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OSHKOSH COMMON COUNCIL AGENDA
COUNCIL CHAMBERS, CITY HALL
OSHKOSH, WISCONSIN
August 27, 2024

If anyone requires reasonable ADA accommodations, please contact the office of the City Manager at citymgr@oshkoshwi.gov, or phone 920-236-5002.

To send written correspondence to the Council, mail it to the City Manager, place it in the City Hall dropbox, or email it to council@oshkoshwi.gov (prior to the Council meeting).

CALL TO ORDER (6:00 p.m.)

ROLL CALL

INVOCATION - VOTING FIRST: Council Member Stephenson

Invocation #3

PLEDGE OF ALLEGIANCE

WORKSHOP

Contract for EMS Services Outside of City and Impact on Need for 4th Ambulance Unit

PRESENTATION

Review of 2023 Annual Comprehensive Financial Report (ACFR) by KerberRose

Presentation of Parking Policy Analysis and Recommendation from the Transportation Committee

CITIZEN STATEMENTS TO COUNCIL
(Citizens are to address the Council only. Statements are limited to five (5) minutes; they must address items that are not listed on the Council meeting agenda, are limited to issues that have an impact on the City of Oshkosh and the Common Council may address at a future meeting, and must not include endorsements of any candidates or other electioneering.) If you require more time please inform the Mayor at the beginning of your presentation.

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.)

Report of Bills

Receipt & Filing of Minutes - Common Council Meetings

Receipt & Filing of Claim - Kiehl

Receipt & Filing of Claim - Charles Van Densen

Receipt & Filing of Claim - Wisconsin Distributors

Res 24-472

Disallowance of Claim - Jacqueline Saad

10.

Res 24-473

Amend 2024 CIP and Approve Proposal from USA Fire Protection for Fire Suppression System for GO Transit Administration and Garage Facilities ($639,910.00)

11.

Res 24-474

Approve Professional Services Agreement with Brown and Caldwell for Municipal Code Chapter 14 Storm Water Management Ordinance Update ($77,485)

12.

Res 24-475

Approve CIP Amendment and Award Bid for Public Works Contract No. 24-26 to Al Dix Concrete, Inc. for Annual Concrete Rehabilitation ($431,921)

13.

Res 24-476

Approve Special Event - UW Oshkosh to Utilize City Streets for Their Move In Days, August 29 - 31, 2024

14.

Res 24-477

Approve Special Event - University of Wisconsin Oshkosh Marching Band to Utilize City Streets for the UW Oshkosh Football Games - Titan Thunder March At JJ Keller Titan Stadium, September 7, September 14, September 21, October 12, October 19, and November 9, 2024

15.

Res 24-478

Approve Special Event - University of Wisconsin Oshkosh Athletics to Host the UW Oshkosh Home Football Games at JJ Keller Titan Stadium, September 7, September 14, September 15, September 21, September 29, October 12, October 19, October 27, and November 9, 2024

16.

Res 24-479

Approve Special Event - Bella Medical Clinic to Utilize City Streets and South Park Trail for the Walk for Life Event, October 5, 2004

17.

Res 24-480

Approve Special Event - National Alliance on Mental Illness (Nami) Oshkosh to Utilize City Streets & Sidewalks for the Oshkosh 5k for Mental Health and Suicide Awareness, May 3, 2025

18.

Res 24-481

Approve Combination "Class A" Beer/Liquor License Surrender and Approve Issuance of Combination "Class A" Beer/Liquor License - Badgers Retail (Bob's Mini Mart / Gas Station)

19.

Res 24-482

Approve Special Class "B" License(s)

ITEMS REMOVED FROM CONSENT AGENDA

PENDING ORDINANCE

20.

Ord 24-483

Approve Zone Change from Central Mixed-Use District with Riverfront Overlay (CMU-RFO) to Central Mixed-Use District with Riverfront and Planned Development Overlay (CMU-RFO-PD) at 400 City Center (Plan Commission Recommends Approval) (Applicant Requests Laying Over until Applicant Requests Consideration)

NEW ORDINANCES (NOTE: It is anticipated that there will be no formal action taken at this meeting on items marked with an asterisk (*) unless Council formally waives the rules.)

21.

*Ord 24-484

Amend Section 13-6 of the City of Oshkosh Municipal Code Pertaining to Fireworks; and Amend Sections 13-20 and Create Section 13-21 of the City of Oshkosh Municipal Code Pertaining to Penalties for Violations of Chapter 13 for Adult and Juvenile Offenders and to Specifically Amend the Forfeiture for Violation of Ordinances Pertaining to the Possession and Use of Fireworks

22.

*Ord 24-485

Approve Zone Change from Institutional District (I) to Single Family Residential-9 District (SR-9) at 929 Winnebago Avenue (Plan Commission Recommends Approval)

23.

*Ord 24-486

Approve Zone Change from Institutional District (I) and Single Family Residential-9 District (SR-9) to Institutional District with a Planned Development Overlay (I-PD) at 108 West New York Avenue and Property Located at Southeast Corner of West Custer Avenue and Kentucky Street (Parcel 1500740100) (Plan Commission Recommends Approval)

PENDING RESOLUTIONS

24.

Res 24-487

Approve General Development Plan and Specific Implementation Plan for a Personal Storage Facility at 400 City Center (Plan Commission Recommends Approval) (Applicant Requests Laying Over until Applicant Requests Consideration)

NEW RESOLUTIONS

25.

Res 24-488

Approve Tax Increment Finance (TIF) Closure Policy (Long Range Finance Committee Recommends Approval)

26.

Res 24-489

Amend the 2024 Fees and Charges Schedule for the Recreational Burning Permit Fee

27.

Res 24-490

Approve 2025-2034 Capital Improvement Plan

28.

Res 24-491

Approve Tax Incremental District No. 44 Project Plan; Designate Tax Incremental District No. 44 Boundaries; Create Tax Incremental District No. 44 Northwest Oshkosh Expansion Area (Plan Commission Recommends Approval)

29.

Res 24-492

Approve Amended Commercial Quadricycle License for Oshkosh Pedal Trolley, LLC

COUNCIL DISCUSSION, DIRECTION TO CITY MANAGER & FUTURE AGENDA ITEMS

30.

Discussion and Direction to City Manager

Direction from Council on Truck Route Changes as a Result of KL Engineering Study Presentation

Disposition of Remaining Combination "Class B" Liquor Licenses (Larson)

31.

Future Agenda Items and Workshops

Budget Workshop #2 - 2025 Early Projections and Direction on Priorities from Council, August 28, 2024, 5:00 p.m.

Undergrounding Utilities, date to be determined

COUNCIL MEMBER ANNOUNCEMENTS & STATEMENTS

CITY MANAGER ANNOUNCEMENTS & STATEMENTS

32.

Cooperative Purchase of 2024 Zero Turn Rotary Mower from Reinders, Inc. for Parks Department ($68,375.55)

33.

Outstanding Issues

ADJOURN

TO:

Honorable Mayor and Members of the Common Council

FROM:

Mike Stanley, Fire Chief

DATE:

08/27/2024

SUBJECT:

Contract for EMS Services Outside of City and Impact on Need for 4th Ambulance Unit

Attachments

Council Workshop_EMS Service

2022-2026 EMS Agreement

2022-2026 agreement - Clarification of Terms

SUBJECT:

Review of 2023 Annual Comprehensive Financial Report (ACFR) by KerberRose

DATE:

08/27/2024

Background

The full 2023 Annual Comprehensive Financial Report (ACFR) is available on our website.

Attachments

Audit Presentation

TO:

Honorable Mayor and Members of the Common Council

FROM:

Jim Collins, Director of Transportation

DATE:

08/27/2024

SUBJECT:

Presentation of Parking Policy Analysis and Recommendation from the Transportation Committee

Attachments

Oshkosh Parking Analysis

Street Cleaning Analysis

TO:

Honorable Mayor and Members of the Common Council

FROM:

Julie Calmes, Director of Finance

DATE:

08/27/2024

SUBJECT:

Report of Bills

Background

The items below are being presented for approval by the Oshkosh Common Council.
These items have been properly audited and certified by the City Comptroller and are herewith submitted for your allowance in the amount of $9,178,072.78.

Bills paid August 9 and August 16, 2024

$3,781,676.87

Payroll paid August 16, 2024

$1,220,600.72

Regular cycle payables paid throughout the month of July

$ 3,539,841.69

Regular UMR payables paid throughout the month of July

$635,953.50

Attachments

08092024 Checkrun

July 2024 UMR

SUBJECT:

Receipt & Filing of Minutes - Common Council Meetings

DATE:

08/27/2024

Attachments

Draft Meeting Minutes 06.11.24

Draft Meeting Minutes 06.25.24

Draft Meeting Minutes 07.23.24

SUBJECT:

Receipt & Filing of Claim - Kiehl

DATE:

08/27/2024

Background

Claimant: Nathan Kiehl

Date of Loss: 07/30/2024

Claimant alleges damage from rock hitting windshield from City mower.

SUBJECT:

Receipt & Filing of Claim - Charles Van Densen

DATE:

08/27/2024

Background

Claimant: Charles Van Densen
Date of Loss: 08/12/2024

Claimant alleges that a Sanitation truck struck a construction road barrier, which damaged his vehicle.

SUBJECT:

Receipt & Filing of Claim - Wisconsin Distributors

DATE:

08/27/2024

Background

Claimant: Wisconsin Distributors
Date of Loss: 06/18/2024

Claimant alleges that a City employee backed into one of their company vehicles.

SUBJECT:

Disallowance of Claim - Jacqueline Saad

DATE:

08/27/2024

Attachments

RES 24-472

Statewide

TO:

Honorable Mayor and Members of the Common Council

FROM:

Jon Urben, General Services Manager

DATE:

08/27/2024

SUBJECT:

Res 24-473 Amend 2024 CIP and Approve Proposal from USA Fire Protection for Fire Suppression System for GO Transit Administration and Garage Facilities ($639,910.00)

BACKGROUND

The current Transit Administration and Garage facility was repurposed in 1980 to accommodate the department's operational and garage needs. At that time, code did not require the installation of a fire sprinkler system. Now that there are approximately $10,000,000 in federally funded assets in the facility the Federal Transit Administration requires these assets to be protected and current code requires the facility to be sprinklered. As such the city requested proposals from professional firms to install fire sprinklers, alarms, and panels to provide fire protection for the facility. The project was originally budgeted in 2024 CIP for $225,000.00. However; upon further investigation it was determined that the project scope was much more extensive than originally thought as it will involve connecting the fire sprinkler system to the water main in the street with pavement replacement among the additional costs.

ANALYSIS

An RFP for this project was issued on June 14, 2024. The RFP was sent to known fire protection firms and posted on DemandStar. Proposals were due July 11, 2024. While several firms expressed interest in the project, only one firm submitted a proposal. The proposal was evaluated against the stated RFP criteria that included the description of firm/qualifications, project team experience with similar projects, project understanding, ability to meet the project schedule, desired and value-added capability, and budget and fee information. A cross-functional evaluation team of city staff evaluated the proposal and based on the evaluation criteria and process, determined the proposal from USA Fire Projection met or exceeded all the criteria identified in the RFP. In consideration of these factors, staff recommends USA Fire Protection be awarded this project.

FISCAL IMPACT

The total fiscal impact of USA Fire Protection's cost proposal for this project is $639,910.00. These services will be charged to A/N#: 03221728- 7214- 63014 (Sprinkler/Fire Suppression System). GO Transit secured Federal Transportation Administration/CARES grant funds that will fund this project 100%. The grant revenue account number for this will be 03221728-4208-11107 with an amended budget of $655,000. The difference will be used to accommodate any unanticipated expenses as the project proceeds. There are no local funds required.

The CIP budget amendment is to increase 03221728 7214 63014 (Sprinkler/Fire Suppression System) from $225,000 to $655,000. And also increase the grant revenue account 03221728-4208-11107 from $0 to $655,000.

RECOMMENDATION

Staff recommends that the Common Council amend the 2024 CIP and approve the proposal submitted by USA Fire Protection, 15775 W. Schaefer Ct., New Berlin, WI 53151 for fire sprinklers, fire alarm and panels to provide a fire suppression system for the Transit Administration and Garage Facility for $639,910.00. If you have any questions regarding this recommendation, please contact Transportation Director Collins or me.

Attachments

RES 24-473

TO:

Honorable Mayor and Members of the Common Council

FROM:

Justin Gierach, Engineering Division Manager/City Engineer

DATE:

08/27/2024

SUBJECT:

Res 24-474 Approve Professional Services Agreement with Brown and Caldwell for Municipal Code Chapter 14 Storm Water Management Ordinance Update ($77,485)

BACKGROUND

The Wisconsin Department of Natural Resources (WDNR) administers the Targeted Runoff Management and Urban Nonpoint Source and Storm Water Grant programs. These programs offer a 50/50 cost share financial assistance to local units of government for planning and implementing storm water management facilities to control the amount of pollutants that discharge to Waters of the State. In October 2023, the WDNR awarded the City of Oshkosh (City) a grant for updating the City's storm water ordinance regarding the City's current post-construction storm water management performance standards.

ANALYSIS

To assist with this work, the Department of Public Works requested a proposal from Brown and Caldwell. Brown and Caldwell was chosen because of their knowledge of the City and vast experience with this type of work. Their services will include a municipal code review workshop with City staff, meetings with up to three (3) City boards or committees, post-construction storm water management code evaluation and updates, review and update to Storm Water Utility Credit Policy, preparation of code review guidance documents, stakeholder draft code review presentation, and public official presentation.

FISCAL IMPACT

The cost of these services is estimated not to exceed $77,485, and will be funded through the Storm Water Utility Operating Budget (Account #05612030-6401/Engineering & Planning-PS – Engineer/Survey/Appraisal).

RECOMMENDATION

Chapter 12 of the Municipal Code of the City of Oshkosh (Code) provides that professional services of a specialized nature, including engineering services, may be procured without the use of formal, sealed quotes. I have reviewed this agreement and in accordance with Section 12-16 of the Code, I am hereby recommending that the Common Council approve the award of this professional services agreement

Attachments

RES 24-474

B&C SW Mgmt Ordinance Update proposal

TO:

Honorable Mayor and Members of the Common Council

FROM:

Justin Gierach, Engineering Division Manager/City Engineer

DATE:

08/27/2024

SUBJECT:

Res 24-475 Approve CIP Amendment and Award Bid for Public Works Contract No. 24-26 to Al Dix Concrete, Inc. for Annual Concrete Rehabilitation ($431,921)

BACKGROUND

The purpose of this Project is to rehabilitate concrete pavement on Congress Avenue, East Murdock Avenue, Cliffview Drive, Packer Avenue, and North Main Street.

ANALYSIS

Engineering staff reviewed four (4) bids. The low Bid was received from Al Dix Concrete, Inc. of Kaukauna, Wisconsin.

FISCAL IMPACT

Funding for a portion of this Project is in the 2024 Capital Improvement Program (CIP) (Account No. 02240410-7218-15241/ARPA - DPW-Road Improvement-ARPA – Infrstruc/CIP -2022 and Account No. 02240410-7218-15131/ARPA – DPW-Road Improvement-ARPA – Loss Revenue/CIP – 2021). Additional funding for the remaining portion of this Project is available from CIP Projects which have come in under budget:
• $17,005.02 will be transferred from Account No. 03210410-6801-04107 (Contract Control-Paving-21-07 Knapp St Area Water Main Rplm) to Account No. 03210410-6801-04090 (Contract Control-Paving-Annual -Concrete Pavement Repairs).
• $430,000 will be transferred from Account No. 03210410-6801-04202 (Contract Control-Paving-22-02 East 9th Ave Reconstruction) to Account No. 03210410-6801-04090 (Contract Control-Paving-Annual -Concrete Pavement Repairs).

Following is a summary of the available funds (after the transfers) and the estimated total construction cost, including ancillary costs such as engineering fees, landfill tipping fees, construction materials testing fees, and other construction-related expenses. Special Assessments will be levied to adjoining property owners per the City's Special Assessment Policy.

CIP Section

CIP Funds
Budgeted/Transferred

Estimated Total
Construction Cost

Street

$447,005

$359,958

ARPA

$127,794

Totals

$574,799

$487,752

RECOMMENDATION

I recommend award to the low bidder, Al Dix Concrete, Inc. in the amount of $431,921 and amending the CIP.

Attachments

RES 24-475

24-26 bid tab

TO:

Honorable Mayor and Members of the Common Council

FROM:

Kathy Snell, Special Events Coordinator

DATE:

08/27/2024

SUBJECT:

Res 24-476 Approve Special Event - UW Oshkosh to Utilize City Streets for Their Move In Days, August 29 - 31, 2024

Attachments

RES 24-476

UWO Move In Days Attachment

TO:

Honorable Mayor and Members of the Common Council

FROM:

Kathy Snell, Special Events Coordinator

DATE:

08/27/2024

SUBJECT:

Res 24-477 Approve Special Event - University of Wisconsin Oshkosh Marching Band to Utilize City Streets for the UW Oshkosh Football Games - Titan Thunder March At JJ Keller Titan Stadium, September 7, September 14, September 21, October 12, October 19, and November 9, 2024

Attachments

RES 24-477

UWO Home Football Games - Titan Thunder March Attachment

TO:

Honorable Mayor and Members of the Common Council

FROM:

Kathy Snell, Special Events Coordinator

DATE:

08/27/2024

SUBJECT:

Res 24-478 Approve Special Event - University of Wisconsin Oshkosh Athletics to Host the UW Oshkosh Home Football Games at JJ Keller Titan Stadium, September 7, September 14, September 15, September 21, September 29, October 12, October 19, October 27, and November 9, 2024

Attachments

RES 24-478

UWO Home Football Games attachment

TO:

Honorable Mayor and Members of the Common Council

FROM:

Kathy Snell, Special Events Coordinator

DATE:

08/27/2024

SUBJECT:

Res 24-479 Approve Special Event - Bella Medical Clinic to Utilize City Streets and South Park Trail for the Walk for Life Event, October 5, 2004

Attachments

RES 24-479

Walk for Life Attachment

Walk for Life Route Attachment

TO:

Honorable Mayor and Members of the Common Council

FROM:

Kathy Snell, Special Events Coordinator

DATE:

08/27/2024

SUBJECT:

Res 24-480 Approve Special Event - National Alliance on Mental Illness (Nami) Oshkosh to Utilize City Streets & Sidewalks for the Oshkosh 5k for Mental Health and Suicide Awareness, May 3, 2025

Attachments

RES 24-480

NAMI 5K Attachment

NAMI 5K Route Attachment

TO:

Honorable Mayor and Members of the Common Council

FROM:

Diane Bartlett, City Clerk

DATE:

08/27/2024

SUBJECT:

Res 24-481 Approve Combination "Class A" Beer/Liquor License Surrender and Approve Issuance of Combination "Class A" Beer/Liquor License - Badgers Retail (Bob's Mini Mart / Gas Station)

Attachments

RES 24-481

Surrender to Badger Retail

Badger Retail Original Application

TO:

Honorable Mayor and Members of the Common Council

FROM:

Diane Bartlett, City Clerk

DATE:

08/27/2024

SUBJECT:

Res 24-482 Approve Special Class "B" License(s)

Attachments

RES 24-482

TO:

Honorable Mayor and Members of the Common Council

FROM:

Mark Lyons, Planning Services Manager

DATE:

08/27/2024

SUBJECT:

Ord 24-483 Approve Zone Change from Central Mixed-Use District with Riverfront Overlay (CMU-RFO) to Central Mixed-Use District with Riverfront and Planned Development Overlay (CMU-RFO-PD) at 400 City Center (Plan Commission Recommends Approval) (Applicant Requests Laying Over until Applicant Requests Consideration)

BACKGROUND

The subject site consists of the City Center shopping center building, located at the southeast corner of Jackson Street and Division Street. The City Center building is enveloped by a 16.5-acre condo parcel. The surrounding parent parcel has four street frontages as well as frontage on the Riverwalk. The site was constructed in 1970 and has several commercial and institutional users, and the surrounding area consists primarily of commercial uses. The 2040 Comprehensive Land Use Plan recommends Center City use for the subject site.

ANALYSIS

The applicant is requesting a zone change from the existing Central Mixed-Use District with Riverfront Overlay (CMU-RFO) designation to Central Mixed-Use District with Riverfront and Planned Development Overlay (CMU-RFO-PD) for the subject property. The requested Planned Development Overlay designation is intended to allow for flexibility in the zoning ordinance to accommodate a new use on the property. The applicant has submitted plans for a personal storage facility, which will be addressed as a General Development Plan (GDP) and Specific Implementation Plan (SIP) at the Common Council meeting on August 14, 2024.

Staff is supportive of the proposed zone change to include a Planned Development Overlay as it may serve to accommodate future development needs for the site. The Planned Development Overlay will provide flexibility for future development or redevelopment plans as it relates to the unique lot configuration with four street frontages. The proposed CMU-RFO-PD zoning designation is also consistent with the 2040 Comprehensive Land Use Plan recommendation (Center City) as well as the neighboring commercial land uses.

RECOMMENDATION

The Plan Commission recommended approval of the requested zone change for the property located at 400 City Center with findings on July 16, 2024. Please see the attached staff report and meeting minutes for more information.

Attachments

Ord 24-483

Rezone - 400 City Center

TO:

Honorable Mayor and Members of the Common Council

FROM:

Lynn Lorenson, City Attorney

DATE:

08/27/2024

SUBJECT:

*Ord 24-484 Amend Section 13-6 of the City of Oshkosh Municipal Code Pertaining to Fireworks; and Amend Sections 13-20 and Create Section 13-21 of the City of Oshkosh Municipal Code Pertaining to Penalties for Violations of Chapter 13 for Adult and Juvenile Offenders and to Specifically Amend the Forfeiture for Violation of Ordinances Pertaining to the Possession and Use of Fireworks

BACKGROUND

At the August 14, 2024 meeting, the Common Council directed preparation of an ordinance to increase the penalties for violation of the ordinance pertaining to the possession and use of fireworks to one thousand dollars ($1000.00).

ANALYSIS

Consistent with the direction given by Council, staff has prepared an ordinance to update the provisions in Chapter 13 Fire Prevention that deal with fireworks.

Of note, as staff reviewed the ordinance we recommend two amendments to the ordinances in addition to simply increasing the forfeiture amount. When we review ordinances for potential updates we check any statutory references, and in this case are recommending an update to the ordinance to reflect an additional specific statutory reference for possession and use of fireworks. The second recommended amendment is to clearly separate juvenile and adult forfeiture amounts within the Chapter.

The forfeiture for both adults and juveniles was increased to $1000.00 in the draft ordinance. Realizing that there was not discussion of juvenile forfeitures, if a council member believes that a different amount is appropriate for a juvenile, this could be accomplished by an amendment to the ordinance: "I move to amend the proposed forfeiture for juveniles to $XX".

In addition, Chief Smith forwarded information regarding other current forfeitures. Chief Smith indicated that there are currently 1597 different fines for ordinance violations. He provided the following samples of some forfeitures for council information:

No valid bartenders license

75.00

Prostitution

125.00

Adult Littering

75.00

Resisting Arrest

125.00

Juvenile Littering

50.00

Disorderly Conduct

125.00

Discharge a firearm

75.00

Open Intoxicants

75.00

Juvenile Discharge a firearm

75.00

Juvenile Open Intoxicants

50.00

Graffiti

125.00

OWI 1st offense

300.00

Juvenile Graffiti

25.00

Illegal Fireworks

75.00

Concealed Weapon

100.00

Juvenile Illegal Fireworks

50.00

Juvenile Concealed Weapon

100.00

It should be noted that court costs and in some cases surcharges would be added to the above amounts upon conviction. For example, a $75.00 forfeiture would become $232.00 when court costs are added. For a juvenile, court costs are limited to $5.00, making a $50.00 fine $55.00 upon conviction.

Attachments

Ord 24-484

Fireworks Forfeiture Ordinance Amendment - clean

Fireworks Forfeiture Ordinance Amendment - redline

TO:

Honorable Mayor and Members of the Common Council

FROM:

Mark Lyons, Planning Services Manager

DATE:

08/27/2024

SUBJECT:

*Ord 24-485 Approve Zone Change from Institutional District (I) to Single Family Residential-9 District (SR-9) at 929 Winnebago Avenue (Plan Commission Recommends Approval)

BACKGROUND

The petitioner is requesting a zone change of the former Washington Elementary School site. The subject area consists of one 2.66-acre parcel with frontage on Winnebago Avenue and School Avenue, east of Bowen Street. The surrounding area consists of single and two-family uses. Common Council recently approved a comprehensive land use map amendment from Community Facility to Light Density Residential for the subject site.

ANALYSIS

The City is in the process of acquiring the subject site and has agreed upon preliminary terms with Habitat for Humanity of Oshkosh to construct workforce affordable homes. In order to allow for construction of single-family homes, the area will need to be rezoned to a zoning district that allows single-family residential uses, and split into residential-sized lots through the platting process. The proposed Single Family Residential-9 (SR-9) zoning designation matches the zoning of the surrounding residential properties, which allows for single and two-family residential uses. The proposed SR–9 zoning designation is also consistent with the recently amended 2040 Comprehensive Land Use Plan recommendation of Light Density Residential for the subject site.

RECOMMENDATION

The Plan Commission recommended approval of the requested zone change at 929 Winnebago Avenue with findings on August 20, 2024. Please see the attached staff report and meeting minutes for more information.

Attachments

Ord 24-485

Rezone - 929 Winnebago Attachment

TO:

Honorable Mayor and Members of the Common Council

FROM:

Mark Lyons, Planning Services Manager

DATE:

08/27/2024

SUBJECT:

*Ord 24-486 Approve Zone Change from Institutional District (I) and Single Family Residential-9 District (SR-9) to Institutional District with a Planned Development Overlay (I-PD) at 108 West New York Avenue and Property Located at Southeast Corner of West Custer Avenue and Kentucky Street (Parcel 1500740100) (Plan Commission Recommends Approval)

BACKGROUND

The subject area included in the zone change request consists of two parcels totaling 5.93 acres, with frontage on West New York Avenue, Kentucky Street, Central Street, and West Custer Avenue. The property located at 108 West New York Avenue is the former Merrill School site and the property located at the southeast corner of West Custer Avenue and Kentucky Street is a vacant residential property. The surrounding area consists of residential uses and Vel Philips Middle School to the west. The 2040 Comprehensive Plan recommends Community Facility use for the former Merrill School property and Light Density Residential for the vacant residential property.

ANALYSIS

The zone change request includes the former Merrill School site and an adjoining vacant residential lot that has been purchased by the Oshkosh Area School District. The applicant is requesting to have both of these lots rezoned to Institutional district with a Planned Development Overlay (I-PD). This zone change is intended to provide consistent zoning for the subject properties to allow a lot combination and to allow flexibility of the zoning ordinance for proposed athletic fields to be utilized by Vel Philips Middle School. The applicant has submitted plans for the proposed athletic fields, which do not meet off-street parking requirements. The applicant has submitted an application for General Development Plan (GDP) and Specific Implementation Plan (SIP) approval, which will be considered at the September 10th, 2024 Common Council meeting.

Staff is supportive of the proposed zone change to include a Planned Development Overlay as it may serve to accommodate future land use needs for the site. The Planned Development Overlay is also beneficial as it will allow for further review of future plans to mitigate potential impacts on neighboring residential properties. Although the vacant residential property has a 2040 Comprehensive Land Use Plan recommendation of Light Density Residential, staff does not have concerns with the proposed rezone as the Comprehensive Plan is not intended to be parcel specific and the proposed I-PD zoning will be consistent with Institutional zoning of neighboring properties to the south and west, which are utilized by the Oshkosh Area School District.

RECOMMENDATION

The Plan Commission recommended approval of the requested zone change with findings on August 20, 2024. Please see the attached staff report and meeting minutes for more information.

Attachments

Ord 24-486

Rezone - Athletic Field Attachment

TO:

Honorable Mayor and Members of the Common Council

FROM:

Mark Lyons, Planning Services Manager

DATE:

08/27/2024

SUBJECT:

Res 24-487 Approve General Development Plan and Specific Implementation Plan for a Personal Storage Facility at 400 City Center (Plan Commission Recommends Approval) (Applicant Requests Laying Over until Applicant Requests Consideration)

BACKGROUND

The subject site consists of the City Center building, located at the southeast corner of Jackson Street and Division Street. The City Center building is enveloped by a 16.5-acre condo parcel. The surrounding parent parcel has four street frontages as well as frontage on the Riverwalk. The site was constructed in 1970 and has several commercial and institutional users, and the surrounding area consists primarily of commercial uses. The 2040 Comprehensive Land Use Plan recommends Center City use for the subject site.

ANALYSIS

The applicant is proposing to remodel the northern portion of the City Center building for a personal storage facility use, Extra Space Storage. The personal storage facility will use approximately 75,000 sq. ft. (10%) of the overall building. The applicant is requesting a base standard modification to allow the personal storage facility use as it is not permitted in the Central Mixed Use (CMU) District.

According to the applicant, the site will have overhead doors for customer vehicle access and approximately 35 customer cars per day are anticipated. The applicant notes that insufficient parking has been a problem when the site is fully utilized. The storage use will result in a reduction of parking demand for the site as it will only need 4 parking spaces as compared to other commercial uses which have a higher parking demand. The applicant feels that this will help with future parking needs for the site. The applicant states that the space has been on the market for 2 years and has received no interest as the market for large office space has dramatically changed over the last 5 years. They also feel that the proposed use will provide needed storage space for nearby apartment tenants.

The proposed building exterior modifications include closing the existing loading dock and providing glass overhead doors as well as painting the concrete panels and installing recyclable metal cladding on portions of the facades. The applicant also proposes using spandrel glass in window openings to shield the view of the storage operations within the building. This is intended to limit the industrial appearance and use of the site.

The applicant has submitted plans to remove existing building foundation landscaping for installation of new landscaping. The new landscaping will result in 136% of the existing landscaping points in these areas, which is intended to offset the requested base standard modification (BSM) to allow the prohibited land use.

A Plan Commission (PC) workshop was held on May 21, 2024 to discuss the proposed plans. PC was generally supportive of the plans, but voiced concerns with storage along a major thoroughfare, Jackson Street. PC also felt that the proposed building updates could be an improvement to the appearance of the building and it may be an opportunity to add greenspace.

BOARD/COMMISSION INFORMATION

Staff expressed concerns with allowing a storage use within the CMU District as the zoning ordinance only allows this use within industrial zoning districts and the use may not fit the character of a downtown area. There are existing personal storage facilities within the City in mixed use zoning districts, such as U-Haul sites on Ohio Street and North Koeller Street, and CubeSmart on South Koeller Street. However, the U-Haul on Ohio Street is zoned Urban Mixed Use (UMU) and was established prior to the current zoning ordinance, making it a legal nonconforming use. The U-Haul and CubeSmart sites along Koeller Street are zoned Suburban Mixed Use (SMU) and were approved with the intent of including commercial out lots along the street frontage to buffer the storage facility from public view.

The 2040 Comprehensive Land Use Plan recommendation of Center City is not intended to allow for storage or industrial uses. The site is located within the Downtown Outer Core subarea of the Imagine Oshkosh Plan, which does not list storage or industrial uses as desired land uses. Staff expressed concerns with setting a precedent of allowing a prohibited use that is inconsistent with the Comprehensive Land Use Plan and Imagine Oshkosh Plan for the Center City area.

At the July 16, 2024 Plan Commission voiced support for the proposed use developed and made the below findings in support of the proposed development and as justification for the necessary Base Standard Modifications. The attached minutes provide further information related to their comments and decision-making.

Does not detract from the physical appearance of the area and actually improves the look of a building that is a long-term staple of our downtown area
Produces a logical use for a downtown area that has limited storage opportunities
The continued growth of the downtown area for residential use with multi-family housing will necessitate increased convenient self-storage

FISCAL IMPACT

Approval of this may result in an increase in the assessed property value for the site. The applicant is anticipating spending approximately $850,000 on the proposed project.

RECOMMENDATION

The Plan Commission recommended approval of the requested General Development Plan and Specific Implementation Plan for a personal storage facility at 400 City Center with findings and conditions as established on July 16, 2024. Please see the attached staff report and meeting minutes for more information.

Attachments

RES 24-487

GDP SIP 400 City Center

TO:

Honorable Mayor and Members of the Common Council

FROM:

Julie Calmes, Finance Director

DATE:

08/27/2024

SUBJECT:

Res 24-488 Approve Tax Increment Finance (TIF) Closure Policy (Long Range Finance Committee Recommends Approval)

BACKGROUND

With some upcoming Tax Increment Finance (TIF) District closures, the Community Development and Finance departments thought it would be a good time to review the TIF Closure Policy.

ANALYSIS

The TIF Closure Review Process/Policy was created to document the process of a TIF closure as well as to indicate what the City portion of the TIF funds should be utilized for. The City currently has a couple of underperforming TIF's which have negative cash balances. The changes to the TIF Closure Policy will allow the City to create a reserve account with funds from positive performing TIF districts upon their closing. This reserve account could then be utilized at the closing of an under-performing TIF district.

FISCAL IMPACT

An anticipated financial benefit from the approval of the proposed Tax Increment Finance (TIF) Closure Policy is that underperforming TIF Districts will have the opportunity to have their deficits reduced or eliminated upon TIF District closure. Any TIFs with negative balances at closure would require financial assistance, presumably through the General Fund, to eliminate a deficit. Utilizing this option of allowing TIF Districts to become a donor district will enable the city to avoid having a TIF District close with a negative balance.

RECOMMENDATION

The Long Range Finance Committee and Staff recommends that Council adopt the Tax Increment Finance (TIF) Closure 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.

Attachments

RES 24-488

TIF Clean Version

TIF Redline Version

TO:

Honorable Mayor and Members of the Common Council

FROM:

Julie Calmes, Finance Director

DATE:

08/27/2024

SUBJECT:

Res 24-489 Amend the 2024 Fees and Charges Schedule for the Recreational Burning Permit Fee

BACKGROUND

The 2024 fee schedule was originally approved at the January 9, 2024 Council meeting. At the August 14th Council meeting, the Council recommended staff bring back a change to the Recreational Burning Permit fee that is currently in the 2024 fee schedule.

ANALYSIS

Based on Council direction, staff is proposing the fee schedule be amended to change the Recreational Burning Permit Fee from $15 to $0.

RECOMMENDATION

Staff recommends that Council pass this resolution.

Attachments

RES 24-489

FD Amended Fee Schedule

TO:

Honorable Mayor and Members of the Common Council

FROM:

Julie Calmes, Finance Director

DATE:

08/27/2024

SUBJECT:

Res 24-490 Approve 2025-2034 Capital Improvement Plan

BACKGROUND

In 2021, City Council approved a modification to the process of approving the Capital Improvement Plan. This revised process includes approving the Capital Improvement Plan earlier in the year so that the plan can then be incorporated in the Final Operating Budget in November.

The City Council held a budget workshop on July 30, 2024 to discuss the Manager Recommended Capital Improvement Plan which included potential general obligation (G.O.) borrowing of $21,503,150.

In addition, the Plan Commission considered the Manager Recommended Capital Improvement Plan on August 20, 2024. The Plan Commission recommends approval based on the finding that listed projects are not in conflict with the City of Oshkosh's Comprehensive Plan.

RECOMMENDATION

Staff recommends that Council approve the 2025-2034 Capital Improvement Plan. It is important to note that this is a plan for future capital projects. The actual funding for capital projects and the decision to issue debt for particular projects will be decided at a later date.

Attachments

RES 24-490

2025-2034 CIP Plan

TO:

Honorable Mayor and Members of the Common Council

FROM:

Kelly Nieforth, Director of Community Development

DATE:

08/27/2024

SUBJECT:

Res 24-491 Approve Tax Incremental District No. 44 Project Plan; Designate Tax Incremental District No. 44 Boundaries; Create Tax Incremental District No. 44 Northwest Oshkosh Expansion Area (Plan Commission Recommends Approval)

BACKGROUND

Tax Incremental District No. 44 (the "TID" or "District") is a proposed Mixed-Use district comprised of approximately 392 acres located in the northwest portion of the City, generally including the areas east and west of US HWY 45 between Interstate 41 and Ryf Road interchanges. The District will be created to pay the costs of public infrastructure improvements needed to allow for full development of areas within the District. This is the City's first Mixed-Use Tax Incremental District.

ANALYSIS

The District is being created as "Mixed Use" within the meaning of Wis. Stat. 66.1105(2)(cm) based on the combination of industrial, commercial, or residential uses. The statute further limits that land proposed for newly platted residential use, as shown in the Project Plan, may not exceed 35 percent, by area in the District. Establishment of the District will allow for the extension of necessary public infrastructure and enable the City to grow in the northwest portion of the City limits. Without the extension of the public infrastructure, it is unlikely the area within the District would develop to its full potential. The proposed projects and potential developments scored 75 points on the Mixed-Use scoring matrix within the City's TIF Policy, exceeding the minimum 50 points required. The project is consistent with recommendations within the City's 2040 Comprehensive Plan.

FISCAL IMPACT

The City anticipates making total expenditures of approximately $44.8 million to undertake projects identified in the Project Plan. Project costs include an estimated $18.6 million in "pay as you go" development incentives, an estimated $16.9 million for public infrastructure, and an estimated $314,000 in administrative costs. In addition to the public infrastructure projects, development incentives may be considered only for projects that can demonstrate a verifiable gap and are approved by the Common Council through a TIF Development Agreement. Based on the Project Cost expenditures identified on Table 3, page 30 of the Plan, the District is anticipated to close in 2043. At that point the full value of the properties would be included in the overall tax rolls which is currently estimated at $162 million if full development takes place.

RECOMMENDATION

The Plan Commission recommended approval of the Tax Increment District No. 44 Project Plan and boundaries on August 6, 2024. Please see the attached staff report and meeting minutes for more information.

Attachments

RES 24-491

TID 44 Staff Report

Oshkosh TID No. 44 Project Plan

TO:

Honorable Mayor and Members of the Common Council

FROM:

Mark Lyons, Planning Services Manager

DATE:

08/27/2024

SUBJECT:

Res 24-492 Approve Amended Commercial Quadricycle License for Oshkosh Pedal Trolley, LLC

BACKGROUND

The Common Council approved the 2024 commercial quadricycle license for Oshkosh Pedal Trolley, LLC on March 12, 2024. The approval included an approved route map for the 2024 season.

ANALYSIS

When the 2024 license was issued in March, the route map did not include Waugoo Avenue as the roadway was scheduled for reconstruction this summer. The applicant had been approved for use of Waugoo Avenue for prior license years. The Department of Public Works noted that they would be supportive of amending the 2024 license route map once construction was completed and to allow the use of Waugoo Avenue for the remainder of the season. Now that the construction has been completed, and the roadway is scheduled to reopen on September 1st, the applicant is requesting an amendment to the approved route map, as attached, for the remainder of the 2024 season.

RECOMMENDATION

Common Council approves the commercial quadricycle license for Oshkosh Pedal Trolley, LLC with the conditions as approved on March 12, 2024 and amendment of the route map beginning September 1, 2024.

Attachments

RES 24-492

Oshkosh Pedal Trolley Updated Route - Sept 2024

TO:

Honorable Mayor and Members of the Common Council

FROM:

Mark Rohloff, City Manager

DATE:

08/27/2024

SUBJECT:

Direction from Council on Truck Route Changes as a Result of KL Engineering Study Presentation

BACKGROUND

At the request of the Downtown Business Improvement District (BID), KL Engineering was hired to evaluate the city's truck routes through the Central City.

ANALYSIS

Please see the attached PowerPoint that was presented to the City Council by KL Engineering at the July 23rd council meeting.

FISCAL IMPACT

The fiscal impact of any changes will be signage and ordinance updates, which will be handled by staff.

RECOMMENDATION

I recommend that we follow KL Engineering's recommendation of a phased approach. Phase 1 would be to remove the truck route designation on North Main Street between High Avenue and Irving Avenue and add South Park Avenue between Ohio Street and Main Street. There is strong support for the removal of the section of North Main Street. Before adding South Park Avenue, the residents in this area should be notified and invited to provide input at a future Transportation Committee meeting.

Attachments

Oshkosh Designated Truck Route Study

SUBJECT:

Disposition of Remaining Combination "Class B" Liquor Licenses (Larson)

DATE:

08/27/2024

SUBJECT:

Budget Workshop #2 - 2025 Early Projections and Direction on Priorities from Council, August 28, 2024, 5:00 p.m.

DATE:

08/27/2024

SUBJECT:

Undergrounding Utilities, date to be determined

DATE:

08/27/2024

TO:

Honorable Mayor and Members of the Common Council

FROM:

Jon Urben, General Services Manager

DATE:

08/27/2024

SUBJECT:

Cooperative Purchase of 2024 Zero Turn Rotary Mower from Reinders, Inc. for Parks Department ($68,375.55)

BACKGROUND

In the 2024 CIP the Common Council allocated $85,255.00 for the Parks Department to purchase a new zero turn rotary mower with the polar track system for winter operations. The new unit will replace unit 454 that is a 2013 Toro Groundsmaster. The current unit has 3,572 hours and has incurred maintenance costs and repairs that have exceeded its value for trade and/or auction. This unit serves dual purpose for mowing/mulching and snow removal (sidewalks and trails).

ANALYSIS

Purchasing has confirmed that Reindeers, Inc. holds a Sourcewell cooperative contract for Toro landscape and grounds maintenance equipment (contract #031121-TTC). Utilizing this contract, the city saved approximately 22% ($17,783.35) off list price.

FISCAL IMPACT

Using the cooperative contracts noted above, the total fiscal impact of the mower and required accessories is $68,375.55. The 2024 CIP allocated $85,255.00 for this unit and will be charged to A/N#: 02240610 7204 15431 (Machinery and Equipment- ARPA 2024 Parks).

RECOMMENDATION

Section 12-15 of the Municipal Code provides that, subject to approval of the City Manager, cooperative purchases pursuant to a contract with any other local, state or federal governmental unit or agency may be made without following a competitive bidding or quotation process. In accordance with Section 12-15 of the Municipal Code and because this cooperative purchase is in excess of $25,000, I am hereby submitting a report of this purchase to the Common Council. If you have any questions about this purchase, please contact me or Parks Director Ray Maurer.

SUBJECT:

Outstanding Issues

DATE:

08/27/2024

Attachments

Outstanding Issues 08.27.24