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OSHKOSH COMMON COUNCIL AGENDA
COUNCIL CHAMBERS, CITY HALL
OSHKOSH, WISCONSIN
September 24, 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 Larson

Invocation #2

PLEDGE OF ALLEGIANCE - Lourdes Academy High School

INTRODUCTION OF STAFF

Sara Rutkowski, Assistant Community Development Director

PROCLAMATION

Altrusa Club of Oshkosh - 75th Anniversary

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 Meeting, 07.09.24 & 09.10.24

Receipt & Filing of Minutes - Museum Arts and Culture Board, 07.10.2024 & 08.14.2024

Receipt & Filing of Claim Filed with the City's Insurance Company - John Parker

Res 24-507

Approve Specific Implementation Plan for Phase II of a Commercial Development West of and Adjacent to 1710 Oshkosh Avenue (Plan Commission Recommends Approval)

Res 24-508

Approve Renewal of Employee Health and Dental Insurance for 2025

Res 24-509

Authorize 2025 Grant Application – Wisconsin Department of Natural Resources Urban Forestry Grant

Res 24-510

Approve Change Order No. 1 (Final) for Public Works Contract No. 22-12 New Parks Facility / SMA Construction Services, LLC (+$27,534.55)

Res 24-511

Approve Extension of Approved Pilot Study, Waiver of Purchasing Requirements, and Purchase of Phosphorus Reduction Rare Earth Mineral Chemical Compound from Martelle Water Treatment, Inc. (estimated $255,000)

10.

Res 24-512

Approve Special Event - Sons of the American Legion Squadron 70 to Utilize City Streets for the Tribute to Vietnam Veterans, October 9, 2024

11.

Res 24-513

Approve Special Event - Oshkosh West High School to Utilize City Streets for the Oshkosh West Homecoming Parade, October 11, 2024

12.

Res 24-514

Approve Special Event - Wisconsin Herd to Utilize City Streets & Riverwalk for the Run with the Herd 5k & 1k, October 20, 2024

13.

Res 24-515

Approve Special Event - Josie's Gift to Utilize Menominee Park to Host Their Kids Fishing Day, July 19, 2025

14.

Res 24-516

Approve Special Event - Oshkosh Noon Kiwanis to Utilize City Streets and South Park for the Children's Day Parade, August 2, 2025

15.

Res 24-517

Approve Agent Change - Cast Iron Cocktail Company / Terry's

ITEMS REMOVED FROM CONSENT AGENDA

RECONSIDERED ORDINANCE

16.

Ord 24-518

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) (Stephenson)

PENDING ORDINANCE

17.

Ord 24-519

Amend Section 27A-8 of the Municipal Code Pertaining to Through Street Designation (Scott Avenue) (Transportation Committee Recommends Approval)

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.)

18.

*Ord 24-520

Amend Sections 27A-8 and 27A-10 of the Municipal Code to Designate W. 12th Avenue as a Through Street at the Intersection of W. 12th Avenue and Minnesota Street (Transportation Committee Recommends Approval)

19.

*Ord 24-521

Amend Section 27A-11 of the Municipal Code to Remove a Bus Loading Zone on Hazel Street and a Handicap Parking Area on Melvin Avenue Due to Relocation of the School Facilities in and Around the New Menominee Elementary School Site (Transportation Committee Recommends Approval)

20.

*Ord 24-522

Amend Section 27A-11 of the Municipal Code to Change No Parking Restriction on Algoma Blvd in Front of University of Wisconsin Oshkosh Albee Hall from No Parking to 60- Minute Parking (Transportation Committee Recommends Approval)

21.

*Ord 24-523

Amend Section 27A-11 of the Municipal Code Update Parking Regulations on Nebraska Street and 10th Avenue Adjacent to Grace Lutheran Church and School (Transportation Committee Recommends Approval)

22.

*Ord 24-524

Adopt Parking Lot Maps and Associated Regulations within Appendix 27B of the Municipal Code for the Rec Department, Grand South and 200 West Parking Lots (Transportation Committee Recommends Approval)

23.

*Ord 24-525

Approve Zone Change from Neighborhood Mixed Use District (NMU) to Neighborhood Mixed Use District with a Planned Development Overlay (NMU-PD) at 1700 Oregon Street (Plan Commission Recommends Approval)

NEW RESOLUTIONS

24.

Res 24-526

Approve General Development Plan and Specific Implementation Plan for Athletics Facility at 108 West New York Avenue and Property Located at the Southeast Corner of West Custer Avenue and Kentucky Street (Parcel 1500740100)

25.

Res 24-527

Adopt 2024 City of Oshkosh Comprehensive Outdoor Recreation Plan (Plan Commission and Advisory Park Board Recommend Approval)

26.

Res 24-528

Approve Budget Amendment and Appropriate ARPA Funds for Specific 2024 Infrastructure Projects

27.

Res 24-529

Approve Issuance of Combination "Class B" Beer/Liquor License (Begonias)

28.

Res 24-530

Approve General Development Plan and Specific Implementation Plan for a Mixed Use Development on the East Side of the 600 Block of North Main Street and the West Side of the 600 Block of Jefferson Street: Parcels 0402300000, 0402260000, 0402240000, 0402230000, 0402370000, 0402360000, 0402340000, 0402330000, 0402320000, 0402310000, 0402280000, 0402250000 (Plan Commission Recommends Approval)

29.

Res 24-531

Approve TID No. 29 TIF Development Agreement and Lease Agreement with Boat Works LLC

COUNCIL DISCUSSION, DIRECTION TO CITY MANAGER & FUTURE AGENDA ITEMS

30.

Discussion and Direction to City Manager

31.

Future Agenda Items and Workshops

Workshop on Undergrounding Utilities, October 22nd, 5:00 p.m.

Presentation from Greater Oshkosh Economic Development Corporation (GO-EDC), October 22nd, in meeting

COUNCIL MEMBER ANNOUNCEMENTS & STATEMENTS

32.

City Manager Recruitment Update (Mugerauer)

CITY MANAGER ANNOUNCEMENTS & STATEMENTS

33.

Joint Meeting with Transportation Committee Regarding Electric Vehicle Charging Readiness Plan, October 10, 2024, 4:00 p.m.

34.

Outstanding Issues

ADJOURN

TO:

Honorable Mayor and Members of the Common Council

FROM:

Julie Calmes, Director of Finance

DATE:

09/24/2024

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 $22,180,579.94.

Bills paid September 6 and September 13, 2024

$5,440,863.80

Payroll paid September 13, 2024

$1,180,293.81

Regular cycle payables paid throughout the month of August

$14,783,474.17

Regular UMR payables paid throughout the month of August

$775,948.16

Attachments

09132024 Checkrun

August 2024 Vendors

SUBJECT:

Receipt & Filing of Minutes - Common Council Meeting, 07.09.24 & 09.10.24

DATE:

09/24/2024

Attachments

draft minutes 07.09.24

draft minutes 09.10.24

SUBJECT:

Receipt & Filing of Minutes - Museum Arts and Culture Board, 07.10.2024 & 08.14.2024

DATE:

09/24/2024

Attachments

MAC Board Minutes July

MAC Board Aug Minutes

SUBJECT:

Receipt & Filing of Claim Filed with the City's Insurance Company - John Parker

DATE:

09/24/2024

Claim Information

Claimant: John Parker
Date of Loss: August 30, 2024
Summary of Claim: Claimant alleges damage to his vehicle due to road construction.

TO:

Honorable Mayor and Members of the Common Council

FROM:

Mark Lyons, Planning Services Manager

DATE:

09/24/2024

SUBJECT:

Res 24-507 Approve Specific Implementation Plan for Phase II of a Commercial Development West of and Adjacent to 1710 Oshkosh Avenue (Plan Commission Recommends Approval)

BACKGROUND

The subject site consists of a 1.33-acre vacant parcel at the northwest corner of Oshkosh Avenue and North Westfield Street. The property is zoned Corporate Business Park with a Planned Development Overlay (CBP-PD) and the surrounding area consists of commercial uses to the east and west, hotel to the north, and residential uses to the south.

A General Development Plan (GDP) was approved in March, 2018 for hotel, commercial and retail uses on the 1700 block of Oshkosh Avenue, including a 5,190 sq. ft. restaurant in the general area of the subject site. The General Development Plan was amended in August, 2018 with a 14,190 sq. ft. future commercial building shown on the subject site. A second GDP amendment and Specific Implementation Plan for Phase I was approved on May 23, 2023.

ANALYSIS

The applicant is proposing the second of a two-phase development on the subject site. Phase I was the now completed 4,176 sq. ft. single-story restaurant/sports bar (Mr. Brews Taphouse) with a 1,000 sq. ft. covered patio. Phase II is proposed to be a 4,479 sq. ft. commercial building addition (Golden Nest Pancakes & Café) with a 308 sq. ft. outdoor patio.

The applicant is requesting BSMs to increase parking and exceed maximum lighting levels along the north property line. Staff is supportive of the requested BSM for increased parking as dine-in restaurants may need more parking than code currently allows. Recent dine-in restaurant approvals have also included BSMs for increased parking (Chili's and Mineshaft). Planning staff intends to analyze the current parking requirements for indoor entertainment uses and it may be appropriate to increase parking allowances for dine-in restaurant uses. Staff is also supportive of the increased lighting as it is adjacent to the shared driveway and will not negatively impact the commercial property to the north.

To offset these BSMs, the applicant will be exceeding the overall landscaping point requirement for the site and is proposing Class I materials greatly exceeding the 75% minimum on all facades.

FISCAL IMPACT

Approval of this may result in an increase in the assessed property value of the site. The applicant is anticipating spending approximately $1.2 million on the proposed project.

RECOMMENDATION

The Plan Commission recommended approval of the requested Specific Implementation Plan for Phase II with findings and conditions west of and adjacent to 1710 Oshkosh Avenue on September 17, 2024. Please see the attached staff report and meeting minutes for more information.

Attachments

Res 24-507

SIP - Golden Nest Cafe

TO:

Honorable Mayor and Members of the Common Council

FROM:

John Fitzpatrick, Asst. City Manager/Director Admin Services

DATE:

09/24/2024

SUBJECT:

Res 24-508 Approve Renewal of Employee Health and Dental Insurance for 2025

BACKGROUND

The City of Oshkosh manages a self-funded health insurance program as an employee benefit, which includes a variety of components such as a third-party administrator (TPA), a stop loss carrier, provider networks, and a pharmacy benefit manager (PBM). The City also manages a self-funded dental plan administered through Delta Dental, as well as Three Waves Health Clinic and Wellness Center, an employer-based clinic established in 2015 in conjunction with Winnebago County and the Oshkosh Area School District. Additionally, the City utilizes Gallagher Insurance, Risk Management, and Consulting as our benefits consultant.

ANALYSIS

After evaluating current medical plan cost trends, it was determined that the City will be incurring a 1.5% increase in projected costs in our health insurance program for 2025. This increase includes one-time costs to expand services provided via Three Waves Health Clinic and Wellness Center by relocating to a larger facility, updating equipment, and hiring additional staff.

As part of our analysis to expand services provided by Three Waves Health Clinic and Wellness Center, staff reviewed our healthcare cost trends since the inception of the clinic. National healthcare cost trends have averaged 8% increases each year. This equates to a cumulative increase of approximately 85.6% since 2015, which is the year the City established the clinic.

Since the implementation of the clinic, the City has experienced average healthcare cost increases of approximately 1.6% per year, equating to a cumulative increase of 13.1% over the same time period, outperforming trend by over 72%. Although these results cannot be definitively attributed to the implementation of Three Waves Health Clinic and Wellness Center, staff believes the employee participation in the clinic, along with ongoing wellness initiatives and moderate plan design changes, have been instrumental in the City's continued success over the past decade.

FISCAL IMPACT

Staff is estimating an overall 1.5% increase, approximately $169,000, for the health insurance program which includes an additional one-time investment into Three Waves Health Clinic and Wellness Center of approximately $473,300 in 2025. A 2.1% increase of approximately $10,900 is estimated for the dental program in 2025, and the City is also currently out for bids on the stop loss insurance and plans to accept the most advantageous option for 2025.

Although the city employee focus group on health insurance, staff, and City Manager Rohloff are satisfied with the outcome of this year's process, all parties understand that it will be necessary to continue to evaluate our plan for 2026 in order to consider what changes may be necessary in order to preserve the best benefits possible for our staff at the most cost-effective level possible for our taxpayers moving forward.

RECOMMENDATION

Based on the analysis conducted, staff recommends no modification of plan design at this time, retention of: UMR as the TPA for the health insurance program, Caremark as the PBM for the prescription drug program, Delta Dental of Wisconsin as the TPA for the dental program, and Premise Health as the administrator of the Three Waves Health Clinic and Wellness Center, as well as 1.5% and 2.1% increased funding for the health and dental insurance programs respectively.

Please let me know if you have any questions regarding this matter and thank you as always for your assistance and support.

Attachments

Res 24-508

TO:

Honorable Mayor and Members of the Common Council

FROM:

Ray Maurer

DATE:

09/24/2024

SUBJECT:

Res 24-509 Authorize 2025 Grant Application – Wisconsin Department of Natural Resources Urban Forestry Grant

BACKGROUND

The Wisconsin Department of Natural Resources has grant funds available in 2025 designated for urban forestry projects. The City of Oshkosh meets several criteria for the grant and is eligible to receive these funds which would be used to update a 2012 Urban Forestry Management Plan that provides a framework for policy and action that guides city government decision making to help Oshkosh maintain, preserve, enhance, and restore its urban forest.

ANALYSIS

The City of Oshkosh Parks Department actively seeks funding to assist with the urban forestry program. This grant would specifically relate to developing a current Urban Forestry Management Plan.

FISCAL IMPACT

Grant amount requested is $25,000 which would be matched at 50% by the Oshkosh Area Community Foundations Taking Root Fund.

RECOMMENDATION

Staff recommends the Common Council approve submitting the grant application.

Attachments

Res 24-509

TO:

Honorable Mayor and Members of the Common Council

FROM:

Ray Maurer

DATE:

09/24/2024

SUBJECT:

Res 24-510 Approve Change Order No. 1 (Final) for Public Works Contract No. 22-12 New Parks Facility / SMA Construction Services, LLC (+$27,534.55)

BACKGROUND

Change Order No. 1 (Final) for Contract 22-12 is scheduled for consideration by the Common Council (Council) at the September 24, 2024 Council meeting. The Contract was originally awarded to SMA Construction Services, LLC in April of 2022. This change order is for additional services requested by the City.

ANALYSIS

Following is a summary of changes and associated costs for this change order:

Item

Work
Change
Directive

Description

Action

Amount

1a.

Gate operative removal at Auto Gate #2

Deduct

-$9,000.00

1b.

Revisions to Lunch/Training 120

Deduct

-$626.00

1c.

Provide cores and keys per Owner Specifications

Add

+$1,685.41

1d.

Adjust location of water/FP riser and UG service

Add

+$5,688.77

1e.

Paint scope adjustments – finalized

Add

+$9,242.69

1f.

Site sign – concrete base

Add

+$10,534.43

1g.

Install E-Strike opening 126B

Add

+$1,430.26

1h.

8-ft wide gate

Add

+$1,024.77

1i.

Changes to signage

Deduct

-$387.38

1j.

Remove section of Idaho Avenue (10' x 67') and repave

Add

+$4,942.20

1k.

Site card readers

Add

+$13,698.30

1l.

Jib crane – fill arm

Add

+$12,109.67

1m.

Unit price soil – allowance

Deduct

-$28,500.00

1n.

Vestibule air transfer grille

Add

+$548.86

1o.

Pressure washer soap function

Add

+$5,142.57

TOTAL VALUE OF CHANGE ORDER NO. 1 (FINAL) $+27,534.55

FISCAL IMPACT

Funding for this Change Order is in the CIP (Account No. 03230610-7214-63115/Parks Division-Buildings & Building Imprvmts-Parks Facility Improvements).

RECOMMENDATION

I recommend approval of Change Order No. 1 (Final) to Contact No. 22-12 in the amount of +$27,534.55 to SMA Construction Services, LLC.

Attachments

Res 24-510

22-12 CO #1 (Final)

TO:

Honorable Mayor and Members of the Common Council

FROM:

Steven M. Gohde, Assistant Director of Public Works/Utilities General Manager

DATE:

09/24/2024

SUBJECT:

Res 24-511 Approve Extension of Approved Pilot Study, Waiver of Purchasing Requirements, and Purchase of Phosphorus Reduction Rare Earth Mineral Chemical Compound from Martelle Water Treatment, Inc. (estimated $255,000)

BACKGROUND

The City of Oshkosh's (City) Wastewater Treatment Plant (WWTP) is subject to discharge regulations through the Wisconsin Discharge Elimination System permit program, managed by the Wisconsin Department of Natural Resources. In order to meet the Phosphorus Discharge Permit Limit, the WWTP currently uses the chemical addition of Ferric Chloride to bind and sequester Phosphorus, which is then precipitated in solid form, and removed in the biosolids. The City still intends to build and operate a tertiary filtration facility at the WWTP to meet future reduced discharge limits for Phosphorus, but must continue to use a chemical addition to meet current limits during the interim period.

ANALYSIS

The Department of Public Works is proposing to extend a pilot test using a proprietary chemical known as Neo WaterFX 300 as a replacement to the Ferric Chloride. The original pilot study and waiver of purchasing requirements was approved by Common Council (Council) at the June 25th Council meeting under Resolution No. 24-334. The initial trial period has yielded some impressive results, and WWTP staff are interested in continuing the trial through the end of 2024.

One of the initial results observed by the WWTP staff included a decrease in sludge volume which needed to be processed and removed. This reduction resulted in less polymer usage and lower disposal rates. This was predicted to be one of the main advantages of the use of this chemical. It is also less corrosive, which should lead to longer operational life of some equipment and a safer work environment for staff. Additionally, staff have observed some operational changes, which seemingly make the treatment process run more predictably.

Rare earth mineral compounds are derived from the waste products of materials principally mined for electric vehicle (EV) battery production. The use of these compounds in wastewater treatment is not new, but the surge in mining for materials to produce EV batteries has made them more readily available, and therefore, more financially competitive. The chemical cost to switch from Ferric Chloride to Neo WaterFX 300 is expected to be neutral. The cost of Neo WaterFX 300 is approximately four (4) times the cost of Ferric Chloride on a unit cost basis; however, due to the expected increase in performance, only about a quarter of the volume of Neo WaterFX 300 will be needed to achieve the same result.

The cost savings occur due to how the chemical interacts with Phosphorus, and how much chemical sludge is produced. It is expected, based on performance estimates, the WWTP could significantly reduce the amount of sludge produced and subsequently treated by dewatering. This would in turn result in a savings on polymer costs, as well as sludge hauling and disposal fees.

FISCAL IMPACT

The costs for the purchase of six (6) additional loads of Neo WaterFX 300 required for the continuation of the pilot testing through the end of 2024 will exceed $25,000. The cost of the purchase is expected to be approximately $255,000 in additional funding to extend the trial period. The initial resolution allowed for a trial period of two (2) months at a cost of approximately $82,000. This extension will bring the total cost to $337,000. Funding for this purchase of the additional chemicals is included in the 2024 Sewer Utility Operating Budget (Account #05511940-6542 / Disposal Plant-Chemicals).

RECOMMENDATION

In order to ensure acquisition of the Neo WaterFX 300, it is requested the Council approves the extension of the pilot study, waives the purchasing requirements of Section 12-10 of the Municipal Code of the City of Oshkosh, and approves the purchase of the additional loads of Neo Water FX300.

Please advise me if you have any questions concerning this purchase.

Attachments

Res 24-511

TO:

Honorable Mayor and Members of the Common Council

FROM:

Kathy Snell, Special Events Coordinator

DATE:

09/24/2024

SUBJECT:

Res 24-512 Approve Special Event - Sons of the American Legion Squadron 70 to Utilize City Streets for the Tribute to Vietnam Veterans, October 9, 2024

Attachments

Res 24-512

Tribute to Vietnam Veterans Attachment

TO:

Honorable Mayor and Members of the Common Council

FROM:

Kathy Snell, Special Events Coordinator

DATE:

09/24/2024

SUBJECT:

Res 24-513 Approve Special Event - Oshkosh West High School to Utilize City Streets for the Oshkosh West Homecoming Parade, October 11, 2024

Attachments

Res 24-513

Oshkosh West Homecoming Parade Attachment

TO:

Honorable Mayor and Members of the Common Council

FROM:

Kathy Snell, Special Events Coordinator

DATE:

09/24/2024

SUBJECT:

Res 24-514 Approve Special Event - Wisconsin Herd to Utilize City Streets & Riverwalk for the Run with the Herd 5k & 1k, October 20, 2024

Attachments

Res 24-514

Wisconsin Herd 5K Attachment

TO:

Honorable Mayor and Members of the Common Council

FROM:

Kathy Snell, Special Events Coordinator

DATE:

09/24/2024

SUBJECT:

Res 24-515 Approve Special Event - Josie's Gift to Utilize Menominee Park to Host Their Kids Fishing Day, July 19, 2025

Attachments

Res 24-515

Josie's Gift Kids Fishing Day Attachment

TO:

Honorable Mayor and Members of the Common Council

FROM:

Kathy Snell, Special Events Coordinator

DATE:

09/24/2024

SUBJECT:

Res 24-516 Approve Special Event - Oshkosh Noon Kiwanis to Utilize City Streets and South Park for the Children's Day Parade, August 2, 2025

Attachments

Res 24-516

Children's Day Parade Attachment

TO:

Honorable Mayor and Members of the Common Council

FROM:

Diane Bartlett, City Clerk

DATE:

09/24/2024

SUBJECT:

Res 24-517 Approve Agent Change - Cast Iron Cocktail Company / Terry's

Attachments

Res 24-517

TO:

Honorable Mayor and Members of the Common Council

FROM:

Mark Lyons, Planning Services Manager

DATE:

09/24/2024

SUBJECT:

Ord 24-518 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) (Stephenson)

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 24-518

Rezone - Athletic Field Attachment

TO:

Honorable Mayor and Members of the Common Council

FROM:

Jim Collins, Director of Transportation

DATE:

09/24/2024

SUBJECT:

Ord 24-519 Amend Section 27A-8 of the Municipal Code Pertaining to Through Street Designation (Scott Avenue) (Transportation Committee Recommends Approval)

BACKGROUND

Approve a stop sign at the intersection of Division Street and Scott Avenue (Division stops for Scott)

There is a residence on the northwest corner of this intersection that has been hit several times over the years. The resident of the property requested that Division Street be dead-ended at Scott Avenue. Staff reviewed this request as well as other viable options.

ANALYSIS

There have been a few crashes near this intersection. However, most of them involved extenuating circumstances such as driving under the influence and fleeing police. I believe a reasonable solution is to install a stop sign at this intersection. It may not prevent all incidents but should help to mitigate the problem.

BOARD/COMMISSION INFORMATION

The Transportation Committee expressed support of this recommendation at the August meeting after roll-call vote (5-0).

FISCAL IMPACT

The fiscal impact of this ordinance change is the cost of a stop sign and steel pole which will be absorbed into the sign operations budget.

RECOMMENDATION

I recommend approval.

Attachments

Ord 24-519

TO:

Honorable Mayor and Members of the Common Council

FROM:

Jim Collins, Director of Transportation

DATE:

09/24/2024

SUBJECT:

*Ord 24-520 Amend Sections 27A-8 and 27A-10 of the Municipal Code to Designate W. 12th Avenue as a Through Street at the Intersection of W. 12th Avenue and Minnesota Street (Transportation Committee Recommends Approval)

BACKGROUND

As the result of recent traffic crashes, numerous residents have requested this intersection be converted from yield to stop controlled on Minnesota Street at W. 12th Avenue.

ANALYSIS

Recent crash reports reveal that there have been 3 crashes at this intersection this year. All 3 crashes were the result of failing to yield. There is also a building right up to the right of way line, which impedes the view of oncoming traffic. For these reasons, a stop-controlled intersection is warranted.

FISCAL IMPACT

The fiscal impact of these ordinances is the cost of signage. The signage cost would come out of the Sign Department operational budget.

RECOMMENDATION

I recommend that the Common Council approve these modifications to Section 27A-10 Yield Right of Way Intersection Designated and Section 27A-8 Through Street Designated of the Municipal Code.

Attachments

Ord 24-520

TO:

Honorable Mayor and Members of the Common Council

FROM:

Jim Collins, Director of Transportation

DATE:

09/24/2024

SUBJECT:

*Ord 24-521 Amend Section 27A-11 of the Municipal Code to Remove a Bus Loading Zone on Hazel Street and a Handicap Parking Area on Melvin Avenue Due to Relocation of the School Facilities in and Around the New Menominee Elementary School Site (Transportation Committee Recommends Approval)

BACKGROUND

With the completion of the new Menominee School, two changes are requested based on the new layout. The bus loading zone on Hazel Street is no longer needed, as the buses load on Melvin Avenue. Additionally, the handicap parking area on Melvin Avenue is no longer needed as that function is accommodated in the parking lot. The Transportation Committee recommends approval (5-0).

ANALYSIS

These requests were made by the Oshkosh Area School District Facilities Manager and make sense with the traffic flow of the new school.

FISCAL IMPACT

The fiscal impact of these ordinances is the cost of signage. The signage cost would come out of the Sign Department operational budget.

RECOMMENDATION

I recommend that the Common Council approve these modifications to Section 27A-5 (Loading Zones) of the Municipal Code pertaining to loading zones.

Attachments

Ord 24-521

TO:

Honorable Mayor and Members of the Common Council

FROM:

Jim Collins, Director of Transportation

DATE:

09/24/2024

SUBJECT:

*Ord 24-522 Amend Section 27A-11 of the Municipal Code to Change No Parking Restriction on Algoma Blvd in Front of University of Wisconsin Oshkosh Albee Hall from No Parking to 60- Minute Parking (Transportation Committee Recommends Approval)

BACKGROUND

This no-parking area is no longer needed due to the recent bus route changes implemented on 8/1/24. UWO requested it to be changed to 60-minute parking instead.

ANALYSIS

The recommended change removes no parking that is no longer needed and adds 60-minute parking.

BOARD/COMMISSION INFORMATION

The Transportation Committee recommends approval after roll-call vote (5-0) at their September 10, 2024, meeting.

FISCAL IMPACT

The fiscal impact of these ordinances is the cost of signage. The signage cost would come out of the Sign Department operational budget.

RECOMMENDATION

I recommend that the Common Council approve these modifications to Section 27A-11 of the Municipal Code pertaining to parking regulations on designated streets and alleys.

Attachments

Ord 24-522

TO:

Honorable Mayor and Members of the Common Council

FROM:

Jim Collins, Director of Transportation

DATE:

09/24/2024

SUBJECT:

*Ord 24-523 Amend Section 27A-11 of the Municipal Code Update Parking Regulations on Nebraska Street and 10th Avenue Adjacent to Grace Lutheran Church and School (Transportation Committee Recommends Approval)

BACKGROUND

Convert the 10-minute parking on Nebraska, west side, from 140 feet north of 10th Avenue on school days (7:00am-3:00pm) to 4-hour parking. Convert the no parking on 10th Avenue, north side, to 30-minute parking from 7:00am-4:00pm on school days. These changes are proposed following input and discussions with Grace Lutheran Church and School, and will better meet their operational needs without a negative impact on the surrounding neighborhood.

ANALYSIS

The recommended change will convert 10-minute parking on Nebraska, west side, to 4-hour parking during school hours, and also convert the no parking on 10th Avenue, north side, to 30 minute parking during school hours.

BOARD/COMMISSION INFORMATION

The Transportation Committee recommends approval after a roll-call vote (5-0) at the September 10, 2024, meeting.

FISCAL IMPACT

The fiscal impact of these ordinances is the cost of signage. The signage cost would come out of the Sign Department operational budget.

RECOMMENDATION

I recommond that the Common Council approve these modifications to Section 27A-11 of the Municipal Code pertaining to parking regulations on designated streets and alleys.

Attachments

Ord 24-523

TO:

Honorable Mayor and Members of the Common Council

FROM:

Jim Collins, Director of Transportation

DATE:

09/24/2024

SUBJECT:

*Ord 24-524 Adopt Parking Lot Maps and Associated Regulations within Appendix 27B of the Municipal Code for the Rec Department, Grand South and 200 West Parking Lots (Transportation Committee Recommends Approval)

BACKGROUND

As parking enforcement increased, the demand for permit stalls in the Grand South and 200 West parking lots has increased. Additionally, the need for some 2-hour stalls in the Rec Department parking lot has arisen.

ANALYSIS

Based on the usage of these lots, reallocating some of the parking stalls should accomodate the additional demand.

BOARD/COMMISSION INFORMATION

The Transportation Committee recommends approval after roll-call vote (5-0) at the September 10, 2024 meeting.

FISCAL IMPACT

The fiscal impact of this ordinance is the cost of signage. The signage cost would come out of the Sign Department operational budget.

RECOMMENDATION

I recommend that the Common Council approve these modifications to Section 27B of the Municipal Code pertaining to the parking lot regulations in the Recreation Department, Grand South, and 200 West parking lots.

Attachments

Ord 24-524

Map_Rec Department Lot

Map_Grand South Lot

Map_200 West Lot

TO:

Honorable Mayor and Members of the Common Council

FROM:

Mark Lyons, Planning Services Manager

DATE:

09/24/2024

SUBJECT:

*Ord 24-525 Approve Zone Change from Neighborhood Mixed Use District (NMU) to Neighborhood Mixed Use District with a Planned Development Overlay (NMU-PD) at 1700 Oregon Street (Plan Commission Recommends Approval)

BACKGROUND

The subject site is a .64-acre property with frontage on Oregon Street and West 17th Avenue. The site contains a parking lot, one 30'x60' garage, and a roughly 7,000 square foot mixed use building that was previously used as a tavern (with kitchen) and banquet hall; formally known as Witzke's Bar Food & Banquet Hall. The second floor (above the tavern) contains one (1) apartment. In 2005, the banquet hall, kitchen, storage, and ADA bathroom were added to the existing building. In recent years, parts of the building experienced weather-related damages and has since been closed. The current owners have begun making necessary repairs to make the building safe and useable again. The surrounding area consists primarily of residential uses along with a few mixed-use buildings within the immediate intersection of Oregon Street and West 17th Avenue. The 2040 Comprehensive Land Use Plan recommends Neighborhood Commercial land use for the subject site.

ANALYSIS

The applicant is requesting a zone change from the existing Neighborhood Mixed Use District (NMU) designation to a Neighborhood Mixed Use District with a Planned Development Overlay (NMU-PD). The requested Planned Development Overlay designation is intended to allow for flexibility in the zoning ordinance; in this scenario, to allow for the property to contain a first-floor residential unit in a mixed-use building that is more than 30% of the total ground floor area. The applicant has submitted plans to convert the existing banquet hall into a single apartment and to repair the existing tavern and second floor apartment. Staff is supportive of the proposed zone change as it will be consistent with NMU-PD zoning of neighboring property to the east. The 2040 Comprehensive Land Use Plan has the property slated for Neighborhood Commercial Use. The Planned Development Overlay will allow for changes and improvements to the site which otherwise may not occur. A neighborhood meeting was held on Thursday, September 5th, 2024 and three neighbors attended the meeting and voiced no concerns with the proposed project.

RECOMMENDATION

The Plan Commission recommended approval of the requested zone change at 1700 Oregon Street Avenue with findings on September 17, 2024. Please see the attached staff report and meeting minutes for more information.

Attachments

Ord 24-525

Rezone - 1700 Oregon St

TO:

Honorable Mayor and Members of the Common Council

FROM:

Mark Lyons, Planning Services Manager

DATE:

09/24/2024

SUBJECT:

Res 24-526 Approve General Development Plan and Specific Implementation Plan for Athletics Facility at 108 West New York Avenue and Property Located at the Southeast Corner of West Custer Avenue and Kentucky Street (Parcel 1500740100)

BACKGROUND

ANALYSIS

The applicant is proposing to demolish the former Merrill School building for construction of an athletics facility which will include track & field, football/soccer field, basketball courts, and a storage building. According to the applicant, the site will primarily be used by students from the adjacent school but will also be available for general use by the public. The site is intended to be a general purpose athletics area and is not specifically intended for competition use. The proposed active outdoor recreation use is permitted in the Institutional district (I).

A neighborhood meeting was held on August 13, 2024. Neighbors in attendance had several questions, including questions related to facility amenities, public access, fencing, lighting, surfacing and general use of the site. The neighbors did not voice opposition to the proposed use or design of the site.

The applicant is requesting a Base Standard Modification (BSM) to allow 0 parking stalls on-site where code requires a minimum of 75 parking spaces. Staff does not have concerns with the BSM request as the field will primarily be used by students and sufficient parking is available at the Vel Phillips Middle School site for after school activities.

BOARD/COMMISSION INFORMATION

The August 20, 2024, Plan Commission meeting included discussion related to on-street parking. During the hearing, a neighboring resident with driveway access on Kentucky Street asked if there will be on-street parking allowed on Kentucky Street. Public Works informed him that on-street parking may be considered, but there currently are no plans for any changes. The attached minutes provide further information related to their comments.

SITE PLAN REVISIONS
During the September 10, 2024, Common Council meeting, Council voiced concerns regarding the applicant's request for Base Standard Modification (BSM) for the proposed fencing style along the south property line and the proposed landscaping plan. As a result of that discussion, the applicant has updated their proposed development plan regarding both fencing and landscaping. The revised plan is now in full compliance with the ordinance requirements for fencing and landscaping. Therefore, Base Standard Modifications are no longer necessary for those aspects of the development plan.

FISCAL IMPACT

Approval of this project would not result in an increase in the assessed property value as the property is exempt. The applicant is anticipating spending approximately $1.9 million on the project.

RECOMMENDATION

The Plan Commission recommended approval of the requested General Development Plan and Specific Implementation Plan with findings and conditions at 108 West New York Avenue and property located at the Southeast corner of West Custer Avenue and Kentucky Street (parcel 1500740100) on August 20, 2024. Please see the attached staff report and meeting minutes for more information.

Attachments

Res 24-526

GDP-SIP - Athletic Field

Memorial Garden Conceptual Plans (as shown during meeting)

TO:

Honorable Mayor and Members of the Common Council

FROM:

Ray Maurer

DATE:

09/24/2024

SUBJECT:

Res 24-527 Adopt 2024 City of Oshkosh Comprehensive Outdoor Recreation Plan (Plan Commission and Advisory Park Board Recommend Approval)

BACKGROUND

A Comprehensive Outdoor Recreation Plan (CORP) is a formal document designed to assist communities in the development of park and open space that will satisfy the needs of their citizens. The plan provides a means of identifying, analyzing, promoting, and responding to changes in society, both present and future. The document is needed as a prerequisite for participation in outdoor recreation grant programs.

This document is an update of the Comprehensive Outdoor Recreation Plan adopted by the City of Oshkosh in 2018. This plan also follows the general guidelines as provided by the Wisconsin Department of Natural Resources.

ANALYSIS

This plan begins with the establishment of goals and objectives to provide guidance to city staff and officials in their decision-making process with regard to open space and recreation matters. It also provides important information about the social and physical characteristics of the City of Oshkosh. These characteristics when applied with guidelines set by National Recreation and Park Association (NRPA) provide a basis for understanding the needs for open space and recreation facilities in the City of Oshkosh. The NRPA guidelines represent minimum goals for the supply of outdoor recreation space and facilities, and cannot be used as definitive evidence that the needs for open space and recreation in the City of Oshkosh are being met. Based on this factor, a current needs assessment was conducted with input from city staff and officials, comments received from citizens at public input meetings and online survey results.

Based on this information, a list of recommendations is prepared for various park facilities throughout the City of Oshkosh. The recommendations are integrated into a Capital Improvements Action Plan, in which each project is described and given an anticipated year for completion (1-5 years, 6-10 years, 11+ years). A list of funding programs, both existing and potential, is identified for implementation purposes. Adoption of this Comprehensive Outdoor Park and Open Space Plan by the City of Oshkosh and endorsement by the Wisconsin Department of Natural Resources will maintain city eligibility for the next five years to apply for and receive funding from either the state or federal government.

The process for updating the City of Oshkosh CORP began in August, 2023 when the city entered into an agreement with Rettler Corporation of Stevens Point to assist city staff. The Advisory Park Board discussed and developed various chapters of the plan at their February, May and August meetings, which included opportunity for public comments and suggestions. In March 2024, an online citizen survey was conducted with these results reported to the Advisory Park Board in May. A total of 483 on-line surveys were submitted.

At their August 12th meeting, the Advisory Park Board unanimously recommended to the Plan Commission and Common Council approval of the plan.

On September 17th, the Plan Commission reviewed the plan and unanimously approved it and recommended approval by the Common Council. The Comprehensive Outdoor Recreation Plan is attached.

FISCAL IMPACT

There is obviously no fiscal impact to approving the plan. The fiscal impact for future years will be based upon the projects approved by the Common Council in future operating budgets or the Capital Improvement Program. The estimated total of all projects included in the Action Program of the plan is $6,788,500. This is not a complete total, as projects that are part of specific park plans have been excluded from this total, and other projects have yet to be determined costs. The costs of all projects will be reflected in future Capital Improvement Plans (CIPs).

RECOMMENDATION

Staff recommends the Common Council adopt the Comprehensive Outdoor Recreation Plan.

Attachments

Res 24-527

CORP Final Draft

TO:

Honorable Mayor and Members of the Common Council

FROM:

Julie Calmes, Finance Director

DATE:

09/24/2024

SUBJECT:

Res 24-528 Approve Budget Amendment and Appropriate ARPA Funds for Specific 2024 Infrastructure Projects

BACKGROUND

Finance has worked with all City departments to determine if any previously approved ARPA projects will be coming in under budget, or won't be able to have the funds obligated by the December 31, 2024 deadline. At this time, we are requesting a budget amendment to reduce previously approved ARPA dollars by $1,480,718.24.

We also worked with each department on additional department needs that would be able to be obligated by December 31, 2024. We prioritized items that are currently in the CIP or being proposed in the 2025 Operating Budget. At this time, we are requesting $1,583,522 of ARPA funds be appropriated for the projects listed on the attached document.

One unique item to note is the Pickart Park Development. At this time, Parks did not feel they would be able to obligate the $350,000 that was allocated to the project from ARPA by December 31, 2024. City Manager Rohloff is recommending we change Steven's Park, which is also in the CIP for 2025, to being funded by ARPA instead of general obligation (G.O.) debt. This would free up G.O. debt dollars, allowing Pickart Park to then be funded by G.O. debt in 2025.

FISCAL IMPACT

The budget amendment and the ARPA appropriation requests cause the City to be $209,500.76 over the original infrastructure ARPA amount of $15,385,863. Finance is appropriating additional projects in case other projects come in under budget. The City needs all ARPA projects to be appropriated/obligated by December 31, 2024 and all invoices must be paid by December 31, 2026. This approach will provide a cushion to prevent any funds from needing to be returned to the federal government for not following the above requirements. Any amount in excess of our ARPA allocation will be covered by interest income that has been earned on the ARPA funds.

Please contact me if you have any additional questions.

RECOMMENDATION

Staff recommends that Council approve the attached Resolution.

Attachments

Res 24-528

24-528 Attachment_Budget Appropriations for Additional ARPA Projects (Updated)

Budget Adjustment for Previously Approved ARPA

TO:

Honorable Mayor and Members of the Common Council

FROM:

Mark Rohloff, City Manager

DATE:

09/24/2024

SUBJECT:

Res 24-529 Approve Issuance of Combination "Class B" Beer/Liquor License (Begonias)

BACKGROUND

The city has a limited number of combination "Class B" liquor licenses that may be issued. Please find attached a summary of these licenses from City Clerk Diane Bartlett. At this time, there is one remaining combination "Class B" license available under the city's quota. Additionally, there are ten (10) reserve licenses available at a cost of $10,000 and two other reserve licenses available in an area known as the premier economic development district (PEDD). Those licenses have a cost of $30,000. Reserve licenses are not in demand because of their high price tag. Therefore, applicants typically wait until non-reserve quota licenses are available.

As recently as two years ago, the city had eight quota licenses available. This made it fairly easy to issue combination "Class B" licenses because they were plentiful and were getting turned over at a rate that kept this type of license in good supply. The council had adopted a policy on dormant liquor licenses that helped free up these licenses. However, due to the demand for additional establishments that desire a combination "Class B" license, we are down to the one available license. Meanwhile, there are currently four applications requesting combination "Class B" licenses. Staff had hoped that some recent changes in state law would have freed up additional licenses, and I had directed staff to hold up consideration of any combination "Class B" licenses until that issue was resolved. However, any of the new provisions contained in that law cannot be easily resolved.

Council Member Larson had asked the Council about the need for us to issue all of our available quota licenses in order to place us at our maximum so that we can pursue options for cities that have reached their quota. One license was issued (to Flights) at a recent Council meeting. I agree with the strategy to issue all of our remaining quota licenses, with the understanding that we need to develop a rationale for issuing our remaining license when four applications are on file.

ANALYSIS

Municipalities use different methods by which they issue these sought-after combination "Class B" licenses. Many do it simply by the order in which the application was received. This works well when there is high turnover of the licenses so that everyone gets an opportunity to wait their turn in line for a license. However, this does not work well when the pace of turnover is inconsistent with the demand, as we are currently experiencing. Other communities target specific areas, such as a regional shopping area or a downtown area, in order to encourage economic development in a specific area, or to limit or target the concentration of licenses in a given area. Given the age of Oshkosh and the scattering of commercial areas throughout the city, this would be difficult to achieve as well.

Once our quota is reached, we can pursue other options that may make more licenses available for the three applications that cannot be issued at this time. Without bringing forward every applicant to make their case and lobby for the issuance of a license to them, staff has identified several criteria that it has used to assist Council in issuing these licenses. Staff is not placing a weight or priority on these different criteria. With that said, some of these criteria may have greater importance than others in each individual Council Member's own opinion. Staff has combined these criteria to guide Council in understanding our recommendations.

The criteria that we have used for consideration are as follows, in no particular order:

Date application was received. There is an argument that the longer someone has had to wait for a license, there should be some consideration for that patience in waiting one's turn.
An existing/open business. An existing business may have already proven itself and may be worthy of priority given its track record of business success. Additional consideration may be given for an existing business that already has some other type of license, such as a class B fermented malt beverage license or a class C wine license.
A development that is proposed to be built in a given period of time, such as 6 to 12 months. Additional consideration may be given to a business that already has a signed lease. It is not uncommon for these leases to be contingent upon receiving a combination "Class B" license.
Other information contained in the application, such as:
- Number of days of operation per week, assuming that more days will result in greater economic activity.
- Hours of operation, with the assumption that greater number of hours result in greater economic activity. Preference may be given to establishments that are open during later hours, rather than earlier hours, as alcohol consumption is generally greater in the dinner/evening hours and would result and greater economic activity.
- Nature of business, reasoning that a business that relies on alcohol sales as a percentage of its business may be worthy of greater consideration than a business that simply offers alcohol sales as a secondary or complementary part of their business.

All of these criteria can be valued differently by different people. With that said, based on these criteria and the opportunities that will present themselves for the remaining applicants once our quota is reached, I recommend a combination "Class B" license be issued to:

Begonias on Oregon Street: This is an existing building that is already equipped as a working bar. Of all the establishments on the application list, this is the next one in line that could be operational sooner and would begin generating business immediately. Begonia's is expected to open sometime in October. Their application has been on file since early 2024.

While the other applications are certainly worthy of consideration, in some cases, these establishments are open at different hours, or do not rely on alcohol sales as a significant part of their business. In one case, the application came in later and is not projected to open until later. For this reason, the applicant listed above seems best positioned to have an immediate benefit and economic impact on the city.

Please find enclosed the application for the recommended license. Please contact City Clerk Bartlett or me if you have any questions.

Attachments

Res 24-529_Updated

Application / Begonias_Updated

TO:

Honorable Mayor and Members of the Common Council

FROM:

Mark Lyons, Planning Services Manager

DATE:

09/24/2024

SUBJECT:

Res 24-530 Approve General Development Plan and Specific Implementation Plan for a Mixed Use Development on the East Side of the 600 Block of North Main Street and the West Side of the 600 Block of Jefferson Street: Parcels 0402300000, 0402260000, 0402240000, 0402230000, 0402370000, 0402360000, 0402340000, 0402330000, 0402320000, 0402310000, 0402280000, 0402250000 (Plan Commission Recommends Approval)

BACKGROUND

The subject area consists of twelve total vacant parcels located on the west side of Jefferson Street and east side of North Main Street, south of East Irving Avenue and north of East Parkway Avenue. The subject site consists of a total of 1.72 acres. The surrounding area consists primarily of commercial uses to the north and west, residential and commercial uses to the south, and residential uses to the east. The 2040 Comprehensive Land Use Plans recommends Center City land uses for the subject area.

ANALYSIS

The applicant is proposing a mixed-use development consisting of a 17,648 sq. ft. 3-story mixed commercial/residential building along North Main Street and two 4,659 sq. ft. townhouses along Jefferson Street. The ground floor of the mixed-use building will consist of commercial space to be used as a daycare and the upper floors will consist of 39 apartment units. The townhouses will have 8 units per building. The proposed mixed-use building and townhouses are permitted in the UMU district. The proposed 55 units result in a density of 32 units per acre, which is under the maximum density of 1,200 sq. ft. per dwelling unit (62 units) for the subject site.

Two neighborhood meetings were held to discuss the proposed plans (June 18, 2024 and August 12, 2024). Neighbors in attendance voiced concerns related to additional residents in the area, buffering the development from neighboring properties, parking, building material compatibility with the surrounding area, and building/tenant management. A Plan Commission workshop was held on August 6, 2024 with Plan Commission voicing support for the project.

The applicant is requesting BSMs for reduced parking spaces, setbacks, outdoor recreation area, lighting levels, Class I materials, and specific landscaping requirements. Staff is supportive of these BSM requests due to the center city location of the site and site constraints that limit the ability to meet specific code requirements. To offset the requested BSMs, the applicant has provided 129% of the required landscaping points and exceeded the Class I material requirement for the mixed-use building by 6.4%.

FISCAL IMPACT

Approval of this may result in an increase in the assessed property value of the site. The applicant is anticipating spending approximately $19 million on the proposed project. On December 6, 2023 Common Council approved a term sheet with the developer providing $1,037,500 in gap financing. A formal Development Agreement with the developer will be submitted for Common Council consideration in the near future.

RECOMMENDATION

The Plan Commission recommended approval of the requested General Development Plan and Specific Implementation Plan with the findings and conditions on the east side of the 600 block of North Main Street and the west side of the 600 block of Jefferson Street, parcels 0402300000, 0402260000, 0402240000, 0402230000, 0402370000, 0402360000, 0402340000, 0402330000, 0402320000, 0402310000, 0402280000, 0402250000 on September 17, 2024. Please see the attached staff report and meeting minutes for more information.

Attachments

Res 24-530

GDP-SIP - The Corridor

TO:

Honorable Mayor and Members of the Common Council

FROM:

Kelly Nieforth, Director of Community Development

DATE:

09/24/2024

SUBJECT:

Res 24-531 Approve TID No. 29 TIF Development Agreement and Lease Agreement with Boat Works LLC

BACKGROUND

The Oshkosh Common Council approved the creation of TID No. 29 on July 12, 2016 for the redevelopment of the former Morgan Door/Jeld-Wen wood manufacturing site at West 6th Avenue and Oregon Street as well as the former Boat Works Marina and city sanitation garage to the west along the Fox River. The city of Oshkosh purchased the sanitation garage in 1999 and the Oshkosh Redevelopment Authority purchased the former Boat Works property in 2005 with plans to redevelop both parcels as part of the Southshore Redevelopment Plan.

Boat Works LLC includes developers Chet Wesenberg and Tim Hess. The developers have received approvals to construct 56 multifamily units within two buildings (one building on each parcel) and have committed to keep the rental rates for all 56 units within the income range for workforce housing which is 80%-120% of the Area Median Income for the life of TIF assistance. Boat Works LLC will purchase the two parcels for $1 and will be responsible for any additional remediation work on site.

ANALYSIS

The developers have requested TIF assistance in order for the project to be financially feasible. The terms of the TIF Development Agreement are as follows:

TIF Paygo obligation until 2043 (the end TID #29's statutory life).
Developers will receive 90% of the created increment for a total of approximately $2.7 million of TIF assistance based on the estimated value of the taxable portion of the development but shall not exceed $4 million.
City will retain 10% of the newly created increment for administrative costs.
The City will provide a loan for $360,000 at a 0% interest rate for seven (7) years. The City shall provide the loan on the completion date or earlier as the project is completed.
Developer shall diligently pursue completion of construction of the project by June 30, 2027.

The developers have requested that an "estimated" and "shall not exceed" figure be included in the Development Agreement in order to work with a lender to monetize the TIF in order to receive a loan. The "shall not exceed" figure accounts for future tax increases due to value increases, mill rate increases, and potential referendums.

Similar to previous redevelopment projects on contaminated sites along the river, the developers have requested that the City and RDA enter into a Lease Agreement during the construction of project in order to work with the Wisconsin Department Natural Resources to obtain a Case Closure for the site. The construction taking place with address specific contaminated sites and aspects of the buildings, parking lots, and landscaping will provide a cap for the contaminated areas. Once the Case Closure is received from the WNDR when the project is constructed, the parcels will be transferred to the developers for ownership.

FISCAL IMPACT

The City's TIF obligation is a maximum of eighteen (18) years and it is estimated that the TIF payment would be approximately $2.7 million or the TIF payment will be terminated once TID #29 is required to close per state statutes. The maximum TIF assistance shall not exceed $4 million. The City's exposure is limited because the TIF obligation is a Paygo which is dependent on the developer's ability to pay their annual taxes and create additional increment.

RECOMMENDATION

The City Council approves the Resolution and authorizes staff to execute the development agreement and lease agreement.

Attachments

Res 24-531

TIF Development Agreement (Boat Works, LLC)

SUBJECT:

Workshop on Undergrounding Utilities, October 22nd, 5:00 p.m.

DATE:

09/24/2024

SUBJECT:

Presentation from Greater Oshkosh Economic Development Corporation (GO-EDC), October 22nd, in meeting

DATE:

09/24/2024

SUBJECT:

City Manager Recruitment Update (Mugerauer)

DATE:

09/24/2024

Attachments

Recruitment Calendar

SUBJECT:

Joint Meeting with Transportation Committee Regarding Electric Vehicle Charging Readiness Plan, October 10, 2024, 4:00 p.m.

DATE:

09/24/2024

SUBJECT:

Outstanding Issues

DATE:

09/24/2024

Attachments

Outstanding Issues 09.24.24