERMIT PARKING AREAS)
SECTION 27-41 ReservedREPEALED 11/11/14 – (Formerly - LEASED PARKING AREAS)
SECTION 27-42 Reserved USE OF METER REVENUE
(J) For parking facilities. The net revenue resulting from the operation of said parking meters after the
deduction of the original cost, cost of replacements, repairs and surety bond as hereinbefore
provided, and cost of collection, enforcement and administration, shall be placed in the parking
utility fund, the purpose of which fund shall be to make provisions for off street parking lots; said
fund to be used for said purpose as the Council may from time-to-time direct. Any unexpended
balances in said fund are not to become part of the General Fund of the City and the City Treasurer
shall keep a separate bank account thereof so that funds are not commingled with other City funds.
All earnings, upon investment of said fund, shall when received be and constitute an addition to
the fund. However, any advances made from the General Fund to provide for street parking by
lots purchased or other method of acquisition of parking sites, pending the accumulation of
sufficient receipts from the operation of the parking meters herein authorized to provide such
parking sites, shall be reimbursed out of the parking utility fund when sufficient moneys
accumulate therein.
(B) Parking meter revenues enacted as a police power ordinance. The payment of the sums required
to be deposited in said meters is hereby levied as a police regulation and inspection fee to cover
the cost of providing parking spaces, parking meters, and installation and maintenance thereof;
the cost of regulation and inspection, operation, control and use of the parking meter spaces in
zones created herein; for the regulation and control of traffic moving in and out of and parking
in said spaces and zones so created; and for the cost of any resultant traffic administration
expense.
SECTION 27-43 Reserved CAPPING METERS
(A) Loading zones. Persons entitled to loading zones shall apply to the Chief of Police for this
privilege; and loading zones shall be authorized when approved by the Chief or designee. The
Chief of Police or designee shall furnish hoods or caps, or window placards for use in non-
metered parking spaces, to those applicants who are eligible. Any person granted such loading
zone privilege, who shall leave a meter capped or whose vehicle remains in the non-metered
parking space after the time as determined by the Chief of Police or designee shall be guilty of a
violation.
(K) For business purposes; fees. The Chief of Police or designee may issue hoods or caps for parking
meters, or placards for use in non-metered parking spaces, for a fee of Two Dollars ($2.00) per day
or Seven Dollars and Fifty Cents ($7.50) per week, or Twenty-five Dollars ($25.00) per month to all
persons who make application therefor whenever in the opinion of the Chief of Police or designee
the use of a hood or cap, or window placard is a practical necessity for short-tem, construction or
business purposes only. This special permit is not to be used for residential purposes or in lieu of
any other parking permit process under this Chapter. A record of all hoods or caps, or placards
issued and moneys collected shall be kept by the Police Department; and the moneys shall be
turned over to the City Treasurer once a month for deposit in the parking meter fund.
Commented [LL23]: Moved to 27-22 General
parking rules and amended
(C) Vehicles using this privilege shall comply with all rules and regulations governing parking within
the City. Any placard used under this section shall be placed over the rearview mirror of the
front windshield or in such other conspicuous place as the Police Department may designate,
while the motor vehicle is in a parked position. If in the opinion of the Chief of Police, the
privilege herein authorized is misused by any applicant, the Chief shall forthwith revoke said
privilege and repossess the hood or cap, or placard, and the balance of any fee paid for said
privilege shall not be returnable.
(I) Violation. No person shall park a vehicle in any loading zone or meter stall where the meter is
capped, except persons operating under loading zone or meter capping, or placard privileges.
SECTION 27-44 Reserved PARKING OF VEHICLES
(A) Proper parking and payment. When any vehicle shall be parked next to a parking meter, the
owner or operator shall park within the area designated by the curb or street marking lines, and
upon entering said parking space shall immediately deposit in the meter a coin or coins up to the
amount needed for the maximum legal parking limit using denominations of coins and amounts
thereof as prescribed on the face of the meter.
(B) Overtime parking. Said parking space may then be used by such vehicle during the legal parking
limit provided or such fraction thereof as the amount of the coins deposited bear to the cost of the
legal limit; and said vehicle shall be considered as unlawfully parked if it remains in said space
beyond the legal parking limit or such fraction thereof as the coin or coins deposited bear to the
cost for the legal limit or when said parking meters display a signal showing illegal parking.
(C) Proper parking and payment for Pay and Display Areas. When a vehicle is parked in a Pay and
Display area, the owner or operator shall park within the area designated by the curb or street
marking lines and upon entering said parking space shall immediately proceed to a Pay and
Display machine to purchase a ticket for the needed time, which must be displayed in the vehicle
according to the rules provided on the ticket or machine. Said parking space may then be used
by such vehicle during the legal parking limit provided, and if said vehicle remains beyond the
legal parking limit it shall be considered unlawfully parked.
SECTION 27-45 through 27-51 RESERVED Reserved (Formerly - TWO (2) HOUR METERED
CITY OWNED PARKING LOT)
SECTION 27-46 RESERVED (Formerly - PARKING PERMITS)
SECTION 27-47 RESERVED (Formerly - MUNICIPAL PARKING RAMPS)
SECTION 27-48 RESERVED (Formerly - PERMIT PARKING AREAS)
SECTION 27-49 RESERVED (Formerly - LEASED PARKING AREAS)
SECTION 27-50 RESERVED (Formerly -WEST 8TH AVENUE PARKING LOT)
SECTION 27-51 RESERVED (Formerly - WEST TENTH AVENUE PARKING LOT)
ARTICLE VII. ENFORCEMENT OF PARKING RESTRICTIONS
SECTION 27-52 ENFORCEMENT OF PARKING RESTRICTIONS
A. Traffic officers observing violations of the parking restrictions specified within this chapter may
issue parking tickets which shall be attached to the vehicle parked in violation. Each parking
ticket shall specify:
1. The location of the vehicle parking in violation of the provisions of this chapter.
2. The license plate number, state of licensing, and make of the vehicle.
3. The time at which such vehicle is parking in violation of the provisions of this chapter.
4. Any other facts the traffic officer deem appropriate.
B. Every Overtime Parking. A vehicle that remains in excess of the time period fixed by ordinance
and posted shall be in violation of the overtime parking provisions contained in this ordinance.
Except for violations of overnight parking restrictions, in all areas, including those areas where
the time limit is less than one hour regulated by parking metersan Application Based Parking
Management System or by sign, a separate violation occurs every hour that the vehicle remains
in violation.
B.
C. Pay and Display Violation: Penalties for violations of pay and display stations owned by the
University of Wisconsin-Oshkosh and installed on City streets are established by the University
of Wisconsin-Oshkosh pursuant to the authority granted to the Board of Regents of the University
of Wisconsin system under section 20.285(1)(h), 36.11(8)(a) and 36.11(9)(b) Wis. Stats. and in turn
granted by the Board of Regents to the chancellor. It is the intention of this ordinance to include
by such reference all provisions in effect at the time of the adoption of this ordinance or future
amendments, revisions or recodificiation effective upon adoption by the Board of Regents of the
University of Wisconsin System.Reserved.
DC. Permit/Leased Stall Violations. A separate violation occurs every hour that a vehicle
remains in a permitted/leased stall without a proper permit/lease in violation of the provisions of
this Chapter.
Formatted: Indent: Left: 0.5", No bullets or numbering
Commented [LL24]: Pay and Display stations
have been removed – both City and University
have moved to app based systems
SECTION 27-53 BASIC PENALTIES FOR VIOLATIONS UPON ISSUANCE OF PARKING
TICKET
The basic penalty for violation of the listed parking violations shall be as follows:
No parking 2 a.m. to 5 a.m. .................................... $30
Parked on private property ................................... $30
Prohibited parking (signed) .................................. $30
Unauthorized Use of Permit/Leased Stall……….$30
Overtime parking violation ................................... $20
Failure to properly displayobtain valid parking permit $20
Fraudulent use of parking permit ......................... $50
Disabled Parking Violation ................................. $250
Fire lanes .................................................................. $50
Other violations ...................................................... $30
SECTION 27-54 PAYMENT OF PARKING VIOLATIONS; TIME LIMITS; FAILURE TO PAY
PARKING TICKETS
Each owner or operator shall pay to the City as a penalty the basic penalty established for the violation
as enumerated in section 27-53. Failure to make payment of the penalty, or to appeal or contest the ticket
within ten (10) days of the issuance of the ticket, shall result in the issuance of a written notice of violation.
With the issuance of the written notice of violation, a fifteen dollar ($15.00) administrative fee shall be
assessed to the basic penalty amount. Failure to make payment of the basic penalty and administrative
fees as assessed, or to contest the ticket within thirty (30) days of the issuance of the ticket, shall result in
suspension of the vehicle registration and the assessment of an additional administrative fee of twenty
dollars for a total administrative fee of thirty five dollars ($35.00) added to the original basic penalty
amount.
The time within which payment shall be made in this section shall be computed by excluding the day of
issuance of the parking ticket and including the last day of the specified time period.
For tickets issued by University of Wisconsin - Oshkosh authorized “traffic officers”, penalties provided
within this section, including administrative fees shall be paid to the University of Wisconsin and the
University of Wisconsin shall be responsible to provide for a procedure for payment. The University of
Wisconsin Oshkosh Police Department may participate in the Traffic Violation and Registration Program
through the State of Wisconsin Department of Transportation Division of Motor Vehicles pursuant to
Section 345.28 of the Wisconsin Statutes.
For tickets issued by UW-Oshkosh authorized “traffic officers”, the penalties are established by the
University of Wisconsin-Oshkosh pursuant to the authority granted to the Board of Regents of the
University of Wisconsin system under sections 20.285(1)(h), 36.11(8)(a) and 36.11(9)(b), Wis. Stats. and in
turn granted by the Board of Regents to the chancellor. It is the intention of this ordinance to include by
such reference all provisions in effect at the time of the adoption of this ordinance or future amendments,
revisions or recodification effective upon adoption by the Board of Regents or the University of
Wisconsin system.
SECTION 27-55 TRAFFIC VIOLATIONS AND REGISTRATION PROGRAM
In addition to all other methods of collecting parking fines provided for in this Section, the proper City
officials are hereby authorized and directed to use the procedures provided for in Section 345.28 of the
Wisconsin Statutes and to take all actions authorized under said Section with regard to suspension of the
registration of motor vehicles with unpaid citations.
SECTION 27-56 PROCEDURE FOR CONTESTING PARKING TICKETS
A. Timing of Appeals. Administrative Appeals must be taken within 30 days of the date of issuance
of the ticket. Appeals to the Circuit Court must be taken with 30 days of the date of issuance of
the ticket, or within 10 days of an Administrative Appeal decision.
B. Administrative Appeals. The City of Oshkosh elects not to be bound by the provisions of Chapter
68 of the Wisconsin Statutes pertaining to appeals under this Article and has adopted a Policy for
Appeals from Parking Tickets. Such Policy shall be kept on file in the offices of the Police
Department and Parking Utility and shall be published upon the City Website. A person who has
been issued a parking ticket for violation of this article may appeal such ticket by completing an
appeal form and submitting such form according to the Policy.
C. Appeals to Circuit Court. In lieu of an Administrative Appeal, or after an Administrative Appeal
has been denied, a person who has been issued a parking ticket for violation of this article may
request a hearing regarding such violation. The person shall be issued a summons and citation
and such proceedings shall thereafter be governed by §345.34 to 345.47 Wis. Stats.
D. Effect of Appeal/Payment Time Limits.
1. If an owner or operator of a vehicle receiving a parking ticket makes an appeal of the
ticket, either administratively or to the circuit court, such appeal shall have the effect of
staying the time limits within which payment shall be made as specified in section 27-54
above.
2. If upon appeal, the reviewing body determines the ticket is void, then all associated
penalties and administrative charges shall also be voided and shall no longer be owed.
3. If the appeal of the ticket is denied, payment of the penalty and all administrative fees that
had accrued to the date of the appeal must be made within 10 days of issuance of the
written notification of the denial. If payment is not made within 10 days of the date of
written notification of the denial of the appeal, then the time limits specified within section
27-54 shall no longer be stayed and time shall be counted forward with the 11th day after
the appeal being counted as the first additional day for purposes of the time limits set
forth in section 27-54 above proceeding from the day the appeal was filed.
E. For tickets issued by University of Wisconsin - Oshkosh authorized “traffic officers”, the
University of Wisconsin shall be responsible to provide for establishing a procedure for
processing of any appeals and for the prosecution and defense of any citations issued. Any
appeals shall be directed to the University of Wisconsin Oshkosh Police Department who shall
review and administer those appeals in accordance with their policy.
TO :T O :Honorable Mayor and Members of the Common Council
FRO M :FRO M :James Rabe, Director of Public Works
D A TE :D A T E :April 08, 2025
SUB JEC T:SUB JEC T :Ord 25-164 Amend Chapter 21 of the City of Oshkosh Municipal Code Pertaining to Public
Construction and Services / Methods of Payment / Special Charges / Special Assessments to
Reorganize the Chapter and Revise Article Pertaining to Payment of Connection Charges
B A C KGRO UN DBACKGROUND
The City of Oshkosh utilizes special assessments to recover some, or all, of the cost of new utility
infrastructure. It is sometimes necessary to install utility infrastructure past parcels that are not within the
City of Oshkosh at the time of construction. The special assessments that would have been due had the
parcels been in the City become connection charges against the property. When those connection
charges become due depends on the amount of time that has passed between the special
assessments being levied for the construction project and the property attaching/annexing into the City
of Oshkosh.
Sect ion 21-10Section 21-10 of the City of Oshkosh Municipal Code currently requires that if special assessments were
levied more than ten (10) years prior to an adjacent property attaching/annexing, the connection
charge is due in full at the time of attachment/annexation. If the special assessments were levied less
than ten (10) years prior to an adjacent property attaching/annexing, the property owner would have
the option of spreading the connection charge out over any time remaining in a ten-year time frame
from when the special assessments were levied. For example, if the special assessments were levied
eight (8) years prior to a property attaching/annexing, the property owner would have the ability to
spread the connection charge over two (2) years.
At the January 14, 2025 Common Council meeting, Staff presented an option to update the Municipal
Code that could be done to provide increased payment options relating to connection charges for
properties that attach/annex into the City of Oshkosh. This Municipal Code update is independent of the
other options being explored to provide property owners more time to pay special assessments.
A N A L Y SI SANALYSIS
The proposed updates to Cha p t er 21Chapter 21 would grant all property owners with connection charges the
ability to spread those costs over the same time periods that property owners with special assessments
currently have. A property attaching/annexing into the City of Oshkosh would have the option to pay
the connection charge in full upon invoicing, pay in full on the first property tax bill, or spread the cost
over five, ten, or fifteen years. For all installment plans, the same interest rate would apply as applies to
special assessments at the time of invoicing the connection charge.
This Municipal Code update also codifies the current operating procedure for notifying property owners
that are petitioning for annexation to the City of pending connection charges. The Code update further
adds a notification of pending connection charges process for properties that will be attaching per an
approved boundary agreement.
This Code update does not address questions that have come up regarding the requirement of property
owners to connect to City utilities. Those requirements are found in C ha p t e r 20 -- Plumb ing of t heChapter 20 -- Plumb ing of t he
M unicip a l C od eMunicipal C o d e . Community Development Director Kelly Nieforth has indicated that Cha p t er 20Chapter 20 will
be included in the overall process improvement review that is being conducted.
FI SC A L I M P A CTFISCAL I M P A C T
The specific fiscal impact of updating the Municipal Code is difficult to quantify. There are some
increased carrying costs due to connection charges being spread out over more time than the Municipal
Code currently allows for. Staff believes the benefits to the adjacent property owners in having
significantly more options for repayment outweigh the costs.
REC O M M E N D A TI ONRECOMMENDATION
I recommend approval of the amendments to C ha p t e r 21Chapter 21 .
A t t a chment sAttachments
ORD 25-164
Connection Charges update - clean
Connection Charges update - redline
4/8/2025 25-164 ORDINANCE
SECOND READING
3/25/2025 25-140 ORDINANCE
FIRST READING
CARRIED 6-0
PURPOSE: AMEND INTRODUCTORY PARAGRAPH; AMEND SECTIONS 21-5, 21-6, 21-7, AND 21-8; CREATE SECTION
21-4.2 AND DELETE SECTION 21-10 OF THE MUNICIPAL CODE ALL PERTAINING TO THE IMPOSITION AND
COLLECTION OF CONNECTION CHARGES RELATED TO EXISTING PUBLIC IMPROVEMENTS FOR PROPERTY
ANNEXING OR ATTACHING TO THE CITY OF OSHKOSH
INITIATED BY : CITY ADMINISTRATION
A GENERAL ORDINANCE OF THE CITY OF OSHKOSH AMENDING VARIOUS PROVISIONS OF CHAPTER 21 OF THE
OSHKOSH MUNICIPAL CODE PERTAINING TO THE IMPOSITION AND PAYMENT OF CONNECTION CHARGES
RELATED TO EXISTING PUBLIC IMPROVEMENTS FOR PROPERTY ANNEXING OR ATTACHING TO THE CITY OF
OSHKOSH
WHEREAS, the City of Oshkosh utilizes special assessments to finance certain public construction under the
provisions of Wisconsin State Statutes and Chapter 21 of the City of Oshkosh Municipal Code; and
WHEREAS, the City cannot assess property within areas not within the corporate boundaries without
consent of the neighboring jurisdiction and permitting connection of the property to the public utility; and
WHEREAS, the City collects charges that would have been assessed to properties which are annexing or
attaching to the City through a connection charge at the time of annexation or attachment; and
WHEREAS, imposition of the connection charge as a lump sum at the time of annexation/attachment can
be burdensome on the property owners and Council directed staff to provide annexing/attaching property
owners with the ability to spread the costs of connection over time in the same or similar manner as provided
to property owners with city assessments.
NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of Oshkosh as follows:
SECTION 1. That introductory paragraph to Chapter 21 and Sections 21-5, 21-6, 21-7, and 21-8 of the
Oshkosh Municipal Code are hereby repealed and recreated and that Section 21-4.2 is hereby created to
read as shown on the attachment to this Ordinance.
SECTION 2. That Section 21-10 of the Oshkosh Municipal Code is hereby repealed.
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 #25-164 on
SECTION 4. Publication Notice. Please take notice that the City of Oshkosh enacted ordinance #25-164 on
April 8, 2025 AMEND INTRODUCTORY PARAGRAPH; AMEND SECTIONS 21-5, 21-6, 21-7, AND 21-8; CREATE
SECTION 21-4.2 AND DELETE SECTION 21-10 OF THE MUNICIPAL CODE ALL PERTAINING TO THE IMPOSITION AND
COLLECTION OF CONNECTION CHARGES RELATED TO EXISTING PUBLIC IMPROVEMENTS FOR PROPERTY
ANNEXING OR ATTACHING TO THE CITY OF OSHKOSH (A GENERAL ORDINANCE OF THE CITY OF OSHKOSH
AMENDING VARIOUS PROVISIONS OF CHAPTER 21 OF THE OSHKOSH MUNICIPAL CODE PERTAINING TO THE
IMPOSITION AND PAYMENT OF CONNECTION CHARGES RELATED TO EXISTING PUBLIC IMPROVEMENTS FOR
PROPERTY ANNEXING OR ATTACHING TO THE CITY OF OSHKOSH). The ordinance updates and clarifies code
provisions pertaining to the imposition and collection of connection charges for properties that were not
within the corporate boundaries of the City of Oshkosh at the time certain public improvements were made
and therefore did not pay for those improvements at that time, but later annex or attach to the City. The
ordinance will allow those properties receiving a connection charge to pay the charge in full or spread
payments over 5, 10 or 15 years.
The full text of the ordinance may be obtained at the Office of the City Clerk, 215 Church Avenue and
through the City’s website at www.oshkoshwi.gov Clerk’s phone: 920/236-5011.
City of Oshkosh Municipal Code
Revisions thru
City of Oshkosh Chapter 21 – Page 1 Municipal Code
CHAPTER 21
PUBLIC CONSTRUCTION AND SERVICES / METHODS OF PAYMENT /
SPECIAL CHARGES / SPECIAL ASSESSMENTS / CONNECTION CHARGES
ARTICLE I. SPECIAL CHARGES
21-1 Special Charges
ARTICLE II. SPECIAL ASSESSMENTS
21-2 Special Assessments Policy
21-3 Special Assessments Authorized
21-4 Certification of Final Assessments / Notice of Election of Installment Payments
21-4.2 Payment of Connection Charges
21-5 Payment in Full
21-6 Five-Year Installment Plan
21-7 Ten-Year Installment Plan
21-8 Fifteen-Year Installment Plan
21-9 Prorated Interest
21-11 Special Assessments – Deferred Payment
21-12 Severability
PUBLIC CONSTRUCTION AND SERVICES / METHODS OF PAYMENT /
SPECIAL CHARGES / SPECIAL ASSESSMENTS
The City of Oshkosh finds that it is necessary to protect the health, safety, welfare and property of its
residents and business owners through the installation, construction, reconstruction and maintenance of
public works and facilities including but not limited to water mains, services, and appurtenances;
sanitary sewer mains, services and appurtenances; storm sewers mains, services and appurtenances;
public streets and sidewalk; bike and pedestrian ways; landscaping; street lighting and associated
amenities.
The City of Oshkosh also finds that it is necessary to provide reasonable, equitable and sustainable
funding sources for these purposes which may include public financing through bonding or other means
as provided within this Chapter including special assessments, special charges, financing through
utilities and payment of connection charges by properties that abut public improvements which have
not previously paid toward those improvements when those properties annex/attach to the City. The
City has created and maintains separate utilities for water (Chapter 28 of this Municipal Code),
wastewater (Chapter 24 of this Municipal Code), and storm water (Chapter 14 of this Municipal Code)
and hereby authorizes the use of special charges, special assessments and connection charges for costs
associated with those utilities.
City of Oshkosh Municipal Code
Revisions thru
City of Oshkosh Chapter 21 – Page 2 Municipal Code
ARTICLE I. SPECIAL CHARGES
SECTION 21-1 SPECIAL CHARGES
Special Charges may be imposed against real property for current services rendered by allocating all or
part of the cost of the service, together with an administrative fee as may be adopted by Resolution of
the Council, to the property benefited as provided in Sec. 66.0627 of the Wisconsin Statutes. Where such
charge is specifically authorized by a specific provision within this Municipal Code, such provision shall
constitute notice of the special charge, except as additional notice may be required by statute or
ordinance.
ARTICLE II. SPECIAL ASSESSMENTS
SECTION 21-2 SPECIAL ASSESSMENTS POLICY
The City of Oshkosh “Policy for Special Assessments” as adopted by the Common Council shall be kept
on file in the Office of the City Clerk, the Finance Department and in the Office of the City Engineer
within the Department of Public Works for the City of Oshkosh. Copies of the Policy shall be available
for public inspection during usual business hours.
SECTION 21-3 SPECIAL ASSESSMENTS AUTHORIZED
(A) In addition to any other methods provided by law, the cost of installing, constructing or
maintaining any public improvement or providing any current service may be charged in whole
or in part to properties benefitting from the installation, construction or maintenance of the public
improvements or current service and special assessments may be levied against the properties
benefited in accordance with Subchapter VII of Chapter 66 of the Wisconsin Statutes and the
City’s Special Assessment Policy. Any assessments not provided for within the policy or
deviations from the provisions of the Special Assessment Policy shall be specifically approved by
the Common Council. Upon certification, property owners may pay the assessment in
accordance with the following sections.
(B) Any special assessment levied under this ordinance shall be a lien against the property assessed
from the date of the final resolution determining the amount of the levy.
(C) Any person against whose property a special assessment is levied may appeal therefrom in the
manner prescribed by Section 66.0703 of the Wisconsin Statutes within ninety (90) days of the
date of the final resolution.
SECTION 21-4 CERTIFICATION OF FINAL ASSESSMENTS / NOTICE OF ELECTION OF
INSTALLMENT PAYMENTS
(A) Upon acceptance of the particular public improvement involved, the Board of Public Works shall
issue a Certification of Final Levy of Special Assessments similar to the Certificate specified in
Section 66.0713 of the Wisconsin Statutes.
City of Oshkosh Municipal Code
Revisions thru
City of Oshkosh Chapter 21 – Page 3 Municipal Code
(B) Upon certification of the project by the Board of Public Works:
(1) The City Clerk shall publish as a Class 1 Notice, an Installment Assessment Notice similar to
the notice specified in Section 66.0715(3)(e) of the Wisconsin Statutes stating that the City has
determined to permit collection of the same in annual installments as specified in this Article
and the initial and final resolutions of Council.
(2) The Finance Director shall notify all property owners who are eligible to make an election for
payment under the provisions of this Article that they shall have thirty (30) days from the
date of the notification to select a payment option.
(C) The election to utilize an installment plan as provided in Sections 21-6 through 21-8 below shall
be made in writing by the property owner on forms supplied by the Finance Department.
SECTION 21-4.2 PAYMENT OF CONNECTION CHARGES
Except as may otherwise be prohibited by Wisconsin Statutes or Rules of the Public Service Commission,
property annexing or attaching to the City which have not previously been assessed or otherwise paid
for a public benefit that abuts the property shall be invoiced and pay a connection charge, which is
calculated at rates equal to the special assessments previously levied against benefiting properties
located within the City limits for public storm sewer, public sanitary sewer main and/or public water
main, at such time as the annexation procedure is officially completed.
At the time an annexation petition or request for attachment is filed or at a date no later than 3 months
prior to the date established by an applicable boundary agreement for area attachments, the Department
of Community Development shall provide the property owner(s) an estimate of any anticipated
connection charges and information pertaining to options for payment and shall notify the Department
of Public Works and Finance Director of the pending annexation or attachment.
After final council action on the annexation/attachment, the Finance Director shall notify all property
owners of the actual amount of the connection charge(s) and if property owners are eligible to make an
election for payment under the provisions of this Article, that the property owner shall have thirty (30)
days from the date of the notification to select a payment option. The election to utilize an installment
plan as provided in Sections 21-6 through 21-8 below shall be made in writing by the property owner on
forms supplied by the Finance Department.
SECTION 21-5 PAYMENT IN FULL
Upon notification by the Finance Director pursuant to Section 21-4 or 21-4.2 above, an owner may pay
the special assessment/connection charge in full prior to November 1st; elect to pay the entire
assessment/connection charge on that year’s property tax bill or may select one of the installment plans
provided below.
City of Oshkosh Municipal Code
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City of Oshkosh Chapter 21 – Page 4 Municipal Code
SECTION 21-6 FIVE-YEAR INSTALLMENT PLAN
The first installment shall include a one-fifth (1/5) portion of the principal of the assessment/connection
charge. Each subsequent installment shall include a like portion of the principal and one (1) year's interest
at the rate of six (6) percent per y1wazear upon the unpaid portion of such assessment/connection charge.
SECTION 21-7 TEN-YEAR INSTALLMENT PLAN
(A) The property owner shall be deemed to accept this plan unless the property owner pays the
amounts due by November 1st in accordance with section 21-5 or files with the Finance Director
an election to pay the special assessment/connection charge in accordance with section 21-6 or
section 21-8.
(B) The first installment shall include a one-tenth (1/10) portion of the principal of the
assessment/connection charge. Each subsequent installment shall include a like portion of the
principal and one (1) year's interest at the rate of six (6) percent per year upon the unpaid portion
of such assessment/connection charge.
SECTION 21-8 FIFTEEN-YEAR INSTALLMENT PLAN
The first installment shall include a one-fifteenth (1/15) portion of the principal of the
assessment/connection charge. Each subsequent installment shall include a like portion of the principal
and one (1) year’s interest at the rate of six (6) percent per year upon the unpaid portion of such
assessment/connection charge.
SECTION 21-9 PRORATED INTEREST
Any property owner on an installment basis may pay all remaining installments, or any part thereof,
together with interest at the rate of six (6) percent per year through the day of receipt of payment,
provided, however, that between November 1 and December 31 of each year, the one (1) installment with
interest which is placed on the current tax roll must be paid as shown on the tax roll.
SECTION 21-11 SPECIAL ASSESSMENTS - DEFERRED PAYMENT
The Common Council may by resolution direct the Finance Director to pay all, or any portion of special
assessments or special charges extended upon the current or next tax roll for any property the Council
determines shall be eligible for deferment for payment. The Council may provide for annual interest
upon any amounts deferred under this provision.
SECTION 21-12 SEVERABILITY
In the event any section, subsection, clause, phrase or portion of this ordinance is for any reason held
illegal, invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed
a separate, distinct and independent provision, and such holding shall not affect the validity of the
remainder of this ordinance. It is the legislative intent of the Common Council that this ordinance would
have been adopted if such illegal provision had not been included or any illegal application had not been
made.
City of Oshkosh Municipal Code
Revisions thru 09/12/23
City of Oshkosh Chapter 21 – Page 1 Municipal Code
CHAPTER 21
PUBLIC CONSTRUCTION AND SERVICES / METHODS OF PAYMENT /
SPECIAL CHARGES / SPECIAL ASSESSMENTS / CONNECTION CHARGES
ARTICLE I. SPECIAL CHARGES
21-1 Special Charges
ARTICLE II. SPECIAL ASSESSMENTS
21-2 Special Assessments Policy
21-3 Special Assessments Authorized
21-4 Certification of Final Assessments / Notice of Election of Installment Payments
21-4.2 Payment of Connection Charges
21-5 Payment in Full
21-6 Five-Year Installment Plan
21-7 Ten-Year Installment Plan
21-8 Fifteen-Year Installment Plan
21-9 Prorated Interest
21-10 Payment of Connection Charges
21-11 Special Assessments – Deferred Payment
21-12 Severability
PUBLIC CONSTRUCTION AND SERVICES / METHODS OF PAYMENT /
SPECIAL CHARGES / SPECIAL ASSESSMENTS
The City of Oshkosh finds that it is necessary to protect the health, safety, welfare and property of its
residents and business owners through the installation, construction, reconstruction and maintenance of
public works and facilities including but not limited to water mains, services, and appurtenances;
sanitary sewer mains, services and appurtenances; storm sewers mains, services and appurtenances;
public streets and sidewalk; bike and pedestrian ways; landscaping; street lighting and associated
amenities.
The City of Oshkosh also finds that it is necessary to provide reasonable, equitable and sustainable
funding sources for these purposes which may include public financing through bonding or other means,
as provided within this Chapter including special assessments, special charges and, financing through
utilities and payment of connection charges by properties that abut public improvements which have
not previously paid toward those improvements when those properties annex/attach to the City. The
City has created and maintains separate utilities for water (Chapter 28 of this Municipal Code),
wastewater (Chapter 24 of this Municipal Code), and storm water (Chapter 14 of this Municipal Code)
and hereby authorizes the use of special charges, special assessments and connection charges for costs
associated with those utilities.
Commented [LL1]: While some sections are
not recommended for amendment in the
draft ordinance, we are providing all
sections in the redline to provide
context surrounding the recommended
amendments.
Commented [LL2]: Changes include
clarification and specific mention of
connection charges within this section
City of Oshkosh Municipal Code
Revisions thru 09/12/23
City of Oshkosh Chapter 21 – Page 2 Municipal Code
ARTICLE I. SPECIAL CHARGES
SECTION 21-1 SPECIAL CHARGES
Special Charges may be imposed against real property for current services rendered by allocating all or
part of the cost of the service, together with an administrative fee as may be adopted by Resolution of
the Council, to the property benefited as provided in Sec. 66.0627 of the Wisconsin Statutes. Where such
charge is specifically authorized by a specific provision within this Municipal Code, such provision shall
constitute notice of the special charge, except as additional notice may be required by statute or
ordinance.
ARTICLE II. SPECIAL ASSESSMENTS
SECTION 21-2 SPECIAL ASSESSMENTS POLICY
The City of Oshkosh “Policy for Special Assessments” as adopted by the Common Council shall be kept
on file in the Office of the City Clerk, the Finance Department and in the Office of the City Engineer
within the Department of Public Works for the City of Oshkosh. Copies of the Policy shall be available
for public inspection during usual business hours.
SECTION 21-3 SPECIAL ASSESSMENTS AUTHORIZED
(A) In addition to any other methods provided by law, the cost of installing, constructing or
maintaining any public improvement or providing any current service may be charged in whole
or in part to properties benefitting from the installation, construction or maintenance of the public
improvements or current service and special assessments may be levied against the properties
benefited in accordance with Subchapter VII of Chapter 66 of the Wisconsin Statutes and the
City’s Special Assessment Policy. Any assessments not provided for within the policy or
deviations from the provisions of the Special Assessment Policy shall be specifically approved by
the Common Council. Upon certification, property owners may pay the assessment in
accordance with the following sections.
(B) Any special assessment levied under this ordinance shall be a lien against the property assessed
from the date of the final resolution determining the amount of the levy.
(C) Any person against whose property a special assessment is levied may appeal therefrom in the
manner prescribed by Section 66.0703 of the Wisconsin Statutes within ninety (90) days of the
date of the final resolution.
SECTION 21-4 CERTIFICATION OF FINAL ASSESSMENTS / NOTICE OF ELECTION OF
INSTALLMENT PAYMENTS
City of Oshkosh Municipal Code
Revisions thru 09/12/23
City of Oshkosh Chapter 21 – Page 3 Municipal Code
(A) Upon acceptance of the particular public improvement involved, the Board of Public Works shall
issue a Certification of Final Levy of Special Assessments similar to the Certificate specified in
Section 66.0713 of the Wisconsin Statutes.
(B) Upon certification of the project by the Board of Public Works:
(1) The City Clerk shall publish as a Class 1 Notice, an Installment Assessment Notice similar to
the notice specified in Section 66.0715(3)(e) of the Wisconsin Statutes stating that the City has
determined to permit collection of the same in annual installments as specified in this Article
and the initial and final resolutions of Council.
(2) The Finance Director shall notify all property owners who are eligible to make an election for
payment under the provisions of this Article that they shall have thirty (30) days from the
date of the notification to select a payment option.
(C) The election to utilize an installment plan as provided in Sections 21-6 through 21-8 below shall
be made in writing by the property owner on forms supplied by the Finance Department.
SECTION 21-4.2 PAYMENT OF CONNECTION CHARGES
Except as may otherwise be prohibited by Wisconsin Statutes or Rules of the Public Service Commission,
property annexing or attaching to the City which have not previously been assessed or otherwise paid
for a public benefit that abuts the property shall be invoiced and pay a connection charge, which is
calculated at rates equal to the special assessments previously levied against benefiting properties
located within the City limits for public storm sewer, public sanitary sewer main and/or public water
main, at such time as the annexation procedure is officially completed.
At the time an annexation petition or request for attachment is filed or at a date no later than 3 months
prior to the date established by an applicable boundary agreement for area attachments, the Department
of Community Development shall provide the property owner(s) an estimate of any anticipated
connection charges and information pertaining to options for payment and shall notify the Department
of Public Works and Finance Director of the pending annexation or attachment.
After final council action on the annexation/attachment, The the Finance Director shall notify all property
owners of the actual amount of the connection charge(s) and if property owners who are eligible to make
an election for payment under the provisions of this Section Article, that they the property owner shall
have thirty (30) days from the date of the notification to select a payment option. The election to utilize
an installment plan as provided in Sections 21-6 through 21-8 below shall be made in writing by the
property owner on forms supplied by the Finance Department.
SECTION 21-5 PAYMENT IN FULL
Upon notification by the Finance Director pursuant to Section 21-4 or 21-4.2 above, an owner may pay
the special assessments/connection charge in full prior to November 1st; elect to pay the entire
assessment/connection charge on that year’s property tax bill or may select one of the installment plans
provided below.
Commented [LL3]: Renaming this section to
use current terminology of “connection
charges”; moving placement within the
ordinance for better flow; and modifying
as noted below.
Commented [LL4]: Clarification in this
section to add attachments and that only
charges not previously assessed or
otherwise paid.
Commented [LL5]: This is current process,
adding it to clearly require property
owners be notified prior to council
action and provided an estimate of
connection charges that may be imposed.
Commented [LL6]: This is also current
process with special assessments from
section 21-4 above, modified to clarify
for connection charges that Finance will
provide final amount that is due and
options for selection of payment plans
upon final council action on the
annexation/attachment ordinance.
Commented [LL7]: Connection charges are
proposed to be incorporated into general
payment plan process. Property owners
annexing or attaching will now have the
option for a 5-10-15 year payment plan
from the date of annexation/attachment;
regardless of when the assessment was
levied.
City of Oshkosh Municipal Code
Revisions thru 09/12/23
City of Oshkosh Chapter 21 – Page 4 Municipal Code
SECTION 21-6 FIVE-YEAR INSTALLMENT PLAN
The first installment shall include a one-fifth (1/5) portion of the principal of the assessment/connection
charge. Each subsequent installment shall include a like portion of the principal and one (1) year's interest
at the rate of six (6) percent per year upon the unpaid portion of such assessment/connection charge.
SECTION 21-7 TEN-YEAR INSTALLMENT PLAN
(A) The property owner shall be deemed to accept this plan unless the property owner pays the
amounts due by November 1st in accordance with section 21-5 or files with the Finance Director
an election to pay the special assessments/connection charge in accordance with section 21-6 or
section 21-8.
(B) The first installment shall include a one-tenth (1/10) portion of the principal of the
assessment/connection charge. Each subsequent installment shall include a like portion of the
principal and one (1) year's interest at the rate of six (6) percent per year upon the unpaid portion
of such assessment/connection charge.
SECTION 21-8 FIFTEEN-YEAR INSTALLMENT PLAN
The first installment shall include a one-fifteenth (1/15) portion of the principal of the
assessment/connection charge. Each subsequent installment shall include a like portion of the principal
and one (1) year’s interest at the rate of six (6) percent per year upon the unpaid portion of such
assessment/connection charge.
SECTION 21-9 PRORATED INTEREST
Any property owner on an installment basis may pay all remaining installments, or any part thereof,
together with interest at the rate of six (6) percent per year through the day of receipt of payment,
provided, however, that between November 1 and December 31 of each year, the one (1) installment with
interest which is placed on the current tax roll must be paid as shown on the tax roll.
SECTION 21-10 PAYMENT OF CONNECTION CHARGES
(A) Except as may otherwise be prohibited by Wisconsin Statutes or Rules of the Public Service
Commission, property annexing to the City shall pay a connection charge, which is calculated at
rates equal to the special assessments previously levied against benefiting properties located
within the City limits for public storm sewer, public sanitary sewer main and/or public water
main, at such time as the annexation procedure is officially completed.
(A) Within the first ten (10) years after an assessment is levied, a connection charge may be prorated
Commented [LL8]: Incorporated into new 21-
4.2 above
City of Oshkosh Municipal Code
Revisions thru 09/12/23
City of Oshkosh Chapter 21 – Page 5 Municipal Code
upon request of the property owner. The total amount of the connection charge shall be divided
by the number of years remaining under the original ten (10) year installment plan available to
other property owners and that proportional amount of the principal of the assessment together
with interest thereto at the rate of six (6) percent per year shall be paid each year for the remaining
number of years. The Finance Director shall maintain a schedule of all ten (10) year installment
assessment plans and the payments made thereon. Connection charges from any period greater
than ten (10) years must be paid in full.
SECTION 21-11 SPECIAL ASSESSMENTS - DEFERRED PAYMENT
The Common Council may by resolution direct the Finance Director to pay all, or any portion of special
assessments or special charges extended upon the current or next tax roll for any property the Council
determines shall be eligible for deferment for payment. The Council may provide for annual interest
upon any amounts deferred under this provision.
SECTION 21-12 SEVERABILITY
In the event any section, subsection, clause, phrase or portion of this ordinance is for any reason held
illegal, invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed
a separate, distinct and independent provision, and such holding shall not affect the validity of the
remainder of this ordinance. It is the legislative intent of the Common Council that this ordinance would
have been adopted if such illegal provision had not been included or any illegal application had not been
made.
Commented [LL9]: Deleted – options for
payment of connection charges have been
incorporated into the payment plans
above – property owners annexing or
attaching will now have the option for a
5-10-15 year payment plan from the date
of annexation/attachment; regardless of
when the assessment was levied.
Commented [LL10]: No changes to this
section are proposed at this time as
staff is reviewing deferment options
separately.
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 :April 08, 2025
SUB JEC T:SUB JEC T :*Ord 25-165 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 and brought forth
changes in November 2024. At its December 2024 meeting, the Council tabled the changes for a
workshop. A workshop was held on March 25, 2025.
A N A L Y SI SANALYSIS
A clean and a redlined/annotated version of the current code is attached to this memorandum which
notes the specific changes being recommended and the basis for those changes. Changes include:
1. The Code was updated to reflect current review and processes which were not completely specified
within the Alcohol Beverages Code and references to the specific provisions being applied by reviewers
were added.
2. Staff became aware of the federal district court decision in Bases Loaded Corner Bar, LLC v. Vill. of
Johnson Creek, Case No. 15-cv-1541 (E.D. Wis. Jun. 23, 2020). In Bases Loaded, the Court found that
Johnson Creek violated the Wisconsin Statutes by holding the issuance of a liquor license due to unpaid
taxes. The Bases Loaded Court determined that the statute did not allow for the distinction between
granting and issuance urged by the village and that the village should have filed a non-renewal action
or, upon granting the license, issued the license without conditions. The City of Oshkosh, like many other
municipalities, had previously followed a process similar to the village of Johnson Creek and would hold
licenses for payment of taxes or other conditions-- essentially a conditional grant of license by the council
with issuance upon the payment of the taxes due or completion of repairs to comply with an inspection,
for example. With this court decision, staff recommend removing the distinction between granting and
issuing the license in the city code and providing licensees with information at the time of renewal to
ensure that any amounts due are now paid or that any repairs or corrections needed are completed
prior to council action. The practical result is that those licensees who may have waited until June 30th to
pay the amounts previously, will now be required to pay any amounts due several weeks earlier to avoid
a hearing based on non-payment of amounts due. Similarly, applicants who may have a code violation
for fire or the health department will have to correct that violation prior to council action, rather than
receive a conditional approval with the opportunity to correct it prior to issuance.
3. The City is required to use state forms which do not include a provision for notary (or sworn
statements). Those references have been removed. A general reference to the requirement for all
applicants to be truthful has been added to Section 4-22 of the Code.
FI SC A L I M P A CTFISCAL I M P A C T
It is difficult to estimate the fiscal impact of the proposed revisions in this case. Many reflect current
processes and therefore staff believe 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 25-165
Ch. 4 License Approvals - Clean
Ch 4 License Approvals - redline
04/08/2025 25-165 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 AMENDING SECTIONS 4-3, 4-4,4-5, 4-17.2 AND 4-22 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; and
WHEREAS, the Common Council held a workshop and discussed the proposed revisions and processes for
review and issuance of licenses.
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, 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 4-22(C) of the City of Oshkosh Municipal Code pertaining to all licenses granted
under Chapter 4 is hereby created to read as shown on the attachment to this ordinance.
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 AMENDING SECTIONS 4-3, 4-4,4-5, 4-17.2 AND 4-22 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 ___________, 2025. This ordinance
updates the provisions pertaining to review, granting and issuance of alcohol beverage licenses to clarify
current provisions and to explicitly set forth detail in the current processes within the provisions of the
municipal code. In addition, the revisions specifically require applicants to be truthful in their applications.
Provisions for conditional approval of licenses are removed in compliance with a court decision finding
conditional approvals impermissible under the statutes.
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 on the form 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 shall be processed pursuant to section 125.04
Wisconsin Statutes. To assure efficient processing the City Clerk may request
applications be filed by a date established annually.
(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 a copy of the applicant’s current Wisconsin
State Seller’s permit.
(E) Publication
Applications shall be accompanied by payment of 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.
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.
(2) The Winnebago County Health Department shall inspect the applicant’s
premises for compliance with the Wisconsin Food Code, ATCP 75 Appendix.
(3) The Fire Chief shall inspect the applicant’s premises for compliance with
the State of Wisconsin Fire Code SPS 314.
(4) The Planning Services Division shall review new applications for
compliance with the location requirements of §125.68 Wisconsin Statutes and
Chapter 30 of the Municipal Code governing zoning.
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 or denied.
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 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. 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.
Licenses shall not be granted/issued:
(A) For any premises for which items were identified under section 4-4 above, unless all
conditions have been corrected and verified by reinspection by the Department
identifying the condition.
(B) Unpaid Taxes, Assessments or Special Charges.
1) Premises. 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.
2) Persons. 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.
3) Appeal to the Finance Director from Determinations of Indebtedness to
City.
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 from Determination of the Finance Director
Pertaining to Indebtedness to City.
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.
(C) 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.
(D) To any person who has not provided a copy of their current State of Wisconsin
Seller’s Permit.
For any premises for which does not meet any of the requirements listed above, the City
Clerk shall schedule the matter for Council action which may include non-issuance or
non-renewal as provided in §125.12 Wis. Stats.
ARTICLE IV. OPERATOR'S LICENSES
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 recommendation 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 or withdrawn. Unless withdrawn, the application shall be placed upon the
council agenda for review and determination as soon as practicable for issuance, non-
issuance or non-renewal in compliance with the requirements of §125.12 Wis. Stats as
may be applicable.
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 4-22 CONDITIONS OF LICENSES
All licenses granted hereunder shall be granted subject to the following conditions, and
all other conditions of this Chapter and to all regulations of the City applicable thereto:
(A) Consent to Inspections
Every applicant procuring a license thereby consents to the entry of police or other
duly authorized representative of the City at all reasonable hours for the purpose
of inspection and search, and consents to the removal from said premises of all
things and articles there had in violation of this Section, or said laws, and consents
to the introduction of such things and articles in evidence in any prosecution that
may be brought for such violation.
(B) Unobstructed Windows Required
All windows in the front of any licensed premises shall be of clear glass and the
premises shall be so arranged as to furnish a clear view of the entire premises from
the sidewalk. There shall be no partition, box, stall, screen, curtain, or other device
which shall obstruct the view of such room from the general observation of
persons; provided, however, that the partitions, subdivisions, or panels any higher
than 60 inches from the floor shall not be constructed as in conflict with the
foregoing; provided, however, Retail "Class B" licenses shall entitle the holder
thereof to serve such beverages in a separate room a banquets or dinners.
(C) All matters submitted to the City 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 4-3 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 shall be processed pursuant to section 125.04
Wisconsin Statutes. To assure efficient processing 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 may request
applications be filed by a date established annually.
(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 aApplications shall be accompanied by payment of 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)
Commented [LL1]: Clarifying Title that this
is for the license as applied to a
specific Premise as opposed to an
operator’s license.
Commented [LL2]: City required to use state
forms and statute prohibits requiring
them to be sworn
Commented [LL3]: Adding language to address
the additional questionnaire that
Council has been using to specifically
include a reference to it in the
ordinance.
Commented [LL4]: While we request
applications by a specific date, the
statute does not allow us to require
that and potentially deny a license for
someone not meeting that date
Commented [LL5]: Removal of conditional
approval language per Bases Loaded court
case.
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.
(2) The Winnebago County Health Department shall inspect the applicant’s premises
for compliance with the Wisconsin Food Code, ATCP 75 Appendix.
(3) The Fire Chief shall inspect the applicant’s premises for compliance with the State
of Wisconsin Fire Code SPS 314.
(4) The Planning Services Division shall review new applications for compliance with
the location requirements of §125.68 Wisconsin Statutes and Chapter 30 of the Municipal
Code governing zoning.
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
Commented [LL6]: Adding Planning Services
Division for Zoning compliance which is
currently done but not specifically
codified in Chapter 4, 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 [LL7]: Per discussion at the
workshop we have redrafted this section
to set forth the 4 reviewers but kept it
brief and specifically referenced the
codes they are applying
Commented [LL8]: Per discussion after the
workshop staff removed the limited
review language for renewals completely.
Director Nieforth noted at the workshop
that changes are reviewed through the
zoning approval process – in most cases
before the license extension is applied
for and granted so she did not think
this would be a significant issue. Per
council’s direction to keep this section
simple staff discussed and removed the
language for renewals completely.
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 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.
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: Licenses shall not be granted/issued:
(A) (A) For any premises for which items were identified under section 4-4 above, until
unless all conditions have been corrected and verified by reinspection by the Department
identifying the condition.
(B) Unpaid Taxes, Assessments or Special Charges.
1) Premises.
2)
For any premises for which taxes, assessments, or special charges are delinquent and unpaid.
Commented [LL9]: Removed conditional
approval language pursuant per Bases
Loaded court case.
Commented [LL10]: Conditional approval
language in this section removed per
Bases Loaded Court case
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.
Persons.
3) 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
soughtt.
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.
4)1) Appeal to the Finance Director from Determinations of Indebtedness to City.
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 from Determination of the Finance Director Pertaining
to Indebtedness to City. 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.
5)1) Persons.
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.
(C)
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.
(D) To any person who has not provided a copy of their current State of
Wisconsin Seller’s Permit.
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.
For any premises for which does not meet any of the requirements listed above, the City
Clerk shall schedule the matter for Council action which may include non-issuance or
non-renewal as provided in §125.12 Wis. Stats.
ARTICLE IV. OPERATOR'S LICENSES
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 recommendation 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 or withdrawn. Requests
for review shall be made in writing, be signed by the applicant, andUnless withdrawn, the
application shall be placed upon the council agenda for review and determination as soon as
practicable for issuance, non-issuance or non-renewal in compliance with the requirements of
§125.12 Wis. Stats as may be applicable.
Commented [LL11]: This section is based on
current review done by police department
of applications
Commented [LL12]: Language updated to
comply with Bases Loaded court decision.
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 4-22 CONDITIONS OF LICENSES
All licenses granted hereunder shall be granted subject to the following conditions, and all other
conditions of this Chapter and to all regulations of the City applicable thereto:
(A) Consent to Inspections
Every applicant procuring a license thereby consents to the entry of police or other duly
authorized representative of the City at all reasonable hours for the purpose of inspection
and search, and consents to the removal from said premises of all things and articles there
had in violation of this Section, or said laws, and consents to the introduction of such
things and articles in evidence in any prosecution that may be brought for such violation.
(B) Unobstructed Windows Required
All windows in the front of any licensed premises shall be of clear glass and the premises
shall be so arranged as to furnish a clear view of the entire premises from the sidewalk.
There shall be no partition, box, stall, screen, curtain, or other device which shall obstruct
the view of such room from the general observation of persons; provided, however, that
the partitions, subdivisions, or panels any higher than 60 inches from the floor shall not
be constructed as in conflict with the foregoing; provided, however, Retail "Class B"
licenses shall entitle the holder thereof to serve such beverages in a separate room a
banquets or dinners.
(C) All matters submitted to the City 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.
Commented [LL13]: Creating a single section
explicitly requiring any information
submitted to the City by any applicant
to be true. While this is implicit in
any application, with the requirement
for applications to be sworn being
removed staff is proposing to include
honesty in the ordinance as a
requirement of application.
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 :April 08, 2025
SUB JEC T:SUB JEC T :*Ord 25-166 Amend Portions of Chapter 4 of the City of Oshkosh Municipal Code Pertaining to
Alcohol Beverages -- to Amend Article III. A. Pertaining to Special Class B Licenses and Create
Article III. B. Pertaining to Full-Service Retail Outlets
B A C KGRO UN DBACKGROUND
The State of Wisconsin has updated significant portions of the Wisconsin Statutes pertaining to Alcohol
Beverage laws. One of the changes effective May 1, 2024, authorizes producers (manufacturers,
rectifiers, wineries and breweries) to make full-service retail sales (sales of their products as well as other
alcohol beverages not produced by them) at the production premises and at up to three off-site retail
outlets if they meet certain production volumes. Full-service retail permits on the production premises do
not require municipal approval. Full-service retail permits for off-site locations require municipal approval.
Because the City of Oshkosh has producers who may wish to take advantage of this state law provision
and because city staff anticipates that there may also be special events that may wish to invite in
producers to offer this type of product in connection with their special event, last summer and fall, staff
reviewed the new law provisions and worked with outside counsel from the law firm of Ogden, Glazer
and Schaefer, LLC who specialize in alcohol beverage regulations to first update the current provisions of
Chapter 4 to match current practices and set forth approval processes clearly and specifically and then
to add provisions for approval of Full-Service Retail should requests come forward.
The first ordinance updating the current code provisions was tabled for staff to present a workshop on
the current processes before bringing forward additional changes. That workshop was held on March 25,
2025 and staff is now bringing forward that ordinance as updated based on the feedback from that
workshop as well as the attached Full-Service Retail provisions for council approval.
A N A L Y SI SANALYSIS
The proposed ordinance:
1) updates provisions for review and approval of special class B licenses to comply with changes to the
state statutes and to specifically identify the requirements that will be reviewed with reference to the
specific sections as requested by Council in relation to regular licenses during the workshop meeting; and
2) establishes two processes for municipal review and approval dependent on the type of Full-Service
Retail outlets requested.
A Fixed Full-Service Retail Outlet refers to a more established location for longer term use, ie. A brick and
mortar location, and is proposed to follow the review/inspection process and recommendations the City
uses for other more permanent licensed premises including a review for zoning compliance, police review
of qualifications, and fire and health inspections of the premises.
An Unlimited Transfer Full-Service Retail Outlet also refers to an off-site premises where a producer is
allowed to make sales, but this option is anticipated to be used in connection with temporary events
and beer gardens. The proposed ordinance would allow the review of these types of permits
administratively in the same manner of Special Class "B" licenses to allow for quicker approval in most
cases, but notes that a Special Event application may be required for events that meet the requirements
of that ordinance.
FI SC A L I M P A CTFISCAL I M P A C T
This ordinance simply updates the process and adds full-service retail to the type of license reviews and
approvals that the City is responsible for. A fee for the review and approval may be added to the City
Fee Schedule to recover costs associated with the review and approvals by separate resolution.
REC O M M E N D A TI ONRECOMMENDATION
It is recommended that the Council approve the proposed amendments to Chapter 4 for Full-Service
Retail Establishments.
A t t a chment sAttachments
Ord 25-166
Ch 4 Spec Class B and FSR - clean
Ch 4 Spec Class B and FSR - redline
04/08/2025 25-166 ORDINANCE
FIRST READING
PURPOSE: AMEND PORTIONS OF CHAPTER 4 OF THE CITY OF OSHKOSH MUNICIPAL CODE PERTAINING TO
ALCOHOL BEVERAGES – TO AMEND ARTICLE III. A. PERTAINING TO SPECIAL CLASS B LICENSES AND CREATE
ARTICLE III. B. PERTAINING TO FULL-SERVICE RETAIL OUTLETS
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 – TO AMEND ARTICLE III. A. PERTAINING TO SPECIAL
CLASS B LICENSES AND CREATE ARTICLE III. B. PERTAINING TO FULL-SERVICE RETAIL OUTLETS 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 recommended certain updates to the City’s Municipal Code; and
WHEREAS, the Common Council held a workshop and discussed the proposed revisions and processes for
review and issuance of licenses, including the recently created provisions pertaining to full-service retail
outlets within the Wisconsin Statutes.
NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of Oshkosh as follows:
SECTION 1. That Sections 4-14.3, and 4-14.4 of the City of Oshkosh Municipal Code pertaining to the
application and review of Special Class “B” and Special “Class B” licenses are hereby repealed and
recreated to read as shown on the attachment to this Ordinance.
SECTION 2. That Article III-B of the City of Oshkosh Municipal Code pertaining to Full-Service Retail Outlets is
hereby created to read as shown on the attachment to this ordinance.
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 – TO AMEND ARTICLE III. A. PERTAINING TO SPECIAL CLASS B LICENSES AND CREATE ARTICLE III. B.
PERTAINING TO FULL-SERVICE RETAIL OUTLETS (A GENERAL ORDINANCE OF THE CITY OF OSHKOSH PORTIONS
OF CHAPTER 4 OF THE CITY OF OSHKOSH MUNICIPAL CODE PERTAINING TO ALCOHOL BEVERAGES – – TO
AMEND ARTICLE III. A. PERTAINING TO SPECIAL CLASS B LICENSES AND CREATE ARTICLE III. B. PERTAINING TO
FULL-SERVICE RETAIL OUTLETS IN RESPONSE TO UPDATED STATE OF WISCONSIN ALCOHOL BEVERAGE LAWS) on
___________, 2025. This ordinance updates the provisions pertaining to review, granting and issuance of
Special Class “B” and Special “Class B” licenses to update current provisions in compliance with changes to
the state law; to explicitly set forth detail in the current application and license review processes within the
provisions of the municipal code; and to create a process for review and approval of Full-Service Retail
Outlets for alcohol producers within the City of Oshkosh for fixed and unlimited transfer (temporary
event-based approvals) Full-Service Retail Outlets.
event-based approvals) Full-Service Retail Outlets.
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 4-14.3 APPLICATION FOR SPECIAL CLASS “B” AND “CLASS B”
LICENSES
Applications for a temporary Special Class “B” and Special “Class B” licenses shall be
made on the form 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 applicable. 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 and pertaining to compliance with requirements to take appropriate
safeguards and prevent abuse in the dispersion and consumption of alcohol beverages
specifically sections 4-23 and 4-14 of this Municipal Code.
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.
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 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 Chief of
Police shall also review the application and event for compliance with requirements to
take appropriate safeguards and prevent abuse in the dispersion and consumption of
alcohol beverages specifically sections 4-23 and 4-14 of this Municipal Code.
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 - B. FULL-SERVICE RETAIL OUTLETS
SECTION 4-14.6 DEFINITIONS
A. Full-Service Retail Sales shall mean retail sales of fermented malt beverages or
intoxicating liquor, for on-premises or off-premises consumption, or the provision
of taste samples of fermented malt beverages or intoxicating liquor, or any
combination of these activities.
B. Fixed Full-Service Retail Outlet shall mean an off-site premises where a producer
is allowed to make Full-Service Retail Sales. Upon notice to the State of Wisconsin
Division of Alcohol Beverages, a Full-Service Retail Outlet may be transferred to a
different location in the State of Wisconsin once per calendar year. If the new
location is located within the City of Oshkosh, the Provisions of this Article shall
apply.
C. Unlimited Transfer Full-Service Retail Outlet Licenses shall mean an off-site
premises where a producer of alcohol beverages is allowed to make full-service
sales. Upon notice to the State of Wisconsin Division of Alcohol Beverages, an
unlimited transfer full-service retail outlet may be transferred to a different
location in the State of Wisconsin without limitation upon the frequency of
transfers. If an unlimited transfer location is located within the City of Oshkosh,
the Provisions of this Article shall apply.
SECTION 4-14.7 FIXED FULL-SERVICE RETAIL OUTLETS
A. Application. A written application on a form provided by the City Clerk shall be
filed with the City Clerk with a copy of the proposed application for the Full-
Service Retail Outlet to be submitted to the State of Wisconsin Division of Alcohol
Beverages attached. Applications shall be filed at least 15 business days in
advance of the meeting at which the Common Council will consider the
application.
The applicant shall pay the prescribed fee at the time of application.
B. Application Review and Approval. Applications for Fixed Full-Service Retail
Outlets shall be reviewed by the same departments, in the same manner and shall
apply the same requirements set forth in Sections 4-4 and 4-5 of this Municipal
Code.
C. Fixed Full-Service Retail Outlet shall not be limited to alcohol of only the same
type that is produced by applicant.
D. Revocation and Reapplication shall be governed by the provisions of Chapter 125
Wisconsin Statutes.
SECTION 4-14.8 UNLIMITED TRANSFER FULL-SERVICE RETAIL OUTLETS
A. Application. A written application on a form provided by the City Clerk shall be
filed with the City Clerk. Applications shall be filed at least 10 business days in
advance of the date upon which the Full-Service Retail Outlet intends to operate.
The applicant shall pay the prescribed fee at the time of application.
B. Application Review and Approval. Applications for Unlimited Transfer Full-
Service Retail Outlets shall be reviewed by the same departments, in the same
manner and shall apply the same requirements set forth for Special Class “B” and
Special “Class B” licenses in Article III. A. of this Municipal Code.
C. The scope of beverages offered for sale at the Unlimited Transfer Full-Service
Retail Outlet shall not be limited to alcohol of only the same type that is produced
by applicant.
ARTICLE III A. ISSUANCE OF SPECIAL CLASS “B” AND SPECIAL “CLASS B”
LICENSES
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 applicable. 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
licensepertaining to compliance with requirements to take appropriate safeguards and
prevent abuse in the dispersion and consumption of alcohol beverages specifically
sections 4-23 and 4-14 of this Municipal Code .
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.
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.
Commented [LL1]: City required to use state
forms and statute prohibits requiring
them to be sworn
Commented [LL2]: Similarly to regular
licenses review requirements, adding in
language in this section as to what the
Clerk and Police Chief are specifically
reviewing and citation to sections
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 Chief of
Police shall also review the application and event for compliance with requirements to
take appropriate safeguards and prevent abuse in the dispersion and consumption of
alcohol beverages specifically sections 4-23 and 4-14 of this Municipal Code.
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
Commented [LL3]: adding in language in this
section as to what the Police Chief is
specifically reviewing and citation to
sections
Commented [LL4]: Bases loaded does not
prohibit conditions, only conditional
approval of a license. This license
will be issued immediately but with
conditions of operation which are
permitted under law.
Commented [LL5]: Bases loaded does not
prohibit conditions, only conditional
approval of a license. This license
will be issued immediately but with
conditions of operation which are
permitted under law.
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 - B. FULL-SERVICE RETAIL OUTLETS
SECTION 4-14.6 DEFINITIONS
A. Full-Service Retail Sales shall mean retail sales of fermented malt beverages or
intoxicating liquor, for on-premises or off-premises consumption, or the provision
of taste samples of fermented malt beverages or intoxicating liquor, or any
combination of these activities.
B. Fixed Full-Service Retail Outlet shall mean an off-site premises where a producer
is allowed to make Full-Service Retail Sales. Upon notice to the State of Wisconsin
Division of Alcohol Beverages, a Full-Service Retail Outlet may be transferred to a
different location in the State of Wisconsin once per calendar year. If the new
location is located within the City of Oshkosh, the Provisions of this Article shall
apply.
C. Unlimited Transfer Full-Service Retail Outlet Licenses shall mean an off-site
premises where a producer of alcohol beverages is allowed to make full-service
sales. Upon notice to the State of Wisconsin Division of Alcohol Beverages, an
unlimited transfer full-service retail outlet may be transferred to a different
location in the State of Wisconsin without limitation upon the frequency of
transfers. If an unlimited transfer location is located within the City of Oshkosh,
the Provisions of this Article shall apply.
SECTION 4-14.7 FIXED FULL-SERVICE RETAIL OUTLETS
A. Application. A written application on a form provided by the City Clerk shall be
filed with the City Clerk with a copy of the proposed application for the Full-
Service Retail Outlet to be submitted to the State of Wisconsin Division of Alcohol
Beverages attached. Applications shall be filed at least 15 business days in
Commented [LL6]: The following sections are
all new sections to provide a process
for review of full-service retail outlet
applications.
advance of the meeting at which the Common Council will consider the
application.
The applicant shall pay the prescribed fee at the time of application.
B. Application Review and Approval. Applications for Fixed Full-Service Retail
Outlets shall be reviewed by the same departments, in the same manner and shall
apply the same requirements set forth in Sections 4-4 and 4-5 of this Municipal
Code.
C. Fixed Full-Service Retail Outlet shall not be limited to alcohol of only the same
type that is produced by applicant.
D. Revocation and Reapplication shall be governed by the provisions of Chapter 125
Wisconsin Statutes.
SECTION 4-14.8 UNLIMITED TRANSFER FULL-SERVICE RETAIL OUTLETS
A. Application. A written application on a form provided by the City Clerk shall be
filed with the City Clerk. Applications shall be filed at least 10 business days in
advance of the date upon which the Full-Service Retail Outlet intends to operate.
The applicant shall pay the prescribed fee at the time of application.
B. Application Review and Approval. Applications for Unlimited Transfer Full-
Service Retail Outlets shall be reviewed by the same departments, in the same
manner and shall apply the same requirements set forth for Special Class “B” and
Special “Class B” licenses in Article III. A. of this Municipal Code.
C. The scope of beverages offered for sale at the Unlimited Transfer Full-Service
Retail Outlet shall not be limited to alcohol of only the same type that is produced
by applicant.
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 :April 08, 2025
SUB JEC T:SUB JEC T :*Ord 25-167 Amend Section 27-8-2.1 of the Municipal Code, Neighborhood Electric Vehicles,
to Reflect Legislature Renaming These Vehicles as Low-Speed Electric Vehicles
B A C KGRO UN DBACKGROUND
Periodically, city staff reviews ordinances and finds that certain ordinances need to be updated for
changed statute numbers, terminology or other similar reasons. The City's Municipal Code previously
adopted an ordinance containing certain rules related to Neighborhood Electric Vehicles based on state
statute. Staff became aware that the legislature has subsequently renamed the motor vehicles
previously identified as Neighborhood Electric Vehicles as Low-Speed Electric Vehicles, and as a result the
Municipal Code needs to be updated to reflect the legislature's change in terminology.
A N A L Y SI SANALYSIS
The proposed ordinance updates terminology in the existing Municipal Code for Neighborhood Electric
vehicles to Low-Speed Electric Vehicles.
FI SC A L I M P A CTFISCAL I M P A C T
There is no fiscal impact to the proposed amendment.
REC O M M E N D A TI ONRECOMMENDATION
It is recommended that the Council approve the proposed amendment.
A t t a chment sAttachments
Ord 25-167
Low Speed Vehicle Ordinance- redline
04/08/2025 25-167 ORDINANCE
FIRST READING
PURPOSE: AMEND SECTION 27-8-2.1 OF THE MUNICIPAL CODE, NEIGHBORHOOD ELECTRIC VEHICLES, TO
REFLECT LEGISLATURE RENAMING THESE VEHICLES AS LOW-SPEED ELECTRIC VEHICLES
INITIATED BY : CITY ADMINISTRATION
A GENERAL ORDINANCE OF THE CITY OF OSHKOSH AMENDING SECTION 27-8-2.1 OF THE OSHKOSH MUNICIPAL
CODE PERTAINING TO NEIGHBORHOOD ELECTRIC VEHICLES
WHEREAS, the City’s Municipal Code previously adopted as an ordinance containing certain rules related
to Neighborhood Electric Vehicles based on state statute; and
WHEREAS, the legislature has subsequently renamed the motor vehicles previously identified as
Neighborhood Electric Vehicles as Low-Speed Electric Vehicles, and as a result the Municipal Code needs to
be updated to reflect the legislature’s change in terminology.
NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of Oshkosh as follows:
SECTION 1. That Section 27-8-2.1 pertaining to Neighborhood Electric Vehicles is hereby repealed and
recreated to read as follows:
SECTION 27-8-2.1 LOW-SPEED ELECTRIC VEHICLES
(A) “Low Speed Electric Vehicle” (“LSEV”) means Low-Speed Electric Vehicle as defined in Section
340.01(27h) of the Wisconsin Statutes and currently registered and licensed by the Wisconsin Department of
Transportation.
(B) Individuals may operate an LSEV on any street within the jurisdictional limits of the City of Oshkosh that has
a posted speed limit of 35 miles per hour or less including connecting highways and state trunk highways
within the City of Oshkosh.
(C) The operation of LSEV’s shall comply with all traffic statutes and ordinances applicable to vehicles
traveling upon streets and highways in the City of Oshkosh.
(D) Any person operating an LSEV within the jurisdictional limits of City of Oshkosh shall hold a valid Wisconsin
Driver’s license.
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 #25-XXX on
_________________, 2025 Amend Section 27-8-2.1 of the Municipal Code, NEIGHBORHOOD ELECTRIC VEHICLES
TO REFLECT THE LEGISLATURE’S RENAMING OF THESE MOTOR VEHICLES AS LOW-SPEED ELECTRIC VEHICLES.
The ordinance updates references within the City ordinance from what were formerly known as
neighborhood electric vehicles to low-speed Electric vehicles to reflect updated terminology in state
statutes.
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 27-8-2.1 NEIGHBORHOODLOW-SPEED ELECTRIC VEHICLES
(A) “NeighborhoodLow Speed Electric Vehicle” (“NLSEV”) means NeighborhoodLow-Speed
Electric Vehicle as defined in Section 340.01(27h36r) of the Wisconsin Statutes and
currently registered and licensed by the Wisconsin Department of Transportation.
(B) Individuals may operate an NLSEV on any street within the jurisdictional limits of the
City of Oshkosh that has a posted speed limit of 35 miles per hour or less including
connecting highways and state trunk highways within the City of Oshkosh.
(C) The operation of NLSEV’s shall comply with all traffic statutes and ordinances applicable
to vehicles traveling upon streets and highways in the City of Oshkosh.
(D) Any person operating an NLSEV within the jurisdictional limits of City of Oshkosh shall
hold a valid Wisconsin Driver’s license.
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 :April 08, 2025
SUB JEC T:SUB JEC T :*Ord 25-168 Amend Section 6-10 of the City of Oshkosh Municipal Code Pertaining to Animal
Traps to Update Statutory Reference
B A C KGRO UN DBACKGROUND
Periodically, city staff reviews ordinances and finds that certain ordinances need to be updated for
changed statute numbers, terminology or other similar reasons. The City's Municipal Code currently
includes restrictions on trapping which include a reference to a state statute. The state statute has been
renumbered and it is therefore necessary to update the City Code to reflect the correct statute number.
A N A L Y SI SANALYSIS
The proposed ordinance updates the statutory reference that requires a metal tag attached to any
animal traps.
FI SC A L I M P A CTFISCAL I M P A C T
There is no fiscal impact to the proposed amendment.
REC O M M E N D A TI ONRECOMMENDATION
It is recommended that the Council approve the proposed amendment.
A t t a chment sAttachments
Ord 25-168
04/08/2025 25-168 ORDINANCE
FIRST READING
PURPOSE: AMEND SECTION 6-10 OF THE CITY OF OSHKOSH MUNICIPAL CODE PERTAINING TO ANIMAL TRAPS TO
UPDATE STATUTORY REFERENCE
INITIATED BY : CITY ADMINISTRATION
A GENERAL ORDINANCE OF THE CITY OF OSHKOSH AMENDING SECTION 6-10 OF THE OSHKOSH MUNICIPAL
CODE PERTAINING TO ANIMAL TRAPS TO UPDATE THE STATUTORY REFERENCE TO REQUIRED METAL TAGS ON
TRAPS
WHEREAS, the City’s Municipal Code includes restrictions related to Animal Trapping within the City; and
WHEREAS, the City’s Animal Trapping restrictions includes a reference to state statute; and
WHEREAS, the numbering for the state statute referenced in this section of the Municipal Code has been
changed by the Legislature.
NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of Oshkosh as follows:
SECTION 1. That Section 6-10 pertaining to Animal Traps is hereby repealed and recreated to read as
follows:
SECTION 6-10 ANIMAL TRAPS
Any unlicensed trap, snare, spring gun, set gun, net, or other device or contrivance which might entrap,
ensnare, or kill game, or any trap without a metal tag attached as required by Section 29.331 Wis. Stats. shall
be prohibited, except for live traps.
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 #25-XXX
AMEND SECTION 6-10 OF THE CITY OF OSHKOSH MUNICIPAL CODE PERTAINING TO ANIMAL TRAPS TO UPDATE
STATUTORY REFERENCE TO REQUIRED METAL TAGS ON TRAPS on _________________, 2025. The amended
ordinance revises a statutory reference due to renumbering in the statute.
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 :April 08, 2025
SUB JEC T:SUB JEC T :*Ord 25-169 Delete Subsection 1-23(5)(B)(2) of the Municipal Code Pertaining to the Adoption
of General Records Schedules to Delete Reference to a Record Retention Schedule Modifying
a County Sheriff Standard Retention Schedule
B A C KGRO UN DBACKGROUND
Wisconsin Statutes require that municipalities maintain and retain public records through records retention
schedules that are approved by the State of Wisconsin Public Records Board.
The process for obtaining approval of record retention schedules by the Public Records Board requires
advance approval by the Common Council followed by submission to the Public Records Board
requesting final approval.
In 2020 the City of Oshkosh updated the city ordinances by adopting the Public Records Board General
Municipal Schedule. At that time, the Police Department and IT Division had also requested adoption of
a portion of the County General Records schedule pertaining to law enforcement and digital surveillance
recordings which was more specific to law enforcement records than the General Municipal Schedule.
These two schedules were adopted by Council then submitted to the Public Records Board for approval
as required by Statute.
A N A L Y SI SANALYSIS
The Public Records Board approved the General Records Schedule, 1-23-(5)(b)(1), but did not approve
the modified county Sheriff's record retention schedule, 1-23-(5)(b)(2). The record retention schedule that
was not approved by the Public Records Board is not effective and needs to be deleted from the City
ordinance.
While section 1-23-(5)(b)(2) was not approved by the Records Board, the General Municipal Schedule
does address surveillance recordings which were the primary concern raised by the Police Department
and IT when the schedules were proposed and provides that unless needed for other purposes such as
compliance with a records request or in relation to a claim or litigation, that general surveillance
recordings need only be kept for 120 days. This is consistent with current practice and policy of the City
of Oshkosh. (Note: this section does not apply to body camera footage; however, body camera
footage is regulated under a separate section of the statutes and similarly must be kept for a period of
at least 120 days by departments.)
FI SC A L I M P A CTFISCAL I M P A C T
There is no anticipated fiscal impact to the proposed ordinance.
REC O M M E N D A TI ONRECOMMENDATION
It is recommended that the Council approve the proposed ordinance.
A t t a chment sAttachments
Ord 25-169
04/08/2025 25-169 ORDINANCE
FIRST READING
PURPOSE: DELETE SUBSECTION 1-23(5)(B)(2) OF THE CITY OF OSHKOSH MUNICIPAL CODE PERTAINING TO THE
ADOPTION OF GENERAL RECORDS SCHEDULES
INITIATED BY : CITY ADMINISTRATION
A GENERAL ORDINANCE OF THE CITY OF OSHKOSH DELETING SUBSECTION 1-23(B)(5)(2) OF THE OSHKOSH
MUNICIPAL CODE PERTAINING TO THE ADOPTION OF GENERAL RECORDS RETENTION SCHEDULES TO DELETE
REFERENCE TO THE COUNTY SHERIFF STANDARD RETENTION SCHEDULE
WHEREAS, Section 19.21 of the Wisconsin Statutes requires that the City of Oshkosh maintain and retain its
public records through records retention schedules that are approved by the state Public Records Board; and
WHEREAS, the process for obtaining approval of record retention schedules by the Wisconsin Public
Records Board requires advance approval by the Common Council followed by submission to the Public
Records Board requesting final approval; and
WHEREAS, The Council previously approved two records retention schedules, the General Records
Schedule – Wisconsin Municipal and Related Records and a records retention schedule modifying a records
retention schedule originally created for county Sheriffs, as 1-23-(5)(b)(2), with these two schedules then
submitted to the Public Records Board for approval; and
WHEREAS, the Public Records Board approved the General Records Schedule, 1-23-(5)(b)(1), but did not
approve the modified county Sheriff’s record retention schedule, 1-23-(5)(b)(2), and therefore the record
retention schedule that was not approved by the Public Records Board is not effective and needs to be
deleted.
NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of Oshkosh as follows:
SECTION 1. That Section 1-23(5)(b)(2) pertaining to public records retention schedules is hereby repealed.
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 #25-XXX
AMEND SECTION 1-23(5)(B) OF THE CITY OF OSHKOSH MUNICIPAL CODE PERTAINING TO THE ADOPTION OF
GENERAL RECORDS SCHEDULES (A GENERAL ORDINANCE OF THE CITY OF OSHKOSH DELETING SECTION
1-23(B)(5)(2) OF THE OSHKOSH MUNICIPAL CODE PERTAINING TO THE ADOPTION OF GENERAL RECORDS
RETENTION SCHEDULES TO DELETE REFERENCE TO THE COUNTY SHERIFF STANDARD RETENTION SCHEDULE) on
_________________, 2025. The ordinance deletes the city’s initial adoption of a County Sheriff Standard for
records retention that the Public Records Board determined was not directly applicable and necessary for
the city to adopt.
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 :Julie Calmes, Finance Director
D A TE :D A T E :April 08, 2025
SUB JEC T:SUB JEC T :Res 25-170 Amend 2025 Parking Utility Fees and Charges
B A C KGRO UN DBACKGROUND
One of the annual goals of the Finance Department is to complete a comprehensive review of the fees
and charges for the City. The most recent update was approved by the Council in December 2024.
Since then, the City has been working with Passport to implement their application-based parking
management systems. During this process, the City realized that the Daily Permit Fee should be
increased.
A N A L Y SI SANALYSIS
The Finance Department has prepared an updated list of the fees and charges for parking to be
assessed to the public. Consistent with the overall Fee Schedule that was adopted by Council, the listing
is compiled by Department or Activity Level (Transportation/Parking-Permits and Leased Stalls) and
includes a description of the individual fees, the 2025 proposed rate, the prior (or current rate), the basis
for the fee, and additional notes as may be applicable.
Three fees, which are highlighted in orange in the 2025 Parking Permit Rate column, are proposed for
change in connection with this update.
The Transportation Committee discussed the updates to the parking software and parking ordinances
and codes. The committee also discussed potentially raising the fee for daily passes for the parking lots.
The City's parking application vendor indicated that the average daily fee being assessed by other users
they serviced was approximately $6 per day for parking. Understanding this, the Transportation
Committee indicated that they were generally comfortable recommending a change from $1.50 to $3.00
plus taxes and fees at this time. Staff recommends that this change be effective as of April 14, 2025.
In addition, staff recommends the fee to be established for on-street parking on High Avenue and
Osceola Street be established as $1.25 per hour. Staff recommends that this charge be effective as of
July 1, 2025, to correspond with the city taking over parking enforcement in this area from the University.
The last proposed change is to move the on-street monthly parking permits from the Police section of the
Fee Schedule to the Parking Permits section. With the change to Passport, these permits will no longer be
sold at the Police Department. Finance is also recommending the fee be changed to $10.00 plus sales
tax, instead of netting the sales tax into the $10.00 fee to be consistent with all the other parking permits.
REC O M M E N D A TI ONRECOMMENDATION
Staff recommends that Council pass this resolution.
A t t a chment sAttachments
RES 25-170
2025 Parking Utility Fees and Charges Schedule
04/08/2025 25-170 RESOLUTION
CARRIED 6-0
PURPOSE: AMEND 2025 FEES AND CHARGES FOR PARKING UTILITY-DAILY PERMITS AND ON-STREET PARKING ON
HIGH AVENUE AND OSCEOLA STREET
INITIATED BY : FINANCE DEPARTMENT
WHEREAS, the City charges fees for various services; and
WHEREAS, the City is implementing new application-based software for parking management; and
WHEREAS, the city will be assuming enforcement of parking on High Avenue and Osceola Street and staff
reviewed the current fees charged by the University and the city fee schedule and recommends that a new
fee be established for On-Street Parking on High Avenue and Osceola Street as $1.25 per hour.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that the attached
amendment to the Parking Utility Fees and Charges Schedule, including the proposed increase in the daily
parking permit fee (effective April 14, 2025) and inclusion of an on-street parking fee for High Avenue and
Osceola Street (effective July 1, 2025), is hereby approved and adopted.
2025 Fees and Charges Schedule
Approved and Adopted: _12/10/2024_
Resolution: _24-685_
Department / Division Type Fee / Charge Description 2025 Rate / Amount Prior Rate / Amount Basis for the Fee Notes for Council
TRANS/PARKING PERMITS AND LEASED STALLS
TRANS/PARKING Permit Annual: per year for the first 20 $360.00 + sales tax $360.00 + sales tax Resolution 24-99
TRANS/PARKING Permit Monthly: per month for the first 20 $30.00 + sales tax $30.00 + sales tax Resolution 24-99
TRANS/PARKING Permit Daily permit $3.00 + sales tax $1.50 + sales tax Resolution 24-99 Effective as of April 14,2025
TRANS/PARKING Fee On-Street Parking on High Ave and Osceola Street 1.25 per hour N/A Efffective as of July 1, 2025
TRANS/PARKING Fee Monthly Daytime Only Leased Stalls $30.00 + sales tax $30.00 + sales tax Resolution 24-99
TRANS/PARKING Fee Monthly 24 hour leased stalls (3 month minimum)$50.00/month + sales tax $50.00/month + sales tax Resolution 24-99
TRANS/PARKING Fee Annual 24 hour leased stalls $500.00 + sales tax $500.00 + sales tax Resolution 24-99
TRANS/PARKING Fee Monthly Street Parking Permits $10.00 + sales tax $10.00 per month (Includes Sales Tax)Effective as of April 14,2025
POLICE POLICE DEPARTMENT
POLICE Fee Open records request per disk-electronic $1.50 (Includes Sales Tax) $1.50 (Includes Sales Tax) Cost recovery
POLICE Fee Crash Reports online No charge No charge Cost recovery
POLICE Fee Crash Reports for paper copy $1.00 per report (Includes Sales Tax) $1.00 per report (Includes Sales Tax)Cost recovery
POLICE Fee Open records request - Printed Photographs-
$0.25 per page / $1.50 per disk
(Includes Sales Tax)
$0.25 per page / $1.50 per disk
(Includes Sales Tax) Cost recovery
POLICE Fee Safety City Summer Program - per child No charge No charge Market
POLICE Fee Parking permits per month $10.00 per month (Includes Sales Tax)$10.00 per month (Includes Sales Tax)Market
1 of 1
TO :T O :Honorable Mayor and Members of the Common Council
FRO M :FRO M :Kelly Nieforth, Director of Community Development
D A TE :D A T E :April 08, 2025
SUB JEC T:SUB JEC T :Res 25-171 Approve General Development Plan for Outdoor Storage at 2750 Vinland Street
(Plan Commission Recommends Approval)
B A C KGRO UN DBACKGROUND
The applicant requests approval of a General Development Plan for outdoor storage. The subject site
consists of a 38-acre parcel located at the southeast corner of Industrial Avenue and Vinland Street. The
site includes five multi-tenant industrial buildings, loading areas, and associated parking lots. The site is
zoned Heavy Industrial District (HI) and the surrounding area is a mixture of residential and industrial land
uses. The 2040 Comprehensive Land Use Plan recommends Mixed Use for the subject area.
A N A L Y SI SANALYSIS
The applicant is proposing to construct an approximately 3-acre gravel outdoor storage area behind the
easternmost building on the subject site. Staff does not have any concerns with the proposed outdoor
storage use as it is compatible with surrounding industrial land uses to the west and south of the property
and is consistent with the industrial/storage use of the site.
The applicant is proposing a new gravel storage area, fencing and berm, lighting, and modifying the
existing stormwater facilities within the site. Code requires outdoor storage areas to be screened from any
non-industrialized areas by any permitted combination of buildings, structures, walls, and solid fencing.
Such walls and fencing shall be a minimum of 8 feet in height and shall be designed to completely screen
all stored items from view of non-industrialized areas. As the neighboring properties are industrial zoned to
the west and north screening will only need to be provided along the east property line and the south
side of the outdoor storage area where the site abuts residentially zoned property. The applicant is
proposing to install 8' fencing that is 90% opaque on the south side of the outdoor storage area, which
meet the necessary screening requirements. The submitted site plan shows the gravel outdoor storage
area setback 105' from the east property line, where code requires a 20' setback. The applicant is also
proposing 6' chain link fencing along the east side of the outdoor storage area. A Based Standard
Modification (BSM) is needed for the 6' chain link fence, where code allows 8' solid walls or fencing. This
BSM request will be addressed as part of the SIP process.
REC O M M E N D A TI ONRECOMMENDATION
The Plan Commission recommended approval of the requested General Development Plan with findings
and one condition on March 18, 2025. Please see the attached staff report and meeting minutes for
more information.
A t t a chment sAttachments
RES 25-171
GDP.SIP - 2750 Vinland St
04/08/2025 25-171 RESOLUTION
CARRIED 6-0
PURPOSE: APPROVE GENERAL DEVELOPMENT PLAN FOR OUTDOOR STORAGE AT 2750 VINLAND STREET
INITIATED BY : MACH IV ENGINEERING AND SURVEYING, LLC
PLAN COMMISSION RECOMMENDATION: Approved
WHEREAS, the Plan Commission finds that the General Development Plan for outdoor storage at 2750
Vinland Street, is consistent with the criteria established in Section 30-387 of the Oshkosh Zoning Ordinance.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that a General
Development Plan for outdoor storage at 2750 Vinland Street, per the attached, is hereby approved, with
the following findings:
1.The proposed Planned Development project is consistent with the overall purpose and intent of the
Zoning Ordinance as the proposed outdoor storage use of the site will not have a negative impact on
the public, because outdoor storage is a conditional use in the HI District and will not have a negative
impact on the neighboring properties.
2.The proposed Planned Development project would maintain the desired relationships between land
uses, land use densities and intensities, and land use impacts because the outdoor storage use is
compatible with the surrounding industrial uses.
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 positively contribute to and not detract from the
physical appearance and functional arrangement of development in the area because the subject
property is within a mixed-use area with industrial and residential land uses.
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 for outdoor storage at 2750 Vinland Street:
All requested Base Standard Modifications will be addressed as part of the Specific Implementation
Plan application.
1.
ITEM: PUBLIC HEARING: ZONE CHANGE FROM HEAVY INDUSTRIAL
DISTRICT (HI) TO HEAVY INDUSTRIAL DISTRICT WITH A PLANNED
DEVELOPMENT OVERLAY (HI-PD) AND APPROVAL OF A GENERAL
DEVELOPMENT PLAN FOR OUTDOOR STORAGE AT 2750 VINLAND
STREET
Plan Commission Meeting of March 18, 2025
GENERAL INFORMATION
Applicant: Mach IV Engineering and Surveying, LLC
Owner: 2750 Vinland, LLC
Action(s) Requested:
The applicant requests a zone change from the existing Heavy Industrial District (HI) to Heavy
Industrial District with a Planned Development Overlay (HI-PD). The applicant also requests
approval of a General Development Plan (GDP) for outdoor storage.
Applicable Ordinance Provisions:
Zoning map amendment standards are found in Section 30-381 of the Zoning Ordinance. Planned
Development standards are found in Section 30-387 of the Zoning Ordinance.
Property Location and Background Information:
The subject site consists of a 38-acre parcel located at the southeast corner of Industrial Avenue
and Vinland Street. The site includes five multi-tenant industrial buildings, loading areas, and
associated parking lots. The site is zoned Heavy Industrial District (HI) and the surrounding area
is a mixture of residential and industrial land uses. The 2040 Comprehensive Land Use Plan
recommends Mixed Use for the subject area.
Subject Site
Existing Land Use Zoning
Commercial HI
Recognized Neighborhood Organizations
N/A
Adjacent Land Use and Zoning
Existing Uses Zoning
North Industrial Town of Oshkosh
South Industrial HI
East Commercial MR-20-PD
West Residential & Industrial SR-5 & HI
Comprehensive Plan Land Use Recommendation Land Use
2040 Comprehensive Land Use Recommendation Mixed Use
ANALYSIS
Zone Change
The applicant is requesting a zone change from the Heavy Industrial District (HI) to Heavy
Industrial District with a Planned Development Overlay (HI-PD) for the subject property. The
requested Planned Development Overlay designation is intended to allow for flexibility in the
zoning ordinance to allow for the construction of an outdoor storage area behind the easternmost
building. The applicant has submitted plans for the outdoor storage area, which will be addressed
as a GDP and Specific Implementation Plan (SIP) review. The GDP will be reviewed in this staff
report.
Staff is supportive of the proposed zone change to include a Planned Development Overlay as it
will serve to accommodate future development needs for the site. It will also provide further
review for compatibility with neighboring residential properties.
Rezone to HI-PD
Use
The applicant is proposing to construct an approximately 3-acre gravel outdoor storage area
behind the easternmost building on the subject site.
The HI District allows for outdoor storage as a Conditional Use. Staff does not have any concerns
with the proposed outdoor storage use as it is compatible with surrounding industrial land uses
to the west and south of the property and is consistent with the industrial/storage use of the site.
Site Design
The applicant is proposing a new gravel storage area, fencing and berm, lighting, and modifying
the existing stormwater facilities within the site. Code requires outdoor storage areas to be
screened from any non-industrialized areas by any permitted combination of buildings,
structures, walls, and solid fencing. Such walls and fencing shall be a minimum of 8 feet in height
and shall be designed to completely screen all stored items from view of non-industrialized areas.
As the neighboring properties are industrial zoned to the west and north screening will only need
to be provided along the east property line and the south side of the outdoor storage area where
the site abuts residentially zoned property. The applicant is proposing to install 8’ fencing that is
90% opaque on the south side of the outdoor storage area, which meet the necessary screening
requirements. The submitted site plan shows the gravel outdoor storage area setback 105’ from
the east property line, where code requires a 20’ setback. The applicant is also proposing 6’ chain
link fencing along the east side of the outdoor storage area. A Based Standard Modification (BSM)
is needed for the 6’ chain link fence, where code allows 8’ solid walls or fencing. This BSM request
will be addressed as part of the SIP process.
Signage
Sign renderings were not included with this request and are not required for the GDP approval.
Final signage plans will be submitted and reviewed as part of the SIP request.
Site Lighting
A photometric lighting plan has not been submitted with this request, and will be required as
part of the SIP request.
Landscaping
A landscape plan was not included in the submittal. The outdoor storage area requires yard
landscaping and bufferyard landscaping is required along the neighboring Multi-Family
Residential-20 (MR-20-PD) zoned properties to the east of the site. The application will need to
meet all landscaping requirements or apply for BSMs as part of the SIP process.
Yards
Code requires 30 landscaping points per 1,000 sq. ft. of gross floor area of the outdoor storage
area. Landscaping points will be verified during the SIP process.
Bufferyards
A 0.8 opacity bufferyard is required along the neighboring Multi-Family Residential-20 (MR-20-
PD) zoned properties to the east of the site. The applicant is providing a 105’ bufferyard along the
east property line along with a 6’- 7’ berm and 6’ chain link fencing. Code requires 505
landscaping points with the 6’ berm be installed per 100 linear feet. The applicant will need to
demonstrate that 0.8 opacity bufferyard is being met or apply for a BSM for alternative screening.
Screening requirements and landscaping points will be verified during the SIP process.
Storm Water Management/Utilities
The Department of Public Works has reviewed the plans and noted that final plans are required
to be in full compliance with the requirements of the City of Oshkosh Municipal Code Chapter 14
for storm water management. This will be addressed during the SIP and Site Plan Review
processes.
Building Facades
No new buildings on site are being proposed.
FINDINGS/RECOMMENDATION/CONDITIONS
In its review and recommendation to the Common Council on an application for a Zoning Map
amendment, staff recommends the Plan Commission make the following findings based on the
criteria established by Chapter 30-381 (D)(2):
(a) Advances the purposes of this Chapter as outlined in Section 30-03 will provide
further review of development on the site.
(c) The proposed HI-PD zoning designation maintains the desired overall consistency
of land uses, land use intensities, and land use impacts because the proposed zoning
designation will remain consistent with the neighboring HI zoning.
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 the Zoning Ordinance as the proposed outdoor storage use of the site will not
have a negative impact on the public because outdoor storage is a conditional use in the
HI District and will not have negative impact on the neighboring properties.
(c) The proposed Planned Development project would maintain the desired relationships
between land uses, land use densities and intensities, and land use impacts because the
outdoor storage use is compatible with the surrounding industrial uses.
(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.
(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 because the subject property is within a mixed use area with industrial and
residential land uses.
Staff recommends approval of the zone change and General Development Plan with the findings
listed above and the following condition:
1. All requested Base Standard Modifications will be addressed as part of the Specific
Implementation Plan application.
The Plan Commission recommended approval of the requested zone change on March 18, 2025.
The following is Plan Commission’s discussion on the item.
Site Inspections Report: Mr. Bowen and Ms. Propp reported visiting the site.
Staff report accepted as part of the record.
Ms. Dziengeleski presented the items and reviewed the site and surrounding area as well as the
land use and zoning classifications in this area. Staff recommends approval of the zone change
and General Development Plan with the findings and condition listed in the staff report.
Mr. Kiefer opened up technical questions to staff. There were none.
Mr. Kiefer opened the public hearing and asked if the applicant wanted to make any statements.
Joel Ehrfurth, Civil Engineer with Mach IV Engineering, spoke about the buffer area.
Mr. Kiefer asked if any members of the public wished to speak. There were none.
Mr. Kiefer closed the public hearing.
There was no closing statement from the applicant.
Motion by Davey to adopt the findings and recommendation as stated in the staff report.
Seconded by Propp.
Mr. Kiefer asked if there was any discussion on the motion. There was none.
Motion carried 7-0.
Page 8
Page 9
Page 10
General Development Plan (GDP)
General Location Map
The site is located at 2750 Vinland Street. The existing site is the location of a series of multi-
tenant, industrial buildings (Site Map in included). The total site is 38 acres in size
Existing developments include the five industrial buildings, loading areas and associated parking
lots. The site has two ingress/egress points off Vinland Street and can be accessed off Jackon
Street.
The site to the north is a industrial use, the south side is an agricultural field, a commercial lot is
the east side, and the west side is agriculture.
The site is currently zoned HI, therefore we are requesting a zoning and PD amendment to HI-
PD. Abutting zoning is as follows:
North: Town of Vinland
South: SR-3
East: MR-20-PD
West: SR-5
Specific Use
The intent of the project is to construct an outdoor storage area (approx. 3 acres) behind the
easternmost building. Improvements include the gravel storage lot, fencing, a berm on the east
side for screening, lighting, and modifying the existing stormwater management practice.
The proposal includes 6 ft fence on all sides facing industrial zoning. An 8 ft fence with 90%
visibility coverage on the South sides, the fence can be chain link with slats/interwoven. The
fence on the east side will be a 6 ft chain link fence and will also include naturally shielding by the
berm and trees. The South side of the fence is visible from a residential area and will require
90% coverage at 8 ft.
Traffic Patterns
The site will continue to use the existing ingress/egress points off public ROW. The storage area
will be accessed off driveways located within the site and not readily visible from the public.
Grading
Site grading will be modified to accommodate the proposed development and direct storm flow to
the existing stormwater management facilities to comply with City and State stormwater
regulations.
A berm is proposed on the east side of the property to screen the storage area.
Drainage
Page 11
Site drainage is primarily directed toward the existing stormwater practice. The practices are
sized to meet City and State stormwater performance standards. The proposed stormwater
practice is a detention pond.
Open Spaces
The Existing Site is developed primarily on the north side of the parcel. Amble green space
existing on the south side of the site.
Planned Development
Planned use is an outdoor storage area. The storage area is internal on the site without access
to public ROW and screened to limit public visibility
The site relationship to the nearby public streets will remain the same as the existing site. The
existing ingress and egress points will be maintained.
Architectural Plans
No new strucutures or modifications to existing structures are proposed.
Engineering Plans
A conceptual engineering plan is included. If GDP and re-zoning amendments are favorable
detailed plans will include proposed grading, stormwater management, site utilities, landscaping
and erosion control.
Page 12
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2260 Salscheider Court Green Bay, WI 54313
PH:920-569-5765; Fax: 920-569-5767
www.mach-iv.com
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R:\Jobs\2298-01-24 Vinland Parking Lot Addition\DRAWINGS\2298-01-24 Eng.dwg 1/23/2025 1:58:07 PM
GRAVEL STORAGE SITE LAYOUT
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Page 13
REZONE.GDP.SIP
2750 VINLAND ST
PC: 3-18-2025
CLARITY CARE INC
424 WASHINGTON AVE
OSHKOSH WI 54901
LANG APTS 1 LLC
615 S MAIN ST
OSHKOSH WI 54902
ROBERT BERMAN ETAL
765 MARKET ST APT 27A
SAN FRANCISCO CA 94103
NICOLET INV OF OSH LLP
3389 COUNTY ROAD A
OSHKOSH WI 54901
2750 VINLAND LLC
601 OREGON ST A
OSHKOSH WI 54902
RONALD J HOLMES
2800 VINLAND ST
OSHKOSH WI 54901
ZBY ENTERPRISES LLC
3024 SHELDON DR
OSHKOSH WI 54904
CHICAGO & NW RR CO
4823 N 119TH ST
MILWAUKEE WI 53225
OSHKOSH STORAGE CO INC
1110 INDUSTRIAL AVE
OSHKOSH WI 54901
CONGER HOLDINGS LLC
3801 STATE RD 21
OSHKOSH WI 54904
JAMES H LANG
1115 BAY SHORE DR
OSHKOSH WI 54901
LANDOLT PROPERTIES LLC
4900 PLUMMERS POINT RD
OSHKOSH WI 54904
XIONG ENTERPRISES LLC
3470 EICHSTADT RD
OSHKOSH WI 54901
JENNIFER DALY IRREV TR
805 W PACKER AVE
OSHKOSH WI 54901
BENJAMIN & ERICA RUSCH
811 W PACKER AVE
OSHKOSH WI 54901
RALPH PRIEWE
815 W PACKER AVE
OSHKOSH WI 54901
JEFFERY & DIANE LOCY
821 W PACKER AVE
OSHKOSH WI 54901
MICHAEL PEERENBOOM
2561 VINLAND ST
OSHKOSH WI 54901
TOWN OF OSHKOSH
1076 COZY LN
OSHKOSH WI 54901
Page 14
I N D U S T R I A L AV
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J:\GIS\Planning\Plan Commission Site Plan Map Template\2023 Plan Commission Site Plan Map Template.mxd User: katrinam
Prepared by: City of Oshkosh, WI
Printing Date: 2/19/2025
1 in = 320 ft
1 in = 0.06 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 15
I N D U S T R I A LINDUSTRIALAVAV
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O s h k o s h C it y L i m it
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DR-6
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I I
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I-PD
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MR-12
MR-12MR-12
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MR-20
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SMU
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J:\GIS\Planning\Plan Commission Site Plan Map Template\2023 Plan Commission Site Plan Map Template.mxd User: katrinam
Prepared by: City of Oshkosh, WI
Printing Date: 2/19/2025
1 in = 800 ft
1 in = 0.15 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 16
I N D U S T R I A L AV
W PA C K E R AV
WISCONSIN ST
PA R K R ID G E AV
VINLAND ST
J:\GIS\Planning\Plan Commission Site Plan Map Template\2023 Plan Commission Site Plan Map Template.mxd User: katrinam
Prepared by: City of Oshkosh, WI
Printing Date: 2/19/2025
1 in = 300 ft
1 in = 0.06 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 17
TO :T O :Honorable Mayor and Members of the Common Council
FRO M :FRO M :Kelly Nieforth, Director of Community Development
D A TE :D A T E :April 08, 2025
SUB JEC T:SUB JEC T :Res 25-172 Approve General Development Plan and Specific Implementation Plan for a Drive-
Through Coffee Shop at 1120 South Koeller Street (Plan Commission Recommends Approval)
B A C KGRO UN DBACKGROUND
The applicant requests approval of a General Development Plan and Specific Implementation Plan for a
drive through-coffee shop. The subject site is a 0.25-acre property located along South Koeller Street,
south of West 9th Avenue. The site has an existing restaurant building (Pizza Hut) and associated parking
stalls. The surrounding area consists of commercial uses. The 2040 Comprehensive Land Use Plan
recommends Interstate Commercial use for the subject site.
A N A L Y SI SANALYSIS
The applicant is proposing to demolish the existing building and parking lot on the subject site for
development of a 530 sq. ft. drive-through coffee shop (7 Brew) with two-lane drive-through. The
proposed drive-through coffee shop use is permitted in the SMU District. There will be no inside seating for
the general public as only employees are allowed inside the building.
The proposed development will be accessed from a shared parking lot with driveway accesses to the
north and south of the site. The applicant has provided an easement document and stated that they
have the ability to access the site from the existing shared parking lot. A Plan Commission workshop was
held on December 3, 2024, with Plan Commission voicing support for the proposed use. They
recommended increased landscaping to offset the reduced setbacks and to provide screening from the
drive-through lane headlights.
The applicant is requesting base standard modifications (BSMs) to allow reduced setbacks, reduced
number of parking spaces, increased lighting levels at the property line, increased impervious surface
ratio, and an alternative Class I material to meet building design requirements. The plan provides almost
triple the required total landscaping points. The applicant has also increased the planting size of
arborvitae trees on the street side of the drive lanes, from the minimum 4' height to 6'. The increased
landscaping points and planting size serves to offset requested BSMs and the larger planting size provides
increased buffering of headlights from the public right-of-way.
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 $1.5 million on the proposed project.
REC O M M E N D A TI ONRECOMMENDATION
The Plan Commission recommended approval of the requested General Development Plan and Specific
Implementation Plan with findings and conditions on March 18, 2025. Please see the attached staff report
and meeting minutes for more information.
A t t a chment sAttachments
RES 25-172
GDP.SIP - 1120 S Koeller St
04/08/2025 25-172 RESOLUTION
CARRIED 6-0
PURPOSE: APPROVE GENERAL DEVELOPMENT PLAN AND SPECIFIC IMPLEMENTATION PLAN FOR A
DRIVE-THROUGH COFFEE SHOP AT 1120 SOUTH KOELLER STREET
INITIATED BY : MILBREW HOLDINGS
PLAN COMMISSION RECOMMENDATION: Approved
WHEREAS, the Plan Commission finds that the General Development Plan and Specific Implementation
plan for a drive-through coffee shop at 1120 South Koeller Street, is consistent with the criteria established in
Section 30-387 of the Oshkosh Zoning Ordinance.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that a General
Development Plan and Specific Implementation plan for a drive-through coffee shop at 1120 South Koeller
Street, per the attached, is hereby approved, with the following findings:
1.The proposed Planned Development project is consistent with the overall purpose and intent of this
Chapter because the proposed drive-through coffee shop use is consistent with the SMU zoning
designation and Interstate Commercial 2040 Comprehensive Land Use Plan designation.
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 because
the proposed commercial use is consistent with neighboring commercial uses along South Koeller Street.
3.The proposed architecture and character of the proposed Planned Development project is
compatible with adjacent/nearby development because the drive-through service site design is
consistent with drive-through service sites in the surrounding area and the brick-like appearance of the
building exterior will be consistent with the appearance of other commercial buildings along South
Koeller Street.
4.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 because increased landscaping
points and increased planting size will be provided to compensate for BSM requests.
BE IT FURTHER RESOLVED by the Common Council of the City of Oshkosh that the following are conditions of
approval for a General Development Plan and Specific Implementation Plan for a drive-through coffee
shop at 1120 South Koeller Street:
Base Standard Modification (BSM) to allow reduced front yard setback to 13.6 ft. 1.
BSM to allow reduced rear yard setback to 0’.2.
BSM to allow reduced side yard setback to 0’.3.
BSM to allow reduced off-street parking to 0 parking spaces.4.
BSM to allow reduced bicycle parking to 2 bicycle parking spaces.5.
BSM to allow increased impervious surface ratio to 78.1%.6.
BSM to allow increased lighting level to 0.9 fc at the north and south property lines, and 1.7 fc at the
east property line.
7.
BSM to allow reduced building foundation landscaping to 0 landscaping points.8.
BSM to allow fiber cement siding (Nichiha) as a Class I building material. 9.
Final landscaping, lighting, and signage plans shall be reviewed and approved by the Department of
Community Development.
10.
ITEM: PUBLIC HEARING: ZONE CHANGE FROM SUBURBAN MIXED USE
DISTRICT (SMU) TO SUBURBAN MIXED USE DISTRICT WITH A
PLANNED DEVELOPMENT OVERLAY (SMU-PD) AND APPROVAL OF A
GENERAL DEVELOPMENT PLAN AND SPECIFIC IMPLEMENTATION
PLAN FOR A DRIVE-THROUGH COFFEE SHOP AT 1120 SOUTH KOELLER
STREET
Plan Commission Meeting of March, 18 2025
GENERAL INFORMATION
Owner/Applicant: MilBrew Holdings
Action(s) Requested:
The applicant requests a zone change from the existing Suburban Mixed Use District (SMU) to
Suburban Mixed Use District with a Planned Development Overlay (SMU-PD). The applicant also
requests approval of a General Development Plan and Specific Implementation Plan for a drive
through-coffee shop.
Applicable Ordinance Provisions:
Zoning map amendment standards are found in Section 30-381 of the Zoning Ordinance. Planned
Development standards are found in Section 30-387 of the Zoning Ordinance.
Property Location and Background Information:
The subject site is a 0.25-acre property located along South Koeller Street, south of West 9th
Avenue. The site has an existing restaurant building (Pizza Hut) and associated parking stalls.
The surrounding area consists of commercial uses. The 2040 Comprehensive Land Use Plan
recommends Interstate Commercial use for the subject site.
Subject Site
Existing Land Use Zoning
Commercial SMU
Adjacent Land Use and Zoning
Existing Uses Zoning
North Commercial SMU
South Commercial SMU-PD
East Commercial SMU
West Interstate-41 SMU
Comprehensive Plan
Comprehensive Plan Land Use Recommendation Land Use
2040 Land Use Recommendation Interstate Commercial
ANALYSIS
Zone Change
The applicant is requesting a zone change from the existing Suburban Mixed Use District (SMU)
designation to Suburban Mixed Use District with a Planned Development Overlay (SMU-PD) for
the subject property. The requested Planned Development Overlay designation is intended to
allow for flexibility in the zoning ordinance to accommodate redevelopment of the property. The
applicant has submitted plans for a drive-through coffee shop, which will be addressed as a
General Development Plan (GDP) and Specific Implementation Plan (SIP) review to follow. Staff
is supportive of the proposed rezone as it will assist redevelopment of the relatively small
commercial property.
Use
The applicant is proposing to demolish the existing building and parking lot on the subject site
for development of a 530 sq. ft. drive-through coffee shop (7 Brew) with two-lane drive-through.
The proposed drive-through coffee shop use is permitted in the SMU District. There will be no
inside seating for the general public as only employees are allowed inside the building.
Rezone to SMU-PD
Site Design
Site Plan
The proposed development will be accessed from a shared parking lot with driveway accesses to
the north and south of the site. The applicant has provided an easement document and stated that
they have the ability to access the site from the existing shared parking lot.
The applicant is requesting Base Standard Modifications (BSM) for reduced front, side, and rear
yard setbacks. As proposed, the drive-through lanes will extend into the front yard to within 13.6’
of the South Koeller Street right-of-way line, where code requires a 25’ front yard setback and will
have 0’ side and rear yard pavement setbacks, where code requires 5’ side and rear yard
pavement setbacks.
A Plan Commission workshop was held on December 3, 2024, with Plan Commission voicing
support for the proposed use. They recommended increased landscaping to offset the reduced
setbacks and to provide screening from the drive-through lane headlights.
Staff does not have concerns with the setback reductions as the limited available space on the site
does not make it feasible to meet setback requirements. The reduced front yard setback of 13.6’ is
consistent with front setbacks on neighboring sites (approximately 14’ for property to the south
and 8.5’ for property to the north). The 0’ side and rear yard setbacks are consistent with the 0’
setbacks for the existing site, abutting shared parking area. The reduced side and rear yard
setbacks are also needed to maintain sufficient front yard setback to install appropriate landscape
buffering from the public right-of-way.
Required Provided
Front Setback (west) 25 ft. min. 13.6 ft. (pavement)
Side Setback (north) 5 ft. min. 0 ft. (pavement)
Side Setback (south) 5 ft. min. 0 ft. (pavement)
Rear Setback (east) 5 ft. min. 0 ft. (pavement)
Parking Min. 2 spaces
Max. 25 spaces 0 spaces
Impervious Surface 70% max. 78.1%
Code requires a minimum of 1 parking space per 300 sq. ft. of gross floor area for restaurant uses.
The applicant is requesting a BSM to allow 0 parking spaces on-site, where code requires 2
parking spaces. Staff is supportive of the parking reduction due to the limited available space on
the property. The applicant has access to shared parking stalls in the expansive adjoining parking
lot and minimal parking is needed for the site as 4-12 employees are anticipated per shift and the
service is drive-through only, with no indoor service available to customers. The applicant has
stated that 29 stalls inside of the reciprocal access/parking easement are within 100’ of the
building entrance and these stalls are some of the farthest away from the entrance of Hobby
Lobby.
Establishments servicing food or drink have drive-through stacking length requirements of 100 ft.
in front of each order station, 55 ft. between the order station and pick-up window, and 25 ft. after
the pick-up window. The applicant states that orders are taken via tablets in the drive-through
lanes and employees then serve customers on the south side of the building. The proposed site
plan is compliant with drive-through stacking requirements.
The total proposed impervious surface area for the site exceeds the maximum of 70% for the SMU
District. Staff is supportive of the increased impervious surface ratio due to the relatively small
size of the lot, which make it difficult for even a minimally sized commercial development to be
within the 70% maximum.
The applicant is requesting a reduction of bicycle parking from the code requirement of 4 spaces
to 2 spaces. The applicant notes that due to the circulation of the drive-through and provided
landscape area, there is limited space on the site to provide the required bicycle parking. Staff
does not have concerns with the bicycle parking reduction as the site is vehicle-oriented with a
relatively low number of employees.
Signage
The building elevations show wall signage on the front and side facades. Wall signage will be
limited to a maximum of 1 sq. ft. per linear foot of building frontage per the sign ordinance, with
each business within the SMU District permitted at least 50 sq. ft. of wall signage regardless of the
length of building façade. The proposed signage meets this requirement. Signage will be
addressed under a separate building permit.
Lighting
The provided photometric plan meets minimum lighting levels of 0.4 fc for parking/drive areas.
Lighting levels along the public right-of-way are under the maximum of 1.0 fc, but exceed the
maximum of 0.5 fc along the north, south, and east property lines. The applicant is requesting a
BSM to allow increased lighting to 0.9 fc along the north and south property lines and 1.7 fc along
the east property line. Staff does not have concerns with the increased lighting level along the
these property lines as it is abutting shared parking/drive areas. Light fixtures will be full cutoff
fixtures mounted at 18’, which is under the maximum fixture height of 23’ (including 3’ high
base) in the SMU District.
Storm Water Management
The applicant has been in contact with the Department of Public Works regarding storm water
management for the site. Final storm water management plans will be reviewed during the Site
Plan Review process.
Landscaping
Landscaping is required for building foundations, paved areas, street frontage, and yards.
Landscape Plan
Building Foundation
Code requires a minimum of 40 landscaping points per 100 linear feet of building foundation. The
applicant is providing the required number of points, however the plantings will not be located
within 10’ of the building foundation, as required by code. According to the applicant, it is not
possible to plant landscaping around the principal building due to operational requirements for
the drive-through and walkways. Staff is supportive of the proposed BSM due to the site
limitations and unique use of the building, which requires employee walkways and pavement
around the building. The applicant has provided the required points near the refuse enclosure
and cooler.
Paved Area
The paved area requirement of 50 landscaping points per 10 parking stalls or 10,000 sq. ft. of
paved area is being met. The plan is also meeting the requirement that 30% of all points will be
devoted to tall trees and 40% will be devoted to shrubs.
Street Frontage
Code requires 100 points per 100 feet of street frontage. The landscaping ordinance also specifies
that 50% of the required points must be devoted to medium trees. The landscaping plan is
meeting these requirements.
Yards
Code requires 20 landscaping points per 1,000 sq. ft. of gross floor area. The provided yard
landscaping points meet this requirement.
The plan provides almost triple the required total landscaping points. The applicant has also
increased the planting size of arborvitae trees on the street side of the drive lanes, from the
minimum 4’ height to 6’. The increased landscaping points and planting size serves to offset
requested BSMs and the larger planting size provides increased buffering of headlights from the
public right-of-way.
Building Facades
Commercial building design standards require facades to consist of at least 50% Class I materials.
The specific elevations breakdown is as follows:
Required Class I Provided Class I Provided Class I including
Nichiha Fiber Cement
North (side) 50% 10% 88%
South (side) 50% 22% 85%
East (rear) 50% 0% 85%
West (front) 50% 26% 81%
The applicant is requesting a BSM to allow Nichiha fiber cement siding as a Class I material to
meet the 50% Class I requirement on each facade. The proposed fiber cement siding is considered
a Class III material.
Although Nichiha fiber cement is considered a class III material, staff feels that Nichiha fiber
cement is a high quality, durable material, that is comparable with other class I materials. The
Nichiha fiber cement will provide a brick-like appearance for the proposed building, which will
be compatible with building facades of the neighboring commercial uses along South Koeller
Street.
The proposed cooler and refuse enclosures to the north of the building will also be constructed of
Nichiha fiber cement to match the building.
FINDINGS/RECOMMENDATION/CONDITIONS
In its review and recommendation to the Common Council on an application for a Zoning Map
amendment, staff recommends the Plan Commission make the following findings based on the
criteria established by Chapter 30-381 (D)(2):
(a) Advances the purposes of this Chapter as outlined in Section 30-03 because the
proposed Planned Development Overlay will allow for further review of
development on the site.
(b) Is in harmony with the Comprehensive Plan because the underlying zoning
designation (SMU) is consistent with the 2040 Comprehensive Land Use Plan
designation of Interstate Commercial.
(c) Maintains the desired overall consistency of land uses, land use intensities, and
land use impacts within the pertinent zoning districts because the SMU zoning
designation is consistent the zoning of neighboring properties.
(d) Addresses any of the following factors that are not properly addressed on the
current Official Zoning Map:
(ii) Factors have changed (such as new data, infrastructure, market conditions,
development, annexation, or other zoning changes), making the subject
property more appropriate for a different zoning district. A redevelopment
has been proposed for the site that may need relief from the performance
standards of the current zoning ordinance.
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 because the proposed drive-through coffee shop use is consistent
with the SMU zoning designation and Interstate Commercial 2040 Comprehensive Land
Use Plan designation.
(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 because the proposed commercial use is consistent with neighboring
commercial uses along South Koeller Street.
(g) The proposed architecture and character of the proposed Planned Development project
is compatible with adjacent/nearby development because the drive-through service site
design is consistent with drive-through service sites in the surrounding area and the brick-
like appearance of the building exterior will be consistent with the appearance of other
commercial buildings along South Koeller Street.
(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 because increased landscaping points and increased planting size will be
provided to compensate for BSM requests.
Staff recommends approval of the zone change, General Development Plan, and Specific
Implementation Plan with the findings listed above and the following conditions:
1. Base Standard Modification (BSM) to allow reduced front yard setback to 13.6 ft.
2. BSM to allow reduced rear yard setback to 0’.
3. BSM to allow reduced side yard setback to 0’.
4. BSM to allow reduced off-street parking to 0 parking spaces.
5. BSM to allow reduced bicycle parking to 2 bicycle parking spaces.
6. BSM to allow increased impervious surface ratio to 78.1%.
7. BSM to allow increased lighting level to 0.9 fc at the north and south property lines, and
1.7 fc at the east property line.
8. BSM to allow reduced building foundation landscaping to 0 landscaping points.
9. BSM to allow fiber cement siding (Nichiha) as a Class I building material.
10. Final landscaping, lighting, and signage plans shall be reviewed and approved by the
Department of Community Development.
The Plan Commission recommended approval of the requested zone change on March 18, 2025.
The following is Plan Commission’s discussion on the item.
Site Inspections Report: Mr. Bowen, Ms. Propp, Mr. Rucker, Mr. Loewenstein and Mr. Kiefer
reported visiting the site reported visiting the site.
Staff report accepted as part of the record.
Mr. Slusarek presented the items and reviewed the site and surrounding area as well as the land
use and zoning classifications in this area. Staff recommends approval of the zone change,
General Development Plan, and Specific Implementation Plan with the finding and conditions
listed in the staff report.
Mr. Kiefer opened up technical questions to staff.
Mr. Rucker asked about future changes to improve the flow of traffic in the area.
Mr. Slusarek stated whenever the parking lot is replaced, staff can work with the applicant on
that.
Mr. Kiefer opened the public hearing and asked if the applicant wanted to make any statements.
Eric Drazkowski, a Civil Engineer with Excel Engineering at 100 Camelot Drive in Fond du Lac,
made himself available for questions.
Ms. Propp asked if there is an entrance located nearby, off South Koeller Street.
Mr. Drazkowski stated the nearest entrance is south of Potbelly’s Sandwich Shop.
Mr. Kiefer asked if any members of the public wished to speak. There were none.
Mr. Kiefer closed the public hearing.
There was no closing statement from the applicant.
Motion by Davey to adopt the findings and recommendation as stated in the staff report.
Seconded by Belville.
Mr. Kiefer asked if there was any discussion on the motion.
Mr. Loewenstein asked what the area would look like when complete. He had concerns about the
visibility of the building, because of the arborvitae along South Koeller Street.
Mr. Slusarek stated the arborvitae are necessary because of the headlights.
Mr. Belville spoke in support of the project and mentioned the workshop that was held in
December 2024. He discussed the Taco Johns on the corner of Witzel Avenue and North Sawyer
Street, which has arborvitae, and how you can still see the building.
Motion carried 6-0; 1 present (Bowen).
$1,500,000
Page 13
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PROPOSED COFFEE SHOP
530 S.F.
CIVIL F.F.= 774.10
ARCH F.F.= 100'-0"
PROPOSED COOLER
250 S.F.
CIVIL F.F. = 774.10
ARCH F.F.= 100'-0"
11
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SHEET NUMBER
PROJECT INFORMATION
PROFESSIONAL SEAL
JOB NUMBER
240316900
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SHEET ISSUE
REVISIONS
C1.1A
CIVIL SITE PLAN
FEB. 26, 2025
20'0 20'40'
SCALE: 1"= 20' NORTH
SITE INFORMATION:
PROPERTY AREA: 10,890 S.F. (0.25 ACRES).
PROPERTY TAX KEY: 1308480300
EXISTING ZONING: SUBURBAN MIXED USE
PROPOSED ZONING: SUBURBAN MIXED USE PLANNED DEVELOPMENT
PROPOSED USE: RESTAURANT W/ DRIVE THRU
DISTURBED AREA: 10,890 S.F. (0.25 ACRES0
SETBACKS:
BUILDING: FRONT(WEST) = 25'
SIDE(NORTH/SOUTH) = 10'
REAR(EAST) = 25'
PAVEMENT:FRONT(WEST) = 25'
SIDE(NORTH/SOUTH) = 10'
REAR(EAST) = 25'
BUFFERYARD: FRONT(WEST) = 5'
SIDE(NORTH/SOUTH) = 5'
REAR(EAST) = 5'
PROPOSED BUILDING HEIGHT: 19.83' (MAX. HEIGHT ALLOWED: 45')
BICYCLE PARKING REQUIRED: 4 SPACES (2 PROVIDED)
PARKING REQUIRED: 1 SPACE PER 300 S.F. (3 SPACES REQ.)
PARKING PROVIDED: RECIPROCAL PARKING AGREEMENT WITH OWERALL DEVELOPMENT
HANDICAP STALLS REQUIRED: 1, HANDICAP STALLS PROVIDED: 1
DRIVE-THRU QUEUING: 14 QUEUING SPOTS PROVIDED
NO HAZARDOUS MATERIALS WILL BE STORED ON SITE.
EXISTING SITE DATA
AREA (AC)AREA (SF)RATIO
BUILDING FLOOR AREA 0.06 2,737 25.1%
PAVEMENT (ASP. & CONC.)0.11 4,798 44.0%
TOTAL IMPERVIOUS 0.17 7,535 69.2%
LANDSCAPE/ OPEN SPACE 0.08 3,359 30.8%
PROJECT SITE 0.25 10,894 100.0%
PROPOSED SITE DATA
AREA (AC)AREA (SF)RATIO
BUILDING FLOOR AREA 0.02 780 7.2%
PAVEMENT (ASP. & CONC.)0.18 7,728 70.9%
TOTAL IMPERVIOUS 0.20 8,508 78.1%
LANDSCAPE/ OPEN SPACE 0.05 2,386 21.9%
PROJECT SITE 0.25 10,894 100.0%
KEYNOTES
CONCRETE STOOP (SEE STRUCTURAL PLANS FOR DETAILS)
RAISED WALK (SEE DETAIL)
FLUSH WALK (SEE DETAIL)
CURB RAMP (SEE DETAIL)
18" CURB & GUTTER (SEE DETAIL)
CURB TAPER (SEE DETAIL)
HANDICAP SIGN PER STATE CODE (SEE DETAIL)
HANDICAP STALL & STRIPING PER STATE CODES
DUMPSTER ENCLOSURE (SEE ARCH PLANS FOR DETAILS)
6" CONCRETE BOLLARDS (TYP.) (SEE ARCH PLANS FOR DETAILS)
BIKE RACK (TYP.) (TYPE & COLOR BY OWNER)
DETECTABLE WARNING PLATE PER STATE CODE
PICNIC TABLE (DETAILS BY SUPPLIER)
PAINT STRIPING (TYP). FINAL COLOR BY OWNER
OSHKOSH ROW CONCRETE AND CURB AND GUTTER. REPLACE TO MATCH EXISTING
SECTION. INSTALL PER CITY STANDARDS.
APPROXIMATE AREA OF SNOW REMOVAL. (EXISTING REA ALLOWS OFFSITE)
1
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LEGEND:
HATCH PAVEMENT SECTION
HEAVY DUTY ASPHALT
SIDEWALK CONCRETE
DUMPSTER PAD / APRON
CONCRETE
CITY OF OSHKOSH ROW
CONCRETE
GENERAL NOTES:
·CONTRACTOR TO CONTACT THE CITY OF OSHKOSH WATER
DISTRIBUTION UTILITY AT 232-5330 AT LEAST 7 DAYS PRIOR TO ANY
WORK INVOLVING THE PUBLIC WATER MAIN (INCLUDING LATERAL
CONNECTIONS)
·ALL EROSION CONTROL MEASURES SHOULD BE IMPLEMENTED AND
CONSTRUCTED IN ACCORDANCE WITH WISCONSIN DNR TECHNICAL
STANDARDS
·ALL WORK PERFORMED WIHTIN THE ROW OR ANY EASEMENTS
CONFORMS TO CITY OF OSHKOSH SPECIFICATIONS
·USE 3M SCOTCHMARK MODEL 1404-XR WASTEWATER AND 1408-XR
MARKER BALLS OR EQUAL TO PROVIDE LOCATION OF THE SANITARY
NAD STORM LATERALS. ONE BALL SHALL BE PROVIDED AT THE
CONNECTION TO THE MAIN, ONE BALL 2' OFF THE ROW INTO THE
ROW, AND ONE BALL AT ALL HORIZONTAL AND VERTICAL BENDS.
MAXIMUM DEPTH OF BURY OF THE MARKER BALL IS 5 FEET.
·ALL TRUCKS SHALL TAKE THE SHORTEST ROUTE TO THE NEAREST
TRUCK ROUTE. THE CITY ENGINEERING DEPARTMENT MAY APPROVE
AN ALTERNATE ROUTE UPON REQUEST.
PD BASE STANDARD MODIFICATIONS:
·SECTION 30-52(G) - SETBACKS
·SECTION 30-175(Q)(1)(a) - BICYCLE PARKING
·SECTION 30-253(A)(3)-BUILDING FOUNDATION PLANTING LOCATIONS
·USE OF NICHIHA AS CLASS I BUILDING MATERIAL
·TOTAL IMPERVIOUS AREA EXCEEDING 70%
偡来‱㤠
REZONE.GDP.SIP
1120 S. KOELLER ST.
PC: 3-18-2025
PARVATI OSH REALTY LLC
16625 POWELLS COVE BLVD
APT 12E
FLUSHING NY 11357-1518
1120 KOELLER LLC
C/O PH HOSPITALITY GROUP
1120 S KOELLER ST
OSHKOSH WI 54904-6171
1028 N 14 ST SHEBOYGAN LLC
ATTN: 404 S KOELLER ST LLC
691 S GREEN BAY RD #208
NEENAH WI 54956-3153
K F INVESTMENTS LLC
288 E JOHNSON ST
FOND DU LAC WI 54935-3632
KOELLER ONE LLC
C/O LIVESEY CO LLC
2248 DEMING WAY # 200
MIDDLETON WI 53562-5509
Page 20
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Page 21
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Prepared by: City of Oshkosh, WI
Printing Date: 2/21/2025
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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
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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 :April 08, 2025
SUB JEC T:SUB JEC T :Res 25-173 Approve Budget Amendment and Professional Service Agreement with Associated
Appraisal Consultants, Inc. for City Assessor Services Compliance with State Statutes 70.05
($85,000)
B A C KGRO UN DBACKGROUND
To ensure compliance with Wisconsin state statutes governing property assessments, the City of Oshkosh
needs to engage professional appraisal services. Associated Appraisal Consultants, Inc. has been
selected due to their established expertise and ability to deliver superior services necessary for
maintaining accurate and compliant assessment processes.
A N A L Y SI SANALYSIS
The engagement of Associated Appraisal Consultants, Inc. will support the city's objectives of maintaining
statutory compliance in property assessment. This engagement provides a defined scope of services that
will enhance the accuracy and reliability of our property valuations. The agreement sets terms for the
remainder of this current year, with a built-in review process and an option for renewal based on
performance and future needs.
FI SC A L I M P A CTFISCAL I M P A C T
The financial requirement for these services is set at $85,000 for the fiscal year 2025. This will be financed
through a reallocation from the City Assessor Regular Pay budget to the City Assessor Contracted
Services budget. This strategic budget management ensures that the necessary appraisal services are
covered without requiring additional appropriations or impacting other fiscal commitments.
REC O M M E N D A TI ONRECOMMENDATION
It is recommended that the Common Council approve the resolution, which authorizes the budget
amendment and the execution of the professional service agreement with Associated Appraisal
Consultants, Inc. This approval will enable the city to uphold the statutory mandates and enhance
operational efficiency in property assessments.
A t t a chment sAttachments
RES 25-173
Exhibit A to Res 25-173 - AAC Contract
04/08/2025 25-173 RESOLUTION
CARRIED 6-0
PURPOSE: APPROVE BUDGET AMENDMENT AND PROFESSIONAL SERVICE AGREEMENT WITH ASSOCIATED
APPRAISAL CONSULTANTS, INC. FOR CITY ASSESSOR SERVICES COMPLIANCE WITH STATE STATUTES 70.05
($85,000)
INITIATED BY : COMMUNITY DEVELOPMENT
WHEREAS, the City of Oshkosh recognizes the need to maintain compliance with Wisconsin state statutes
regarding property appraisal and assessment services; and
WHEREAS, there is a necessity to amend the current city budget to allocate funds for professional
assessment services to ensure compliance and accuracy; and
WHEREAS, Associated Appraisal Consultants, Inc. has demonstrated expertise and capabilities in providing
these specialized assessor services; and
WHEREAS, the proposed budget amendment and professional service agreement will allocate eighty-five
thousand dollars ($85,000) for these services for the fiscal year 2025; and
WHEREAS, the funding for this amendment will be reallocated from the Assessor Division Regular Pay
budget 0100-0080-6102 into the Assessor Division Contracted Services budget 0100-0080-6417-63013; and
Transfer $85,000 from A/N 0100-0080-6104 to A/N 0100-0080-6417-63013
WHEREAS, the proposed agreement, attached hereto as Exhibit A, outlines the scope, terms, and
conditions under which Associated Appraisal Consultants, Inc. will operate;
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that the budget
amendment for the fiscal year 2025 in the amount of $85,000 is hereby approved.
BE IT FURTHER RESOLVED that this agreement shall be effective for the calendar year of 2025, with the option
to renew for the calendar year 2026, subject to mutual agreement of the parties and appropriate
budgetary provisions.
BE IT FURTHER RESOLVED that City staff is hereby authorized to execute the professional service agreement
with Associated Appraisal Consultants, Inc., in the form attached hereto as Exhibit A.
City Hall, 215 Church Avenue P.O. Box 1130 Oshkosh, WI 54903-1130 http://www.ci.oshkosh.wi.us
AGREEMENT FOR CITY ASSESSOR SERVICES
1. Parties. This Agreement is made by and between the following:
a. City of Oshkosh, a Wisconsin Municipal Corporation (City)
215 Church Avenue
Oshkosh, Wisconsin 54901-4747
b. Associated Appraisal Consultants, Inc., a Wisconsin Corporation (AAC)
W6237 Neubert Road
Appleton, Wisconsin 54913-7989
2. Effective Date. ____________, 2025.
3. Termination Date. December 31, 2025, except for the following circumstances:
a. City Assessor Appointed: AAC has been informed and understands that
the City of Oshkosh may recruit or employ an in-house city assessor. If the
City is successful in hiring an in-house city assessor, then the parties may
mutually agree to an earlier termination date for this Agreement or the City
may unilaterally terminate this agreement upon no less than 30 days’ notice
to AAC.
b. For Cause: If either party shall fail to fulfill in timely and proper manner
any of the material obligations under this Agreement, the other party may,
at its discretion, terminate this Agreement by written notice. In this event,
AAC shall be entitled to compensation to the date of delivery of the Notice.
c. Upon termination for any reason AAC shall turn over all deliverables
completed under the Agreement within fifteen (15) calendar days of the
date of termination.
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4. Fees. In return for AAC’s agreement with the terms and conditions described
herein, and performance of the services promised, the City will pay AAC sum not
to exceed ____________and NO/100 dollars ($__________.00) monthly or a total of
_________ for the contract term. The City agrees to make such payment(s) upon
AAC’s acceptance of these terms and performance of the services described. This
amount is inclusive of all costs, fees, and expenses.
a. The compensation due to AAC shall be paid in monthly installments for
each assessment year as outlined in this Agreement. Invoices will be
provided by AAC on or before the first day of each month and shall be paid
by the City no later than thirty (30) days from the date of invoice.
b. If any statement amount is disputed, the City may withhold payment of
such disputed amount and shall provide to AAC a statement as to the
reason(s) for withholding payment. Amounts invoiced and not disputed
shall be paid according to the regular schedule agreed upon.
c. All payments shall be made to: Associated Appraisal Consultants, Inc., P.O.
Box 291, Greenville, Wisconsin, 54942-0291
5. Services Provided. A detailed description of the work to be performed is attached
as Exhibit A. A timeline of services is attached as Exhibit B.
6. Component Parts of the Parties’ Agreement. For convenience, the parties agree to
compile various separate documents related to this project and incorporate them
into this Agreement. Therefore, the terms and conditions of this Agreement may
be in multiple places, and consist of the component parts described below. The
component parts may or may not be physically attached to this Agreement.
Regardless of whether or not they are attached, they are considered to be fully
incorporated as a part of this Agreement. The component parts of this Agreement
are:
a. The terms of this Agreement, including any other documents or terms
referenced and/or attached, but not including component parts identified
below.
b. AAC’s Proposal for Additional Services for City of Oshkosh, attached
hereto.
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c. The terms and conditions are listed above in order of importance. If terms
and conditions in various component parts are conflicting, then the terms
and conditions in the component part first listed will control over the
conflicting term and condition found in the later component part. The
preceding rule of interpretation may be modified by the parties in
particular circumstances that may be explicitly described elsewhere in this
Agreement.
7. Representatives. The parties assign the following persons as the primary contacts
for their respective interests related to managing and carrying out the tasks of this
Agreement. While AAC must identify a person with Assessor I or II Certifications
who will be responsible for the day-to-day tasks required by this Agreement, AAC
shall also at all times appoint a Supervisor/Manager with an Assessor III
Certification with the ability to promptly respond to questions and concerns that
the City may have regarding Commercial maintenance assessment tasks and
obligations. These persons may be changed upon written notice from the party
making the change.
a. For the City: Sara Rutkowski, Assistant Community Development Director
Contact: 920-236-5045
srutkowski@oshkoshwi.gov
b. For AAC: Day-to-day operations: Dean Peters
Contact: _________________________________________
Supervisor/Manager: ______________________________
Contact: __________________________________________
8. Records and Deliverables. Reports, plans and specifications, and other
information may be provided to City as deliverables for this Project. Specific
records and deliverables are identified and described elsewhere in this
Agreement, including attached Exhibit B. Use, and treatment, of deliverables shall
be allowed as follows:
a. Deliverables prepared under this Agreement shall become the property of
the City upon completion of the work and payment in full of all monies due
to AAC.
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b. However, AAC may continue to use the deliverables and information
therein for descriptions or discussions of this project in other contexts, and
may also use some or all of the information in the deliverables in or for other
projects. Any such subsequent use by AAC shall be without royalty or
other fees, or obligations, to City.
9. Time of the Essence. The parties explicitly understand the importance of the
subject of this Agreement, in that the purpose of this Agreement addresses one of
the more fundamental tasks of a governmental body, which is the City’s taxation
of private property. AAC and the City agree that they will proceed accordingly.
a. The property assessment process is required to proceed according to
statutory processes and timelines. Therefore, time is of the essence
regarding all required tasks described in this Agreement.
b. AAC shall perform the services under this Agreement with diligence and
expediency consistent with statutory requirements and sound professional
practices.
c. Exhibit B, as attached to this Agreement, identifies a timeline the parties
mutually agreed upon. Each milestone described in the timeline is material
and strict compliance is expected. AAC must notify the City in writing
upon compliance with all milestone requirements. If AAC reasonably
believes it may not meet one or more required milestones within the agreed
upon timeline, then AAC must notify the City verbally and in writing as
soon as AAC has identified a situation in which they may not comply with
a milestone within the agreed upon timeline.
d. Failure to meet any milestone within the agreed upon timeline, except those
failures that are directly caused by the City’s failure to perform material
obligations described in this Agreement, will result in the City declaring a
default of the contract as a whole, or imposing liquidated damages or other
remedies as described in this Agreement.
e. If AAC believes that its potential non-compliance with a project milestone
is the result of any deficiency of the City’s performance any of the City’s
required functions, then AAC shall notify the City verbally and in writing
immediately upon identifying such deficiency so that the parties may
attempt to resolve the matter.
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f. While the City believes that time spent on this project should be focused on
performing the substance of this Agreement, the City nevertheless stresses
the importance of communication and updates on tasks achieved, problems
encountered, and opportunities to resolve issues. Therefore, the
milestones, timelines, and guidance described herein are minimum
requirements. Early notifications of potential issues are preferred over
waiting for material problems to present themselves.
g. AAC’s advance notification of issues, problems, or the potential of failing
to comply with milestones does not absolve or waive the City’s right to
declare a breach, default, or other failure to comply with any term herein.
AAC is expected to utilize sufficient additional resources necessary to
address the issue or problem to ensure milestones are met.
h. The City agrees that AAC is not responsible for damages arising directly or
indirectly from any delays for causes beyond AAC’s control. For the
purposes of this Agreement, such causes include, but are not limited to,
strikes or other labor disputes, severe weather disruptions or other natural
disasters, public health emergencies, or failure of performance by the City.
If the delays resulting from any such causes increase the time required by
AAC to perform its services in an orderly and efficient manner, AAC shall
be entitled to an equitable adjustment in schedule, understanding,
however, that the required tasks are subject to statutory requirements.
10. Assignment. Neither party to this Agreement shall transfer, sublet or assign any
rights under or interest in this Agreement (including, but not limited to, monies
that are due or monies that may be due) without the prior written consent of the
other party. The City has complete discretion regarding its consent to any request
for assignment.
11. Independent Contractor. AAC is an independent contractor and is not an
employee of the City.
12. Cooperation with Department of Revenue (DOR) Audits and Litigation. AAC
shall fully and completely cooperate with the City, the DOR, the City’s attorneys,
the City’s Insurer, and any other Auditors or other representative of the City
(collectively, the “City” for purposes of this Agreement).
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a. Cooperation is expected in connection with any internal or governmental
investigation or administrative, regulatory, arbitral or judicial proceeding
(collectively “Litigation”) or internal or governmental Audit, with respect
to matters relating to this Agreement.
b. Excluded from this duty of cooperation is a third-party proceeding in which
AAC is a named party and AAC and the City have not entered into a
mutually acceptable joint defense agreement.
c. Examples of expected cooperation may include, but shall not be limited to,
responding to requests for documents and/or other records, and making
AAC’s employees available to the City (or their respective insurers,
attorneys or auditors) upon reasonable notice for: (i) interviews, factual
investigations, and providing declarations or affidavits that provide
truthful information in connection with any Litigation or Audit; (ii)
appearing at the request of the City to give testimony without requiring
service of a subpoena or other legal process; (iii) volunteering to the City all
pertinent information related to any Litigation or Audit; and (iv) providing
information and legal representations to auditors in a form and within a
timeframe requested.
d. City shall reimburse AAC for reasonable direct expenses incurred in
connection with providing documents and records required under this
paragraph and may require, at the City’s sole discretion, such expenses to
be documented by receipts or other appropriate documentation.
Reasonable direct expenses include costs, such as copying, postage and
similar costs; but do not include wages, salaries, benefits and other
employee compensation. AAC shall not be entitled to additional
compensation for employee services provided under this paragraph.
13. Standard of Care. The standard of care applicable to AAC's Services will be the
degree of skill and diligence normally required by the Department of Revenue and
that is employed by professionals performing the same or similar services during
the time period said services are performed. All of the work performed by AAC
under this Agreement shall be accomplished in accordance with the provisions of
the laws of the State of Wisconsin and with all rules and regulations officially
adopted and promulgated by the Wisconsin Department of Revenue. AAC shall
re-perform any services not meeting this standard without additional
compensation.
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14. City Responsibilities. A detailed description of City Responsibilities is attached as
Exhibit C.
15. Hold Harmless. It is the intention of the parties that each party shall be solely
responsible for its own actions, inactions, and activities, including the actions and
activities of its own officers, employees and agents while acting within the scope
of their employment.
a. AAC covenants and agrees to protect and hold the City of Oshkosh
harmless against all actions, claims, and demands which may arise related
to this Project. AAC’s obligations will be to the proportionate extent caused
by or resulting from the intentional or negligent acts of AAC, its agents or
assigns, its employees, or any sub-consultant it has retained to assist with
this issue. The relevant acts are those which are related to the performance
of this Agreement or which are caused by or result from any violation of
any law or administrative regulation. AAC shall indemnify or refund to
the City all sums expended including court costs, attorney fees, and
punitive damages which the City may be obliged or adjudged to pay.
Claims or demands are due within thirty (30) days of the date of the City’s
written demand for indemnification or refund for those actions, claim, and
demands caused by or resulting from intentional or negligent acts as
specified in this paragraph.
b. Subject to any and all immunities and limitations contained in Wisconsin
Statutes, Sec. 893.80, and any applicable part of the Wisconsin Statutes, the
City agrees to hold AAC harmless from liability, including claims,
demands, losses, costs, damages, and expenses of every kind and
description (including death), to the proportionate extent caused by or
result from the intentional or negligent acts of the City, its agents or assigns,
its employees, or its sub-consultants related to the performance of this
Agreement or which may be caused or result from any violation of any law
or administrative regulation, where such liability is founded upon or grows
out of the acts or omission of any of the officers, employees or agents of the
City of Oshkosh while acting within the scope of their employment.
c. The intention of this paragraph is that the parties are responsible for their
own actions or inactions under this Agreement, except for claims,
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settlements, judgments or monetary damages claimed in relation to tax
assessments under paragraph d. below.
d. City covenants and agrees to protect, defend, and hold AAC harmless from
all claims and liabilities relating to the assessment or taxation of property,
including but not limited to claims made and circuit court actions under
Wis. Stat. §74.35, §74.37 and/or liability under Wis. Stat. § 70.503 and any
penalties imposed by law under these statutes.
16. Insurance. AAC agrees to procure and retain in good standing policies which in
all respects comply with the attached City of Oshkosh Insurance Requirements for
Professional Services, Exhibit D attached hereto.
17. Default/Remedies.
(a) Failure to Meet Milestone Dates / Liquidated Damages. AAC recognizes
that time is of the essence for the performance of its responsibilities under
this Agreement and the City will suffer damages, including and not limited
to financial loss, if the work is not completed within the times specified, plus
any extensions agreed upon between the City and AAC. The parties also
recognize the significant delays, expense, and difficulties involved in
identifying and proving actual losses suffered by the City if the work
performed by AAC is not completed according to the milestones identified
within the agreed upon timeline. Accordingly, instead of requiring such
proof, the City and AAC agree that as liquidated damages sustained by the
City for delay, but not as a penalty, AAC shall pay to the City, which amount
may be set off by the City upon AAC invoices, an amount equal to $100 per day
for each business day that AAC fails to meet any specified milestone deadline
set forth in this Agreement. Continued failure to meet milestone date(s) may
result in termination of the Agreement.
(b) Breach of Agreement. An Event of Default under this Agreement shall be
defined as when either party breaches any provision of this Agreement or
its obligations under this Agreement; provided, that written notice of the
breach has been given to the other party and the breaching party has failed
to cure such breach within ten (10) business days, if a longer period is
reasonably required under the circumstances, so long as the breaching has
begun to cure such breach in good faith within the ten (10) day period and
thereafter diligently continues to cure such breach the parties may agree to
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extend this period. Notwithstanding the foregoing or any other term in this
Agreement, any failure by AAC to comply with any milestone identified
within the parties’ agreed upon timeline shall result in the immediate
application of liquidated damages except in those situations where the City
has agreed, in writing and signed by authorized individuals, to adjust or
extend any milestone requirement.
(c) City Remedies upon Event of Default. In the Event of Default by AAC, the
City may terminate the Agreement. All work completed by AAC and paid
for by the City shall be transferred to the City within fifteen (15) calendar
days of the date of termination.
(d) Delay in Exercise of Rights Not Waiver. No delay or omission to exercise
any right or power by either party upon any default by the other party shall
impair any such right or power or shall be construed to be a waiver thereof,
but any such right and power may be exercised from time to time and as
often as may be deemed expedient as long as the default is continuing.
(e) Written Waiver Required. In the event this Agreement is breached by either
party and such breach is expressly waived in writing by the other party,
such waiver shall be limited to the particular breach so waived and shall
not be deemed to waive any other concurrent, previous, or subsequent
breach hereunder. A party's acquiescence in not enforcing any portion of
this Agreement shall not provide a basis for the application of estoppel or
other like defense or otherwise constitute waiver. Any waiver of any
provision of this Agreement by the City must be express and in writing.
(f) Compensation for Costs of Breach. Whenever there is an Event of Default
by a party hereunder, and the non-breaching party employs attorneys or
incurs other expenses for the collection of payment due or for the
enforcement of any obligation or agreement contained in this Agreement,
the breaching shall, on demand thereof, pay to the non-breaching party the
reasonable fees of such attorneys and such other reasonable expenses
incurred by the non-breaching party.
18. Whole Agreement / Amendment. This document and any attachments identified
or documents referenced contain all terms and conditions of the Agreement and
any additions, subtractions, or alterations to the resulting Agreement shall be
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invalid unless made in writing, signed by both parties and incorporated as an
amendment to this Agreement.
19. No Third-Party Beneficiaries. This Agreement gives no rights, benefits, or
obligations to anyone other than City and AAC and therefore there are no third-
party beneficiaries of this Agreement.
20. Non-Discrimination. AAC will not discriminate in its actions related to this
Agreement on the basis of race, color, creed, age, and gender, or other protected
classes as otherwise prohibited by law. A breach of this term may be regarded as
a material breach of this Agreement. AAC agrees that all hiring or employment
related to this Agreement will not involve any discrimination against any
employee or applicant for employment related to race, color, religion, sex, sexual
orientation, gender identity, national origin, or other protected class as otherwise
prohibited by law.
21. Public Records. The City is a governmental entity that is required to comply with
Wisconsin public records laws. AAC acknowledges that Wisconsin Public
Records laws assume records are available for public viewing unless there are
specific other laws that prevent or limit release, and further acknowledges that
documents provided to a public entity such as the City are treated by the law
differently than documents provided to a private entity. AAC also acknowledges
that it is a contractor of the City and therefore pursuant to Wisconsin law may be
in possession of public records which are not otherwise also in the possession of
the City. AAC agrees to cooperate with the City and any public records requests.
Notwithstanding any other term of this Agreement, including component parts,
the City will always be allowed to use documents in conformity with all applicable
laws, including public records laws. Any action the City takes that is consistent
with any applicable law shall not be considered a breach or violation of this
Agreement, regardless if this Agreement or any attachment or referenced
document includes terms or conditions that conflict with applicable law that the
City is following. AAC may elect to challenge a public records decision by City,
but must do so at its own risk and own cost, regardless of the outcome of such
challenge.
22. Confidentiality. City as a public body is required by law to maintain certain levels
of transparency of its activities, including those activities carried out through
AACs. The assessment process, as described by statute and other regulations,
requires that certain information gathered from property owners or their agents
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and/or representatives remain confidential. Therefore, only those documents
related to annual maintenance assessment services that benefit from explicit
statutory protections may be redacted or withheld from release. AAC’s
designation of documents or information as “confidential,” “proprietary,” or
similar designation will not prevent its public viewing or use unless it is otherwise
protected by law. Similarly, references to lawful protections of information and
documents through intellectual property rights, trade secrets, or similar
designations, will be protected only to the extent that they qualify for statutory or
common law protections. As a general rule, in light of the statutory definition and
required chain of custody protocols, it is unlikely that information disclosed to
City would be considered a valid trade secret. AAC may elect to challenge a
decision in this regard by the City, but will do so at its own risk, and its own cost,
regardless of the outcome of such challenge.
23. Agreement Not to Be Construed Against Any Party. This Agreement is the
product of negotiation between all parties and therefore no term, covenant or
provision herein or the failure to include a term, covenant or provision shall be
construed against any party hereto solely on the basis that one party or the other
drafted this Agreement or any term, covenant or condition contained herein.
24. No Waiver. Failure of either party to insist upon the strict performance of terms
and provisions of this Agreement, or any of them, shall not constitute or be
construed as a waiver or relinquishment of that party’s right to thereafter enforce
such term or provision, and that term of the provisions shall continue in full force
and effect.
25. Severability. If any term, covenant, condition or provision of this Agreement shall
be adjudged invalid or unenforceable by a court of competent jurisdiction, the
remainder of this agreement shall not be affected thereby and the remainder of the
agreement shall be valid and enforceable to the fullest extent permitted by law.
26. Choice of Law, Venue, and Dispute Resolution. The laws of the State of Wisconsin
shall govern the interpretation and construction of this Agreement. Winnebago
County shall be the venue for all disputes arising under this Agreement. Under
no circumstance shall any dispute between the parties be subject to arbitration.
27. Signatures. By placing their signatures below, each individual affirms that the
entity they represent is authorized to enter into this Agreement, and further affirm
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that they are authorized by the entity they are representing to bind their respective
parties to the terms and conditions of this Agreement.
Signature Page to Follow
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Associated Appraisal Consultants, Inc.
By: _____________________________
Name / title
CITY OF OSHKOSH
By: _______________________________
Rebecca Grill, City Manager
And: _______________________________
Diane Bartlett, City Clerk
Approved as to form: I hereby certify that the necessary
provisions have been made to pay
the liability which will accrue under
this contract
_____________________________
Lynn A. Lorenson, City Attorney
______________________________________
Julie Calmes, Finance Director
Exhibit A
Description of Work to be performed
I. Overall Description of Work to be Performed. AAC shall be the statutory
Assessor for the City of Oshkosh and responsible for the duties and
responsibilities delegated to the City Assessor by Wisconsin Statutes.
AAC is currently under contract with the City for Commercial Revaluation
Services for calendar year 2025 and Annual Maintenance Services through
2027. This Agreement shall be in addition to and in coordination with the
services provided in those separate agreements.
II. Compliance with Statutes and Wisconsin Property Assessment Manual. As
statutory assessor, AAC shall ensure that all assessments are made in
accordance with Wisconsin State Statutes and the Wisconsin Department of
Revenue Wisconsin Property Assessment Manual and shall be responsible for
all final values arrived at in compliance with same.
III. Assigned Personnel. AAC and the City agree that Mr. Dean Peters shall be
assigned by AAC to the position of City of Oshkosh Assessor. Should Mr.
Peters no longer work for AAC, should Mr. Peters become otherwise
unavailable for work under this Agreement, or should his performance become
unsatisfactory to the City, AAC may temporarily assign interim personal with
the same or higher credentials and certifications to Mr. Peters to this
Agreement and AAC and the City shall meet to consider and agree upon longer
term resolution which resolution may include, but is not limited to, assignment
of other personnel or termination of the Agreement.
All personnel assigned to or performing work for the City shall present a
positive, professional appearance and perform work professionally and in a
courteous manner. The City reserves the right to prohibit assignment of any
employee of AAC from participation in services under this Agreement, if the
City reasonably determines there is good cause to do so. If the City deems the
performance of any employee to be unsatisfactory, the City shall promptly
notify and discuss with AAC this issue, and AAC shall promptly reassign such
employee so that they no longer perform work under this Agreement.
IV. AAC shall be the statutory assessor for the City of Oshkosh and responsible for
the duties and responsibilities delegated to the city assessor by Wisconsin
Statutes, including but not limited to, the oversight, review and validation of
assessment functions performed by city assessment staff; the completion of all
necessary documents in accordance with the requirements of Chapter 70 of the
Wisconsin Statutes; preparation and attendance at the annual Board of Review;
and cooperation with other city departments and divisions in relation to the
preparation of the tax roll, review of claims, challenges to assessments and
other matters pertaining to the responsibilities of the city assessor.
V. AAC shall generally act in an advisory capacity to City assessment staff,
including providing guidance and training to personnel with respect to
assessment information, practices, and procedures. AAC shall not be
responsible for supervisory tasks not directly associated with assessment
duties, but shall convey any observations pertaining to noteworthy
accomplishments, exceptional performance of duties, or concerns pertaining to
the performance of duties of city staff to the city representative as designated
for this Agreement.
VI. AAC shall provide office hours at least one day per week which may be flexible
as agreed upon by the City’s designated representative.
VII. In cooperation with the City, AAC shall prepare and implement standard
procedures for city staff field work and office review of real estate assessments
to implement best practices for creating, maintaining and updating records and
information pertaining to the following:
a. Property sales
b. New construction or remodeling (as identified by permits)
c. Buildings destroyed, significantly damaged or removed (as identified by
permits)
d. New recorded plats and certified survey maps
e. Annexations
f. Property formerly exempt, now assessed
g. Changes in use
h. Changes in property classification
VIII. Assessment Program/ Property Record Cards. AAC will use the existing City
of Oshkosh iasWorld Computer Assisted Mass Appraisal (CAMA) System as
a base for the work performed under this Agreement including the property
record card as designed and which may be modified from time to time within
the software and will review real estate valuations prepared using this system
for compliance with State statutes and the WPAM and modify or work with
city assessment staff as necessary to modify values as may be determined to be
appropriate in AAC’s professional judgment.
IX. AAC shall be responsible for the review and determination of requests for
exemption.
X. Prior to the Open Book conferences, AAC will review or work with city staff to
review all properties and make the proper correlation of values between the
cost, market and income approaches to value. This review will cover each
parcel so as to eliminate errors in computations that may have occurred, to
ensure uniformity amongst property types, to verify building classification and
depreciation estimates regarding physical, functional, and economic
obsolescence, and to be sure that all lands and improvements are properly
accounted for.
XI. AAC will work with city staff to carry on a suitable program of public
information to provide the public with information to understand the
assessment process, dates and deadlines for submission of information or
appeals, and to provide the public with information on how to contact the
Assessor’s Division with questions or concerns relative to their individual
property assessment.
XII. Open Book Conference. Upon completion of the City's review of assessments
and prior to the completion of the assessment rolls, AAC shall work with city
staff to hold Open Book conferences for the purpose of enabling property
owners or their agents to review and compare the assessed values. If property
owner requests an in-person conference, City staff will ensure meeting space is
available at City Hall for said conference. Under existing agreements AAC
shall be responsible for conducting all Open Book appointments for
commercial class properties. As City Assessor AAC shall assist City staff with
and provide guidance in regard to residential class properties.
Conferences may be held on an appointment basis. The City and AAC shall
mutually agree upon the date and hours of conferences to ensure that all
property owners have an opportunity to review their assessment.
AAC shall make any adjustments to the assessments based upon information
received during the open book conference and shall assure that all assessments
are finalized the tax roll is completed, balanced and signed timely for Board of
Review.
XIII. Board of Review. A certified member(s) of AAC’s field staff will attend
meetings of the Board of Review to explain and defend the assessed value of
commercial appeals and be prepared to testify under oath in regard to such
values and shall defend and/or assist in the defense of all residential appeals.
In the event of appeal to the Department of Revenue or the courts, AAC shall
make available a qualified representative(s) upon request from the City, for up
to eight (8) employee hours per appeal, to furnish testimony in defense of the
values established by AAC in all cases which might be filed within one (1) year
of the adjournment of the applicable Board of Review. Testimony of more than
eight (8) employee hours per appeal will require an addendum to this
Agreement.
XIV. Filing of Reports with Wisconsin Department of Revenue. As City Assessor,
AAC shall be responsible for completing and filing of all required reports with
the Wisconsin Department of Revenue by required deadlines.
XV. AAC shall keep the City designated Representative regularly informed as to
the progress of tasks to be achieved and as to any problems, issues, or concerns
regarding responsibilities under this Agreement and the performance of work.
Information concerning progress can be shared via email, phone calls or other
forms of communication as deemed necessary.
XVI. Misc. Provisions.
a. The contract price shall include all costs related to this Agreement. AAC or
its employees shall provide their own transportation necessary to perform
AAC’s responsibilities under this Agreement as well as any food or drink
during periods performing work for the City of Oshkosh.
b. AAC shall be available to attend, upon request of the City, meetings
regarding progress and general performance under this Agreement with
the Community Development Director, City Manager, City Attorney or
other relevant staff and/or City Council meetings upon reasonable prior
notice. These meetings shall not exceed more than eight (8) hours per year
or additional compensation may be agreed upon to meet.
Exhibit B – Timeline
Year 2025 Timeline:
AAC will begin work on or before April 15, 2025.
AAC shall complete the commercial revaluation by September 15, 2025 with the
exception of the Open Book and Board of Review.
AAC shall comply with dates and milestones as defined and set forth in the 2025
Assessor Calendar of Events.
Exhibit C – City Responsibilities
I. The City shall retain control over the administration of the overall
assessment process and be responsible for employment-related issues for
city employees.
II. Information from City Records. The City shall furnish, at AAC’s request
and without cost, such information as is needed by AAC to aid in the
progress of the project, providing it is reasonably obtainable from City
records including, but not limited to, previous assessment rolls, utility
layouts, building permits, tax records, building plans, records of special
assessments, plats, zoning and any other maps. AAC may reasonably rely
upon the accuracy, timeliness, and completeness of the information
provided by City.
Hardware/Software Requirements. The City shall provide, maintain, and
assure that AAC shall have reasonable access to the data processing
facilities, including multiple remote computer access points, on which AAC
will encode the data for annual maintenance assessment years. The City
shall provide, at no cost to AAC, suitable office space and all necessary
accoutrements to allow AAC to perform the functions of commercial
property valuation, including but not limited to desks, chairs, and a shared
copier/ printer.
The City will provide AAC staff with training of City’s software of choice
as is deemed necessary by the City at City’s cost.
III. Review and Authorization. To prevent any unreasonable delay in AAC’s
work, the City will examine all reports and other documents and will make
any authorizations necessary to proceed with work within a reasonable
time period.
IV. Printing and Distribution of Forms and Notices. The City shall be
responsible for the printing and distribution of statutorily required forms
and notices pertaining to assessments.
V. The City shall aid AAC in a responsible promotion of public information
concerning the work under this Agreement.
VI. Misc. Provisions.
a. The City shall provide administrative support and assistance as may be
reasonably necessary to accomplish assessment related activities.
b. The City shall respond to normal and customary internal and external
requests for information and correspondence.
c. The City shall assist AAC with the defense of assessments.
Exhibit D – City of Oshkosh Insurance Requirements for Professional Services
WI Dept of Revenue | 1
2025 Assessor Calendar of Events
Date Event
February 1 Assessor certification review – Wisconsin Department of Revenue (DOR) initiates review if the Final
2024 Final Municipal Assessment Report (MAR) was not filed
February 7
• Deadline – to submit Provide Assessment Data (PAD) data for 2024 sales to be included on the Preliminary
Assessment to Sales Ratio Report
• Reminder – all assessment information must be submitted online through the Provide Assessment Data
system (PAD): ww2.revenue.wi.gov/RETRWebApp/application
February 15
2025 Manufacturing Notification rolls available on our website by February 15:
• revenue.wi.gov/Pages/Manufacturing/home.aspx
• Assessor notified of manufacturing property within the assessor's taxation district that will be assessed by DOR
during the current assessment year
February 17
DOR notifies assessors of Preliminary Assessment to Sales Ratio Reports:
• Assessor to review useable and rejected sales reports for changes, including incorrectly posted assessments,
and clerical errors
• Assessor to notify Equalization Bureau District Office of changes
March 1
Deadline:
• Manufacturers to submit annual manufacturing property returns to DOR or request filing extension to April 1
• Prospective manufacturers to contact DOR and request manufacturing classification
Note: DOR will notify assessors regarding any new manufacturing property added (or deleted) from the
Notification rolls (published online by February 15)
• Manufacturers to submit annual manufacturing property returns to DOR or request filing extension to April 1
• Prospective manufacturers to contact DOR and request manufacturing classification
Note: DOR will notify assessors regarding any new manufacturing property added (or deleted) from the
Notification rolls (published online by February 15)
• Property owners submit Exemption Requests (PR-230) to the local assessor
March 3
• Final deadline – to submit assessment information for 2024 sales in the PAD system to be included in or
excluded from the Final Assessment to Sales Ratio Report
• Final deadline – to contact Equalization Bureau District Office if there are changes to previously submitted
PAD assessment information
March 24 DOR notifies assessors of Final Assessment to Sales Ratio Reports
April 28
(4th Mon in Apr)
• DOR posts 2025 Assessor MAR form to our website revenue.wi.gov/Pages/OnlineServices/slfiling.aspx
• Starts the 45-day period when the Board of Review (BOR) holds an initial meeting
May 1
Stratified assessment data due to Equalization Bureau District Office (feedback on economic changes in district) –
links to stratification information are found on DOR's Assessor web page, in the Resources section:
revenue.wi.gov/Pages/Assessors/home.aspx
May 5 DOR distributes new 2023 WI Act 12 personal property aid in addition to 2017 machinery, tools, and patterns
personal property aid
June 9*
(2nd Monday in
June)
Deadline – to submit MAR information (used for the 2025 equalized values and TID values)
• August 1 preliminary equalized values and TID values
• August 15 certified equalized values and TID values
• Net new construction calculations
• Due by midnight, no extensions
• Note: If no report is filed, no change in TID increment is given except those due to manufacturing property
changes
WI Dept of Revenue | 2
2025 Assessor Calendar of Events
Date Event
June 9 (cont.)
(2nd Monday in
June)
DOR issues:
• 2024 Manufacturing Assessment Notices to manufacturing property owners
• 2024 Manufacturing Full Value Real Estate and Personal Property Assessment Rolls on our website:
revenue.wi.gov/Pages/Manufacturing/home.aspx
June 11 BOR – initial meeting must be held by this date
July 1 Clerk reports exempt personal property values as of January 1, 2023
July 31 Deadline – to provide DOR with changes to 2026 forms, publications and online applications
August 1*
DOR releases 2025 preliminary values:
• Equalized values
• Net new construction
• Tax incremental district
August 7* Deadline – Notify DOR of potential errors in the preliminary equalized value, TID value, or net construction value
August 15*
• DOR releases 2025 certified values:
o Equalized values
o Net new construction
o Tax incremental district
• DOR issues 2017 Machinery Tools and Patterns and 2023 WI Act 12 personal property aid payment estimates (use
for budgeting purposes)
October • DOR issues bill for manufacturing assessment services to municipalities with manufacturing property
• Payment due by March 31, 2025, or deduction is made to July 2025 shared revenue payment
October 6 Deadline – to file Final MAR to be used for 2025 Preliminary Major Class Compliance
October 7-9 Municipal Assessor’s Institute – Glacier Canyon Lodge Wilderness Resort, Wisconsin Dells
October 12-14 Wisconsin Towns Association Annual Meeting – Kalahari Resort and Convention Center, Wisconsin Dells
October -
December
DOR issues – revenue.wi.gov/Pages/Manufacturing/home.aspx
• 2025 Equated Manufacturing Real Estate and Personal Property Assessment Rolls
Note: A valid Statement of Assessment must be filed before Manufacturing Equated Rolls can be processed
• Correction of Errors by Assessors (sec. 70.43) Manufacturing Real Estate and Personal Property Assessment
Rolls correcting 2024 manufacturing assessments for palpable errors
• Omitted Manufacturing Real Estate and Personal Property Assessment Rolls for property
omitted from the manufacturing roll during the prior five years
November 1* • 2025 Preliminary Major Class Comparison Report – DOR posts to our website
• DOR sends non-compliance notices to municipalities
December 1 • DOR sends letter to municipal clerk if Final MAR was not filed
• If Initial MAR was estimated, final version must be submitted within 10 days of BOR completion
December 31 Deadline – to submit a final or amended 2025 MAR
* Statutory requirements
D A TE :D A T E :April 08, 2025
SUB JEC T:SUB JEC T :Organizational Meeting, April 15, 2025 at Noon
D A TE :D A T E :April 08, 2025
SUB JEC T:SUB JEC T :Closed Session, April 22, 2025 (collective bargaining update; time to be determined)
TO :T O :Honorable Mayor and Members of the Common Council
FRO M :FRO M :Jon Urben, General Services Manager
D A TE :D A T E :April 08, 2025
SUB JEC T:SUB JEC T :Cooperative purchase of Vehicle Lighting and Sirens from Emergency Lighting & Electronics
LLC for Police Department ($26,675.40)
B A C KGRO UN DBACKGROUND
Earlier this year, the Police Department ordered six new squad vehicles via state contract pricing. These
vehicles will require emergency lighting, sirens and other necessary items. A total of $62,887 was
allocated between the Police Department's 2025 operating budget ($42,000) and the 2025 CIP ($20,887)
for this equipment. The purpose of this memo is to report a cooperative contract purchase for the
emergency lighting and sirens for these vehicles.
A N A L Y SI SANALYSIS
Purchasing and Police Department staff determined that Emergency Lighting & Electronics LLC holds a
State of Wisconsin cooperative contract (#395002-M24-0510513-002-02) for emergency lighting and sirens
for law enforcement vehicles. Purchasing confirmed this contract qualifies as a cooperative purchasing
exception to our purchasing ordinance. By utilizing this contract, the city will save approximately 42% off
the list price.
FI SC A L I M P A CTFISCAL I M P A C T
A total of $62,887 was allocated between the Police Department's 2025 operating budget ($42,000), and
the 2025 CIP ($20,887), to upfit these vehicles with all the necessary equipment and items. The fiscal
impact of the emergency lighting and sirens for these vehicles is $26,675.40 and will be charged to A/N#:
1000211 7210 06755 (Motor Vehicles). The balance of funds allocated for this equipment will be used to
procure the remaining equipment/items to upfit these vehicles, including security barriers, consoles,
computers and printers. The quote for those items will be due in the near future.
REC O M M E N D A TI ONRECOMMENDATION
Section 12-15 of the Municipal Code provides that, subject to the approval of the City Manager,
cooperative purchases pursuant to a contract with any other local, state or federal governmental unit or
agency may be made without following a competitive bidding or quotation process. In accordance with
Section 12-15 of the Municipal Code, and because this cooperative purchase is in excess of $25,000, I am
hereby submitting a report of this purchase to the Common Council. If there are any questions about this
purchase, please contact me or Police Chief Dean Smith.
D A TE :D A T E :April 08, 2025
SUB JEC T:SUB JEC T :Drinking Water Update - Ozone System Equipment Replacement
D A TE :D A T E :April 08, 2025
SUB JEC T:SUB JEC T :New Public Meeting Calendar Available
B a c k gr oundBackground
The City of Oshkosh has launched a new "Public Meeting Calendar" on our website. This enhancement to
the website displays all public meetings on a single calendar, and is able to be viewed in a monthly or
weekly viewing format. The calendar is also formatted for viewing on mobile devices. The meetings that
will be listed in the calendar include a range of boards, committees and commissions, as well as
workshop meetings, bid openings and public information meetings.
Meeting minutes will be linked when published, and a Zoom link will be posted if virtual participation is
available. The calendar also offers an option to subscribe to public meeting notices, sent directly to a
subscriber's email inbox. View the calendar at the direct link, oshkoshwi.gov/PublicMeetingCalendar, or
find the calendar link at the top of the City's website.
D A TE :D A T E :April 08, 2025
SUB JEC T:SUB JEC T :Outstanding Issues
A t t a chment sAttachments
Outstanding Issues 04.08.25
City of Oshkosh
Status of Outstanding Issues
Date of Initial
Request
Affected
Department(s)
(if applicable)
Title of Issue Current Status Next Status
Report/Update Other Notes
1/10/2023 DPW/Legal Sanitary District Negotiations Mediation continues.4/30/2025
Mediator is working to updated his
recommended settlement to the parties,
which he reports is "very close" to being
completed.
4/16/2024 DPW & Community
Development Undergrounding Utilities Staff is working on putting a document
together to review with Council. 5/13/2025
11/12/2024 Public Works West 7th Avenue
Council approved contract for Stringham
Creek box culvert investigation on February
11th. Contractor has begun work and a final
report is expected from them in April.
4/22/2025
11/26/2024 Public Works /
Finance / Legal
A) Education on how special assessments
are developed for annexations.
B) Special Assessment Deferral Policy.
C) Special Assessment Code Updates.
Public Works provided background on
special assessments and their application to
annexations (A) via email on March 16th.
The code updates (C) appeared on the
March 25th agenda for a first reading, and
will be considered for approval at the April
8th meeting. Work continues on a deferral
policy.
4/8/2025
4/8/2025 Meeting