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HomeMy WebLinkAboutFull AgendaOSHKOSH COMMON COUNCIL AGENDA COUNCIL CHAMBERS, CITY HALL OSHKOSH, WISCONSIN JULY 13, 2011 (WEDNESDAY) O.fHKO.IH nN THE WATFR NOTE: The Common Council will be meeting from 4:45 p.m. — 5:45 p.m. for a Transit Development Plan Workshop in Room 404 CALL TO ORDER: (6:00 pm) Voting First: Council Member Cummings A. INTRODUCTION OF BETH MOORE, ASSISTANT FINANCE DIRECTOR B. ROLL CALL C. INVOCATION D. PLEDGE OF ALLEGIANCE E. CITIZEN STATEMENTS (Limited to five (5) minutes; 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, may only speak once during Citizen Statements, and must not include endorsements of any candidates or other electioneering) F. PUBLIC HEARINGS ( NOTE * There will be NO formal action taken on this item at this meeting) 1. Res 11 -294 Adopt 2011 Transit Development Plan * 2. Ord 11 -295 Approve Rezoning the Property at 1428 Algoma Boulevard from R -1 C Single Family Central to R -1 C Single Family Central with a Planned Development Overlay (Plan Commission Recommends Approval) 3. Res 11 -296 Approve Final Resolution for Special Assessments / Storm Sewer Laterals & Sidewalk Repair - Westhaven Circle & South Westhaven Drive 4. Res 11 -297 Approve Final Resolution for Special Assessments / Paving, Sidewalk, Driveway & Utilities - Westfield Street (Robin Avenue to North of Taft Avenue) 5. Res 11 -298 Approve Final Resolution for Special Assessments for Asphalt Paving, Curb - Gutter, Sidewalk, Driveway, & Utilities — High Avenue & Various Side Streets (Wisconsin Street to Congress Avenue) 6. Res 11 -299 Approve Final Resolution for Special Assessments / Sanitary Sewer Laterals- Merritt Avenue (Bowen Street to Hazel Street) & Grove Street (Nevada Avenue to Bent Avenue) NOTE: The Council has a five minute rule for all speakers addressing an item on the agenda. If you require more time please inform the Mayor at the beginning of your presentation. OSHKOSH COMMON COUNCIL — JULY 13, 2011 PUBLIC HEARINGS CONTINUED 7. Res 11 -300 Approve Final Resolution for Special Assessments/ Grade - Gravel, Asphalt Paving, Sidewalk, Driveway, & Utilities - Hazel Street (Melvin Avenue to New York Avenue) & Alley West of Main Street (14th Avenue to 15th Avenue) 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) 8. Approval of Bills presented by the Finance Director 9. Receipt & Filing of Common Council Minutes from June 28, 2011 10. Receipt of Claim filed with the City's Insurance Company / Scott Ney for alleged sewer damage to his basement 11. Res 11 -301 Approve Rescission of Property Taxes (Diamond Auto Repair) 12. Res 11 -302 Approve Conditional Use Permit for Continued Use of the Planned Development of a Limited Venue Festival Site at the Southwest Corner of Washburn Street & Ripple Avenue in the City of Oshkosh & Town of Nekimi (Plan Commission Recommends Approval 13. Res 11 -303 Approve Planned Development for Construction of a Multiple Family Dwelling Development on the West Side of North Main Street, between Murdock Avenue & Viola Avenue (Plan Commission Recommends Approval) 14. Res 11 -304 Approve Planned Development for Construction of a Stand Alone Restaurant, Stand Alone Commercial Building & Commercial Strip Center at 1200 South Koeller Street (Plan Commission Recommends Approval) 15. Res 11 -305 Approve Setting Public Hearing Date to Vacate Portion of Rath Lane Adjacent to 1424 Rath Lane, 1900 Omro Road & 1896 Omro Road (Plan Commission Recommends Approval) 16. Res 11 -306 Approve Acquisition of Property in the amount of $625,000.00 at 2449 State Road 44 for Expansion of the Universal Business Park 17. Res 11 -307 Approval of Change Order No. 1 for Public Works Contract No. 11 -09 with Donald Hietpas & Sons, Inc. for 9 Avenue Water Main Construction ($116,017.16) 18. Res 11 -308 Award Bid for Public Works Contract No. 11 -03 to Lowest Responsible Bidder As Recommended by Staff for the Westfield Street Bridge 19. Res 11 -309 Award Bid for Public Works Contract No. 11 -13 to Northeast Asphalt Inc. for Asphalt Paving & Utilities on High Avenue ($756,654.50) 20. Res 11 -310 Award Bid for Public Works Contract No. 11 -23 to Kruczek Construction Inc. for Sanitary Sewer Construction on Hazel Street & Alley West of South Main Street ($256,256.56) NOTE: The Council has a five minute rule for all speakers addressing an item on the agenda. If you require more time please inform the Mayor at the beginning of your presentation. OSHKOSH COMMON COUNCIL — JULY 13, 2011 CONSENT AGENDA ITEMS CONTINUED 21. Res 11 -311 Approve Agreement with Wisconsin Department of Transportation for Construction of Fernau Avenue from Jackson Street to Vinland Street ($957,410.00) 22. Res 11 -312 Authorize Police Department Grant /2011 Edward Byrne Justice Assistance Grant (JAG) through U.S. Department of Justice for Miscellaneous Police Equipment ($31,371.00) 23. Res 11 -313 Approve Council Support for an Oshkosh Transit System Application for Funding for New Buses through U. S. Department of Transportation's State of Good Repair (SGR) Program 24. Res 11 -314 Approval of Special Event — Bethel Worship Center's Block Party — 900 Block of E. Tennessee Avenue between Evans Street & Grove Street / July 16, 2011 25. Res 11 -315 Approval of Special Event —Wisconsin B.A.S.S. Federation Nation to utilize Menominee Park (Miller's Bay) for Wisconsin B.A.S.S. Federation Nation State Tournament / July 16 & 17, 2011 26. Res 11 -316 Approval of Special Event — Amvets Post 7 to utilize 1571 W. South Park Avenue for Fund Raiser Amvets EAA / July 23 through 30, 2011 27. Res 11 -317 Approval of Special Event — First Cast Tournament — to utilize Menominee Park for First Cast Tournament — Winnebago Event /July 23, 2011 28. Res 11 -318 Approve Special Class "B" Licenses, Operators Licenses, Taxi - Driver Licenses, Taxi -Cab Licenses & Junk Collector License H. ITEMS REMOVED FROM CONSENT AGENDA L PENDING ORDINANCES 29. Ord 11 -319 Approve Change of August 9, 2011 Council Meeting (due to August Recall Election) 30. Ord 11 -320 Approval of through Street Designation for Waukau Avenue, Parking Regulations on Division Street & Sherman Road & Designation of a Pedestrian Hybrid Beacon on High Avenue 31. Ord 11 -321 Approval of Parking Regulations for Carl Steiger Park Parking Lot J. NEW RESOLUTIONS 32. Res 11 -322 Establish a Fund Balance Policy K. COUNCIL DISCUSSION, DIRECTION TO CITY MANAGER & FUTURE AGENDA ITEMS 33. Future Agenda Items: A) Workshop on Bike Pedestrian Plan (August 23, 2011 at 5:00 p.m.) B) Workshop on Sustainability Plan & TIF Districts (August 30, 2011) 34. Progress Report on Outstanding Issues 35. Neighborhood Works Community Meeting in August (Cummings) NOTE: The Council has a five minute rule for all speakers addressing an item on the agenda. If you require more time please inform the Mayor at the beginning of your presentation. 36. Mayor's Breakfast Update (Tower) OSHKOSH COMMON COUNCIL — JULY 13, 2011 L. CITIZEN STATEMENTS (Limited to five (5) minutes; 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, may only speak once during Citizen Statements and must not include endorsements of any candidates or other electioneering) M. CITY MANAGER ANNOUNCEMENTS & STATEMENTS 37. Local Impact of State 2011/13 Biennial Budget 38. 2012 Budget Preparation Schedule 39. Amendment to Agreement for Engineering Services for the Design of the Westfield Street Bridge in the Sawyer Creek Watershed / Strand Associates 40. Agreement for Construction Related Engineering Services for the Westfield Street Bridge / Strand Associates 41. Agreement for Engineering Services for the Design of Sawyer Creek Bottom Profile Restoration / Strand Associates 42. Update on Health Department Consolidation Committee N. MOTION TO GO INTO CLOSED SESSION 43. (City Manager's Office, Room 101, City Hall) The Common Council may convene into Executive Session pursuant to Section 19.85(1)(g) of the Wisconsin State Statutes to confer with legal counsel concerning strategy to be adopted with respect to litigation in which the City may become involved in relation to a claim submitted by Janice and Sean Adams; and, to discuss negotiation strategies for acquisition of public property rights for riverwalk purposes for property owned by City Center Associates, LLC located along the Fox River east of Jackson Street pursuant to Section 19.85(1)(e) of the Wisconsin State Statutes where competitive and bargaining reasons require a closed session. O. ADJOURN NOTE: The Council has a five minute rule for all speakers addressing an item on the agenda. If you require more time please inform the Mayor at the beginning of your presentation. AS WE GATHER TONIGHT, WE ARE GRATEFUL FOR THE GOOD THINGS THAT HAVE COME TO THIS CITY. MAY OUR DECISIONS ALWAYS BE ONES THAT ARE FOR THE WELL -BEING OF ALL WHOM WE GOVERN. JULY 13, 2011 11 -294 RESOLUTION (CARRIED, PURPOSE INITIATED BY LOST LAID OVER WITHDRAWN ) ADOPT 2011 TRANSIT DEVELOPMENT PLAN TRANSPORTATION DEPARTMENT WHEREAS, the City of Oshkosh's Oshkosh Transit System receives some of its funding through the State of Wisconsin's Urban Mass Transit Operating Assistance Program (Section 85.20), and WHEREAS, the State requires, as a condition for maintaining eligibility for this funding, that the grantee complete a Transit Development Plan (TDP) on a regular basis, and the City's last plan was completed in July 2005, and WHEREAS the City of Oshkosh entered into an agreement with the East Central Wisconsin Regional Planning Commission (ECWRPC) in February 2010 to execute the technical work in completing a TDP that satisfies the State's requirements, and WHEREAS the ECWRPC worked with City staff to form a steering committee which guided the development of this plan over a 15 -month period, and the steering committee voted in support of adoption of this plan at its May 11, 2011 meeting, and WHEREAS plan recommendations were developed following extensive public input, including surveys of current passengers, interviews with community stakeholders, surveys to specific potential passenger populations (University, industrial parks, and seniors), and a Web -based survey, and WHEREAS the City of Oshkosh Transit Advisory Board voted in support of adoption of this plan at its June 15, 2011 meeting; NOW, THEREFORE, BE IT RESOLVED BY the Common Council of the City of Oshkosh that the 2011 Oshkosh Transit System Transit Development Plan is hereby adopted, and that the City Manager shall work to implement plan recommendations. J of Oshkosh - Transportation ( 0 OfHKOVH ON THE WATER 926 Dempsey Trail, Oshkosh, WI 54902 (920) 232 -5342 (920)232 -5343 fax MEMORANDUM TO: Mark A. Rohloff, City Manager FROM: Christopher Strong, P.E., Director of Transportation DATE: July 8, 2011 RE: ADOPTION OF TRANSIT DEVELOPMENT PLAN FOR OSHKOSH TRANSIT SYSTEM Background In early 2010, the City contracted with the State of Wisconsin and the East Central Wisconsin Regional Planning Commission to develop a new transit development plan for the Oshkosh Transit System. These plans, which are statutorily required of urban transit systems in Wisconsin, provide a framework to improve individual transit systems in the state. A steering committee was formed to guide the development of this plan. Formal input was sought through numerous channels, with over 1,500 pieces of formal input being received, through on -board surveys, mailback surveys, Internet surveys, in- person interviews, and outreach meetings. The Steering Committee voted to adopt the plan on May 11, 2011. The plan was subsequently adopted, with comment, by the Transit Advisory Board on June 15, 2011. Analysis When the planning process was initiated, it was the department's intent to take a "fresh look" at the transit system by trying to engage a wide range of stakeholders through the process. It is interesting that the observations on system strengths and weaknesses and recommendations for improvement showed marked similarity across these diverse stakeholder groups. This suggests that the plan presents a good framework for improving the system to better meet community needs. Comments on the draft TDP affirm that the plan's direction is good; however, there is not unanimous support on implementing all recommendations as presented. (Please see the separate attached memo for a summary of public input on the draft plan.) There appears to be general support for the plan, but implementation of specific recommendations will take additional effort in order to address the concerns that have been raised. City of Oshkosh — Department of Transportation Adoption of Transit Development Plan for Oshkosh Transit System / July 8, 2011 Fiscal ImRact The department's direction to the East Central Wisconsin Regional Planning Commission was to develop a flexible plan that could respond to different funding/resource scenarios that may occur. One of the overarching assumptions was that it was unlikely that additional resources would be available to support increases in service. In other words, service expansions /additions will likely need to be offset by service reductions /contractions. The plan's flexibility has become even more important with new constraints on the funding sources which support the bulk of the transit system's budget. One response to these constraints was to include a table showing service priorities (see Table 57), which shows the types of service priorities which would be emphasized in the event of reduced funding. Future implementation of many recommendations will have a fiscal impact; however, these fiscal impacts would be presented to the Council for their consideration in the future, most likely in the City's operating budget or capital improvement program. The cost of implementing some of these recommendations may be offset by future revenues. Examples of these fiscal impacts include the following: • Improving accessibility at bus stops • Adding shelters/benches to more bus stops • Enhancing marketing - related activities • Adoption of ITS technologies and /or improved fare collection However, adoption of the plan does not obligate the Council to enact any of its recommendations. Rather, adoption of the plan would give department staff direction on how to manage the system according to the resources that may be available. Recommendation The Transportation Department recommends adoption of the draft Transit Development Plan as presented. Upon a Common Council vote for adoption, the Transportation Department will work with the Transit Advisory Board and /or the Common Council to help prioritize and structure implementation of plan recommendations. City of Oshkosh — Department of Transportation of Oshkosh - Transportation Deoartment MEMORANDUM TO: Honorable Mayor and Members of the Common Council FROM: Christopher Strong, P.E., Director of Transportation ., DATE: July 8, 2011 RE: INPUT ON TRANSIT DEVELOPMENT PLAN ( 0 OfHKO1H ON THE WATER The City of Oshkosh released a draft of its Transit Development Plan for public review and comment on May 26, 2011. We publicized the release of the draft through several means: • Press release issued by the City, which was circulated separately among numerous social services agencies • Community newsroom story printed by The Oshkosh Northwestern • A legal notice in The Oshkosh Northwestern on May 29, 2011 and June 5, 2011 • Flyers on all OTS buses • Posting on Oshkosh Transit System's Facebook page • Radio interview on WOSH • Inclusion in the East Central Wisconsin Regional Planning Commission's (ECWRPC) electronic newsletter • Transit Advisory Board meetings on May 25, 2011 and June 15, 2011 • Two public information meetings on June 13, 2011: one at the Library and one at the Seniors Center • A noticed public hearing at the June 15, 2011 Transit Advisory Board meeting (no members of the public attended) The purpose of this memo is to summarize the feedback that has been received on TDP recommendations at the public information meetings and through the Transit Advisory Board. Public Information Meetings Two public information meetings were held on Monday, June 13th: • Oshkosh Public Library — 1 to 3 pm (21 attendees) • Oshkosh Seniors Center — 5:30 to 7:30 pm (1 attendee) At each meeting, staff from the department and from ECWRPC were available to answer Department of Transportation Page 1 Input on Transit Development Plan / July 8, 2011 questions from attendees. A formal presentation provided interested attendees with an overview of the plan. Attendees were also invited to provide written comment. The following written comments received included: • Either proposed route alternatives has benefits but I lean to alternative #2 (Staff note: please see Exhibits 94 and 95 in the draft TDP.) • 1 feel OTS and the City Department of Transportation has done a great job in working with new statistics to formulate a plan • Offer credit card fare payments • 1 don't believe formalization of bus stops is a priority at this time • As a university student, I can attest that the general consensus of the "image" of OTS and its passengers is one of gross unrealistic stereotypes that hinders more UW -O student riders. On campus public relations and media (posters) may move away from the negative image of riding the bus. Focus on riding the bus is not just for poor people. People who ride the bus are not "creepers ", cost benefit for students as opposed to paying for gas and a UW -O parking permit. • To help with OTS image and accessibility support GPS, Google Transit, phone updates, and card fare payment. • Upon improving the green advantage and clean image of OTS, the community may be more willing to support a small increase in City funding for later services, technology advances (Google Transit and phone updates) • Improve image and propose more City funding • Seems like a good plan • Need evening service Transit Advisory Board Meetings The Board was presented with two opportunities to consider the plan. At the May 25 meeting, ECWRPC staff provided the board with a presentation which gave an overview of the plan. At the June 15 meeting, which included a public hearing, staff were present to answer additional questions about the plan. The following is staff's summary of input received from the Transit Advisory Board at these meetings. The references are to the draft plan, which may be found at: ham: / /www.ei.oshkosh.wi.us /Transit /pdf /Oshkosh TDP Complete draft.pd£ A more comprehensive summary of board discussion may be found in these meetings' minutes. • How would proposed Route 2 (see Exhibit 97) access the Fair Acres shopping center? The bus currently goes through the parking lot to a heavily used shelter. There was concern over people potentially needing to cross Jackson Street to access the shopping center. • Proposed Route 4 (see Exhibit 99) goes by the St. Vincent de Paul /Community Pantry, but does not go into the parking lot as Route 4 currently does. There was concern that this is a reduction in service quality for a heavily used stop. Staff noted that the existing stop has accessibility challenges; however, if the stop is kept on Jackson Street (and not in the parking Department of Transportation Page 2 Input on Transit Development Plan / July 8, 2011 lot), accessibility improvements would also be necessary there as well. • There is some concern over the proposed changes to Route 10. The proposed alternatives for Route 10 (see Exhibits 106 and 107) would improve service frequency between Oshkosh and Neenah, but would not serve some intermediate stops currently served by Route 10. Some, but not all, of those stops would be served by other routes. • There was much discussion over formalization of bus stops (see p. 210 for a discussion). Currently, many of OTS' bus stops are indicated through signage, with some also having benches or shelters. However, our ridership materials have typically told prospective riders that they can board the bus at a corner by flagging down a passing bus, whether or not there is a sign there. Using formalized bus stops, and excluding the more informal "flagged" stops, could reduce travel time for buses, making it easier to cover routes reliably in a given amount of time. Formal stops also allow for improved stop design to improve accessibility and address snow removal challenges. While some board members expressed support for formal stops for these reasons and others, other board members were concerned that it would be a major inconvenience to riders, especially those with mobility limitations, and could result in reduced ridership. It was noted that the plan does not require formalization of bus stops, but rather to consider such a policy. It was suggested that if such a policy were implemented, an exception could be developed for those with mobility limitations. • There was discussion over the plan recommendation to try to get buses out of parking lots (p. 206). This recommendation was motivated by concern over the difficulty of safely and efficiently navigating buses through parking lots amidst other vehicular and pedestrian traffic. A couple of board members expressed concern with this recommendation, who thought it was better and safer for transit passengers to be closer to store fronts. • There was support in removing on- street parking at all bus stops, so buses are able to get next to the curb to board and alight passengers. • One board member said he supports about 90 percent of the plan, and commended the staff on how well the informational meetings were publicized. The Board passed a motion "to support the TDP's overall direction with Board comments and recommendations being forwarded by department staff to the Council for their consideration" with a 7 -0 vote. Department of Transportation Page 3 The complete Oshkosh Transit System 2011 Transit Development Plan is available in draft form at: http: / /www. ci. oshkosh.wi.us /Transit /pdf /Os hko sh_TDP_C omp l ete_ draft .pdf EXECUTIVE SUMMARY EXECUTIVE SUMMARY PLAN PURPOSE • dWeasing a • C ng elderly r • Dein ionalization i • Fixed r idership t • Expenses ue to • Increasing p W nsit PUBLIC INPUT servic tistics, mapping, paratransit an provements, and identifies li lation, land use, and social and uded in hibit 1. Key trends include: and industrial growth, and urban fringe population hopping habits ulations up and down since 2004 since 2004 Numerous efforts were made to receive public input throughout the planning process and the response was overwhelming. These public input opportunities included: an onboard survey, e- mailed comments, S.W.O.T. (strength, weakness, opportunity, and threat) exercises with the steering committee and OTS staff, stakeholder interviews, and surveys of industrial /business park employers, UW- Oshkosh students, faculty, and staff, and senior citizens. A Public Participation Plan (Appendix A), which identifies mechanisms to provide public input, was adopted and distributed by the Oshkosh Transit Development Plan (TDP) Steering Committee. East Central Wisconsin Regional Planning Commission Executive Summary Oshkosh Transit Development Plan May 2011 Onboard Survey (pages 43 -50) - A survey of Oshkosh Transit users was conducted on Tuesday, April 27th, 2010, during peak hours of service on all fixed routes, to collect trip characteristic information and opinions of the service. A total of 705 surveys were completed and returned. E- mailed Comments (pages 51— 52) - From February through July of 2010, questions were posted on Oshkosh Transit's website to draw input from interested participants. All responses were then e- mailed directly to Oshkosh Transit and East Central Wisconsin Regional Planning Commission staff for review and processing. In response to these questions, a total of 105 e- mails were received during the six month comment period. S.W.O.T. Exercises (pages 52 — 58) - Exe opportunities, and threats associated with the amongst the Oshkosh Transit TDP Steering Committ entify strengths, weaknesses, ransit System were conducted kshkosh Transit staff. Senior Citizen Sury 91 — 99) - Throughout the month of October 2010 surveys were distributed to all meal sites, the Oshkosh Senior Center, voluntary residential facilities, and at the Winnebago County Senior Expo to gauge attitudes and perceptions, and to analyze usage of the Oshkosh Transit System. A total of 150 surveys were returned. Key Findings of Public Input - A typical Oshkosh Transit user rides the system 5 or 6 times per week to get to school or work (which accounted for roughly 52 percent of trip purposes) because they have no other means of transportation. Overall, respondents noted that Oshkosh Transit is affordable, reliable, and clean, has good frequency and coverage, a helpful staff, and contributes to economic development as it provides access to things like jobs, healthcare, education, and shopping. However, many noted that there appears to be a public perception that Oshkosh Transit is a social service that is strictly for the elderly, disabled, and low income. East Central Wisconsin Regional Planning Commission Executive Summary Oshkosh Transit Development Plan May 2011 The vast majority of respondents noted that some improvements to the system that should be made include: extending evening service, service to 20 Avenue YMCA and outlet mall, efficiency of some routes /route timing, and more benches and shelters at bus stops. BUS STOP INVENTORY /SYSTEM ACCESSIBILITY (pages 103 —138) In July of 2010, all marked Oshkosh Transit fixed route bus stops, a total of 228, were plotted using GPS and examined for major deficiencies which impede safe and efficient access. Such deficiencies include: safe and efficient access especially ramp access for those with mobility devices, lack of curb cuts /sidewalks where appropriate, visual obstructions (i.e. caused by vegetation), on- street parking obstruction, surface impedim damage, damaged equipment (i.e. signage, benches, and shelters), and missing signs the 228 bus stops which were examined, 154 were found to have no major deficie outlined above. There were 93 occurrences of a major deficiency, in which nume ps had multiple deficiencies. Those stops which had a deficiency were also pho ed. NUMBER OF D X41111 Will In Oct o nd Novemb 201 oarding and alighting survey was conducted to gather informatio route riders tter uring this effort, surveyors counted and recorded the number of p Neve ettin and 7ba each bus stop on every route for an entire service day. The tof pas ers ad, whether the ADA accessible ramps on the buses were used, athe bi rac the fron t of the bus were used were also tallied for each stop to n entire service day. These figures depict an accurate representati and alighting patterns look li ke for OTS on a typical day of operation. Total Daily Boardings - Average daily boardings in the 2004 survey totaled 3,465. Counts for 2010 were down 7.2 percent system wide with 3,217 daily boardings. Seven of the nine routes experienced a decrease in average daily boardings, ranging from decreases from a little over 4 percent on Route 4 — North Main to nearly 24 percent on Route 11 — South Park. These decreases are believed to be the result of a substantial fare increase, in which the fare was raised from $0.50 to $1.00 in January of 2009 and a weakened economy over the last several yea rs. East Central Wisconsin Regional Planning Commission Executive Summary Oshkosh Transit Development Plan May 2011 iv AVERAGE DAILY BOARDINGS BY ROUTE, 2004 VS. 2010 1 - East Loop 418 345 -17.5% 2 - Bowen Street 401 415 3.5% 4 - North Main 425 407 -4.2% 5 - Algoma Park 370 310 -16.2% 6 - UWO /North Saw er 432 487 12.7% 7 - West High 379 347 -8.4% 9 - Ninth Avenue 593 5 -8.4% 10- Neenah 128 AIRM -7.0% 11 - South Park 319 NW4 -23.5% EVALUATION OF PERFORMANCE AND • 11 national Hanfol Pittsfield, M ru o se tts; iston, Pennsylvania; , Te ssee; , PARISON (paNJan 198) r Green , ille, La Cr osse, Iowa Iowa; Decatur and Springfield, Bay and Muskegon, Michigan; l , Idaho; Monroe, Louisiana; i Dakota; Altoona and Erie, view and Bellingham, Washington. 9 peer group average in the vast majority 4 th amongst Midwestern peers, and 3` East Central Wisconsin Regional Planning Commission Oshkosh Transit Development Plan Executive Summary May 2011 v PLAN RECOMMENDATIONS (pages 199 — 241) Plan recommendations were developed based on input from the public, the Steering Committee, and staff. Proposed route alternatives which were developed were also tested in a transit model to gauge what forecasted ridership /performance would be. Transit Model - In coordination between the Wisconsin Department of Transportation, HNTB Madison, ECWRPC, and other northeastern Wisconsin entities, the North East (NE) Regional Travel Demand Model was developed to forecast travel volumes and movements for autos, trucks, and transit. HNTB Madison provided assistance by utilizing the transit model component of the regional model to develop and evaluate rouAarthough nding ridership for various transit alternatives in the Oshkosh Transit servic the forecasted model boardings are within two percent of the actual dail results obtained from the model should still be tempered with any other a well as the judgment of professional staff. Proposed System A ative (Exhibit includes a fo . West % hich capabilitI woul epa expre Ice to of ah design ute 4 woul r the rity of a fixed route sys Iternatives are being Again, system route alternative t , and dis ons amongst the mittee. Pub mand for new dership, timi g, and route ute alternative design. Both a and resources and improve ) - Again, proposed system alternative #1 s 5, 7, and 10 would intersect for transfer of Oshkosh from this transfer point with pportunities with Valley Transit. A newly wte 10's local service. Proposed Route 1 - Proposed Route 1 would be a consolidation of existing routes 1 and 2 which have been underperforming for some time. Existing routes 1 and 2 combined ridership is 760 daily riders and a redesign /consolidation of the two routes into one is projected to draw 500 daily riders, with only one bus rather than two. The run time would continue to be 25 minutes with a headway of 30 minutes. East Central Wisconsin Regional Planning Commission Executive Summary Oshkosh Transit Development Plan May 2011 z-I ru o E N E T 7 41 7 U N X W . C O E E O U rn C C C � C � d C C O N E O C a) to > C O O p Mn 'S c N L vf V Y � s w O E o E c v 0) x w C O U) M E E O V m c c f c a ra @a C C O N a) E 0� O CL c a) c > O p u a� c c 47 0 V Y V) w 0 �C) E o E T 41 u U N X W c O .ul E E O U rn c c � c a � � a c = o � � a c . o � U � Mn L Ln c f0 (6 l. � r 41 U 0 O ru Y ru N WO ix Proposed Route 2 - Proposed Route 2 substitutes portions of existing routes 4 and 5, which in total generated 717 daily riders. Proposed Route 2 is projected to draw 569 riders with a run time of 25 minutes and a headway of 30 minutes. Proposed Route 3 - Proposed Route 3 would act as a downtown circulator route which would substitute for portions of existing routes 5 and 6, which currently generate a total daily ridership of 797 riders. Proposed Route 3 is projected to attract 377 daily riders with a run time of 25 minutes and a headway of 30 minutes. Proposed Route 4 - Proposed Route 4 substitutes portions of existing routes 1, 2, and 10 which currently generate a total of 1,120 daily riders. P ed Route 4 is anticipated to generate 144 daily riders with a run time of 25 minutes headway of 30 minutes. This route would also expand service to the North Industrial the City of Oshkosh. Proposed Route 5 - Proposed Route 5 su currently generates 487 daily rides. Proposed with a run time of 25 minutes and a headw service to UW- Oshkosh and also improve destinations like grocery/department stores (i.e. Proposed Route 6 - Proposed currently generate 890 daily rides. a run time of 25 minutes and a hei Proposed Route 7 draws 543 daily rid time of 25 minutes the frontage roads alo existing Route 6, which � er enate 363 daily rides will provide extensive to get to popular Sting Routes - 7 and 9 which to draw 508 daily riders with g Route 9 which currently tide 293 daily rides with a run focus of this route is to service ps portions of existing Route 11 which Route 8 is projected to attract 302 riders v of 30 minutes. This route would also Proposed Ro - A existing Route 9 c Alternative #1 is fo with a run time of 35 service to the Southwest e #1 - Proposed Route 9 - Alternative #1 covers portions of ovides 543 daily rides using two buses. Proposed Route 9 - w 137 daily riders with only using one bus to serve the route nd a headway of 40 minutes. This route would also expand al Park and Universal Business Park. Proposed Route 9 - Alternative #2 - Again, proposed Route 9 - Alternative #2 covers portions of existing Route 9 which currently provides 543 daily rides using two buses. Proposed Route 9 - Alternative #2 is on the same alignment as alternative #1; however it extends service to the 20 Avenue YMCA, which was a highly demanded destination in the public input process. Proposed Route 9 - Alternative #2 is forecasted to draw the exact same ridership as alternative #1 (137 daily riders) with only using one bus to serve the route with a run time of 35 minutes and a headway of 40 minutes. The ridership projection in the model remains constant for this alternative because the YMCA is not an explicit trip generator. However, based on overwhelming demand one would assume this facility would generate ridership if serviced. East Central Wisconsin Regional Planning Commission Executive Summary Oshkosh Transit Development Plan May 2011 x Implementation of this alternative is dependent on identifying a safe, efficient, and maneuverable entry and exiting plan at the 20 Avenue YMCA facility. This route would also expand service to the Southwest Industrial Park and Universal Business Park. Align of Route purpose, ther express destinations the way ridership is to nature Ali Nseto Rou 10 is dependent upon the route's desired e the City of Neenah or a local ridership carrier to City of Neenah. Again, half of existing Route 10's h mpedes timeliness of express service to the City of Neenah. m run e of 55 minutes and a headway time of 60 minutes and tim ith Valley Transit, more commuters may choose to use the urbanized areas. Again, proposed Route 4 would cover the g e 10's local ridership. Discussions should occur between the and Winnebago County to examine what Route 10's long term purpose Other System Recommendations - Through steering committee discussions, staff analysis, and public input, several other system recommendations have arisen throughout this planning process with the notion of improving the efficiency of the Oshkosh Transit System. HNTB Madison also contributed to the development of other system recommendations related to: fixed route service enhancements, passes and fares, planning and policy, equipment and facilities, information /image /marketing, technology, and funding. Recommendations in the plan by category are ranked by priority. A list of key overall recommendations were also identified East Central Wisconsin Regional Planning Commission Executive Summary Oshkosh Transit Development Plan May 2011 xi (listed below) but are not ranked, as all are considered to be major priorities throughout the life of this plan. Key overall recommendations include: Implement proposed route structure - Implementation of the proposed route structure will extend geographic coverage and improve timing and route interaction /transfer capabilities, all while using the same amount of existing resources. The transit model used to test the proposed route alternatives anticipates that ridership will remain comparable as it is today. However, factors like the recent spike in gas prices are not taken into account. Therefore, ridership levels are anticipated to be even higher than those outlined in the transit model performance analysis. Develop a uniform brand of all components & the r scheme, stops, rider's guides, maps, other printed materials, etc.) at consumers associate them OTS - Development of a current and unif e ll etter allow Oshkosh Transit to market itself to potential users of Oshkosh n e. OTS anl Dents, cdffmuters, e tc. OTS service f targeted groups (students, area Oroughout the community and determine Dtential usage of OTS in the future edia s e (6PM to 10PM) - Extending evening service was d throughout the public input process. The extension of e working some second shift jobs to get home from work. ividuals working service sector jobs to use transit, as these nge of scheduled hours /shifts. Extending evening service UW- Oshkosh students and K -12 students and their ability vities. New student fare structures /student ID /bus pass program with Oshkosh Public Schools - Not only will the extension of evening service improve transportation for K -12 students, but a financial partnership with the Oshkosh Public Schools to reduce the out of pocket cost for students should enhance usage. New student fare structures such as using one's student ID as a bus pass, as currently used by UW- Oshkosh students, should increase student use. East Central Wisconsin Regional Planning Commission Executive Summary Oshkosh Transit Development Plan May 2011 iii. Targe arketin mpa iv. Market . e an ique xii Incentive programs with local employers for employee usage of transit - As gas prices have once again exceeded $4.00 per gallon; transit should become more and more of an attractive alternative to the automobile. Yet, some individuals don't know what to do, how to use the system, or are unaware of the service. One opportunity to connect with potential consumers of Oshkosh Transit is to work with area employers and establish incentive programs for their employees to use the system, which will benefit the employee, the employer, and Oshkosh Transit. in the future - Oshkosh Transit most part a bus will pick you up P g counts which were taken as e have a high degree of 6Lt the day. Thus, the more often ete. Also factor in stopping s of routes throughout the nce and annoyance for which individuals can I by consolidating the consumers. Therefore by formalizing ps along the routl board, the amount of time to complete ute should be red number of access points. Exemptions fo ividu considered. Enhanced accessibility at b - Enhance c very costly; however there are se I s that of both existing and fu ure stops. a inc i. Maintain a service a con at acc path I c ii. Ensure t ;ibility for some stops can be taken to improve accessibility stop stops Expan of Intejitechgy ns tion Systems (ITS) such as: i. G osistems (GPS) on buses ii. Cell a with real -time updates (GPS is needed on the buses) iii. Wireless i uses Increased technology cannot only lead to more efficient operations for Oshkosh Transit but also attract new users to the service. The inclusion of global positioning systems (GPS) on buses will allow Oshkosh Transit to track vehicles and respond to consumer inquiries about locations of vehicles and to address complaints such as speeding, not stopping, timeliness, etc. Inclusion of GPS will allow Oshkosh Transit to pursue other technologies that should be attractive to consumers such as real -time updates on cell phones and the internet. Wireless internet on the buses should also be considered as an attractive technology especially for commuters and students. East Central Wisconsin Regional Planning Commission Executive Summary Oshkosh Transit Development Plan May 2011 xiii • Senior /disabled discounted punch pass - Currently Oshkosh Transit does offer senior /disabled discounts, however a discounted punch pass is not available at this time. Based on public input these punch passes are popular amongst the area schools for transporting students with disabilities to and from school and school related activities. • Improvement of fare collection - Technology is needed to improve fare collection to reduce fraudulent payments, eliminate the need for staff to count money, and accurately track finances in a timely and cost - effective fashion. • Joint promotions with retail commercial areas located along bus routes - It is a fact that transit contributes to economic developmen ther it be access to jobs or goods and services. Establishing joint promotions tionships with area businesses should be a win -win for both Oshkosh Transit and ting businesses. • More shelters/ benches at high traffwingly Altho Nconcion nd shelters cannot be placed at every stop, it is important traffic so include benches and shelters, especially where there is high of young, elderly, an d disabled populations. K e the stantia To begi e priorities. Additional analysis level AMWe known. High freqllhW service (1 our) wfW misses some destinations Evening se fter 6pma 2.73 3.00 1 2 Low fares 3.09 3 Earlier morning se re 6am) 5.00 4 Limited Saturday servi 5.55 5 All day Saturday service 5.64 6 Low frequency service (one hour) which covers more destinations 5.73 7 Above and beyond ADA paratransit services 6.73 8 Other: Economical way to transport anywhere in City of Oshkosh 8.36 9 Other: Access to Jobs program 8.45 10 Other: Better connectivity with Valley Transit 8.73 11 East Central Wisconsin Regional Planning Commission Oshkosh Transit Development Plan Executive Summary May 2011 JULY 13, 2011 11 -295 ORDINANCE FIRST READING (CARRIED LOST LAID OVER WITHDRAWN ) PURPOSE: APPROVE REZONING THE PROPERTY AT 1428 ALGOMA BOULEVARD FROM R -1 C SINGLE FAMILY CENTRAL TO R -1 C SINGLE FAMILY CENTRAL WITH PLANNED DEVELOPMENT OVERLAY INITIATED BY: PAINE ART CENTER, OWNER PLAN COMMISSION RECOMMENDATION: Approved A GENERAL ORDINANCE OF THE CITY OF OSHKOSH AMENDING SECTION 30 -16 (B) OF THE OSHKOSH MUNICIPAL CODE PERTAINING TO ZONING DISTRICTS The Common Council of the City of Oshkosh do ordain as follows: SECTION 1. That Section 30 -16(B) of the Oshkosh Municipal Code pertaining to Zoning Districts and the map therein described is hereby amended by changing the district character of the following described area from R -1 C Single Family Central to R- 1 C Single Family Central with a Planned Development Overlay. Lot 2, E.W. Paines Replat, 12th Ward, City of Oshkosh, Winnebago County, Wisconsin plus public right -of -way abutting said lot extending to the centerline of Algoma Boulevard 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 #11 -XXX APPROVE REZONING THE PROPERTY AT 1428 ALGOMA BOULEVARD FROM R -1 C SINGLE FAMILY CENTRAL TO R -1 C SINGLE FAMILY CENTRAL WITH A PLANNED DEVELOPMENT OVERLAY on July 26, 2011. 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.ci.oshkosh.wi.us Clerk's phone: (920) 236 -5011. � iN < ❑ � 0 n El Lu 2 1550 536 15 W.. BENT AVE. 1 `U ❑ 1517 1509 1501 07 � 1421 g "�S ��, !� I 1560 N V' o Q� O O "NQ iT P Rezone N° 0 From R- 1 C yV To R -1C with PD Overlay N !O oe � y9 a� m 1p CONGRESS AVE. 1613 ❑ 1 ; �ryP �� 3,5pp, w G � /J O ,tiaoP y DISCLAIMER 1428 Algoma Blvd This map is ----- - - - - -- legally neither a recorded map nor a survey and it is not in tende d to b used as one. Rezone JHK I H This drawing is a compilation of records, cords, data and information located in various city, county From R -1 C and stat off ON THE WATM the area s ow n and i t is to be us r e fer ence To RAC with Planned Devel Overlay s and i is o be usd for rference p Y City Of Oshkosh purposes only. The City of Oshkosh is not re- sponsible for any inaccuracies herein contained. Department Of If discrepencies are found, please contact the Community Development City of Oshkosh. Scale. 1" = 200 Created by - D 6116/11 A 0.IHKOlH ON THE WATER TO: Honorable Mayor and Members of the Common Council FROM: Darryn Buric Director of Plariffing Services DATE: July 7, 2011 RE: Approve Rezoning the Property at 1428 Algoma Blvd. from R -1C Single Family Central to R- 1C Single Family Central with a Planned Development Overlay (Plan Commission recommends approval) BACKGROUND The approximate 0.42 acre single family home site is located at 1428 Algoma Boulevard, north of and adjacent to the Paine Art Center & Gardens (1410 Algoma Boulevard). The home, which is known as the Louis and Floretta Schriber Home, located on the subject site is an immaculate example of Georgian Revival architectural style designed by William Waters, constructed in 1911 and listed on the National Register of Historic Places in 1994. The City's historic survey states it is in excellent condition, is considered a pivotal contributor to the Algoma Boulevard Historic District and is the only example of this type of architectural style left within the City of Oshkosh. The Paine Art Center & Gardens located to the south and east, has operated as a museum, art center and community center adjacent to this property for approximately 60 years. The subject property is situated among numerous other historic and cultural/institutional uses such as the Oshkosh Public Museum, Martin Luther Evangelical Church and Hikers Monument & Paine Conservancy. ANALYSIS The petitioner is requesting approval to rezone the subject property from R -1C to R -1C PD Single Family Central Residence District with a Planned Development Overlay to allow the property to be combined and incorporated into the existing Paine Art and Garden Center Planned Development. This action is primarily to permit the home to be moved to another location and open the way for the construction of a parking lot on the site. The Planned Development designation is beneficial to the Paine Art Center and Gardens as it provides a vehicle to allow for expansion on the site by allowing the lots to be combined and potentially utilizing base standard modifications. The designation also benefits the City as it provides the ability to address concerns with the redevelopment of the historic home and grants the City review and oversight of future development plans. FISCAL IWACT None anticipated other than the property will become tax exempt for property tax purposes. RECOMMENDATION The Plan Commission approved of this request at its June 21, 2011 meeting. Approved, oe City Manager ITEM: ZONE CHANGE FROM R -1C SINGLE FAMILY CENTRAL RESIDENCE DISTRICT TO R -1C PD SINGLE FAMILY CENTRAL RESIDENCE DISTRICT WITH A PLANNED DEVELOPMENT OVERLAY AT 1428 ALGOMA BOULEVARD Plan Commission meeting of June 21, 2011 GENERAL INFORMATION Applicant /Owner: Paine Art Center and Arboretum Action(s) Requested: Zone change from R -1C Single Family Central Residence District to R -1C PD Single Family Central Residence District with a Planned Development Overlay. The subject parcel, being zoned residential (R- 1 C), significantly restricts any major structural improvements or new construction on the property. The intent of the zone change is to bring the zoning into conformance with the development on the adjacent Paine Art and Gardens property to the south and east while the PD designation will be in place to ensure that any proposed changes to the use or layout of the property be reviewed under the public hearing process. Applicable Ordinance Provisions: The Zoning Ordinance does not establish criteria relative to appropriateness of changing zoning but relies on the Comprehensive Plan, redevelopment plans and good planning principles. Property Location and Background Information: The approximate 0.42 acre single family home site is located at 1428 Algoma Boulevard, north of and adjacent to the Paine Art Center & Gardens (1410 Algoma Boulevard). The home, which is known as the Louis and Floretta Schriber Home, located on the subject site is an immaculate example of Georgian Revival architectural style designed by William Waters, constructed in 1911 and listed on the National Register of Historic Places in 1994. The City's historic survey states it is in excellent condition, is considered a pivotal contributor to the Algoma Boulevard Historic District and is the only example of this type of architectural style left within the City of Oshkosh. The Paine Art Center & Gardens located to the south and east, has operated as a museum, art center and community center adjacent to this property for approximately 60 years. The subject property is situated among numerous other historic and cultural /institutional uses such as the Oshkosh Public Museum, Martin Luther Evangelical Church and Hikers Monument & Paine Conservancy. Subject Site Existing Land Use Zonin Single-Family Home R -1 C Adiacent Lana Use ana Gonin Existing Uses 10 Year Land Use Recommendation Zonin Nor . . _ ................._._........... South . _ .......... ....._._.._......................._.._._._..........._._....._..................................._...........__................_._._........_................._._.._..........._....._._....._.._._._......._................................._...._.._._................._. Paine Art and Garden Center R -1C PD ......_._........I............_ ....................._..............._............................................_........_................._....._._.._._._..........._._._.._..................................._..............................._............................._._.._.............._.._._....._....._._._._...._......._..............._.... Ea . ............ _ . _....._._....................._._...................................._ . _..........................._........_ . _.._.........._._.._............................_....._._._._.... _._.............._....._....... . . .._ . _ ...... ............. .._.. ..... Institutional —Green /Open Space & Single - Family R -1 C & R -2 West I Homes (across Comprehensive Plan Land Use Recommendation Land Use 10 Year Land Use Recommendation Public & Institutional 20 Year Land Use Recommendation Public & Institutional ANAL LASTS The petitioner is requesting approval to rezone the subject property's existing R -1C Single Family Central Residence District to R -1C PD Single Family Central Residence District with a Planned Development Overlay. The purpose of the rezoning request is to allow the property to be combined and incorporated into the existing Paine Art and Garden Center Planned Development primarily to permit the home to be moved to another location and open the way for the construction of a parking lot on the site. Planned Development designation is beneficial to the Paine Art Center & Gardens as it provides a vehicle to allow for expansion of the Art Center & Gardens by having the zoning match to allow lot combination and potentially utilizing base standard modifications that provides relief from existing conditions affecting the lot such as substandard setbacks. The Planned Development designation is beneficial to the City as it provides the ability to address any concerns that may arise with redevelopment of the historic home on the property and grants City review and oversight of future development plans to ensure compliance with the City's historic preservation, development and planning policies through the regulation of standards set forth in the Zoning Ordinance, Section 30 -33: Planned Development Overlay District. RECOMMENDATION Staff recommends approval of the zone change from R -1 C to R -1 C PD as requested. The Plan Commission approved of the zone change as requested. The following is the Plan Commission's discussion on this item. Mr. Buck presented the item and reviewed the site and surrounding area and discussed the rezoning request to incorporate the parcel at 1428 Algoma Boulevard into the planned development. He discussed the history of both properties on the site and stated that the Paine had purchased the property at 1428 Algoma Boulevard in April and reviewed a map of the historic districts in the city. He discussed the CUP/PD approval granted to the Paine Art Center last year and that the development plan amendment was for the expansion of the PD to include 1428 Algoma Boulevard, the construction of a new parking lot, removal of the designated drop -off area, and the addition of a new multi - purpose conservatory building attached to the existing carriage house. He also discussed the historic relevance of the existing home at 1428 Algoma Boulevard and the Paine's desire to relocate it. The request was presented to the Landmarks Commission who recommended approval of the request with conditions which were also reviewed. Mr. Item - Rezone 1428 a(goma Buck also discussed the effect on the historic district if the home was relocated as well as the parking needs for the Paine and he reviewed the conditions recommended for the planned development amendment. He reviewed the site plan for the parking lot and the traffic movements through said lot which would eliminate parking on the street in the area surrounding the Paine. He also discussed the base standard modifications for the additional driveway, the ingress /egress for the parking lot, and the addition of the conservatory building to replace the outdoor event area. He reviewed the elevations for the carriage house addition and discussed the architectural details of the structure. Mr. Nollenberger left the meeting at S: 00 pm. Mr. Borsuk stated that the home at 1428 Algoma Boulevard was listed on the National Register of Historic Places and questioned if the previous owner had registered it. Mr. Buck responded negatively. Mr. Cummings commented that it was a William Waters house. Mr. Hinz inquired if there were concerns with the ingress /egress of the driveway onto Algoma Boulevard, would the item have to come back to the Plan Commission to be reconsidered when the University moves forward with their reconstruction plans involving Algoma Boulevard. Mr. Buck replied that any adjustments to the driveway could be addressed through the administrative review process. Mr. Thorns questioned why the zoning classification was being changed to R -1 as he felt it should be changed to a proper designation since the Paine was not a residential use. Mr. Buck responded that other than the Paine and the Public Museum, the land use in the area was residential and to change the zoning designation to commercial or manufacturing would allow uses without the benefit of planned development or conditional use permit review and approval. Mr. Burich added that if the current use of the Paine site would cease to exist, any commercial use could occupy the site which may not be compatible with the residential neighborhood and the R -1 zoning classification allows for public or institutional uses. Aaron Sherer, Director of the Paine Art Center and Gardens, stated that he was present to answer any questions regarding the request. He stated that they received approval for their planned development last year and this proposal was for significant enhancements to the plan. Both parking and containing sound were issues at the last review and the proposed parking area on site would address the on- street parking and the proposed addition of the conservatory to the carriage house would contain sound for events held at the Paine. He said the expansion was a response to community demand and discussed some events held there for the public which would be better in an inside venue. He further stated that the expansion would ensure the long term sustainability of the Paine and noted that the conditions were agreeable. They were taking a positive approach to the issue and were willing to work with the City and the Landmarks Commission regarding the relocation of the existing historic home. Condition #2 gave them some concerns and there was no guarantee on the outcome but they were hoping to find a compatible location for the house. Item - Rezone 1428 algoma 3 Ms. Propp inquired if the Paine owned the property located on the corner of Congress Avenue and Algoma Boulevard. Mr. Sherer responded that they did and the relocation of the home to that site was an option although it may not be an ideal location for the home. Mr. Thorns commented that if they cannot tear down the home, would they have to come back for approval from the Plan Commission and Common Council if they were not able to move the home to another location. Mr. Buck replied that they would have to come back through the process if the Landmarks Commission, the Department of Community Development and the Paine could not agree on a relocation site for the existing home. Mr. Thorns questioned if the historical designation for the district could be revoked if the home was removed from the neighborhood. Mr. Buck responded that condition #2 addressed this issue and the loss of the historic designation in the district would affect tax credits available to property owners in the area for renovations. The City would work with the State and the Paine to reestablish the district if the current designation was lost. Mr. Hinz inquired if the home was moved to the adjacent site previously discussed, would it be used as part of the Paine. Ms. Sherer replied that from their past experience, it is too expensive to renovate a residential home for commercial use however it has not been ruled out yet. Mr. Borsuk commented that if the home was not on the historic register, it could be taken down without any approval and he felt the Commission needed to look at what is practical. He felt that condition #2 was difficult for the owner to address. Mr. Sherer stated that this condition was somewhat intimidating and provided a loss of flexibility for the Paine but they were willing to work with it. Steve Nimmer, President of Martin Luther Evangelical Church, 1526 Algoma Boulevard, stated that the church is adjacent to the proposed parking lot area and the plans show a fence around it. He commented that the two entities were sensitive to each other's schedules and he voiced his concerns with headlights from the parking lot shining in the church's windows during services. He indicated if the fence was solid, it would negate any concerns regarding the matter. Mr. Buck stated that he believed the fence was proposed to be constructed of wrought iron to match the existing fencing and the Commission may want to add a condition to require screening on the perimeter of the parking lot area. Mr. Sherer commented that there was no specific design for the fence but wrought iron was most likely as it would conform to the existing fencing. He further commented that dense landscape screening was planned for the parking lot area. Item - Rezone 1428 a(goma Mr. Buck added that five foot screening for parking lot perimeters was required for areas adjacent to residential uses however no screening is required for the adjacent church use. Mr. Vajgrt questioned how long the Paine is open in the evenings. Mr. Sherer responded that the hours vary but they are usually quiet by 10 pm when events are held there. Typically, closing hours at the Paine are at 4 pm. Mr. Borsuk stated that he would like to re -work condition #2 as he felt it unduly restricts the Paine from the use of their property. He suggested the condition be modified from the home being relocated to a compatible location as "approved" by the Department of Community Development to "in consultation with" the Department. Mr. Thorns disagreed and commented that he felt it was a unique structure and should not be torn down. Mr. Cummings agreed as the home was significant architecturally. Mr. Fojtik commented that he felt that Mr. Borsuk was intending the condition to be amended to working with the City on the decision and not the City making demands. Mr. Buck stated that condition #3 was relating to working with various entities in the decision and if condition #2 was determined to be too oppressive, the Paine could come back for approval to amend the recommended conditions. Ms. Propp commented that she felt the corner of Congress and Algoma was an obvious appropriate location for the home and always an option and that she was satisfied with the proposed conditions as presented. Mr. Borsuk stated that he was not suggesting that the Paine would tear down the home however he did not feel it was that significant and if it was not being presented as a package deal, the Paine could tear it down without approval. He felt more comfortable with the discretion of the Paine than with City staff. Mr. Burich commented that the expansion of the site to include off - street parking was the reason to acquire the property however the City is under no obligation to approve the removal of the historic home. Motion by Borsuk to amend condition #2 to read the Schriber House is relocated to a compatible location "working with" the Department of Community Development. The motion was not seconded. Motion by Thoms to approve a zone change from R -I C Single Family Central Residence District to R -I C PD Single Family Central Residence District with a Planned Development Overlay at 1428 Algoma Boulevard and to approve the development plan amendment for the use and development plan of the Paine Art Center and Gardens Museum, Art Center and Community Center at 1410 Algoma Boulevard and 1428 Algoma Boulevard as requested with the following conditions: Item -Re =one 1428 algoma 5- 1) Planned Development Overlay District is applied to 1428 Algoma Boulevard and the lots are combined. 2) Schriber House is relocated to a compatible location as approved by the Department of Community Development. 3) The petitioner work with the Oshkosh Landmarks Commission, State Historic Preservation Office and the National Park Service to mitigate negative impacts of the proposed development on the Algoma Boulevard Historic District. 4) Base standard modification to allow 4 drives to the property. S) Base standard modification to allow 4S feet lateral clearance on the new parking lot. 6) Require "right- in/right -out" and "watch for pedestrians " signage at the entrance of the new parking lot. 7) Any further expansions to the Paine Art Center and Gardens facilities be developed as an overall master /comprehensive plan. Seconded by Vajgrt. Motion carried 8 -0. Item -Re =one 1428 algoma 0 OfHKO H ON THE WATER APPLICANT INFORMATION City of Oshkosh Application Rezoning * *PLEASE TYPE OR PRINT USING BLACK INK ** SUBMIT TO: Dept. of Community Development 215 Church Ave., P.O. Box 1130 Oshkosh, Wisconsin 54903 -1130 PHONE: (920) 236 -5059 Petitioner: 2444 S �l ,�-,, &dtd 4 & Qitq�. Date: Petitioner's Address: IWO 46q,014 N City: ��(� State: zip: 5VIO / Telephone #: (y 2 S �/ _ Fax: 12p) 23S =630 3 Other Contact # or Email: (bIi en_ h4 I/i ,Q Status of Petitioner (Please Check): XOwner Petitioner's Signature (required): OWNER INFORMATION ❑ Tenant ❑ Prospective Buyer Date: Owner(s): fd►� �C (�9' Date: Owner(s) Address: LW,6 City: f State: zip: Telephone #: (llzb) Fax: (IYZ�j �" S — R :;03 Other Contact # or Email: Ownership Status (Please Check): ❑ Individual ❑ Trust ❑ Partnership Xorporation Property Owner Consent: (required) By signature hereon, I/We acknowledge that City officials and/or employees may, in the performance of their functions, enter upon the property to inspect or gather other information necessa to process this application. I also understand that all meeting dates are tentative and may be postponed by the Planning Servicesision for incomplete submissions or other administrative reasons. Property Owner's Signature: INFORNATION Address/Location of Rezoning Request: Date: S 7 Tax Parcel Number(s): /zoo o 1rn !? Q DD Q Rezone property from: �� to T � Purpose for Describe existing property development and land use: Describe proposed development and/or proposed land use: Proposed time schedule for development and/or use of the property: Staff b Date Rec �! 41" d � M Zoning Adjacent to the Site: North: South: East: West: SUBMITTAL REQUIREMENTS — Must accompany the application to be complete. Map of the immediate area showing property involved. Area to be rezoned must be outlined in color A site plan drawn to readable scale showing present status of property and proposed development �[ Street address, adjacent streets, intersections and any other information or landmarks to help identify the property ¢( Location of existing uses, structures, fences and signs and location of proposed uses, structures, fences and signs A narrative statement explaining the zone change and discussion of the project ➢ Application fees are due at time of submittal. Make check payable to City of Oshkosh. ➢ Please refer to the fee schedule for appropriate fee. FEE IS NON - REFUNDABLE SUMMARY OF PROCESS The City of Oshkosh Plan Commission and Common Council act on all zone changes. The petitioner or owner should be present at both the Plan Commission and Common Council meetings to discuss and answer questions regarding the request. Neighborhood opinion is an important factor in the decision - making process. For complex or controversial proposals, it is recommended that the petitioner conduct a neighborhood meeting to solicit public input prior to action by the Plan Commission and City Council. Planning Services staff is available to offer assistance in compiling a mailing list for the neighborhood meeting. Please note that a meeting notice will be mailed to all abutting property owners regarding your request. The application package is reviewed by Planning Services staff to determine conformance with adopted city plans, zoning requirements and development standards. A staff recommendation is prepared for consideration by the Plan Commission and Common Council. The petitioner will be provided with a copy of the staff report and meeting notice several days prior to the Plan Commission meeting. No notice is sent to the petitioner or owner regarding the Common Council's consideration of the request. Petitioners and owners are encouraged to contact Planning Services staff to find out when the request will be sent to the Common Council for review. The Plan Commission's decision is advisory only. The Common Council will make the final decision regarding all zone change requests. The Plan Commission may lay over requests to subsequent meetings if incomplete information is provided or additional questions or concerns are raised at the meeting. After the Plan Commission makes its recommendation, the request will be forwarded to the Common Council for consideration. This generally occurs three weeks after the Plan Commission meeting depending on the date the Council meeting is scheduled (the Council meets on the 2 °d and 4` Tuesday of every month) and on the availability of a legal description for the zone change. Wisconsin State Statutes require a zone change to be published as Class II notice in the local newspaper, the City takes care of this publication requirement prior to the Council meeting. If Council approves the rezoning, the Ordinance is published in the newspaper on the following Saturday and will be effective on Sunday. City administrative offices are notified of the effective date of the Ordinance and will make changes to the official zoning map accordingly. For more information please visit the City's website at www.ci.oshkosh.wi.us / Community _Development /Planning.htm 2 c�� NARRATIVE Planned Development Amendments Paine Art Center and Gardens 5/27/2011 The Paine Art Center and Gardens requests the following amendments to the institution's existing planned development: 1. Incorporate 1428 Algoma Blvd. parcel into the planned development area. 2. Replace the circular drop -off driveway design along Algoma Blvd. with a new parking lot on the 1428 Algoma Blvd. property. 3. Replace the designated 40x60 ft. tent area along Elmwood Ave. with a new 2,000 sq. ft. multi - purpose building ( "conservatory ") attached to the existing Carriage House. These amendments are significant enhancements to the Paine's planned development that resolve key issues and improve conditions in the use and access of the property. The new parking lot will accommodate much of the Paine's daily public parking needs and will provide convenient parking, including handicap accessible spaces, as near as possible to the Paine's main entrance. The lot will also have a safe drop -off area for individuals who need to be brought near the Paine's entrance, such as seniors and school groups. The lot will eliminate much of the daily parking along Congress Avenue and surrounding streets. The new multi - purpose building, designed in the style of a conservatory, will eliminate the need for the designated area for erecting temporary tents. The glass- roofed conservatory will be a fully enclosed, permanent building that, unlike a tent, will contain sound from events and be a safer and more visually pleasing structure. The conservatory will be used as a multi - purpose facility for public programs, like workshops and performances, as well as special events and floral displays. The Paine plans to complete the construction of the conservatory by the end of 2012. The Paine requests an extended timeline for the completion of the parking lot to allow ample time to relocate the existing historic house on the 1428 Algoma Blvd. property. The Paine intends to work with a developer to move the house and anticipates that the planning and execution of this may require as much as 2 to 3 years. The Paine plans to complete the parking lot no later than July of 2014 (3 years). Once the parking lot is completed, the existing driveway entrance on Algoma Blvd. will have very limited use as a service drive and fire lane. The existing driveway will be not be used by the public. The combined parcels will be 4.18 acres (182,022 sq. ft). Structures in the existing planned development total approximately 43,000 sq. ft. of floor area, and the new conservatory will add approximately 2,000 sq. ft. of floor area. The surface area of the new parking lot is approximately 12,000 sq. ft. The amendments to the planned development will create no adverse effects on adjoining properties. The uses of the amended areas are consistent with other uses in the surrounding area. The Paine property adjoins a church and school, and the Oshkosh Public Museum is across the street. Traffic generation will be unchanged by the amendments. Approximately 50,000 people visit the Paine property each year with an average of 100 people on weekdays and 250 people on weekend -days. The Paine property is listed on the National Register of Historic Places, and all changes and additions to the property will preserve and complement the historic character of the existing structures. The proposed amendments to the Paine's planned development will improve accessibility and safety, help to mitigate the Paine's impact on the neighbor, and enhance the historic property for the benefit of the community. & C- - CL W ul F- cn 0803109"WNODIV z I LU I <. zo \/ 0 a. uj z z ; MIR 3: Z w z tj CL W ul F- cn 0803109"WNODIV NISNOOSIM'A-iNrIOOOVV83r4r4lM'HSO�4HSO�O;UI3 BAA-S g Z.. W—H 2431N�30 IIJV 3NIVd - out GSG R uosua}jeVq NOIS30 iO'l DNIA JVd iS]MHJ �JON i5 z x 0 VI g!D . 0-11 A z -S?# �... � ,fit �„°i +�✓.,y. Mir CL � ti -4 k - P i Tk , k V x PD /REZONING -PAINE ART CTR PAINE ART CENTER GLOVER LOUIS E /PATRICIA 1410 & 1428 ALGOMA BLVD ATTN AARON SHERER 1430 ELMWOOD AVE PC: 06 -21 -11 1410 ALGOMA BLVD OSHKOSH WI 54901 OSHKOSH WI 54901 7708 MURPHY JR JOHN J 1422 ELMWOOD AVE OSHKOSH WI 54901 MANKINI PAUL G /ULRIKE H 1408 ELMWOOD AVE OSHKOSH WI 54901 2734 KAUFMAN KIRK J 1414 ELMWOOD AVE OSHKOSH WI 54901 2734 WELLS RICHARD H /CHRIST 1423 CONGRESS AVE OSHKOSH WI 54901 MARTIN LUTHER EVANG CHURCH 1526 ALGOMA BLVD OSHKOSH WI 54901 2721 GILLESPIE MR /MRS PETER J 1435 CONGRESS AVE OSHKOSH WI 54901 2751 POPOWSKI DIANE 1515 ALGOMA BLVD OSHKOSH WI 54901 2720 WINDLE JOHN L 1320 KENSINGTON AVE OSHKOSH WI 54902 6245 SMERLING ETAL JERRY 1402 ELMWOOD AVE OSHKOSH WI 54901 2734 CITY OF OSHKOSH PO BOX 1130 OSHKOSH WI 54903 1130 4, DISCLAIMER This map is neither a legally recorded map nor a survey and it is not intended to be used as one. This drawing is a compilation of records, data and information located in various city , county and state offices and other sources affecting the area shown and it is to be used for reference purposes only. The City of Oshkosh is not re- sponsible for any inaccuracies herein contained. If discrepencies are found, please contact the City of Oshkosh. Created by - dff REZONING PETITION R -1 C TO R -1 CPD .1428 ALGOMA BLVD Scale: 1" = 100' 0 N O.fHKOfH DN THE WATER City of Oshkosh Department of Community Development 06/08/11 ►.C�Ii1C� Inns n � � j �i■ m� _ ! !I If� i p L flow lin�l E umvw.i�� BE MIN ■ ■■ ■���.�� �� �� /1����lII��AIAw °.■ VA R-1 X6 - - ■.. -- - -. - -- - Sol �. �� ■��i F -11i � � WE 0! ,y��E � � a� n BE a - m `wig m DISCLAIMER This map is neither a legally recorded map nor a survey and it is not intended to be used as one. This drawing is a compilation of records, data and information located in various city, county and state offices and other sources affecting the area shown and it is to be used for reference purposes only. The City of Oshkosh is not re- sponsible for any inaccuracies herein contained. If discrepencies are found, please contact the City of Oshkosh. Created by - dff REZONING PETITION R -1 C TO R -1 CPD 1428 ALGOMA BLVD Scale: 1" = 100' N OfHKO.IH City of Oshkosh Department of Community Development 06!08/11 JULY 13, 2011 11 -296 RESOLUTION (CARRIED LOST LAID OVER WITHDRAWN ) PURPOSE: APPROVAL OF FINAL RESOLUTION FOR SPECIAL ASSESSMENTS OF STORM SEWER LATERALS AND SIDEWALK REPAIR — WESTHAVEN CIRCLE & SOUTH WESTHAVEN DRIVE INITIATED BY: DEPARTMENT OF PUBLIC WORKS WHEREAS, the Common Council of the City of Oshkosh held a public hearing on the 13th day of July, 2011, at 6:00 p.m. for the purpose of hearing all interested persons concerning the preliminary resolution and report of the City Manager (Board of Public Works) on the proposed improvements as listed below, pursuant to the initial resolution adopted June 14, 2011, by the Oshkosh Common Council of the following named streets: Storm Sewer Laterals and Sidewalk Repair WESTHAVEN CIRCLE — Maricopa Drive to South Westhaven Drive SOUTH WESTHAVEN DRIVE — Westhaven Circle to Arlington Drive MARICOPA DRIVE — 50 feet from the intersection with Westhaven Circle in either direction NEWPORT AVENUE — 50 feet from the intersection with Westhaven Circle in either direction NEWPORT COURT — 50 feet from the intersection with Westhaven Circle in either direction NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh as follows: 1. That the report of the City Manager, acting as the Board of Public Works, pertaining to the construction of the above described public improvements, including plans and specifications therefor, is hereby adopted and approved with the following modifications: a. b. C. JULY 13, 2011 11 -296 RESOLUTION CONT'D 2. That the action of the City Manager in advertising for bids and to carry out the work of such improvements in accordance with the reports of the City Manager and in accordance with the said resolution heretofore adopted, is hereby approved, ratified and confirmed. 3. That payment for said improvements be made by assessing the cost to the property benefited as indicated in said report, except as modified herein. 4. Assessments shown on the report represent an exercise of the police power and have been determined on a reasonable basis and are hereby confirmed. 5. That the assessments for all projects included in said report are hereby combined as a single assessment but any interested property owners shall be entitled to object to each assessment separately or all assessments jointly for any purpose or purposes. 6. That the assessments may be paid in cash, or in installments pursuant to Section 25 -83 thru 25 -89 of the Oshkosh Municipal Code, said deferred payments to bear interest at the rate of six percent (6 %) per annum on the unpaid balance. The City Clerk shall publish an installment assessment notice in accordance with Section 66.0715(3)(e) of the Wisconsin Statutes in the official newspaper of the City. 7. The City Clerk is directed to publish this resolution in the OSHKOSH DAILY NORTHWESTERN, the official newspaper of the City. 8. The City Clerk is further directed to mail a copy of this resolution to every property owner whose name appears on the assessment roll whose post office address is known or can with reasonable diligence be ascertained. PAMELA R. UBRIG City Clerk ANGELA J. JOECKEL Deputy City Clerk CITY HALL 215 Church Avenue O.fHR H P.O. Box 1130 Oshkosh, WI ON THE WATER 54902 -1130 July 1, 2011 Dear Property Owner.' Please find enclosed the following documents for your information and review: 1. A letter of explanation from Public Works Assistant Director Steven Gohde. 2. The Initial Resolution adopted by the Oshkosh Common Council, which began the process for the improvement(s) adjacent to your property. 3. Notice of Public Hearing to be held by the Oshkosh Common Council on July 13, 2011 (Wednesday) regarding assessments, which will be set with the adoption of the final resolution, also scheduled for adoption on July 13, 2011. 4. Payment plan for special assessments in the City of Oshkosh. (payment plan / sign -up sheet also enclosed and needs to be returned to City Clerk's Office by August 1, 2011) Per section 25 -85 (A) of the Oshkosh Municipal Code Book the property owner shall be deemed to accept the following if the payment plan sheet is not returned to the City Clerk's Office by the date deadline: ♦ IF THE ASSESSMENT IS UNDER $500.00 FULL AMOUNT WILL BE PLACED ON THE TAX BILL WITH NO INTEREST. 5. Assessment sheet indicating properties involved in the proposed project, the property footage, price per foot and total assessment to the property. If you wish to appear before the Council before the final resolution is adopted to proceed with the construction, please refer to the "Notice of Public Hearing" enclosed. If you have any questions regarding the above listed documents, please contact the Public Works Department (236 -5065) or the City Clerk (236- 5011), Monday through Friday, 8:00 a.m. until 4:30 p.m. Sincerely, OSHKOS PAMELA R. UBRIG CITY CLERK 0 CfHKQfH #1 ON THE WATER June 24, 2011 Subject: Assessments for Storm Sewer Laterals (New and Relay) and Sidewalk Repair Contract 11 -02 To Property Owners on: WESTHAVEN CIRCLE, Maricopa Drive to South Westhaven Drive ➢ SOUTH WESTHAVEN DRIVE, Westhaven Circle to Arlington Drive A public hearing is scheduled for Wednesday, July 13, 2011, at 6:00 p.m. in the Common Council Chamber of the Oshkosh City Hall to consider the following improvements to your street: utility laterals and sidewalk repair, and the levy of special assessments that partially cover the cost of the improvements. Assessments are not due until the project is completed and then can be paid by any one of the plans as outlined on the enclosed Payment Plan for Special Assessments. Based upon the City of Oshkosh assessment policy, the assessable portions of the project have been identified and are outlined on the attached assessment worksheet(s). The quantities and costs are estimates and will be adjusted to actual quantity installed and the unit costs will be adjusted according to the assessment policy based on bid prices. Additional sidewalk sections have been included in the enclosed estimates to allow for removal and replacement of the sidewalk over the storm sewer laterals, if needed. Only sections removed and replaced will be charged. Final costs will not increase above the estimates without a public hearing. Questions in regard to payment of Special Assessments can be answered by calling the City Clerk's office at (920)236 -5011. Questions in regard to the construction project in general can be answered by calling the Department of Public Works Engineering Division at (920)236 -5065. The sequence of construction has not yet been scheduled with a contractor. Residents will be notified approximately one week before construction will begin. All work within this contract is scheduled to be completed by the end of November 2011. The project construction will consist of the following elements: relay or installation of storm sewer and storm sewer laterals, as needed, along the project to accommodate the drainage needs for the street and the adjacent properties and the existing concrete sidewalk will be repaired as needed while any gaps in the sidewalk will be filled in. It is recommended that no salt or harsh chemicals be put on new sidewalk for one (1) year. If you know of any underground wires and/or piping, (examples: invisible electric fence, conduit for exterior lighting, sprinkler system, etc.) on your property near the sidewalk and driveway, please contact the City as soon as possible. Prior to the completion of the project, all disturbed areas will be topsoiled, seeded, and covered with erosion mat (the property owner is responsible to water the newly vegetated areas). The matting placed over the seed is biodegradable; Page l of 2 I: \Engineering \I 1 -02 Westhaven Clubhouse Area Detention Basin\Projecl _Information \Correspondence \Letters \I1 -02 Assessments Letter #1 6-24-1 I.doc please do not remove the mat once the seed has germinated. Please set your lawn mower to the highest setting when mowing the new grass areas for the first few mowings. During construction, there will be short periods of time when access to your property will be restricted. There will only be a few instances when this will occur, but to minimize the disruption and the inconvenience, the contractor will provide a one -week notice prior to the access being restricted. During construction, overnight parking restrictions will be relaxed on the adjacent streets to allow temporary parking. Provisions will be made with the Fire Department and Sanitation Division so fire protection and City garbage /recycling collection will continue at all times. Please ensure your garbage /recyclables are at the curbside by 7:00 a.m. on your regular collection day; crews will be collecting garbage / recyclables first in construction areas. If rural -type mailboxes exist on your street, the contractor will remove them during construction; this will make it necessary for you to pick up your mail at the Post Office. The contractor will be responsible so as not to damage the mailboxes. Upon completion of the paving work, the contractor will reset the mailboxes. Although terrace trees may need to be removed at specific locations, they will be preserved as much as possible. Property owners at locations where a tree needs to be removed will receive advance notice of the removal and replacement options. Roots and branches may be cut to allow for paving operations. Cutting and pruning will either be done by, or under the direction of, the City Forester. If you have any questions on the proposed assessments or the project construction you can contact the Public Works Engineering Division at (920 )236 -5065. Sincerely, A M'46— Steven M. Gohde, P.E. Assistant Director of Public Works SMG /tlt Enclosures Page 2 of 2 C \Engineering \I 1 -02 Westhaven Clubhouse Area Detention BasinTroject_Infomiation \Correspondence \Letters\I 1 -02 Assessments Letter #1_6-24 -t Ldoc R ICO JUNE 14, 2011 11 -249 RESOLUTION (CARRIED 7 -0 LOST LAID OVER WITHDRAWN PURPOSE: APPROVAL OF INITIAL RESOLUTION FOR SPECIAL ASSESSMENTS /STORM SEWER LATERALS AND SIDEWALK REPAIR - WESTHAVEN CIRCLE & SOUTH WESTHAVEN DRIVE INITIATED BY: DEPARTMENT OF PUBLIC WORKS BE IT RESOLVED BY the Common Council of the City of Oshkosh as follows: 1. The Common Council hereby declares its intention to exercise its police power under Section 66.0703 and 66.0705 of the Wisconsin Statutes to levy special assessments upon property within the following described areas for benefits conferred upon such property by improving the following: Storm Sewer Laterals and Sidewalk Repair Westhaven Circle — Maricopa Drive to South Westhaven Drive South Westhaven Drive — Westhaven Circle to Arlington Drive Maricopa Drive -- 50 feet from the intersection with Westhaven Circle in either direction Newport Avenue - -50 feet from the intersection with Westhaven Circle in either direction Newport Court -- 50 feet from the intersection with Westhaven Circle in either direction 2. The total amount assessed against such district shall not exceed the total cost of the improvements and the amount assessed against any parcel shall not be greater than the benefits accrued thereto from said improvements. 3. The assessments against any parcel may be paid according to the provisions of Section 25 -83 through 25 -89 of the Oshkosh Municipal Code. 4. The governing body determines that the improvements constitute an exercise of the police power for the health, safety, and general welfare of the municipality and its inhabitants. JUNE 14, 2011 11 -249 RESOLUTION CONT'D 5. The Board of Public Works is directed to prepare a report consisting of: (a) Final plans and specifications for said improvements. (b) An estimate of the entire cost of the proposed work or improvements. (c) An estimate as to each parcel of property within the assessment district of: (1) The assessment of benefits to be levied for each improvement. (2) The damages to be awarded for property taken or damages by each improvement. (3) The net amount of benefits over damages or the net amount of damages over benefits for each improvement. (4) The total assessment against each parcel Upon completion of such report, the Board of Public Works is directed to file a copy thereof in the City Clerk's Office for public inspection. 6. Upon receiving the report of the Board of Public Works, the City Clerk is directed to give notice of a public hearing on such reports as specified in Section 66.0703(7)(a) of the Wisconsin Statutes. The hearing shall be held before the Common Council at the Council Chambers, Room 406 in the City Hall at a time set by the Clerk in accordance with the Wisconsin Statutes. The assessment against any parcel may be paid in cash, paid with the first property tax installment, or in ten (10) installments if the total amount of the assessment is greater than five hundred dollars ($500.00) or fifteen (15) installments if the total amount of the assessment is greater than one thousand dollars ($1000.00). 7. The installation of said street improvements shall be accomplished according to the provisions of Section 25 -3 through 25 -11 of the Oshkosh Municipal Code. Gi N, NOTICE OF PUBLIC HEARING Office of the City Clerk, City of Oshkosh, Winnebago County, Wisconsin: Please take notice that the City Council of the City of Oshkosh has declared its intention to exercise its power under Section 66.60 of the Wisconsin Statutes, to levy assessments upon property for benefits conferred upon such property by providing the following improvements fronting upon the following described streets: STORM SEWER LATERALS AND SIDEWALK REPAIR Westhaven Circle — Maricopa Drive to South Westhaven Drive South Westhaven Drive — Westhaven Circle to Arlington Drive Maricopa Drive — 50 feet from the intersection with Westhaven Circle in either direction Newport Avenue — 50 feet from the intersection with Westhaven Circle in either direction Newport Court — 50 feet from the intersection with Westhaven Circle in either direction The report of the Public Works Director and City Manager showing proposed plans and specifications, estimated costs of improvements, proposed assessments and awards of damages is on file in the Office of the City Clerk and can be inspected there on any business day between the hours of 8:00 a.m. and 4:30 p.m. Notification that the City Manager (Board of Public Works) and City Council will hear all persons interested or their agents or attorneys concerning the matters in the preliminary resolutions authorizing awards of damages at 6:00 p.m. in the Council Chambers in the City Hall, Oshkosh, Wisconsin on JULY 13, 2011 (Wednesday). All objections will be considered at said hearing and thereafter the amount of assessment will be finally determined. CITY OF OSHKOSH PAMELA R. UBRIG PUBLISH: 7/2/2011 CITY CLERK CITY OF OSHKOSH PA YMENT PLAN NOTICE IS HEREBY GIVEN that the contract mentioned below is certified by the City of Oshkosh for the following improvements: STORM SEWER LATERALS AND SIDEWALK REPAIR Westhaven Circle — Maricopa Drive to South Westhaven Drive South Westhaven Drive — Westhaven Circle to Arlington Drive Maricopa Drive — 50 feet from the intersection with Westhaven Circle in either direction Newport Avenue — 50 feet from the intersection with Westhaven Circle in either direction Newport Court — 50 feet from the intersection with Westhaven Circle in either direction Included with this notice, is the amount of the Special Assessment against your property or properties. A statement of the same is on file in the office of the City Clerk. At this time the City needs to know the payment choice for your assessment, PAYMENT CANNOT BE ACCEPTED AT THIS TIME. NOTE. THE PROPERTY OWNER MUST MAKE PAYMENT CHOICE TO THE CITY CLERK BY AUGUST 1, 2011. Per section 25 -85 (A) of the Oshkosh Municipal Code Book the property owner shall be deemed to accept the following if the payment plan sheet is not returned to the City Clerk's Office by the date deadline. ♦ IF THE ASSESSMENT IS UNDER $500.00 FULL AMOUNT WILL BE PLACED ON THE TAX BILL WITH NO INTEREST. Payment choice of the assessment may be made in one of the following manners: 1. CASH PAYMENT PLAN The enclosed payment choice form must be signed by the property owner and returned to the City Clerk by AUGUST 1, 2011. The City of Oshkosh will then send the property owner a city certificate (bill /invoice), and payment must be made within thirty days of that notice. If the payment is not made within thirty days after receiving the certificate (bill /invoice), 6% interest accrues from the date of notification. If after making this selection, the property owner fails to make payment to the City Treasurer, the entire amount will be placed on the next property tax bill, plus interest. 2. TOTAL ASSESSMENT ON NEXT TAX BILL IN FULL Selection of this plan must be made by signing the enclosed payment choice form and returning it to the City Clerk's Office by AUGUST 1, 2011. Property owners may elect to pay 100% of the assessment on the next designated real estate property tax bill, without interest. The total amount of the assessment will be included on and payable in conjunction with the next designated property tax bill. PUBLISHED: 7/2/2011 CITY OF OSHKOSH PAMELA R. UBRIG CITY CLERK Z rn 0 A A L? O&,4 < .;o. --* z I 1 LA 0 0 ;o > > F, 0 z 4 c .) - 1 20 m rn z Z. rn 0 4 z 2 m r' r, 0 p T - n z n 0 r, C) 0 U) 0 M E5 Z o c. CA El > 52 o -n L4 L? O&,4 < .;o. --* z I U) z E5 M M CO) m 0 CO) m CA) ! Cy ; : a CO) cn i : :0 0 � Cl) O m cn m co \G�� :� v . : : : i cn m \ CO) : \ ;m w m z m CO z x U) w Cf) 0 t : :m 0 X :z �z :m z ;z - a U) m c :70 :70 :x ; 70 C/) 70 :N Cf) m m > 0 m c m m z �G) --j -n 0 m Z : m m z m 00 CO 1 — m C- : 0 m rn m Cf) M > .0 0 2: > m 0 : z 0 z 0 z G) :z ZE p m m 0 20 O <§ CA z m 0 ;a < F m 0 z 0 ic ■ f ;, l m 0 (no f \ p p m X Si m K CD C:) >Mx (n *M z > > m m m CA \ \x cm > Oz> M Z C - ) CO 90 M ca 55 Z m --10 Z M (n m Cl) 0 X - Z (A m m IQ m m m C) N) m 0 0 : 0 i '0 0 '0 cn z M CD m U) > cn C) m 0 CA M 16 16 ; : : m co k > M -4 iLn i C." !a) CD M m m m ; ;o i m i(n m C/) 1i cn z I icn m o :0 : : : : C-) : -0 cn m c }r / \ :� :� ic :a iz N -n i > i c 0 M i 1 i m z m 0 C) p -n ix 12 Lm C) ; :-n ;o im :G) l N 0 cn M > ; : > m --I ;o a m m z 0 0 p m : m 0 20 G) Cl) U) CO) cn m cn m Cl) 0 :m m X m : : C) ; m u l M — m cn 0 m > M -- 0 < > CO) M <> > Cl) M M O O CO) 90 z Cl U) ic — 0 M 0 ;u 0 r Z M U) Cl) m (n m m 0) A : m 0 CD C�l � :CD JULY 13, 2011 11 -297 RESOLUTION (CARRIED LOST LAID OVER WITHDRAWN ) PURPOSE: APPROVAL OF FINAL RESOLUTION FOR SPECIAL ASSESSMENTS OF PAVING, SIDEWALK, DRIVEWAY, AND UTILITIES — WESTFIELD STREET (ROBIN AVENUE TO NORTH OF TAFT AVENUE) INITIATED BY: DEPARTMENT OF PUBLIC WORKS WHEREAS, the Common Council of the City of Oshkosh held a public hearing on the 13th day of July, 2011, at 6:00 p.m. for the purpose of hearing all interested persons concerning the preliminary resolution and report of the City Manager (Board of Public Works) on the proposed improvements as listed below, pursuant to the initial resolution adopted June 14, 2011, by the Oshkosh Common Council of the following named streets: Paving, Sidewalk, Driveway, & Utilities NORTH WESTFIELD STREET — from Taft Avenue to Robin Avenue NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh as follows: 1. That the report of the City Manager, acting as the Board of Public Works, pertaining to the construction of the above described public improvements, including plans and specifications therefor, is hereby adopted and approved with the following modifications: a. b. C. 2. That the action of the City Manager in advertising for bids and to carry out the work of such improvements in accordance with the reports of the City Manager and in accordance with the said resolution heretofore adopted, is hereby approved, ratified and confirmed. 3. That payment for said improvements be made by assessing the cost to the property benefited as indicated in said report, except as modified herein. JULY 13, 2011 11 -297 RESOLUTION CONT'D 4. Assessments shown on the report represent an exercise of the police power and have been determined on a reasonable basis and are hereby confirmed. 5. That the assessments for all projects included in said report are hereby combined as a single assessment but any interested property owners shall be entitled to object to each assessment separately or all assessments jointly for any purpose or purposes. 6. That the assessments may be paid in cash, or in installments pursuant to Section 25 -83 thru 25 -89 of the Oshkosh Municipal Code, said deferred payments to bear interest at the rate of six percent (6 %) per annum on the unpaid balance. The City Clerk shall publish an installment assessment notice in accordance with Section 66.0715(3)(e) of the Wisconsin Statutes in the official newspaper of the City. 7. The City Clerk is directed to publish this resolution in the OSHKOSH DAILY NORTHWESTERN, the official newspaper of the City. 8. The City Clerk is further directed to mail a copy of this resolution to every property owner whose name appears on the assessment roll whose post office address is known or can with reasonable diligence be ascertained. July 1, 2011 Dear Property'Owner. Please find enclosed the following documents for your information and review. 1. A letter of explanation from Public Works Assistant Director Steven Gohde. 2. The Initial Resolution adopted by the Oshkosh Common Council, which began the process for the improvement(s) adjacent to your property. 3. Notice of Public Hearing to be held by the Oshkosh Common Council on July 13, 2011 (Wednesday) regarding assessments, which will be set with the adoption of the final resolution, also scheduled for adoption on July 13, 2011. 4. Payment plan for special assessments in the City of Oshkosh. (payment plan /sign-up sheet also enclosed and needs to be returned to City Clerk's Office by August 1, 2011) Per section 25 -85 (A) of the Oshkosh Municipal Code Book the property owner shall be deemed to accept the following if the payment plan sheet is not returned to the City Clerk's Office by the date deadline: ♦ IF THE ASSESSMENT 1S UNDER $500.00 FULL AMOUNT WILL BE PLACED ON THE TAX BILL WITH NO INTEREST. ♦ IF THE ASSESSMENT IS OVER $500.00 THE ASSESSMENT WILL BE PLACED ON THE TAX BILL FOR 10 YEARS AT 6% INTEREST 5. Assessment sheet indicating properties involved in the proposed project, the property footage, price per foot and total assessment to the property. If you wish to appear before the Council before the final resolution is adopted to proceed with the construction, please refer to the "Notice of Public Hearing" enclosed. If you have any questions regarding the above listed documents, please contact the Public Works Department (236 -5065) or the City Clerk (236- 5011), Monday through Friday, 8:00 a.m. until 4:30 p.m. Sincerely, OF OSHKOSH PAMELA R. UBRIG CITY CLERK PAMELA R. UBRIG City Clerk ANGELA J. JOECKEL Deputy City Clerk CITY HALL OfHKQfH 215 Church Avenue P.O. Box 1130 ON THE WATER Oshkosh, WI 54902 -1130 July 1, 2011 Dear Property'Owner. Please find enclosed the following documents for your information and review. 1. A letter of explanation from Public Works Assistant Director Steven Gohde. 2. The Initial Resolution adopted by the Oshkosh Common Council, which began the process for the improvement(s) adjacent to your property. 3. Notice of Public Hearing to be held by the Oshkosh Common Council on July 13, 2011 (Wednesday) regarding assessments, which will be set with the adoption of the final resolution, also scheduled for adoption on July 13, 2011. 4. Payment plan for special assessments in the City of Oshkosh. (payment plan /sign-up sheet also enclosed and needs to be returned to City Clerk's Office by August 1, 2011) Per section 25 -85 (A) of the Oshkosh Municipal Code Book the property owner shall be deemed to accept the following if the payment plan sheet is not returned to the City Clerk's Office by the date deadline: ♦ IF THE ASSESSMENT 1S UNDER $500.00 FULL AMOUNT WILL BE PLACED ON THE TAX BILL WITH NO INTEREST. ♦ IF THE ASSESSMENT IS OVER $500.00 THE ASSESSMENT WILL BE PLACED ON THE TAX BILL FOR 10 YEARS AT 6% INTEREST 5. Assessment sheet indicating properties involved in the proposed project, the property footage, price per foot and total assessment to the property. If you wish to appear before the Council before the final resolution is adopted to proceed with the construction, please refer to the "Notice of Public Hearing" enclosed. If you have any questions regarding the above listed documents, please contact the Public Works Department (236 -5065) or the City Clerk (236- 5011), Monday through Friday, 8:00 a.m. until 4:30 p.m. Sincerely, OF OSHKOSH PAMELA R. UBRIG CITY CLERK ( 0 O.fHKQIH ON THE WATER #1 June 21, 2011 Subject: Assessments for Concrete Paving, Sanitary Sewer Laterals (Relay), Water Laterals (Relay), Sidewalk Repair, and Concrete Drive Approach Contract 11 -03 To Property Owners on: ➢ NORTH WESTFIELD STREET, Taft Avenue to Robin Avenue A public hearing is scheduled for Wednesday, July 13, 2011, at 6:00 p.m. in the Common Council Chamber of the Oshkosh City Hall to consider the following improvements to your street: paving, utility, and sidewalk and/or driveway approach and the levy of special assessments that partially cover the cost of the improvements. Assessments are not due until the project is completed and then can be paid by any one of the plans as outlined on the enclosed Payment Plan for Special Assessments. Based upon the City of Oshkosh assessment policy, the assessable portions of the project have been identified and are outlined on the attached assessment worksheet(s). The estimated distance on side streets is estimated high to allow adequate area for the new streets to be transitioned to the old streets. The quantities and costs are estimates and will be adjusted to actual quantity installed and the unit costs will be adjusted according to the assessment policy based on bid prices. Additional sidewalk sections have been included in the enclosed estimates to allow for removal and replacement of the sidewalk over the sanitary and storm sewer laterals, if needed. Only sections removed and replaced will be charged. Final costs will not increase above the estimates without a public hearing. Questions in regard to payment of Special Assessments can be answered by calling the City Clerk's office at (920)236 -5011. Questions in regard to the construction project in general can be answered by calling the Department of Public Works Engineering Division at (920)236 -5065. The sequence of construction has not yet been scheduled with a contractor. Residents will be notified approximately one week before construction will begin. Work within this contract is anticipated to start approximately August 1 and be completed by the end of October 2011. The project construction will consist of the following elements: concrete paving; relay of specific segments of water and sanitary sewer mains and their associated laterals at various locations along the project; new concrete driveway aprons will be constructed; and the existing concrete sidewalk will be repaired as needed while any gaps in the sidewalk will be filled in. It is recommended that no salt or harsh chemicals be put on new sidewalk for one (1) year. If you know of any underground wires and/or piping, (examples: invisible electric fence, conduit for exterior lighting, sprinkler system, etc.) on your property near the sidewalk and driveway, please contact the City as soon as possible. Prior to the completion of the project, all disturbed areas will be topsoiled, seeded, and covered with erosion mat (the property owner is responsible for watering the newly vegetated areas). The matting Page 1 of 2 1AEngineering \I 1 -03 Westfield Street Bridget Project_ Infomation \Correspondence\LetterskI 1 -03 Assessments 416-21-1 I.doc A a � placed over the seed is biodegradable; please do not remove the mat once the seed has germinated. Please set your lawn mower to the highest setting when mowing the new grass areas for the first few mowings. During construction, there will be short periods of time when access to your property will be restricted. There will only be a few instances when this will occur, but to minimize the disruption and the inconvenience, the contractor will provide a one -week notice prior to the access being restricted. During construction, overnight parking restrictions will be relaxed on the adjacent streets to allow temporary parking. Per the Police Department, a Construction Parking Permit is not required if a street (any portion or entire roadway) or sidewalk is being repaired. All no parking areas and /or posted time zones must be obeyed. Vehicles parked overnight must be parked on the side of the street that corresponds to the current date. On odd dates, the vehicles should be parked on the odd side of the street. On even dates, vehicles should be parked on the even side of the street. Provisions will be made with the Fire Department so fire protection will continue at all times. If rural -type mailboxes exist on your street, the contractor will remove them during construction; this will make it necessary for you to pick up your mail at the Post Office. The contractor will be responsible so as not to damage the mailboxes. Upon completion of the paving work, the contractor will reset the mailboxes. Although terrace trees may need to be removed at specific locations, they will be preserved as much as possible. Property owners at locations where a tree needs to be removed will receive advance notice of the removal and replacement options. Roots and branches may be cut to allow for paving operations. Cutting and pruning will either be done by, or under the direction of the City Forester. If you have any questions on the proposed assessments or the project construction, you can contact the Public Works Engineering Division at (920)236 -5065. Sincerely,, James Rabe, P.E., CPESC Civil Engineer II JR/tlt Enclosures Page 2 of 2 1: \Engineering \I 1 -03 Westfield Streel Bridge \Project_ Information \Correspondence \Letters \I1 -03 Assessments #16-21-1 Ldoc Fi JUNE 14, 2011 11 -250 RESOLUTION (CARRIED 7 -0 LOST LAID OVER WITHDRAWN PURPOSE: APPROVAL OF INITIAL RESOLUTION FOR SPECIAL ASSESSMENTS /PAVING, SIDEWALK, DRIVEWAY & UTILITIES - WESTFIELD STREET (ROBIN AVENUE TO NORTH OF TAFT AVENUE) INITIATED BY: DEPARTMENT OF PUBLIC WORKS BE IT RESOLVED BY the Common Council of the City of Oshkosh as follows: 1. The Common Council hereby declares its intention to exercise its police power under Section 66.0703 and 66.0705 of the Wisconsin Statutes to levy special assessments upon property within the following described areas for benefits conferred upon such property by improving the following: Pavinq, Sidewalk, Driveway & Utilities North Westfield Street — from Taft Avenue to Robin Avenue 2. The total amount assessed against such district shall not exceed the total cost of the improvements and the amount assessed against any parcel shall not be greater than the benefits accrued thereto from said improvements. 3. The assessments against any parcel may be paid according to the provisions of Section 25 -83 through 25 -89 of the Oshkosh Municipal Code. 4. The governing body determines that the improvements constitute an exercise of the police power for the health, safety, and general welfare of the municipality and its inhabitants. 5. The Board of Public Works is directed to prepare a report consisting of: (a) Final plans and specifications for said improvements. (b) An estimate of the entire cost of the proposed work or improvements. (c) An estimate as to each parcel of property within the assessment district of: JUNE 14, 2011 11 -250 RESOLUTION CONT'D (1) The assessment of benefits to be levied for each improvement. (2) The damages to be awarded for property taken or damages by each improvement. (3) The net amount of benefits over damages or the net amount of damages over benefits for each improvement. (4) The total assessment against each parcel Upon completion of such report, the Board of Public Works is directed to file a copy thereof in the City Clerk's Office for public inspection. 6. Upon receiving the report of the Board of Public Works, the City Clerk is directed to give notice of a public hearing on such reports as specified in Section 66.0703(7)(a) of the Wisconsin Statutes. The hearing shall be held before the Common Council at the Council Chambers, Room 406 in the City Hall at a time set by the Clerk in accordance with the Wisconsin Statutes. The assessment against any parcel may be paid in cash, paid with the first property tax installment, or in ten (10) installments if the total amount of the assessment is greater than five hundred dollars ($500.00) or fifteen (15) installments if the total amount of the assessment is greater than one thousand dollars ($1000.00). 7. The installation of said street improvements shall be accomplished according to the provisions of Section 25 -3 through 25 -11 of the Oshkosh Municipal Code. #3 NOTICE OF PUBLIC HEARING Office of the City Clerk, City of Oshkosh, Winnebago County, Wisconsin: Please take notice that the City Council of the City of Oshkosh has declared its intention to exercise its power under Section 66.60 of the Wisconsin Statutes, to levy assessments upon property for benefits conferred upon such property by providing the following improvements fronting upon the following described streets: PAVING, SIDEWALK, DRIVEWAY & UTILITIES North Westfield Street — from Taft Avenue to Robin Avenue The report of the Public Works Director and City Manager showing proposed plans and specifications, estimated costs of improvements, proposed assessments and awards of damages is on file in the Office of the City Clerk and can be inspected there on any business day between the hours of 8:00 a.m. and 4:30 p.m. Notification that the City Manager (Board of Public Works) and City Council will hear all persons interested or their agents or attorneys concerning the matters in the preliminary resolutions authorizing awards of damages at 6:00 p.m. in the Council Chambers in the City Hall, Oshkosh, Wisconsin on JULY 13, 2011 (Wednesday). All objections will be considered at said hearing and thereafter the amount of assessment will be finally determined. CITY OF OSHKOSH PAMELA R. UBRIG PUBLISH: 7/2/2011 CITY CLERK CITY OF OSHKOSH PAYMENT PLAN NOTICE IS HEREBY GIVEN that the contract mentioned below is certified by the City of Oshkosh for the following improvements: PAVING, SIDEWALK, DRIVEWAY & UTILITIES North Westfield Street — from Taft Avenue to Robin Avenue Included with this notice, is the amount of the Special Assessment against your property or properties. A statement of the same is on file in the office of the City Clerk. At this time the City needs to know the payment choice for your assessment, PAYMENT CANNOT BE ACCEPTED AT THIS TIME. NOTE. THE PROPERTY OWNER MUST MAKE PAYMENT CHOICE TO THE CITY CLERK BY AUGUST 1, 2011. Per section 25 -85 (A) of the Oshkosh Municipal Code Book the property owner shall be deemed to accept the following if the payment plan sheet is not returned to the City Clerk's Office by the date deadline. ♦ IF THE ASSESSMENT IS UNDER $500.00 FULL AMOUNT WILL BE PLACED ON THE TAX BILL WITH NO INTEREST. ♦ IF THE ASSESSMENT IS OVER $500.00 THE ASSESSMENT WILL BE PLACED ON THE TAX BILL FOR 10 YEARS AT 6% INTEREST Payment choice of the assessment may be made in one of the following manners: 1. CASH PAYMENT PLAN The enclosed payment choice form must be signed by the property owner and returned to the City Clerk by AUGUST 1, 2011. The City of Oshkosh will then send the property owner a city certificate (bill /invoice), and payment must be made within thirty days of that notice. If the payment is not made within thirty days after receiving the certificate (bill /invoice), 6% interest accrues from the date of notification. If after making this selection, the property owner fails to make payment to the City Treasurer, the entire amount will be placed on the next property tax bill, plus interest. 2. TOTAL ASSESSMENT ON NEXT TAX BILL IN FULL Selection of this plan must be made by signing the enclosed payment choice form and returning it to the City Clerk's Office by AUGUST 1, 2011. Property owners may elect to pay 100% of the assessment on the next designated real estate property tax bill, without interest. The total amount of the assessment will be included on and payable in conjunction with the next designated property tax bill. 3. TEN ANNUAL INSTALLMENT PAYMENTS ON PROPERTY TAX BILL (ASSESSMENT MUST BE IN EXCESS OF $500.00) Selection of this plan must be made by signing the enclosed payment choice form and returning it to the City Clerk's Office by AUGUST 1, 2011. The amount of the assessment will be placed on the property tax bill with interest at 6% of the unpaid balance per year over the ten- (10) year period. The annual assessment payment and interest will be included in the total tax bill payment. The assessment balance may be paid in full at any time during the ten - year period, with interest pro -rated to the month of payment. Property owner shall be deemed to accept this plan unless he /she filed the payment plan with the City Clerk's Office. (Applies to assessments in excess of $500.00.) 4. FIFTEEN ANNUAL INSTALLMENT PAYMENTS ON PROPERTY TAX BILL (ASSESSMENT MUST BE IN EXCESS OF $1,000.00) Selection of this plan must be made by signing the enclosed payment choice form and returning it to the City Clerk's Office by AUGUST 1, 2011. The amount of the assessment will be placed on the property tax bill with interest at 6% of the unpaid balance per year over the fifteen- (15) year period. The annual assessment payment and interest will be included in the total tax bill payment. The assessment balance may be paid in full at any time during the fifteen -year period, with interest pro -rated to the month of payment. (Applies to assessments in excess of $1,000.00.) PUBLISHED: 7/2/2011 CITY OF OSHKOSH PAMELA R. UBRIG CITY CLERK JULY 13, 2011 11 -298 RESOLUTION (CARRIED LOST LAID OVER WITHDRAWN ) PURPOSE: APPROVAL OF FINAL RESOLUTION FOR SPECIAL ASSESSMENTS OF ASPHALT PAVING, CURB & GUTTER, SIDEWALK, & DRIVEWAY — HIGH AVENUE & VARIOUS SIDE STREETS (WISCONSIN STREET TO CONGRESS AVENUE) INITIATED BY: DEPARTMENT OF PUBLIC WORKS WHEREAS, the Common Council of the City of Oshkosh held a public hearing on the 13th day of July, 2011, at 6:00 p.m. for the purpose of hearing all interested persons concerning the preliminary resolution and report of the City Manager (Board of Public Works) on the proposed improvements as listed below, pursuant to the initial resolution adopted June 28, 2011, by the Oshkosh Common Council of the following named streets: Hotmix Asphalt Milling and Paving, Curb /Gutter Repair, Sidewalk Repair, & Concrete Driveway Approaches HIGH AVENUE — Wisconsin Street to Congress Avenue OSCEOLA STREET — 50 feet from the intersection with High Avenue in either direction ROCKWELL AVENUE — 50 feet from the intersection with High Avenue in either direction WOODLAND AVENUE — 50 feet from the intersection with High Avenue in either direction VINE AVENUE — 50 feet from the intersection with High Avenue in either direction NEW YORK AVENUE — 50 feet from the intersection with High Avenue in either direction NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh as follows: 1. That the report of the City Manager, acting as the Board of Public Works, pertaining to the construction of the above described public improvements, including plans and specifications therefor, is hereby adopted and approved with the following modifications: a. b. C. JULY 13, 2011 11 -298 RESOLUTION CONT'D 2. That the action of the City Manager in advertising for bids and to carry out the work of such improvements in accordance with the reports of the City Manager and in accordance with the said resolution heretofore adopted, is hereby approved, ratified and confirmed. 3. That payment for said improvements be made by assessing the cost to the property benefited as indicated in said report, except as modified herein. 4. Assessments shown on the report represent an exercise of the police power and have been determined on a reasonable basis and are hereby confirmed. 5. That the assessments for all projects included in said report are hereby combined as a single assessment but any interested property owners shall be entitled to object to each assessment separately or all assessments jointly for any purpose or purposes. 6. That the assessments may be paid in cash, or in installments pursuant to Section 25 -83 thru 25 -89 of the Oshkosh Municipal Code, said deferred payments to bear interest at the rate of six percent (6 %) per annum on the unpaid balance. The City Clerk shall publish an installment assessment notice in accordance with Section 66.0715(3)(e) of the Wisconsin Statutes in the official newspaper of the City. 7. The City Clerk is directed to publish this resolution in the OSHKOSH DAILY NORTHWESTERN, the official newspaper of the City. 8. The City Clerk is further directed to mail a copy of this resolution to every property owner whose name appears on the assessment roll whose post office address is known or can with reasonable diligence be ascertained. PAMELA R. UBRIG City Clerk ANGELA J. JOECKEL Deputy City Clerk CITY HALL 215 Church Avenue Of HKW H P.O. Box 1130 Oshkosh, WI ON THE WATER 54902 -1130 July 1, 2011 Dear Property Owner. Please find enclosed the following documents for your information and review: 1. A letter of explanation from Public Works Assistant Director Steven Gohde. 2. The Initial Resolution adopted by the Oshkosh Common Council, which began the process for the improvement(s) adjacent to your property. 3. Notice of Public Hearing to be held by the Oshkosh Common Council on July 13, 2011(Wednesday) regarding assessments, which will be set with the adoption of the final resolution, also scheduled for adoption on July 13, 2011. 4. Payment plan for special assessments in the City of Oshkosh. (payment plan / sign -up sheet also enclosed and needs to be returned to City Clerk's Office by August 1, 2011) Per section 25 -85 (A) of the Oshkosh Municipal Code Book the property owner shall be deemed to accept the following if the payment plan sheet is not returned to the City Clerk's Office by the date deadline: ♦ IF THE ASSESSMENT IS UNDER $500.00 FULL AMOUNT WILL BE PLACED ON THE TAX BILL WITH NO INTEREST. ♦ IF THE ASSESSMENT 1S OVER $500.00 THE ASSESSMENT WILL BE PLACED ON THE TAX BILL FOR 10 YEARS AT 6% INTEREST 5. Assessment sheet indicating properties involved in the proposed project, the property footage, price per foot and total assessment to the property. If you wish to appear before the Council before the final resolution is adopted to proceed with the construction, please refer to the "Notice of Public Hearing" enclosed. If you have any questions regarding the above listed documents, please contact the Public Works Department (236 -5065) or the City Clerk (236- 5011), Monday through Friday, 8:00 a.m. until 4:30 p.m. Sincerely, 7 C/F OSHK A R. UBRIG CITY CLERK 0 QIHKa7R ON THE WATER .� June 17, 2011 Subject: Assessments for Asphalt Paving, Curb and Gutter Repair, and Sidewalk Repair Contract 11 -13 To Property Owners on: ➢ HIGH AVENUE, Congress Avenue to Wisconsin Street A public hearing is scheduled for Wednesday, July 13, 2011, at 6:00 p.m. in the Common Council Chamber of the Oshkosh City Hall to consider the following improvements to your street: asphalt paving, utility, and sidewalk and the levy of special assessments that partially cover the cost of the improvements. Assessments are not due until the project is completed and then can be paid by any one of the plans as outlined on the enclosed Payment Plan for Special Assessments. Based upon the City of Oshkosh assessment policy, the assessable portions of the project have been identified and are outlined on the attached assessment worksheet(s). The estimated distance on side streets is estimated high to allow adequate area for the new streets to be transitioned to the old streets. The quantities and costs are estimates and will be adjusted to actual quantity installed and the unit costs will be adjusted according to the assessment policy based on bid prices. Final costs will not increase above the estimates without a public hearing. Questions in regard to payment of Special Assessments can be answered by calling the City Clerk's office at (920)236 -5011. Questions in regard to the construction project in general can be answered by calling the Department of Public Works Engineering Division at (920)236 -5065. The sequence of construction has not yet been scheduled with a contractor. Residents will be notified approximately one week before construction will begin on a particular street. Each street identified in this year's paving program has been designated a specific time frame in which the contractor will need to complete their work on that street. The construction time frames vary from 8 -16 weeks depending upon the amount of work and the complexity of the work associated with a specific street. All work within this contract is scheduled to be completed by the end of September 2011. The project construction will consist of the following elements: asphalt paving, repair of curb and gutter, and the existing concrete sidewalk will be repaired as needed while any gaps in the sidewalk will be filled in. It is recommended that no salt or harsh chemicals be put on new sidewalk for one (1) year. If you know of any underground wires and/or piping, (examples: invisible electric fence, conduit for exterior lighting, sprinkler system, etc.) on your property near the sidewalk and driveway, please contact the City as soon as possible. Prior to the completion of the project, all disturbed areas will be topsoiled, seeded, and mulched (the property owner is responsible to water the newly vegetated areas). The matting placed over the seed is biodegradable; please do not remove the mat Page 1 of 2 L\Engineering%t 1 -13 High Ave Asphalt Mill & Overlay\Project_ Information \Correspondence \Letters \I 1 -13 Assessments Letter k1_6 -17 -1 l.doc once the seed has germinated. Please set your lawn mower to the highest setting when mowing the new grass areas for the first few mowings. During construction, there will be short periods of time when access to your property will be restricted. There will only be a few instances when this will occur, but to minimize the disruption and the inconvenience, the contractor will provide a one -week notice prior to the access being restricted. During construction, overnight parking restrictions will be relaxed on the adjacent streets to allow temporary parking. Per the Police Department, a Construction Parking Permit is not required if a street (any portion or entire roadway) or sidewalk is being repaired. All no parking areas and /or posted time zones must be obeyed. Vehicles parking overnight must be parked on the side of the street that corresponds to the current date. On odd dates, the vehicles should be parked on the odd side of the street. On even dates, vehicles should be parked on the even side of the street. Provisions will be made with the Fire Department and Sanitation Division so fire protection and City garbage /recycling collection will continue at all times. Please ensure your garbage /recyclables are at the curbside by 7:00 a.m. on your regular collection day; crews will be collecting garbage /recyclables first in construction areas. If rural -type mailboxes exist on your street, the contractor will remove them during construction; this will make it necessary for you to pick up your mail at the Post Office. The contractor will be responsible so as not to damage the mailboxes. Upon completion of the paving work, the contractor will reset the mailboxes. Although terrace trees may need to be removed at specific locations, they will be preserved as much as possible. Property owners at locations where a tree needs to be removed will receive advance notice of the removal and replacement options. Roots and branches may be cut to allow for paving operations. Cutting and pruning will either be done by, or under the direction of, the City Forester. If you have any questions on the proposed assessments or the project construction you can contact the Public Works Engineering Division at (920)236 -5065. Sincerely, Steven M. Gohde, P.E. Assistant Director of Public Works SMG /dt Enclosures Page 2 of 2 t.'\Engineering\I 1 -13 High Ave Asphall Mill & OverlayTroject_Infomiation \Correspondence \Letters \I 1 -13 Assessments Letter HI_6-17 -1 Ldoc F Gi IrJ JUNE 28, 2011 11 -277 RESOLUTION (CARRIED X LOST LAID OVER WITHDRAW PURPOSE: APPROVE AMENDMENT TO RESOLUTION NO. 11 -251 / INITIAL RESOLUTION FOR SPECIAL ASSESSMENTS FOR ASPHALT PAVING, CURB - GUTTER, SIDEWALK, & DRIVEWAY — HIGH AVENUE & VARIOUS SIDE STREETS (WISCONSIN STREET TO CONGRESS AVENUE) INITIATED BY: DEPARTMENT OF PUBLIC WORKS WHEREAS, the Common Council previously approved an initial resolution that contained several errors and requires revision and supplanting: NOW, THEREFORE, BE IT RESOLVED BY the Common Council of the City of Oshkosh as follows: 1. The Common Council hereby declares its intention to exercise its police power under Section 66.0703 and 66.0705 of the Wisconsin Statutes to levy special assessments upon property within the following described areas for benefits conferred upon such property by improving the following: Hotmix Asphalt Milling and Paving Curb /Gutter Repair, Sidewalk Repair, & Concrete Driveway Approaches High Avenue — Wisconsin Street to Congress Avenue Osceola Street — 50 feet from the intersection with High Avenue in either direction Rockwell Avenue — 50 feet from the intersection with High Avenue in either direction Woodland Avenue — 50 feet from the intersection with High Avenue in either direction Vine Avenue — 50 feet from the intersection with High Avenue in either direction New York Avenue — 50 feet from the intersection with High Avenue in either direction 2. The total amount assessed against such district shall not exceed the total cost of the improvements and the amount assessed against any parcel shall not be greater than the benefits accrued thereto from said improvements. 3. The assessments against any parcel may be paid according to the provisions of Section 25 -83 through 25 -89 of the Oshkosh Municipal Code. JUNE 28, 2011 11 -277 RESOLUTION CONT'D 4. The governing body determines that the improvements constitute an exercise of the police power for the health, safety, and general welfare of the municipality and its inhabitants. 5. The Board of Public Works is directed to prepare a report consisting of: (a) Final plans and specifications for said improvements. (b) An estimate of the entire cost of the proposed work or improvements. (c) An estimate as to each parcel of property within the assessment district of: i. The assessment of benefits to be levied for each improvement. ii. The damages to be awarded for property taken or damages by each improvement. iii. The net amount of benefits over damages or the net amount of damages over benefits for each improvement. iv. The total assessment against each parcel Upon completion of such report, the Board of Public Works is directed to file a copy thereof in the City Clerk's Office for public inspection. 6. Upon receiving the report of the Board of Public Works, the City Clerk is directed to give notice of a public hearing on such reports as specified in Section 66.0703(7)(a) of the Wisconsin Statutes. The hearing shall be held before the Common Council at the Council Chambers, Room 406 in the City Hall at a time set by the Clerk in accordance with the Wisconsin Statutes. The assessment against any parcel may be paid in cash, paid with the first property tax installment, or in ten. (10) installments if the total amount of the assessment is greater than five hundred dollars ($500.00) or fifteen (15) installments if the total amount of the assessment is greater than one thousand dollars ($1000.00). 7. The installation of said street improvements shall be accomplished according to the provisions of Section 25 -3 through 25 -11 of the Oshkosh Municipal Code. - NOTICE OF PUBLIC HEARING Office of the City Clerk, City of Oshkosh, Winnebago County, Wisconsin: Please take notice that the City Council of the City of Oshkosh has declared its intention to exercise its power under Section 66.60 of the Wisconsin Statutes, to levy assessments upon property for benefits conferred upon such property by providing the following improvements fronting upon the following described streets: HOTMIX ASPHALT MILLING & PAVING, CURB /GUTTER REPAIR, SIDEWALK REPAIR, & CONCRETE DRIVEWAY APPROACHES High Avenue — Wisconsin Street to Congress Avenue Osceola Street — 50 feet from the intersection with High Avenue in either direction Rockwell Avenue — 50 feet from the intersection with High Avenue in either direction Woodland Avenue — 50 feet from the intersection with High Avenue in either direction Vine Avenue — 50 feet from the intersection with High Avenue in either direction New York Avenue — 50 feet from the intersection with High Avenue in either direction The report of the Public Works Director and City Manager showing proposed plans and specifications, estimated costs of improvements, proposed assessments and awards of damages is on file in the Office of the City Clerk and can be inspected there on any business day between the hours of 8:00 a.m. and 4:30 p.m. Notification that the City Manager (Board of Public Works) and City Council will hear all persons interested or their agents or attorneys concerning the matters in the preliminary resolutions authorizing awards of damages at 6:00 p.m. in the Council Chambers in the City Hall, Oshkosh, Wisconsin on JULY 13, 2011 (Wednesday). All objections will be considered at said hearing and thereafter the amount of assessment will be finally determined. CITY OF OSHKOSH PAMELA R. UBRIG PUBLISH: 7/2/2011 CITY CLERK ■ it CITY OF OSHKOSH PAYMENT PLAN NOTICE IS HEREBY GIVEN that the contract mentioned below is certified by the City of Oshkosh for the following improvements: HOTMIX ASPHALT MILLING & PAVING, CURB /GUTTER REPAIR, SIDEWALK REPAIR, & CONCRETE DRIVEWAY APPROACHES High Avenue — Wisconsin Street to Congress Avenue Osceola Street — 50 feet from the intersection with High Avenue in either direction Rockwell Avenue — 50 feet from the intersection with High Avenue in either direction Woodland Avenue — 50 feet from the intersection with High Avenue in either direction Vine Avenue — 50 feet from the intersection with High Avenue in either direction New York Avenue — 50 feet from the intersection with High Avenue in either direction Included with this notice, is the amount of the Special Assessment against your property or properties. A statement of the same is on file in the office of the City Clerk. At this time the City needs to know the payment choice for your assessment, PAYMENT CANNOT BE ACCEPTED AT THIS TIME. NOTE: THE PROPERTY OWNER MUST MAKE PAYMENT CHOICE TO THE CITY CLERK BY AUGUST 1, 2011. Per section 25 -85 (A) of the Oshkosh Municipal Code Book the property owner shall be deemed to accept the following if the payment plan sheet is not returned to the City Clerk's Office by the date deadline. ♦ IF THE ASSESSMENT IS UNDER $500.00 FULL AMOUNT WILL BE PLACED ON THE TAX BILL WITH NO INTEREST. ♦ IF THE ASSESSMENT IS OVER $500.00 THE ASSESSMENT WILL BE PLACED ON THE TAX BILL FOR 10 YEARS AT 6% INTEREST Payment choice of the assessment may be made in one of the following manners: 1. CASH PAYMENT PLAN The enclosed payment choice form must be signed by the property owner and returned to the City Clerk by AUGUST 1, 2011. The City of Oshkosh will then send the property owner a city certificate (bill /invoice), and payment must be made within thirty days of that notice. If the payment is not made within thirty days after receiving the certificate (bill /invoice), 6% interest accrues from the date of notification. If after making this selection, the property owner fails to make payment to the City Treasurer, the entire amount will be placed on the next property tax bill, plus interest. 2. TOTAL ASSESSMENT ON NEXT TAX BILL IN FULL Selection of this plan must be made by signing the enclosed payment choice form and returning it to the City Clerk's Office by AUGUST 1, 2011. Property owners may elect to pay 100% of the assessment on the next designated real estate property tax bill, without interest. The total amount of the assessment will be included on and payable in conjunction with the next designated property tax bill. 3. TEN ANNUAL INSTALLMENT PAYMENTS ON PROPERTY TAX BILL (ASSESSMENT MUST BE IN EXCESS OF $500.00) Selection of this plan must be made by signing the enclosed payment choice form and returning it to the City Clerk's Office by AUGUST 1, 2011. The amount of the assessment will be placed on the property tax bill with interest at 6% of the unpaid balance per year over the ten- (10) year period. The annual assessment payment and interest will be included in the total tax bill payment. The assessment balance may be paid in full at any time during the ten - year period, with interest pro -rated to the month of payment. Property ownershall be deemed to accept this plan unless he /she filed the payment plan with the City Clerk's Office. (Applies to assessments in excess of $500.00.) 4. FIFTEEN ANNUAL INSTALLMENT PAYMENTS ON PROPERTY TAX BILL (ASSESSMENT MUST BE IN EXCESS OF $1,000.00) Selection of this plan must be made by signing the enclosed payment choice form and returning it to the City Clerk's Office by AUGUST 1, 2011. The amount of the assessment will be placed on the property tax bill with interest at 6% of the unpaid balance per year over the fifteen- (15) year period. The annual assessment payment and interest will be included in the total tax bill payment. The assessment balance may be paid in full at any time during the fifteen -year period, with interest pro -rated to the month of payment. (Applies to assessments in excess of $1,000.00.) PUBLISHED: 7/2/2011 CITY OF OSHKOSH PAMELA R. UBRIG CITY CLERK 0 0 s u ,. w a ° z < N 0 u a T n /o s u ,. 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C3 C: :6 1 m > > CA cn U) T _0 m cn cn CD :C> \\ --I m z 00 --1 :CD M : 0 iG) m cn RR m _0 l cn T > > < < : : z z G) G) 06 : Z M LJ) 0 m m (n Z 0 m : 0 z :> : : : z o : --i M m 0 : :m T m C) :G) :m : ;u :2 z M m r > Z 0 : :> M : -n > 0 x :z 0 -n --1 0 0 Cl) Cl) r .n z (A m > ;u >Z o C) Z p m 0 ;a -n FE 0 G) 0 0 > -n 0 7, x 0) 0:5 0 00 m 6 < > 0 Z C) z M Z am z cn K co & 0 C) m > cn X (n Lo CD -n > 0 ;a 0 M > U) m m M r -4 0, --1 m } §k 0 cn cn \ \< > z cn 0 m 'D < ca cn CO) ;a M M < m w !-n m 00 W M G) Z m z m C, m --i S M > Z CA 0 z -n 'MV HJIH 1 ,0 .0 0 Me to N D J r 00 '7 m gi D r' H N - I 1 ". r a 13 *GA18 VW001V o � _ a a n N 0 0 m m N 0 J r _ .......... , n J J O a �I. ci C, 'MV HJIH 1 ,0 .0 0 Me to N D J r 00 '7 m gi D r' H N - I 1 ". r a 13 *GA18 VW001V o � _ a a n N 0 0 m m N 0 J 0 > cn cn :11 :00 m C/) m Cl) : : 0 :C) :CD o > cn : t ic m -r 0 z 0) :-4 co 0 Cn > > ;u x m cn :0 m - u > m 0 :C) 0 0 § z m < ou < > o m cn m z :0 o : 0 :03 :0 : : : 0 z m :0 :0 : : : : 0 ; :-n :-n :-n : : : : C) : -0 m : z : : : :z : : z m 4 : : c i z : : :z :k m < < < m : : : 0 -n :-n :-n :- :- 0 i 0 Fn Fn cn rn : : (n (n : : : : 0 z > M cn > z 0 — 0 Zm p m o IM -n o % 0 0:5 0 m C) < m cn > 00 C Z Fn i;3 0 m z 0 m z Ln C2 0 cn : : z (n m m > e z 0 (D > Ch M rj) -n 0 m --1 0 rn > ® > m M ¥ I (n 0 cn M --I m m m m > c f) 0 > a % ® a cn r 0 (A -4 0 0 - n m-0 (n U) §K ch ic / §� En M cn m z m m C� :C) :C) a M ic > M Ch CD t ; M Z < m 0 -4 < JULY 13, 2011 11 -299 RESOLUTION (CARRIED LOST LAID OVER WITHDRAWN ) PURPOSE: APPROVAL OF FINAL RESOLUTION FOR SPECIAL ASSESSMENTS OF SANITARY SEWER LATERALS — MERRITT AVENUE (BOWEN STREET TO HAZEL STREET) AND GROVE STREET (NEVADA AVENUE TO BENT AVENUE) INITIATED BY: DEPARTMENT OF PUBLIC WORKS WHEREAS, the Common Council of the City of Oshkosh held a public hearing on the 13th day of July, 2011, at 6:00 p.m. for the purpose of hearing all interested persons concerning the preliminary resolution and report of the City Manager (Board of Public Works) on the proposed improvements as listed below, pursuant to the initial resolution adopted June 28, 2011, by the Oshkosh Common Council of the following named streets: Sanitary Sewer Lateral Linings MERRITT AVENUE — Bowen Street to Hazel Street GROVE STREET — Nevada Avenue to Bent Avenue NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh as follows: 1. That the report of the City Manager, acting as the Board of Public Works, pertaining to the construction of the above described public improvements, including plans and specifications therefor, is hereby adopted and approved with the following modifications: a. b. C. 2. That the action of the City Manager in advertising for bids and to carry out the work of such improvements in accordance with the reports of the City Manager and in accordance with the said resolution heretofore adopted, is hereby approved, ratified and confirmed. JULY 13, 2011 11 -299 RESOLUTION CONT'D 3. That payment for said improvements be made by assessing the cost to the property benefited as indicated in said report, except as modified herein. 4. Assessments shown on the report represent an exercise of the police power and have been determined on a reasonable basis and are hereby confirmed. 5. That the assessments for all projects included in said report are hereby combined as a single assessment but any interested property owners shall be entitled to object to each assessment separately or all assessments jointly for any purpose or purposes. 6. That the assessments may be paid in cash, or in installments pursuant to Section 25 -83 thru 25 -89 of the Oshkosh Municipal Code, said deferred payments to bear interest at the rate of six percent (6 %) per annum on the unpaid balance. The City Clerk shall publish an installment assessment notice in accordance with Section 66.0715(3)(e) of the Wisconsin Statutes in the official newspaper of the City. 7. The City Clerk is directed to publish this resolution in the OSHKOSH DAILY NORTHWESTERN, the official newspaper of the City. 8. The City Clerk is further directed to mail a copy of this resolution to every property owner whose name appears on the assessment roll whose post office address is known or can with reasonable diligence be ascertained. PAMELA R. UBRIG July 1, 2011 Dear Property Owner. Please find enclosed the following documents for your information and review: 1. A letter of explanation from Public Works Assistant Director Steven Gohde. 2. The Initial Resolution adopted by the Oshkosh Common Council, which began the process for the improvement(s) adjacent to your property. 3. Notice of Public Hearing to be held by the Oshkosh Common Council on July 13, 2011 (Wednesday) regarding assessments, which will be set with the adoption of the final resolution, also scheduled for adoption on July 13, 2011. 4. Payment plan for special assessments in the City of Oshkosh. (payment plan /sign -up sheet also enclosed and needs to be returned to City Clerk's Office by August 1, 2011) Per section 25 -85 (A) of the Oshkosh Municipal Code Book the property owner shall be deemed to accept the following if the payment plan sheet is not returned to the City Clerk's Office by the date deadline: ♦ IF THE ASSESSMENT IS UNDER $500.00 FULL AMOUNT WILL BE PLACED ON THE TAX BILL WITH NO INTEREST. ♦ IF THE ASSESSMENT IS OVER $500.00 THE ASSESSMENT WILL BE PLACED ON THE TAX BILL FOR 10 YEARS AT 6% INTEREST 5. Assessment sheet indicating properties involved in the proposed project, the property footage, price per foot and total assessment to the property. If you wish to appear before the Council before the final resolution is adopted to proceed with the construction, please refer to the "Notice of Public Hearing" enclosed. If you have any questions regarding the above listed documents, please contact the Public Works Department (236 -5065) or the City Clerk (236 - 5011), Monday through Friday, 8:00 a.m. until 4:30 p.m. Sincerely, =CITF OSH O H PAMELA R. UBRIG CITY CLERK City Clerk ANGELA J. JOECKEL Deputy City Clerk CITY HALL O.IHKOIH 215 Church Avenue P.O. Box 1130 ON THE WATER Oshkosh, WI 54902 -1130 July 1, 2011 Dear Property Owner. Please find enclosed the following documents for your information and review: 1. A letter of explanation from Public Works Assistant Director Steven Gohde. 2. The Initial Resolution adopted by the Oshkosh Common Council, which began the process for the improvement(s) adjacent to your property. 3. Notice of Public Hearing to be held by the Oshkosh Common Council on July 13, 2011 (Wednesday) regarding assessments, which will be set with the adoption of the final resolution, also scheduled for adoption on July 13, 2011. 4. Payment plan for special assessments in the City of Oshkosh. (payment plan /sign -up sheet also enclosed and needs to be returned to City Clerk's Office by August 1, 2011) Per section 25 -85 (A) of the Oshkosh Municipal Code Book the property owner shall be deemed to accept the following if the payment plan sheet is not returned to the City Clerk's Office by the date deadline: ♦ IF THE ASSESSMENT IS UNDER $500.00 FULL AMOUNT WILL BE PLACED ON THE TAX BILL WITH NO INTEREST. ♦ IF THE ASSESSMENT IS OVER $500.00 THE ASSESSMENT WILL BE PLACED ON THE TAX BILL FOR 10 YEARS AT 6% INTEREST 5. Assessment sheet indicating properties involved in the proposed project, the property footage, price per foot and total assessment to the property. If you wish to appear before the Council before the final resolution is adopted to proceed with the construction, please refer to the "Notice of Public Hearing" enclosed. If you have any questions regarding the above listed documents, please contact the Public Works Department (236 -5065) or the City Clerk (236 - 5011), Monday through Friday, 8:00 a.m. until 4:30 p.m. Sincerely, =CITF OSH O H PAMELA R. UBRIG CITY CLERK QIHKQfH #1 ON THE WATER June 24, 2011 Subject: Assessments for Sanitary Sewer Lateral Lining Contract 11 -22 To Property Owners on: ➢ MERRITT AVENUE, Bowen Street to Hazel Street ➢ GROVE STREET, East Nevada Avenue to East Bent Avenue A public hearing is scheduled for Wednesday, July 13, 2011, at 6:00 p.m. in the Common Council Chamber of the Oshkosh City Hall to consider the following improvements to your street: sanitary sewer lateral lining and the levy of special assessments that partially cover the cost of the improvements. Assessments are not due until the project is completed and then can be paid by any one of the plans as outlined on the enclosed Payment Plan for Special Assessments. Based upon the City of Oshkosh assessment policy, the assessable portions of the project have been identified and are outlined on the attached assessment worksheet(s). The quantities and costs are estimates and will be adjusted to actual quantity installed and the unit costs will be adjusted according to the assessment policy based on bid prices. Final costs will not increase above the estimates without a public hearing. Questions in regard to payment of Special Assessments can be answered by calling the City Clerk's office at (920)236 -5011. Questions in regard to the construction project in general can be answered by calling the Department of Public Works Engineering Division at (920)236 -5065. The sequence of construction has not yet been scheduled with a contractor. Residents will be notified approximately one week before construction will begin on a particular street. Each street identified in this project has been designated a specific time frame in which the contractor will need to complete their work on that street. The construction time frames vary from 2 -6 weeks depending upon the amount of work and the complexity of the work associated with a specific street. All work within this contract is scheduled to be completed by the end of October 2011. Prior to the lining of the sanitary sewer main with a cured -in -place pipe, the sanitary laterals for all properties within the project limits will be inspected using a closed circuit television system. If it is deemed that a sanitary lateral does not meet current plumbing code from this inspection, the defective sanitary sewer laterals will also be lined with a cured -in -place pipe as part of this project. The defective sanitary laterals will be lined from the sanitary sewer main to the right of way line. For laterals that meet current plumbing code, no lining work will be done on them and no assessment will be levied. All of this work should not require any excavation of the street or sidewalks. During construction, there may be short periods of time when access to your property will be restricted due to trucks being Page 1 of 2 1AEngineering \I 1 -22 San Swr Lining - Grove & Merritt St \Project_lnfovnation \Correspondence \Letters \I 1 -22 Assessments #16-24-1 l.doc Z parked in the intersections. There will only be a few instances when this will occur, but to minimize the disruption and the inconvenience, the contractor will provide a one -week notice prior to the access being restricted. Provisions will be made with the Fire Department and Sanitation Division so fire protection and City garbage /recycling collection will continue at all times. Please ensure your garbage /recyclables are at the curbside by 7:00 a.m. on your regular collection day; crews will be collecting garbage /recyclables first in construction areas. If you have any questions on the proposed assessments or the project construction, you can contact the Public Works Engineering Division at (920)236 -5065. Sincerely, '�� o�J-4k Steven M. Gohde, P.E. Assistant Director of Public Works SMG /tlt Enclosures Page 2 of 2 L\Engineering \I 1 -22 San Swr Lining - Grove & Merritl SI\Projecl_ Information \Comespondence\Letters111 -22 Assessments #I 6- 24- 11.doc #2 JUNE 28, 2011 11 -276 RESOLUTION (CARRIED X LOST LAID OVER WITHDRAW PURPOSE: APPROVE INITIAL RESOLUTION FOR SPECIAL ASSESSMENTS /SANITARY SEWER LATERALS — MERRITT AVENUE (BOWEN STREET TO HAZEL STREET) AND GROVE STREET (NEVADA AVENUE TO BENT AVENUE) INITIATED BY: DEPARTMENT OF PUBLIC WORKS BE IT RESOLVED BY the Common Council of the City of Oshkosh as follows: 1. The Common Council hereby declares its intention to exercise its police power under Section 66.0703 and 66.0705 of the Wisconsin Statutes to levy special assessments upon property within the following described areas for benefits conferred upon such property by improving the following: Sanitary Sewer Lateral Linings MERRITT AVENUE — Bowen Street to Hazel Street GROVE STREET — Nevada Avenue to Bent Avenue 2. The total amount assessed against such district shall not exceed the total cost of the improvements and the amount assessed against any parcel shall not be greater than the benefits accrued thereto from said improvements. 3. The assessments against any parcel may be paid according to the provisions of Section 25 -83 through 25 -89 of the Oshkosh Municipal Code. 4. The governing body determines that the improvements constitute an exercise of the police power for the health, safety, and general welfare of the municipality and its inhabitants. 5. The Board of Public Works is directed to prepare a report consisting of: (a) Final plans and specifications for said improvements. (b) An estimate of the entire cost of the proposed work or improvements. (c) An estimate as to each parcel of property within the assessment district of: JUNE 28, 2011 11 -276 RESOLUTION CONT'D i. The assessment of benefits to be levied for each improvement. ii. The damages to be awarded for property taken or damages by each improvement. iii. The net amount of benefits over damages or the net amount of damages over benefits for each improvement. iv. The total assessment against each parcel Upon completion of such report, the Board of Public Works is directed to file a copy thereof in the City Clerk's Office for public inspection. 6. Upon receiving the report of the Board of Public Works, the City Clerk is directed to give notice of a public hearing on such reports as specified in Section 66.0703(7)(a) of the Wisconsin Statutes. The hearing shall be held before the Common Council at the Council Chambers, Room 406 in the City Hall at a time set by the Clerk in accordance with the Wisconsin Statutes. The assessment against any parcel may be paid in cash, paid with the first property tax installment, or in ten (10) installments if the total amount of the assessment is greater than five hundred dollars ($500.00) or fifteen (15) installments if the total amount of the assessment is greater than one thousand dollars ($1000.00). 7. The installation of said street improvements shall be accomplished according to the provisions of Section 25 -3 through 25 -11 of the Oshkosh Municipal Code. #3 NOTICE OF PUBLIC HEARING Office of the City Clerk, City of Oshkosh, Winnebago County, Wisconsin: Please take notice that the City Council of the City of Oshkosh has declared its intention to exercise its power under Section 66.60 of the Wisconsin Statutes, to levy assessments upon property for benefits conferred upon such property by providing the following improvements fronting upon the following described streets: SANITARY SEWER LATERAL LININGS Merritt Avenue — Bowen Street to Hazel Street Grove Street — Nevada Avenue to Bent Avenue The report of the Public Works Director and City Manager showing proposed plans and specifications, estimated costs of improvements, proposed assessments and awards of damages is on file in the Office of the City Clerk and can be inspected there on any business day between the hours of 8:00 a.m. and 4:30 p.m. Notification that the City Manager (Board of Public Works) and City Council will hear all persons interested or their agents or attorneys concerning the matters in the preliminary resolutions authorizing awards of damages at 6:00 p.m. in the Council Chambers in the City Hall, Oshkosh, Wisconsin on JULY 13, 2011 (Wednesday). All objections will be considered at said hearing and thereafter the amount of assessment will be finally determined. CITY OF OSHKOSH PAMELA R. UBRIG PUBLISH: 7/2/2011 CITY CLERK • I CITY OF OSHKOSH PAYMENT PLAN NOTICE IS HEREBY GIVEN that the contract mentioned below is certified by the City of Oshkosh for the following improvements: SANITARY SEWER LATERAL LININGS Merritt Avenue — Bowen Street to Hazel Street Grove Street — Nevada Avenue to Bent Avenue Included with this notice, is the amount of the Special Assessment against your property or properties. A statement of the same is on file in the office of the City Clerk. At this time the City needs to know the payment choice for your assessment, PAYMENT CANNOT BE ACCEPTED AT THIS TIME. NOTE: THE PROPERTY OWNER MUST MAKE PAYMENT CHOICE TO THE CITY CLERK BY AUGUST 1, 2011. Per section 25 -85 (A) of the Oshkosh Municipal Code Book the property owner shall be deemed to accept the following if the payment plan sheet is not returned to the City Clerk's Office by the date deadline. ♦ IF THE ASSESSMENT IS UNDER $500.00 FULL AMOUNT WILL BE PLACED ON THE TAX BILL WITH NO INTEREST. ♦ IF THE ASSESSMENT IS OVER $500.00 THE ASSESSMENT WILL BE PLACED ON THE TAX BILL FOR 10 YEARS AT 6% INTEREST Payment choice of the assessment may be made in one of the following manners: 1. CASH PAYMENT PLAN The enclosed payment choice form must be signed by the property owner and returned to the City Clerk by AUGUST 1, 2011. The City of Oshkosh will then send the property owner a city certificate (bill /invoice), and payment must be made within thirty days of that notice. If the payment is not made within thirty days after receiving the certificate (bill /invoice), 6% interest accrues from the date of notification. If after making this selection, the property owner fails to make payment to the City Treasurer, the entire amount will be placed on the next property tax bill, plus interest. 2. TOTAL ASSESSMENT ON NEXT TAX BILL IN FULL Selection of this plan must be made by signing the enclosed payment choice form and returning it to the City Clerk's Office by AUGUST 1, 2011. Property owners may elect to pay 100% of the assessment on the next designated real estate property tax bill, without interest. The total amount of the assessment will be included on and payable in conjunction with the next designated property tax bill. 3. TEN ANNUAL INSTALLMENT PAYMENTS ON PROPERTY TAX BILL (ASSESSMENT MUST BE IN EXCESS OF $500.00) Selection of this plan must be made by signing the enclosed payment choice form and returning it to the City Clerk's Office by AUGUST 1, 2011. The amount of the assessment will be placed on the property tax bill with interest at 6% of the unpaid balance per year over the ten- (10) year period. The annual assessment payment and interest will be included in the total tax bill payment. The assessment balance may be paid in full at any time during the ten - year period, with interest pro -rated to the month of payment. Property ownershall be deemed to accept this plan unless he /she filed the payment plan with the City Clerk's Office. (Applies to assessments in excess of $500.00.) 4. FIFTEEN ANNUAL INSTALLMENT PAYMENTS ON PROPERTY TAX BILL (ASSESSMENT MUST BE IN EXCESS OF $1,000.00) Selection of this plan must be made by signing the enclosed payment choice form and returning it to the City Clerk's Office by AUGUST 1, 2011. The amount of the assessment will be placed on the property tax bill with interest at 6% of the unpaid balance per year over the fifteen- (15) year period. The annual assessment payment and interest will be included in the total tax bill payment. The assessment balance may be paid in full at any time during the fifteen -year period, with interest pro -rated to the month of payment. (Applies to assessments in excess of $1,000.00.) PUBLISHED: 7/2/2011 CITY OF OSHKOSH PAMELA R. UBRIG CITY CLERK L 12 4. O IS 13ZVH C4 N o C4 O Cf) N <0 08 .9 Is Avo Z K LL- w z I.: o-, 1- Li L� 2 �- 0 K I 4; - C z u m �4 E Lzi f z 0- 0 << Ir u !R-7 10 SN3A3iS NN MM IS 3AO80 W C f0 co < V N cm a) cl: LLI C4 O IS SNVA3 CL C4 w W -Lj - Ego co IS N3MO8 M LL O N W N LLI S Z Cl) LU N N W N N W Q ZO w J Q Z IWI�� J W ¢ w W m W � N N Z Q ° ° C: , °I o ° o c):: o ° o ° o ° o ° o Co o °� O ° O ° O ° o °' o ° o ° o O' N w O F °; o O; o °; o O o o; o; o ; O o; °; o o; o; O O ° o °; ° of o; °! O O o ° o o; o; o; Cl. 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O O O O O O O r z a N N 1-- < C4 12 U- 7 CL L 0 z ul HOBBS AVE. 2 < Ln C14 00 Lo 4 vi K C5 0 z L u j i w Z 5z 6 5 E L'i U z 0 as L E. BENT AVE. 14 924 1097 4 2 it) 2 12 2 U) (n C4 in -m, < Z < 0 ui 6 F5 920 1004 E. NEVADA AVE. 2 3 . ........... . .. ... -1. 4 < < Z < < 1�J 1C E 16 CN LL 0 04 F- w w m U) 0 / \\ in < e UJ CZ \\j LU Lli z z � 0 C, § 5005 d z Cj C of < LO \ ��� 0 C) LU: < W Q R LLJ i F- F- CD: 0: C) C � ' : o C�: < C� (na 0 : 0; oi C)i C:� coi : 0_ cl a CD; 0: cl; 0: CD LLJ ci : CD: Lo LO i C)i C i C: j: C>: C); CD: C : 0 0 >: 8 : >: L q; IQ: 0 : U) to; Lc): Lq:: LO: 0 LU LU 0 0 603i v� Lll 0 L.0 19 69 6% X: N - Z! of W� of In LU LU Z: co: u: : (D: (D:: 0 o: (D: u, Lij 0 / \\ in < e UJ CZ \\j LU Lli z z � 0 C, § 5005 d z Cj C of < LO \ ��� 0 C) LU: < F-- Q R LLJ i F- F- F— < (na m: (1): > cn: u): u): u) LIJ LLJ: LLJ LLJ LU: W: Lui LU: >: >: : >: >: : 0 0: 0 0 Z: LU 0 0 0 0 Lll CA L.0 of W: tr� X: LU: Z! of W� of In LU LU Z: co: u: : (D: (D:: 0 o: (D: u, Lij : ; N C4: C ,): C); CN: C' m LO U') Lr) CN: C): LO: Lc): Lo: c): z w C �: i C ,: C ,: C ,: 0 : C ,: CD : i C) U) C �, ; c): . C:> CD1 C:): C , (D: C:): . C). (=): (z): U) Cn. C.; o c : o C ,: 0 o l 0 : C) w 9 9 9 9 9 9"; 9 9 9 9 U) § 6 A: 04 LO 2 (0 : r— : co ; CD: (0. co ( D: CD: ' o; L O: U 7 0 / \\ in < e UJ CZ \\j LU Lli z z � 0 C, § 5005 d z Cj C of < LO \ ��� 0 C) JULY 13, 2011 11 -300 RESOLUTION (CARRIED LOST LAID OVER WITHDRAWN ) PURPOSE: APPROVAL OF FINAL RESOLUTION FOR SPECIAL ASSESSMENTS / GRADE & GRAVEL, ASPHALT PAVING, SIDEWALK, DRIVEWAY, & UTILITIES — HAZEL STREET (MELVIN AVENUE TO NEW YORK) AND ALLEY WEST OF MAIN STREET (14TH AVENUE TO 15TH AVENUE) INITIATED BY: DEPARTMENT OF PUBLIC WORKS WHEREAS, the Common Council of the City of Oshkosh held a public hearing on the 13th day of July, 2011, at 6:00 p.m. for the purpose of hearing all interested persons concerning the preliminary resolution and report of the City Manager (Board of Public Works) on the proposed improvements as listed below, pursuant to the initial resolution adopted June 28, 2011, by the Oshkosh Common Council of the following named streets: Grading and Graveling, Asphalt Paving, Sanitary Sewer Construction, and Sanitary Sewer Lateral Relay ALLEY — Bounded by West 14 Avenue, West 15 Avenue, South Main Street, and Nebraska Street Sanitary Sewer Construction, Sanitary Lateral Relay, Sidewalk Repair, and Concrete Drive Approach HAZEL STREET — From East Melvin Avenue to East New York Avenue NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh as follows: 1. That the report of the City Manager, acting as the Board of Public Works, pertaining to the construction of the above described public improvements, including plans and specifications therefor, is hereby adopted and approved with the following modifications: a. b. C. JULY 13, 2011 11 -300 RESOLUTION CONT'D 2. That the action of the City Manager in advertising for bids and to carry out the work of such improvements in accordance with the reports of the City Manager and in accordance with the said resolution heretofore adopted, is hereby approved, ratified and confirmed. 3. That payment for said improvements be made by assessing the cost to the property benefited as indicated in said report, except as modified herein. 4. Assessments shown on the report represent an exercise of the police power and have been determined on a reasonable basis and are hereby confirmed. 5. That the assessments for all projects included in said report are hereby combined as a single assessment but any interested property owners shall be entitled to object to each assessment separately or all assessments jointly for any purpose or purposes. 6. That the assessments may be paid in cash, or in installments pursuant to Section 25 -83 thru 25 -89 of the Oshkosh Municipal Code, said deferred payments to bear interest at the rate of six percent (6 %) per annum on the unpaid balance. The City Clerk shall publish an installment assessment notice in accordance with Section 66.0715(3)(e) of the Wisconsin Statutes in the official newspaper of the City. 7. The City Clerk is directed to publish this resolution in the OSHKOSH DAILY NORTHWESTERN, the official newspaper of the City. 8. The City Clerk is further directed to mail a copy of this resolution to every property owner whose name appears on the assessment roll whose post office address is known or can with reasonable diligence be ascertained. PAMELA R. UBRIG City Clerk 0 OfHKOIH ON THE WATER July 1, 2011 Dear Property Owner.' ANGELA J.JOECKEL Deputy City Clerk CITY HALL 215 Church Avenue P.O. Box 1130 Oshkosh, WI 54902 -1130 Please find enclosed the following documents for your information and review: 1. A letter of explanation from Public Works Assistant Director Steven Gohde. 2. The Initial Resolution adopted by the Oshkosh Common Council, which began the process for the improvement(s) adjacent to your property. 3. Notice of Public Hearing to be held by the Oshkosh Common Council on July 13, 2011 (Wednesday) regarding assessments, which will be set with the adoption of the final resolution, also scheduled for adoption on July 13, 2011. 4. Payment plan for special assessments in the City of Oshkosh. (payment plan / sign -up sheet also enclosed and needs to be returned to City Clerk's Office by August 1, 2011) Per section 25 -85 (A) of the Oshkosh Municipal Code Book the property owner shall be deemed to accept the following if the payment plan sheet is not returned to the City Clerk's Office by the date deadline: ♦ IF THE ASSESSMENT IS UNDER $500.00 FULL AMOUNT WILL BE PLACED ON THE TAX BILL WITH NO INTEREST. ♦ IF THE ASSESSMENT IS OVER $500.00 THE ASSESSMENT WILL BE PLACED ON THE TAX BILL FOR 10 YEARS AT 6% INTEREST 5. Assessment sheet indicating properties involved in the proposed project, the property footage, price per foot and total assessment to the property. If you wish to appear before the Council before the final resolution is adopted to proceed with the construction, please refer to the "Notice of Public Hearing" enclosed. If you have any questions regarding the above listed documents, please contact the Public Works Department (236 -5065) or the City Clerk (236- 5011), Monday through Friday, 8:00 a.m. until 4:30 p.m. Sincerely, OSHKOS. PAMELA R. UBRIG CITY CLERK ( 0 OfHKCYR ON THE WATER #1 June 17, 2011 Subject: Assessments for Grading and Graveling, Asphalt Paving, Sanitary Sewer Laterals (New & Relay), Sidewalk Repair, New Sidewalk, and Concrete Drive Approach Contract 11 -23 To Property Owners on: ➢ HAZEL STREET, Melvin Avenue to New York Avenue ➢ ALLEY, bounded by West 10 Avenue, West 15 Avenue, South Main Street, and Nebraska Street A public hearing is scheduled for Wednesday, July 13, 2011, at 6:00 p.m. in the Common Council Chamber of the Oshkosh City Hall to consider the following improvements to your street: paving, utility, and sidewalk and/or driveway approach and the levy of special assessments that partially cover the cost of the improvements. Assessments are not due until the project is completed and then can be paid by any one of the plans as outlined on the enclosed Payment Plan for Special Assessments. Based upon the City of Oshkosh assessment policy, the assessable portions of the project have been identified and are outlined on the attached assessment worksheet(s). The estimated distance on side streets is estimated high to allow adequate area for the new streets to be transitioned to the old streets. The quantities and costs are estimates and will be adjusted to actual quantity installed and the unit costs will be adjusted according to the assessment policy based on bid prices. Additional sidewalk sections have been included in the enclosed estimates to allow for removal and replacement of the sidewalk over the sanitary and storm sewer laterals, if needed. Only sections removed and replaced will be charged. Final costs will not increase above the estimates without a public hearing. Questions in regard to payment of Special Assessments can be answered by calling the City Clerk's office at (920)236 -5011. Questions in regard to the construction project in general can be answered by calling the Department of Public Works Engineering Division at (920)236 -5065. The sequence of construction has not yet been scheduled with a contractor. Residents will be notified approximately one week before construction will begin on a particular street. Each street identified in this year's paving program has been designated a specific time frame in which the contractor will need to complete their work on that street. The construction time frames vary from 6 -8 weeks depending upon the amount of work and the complexity of the work associated with a specific street. All work within this contract is scheduled to be completed by the end of October 2011. The project construction for the alley will consist of the following elements: relay of sanitary sewer main and associated laterals at various locations along the project; grading and graveling; and asphalt paving. The project construction for Hazel Street will consist of the following elements: relay of sanitary sewer main and associated laterals; concrete driveway aprons will be reconstructed, if needed; Page 1 of 2 [:\Engineering \11 -23 San Swr Relay - Hazel SHProject_lnfor ation \Correspondence \Letters \I 1 -23 Assessments #16-17-1 Ldoc lead water services will be replaced in the Right -of -Way; and the existing concrete sidewalk will be repaired as needed. It is recommended that no salt or harsh chemicals be put on new sidewalk for one (1) year. If you know of any underground wires and/or piping, (examples: invisible electric fence, conduit for exterior lighting, sprinkler system, etc.) on your property near the sidewalk and driveway, please contact the City as soon as possible. Prior to the completion of the project, all disturbed areas will be topsoiled, seeded, and mulched (the property owner is responsible for watering the newly vegetated areas). The matting placed over the seed is biodegradable; please do not remove the mat once the seed has germinated. Please set your lawn mower to the highest setting when mowing the new grass areas for the first few mowings. During construction, there will be short periods of time when access to your property will be restricted. There will only be a few instances when this will occur, but to minimize the disruption and the inconvenience, the contractor will provide a one -week notice prior to the access being restricted. During construction, overnight parking restrictions will be relaxed on the adjacent streets to allow temporary parking. Per the Police Department, a Construction Parking Permit is not required if a street (any portion or entire roadway) or sidewalk is being repaired. All no parking areas and /or posted time zones must be obeyed. Vehicles parked overnight must be parked on the side of the street that corresponds to the current date. On odd dates, the vehicles should be parked on the odd side of the street. On even dates, vehicles should be parked on the even side of the street. Provisions will be made with the Fire Department and Sanitation Division so fire protection and City garbage /recycling collection will continue at all times. Please ensure your garbage /recyclables are at the curbside by 7:00 a.m. on your regular collection day; crews will be collecting garbage /recyclables first in construction areas. If rural -type mailboxes exist on your street, the contractor will remove them during construction; this will make it necessary for you to pick up your mail at the Post Office. The contractor will be responsible so as not to damage the mailboxes. Upon completion of the paving work, the contractor will reset the mailboxes. Although terrace trees may need to be removed at specific locations, they will be preserved as much as possible. Property owners at locations where a tree needs to be removed will receive advance notice of the removal and replacement options. Roots and branches may be cut to allow for paving operations. Cutting and pruning will either be done by, or under the direction of, the City Forester. If you have any questions on the proposed assessments or the project construction, you can contact the Public Works Engineering Division at (920)236 -5065. Sincerely, Steven M. Gohde, P.E. Assistant Director of Public Works 0y"cw Enclosures Page 2 of 2 (:\Engineering \I 1 -23 Smi Swr Relay - Hazel St\ Project _lnformation\Commpondence \Letters \I 1 -23 Assessments #1_6-17 -1 l.doc #2 JUNE 28, 2011 11 -275 RESOLUTION (CARRIED X LOST LAID OVER WITHDRAWN PURPOSE: APPROVE INITIAL RESOLUTION FOR SPECIAL ASSESSMENTS /GRADE- GRAVEL, ASPHALT PAVING, SIDEWALK, DRIVEWAY, & UTILITIES — HAZEL STREET (MELVIN AVENUE TO NEW YORK AVENUE AND ALLEY WEST OF MAIN STREET (14 AVENUE TO 15 H AVENUE) INITIATED BY: DEPARTMENT OF PUBLIC WORKS BE IT RESOLVED BY the Common Council of the City of Oshkosh as follows: 1. The Common Council hereby declares its intention to exercise its police power under Section 66.0703 and 66.0705 of the Wisconsin Statutes to levy special assessments upon property within the following described areas for benefits conferred upon such property by improving the following: Sanitary Sewer Construction Sanitary Lateral Relay, Sidewalk Repair, and Concrete Drive Approach HAZEL STREET — From East Melvin Avenue to East New York Avenue Grading and Graveling Asphalt Paving Sanitary Sewer Construction and Sanitary Sewer Lateral Relay ALLEY — Bounded by West 14 Avenue, West 15 Avenue, South Main Street, and Nebraska Street 2. The total amount assessed against such district shall not exceed the total cost of the improvements and the amount assessed against any parcel shall not be greater than the benefits accrued thereto from said improvements. 3. The assessments against any parcel may be paid according to the provisions of Section 25 -83 through 25 -89 of the Oshkosh Municipal Code. 4. The governing body determines that the improvements constitute an exercise of the police power for the health, safety, and general welfare of the municipality and its inhabitants. JUNE 28, 2011 11 -275 RESOLUTION CONT'D 5. The Board of Public Works is directed to prepare a report consisting of: (a) Final plans and specifications for said improvements. (b) An estimate of the entire cost of the proposed work or improvements. (c) An estimate as to each parcel of property within the assessment district of: i. The assessment of benefits to be levied for each improvement. ii. The damages to be awarded for property taken or damages by each improvement. iii. The net amount of benefits over damages or the net amount of damages over benefits for each improvement. iv. The total assessment against each parcel Upon completion of such report, the Board of Public Works is directed to file a copy thereof in the City Clerk's Office for public inspection. 6. Upon receiving the report of the Board of Public Works, the City Clerk is directed to give notice of a public hearing on such reports as specified in Section 66.0703(7)(a) of the Wisconsin Statutes. The hearing shall be held before the Common Council at the Council Chambers, Room 406 in the City Hall at a time set by the Clerk in accordance with the Wisconsin Statutes. The assessment against any parcel may be paid in cash, paid with the first property tax installment, or in ten (10) installments if the total amount of the assessment is greater than five hundred dollars ($500.00) or fifteen (15) installments if the total amount of the assessment is greater than one thousand dollars ($1000.00). 7. The installation of said street improvements shall be accomplished according to the provisions of Section 25 -3 through 25 -11 of the Oshkosh Municipal Code. UA NOTICE OF PUBLIC HEARING Office of the City Clerk, City of Oshkosh, Winnebago County, Wisconsin: Please take notice that the City Council of the City of Oshkosh has declared its intention to exercise its power under Section 66.60 of the Wisconsin Statutes, to levy assessments upon property for benefits conferred upon such property by providing the following improvements fronting upon the following described streets: SANITARY SEWER CONSTRUCTION, SANITARY LATERAL RELAY, SIDEWALK REPAIR & CONCRETE DRIVE APPROACH Hazel Street — from East Melvin Avenue to East New York Avenue GRADING & GRAVELING, ASPHALT PAVING, SANITARY SEWER CONSTRUCTION & SANITARY SEWER LATERAL RELAY Alley — bounded by West 14 Avenue, West 15 Avenue, South Main Street & Nebraska Street The report of the Public Works Director and City Manager showing proposed plans and specifications, estimated costs of improvements, proposed assessments and awards of damages is on file in the Office of the City Clerk and can be inspected there on any business day between the hours of 8:00 a.m. and 4:30 p.m. Notification that the City Manager (Board of Public Works) and City Council will hear all persons interested or their agents or attorneys concerning the matters in the preliminary resolutions authorizing awards of damages at 6:00 p.m. in the Council Chambers in the City Hall, Oshkosh, Wisconsin on JULY 13, 2011 (Wednesday). All objections will be considered at said hearing and thereafter the amount of assessment will be finally determined. CITY OF OSHKOSH PAMELA R. UBRIG PUBLISH: 7/2/2011 CITY CLERK MA CITY OF OSHKOSH PAYMENT PLAN NOTICE IS HEREBY GIVEN that the contract mentioned below is certified by the City of Oshkosh for the following improvements: SANITARY SEWER CONSTRUCTION, SANITARY LATERAL RELAY, SIDEWALK REPAIR & CONCRETE DRIVE APPROACH Hazel Street — from East Melvin Avenue to East New York Avenue GRADING & GRAVELING, ASPHALT PAVING, SANITARY SEWER CONSTRUCTION & SANITARY SEWER LATERAL RELAY Alley — bounded by West 14 Avenue, West 15 Avenue, South Main Street & Nebraska Street Included with this notice, is the amount of the Special Assessment against your property or properties. A statement of the same is on file in the office of the City Clerk. At this time the City needs to know the payment choice for your assessment, PAYMENT CANNOT BE ACCEPTED AT THIS TIME. NOTE: THE PROPERTY OWNER MUST MAKE PAYMENT CHOICE TO THE CITY CLERK BY AUGUST 1, 2011. Per section 25 -85 (A) of the Oshkosh Municipal Code Book the property owner shall be deemed to accept the following if the payment plan sheet is not returned to the City Clerk's Office by the date deadline. ♦ IF THE ASSESSMENT IS UNDER $500.00 FULL AMOUNT WILL BE PLACED ON THE TAX BILL WITH NO INTEREST. ♦ IF THE ASSESSMENT IS OVER $500.00 THE ASSESSMENT WILL BE PLACED ON THE TAX BILL FOR 10 YEARS AT 6% INTEREST Payment choice of the assessment may be made in one of the following manners: 1. CASH PAYMENT PLAN The enclosed payment choice form must be signed by the property owner and returned to the City Clerk by AUGUST 1, 2011. The City of Oshkosh will then send the property owner a city certificate (bill /invoice), and payment must be made within thirty days of that notice. If the payment is not made within thirty days after receiving the certificate (bill /invoice), 6% interest accrues from the date of notification. If after making this selection, the property owner fails to make payment to the City Treasurer, the entire amount will be placed on the next property tax bill, plus interest. 2. TOTAL ASSESSMENT ON NEXT TAX BILL IN FULL Selection of this plan must be made by signing the enclosed payment choice form and returning it to the City Clerk's Office by AUGUST 1, 2011. Property owners may elect to pay 100% of the assessment on the next designated real estate property tax bill, without interest. The total amount of the assessment will be included on and payable in conjunction with the next designated property tax bill. 3. TEN ANNUAL INSTALLMENT PAYMENTS ON PROPERTY TAX BILL (ASSESSMENT MUST BE IN EXCESS OF $500.00) Selection of this plan must be made by signing the enclosed payment choice form and returning it to the City Clerk's Office by AUGUST 1, 2011. The amount of the assessment will be placed on the property tax bill with interest at 6% of the unpaid balance per year over the ten- (10) year period. The annual assessment payment and interest will be included in the total tax bill payment. The assessment balance may be paid in full at any time during the ten - year period, with interest pro -rated to the month of payment. Property ownershall be deemed to accept this plan unless he /she filed the payment plan with the City Clerk's Office. (Applies to assessments in excess of $500.00.) 4. FIFTEEN ANNUAL INSTALLMENT PAYMENTS ON PROPERTY TAX BILL (ASSESSMENT MUST BE IN EXCESS OF $1,000.00) Selection of this plan must be made by signing the enclosed payment choice form and returning it to the City Clerk's Office by AUGUST 1, 2011. The amount of the assessment will be placed on the property tax bill with interest at 6% of the unpaid balance per year over the fifteen- (15) year period. The annual assessment payment and interest will be included in the total tax bill payment. The assessment balance may be paid in full at any time during the fifteen -year period, with interest pro -rated to the month of payment. (Applies to assessments in excess of $1,000.00.) PUBLISHED: 7/2/2011 CITY OF OSHKOSH PAMELA R. UBRIG CITY CLERK C*4 Lj- 0 w d- a -C (nz LL 00 " $ 1 7 in 51 00 4) = z < U- R 0 C , 0 Z C) z 5 L) z a U o � CL cr Q 0 V) *3AV Hi L A '3AV Hit L '3 .0'W O-OCL r 2o� o Mg c '3AV Hig L A *3AV R19 L Of O O cn 0 z z LLJ LU LU Ix LL I 0 kk 0 0 0 LLJ ) / u Z LLJ LLJ LA. 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Z< LU of § m M m i m 0 .1 C ' > i cl)l m i m i M : M ; Cl) F- z LU -i LU z '6 w i cc; i Cii 6 i cp 0 b w LL 10 ID. coi cn LU 11 w z U) 0 L) k F- z 0 z i o co U)i �-i 01 5 » i cr < i 1 Z >i Lui ol � i i i I § w i & Lui Z i CD xi \: i < i ni oi < I > W-. < < I P zi LUI - 'I < Ml oi E 1 z LU I _I ol :]: LU: W: 3:1 » Lui <1 x i LLJ! E 0 t -1 LL i U)i i Lu � <i M� z! LU: (n W, U. $ mi u: cal l i = i F- zy z Lu U) U. 0. Lui a <! <1 0 : WE 0i Oj ;�l oi & 0: Uji F-I Z. 3: 0 ■ & O < Lul <' oi < M: W� < L11 L) LL < LU mi Lu� m Lij x a < 0 U) LL,! >1 Lu LU > u): u): W < Z I <1 Z! U): Cf) li (1) / Lu Lul Lui Lu� LIji 0! <! i Lu LU; LZL, w o Lu mi i Mi mi Mi m Lu. F- 2 r-i ol O)i M! r-p i ol 0 i C c ' ! c z ;Z; Z LU `< LU ■ Lu LU (1 1 ci oi 0 cn W C , 0 01 a. C?b $ LU c6. 0�: ID. 16 < < \ \ \ \ \ \ k � ;z Cl) U) CITY HALL 215 Church Avenue P.O. Box 1130 Oshkosh, Wisconsin 54903 -1130 City of Oshkosh — O.IHKOIH To: City Manager and Members of the Common Council From: Peggy A Steeno, Director of Finance Date: July 12, 2011 RE: Bills and payrolls presented for approval The items below are being presented for approval by the Council. These items have been properly audited and certified to by the City Comptroller and are herewith submitted for your allowance in the amount of $6,676,964.32 Bills paid July 1 and July 8, 2011 $3,138,098.65 Payroll paid July 7, 2011 $2,326,097.28 Regular cycle payables paid throughout the month: J P MorganChase (Bank One) - Purchasing Card $59,421.78 Associated Bank - State Withholding payroll 14 $73,702.79 Associated Bank - FICA /Fed Tax payroll 14 $301,107.23 Health Payment Systems - June 2011 $417,408.37 Associated Bank Merchant - Fees June 2011 $17.90 Prairie States - Claims June 2011 $351,974.12 WI Retirement System - Fire May 2011 $3,338.71 WI Retirement System - Police May 2011 $4,554.09 WI Department of Revenue - Garnishment $440.03 Logan King - to correct pay $265.97 Courtney Schuster - to correct pay $251.09 Matthew Boyce - to correct pay $286.31 $6,676,964.32 Re ectfully submitted, Peggy teen Director of Finance User:louiseb City of Oshkosh DATE 07/01/11 Accounts Payable Summary Check Register from History TIME 8:51 AM 166290 Thru 166425 Vendor # Vendor /Payee Check # Date Amount -- - - - - -- ------------------------ - - - - -- ---- - - - - -- -- - - - - -- ------- - - - - -- 10368 4 IMPRINT 1198 4X CONCRETE INC 9032 A A A SANITATION INC 14 ACCU COM INC 637 AECOM INC 638 AECOM INC 12060 J F AHERN CO 14795 AIRGAS NORTH CENTRAL 43 AMERICAN WATER WORKS ASSOC 12652 BRANDON ANSELL (OPD) 19603 ROBERTO ARRIAGA 11286 AURORA MEDICAL GROUP 17946 AUTOSMART LOGISTICS INC 4494 AVAYA INC 60 BADGER HIGHWAYS CO INC 61 BADGER LAB & ENGINEERNG CO INC 83 BELSON CO 19505 ALFRED BENESCH & COMPANY 19500 BEST SYSTEMS LLC 453 DAN V BINDER CONSTRUCTION INC 19604 BIRSCHBACH & ASSOCIATES LTD 1355 BOELTER COMPANIES 14255 RYAN BOERNER (OPD) 5856 JUDY BREWER (SENIOR CENTER) 113 BRUCE MUNICIPAL EQUIPMENT INC 1214 C S U S FOUNDATION INC 166290 07/01/11 1,536.69 166291 07/01/11 5,207.00 166292 07/01/11 138.00 166293 07/01/11 53.39 166294 07/01/11 197,500.28 166295 07/01/11 9,877.67 166296 07/01/11 102,172.50 166297 07/01/11 1,375.69 166298 07/01/11 520.00 166299 07/01/11 62.52 166300 07/01/11 10.00 166301 07/01/11 4,199.00 166302 07/01/11 1,320.00 166303 07/01/11 1,835.27 166304 07/01/11 4,685.41 166305 07/01/11 1,057.00 166306 07/01/11 661.80 166307 07/01/11 5,914.84 166308 07/01/11 2,842.00 166309 07/01/11 4,462.00 166310 07/01/11 100.00 166311 07/01/11 1,182.55 166312 07/01/11 28.74 166313 07/01/11 17.34 166314 07/01/11 464.91 166315 07/01/11 70.00 APR138 PAGE 1 PERIOD. 1106 User:louiseb City of Oshkosh APR138 DATE 07/01/11 Accounts Payable Summary Check Register from History PAGE 2 TIME 8:51 AM 166290 Thru 166425 PERIOD. 1106 Vendor # -- - - - - -- Vendor /Payee ------------------------ - - - - -- ---- Check # - - - - -- Date -- - - - - -- ------- Amount - - - - -- 17749 THE CAMPUS SPECIAL LLC 166316 07/01/11 300.00 19534 JFNEW 166317 07/01/11 1,801.00 137 HAROLD CARPENTER INC 166318 07/01/11 296.40 12064 COMPUTER TECHNOLOGIES WI INC 166319 07/01/11 8,874.00 14180 COUNTY MATERIALS CORP 166320 07/01/11 198.00 19612 CRL SERVICES LLC 166321 07/01/11 459,679.00 19605 BLAKE DAVIES 166322 07/01/11 18.00 13387 DHD TREE PRODUCTS INC 166323 07/01/11 654.00 8890 DIAMOND BUSINESS GRAPHICS INC 166324 07/01/11 471.45 13051 DIGICORPORATION 166325 07/01/11 31.64 12309 DIVERSIFIED BENEFIT SVCS INC 166326 07/01/11 958.48 3047 ENVIRONMENTAL HAZARDS SERV LLC 166327 07/01/11 130.00 4520 ENVIROTECH EQUIP CO LLC 166328 07/01/11 252.21 6493 FIRE APPARATUS & EQUIPMENT INC 166329 07/01/11 910.70 249 FOX VALLEY TECH COLLEGE 166330 07/01/11 3,815.00 281 G & K SERVICES 166331 07/01/11 503.48 284 GARTMAN MECHANICAL SRVCS INC 166332 07/01/11 4,890.00 9968 GENERAL BEER NORTHEAST INC 166333 07/01/11 364.55 292 GENERAL CHEMICAL PERF PROD LLC 166334 07/01/11 10,971.90 19602 THOMAS GERTH 166335 07/01/11 250.00 3334 GREMMER & ASSOCIATES INC 166336 07/01/11 2,736.85 1921 GROUND EFFECTS OF WI INC 166337 07/01/11 5,665.25 323 D R HANSEN PLUMBING 166338 07/01/11 2,500.00 19606 LYN HARDEN 166339 07/01/11 35.00 14188 MATTHEW HARRIS (OPD) 166340 07/01/11 59.30 258 HAWKINS INC 166341 07/01/11 7,985.13 User:louiseb City of Oshkosh DATE 07/01/11 Accounts Payable Summary Check Register from History TIME 8:51 AM 166290 Thru 166425 Vendor # -- - - - - -- Vendor /Payee ------------------------ - - - - -- ---- Check # - - - - -- Date -- - - - - -- ------- Amount - - - - -- 12529 HOLIDAY WHOLESALE 166342 07/01/11 696.37 19587 JACK HOLLAND 166343 07/01/11 135.00 330 HORST DISTRIBUTING INC 166344 07/01/11 770.11 334 HRNAKS FLOWERLAND INC 166345 07/01/11 6,521.65 19598 HYCLEAN 166346 07/01/11 262.50 336 HYDRITE CHEMICAL CO 166347 07/01/11 3,540.00 345 IMAGE 360 (IMAGE PROS) 166348 07/01/11 35.88 11800 INDUSTRIAL MARKETING 166349 07/01/11 68.92 10534 INTAB INC 166350 07/01/11 42.74 2008 INTOXIMETERS INC 166351 07/01/11 307.50 371 JET STREAM CAR WASH INC 166352 07/01/11 7.99 2634 JJR LLC 166353 07/01/11 435.00 18606 JOLLY BOB'S 166354 07/01/11 51.50 17477 RACHEL KAYE (0 P D) 166355 07/01/11 6.62 18442 KEIL ENTERPRISES 166356 07/01/11 195.00 385 KITZ & PFEIL INC 166357 07/01/11 14.39 19611 JIM KLEPPIN 166358 07/01/11 25.00 19607 STEPHEN /DEBRA L KOSMER 166359 07/01/11 981.27 410 LAWSON PRODUCTS INC 166360 07/01/11 519.98 9435 LEE BEVERAGE 166361 07/01/11 487.60 1750 LEVENHAGEN OIL CORPORATION 166362 07/01/11 53,534.46 9601 M & I MARSHALL & ILSLEY BANK 166363 07/01/11 645.00 14205 KATHERINE J MANN (OPD) 166364 07/01/11 38.00 10184 JENNIFER MCCOLLIAN (PARKS) 166365 07/01/11 25.00 2009 MILLER - BRADFORD & RISBERG INC 166366 07/01/11 780.23 17824 AMBER NICHOLS 166367 07/01/11 135.00 APR138 PAGE 3 PERIOD. 1106 User:louiseb City of Oshkosh DATE 07/01/11 Accounts Payable Summary Check Register from History TIME 8:51 AM 166290 Thru 166425 Vendor # -- - - - - -- Vendor /Payee ------------------------ - - - - -- ---- Check # - - - - -- Date -- - - - - -- ------- Amount - - - - -- 15313 JOE NICHOLS (OPD) 166368 07/01/11 14.25 17623 SARA NICHOLS 166369 07/01/11 135.00 6416 BRIAN NOE (INSPECTIONS) 166370 07/01/11 57.96 515 NORTHEAST ASPHALT INC 166371 07/01/11 16,770.75 1715 NORTHERN BALANCE & SCALE INC 166372 07/01/11 102.00 521 0 A E D C 166373 07/01/11 3,376.66 3604 OMNNI ASSOCIATES INC 166374 07/01/11 630.00 280 OSHKOSH AREA HUMANE SOCIETY 166375 07/01/11 692.00 538 CITY OF OSHKOSH 166376 07/01/11 27,548.90 538 CITY OF OSHKOSH 166377 07/01/11 581.74 541 OSHKOSH CONVENTION AND 166378 07/01/11 150.00 565 OTIS ELEVATOR COMPANY 166379 07/01/11 1,098.89 13077 PASTPERFECT SOFTWARE INC 166380 07/01/11 424.00 19608 PEAK TO PLATE BUILDERS LLC 166381 07/01/11 7.00 19582 PENDELTON TURF SUPPLY 166382 07/01/11 152.50 4517 PEPSI COLA GENERAL DOTTING INC 166383 07/01/11 1,567.07 598 PUBLIC SERVICE COMMISSION OFWI 166384 07/01/11 253.25 18373 DAN RADDATZ 166385 07/01/11 117.00 610 RADTKE CONTRACTORS INC 166386 07/01/11 766,559.28 3534 RECREONICS INC 166387 07/01/11 612.19 3934 REEVES CONSTRUCTION LLC 166388 07/01/11 2,340.00 618 REINDERS INC 166389 07/01/11 38,790.60 7277 REINHART FOOD SERVICE LLC 166390 07/01/11 143.18 19492 RETTLER CORPORATION 166391 07/01/11 5,737.50 5194 RIVER VALLEY TESTING CORP 166392 07/01/11 4,749.70 632 ROGAN'S SHOES 166393 07/01/11 892.91 APR138 PAGE 4 PERIOD. 1106 User:louiseb City of Oshkosh DATE 07/01/11 Accounts Payable Summary Check Register from History TIME 8:51 AM 166290 Thru 166425 Vendor # -- - - - - -- Vendor /Payee ------------------------ - - - - -- ---- Check # - - - - -- Date -- - - - - -- ------- Amount - - - - -- 14121 ROLAND MACHINERY CO 166394 07/01/11 1,062.44 13626 ROLYAN BUOYS 166395 07/01/11 2,336.00 3464 ROTO ROOTER 166396 07/01/11 130.00 2352 MARK SCHAFHAUSER (OPD) 166397 07/01/11 33.32 15013 SEED SOLUTIONS 166398 07/01/11 1,140.00 14629 SIGNMAKERS 166399 07/01/11 281.75 7580 SILVER CREEK SPEC MEATS INC 166400 07/01/11 207.60 686 STATE INDUSTRIAL PRODUCTS 166401 07/01/11 239.90 695 STREICHER'S 166402 07/01/11 155.00 13029 STUART'S LDSCPG &GARDEN CTR INC 166403 07/01/11 575.71 3537 SUBURBAN ELECTRICAL ENGINEERS 166404 07/01/11 96.00 12599 TDS METROCOM 166405 07/01/11 22.27 933 CYNTHIA J THALDORF (OPD) 166406 07/01/11 44.25 19591 MACKENZIE TICE 166407 07/01/11 135.00 16889 TRUSTOP SECURITY LLC 166408 07/01/11 240.00 1936 UNDERWRITERS LABORATORIES INC 166409 07/01/11 265.50 734 UNITED PARCEL SERVICE 166410 07/01/11 122.76 13928 VALLEY SAFETY SRVCS ASSOC INC 166411 07/01/11 39.00 15443 VALLEY SURVEYING INSTRUMENTS 166412 07/01/11 33.03 12394 TOM VAN HANDEL CORP 166413 07/01/11 44,580.00 762 VERMEER - WISCONSIN INC 166414 07/01/11 66.10 11777 W & L INSULATION ROOFING INC 166415 07/01/11 415.00 1772 2011 WDOA CONFERENCE 166416 07/01/11 350.00 777 WALMART COMMUNITY /GEMB 166417 07/01/11 97.23 1898 WI PARK & REC ASSN 166418 07/01/11 90.00 811 WI PUBLIC SERVICE CORP 166419 07/01/11 12,400.48 APR138 PAGE 5 PERIOD. 1106 User:louiseb City of Oshkosh DATE 07/01/11 Accounts Payable Summary Check Register from History TIME 8:51 AM 166290 Thru 166425 Vendor # -- - - - - -- Vendor /Payee Check # ------------------------ - - - - -- ---- - - - - -- Date -- - - - - -- ------- Amount - - - - -- 2022 WI STATE LABORATORY OF HYGIENE 166420 07/01/11 20.00 15061 DORRY WILNER (OPD) 166421 07/01/11 93.10 4913 WINNEBAGO B2B LLC 166422 07/01/11 240.00 794 WINNEBAGO COUNTY TREASURER 166423 07/01/11 473.50 7560 WISCONSIN DISTRIBUTORS LLC 166424 07/01/11 658.30 19613 RANDY ZWIEG 166425 07/01/11 75.00 APR136 PAGE 6 PERIOD. 1106 TOTAL OF ALL CHECKS $1,872,131.22 User:louiseb City of Oshkosh DATE 07/08/11 Accounts Payable Summary Check Register from History TIME 10:21 AM 166426 Thru 166562 Vendor # -- - - - - -- Vendor /Payee ------------------------ - - - - -- ---- Check # - - - - -- Date -- - - - - -- ------- Amount - - - - -- 18465 4 CORNERS MAPS 166426 07/08/11 233.00 1198 4X CONCRETE INC 166427 07/08/11 1,264.00 16588 ADVANCED ASBESTOS REMOVAL INC 166428 07/08/11 400.00 637 AECOM INC 166429 07/08/11 10,363.40 14795 AIRGAS NORTH CENTRAL 166430 07/08/11 1,579.60 8754 LUKE ALGER (ASSESSORS) 166431 07/08/11 92.82 14978 ALRO STEEL CORPORATION 166432 07/08/11 539.12 7694 AMERICAN OVERHEAD DOOR CO INC 166433 07/08/11 378.00 43 AMERICAN WATER WORKS ASSOC 166434 07/06/11 182.00 44 AT & T 166435 07/08/11 107.98 11286 AURORA HEALTH CARE 166436 07/08/11 34.26 17946 AUTOSMART LOGISTICS INC 166437 07/08/11 3,927.00 60 BADGER HIGHWAYS CO INC 166438 07/08/11 5,968.59 14676 SARA BARNDT (SENIOR CENTER) 166439 07/08/11 32.23 1696 CARYN BEHLMAN (ASSESSORS) 166440 07/08/11 181.05 83 BELSON CO 166441 07/08/11 3,600.88 7480 KEVIN BENNER (INSPECTIONS) 166442 07/08/11 226.95 13812 DEANA BRANDL (OPD) 166443 07/08/11 92.54 5856 JUDY BREWER (SENIOR CENTER) 166444 07/08/11 14.79 6960 MICHAEL BREZA (MUSEUM) 166445 07/08/11 38.85 15524 BRIGHT STAR ELEC SERV LLC 166446 07/08/11 3,249.00 113 BRUCE MUNICIPAL EQUIPMENT INC 166447 07/08/11 914.94 4555 MARY K BURNS (HEALTH DEPT) 166448 07/08/11 5.10 3406 BUTEYN - PETERSON CONST CO INC 166449 07/08/11 5,540.11 19616 JACKLYN BUTLER 166450 07/08/11 10.00 13607 MOLLY BUTZ (SENIOR CENTER) 166451 07/08/11 35.70 APR138 PAGE 1 PERIOD. 1106 User:louiseb City of Oshkosh APR138 DATE 07/08/11 Accounts Payable Summary Check Register from History PAGE 2 TIME 10:21 AM 166426 Thru 166562 PERIOD. 1106 Vendor # -- - - - - -- Vendor /Payee ------------------------ - - - - -- ---- Check # - - - - -- Date -- - - - - -- ------- Amount - - - - -- 135 CAREW CONCRETE & SUPPLY INC 166452 07/08/11 2,578.78 137 HAROLD CARPENTER INC 166453 07/08/11 601.65 11571 CARRICO AQUATIC RESOURCES INC 166454 07/08/11 4,675.00 6482 CENTER FOR APPLIED RESEARCH 166455 07/08/11 568.75 7245 CENTRAL CLEANING SERVICE 166456 07/08/11 1,966.75 16097 CH2M HILL INC 166457 07/08/11 16,800.00 19236 MATT CHRISTENSEN (OPD) 166458 07/08/11 21.40 9398 SCOTT CROSS (MUSEUM) 166459 07/08/11 12.49 15365 DE GROOT INC 166460 07/08/11 197,571.18 18468 DE LAGE LANDEN FINANCIAL SRVCS 166461 07/08/11 149.45 10483 DECLEENE TRUCK REPAIR & REFRIG 166462 07/08/11 472.80 13387 DHD TREE PRODUCTS INC 166463 07/08/11 8,454.88 13051 DIGICORPORATION 166464 07/08/11 31.64 7112 DRIESSEN CARPENTRY 166465 07/08/11 6,303.82 14220 EMSAR INC 166466 07/08/11 368.92 250 FABCO EQUIPMENT INC 166467 07/08/11 480.21 6370 FISCHER -ULMAN CONSTRUCTION INC 166468 07/08/11 40,394.58 838 FRANKS RADIO SERVICE INC 166469 07/08/11 326.34 874 TIMOTHY R FRANZ (OFD) 166470 07/08/11 140.00 281 G & K SERVICES 166471 07/08/11 283.77 5860 GANNETT WISCONSIN MEDIA 166472 07/08/11 5,592.26 12481 GE CHEMICAL CO 166473 07/08/11 74.60 2342 GERBER LEISURE PRODUCTS INC 166474 07/08/11 330.00 3092 CHRISTOPHER GORTE (OPD) 166475 07/08/11 38.97 305 GRAINGER 166476 07/08/11 1,215.90 19130 GREEN BAY POLICE DEPARTMENT 166477 07/08/11 100.00 User:louiseb City of Oshkosh APR138 DATE 07/08/11 Accounts Payable Summary Check Register from History PAGE 3 TIME 10:21 AM 166426 Thru 166562 PERIOD. 1106 Vendor # -- - - - - -- Vendor /Payee ------------------------ - - - - -- ---- Check # - - - - -- Date -- - - - - -- ------- Amount - - - - -- 15852 JENNIFER GREENINGER (PERSONNEL 166478 07/08/11 106.82 14891 KENNETH L GRESSER (PLANNING) 166479 07/06/11 80.07 1921 GROUND EFFECTS OF WI INC 166480 07/08/11 1,453.00 14188 MATTHEW HARRIS (OPD) 166481 07/08/11 29.98 13286 HD SUPPLY WATERWORKS LTD 166482 07/08/11 22,332.00 17641 HENES & HENES LTD 166483 07/06/11 843.15 12529 HOLIDAY WHOLESALE 166484 07/08/11 1,610.78 338 HYDROTEX INC 166485 07/08/11 2,212.84 10534 INTAB INC 166486 07/08/11 62.95 16292 INTEGRATED DOCUMENT & LABEL 166487 07/08/11 1,445.00 10118 JIM'S GOLF CARS INC 166488 07/08/11 168.99 3815 JEFF JUNGWIRTH (INFO TECH) 166489 07/08/11 43.04 17498 JX ENTERPRISES INC 166490 07/08/11 3,139.72 11250 K & C PEST CONTROL LLC 166491 07/08/11 585.00 15360 A. KALMERTON WELDING SUPPLIES 166492 07/06/11 30.85 3203 KIN LLC 166493 07/08/11 265.00 385 KITZ & PFEIL INC 166494 07/08/11 15.27 19618 DONALD KNOBLAUCH 166495 07/08/11 65.03 6415 NICOLE KRAHN (INSPECTIONS) 166496 07/08/11 131.07 3619 ADAM KRAUSE (INSPECTIONS) 166497 07/08/11 215.22 19621 LAURIE LAATSCH (WWTP) 166498 07/08/11 85.17 952 LAIB RESTORATION INC 166499 07/08/11 1,477.44 5657 LALONDE CONTRACTORS INC 166500 07/08/11 527,618.10 19564 NATHAN LITTLEFIELD (INSPECTION 166501 07/08/11 272.34 10407 MAGIC AIR INC 166502 07/08/11 81.00 12471 KATRINA MALSON (ASSESSORS) 166503 07/08/11 98.94 User:louiseb City of Oshkosh DATE 07/08/11 Accounts Payable Summary Check Register from History TIME 10:21 AM 166426 Thru 166562 Vendor # -- - - - - -- Vendor /Payee ------------------------ - - - - -- ---- Check # - - - - -- Date -- - - - - -- ------- Amount - - - - -- 16642 MARTIN SECURITY SYSTEMS 166504 07/08/11 150.00 17273 MCMAHON ASSOCIATES INC 166505 07/08/11 1,033.25 6198 MIRON CONSTRUCTION CO INC 166506 07/08/11 18,000.00 486 MODERN BUSINESS MACHINES 166507 07/08/11 857.59 15214 TODD MUEHRER (COMM DEV) 166508 07/08/11 45.39 9048 ANTHONY L NEUMANN (IT) 166509 07/08/11 14.18 17824 AMBER NICHOLS 166510 07/08/11 135.00 17823 SARA NICHOLS 166511 07/08/11 135.00 3604 OMNNI ASSOCIATES INC 166512 07/08/11 6,405.21 538 CITY OF OSHKOSH 166513 07/08/11 1,098.50 1625 OSHKOSH LANES 166514 07/08/11 73.00 9402 OSHKOSH LUMBER INC 166515 07/08/11 9.20 10183 OSHKOSH RECREATION DEPARTMENT 166516 07/08/11 202.59 561 OSHKOSH TROPHY 166517 07/08/11 10.70 14847 OSHKOSH VENDING LLC 166518 07/08/11 220.40 565 OTIS ELEVATOR COMPANY 166519 07/08/11 2,820.00 567 PACKER CITY INTERNATIONAL 166520 07/08/11 239,490.00 1045 CHARLES PASKEY (ASSESSOR'S) 166521 07/08/11 9.69 16949 JACI PAULICK (PARKS) 166522 07/08/11 15.81 4517 PEPSI COLA GENERAL BOTTLNG INC 166523 07/08/11 2,138.44 911 RANDOLPH R PETERSON (ENGINEER) 166524 07/08/11 5.61 18564 PLYMOUTH LUBRICANTS 166525 07/08/11 1,683.15 1607 POESCHL PRINTING COMPANY INC 166526 07/08/11 662.00 4561 ANDREW J PRICKETT (INSPECTIONS 166527 07/08/11 184.62 19610 QUARRYSTONE LLC 166528 07/08/11 1,865.00 618 REINDERS INC 166529 07/08/11 488.94 APR138 PAGE 4 PERIOD. 1106 User:louiseb City of Oshkosh DATE 07/08/11 Accounts Payable Summary Check Register from History TIME 10:21 AM 166426 Thru 166562 Vendor # -- - - - - -- Vendor /Payee ------------------------ - - - - -- ---- Check # - - - - -- Date -- - - - - -- ------- Amount - - - - -- 619 G REINKE & COMPANY 166530 07/08/11 720.00 19566 REBECCA RIEMER (PLANNING) 166531 07/08/11 27.74 19620 STEPHEN ROTHE 166532 07/08/11 10.00 12410 ROWELL CHEMICAL CORPORATION 166533 07/08/11 2,449.77 2404 T RUCK ELECTRIC INC 166534 07/08/11 73.00 10817 LAURA SCHOEPKE (INFO TECH) 166535 07/08/11 12.70 10438 SEILER INSTRUMENT & MFG CO INC 166536 07/08/11 330.75 19523 AMY STACK (HEALTH DEPT) 166537 07/08/11 20.91 683 STANNARD LAUNDERERS & DRYCLEAN 166538 07/08/11 2,218.90 686 STATE INDUSTRIAL PRODUCTS 166539 07/08/11 747.51 689 STEEN -MACEK PAPER CO 166540 07/08/11 921.11 691 STEINERT PRINTING CO INC 166541 07/08/11 331.00 694 STRAND ASSOCIATES INC 166542 07/08/11 49,444.36 16687 CHRISTOPHER STRONG (TRANSIT) 166543 07/08/11 289.31 923 JAYNE M TEBON (HEALTH DEPT) 166544 07/08/11 70.21 13894 THEDACARE 166545 07/08/11 623.00 19591 MACKENZIE TICE 166546 07/08/11 135.00 18846 TONEHEIRS ENTERPRISES INC 166547 07/08/11 80.00 142 U S CELLULAR 166548 07/08/11 4,549.40 1936 UNDERWRITERS LABORATORIES INC 166549 07/08/11 864.00 16817 CHEE VANG (OPD) 166550 07/08/11 55.27 597 VEOLIA ES SOLID WASTE MIDWEST 166551 07/08/11 575.52 10417 VETERINARY CLINICS BERLIN -RIPN 166552 07/08/11 300.00 19423 TIFFANY VINCENT 166553 07/08/11 265.00 770 VULCAN CONSTRUCTION MATERIALS 166554 07/08/11 914.21 19617 PAIGE WEIGANDT 166555 07/08/11 10.00 APR138 PAGE 5 PERIOD. 1106 User:louiseb City of Oshkosh APR138 DATE 07/08/11 Accounts Payable Summary Check Register from History PAGE 6 TIME 10:21 AM 166426 Thru 166562 PERIOD. 1106 Vendor # -- - - - - -- Vendor /Payee Check # ------------------------ - - - - -- ---- - - - - -- Date -- - - - - -- ------- Amount - - - - -- 1860 TRISH WENDORF (PARKS) 166556 07/08/11 65.00 787 WERNER ELECTRIC SUPPLY CO 166557 07/08/11 13,329.35 183 WI CORRECTIONAL CENTER SYSTEMS 166558 07/08/11 1,896.00 811 WI PUBLIC SERVICE CORP 166559 07/08/11 12,577.13 7003 WIRE TECHNOLOGIES INC 166560 07/08/11 417.00 12379 JOHN ZARATE (INSPECTIONS) 166561 07/08/11 86.19 19622 WAYNE ZWIEG 166562 07/08/11 750.00 TOTAL OF ALL CHECKS $1,265,967.43 PROCEEDINGS OF THE COMMON COUNCIL CITY OF OSHKOSH, WISCONSIN O.IHKOIH ON THE WATER REGULAR MEETING held Tuesday, June 28, 2011, at 6:00 p.m. in the Council Chambers, City Hall. Mayor Tower presided. PRESENT: Council Members Tom Pech, Jr., Steve Cummings, Steven Herman, Deb Allison - Aasby, Bob Poeschl and Mayor Burk Tower ALSO PRESENT: Mark Rohloff, City Manager; Pamela Ubrig, City Clerk; Lynn Lorenson, City Attorney; and Dave Patek, Director of Public Works Mayor Tower asked for a moment of silence to remember Bill VanLieshout, a role model and mentor in the community, who recently passed away. Council Member Pech read the Invocation The Pledge of Allegiance was led by Council Member Pech CITIZEN STATEMENTS Patricia Diener, 1316 Broad Street, would like improvements to the rental facilities in South Park. CONSENT AGENDA Approval of Bills presented by the Finance Director. Receipt and filing of Common Council Minutes from June 14, 2011. Resolution 11 -271 Rescind Resolution 11 -255 and Award Bid to CH Koch Plumbing and Heating for EECBG Water Conservation / Plumbing Improvements for City Hall and the Safety Building ($27,090.00) Resolution 11 -272 Award Bid to Munson, Inc., for 44 Parallel Park Tennis Court Reconstruction in the amount of $62,340.00 Council Member Pech questioned if the tennis courts were going to be reconstructed similar to the tennis courts at Oshkosh North High School. Ray Maurer, Parks Director, explained the tennis courts would be completely reconstructed which included milling, expansion of the width, fencing, and new nets. 1 PROCEEDINGS OF THE COMMON COUNCIL — JUNE 28, 2011 Council Member Herman asked where the 44 Parallel tennis courts were located. Mr. Maurer stated the 44 Parallel tennis courts were located on the west side of the City at Allerton Park. Resolution 11 -273 Approve Proposal from New Cell, Inc., (Cellcom) for Cellular Phone Service in the amount of $74,000 (estimated over 2 -year contract) Resolution 11 -274 Waive Bids and Contract for Repair of Clarifiers for Wastewater Treatment Plant for Public Works in the amount of $301,844.80 Mayor Tower questioned why City staff waived the bids for a project of considerable cost. Steve Brand, Superintendent of Utilities, explained his department decided to look for quotes as the clarifiers were thirty year old specialty pieces of equipment and not of standard construction. He stated there were not any local contractors who could rebuild the clarifiers so he chose a company who had servicemen that were familiar with the original manufacturer's specifications. Council Member Herman questioned how long the rebuilt clarifiers would last. Mr. Brand replied the rebuilt clarifiers would last another thirty plus years. Resolution 11 -275 Approve Initial Resolution for Special Assessments / Grade - Gravel, Asphalt Paving, Sidewalk, Driveway, and Utilities — Hazel Street (Melvin Avenue to New York Avenue) and Alley West of Main Street (14 Avenue to 15 Avenue) Council Member Cummings asked if work of this nature had recently been completed on Hazel Street. Mr. Patek explained previously there was a sanitary sewer project completed on Hazel Street which was an interceptor on the east side of the street. He stated proposed project would be a local sanitary sewer on the west side of Hazel Street. Resolution 11 -276 Approve Initial Resolution for Special Assessments /Sanitary Sewer Laterals — Merritt Avenue (Bowen Street to Hazel Street) and Grove Street (Nevada Avenue to Bent Avenue) Resolution 11 -277 Approve Amendment to Resolution No. 11 -251 / Initial Resolution for Special Assessments for Asphalt Paving, Curb - Gutter, Sidewalk, Driveway, and Utilities — High Avenue and Various Side Streets (Wisconsin Street to Congress Avenue) Resolution 11 -278 Approve Payments for TID #14 -Bella Vista 2 PROCEEDINGS OF THE COMMON COUNCIL — JUNE 28, 2011 Resolution 11 -279 Grant Utility Easement to Wisconsin Public Service Corporation within the Lakeshore Municipal Golf Course at 2175 Punhoqua Street near USH 41 & Rath Lane (Plan Commission Recommends Approval) Resolution 11 -280 Approval of Special Event — Most Blessed Sacrament Catholic Parish — to hold Most Blessed Sacrament "Parish Picnic" at 1333 Walnut Street (church property) / July 8, 9, & 10, 2011 Resolution 11 -281 Approval of Special Event — Oshkosh Jaycees — to utilize Leach Amphitheater for Brews N Blues / July 9, 2011 Resolution 11 -282 Approval of Special Event — Oshkosh Area Humane Society to hold Barking to the Beat 2 at 1925 Shelter Court and Parking Lot / July 23, 2011 Resolution 11 -283 Approval of Special Event — Advanced Maintenance Solutions, LLC and Classic Cycle, LLC to Utilize Winnebago County Park for Old Glory Ride to Honor and Veterans Celebration / July 30, 2011 Resolution 11 -284 Approval of Special Event — Winnebago County Fair Association Winnebago County Expo Site — 500 E. County Road Y for Winnebago County Fair/ August 2, 3, 4, 5, 6, and 7, 2011 Resolution 11 -285 Approval of Special Event — Lao Human Right Council, Inc. to Utilize Winnebago County Park for Lao Hmong National Summer Festival / September 2, 3, 4, and 5, 2011 Resolution 11 -286 Disallow Claim by Scott and Kristin Langkau (for alleged damages as a result of a sewer backup) Resolution 11 -287 Disallow Claim by Janice and Sean Adams (for alleged damages to her vehicle from being hit by an ambulance) Sean Adams, 1510 Bowen Street, explained his wife was stopped behind an ambulance on Washburn Street at the Witzel Avenue roundabout when the ambulance backed into her vehicle. She honked her horn but the ambulance continued to back into her. The ambulance then moved forward and proceeded through the roundabout heading east on Witzel Avenue. By the time Ms. Adams was able to navigate through the roundabouts the ambulance was gone so she pulled over and called the Oshkosh Police Department who filed a report. He indicated there were witnesses to the accident. Council Member Poeschl asked Mr. Adams if the City's insurance company talked to the witnesses. Mr. Adams stated the City's insurance company did not contact the witnesses. 3 PROCEEDINGS OF THE COMMON COUNCIL — JUNE 28, 2011 NOTE: Council Member Hall joined the meeting at 6:18 p.m. Council Member Herman questioned if the police report indicated who was at fault. Mr. Adams replied there was no indication on the police report of who was at fault. Council Member Poeschl asked Ms. Lorenson what the City expected from its insurance company with regard to contacting witnesses of a claim. Ms. Lorenson stated typically the insurance company would talk to individuals that were listed on a claim. She could not speak to whether the insurance company made contact with the witnesses of the Adams claim, however, she knew the insurance company had extensive conversation with the fire department and reviewed all of their records and information. Council Member Poeschl asked if the ambulance was tending to an emergency. Ms. Lorenson replied her understanding from the description in the claim was that the ambulance was not pursuing an emergency. Resolution 11 -288 Approve Special Class "B" Licenses, Taxi -Cab License, Secondhand Licenses and Operators Licenses MOTION: ADOPT CONSENT AGENDA EXCLUDING RESOLUTION 11 -287 (Pech; second, Herman) CARRIED: Ayes (7) Pech, Cummings, Herman, Hall, Allison - Aasby, Poeschl, Mayor Tower Resolution 11 -287 Disallow Claim by Janice and Sean Adams (for alleged damages to her vehicle from being hit by an ambulance) MOTION: LAYOVER FOR CLOSED SESSION ON JULY 13, 2011 AND COUNCIL ACTION ON JULY 25, 2011 (Pech; second, Cummings) CARRIED: Ayes (7) Pech, Cummings, Herman, Hall, Allison - Aasby, Poeschl, Mayor Tower Council Member Herman did not believe the claim was thoroughly investigated. Mr. Rohloff felt there were some true issues of fact as Mr. Adams was not present at the accident. He suggested Council lay the resolution over to the next meeting to give them time to review the claim with City staff. 4 PROCEEDINGS OF THE COMMON COUNCIL — JUNE 28, 2011 ACTION TAKEN ON ORDINANCES & RESOLUTIONS Ordinance 11 -289 Approve Change of July 12, 2011 Council Meeting (due to the July Recall Primary Election) MOTION: ADOPT (Cummings; second, Pech) CARRIED: Ayes (7) Poeschl, Pech, Cummings, Herman, Hall, Allison - Aasby, Mayor Tower Ordinance 11 -290 Approve Change of August 9, 2011 Council Meeting (due to August Recall Election) FIRST READING; LAID OVER UNDER THE RULES Ordinance 11 -291 Approval of through Street Designation for Waukau Avenue, Parking Regulations on Division Street and Sherman Road and Designation of a Pedestrian Hybrid Beacon on High Avenue FIRST READING; LAID OVER UNDER THE RULES Steve Arndt, 800 Algoma Boulevard, Director of Facilities at the University, explained with the addition of the new academic building there could be up to five hundred students crossing High Avenue each hour. He stated the pedestrian hybrid beacon was vital for the safety of students. Ordinance 11 -292 Approval of Parking Regulations for Carl Steiger Park Parking Lot FIRST READING; LAID OVER UNDER THE RULES Bernie Pitz, 617 W. Irving Avenue, wanted to know when the ordinance passed allowing twenty four hour parking in the Carl Steiger Park Parking Lot. Mr. Rohloff stated the twenty four hour parking regulation had always been in place; however the signage was recently added. Mr. Maurer explained his department worked with the police department and the City attorney's office to review the current ordinance and found there were a number of parking lots in the City that allowed for twenty four hour parking. The Carl Steiger Park Parking Lot was among those parking lots as it abutted the 24 hour Wiowash Trail. Resolution 11 -293 Approval of Annual City Licenses (Renewals) MOTION: ADOPT (Cummings; second, Allison - Aasby) ADOPT: Ayes (7) Pech, Cummings, Herman, Hall, Allison - Aasby, Poeschl, Mayor Tower 5 PROCEEDINGS OF THE COMMON COUNCIL — JUNE 28, 2011 COUNCIL DISCUSSION, DIRECTION TO CITY MANAGER & FUTURE AGENDA ITEMS A workshop on the Sustainability Plan would be held in August. Mr. Rohloff would like to schedule a joint workshop with the Town of Nekimi on August 17 Council Member Allison -Aasby requested a workshop on TIFs prior to budget meetings. A workshop on the Transit Development Plan was scheduled for July 13 Council Member Herman asked for a process that would enable the Council to track outstanding issues brought up in Common Council Meetings. Council Member Allison -Aasby congratulated the Miss Wisconsin organization on another successful pageant. Council Member Hall apologized for arriving late stating he attended a conference in Chicago during the day and drove directly to the Common Council Meeting. CITIZEN STATEMENTS Matt Hyde, 1514 E. Wisconsin Avenue, Appleton, Wisconsin was the owner of Atlas Taxi and wanted to know if his license was approved. Mayor Tower indicated the Mr. Hyde's taxi license was approved earlier in the meeting. Bernie Pitz, 617 W. Irving Avenue, expressed his displeasure of the construction vehicles used for the reconstruction of Elmwood Avenue using his street for entering and exiting the construction site. He was concerned his street would be ruined and he would be charged to have it redone. CITY MANAGER ANNOUNCEMENTS & STATEMENTS Mr. Rohloff stated the City would waive quotes for the purchase of a police department community service officer vehicle as the bids from the State were more beneficial. He explained the City hired CH2M Hill for engineering services for the control system upgrade at the wastewater treatment plant and for the improvement projects at the water filtration plant. Finally, AECOM was hired for engineering services relating to creating an environmental assessment document for National Guard Armory Area Stormwater Detention Basin. MOTION: ADJOURN (Cummings; second, Herman) CARRIED: VOICE VOTE The meeting recessed at 7:05 p.m. PAMELA R. UBRIG CITY CLERK 2 � "S 37 MIDWEST CLAIMS SERVICE 1700 OPDYKE COURT AUBURN HILLS MI 48326 800 - 225 -6561 248 - 377 -3100 FAX 248 - 371 -3091 CLAIMS ACKNOWLEDGEMENT Midwest Claims Service handles the claims for the League of Wisconsin Municipalities Mutual Insu INSURED CITY OF OSHKOSH SENT VIA EMAIL ATTN: ANGELA JOECKEL ATTN: KATHY FREDRICK DATE OF INCIDENT 05/19/2011 CLAIM NUMBER: 154538 TYPE OF LOSS SEWER BACKUP -NEY, SCOTT - SEWER DAMAGE TO BASEMENT AT 845 W. 19TH AVENUE. This will acknowledge receipt of the above mentioned claim. In the event you have any questions regarding this claim, please contact SHANNON FIKE at (800) 225 -6561 EXT 3099 EMAIL: sfike@midwestclaims.com JUN 2 4 2011 C ITY . e p,, ° ' N 7S �9 MIDWEST CLAIMS SERVICE 1700 OPDYKE COURT AUBURN HILLS MI 48326 800 - 225 -6561 248 - 371 -3100 FAX 248 - 371 -3091 CLAIMS ACKNOWLEDGEMENT DOL CORRECTION 4/812011 Midwest Claims Service handles the claims for the League of Wisconsin Municipalities Mutual Insurance INSURED CITY OF OSHKOSH SENT VIA EMAIL ATTN: ANGELA JOECKEL ATTN: KATHY FREDRICK DATE OF INCIDENT: 04/08/2011 CLAIM NUMBER 154541 TYPE OF LOSS SEWER BACKUP -NEY, SCOTT - SEWER DAMAGE TO BASEMENT AT 845 W. 19TH AVENUE. This will acknowledge receipt of the above mentioned claim. In the event you have any questions regarding this claim, please contact SHANNON FIKE at (800) 225 -6561 EXT 3099 EMAIL: sfike(cD-midwestclaims.com ` � 'N 2 4 '1011 `.fit JULY 13, 2011 11 -301 RESOLUTION (CARRIED LOST LAID OVER WITHDRAWN ) PURPOSE: RESCIND PROPERTY TAXES INITIATED BY: DEPARTMENT OF FINANCE WHEREAS, the following property taxes were assessed improperly, per Wisconsin State Statutes 74.33 (1) (d), and rescission of the tax due is appropriate: Diamond Auto Repair 1818 Algoma Boulevard Oshkosh, WI 54901 (ID #075250000) $2,363.83 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 rescind the sum of $2,363.83. BE IT FURTHER RESOLVED that the proper City Officials are authorized and directed to seek compensation from the other taxing entities per Wisconsin State Statutes 74.41. Funds for this purpose are appropriated from: Account No. 100- 0908 - 6469 -00000 — Tax Refund Account City of Oshkosh Finance Department 215 Church Ave., PO Box 1130 Oshkosh, WI 54903 -1130 OfHKOIH (920) 236 -5006 (920) 236 -5039 FAX ON THE WATER MEMORANDUM TO: Honorable Mayor and Members of the Common Council FROM: Peggy Steeno, Finance Director DATE: July 13, 2011 RE: Authorize Rescission of Personal Property Taxes BACKGROUND Per Wisconsin State Statutes, the removal of Property Taxes needs to be authorized by the Common Council. Statutes enumerate six specific conditions under which a rescission is appropriate / necessary. There is currently one property that has been incorrectly charged for the current tax year (2010), and two past years (2009 and 2008); therefore, the amount of taxes overcharged need to be rescinded. The Assessor's staff verified that the business in question was not operating in Oshkosh during the applicable time period. ANALYSIS Below are the details and reason that this item is being presented for rescission. In addition, the specific condition as outlined by State Statutes is included: Personal Property 075250000 / Diamond Auto Repair / 1818 Algoma Boulevard - $2,363.83 — (State Statute 74.33 (d) — This business was not located in the taxation district for which the tax roll was prepared) — This business was not operating in the City of Oshkosh during 2008, 2009, or 2010; however, the City was not notified. Therefore, our records were not correct. This has been verified by the Assessor's office and the correction has been made. FISCAL IMPACT The impact of the above rescission is short term only, since, in the year that the taxes are rescinded, the City notifies the Department of Revenue (DOR) of the rescissions, and the DOR adjusts the equalized value for the following year to account for the difference. These adjustments are built into the tax rate for all taxing authorities for the following year. RECOMMENDATION Staff recommends that Council authorize this resolution to rescind and refund the above noted taxes as outlined. Res ectfully Submitt d, G� Pe Steeno Finance Director Approved: ", I�Mklllrl Mark Rohloff City Manager JULY 13, 2011 11 -302 RESOLUTION (CARRIED LOST LAID OVER WITHDRAWN ) PURPOSE: APPROVE CONDITIONAL USE PERMIT FOR CONTINUED USE OF THE PLANNED DEVELOPMENT OF A LIMITED VENUE FESTIVAL SITE AT THE SOUTHWEST CORNER OF WASHBURN STREET AND RIPPLE AVENUE IN THE CITY OF OSHKOSH AND TOWN OF NEKIMI INITIATED BY: CITY ADMINISTRATION PLAN COMMISSION RECOMMENDATION: Approved BE IT RESOLVED by the Common Council of the City of Oshkosh that a conditional use permit for the continued planned development of a limited venue festival site at the southwest corner of Washburn Street and Ripple Avenue in the City of Oshkosh and Town of Nekimi is hereby approved with the following conditions: 1) Annual preparation of a "Traffic, Pedestrian Safety, Security, and Lighting Plan ", submittal of said plans to Oshkosh Chief of Police, and approval of said plans annually by the Police Department with said plans being subject to reasonable conditions of approval by the Police Department. a. Said plans shall at the option of the Police Department require improved shuttle access points and staging areas. 2) Annual preparation of a "Health Plan" and submittal to the City Health Division for review and approval. The Health Plan shall be similar in nature to the "Traffic, Pedestrian Safety, Security, and Lighting Plan ". The Health Plan shall be submitted annually to the City Health Division with said plans being subject to reasonable conditions of approval by the Health Division. 3) All plans shall be submitted sufficiently in advance so as to allow the respective agency to complete their review and approval no later than March 15 of each year. 4) The event organizer shall post a bond in an amount deemed sufficient by City staff to ensure compliance with the plans or enter into separate agreement with the City to compensate for public costs incurred. 5) Event grounds, including parking and camping areas, shall be monitored for effuse, and appropriate means of continual collection of refuse shall be noted in the Health Plan. The method and frequency of refuse disposal shall also be noted. July 13, 2011 11 -302 RESOLUTION CONTD 6) All mud and debris tracked from the subject property to City right -of -ways shall be removed within 24 hours of the end of the daily event. Failure to remove debris may result in the City performing the work and charging those costs back to the event organizer, property owner or both. 7) The approach /apron to the facility within the right -of -way is paved by 2012 no later than May 30th. Plans and specifications, as well as the extent of the paving, shall be approved by the Department of Public Works. 8) The City will re- review the terms and conditions of the conditional use permit as needed to ensure public safety. O.IHKOlH ON THE WATER TO: Honorable Mayor and Members of the Common Council FROM: Darryn Buric Director of Planning Services DATE: July 7, 2011 RE: Approve Conditional Use Permit for the Continued Use of the Planned Development of a Limited Venue Festival Site at the Southwest Corner of Washburn Street and Ripple Avenue in the City of Oshkosh and Town of Nekimi (Plan Commission recommends approval) BACKGROUND In 2006, the Country USA event was relocated from the County's Sunnyview Park Grounds on the northeast side of the City to the Ford Festival Park on the City's southwest side at the southwest corner of Ripple Road and S. Washburn Street. The property containing the festival grounds is comprised of approximately 270 acres of land owned by multiple owners and is located in both the City of Oshkosh and Town of Nekimi with the vast majority of the subject properties located within the Town. At the time the Conditional Use /Planned Development was granted, the Oshkosh Common Council placed a condition upon its approval requiring the CUP/PD be reviewed to determine if any additional conditions would be appropriate based on the experiences to date but not to revoke the CUP, which actually expires in 2016, when a new CUP will have to be granted to continue operations in the City's jurisdiction of the event. ANALYSIS The main intent of the review was to determine if any additional conditions are needed to improve the safety of the event but not to revoke the activity from occurring. Over the past five years, the use has been monitored and the City's Police Department and County Sheriff's Office have identified issues they feel need to be addressed such as no dedicated pedestrian facilities within the right -of -way; no barrier separating pedestrians from traffic; a lack of lighting within the right -of -way; speeds posted too high for conditions; and a lack of law enforcement presence on the public roadways. The overall operation of the use has been consistent with the Zoning Ordinance but to address the concerns of the Police and Sheriff's offices, several meetings were held between staff and the operator of the festival and an agreement was reached to implement a safety improvement plan including providing lighting on S. Washburn Street along the frontage of the festival grounds, reducing speeds during events, utilization of temporary message boards, enhanced law enforcement presence, and paving the approach/apron to the facility by 2012. Physical improvements to the Washburn Street right -of -way are impractical ahead of a full reconstruction of the road and the recommended conditions generally relate to interim safety concerns with costs to be reimbursed by the property owner and event organizer. This item was laid over from the Plan Commission meeting of June 21, 2011 to provide an opportunity to review the additional safety measures that were implemented for the event and determine whether they were sufficient. There were no vehicular /pedestrian incidents on Washburn Street even though satellite parking lots were at capacity due to weather conditions. The safety measures implemented appeared to be successful however additional temporary lights would further enhance safety on Washburn Street and a temporary visual barrier utilizing orange traffic barrels was suggested to more clearly define the pedestrian and vehicle traffic lanes. Shuttle access and a turnaround on the grounds would also enhance safety issues. Staff is recommending approval of an annual "Traffic, Pedestrian Safety, Security, and Lighting Plan" as well as a "Health Plan" to be submitted by the event organizer by March of each year for review by Police and Health staff. Short term physical improvements that staff is currently investigating involve installation of a 5 -10 foot wide side path on the far side of the ditch line and possibly street lighting along the stretch. If the City were to have WPS install street lights, with standard 300 foot spacing, the annual energy cost would be approximately $11,000 which would fluctuate depending on energy costs. Staff is also exploring whether the City could install their own street lights with a separate meter system where the lights could be turned on only when needed for the events. FISCAL IMPACT Public service costs are reimbursed by the event's organizer through agreements between emergency service providers and the city. If the City were to have WPS street lights installed, the annual cost would be about $11,000. According the Convention and Visitors Bureau, last years Country USA event had an estimated $23 million impact on the local economy which should be increased this year with the addition of Rock USA. RECOMMENDATION The Plan Commission approved of this request at its July 5, 2011 meeting. Approved, City Manager ITEM: REVIEW OF A CONDITIONAL USE/PLANNED DEVELOPMENT FOR A LIMITED VENUE FESTIVAL SITE LOCATED AT THE SOUTHWEST CORNER OF RIPPLE ROAD AND S. WASHBURN STREET This item has been laid over from the June 21, 2011 Plan Commission meeting in part to determine the effectiveness of some of the new safety measures being implemented at the site in cooperation with the local law enforcement and event organizers. Since that layover, Country USA has held their event. Plan Commission meeting of July 5, 2011 GENERAL INFORMATION Applicant: City Administration on behalf of Dan Liebhauser, Country USA Property Owner: Thomas Rusch & Richard Gabert Action(s) Requested: City administration is requesting review of a Conditional Use/Planned Development granted on July 26, 2005 for a limited venue festival site (Ford Festival Park) located in the City of Oshkosh and Town of Nekimi with ingress /egress, parking and camping uses located within the City portion of the site. Applicable Ordinance Provisions: Outdoor entertainment uses are permitted through a Planned Development in the M -1PD Light Industrial District with Planned Development as regulated in Section 30 -28 of the Zoning Ordinance. Criteria used for Conditional Use Permits are located in Section 30 -11 and criteria for Planned Developments are located in Section 30 -33 of the Zoning Ordinance. Property Location and Background Information: In 2006, the Country USA event was relocated from the County's Sunnyview Park Grounds on the northeast side of the City to the Ford Festival Park on the City's southwest side at the southwest corner of Ripple Road and S. Washburn Street. The property containing the festival grounds is comprised of approximately 270 acres of land owned by multiple owners and is located in both the City of Oshkosh and Town of Nekimi with the vast majority of the subject properties located within the Town. At the time the Conditional Use /Planned Development was granted, the Oshkosh Common Council placed a condition upon its approval requiring the CUP/PD be reviewed to determine if any additional conditions would be appropriate as dictated in Section 30- 11(D) of the Zoning Ordinance including that the use: (1) Will not have a negative effect upon the health, safety, and general welfare of occupants of surrounding lands; and (2) Will be designed, constructed, operated, and maintained so as to be harmonious, and be appropriate in appearance with the existing or intended character of the general vicinity, and that such a use will not change the essential character of the same area; and (3) Will not be hazardous or disturbing to existing or future neighboring uses; and (4) Will not be detrimental to property in the immediate vicinity or to the community as a whole; and (5) Will be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal and schools and that the persons or agencies responsible for the establishment of the proposed use shall be able to provide adequately any such service; and (6) Will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets, alleys, roads, or sidewalks Attached, is a copy of Resolution 05 -231 approving the CUP /PD with conditions. This review satisfies the requirements of Condition 3. The main intent of the review was to determine if any additional conditions are needed to improve the safety of the event given the high volume of users at the grounds but not to revoke the activity from occurring, which occurs in 2016 when the CUP expires and will have to be re- issued for the event. Subject Site Existing Land Use Zonin Outdoor Festival Grounds M -1PD w /Hwy 41 Overlay Adiacent Land Use and Zoning Existin Uses Zonin North Private RV Park and Vacant Commercial M -1PD w /Hwy 41 Overlay South Agricultural M -1 East Highway 41 - Commercial A -1 Agribusiness (County) & M- 1 PD w /Hwy 41 Overlay West Agricultural A -1 Agribusiness (County) Comprehensive Plan Land Use Recommendation Land Use 10 Year Land Use Recommendation Industrial 20 Year Land Use Recommendation Industrial ANALYSTS Over the past five years since the Conditional Use Permit/Planned Development was granted, the use has been monitored and the City's Police Department and County Sheriff s Office have identified the following issues they feel need to be addressed: (1) No dedicated pedestrian facilities within the right -of -way. The high volume of walkers must travel on the roadway shoulder or in the ditch. (2) No barrier separating pedestrians from auto traffic. (3) There is a lack of lighting within the right -of -way making a dark and unsafe pedestrian environment, especially when combined with the items above. (4) Speeds are posted too high for conditions and actual traffic speeds tend to exceed posted limits, especially at the release of event goers in the evenings. (5) There is a lack of law enforcement presence on the public roadways near the park. This exasperates the other issues as the problem event goers are left unchecked. Item — Ford Festival Park CUPPD Review The overall operation of the use has been consistent with Section 30 -11(D) of the Zoning Ordinance as listed above but the concerns of the Police and Sheriff s need to be addressed as they specifically conflict with CUP /PD criteria. To this end, several meetings took place between City and County staff and the operator of the festivals at the Ford Festival Park at which agreement was reached to implement a safety improvement plan that includes measures such as: (1) Provide additional lighting on South Washburn Street along the frontage of the festival grounds property to increase visibility and safety to pedestrians and motorists. (2) Temporarily reduce speed limits to 25 mph to help calm traffic by simply covering existing signs or putting up new ones during events. (3) Caution lighting in the form of temporary message boards are utilized to help inform motorists of the speed limit and to designate that pedestrians will be present. (4) Enhanced law enforcement presence by adding two extra patrols to be used as pedestrian and traffic regulators. (5) The approach/apron to the facility within the right -of -way is paved by 2012. 2011 Country USA Enhanced Safety Measures Experience City and County staff have had a chance to review the additional safety measures that were implemented for the CUSA event and determine whether they have been sufficient or whether further enhancements need to be implemented. This year's event was a bit extraordinary because the heavy rains made the parking areas almost all inaccessible resulting in a high number of vehicles parking off site resulting in higher levels of pedestrian traffic utilizing Washburn Street, Ripple Avenue, and Fisk Avenue. The par 3 golf course operated at or near capacity as did other parking lots along Washburn Street as well as other satellite parking lots in the Town. It should be noted that only the par 3 golf course is operating under a CUP for temporary parking, the other parking occurring in the City is located on developed parking lots requiring no additional City permit reviews. According to Oshkosh Police Department (OPD) there were no vehicular /pedestrian incidents on the Washburn Street right -of -way. The enhanced police presence, coupled with the additional temporary lighting, and reduced speed limits is thought to have helped. OPD is currently evaluating whether additional police and pedestrian patrols are needed to further increase safety and /or additional temporary lighting is needed. OPD has stated that there is a dark spot at the entrance of the par 3 golf course and the City will be requesting to update the CUP to require the additional lighting in that location. To further enhance safety and as an interim measure until street improvements are made, OPD is requesting some type of temporary visual barrier between the pedestrians and vehicles by using the orange traffic barrels similar to what is used on road construction projects. The thought is that barrels will help to more clearly define the pedestrian and vehicle traffic lanes, which can be accomplished for $1,00042000 per event. OPD believes the additional lighting has been effective and also believes that an additional 5 -7 temporary lights would further enhance safety in the Washburn Street area. This however will not address the lighting along Fisk and Ripple Avenues which are under jurisdiction of the Town/County and will be discussed as part of their own safety improvement plans. Shuttle access and turnaround on the grounds will also help to improve safety and circulation and will possibly require some physical improvements at the site to implement. Staff is Item — Ford Festival Park CUPPD Review recommending that shuttle access and turnaround be included in any improvement plan being approved by OPD. Longer term improvements would involve a full reconstruction of Washburn Street that could include more vehicular lanes, curb and gutter, terraces, streetlights, and sidewalks which could approach $2 million that would have to be assessed to adjacent property owners or picked up by the city as a whole. Shorter term improvements being considered are installation of a side path outside of the ditch line away from the street. This would clearly separate the pedestrian and vehicular traffic and would be consistent with the City's proposal for improvements in the draft Pedestrian and Bicycle Plan. Installation of street lights could be considered and that annual cost to the City would be about $11,000 (assuming 300 foot separation) and would fluctuate based on electricity costs. The City had inquired if the lights could be used seasonally but was informed by WPS that this could not be done. Staff is once again recommending approval of the CUP for the site with several conditions related to improving safety of the event and that these additional public costs be compensated by the event's organizer, which has actually instituted a new policy of requiring "safety wristbands" for everyone entering the grounds to encourage the use of the on -site parking facilities. The cost for these bands in 2011 is $5 for anyone not buying the $15 one -day parking pass. As such, the conditions being recommended are in keeping with Winnebago County's CUP issued for the event to further consistency of health and safety management between the City /Town/County for events held at the festival grounds. RECOMMENDATION /CONDITIONS Staff recommends approval of renewing the Conditional Use Permit/Planned Development for the limited venue festival subject to the following conditions: (1) Annual preparation of a "Traffic, Pedestrian Safety, Security, and Lighting Plan ", submittal of said plans to Oshkosh Chief of Police, and approval of said plans annually by the Police Department with said plans being subject to reasonable conditions of approval by the Police Department. a. Said plans shall at the option of the Police Department require improved shuttle access points and staging areas. (2) Annual preparation of a "Health Plan" and submittal to the City Health Division for review and approval. The Health Plan shall be similar in nature to the "Traffic, Pedestrian Safety, Security, and Lighting Plan". The Health Plan shall be submitted annually to the City Health Division with said plans being subject to reasonable conditions of approval by the Health Division. (3) All plans shall be submitted sufficiently in advance so as to allow the respective agency to complete their review and approval no later than March 15 of each year. (4) The event organizer shall post a bond in an amount deemed sufficient by City staff to insure compliance with the plans or enter into separate agreement with the City to compensate for public costs incurred. (5) Event grounds, including parking and camping areas, shall be monitored for Item — Ford Festiva[ Park CUPPD Review refuse, and appropriate means of continual collection of refuse shall be noted in the Health Plan. The method and frequency of refuse disposal shall also be noted. (6) All mud and debris tracked from the subject property to City right -of -ways shall be removed within 24 hours of the end of the daily event. Failure to remove debris may result in the City performing the work and charging those costs back to the event organizer, property owner or both. (7) The approach/apron to the facility within the right -of -way is paved by 2012 no later than May 30th. Plans and specifications, as well as the extent of the paving, shall be approved by the Department of Public Works. (8) The City will re- review the terms and conditions of the CUP as needed to insure public safety. The Plan Commission approved of the renewing of the conditional use permit/planned development as requested with conditions noted. The following is the Plan Commission's discussion on this item. City administration is requesting review of a Conditional Use /Planned Development granted on July 26, 2005 for a limited venue festival site (Ford Festival Park) located in the City of Oshkosh and Town of Nekimi with ingress /egress, parking and camping uses located within the City portion of the site. This item has been laid over from the June 21, 2011 Plan Commission meeting in part to determine the effectiveness of some of the new safety measures being implemented at the site in cooperation with the local law enforcement and event organizers. Since that layover, Country USA has held their event. Mr. Burich presented the item and reviewed the site and surrounding area and discussed some of the enhanced safety measures implemented at this year's event. He stated that staff was proposing to add more conditions to the CUP/PD to provide the Police Department with more ability to have input for the operation of the festival. He reviewed the original site plan for the festival grounds and reviewed the recommended conditions for this request which were intended to help to increase safety at the site and were the same conditions imposed by the Town of Nekimi and Winnebago County. Scott Greuel, Chief of Police, discussed this year's event and stated that the increase lighting on Washburn Street, the additional police presence, and the reduced speed limit all helped in the effort to make the situation safer for event attendees. He also commented that they have made recommendations for improvements for future events at the site. Officer Harris, Oshkosh Police Department, stated that he worked at the event this year and felt that the increased pedestrian officer patrols were effective and helped to keep pedestrians off the roadway and the reduced speed limits were also effective. He discussed the environmental conditions due to the excess rain that week and stated that officers escorted shuttle buses to the grounds. He felt that additional lighting to the south of the site on Waukau Avenue would be beneficial and reflective material on clothing or other items would assist in making pedestrians more visible. Mr. Thorns inquired when the reduced speed limits went into effect during the event. Item — Ford Festival Park CUPPD Review Officer Harris responded that the reduced limits were in effect on Tuesday morning and revised signs were placed over the existing ones. He felt that different colored signs may be more effective or flashing signs could be used. Mr. Thorns questioned how many pedestrians were utilizing the area that Officer Harris felt required additional lighting. Officer Harris replied that several hundred pedestrians passed through it. Mr. Thorns stated that a separation of pedestrians from traffic was necessary and questioned if a side path for this use would be effective. Chief Greuel replied that any type of separation would be helpful and improving the infrastructure of the roadway would be the best solution. He reviewed some of the barrier options available and stated that some of them would not be cost effective and some are movable objects which could create other hazards. A pathway for pedestrians would be more effective and enhanced lighting would be the most beneficial improvement. Mr. Thorns questioned the number of pedestrians using Ripple Avenue. Officer Harris estimated 1000 or more pedestrians utilized this street although most event attendees exited on Washburn Street some exited from supplemental gates on Ripple Avenue. This area was not in the City's jurisdiction. Mr. Hinz inquired if the majority of foot traffic exiting on Washburn Street headed to the north. Officer Harris responded that most of them do however some travel south to parking lots located off of Fisk Avenue. Mr. Hinz questioned if traffic was directed in a one -way pattern when the event concludes and if the reduced speeds created more pedestrians crossing the road. Officer Harris replied that vehicles traveling north out of the grounds have one lane of traffic and vehicles traveling south have two lanes and the reduced speeds did not appear to increase incidents of pedestrians crossing the road. Mr. Hinz discussed the use of buses or shuttles on Washburn Street, if reflective wrist bands were useful, or any temporary flashing hardware that could be installed on the speed limit signs to draw attention to them. Chief Greuel stated that digital display boards were utilized however they interfered with traffic on USH 41 and he felt that notifying the public to be more aware of the visibility issues would be beneficial. The use of reflective items would be helpful but the increased lighting discussed was the most important factor. Mr. McHugh inquired where the speed limit reduction was located. Item — Ford Festival Park CUPPD Review Chief Greuel responded that it was reduced the entire length of Washburn Street from State Road 44 to 26 and increasing the amount of signage would help as well as pre- advertising that speed limits would be reduced in the area. Mr. McHugh also questioned if standard signs were used and if auxiliary police were utilized. Chief Greuel responded affirmatively and stated that the current signs were changed but we could use more and auxiliary police were utilized during the event. Mr. McHugh commented that there appeared to be a lack of willingness to install street lights out there and felt that the city should find funding to do it. Mr. Borsuk questioned the effectiveness of the reflective wrist bands and if the fencing along USH 41 is high enough to deter pedestrians from attempting to cross the highway. Chief Greuel replied that the reflective bands were very effective as well as other reflective items but increased lighting was still necessary in the area. Fencing limitations may have certain requirements along USH 41 and he did not know how high it would have to be to deter someone from this action. Mr. Borsuk voiced his concern regarding the protection of the navigable stream on the site and questioned if there was an erosion control plan in place. Mr. Gohde explained that an erosion control plan was not necessary under this circumstance and conditions were different this year than others due to the weather conditions. Mr. Thorns questioned why street lights could not be installed and only utilized on a temporary basis. Chris Strong, Director of Transportation, explained that the temporary use was not allowed due to Wisconsin Public Service Corporation's policy and an alternative method was available where the City would handle more of the responsibility and the costs would be higher to install, but could be used on a temporary basis. Lighting placed 300 feet apart should be adequate to address the issue. Mr. Thorns then questioned how to get the Town of Nekimi to install lighting as well. Mr. Burich responded that the City does not have control of the right -of -way in the Town. Mr. Thorns suggested that side paths should be constructed until the road reconstruction takes place and questioned if there would be issues with the right -of -way. Mr. Gohde replied that there is a reasonable distance off the right -of -way but could not be definite about whether there was room for the suggested side path and it may not be wide enough to handle the amount of pedestrians utilizing it. Mr. Burich added that the side path was related to the city internally and whether there was funding for it which is currently being explored. Item — Ford Festival Park CUPPD Review Mr. Thorns stated that it would be a temporary fix until the road was reconstructed and questioned how the City would address it. Mr. Burich responded that the funding would have to be budgeted in the Capital Improvement Program (CIP) and the City was considering its options. Mr. Cummings commented that the city has limited resources and the suggestions for improvements all have price tags for which there is no money in the budget to cover. He further commented that once the improvements are made, there is no guarantee that the event will remain in the city. Mr. McHugh discussed the road surfaces installed at OshVegas Palms Resort adjacent to this site and the muddy conditions that existed this year on the festival grounds. He felt we have to lean on the promoters or come up with some funding to prevent the event from moving to another location as changes need to be made. Mr. Borsuk commented that the conditional use permit was in place until 2016 however the property owner has the ability to withdraw the use of the site if a better offer comes along. Mr. Hinz questioned if the promoter felt the wrist bands were effective. Dan Liebhauser, promoter for the event, replied that this was difficult to ascertain as the weather made things unusually difficult this year but the number of bands sold exceeded their expectations. The amount of rain made the parking situation problematic and they were considering adding a reflective coating to the wrist bands which he felt were successful and will use that program again for future events. He further stated that they were in line with the Oshkosh Police Department and understood the safety concerns on Washburn Street. It was additional costs for them but it all made sense as each element helped this year and other businesses could help cover the costs but the expense was worth it to have event attendees safe. He suggested that distribution of information regarding some of the safety measures could be helpful and use of their website and mailings could address some of the issues. Public service announcements may also be helpful. Mr. Hinz commented that there was some backlash regarding the wrist band fees and suggested that the fee could be added to the ticket price. Mr. Liebhauser replied that they were not selling the wrist bands for profit but to attempt to deter pedestrians from parking elsewhere and walking down the road to the festival grounds and he was not sure at this time how it will be administered next year. Mr. Hinz discussed the conditional use permits granted to OshVegas and the Par 3 Golf Course and if it had a detrimental effect on the event. Mr. Liebhauser responded that the satellite parking lots are going to operate however he felt they should be sharing in the costs for the safety enhancements. Ms. Propp questioned if the promoter had reviewed the conditions recommended for this request and if he found them satisfactory. Item — Ford Festival Park CUPPD Review Mr. Liebhauser replied that he was agreeable to the recommended conditions but stated that he was not sure why the City was requesting that he post a bond for the event as there have never been any issues with his cooperation with the City, Town, or Winnebago County. He added that it can be worked out. Marty Schibbelhut, owner of OshVegas Palms Resort, 3911 S. Washburn Street, stated that he does not want to see Country USA relocate as it is great for Oshkosh and the Highway 41 corridor but he felt that the promoters do not want to work with businesses around the event site. He believed that twin layers of fencing along the road could be used to separate the pedestrians from the traffic however the promoters do not want to pay the costs for this installation. He added that he was required to install hard surface roadways in his campground although the festival site has yet to be required to make that improvement on their grounds and he believed that the promoters dictate to the City how things get handled for the event. He worked with the Oshkosh Police Department who he felt did a great job but felt it was unfair that there was no washing stations on the festival grounds and event attendees used his facilities instead. He further stated that the wrist band program utilized this year was just a money making play on the part of the promoters. Ms. Propp questioned if the conditions recommended for this request were similar to the Town and Winnebago County's conditions, will the government entities work together on this effort and suggested a joint meeting should be held. Mr. Burich responded that the Oshkosh Police Department, Winnebago County Sheriff s Department, and the State Patrol already hold meetings on the matter to discuss issues. Mr. Cummings inquired if condition #3 requiring the annual preparation plans be reviewed and approved no later than March 15 should include a required date for the plans to be submitted. Mr. Burich replied that the condition could be amended to include a submittal deadline if Commission members felt it necessary. Chief Greuel added that they will be contacting Mr. Liebhauser by September or October regarding the review of an operational safety plan for 2012 and he felt the condition was adequate as written. Mr. Borsuk suggested that the Commission could conduct another review after the season is complete for 2011 or review the request again in 6 -9 months. He felt it may be wise to lay the item over until that time. Mr. Thorns stated that once the request has been approved, it will not be reviewed again for another five years and Rock USA was still an upcoming event. He felt that plans for improvements could be addressed in the Capital Improvement Program regardless of the fact that there is no guarantee that the event would remain in Oshkosh after the CUP expires. He also commented that the EAA grounds are not all paved and that steps were taken this year to improve the situation however he would rather see a review process for this event. Mr. Fojtik questioned if a review could be become an annual process for this request. Item — Ford Festival Park CUPPD Review Mr. Burich responded that the conditions recommended for this request address the safety concerns raised and provides the Police Department with the necessary authority to review the annual plan for the event and they are most aware of what needs to be addressed. He added that the discussion regarding the construction of side paths or installation of lighting in this area is a City issue that is not part of this request. Mr. Thorns inquired if the Plan Commission could make a recommendation to the Common Council for CIP funds to be allocated for improvements in this area. Mr. Burich replied that improvements to the Washburn Street area infrastructure is outside the boundaries of the CUP/PD request and was a budget related matter for the City. Mr. Steve Cummings commented that with limited funding for the City, projects must be prioritized. Mr. Burich stated that he felt it was appropriate to rely on the Police Department to ascertain whether the approval of an annual plan was effective. Mr. Hinz commented that he understood the concerns regarding holding off on the approval of this request however the Police Department was working with the promoter and area businesses on the matter and condition #8 provides the City with the ability to re- review the request as needed so he did not feel an annual review would be required. Mr. Burich added that we will not know the effectiveness of an annual plan until next year and if weaknesses are discovered, requirements could be adjusted on an annual basis to address issues. The CUP expires in 2016 and there were other options to be explored relating to improvements in that time. Motion by Thoms to approve the renewal of the conditional use permit /planned development for a limited venue festival site located at the southwest corner of Ripple Road and S. Washburn Street with the following conditions: (1) Annual preparation of a "Traffic, Pedestrian Safety, Security, and Lighting Plan ", submittal of said plans to Oshkosh Chief of Police, and approval of said plans annually by the Police Department with said plans being subject to reasonable conditions of approval by the Police Department. a. Said plans shall at the option of the Police Department require improved shuttle access points and staging areas. (2) Annual preparation of a "Health Plan " and submittal to the City Health Division for review and approval. The Health Plan shall be similar in nature to the "Traffic, Pedestrian Safety, Security, and Lighting Plan". The Health Plan shall be submitted annually to the City Health Division with said plans being subject to reasonable conditions of approval by the Health Division. (3) All plans shall be submitted sufficiently in advance so as to allow the respective agency to complete their review and approval no later than March 15 of each year. (4) The event organizer shall post a bond in an amount deemed sufficient by City staff to insure compliance with the plans or enter into separate agreement with the Item — Ford Festival Park CUPPD Review 10 City to compensate for public costs incurred. (5) Event grounds, including parking and camping areas, shall be monitored for effuse, and appropriate means of continual collection of refuse shall be noted in the Health Plan. The method and frequency of refuse disposal shall also be noted. (6) All mud and debris tracked from the subject property to City right -of -ways shall be removed within 24 hours of the end of the daily event. Failure to remove debris may result in the City performing the work and charging those costs back to the event organizer, property owner or both. (7) The approach/apron to the facility within the right -of -way is paved by 2012 no later than May 30th. Plans and specifications, as well as the extent of the paving, shall be approved by the Department of Public Works. (8) The City will re- review the terms and conditions of the CUP as needed to insure public safety. Seconded by Vajgrt. Motion carried 9 -0. Item — Ford Festival Park CUPPD Review 11 JULY 26, 2005 05 -231 RESOLUTION (APPROVED 7 -0 LOST LAID OVER WITHDRAWN } PURPOSE: GRANT CONDITIONAL USE PERMITS /APPROVE FINAL PLANNED DEVELOPMENT: A) 110 ALGOMA BOULEVARD CORNER, S:.. WASHBURN .:STREET;:AN.D�W -RIP.P.LE4. A17E'N U E INITIATED BY: A) DAVID LINTZ & LUCINDA VETTE, PETITIONERS S }_iC,OaJNTRY USA; `PETITIO'NER PLAN COMMISSION RECOMMENDATION: All found consistent with Standards set forth in Section 30 - 11(D) of the Zoning Ordinance and approved w /conditions as noted BE IT RESOLVED by the Common Council of the City of Oshkosh that conditional use permits are hereby granted for the following properties under Section 30 -11 of the Oshkosh Zoning Ordinance, and that said permits are granted with conditions, if any, as noted for each respective property, and the Planned District Overlay and final development plans, per the attached exhibits, are hereby approved. A) 910 Algoma Blvd.; David Lintz & Lucinda Vette, petitioners A conditional use permit to allow a mixed use commercial / residential development, per the attached "Exhibit A ", with the following conditions: 1) Evidence of parking availability for residential units be submitted to the Department of Community Development by the petitionerlowner prior to occupancy permits being granted for the residential uses. 2) The dumpster area be screened with screening materials to be approved by the Department of Community Development. B) SW Corner, S. Washburn Street and W. Ripple Avenue; Country USA, petitioner A conditional use permit for a planned development to allow a limited venue festival site located in the City of Oshkosh and Town of Nekimi with ingresslegress, parking, and camping uses located within the City portion of the site, per the attached "Exhibit B ", with the following conditions: 1) Three events are allowed per calendar year not to exceed 7 days in duration for any one event. 2) The CUP /PD for use of the site for festival and concert events expires in 2016. 4A JULY 26, 2005 05 -231 RESOLUTION CONT'D S. Washburn Street and W. Ripple Avenue (cont'd) 3) The CUPIPD will be reviewed two years after the initial use of the site by the Country USA event to determine if any additional conditions are required consistent with Section 30 -11(D) of the Zoning Ordinance regarding standards of issuance of Conditional Use Permits prior to the third Country USA event being held. 4) A base standard modification is granted to allow a portion of the driveway to remain unpaved with final determination of the extent of paving to be approved by the Dept. of Community Development. 5) A grading and drainage plan be approved by the Department of Public Works for any grading activities in the City portion of the site. 6) A base standard modification be granted to allow unpaved parking in accordance with the submitted site plan. 7) Other than use of the site 7 days prior, and 7 days after an event, no open storage-of festival related items in the identified parking or camping areas. DISCLAMER This reap is neither a legally recorded map nor a survey and It is not intended to be used as one. This drawing is a compilation of records, data and information located in various city, county and state offices and other sources affecting the area shown and it is to be usedfor reference purposes only. The City of Oshkosh is not re- sponsible for any inaccuracies herein contained. If discrepencies are found, please contact the City of Oshkosh. . Proposed Country USA Festival- Site City of Oshkosh and Town of Nekimi City of Oshkosh Wisconsin Community Development 1000 Feel Created by- dpb 6120105 NEWS RELEASE 6 -1 -11 Country USA, Inc., Rock USA, Inc., The Oshkosh Police Department and Winnebago County Sheriffs Department have expressed serious concerns regarding the safety of increasing high -risk pedestrian traffic on Washburn Avenue, (the frontage road). To underscore the problem, it was noted that a pedestrian was injured by a hit and run driver at last year's Country USA Festival. In an effort to keep concert fans safe, Country USA, Inc. and Rock USA, Inc. will implement a new policy for this year's festivals. Everyone attending the festivals will be required to have one of three wristbands to enter the actual concert grounds: 1. Camping Wristband. 2. VIP Wristband. 3. Safety Band. This new wristband has been created by Country USA and Rock USA in an attempt to reduce pedestrian traffic on Washburn Avenue for safety reasons. The Safety Band will be given out free upon purchasing a festival parking pass. Limit is 8 bands per vehicle, one parking pass per vehicle. A different color Safety band will be given out each day. Anyone entering the grounds on foot will be required to purchase a Safety Band for $5.00 per person. Again, the Safety Band will be given out free upon purchasing a festival parking pass. The purpose of the Safety Band is to encourage festival patrons to park in the safest location which Country USA believes to be the festival grounds. In 2010 Country USA created a safe turn - around for pedestrian drop offs but this turn- around was used by less than 20 vehicles over the 5 days. We do realize this will be an inconvenience for the very few that used the turn - around, however safety is our number one concern and we will not allow exceptions. If you have any questions about the new Safety Band policy, please feel free to call the Starshow Ticket Center at 920 -882 -4944. E -mail: dan- liebhauser@newsr_com Telephone: 920 882 -4944 Fax: 920 882 -4948 Cell: 920 427 -5816 Address: 2065 American Drive, Suite A, Neenah, WI 54956 '.12 SoLm RccK. No Luvurs. CUP /PD REVIEW HILDEBRAND DENNIS /GLORIA LIMITED VENUE FESTIVAL 2146 CLAY RD SITE -S WASHBURN & W RIPPLE OSHKOSH WI 549040000 PC: 06 -21 -11 RIPPLE ACRES LLC 5700 COUNTRY CLUB RD OSHKOSH WI 549020000 OSHVEGAS PALMS RESORT LLC 1077 MEADOW LN FOND DU LAC WI 54935 RUEDINGER TRUST CATHERINE PO BOX 368 WINNECONNE WI 54986 KALHAGEN PROPERTIES LLC 4349 ACKER RD MADISON WI 53704 RUSCH THOMAS GABERT RICHARD PO BOX 3808 OSHKOSH WI 549033808 FOUST JEFFREY L 2852 CLAIRVILLE RD OSHKOSH WI 549040000 POWELL LLC /LC 3952 COUNTY RD N OSHKOSH WI 549040000 OSHKOSH CORP PO BOX 2566 OSHKOSH WT 549032566 JONES JEFFREY /TAMMY 2415 W RIPPLE AVE OSHKOSH WI 549040000 COUNTRY USA ATTN DANIEL LIEBHAUSER 2065 AMERICAN DR STE A NEENAH WI 54956 JONES SCOTT /KRISTI 2180 CLAY RD OSHKOSH WI 549040000 JSC ACRES /SCJ ACRES LLC 1426 OAK ST OSHKOSH WI 549010000 PAPENFUSS DANIEL /LACY 7095 COUNTRY CLUB RD OSHKOSH WI 549020000 DW CENTURY FARM LLC 5700 COUNTRY CLUB RD OSHKOSH WI 549020000 FOURNIER SYLVIA S 3962 W FISK AVE OSHKOSH WI 549040000 Pl'1 DISCLAIMER This map is neither a legally recorded map nor a survey and it is not intended to be used as one. This drawing is a compilation of records, data and information located in various city, county and state offices and other sources affecting the area shown and it is to be used for reference purposes only. The City of Oshkosh is not re- sponsible for any inaccuracies herein contained. If discrepencies are found, please contact the City of Oshkosh. Created by - dff LIMITED VENUE FESTIVAL SITE N O-rHKOfH City of Oshkosh o Scale: 1 1000' Community Development 06/07/11 o 0 0o 0 o A\11= D X - ---- ----------------------- x >< P x —, 'x I< K < >< ><1 ><>11 C/) --- - - - - -- -- M U) < i Lo! LLJ b co 0 < C6 > B DISCLAIMER This map is neither a legally recorded map nor a survey and it is not intended to be used as one. This drawing is a compilation of records, data and information located in various city, county and state offices and other sources affecting the area shown and it is to be used for reference purposes only. The City of Oshkosh is not re- sponsible for any inaccuracies herein contained. If discrepencies are found, please contact the City of Oshkosh. Created by - dff LIMITED VENUE FESTIVAL SITE N O-rHKOfH City of Oshkosh Department of Scale: 1 1000' Community Development 06/07/11 W1 �Z S�_ I L* Mil"HIEVENE1119760 NEI P , tv :Z'27 Colp t �ZZ'i! AM -; X - 1 r4% I DISCLAIMER This map is neither a legally recorded map nor survey and it is not intended to be used as one. This drawing is a compilation of records, data and information located in various city, county and state offices and other sources affecting ie area shown and it is to be used for reference purposes only. The City of Oshkosh is not re- wnsible for any inaccuracies herein contained. If discrepancies are found, please contact the City of Oshkosh. LIMITED VENUE O FESTIVAL SITE N Q rHKQfH ox n'e wnren City of Oshkosh Department of Scale: 1 — 1 000' Community Development Created by - dff 06/07/111 JULY 13, 2011 11 -303 RESOLUTION CARRIED LOST LAID OVER WITHDRAWN ) PURPOSE: APPROVE PLANNED DEVELOPMENT FOR CONSTRUCTION OF A MULTIPLE FAMILY DWELLING DEVELOPMENT ON THE WEST SIDE OF NORTH MAIN STREET, BETWEEN MURDOCK AVENUE AND VIOLA AVENUE INITIATED BY: FAIR ACRES TOWNHOMES LLC, PETITIONER PLAN COMMISSION RECOMMENDATION: Approved w /conditions BE IT RESOLVED by the Common Council of the City of Oshkosh that a planned development to construct a multiple family dwelling development in phases, per the attached, is hereby approved with the following conditions: 1) Certified Survey Map or other land division instrument is used to reconfigure the property lines as presented on the site plan. 2) Base standard modification to setbacks, as depicted on the site plan: a. Reduced Main Street front yard setback for signage from 25 feet to 15 feet. b. Reduced Viola Avenue front yard setback for buildings from 25 feet to 19 feet. c. Reduced Viola Avenue front yard setback for signage from 25 feet to 10 feet. d. Reduced rear yard setback for drives from 25 feet to 6 feet 6 inches and 10 feet. e. Reduce the rear yard setback for community center from 25 feet to 11 feet 6 inches. 3) Access Control variance to allow a three lane entrance (36 foot wide at the property line /46 foot wide at the curb) off North Main Street. 4) Cross access agreements with the Fair Acres Shopping Center to the west and the Associated Bank to the south are provided. 5) Cross Parking Agreement with the Fair Acres Shopping Center to the west is provided. 6) No signage beyond house numbers is allowed on the individual residential buildings and area dedicated for signage on the community center is limited to no greater than 10% of any facade. 7) Detention basins are designed without riprap above the water line and native plants be planted on the side slopes of the basin and emergent plants on the safety shelf. O QfHKO.IH ON THE WATER TO: Honorable Mayor and Members of the Common Council FROM: Darryn Burich Director of Pl ing Services DATE: July 7, 2011 RE: Approve Planned Development for Construction of a Multiple Family Dwelling Development on the West Side of North Main Street between Murdock Avenue and Viola Avenue (Plan Commission recommends approval) BACKGROUND The 7.9 acre development area includes an entire 7.48 parcel and 0.42 acres of an adjacent parcel. They are located at the 1800 block of North Main Street and the 700 block of Viola Avenue generally at the southwest corner of North Main Street and Viola Avenue. The development area has approximately 435 feet of frontage on Viola Avenue and approximately 550 feet of frontage on North Main Street. The property is currently vacant but contains a substandard private drive leading from Main Street to the Fair Acres Shopping Center. It is bound on the north with a single family neighborhood and elementary school; commercial shopping center with Pick -n -Save as the anchor on the west; predominately single - family residential neighborhood on the east across North Main Street; and a small commercial strip center and public detention pond to the south. A neighborhood meeting to present the development plan proposal was held with area property owners on June 23, 2011 and no objections or negative comments were received. ANALYSIS The applicant is proposing to divide off two lots from the 7.9 acre parcel for future commercial development along the western edge of the site and construct a multiple family dwelling development on the remaining portion consisting of a community center, four 8 -unit buildings, three 6 -unit, and one 5 -unit building with an internal roadway /walkway system and stormwater management facilities. There will be 55 total units, 35 -3 bedroom and 20 2- bedroom designed as townhouse units. The development plan requires several base standard modifications to the dimensional regulations of the zoning ordinance for setbacks for signage, some of the dwelling structures, the drive leading to the internal development from Viola Avenue, and the placement of the community center structure. The development is proposed to have vehicular access by two driveways with the primary access from North Main Street and the secondary access from Viola Avenue. An internal roadway system will connect all buildings, garages, and parking areas as well as providing access to the shopping center and a connection from the Associated Bank site to the south to the Fair Acres parking area. Extensive pedestrian walks are incorporated into the development connecting all townhouses to the internal walkway system and parking is provided in the forms of garages and driveways for each unit, surface parking, and overflow parking within the shopping center with the parking stall numbers meeting code requirements. Signage is proposed at each entrance in the form of monument signs of modest size and no other signage is being recommended other than on the community center structure. Landscaping plans consist of trees, evergreens, shrubs, and building perimeter plantings as well as privacy and ornamental fencing. Stormwater management is identified in the form of two wet detention basins on the south and west side of the development which will service both the townhouse site and the future commercial lots. Both landscaping and stormwater plans will require approval by the Department of Community Development and the Department of Public Works respectively during the building permit process. The buildings are designed as two -story townhomes with three units being single -story to provide housing choice for people with disabilities. All units will have individual entrances with attached garages. The community center consists of the rental office, gathering space, outdoor patio, kitchen, restrooms, outdoor playground, computer room, laundry, and an exercise facility. FISCAL IMPACT None anticipated other than the value of the new construction will be added to the property tax rolls. RECOMMENDATION The Plan Commission approved of this request at its July 5, 2011 meeting. Approved, /e(� ? T vV City Manager ITEM: DEVELOPMENT PLAN REVIEW FOR THE CREATION OF A MULTIPLE FAMILY HOUSING DEVELOPMENT ON PROPERTY LOCATED AT THE 1800 BLOCK OF NORTH MAIN STREET AND THE 700 BLOCK OF VIOLA AVENUE Plan Commission meeting of July 5, 2011 GENERAL INFORMATION Applicant: Fair Acres Townhomes, LLC Owner: 1900 Jackson Street, LLC Actions Requested: Approval of a development plan for a multiple family dwelling development that includes: ■ Two commercial lots for future development • Community Center • Four 8 -unit buildings (32 units) • Three 6 -unit buildings (18 Units) • One 5 -unit building (5 units) • Internal roadway /walkway system and off - street parking facilities • Two stormwater management facilities and open spaces Applicable Ordinance Provisions: The Zoning Ordinance establishes criteria and guidelines for the Planned Development overlay district in Section 30 -33 of the Oshkosh Municipal Code. Property Location and Type: The 7.9 acre development area includes an entire 7.48 parcel and 0.42 acres of an adjacent parcel. They are located at the 1800 block of North Main Street and the 700 block of Viola Avenue generally at the southwest corner of North Main Street and Viola Avenue. The development area has approximately 435 feet of frontage on Viola Avenue and approximately 550 feet of frontage on North Main Street. The property is currently vacant but contains a substandard private drive leading from Main Street to the Fair Acres Shopping Center. It is bound on the north with a single family neighborhood and elementary school; commercial shopping center with Pick -n -Save as the anchor on the west; predominately single - family residential neighborhood on the east across North Main Street; and a small commercial strip center and public detention pond to the south. A neighborhood meeting to present the development plan proposal was held with area property owners on June 23, 2011 and no objections or negative comments were received. Subject Site Existing Land Use Zonin Vacant/Underdeveloped drive aisle and parking C -2PD Adinevnt T,and Tice and Zoning Existing Uses ? Zonin North Residential and Institutional ....... E l e mentar y ) ... .....................- ......._....... ...._ . _ .............. . ............ ... ........... _._ .............. ................................ ......._._.. Commercial .............. .......... Commercial (Bank/Strip Center), Institutional C -2PD South Retention Basin) _ . ...._._....._ ......... .......... _ _................ ....................._........................ .._._._.. _ .......................... . _ ............. ._.................... _ East .._._._......._.._......._......................................_.... ..................._... ... ....................... .......... ...... ... _ _._........ _.._._................._...... ....._......................... West ........ .................._ .......... _ . .............. . Commercial (Pick N Save /Miscellaneous Commercial) C -2 PD Comprehensive Plan Land Use Recommendation Land Use 10 Year Land Use Recommendation Commercial 20 Year Land Use Recommendation Commercial ANALYSIS Property Confi urg ation The applicant is proposing to utilize a 7.48 acre parcel of land as well as combine it with approximately 0.42 acres of the adjacent property to the west (fronting Viola Avenue) for a 7.9 acre development site. Of these 7.9 acres, the plan is to divide off two lots for future commercial development along the western edge of the development immediately adjacent to the Fair Acres Shopping Center. One lot is proposed to be 0.44 acres and the other lot 0.83 acres. Staff believes that both of these lots are suitable in size for future commercial development. This Development Plan approval is meant to provide the Plan Commission and Common Council a review /approval of the conceptual land division and future lot configuration as to provide assurance to the developer that a certified survey map or other land division instrument would be acceptable and could be approved by staff, with review and oversight of the technical elements of the land division. Because of the Planned Development zoning designation, any development on the commercial lots will require Plan Commission and Common Council approval. Design/Layout The proposed development plan includes the construction of four 8 -unit buildings (32 units), three 6 -unit buildings (18 units), and one 5 -unit building (5 units) for a total of 55 units and a 2,000 square foot community center and playground. Of the 55 units, 35 are proposed to be 3- bedroom and 20 are proposed to be 2- bedroom. The structures are designed as townhouse units with individual entrances, driveways /garages and incorporate either porches or patios. The development is served by an internal private roadway and pedestrian walk network linking North Main Street, Viola Avenue and the Fair Acres Shopping Center. Parking facilities include attached garage spaces, private driveway spaces; surface parking stalls and overflow parking at the shopping center. Density is considered low at approximately 8.3 units per acre (one unit per 5,250 square feet), which is greater than the density permitted in the R -1 or R -2 Zoning Districts (40 units, 6.05 units per acre /one unit per 7,200 square feet) and less than the density permitted within the R -3 zoning district (96 units, 14.5 units per acre /one unit per 3,000 square feet). Green space constitutes 43% of the site while impervious surfaces (roads & buildings) constitute approximately 57% of the total land area. The multi - family residential complex is designed to be integrated into the community and surrounding neighborhood with five of the eight buildings fronting the public street and the Item - SW N Main & Vola -MF PD remaining three buildings and the community center located within the interior of the development area. Two areas are designated for stormwater retention and are situated as buffers between the proposed residential buildings and the commercial property. As depicted, the development plan requires several base standard modifications to the dimensional regulations of the Zoning Ordinance. (a) Front Yard Setback (North Main Street): An identification sign is located within 15 feet of the North Main Street right -of -way where a 25 foot setback is required. Staff is in support of the base standard modification as the sign is modest in size, would conflict with sidewalk location if setback further, be difficult for motorists to notice from a distance and it does not create any vision clearance issues. (b) Front Yard Setback (Viola Avenue): The buildings fronting Viola Avenue are proposed to be situated with a 19 foot setback and the identification sign is proposed to be setback 10 feet where the code requires a 25' setback. Staff supports these base standard modifications because the existing homes along Viola have a pre - established setback between 10 -12 feet. Setting the proposed townhouse building further back would be inconsistent with the character of the street as well as reducing space for the fire lane /private drive that encroaches into the rear yard setback. The identification sign would not be visible from Viola Avenue traffic if setback further because of the location of the townhouse porches. (c) North Transitional Yard Setback: The 8 -unit structure located at the northwest corner of the development area is setback 22 feet 10 inches and encroaches into the north transitional yard setback by 2 feet 2 inches. Staff believes that the installation of the solid fencing and canopy trees along this lot line offsets the encroachment. However, it needs to be noted that the structure appears to have room to be moved south in order to attain the 25 foot setback but would be much closer to the main entrance and the pedestrian walk. (d) Rear Yard Setback: The drive leading from Viola Avenue to the internal development area encroaches in the rear yard setback area at two locations; one is 6 feet 6 inches and the other is 10 feet from the rear lot line where the code requires a 25 foot setback. The encroachment is felt not to be problematic as the area is located to the rear of the townhouses next to the rear loading area and employee parking for the adjacent shopping center and is not an often used customer convenience location. The petitioner has also attempted to mitigate the substandard setback by including a row of lilac bushes at the location. (e) Rear Yard Setback: The community center is located with an 11 foot 6 inch setback to the rear property line where a 25 foot setback is required. The petitioner has indicated that they had considerable difficulty locating the community center in a central location and felt that the encroachment into the setback is negligible as the future commercial site is not yet developed. They attempted to increase the amount of small shrubs and lilacs in the area to help screen the area and offset the reduced setback. Staff feels that this area, with the playground, patio and community center should maintain setback or have a higher level of screening such as privacy fencing. Alternatively, the property line could be moved further west to allow the 25 foot setback but this would reduce the area available for the future commercial site. Access /Circulation Vehicular access to the development is proposed to be provided in the form of two driveways; a primary entrance from North Main Street and a secondary entrance on Viola Avenue. An Item - SW N Main & Viola -MF PD additional connection is provided connecting the proposed development to the Fair Acres Shopping Center. The primary entrance on North Main Street is designed as a 36 foot wide three - lane (one entrance — two exits) and the secondary entrance is a 24 foot wide two -lane driveway. These drives provide access to the internal roadway system, which is appropriately sized for emergency service apparatus, and connects all the buildings, individual garages, individual driveways, and surface parking areas while also providing full circulation from street to street and street to the shopping center. The primary east -west private roadway is curved and includes speed humps as traffic calming devices designed to discourage and limit higher speed travel. The addition of low level wrought iron fencing near the community center and proximity of the structures to the roadway also help to create an "encroached upon" environment that has been shown to slow vehicle speeds. An additional roadway is included in the development which does not connect to the multi - family development but instead connects the Associated Bank site to the south with the Fair Acres parking area running south of the proposed future commercial lot. This drive fulfills a condition of the bank's development, provides the future commercial site with an additional access and acts as a fire lane to assist the Fire Department with access to the southwestern building. Extensive pedestrian walks are incorporated into the development design connecting all individual townhouse entryways to the internal walkway system. The walkway system is designed as a 5 foot wide concrete sidewalk situated in such a way that all dumpsters, surface parking areas and the community center are accessible for pedestrians without entering vehicle drive lanes, except at crosswalks. Additionally, the pedestrian walk network links the public walks on North Main Street and Viola Avenue to the walkway located in front of the Fair Acres Shopping Center partially retrofitting a pedestrian friendly environment onto a site currently devoid of pedestrian facilities. Parkin Parking is provided for the development in four forms: private garage spaces attached to each townhouse unit; private driveways servicing each unit; open surface parking for general use; and overflow parking located within the commercial shopping center through a cross parking and cross access agreement. On -site parking stall numbers meet the requirements of the Zoning Ordinance in that 128 spaces are required and 138 spaces are provided (55 garage spaces, 55 driveway spaces and 28 surface stalls). The ability to allow overflow parking in the commercial center is advantageous in that it provides almost unlimited stalls for guests or larger gatherings. Bicycle parking is also provided at four separate locations on the site. A large bicycle parking area is provided at the community center and three smaller bicycle parking areas are situated to be convenient for the individual buildings. Si gnage Two development identification signs are proposed; one at the entrance on North Main Street and another at the secondary entrance on Viola Avenue. Both signs are proposed to be 3 foot 8 inch tall monument signs constructed of brick veneer with stone caps. The proposed signs are modest in size with the main entrance sign area being 18 square feet (36 square feet both sides) and the secondary entrance sign being 11 square feet (22 square feet both sides). The building elevations do not indicate any wall mounted signage but staff assumes the individual units to have house numbers and the community center to have limited identification signage. Staff suggests that no Item - SW N Main & Hola -MF PD signage beyond house numbers be allowed on the individual residential buildings and that the community center be limited to no greater than 10% of any fagade area be dedicated for signage. Landscapin Screening A landscape plan has been submitted with the proposal including many trees, evergreens, shrubs and building perimeter plantings. It appears that particular attention was directed at screening the rear and side yards of the existing homes on Viola Avenue in that a 6 foot tall vinyl privacy fence is incorporated into the development and that canopy tree species (Skyline Honey locust) are planted in such a way to provide additional vertical screening at maturity. The public street frontage of all dwelling units includes a 3 foot high ornamental wrought iron fence for both a modicum of privacy and as an aesthetic element. A full review for landscaping compliance has not been conducted prior to the drafting of this staff report but it is important to point out that landscaping quantities and planting locations will be required to meet code and will be reviewed at time of site plan review/building permit issuance. Stormwater Detention Stormwater management is identified in the form of two wet detention basins situated on the south and west side of the development area between the proposed buildings and the future commercial lots. These locations will function not only as stormwater facilities but as features of the development. The petitioner has indicated in their narrative that the ponds are designed to not only treat the stormwater of this development but are sized to also take in stormwater for the future commercial development sites. Formal erosion control, drainage and stormwater management plans must be approved by the Department of Public Works and staff suggests that a more "natural" style of detention basin be utilized involving planting of emergent plants in the safety shelf area and native plants on the side slopes rather than the use of riprap as it is better functioning, environmentally friendly, is a more effective deterrent to intrusion and more aesthetically pleasing. Building Elevations The proposed development consists of eight residential buildings and one community center. The residential structures are designed as two -story townhomes with a height of approximately 26 feet. Three dwelling units on the site are single -story to provide housing choice for people with disabilities. Dwellings facing a public street have porch style entrances to the street and the garage in the rear. Dwelling units facing the internal drives have an entrance and garage on the same fagade with patio on the backside of the unit. Materials selected for the project are consistent across all structures in an effort to create a neighborhood development feel and include composite wood siding with matching trim, brick veneer, vinyl railings and windows, prefinished aluminum fascia/gutters and downspouts, fiberglass entry doors, and steel overhead garage doors. The community center is designed to coordinate with and compliment the residential structures and is constructed of the same materials. It is fully accessible and provides space for the rental office, a community room gathering space for residents and an outdoor patio. Other amenities include a kitchen, restrooms, outdoor playground, computer room, laundry and exercise facility. RECOMMENDATION /CONDITIONS Staff recommends approval of the Development Plan for the multifamily apartment development with the following conditions: Item - SW N Main & Vlola -MF PD 1) Certified Survey Map or other land division instrument is used to reconfigure the property lines as presented on the site plan. 2) Base standard modification to setbacks, as depicted on the site plan: a. Reduced Main Street front yard setback for signage from 25 feet to 15 feet. b. Reduced Viola Avenue front yard setback for buildings from 25 feet to 19 feet. c. Reduced Viola Avenue front yard setback for signage from 25 feet to 10 feet. d. Reduced north transitional yard setback for building from 25 feet to 22 feet 10 inches. e. Reduced rear yard setback for drives from 25 feet to 6 feet 6 inches and 10 feet. f. Reduce the rear yard setback for community center from 25 feet to 11 feet 6 inches. 3) Access Control variance to allow a three lane entrance (36 foot wide at the property line /46 foot wide at the curb) off North Main Street. 4) Cross access agreements with the Fair Acres Shopping Center to the west and the Associated Bank to the south are provided. 5) Cross Parking Agreement with the Fair Acres Shopping Center to the west is provided. 6) No signage beyond house numbers is allowed on the individual residential buildings and area dedicated for signage on the community center is limited to no greater than 10% of any fagade. 7) Detention basins are designed without riprap above the water line and native plants be planted on the side slopes of the basin and emergent plants on the safety shelf. The Plan Commission approved of the development plan as requested with revised conditions. The following is the Plan Commission's discussion on this item. Mr. Buck presented the item and reviewed the site, surrounding area, zoning and current land uses in said area. He also reviewed the site plan for the development and discussed the various features of the proposal. A neighborhood meeting was held at which time no objections were heard and he read an email submitted by Mr. Dillman who attended the meeting and supported the project but felt that fencing should be required to be placed around the detention areas for the safety of children. He also discussed the traffic flow through the development, the layout of the buildings, and the base standard modifications being requested. He commented that condition #21) regarding the reduced north transitional yard setback was in error and could be removed. He also discussed the landscaping, pedestrian walks, access drives, parking, signage, fencing, and stormwater detention for the development. Building elevations and the community center features were reviewed as well as the conditions recommended for this request. Mr. Nollenberger questioned how the community center would be handled on a long term basis and if it would operate similar to a condo association where residents pay a fee to support its use. Mr. Borsuk questioned how many of the dwellings would have a percentage at below limit rent, what type of fencing was being proposed, and his concern with traffic impacts onto Murdock Avenue. Mr. Thorns inquired if the streets within the development were private, if standard curb and gutters would be installed and if pedestrian walks would be created throughout the development, if lighting plans were submitted, and if standard street lighting should be required on the main accesses through the development. Item - SW N Main & rtola -MF PD Mr. Vajgrt questioned if lighting was required in the parking areas and externally on the garages. Mr. Buck responded that curb and gutter would be installed in parts of the development but it was not indicated in all areas and pedestrian walks were placed throughout the development. Lighting plans had not yet been submitted but would be required to meet code requirements at the time of site plan review and building permit issuance as light levels were dictated by these requirements. Standard street lighting could be added to the main accesses if Commission members felt it was necessary. Ms. Propp inquired if public sidewalks existed on Viola Avenue and North Main Street around the development. Mr. Buck responded affirmatively. Mr. Cummings questioned if some of the units were planned to be low limit rentals with no age restrictions which would most likely result in more families occupying these units, has anyone contacted the school district about the system's ability to accommodate the increased number of students in this area. Mr. Burich replied that the school district has indicated in the past that they have the capacity to handle additional students in the system although some may have to be shifted to different districts. Mr. Cummings then questioned if some dialogue should be held with the school board regarding this development. Mr. Burich responded that the only thing that could be done is deny the development due to these concerns although they have attended planning meetings in the past and the ability to accommodate additional students has never been an issue. Commission members further discussed lighting requirements for the development and what would be appropriate and the City's code requirements regarding light levels in residential areas. Mr. Borsuk then inquired if the school district was included in this review process. Mr. Buck responded that the school district was notified of both the neighborhood meeting and the Plan Commission meeting and has not contacted the City with any concerns or comments. Harold Peerenboom, 37 Viola Avenue, questioned the placement of the vinyl fencing along the residential homes on Viola Avenue and how far back from the lot will it be set as the existing chain link fence goes all the way out to the sidewalk and is a visibility issue when backing out of his driveway. He also questioned if the fence could be placed on the lot line or if a setback was required. Mr. Buck responded that code requirements regulate that the first 25 feet of fencing from the sidewalk could be no higher than three feet and 50% open and that after the initial 25 feet, it could Item - SW N Main & Viola -MF PD be six foot tall and solid. Visibility should not be an issue for the fencing and it could be placed on the lot line as there are no setback requirements for fencing. Mr. Borsuk voiced his concerns with access onto Murdock Avenue as the Murdock Avenue access near Jackson Street can be problematic. He felt a requirement for right - in/right -out may be appropriate for this access. Mr. Strong replied that the north/south access onto Murdock Avenue from the Pick and Save site is shown on the high crash list however an additional north/south access on the east side was not as big of a concern as that access drive was an indirect access and would not be intensely used. The access drive on North Main Street would be a more direct route and more predominantly used. Mr. Thorns questioned why the Murdock Avenue access was indicated on the site plan as a fire lane. Mr. Buck responded that this access would provide emergency services to this side of the buildings and to eliminate the access to Murdock Avenue completely would be harmful to the bank at this location and from a planning standpoint, the additional access will reduce exits on other accesses to the site. Cal Schultz, Keystone, explained that the lighting plans were intended to create a residential feel for the development and exterior lighting would be installed at the front and back doors and the lighting plans would comply with code requirements. Mr. Thorns commented that he was concerned if the lighting would be adequate for the safety of the children living at the development. Mr. Schultz stated that the intention was to convert the development over to condominiums in the future and the community center would become part of the condo association at that time however in its initial stages, it would be rental property. There would be income restrictions on all two bedroom units which were calculated to be for moderate income families. He also discussed the various rental amounts planned for the units. Mr. Bowen left the meeting at 5:45 pm. Ms. Propp voiced her concern with the amount of usable green space for children on the site and if it would be adequate. Mr. Schultz replied that they were low density apartments by the square foot calculations and the intention in the layout of the green space areas were to have the children play in the designated playground area by the community center. Mr. Borsuk inquired since the development was required to have access to Main Street, will it be appropriately lighted for through traffic. Mr. Schultz responded that the development was meant to be residential in nature and they were not wishing to encourage traffic to use this access to get to the shopping center to the west. Item - SW N Main & Vlola -MF PD Motion by Vajgrt to approve the development plan for the creation of a multiple family housing development on property located at the 1800 block off. Main Street and the 700 block of Viola Avenue as requested with the following conditions which includes the removal of the condition related to the reduced north transitional yard setback for the building: 1) Certified Survey Map or other land division instrument is used to reconfigure the property lines as presented on the site plan. 2) Base standard modification to setbacks, as depicted on the site plan: a. Reduced Main Street front yard setback for signage from 25 feet to I5 feet. b. Reduced Viola Avenue front yard setback for buildings from 25 feet to 19 feet. c. Reduced Viola Avenue front yard setback for signage from 25 feet to 10 feet. d. Reduced rear yard setback for drives from 25 feet to 6 feet 6 inches and 10 feet. e. Reduce the rear yard setback for community center from 25 feet to I1 feet 6 inches. 3) Access Control variance to allow a three lane entrance (36 foot wide at the property line /46 foot wide at the curb) off North Main Street. 4) Cross access agreements with the Fair Acres Shopping Center to the west and the Associated Bank to the south are provided. 5) Cross Parking Agreement with the Fair Acres Shopping Center to the west is provided. 6) No signage beyond house numbers is allowed on the individual residential buildings and area dedicated for signage on the community center is limited to no greater than 10% of any fagade. 7) Detention basins are designed without riprap above the water line and native plants be planted on the side slopes of the basin and emergent plants on the safety shelf. Seconded by Thoms. Mr. Borsuk commented that he felt that subsidized housing was perceived to be more concentrated on the northeast side of the city and accesses crossing major streets should be more carefully considered. Motion carried 9 -0. Item - SW N Main & Vola -MF PD — .0 O.IHKOfH ON THE WATER City of Oshkosh Application ® Planned Development Review ❑ Conditional Use Permit Review " *PLEASE TYPE OR PRINT USING BLACK INK " APPLICANT INFORMATION Petitioner: Fair _ Acres Townhomes , LLC Petitioner's Address: 230 Ohio Street Telephone #: (9 2 0) 230-36 Fax: (920) 230 - 6484 Other Contact #or Email: andy@alliancedevelopment.biz Status of Petitioner (Please Check): 0 Owner ❑ Representative ❑ Tenant ❑ Prospective Buyer Petitioner's Signature (required): Date: 6 /1 0/11 OWNER INFORMATION Owner(s): 1900 J Street, LLC _ Date: 6/10/11 Owner(s) Address: 230 Ohio Street City: Oshkosh State: WI Zip: 54902 Telephone #: (9 230 -3628 Fax: ( 230 -6484 Other Contact #or Email: andy@alliancedevelopment.biz Ownership Status (Please Check): ❑ Individual ❑ Trust ❑ Partnership ❑ Corporation (Limited Liability company) Property Owner Consent: (required) By signature hereon, I/We acknowledge that City officials and/or employees may, in the performance of their functions, enter upon the property to inspect or gather other information necessary to process this application. I also understand that all meeting dates are tentative and may be postponed by the Planning Services Division for incomplete submissions or other administrative reasons. Property Owner's Signature: ` Date: 6/10/11 SITE INFORMATION Address /Location of Proposed Project: South of Viola Ave., west of N. Main Street parcel No. 915-1497-04-00 Proposed Project Type: Residential (Multi - Family) Current Use of Property: Vacant / Asphalt Parking Lot Land Uses Surrounding Site: South: C -2 PD (Commercial) East: C -1, R -2 (Single Family) West: C -2 PD (Commercial). "Please note that a meeting notice will be mailed to all abutting property owners regarding your request. ➢ Application fees are due at time of submittal. Make check payable to City of Oshkosh. ➢ Please refer to the fee schedule for appropriate fee. FEE IS NON - REFUNDABLE For more information please the City's website at www.ci.oshkosh.wi.us/ Community_Development /Planning.htm Staffw Date Recd North: R-1 (Single Family, Institutional) SUBMIT TO: Dept. of Community Development 215 Church Ave., P.O. Box 1130 Oshkosh, Wisconsin 54903 -1130 PHONE: (920) 236 -5059 Date: 6/10/11 City: Oshkosh State: WI Zip: 54902 Zoning: C -2 (PD Ov erlay) Old !' Briefly explain how the proposed conditional use /development plan will not have a negative effect on the issues below. The development dgnisala w elfare - of occunts famil ential that will not have a negative effect on the health, safety, and general welfare of occupants of surrounding lands. The multi - family use will be a good transition between single family to the east & commercial to the west. 2. Pedestrian and vehicular circulation and safety. The proposed development will not be a high generator of new traffic to the adjacent roadways. vehicles associated with each residential unit will exist and enter adjacent roadways from private main drives to limit access points to the adjacent roadways. Pedestrian sidewalks are proposed throughout the development 3. Noise, air, water, or other forms of environmental pollution. and connected to publ si ewa s . The proposed residential development will not create any environmental pollution. 4. The demand for and availability of public services and facilities. The proposed development will require water, sanitary and storm sewer to the property. These utilities are available in the adjacent public ROWS. S. Character and future development of the area. See attached narrative. SUBMITTAL REQUIREMENTS — Must accompany the application to be complete. ➢ A NARRATIVE of the proposed conditional use /Development Plan including: ❑ Existing and proposed use of the property ❑ Identification of all structures (including paving, signage, etc.) on the property and discussion of their relation to the project ❑ Projected number of residents, employees, and/or daily customers ❑ Proposed amount of dwelling units, floor area, landscape area, and parking area expressed in square feet and acreage to the nearest one - hundredth of an acre ❑ Effects on adjoining properties to include: noise, hours of operation, glare, odor, fumes, vibration, etc. ❑ Compatibility of the proposed use with adjacent and other properties in the area. ❑ Traffic generation (anticipated number of customers, deliveries, employee shift changes, etc.) ❑ Any other pertinent information to properly understand the intended use /plan and its relation to nearby properties and the community as a whole ➢ A complete SITE PLAN and BUILDING ELEVATIONS must include: ❑ Two (2) full size (minimum 24" x 36 ") scaled and dimensioned prints of site plan and building elevations ❑ Two (2) 8 %" x 11 (minimum) to 11" x 17" (maximum) reduction of the site plan and building elevations ❑ One compact disc or diskette with digital plans and drawings of the project in AuLoCAD 2000 format with fonts and plot style table file (if plans have been prepared digitally) ❑ Title block that provides all contact information for the petitioner and /or owner and contact information of petitioner's engineers /surveyors /architects, or other design professionals used in the preparation of the plans ❑ The date of the original plan and revision dates, if applicable • A north arrow and graphic scale. • All property lines and existing and proposed right -of -way lines with dimensions clearly labeled • All required setback and offset lines ❑ All existing and proposed buildings, structures, and paved areas, including building entrances, walks, drives, signs, decks, patios, fences, walls, etc. ❑ Location of all outdoor storage and refuse disposal areas and the design and materials used for screening ❑ Location and dimension of all on -site parking (and off -site parking provisions if they are to be employed), including a summary of the number of parking stalls provided per the requirements of Section 30 -36 City of Oshkosh Zoning Ordinance Cl Location and dimension of all loading and service areas ❑ Location, height, design, illumination power and orientation of all exterior lighting on the property including a p�ies -lrl�n ❑ Location of all exterior mechanical equipment and utilities and elevations of proposed screening devices where applicable (i.e. visible from a public street or residential use or district). Mechanical equipment includes, but is not limited to; HVAC equipment, electrical transformers and boxes, exhaust flues, plumbing vents, gas regulators, generators, etc. P: 920192619800 • F: 920192619801 C E i p � , � L� - , f I i '� E E R I N 100 Camelot Drive •Fond du Lac, WI 54935 www.excelengineer.com PROJECT NARRATIVE SITE INFORMATION The proposed residential development is located on proposed 6.35 acres located south of Viola Avenue and west of North Main Street. The existing site consists of an existing asphalt parking lot and grass areas. The majority of the site currently drains to two existing catch basins located west of the asphalt parking lot and is conveyed underground to storm sewer in North Main Street. The proposed development will consist of nine buildings. Four of the buildings are apartment buildings consisting of 8 units, three of the buildings are apartment buildings consisting of 6 units, one of the buildings is an apartment building consisting of 5 units, and the ninth building will be the community center. The proposed development will not have a negative effect on the health, safety, and general welfare of occupants of surrounding lands. The proposed development will be a good transition between single family uses to the east and commercial uses to the west. Each apartment consists of a single car garage attached to the dwelling. All apartment garages connect to internal drives. This was done to limit the number of access points to the adjacent roadways. The internal drives consist of an east/west drive.that connects the commercial site to the west and N. Main Street. Two north/south drives are proposed with the far west drive connecting to Viola Avenue. Additional off - street parking areas are proposed throughout the site to provide additional visitor parking. Cross access and shared parking easements will be developed with the property to the west. This will allow the residential development to utilize the commercial parking lot to the west for overflow parking as needed. The proposed development is estimated to generate 34 vehicle trips to and from the site during the peak hour. Three dumpster enclosures are proposed and strategically placed throughout the site for easy access. A six foot vinyl privacy fence is to be located at side yards adjoining existing residential properties to the north. This fence will have appropriate size trees planted direct behind the fence to enhance, over time, the privacy of this buffer. A three foot high wrought iron fence is proposed for the front yard of all dwelling units facing public streets as well as adjacent to the community center. The site will also consist of sidewalks to allow easy pedestrian conveyance through the site as well as easy conveyance to public sidewalks along Viola Avenue and N. Main Street. Bike racks are located throughout the development to encourage biking as a mode of transportation both within the development and outside of the development. Two stormwater management ponds are proposed on the west side of the site. These ponds will treat stormwater from the residential site and the vacant commercial sites to the west. A drainage easement will be created in order to treat stormwater from the commercial sites to the west. These ponds will discharge to city storm OWN WROW sewer. Two identification signs are proposed. One will be located adjacent to the driveway intersection on N. Main Street and one at the driveway intersection on Viola Avenue. BUILDING INFORMATION The proposed development is made up primarily of two -story townhouses, twenty of which are 2 bedroom units with the remainder being 3 bedroom units. Two bedroom and three bedroom units share the same footprint, with the third bedroom, when required, being located above the garage. Three dwelling units on site are completely one -story in order to provide full accessibility to those with physical handicaps. In addition, eight of the townhome style units have additional accessible features for those with handicaps and all townhomes have an accessible bathroom on first floor for the possibility of handicapped visitors. Dwellings facing a public street have porch -type entrances to the street and a garage in the rear. (See the included colored elevation) Dwelling units facing private drives have an entrance and garage on the same side with a patio out the rear of the building. (See the included black and white elevations) Half the number of dwelling units will be provided with a basement. With all the possible variations listed above, few buildings in the development are planned to be identical. The proposed development features 5 distinct building footprints for 8 total apartment buildings. Each of the major building variations are represented on the drawings submitted with this narrative, although not each building elevation has been drawn at this time. Materials planned for the project are composite wood siding (similar to cement siding) with matching composite trim, brick veneer, vinyl railings and vinyl windows. Materials are consistent across the eight residential buildings and also the community center to create consistency within the neighborhood development. The fully accessible community center will provide a gathering space for the residents of the proposed development. Shared amenities for the development include a community room with kitchen and outdoor patio, a computer room, a laundry room, and an exercise room. The community center also houses the rental office and a playground is to be located just off the rear patio. 11 00" ®, p 1C 1 , wtoj z W . 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IM'HSOMHSO 1 Z C OIHO Z OT'S3WOHNM0153tlOY and :'d3NMO E m �o c� ~ o> m J Z Z' IM'HSOMHS0 Z Q 13 3tl15 NMV N1HON � W �N3wdoTdn3a 53n�r and __ :1O3roH y "- 46 7,Z 0 0 /- o< mw H Q cOm� PD- RESIDENTIAL DEVELOPMT FORMILLER FRANK W LIEBERT TIMOTHY F VIOLA AV & N MAIN ST 9 VIOLA AVE 17 VIOLA AVE PC: 07 -05 -11 OSHKOSH WI 54901 1971 OSHKOSH WI 54901 1971 STRACHAN JAMES R 10 E GRUENWALD AVE A OSHKOSH WI 54901 2308 KRANZ TREVOR J 31 VIOLA AVE OSHKOSH WI 54901 PEERENBOOM HAROLD D 37 VIOLA AVE OSHKOSH WI 54901 1971 1900 JACKSON STREET LLC ATTN ANDY DUMKE 230 OHIO ST STE 200 OSHKOSH WI 54902 5825 SCHULTZ ETAL ROBERT 1919 N MAIN ST OSHKOSH WI 54901 2323 ANCHORBANK FSB 25 W MAIN ST MADISON WI 53703 3375 CITY OF OSHKOSH PO BOX 1130 OSHKOSH WI 54903 1130 DILLMAN JAMES A 1836 N MAIN ST OSHKOSH WI 54901 2322 ASSOCIATED BANC CORP 206 N WISCONSIN AVE DE PERE WI 54115 OSH AREA SCHL DIST OAKLAWN PO BOX 3048 OSHKOSH WI 54903 3048 BUSH LIFE ESTATE HENRIETTA 1914 N MAIN ST OSHKOSH WI 54901 2324 FORMILLER FRANK W 1816 N MAIN ST OSHKOSH WI 54901 NEITZEL BRIAN D 1846 N MAIN ST OSHKOSH WI 54901 2322 SCHELFHOUT TODD 1828 N MAIN ST OSHKOSH WI 54901 BREWER JOHN H 1918 N MAIN ST OSHKOSH WI 54901 2324 SCHULTZ WANDA J 1917 N MAIN ST OSHKOSH WI 54901 2323 MCCARTHY JAMES E /BEVERLY 1854 N MAIN ST OSHKOSH WI 54901 2322 MARKS CARRIE A 1842 N MAIN ST OSHKOSH WI 54901 2322 DILLMAN MICHAEL R /DEBRA 1820 N MAIN ST OSHKOSH WI 54901 17 En EMN WN 01 U ! rt 4 ----- - -- --J x - - - -- - - - -- -- - - -- VIa1� A - VE-. ----------------------------------------- - - - - - --- a, El a 's C 3 M IX 0 i EJ i >< n h �, ! I � e's � ' I . n r n n i 1 nnr K AVF ----- - - - - -- ---------- ------------------------------- E.- 215 MEIIIIIIIIIIIIIIIIIII DISCLAIMER RESIDENTIAL DEVELOPMENT This map is neither a legally recorded map nor Q �T a survey and it is not intended to be used as one. VIOLA AV & N MAIN ST 1V Of HKOf H This drawing is a compilation of records, data and information located in various city, county ON THE WATER and state offices and other sources affecting the area shown and it is to be used for reference City of Oshkosh purposes only. The City of Oshkosh is not re- Department of sponsible for any inaccuracies herein contained. If discrepancies are found, please contact the Scale: 1 — 2Q� Community Development City of Oshkosh. 06/23/11 Created by - dff 18 MP In W I►, n 9. VC;, I I ���. G M MLm VON off im OLS.Li 11 1 .w1 Bi ar =7 I 1 - -- 1__I ■� l�� w5l,Aftl 1 1 - 107 , 17 l u ---_ - r= f3i1�� - - - - - -- -- low ■■NIr \� ■1i l ■l w/-m1 �� t�j =.+ ■� 111■ r�i� ■;� x_ 1•�I I� �� 1 ■� R � 7! � � �I � �. 1■ ri7 Ia J M lot OM wl C. ■� C� -• ■ r w iii p I�I7 TIlt �; ; i C■�i 1t■ �� �r - ,rs ■ �p . r iii �T 11 -• .111 I � _ 9 ■C _- '' r 30 (f This map is neither a legally recorded map nor a survey and it is not intended to be used as one. This drawing is a compilation of records, data and information located in various city, county and state offices and other sources affecting the area shown and it is to be used for reference purposes only. The City of Oshkosh is not re- sponsible for any inaccuracies herein contained. If discrepencies are found, please contact the City of Oshkosh. VIOLA AV & N MAIN ST N O IHKOfH ON TIE WAT City of Oshkosh Department of Scale: 1 200 �� Community Development = 06/23/1' Created by - dff DISCLAIMER RESIDENTIAL DEVELOPMENT O JULY 13, 2011 11 -304 RESOLUTION (CARRIED LOST LAID OVER WITHDRAWN ) PURPOSE: APPROVE PLANNED DEVELOPMENT FOR CONSTRUCTION OF A STAND ALONE RESTAURANT, STAND ALONE COMMERCIAL BUILDING AND COMMERCIAL STRIP CENTER AT 1200 SOUTH KOELLER STREET INITIATED BY: RMA ARCHITECTS, INC, PETITIONER PLAN COMMISSION RECOMMENDATION: Approved w /conditions BE IT RESOLVED by the Common Council of the City of Oshkosh that a planned development to construct a free standing restaurant, a free standing retail building and a multi- tenant commercial strip center, to be developed in phases, per the attached, is hereby approved with the following conditions: 1) Base standard modification to setbacks: a. Reduced front yard setback for parking from 25 feet to 0 -8 feet. b. Reduced front yard setback for signage from 25 feet to 10 -14 feet. c. Reduced front yard setback for building from 50 feet to 8 foot. d. Reduced rear transitional yard setback for dumpsters from 25 feet to 20 feet. e. Reduce the north side yard setback for paving from 15 feet to 0 feet. 2) Approve access control variances: a. Permit two driveway accesses to the property. b. Reduce the lateral clearance requirement from 75 feet to 45 feet. 3) Establish a walk directly from the freestanding retail structure entrance to the public sidewalk and remove the pedestrian walk connection to the property to the east. 4) Provide proof of cross - access agreements between the subject property and the properties adjacent to the north and the south. 5) Base standard modification to reduce the required landscaping, as approved by the Department of Community Development. 6) Stormwater management, grading and erosion control plans be submitted to and approved by the Department of Public Works. 7) Final approval of building elevations for the strip center structure. 8) Approval of a master wall sign plan for strip center with the intent that signage styles be uniform on the structure. 9) Detention basin is designed without riprap above the water line and native plants be planted on the side slopes of the basin and emergent plants on the safety shelf. A OIHKO.IH ON THE WATER TO: Honorable Mayor and Members of the Common Council FROM: Darryn Buric Director of Plannmg Services DATE: July 7, 2011 RE: Approve Planned Development for Construction of a Restaurant, Commercial Building and Commercial Strip Center at 1200 South Koeller Street (Plan Commission recommends approval) BACKGROUND The approximate 6.3 acre property is the former home to the 60,000 square foot Copps Grocery Store located at 1200 South Koeller Street, which has been removed from the site as well as the 1,750 square foot Sonic Drive -In Restaurant at 1180 South Koeller Street, which is now vacant and proposed to be removed from the site. The property is located approximately 1,000 feet south of West 9 th Avenue and approximately 550 feet north of Menard Drive. There is a 20 foot stormwater and sanitary sewer easement along the eastern property line as well as a 75 foot ANR pipeline easement cutting diagonally at the southwest corner of the property. Staples, Hobby Lobby, Starbucks and other retail establishments are adjacent to the north and Shopko is adjacent to the south. Highway 41 to the west and residential uses exist to the east. ANALYSIS This request involves the redevelopment of the commercial property creating three freestanding buildings: 1) restaurant; 2) retail building; and 3) a three -unit commercial retail /restaurant strip center. The proposed uses are consistent with the Comprehensive Plan and are compatible with surrounding commercial uses in the area. The restaurant is proposed to be placed at the northwest corner of the property with the retail building at the southwest corner and the commercial strip center in the center of the parcel. The development plan requires base standard modifications to the dimensional regulations for the front yard setback for parking, signs, and the retail building as well as rear transitional yard setback for parking and the dumpster enclosure and side yard setback for paving. The Plan Commission did not support the reduced rear transitional yard setback for parking along the east property line adjacent to the residential uses. Access to the development is proposed to be provided by two full access drives from South Koeller Street with cross accesses from the property to the north and to the south. An access control variance will be necessary for two drives and to reduce the lateral clearance of the internal drive aisle from the street curb. Pedestrian connections are provided in the form of formal walks on the south property line and at the center of the site with each structure connecting to these walks. Proposed parking includes 384 parking stalls which meets the Zoning Ordinance requirements and a lighting plan has not yet been submitted but will be required to meet code standards. Signage for the site is proposed in the form of two internally illuminated pylon signs on S. Koeller Street and wall mounted signage for both the restaurant and retail structure which meets code requirements. Signage for the strip center has not been included but will be required to meet standards when submitted. Landscaping is depicted along the perimeter and inside landscaped islands requiring a base standard modification to reduce the quantity below code requirements. Stormwater management is not required at this location because the amount of impervious surface will actually decrease however the applicant is providing a retention area at the southwest corner of the lot to accommodate some additional stormwater capacity. Formal stormwater management, grading, and erosion control plans will be required to be approved by the Department of Public Works during the building permit process. Building elevations for the restaurant and retail center are 20 and 24 feet respectively and both structures meet the architectural standards of the Zoning Ordinance. The strip center structure does not have submitted elevation plans at this time and will require final approval by the Department of Community Development when submitted. FISCAL IMPACT None anticipated other than a taxable real estate and personal property from the two buildings that are anticipated to be built later this summer /fall and be occupied as of January 1, 2012. RECOMMENDATION The Plan Commission approved of this request at its July 5, 2011 meeting. Approved, City Manager ITEM: DEVELOPMENT PLAN REVIEW FOR THE DEVELOPMENT OF A RESTAURANT, COMMERCIAL BUILDING AND COMMERCIAL STRIP CENTER AT 1200 SOUTH KOELLER STREET Plan Commission meeting of July 5, 2011 GENERAL INFORMATION Applicant: Laura Kroll, RMA Architects, Inc. Owner: Sonic of Oshkosh, LLC and 1200 South, LLC Actions Requested: The petitioner requests approval of a Development Plan for the development of a restaurant, commercial building and commercial strip center at 1200 South Koeller Street. Applicable Ordinance Provisions: The Zoning Ordinance establishes criteria and guidelines for the establishment and/or amendment of a PD overlay district in Section 30 -33. Property Location and Type: The approximate 6.3 acre property is the former home to the 60,000 square foot Copps Grocery Store located at 1200 South Koeller Street, which has been removed from the site as well as the 1,750 square foot Sonic Drive -In Restaurant at 1180 South Koeller Street, which is now vacant and proposed to be removed from the site. The property is located approximately 1,000 feet south of West 9` Avenue and approximately 550 feet north of Menard Drive. There is a 20 foot stormwater and sanitary sewer easement along the eastern property line as well as a 75 foot ANR pipeline easement cutting diagonally at the southwest corner of the property. Staples, Hobby Lobby, Starbucks and other retail establishments are adjacent to the north and Shopko is adjacent to the south. Highway 41 to the west and residential uses exist to the east. Subject Site Existing Land Use F2onin General Commercial - Vacant i C -2 PD Adjacent Land Use and Zoning Existing Uses'' 10 Year Land Use Recommendation Zonin North General Commercial C -2 ._.._._._ ..... .. ......................... South General _......................._...._........_.._._.................._................._...._.__.._._._................................................._... ............................_._ Commer .._._.............._._._..........._..................................._._......._.............._..........._ ._............................. ... _............. .............................. _._ ........................ .... . . ..................... ....... . _ . ............. West ..... . ................_.............................._ . _ . ..._ . _......._.................._._......... .............._....._ STH "41" .......... _........_._.........._ ... ......................._._ . _ ........ .............................. ........ .. N/A Comprehensive Plan Land Use Recommendation Land Use 10 Year Land Use Recommendation Commercial 20 Year Land Use Recommendation Commercial ANAL NSIS Use This request involves the redevelopment of the commercial property creating three freestanding buildings: 1) restaurant; 2) freestanding retail building; and 3) a three -unit commercial retail /restaurant strip center. The proposed uses are consistent with the Comprehensive Plan and are compatible with surrounding commercial uses in the area. The improvement is also advantageous as it will help to establish a presence close to the South Koeller Street right -of -way and "shield" the majority of the parking lot from the roadway and highway. Restaurant and retail uses are appropriate for this area and are not only compatible and complimentary with long range land -use plans but are a fitting addition to the longstanding highway commercial corridor. Site Design The applicant proposes to place a freestanding 7,537 square foot restaurant at the northwest corner of the property, a freestanding 4,500 square foot retail building at the southwest corner of the property and a 38,625 square foot three- tenant commercial strip center in the center of the parcel. The primary parking area is located on the western half of the property and a secondary "employee" parking area is proposed on the eastern portion of the lot behind the commercial strip center. The site development plan also includes pedestrian walks, a stormwater retention facility, dumpster enclosure and development signage. The petitioner has included landscaped islands throughout the development plan's parking facilities, which is important to meet parking code requirements, to better define drive aisles, break up the pavement mass, and provide areas for landscaping. As depicted, the development plan requires several base standard modifications to the dimensional regulations of the Zoning Ordinance. (a) Front Yard Setback: The site plan depicts a row of parking setback between 0 -8 feet and two signs setback between 10 -14 feet from South Koeller Street right -of -way whereas the code requires a 25 foot front yard setback. The petitioner states that these base standard modifications for the parking and signs are necessary to meet requirements placed upon them by the restaurant including the necessity to have parking on all sides of the building. Furthermore, they state that the reduced setbacks are needed to retain a consistent setback and good site lines with the development on the property to the north and that the development ability of this site would be at a disadvantage if the setbacks were strictly enforced. Staff understands the desire for parking along all sides of the structure but would point out that if the front row of parking stalls were removed, the parking requirements of the code would still be met, automobile circulation would continue to function as designed and a landscaped setback could be established along Koeller Street. Signage location is more problematic as there is limited area to place them outside the setback and visibility would be affected due to established setbacks of structures to the north. (b) Front Yard Setback (building): The freestanding retail building is setback 8 feet from South Koeller Street right -of -way and code requires a 50 foot front yard building setback. Justification by the applicant for this base standard modification includes the need for the tenant to have a presence along the Highway and frontage road, which cannot be attained because of limitations due to the location of the 75 foot ANR pipeline easement. Staff supports this base standard modification due to the fact the ANR pipeline severely restricts placement of buildings at the frontage of the site. Additionally, staff believes the placement of structures at the front of the property help to "shield" the larger parking lot and provides a presence near the right -of -way. Item — 1200SKoeller- Rest &Com PD (c) Rear Transitional Yard Setback: The eastern property line setback is substandard for a row of parking stalls and the dumpster enclosure as the stalls are proposed to be 9 feet 4 inches from the lot line and the dumpster enclosure is 20 feet from the property line where the code requires a 25 foot transitional yard setback because of the adjacency to the residential uses along Moreland Street. Staff does not support this base standard modification as the transitional yard setback requirements are in place to protect the residential uses from noise, odor, lights and other elements associated with commercial uses. Also, the removal of the eastern row of parking would not reduce parking count below code requirements. (d) Side Yard Setback: The north side yard setback is proposed to be 0 feet where code requires a 15 foot setback. This base standard modification is important because a shared drive lane exists between the property to the north and the subject property. Staff supports the north side yard setback as the area functions as a continuous and shared drive aisle between the two developments. Access /Parkin Access to the development area is proposed to be provided by two full access drives from South Koeller Street as well as through full cross access from the property to the north and single lane cross access from the property to the south. An access control variance will be necessary for the establishment of two drives as the Access Control Ordinance limits sites with less than 600 feet of frontage to a single curb -cut and this property has approximately 480 feet of frontage. Additionally, an access control variance is necessary to reduce the required lateral clearance of the internal drive aisle from the street curb to 45 feet from the required 75 feet. All other dimensional regulations of the stall and drive aisles are met in the proposed plan as are the number and placement of landscaped islands. Pedestrian connections to South Koeller Street are provided in the form of formal walks; one along the south property line and another at the center of the site with each structure connecting to these walks. Staff recommends that a walk directly from the freestanding retail structure should be included in the site design as pedestrians would be required to circle the structure to get to the entrance. A correction should also be made to the pedestrian network eliminating a portion of the pedestrian walk that connects to the neighboring two - family residential property to the east. Proposed parking includes a total of 384 parking stalls, of which 15 are handicapped stalls. 317 of the stalls are located in the primary parking lot with an additional 67 stalls situated to the east of the commercial strip center building. The proposed number of stalls meets the Zoning Ordinance's minimum requirement of 291 and does not exceed the maximum requirement of 617. If the 24 stalls located within the front yard setback and the 14 stalls within the rear transitional yard setback are removed, the development would provide a total of 346 stalls, still within the Zoning Ordinances requirement range. Lighting The submittal does not include a lighting /photometric plan but all lighting on the site will be required to meet code standards. Sim Ground mounted signage for the development is proposed in the form of 1,578 square feet of sign area on two pylon signs located along the South Koeller Street frontage. The first sign is to be located approximately 10 feet from the property line next to the northern entrance and is proposed Item — 1200SKoe11er- Rest &Com PD to be a 40 foot tall, 188 square feet (376 square feet both sides) dedicated for the restaurant use. It has internally lit letters as well as external light elements. The second sign is located at the southern entrance approximately 14 feet from the property line and is proposed to be a 60 foot tall five - tenant sign totaling 601 square feet (1202 square feet both sides). It is proposed to be internally illuminated and have 10 foot high brick wrap on the base as well as ornamental features on the columns and top. Maximum height for signage in the Highway 41 Corridor Overlay is 60 feet and total ground signage area allowed on the site is 1,600 square feet. Both height and sign area are under the maximum limit of the code. Building wall mounted signage is proposed for both the freestanding restaurant structure and the freestanding retail structure but is not included for the multi -tenant commercial strip center. Per the Zoning Code, wall signage is allowed up to a maximum of thirty percent (30 %) of any wall area (per fagade). All proposed wall signage appears to meet code requirements and any future wall signage on the multi- tenant commercial strip center will also be required to meet those standards. Landscaping Landscaping is depicted on the site plan consisting of trees and shrubs along the perimeter and tree plantings inside the landscaped islands. Staff is encouraged by the landscaping proposed by the applicant and believes the landscaping will greatly help to beautify the site and break up the parking area, especially from the South Koeller Street /Highway 41 perspective. As listed on the site plan, plant quantities appear to be deficient of code requirements and the ability to add additional landscaping appears to be constrained based on limited open space on the property. Additional landscaping can be installed within increased front and rear transitional yard setbacks, if provided, but staff is uncertain if code requirements could be met even then and therefore recommends a base standard modification to reduce the required landscaping, as approved by the Department of Community Development. Stormwater Management Stormwater management is not required to be installed at this location because the current site is 95% impervious and the redevelopment will actually decrease the impervious area with the inclusion of landscaped islands and slightly increased setbacks. However, the applicant has provided an approximately 10,000 square feet retention area at the southeast corner of the lot to better control runoff on the property and improve stormwater conditions of the general area. Besides the depiction of the retention area, no formal stormwater management, grading and erosion control plans have been submitted but will be required to be approved by the Department of Public Works during the site plan review /building permit process. Buildings Building elevations for the proposed freestanding restaurant and freestanding retail center are included within the submittal. The freestanding restaurant has an overall height of approximately 20 feet. The exterior of the building is proposed to be stone veneer with brick headers over the windows and doors. Additional architectural features include stained wood trellises and tiled roof. All facades are broken up with the use of gables and front tower element. The freestanding retail structure is proposed to be a flat roofed structure with an overall height of 24 feet. It is proposed to have a fagade of brick veneer and exterior insulated finish system (EFIS). The mass of the fagade is proposed to be broken up through the use of a masonry knee wall and masonry piers, as well as extensive storefront windows and limited wall sconce lighting. Item — 1200SKoeller- Rest &Com PD Both proposed structures meet the architectural standards of the Zoning Ordinance and staff believes the building designs of either structure are appropriate for the area and designed using quality materials. The multi -tenant commercial strip center structure is not depicted with building elevations so staff is recommending a condition to have final approval of building elevations for the strip center. Additionally, staff is also recommending approval of a master wall sign plan for the strip center to ensure uniformity of signage placed on that building. RECOMMENDATION /CONDITION S Staff believes that the proposed development, with conditions, will meet the standards as set forth in Section 30 -33: Planned Developments and not have a negative impact on surrounding lands, will be harmonious with the intended character of the general vicinity, and will not be detrimental to neighboring property or the community as a whole. Staff recommends approval of the development plan as proposed with the following conditions: 1) Base standard modification to setbacks: (a) Reduced front yard setback for parking from 25 feet to 0 -8 feet. (b) Reduced front yard setback for signage from 25 feet to 10 -14 feet. (c) Reduced front yard setback for building from 50 feet to 8 foot. (d) Reduced rear transitional yard setback for parking from 25 feet to 9 feet 4 inches. (e) Reduced rear transitional yard setback for dumpsters from 25 feet to 20 feet. (f) Reduce the north side yard setback for paving from 15 feet to 0 feet. 2) Approve access control variances: (a) Permit two driveway accesses to the property. (b) Reduce the lateral clearance requirement from 75 feet to 45 feet. 3) Establish a walk directly from the freestanding retail structure entrance to the public sidewalk and remove the pedestrian walk connection to the property to the east. 4) Provide proof of cross - access agreements between the subject property and the properties adjacent to the north and the south. 5) Base standard modification to reduce the required landscaping, as approved by the Department of Community Development. 6) Stormwater management, grading and erosion control plans be submitted to and approved by the Department of Public Works. 7) Final approval of building elevations for the strip center structure. 8) Approval of a master wall sign plan for strip center with the intent that signage styles be uniform on the structure. The Plan Commission approved of the development plan as requested with revised conditions. The following is the Plan Commission's discussion on this item. Mr. Buck presented the item and reviewed the site, surrounding area, zoning in said area, and the proposed site plan. He stated that the development was consistent with the Comprehensive Plan and discussed details of the proposal such as parking, pedestrian walks, stormwater detention, signage, access drives, and the base standard modifications being requested. He discussed the option of removing some of the parking stalls to meet code requirements without having to have a base standard modification granted. Lighting plans have not yet been submitted for this development and building elevations were reviewed. No design for the strip center has been submitted at this time and landscape plans were reviewed which appear to be deficit from code requirements. Conditions recommended for this request was also reviewed. Item — 1200SKoeller- Rest &Com PD Mr. Borsuk questioned why staff was not recommending the removal of the parking from both the front and back of the development rather than allowing the base standard modification. He also felt that a stormwater analysis should be addressed. Mr. Buck responded that staff was not supportive of the reduced rear transitional yard setback adjacent to the residential properties although the setbacks on the frontage road are consistent with other existing buildings in the area therefore that setback would not be detrimental. All the requested setbacks were included to allow the Plan Commission to recommend what they felt was appropriate for the development. Mr. Burich added that the ANR pipeline that extends through this site also dictates the placement of buildings that can be located in the front portion of the parcel. Mr. Cummings questioned what the width of the proposed landscaping was on Koeller Street. Mr. Buck replied that the proposed landscaping was eight feet wide next to the retail building and reduced down to zero to the north. Mr. Cummings commented that the Vision Study recently completed indicated that citizens desired to see more landscaping in the community. Mr. Burich responded that the Commission could require additional landscaping on the site if they felt it was appropriate. Considering the current condition of the site and the landscaping proposed for the new development, staff felt the slightly reduced plans were an adequate trade -off. Ms. Propp inquired if condition #1 A and 1 D for reduced setbacks for parking were both removed, if landscaping could be added in these areas instead. Mr. Buck responded affirmatively. Mr. Thorns questioned if the buildings could be moved back if the front row of parking was removed. Andy Dumke, 2030 Menominee Drive, the developer for this request, replied that the Olive Garden has national development standards for their establishments that require parking all around the structure and to move the building back further would place it behind other buildings on Koeller Street. Mr. Thorns then questioned what style was planned for the strip center structure as renderings were not submitted at this time and if this would have to come back to the Plan Commission in the future for approval of the final plans for this portion of the development. Mr. Bunch replied that the conditions address this issue as building elevations and a master wall sign plan would both require approval prior to construction and would have to be consistent with the rest of the development and meet the Highway 41 corridor overlay standards. If plans were revised to not meet approval, it would have to come back through the process for approval of an amendment by Plan Commission and Common Council. Item — 1200SKoe11er- Rest &Com PD Mr. Dumke commented that the two portions of the development on Koeller Street were ready to proceed now but the strip center is not rented at this time so building elevations and signage was not available to be submitted. Ms. Propp asked to clarify that the developer would have an issue with the removal of condition # 1 A to allow a reduced front yard setback for parking but would not have a problem with the removal of condition #I D to allow a reduced rear transitional yard setback for parking. Mr. Dumke responded that the Olive Garden would object to the removal of the front row of parking and national chain developments are in high demand and the restaurant will locate elsewhere if plans are not satisfactory. Mr. Cummings stated that it appeared that the City has standards however there are exceptions to said standards. Mr. Dumke replied that neighboring properties are already established within the setback areas along Koeller Street. Mr. Vajgrt commented that there is currently very little landscaping on Koeller Street and the City could lose a good development by requiring landscaping and the loss of parking on the front of the site. Mr. Dumke stated that the redevelopment of a site is often more difficult than developing vacant land as you have to deal with the pre- existing conditions and area of the site. Mr. Burich questioned if it would be agreeable to add a few landscape features in the front with only the loss of a few parking stalls. Mr. Dumke felt that would be acceptable. Marge Bolding, 1138 Evans Street, stated that the detention pond on the site plan is not in the same location as it was on the site plan that was mailed out with the meeting notice. Mr. Buck responded that the public notices were sent out with the original site plan and the site plan was revised at the last minute with the pond being relocated to a different area. Ms. Bolding inquired if the detention pond would have fencing surrounding it. Mr. Buck replied that typically they are not fenced in but a safety shelf is on the edge which is shallower and it gradually gets deeper. Mr. Borsuk stated that he was concerned with stormwater issues not being addressed as this is a large site with existing flooding issues in the area. Mr. Gohde discussed the requirements for quantity and quality of stormwater management and pollution control requirements regarding impervious surfaces and the separate entities that deal with these issues. He stated that he discussed the situation with Mr. Dumke and agreed on a reasonable compromise. Item — 1200SKoeller- Rest &Com PD 7 There was brief discussion on the redevelopment of previously occupied sites and how the City regulates stormwater requirements of said sites compared to new developments. Mr. Thorns questioned why the same condition was not included for this site as the previous request regarding the detention basin design. Mr. Buck responded that it was not included as the detention basin would be screened completely by landscaping. It could be added if the Commission felt it was necessary. Mr. Borsuk commented that as far as the parking in front of the Olive Garden on Koeller Street, it does not matter what is to the north or south of it as the Vision Study reflected that citizens desire to have more landscaping in their community. At the time of the redevelopment of a site, these issues should be addressed and the parking stalls should be eliminated in front of the structure and replaced with landscaping. He also commented that he was frustrated with the way the City handles stormwater issues as he felt both the release and cleanliness should be addressed regardless of whether it is a newly developed site or a redevelopment. He would like to remove the parking both in front of the proposed restaurant and in the rear of the development. Mr. Thorns stated that he shared Mr. Borsuk's concerns with the stormwater issues but felt it was adequate of the developer was willing to address the issue by including the detention basin on the site. He felt that if the parking was to be removed in front of the restaurant due to setback requirements, the other retail building should be removed as well. As proposed, the development is even with existing site lines and the removal of the parking stalls in front of the restaurant will prevent the development from proceeding and he felt it fit into the site appropriately. Mr. Vajgrt questioned if the Commission members desired to add the condition related to the detention basin design with native plants as discussed previously. Board members unanimously decided to add condition #9 for the natural design of the detention basin Motion by Thoms to approve the development plan for the development of a restaurant, commercial building and commercial strip center at 1200 South Koeller Street as requested with the following conditions which includes the removal of the condition related to the reduced rear transitional yard setbackfor parking: 1) Base standard modification to setbacks: (a) Reduced front yard setback for parking from 25 feet to 0 -8 feet. (b) Reduced front yard setback for signage from 25 feet to 10 -14 feet. (c) Reduced front yard setback for building from 50 feet to 8 foot. (d) Reduced rear transitional yard setback for dumpsters from 25 feet to 20 feet. (e) Reduce the north side yard setback for paving from 15 feet to 0 feet. 2) Approve access control variances: (f) Permit two driveway accesses to the property. (g) Reduce the lateral clearance requirement from 75 feet to 45 feet. 3) Establish a walk directly from the freestanding retail structure entrance to the public sidewalk and remove the pedestrian walk connection to the property to the east. 4) Provide proof of cross - access agreements between the subject property and the properties adjacent to the north and the south. Item — 1200SKoeller- Rest &Com PD S) Base standard modification to reduce the required landscaping, as approved by the Department of Community Development. 6) Stormwater management, grading and erosion control plans be submitted to and approved by the Department of Public Works. 7) Final approval of building elevations for the strip center structure. 8) Approval of a master wall sign plan for strip center with the intent that signage styles be uniform on the structure. 9) Detention basin is designed without riprap above the water line and native plants be planted on the side slopes of the basin and emergent plants on the safety shelf. Seconded by Nollenberger. Motion by Borsuk to amend the conditions to remove condition 41A allowing a reduced front yard setback for parking. Seconded by Thoms. Ms. Propp commented that we need to encourage redevelopment of this site and will support the original motion but would not support the amendment. Mr. Nollenberger and Mr. Thorns agreed. Mr. Cummings stated that a decision was being made for the positioning of the Olive Garden structure in relation to the positioning of the Starbuck's location and he did not feel it was wise to make such a decision as what is there right now may not continue to exist in the future. Mr. Vajgrt commented that Starbuck's was not the only site as there were other structures positioned in the same location on Koeller Street. Motion on the amendment denied 3 -6 (Ayes- Borsuk/Cummings /McHugh. Nays - Thoms/Fojtikl Hinz/Propp /Vajgrt/Nollenberger) Motion carried 7 -2. ( Ayes- Thoms/Fojtik/ Hinz / Propp /McHugh/Vajgrt/Nollenberger. Nays - BorsuklCummings.) Item — 1200SKoeller- Rest &Com PD Cif of Oshkosh Ap SUBM To: ` y pp Dept. of Community Development Planned Development Review 215 Church Ave_, P.O. Box 1130 Oshkosh, Wisconsin 54903 -1130 OfHKOIH ❑ Conditional Use Permit Review PHONE: (920) 236 -5059 ON THE WATER * *PLEASE TYPE OR PRINT USING BLACK INK ** APPLICANT INFORMATION Petitioner: 1b�? (f �1` G �) L�t.� Date: Petitioner's Address: J l J)G S City: ,� �� State: t�, } � Zip: e t Telephone #: ( � �� Fax: 61P) L .� Contact # or Email: LV-W .l.e 0CV-,"r1 t 188 I ML30t Status of Petitioner (Please Check): Owner Representative Tenant . Prospective Buyer CUB , Petitioner's Signature (required); A 0_UA0_ a . _ ---Date: OWNER INFO , i ,r� r� � � 1 Owner(s): LPL. t l"C -%tY�► � y ` A V .l U H Date: E Owner(s) Address: e X2 � l I _ -�� City: �_ State: f Zip: C Telephone #: Fax: Q20) + tL j,4-' Other Contact # or Email: F 1 �` 1 c"_ m_Lixf k_ �" Ownership Status (Please Check): !individual "_ Ttust r . Partnership 'Corporation Property Owner Consent: (required) By signature hereon, I/We acknowledge that City officials and/or employees may, in the performance of their functions, enter upon the property to inspect or gather other information necessary to process this application. I also understand that all meeting dates are tentative and may be postponed by the Planing S ices Di for incomplete submissions or other administrative reasons. Property Owner's Signature: ( = = — Date: �{ SITE INFORMATION Address /Location of Proposed Project: I VW 'J, t�C.-�'� — LO-V - ! L Parcel No. I K9 6 Sl Proposed Project Type: V Vfit/C' VVA4UW TZ� f'��� L V �� 1 11� 0t— lam- Current Use of Property; Zotting: `- 1 Land Uses Surrounding Site: North: South: East: West: "Please note that a meeting notice will be mailed to all abutting property owners regarding your request. Application fees are due at time of submittal. Make check payable to City of Oshkosh. Please refer to the fee schedule for appropriate fee. FEE IS NON - REFUNDABLE For more information please the City's website at www.ei.oshkosi). Community _, Development /Platunitig.htni Staff `y & Date Recd vP_J I Briefly explain how the proposed conditional use /development plan will not have a negative effect on the issues below. I . Health, safety, and general Welfare of occupants of surrounding lands. N to tA T vet CCU 2. Pedestrian and vehicular circulation and safety. � MCC CC i l�co4e.�c��C'�— PC-V��i�J 3. Noise air water, or other forms of environmental pollution. 11�t N eel �f4 4. The demand for and availabilit of p ublic services and facilities. t. t�)Cjet 171,J61 I ITC 5. Character and future development of the area. `� E L 8 �� L! SZ9 � RD t-L V-e mA'T6 Lr> A NARRATIVE of the proposed conditional use0evelopment Plan including: ❑ Existing and proposed use of the property ❑ Identification of all structures (including paving, signage, etc.) on the property and discussion of their relation to the project ❑ Projected number of residents, employees, and/or daily customers ❑ Proposed amount of dwelling units, floor area, landscape area, and parking area expressed in square feet and acreage to the nearest one - hundredth of an acre • Effects on adjoining properties to include: noise, hours of operation, glare, odor, fumes, vibration, etc, • Compatibility of the proposed use with adjacent and other properties in the area. ❑ Traffic generation (anticipated number of customers, deliveries, employee shift changes, etc.) ❑ Any other pertinent information to properly understand the intended use /plan and its relation to nearby properties and the SUBMITTAL REQUIREMENTS — Must accompany the application to be complete. community as a whole A complete SITE PLAN and BUILDING ELEVATIONS must include: ❑ Two (2) full size (minimum 24" x 36") scaled and dimensioned prints of site plan and building elevations ❑ Two (2) 8 %" x 11 (minimum) to 11" x 17" (maximum) reduction of the site plan acid building elevations ❑ One compact disc or diskette with digital plans and drawings of the project in AutoCAD 2000 format with fonts and plot style table file (if plans have been prepared digitally) ❑ Title block that provides all contact information for the petitioner and/or owner and contact information of petitioner's engineerstsurveyorslarcltitecis, or other design professionals used in the preparation of the plans ❑ The date of the original plan and revision dates, if applicable ❑ A north arrow and graphic scale. • All property lines and existing and proposed right -of -way lines with dimensions clearly labeled • All required setback and offset lines ❑ All existing and proposed buildings, structures, and paved areas, including building entrances, walks, drives, signs, decks, patios, fences, walls, etc. • Location of all outdoor storage and refuse disposal areas and the design and materials used for screening • Location and dimension of all on -site parking (and off -site parking provisions if they are to be employed), including a summary of the number of parking stalls provided per the requirements of Section 30 -36 City of Oshkosh Zoning Ordinance ❑ Location and dimension of all loading and service areas ❑ Location, height, design, illumination power and orientation of all exterior lighting on the property including a photometrics plan ❑ Location of all exterior mechanical equipment and utilities and elevations of proposed screening devices where applicable (i.e. visible from a public street or residential use or district). 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This drawing is a compilation of records, data and information located in various city, county and state offices and other sources affecting the area shown and it is to be used for reference purposes only. The City of Oshkosh is not re- sponsible for any inaccuracies herein contained. If discrepencies are found, please contact the City of Oshkosh. Created by - dff RESTAURANT /RETAIL DEVELOPMENT 1200 S KOELLER ST Scale: 1" = 150' N O.IHKOlH ON THE WATER City of Oshkosh Department of Community Development 06/21/11 18 MININPI hat NMI .. IL:11 I[ s.r WM w ti m� s 0 its 1 01 J. ' I ' mmm lo J This map is neither a legally recorded map nor a survey and it is not intended to be used as one. This drawing is a compilation of records, data and information located in various city, county and state offices and other sources affecting the area shown and it is to be used for reference purposes only. The City of Oshkosh is not re- sponsible for any inaccuracies herein contained. If discrepencies are found, please contact the City of Oshkosh. DEVELOPMENT 1200 S KOELLER ST Scale: 1" = 150' N O.IHKOfH ox me wnr� City of Oshkosh Department of Community Development Created by - dff 06/2111 20 DISCLAIMER RESTAURANT /RETAIL O JULY 13, 2011 11 -305 RESOLUTION (CARRIED LOST LAID OVER WITHDRAWN ) PURPOSE: APPROVE SETTING PUBLIC HEARING DATE TO VACATE PORTION OF RATH LANE ADJACENT TO 1424 RATH LANE, 1900 OMRO ROAD & 1896 OMRO ROAD INITIATED BY: RAN -LIE INC., PETITIONER PLAN COMMISSION RECOMMENDATION: Approved WHEREAS, it appears that the public interest requires that that portion of the following described street or alley within the City of Oshkosh be vacated and discontinued: Partial Street Vacation / North side of Rath Lane, adjacent to 1424 Rath Lane, 1900 Omro Road and 1896 Omro Road NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that a hearing on the passage of the following resolution shall be held before the Common Council in the Council Chambers in the City Hall, City of Oshkosh, Winnebago County, Wisconsin, on Tuesday, August 23, 2011 at 6:00 PM of said day and the proper City officials are hereby authorized and directed to give notice of said hearing by personal service and publication of said hearing as provided by law. BE IT FURTHER RESOLVED by the Common Council of the City of Oshkosh pursuant to Section 66.1003(4) of the Wisconsin Statutes that it is hereby declared that since the public interest requires it, that portion of the following described street or alley within the City of Oshkosh, Winnebago County, Wisconsin, be vacated and discontinued: Partial Street Vacation / North side of Rath Lane, adjacent to 1424 Rath Lane, 1900 Omro Road and 1896 Omro Road 0 OYHKOlH ON THE WATER TO: Honorable Mayor and Members of the Common Council FROM: Darryn Burich Director of Planning Services DATE: July 7, 2011 RE: Approve Setting Public Hearing Date to Vacate Portion of Rath Lane Adjacent to 1424 Rath Lane, 1900 Omro Road & 1896 Omro Road (Plan Commission recommends approval) BACKGROUND The area encompassing this request involves approximately 7,350 square feet of Rath Lane right -of -way located north of Omro Road. The subject right -of -way was platted as part of Rath's Addition to service residential properties in 1940. The immediate area is mixed -use including single family residences (legal nonconforming), a restaurant, hotel and golf course. The Rath Lane right -of -way is 50 feet wide by 341 feet long and until recently provided access to the single family residences along Rath Lane and hotel and restaurant parking lots. With the reconstruction of the STH 21/USH 41 interchange, the Rath Lane connection to STH 21 has been eliminated and now connects to N. Koeller Street to the east. ANALYSIS As a result of the reconstruction plans for the area, a portion of Rath Lane will remain as unused right -of -way. The petitioner approached the City to vacate this section to incorporate the land into his three properties in the immediate vicinity. Staff believes this would be an opportunity for the owner to remove the nonconforming residential uses and reconfigure the existing separate parcels to redevelop commercially as recommended by the Comprehensive Plan. If approved, the vacation will create a nonconforming right -of -way access for one parcel which could be alleviated with either granting a subdivision variance or reconfiguring the lots. This vacation will also prohibit access for one parcel which will require the creation of a cross access easement. The Department of Public Works is recommending a utility easement be placed along the entire proposed vacation area as city sanitary sewer is located there and possibly other private utilities. The Wisconsin Department of Transportation supports this request as this right -of -way is no longer necessary for the USH 41 project. The petitioner will have to fulfill the recommended conditions prior to Council acting on the actual vacation request. FISCAL IMPACT None anticipated. RECOMMENDATION The Plan Commission approved of this request at its July 5, 2011 meeting. Approved, City Manager ITEM: PARTIAL RIGHT -OF -WAY VACATION OF RATH LANE FROM OMRO ROAD (STH 21) TO 147 FEET NORTH OF OMRO ROAD Plan Commission meeting of July 5, 2011 GENERAL INFORMATION Petitioner: Ran-Lie, Inc. Owner: City of Oshkosh Actions Requested: The applicant requests the vacation of Rath Lane from Omro Road (STH 21) to 147 feet north of Omro Road. Applicable Ordinance Provisions: WI State Stats. 66.1003 regulate the discontinuance of a public right -of -way. Property Location and Background Information: The area encompassing this request involves approximately 7,350 square feet of Rath Lane right - of -way located north of Omro Road. The subject right -of -way was platted as part of Rath's Addition to service residential properties in 1940. The immediate area is eclectic in its uses including single family residences (legal nonconforming), a restaurant, hotel and golf course. The Rath Lane right -of -way is 50 feet wide by 341 feet long and until recently provided access to the single family residences along Rath Lane and hotel and restaurant parking lots. With the reconstruction of the STH 21/USH 41 interchange, the Rath Lane connection to STH 21 has been eliminated and now connects to N. Koeller Street to the east. The petitioner, Ran-Lie, Inc., owns four properties in the immediate vicinity, three of which will receive portions of the proposed right -of -way vacation. Subject Site Exhting Land Use Zonin Public Right -of -Way C -2PD Adiacent Land Use and Zoning Existing Uses Zonin North Public Right -of -Way /Golf Course C -2 /C -2PD, R -1 South Vacant Land/Public Right -of -Way C -2 West Single - Family Residential C -2PD East Vacant Land C -2PD Comprehensive Plan Land Use Recommendation Land Use 10 Year Land Use Recommendation Commercial 20 Year Land Use Recommendation Commercial ANALYSIS As part of the U.S. Highway 41 reconstruction, the area is being reconfigured with roundabouts and restricted access to Highway 21. Rath Lane was deemed to close to the Highway 41 on and off ramps so the Wisconsin Department of Transportation rerouted Rath Lane to head east to connect into the newly constructed N. Koeller Street extension. As a result, the former Rath Lane connection to Highway 21 has been eliminated, leaving a section of unused right -of -way. The petitioner approached the City to vacate this no longer needed section of Rath lane to incorporate the land into his properties. Although the petitioner has not submitted any future development plans, staff sees this as an opportunity for the owner to remove the nonconforming residential uses and reconfigure or combine the four parcels to redevelop the site commercially as recommended by the Comprehensive Plan. If combined, the owner would have a sizable parcel available for redevelopment along one of the busiest streets in the city. Upon vacation, the right -of -way will be distributed to three adjoining properties, all owned by the applicant. The 1424 Rath Lane property will receive approximately 1,500 square feet of the right - of -way, 1900 Omro Road will receive approximately 2,175 square feet, and the vacant property on the east will receive approximately 3,675 square feet. One problem this vacation will create is the 1424 Rath Lane property will lose its current conforming right -of -way access of 60 feet (code required minimum) and will become 25 feet. This can be alleviated by either being granted a subdivision variance to allow a substandard right - of -way access, or have the lots reconfigured via Certified Survey to provide the 60 foot minimum access. Upon staff review, it was noticed that this vacation will prohibit vehicular right -of -way access for the 1900 Omro Road property and upon vacation, will require crossing over both the 1424 Rath Lane and vacant parcel to the east. As a condition, staff recommends a cross - access easement be created allowing vehicular access for the 1900 Omro Road property. The Department of Public Works has reviewed the request and does not have any concerns with the vacation except to ensure that a utility easement is provided. There is currently city sanitary sewer located within the Rath Lane right -of -way. There may also be the presence of other private utilities and therefore staff recommends a utility easement be placed along the whole width and depth of the proposed vacation. The Wisconsin Department of Transportation submitted a letter to the City Manager supporting this vacation request as the State no longer needs this right -of -way for the USH 41 project. Staff feels the right -of -way is no longer needed by the City and supports the vacation of this section of Rath Lane as it creates an opportunity for redevelopment and better utilization of this potentially prime commercial corridor property. RECOMMENDATION /CONDITIONS Staff recommends approval of the partial right -of -way vacation of Rath Lane with the following conditions: Item - RathLn St Vacation I . Utility and access easement is placed on the entire vacation area for any existing utilities. 2. Correct the substandard right -of -way access for 1424 Rath Lane via Certified Survey Map or Subdivision Variance granted by the Plan Commission. 3. Cross - access easement is created for the 1900 Omro Road property to utilize 1424 Rath Lane for street access. The Plan Commission approved of the partial right -of -way vacation as requested with conditions noted. The following is the Plan Commission's discussion on this item. Mr. Burich presented the item and reviewed the site and surrounding area and noted that there was an error in the staff report referring to 1625 Rath Lane and the correct address should be 1424 Rath Lane. He commented that the connection to Omro Road from Rath Lane was no longer necessary and reviewed the conditions recommended for this request. He also discussed access issues for surrounding properties created by the vacation of this area and how reconfiguration of the existing lots or cross access agreements would be necessary to remedy the situation. Mr. Thorns questioned if Rath Lane still has access to Omro Road. Steve Gohde, Assistant Director of Public Works, replied that access to Omro Road was discontinued previously during the reconstruction of USH 41 and it will be permanent with the construction of the new overpass in the near future. Mr. Thorns also questioned if this vacation would create problems for Fire Department access in this area. Mr. Burich responded negatively as there would still be access to this area from the east. Motion by Nollenberger to approve the partial right -of -way vacation of Rath Lane from Omro Road (STH 21) to 147 feet north of Omro Road as requested with the following conditions: 1. Utility and access easement is placed on the entire vacation area for any existing utilities. 2. Correct the substandard right -of -way access for 1424 Rath Lane via Certified Survey Map or Subdivision Variance granted by the Plan Commission. 3. Cross - access easement is created for the 1900 Omro Road property to utilize 1424 Rath Lane for street access. Seconded by Vajgrt. Motion carried 9 -0. Item - RathLn St vacation ( 0 OIHKOlH ON THE WATER 2060 OMRO ROAD * *PLEASE TYPE OR PRINT USING BLACK INK ** APPLICANT INFORMATION Petitioner: RAN – LIE INC. Petitioner's Address: 2060 OMRO ROAD Telephone #: ( 920) 231 -5010 City: OSHKOSH Fax: (920) 231-1725 Other Contact #or Email: Status of Petitioner (Please Check): Z Owner ❑ Petitioner's Signature (required): 27�D4— OWNER INFORMATION Owner(s): RAN – LIE INC. Owner(s) Address: City of Oshkosh General Application sentative ❑ Tenant ❑ Prospective Buyer SUBMIT TO: Dept. of Community Developmer 215 Church Ave., P.O. Box 1130 Oshkosh, WI 54901 PHONE: (920) 236 -5059 D ate :< 1Z State: WI Zip: 54904 � ` l2 Date: Date: City: OSHKOSH Telephone #: ( 920) 231 -5010 Fax: (920) 231 -1725 Other Contact # or Email: Ownership Status (Please Check): ❑ Individual ❑ Trust ❑ Partnership X Corporation State: WI Zip: 54904 Property Owner Consent: (required) By signature hereon, I/We acknowledge that City officials and/or employees may, in the performance of their functions, enter upon the property to inspect or gather other information necessary to process this application. I also understand that all meeting dates are tentative and may be postponed by the PlanninNSely ces Division for incomplete submissions or other administrative reasons. Property Owner's Signature: TYPE OF REOUEST: ❑ Access Control Variance ❑ Easement ❑ Privilege in Street (identify) ® Other (identify) TRANSFER OF PROPERTY TO RAN –LIE DEED SITE INFORMATION Address/Location of Proposed Project: 1424 RATH LANE Proposed Project Type: ENTRANCE TO 1900 OMRO ROAD AND 1424 RATH LANE Current Use of Property: SAME Zoning: COMMERCIAL Land Uses Surrounding Your Site: North: PUBLIC ROAD West: (2) RESIDENTIAL HOUSES ➢ Application fees are due at time of submittal. Make check payable to City of Oshkosh. ➢ Please refer to the fee schedule for appropriate fee. FEE IS NON - REFUNDABLE For more information please visit the City's website at www.ci.oshkosh.wi.us / Community _Development /Planning.htm Date: /: South: HIGHWAY 21 East: RESIDENTIAL LOT Staf Date Rec'd 4 SUBTOTTAL REOUIREMENTS - Must accompany the application to be complete. D A narrative of the proposed request / project including: ❑ Proposed use of the property 4A104 ❑ Existing use of the property - a,7.1 c ❑ Identification of structures on the property and discussion of their relati n to the project 13 Projected number of residents, employees, and/or daily customers.. ;vn c. ❑ Proposed amount of dwelling units, �QQor area, landscape area, and parking area expressed in square feet and acreage to the nearest one - hundredth of an acre. ,Uo�OI ❑ Effects on adjoining prop es to include; no se hours of o eration Iare odor, fumes vibration etc. ] gP P P ,g ❑ Surrounding land uses n% /,-; / *- k i ❑ Compatibility of the pr posed use with adjacent and other properties in the area. � • Traffic generation /V,9 y► e- • Any other information pertinent to adequate understanding of the intended use and its relation to nearby properties ➢ A complete site plan including: (as may be appropriate per your request) -- 1/O d/V,7 P ✓l • Two (2) full size (24" x 36 ") scaled and dimensioned prints of site plan and building elevations • Two (2) 8 '/:" x 11 (minimum) to 11" x 17" (maximum) reduction of the building elevations and site plan ❑ One compact disc or diskette with digital plans and drawings of the project in AutoCAD 2000 format with fonts and plot style table file (if plans have been prepared digitally) ❑ Title block that provides all contact information for the petitioner and/or owner, if different ❑ Full name and contact information of petitioner's engineers /surveyors /architects, or other design professionals used in the plan preparation 4110 ✓t. e ❑ The date of the original plan and latest date of revision to the plan • A north arrow and graphic scale. Said scale is not to be smaller than one inch equals sixty feet (1 " =60') unless otherwise approved by the Department of Community Development prior to submittal • All property lines and existing and proposed right -of -way lines with bearings and dimensions clearly labeled ❑ All required building setback and offset lines ❑ All existing and proposed buildings, structures, and paved areas, including building entrances, walks, drives, decks, patios, fences, walls ❑ Location of all outdoor storage and refuse disposal areas and the design and materials used for construction ❑ Location and dimension of all on -site parking (and off -,site parking provisions if they are to be employed), including a summary of the number of parking stalls provided per the requirements of Section 30 -36 City of Oshkosh Zoning Ordinance ❑ Location and dimension of all loading and service areas on the subject property • Location, height, design, illumination power and orientation of all exterior lighting on the property including a photometrics plan • Location of all exterior mechanical equipment and utilities and elevations of proposed screening devices where applicable (i.e. visible from a public street or residential use or district). Mechanical equipment includes, but is not limited to; HVAC equipment, electrical transformers and boxes, exhaust flues, plumbing vents, gas regulators, generators ay.:�L'tfe?+N�Au�NtlkAAb. ..,.r.,:pnF.� � ..cY�➢.LP'ra9i:q�, ........w`v a .. r .k:,:rfyly'dp�{wpTY,.:. � .., . __.. _.._— .,....,.,. � . ,. :10/11 /05 y 4 ,11SOONS Z4 , Division of Transportation 'a System Development >' #Q Northeast Regional Office 944 Vanderperren Way OFTRP Green Bay, WI 54304 April 12, 2011 MARK ROHLOFF CITY OF OSHKOSH ADMINISTRATOR 215 CHURCH AVENUE PO BOX 1130 OSHKOSH WI 54902 -1130 Project 1120 -11 -02 STH 21 — USH 45 USH 41 Winnebago County Scott Walker, Governor Mark Gottlieb, P.E., Secretary Internet web site: www.dot.wisconsin.aov Telephone: (920)492 -5643 Facsimile (FAX): (920)492 -5640 E -mail: ner.dtsd (@dot.wi.aov I am writing to you as a follow up to my December 8, 2010 letter and at the request of Norm Mueller to clarify the Wisconsin Department of Transportation position on the existing right -of- way on Rath Lane. In my December 8, 2010 letter I requested the City of Oshkosh reserve the existing Rath Lane right -of -way for use with the US 41/21 Interchange construction for 2012. On Friday April 1, 2011 Norm Mueller and I met to review his other property on the east side of US 41 north of Highway 21. Norm stated he would allow free use of some of his other property in the area to the contractor for the US 41/21 Interchange if needed. Given this availability of other land in the area by Norm Mueller at no cost to the contractor, WisDOT withdraws its request to hold the Rath Lane right -of -way vacation until after US 41/21 Interchange. This remains a City of Oshkosh decision to make on this issue. In conclusion, I would like to express my appreciation of the City of Oshkosh staff working with WisDOT on the US 41project. These coordination efforts make the project go much smoother in managing the project. If you have further questions feel free to call me or e -mail me at 920 -492- 0142 or e -mail me at tom.buchholzgdot.wi.gov em Tom Buchholz, P. . Project Manager Cc: David Patek Norm Mueller George Curtis STREET VACATION PORTION OF PATH LN PC: 07 -05 -11 BRE LQ PROPERTIES LLC 909 HIDDEN RIDGE STE 600 IRVING TX 75038 3822 1930 OMRO RD LLC RAN LIE INC 1930 OMRO RD 2060 OMRO RD OSHKOSH WI 54902 2656 OSHKOSH WI 54904 7799 P7 SUBJECT SITE I . 1 l . 1 1 Q ( I 1 1 I 1874 1870 14 I W R � R-O - -T _D_. _- _.___.- ___.____- _ 1T&II 11B.M' 1849 1847 r DISCLAIMER This map is neither a legally recorded map nor a survey and it is not intended to be used as one. This drawing is a compilation of records, data and information located in various city, county and state offices and other sources affecting the area shown and it is to be used for reference purposes only. The City of Oshkosh is not re- sponsible for any inaccuracies herein contained. If discrepencies are found, please contact the City of Oshkosh. Created by - dff STREET VACATION PORTION OF RATH LN Scale: 1" = 150' 0 N O.IHKOYH ON THE WATER City of Oshkosh Department of Community Development 06/21/11 10 i• 1 i 1= I I I = I I� I I� I I I I• 1� I I iJ iJ i ( I 1 1 I 1874 1870 14 I W R � R-O - -T _D_. _- _.___.- ___.____- _ 1T&II 11B.M' 1849 1847 r DISCLAIMER This map is neither a legally recorded map nor a survey and it is not intended to be used as one. This drawing is a compilation of records, data and information located in various city, county and state offices and other sources affecting the area shown and it is to be used for reference purposes only. The City of Oshkosh is not re- sponsible for any inaccuracies herein contained. If discrepencies are found, please contact the City of Oshkosh. Created by - dff STREET VACATION PORTION OF RATH LN Scale: 1" = 150' 0 N O.IHKOYH ON THE WATER City of Oshkosh Department of Community Development 06/21/11 10 1 a l ►r4 r���,� a i WIMP& ad �w MIR s V11 MEM ►C�1�11�' .. i it Ir K �-J1:► - i No r� Hai 111��1, •' • In - ''nI IN iC� iluL'9 O m SO M ml . ■■■■ ME M= ice= S :Zi>l C ■�■ .0 �� -= 1a113i�i ■t, so NO 11111111, RMS =111111 TAFT AVE. 3 ME am 2 WAS �� t ■1.� 11111 IICF! &! 0= ui Em 000=0 uj ONE • ■ ' __ - -- r �� ■an C i a) _.. __ . Pan 2� 2 110 m IN •41 d AIFFJ SOUTHLAND AN N will WfAt-O&I an MJ1 "A C� WE ��� _ Jul DISCLAIMER O This map is neither a legally recorded map nor STREET VACATION a survey and it is not intended to be used as one. This drawing isa compilation of county PORTION OF RATH LN N O.IHKOlH and information located in various s c i ty and state offices and other sources affecting ON THE WATER the area shown and it is to be used for reference City of Oshkosh purposes only. The City of Oshkosh is not re- Y sponsible for any inaccuracies herein contained. Department of If discrepencies are found, please contact the Scale: 1 �� = 150' Community Development City of Oshkosh. Created by - dff 06/21111 12 JULY 13, 2011 11 -306 RESOLUTION (CARRIED LOST LAID OVER WITHDRAWN ) PURPOSE: APPROVE ACQUISITION OF PROPERTY IN THE AMOUNT OF $625,000.00 AT 2449 STATE ROAD 44 FOR EXPANSION OF THE UNIVERSAL BUSINESS PARK INITIATED BY: CITY ADMINISTRATION BE IT RESOLVED by the Common Council of the City of Oshkosh that the proper City officials are hereby authorized and directed to purchase the property at 2449 State Road 44 for expansion of the Universal Business Park for the purchase price of Six Hundred Twenty -Five Thousand Dollars and NO /100 ($625,000.00) and the proper City officials are authorized to execute any and all documents necessary for purposes of same. Money for this purpose is hereby appropriated from Account No. 527 - 1040 - 1702 -00000 TIF #7 Fund — Land. e UNIVERSAL ., 4 Y \ Y Y X $ x Pm .l X l DR. \F ❑ LLJ El x ZQ0 0— W W. WAUKAU AVE. z 0 Ej IDS a5t O 0 0 N-� K'X �' w fm M I�I s ) .i' DISCLAIMER Acquisition for Business Park Expansion This map is neither a legally recorded map nor -------------------------------------- a survey and it is not intended to be used as one. 2449 State R 44 This drawing is a compilation of records, data 1 HK 1 H and information located in various city, county ON THE WATER and state offices and other sources affecting the area shown and it is to be used for reference City of Oshkosh purposes only. The City of Oshkosh is not re Department Of sponsible for any inaccuracies herein contained. If discrepencies are found, please contact the Community Development Scale: 1" = 300' Cit of Oshkosh. Created by - D 7/7111 TO: Honorable Mayor and Members of the Common Council FROM: Allen Davis, Community Development Director DATE: July 6, 2011 SUBJECT: Property Acquisition — Universal Business Park expansion BACKGROUND The City purchased and developed the Universal Business Park along STH 44. The property to the west of the Park is owned and had been operated by Roadway Express. This facility is now closed and the vacant trucking terminal remains. Roadway Express has offered the property for sale. The City, in concert with OAEDC, has negotiated a sales price for the property. The plan would be to demolish the trucking terminal and sell the land for future Business Park users or a corporate headquarters. ANALYSIS Since 1993, the City and OAEDC have successfully developed and sold land in the Universal Business Park: • OAEDC has sold 42 of 50 acres. There is no frontage left on STH 44. • The current tax base is about $19,500,000. • Land sales to date total $2,200,000, average sales price of $52,000 /acre. • It is currently home to over 40 businesses, contained in 16 Class A office buildings totaling over 136,000 sq.ft. • Land fronting on STH 44 has sold for $2.50 /sq.ft. There are current conditions and concerns with the Universal Business Park: • There is limited land available in the Universal Business Park for expansion. • Roadway Express terminal is for sale. • This is an opportunity to improve appearance of a major Gateway to the City. • The trucking terminal or potential industrial use is not compatible with the office uses in the Business Park. • The City needs a parcel for a possible Corporate Headquarters site in the City. • There is a need for more land with access to STH 44. The specifics of the Roadway Express property are as follows: • The Roadway property totals 8.5 acres. • The proposed purchase price is $625,000, under full market value of $663,400. • Demolition/environmental /legal costs are estimated to be $75,000. • Total estimated cost is $700,000. • Tax Increment Finance (TIF) District # 7 has approximately $9,000,000+ cash to fund the proposed purchase and site preparation. • TIF expenses must be completed in July, 2011. • The projected sales price of $2.50 /sq.ft. could yield $925,000. • OAEDC's 16% commission would total $148,000. Sales $925,000 Land - 625,000 Demolition -75,000 Commission - 148,000 Est. Net Gain $ 77,000 on purchase City's share of TIF "holding costs" of 3% for the land would equal to about $10,000 /year. (interest on the TIF fund balance) The property taxes not paid on the property due to City ownership would be $15,500 /year. The projected results for the property development are: • Development of about 40,000 sq.ft. of office space. • Added tax base of about $6,000,000 at $150 /sq.ft. • Added property tax revenue of about $138,000 /year. • One employee per 500 sq.ft. equal to 80 employees. • Income of $35,000 per employee equal to $2,800,000 annually. FISCAL IMPACT The Tax Increment Finance District #7 account has sufficient funds for the purchase. There is no impact on the City budget or levy. When Tax Increment Finance District 97 is closed in 2016, additional property value will be put on the tax roll. RECOMMENDATION The City Council approves the proposed acquisition. Approved, �r� � City Manager M -3 \ 5 M -3PD O� ,O -_ UNIVERSAL C-2 D O LEGEND R -3 0 Property Lines Zoning Boundaries R Zoning Designation Subject Property Acquisition of 2449 State Road 44 (1 Universal Business Park Expansion Q.!'HKOlH Scale: 1 " = 300' ON THE WRIER Zo ning M a p Source: City of Oshkosh GIS i s � • • i • • NIVERSAL • w Dr • • • • Subject • Site • i bry xs, • s � � � a!" - s i i i r - W. A ' ! a ! 's • - s yr} • E yyev yet Ae! _ °i' SKI 'Afl J �� • s LEGEND Property Lines Subject Property Storm Sewer -- r • � s - r . r •• •••rrr ; Sanitary Sewer �• ._ • - -- ma ilea as, a,eo m]e - ],n , Water Acquisition of 2449 State Road 44 Universal Business Park Expansion O.IHKOlH WATER ON THE war Public Utility Locations Scale: o f = 300' Source: City of Oshkosh GI 22 a ME s. IJ ,Ir P 4 i �. V J g w u- 1� ��. A A . E a � 1 rig LEGEND 11-1 - Property Lines Subject Property Acquisition of 2449 State Road 44 (D QY H MfH Universal Business Park Expansion Scale: 1" = 300' ON THE WATER Aerial View (April 2009) Source: City of Oshkosh GIS City of Oshkosh Property Assessor's Page 1 of 2 PARID: 1329450000 2011 ROADWAY EXPRESS INC 2449 STATE ROAD 44 Parcel Information $497,300.00 Address 2449 STATE ROAD 44 Class COMMERCIAL Zoning M -3 Owner ROADWAY EXPRESS Name ROADWAY EXPRESS INC In Care Of C/O STATE TAX DEPT Address PO BOX 471 Unit # $650,800.00 City AKRON State OH Zip Code 44309 Lot Size 0589322 Frontage Effective Depth Square Feet 371567 Acres 8.53 Shape Legal Description Desc E 462.98 FT OF SE1 /4 SW1 /4 SEC 33 LYG SELY OF RIPON RD & N OF W WAUKAU AVE Current Assessed Values Assessment Year 2011 Land $153,500.00 Building $497,300.00 Total $650,800.00 Fair Market Value $663,400.00 (set by State of WI in fall) 11880 Prior Assessed Values ROADWAY EXPRESS Assessment Year 2010 Land $153,500.00 Building $497,300.00 Total $650,800.00 Sales Date 25- APR -83 Price $245,000.00 Document # 0589322 Deed Type Grantor Grantee ROADWAY EXPRESS INC Sales Notes Commerical Building # 01 No. of Living Units Year Built 1978 Stories 2 Structure Type TRANSIT WAREHOUSE Total Area 11880 Improvement Name ROADWAY EXPRESS No. of Identical Units http: / /www.ci.oshkosh.wi.usl oshkosh _ias /FormsIPrintDatalet.aspx ?pin = 1329450000 &gsp =... 7/7/2011 City of Oshkosh Property Assessor's other Buildings and Yard Improvements Building #( Card #) 1 Description LIGHT - PARKING LOT Year Built 1978 Width Length Area 1 Units 11 Page 2 of 2 http: / /www.ci. oshkosh. wi. us/ oshkosh_iasIFormsIPrintDatalet. aspx ?pin = 1329450000 &gsp =... 7/7/2011 City of Oshkosh - E- Services - City Information Lookup - Real Estate Tax Home I Contact Us I External Links r" - Search Select Language Powered by gk' Translate Page 1 of 2 Imw I Want To... Government Departments E- Services Citizen Input Newsletter About us Real Estate Tax First Tax Year 2009 Assessor Information 6 Back to Real Estate Inquiry Page Parcel ID 'Address Last Name Name Year ! Due Credit Calendar of Events Lookup bV Parcel ID Tax Total Taxes Lottery First Total Elections Click on the Parcel ID to see Detail Tax Bill Information Name Year Due Credit Credit Payments Tax Year 2010 1329450000 2449 STATE ROADWAY 3rd Quarter 2009 $14,872.73 $0.00 Employment First Tax Total Taxes Lottery First Total Due Parcel ID Address Last Name Name Year Due Credit Credit Payments Fire Department Weather Forecast 1St 2nd Date Date Quarter Quarter 1329450000 2449 STATE ROADWAY 2010 $15,584.05 $0.00 $59.52 $15,524.53 Meeting Notices ROAD 44 EXPRESS INC Paid Paid Due Payment Payment Due 00/00 /0000 $14,816.58 $0.00 - $14,816.58 1/2912010 $0.00 00/00 /0000 Municipal Codes 1st 2nd 3rd Date Date 4th Date Date Net Balance ROAD 44 EXPRESS INC Quarter Paid Quarter Paid Quarter Paid Quarter Paid Taxes Due Pay Your Bill Online Payment Payment Payment Payment Due Paid Paid Payment Payment Paid Paid Payment Payment $15,524.53 1/2412011 $0.00 00 /00 /0000 $0.00 00/00 /0000 $0.00 00 /00 /0000 $15,524.53 $0.00 Police Department _ _ Osh -Buy First Tax Year 2009 First Total Parcel ID 'Address Last Name Name Year ! Due Credit Credit First Tax Total Taxes Lottery First Total Weather Observation Parcel ID Address Last Name Name Year Due Credit Credit Payments 1329450000 2449 STATE ROADWAY 3rd Quarter 2009 $14,872.73 $0.00 $56.15 $14,816.58 a , hk ,, h ROAD44 EXPRESSINC Paid Paid Payment Due Due $14,534.79 1/30/2009 $0.00 00 /00 /0000 $0.00 77 °F $0.00 Tax Year 2007 Weather Forecast 1St 2nd Date Date Quarter Quarter 3rd Quarter 4th Date Date Quarter Net Taxes Balance ,z Paid Paid Payment Payment Paid Paid Due Payment Payment Due 00/00 /0000 $14,816.58 $0.00 - $14,816.58 1/2912010 $0.00 00/00 /0000 $0.00 00 /00/0000 $0.00 2007 $14,369.66 $0.00 $0.00 Tax Year 2008 First Tax Total Taxes Lottery First Total Parcel ID 'Address Last Name Name Year ! Due Credit Credit Payments 1329450000 2449 STATE ROADWAY 2006 $14,563.60 $0.00 $28.81 $14,534.79 ROAD 44 EXPRESS INC 1st 2nd Date Date Quarter Quarter 3rd Quarter 4th _ Date Date Quarter Net Taxes Balance Paid Paid Payment Payment Payment Paid Paid Payment Due Due $14,534.79 1/30/2009 $0.00 00 /00 /0000 $0.00 00/00/0000 $0.00 00 /00 /0000 $14,534.79 $0.00 Tax Year 2007 First Tax Total Taxes Lottery First Total Parcel ID Address Last Name Name Year Due Credit Credit Payments 1329450000 2449 STATE ROADWAY 2007 $14,369.66 $0.00 $0.00 $14,369.66 ROAD 44 EXPRESS INC 1st _ 2nd _ Date Date Quarter Quarter 3rd 4th _ Date Date Quarter Quarter Net Taxes Balance Paid Paid Payment Payment Paid Paid Payment Payment Due Due $14,369.66 12/28/2007 $0.00 00 /00 /0000 $0.00 00 /00 /0000 $0.00 00 /00 10000 $14,369.66 $0.00 Tax Year 2006 Parcel ID 'Address Last Name First Tax Total Taxes Lottery First Total Name Year Due Credit Credit Payments http:// www. ci. oshkosh .wi.uslwebinfolReal_EstatelReal Estate ParID.asp?parid= 1329450000 7/7/2011 City of Oshkosh - E- Services - City Information Lookup - Real Estate Tax 2nd Date Page 2 of 2 1329450000 2449 STATE ROADWAY 2006 $14,024.74 $0.00 $0.00 $14,024.74 ROAD 44 EXPRESS INC Credit Payments 1329450000 2449 STATE ROADWAY 2004 $9,749.42 $0.00 1st 2nd 3rd Date Date 4th _ Date Date Net Balance Quarter Quarter Quarter Paid Paid Quarter Paid Paid Taxes Due Payment Payment Payment Payment Due $14,024.74 1119/2007 $0.00 00/00/0000 $0.00 00/00/0000 $0.00 00/0010000 $14,024.74 $0.00 Tax Year 2005 First Tax Total Taxes Lottery First Total Parcel ID !Address Last Name Name Year Due Credit Credit Payments 1329450000 2449 STATE ROADWAY 2005 $13,608.23 $0.00 $0.00 $13,608.23 ROAD 44 EXPRESSING 1st 2nd _ 3rd Date Date 4th Date Date Net Balance Quarter Quarter Quarter Paid Paid Quarter Paid Paid Taxes Due Payment Payment Payment Payment Due $13,608.23 1/26/2006 $0.00 00/00 /0000 $0.00 00 /00 /0000 $0.00 00/00 /0000 $13,608.23 $0.00 Tax Year 2004 2nd Date 3rd Date 4th _ Date First Tax Total Taxes Lottery First Total Parcel ID Address Last Name Name Year Due Credit Credit Payments 1329450000 2449 STATE ROADWAY 2004 $9,749.42 $0.00 $0.00 $9,749.42 ROAD 44 EXPRESS INC Payment Due list 2nd Date 3rd Date 4th _ Date Net Date Balance Quarter Quarter Paid Quarter Paid Quarter Paid Taxes Paid Due Payment Payment Payment Payment Due $2,437.37 1/31/2005 $2,437.35 3/28/2005 $2,437.35 3/28/2005 $2,437.35 3/28/2005 $9,749.42 $0.00 This screen reflects payments made to the City of Oshkosh for the current year tax bill through July 31 st only. After July 31st of each year, amounts remaining outstanding are transferred to Winnebago County. Payments made to Winnebago County are not reflected on this website. Please note that amounts showing in the 'Balance Due' column for previous years may or may not be paid. If a tax account is delinquent, interest will be added to the balance shown above. For the exact amount owing on current year taxes through July 31 st, please call the City of Oshkosh Collections Office at (920) 236- 5025. For the exact amount owing on prior year taxes, and current year taxes after July 31st, please contact the Winnebago County Treasurer's Office at (920) 2364777 or http' //www.co.winnebaao.wi.us/treasurerli)roi)erty-information 6 Back to Real Estate Inquiry Page 215 church Avenue • P.O. Box 1130 Oshkosh, WI 54903 -1130 • Phone Number 920.238.5000 City Hall Hours Monday - Friday: 8:00 a.m. - 4:30 p.m. m Copyright 2011 by the City of Oshkosh, Wisconsin All e-mail sent to the City of Oshkosh is subject to the Wisconsin open records law. �.. Reader _ ._ http: / /www.ci.oshkosh.wi.uslwebinfol Real _EstatelReal_Estate_ParID.asp ?parid= 1329450000 7/7/2011 JULY 13, 2011 11 -307 RESOLUTION (CARRIED LOST LAID OVER WITHDRAWN ) PURPOSE: APPROVAL OF CHANGE ORDER NO. 1 FOR PUBLIC WORKS CONTRACT NO. 11 -09 WITH DON HIETPAS & SONS, INC. FOR 9T" AVENUE WATER MAIN CONSTRUCTION ( +$116,017.16) INITIATED BY: DEPARTMENT OF PUBLIC WORKS BE IT RESOLVED by the Common Council of the City of Oshkosh that the following Change Order, a copy of which is attached, is hereby approved: DON HIETPAS & SONS, INC. P.O. Box 166 Little Chute, WI 54140 Net Increase to contract: $116,017.16 PURPOSE: See attached Change Order. BE IT FURTHER RESOLVED that money for this purpose is hereby appropriated from: Acct. No. 311- 0410- 7480 -00000 Sidewalk Construction Fund Acct. No. 317 - 0410 - 7480 -03303 Special Assessments Fund - Water Acct. No. 317 - 0410 - 7480 -03304 Special Assessments Fund - Sidewalks Acct. No. 541 - 1810 - 1799 -00000 Water Utility Constr. Work in Progress Acct. No. 551 - 1910 - 1799 -00000 Sewer Utility Constr. Work in Progress Acct. No. 561 - 2010 - 1799 -00000 Storm Water Utility Construction Work in Progress ( 0 OL HKOIH ON THE WATER MEMORANDUM TO: Honorable Mayor and Members of the Common Council FROM: Steven M. Gohde, Assistant Director of Public Works DATE: July 7, 2011 RE: Approval of Change Order No. 1 for Public Works Contract No. 11 -09 with Donald Hietpas & Sons Inc. for 9 Avenue Water Main Construction / ($116,017.16) BACKGROUND Change order number #1 for Contract 11 -09 is scheduled for consideration by the Common Council at the July 13, 2011 meeting. The contract was originally awarded to Donald Hietpas & Sons Inc. in March of 2011. ANALYSIS Following is a summary of the significant changes to each section of the CIP. - Concrete Paving- Additional pavement was removed and replaced. Removal and replacement for utilities will be charged to the actual utility requiring the work. -Storm Sewer- Additional pipe segments were found to need replacement during construction. -Water Main — Additional water main segments were replaced at side streets to remove main in poor condition. FISCAL IMPACT Contract Section Change Order Amount New Contract Total CIP Budget Amount Concrete Paving $58,618.30 "$451,964.80 $150,000 Storm Sewer $45,890.95 *$85,215.95 $55,500 Sanitary Sewer - $2,228.75 *$28,121.25 $47,500 Water Main $13,736.66 *$385,862.91 $783,900 Total $116,017.16 $951,164.91 $1,036,900 Adequate funds are available in the related sections of the 2011 Capital Improvement Budget. The Concrete Paving patching costs associated with utility repairs will be charged against the utility. * The approximate paving cost per utility are: $200,500 for Water Main, $26,000 for Storm Sewer and $14,800 for Sanitary Sewer. These costs will be charged against each Utility and increase the cost for each accordingly. The Concrete Paving section cost will be reduced by these amounts. The net cost for the Concrete Paving section will be approximately $211,000. Funds are available in due to other projects coming in under budget. RECOMMENDATIONS recommend approval of the Change Order #1 to Contact No. 11 -09 in the amount of $116,017.16. pectfully Submitted, Approved: J &��_454A Steven M. Gohde Asst. Director of Public Works City Manager L• \Engineering \11 -09 9th Ave Water Main\ Project_ Information \Correspondence\Memo \CO 1 - 11- 09.doc CHANGE ORDER # 1 DATED: June 24, 20111 TO: Donald Hietpas & Sons, Inc. P O Box 166 Little Chute WI 54140 Your present contract with the City of Oshkosh, Contract No. and changed as follows: NET INCREASE TO: SECTION I -CONCRETE PAVING NET INCREASE TO: SECTION II - STORM SEWER NET DECREASE TO: SECTION III - SANITARY SEWER NET INCREASE TO: SECTION IV -WATER MAIN NET INCREASE TO CONTRACT: Recommended: Director of Public Works W 11 -09 , is hereby amended $58,618.30 $45,890.95 ($2,228.75) $13,736.66 $116,017.16 CITY OF OSHKOSH City Manager City Clerk Approved and accepted: : ���A _Q::2t� Con_ or certify that provision has been made to pay the liability that will accrue to the City of Oshkosh, Wisconsin, under the within Change Order. Comptroller Approved as to form: City Attorney CONTRACT: 11 -09 CHANGE ORDER # 1 SECTION 1 - CONCRETE PAVING ITEM DESCRIPTION UNIT BID INSTALLED NET NET UNIT INCREASE IN DECREASE IN NUMBER removal, complete as Square QUANTITY QUANTITIES INCREASE DECREASE PRICE CONTRACT CONTRACT specified Feet 5750 5,025.00 - 725.00 $0.50 PRICE PRICE 100 Sidewalk and driveway UNIT BID INSTALLED NET NET UNIT INCREASE IN DECREASE 1N NUMBER removal, complete as Square QUANTITY QUANT171ES INCREASE DECREASE PRICE CONTRACT CONTRACT specified Feet 5750 5,025.00 - 725.00 $0.50 PRICE ($362.50) 101 8" non - reinforced concrete pavement removal and replacement (H.E.S.), with sawing, pavement ties, 6" base material, grading, and landscaping, complete as specified Square Yards 7975 9,165.00 1,190.00 $43.25 $51,467.50 102 12" radius curb head, Linear complete asspecified Feet 50 150.00 100.00 $10.00 $1,000.00 103 4" concrete sidewalk, Square complete asspecified Feet 3425 4,950.00 1,525.00 $3.85 $5,871.25 104 6" concrete sidewalk, Square com fete asspecified Feet 2390 2,750.00 360.00 $4.20 $1,512.00 105 3.5" asphaltic transition with base course, complete Square asspecified Yards 60 90.00 30.00 $42.75 $1,282.50 106 Sawing, complete as Linear specified Feet 30 60.00 30.00 $5.00 $150.00 107 Furnish and install No. 4 reinforcing bars (epoxy coated), complete as Linear s ecified Feet 1,830 769.00 - 1,061.00 $0.45 ($477.45) 108 Furnish and install detectable warning fields, Square complete asspecified Feet 32 88.00 56.00 $30.00 $1,680.00 109 Rout and seal existing cracks in pavement, Linear complete asspecified Feet 430 275.00 - 155.00 $3.00 ($465.00) 110 Adjust manholes and inlets, complete as s ecified Each 52 52.00 $250.00 111 Concrete pavement removal and 3 -1/2" asphalt patch, with saw cut and C.A.B.C, complete as Square specified Yards 80 0.00 -80.00 $38.00 1 ($3,040.00) SECTION I - (BID ITEMS 100 -111) - SUB - TOTALS $62,963.25 ($4,344.95) NET INCREASE TO: SECTION 1 $58,618.30 SECTION II - STORM SEWER 17EM DESCRIPTION UNIT BID INSTALLED NET NET UNIT INCREASE IN DECREASE 1N NUMBER QUANTITY QUANT171ES INCREASE DECREASE PRICE CONTRACT CONTRACT PRICE PRICE Page 1 of 6 CONTRACT: 11 -09 CHANGE ORDER # 1 ITEM DESCRIPTION NUMBER UNIT QUANTITY I QUANTITIES I INCREASE I DECREASE I PRICE 2036 Furnish and install 12 -inch storm sewer, complete as specified Linear Feet 2614 Furnish and install Type III 16 28.00 inlets with 18" sump, $1,330.00 $1,200.0( complete asspecified Each 2806 Furnish and install 14.00 QUANTITIES connection to existing $95.00 PRICE manhole, complete as CONTRACT specified Each 2856 Furnish and install Type D inlet protection, complete PRICE PRICE asspecified Each SECTION III - SANITARY SEWER 200 595.90 395.90 PRICE $70.5( 16 28.00 12.00 $1,330.00 $1,200.0( INCREASE IN CONTRACT DECREASE IN CONTRACT PRICE $27,910.95 PRICE $14,400.00 $250.00 $2,250.00 UNIT $1,330.00 SECTION II - (BID ITEMS 2036 -2856) - SUB - TOTALS $45,890.95 $0.00 NET INCREASE TO: SECTION II $45,890.95 7 16.00 9.00 BID INSTALLED $250.00 NET UNIT INCREASE IN DECREASE 1N 45 59.00 14.00 QUANTITIES INCREASE $95.00 ITEM NUMBER DESCRIPTION UNIT BID INSTALLED NET NET UNIT INCREASE IN DECREASE 1N QUANTITY QUANTITIES INCREASE DECREASE PRICE CONTRACT CONTRACT PRICE PRICE 3002 Furnish and install 10" sanitary sewer relay (spot repairs), complete as Linear specified Feet 60 66.50 6.50 $110.00 $715.00 3004 Furnish and install 12" sanitary sewer relay (spot repairs), complete as Linear specified Feet 100 108.00 8.00 $140.00 $1,120.00 3114 Furnish and install external chimney seals, complete 3118 asspecified Furnish and install internal Each 5 0.00 -5.00 $475.00 ($2,375.00) chimney seals, complete 3234 asspecified Furnish and install 4 "/6" Each 5 2.00 -3.00 $325.00 ($975.00) sanitary lateral relay, Linear complete asspecified Feet 50 36.00 -14.00 $50.00 ($700.00) 3236 Furnish and install sanitary lateral marker balls, complete as specified 3302 Furnish and install Each 8 6.00 -2.00 $25.00 ($50.00) connections of new sanitary main to existing 10" sanitary main, complete asspecified Each 4 4.00 $250.00 3304 Furnish and install connections of new sanitary main to existing 12" sanitary main, , complete ass ecified Each 6 6.00 $275.00 Page 2 of 6 CONTRACT: 11 -09 CHANGE ORDER # 1 ITEM DESCRIPTION UNIT BID INSTALLED NET NET UNIT INCREASE IN DECREASE IN NUMBER ductile iron water main QUANTITY QUANTITIES INCREASE DECREASE PRICE CONTRACT CONTRACT w /poly wrap (relay), PRICE PRICE 3700 Furnish and install closed Linear circuit televising of sanitary Feet 55 0.00 -55.00 $79.00 ($4,345.00) 4002 sewer, complete as Linear s ecified Feet 160 174.50 14.50 $2.50 $36.25 SECTION III - (BID ITEMS 3002 -3700 ) - SUB - TOTALS $1,871.25 ($4,100.00) NET DECREASE TO: SECTION III ($2,228,75) SECTION IV - WATER MAIN ITEM DESCRIPTION UNIT BID INSTALLED NET NET UNIT INCREASE IN DECREASE IN NUMBER ductile iron water main QUANTITY QUANTITIES INCREASE DECREASE PRICE CONTRACT CONTRACT w /poly wrap (relay), PRICE PRICE 4000 Furnish and install 4" ductile iron water main w /poly wrap (relay), complete as specified Linear fittin s not included Feet 55 0.00 -55.00 $79.00 ($4,345.00) 4002 Furnish and install 6" ductile iron water main w /poly wrap (relay), complete as specified Linear fittin s not included Feet 220 223.50 3.50 $78.00 $273.00 4004 Furnish and install 8" ductile iron water main w /poly wrap (relay), complete as specified Linear fittin s not included Feet 950 1,179.50 229.50 $75.45 $17,315.78 4008 Furnish and install 12" ductile iron water main w /poly wrap (relay), Linear complete asspecified Feet 545 571.50 26.50 $102.75 $2,722.88 4036 Furnish and install 1" water service relay, complete as Linear specified Feet 1,100 1,225.00 125.00 $60.00 $7,500.00 4038 Furnish and install 1 -1/2" water service relay, Linear complete asspecified Feet 100 0.00 - 100.00 $70.00 ($7,000.00) 4048 Furnish and install 1" corporation and stop box, complete asspecified Each 42 72.00 30.00 $300.00 $9,000.00 4050 Furnish and install 1 -1/2" corporation and stop box, complete asspecified Each 2 0.00 -2.00 $550.00 ($1,100.00) 4054 Furnish and install water service clay dams, complete asspecified Each 62 83.00 21.00 $100.00 $2,100.00 4058 Furnish and install connections to 6" water main, complete as specified Each 7 5.00 -2.00 1 $1,300.00 ($2,600.00) Page 3 of 6 CONTRACT: 11 -09 CHANGE ORDER # 1 ITEM NUMBER DESCRIPTION UNIT BID INSTALLED NET NET UNIT INCREASE IN DECREASE IN QUANTITY QUANTITIES INCREASE DECREASE PRICE CONTRACT CONTRACT PRICE PRICE 4064 Furnish and install connections to 12" water main, complete as specified Each 4 3.00 -1.00 $1,500.00 ($1,500.00) 4101 Furnish and install 6" x 6" tee, complete as specified Each 3 0.00 -3.00 $310.00 ($930.00) 4110 Furnish and install 8" x 6" tee, complete as specified Each 4 7.00 3.00 $365.00 $1,095.00 4128 Furnish and install 12" x 6" tee, complete as specified Each 4 2.00 -2.00 $450.00 ($900.00) 4129 Furnish and install 12" x 8" tee, complete as specified Each 2 5.00 3.00 $500.00 $1,500.00 4131 Furnish and install 12" x 12" tee, complete as specified Each 1 1.00 $585.00 4189 Furnish and install 8" x 8" cross, complete as specified Each 1 0.00 -1.00 $375.00 ($375.00) 4235 Furnish and install 4 -inch 45 degree bends, complete asspecified Each 2 2.00 $165.00 4236 Furnish and install 6 -inch 45 degree bends, complete asspecified Each 14 19.00 5.00 $210.00 $1,050.00 4237 Furnish and install 8 -inch 45- degree bends, complete ass ecified Each 2 3.00 1.00 $275.00 $275.00 4239 Furnish and install 12 -inch 45 degree bends, complete ass specified Each 4 4.00 $505.00 4253 Furnish and install 4 -inch cap, complete as specified Each 1 0.00 -1.00 $150.00 ($150.00) 4254 Furnish and install 6 -inch cap, complete as specified Each 2 3.00 1.00 $175.00 $175.00 4255 Furnish and install 8 -inch caps, complete as specified Each 4 0.00 -4.00 $210.00 ($840.00) 4257 Furnish and install 12 -inch caps, complete as specified Each 2 0.00 -2.00 $300.00 ($600.00) 4264 Furnish and install 8" x 6" reducers, complete as specified Each 3 5.00 2.00 $235.00 $470.00 4270 Furnish and install 12" x 8" reducer, complete as s ecified Each 1 1 1.00 $345.00 4401 Furnish and install 6 -inch gate valves, complete as specified Each 10 9.00 -1.00 $995.00 ($995.00) Page 4 of 6 CONTRACT: 11 -09 CHANGE ORDER # 1 ITEM DESCRIPTION UNIT BID [QUANTITY INSTALLED NET NET UNIT INCREASE IN DECREASE IN NUMBER stop box and rod only, QUANTITY QUANTITIES INCREASE DECREASE PRICE CONTRACT CONTRACT complete asspecified Each 0.00 1.00 1.00 $450.00 PRICE PRICE 4402 Furnish and install 8 -inch gate valves, complete as specified Each 4 6.00 2.00 $1,300.00 $2,600.00 4404 Furnish and install 12 -inch Each 0.00 1.00 1.00 $1,250.00 1 $1,250.00 gate valves, complete as specified Each 1 8 7.00 -1.00 $2,275.00 ($2,275.00) 4419 Furnish and install 6" x 6" tapping valve and sleeves, complete asspecified Each 1 1.00 $2,095.00 4445 Furnish and install 12" x 4" tapping valve and sleeve, complete as specified Each 1 1.00 $2,000.00 4446 Furnish and install 12" x 6" tapping valve and sleeve, complete as specified Each 2 2.00 $2,160.00 4447 Furnish and install 12" x 8" tapping valve and sleeve, complete as specified Each 2 2.00 $2,625.00 4500 Furnish and install hydrants, complete as specified Each 9 10.00 1.00 $2,750.00 $2,750.00 4502 Furnish and install gradeloks for hydrant branches, complete as specified Each 9 0.00 -9.00 $150.00 ($1,350.00) 4900 Abandon water main on 9th Avenue (S. Westfield St. to Knapp Street), Lump complete asspecified Sum 1 1.00 $8,800.00 9000 Extend existing water services, complete as specified Each 16 0.00 -16.00 $800.00 ($12,800.00) 9002 Re- connect existing water services, complete as specified Each 21 11.00 -10.00 $250.00 ($2,500.00) SECTION IV - (BID ITEMS 4000 -9002) - SUB - TOTALS $48,826.66 ($40,260.00) ADDITIONAL WORK REQUIRED: C.O. # 1 - SECTION IV ITEM DESCRIPTION UNIT BID INSTALLED NET NET UNIT INCREASE IN DECREASE 1N NUMBER stop box and rod only, QUANTITY QUANTITIES INCREASE DECREASE PRICE CONTRACT CONTRACT complete asspecified Each 0.00 1.00 1.00 $450.00 PRICE PRICE 4049 Furnish & install 1" curb stop box and rod only, complete asspecified Each 0.00 1.00 1.00 $450.00 $450.00 4060 Furnish and install connections to 8" water main, complete as specified Each 0.00 1.00 1.00 $1,250.00 1 $1,250.00 Page 5 of 6 CONTRACT: 11 -09 CHANGE ORDER # 1 ITEM NUMBER DESCRIPTION UNIT BID INSTALLED NET NET UNIT QUANTITY QUANTITIES INCREASE DECREASE PRICE 4254 Furnish and install 6 -inch cap, complete as specified Each 0.00 1.00 1.00 $175.00 4299 Furnish & install 6" sleeve, complete as specified Each 0.00 1.00 1.00 4302 Furnish & install 12" $295.00 sleeve, complete as Each 0.00 5.00 5.00 $600.00 ADDITIONAL WORK: C.O. # 1 (ITEMS 4049 -4302) - SUB -TOTAL NET INCREASE TO: SECTION IV NET INCREASE TO SECTIONS I, 11, III, IV NET DECREASE TO SECTIONS I, 11, 111, IV NET INCREASE TO CONTRACT: INCREASEIN DECREASEIN CONTRACT CONTRACT PRICE PRICE $175.00 $295.00 $3,000.00 $5,170.00 $0.00 $13,736.66 $164,722.11 ($48,704.95) $116,017.16 Page 6 of 6 JULY 13, 2011 11 -308 RESOLUTION (CARRIED LOST LAID OVER WITHDRAWN ) PURPOSE: AWARD BID FOR PUBLIC WORKS CONTRACT NO. 11 -03 TO LOWEST RESPONSIBLE BIDDER AS RECOMMENDED BY STAFF FOR THE WESTFIELD STREET BRIDGE INITIATED BY: DEPARTMENT OF PUBLIC WORKS WHEREAS, the City of Oshkosh has heretofore advertised forbids for the Westfield Street Bridge; and WHEREAS, upon the opening and tabulation of bids, it appears that the following is the most advantageous bid: 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. 311- 0410- 7480 -00000 Sidewalk Construction Fund Acct. No. 315 - 0410 - 7480 -00000 Street Improvement Fund Expenditures Acct. No. 317 - 0410 - 7480 -03301 Special Assessments Fund - Streets Acct. No. 317 - 0410 - 7480 -03302 Special Assessments Fund - Sewer Acct. No. 317 - 0410 - 7480 -03304 Special Assessments Fund - Sidewalks Acct. No. 541 - 1810 - 1799 -00000 Water Utility Constr. Work in Progress Acct. No. 551 - 1910 - 1799 -00000 Sewer Utility Constr. Work in Progress Acct. No. 561 - 2010 - 1799 -00000 Storm Water Utility Construction Work in Progress JULY 13, 2011 11 -309 RESOLUTION (CARRIED LOST LAID OVER WITHDRAWN ) PURPOSE: AWARD BID FOR PUBLIC WORKS CONTRACT NO. 11 -13 TO NORTHEAST ASPHALT, INC. FOR ASPHALT PAVING AND UTILITIES ON HIGH AVENUE ($756,654.50) INITIATED BY: DEPARTMENT OF PUBLIC WORKS WHEREAS, the City of Oshkosh has heretofore advertised for bids for Asphalt Paving and Utilities; and WHEREAS, upon the opening and tabulation of bids, it appears that the following is the most advantageous bid: NORTHEAST ASPHALT, INC. W6380 Design Drive Greenville, WI 54942 Total Bid: $756,654.50 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. 311- 0410- 7480 -00000 Sidewalk Construction Fund Acct. No. 315 - 0410 - 7480 -00000 Street Improvement Fund Expenditures Acct. No. 317 - 0410 - 7480 -03301 Special Assessments Fund - Streets Acct. No. 317 - 0410 - 7480 -03304 Special Assessments Fund - Sidewalks Acct. No. 551 - 1910 - 1799 -00000 Sewer Utility Constr. Work in Progress Acct. No. 561 - 2010 - 1799 -00000 Storm Water Utility Construction Work in Progress (0 OHKOH ON THE WATER MEMORANDUM TO: Honorable Mayor and Members of the Common Council FROM: Steven M. Gohde, Assistant Director of Public Works DATE: July 7, 2011 RE: Award Bid for Public Works Contract No. 11 -13 to Northeast Asphalt Inc. for the Asphalt Paving and Utilities on High Avenue / ($756,654.50) BACKGROUND The purpose of this project is to resurface High Avenue with asphalt pavement from Congress Avenue to Wisconsin Street. The project also includes curb and gutter repair and spot repairs to the sanitary sewer and storm sewer systems. ANALYSIS Engineering staff reviewed one bid. The low bid was received from Northeast Asphalt, Inc. of Greenville, WI. The total bid is $756,654.50. FISCAL IMPACT Funding for the project is in the 2011 Capital Improvement Program. Following is a summary of the available funds and the construction costs including engineering fees. Assessments will be levied to adjoining property owners per the assessment policy. CIP Section CIP Funds Budgeted Construction Costs with En r. Street/Sidewalk $790,000 $763,200 Storm Sewer $100,000 $39,200 Sanitary Sewer $100,000 $45,000 Totals $990,000 $847,400 RECOMMENDATIONS I recommend award to the low bidder, Northeast Asphalt, Inc., in the amount of $756,654.50. Respectfully Submitted, A Wyk Steven M. Gohde Asst. 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CL w 9 LL N N W> yLL LL LL E LL U LL U E N �f O M N �t N u) c7 O O a0 O (D cc) N (O 04 O O 0 — O N O N O N a7 N (O N 00 N 00 N W N 00 N M c) M M cn C) 0 0 0 0 0 o 0 O 0 0 0 0 0 0 o 0 O 0 o 0 0 0 0 0 0 0 0 Ef3 0 69 0 E9 0 69 0 69 0 E9 0 E9 0 61 0 69 0 EA 0 69 0 IA 0 69 F- 'c U Z C Ll O • C lb � U W 2 U 0 0 C> 0 0 0 o 0 O 0 o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Wo 0 0 E9 0 vi 0 69 0 69 0 va 0 W. 0 va 0 (fi 0 69 0 69 0 fR 0 69 0 y F- 'c U Z d � C m D U W M 2 U 0 O 0 o 0 O o o O 0 O 0 O 0 O 0 O 0 o 0 0 0 0 0 0 0 -ra 0 69 0 er> 0 69 0 ER 0 V o V% 0 vi 0 69 0 69 0 CA) 0 69 0 69 0 6R 6 0 H c U Z a 0 C m U W N 2 U O O O O O O O Cl O O O O O O O O O O O O O O (O n O O O N .0. 00 O O O O M O N O OD (O O O O O M O O O O 07 (D r lO N p H (O M LO 6H M E9 Cl) 69 C7 69 M 69 M V C E9 M 69 r C (D M 69 69 6 (C h 61) 69 U C y N > O N Q'It O O O O O O O O O O O (17 L (O C O O 0 O O O O O O O O M CL N LO O O O LO Co O O LO O O IT Q U N N N � V3 (D (H Cl) fA D7 E9 O_ N � T 0) (0 O O E9 69 69 69 64 69 69 N O C a o to m Z m E N N N E N N N r •C O N d d Z a a a O N M (D N M N N a a a ¢ ¢ ¢ O U U N LL U N LL L L L L L L O LL O n C O U U U U U U ('7 LL W C LU C w w w LL W W J J c J c Y i+7 N E O a w a Z' w a w o a w N p �p O O O d M N d r = 04 U N U d 61 0 y« CE U N N (9 N N N N O p p m co 1 w y N w N Q N . N i9 N O d O N O Gl N U E C 0 V N 7 M (O N x M (p N f0 _ N 0 N O fO N y Z' y 0 O U a U U CL N U w m C ° m O o y x ao y x _ y N c y 0 �° �a C v C 0 v C ° v U o° L m 3 Z W U) <] m U a a E 'c p cv — _ <t of N— U U U U° a� L) z ( (L) M U) =q E m E m E m E m E m c m � m � m o rn w J U c c C> a 0 ; U c N U c_ ( A U c_ N U c_ U O c () N V c to ((L c (A tC w (y N O C (!) Q = g F ° o ° a a a :@ a o N E a c E c E c N .X c _i O U d ui ( °? m 2 m � (a � m —° � � � ° M �° � N � o fO A F m ai m E N o N `o L `o L Z L L L L rn a a L) 0 N d N E E E M N C w E N N C w E N•- E IE O m ¢ C, ❑] ED LL LL LL D LL N � E Q7 N ai N l (7 L - LL LL LL y LL N y LL N N LL U @ ~ w (n U E O N N I t m (O co N OM a0 O O N M O O = M N M N M M N M N co M M ch M M M Cl) M C, JULY 13, 2011 11 -310 RESOLUTION (CARRIED LOST LAID OVER WITHDRAWN ) PURPOSE: AWARD BID FOR PUBLIC WORKS CONTRACT NO. 11 -23 TO KRUCZEK CONSTRUCTION, INC. FOR SANITARY SEWER CONSTRUCTION ON HAZEL STREET & ALLEY WEST OF SOUTH MAIN STREET ($256,256.56) INITIATED BY: DEPARTMENT OF PUBLIC WORKS WHEREAS, the City of Oshkosh has heretofore advertised for bids for Sanitary Sewer Construction on Hazel Street & Alley West of South Main Street; and WHEREAS, upon the opening and tabulation of bids, it appears that the following is the most advantageous bid: KRUCZEK CONSTRUCTION, INC. 3636 Kewaunee Road Green Bay, WI 54311 Total Bid: $256,256.56 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. 311- 0410- 7480 -00000 Sidewalk Construction Fund Acct. No. 315 - 0410 - 7480 -00000 Street Improvement Fund Expenditures Acct. No. 317 - 0410 - 7480 -03301 Special Assessments Fund - Streets Acct. No. 317 - 0410 - 7480 -03302 Special Assessments Fund - Sewer Acct. No. 317 - 0410 - 7480 -03304 Special Assessments Fund - Sidewalks Acct. No. 541 - 1810 - 1799 -00000 Water Utility Constr. Work in Progress Acct. No. 551 - 1910 - 1799 -00000 Sewer Utility Constr. Work in Progress Acct. No. 561 - 2010 - 1799 -00000 Storm Water Utility Construction Work in Progress ( 0 Of HKOf H ON THE WATER MEMORANDUM TO: Honorable Mayor and Members of the Common Council FROM: Steven M. Gohde, Assistant Director of Public Works DATE: July 7, 2011 RE: Award Bid for Public Works Contract No. 11 -23 to Kruczek Construction Inc. for Sanitary Sewer Construction on Hazel Street and Alley West of South Main Street ($256,256.56) BACKGROUND The purpose of this project is to replace old, deteriorated sections of sanitary sewer mains. The locations are Hazel Street from Melvin Avenue to New York Avenue and the alley west of S. Main Street between W. 14 Street and W. 15 Street. The related sanitary sewer laterals will be relayed and lead water laterals will also be replaced. Hazel Street will be patched with concrete. The alley will receive stone base and a new asphalt pavement. ANALYSIS Engineering staff reviewed eight bids. The low bid was received from Kruczek Construction Inc. of Green Bay, WI. The total bid is $256,256.56. FISCAL IMPACT Funding for the project is in the 2011 Capital Improvement Program. Following is a summary of the available funds and the construction costs including engineering fees. Street funding for the alley is from the asphalt mill and overlay program. The concrete patching on Hazel Street is charged to the sanitary sewer account. Funding is available for the storm sewer and water main section improvements from other projects coming in under budget. Assessments will be levied to adjoining property owners per the assessment policy. CIP Section CIP Funds Budgeted Construction Costs with En r. Street/Sidewalk $27,700 $27,700 Storm Sewer $12,000 $12,000 Sanitary Sewer $382,400 $238,200 Water Main $9,200 $9,200 Totals $431,300 $287,100 RECOMMENDATIONS I recommend award to the low bidder, Kruczek Construction Inc., in the amount of $256,256.56. Respectfully Submitted, Approved: JtE�__ X14& Steven M. Gohde Asst. Director of Public Works City Manager 1:\Engineering \11 -23 San Swr Relay -Hazel St\ Project _Information \Correspondence \Memo \award bid I 1- 23.doc CA N A W N O co co O V m C A W N O 3 W N CD - i TN DN CST N TC) C7cn � - 1 ° 2CnM0 D?CA AN � m m (O = CDn Cn co co g- cn W m n C N CD 01 C 3 3 N 0. C 0 N C N 'O C CD C0 n y F n 210 3 o CD O y N CD d N d_ o 3 °- CD m n n n D °1 O 3. W 1 N (D 7 N CD . n 2 -i V1 p7 C) C fu CA C'1 M< 7C' D CD . 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N D) C ( W fA C�11 EA A C O 72 n N 00 O) OD W OD O V N O —0 Cn V O N O Cn Ln O Cn O O O N O I 1 1 1-4 1 W O N O O o 10 Cn A .Z1 C2 n fA C a W W N fA CO 69 N fA A EA N 00 N fA Oo EA 00 69 W fA N 69 .A fA b9 69 7 CO t0 Cn (0 A M Cn A A o O —1 O O O N 07 O o N Cn 00 V ? W N O 00 V A W A N CO A O w V o O N — co N O N O m to j O N o Cn O O CD O CD O O t0 O O O O O l c> O O n O m 0 co O z PD C 0 M 0 fA 0 Hi 0 EA 0 iA 0 10 o EA O 4A o EW 0 lA 0 (A 0 to o <A O to O N - 0 0 0 0 0 0 0 0 0 0 0 o 0 O 0 o 0 o C. O 0 O 0 o 0 0 0 0 n = o m Z � co O z 0 c 0 v+ 0 rA o to O vi o fA 0 fA 0 fA o EA O to o 69 O EA o EA 0 eA 0 to 0 o) - 0 S . 0 0 0 0 0 o 0 O 0 o 0 0 0 0 I 0 0 0 0 0 0 0 0 0 c) 0 O JULY 13, 2011 11 -311 RESOLUTION (CARRIED LOST LAID OVER WITHDRAWN ) PURPOSE: APPROVE AGREEMENT WITH WISCONSIN DEPARTMENT OF TRANSPORTATION FOR CONSTRUCTION OF FERNAU AVENUE FROM JACKSON STREET TO VINLAND STREET ($957,410.00) INITIATED BY: DEPARTMENT OF PUBLIC WORKS BE IT RESOLVED by the Common Council of the City of Oshkosh that the attached Agreement with Wisconsin Department of Transportation for reconstruction of Fernau Avenue from Jackson Street to Vinland Street is hereby approve and the proper City officials are hereby authorized to execute and deliver the agreement in substantially the same form as attached hereto, any changes in the execution copy being deemed approved by their respective signatures, and said City officials are authorized and directed to take those steps necessary to implement the terms and conditions of the Agreement; BE IT FURTHER RESOLVED that money for this purpose is hereby appropriated from: Acct. No. 311- 0410- 7480 -00000 Sidewalk Construction Fund Acct. No. 315 - 0410 - 7480 -00000 Street Improvement Fund Expenditures Acct. No. 317 - 0410 - 7480 -03301 Special Assessments Fund - Streets Acct. No. 317 - 0410 - 7480 -03302 Special Assessments Fund - Sewer Acct. No. 317 - 0410 - 7480 -03303 Special Assessments Fund - Water Acct. No. 317 - 0410 - 7480 -03304 Special Assessments Fund - Sidewalks Acct. No. 317 - 0410 - 7480 -03305 Special Assessments Fund - Storm Water Acct. No. 541 - 1810 - 1799 -00000 Water Utility Construction Work in Progress Acct. No. 551 - 1910 - 1799 -00000 Sewer Utility Construction Work in Progress Acct. No. 561 - 2010 - 1799 -00000 Storm Water Utility Construction Work in Progress ( 0 7f H ON THE WATER TO: FROM DATE: RE: Honorable Mayor and Members of the Common Council Steven M. Gohde, Assistant Director of Public Works July 7, 2011 Approve Agreement with Wisconsin Department of Transportation (WDOT) for Construction of Fernau Avenue (Jackson Street to Vinland Street) BACKGROUND The WDOT provides funding for street construction to the Oshkosh area through a program called the STP -Urban Program. This program allocates state and federal funds to improve arterial and collector streets. ANALYSIS The Department of Public Works submitted an application for WDOT funding for Fernau Avenue in January of 2011. Fernau Avenue is one of the major east/west corridors for the north side of Oshkosh. Fernau Avenue from Algoma Boulevard to Vinland Street serves the existing Northwest Industrial Park. Fernau Avenue from Jackson Street to Moser Street serves the existing North Industrial Park. Completion of Fernau Avenue from Jackson Street to Vinland Street will allow traffic on Jackson Street (STH 76) to have access to the upgraded US Highway 41 — US Highway 45 Interchange. FISCAL IMPACT The total estimated cost to the City is $957,410. The WDOT will provide $973,440 for this project. Funding will be programmed in the Street Construction, Storm Sewer, Sanitary Sewer, and Water Main Sections of the 2014 Capital Improvement Program. RECOMMENDATIONS recommend approval of the Agreement. Respectfully Submitted, Steven M. Gohde Asst. Director of Public Works Approved: Mark A. Rohloff City Manager H:Atracyt \MEMOS TO MAYOR & COMMON COUNCIL \201 I \Approve WDOT Agreement -Const of Fernau Ave Ldoc STATE /MUNICIPAL AGREEMENT ���sconrS�ti FOR A STATE- LET URBANIZED .o AREA STP -URBAN PROJECT a c oFTRA Program Name: STP -Urban Population Group: 50,000 — 200,000 Sub - program #: 206 Date: June 7, 2011 I. D.: 4625 -01 -00/71 Road Name: W Fernau Ave Limits: Jackson St —Vinland St County: Winnebago Roadway Length: 0.5 miles Functional Classification: Collector Project Sponsor: City of Oshkosh Urbanized Area: Oshkosh The signatory, City of Oshkosh, hereinafter called the Municipality, through its undersigned duly authorized officers or officials, hereby requests the State of Wisconsin Department of Transportation, hereinafter called the State, to initiate and effect the highway or street improvement hereinafter described. The authority for the Municipality to enter into this agreement with the State is provided by Sections 86.25(1), (2), and (3) and Section 66.0301 of the Statutes. NEEDS AND ESTIMATE SUMMARY: All components of the project must be defined in the environmental document if any portion of the project is federally funded. The Municipality agrees to complete all participating and any non - participating work included in this improvement consistent with the environmental document. No work on final engineering and design may occur prior to approval of the environmental document. Existing Facility - Describe and give reason for request: Fernau Avenue is one of the major East/West corridors for the North side of Oshkosh. Fernau Ave (Algoma Blvd to Vinland Street) serves the existing NW Industrial Park and Fernau Ave (Jackson Street to Moser Street) serves the existing North Industrial Park. Completion of this section of Fernau Ave will allow traffic on Jackson Street (STH 76) to have access to the upgraded US Hwy 41 -US Hwy 45 interchange. It is part of a designated regional bicycle /pedestrian system. Proposed Improvement - Nature of work: The proposed project will be a new street construction. It will be an urban cross - section with 36 foot wide concrete pavement with curb and gutter and storm sewer. There are no existing sidewalks and is part of a designated regional bicycle /pedestrian system. Facilities will be constructed to accommodate bicycles and pedestrians. City of Oshkosh currently owns the 80' wide ROW required for the construction of this section of Fernau Avenue. The city installed public sanitary sewer in the ROW in 2004. Describe non - participating work included in the project and other work necessary to completely finish the project that will be undertaken independently by the Municipality. Please note that non - participating components of a project/contract are considered part of the overall project and will be subject to applicable Federal requirements: Installation of public watermain, construct sanitary sewer -water laterals to service adjoining private property, and adjust existing sanitary sewer manholes. N: \SPO \SM I A \Winnebago Page of 7 ID 4625 01- 00/71.= NE Region The Municipality agrees to the following 2011 -2014 Urbanized Area STP -Urban project funding conditions: Project construction costs are funded with 72% federal funding up to a maximum of $973,440 for all federally - funded project phases when the municipality agrees to provide the remaining 28% and all funds in excess of the $973,440 federal funding maximum, in accordance with the STP Urban program guidelines for projects in urbanized areas. Design, real estate, and utility costs are 100% locally funded. Non - participating costs are 100% the responsibility of the municipality. Any work performed by the Municipality prior to federal authorization is not eligible for federal funding. The Municipality will be notified by the State that the project is authorized and available for charging. This project is currently scheduled in State Fiscal Year 2014. In accordance with the State's sunset policy for Urbanized Area STP Urban projects, the subject 2011 -2014 Urbanized Area STP -Urban improvement must be constructed and in final acceptance within six years from the start of State Fiscal Year 2012, or by June 30, 2017. Extensions may be available upon approval of a written request by or on behalf of the Municipality to WisDOT. The written request shall explain the reasons for project implementation delay and revised timeline for project completion. The dollar amounts shown in the Summary Funding Table below are federal maximum amounts unless explicitly identified otherwise. The final Municipal share is dependent on the final Federal participation, and actual costs will be used in the final division of cost for billing and reimbursement. SUMMARY OF COSTS Federal Municipal PHASE Total Est. Cost Funds % Funds % ID 4625 - -00 State Review $41,850 $0 0% $41,850 100% ID 4625 -01 -71 Participating Construction $1,330,100 $957,672 72% $372,428 28 %+ BAL Non - Participating Construction $537,000 $0 0% $537,000 100% State Review $21,900 $15,768 72% $6,132 28 %+ BAL Total Est. Cost Distribution $1,930,850 $973,440 NIA $957,410 N/A `The percentage of project costs covered byfederal funding at approval, 72 %, is based on TIP Committee Action. Due to the federal funding cap, which is $973,440 for all federally - funded project phases, this percentage may change over the life of the project. This request is subject to the terms and conditions that follow (pages [ #] — [ #]) and is made by the undersigned under proper authority to make such request for the designated Municipality and upon signature by the State and delivery to the Municipality shall constitute agreement between the Municipality and the State. No term or provision of neither the State /Municipal Agreement nor any of its attachments may be changed, waived or terminated orally but only by an Instrument in writing executed by both parties to the State/Municipal Agreement. Signed for and in behalf of: City of Oshkosh (please sign in blue ink.) Name Title t Date Signed for and in behalf of the State: Name Title Date N: \SPO \SMA\Wmneba�o . Page 2 of 7 ID 4625 01= OOfl1' NE .Region GENERAL TERMS AND CONDITIONS: 1. All projects must be in an approved Transportation Improvement Program (TIP) or State Transportation Improvement Program (STIP) prior to requesting authorization. 2. Work prior to federal authorization is ineligible for federal funding. 3. The Municipality, throughout the entire project, commits to comply with and promote all applicable federal and state laws and regulations that include, but are not limited to, the following: a. Environmental requirements, including but not limited to those set forth in the 23 U.S.C. 139 and National Environmental Policy Act (42 U.S.C. 4321 et seq.) b. Equal protection guaranteed under the U.S. Constitution, WI Constitution, Title VI of the Civil Rights Act and Wis. Stat. 16.765. The municipality agrees to comply with and promote applicable Federal and State laws, Executive Orders, regulations, and implementing requirements intended to provide for the fair and equitable treatment of individuals and the fair and equitable delivery of services to the public. In addition the Municipality agrees not to engage in any illegal discrimination in violation of applicable Federal or State laws and regulations. This includes but is not limited to Title VI of the Civil Rights Act of 1964 which provides that "no person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance." The Municipality agrees that public funds, which are collected in a nondiscriminatory manner, should not be used in ways that subsidize, promote, or perpetuate illegal discrimination based on prohibited factors such as race, color, national origin, sex, age, physical or mental disability, sexual orientation, or retaliation. c. Prevailing wage requirements, including but not limited to 23 U.S.0 113 and Wis. Stat. 103.50. d. Buy America Provision and its equivalent state statutes, set forth in 23 U.S.C. 313 and Wis. Stat. 16.754. e. Competitive bidding requirements set forth in 23 U.S.0 112 and Wis. Stat. 84.06. f. All DBE requirements that the State specifies. g. Federal Statutes that govern the Surface Transportation Program, including but not limited to 23 U.S.C. 133. h. General requirements for administering federal and state aid set forth in Wis. Stat. 84.03. STATE RESPONSIBILITIES AND REQUIREMENTS: 4. Funding of each project phase is subject to inclusion in Wisconsin's approved 2011 - 2014 Urbanized Area STP -Urban program. Federal funding will be limited to participation in the costs of the following items, as applicable to the project: a. The grading, base, pavement, and curb and gutter, sidewalk, and replacement of disturbed driveways in kind. b. The substructure, superstructure, grading, base, pavement, and other related bridge and approach items. c. Storm sewer mains necessary for the surface water drainage. d. Catch basins and inlets for surface water drainage of the improvement, with connections to the storm sewer main. e. Construction engineering incident to inspection and supervision of actual construction work (except for inspection, staking, and testing of sanitary sewer and water main). N:\SPOISMA \Winnebago Page '3 of 7 ID,4625 -01- 00/71 _— NE Region f. Signing and pavement marking. g. New installations or alteration of street lighting and traffic signals or devices. h. Landscaping. i. Management Consultant and State Review Services. 5. The work will be administered by the State and may include items not eligible for Federal participation. 6. As the work progresses, the State will bill the Municipality for work completed which is not chargeable to Federal funds. Upon completion of the project, a final audit will be made to determine the final division of costs. If reviews or audits show any of the work to be ineligible for Federal funding, the Municipality will be responsible for any withdrawn costs associated with the ineligible work. MUNICIPAL RESPONSIBILITIES AND REQUIREMENTS: 7. Work necessary to complete the 2011 -2014 Urbanized Area STP -Urban improvement project to be financed entirely by the Municipality or other utility or facility owner includes the items listed below. a. New installations of or alteration of sanitary sewers and connections, water, gas, electric, telephone, telegraph, fire or police alarm facilities, parking meters, and similar utilities. b. Damages to abutting property after project completion due to change in street or sidewalk widths, grades or drainage. c. Detour routes and haul roads. The municipality is responsible for determining the detour route. d. Conditioning, if required and maintenance of detour routes. e. Repair of damages to roads or streets caused by reason of their use in hauling materials incident to the improvement. f. All work related to underground storage tanks and contaminated soils. g. Street and bridge width in excess of standards, in accordance with the current WisDOT Facilities Development Manual (FDM). h. Real Estate for the improvement. i. Preliminary Engineering and design. 8. The construction of the subject improvement will be in accordance with the appropriate standards unless an exception to standards is granted by WisDOT prior to construction. The entire cost of the construction project, not constructed to standards, will be the responsibility of the Municipality unless such exception is granted. 9. Work to be performed by the Municipality without Federal funding participation necessary to ensure a complete improvement acceptable to the Federal Highway Administration and/or the State may be done in a manner at the election of the Municipality but must be coordinated with all other work undertaken during construction. 10. The Municipality is responsible for financing administrative expenses related to Municipal project responsibilities. 11. The Municipality will include in all contracts executed by them a provision obligating the contractor not to discriminate against any employee or applicant for employment because of age, race, religion, color, N iSPO18MA\Winneb490 Page,4 of 7.: „ ID 4625, 01 00/71 — NE Region handicap, sex, physical condition, developmental disability as defined in s. 51.01 (5), sexual orientation as defined in s. 111.32 (13m), or national origin. 12. The Municipality will pay to the State all costs incurred by the State in connection with the improvement that exceed Federal financing commitments or are ineligible for Federal financing. In order to guarantee the Municipality's foregoing agreements to pay the State, the Municipality, through its above duly authorized officers or officials, agrees and authorizes the State to set off and withhold the required reimbursement amount as determined by the State from any moneys otherwise due and payable by the State to the Municipality. 13. In accordance with the State's sunset policy for Urbanized Area STP -Urban projects, the subject 2011 -2014 Urbanized Area STP -Urban improvement must be constructed and in final acceptance within six years from the start of State Fiscal Year 2012, or by June 30, 2017. Extensions may be available upon approval of a written request by or on behalf of the Municipality to WisDOT. The written request shall explain the reasons for project implementation delay and revised timeline for project completion. 14. If the Municipality should withdraw the project, it will reimburse the State for any costs incurred by the State on behalf of the project. 15. The Municipality will at its own cost and expense: a. Maintain all portions of the project that lie within its jurisdiction (to include, but not limited to, cleaning storm sewers, removing debris from sumps or inlets, and regular maintenance of the catch basins, curb and gutter, sidewalks and parking lanes [including snow and ice removal]) for such maintenance through statutory requirements in a manner satisfactory to the State, and will make ample provision for such maintenance each year. b. Regulate [or prohibit] parking at all times in the vicinity of the proposed improvements during their construction. c. Regulate [or prohibit] all parking at locations where and when the pavement area usually occupied by parked vehicles will be needed to carry active traffic in the street. d. Assume general responsibility for all public information and public relations for the project and to make fitting announcement to the press and such outlets as would generally alert the affected property owners and the community of the nature, extent, and timing of the project and arrangements for handling traffic within and around the project. e. Provide complete plans, specifications, and estimates. f. Provide relocation orders and real estate plats. g. Use the WisDOT Utility Accommodation Policy unless it adopts a policy, which has equal or more restrictive controls. h. Provide maintenance and energy for lighting. i. Provide proper care and maintenance of all landscaping elements of the project including replacement of any plant materials damaged by disease, drought, vandalism or other cause. 16. It is further agreed by the Municipality that: a. The Municipality assumes full responsibility for the design, installation, testing and operation of any sanitary sewer and water main infrastructure within the improvement project and relieves the state and all of its employees from liability for all suits, actions, or claims resulting from the sanitary sewer and water main construction under this agreement. WSPO \SMA\Wihnebago !„ Page 5 of :7 ID 4625 -01- 00171,- NERegion b. The Municipality assumes full responsibility for the plans and special provisions provided by their designer or anyone hired, contracted or otherwise engaged by the Municipality. The Municipality is responsible for any expense or cost resulting from any error or omission in such plans or special provisions. The Municipality will reimburse WisDOT if WisDOT incurs any cost or expense in order to correct or otherwise remedy such error or omission or consequences of such error or omission. c. The Municipality will be 100% responsible for all costs associated with utility issues involving the Contractor, including costs related to utility delays. d. All signs and traffic control devices and other protective structures erected on or in connection with the project including such of these as are installed at the sole cost and expense of the Municipality or by others, will be in conformity with such "Manual of Uniform Traffic Control Devices" as may be adopted by the American Association of State Highway and Transportation Officials, approved by the State, and concurred in by the Federal Highway Administration. e. The right -of -way available or provided for the project will be held and maintained inviolate for public highway or street purposes. Those signs prohibited under Federal aid highway regulations, posters, billboards, roadside stands, or other private installations prohibited by Federal or State highway regulations will not be permitted within the right -of -way limits of the project. The municipality, within its jurisdictional limits, will remove or cause to be removed from the right -of -way of the project all private installations of whatever nature which may be or cause an obstruction or interfere with the free flow of traffic, or which may be or cause a hazard to traffic, or which impair the usefulness of the project and all other encroachments which may be required to be removed by the State at its own election or at the request of the Federal Highway Administration, and that no such installations will be permitted to be erected or maintained in the future. LEGAL RELATIONSHIPS: 17. The State shall not be liable to the Municipality for damages or delays resulting from work by third parties. The State also shall be exempt from liability to the Municipality for damages or delays resulting from injunctions or other restraining orders obtained by third parties. 18. The State will not be liable to any third party for injuries or damages resulting from work under or for the Project. The Municipality and the Municipality's surety shall indemnify and save harmless the State, its officers and employees, from all suits, actions or claims of any character brought because of any injuries or damages received or sustained by any person, persons or property on account of the operations of the Municipality and its sureties; or on account of or in consequence of any neglect in safeguarding the work; or because of any act or omission, neglect or misconduct of the Municipality or its sureties; or because of any claims or amounts recovered for any infringement by the Municipality and its sureties of patent, trademark or copyright; or from any claims or amounts arising or recovered under the Worker's Compensation Act, relating to the employees of the Municipality and its sureties; or any other law, ordinance, order or decree relating to the Municipality's operations. 19. Contract Modification: This State /Municipal Agreement can only modified by written instruments duly executed by both parties. No term or provision of neither this State /Municipal Agreement nor any of its attachments may be changed, waived or terminated orally. 20. Binding Effects: All terms of this State /Municipal Agreement shall be binding upon and inure to the benefits of the legal representatives, successors and executors. No rights under this State /Municipal Agreement may be transferred to a third party. This State /Municipal Agreement creates no third- party enforcement rights. 21. Choice of Law and Forum: This State /Municipal Agreement shall be interpreted and enforced in accordance with the laws of the State of Wisconsin. The Parties hereby expressly agree that the terms contained herein and in any deed executed pursuant to this State /Municipal Agreement are enforceable by an action in the Circuit Court of Dane County, Wisconsin. PROJECT FUNDING CONDITIONS 22. The Municipality agrees to the following 2011 -2014 Urbanized Area STP -Urban project funding conditions: N: \SPO \S1VIA \Winueba�o ; Page 6 of 7' ID 4625 -01 -00/71 NE ;Region a. ID 4625- 01 -00: Design is funded 100% by the municipality. This phase includes Plan Development, Management Consultant Review, and State Review. The work includes project review, approval of required reports and documents and processing the final PS &E document for award of the contract. Costs for this phase include an estimated amount for state review activities. b. ID 4625- 01 -71: Construction: i. Costs for roadway, sidewalks, and storm sewer construction are funded with 72% federal funding when the municipality agrees to provide the remaining 28 %. ii. Non - participating Costs for Installation of public watermain, construct sanitary sewer -water laterals to service adjoining private property, and adjust existing sanitary sewer manholes are funded 100% by the Municipality. Costs include construction delivery. iii. Costs for this phase include an estimated amount for state review activities, to be funded 72% with federal funding and 28% by the Municipality. c. Project Cap: In accordance with STP -Urban program guidelines for projects in urbanized areas, State action and TIP Committee action, this project has a federal funding cap of $973,440. This federal funding cap applies to all federally funded project phases. [End of Document] N: \SPO \SN141Winnebago Page 7 of 7 lD 4625 -01= 00/71 NE Region JULY 13, 2011 11 -312 RESOLUTION (CARRIED LOST LAID OVER WITHDRAWN ) PURPOSE: AUTHORIZE POLICE DEPARTMENT GRANT /2011 EDWARD BYRNE JUSTICE ASSISTANCE GRANT (JAG) THROUGH U.S. DEPARTMENT OF JUSTICE FOR MISCELLANEOUS POLICE EQUIPMENT ($31,371.00) INITIATED BY: OSHKOSH POLICE DEPARTMENT BE IT RESOLVED by the Common Council of the City of Oshkosh that the proper City officials are hereby authorized and directed to approve application for a grant agreement with U.S. Department of Justice for: Edward Byrne Memorial Justice Assistance Grant to assist local law enforcement to purchase needed equipment or replacement equipment such as tactical vests with rifle plates, rifles, trunk containers for vests, rifle magazines, and pouches. BE IT FURTHER RESOLVED that the proper City officials are hereby authorized and directed to execute any and all documents required by the U.S. Department of Justice, Office of Justice Programs, Bureau of Justice Assistance for the purposes of same, and are further authorized and directed, if said grant is awarded, to accept such funds pursuant to the terms of the grant application and to purchase needed equipment with grant funds. BE IT FURTHER RESOLVED that money for this purpose is hereby appropriated from: Acct. No. 215 - 0211 - 6550 -00000 Police Special Fund - Minor Equipment City of Oshkosh Police Department 420 Jackson Street Oshkosh, WI 54901 Tel: 920 - 236 -5720 Fax: 920- 236 -5087 sgreuel @ci.oshkosh.wi.us www.oshkoshpd.com PROFESSIONALISM • PRIDE • INTEGRITY • TEAMWORK Scott D. Greuel Chief of Police TO: FROM DATE: RE: Honorable Mayor and Members of the Common Council Scott D. Greuel, Chief of Police July 6, 2011 Acceptance of Edward Byrne Memorial Justice Assistance Grant BACKGROUND The Oshkosh Police Department has been notified that we are eligible to receive a federal grant through the Edward Byrne Memorial Justice Assistance Grant (JAG) program. Program guidelines require that the application be available for review by the governing body of the unit of local government prior to submitting the application to the Bureau of Justice Assistance. A public notice was also printed in the Oshkosh Northwestern on June 23, 2011, without any public comments received by our agency. Specific funds to local governments are based on a formula that calculates direct allocations based on their share of total violent crime reported within the state, and our jurisdiction, as indicated on the annual Uniform Crime Report (UCR) that we are required to submit annually. The grant can be used to purchase equipment needed to support public safety services. The JAG grant application deadline is July 21, 2011. The eligible allocation to the city of Oshkosh under the Byrne JAG Grant is $31,371. The City of Oshkosh will act as the fiscal agent for this grant, which will be administered by the Oshkosh Police Department. A Memorandum of Understanding (MOU) will be signed by Winnebago County officials as well because of the disparate allocation of funds as no other law enforcement agency in Winnebago County will be receiving funds from this specific grant. ANAL NSTS We intend to utilize the grant funds to purchase protective tactical vests with rifle plates, and Kevlar helmets to be stored in every marked patrol squad to help protect officers against rifle and other high power weapons on high risk calls. The cost of the vests and helmets is approximately $15,000. The added protective equipment will supplement the soft body armor that officers are required to wear in the field. The regular soft body armor worn by officers may not be enough to protect our officers from the threat posed from persons armed with high powered rifles, such as was used in the killing of the Fond du Lac Police Officer in March 2011. The recent shooting death of a Fond du Lac police officer and the alarming increase in officer line of duty deaths by gunfire the past couple of years in the United States reminds us of the threats to safety faced by police officers in our communities on a regular basis. The tactical vests will also protect citizens that are The Mission of the Oshkosh Police Department is to promote public safety and to enhance the quality of life in our community through innovative policing and community partnerships being evacuated or extricated from the scenes of high risk or hazardous situations. These vests will be similar to those currently worn by officers of our Crisis Reaction Team (CRT) when deployed at a critical incident, and that are currently not available to other officers on an inner perimeter position or while holding the scene awaiting the arrival of CRT. We also intend to purchase approximately fifteen - twenty (15 -20) Colt rifles for duty use to replace the DPMS Panther Arms rifles currently available to officers from our rifle bank or multiple user cache. The cost of the rifles is approximately $12,000- $16,000. The reliability of the DPMS rifles has been questioned by our certified department rifle repair technicians because of a number of critical failures found in the firing mechanisms of those rifles during recent controlled qualification shooting and routine rifle maintenance. The parts in the DPMS rifles are not machined to the quality of the other Colt Rifles currently available to our officers, nor are they durable enough to sustain the number of rounds fired through them over a long period of time in our regular department training and qualification shooting. We need to be able to have enough reliable and dependable rifles available for use by at least two shifts of officers simultaneously, and to have adequate fire power to deal with the threats to officer and public safety during high risk incidents. By department policy, officers are required to have a long rifle available to them as a force option while on -duty. The current DPMS rifles will be traded to a licensed firearms dealer to reduce the cost of the purchase of the new Colt Rifles, and will be traded in compliance with Federal and State regulations. Any remaining grant money will be spent on vest containers for the squad trunks and /or extra rifle magazines. FISCAL IMPACT No budget funds will be used to support any of the equipment purchases for this grant and there are no matching funds required. On -going maintenance, repair or replacement of the protective equipment and rifles will be the only cost in the future as part of our regular annual maintenance costs for all of our duty weapons or equipment. SUMMARY If approved, we intent to submit the application by the established deadline, accept the eligible Byrne JAG funds allocated to the Oshkosh Police Department and purchase the equipment indicated in this memo within the established grant timelines. The Oshkosh Police Department will act as the fiscal agent, and specifics of the use of the grant will be outlined in the grant application that will be submitted by the deadline of July 21, 2011. Respectfully submitted, Scott D. Greuel Chief of Police City of Oshkosh Approved, _"_f�ZV&4r� Mark Rohloff City Manager City of Oshkosh JULY 13, 2011 11 -313 RESOLUTION (CARRIED, LOST LAID OVER WITHDRAWN ) PURPOSE: COUNCIL SUPPORT FOR AN OSHKOSH TRANSIT SYSTEM APPLICATION FOR FUNDING FOR NEW BUSES THROUGH U.S. DEPARTMENT OF TRANSPORTATION'S STATE OF GOOD REPAIR (SGR) PROGRAM INITIATED BY: TRANSPORTATION DEPARTMENT WHEREAS, the City of Oshkosh is a designated recipient of both federal assistance for mass transportation, as defined by 49 U.S.C. § 5307(a)(2), and state mass transit operating assistance program funds, as defined by Wis. Stats. 85.20, and WHEREAS, the Federal Transit Administration (FTA) has been delegated authority to award Federal financial assistance for capital investments to support mass transportation, and WHEREAS, FTA is responsible for administering capital grants through the State of Good Repair (SGR) Bus Initiative discretionary funding program, and WHEREAS, the Wisconsin Department of Transportation is preparing an application for SGR program funds on behalf of recipients of Wis. Stats. 85.20 funding, to go toward replacement of existing buses, and WHEREAS the Oshkosh Transit System has vehicles in its fleet which are eligible for replacement according to the objectives of the SGR program, and WHEREAS the City of Oshkosh's approved 2011 Capital Improvement Program allocates local funding toward the purchase of two replacement buses, and WHEREAS, the City has or will provide all required annual certifications and assurances to the Federal Transit Administration to receive grant funding through the SGR program; NOW, THEREFORE, BE IT RESOLVED BY the Common Council for the City of Oshkosh that the proper City officials are hereby authorized and directed to submit information to the Wisconsin Department of Transportation, Bureau of Transit, Local Roads, Railroads and Harbors, Bureau of Transportation Safety for its completion of an application for SGR funding on behalf of the Oshkosh Transit System. JULY 13, 2011 11 -313 RESOLUTION CONT'D BE IT FURTHER RESOLVED that the proper City officials are hereby authorized and directed to execute any and all documents required by the Wisconsin Department of Transportation, Bureau of Transit, Local Roads, Railroads and Harbors, for purposes of the same, and are further authorized and directed, if said grant is awarded, to accept such funds, pursuant to the terms of the grant application. ( 0 OfHKOfH City of Oshkosh - Transportation Department ON THE WATER 926 Dempsey Trail, Oshkosh, WI 54902 (920) 232 -5342 (920)232 -5343 fax MEMORANDUM TO: Honorable Mayor and Members of the Common Council q FROM: Christopher Strong, P.E., Director of Transportation `. =T DATE: July 8, 2011 RE: Resolution to Support Wisconsin Department of Transportation's Application for State of Good Repair (SGR) Program Funding for New Buses This resolution will serve as a letter of support for a Wisconsin Department of Transportation (WisDOT) application, which it is submitting on behalf of Wisconsin urban transit systems, for State of Good Repair (SGR) program funds. The SGR discretionary funding program is administered by the Federal Transit Administration, with the intent of improving the condition of existing transit assets, including vehicles and facilities. In the past, Federal funding has been available to cover 80 percent of the capital costs for transit vehicles and infrastructure projects. Increasingly, this Federal funding is being allocated through grant programs like SGR, making it necessary for the City to pursue these opportunities in order to offset the local costs of these capital investments. Through this program, the Federal share remains 80 percent, although if the funding is used to purchase a hybrid bus, this match percentage can be increased to 83 percent. The local share for purchasing two hybrid buses was included in the City's approved 2011 Capital Improvement Program, so approving this resolution will require no additional City funding. The City's bus fleet consists of four (4) 2010 hybrid diesel - electric buses, eleven (11) 2003 diesel buses, and two (2) 1997 diesel buses. The 1997 buses are at the end of their service life, so this grant funding is very timely in reducing the cost of vehicle replacement. City of Oshkosh — Transportation Department JULY 13, 2011 11 -314 RESOLUTION (CARRIED PURPOSE INITIATED BY LOST LAID OVER WITHDRAWN ) APPROVAL OF SPECIAL EVENT/ BETHEL WORSHIP CENTER TO UTILIZE THE 900 BLOCK OF E TENNESSEE AVENUE TO HOLD THE BETHEL WORSHIP CENTER BLOCK PARTY/ JULY 16, 2011 CITY ADMINISTRATION NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that approval is granted to Bethel Worship Center (Denise Nance) to close the 900 block of E. Tennessee Avenue between Evans and Grove Street on Saturday, July 16, 2011, from 1:00 p.m. to 6:00 p.m.; for their block party, in accordance with the municipal code and the attached application, with the following exceptions /conditions: BE IT FURTHER RESOLVED that as a condition of approval, the Event Organizer shall pay the City's actual costs for extraordinary services. Cost Estimates for Extraordinary Services none APPLICATION FOR SPECIAL EVENT PERMIT - TO BE RETURNED TO CITY CLERK GENERAL EVENT INFORMATION Official Name of Special Event: Start Date: 7f 4 -// End Date: 7 + 16 - /, Briefly describe your event. planned activities. Zd g A,1 ! `r U b r_ Be sure to include the purpose of the event and all 0/ EVENT SUN MON TUE WED THUR FRI SAT DATE SETUP TIME START TIME I oo STOP TIME !� TEAR DOWN / CLEAN UP " COMPLETED Location of Event: �U( q'l) ? 'r. 'S'r ti me s sf Gr r v U C Estimated Attendance (daily & total): y6 - 6 0 Number of Booths: Organization(s) Sponsoring Event: (including addresses) ' ;` JUL 06 2011 6 APPLICATION FOR SPECIAL EVENT PERMIT - TO BE RETURNED TO CITY CLERK Primary Contact: N i s fU A rJ G E- Daytime Telephone: 9 o- //f 6 9 7 3 Cell Phone: Fax: Email: k w tv,Pj Address: /.S/ 0 W r City: 0s /, K a51 , State: ,j 77 Zip Code: Vii% 5V )-- Secondary Contact: o ,Z — A a ';�- - A u:z::l 2 Daytime Telephone: o - o r D y z Cell Phone: Fax: Email: Address: J� J' S V; ti 16 1,/D City: b5�, �� o,s�, State: Zip Code: Onsite Primary Contact: - 5 - p, s A b o Cell phone: Fax: Email: Addi City: State: Zip Code: Onsite Secondary Contact: ,� a t, - r4 s A Cell phone: Fax: Email: Add i City: State: Zip Code: NOTE Either the primary or secondary onsite contact must be present onsite at all times during the event. 7 APPLICATION FOR SPECIAL EVENT PERMIT — TO BE RETURNED TO CITY CLERK SPECIAL EVENT CHECKLIST (please check all boxes that apply) Is your event a: • Festival / Music Concert • Religious / Educational • Rally / Memorial p Street / Block Party ❑ Parade / Fun Run / Walk- a -Thon ❑ March utilizing any Public Property • Public Assembly for Political Purpose • Sport Tournament (Fishing, Soccer, etc.) ❑ Other Location of event: ❑ Park or other public property z Public street, sidewalk, alley, or right of way ❑ Private property Will you have ❑ Alcoholic beverages (Additional permit required from City Clerk) r Food & non - alcoholic beverages (Additional permit required from Health Dept.) ❑ Non -food related sales and/or display booths (No additional permits required) • Tent and /or Canopy (Additional permit required from Inspections Dept.) (Digger's Hotline must be contacted minimum of 3 days before digging) • Generator(s) and /or additional electrical facilities (Additional permit required from Inspections Dept.) ❑ Fires or Candles (Additional permit required from Fire Dept.) • Fireworks (Additional permit required from Fire Dept.) • Activities in a park outside of normal operating hours (Waiver required from City Council) ❑ Barricades (Approval from City Clerk's office if in right of way) LV APPLICATION FOR SPECIAL EVENT PERMIT — TO BE RETURNED TO CITY CLERK V Amplified Sound ❑ Animals included or allowed in event (animals must be licensed and have proof of vaccination) z Cooking Equipment � (Fire Department approval required) We have made arrangements for Z'Restroom and hand washing facilities Solid waste and recycling services ❑ Event insurance ❑ Public safety & security / EMS services ❑ Electricity / Generators ❑ Fire extinguishers z—Advertising with banners or signs z Drinking water • Grey water and grease removal • Weather contingencies ❑ LP Gas ❑ Tent Heating Space Intentionally Left Blank APPLICATION FOR SPECIAL EVENT PERMIT - TO BE RETURNED TO CITY CLERK Special Event Public Safety and Security Plan Name of Event: E Tti ti t l y o 0-< � 1 P ( N T� 2 /6 k � Location of Event: q 0,3 �. �✓�✓ s s Date of Event: Time the Event is to Open: o 0 (� Sponsor of the Event: Estimated Attendance (daily and total): yo - Emergency Contact Information: Name: -- b f,y j _s �- h j m w c cL- Daytime Phone Number: Cell Number: 9 2 o •- �4 /O -4 5 7 3 Name: Daytime Phone Number: Cell Number. 92 - o - yt o 4 d y 2 Name: Daytime Phone Number: Cell Number: Primary Location of Event Staff at Event Site: Emergency Notification of the Public The public will be notified of safety and/or security issues in the following manner: 10 APPLICATION FOR SPECIAL EVENT PERMIT — TO BE RETURNED TO CITY CLERK Emergency Medical Services Name of Provider: Contact Person / Telephone Number: Location of Provider at Event Site: Fire Protection Name of Provider. Contact Person / Telephone Number: Location of Provider at Event Site: Number of Fire Extinguishers: Location of fire access roads: Securit Name of Provider: Contact Person / Telephone Number: Location of Provider at Event Site: Location of Missing Persons Station: Event Parking Locations: 11 APPLICATION FOR SPECIAL EVENT PERMIT — TO BE RETURNED TO CITY CLERK Severe Weather Contingency Shelter Locations: Have you confirmed that the locations will be open and available? Who will determine if your event is canceled or held? Phone number: Public Safety Site Plan Provide a schematic drawing of the event site location. The drawing must be legible and drawn to scale. The public safety plan must include the following items if they will be provided, or if they are required. r� 12 w w SUE. vJ � 0 1. Location of booths, stages, and event structures 2. Location of first aid stations 3. Location of information / ticket booths 4. Boundaries of the event 5. Location of fences 6. Location of exits and gates (gates must be numbered) 7. Location of Fire extinguishers 8. Location of severe weather shelters 9. Location of Fire / EMS access road 10. Location of security staff 11. Location of emergency contact event personnel 12. Location of assembly area and approximate occupant amounts 13. Location of event parking 4 Location of barricades 15. Location of generators 16. Location of temporary roadways w bl �' r� 12 w w SUE. vJ � 0 APPLICATION FOR SPECIAL EVENT PERMIT — TO BE RETURNED TO CITY CLERK Other Provide any other information that you feel should be considered Yes am have reviewed and have considered the Contingency Plan information provided by the City of Oshkosh along with this application (pages 11, 12) have reviewed and understand the City's Insurance requirements for Special Events as described in this document (pages 13, 14, and 15) I am enclosing the event's Public Safety Site Plan (see page 9) I am enclosing other information that I believe is necessary or helpful to describe the planned event SIGNATURE I am allowed to sign this application on behalf of the event sponsor. The information contained in this application for a Special Event permit is true, correct, and complete to the best of my knowledge. If there are any changes to the Special Event, I agree that I will promptly notify the City of Oshkosh of these, changes and request approval of them. o. (print name) (print title with organization) , ? _ (P _ (/ Date 13 APPLICATION FOR SPECIAL EVENT PERMIT — FOR REVIEW ONLY CONTINGENCY PLAN Event sponsors should review and consider the following issues when they are planning or preparing for an event. Many of these issues are required by one or more regulations, or are components of larger regulations. Considering other issues which may not be required should contribute to the planning and operation of the event. Developing responses to these questions should result in more productive and fruitful discussions with the various departments with the City during their review of the Special Event Application. 1. Weather related issues: rain, snow, severe storms, tornadoes, etc. a. If the weather forecast includes bad weather, will the event be cancelled? If so, how will attendees be notified? b. Develop a plan for the sudden onset of severe weather. Where will the people go and who is designated to assist in their safe arrival at the safe refuge place? c. Is there an area of safe refuge in case of a tornado? 2. Medical Issues a. Where will ambulance access to the event be in case one is needed? b. Who will conduct crowd control in the event of a medical emergency? C. Will a first aid station, with trained first aid provider, be provided at the event? Where ?�tj i h CGSurck t n5; a i S A (S ° R W 25 d. If applicable, is there adequate shade to prevent heat stroke? Will water be provided? Where? J� T C h u R c G, 3. Crowd Control a. Who will monitor the barricades? b. Who will work the entry gates? Maintain egress and access? C. Who will patrol the area to prevent incidents from getting out of control? LIa�-2S d. Develop a plan for those patrolling the crowd of what to do if they encounter unruly behavior. Have communications equipment. 14 APPLICATION FOR SPECIAL EVENT PERMIT - FOR REVIEW ONLY 4. Security a. Will there be Police Officers providing security? If so, contact the Police Department for applicable requirements or guidelines relating to the number necessary. b. If volunteers or private agencies provide security, will they have appropriate phone numbers for EMS, Fire, and Police? c. If applicable, what will security officials do if non - paying attendees breach the gate or perimeter? d. If a complaint is received, for example, for loud music, how and who will handle the complaint? e. Provide communications equipment. Portable radios, cell phones, and access to land lines. f. If applicable, secure monies in an area not accessible to the attendees. 5. Event Logistics a. Where will there be, or will there be, a staging area for support staff? b. What time will the crowd be disbursed and by whom? P K s t c) 2 - c. Who will conduct clean up? I D c "' ` S ` f J A tj c ` d. Remember to maintain fire lanes and access roads. e. Appoint one person to oversee and take responsibility for the event. Who? f- OJaAIc< f. Will an adequate amount of restroom facilities be provided? Where? =rj PV g. Is there adequate safe parking provided? Where? o rJ E v - js , C_ ( J Space Intentionally Leff Blank 15 SPECIAL EVENT INDEMNIFICATION AND HOLD HARMLE AGREEMENT (Medium and High Risk Events) EVENT: f-Tc ��' 3 �. N N - s £ �- I f 1 Im I TE R AM The event organizer agrees that it, and not the City, will be solely responsible for all incidents related to the event. This responsibility of the organizer to the City includes but is not limited to the actions of the event organizer, its officers, employees, agents, and volunteers, along with event vendors, contractors, subcontractors, participants, and visitors. In consideration for the City's approval of the Special Event, - 1� 4 & S L N A� N C �— the organizer of this event agrees to indemnify and hold harmless the City of Oshkosh, and its officers, council members, agents, employees, and authorized volunteers, from, for, and against and agrees to defend the same from and against, any and all suits, claims, grievances, damages, costs, expenses, judgments and/or liabilities, including costs of defense and reasonable attorneys fees, and further agrees to pay any settlement entered into or on behalf of, or judgment entered against, the foregoing individuals and/or entities. The event organizer shall abide by the City's insurance requirements for the event, including the addition of the City of Oshkosh, and its officers, council members, agents, employees, and authorized volunteers as additional insured's for the event. The individual(s) signing this agreement has the authority to enter into this agreement on behalf of the organizer(s) of the Special Event. EVENT ORGANTZER (print name of organizer) I -�, -r( (date) (signs (title) (signature) (date) (title) (print name) (print title) (print name) (print title) 17 S I, i �lJ � JULY 13, 2011 11 -315 RESOLUTION (CARRIED LOST LAID OVER WITHDRAWN ) PURPOSE: APPROVAL OF SPECIAL EVENT / WISCONSIN B.A.S.S. FEDERATION NATION / UTILIZE MENOMINEE PARK- MILLERS BAY FOR THEIR WISCONSIN B.A.S.S. FEDERATION NATION STATE TOURNAMENT / JULY 16 & 17, 2011 INITIATED BY: CITY ADMINISTRATION NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that approval is granted to Wisconsin B.A.S.S. Federation Nation (Dana Ecker) to utilize Menominee Park/ Miller's Bay on Saturday and Sunday, July 16 & 17, 2011, from 6:00 a.m. to 3:00 p.m. both days, for their Wisconsin B.A.S.S. Federation Nation State Tournament (bass fishing tournament), in accordance with the municipal code and the attached application, with the following exceptions /conditions: BE IT FURTHER RESOLVED that as a condition of approval, the Event Organizer shall pay the City's actual costs for extraordinary services. Cost Estimates for Extraordinary Services none �13'iM t APPLICATION FOR SPECIAL EVENT PERMIT — TO BE RETURNED TO CITY CLERK GENERAL EVENT INFORMATION Official Name of VV SG aH5 /," Start Date: cial Event- .,"� K rah 5 �a�G 7'dvr�G 9 ,5_5, Fer G r,* f U 7- End Date: 7 — / 7— /I Briefly describe your event. Be sure to include the purpose of the event and all planned activities. '6055 zYivrra � G �6 �, - le o �5 ct� ®� LRvAGro , k..G - Ir ( H 3jo^ EVENT SUN MON TUE WED THUR FRI SAT DATE SETUP TIME START TIME haw, STOP TIME 3 TEAR DOWN I CLEAN UP COMPLETED Location of Event: /Y xe -S ,gay T Estimated Attendance (daily & total): Z oo Number of Booths: Organization(s) Sponsonn Event: ITV l,5 GeW 3 .1 h �, /�. S, S {�Gr�r z` /Lar t 'o ` (including addresses) ZD /� S, fcrG/Ls�i Sze• ,-� ,�� ;�. � ;� �� I�� ��'.� JUN ® 2011 ` CITY CLERK0 U APPLICATION FOR SPECIAL EVENT PERMIT - TO BE RETURNED TO CITY CLERK Primary Contact: 0 Daytime Telephone: 30 3- Y,? Cell Phone: q - 3 Fax: 9a- u - :3 C/ Email: 0 iliyi f osk kt- 4 Address City: _ ,;L yo j w, tJa " -k-a-"- 1 .-e- State: 1:&) - it' Zip Code: Secondary Contact: 14wdy Cleve be—le Daytime Telephone: Cell Phone: Fax: Email: 7C- P15bW- t 4-ems., rr, -Om Address City: _ Z o l 5; S. , State: Zip Code: s' Onsite Primary Contact: 1� G lev e, c Cell phone: Fax: Email: Address: J"44/� S City: State: wX Zip Code: Onsite Secondary Contact: SGott S Me.,- Cell phone: /- "Y ! y - 3 `� -7- y Z Fax: Email: A5WMWfP6 SS j 11G @rte i 1 w ay k eG, VOL Add ress: City: _ Zip Code: NOTE Either the primary or secondary onsite contact must be present onsite at all times during the event. State: ql' 3 7 APPLICATION FOR SPECIAL EVENT PERMIT — TO BE RETURNED TO CITY CLERK SPECIAL EVENT CHECKLIST (please check all boxes that apply) Is your event a: ❑ Festival / Music Concert ❑ Religious / Educational ❑ Rally / Memorial ❑ Street / Block Party ❑ Parade / Fun Run / Walk- a -Thon • March utilizing any Public Property • Public Assembly for Political Purpose X Sport Tournament (Fishing, Soccer, etc.) ❑ Other Location of event: Park or other public property • Public street, sidewalk, alley, or right of way • Private property Will you have • Alcoholic beverages (Additional permit required from City Clerk) • Food & non - alcoholic beverages (Additional permit required from Health Dept.) ❑ Non -food related sales and/or display booths (No additional permits required) )j Tent and /or Canopy (shall 1 (Additional permit required from Inspections Dept.) (Digger's Hotline must be contacted minimum of 3 days before digging) ❑ Generator(s) and /or additional electrical facilities (Additional permit required from Inspections Dept.) ❑ Fires or Candles (Additional permit required from Fire Dept.) ❑ Fireworks (Additional permit required from Fire Dept.) ❑ Activities in a park outside of normal operating hours (Waiver required from City Council) ❑ Barricades (Approval from City Clerk's office if in right of way) ( '--' (ilk a4 /L-" �at.��C . � -� c Sam �w► v APPLICATION FOR SPECIAL EVENT PERMIT — TO BE RETURNED TO CITY CLERK Xf Amplified Sound ❑ Animals included or allowed in event (animals must be licensed and have proof of vaccination) ❑ Cooking Equipment (Fire Department approval required) We have made arrangements for • Restroom and hand washing facilities • Solid waste and recycling services K Event insurance • Public safety & security / EMS services • Electricity/ Generators • Fire extinguishers Advertising with banners or signs ❑ Drinking water ❑ Grey water and grease removal ❑ Weather contingencies ❑ LP Gas ❑ Tent Heating Space Intentionally Left Blank 0 APPLICATION FOR SPECIAL EVENT PERMIT - TO BE RETURNED TO CITY CLERK Special Event Public Safety and Security Plan Name of Event: l'1/ ! SGOh 5/' 8 . ,4, -<e Fatrat-a" lJlatIaH S� T °v ✓ya �K Location of Event: m' //LIr.S _60 Date of Event: Time the Event is to Open: 6 g"' Sponsor of the Event: �Samwe- Estimated Attendance (daily and total): z Da Emergency Contact Information: Name: _ 'J'Ply li /Gv-e, /a -,P Daytime Phone Number: 97- o- 6 3 Cell Number: Say. c Name: SGatt 5 Daytime Phone Number: 1- 111,41 - 39 7- `/ Z h'9 Cell Number: S.4 *4 Name: 81 Re- Daytime Phone Number: I -7 /S- ZoS- 7 97 4 Cell Number: Sa -e- Primary Location of Event Staff at Event Site: l/Gr,S �aY Emergency Notification of the Public The public will be notified of safety and /or security issues in the following manner: pt /,� . - 10 APPLICATION FOR SPECIAL EVENT PERMIT — TO BE RETURNED TO CITY CLERK Emergency Medical Services Name of Provider: :? // Contact Person / Telephone Number: Location of Provider at Event Site: Fire Protection Name of Provider: Contact Person I Telephone Number: Location of Provider at Event Site: Number of Fire Extinguishers: Location of fire access roads: Securit Name of Provider: FLl -le- ScGvr� � p ,arp, —3� Gat n -C Xt Contact Person / Telephone Number: Location of Provider at Event Site: Location of Missing Persons Station: Event Parking Locations: P�� at't' G Oy 1/trl't'�!/�? L.C.yt yGr 11 APPLICATION FOR SPECIAL EVENT PERMIT— TO BE RETURNED TO CITY CLERK Severe Weather Contingency Shelter Locations: Have you confirmed that the locations will be open and available? Who will determine if your event is canceled or held? Phone number: S"a,H S / /C, - 3 1 - Y Z yr Public Safety Site Plan Provide a schematic drawing of the event site location. The drawing must be legible and drawn to scale. The public safety plan must include the following items if they will be provided, or if they are required. 1. Location of booths, stages, and event structures 2. Location of first aid stations 3. Location of information / ticket booths 4. Boundaries of the event 5. Location of fences 6. Location of exits and gates (gates must be numbered) 7. Location of Fire extinguishers 8. Location of severe weather shelters 9. Location of Fire / EMS access road 10. Location of security staff 11. Location of emergency contact event personnel 12. Location of assembly area and approximate occupant amounts 13. Location of event parking 14. Location of barricades 15. Location of generators 16. Location of temporary roadways 12 7 J ` .e APPLICATION FOR SPECIAL EVENT PERMIT — TO BE RETURNED TO CITY CLERK Other Provide any other information that you feel should be considered Yes No have reviewed and have considered the Contingency Plan information provided by the City of Oshkosh along with this application (pages 1 /S I have reviewed and understand the City's Insurance requirements for Special Events as described in this document (pages �) j f - 2l I am enclosing the event's Public Safety Site Plan (see page -9) �o I am enclosing other information that I believe is necessary or helpful to describe the planned event SIGNATURE I am allowed to sign this application on behalf of the event sponsor. The information contained in this application for a Special Event permit is true, correct, and complete to the best of my knowledge. If there are any changes to the Special Event, I agree that I will promptly notify the City of Oshkosh of these changes and request approval of them. Date (print name) (print title with organization) 13 ,i i f, . APPLICATION FOR SPECIAL EVENT PERMIT— FOR REVIEW ONLY CONTINGENCY PLAN Event sponsors should review and consider the following issues when they are planning or preparing for an event. Many of these issues are required by one or more regulations, or are components of larger regulations. Considering other issues which may not be required should contribute to the planning and operation of the event. Developing responses to these questions should result in more productive and fruitful discussions with the various departments with the City during their review of the Special Event Application. Weather related issues: rain, snow, severe storms, tornadoes, etc. a. If the weather forecast includes bad weather, will the event be cancelled? If so, how will attendees be notified? b. Develop a plan for the sudden onset of severe weather. Where will the people go and who is designated to assist in their safe arrival at the safe refuge place? c. Is there an area of safe refuge in case of a tornado? 2. Medical Issues a. Where will ambulance access to the event be in case one is needed? b. Who will conduct crowd control in the event of a medical emergency? C. Will a first aid station, with trained first aid provider, be provided at the event? Where? d. If applicable, is there adequate shade to prevent heat stroke? Will water be provided? Where? 3. Crowd Control a. Who will monitor the barricades? b. Who will work the entry gates? Maintain egress and access? C. Who will patrol the area to prevent incidents from getting out of control? d. Develop a plan for those patrolling the crowd of what to do if they encounter unruly behavior. Have communications equipment. 14 t` f APPLICATION FOR SPECIAL EVENT PERMIT — FOR REVIEW ONLY 4. Security a. Will there be Police Officers providing security? If so, contact the Police Department for applicable requirements or guidelines relating to the number necessary. b. If volunteers or private agencies provide security, will they have appropriate phone numbers for EMS, Fire, and Police? c. If applicable, what will security officials do if non - paying attendees breach the gate or perimeter? d. If a complaint is received, for example, for loud music, how and who will handle the complaint? e. Provide communications equipment. Portable radios, cell phones, and access to land lines. f. If applicable, secure monies in an area not accessible to the attendees. 5. Event Logistics a. Where will there be, or will there be, a staging area for support staff? b. What time will the crowd be disbursed and by whom? c. Who will conduct clean up? d. Remember to maintain fire lanes and access roads. e. Appoint one person to oversee and take responsibility for the event. Who? f. Will an adequate amount of restroom facilities be provided? Where? g. Is there adequate safe parking provided? Where? Space Intentionally Left Blank 15 SPECIAL EVENT INDEMNIFICATION AND HOLD HARMLESS AGREEMENT (Medium and High Risk Events) EVENT: k SGONSrn K7.i,, S, S �GGlGra 2at , o" St c To�r"a"'�"� ORGANIZER: The event organizer agrees that it, and not the City, will be solely responsible for all incidents related to the event. This responsibility of the organizer to the City includes but is not limited to the actions of the event organizer, its officers, employees, agents, and volunteers, along with event vendors, contractors, subcontractors, participants, and visitors. In consideration for the City's approval of the Special Event, the organizer of this event agrees to indemnify and hold harmless the City of Oshkosh, and its officers, council members, agents, employees, and authorized volunteers, from, for, and against and agrees to defend the same from and against, any and all suits, claims, grievances, damages, costs, expenses, judgments and/or liabilities, including costs of defense and reasonable attorneys fees, and further agrees to pay any settlement entered into or on behalf of, or judgment entered against, the foregoing individuals and/or entities. The event organizer shall abide by the City's insurance requirements for the event, including the addition of the City of Oshkosh, and its officers, council members, agents, employees, and authorized volunteers as additional insured's for the event. The individual(s) signing this agreement has the authority to enter into this agreement on behalf of the organizer(s) of the Special Event. EVENT ORGANIZER (print name of organizer) (date) (signature) (title) (print name) (print title) (date) (signature) (title) (print name) (print title) 17 JULY 13, 2011 11 -316 RESOLUTION (CARRIED LOST LAID OVER WITHDRAWN ) PURPOSE: APPROVAL OF SPECIAL EVENT / AMVETS POST 7 TO UTILIZE 1571 W. SOUTH PARK AVENUE FOR THEIR FUND RAISER - AMVETS EAA / JULY 23, 2011 THROUGH JULY 30, 2011 INITIATED BY: CITY ADMINISTRATION NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that approval is granted to Amvets Post 7 (Dave Kinderman) to utilize 1571 W. South Park Avenue, Saturday and Sunday, July 23 & 24, 2011 from 7:00 a.m. to 12:00 midnight both days; and, Monday through Saturday, July 25, 26, 27, 28, 29, & 30, 2011, from 5:30 a.m. to 12:00 midnight each day; for their fundraiser for Amvets, in accordance with the municipal code and the attached application, with the following exceptions /conditions: BE IT FURTHER RESOLVED that as a condition of approval, the Event Organizer shall pay the City's actual costs for extraordinary services. Cost Estimates for Extraordinary Services none APPLICATION FOR SPECIAL EVENT PERMIT– TO BE RETURNS -TO C� CLERK GENERAL EVENT INFORMATIO VN 3d 211 Official Name of Special Event: A ,-.IV J � ' 7/� _ 5 C' �t Start Date: � � 4 � C_UJ V End Date: a Briefly describe your event. Be sure to include the purpose of the event and all planned activities. ® 0 7� r /� SZ rlrt n P �C�n� 7 V sL 11 /1 Q' /a.rt. lJ ip EVENT SUN MON TUE WED THUR FRI SAT DATE SETUP TIME ✓C �a ��C , START TIME STOP TIME /t l; t� ►C C'1���;,� -� l'����ti:� /'1�r���{ /►'�.��� %� �1��h�� n�,` ,,.° TEAR DOWN / CLEAN UP -� COMPLETED Location of Event: /57 qwV y �4 � w ( So 44 A4 /P , r Estimated A endance (daily & total): On ; A --PO o � 000 Number of Booths: t— Organization(s) Sponsoring Event: Lle �y Pod - _/ a (including addresses) 6 M APPLICATION FOR SPECIAL EVENT PERMIT - TO BE RETURNED TO CITY CLERK Primary Contact: A - f - / Ywl l Daytime Telephone: --7 Cell Phone: Fax: Email: Address: (20 "� Jo,- fk /V7a t City: 05l /ms 4 Secondary Contact: 6 wn I Daytime Telephone: d-a -379 - ,'K.s(T Cell Phone: 94te_. 379 Fax: Email: Address: 5-7 City: (- sk /a s 4 State: (rte— Zip Code: S d` State: „u�T- Zip Code: Onsite Primary Contact: Cell phone: yip --W 7P Fax: Email: Address: & ©"T .S City: 0,s Ako�c I^ State: w� Zip Code: Onsite Secondary Contact: wo Cell phone: °! 3 �- Fax: Email: Address: City: Y 5� ` n� State w Zip Code: NOTE Either the primary or secondary onsite contact must be present onsite at all times during the event. A" g ST 7 APPLICATION FOR SPECIAL EVENT PERMIT — TO BE RETURNED TO CITY CLERK SPECIAL EVENT CHECKLIST (please check all boxes that apply) Is your event a: • Festival / Music Concert • Religious / Educational • Rally/ Memorial • Street / Block Party • Parade / Fun Run / Walk- a -Thon • March utilizing any Public Property • Public Assembly for Political Purpose • Sport Tournament (Fishing, Soccer, a c. a( Other E4 �3c �� 4— Fv " . e + Location of event: • Park or other public property • Public street, sidewalk, alley, or right of way .Private property Will you have Alcoholic beverages (Additional permit required from City Clerk) Food & non - alcoholic beverages (Additional permit required from Health Dept.) Non -food related sales and /or display booths (No additional permits required) f.Tent and /or Canopy (Additional permit required from Inspections Dept.) (Digger's Hotline must be contacted minimum of 3 days before digging) 4 Generator(s) and /or additional electrical facilities (Additional permit required from Inspections Dept.) ❑ Fires or Candles (Additional permit required from Fire Dept.) • Fireworks (Additional permit required from Fire Dept.) • Activities in a park outside of normal operating hours (Waiver required from City Council) • Barricades (Approval from City Clerk's office if in right of way) 11 APPLICATION FOR SPECIAL EVENT PERMIT - TO BE RETURNED TO CITY CLERK • Amplified Sound • Animals included or allowed in event (animals must be licensed and have proof of vaccination) l Cooking Equipment (Fire Department approval required) We have made arrangements for Restroom and hand washing facilities Solid waste and recycling services Event insurance fL Public safety & security / EMS services V rlectcity / Generators ire extinguishers FL Advertising with banners or signs ,giDrinking water $-Grey water and grease removal V eather contingencies P Gas ❑ Tent Heating Space Intentionally Leff Blank APPLICATION FOR SPECIAL EVENT PERMIT - TO BE RETURNED TO CITY CLERK Special Event P Safety and Security Plan Name of Event: 1�9s g -n ✓ - S �� Location of Event: J 7 I kf Y L l W -SO L4 Date of Event: V ty oa3 V , j -Ttt ij 3 / P"� � 14,--t , 3-1 Time the Event is to Open: , /4 ot !�-� ll F�� Sponsor of the Event: " �7 Estimated Attendance (daily and total) Emergency Contact Information: Name: t(J oc �-+✓f �-�'nl -��+ Daytime Phone Number: ,,Io - o - 7 Cell Number: 7 Name: a Daytime Phone Number: 2d — 3 Cell Number: 9— Name: Daytime Phone Cell Number: Number: Primary Location of Event Staff at Event Site: 7 j -I j j ( u 7 Emergency Notification of the Public The public will be notified of safety and /or security issues in the following manner: io APPLICATION FOR SPECIAL EVENT PERMIT — TO BE RETURNED TO CITY CLERK Emergency Medical Services Name of Provider: CS00 S Contact Person / Telephone Number: 2�Z Location of Provider at Event Site: z Fire Protection Name of Provider: (9 S kh7 � c Contact Person / Telephone Number: Location of Provider at Event Site: C) Number of Fire Extinguishers: Location of fire access roads: W, it v T � A 4 Securi Name of Provider: E�i Si 7 - . Contact Person / Telephone Number: �� �G��`/!�a n,-ID— Location of Provider at Event Site: S?(A Sf. Location of Missing Persons Station: Event Parking Locations: �� r J�1 U / - f 11 APPLICATION FOR SPECIAL EVENT PERMIT — TO BE RETURNED TO CITY CLERK Severe Weather Contingency Shelter Locations: -5 - � - r +f pi Vs. Have you confirmed that the locations will be open and available? Ve S Who will determine if your eveipt is canceled or held? Phone Public Safety Site Plan Provide a schematic drawing of the event site location. The drawing must be legible and drawn to scale. The public safety plan must include the following items if they will be provided, or if they are required. 1. Location of booths, stages, and event structures 2. Location of first aid stations 3. Location of information / ticket booths 4. Boundaries of the event 5. Location of fences 6. Location of exits and gates (gates must be numbered) 7. Location of Fire extinguishers 8. Location of severe weather shelters 9. Location of Fire / EMS access road 10. Location of security staff 11. Location of emergency contact event personnel 12. Location of assembly area and approximate occupant amounts 13. Location of event parking 14. Location of barricades 15. Location of generators 16. Location of temporary roadways 12 APPLICATION FOR SPECIAL EVENT PERMIT — TO BE RETURNED TO CITY CLERK Other Provide any other information that you feel should be considered Yes No I have reviewed and have considered the Contingency Plan information provided by the City of Oshkosh along with this application (pages 11, 12) I have reviewed and understand the City's Insurance requirements for Special Events as described in this document (pages 13, 14, and 15) I am enclosing the event's Public Safety Site Plan (see page 9) I am enclosing other information that I believe is necessary or helpful to describe the planned event SIGNATURE I am allowed to sign this application on behalf of the event sponsor. The information contained in this application for a Special Event permit is true, correct, and complete to the best of my knowledge. If there are any changes to the Special Event, I agree that I will promptly notify the City of Oshkosh of these. changes ^request aRproval of them. r a ! n gdLpate 1 '� APPLICATION FOR SPECIAL EVENT PERMIT — FOR REVIEW ONLY CONTINGENCY PLAN Event sponsors should review and consider the following issues when they are planning or preparing for an event. Many of these issues are required by one or more regulations, or are components of larger regulations. Considering other issues which may not be required should contribute to the planning and operation of the event. Developing responses to these questions should result in more productive and fruitful discussions with the various departments with the City during their review of the Special Event Application. Weather related issues: rain, snow, severe storms, tornadoes, etc. a. If the weather forecast includes bad weather, will the event be cancelled? If so, how will attendees be notified? b. Develop a plan for the sudden onset of severe weather. Where will the people go and who is designated to assist in their safe arrival at the safe refuge place? c. Is there an area of safe refuge in case of a tornado? 2. Medical Issues a. Where will ambulance access to the event be in case one is needed? b. Who will conduct crowd control in the event of a medical emergency? C. Will a first aid station, with trained first aid provider, be provided at the event? Where? d. If applicable, is there adequate shade to prevent heat stroke? Will water be provided? Where? 3. Crowd Control a. Who will monitor the barricades? b. Who will work the entry gates? Maintain egress and access? C. Who will patrol the area to prevent incidents from getting out of control? d. Develop a plan for those patrolling the crowd of what to do if they encounter unruly behavior. Have communications equipment. 14 APPLICATION FOR SPECIAL EVENT PERMIT — FOR REVIEW ONLY 4. Security a. Will there be Police Officers providing security? If so, contact the Police Department for applicable requirements or guidelines relating to the number necessary. b. If volunteers or private agencies provide security, will they have appropriate phone numbers for EMS, Fire, and Police? c. If applicable, what will security officials do if non- paying attendees breach the gate or perimeter? d. If a complaint is received, for example, for loud music, how and who will handle the complaint? e. Provide communications equipment. Portable radios, cell phones, and access to land lines. f. If applicable, secure monies in an area not accessible to the attendees. 5. Event Logistics a. Where will there be, or will there be, a staging area for support staff? b. What time will the crowd be disbursed and by whom? c. Who will conduct clean up? d. Remember to maintain fire lanes and access roads. e. Appoint one person to oversee and take responsibility for the event. Who? f. Will an adequate amount of restroom facilities be provided? Where? g. Is there adequate safe parking provided? Where? Space Intentionally Left Blank 1 rz 4 ,lL,, e,f5 F40 ` -e t -�� w �° � ( 6 2 e / �� n��r mu� ® f 7 ', r--Q, a, � 5 �c7a ci f tIA SO 1 - 7ti ArA /T v� r 5 SPECIAL EVENT INDEIIN ICATION AND HOLD HARMLE AGREEMENT (Medium and High Risk Events) EVENT: L-45 eos� -7 FA N ORG ANIZER : D 'e q 60b w -0 if The event organizer agrees that it, and not the City, will be solely responsible for all incidents related to the event. This responsibility of the organizer to the City includes but is not limited to the actions of the event organizer, its officers, employees, agents, and volunteers, along with event vendors, contractors, subcontractors, participants, and visitors. Q Q In consideration for the City's approval of the Special Event, �`'�`a;S 6 �s 7 E4 T d the organizer of this event agrees to indemnify and hold harmless the City of Oshkosh, and its officers, council members, agents, employees, and authorized volunteers, from, for, and against and agrees to defend the same from and against, any and all suits, claims, grievances, damages, costs, expenses, judgments and/or liabilities, including costs of defense and reasonable attorneys fees, and further agrees to pay any settlement entered into or on behalf of or judgment entered against, the foregoing individuals and/or entities. The event organizer shall abide by the City's insurance requirements for the event, including the addition of the City of Oshkosh, and its officers, council members, agents, employees, and authorized volunteers as additional insured's for the event. The individual(s) signing this agreement has the authority to enter into this agreement on behalf of the organizer(s) of the Special Event. (date) (signature) (title) (print name) (print title) (print name) (print title) 17 E,7 ORGANIZER I (print name of organizer) rt ` a C O7= J 9� J d a D V 1� 0 0 0 L6 IT M c ,6L' 68Z c N CL O _O Y C N O 0 omZ� CLc USE E O U , < , I . W 10 Z fA Q cu C n r LO r ,A. 11 � 0 L L� 0 0 Y) i i co P is 1 1 0 r e gg 8 'O a � r g g IL g32 22 U W m FM Q Z cl) O aOW a � a w = W Z Cl) Cl) o O . a LL Q z O a � w � 0 o � ow LU W �mw a 0 O D U) W W Q Y 0 O _Z O J J O ti.: H 0 LL LU U Z Z O 0 Z Z N U) Y 2 Cl) O LL O H LU 1•- LL N F- Z W LL CY LU W 2 H F- LU Z J a O Z C R3 N • �l V N CL O L. CL O N O M co fA c O N L . x to cis C 0 N Q J U N > (6 4— I n) co 0 v O to t� c Z C O L CL O a E O 'C .y yJ E tV CL N s H m tU 7 N N 0 N O co N C Ri 'a 7 N N .Fi c� D T MI T T E 0 a O y.l .N C O N L Q. Q N O Y s N 0 O m L Jo- m � y N � m O t) N cp C m O t7 V C eo m E N E N C. 0 CL 5 • m 3 _ s m c c m o. w am O • N N Z M i T N M O N O LO N .v tD O > m y „ O N O N O U •a C C ca a w. • O = O Ri N s C t d m E •p Q m L 4- . O m m > a• y Q 4) • co tZ � m Q• Q• �com Q � Y LL V O C c o s 7 o co N Z O U H N Z J v L!J CL N C LL cm r = G E O � m O •� z d N N m O n. � C L 3 ` m m L_ LL Q • C x LU CITY OF OSHKOSH FILING FEE: $75.00 DEPT OF COMMUNITY DEVELOPMENT 215 CHURCH AVE ROOM 204 PAYABLE TO: OlHKOfH OSHKOSH WI 54901 CITY OF OSHKOSH ON THE WATER (920) 236 -5059 RETURN APPLICATION, SITE PLAN & FILING FEE TO ADDRESS NOTED ABOVE. TEMPORARY USE PERMIT Article III Administration Section 30 -12 Date Petitioner Petitioner's Address Signature & Zt 7titione Zn Print Name Owner (If Not PG Z r Owner's Address Owner's Signatur Print Name{ LOCATION OACTIVITY /' S DESCRIBE PR IVITY: S�6 es, - Phone f (2; - 1)) , 4 , q - 7/ 7 e r� Phone &J . S�'VT4 P,4 (4, -C, -tt I C, -es " ?6q Z 3 /-- P ?_ 2 3 7 ! � DATE(S) OF PROPOSED ACTIVITY: aV (y 3 TO d jy 3 C7 Note: Each submittal shall include a complete reproducible site plan, including but not limited to, all structures, parking, landscaping, lot lines, topographic lines, floodway and floodfringe lines, streets, and other manmade or natural features associated with the site, with a north arrow and scale, and distances noted therein. / (CITY USE ONLY) Approved Denied Approved With Conditions Comments - : � y f wz mA�t rt lE t _j>r_4 J lb ' xV be- 1 L- 4 Date 4f 3f// Reviewed by: Dept of Community Developme Staff (1 copy to applicant; original filed in building permit file) 6/96; 12002; tempprmt JULY 13, 2011 11 -317 RESOLUTION (CARRIED LOST LAID OVER WITHDRAWN ) PURPOSE: APPROVAL OF SPECIAL EVENT / FIRST CAST TOURNAMENTS / UTILIZE MENOMINEE PARK FOR THEIR FIRST CAST TOURNAMENT — WINNEBAGO EVENT/ JULY 23, 2011 INITIATED BY: CITY ADMINISTRATION NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that approval is granted to First Cast Tournaments (Chris Wenzel) to utilize Menominee Park on Saturday, July 23, 2011, from 5:30 a.m. to 3:00 p.m. for their First Cast Tournament — Winnebago Event (bass fishing tournament), in accordance with the municipal code and the attached application, with the following exceptions /conditions: BE IT FURTHER RESOLVED that as a condition of approval, the Event Organizer shall pay the City's actual costs for extraordinary services. Cost Estimates for Extraordinary Services none APPLICATION FOR SPECIAL EVENT PERMIT - TO BE RETURNED TO CITY CLERK GENERAL EVENT INFORMATION Official Name of Special Event: Cam[ 5 - — O a - ltd i n (\-p f a. G r) Start Date: `'� e - 1 � End Date: 7 - Z✓' Briefly describe your event. Be sure to include the purpose of the event and all planned activities b r _ R EVENT SU MON TUE WED HUR FRI SAT DATE SETUP TIME START TIME STOP TIME 3' TEAR DOWN f CLEAN UP COMPLETED Location of event: Gx Estimated Attendance (daily & total): ` 7 y Number of Booths: Organization(s ! ti__ nsonn - -5 (including addresses on (D)ry FA rv` w <� RJL q C F 0L e i i a APPLICATION FOR SPECIAL EVENT.PERMIT - TO BE RETURNED TO CITY CLERK Primary Contact: C�k C t �, (0 & t Daytime Telephone: Cell Phone: Fax: - I Email: � c C-ZS rn Addi City: Secondary Contact: _ Daytime Telephone: _ Cell Phone: Fax: Email: Addr( City: Onsite Primary Contact: Cell phone: Fax: Email: Address: City: Onsite Secondary Contact: Cell phone: Fax: Email: State: t m ) :7'" Zip Code: State: State: Zip Code: Zip Code: Address: City: _ State: Zip Code: NOTE Either the primary or secondary onsite contact must be present onsite at all times during the event. 7 APPLICATION FOR SPECIAL EVENT PERMIT - TO BE RETURNED TO CITY CLERK SPECIAL EVENT CHECKLIST (please check all boxes that apply) Is your event a: • Festival / Music Concert • Religious / Educational • Rally / Memorial • Street / Block Party • Parade / Fun Run / Walk- a -Thon • March utilizing any Public Property • Public Assembly for Political Purpose Sport Tournament (Fishing, Soccer, etc.) o Other Location of event: or other public property X - Park Public street, sidewalk, alley, or right of way o Private property Will you have • Alcoholic beverages (Additional permit required from City Clerk) • Food & non - alcoholic beverages (Additional permit required from Health Dept.) • Non -food related sales and /or display booths (No additional permits required) • Tent and /or Canopy (Additional permit required from Inspections Dept.) (Digger's Hotline must be contacted minimum of 3 days before digging) ❑ Generator(s) and /or additional electrical facilities (Additional permit required from Inspections Dept.) • Fires or Candles (Additional permit required from Fire Dept.) • Fireworks (Additional permit required from Fire Dept.) • Activities in a park outside of normal operating hours (Waiver required from City Council) • Barricades (Approval from City Clerk's office if in right of way) APPLICATION FOR SPECIAL EVENT PERMIT — TO BE RETURNED TO CITY CLERK o Amplified Sound o Animals included or allowed in event (animals must be licensed and have proof of vaccination) ❑ Cooking Equipment (Fire Department approval required) We have made arrangements for o Restroom and hand washing facilities ❑ Solid waste and recycling services o Event insurance ❑ Public safety & security / EMS services o Electricity / Generators o Fire extinguishers ❑ Advertising with banners or signs ❑ Drinking water • Grey water and grease removal • Weather contingencies • LP Gas • Tent Heating Space Intentionally Left Blank C' APPLICATION FOR SPECIAL EVENT PERMIT — TO BE RETURNED TO CITY CLERK Special Event Public Safety and Security Plan Name of Event: Pf f S �— Ca 5 f` 71.2c c n ,w.a,n & o Location of Event: M p,h � �Q �d Date of Event: c l c> t � Z - � f Time the Event is to Open: S� a ry� -- Sponsor of the Event: E f a+ + Cu I = Estimated Attendance (daily and total): 0 I. Emeraencv Contact Informat` n: Name: c c's Daytime Phone Number: _ 60,,a Cell Number: / y Name: Daytime Phone Number: Cell Number. Name: Daytime Phone Number: Cell Number: Primary Location of Event Staff at Event Site: P , ( t Emergency Notification of the Public The public will be notified of safety and/or security issues in the following manner: 1 0 APPLICATION FOR SPECIAL EVENT PERMIT — TO BE RETURNED TO CITY CLERK Emergency Medical Services Name of Provider: C Contact Person I Telephone Number: Location of Provider at Event Site: Fire Protection � 1 Name of Provider: ` Contact Person / Telephone Number: Location of Provider at Event Site: _ Number of Fire Extinguishers: Location of fire access roads: Securi Name of Provider: Contact Person / Telephone Number: Location of Provider at Event Site: Location of Missing Persons Station: Event Parking Locations: 11 APPLICATION FOR SPECIAL EVENT PERMIT — TO BE RETURNED TO CITY CLERK Severe Weather Contingency Shelter Locations: Have you confirmed that the locatiorlsfwM be open and available? Who will detewime if Der \ y Public Safety Site Plan Provide a schematic drawing of the event site location. The drawing must be legible and drawn to scale. The public safety plan must include the following items if they will be provided, or if they are required. 1. Location of booths, stages, and event structures 2. Location of first aid stations 3. Location of information /ticket booths 4. Boundaries of the event 5. Location of fences 6. Location of exits and gates (gates must be numbered) 7. Location of Fire extinguishers 8. Location of severe weather shelters 9. Location of Fire / EMS access road 10. Location of security staff 11. Location of emergency contact event personnel 12. Location of assembly area and approximate occupant amounts 13. Location of event parking 14. Location of barricades 15. Location of generators 16. Location bf temporary roadways 5 a e a 12 'K APPLICATION FOR SPECIAL EVENT PERMIT - TO BE RETURNED TO CITY CLERK Other Provide any other information that you feel should be considered Yes No I have reviewed and have considered the Contingency Plan information provided by the City of Oshkosh along with this application (pages 'L1 -'F�)� �f 1 I �') I have reviewed and understand the City's Insurance requirements for Special Events as described in this document (pages (/ g- .ZI I am enclosing the events Public Safety Site Plan (see page 9) I am enclosing other information that I believe is necessary or helpful to describe the planned event SIGNATURE I am allowed to sign this application on behalf of the event sponsor. The informatio ntained in this application for a Special Event permit is true, correct, and co I e to the st of my knowledge. If there are any changes to the Spec" ent, I a e th II promptly notify the City of Oshkosh of these ch Q and F6( st a6oroYal of them. o - -3 0 U 44 Ull Date ( n ti a ianth organization) 13 SPECIAL EVEHTT MEMIITCATION AND HOLD HARMLESS AGREEMENT (Medium and Nigh Risk Events) EVENT: CSf f ��C t J`� l h I12 � 6 ORGANIZER: The event organizer agrees that it, and not the City, will be solely responsible for all incidents related to the event. This responsibility of the organizer to the City includes but is not limited to the actions of the event organizer, its officers, employees, agents, and volunteers, along with event vendors, contractors, subcontractors, participants, and visitors. In consideration for the City's approval of the Special Event, the organizer of this event agrees to indemnify and hold harmless the City of Oshkosh, and its officers, council members, agents, employees, and authorized volunteers, from, for, and against and agrees to defend the same from and against, any and all suits, claims, grievances, damages, costs, expenses, judgments and/or liabilities, including costs of defense and reasonable attorneys fees, and further agrees to pay any settlement entered into or on behalf of, or judgment entered against, the foregoing individuals and/or entities. The event organizer shall abide by the City's insurance requirements for the event, including the addition of the City of Oshkosh, and its officers, council members, agents, employees, and authorized volunteers as additional insured's for the event. The individual(s) signing this agreement has the authority to enter into this agreement on behalf of the organizer(s) of the Special Event. �-�K (I C s R D2e (print name o organ zer) � / i ` 6 — l I (date) / ignore} (title) (signature) (title) (� �ej © W rte( (print name) (print tide) (print name) (print title) 17 JULY 13, 2011 11 -318 RESOLUTION (CARRIED LOST LAID OVER WITHDRAWN ) PURPOSE: APPROVE SPECIAL CLASS B LICENSES, TAXICAB LICENSES, SECONDHAND LICENSES & OPERATOR LICENSES INITIATED BY: CITY CLERK WHEREAS, an application for a license has been made, fees deposited, and all legal procedures have been taken as per Ordinance of the City of Oshkosh, NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that the following licenses be granted: SPECIAL CLASS "B" LICENSE ORGANIZATION & PERSON IN CHARGE: DATE, TIME & LOCATION OSHKOSH CONVENTION VISITORS BUREAU ................... ...........................July 17, 2011 Person in Charge: Trish Wendorf Noon — 6:00 pm 303 Ceape Avenue Event Name: Family Summer Fun Day AMVETS POST 7 .......................... ............................... ...........................July 23 — 30 2011 Person in Charge: Trish Wendorf Noon — Midnight / Each Day 1571 W South Park Avenue Event Name: Amvets EAA Fund Raiser OPERATOR (BARTENDER) LICENSES (EXPIRES: JUNE 30, 2013) Anderson, Angela, 1126 Moreland Street Anderson, Charles, 1645 Maricoa Drive Anderson, Penny L., 3326 Louise Court Applebey, Jodie, 1100 Park Ridge Avenue Aronson, Vicki, 75 Rolling Green Circle Ashenbrenner, Sandra, 834 Bavarian Court Awve, Kayla, W4536 County Road B, Eden Babbitz, Ernest, 2106 Ashland Street JULY 13, 2011 11 -318 RESOLUTION CONT'D Bailey, Andrew, 109 W 23 Avenue Baker, Marian, 231 E Lincoln Avenue Bangert, Orrin M., 122 Martin Street, Sharon Banta, Emily M., 4418 Rivermoor Road, Omro Barker, Alyssa, 1359 Valley Road Bartow, Jason, 406 W South Park Avenue Bates, Renee, 1327 Ontario Street Bauer, Aaron M., 1830 Hickory Lane Bauldry, Rochelle, 1765 Maricopa Drive Beck, Christian, 4130 Twilight Court Bell, Amy R., 291 S. Westhaven Drive, #1212 Bell, Matthew, 1879 Scarlet Oak Trail Birch, Gary, 555 -A Grove Street Bluhm, Kimberly, 1814 Michigan Street Boegh, Holly Ann, 3756 Summerset Way, #5 Boettcher, Elizabeth, 813 Knapp Street Borchardt, Nancy, 1558 W 9 1h Avenue Boss, Michael, 1616 Liberty Street, #A Boushele, Amanda, 214 Bacon Avenue Bowe, Edward, 1343 Lamar Avenue Brehmer, Cheryl, 225 W. Huron Street, Omro Brewer, Danny, 2217 Ashland Street Broege, Catherine, 375 Norton Avenue Buhrow, Pamela, 1498 Old Knapp Road Buschman, Samantha, 1140 High Avenue Cain, Paul, 1011 Greenwood Court Cameron, Jonathan, 346 Rosalia Street Carlson, Adam J., 617 Jackson Street Cavanaugh, Douglas, W7004 Verna Road, Menasha Charapata, Jacqueline, 1135 High Avenue Chartier, Shanna, 1640 Holland Road #206, Appleton Christensen, Robert, 337 W. 18 Avenue Cintron, Jennifer, 1394 Maricopa Drive Clark, David, 1333 Bismarck Avenue Cleaver, Jeffrey, 641 W 11 Avenue Cook, Taylor Hannah, 812 Vine Avenue Copening, Jason D., 1901 Rosevelt Avenue Cota, Leslie. 4078 Marquis Road Cram, Britani, 1112 School Avenue Crandall, Jeffrey, 1060 Ardmore Trail JULY 13, 2011 Cushman, Nicole, 113 W. 18 Avenue Dahnke, April, 220 E. Ontario Street, Omro 11 -318 RESOLUTION CONT'D Daubner, Alissa, 518 -A Church Avenue Delabrue, Jo Ann, 1100 Ceape Avenue Delfosse, Amber, 1213 Evans Street Dempsey, Peter J., 85 Cove Lane Dettlaff, Karen, 4716 Island View Drive Dobish, Cynthia, 1185 Christian Drive Doering, Janel, 139 Wyldewood Drive, #M201 Drexler, Jennifer L., 407 W. 9 1h Avenue Dumke, Clarence, 1130 Greenfield Trail Eaton, John, 1715 Taft Avenue Ebertz, Christopher, 1207 High Avenue Eckstein, Walter, 332 W. 16 Avenue Eiler, Crystal, 308 Bowen Street Esser, Amanda, 1180 High Avenue Evers, Paula, 727 W. 9 1h Avenue Fahley, Linda, 706 W. 9 1h Avenue Feathers, Brenda, 343 W. 7 th Avenue Felix, Kenneth, 15 E Murdock Avenue Ferguson, Susan, 846 Greenwood Court Feuling, Lauren, 567 South Street, Green Lake Fischer, Daniel R., N2619 County Road E, Redgranite Ford, James, 331 Dakota Lee Way, Omro Fralish, Donna, 1056 Adams Avenue Freimuth, Nathaniel A., 1503 S Lawe Street, Appleton Frey, Ann, 4804 Island View Drive Funseth, Bonnie, 4990 Plummers Point Road Gablebauer, Steven, 110 Wyldewood Drive C 202 Gehrke, Dawn, 1205 W. Murdock Avenue Geldmeyer, Mark, 2795 Killarney Court Genal, Joey, 838A Mt. Vernon Street Giles, Carly, 2005 Evans Street Gill, Sukhpal, 1427 Stadler Court, Menasha Gohlke, Marvin, 369 E Black Wolf Avenue Gohlke - Schlichting, Barb, 142 Wyldeberry Lane Goldsworthy, Sarah, 1535 W. Bent Avenue Good, Michael J., 527A W 9 1h Avenue Grable, Janet L., 119 W. Melvin Avenue Grimes, Chloe, 1137 Wisconsin Street # 1 Griswold, Robert, 584 Mt. Vernon Street JULY 13, 2011 11 -318 RESOLUTION CONT'D Grose, Teresa, 1259 Walnut Street Grycowski, Joseph, 2201 Woodhaven Lane Gubin, Desiree, 2240 Brookview Court G Gunderson, Enk, 1620 W. Highland Avenue, Appleton Habeck, Agnes, 815 Mount Vernon Street Haelfrisch, Kari A., 223 N. Main Street, #B Halfen, Karon, 921 W. South Park Avenue Hansen, Brianne, 1220 -A Summit Avenue Hanson, Thomas, 5370 Rushford Avenue, Omro Harris, Heidi C B., 1140 High Avenue Hasse, Alex, 607 S. Main Street # B Hayhurst, Brittney, E9466 Church Road, New London Hazen, Heather, 517 Ohio Street Hedquist, Mindy, 34 5 th Street #C Heinl, Christopher, 118 Broad Street Helm - Matosich, Rita, 1053 Ran Lie Street Hemminghaus, Brian, 1640 S. Westhaven Drive Henschel, William, 408 Madison Street Hinz, Wayne, 415 Stanley Avenue Hoard, Jacob B., 828 Prospect Avenue Hoffmann, Lisa, 3568 Sand Pit Road Hohner, Danielle, 759 Hazel Street Hunt, Stephen, 3615 Anderson Street Irwin, David, N7618 Jupiter Drive, Fond du lac Jackson, Kathleen, 206 W. Bent Avenue Jacobchick, Kelly, 8257 County Road T, Larsen Jacobson, Judith, 4990 Plummers Pit Road Jacques, Christina, 673 W. 5 th Avenue Jaes, Jason, 2870 W. 20 Avenue Jandrin, Amber, 514 W. Irving Avenue Apt A Jensen, Ann, 434 Forest View Road Jensen, William, 434 Forest View Jezwinski, Joseph, 1284 Wheatfield Way Jimenez, Sergioz, 625 Theldsen Drive Karl, Krystal, 2212 Oregon Street Karnitz, Bruce, 1342 Inverness Lane, Neenah Kerwin, Stacy, 1624 Beech Street King, Bobbie Jo M., 921 Badger Court, Columbus JULY 13, 2011 King, Jeanne K., 1216 Otter Avenue Kloehn, Christina R., 1634 Oshkosh Avenue Koeck, Bonnie, 1152 W. 7 th Avenue Koelbel, Steven H., 3121 Vinland Road 11 -318 RESOLUTION CONT'D Konrad, Steven, 808 8 th Street, Menasha Kopchik, Shelby, 151 W. 18 Avenue Korth, Janet, 1610 Thornton Drive Kozel, Thomas, 1624Thorton Drive Kremmers, kelth, 185 Jackson Street Krom, Harley, 945 S. Sawyer Street Krouse, Lauren E., 862 Frederick Street Kuenzl, Kevin, 1075 W 9 1h Avenue Kuenzl, Rebecca, 1075 W. 9 1h Avenue Kufahl, David, 826 McKinley Street Kunkel, Brenda, 2144 W. 9 1h Avenue Landers, Konna, 815 Keeville Lane Lange, Chad, 939 Holly Tree Lane, Fond du Lac Langkau, Michael, 205 S. Eagle Street Lee, Nicole A., 846 W. Ilth Avenue Lefeber, Amanda, 906 Otter Avenue Letz, Mary, W7015 Voyager Drive, Fond du lac Libbin, Ann, 2720 B Bowen Street Liberto, Amanda, 151 Dawes Street Apt. #103 Lindekugel, 1930 S Westhaven Drive, Linssen, Laura, 1401 Nicolet Road, #2, Appleton Lobas, Jeanette M., 706 Washington Avenue Loker, Lydia, W4637 Cumberland Road Londre, Tina, 2411 Wilson Court, #15, Appleton Losse, Wendie, 4420 Sherman Road Luciano, Elizabeth, 200 Merritt Avenue Lynch, Sean, 1003 Dove Street Magelitz, Daniel, 1238 W. 9 1h Avenue Maloney, Laura, 812 S. Clay Road Maples, Kristen, 459 S. Westhaven Drive #101 Marske, Aphl, 351 S. Westhaven Drive C -107 Martens, Adam, 308 Dawes Street Martinez, Jim, 247 W. 9 1h Avenue Mata, Tina Jo, 284'/ N. Park Avenue, Fond du Lac Mathe, Donald, 337 N. Westhaven Drive McBrair, Usa, 121 Bay Street McBride, Ashley, 101 0 -A Otter Avenue McCoy, Patrick, 864 7" Street McDonald, Vikki, 839 Vine Street McGuire, Samantha A., 706 Stillwell Avenue Mcllree, Timothy 1202 E. New York Avenue McPheron, Leah, N6733 School Road, Greenville JULY 13, 2011 11 -318 RESOLUTION CONT'D Meisel, Dan, 513 W. 6 1h Avenue Melum, Bradley, 419 S. Westhaven Drive, #H207 Meredith, Tyler, 109 W. Smith Avenue Mertz, Anthony, 134 W 24 Avenue Meurer, Jenna M., 950 Birchtree Lane, Fond du lac Meyer, Brittany K., 521 Wells Avenue, Peshtigo Meyer, Justin J., 2080 Dickerson Avenue F Meyer, William, 1105 W. Linwood Avenue Mielke, Justin, 4219 Westview Lane Miller, Dawn, 38 Baldwin Street Miller, Deanne, 1626 Weyerhurst Creek Road Miller, Debra J., 245 S. Clay Road, Van Dyne Miller, Lorraine, 2006 N. Point Comfort Miller, Mathew, 1556 Fairlawn Street Miller, Melissa, 534 W. South Park Avenue Miller, Peter, 2895 Sunset Point Lane Milner, Patricia, 1420 W South Park Avenue Monroe, Jamie R., 1101 S. Kernan Avenue, Appleton Montalvo, Anthony, 100 N. Main Street #411 Morter, Jacqueline, 1800 Robin Avenue, #S105 Muellenbach, Craig, 3321 Nelson Road Mundinger, Carrie, 1285 Fairfax Street Murphy, Benjamin J., 6500 E. Decorah Avenue Murray, Jill, 717 Viola Avenue Nachtrab, Sierra M., 2440 Sheridan Street Nelson, Earl 28 Sennholz Court Nelson, Kristofer, 1025 E. Tennessee Avenue Nemecek, Patrick, 1350 Maricopa Drive Nigl, Carla, 543 W. 15 Avenue O'Kon, Kathryn, 1222 Cedar Street Ocasio, Juana, 802 Oregon Street Olejnik, Peggy, 718 Oak Street Palm, Elizabeth, 836 Vine Avenue #H Parker, Samantha, 104345 County Road F, Red Granite Parrish, Moriah, 132 W 12 Avenue Patrie, Dennis, 228 Allen Avenue Paulik, Ralph, 917 W 12 Avenue Pavelack, Timothy, 1831 Sheridan Street Payne, Nicholas, 1216 Eastman Street Peppler, Hillary, 564 Mt. Vernon Street JULY 13, 2011 11 -318 RESOLUTION CONT'D Pettit, Andrew, 1342 Sheboygan Street Pieper, Dennis, 415 Annex Avenue Pierce, Daniel, 289 Gertrude Avenue, Fond du Lac Pierce, Joshua L., 629'/ Depere Street, Menasha Plechaty, Kurt T., 653 Clay Road Poeschl, Thomas III, 425 W. 19 Avenue Poeschl, Thomas Jr., 425 W. 19 Avenue Pollnow, Joyce L., 543 E County Road Z Pollnow, Robert L., 1329 Oregon Street Poole, Alicia, 132 Rosalia Street Popke, Carol, 321 S Westhaven Drive, #A101 Potts, Jeffrey, 1545 Arboretum Drive, #229 Quast, Shelly A., 617 Waugoo Avenue Rahmer, April J., 1801 Packer Avenue, #D Rates, Kimberly, 2928 Shorewood Drive Reichard, Brian, 1294 Willow Springs Road Rescheske, Kenneth, 1759 Parkwood Drive Rhode, Keith A., 60 Overland Trail Rohde, Amy, 105 W. 8 th Avenue Roth, Dustie, 1628 Walnut Street Ruedinger, Connie, 1149 W. South Park Avenue F Rufer, Lisa, 3355 Harbor Bay Road Ryckman, Tracy, 1405 Hazel Street Ryf, Beverly, 1656 Sheridan Street Schafer, James L., 1048 W. 7 th Avenue Schertz, Sue, 1832 Vinland Street Schertz, Thomas, 1832 Vinland Street Schilicher, Paula, 513 E. Irving Avenue Schmude, Andrew, 1301 Cedar Street Schneider, Toni, 337 -A W. 11 Avenue Schreiber, Debora, 217 E. Lincoln Avenue Schultz, Adam, 205 S. Eagle Street Selle, James, 5310 State Road 116, Winneconne Shaefer, Hilary, 704 Bauman Street Siekierke, Ron, 313 W. 9 1h Avenue Skupniewitz, Dustin, 4825 County Road T Smith, Angeline, N2805 County Road XX Berlin Spears, Ganelle A., 518 Grove Street A Springstroh, Ashley, N3086 French Road, Appleton JULY 13, 2011 11 -318 RESOLUTION CONT'D Stadler, Chris, 2374 Hickory Lane Stauffers, Karen, 1367 Maricopa Drive Stelter, Stacy, 2023 Jefferson Street Stelzner- Heideman, Kimberly, 424 N 8 th Street, Winneconne Stenerson, Larry, 1057 Kansas Street Stephenson, William 238 W. 19 Avenue Stewart, James, 1024 Mountain Road, Pickett Stingl, Dustin, 819A John Avenue Stockinger, Carol, 50 W. Snell Road Sukowski, Paul, 732 Vine Avenue Sundes, Maria, 317 W South Park Avenue Tellock, Cory T., 1209 Harney Avenue Tesch, Steven 2113 Doty Street Thompson, Jacqueline, 4455 Jacktar Road Tice, James, 327 W 6 th Avenue Tigert, William, 1203 Willow Bend Lane Toney, Donald, 435 Lafayatte Street, Berlin Towne, Sarah, 421 W. Nevada Street Apt A Treichel, Kristin, 6410 US Highway 45 Trenibly, Sara Hanvell, 59 Frankfort Street Truyman, Donald, 6015 9 1h Street Road Tyron, Nethe, 605 Grove Street Vandenhogen, Carissa M., 555 Algoma Boulevard Vanderloop, Benjamin, 1519 Ontario Street Verdugt, Jacob, 1151 High Avenue, #7 Voss, Kelly, 2088 Witzel Avenue Wagner, Francis, 1711 Grove Street Walter, Jean, 226 W. 15 Avenue Ward, Jessica, 651 Central Street Weide, Troy, 1121 S. Main Street Welch, Zachary, 1868 Justin Drive, Omro Wendorf, Trish, 422 A W. 5 th Avenue Wendt, Amy Sue, 38 Stoney Beach Road Wenzlaff, Miranda, 1740 Lombard Avenue, #15 Wesner, Lisa, 2763 Highway 116 Wheeler, Alison, 734 W 8 th Street, Appleton JULY 13, 2011 11 -318 RESOLUTION CONT'D White, Karen, 1214 Mt. Vernon Street Whitty, Amanda, 447 Bowen Street Wilkins, Bonnie, 3735 Glenhurst Lane Will, Beth A.,4253 Reighmoor Road, Omro Will, Ronald, 4253 Reighmoor Road, Omro Williams, Katie T., 1918 N. Erb Street, Appleton Wilson, Marcus, 323 W. South Park Avenue Wilz, Kris, 1118 School Avenue Winkler, Jerry, 854 Keenville Lane Winslow, Shawn, 408 E New York Avenue Wolf, Adam, 1606 Weyerhorst Creek Road Wolff, Timothy, 687 W. 5 th Avenue Wormuth Katie, 2122 Crestwood Drive Wortz, Bea Ann, 1319 Harrison Street Wyngaard, Thomas, 1761 Maricopa Drive Wynveen Julie, 326 W. 17 Avenue Yang, Sua, 2045 Evans Street Yell, Richard, 5274 Samers Bay Road, Omro Zamora, Alfonso- Guerrero, 520 Algoma Boulevard, #208 Zander, Gary, 1312 Spruce Street Zeman, Rachel M., 1766 Maricopa Street Zenter, Tiffany, 2325 Comet Street Zitzelsberger, James, 1199 E Black Wolf Avenue Zoellick, Andrew, 1335 Summit Avenue Apt.317 TAXI- DRIVER LICENSES (EXPIRES: JUNE 30, 2013) Hyde, Matthew, 1514 E. Wisconsin Avenue Richards, Christi ne- Kutnink, 346 W 17 Avenue Richards, David J., 346 W 17 th Avenue Roland, Steven, 1634 Arizona Street Sturgis, Cheryl, 238 E Franklin Street JULY 13, 2011 11 -318 RESOLUTION CONT'D TAXICAB LICENSES (JULY 1, 2011 thru JUNE 30, 2012) SPECIAL DELIVERY PEDI -CABS 346 W 17 Avenue (3 -Pedi -cabs) OSHKOSH CITY CAB 2723 Har Street (12 Vehicles) JUNK COLLECTOR LICENSE (JULY 1, 2011 thru JUNE 30, 2012) DUBESTER RECYCLING 1700 Villa Park Drive Oshkosh WI 54904 NOTE RETURN TO CITY CLERK WITH LICENSE APPLICATION AND ATTACH MAP WAIVER OF NO CARRY:= S REQUEST FOR :NCING_:.FOR BEER GARDEN A IN A• {`1T1 PARK NAME OF 0 LOCATION OF EVENT DATE(S) OF EVENT DESCRIBE AREA INHERE a EN SED AND CONSUMED DATE SUBMITTED: - 1 RE: 6: OFFICE FORMSMAIVER.FRM BY: A�k JUNE 28, 2011 JULY 13, 2011 11 -290 11 -319 ORDINANCE FIRST READING SECOND READING (CARRIED LOST LAID OVER WITHDRAWN ) PURPOSE: CHANGE COUNCIL MEETING DATE IN AUGUST 2011 INITIATED BY: CITY ADMINISTRATION A GENERAL ORDINANCE OF THE CITY OF OSHKOSH PERTAINING TO REGULAR COUNCIL MEETINGS. The Common Council of the City of Oshkosh do ordain as follows: SECTION 1. That the regular meeting of the Oshkosh Common Council scheduled for August 9, at 6:00 p.m. is rescheduled to August 10, 2011, at 6:00 p.m. SECTION 2. Publication Notice. Please take notice that the City of Oshkosh enacted Ordinance 11 -319 CHANGE COUNCIL MEETING DATE IN AUGUST 2011 on August 9, 2011 (Changed from August 9 1h to August 10 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.ci.oshkosh.wi.us Clerk's phone: (920) 236 -5011. JUNE 28, 2011 JULY 13, 2011 11 -291 11 -320 ORDINANCE FIRST READING SECOND READING (CARRIED LOST LAID OVER WITHDRAWN ) PURPOSE: APPROVAL OF THROUGH STREET DESIGNATION FOR WAUKAU AVENUE, PARKING REGULATIONS ON DIVISION STREET AND SHERMAN ROAD, AND DESIGNATION OF A PEDESTRIAN HYBRID BEACON ON HIGH AVENUE INITIATED BY: TRANSPORTATION DEPARTMENT A GENERAL ORDINANCE OF THE CITY OF OSHKOSH AMENDING SECTIONS 27- 23(A-8) AND 27- 23(A -11) OF THE OSHKOSH MUNICIPAL CODE PERTAINING TO PARKING REGULATIONS ON DESIGNATED STREETS AND ALLEYS AND TO DESIGNATED THROUGH STREETS, AND CREATING SECTION 27- 23(A -7.2) IN THE OSHKOSH MUNICIPAL CODE PERTAINING TO DESIGNATED PEDESTRIAN HYBRID BEACONS. The Common Council of the City of Oshkosh do ordain as follows: SECTION 1. That Section 27- 23(A -8) of the Oshkosh Municipal Code pertaining to designated through streets is hereby amended as follows A-8 THROUGH STREETS DESIGNATED Remove Therefrom Waukau Avenue, at its intersection with Bradley Street and Bellfield Drive. Add Thereto Waukau Avenue, at its intersection with Bradley Street, White Tail Lane, Elk Ridge Drive, Enterprise Drive and Bellfield Drive. SECTION 2. That Section 27- 23(A -11) of the Oshkosh Municipal Code pertaining to parking regulations on designated streets and alleys is hereby amended as follows A-11 PARKING REGULATIONS ON DESIGNATED STREETS AND ALLEYS DIVISION STREET Remove Therefrom 4 -hour parking, east side, from 107 feet north of Algoma Boulevard to 50 feet south of Church Avenue between the hours of 9:00 a.m. and 6:00 p.m. daily except on Sundays and New Year's Day, Memorial Day, Fourth of July, Labor Day, Thanksgiving Day and Christmas Day. JUNE 28, 2011 JULY 13, 2011 11 -291 11 -320 ORDINANCE FIRST READING SECOND READING CONT'D Add Thereto No parking, east side, from 152 feet north of Algoma Boulevard to 305 feet north of Algoma Boulevard. Add Thereto 4 -hour parking, east side, from 107 feet north of Algoma Boulevard to 152 feet north of Algoma Boulevard between the hours of 9:00 a.m. and 6:00 p.m. daily except on Sundays and holidays. Add Thereto 4 -hour parking, east side, from 305 feet north of Algoma Boulevard to 50 feet south of Church Avenue between the hours of 9:00 a.m. and 6:00 p.m. daily except on Sundays and holidays. SHERMAN ROAD Add Thereto No parking, east side, from 400 feet north of Butler Avenue to 200 feet south of South Drive. Add Thereto No parking, west side, from 400 feet north of Butler Avenue to South Drive. SECTION 3. That Section 27- 23(A -7.2) of the Oshkosh Municipal Code pertaining to designation of pedestrian hybrid beacons is hereby created as follows: A -7.2 PEDESTRIAN HYBRID BEACONS DESIGNATED The following locations in the City of Oshkosh are hereby declared and designated as pedestrian hybrid beacons. High Avenue, 190 feet east of Rockwell Avenue SECTION 4. This ordinance shall be in full force and effect from and after its passage, publication and placement of the appropriate signage. SECTION 5. Publication Notice. Please take notice that the City of Oshkosh enacted ordinance #11 -320 (A GENERAL ORDINANCE OF THE CITY OF OSHKOSH AMENDING SECTIONS 27- 23(A -8) AND 27- 23(A -11) OF THE OSHKOSH MUNICIPAL CODE PERTAINING TO PARKING REGULATIONS ON DESIGNATED STREETS AND ALLEYS AND TO DESIGNATED THROUGH STREETS, AND CREATING SECTION 27- 23(A-7.2) IN THE OSHKOSH MUNICIPAL CODE PERTAINING TO DESIGNATED PEDESTRIAN HYBRID BEACONS) on July 13, 2011. The ordinance changes on- street parking on Division Street and Sherman Road and designates a pedestrian hybrid beacon on High Avenue. JUNE 28, 2011 JULY 13, 2011 11 -291 11 -320 ORDINANCE FIRST READING SECOND READING CONT'D 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.ci.oshkosh.wi.us Clerk's phone 920/236-5011. O.(HKOlH ON THE WATER MEMORANDUM TO: Mark A. Rohloff, City Manager FROM: Christopher Strong, Transportation Director DATE: June 22, 2011 RE: Explanation of Traffic Regulations Ordinance Changes SECTION 1: SECTION 27- 23(A -8) — THROUGH STREETS This ordinance change is a correction to actual street conditions. SECTION 2: SECTION 27- 230-11) — PARKING REGULATIONS A REQUEST FOR NO PARKING ON THE EAST SIDE OF DIVISION STREET FROM 152 FEET NORTH OF ALGOMA BOULEVARD TO 305 FEET NORTH OF ALGOMA BOULEVARD. This is a Police Department request. Parking is currently prohibited throughout this area due to driveways and fire hydrants, except for about 15 -20 feet in length at the southern end of this section. When vehicles park at this one section, it hinders the ability of delivery and service trucks to access the Kitz and Pfeil building. Removing parking in this one section should make it easier and safer for trucks to access the property. This request would effectively eliminate one parking space in this area. There is a high demand for on- street parking in this area; however, off - street parking is available in the 400 Block West parking lot, so this impact should be able to be absorbed. PASSED BY TRAFFIC REVIEW BOARD (5 -0) A REQUEST FOR NO PARKING ON THE EAST SIDES OF SHERMAN ROAD FROM 400 FEET NORTH OF BUTLER AVENUE TO 200 FEET SOUTH OF SOUTH DRIVE. (CURRENT CONDITION: UNRESTRICTED PARKING.) AND A REQUEST FOR NO PARKING ON THE WEST SIDE OF SHERMAN ROAD FROM 400 FEET NORTH OF BUTLER AVENUE TO SOUTH DRIVE. (CURRENT CONDITION: UNRESTRICTED PARKING.) These are Transportation Department requests. Page 2 of 6 Explanation of Traffic Ordinance Changes The purpose of these requests is to update the ordinance so that it reflects existing signage. The current field signage largely replicates this request. Street widths on Sherman Road are narrow, ranging from 18 feet to 22 feet, so it is appropriate to prohibit parking. PASSED BY TRAFFIC REVIEW BOARD (5 -0) SECTION 3: SECTION 27- 23(A -7.2) — PEDESTRIABN HYBRID BEACONS A REQUEST FOR A PEDESTRIAN HYBRID BEACON ON HIGH AVENUE AT THE UWO SAGE BUILDING. This is a University request. The Sage Building is a new academic building at the University of Wisconsin at Oshkosh, which is anticipated to attract significant pedestrian traffic from students, faculty and staff. The building is located on an uncontrolled section of High Avenue, and the University is concerned about protecting the safety of pedestrians accessing this building. Two pedestrian- activated traffic signals have been installed on Algoma Boulevard to assist pedestrians in crossing an otherwise uncontrolled street. The university is interested in a similar installation by the Sage Building. The Manual on Uniform Traffic Control Devices (MUTCD) contains a warrant for traffic signals based on pedestrian volumes. The warrant is based on a combination of pedestrian volumes and vehicle traffic volumes as measured in the same time period. The warrant is not written to protect pedestrian safety per se, but is rather intended to show whether there are sufficient gaps for pedestrians to safely cross the street based on current vehicle traffic volumes. The warrant may be met in a couple of ways: a four -hour volume warrant or a peak hour volume warrant. Figure 1 shows the condition that must be met for four hours in a given weekday for the pedestrian warrant to be satisfied. Four points (representing combinations of vehicular and pedestrian traffic volumes) must be above the line in order for the warrant to be satisfied. Figure 2 shows the condition that must be met for the peak hour warrant. Page 3 of 6 Explanation of Traffic Ordinance Changes I 400 TOTAL OF ALL PEDESTRIANS CROSSING MAJOR STREET- PEDESTRIANS 240 PER HOUR (PPH) 100 107' 300 400 500 600 700 800 900 1000 1100 100 1300 1400 MAJOR STREET —TOTAL OF BOTH APPROACHES— VEHICLES PER HOUR (VPH) 'Note: 1 07 pph applies as the lower threshold volume. (Source: http: / /mutcd.thwa.dot.lzov /htm /2009 /part4 /fig4c 05 longdesc.htm Figure 1: Pedestrian Warrant for Traffic Signal, Four -Hour Volume i � I .. TOTAL OF ALL � I PEDESTRIANS CROSSING l MAJOR STREET- I PEDESTRIAN5 PER HOUR (PPH) o I 140 — .. _ .. .P ... . ... ....... ., 41-11-1 ... , _ ..... 133' 340 400 500 600 740 800 WO 1004 1100 1240 1300 1400 1500 1600 1700 1800 MAJOR STREET —TOTAL OF BOTH APPROACHES — VEHICLES PER HOUR (VPH) Note: 133 pph applies as the lower threshold volume. (Source: http: // muted. thwa .dot.gov /htm/2009 /paart4 /fig4c 07 longdesc.htm Figure 2: Pedestrian Warrant for Traffic Signal, Peak Hour Volume Vehicle traffic counts on High Avenue at Woodland Avenue were conducted in 2009. These counts indicate that the fourth highest vehicle traffic hour is about 560 vehicles. To satisfy the graph shown in Figure 1, the pedestrian traffic would need to be well over 300 per hour. The highest hourly vehicle traffic count was 675. To satisfy the graph shown in Figure 2, the pedestrian traffic would need to be around 450 in the peak hour. The amount of pedestrian traffic which will occur after the Sage Building opens is unknown. While the Sage Building is expected to receive a significant amount of usage, it is unclear how many users will be crossing High Avenue at a crosswalk at the building. Page 4 of 6 Explanation of Traffic Ordinance Changes The pedestrian warrant for a traffic signal may be satisfied at this location. However, I believe that a "pedestrian hybrid beacon" might make more sense at this location. A pedestrian hybrid beacon is a special type of beacon used to warn and control traffic at an unsignalized location to assist pedestrians in crossing a street or highway at a marked crosswalk. The MUTCD says that a pedestrian hybrid beacon may be an option to facilitate pedestrian crossings at a location that does not meet traffic signal warrants or at a location that meets traffic signal warrants but a decision is made to not install a traffic control signal. An example of a pedestrian hybrid beacon installation is shown in Figure 3. Figure 4 shows how the pedestrian hybrid beacon works. The signal heads are normally dark. A pedestrian who wishes to cross the street presses the button, which immediately starts the hybrid beacon's cycle. The beacon goes into a flashing yellow, followed by a steady yellow. When the steady red shows, vehicle traffic is required to stop (just as at a traffic signal). A steady red shows for the duration of the pedestrian walk interval; i.e. the interval during which the walking person is displayed. This is followed by a "wig -wag" pattern of flashing reds for the duration of the pedestrian clearance interval; i.e. the interval during which the upraised hand is displayed. The beacon goes dark at the end of this sequence. Once the beacon goes dark, vehicular traffic can resume. Page 5 of 6 Explanation of Traffic Ordinance Changes R R R R R R SR SR Y FY = SY Y 1. Dark Until Activated 2_ Flashing *tlow 3. Steady Yellow 4. Steady Red During Upon Activation Pedestrian Walk Interval FR R R FR R R 1.29025 Y Y Y SY Steady yellow FY Flashing yellow 5. Alternating Flashing Red During 6. Dark Again Until Activated SR Steady red Pedestrian Clearance Interval FR Flashing red' (Source: hqp:// www.mutcd.thwa.dot.gov /htm/2009 /part4 /fig4f 03 longdesc.htm Figure 4: Sequence for a Pedestrian Hybrid Beacon There are no warrants for installation of pedestrian hybrid beacons, but rather guidelines. As shown in Figure 5, the guidelines for installing the pedestrian hybrid beacons are based on vehicle volume, pedestrian volume, and crosswalk length. It is likely that the relatively short crossing distance on High Avenue means that the pedestrian volume requirement is not much lower for the pedestrian hybrid beacon than it is for a full traffic signal. Figure 4F -1. Guidelines for the installation of Pedestrian Hybrid Beacons on Low -Speed Roadways Sod Sy of 3 m ph or less L = crosswalk length 400 TOTAL OF ALL 3oo PEDESTRIANS CROSSING THE MAJOR STREET - PEDESTRIANS PER HOUR (PPH) 200 { a 100 2U" 0 250 500 750 1000 1250 1500 1750 2000 MAJOR STREET — TOTAL OF BOTH APPROACHES — VEHIGLES PER HOUR (VPH) Note: 20 pph applies as the tower threshotd volume (Source: http : / /www.mutcd.thwa.dot.gov /htm /2009 /part4 /fig4f 01 Iongdesc.htm Figure 5: Guidelines for the Installation of Pedestrian Hybrid Beacons It is not clear whether a signal -type device would be appropriate at this location, since many pedestrians may not used the marked crosswalk and the street width is relatively narrow. If a signal -type device is to be used at this location, I recommend a pedestrian hybrid beacon instead of a traffic signal for the following reasons. Page 6 of 6 Explanation of Traffic Ordinance Changes • The pedestrian hybrid beacon uses less energy than a signal, because the beacons will be dark when not in use. • The pedestrian hybrid beacon is activated immediately when a pedestrian hits the button, unlike a traffic signal. The immediate activation may tend to encourage pedestrians to choose to cross at this location. • The pedestrian hybrid beacon may represent a good tool to improve pedestrian safety at other crosswalks in the City, and this may be a good location to try an initial one. • It is possible that the cost of installation of a pedestrian hybrid beacon would be less than that of a permanent traffic signal. • It is easier from a traffic engineering perspective to justify installation of a pedestrian hybrid beacon that may not comply with guidelines instead of a full traffic signal that may not comply with warrants. Pedestrian traffic served by the pedestrian hybrid beacon would likely be exclusively related to the University. PASSED BY TRAFFIC REVIEW BOARD (5 -0) JUNE 28, 2011 JULY 13, 2011 11 -291 11 -321 ORDINANCE FIRST READING SECOND READING (CARRIED LOST LAID OVER WITHDRAWN ) PURPOSE: APPROVAL OF PARKING REGULATIONS FOR CARL STEIGER PARK PARKING LOT INITIATED BY: PARKS DEPARTMENT A GENERAL ORDINANCE OF THE CITY OF OSHKOSH AMENDING SECTION 27- 23(A -11) OF THE OSHKOSH MUNICIPAL CODE PERTAINING TO PARKING REGULATIONS ON DESIGNATED STREETS AND ALLEYS. The Common Council of the City of Oshkosh do ordain as follows: SECTION 1. That Section 27- 23(A -11) of the Oshkosh Municipal Code pertaining to parking regulations on designated streets and alleys is hereby amended as follows A-11 PARKING REGULATIONS ON DESIGNATED STREETS AND ALLEYS CARL STEIGER PARK PARKING LOT Add Thereto No person shall park or cause to be parked any automobile, truck, or other vehicle whatsoever in the Carl Steiger Park public parking lot for more than four (4) hours at one time. SECTION 2. This ordinance shall be in full force and effect from and after its passage, publication and placement of the appropriate signage. SECTION 3. Publication Notice. Please take notice that the City of Oshkosh enacted ordinance #11 -321 (A GENERAL ORDINANCE OF THE CITY OF OSHKOSH AMENDING SECTION 27- 23(A -11), OF THE OSHKOSH MUNICIPAL CODE PERTAINING TO PARKING REGULATIONS ON DESIGNATED STREETS AND ALLEYS) on July 12, 2011. The ordinance establishes parking regulations for Carl Steiger Park parking lot. 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.ci.oshkosh.wi.us Clerk's phone 920/236-5011. City of Oshkosh Parks Department 805 Witzel Ave., PO Box 1130 Oshkosh, WI 54903 -1130 OIHKOfH (920) 236 -5080 (920) 232 -5316 FAX ON THE WATER TO: Honorable Mayor and Members of the Common Council FROM: Ray Maurer, Parks Director DATE: June 21, 2011 RE: Ordinance Regulating Parking in Carl Steiger Park Parking Lot Ray Maurer Director BACKGROUND Parking by UW- Oshkosh students in the Carl Steiger Park parking lot, which is located adjacent to the Wisconsin Avenue bridge and the UW- Oshkosh campus, has become an enforcement issue for the Parks and Police Departments. This past winter the situation worsened as students became stuck in the snow or didn't move their vehicles for extended periods of time. Staff was not able to access the parking lot with snowplows at times due to the number of vehicles either stuck or parked in the lot. ANALYSIS Parks Department staff worked with the City Attorney, Police Department and UW- Oshkosh staff to address this issue. In reviewing the current ordinances, it was determined that parking in this lot could be restricted to 24 hours so appropriate signage was installed early this spring so police could enforce the parking issues. Issues continued as vehicle owners would simply move their vehicles to another stall in the lot to avoid a citation. In discussions with City staff and UW- Oshkosh staff, it was determined that a four (4) hour parking limit would help alleviate these issues and still allow park and trail users ample time to utilize the park and trail, etc. This matter was reviewed by the Advisory Parks Board at their June 13, 2011 meeting. The Board recommended approval of the proposed ordinance. FISCAL IMPACT N/A Respectfully Submitted, Ray Maurer Parks Director Approved: Mark Rohloff City Manager JULY 13, 2011 11 -322 RESOLUTION (CARRIED LOST LAID OVER WITHDRAWN ) PURPOSE: ESTABLISH A FUND BALANCE POLICY INITIATED BY: FINANCE / LONG RANGE FINANCE COMMITTEE WHEREAS, it is desirable to establish, as policy, the Council's intent to maintain a prudent level of financial resources to ensure that the City continues to operate in an effective and efficient manner; and WHEREAS, a written policy will provide all stakeholders, including citizens, staff, rating agencies, and independent auditors, with an understanding of the fund management policy of the City; and WHEREAS, establishment of the proposed policy will enable the City to mitigate current and future risks against revenue shortfalls or unanticipated expenditures and ensure stable tax rates; NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that there is established a Fund Balance Policy (per Attachment A) for the General Fund of the City. City of Oshkosh Finance Department 215 Church Ave., PO Box 1130 Oshkosh, WI 54903 -1130 O.IHKOf H (920) 236 -5005 (920) 236 -5039 FAX ON THE WATER MEMORANDUM DATE: July 13, 2011 TO: Council Members FROM: Harold Buchholz, Chair Long Range Finance Committee RE: Recommendation to Establish a Fund Balance Policy As part of its mission to research, study, and address the long range financial issues of the City, the Long Range Finance Committee has been evaluating the creation of a Fund Balance Policy for the General Fund of the City. As part of this study, the Committee has completed the following: • Determined the need for a formal Fund Balance Policy, • Researched Best Practices regarding all facets of Fund Balance policies, • Reviewed the Fund Balance Policies of other cities and governments across the Country, • Considered the newly establish Governmental Accounting Standards Board Statement, GASB 54, Fund Balance Reporting and Governmental Fund Type Definitions, and • Drafted a prudent, fiscally responsible policy for the Council to consider. The purpose of the attached policy is to acknowledge and formalize current practice and ensure continuity of responsible fund management. This policy ensures that the City maintains a prudent level of financial resources to operate in an effective and efficient manner. It also provides written guidelines so that all stakeholders, both internally and externally, understand the fund management policy of the City. Below are the details of the main features of the policy and the reasons they are critical to the policy: Minimum Unassigned Fund Balance (16 %) — 16% is equal to two months of General Fund Revenue, including general service revenues as well as debt service revenues. This level was chosen as a responsible and prudent level that is commonly used as a benchmark across the nation by other entities. The acceptable range is typically defined as two to three months of revenues. In addition, rating agencies recognize this range as an acceptable level in assuring continued financial stability. • Required Replenishment — Replenishment is a key to maintaining an acceptable level of Unassigned Fund Balance over time. This was included to ensure that the City fulfills the goal of the policy as choices need to be made to utilize the Unassigned Fund Balance for allowed needs. • Monitoring — It is the intent of this section to ensure that this policy does not get out of date. Regular monitoring and reviewing of the policy will ensure that the policy remains pertinent and functional over time and as specific events occur. As noted above, this policy illustrates that the City practices prudent financial management and planning, and allows the City to protect against reducing service levels. It also enables the City to mitigate current and future risks against revenue shortfalls or unanticipated expenditures and ensure stable tax rates, something that is extremely critical especially in light of the current state budget and local conditions. To that end, the Committee recommends that the Council adopt the attached Fund Balance Policy. We strongly believe that passage of this policy is in the best interest of the citizens of the City of Oshkosh as we move into the future. ATTACHMENT A CITY OF OSHKOSH FUND BALANCE POLICY GENERALFUND DRAFT — July 7, 2011 Policy Statement The establishment of a formal policy governing the purpose and acceptable parameters of the amount of Unassigned Fund Balance the City Maintains in the General Fund is an effective contribution to the financial management practices of the City of Oshkosh. A formally adopted policy eliminates ambiguity regarding what constitutes appropriate levels and uses of the Unassigned Fund Balance, and makes the policy clear to all stakeholders. Purpose The purpose of this Fund Balance policy is to ensure that the City maintains a prudent level of financial resources to operate in an effective and efficient manner. It provides written guidelines so that all stakeholders, both internally and externally, understand the fund management policy of the City. This policy illustrates that the City practices prudent financial management and planning, and allows the City to protect against reducing service levels. It also enables the City to mitigate current and future risks against revenue shortfalls or unanticipated expenditures and ensures stable tax rates. Scope This policy applies to the General Fund of the City of Oshkosh which is under the Control of the City Council. This policy is in accordance with the Governmental Accounting Standards Board (GASB) standards. Definitions Fund Balance Fund Balance is the difference between fund assets and fund liabilities. Fund Balance is also referred to as net assets. A positive Fund Balance means there are more assets than liabilities; a negative Fund Balance means there are more liabilities than assets. Unassigned Fund Balance Unassigned Fund Balance is the portion of the Fund Balance that is available for any purpose. These amounts are not constrained in any way, and are reported only in the General Fund. Assigned Fund Balance Assigned Fund Balance is the portion of the Fund Balance that is intended to be used for a specific purpose. Amounts reported as assigned should not result in a deficit in the Unassigned Fund Balance. Committed Fund Balance Committed Fund Balance is the portion of the Fund Balance that is constrained to specific purposes by a government itself. These amounts cannot be used for other than the stated purpose unless the government takes the same highest level action to remove or change the constraint. Page 1 Restricted Fund Balance Restricted Fund Balance is the portion of the Fund Balance that is constrained to specific purposes by external parties (such as grantors, bondholders, and higher levels of government), constitutional provisions, or by enabling legislation. These amounts cannot be used for other than the stated purpose. Non - spendable Fund Balance Non - spendable Fund Balance is the portion of the Fund Balance that cannot be spent due to its form (such as inventories and prepaid amounts) or is required to remain in tact (such as the corpus of an endowment). Operatinq Expenditures Operating expenditures are uses of financial resources for personnel, supplies, services and materials, and exclude capital expenditures, debt service, and transfers to other funds. Objective The Objective of this policy is to reaffirm that the Unassigned Fund Balance is a reserve fund that will only be used for infrequent, one -time expenditures that could not be planned for in advance. In addition, the Unassigned Fund Balance will support the City's financial position and credit rating. The objective of the City of Oshkosh is to maintain the established Unassigned Fund Balance and refrain from using it for operating expenditures (thereby creating a balanced budget on an annual basis), accessing it only when necessary and replenishing any amounts that are used in a reasonable time frame. Target l Goal Balance The City of Oshkosh will maintain a minimum Unassigned Fund Balance of 16% (approximately two months) of the budgeted annual General Fund Revenue. The General Fund Revenue includes general and debt service revenues of the General Fund. Funding / Replenishment If, at any time, the Unassigned Fund Balance is lower than the above stated amount, the Council, by direct vote within the next budgetary cycle, shall implement a plan to rebuild the Unassigned Fund Balance to the minimum level. This may include: increasing the annual budget to replenish the fund (over a period of one or more years) or applying remaining unexpended general fund resources at the end of the fiscal year. Monitoring It shall be the responsibility of the Director of Finance to monitor the Fund Balance on an ongoing basis and report to the City Manager and the Council material deviations. In addition, this policy will be reviewed at least every five years or when a material event occurs to warrant review. Material events include: a substantial change in revenues or expenditures, a substantial change in debt obligations, a change in the City's bond rating, and any other substantial event. Page 2 City of Oshkosh Impact of proposed cuts from the state budget bill and estimated savings from the state budget adjustment bill on the municipality's general fund in calendar 2012 General fund cuts for calendar 2012 Shared Revenues $ 1,114,545 General Transportation Aids $ 270,031 Payments for Municipal Services $ 111,514 Recycling Grant $ 120,458 Transit Aids $ 119,690 Total cuts to the general fund (see Note 1) Estimated general fund savings for calendar 2012 (see Note 2) Pension: 2011 budgeted payroll subject to pension contribution $ 30,155,860 less 2011 payroll for protective service employees exempt from contribution $ 12,287,695 $ 1,736,238 less 2011 payroll for transit employees exempt from contribution $ 1,029,132 less 2011 payroll for sewer utility employees $ 1,382,584 (4) less 2011 payroll for water utility employees $ 1,619,220 less 2011 payroll for storm water utility employees $ 239,310 less 2011 payroll for other enterprise employees - golf $ 119,863 less 2011 payroll for other enterprise employees - safety $ 56,109 less 2011 payroll for other enterprise employees - parking $ 34,380 subtotal $ 13,387,566 times 5.8 % $ 0.058 (5) less 2011 health insurance premiums for safety $ 776,479 less 2011 pension contributions by general fund employees $ - net general fund savings in 2012 $ $ Health Insurance: 2011 health insurance premiums for all employees $ 8,169,635 less 2011 health insurance premiums for protective service employees exempt from contribution $ 3,023,943 less 2011 health insurance premiums for transit employees exempt from contribution $ 347,366 less 2011 health insurance premiums for sewer utility employees $ 412,499 less 2011 health insurance premiums for water utility employees $ 482,732 less 2011 health insurance premiums for storm water utility employees $ 62,081 less 2011 health insurance premiums for golf $ 31,783 less 2011 health insurance premiums for safety $ - less 2011 health insurance premiums for parking, $ 17,756 less 2011 health insurance premiums for other enterprise employees $ - subtotal $ 3,791,575 times 12% 0.12 $ 454,989 less amount paid by general fund employees in 2011 $ 299,179 net general fund savings in 2012 $ 776,479 155,810 Net effect on general fund in calendar year 2012 $ (803,949) prepared by: Peggy Steeno, Finance Director date: 6-3 -2011 telephone: 920 -236 -5005 email: psteeno @ci.oshkosh.wi.us Notes: (1) Includes an estimated 10% cut in Transit Aid. Excludes 10% cut in state aid to public library systems since State agencies have not released information on how the cut will be distributed to individual communities and libraries. (2) For simplicity, savings are based on 2011 budget rather than on estimates of 2012 budget. Payroll costs may not increase much from 2011 to 2012, so the pension saving should be reasonably accurate. Health insurance costs will likely increase in 2012, so using 2011 costs may overstate the savings.. (3) MOE REMOVED BYJFC ON 6 -2 -11 (4) Pension and health insurance contributions from utility and other non - general fund employees will create savings in the utility or other fund. The savings may produce rate reductions in the sewer, water, electric, or storm water utilities. In accordance with sound accounting practices, our community does not utilize utility or enterprise funds to support the general fund. (5) The City of Oshkosh does not pay retirement or health for elected officials so there is not an amount included for this. List of Good and Bad Things in the State Budget - League of WI Municipalities - P" i Home Legislative Legal Resources Conferences About the League OF W6GOF1€1N AAfDNICIPAI.TEIB Contact Us Dist of Good and Bad Things in Act Site Map 32, the 2011 -2013 State Budget Press Releases Prepared by Curt Witynski, League of Wisconsin Advertising Municipalities Refund Policy July 1, 2011 The Urban Alliance Legacy Communities Good things in the State Budget for Municipalities In Legislative: ® Newly hired police and fire employees must contribute to their pension. 2011 - 2012 Legislative ® No lo necessary to bar gain with p olice and fire unions Session g � g l? 2009 -2010 Session on choice and design of health insurance plans — prohibited Advisory Committee on subject of bargaining. . Legislation ® Arbitrators in police and fire interest arbitration are Legislative Directory required to give greater weight to local economic conditions. Lobbying Corps ® Maintenance of effort on police and fire spending repealed. Local Government ® Arbitration option in police discipline cases is repealed. Stormwater Group Police and fire commission is the only option for reviewing Policy disciplinary matters. Appeal is to circuit court only. League Resolutions ® Eligibility threshold for participating in Wisconsin National League of Retirement System is increased from 600 to 1,200 hours in a Cities year. ® Library maintenance of effort repealed. Search ® Municipalities authorized to combine police and fire Go departments into one public safety department. 00 Full Site ® Last session's expansion of Prevailing Wage Law rolled G This Section back in major part. Search Tips ® Developed urban area stormwater performance standard requiring a 40% reduction in total suspended solids by 2013 is repealed. Printer - friendly Version List of Good and Bad Things in the State Budget - League of WI Municipalities ® Transit workers exempted from Act 10 collective bargaining changes, ensuring municipalities continue to remain eligible for federal transit aid. ® Funding for Expenditure Restraint Program at same level as past two years: $58 million. ® Clarifies that employee contributions to WRS under Act 10 must be calculated pre -tax. ® Clarifies that the CPI limit and need for a referendum on base wage increases for general municipal employees under Act 10 only applies in the context of collective bargaining agreements. Bad things in the State Budget for Municipalities • Shared revenue handing cut by 7% ($47.7 million.) • General Transportation Aids funding for cities and villages cut by 6 %. • Transit operating aids program cut by 10 %. • Payment for municipal services program cut by 10 %. • Funding for recycling grant program reduced from $32 million to $19 million annually. ® Strict levy limits imposed permanently (i.e., percentage growth in equalized value from net new construction or zero). • Regional Transit Authority enabling legislation repealed. • Local governments expressly prohibited from adopting local prevailing wage ordinances. ® Counties prohibited from using their own workforce to perform highway improvement projects for any city or village with a population exceeding 5,000. -® Municipalities prohibited from using a competitive bidding method that gives preference based on the geographic location of the bidder or that uses criteria other than the lowest responsible bidder in awarding a contract. ® Police and Fire management teams exempted from WRS contribution requirement. ® Emergency medical providers exempted from WRS contribution requirement. Home I Legislative I Legal I Resources I Conferences I About the League [ Contact Us I Site Mao I Press Releases Advertising I Refund Poll cv I The Urban Alliance I Legacy Communities httn- / /www }wm -infn nra /inrlPx acn ?TvnP =R R A ST(�Rr�F.( = �R�Rd1 Rd1 _ i FQ_dQQ d _QdFS_ 7hV*")O1 1 City of Oshkosh 2012 Budget Calendar JANUARY S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 FEBRUARY S M T W T F S S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 23 24 25 26 MARCH S M T W T F S S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 28 29 APRIL S M T W T F S F S 1 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 rIL S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 30 JUNE S M T W T F S 1 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 30 27 JULY S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 AUGUST S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 29 30 27 SEPTEMBER S M T W T F S S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 27 OCTOBER S M T W T F S F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 23 24 25 26 NOVEMBER S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 DECEMBER S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 CITY HALL 215 Church Avenue P.O. Box 1130 Oshkosh, 9 0 3 - 1 3 0 54 City of Oshkosh 903 -130 OIHKOIH MEMORANDUM DATE: July 7, 2011 TO: Honorable Mayor and Members of the Common Council FROM: Mark A. Rohloff, City Manager -1 )� RE: Engineering Services Agreement Amendment - Westfield Street Bridge - Strand Associates (Strand) In November, 2010, a contract was awarded to Strand to conduct design services for the Westfield Street Bridge over Sawyer Creek. This contract was previously amended in March of 2011. Through the course of performing these services, the scope of the project was revised, to include additional utility design services, and to revise previously approved work. The additional utility design services included design for reconstructing the water main and sanitary sewer in the vicinity of the Westfield Street Bridge. The revisions to the design were done to reduce / eliminate the need to obtain easements from adjacent property owners to facilitate the construction of the project. The amount of this contract amendment is $15,000. This will raise the total contract to an amount not to exceed $195,000. The original contract was funded partially by the Storm Water Utility and partially by the Street Improvements portion of the Capital Improvements Program. The work associated with this contract amendment is being split between the accounts with the same percentages as the original contract, 70% to the Storm Water Utility, 30% to the Street Improvements. Funding for these services is available in both accounts. Section 12- 10(D)(5) of the Municipal Code provides that professional services of a specialized nature, including engineering services, may be approved by the City Manager without the use of formal, sealed quotes. In accordance with 12 -10(E) of the Code, I am hereby submitting this report regarding this contract award. Please contact me if you have any questions concerning this contract amendment MAR/jer I: \Engineering \11 -03 Westfield Street Bridge\ Project_ Information \Correspondence\Memo\Memo from Mark R Westfield Street Bridge Amendment 07- 07- 2011.doc Page 1 of 1 co, CITY HALL 215 Church Avenue P.O. Box 1130 Oshkosh, 903 -11 0 City f Oshkosh 54903 -1130 Y QIHKOlH MEMORANDUM DATE: July 7, 2011 TO: Honorable Mayor and Members of the Common Council FROM: Mark A. Rohloff, City Manager 1 'e(a' IF RE: Award of Engineering Services Agreement — Westfield Street Bridge Construction Related Services / Strand Associates. (Strand) The Department of Public Works requested a proposal from Strand to provide construction related services associated with the construction of the Sawyer Creek Channel Improvements. These construction related services will include, but are not limited to, providing a full time onsite project representative, reviewing shop drawings, reviewing Contractor pay requests and providing record drawings. Strand was chosen due to their experience with the design of the Westfield Street Bridge Project. The cost of these design services is estimated not to exceed $69,000.00. Funding is available in the Storm Water Utility for these services. Section 12- 10(D)(5) of the Municipal Code provides that professional services of a specialized nature, including engineering services, may be approved by the City Manager without the use of formal, sealed quotes. In accordance with 12 -10(E) of the Code, I am hereby submitting this report regarding this contract award. Please contact me if you have any questions concerning this contract award. MAR/jer 1:\Engineering \11 -03 Westfield Street Bridge\ Project _Information \Construction_Admin \CRS Contract - Strand\Memo from Mark R Westfield Street Bridge CRS 07- 07- 2011.doc Page 1 of 1 % CITY HALL 215 Church Avenue P.O. Box 1130 Oshkosh, 4903 -1130 City of Oshkosh - 0 OIHKQVH MEMORANDUM DATE: July 7, 2011 TO: Honorable Mayor and Members of the Common Council FROM: Mark A. Rohloff, City Manager �i— /-C— RE: Award of Engineering Services Agreement — Sawyer Creek Channel Improvements / Strand Associates. (Strand) The Department of Public Works requested a proposal from Strand for the preparation of construction documents associated with the construction of the Sawyer Creek Channel Improvements. These channel improvements will include dredging of sediment and stream bed parent material to provide a more efficient conveyance of water through the creek. Strand was chosen due to their experience with the recent Westfield Street Bridge over Sawyer Creek, and their storm water modeling efforts for the Sawyer Creek Watershed. The cost of these design services is estimated not to exceed $92,500.00. Funding is available in the Storm Water Utility for these services. Section 12- 10(D)(5) of the Municipal Code provides that professional services of a specialized nature, including engineering services, may be approved by the City Manager without the use of formal, sealed quotes. In accordance with 12 -10(E) of the Code, I am hereby submitting this report regarding this contract award. Please contact me if you have any questions concerning this contract award. MAR/jer I: -17 Sawyer Creek Channel Improvements\Project Information \Correspondence\MemoNemo from Mark R Sawyer Creek Channel Improvements 07- 07- 2011.doc Page 1 of 1 I MOVE THAT FOLLOWING THE ADJOURNMENT OF THIS MEETING THAT THE COUNCIL CONVENE INTO EXECUTIVE SESSION PURSUANT TO SECTION 19.85(1)(G) OF THE WISCONSIN STATE STATUTES TO CONFER WITH LEGAL COUNSEL CONCERNING STRATEGY TO BE ADOPTED WITH RESPECT TO LITIGATION IN WHICH THE CITY MAY BECOME INVOLVED IN RELATION TO A CLAIM SUBMITTED BY JANICE AND SEAN ADAMS; AND, TO DISCUSS NEGOTIATION STRATEGIES FOR ACQUISITION OF PUBLIC PROPERTY RIGHTS FOR RIVERWALK PURPOSES FOR PROPERTY OWNED BY CITY CENTER ASSOCIATES, LLC LOCATED ALONG THE FOX RIVER EAST OF JACKSON STREET PURSUANT TO SECTION 19.85(1)(E) OF THE WISCONSIN STATE STATUTES WHERE COMPETITIVE AND BARGAINING REASONS REQUIRE A CLOSED SESSION.