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OSHKOSH COMMON COUNCIL AGENDA
COUNCIL CHAMBERS, CITY HALL
OSHKOSH, WISCONSIN
November 26, 2024

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

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

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

ROLL CALL

INVOCATION - VOTING FIRST

Council Member Stephenson

Invocation #3

PLEDGE OF ALLEGIANCE

Perry Tipler Middle School

INTRODUCTION OF STAFF

Emily Rock, Curator at the Oshkosh Public Museum
K9 Gema, Oshkosh Police Department Therapy Dog

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 - Museum Arts and Culture Board, 10.09.2024

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

Res 24-594

Approve Conditional Use Permit Amendment Request for a Second-Floor Bar and Patio Addition at 701 North Main Street (Parcel 1100950200) (Plan Commission Recommends Approval)

Res 24-595

Approve 2025 Across-the-Board Market Increase for Non-Represented Employees

Res 24-596

Authorize GO Transit to Apply for 2025 FTA & WisDot Operating Assistance Grants and County Transportation Assistance

Res 24-597

Approve Reallocation of $500,000 in the 2024 Parks Department Capital Improvement Program Budget from Funding Design Services for the Menominee Park Parking Lot and Reetz Fields to Fund Design and Construction of a New Restroom/Concession Stand at Reetz Fields (Advisory Park Board Recommends Approval)

Res 24-598

Approve Amendment to the 2024 Capital Improvement Budget for Pollock Water Park Replastering Project (Advisory Park Board Recommends Approval)

Res 24-599

Approve Acceptance of Donation and Amendment to Operating Budget for Oshkosh Seniors Center for Programming Software Subscription to GetSetUp.com ($15,000.00)

10.

Res 24-600

Approve Budget Amendment for 2025 Fire Special Revenue Fund Assistance to Firefighters Grant to Accept Revenue and Approve Increases in Expenses ($37,337.05)

11.

Res 24-601

Approve Professional Services Agreement with AECOM for Environmental Support for 2025 Capital Improvement Projects (CIP) ($134,595.00)

12.

Res 24-602

Approve Initial Resolution for Special Assessments for Sidewalk (New and Rehabilitation), Driveway Aprons, Sanitary Sewer Main and Laterals (New and Relay), Water Main and Laterals (New and Relay), and Storm Sewer Mains and Laterals (New and Relay) Relating to Contract No. 25-04

Bay Shore Drive (Broad Street to Mill Street)
Broad Street (Bay Shore Drive to 75' North of Bay Shore Drive)
Bay Street (100' North of Bay Shore Drive to the Fox River)

13.

Res 24-603

Waugoo Avenue (Rosalia Street to Lake Winnebago)
Sweet Street (Waugoo Avenue to 75' North of Waugoo Avenue)
Shorelane Street (Waugoo Avenue to 75' North of Waugoo Avenue)

14.

Res 24-604

Central Street (West New York Avenue to West Bent Avenue)
Tennessee Avenue (Central Street to 75' East of Central Street)
West Custer Avenue (100' East and West of Central Street)
West Nevada Avenue (75' East and West of Central Street)
West Bent Avenue (75' East and West of Central Street)

15.

Res 24-605

Michigan Street (West 7th Avenue to 150' South of West 11th Avenue)
West 8th Avenue (100' East and West of Michigan Street)
West 9th Avenue (100' East and West of Michigan Street)
West 10th Avenue (100' East and West of Michigan Street)
West 11th Avenue (Ohio Street to 100' East of Michigan Street)
Ohio Street (100' North and South of West 11th Avenue)

16.

Res 24-606

Approve Initial Resolution for Special Assessments for Sanitary Sewer Laterals (New and Relay) and Water Main and Laterals (New and Relay) Relating to Contract No. 25-12

National Avenue (North Lark Street to North Sawyer Street)
Lark Street (Witzel Avenue to Southland Avenue)
Faust Avenue (North Lark Street to North Sawyer Street)

17.

Res 24-607

Waive Bids and Approve Purchase of Manhole / Inlet Castings for Public Works Department ($230,650.00)

18.

Res 24-608

Amend CIP and Award Bid for Public Works Contract No. 25-04 to Carl Bowers & Sons Construction Company, Inc. for Bay Shore Drive and Bay Street Reconstruction ($2,074,723.67)

19.

Res 24-609

Approve Amendment to the 2024 Operations Budget – Oshkosh Public Library for Funding from Winnebago County to Support Hoopla and Library Programming ($12,494.00)

20.

Res 24-610

Award Bid to Wheel and Sprocket for 14 "Procaliber 6" Trek Bikes for Police Department ($32,684.82)

21.

Res 24-611

Approve Professional Services Proposal from Lee Recreation, LLC for Playground Design and Installation for Stevens Park ($275,000.00)

22.

Res 24-612

Approve Professional Services Proposal from Lee Recreation, LLC for Playground Design and Installation for Rainbow Memorial Park ($275,000.00)

23.

Res 24-613

Approve Cooperative Purchase of Truck Chassis from Truck Country of Wisconsin, Inc. and Automated Side Loader from Scranton Manufacturing Company/Envirotech Equipment for Sanitation Division ($328,377.44)

24.

Res 24-615

Approve Change Order No. 1 (Final) for Berglund Construction Company for Masonry Repairs/Loading Door Improvements for Public Museum (+$30,658.00)

25.

Res 24-616

Approve Change Order No. 1 (Final) for SMA Construction Services LLC for New 3rd Avenue Storage Facility for Police Department (+$43,471.08)

26.

Res 24-617

Approve Change Order No. 1 (Final) for Cardinal Construction Company, Inc. for Waldwic Gallery Renovation for Public Museum (+$34,340.30)

27.

Res 24-618

Approve Special Event - Anglers in Action Inc. to Utilize Menominee Park Millers Bay and Boat Launch Parking Lot to Host the Cold Water Classic, January 25, 2025

28.

Res 24-619

Approve Special Event - Special Olympics Wisconsin to Utilize Menominee Park & Millers Bay for the Polar Plunge, February 8, 2025

29.

Res 24-620

Approve Special Event - Hmong Service Center, Inc to Hold the Hmong National Memorial Day Festival at the Winnebago County Community Park, May 24 & 25, 2025

30.

Res 24-621

Approve Special Event - Oshkosh Festivals, LLC to Utilize City Streets for the Crossroads 41 Event, August 6 Through August 9, 2025

31.

Res 24-622

Approve Special Event - Hmong Service Center, Inc. to Hold the Hmong National Labor Day Festival at Sunnyview Exposition Center and the Winnebago County Community Park, August 30 & August 31, 2025

ITEMS REMOVED FROM CONSENT AGENDA

32.

Res 24-614

Approve Purchase of 2025 iasWorld Software as a Service (SaaS) Agreement from Tyler Technologies, Inc. for IT Division ($130,100.00)

PENDING ORDINANCES

33.

Ord 24-623

Cancel December 24, 2024 Council Meeting

34.

Ord 24-624

Create Temporary Ordinance Prohibiting Alcohol in City Parks

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

35.

*Ord 24-625

Approve Request to Annex to the City from the Town of Oshkosh, 4434 Island View Drive, Parcel 01805930000 (Plan Commission Recommends Approval)

36.

*Ord 24-626

Amend Section 27A-11 of the Municipal Code to Update Parking Regulations on South Main Street Between the Fox River and W. 9th Avenue (Transportation Committee Recommends Approval)

37.

*Ord 24-627

Amend Section 27A-11 of the Municipal Code to Extend No Parking Regulations on the West Side of Dove Street (Transportation Committee Recommends Approval)

38.

*Ord 24-628

Amend Section 27-14 of the Municipal Code Truck Routes Designated (Transportation Committee Recommends Approval)

39.

*Ord 24-629

Amend Section 27-35 and Appendix 27B of the Oshkosh Municipal Code Pertaining to Parking Regulations Within City-Owned Parking Lots in Relation to the Construction of the New East 9th Avenue Parking Lot (Transportation Committee Recommends Approval)

40.

*Ord 24-630

Amend Portions of Chapter 4 of the City of Oshkosh Municipal Code Pertaining to Alcohol Beverages – License Investigations, Granting and Issuance of Premises and Operator's Licenses

41.

*Ord 24-631

Create Chapter 4 Article III-A Pertaining to Alcohol Beverages - Issuance of Special Class "B" and Special "Class B" Licenses

PENDING RESOLUTIONS

42.

Res 24-632

Amend Approved Designated Outdoor Refreshment Area (DORA) for the Downtown Business Improvement District (BID) Area 2024/2025 to Remove City Park Property and Sidewalk Adjoining Opera House Square Park

NEW RESOLUTIONS

43.

Res 24-633

Direct City Staff to Excuse Parking Tickets Issued to Early In-Person Voters

44.

Res 24-634

Approve General Development Plan and Specific Implementation Plan for New Clearwells at 425 Lake Shore Drive (Plan Commission Recommends Approval)

45.

Res 24-635

Approve Conditional Use Permit Request for a Temporary Use Permit Extension for New Clearwells Construction Staging at Property Located on the East Side of the 400 Block of Lake Shore Drive (Parcel 1100950200) (Plan Commission Recommends Approval)

46.

Res 24-636

Approve Partial Land Acquisitions at 3277 and 3290 Meadowbrook Road (Plan Commission Recommends Approval)

COUNCIL DISCUSSION, DIRECTION TO CITY MANAGER & FUTURE AGENDA ITEMS

47.

Discussion and Direction to City Manager

West 7th Avenue Reconstruction Update

48.

Future Agenda Items, Meetings, and Workshops

Presentation from Oshkosh Area Humane Society (TBD)

COUNCIL MEMBER ANNOUNCEMENTS & STATEMENTS

49.

City Manager Recruitment Update (Mayor Mugerauer)

CITY MANAGER ANNOUNCEMENTS & STATEMENTS

50.

Professional Services Agreement with AECOM for 2025 Storm Water Management Assistance ($31,750)

51.

Professional Services Agreement with KL Engineering, Inc. for Transportation Engineering On-Call Assistance Services for Calendar Year 2025 ($40,000)

52.

Professional Services Agreement with Donohue & Associates, Inc. for Structural Engineering Design and Construction-Related Services for 2025 Capital Improvement Projects ($60,000)

53.

Professional Services Agreement with AECOM for 2025 Water Distribution System Leak Detection Services ($35,000)

54.

Outstanding Issues

CLOSED SESSION (Room 404, City Hall)
The Common Council may convene into closed session pursuant to Section 19.85(1)(e) of the Wisconsin Statutes, where competitive or bargaining reasons require a closed session (specifically, review of options for future of city hall).

ADJOURN

TO:

Honorable Mayor and Members of the Common Council

FROM:

Julie Calmes, Director of Finance

DATE:

11/26/2024

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 $8,319,814.47

Bills paid November 8 and November 15, 2024

$2,609,234.50

Payroll paid November 22, 2024

$1,193,309.24

Regular cycle payables paid throughout the month of October

$3,552,725.14

Regular UMR payables paid throughout the month of October

$964,545.59

Attachments

11082024 Checkrun

11152024 Checkrun

Oct 2024 UMR

DATE:

11/26/2024

SUBJECT:

Receipt & Filing of Minutes - Museum Arts and Culture Board, 10.09.2024

Attachments

MAC Board Oct. 2024 Approved Minutes

SUBJECT:

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

DATE:

11/26/2024

Claim Information

Claimant: Jeffrey Watson
Date of Loss: 2/20/2024
Summary of Claim: A city sanitation truck damaged Watson's vehicle.

TO:

Honorable Mayor and Members of the Common Council

FROM:

Kelly Nieforth, Director of Community Development

DATE:

11/26/2024

SUBJECT:

Res 24-594 Approve Conditional Use Permit Amendment Request for a Second-Floor Bar and Patio Addition at 701 North Main Street (Parcel 1100950200) (Plan Commission Recommends Approval)

BACKGROUND

The subject site consists of a 0.19 acre parcel at the northwest corner of North Main Street and West Irving Avenue. The site has an Urban Mixed Use (UMU) zoning designation while the 2040 Comprehensive Land Use Plan recommends Center City use for the site. The subject site consists of Mabel Murphy's tavern, which was rebuilt in 2020, and associated patio and parking area.

On May 26, 2020 Common Council approved a Conditional Use Permit for an outdoor commercial entertainment area on the site.

ANALYSIS

The Conditional Use Permit (CUP) approved in 2020 was for a 15' X 72' patio area on the north side of the building, including a 34' X 8' enclosed patio area attached to the building. The applicant is now proposing a 1,090 sq. ft. second-floor addition to the bar that will include a patio area. The patio area is considered outdoor commercial entertainment, which is a conditional use in the UMU district. Therefore, a CUP Amendment is required to allow the second-floor patio area.

Staff is supportive of the proposed use as it is consistent with the existing bar/patio use as well as the surrounding UMU-zoned properties and 2040 Comprehensive Land Use Plan recommendation of Center City.

FISCAL IMPACT

Approval of this may result in an increase in the assessed property value for the site. The applicant is anticipating spending approximately $600,000 on the proposed project.

RECOMMENDATION

The Plan Commission recommended approval of the requested conditional use permit amendment with the findings on November 19, 2024. Please see the attached staff report and meeting minutes for more information.

Attachments

RES 24-594

CUP Amend - 701 N Main St

TO:

Honorable Mayor and Members of the Common Council

FROM:

John Fitzpatrick, Asst. City Manager/Director Admin Services

DATE:

11/26/2024

SUBJECT:

Res 24-595 Approve 2025 Across-the-Board Market Increase for Non-Represented Employees

BACKGROUND

In concert with your decisions made regarding the 2025 budget, this memo is being provided to you to formalize a 4.25% across-the-board increase. Based on the results of the settled union contracts, the anticipated settlements of the remaining union contracts, as well as current market conditions, a 4.25% increase is being recommended and is within the budget approved by Common Council for 2025.

ANALYSIS

This increase is consistent with budget decisions and in consideration of the current marketplace.

FISCAL IMPACT

The estimated cost for this projected increase in the general fund is approximately $950,000.

RECOMMENDATION

Based on the analysis conducted, the discussion and direction that occurred in the Council Workshops as well as budget deliberations held this year, staff recommends approval of a 4.25% across-the-board increase for non-represented employees.

Attachments

RES 24-595

TO:

Honorable Mayor and Members of the Common Council

FROM:

Jim Collins, Director of Transportation

DATE:

11/26/2024

SUBJECT:

Res 24-596 Authorize GO Transit to Apply for 2025 FTA & WisDot Operating Assistance Grants and County Transportation Assistance

BACKGROUND

This resolution will authorize the filing of the following grant applications:

2025 Federal Operating Assistance and Capital Grants
- GO Transit is applying for 2025 federal operating assistance in the amount of $2,410,600. The operating grant will cover approximately 39% of the 2025 projected expenses. GO Transit is applying for $2,000,000 in capital to assist with 80% funding of up to 2 transit buses.
2025 Wisconsin Department of Transportation Operating Grant
- GO Transit is applying for $1,191,900 in operating assistance from the Wisconsin Department of Transportation. The proposed funding level is approximately 19 % of operating expenses for calendar year 2025.
2025 Winnebago County and Other Transportation Assistance
- GO Transit will apply for $511,145 from Winnebago County. The programs these funds assist with are shown below:
  - ADA - Ambulatory Paratransit
  - ADA – Non-Ambulatory Paratransit
  - Senior Paratransit
  - Rural Senior and Disabled Paratransit

ANALYSIS

East Central Wisconsin Regional Planning Commission included this program of projects in their public participation process and their public notice for the Transportation Improvement Plan. The public was able to make comments on the social, economic and environmental aspects of the grant applications. No public comments were received.

FISCAL IMPACT

The 2025 City Budget assumed that the City would secure this grant funding. Without applying for this grant funding, the City will not be able to maintain existing service levels. Applying for these grants does not obligate the City to spend any money beyond what was designated in the 2025 City Budget.

RECOMMENDATION

The Transportation Department recommends the Common Council approve this resolution to submit these grant applications as presented. Please contact me if you have any questions.

Attachments

RES 24-596

TO:

Honorable Mayor and Members of the Common Council

FROM:

Ray Maurer

DATE:

11/26/2024

SUBJECT:

Res 24-597 Approve Reallocation of $500,000 in the 2024 Parks Department Capital Improvement Program Budget from Funding Design Services for the Menominee Park Parking Lot and Reetz Fields to Fund Design and Construction of a New Restroom/Concession Stand at Reetz Fields (Advisory Park Board Recommends Approval)

BACKGROUND

The 2024 Capital Improvement Program (CIP) budget included $500,000 for design services for the reconstruction of the Menominee Park Miller's Bay parking lot, Reetz ball fields and the restroom/concessions building. This project has been in the CIP for over 10 years and delayed every year due to higher priority projects. The entire project cost has increased significantly over the years and is estimated at over $5 million currently. When staff was presenting the 2024 proposed CIP to the Advisory Park Board in June 2023, discussion took place that if the entire reconstruction doesn't get funded in the near future that a phasing approach will be considered.

ANALYSIS

At the October 14, 2024 Advisory Park Board, staff presented the Board with a recommendation to reallocate the $500,000 in funds to be utilized for the design and construction of a new restroom/concession building at Reetz Fields as the first phase of improvements. The Board voted unanimously to support the recommendation. These restrooms and the restrooms at Rainbow Memorial Park are the two remaining outdated facilities within the park system as the restroom upgrades were planned as part of larger projects. We have received numerous complaints from users of the ball fields and the boat launch on the condition of the facilities as well as not being ADA compliant. At the October 28, 2024 Common Council Budget Workshop, Parks Department staff informed the Council that this budget reallocation request would be forthcoming.

FISCAL IMPACT

This amendment with authorize funding be reallocated $500,000.00 from Account No.03250610-7206-62010 design services for the Menominee Park Parking Lot and Reetz Fields project to Account No.03250610-6401-62010 design and construction of a new restroom/concession building at Reetz Fields.

RECOMMENDATION

Staff recommends that Council approve this resolution.

Attachments

RES 24-597

TO:

Honorable Mayor and Members of the Common Council

FROM:

Ray Maurer

DATE:

11/26/2024

SUBJECT:

Res 24-598 Approve Amendment to the 2024 Capital Improvement Budget for Pollock Water Park Replastering Project (Advisory Park Board Recommends Approval)

BACKGROUND

The 2024 Pollock Water Park budget included $370,000 and the 2024 Capital Improvement Program budget included an additional $50,000 for the replastering of the leisure pool and deep well which was necessary due to the age of the pool. When staff was developing the 2024 budget, we had anticipated the entire cost of this project being funded by the Pollock Water Park maintenance endowment at the Oshkosh Area Community Foundation. However, earlier this summer we were informed that the endowment fund at the Foundation could not go below $900,000 per the agreement from when the fund was established in 2005. The endowment fund cannot absorb the entire cost of the project without going below $900,000.

ANALYSIS

Staff reviewed the potential options for funding the deficit for this project. The Parks Department Administration and Operations Building project has $293,614 remaining in contingency.

At the October 14, 2024 Advisory Park Board, staff presented the Board with a recommendation to transfer $250,000 from the Parks Department Administration and Operations Building project to the Pollock Water Park budget to cover a portion on the plastering project cost. The Advisory Parks Board voted unanimously to support the decision. At the October 28, 2024 Common Council Budget Workshop, Parks Department staff informed the Council that this budget amendment would be forthcoming.

FISCAL IMPACT

The total fiscal impact of this budget amendment is $250,000. This amendment will authorize funding for the pool plastering project to be transferred from A/N #: 0323-0610-7214-63115 Parks Department Administration and Operations to A/N#: 0259-0610-7214-62085 Pollock Water Park Buildings/Building Improvement.

RECOMMENDATION

Staff recommends that Council approve this resolution.

Attachments

RES 24-598

TO:

Honorable Mayor and Members of the Common Council

FROM:

Dan Braun, Senior Services Manager

DATE:

11/26/2024

SUBJECT:

Res 24-599 Approve Acceptance of Donation and Amendment to Operating Budget for Oshkosh Seniors Center for Programming Software Subscription to GetSetUp.com ($15,000.00)

BACKGROUND

The Oshkosh Seniors Center received a $15,000 donation from the Friends of the Oshkosh Seniors Center Inc. towards the support of a software subscription to GetSetUp.com which supports Oshkosh Seniors Center virtual programming.

ANALYSIS

GetSetUp is a technology platform that offers educational and well-being virtual programs for older adults, enabling them to live fulfilling lives. Assuming the City Council approves the acceptance of this donation, funds will be allocated to the Oshkosh Seniors Center revenue and expenditure accounts for the software license.

FISCAL IMPACT

The acceptance of these donated funds in the amount of $15,000 will offset expenditures in the Oshkosh Seniors Center 2024 budget.
Deposit $15,000 to Senior Donations 0231-0760-4952
Allocate $15,000 to Subscription/Licensing Contracts 0231-0760-6415

RECOMMENDATION

Staff recommends that the Council adopt this resolution.

Attachments

RES 24-599

TO:

Honorable Mayor and Members of the Common Council

FROM:

Mike Stanley, Fire Chief

DATE:

11/26/2024

SUBJECT:

Res 24-600 Approve Budget Amendment for 2025 Fire Special Revenue Fund Assistance to Firefighters Grant to Accept Revenue and Approve Increases in Expenses ($37,337.05)

BACKGROUND

The Oshkosh Fire Department applied for a grant from the State of Wisconsin Division of Emergency Management (WEM) Hazardous Materials Emergency Response program to purchase radiological detection equipment.

ANALYSIS

The Oshkosh Fire Department was awarded $37,337.05 from WEM to purchase radiological detection equipment and the necessary supplies to support the detectors.

FISCAL IMPACT

The total cost for the equipment will be $37,337.05. A Budget Amendment is necessary to receive the funds from WEM in account 0235-0230-4236-20552 STATE AID-OTHER and allow for an increase of expenditures of $37,337.05 from account, 0235-0230-7204-20552 Machinery & Equipment to purchase the equipment.

RECOMMENDATION

The recommendation would be that Common Council approve this amendment to accept the award and subsequently make purchases with the grant dollars. This purchase of services will be of direct benefit to the department, the City of Oshkosh, and those we serve.

Attachments

RES 24-600

Oshkosh Award Document

TO:

Honorable Mayor and Members of the Common Council

FROM:

Justin Gierach, Engineering Division Manager/City Engineer

DATE:

11/26/2024

SUBJECT:

Res 24-601 Approve Professional Services Agreement with AECOM for Environmental Support for 2025 Capital Improvement Projects (CIP) ($134,595.00)

BACKGROUND

The Department of Public Works requested a proposal from AECOM for environmental support for the 2025 calendar year. The services provided under this proposal include, but are not limited to, Phase I and II Environmental Site Assessments, site investigations/characterizations and cleanups, documentation of contaminated soil removal during construction activities, and offsite treatment and disposal applications and approvals.

ANALYSIS

AECOM was chosen for this work due to their knowledge of the City, and vast experience with this type of work from our previous programs. The work associated with this Project requires an extremely short response time in order to reduce/eliminate down time charges from contractors. When contamination is discovered in the field, the Contractor cannot proceed with work until the Consultant is on site to test, document, and ensure the materials are handled appropriately in accordance with all local, state, and federal laws.

FISCAL IMPACT

Staff has reviewed the agreement and costs. The cost of these services is estimated not to exceed $134,595, and will be charged to the Storm Water Utility, Water Utility, Sanitary Sewer Utility, or the Street Paving or Property Improvements CIP depending on the location of any contamination encountered. Funding is available in all five (5) accounts (Account #03210410-68XX-XXXXX/Multiple Funds and #03231717-7216-63001/Parking Lot Improvements-Land Improvement-Parking Lot Improvements).

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 24-601

AECOM 2025 Env Support Proposal

TO:

Honorable Mayor and Members of the Common Council

FROM:

Justin Gierach, Engineering Division Manager/City Engineer

DATE:

11/26/2024

SUBJECT:

Res 24-602 Approve Initial Resolution for Special Assessments for Sidewalk (New and Rehabilitation), Driveway Aprons, Sanitary Sewer Main and Laterals (New and Relay), Water Main and Laterals (New and Relay), and Storm Sewer Mains and Laterals (New and Relay) Relating to Contract No. 25-04

Bay Shore Drive (Broad Street to Mill Street)
Broad Street (Bay Shore Drive to 75' North of Bay Shore Drive)
Bay Street (100' North of Bay Shore Drive to the Fox River)

BACKGROUND

This resolution is the initial resolution for allowing the City of Oshkosh (City) to assess abutting property owners for improvements to be completed during the reconstruction of Bay Shore Drive, from Broad Street to Mill Street, and Bay Street, from Bay Shore Drive to the Fox River. The assessable work may include sidewalk (new and rehabilitation), driveway aprons, sanitary sewer mains and laterals (new and relay), storm sewer mains and laterals (new and relay), and water mains and laterals (new and relay). Sidewalk and driveway assessments will only be generated if/when sidewalk or driveway are to be installed as new or if a property owner requests additional work, outside the scope of work planned by the City.

Additionally, the Transportation Committee will be taking up action on ordering in sidewalk along Bay Shore Drive, from Broad Street to Mill Street, and on Bay Street, from Bay Shore Drive to the Fox River. Any Council action on ordering in sidewalk will be done at a future meeting.

ANALYSIS

The resolution allows City staff to proceed with preparing assessments for the abutting properties. A public hearing needs to be held and a final resolution needs to be approved by the Council prior the assessments being levied on the properties.

FISCAL IMPACT

Assessments allow the City to recover a portion of the costs associated with projects from benefiting properties. Funding for the Project is included in the 2025 Capital Improvement Program in the Street, Storm Sewer, Sanitary Sewer, Water Main, Sidewalk, and Traffic Improvement sections (Account #03210410-6801-04504/Contract Control-Paving-25-04 Bay Shore Dr/Bay St, #03210410-6804-04504/Contract Control-Storm Sewer-25-04 Bay Shore Dr/Bay St, #03210410-6802-04504/Contract Control-Sanitary Sewer-25-04 Bay Shore Dr/Bay St, #03210401-6803-04504/Contract Control-Water Main-25-04 Bay Shore Dr/Bay St, and #03210410-6806-04504/Contract Control-Sidewalk-25-04 Bay Shore Dr/Bay St).

RECOMMENDATION

I recommend approval of the initial resolution.

Attachments

RES 24-602

TO:

Honorable Mayor and Members of the Common Council

FROM:

Justin Gierach, Engineering Division Manager/City Engineer

DATE:

11/26/2024

SUBJECT:

Res 24-603 Approve Initial Resolution for Special Assessments for Sidewalk (New and Rehabilitation), Driveway Aprons, Sanitary Sewer Main and Laterals (New and Relay), Water Main and Laterals (New and Relay), and Storm Sewer Mains and Laterals (New and Relay) Relating to Contract No. 25-05

Waugoo Avenue (Rosalia Street to Lake Winnebago)
Sweet Street (Waugoo Avenue to 75' North of Waugoo Avenue)
Shorelane Street (Waugoo Avenue to 75' North of Waugoo Avenue)

BACKGROUND

This resolution is the initial resolution for allowing the City of Oshkosh (City) to assess abutting property owners for improvements to be completed during the reconstruction of Waugoo Avenue, from Rosalia Street to Lake Winnebago. The assessable work may include sidewalk (new and rehabilitation), driveway aprons, sanitary sewer mains and laterals (new and relay), storm sewer mains and laterals (new and relay), and water mains and laterals (new and relay). Sidewalk and driveway assessments will only be generated if/when sidewalk or driveway are to be installed as new or if a property owner requests additional work, outside the scope of work planned by the City.

ANALYSIS

FISCAL IMPACT

Assessments allow the City to recover a portion of the costs associated with projects from benefiting properties. Funding for the Project is included in the 2025 Capital Improvement Program in the Street, Storm Sewer, Sanitary Sewer, Water Main, Sidewalk, and Traffic Improvement sections (Account #03210410-6801-04505/Contract Control-Paving-25-05 Waugoo Avenue Reconstruction, #03210410-6804-04505/Contract Control-Storm Sewer-25-05 Waugoo Avenue Reconstruction, #03210410-6802-04505/Contract Control-Sanitary Sewer-25-05 Waugoo Avenue Reconstruction, #03210401-6803-04505/Contract Control-Water Main-25-05 Waugoo Avenue Reconstruction, #03210410-6806-04505/Contract Control-Sidewalk-25-05 Waugoo Avenue Reconstruction, and #03210410-6809-04505/Contract Control-Traffic-25-05 Waugoo Avenue Reconstruction).

RECOMMENDATION

I recommend approval of the initial resolution.

Attachments

RES 24-603

TO:

Honorable Mayor and Members of the Common Council

FROM:

Justin Gierach, Engineering Division Manager/City Engineer

DATE:

11/26/2024

SUBJECT:

Res 24-604 Approve Initial Resolution for Special Assessments for Sidewalk (New and Rehabilitation), Driveway Aprons, Sanitary Sewer Main and Laterals (New and Relay), Water Main and Laterals (New and Relay), and Storm Sewer Mains and Laterals (New and Relay) Relating to Contract No. 25-08

Central Street (West New York Avenue to West Bent Avenue)
Tennessee Avenue (Central Street to 75' East of Central Street)
West Custer Avenue (100' East and West of Central Street)
West Nevada Avenue (75' East and West of Central Street)
West Bent Avenue (75' East and West of Central Street)

BACKGROUND

This resolution is the initial resolution for allowing the City of Oshkosh (City) to assess abutting property owners for improvements to be completed during the reconstruction of Central Street, from West New York Avenue to West Bent Avenue. The assessable work may include sidewalk (new and rehabilitation), driveway aprons, sanitary sewer mains and laterals (new and relay), storm sewer mains and laterals (new and relay), and water mains and laterals (new and relay). Sidewalk and driveway assessments will only be generated if/when sidewalk or driveway are to be installed as new or if a property owner requests additional work, outside the scope of work planned by the City.

ANALYSIS

FISCAL IMPACT

Assessments allow the City to recover a portion of the costs associated with projects from benefiting properties. Funding for the Project is included in the 2025 Capital Improvement Program in the Street, Storm Sewer, Sanitary Sewer, Water Main, Sidewalk, and Traffic Improvement sections (Account #03210410-6801-04508/Contract Control-Paving-25-08 Central Street Reconstruction, #03210410-6804-04508/Contract Control-Storm Sewer-25-08 Central Street Reconstruction, #03210410-6802-04508/Contract Control-Sanitary Sewer-25-08 Central Street Reconstruction, #03210401-6803-04508/Contract Control-Water Main-25-08 Central Street Reconstruction, #03210410-6806-04508/Contract Control-Sidewalk-25-08 Central Street Reconstruction, and #03210410-6809-04508/Contract Control-Traffic-25-08 Central Street Reconstruction).

RECOMMENDATION

I recommend approval of the initial resolution.

Attachments

RES 24-604

TO:

Honorable Mayor and Members of the Common Council

FROM:

Justin Gierach, Engineering Division Manager/City Engineer

DATE:

11/26/2024

SUBJECT:

Res 24-605 Approve Initial Resolution for Special Assessments for Sidewalk (New and Rehabilitation), Driveway Aprons, Sanitary Sewer Main and Laterals (New and Relay), Water Main and Laterals (New and Relay), and Storm Sewer Mains and Laterals (New and Relay) Relating to Contract No. 25-09

Michigan Street (West 7th Avenue to 150' South of West 11th Avenue)
West 8th Avenue (100' East and West of Michigan Street)
West 9th Avenue (100' East and West of Michigan Street)
West 10th Avenue (100' East and West of Michigan Street)
West 11th Avenue (Ohio Street to 100' East of Michigan Street)
Ohio Street (100' North and South of West 11th Avenue)

BACKGROUND

This resolution is the initial resolution for allowing the City of Oshkosh (City) to assess abutting property owners for improvements to be completed during the reconstruction of Michigan Street, from West 7th Avenue to West 11th Avenue, and West 11th Avenue, from Ohio Street to Michigan Street. The assessable work may include sidewalk (new and rehabilitation), driveway aprons, sanitary sewer mains and laterals (new and relay), storm sewer mains and laterals (new and relay), and water mains and laterals (new and relay). Sidewalk and driveway assessments will only be generated if/when sidewalk or driveway are to be installed as new or if a property owner requests additional work, outside the scope of work planned by the City.

ANALYSIS

FISCAL IMPACT

Assessments allow the City to recover a portion of the costs associated with projects from benefiting properties. Funding for the Project is included in the 2025 Capital Improvement Program in the Street, Storm Sewer, Sanitary Sewer, Water Main, Sidewalk, and Traffic Improvement sections (Account #03210410-6801-04509/Contract Control-Paving-25-09 Michigan St/W 11th Ave Recon, #03210410-6804-04509/Contract Control-Storm Sewer-25-09 Michigan St/W 11th Ave Recon, #03210410-6802-04509/Contract Control-Sanitary Sewer-25-09 Michigan St/W 11th Ave Recon, #03210401-6803-04509/Contract Control-Water Main-25-09 Michigan St/W 11th Ave Recon, #03210410-6806-04509/Contract Control-Sidewalk-25-09 Michigan St/W 11th Ave Recon, and #03210410-6809-04509/Contract Control-Traffic-25-09 Michigan St/W 11th Ave Recon).

RECOMMENDATION

I recommend approval of the initial resolution.

Attachments

RES 24-605

TO:

Honorable Mayor and Members of the Common Council

FROM:

Justin Gierach, Engineering Division Manager/City Engineer

DATE:

11/26/2024

SUBJECT:

Res 24-606 Approve Initial Resolution for Special Assessments for Sanitary Sewer Laterals (New and Relay) and Water Main and Laterals (New and Relay) Relating to Contract No. 25-12

National Avenue (North Lark Street to North Sawyer Street)
Lark Street (Witzel Avenue to Southland Avenue)
Faust Avenue (North Lark Street to North Sawyer Street)

BACKGROUND

This resolution is the initial resolution for allowing the City of Oshkosh (City) to assess abutting property owners for improvements to be completed during the replacement of water on National Avenue, from North Lark Street to North Sawyer Street; Lark Street, from Witzel Avenue to Southland Avenue; and Faust Avenue, from North Lark Street to North Sawyer Street. The assessable work may include sanitary sewer laterals (new and relay) and water mains and laterals (new and relay).

ANALYSIS

FISCAL IMPACT

Assessments allow the City to recover a portion of the costs associated with projects from benefiting properties. Funding for the Project is included in the 2025 Capital Improvement Program in the Water Main section (Account #03210410-6803-04512/Contract Control-Water Main-25-12 Water Main Replacment-Various).

RECOMMENDATION

I recommend approval of the initial resolution.

Attachments

RES 24-606

TO:

Honorable Mayor and Members of the Common Council

FROM:

Justin Gierach, Engineering Division Manager/City Engineer

DATE:

11/26/2024

SUBJECT:

Res 24-607 Waive Bids and Approve Purchase of Manhole / Inlet Castings for Public Works Department ($230,650.00)

BACKGROUND

The Department of Public Works has adopted standards for the manhole and inlet castings to be used within City-maintained right-of-way and easements. The standardization of the castings allows for a limited variety of inlet and manhole castings to be stocked and ensures proper-sized items are available for repair. Manhole castings are special ordered with the utility type cast into the lid to help identify the facilities.

ANALYSIS

The Engineering Division of the Department of Public Works has typically ordered and supplied these castings for City-let contracts to avoid paying contractor markup and sales tax. The City also avoids delays on construction projects by having stock of the castings available, which allows Project schedules to adjust for varying field conditions and also allows for the Projects to start earlier. The Streets Division also orders castings annually to maintain an inventory for repairs to Storm, Wastewater, and Water Utility facilities. The current lead time for castings is four to six weeks. These castings will be provided by Neenah Foundry Company of Neenah, Wisconsin.

FISCAL IMPACT

The cost of this casting order is $230,650. Funding is available in the Streets inventory account (06090430-1510/Field Ops Services-Inv – Castings).

RECOMMENDATION

Section 12-11 of the Municipal Code of the City of Oshkosh provides that material purchases, when standardization or compatibility is the overriding consideration, may be approved by the City Manager without the use of formal, sealed quotes. In accordance with Section 12-11 of the Code, I am recommending approval regarding this purchase.

Attachments

RES 24-607

2025 Castings Quote

TO:

Honorable Mayor and Members of the Common Council

FROM:

Justin Gierach, Engineering Division Manager/City Engineer

DATE:

11/26/2024

SUBJECT:

Res 24-608 Amend CIP and Award Bid for Public Works Contract No. 25-04 to Carl Bowers & Sons Construction Company, Inc. for Bay Shore Drive and Bay Street Reconstruction ($2,074,723.67)

BACKGROUND

The purpose of this Project is to reconstruct Bay Shore Drive, from Broad Street to Mill Street, and Bay Street, from Bay Shore Drive to the Fox River. Sanitary sewer and laterals, water main and laterals, and storm sewer and laterals will be installed, replaced, or repaired, as needed, prior to placing the concrete pavement. New concrete driveway aprons will be constructed where needed, provided property owners have returned the Construction Access Agreement the City mailed to them.

Sidewalks and drive aprons abutting properties whose property owners have not returned the Construction Access Agreement will have partial sidewalk sections removed and patched. In 2026, property owners will be responsible for repairing drive aprons and all patched and non-ADA compliant sidewalks that cannot be constructed with this Project.

ANALYSIS

Engineering staff reviewed four (4) bids. The low bid was received from Carl Bowers & Sons Construction Company, Inc. of Kaukauna, Wisconsin.

FISCAL IMPACT

Funding for the Bay Shore Drive and Bay Street Reconstruction Project is in the 2025 Capital Improvement Program (CIP) (Account No. 03210410-6801-04504/Contract Control-Paving-25-04 Bay Shore Dr/Bay St, 03210410-6804-04504/Contract Control-Storm Sewer-25-04 Bay Shore Dr/Bay St, 03210410-6802-04504/Contract Control-Sanitary Sewer-25-04 Bay Shore Dr/Bay St, 03210410-6803-04504/Contract Control-Water Main-25-04 Bay Shore Dr/Bay St, 03210410-6806-04504/Contract Control-Sidewalk-25-04 Bay Shore Dr/Bay St, and 03210410-6809-04504/Contract Control-Traffic-25-04 Bay Shore Dr/Bay St. Additional funding for the storm sewer portion of this Project is available from CIP Projects which have come in under budget:

• $100,000 will be transferred from Account No. 03210410-6804-04412 (Contract Control-Storm Sewer-24-12 E 7th Ave/Grand St Reconstruc) to Account No. 03210410-6804-04504 (Contract Control-Storm Sewer-25-04 Bay Shore Dr/Bay St).

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

CIP Section

CIP Funds Budgeted
and Transferred

Estimated Total
Construction Cost

Streets

$961,000

$797,788

Storm Sewer

$756,500

$713,887

Sanitary Sewer

$642,600

$332,837

Water Main

$757,000

$423,876

Sidewalk

$111,400

$59,451

Admin

$6,000

$2,000

Totals

$3,234,500

$2,327,839

RECOMMENDATION

I recommend award to the low bidder, Carl Bowers Construction Company, Inc. in the amount of $2,074,723.67 and amending the CIP.

Attachments

RES 24-608

25-04 Bid tab

TO:

Honorable Mayor and Members of the Common Council

FROM:

Darryl Eschete, Library Director

DATE:

11/26/2024

SUBJECT:

Res 24-609 Approve Amendment to the 2024 Operations Budget – Oshkosh Public Library for Funding from Winnebago County to Support Hoopla and Library Programming ($12,494.00)

BACKGROUND

Winnebago County annually provides support to the Oshkosh Public Library which is incorporated into the Library budget. For 2024 Winnebago County has provided additional funding in the amount of twelve thousand four hundred ninety-four and no/100 dollars ($12,494.00) to the Oshkosh Public Library to support special project funds including Hoopla and other Library programming.

ANALYSIS

The Oshkosh Library Board has accepted the additional funding from Winnebago County and it is necessary to amend the Library's operating budget to allow the funds to be spent.

BOARD/COMMISSION INFORMATION

The Oshkosh Library Board has accepted the additional funding from Winnebago County and recommends approval of the Resolution.

FISCAL IMPACT

A Budget Amendment is necessary to receive the funds from Winnebago County on account 02391060-4240-11306 and to allocate those funds to the following account numbers to allow for an increase of expenditures: Acct. Number 02391060-6524 for $6494 and Acct. Number 02391060-6529 for $6000.

RECOMMENDATION

It is recommended that Common Council approve this amendment.

Attachments

RES 24-609

TO:

Honorable Mayor and Members of the Common Council

FROM:

Jon Urben, General Services Manager

DATE:

11/26/2024

SUBJECT:

Res 24-610 Award Bid to Wheel and Sprocket for 14 "Procaliber 6" Trek Bikes for Police Department ($32,684.82)

BACKGROUND

The Oshkosh Police Department's Mobile Field Force (MFF) team is deployed to manage events that involve large crowds. The MFF is trained and equipped to respond to and prevent unlawful activities during these events. There has been an increasing shift towards large gatherings such as protests and demonstrations that could escalate into violence, resulting in harm to the community. Providing 14 additional bicycles to the MFF team during event deployments will provide mobility and increase ease of access to areas where police vehicles might encounter challenges. Each bike includes higher end bike pedals, racks, trunk bags, lights, helmet, load cage and other accessories. At their September 24, 2024, meeting, the Common Council approved allocating $27,434.00 in remaining ARPA appropriations for this project.

ANALYSIS

Working with Police Department staff, Purchasing prepared bid specifications for this project. Bids were due November 12, 2024. The bid tab is attached. The sole bid from Wheel and Sprocket met all the minimum bid requirements.

FISCAL IMPACT

The Common Council allocated $27,434.00 in remaining ARPA appropriations for this project. The fiscal impact of this bid is $32,684.82. This project will be charged to A/N#: 02240211 7204 15456 (Machinery & Equipment: ARPA- PD Mobile Force Bicycles). Police Department staff have confirmed the overage ($5,250.82) will be charged to the Police Department's Operating Budget A/N#: 02150211 6550 02105 (Minor Equipment).

RECOMMENDATION

Purchasing recommends the Common Council award this bid to Wheel and Sprocket for $32,684.82.

Attachments

RES 24-610

Bid Tab OPD Bikes

TO:

Honorable Mayor and Members of the Common Council

FROM:

Jon Urben, General Services Manager

DATE:

11/26/2024

SUBJECT:

Res 24-611 Approve Professional Services Proposal from Lee Recreation, LLC for Playground Design and Installation for Stevens Park ($275,000.00)

BACKGROUND

At their September 24, 2024, meeting, the Common Council approved allocating $275,000.00 in remaining ARPA appropriations to replace play equipment at Stevens Park that was originally installed in 2004. The Parks Department and Purchasing staff solicited proposals from playground design firms. The RFP requested firms to provide up to three playground designs, to include the equipment, installation and poured-in-place rubber surfacing.

ANALYSIS

The RFP was issued for this project on September 23, 2024, and sent to known playground design firms. Proposals were due October 25, 2024. Proposals were received from four firms. Proposals were evaluated based on design creativity, components requested in the RFP and potential future maintenance. After evaluating all the proposals, it was the consensus of Parks staff and the Stevens Park Neighborhood Association members that Design 2 from Lee Recreation, LLC best met the project criteria. The project is scheduled to be completed in the spring of 2025.

FISCAL IMPACT

The total fiscal impact of Lee Recreation, LLC's proposal is $275,000.00. The proposal includes the equipment, installation and poured-in-place rubber surfacing. The Common Council allocated $275,000.00 in remaining ARPA appropriations for this project. Funding for this project will be charged to A/N#: 02240610 7204 15465 (Machinery and Equipment- ARPA Stevens Park Play Equip).

RECOMMENDATION

Section 12-16 of the Municipal Code provides that, subject to approval of the City Manager, the City may enter into professional service agreements without following a competitive bidding or quotation process. In accordance with Section 12-16, Purchasing recommends that the Common Council approve the proposal submitted by Lee Recreation, LLC, 260 W. Main Street, Cambridge, WI 53523 for $275,000.00. If you have any questions, please contact Parks Director Ray Maurer.

Attachments

RES 24-611

TO:

Honorable Mayor and Members of the Common Council

FROM:

Jon Urben, General Services Manager

DATE:

11/26/2024

SUBJECT:

Res 24-612 Approve Professional Services Proposal from Lee Recreation, LLC for Playground Design and Installation for Rainbow Memorial Park ($275,000.00)

BACKGROUND

At their September 24, 2024, meeting, the Common Council approved allocating $275,000.00 in remaining ARPA appropriations to replace play equipment at Rainbow Memorial Park that was originally installed in 2004. The Parks Department and Purchasing staff solicited proposals from playground design firms. The RFP requested firms to provide up to three playground designs, to include the equipment, installation and poured-in-place rubber surfacing.

ANALYSIS

The RFP was issued for this project on September 23, 2024, and sent to known playground design firms. Proposals were due October 25, 2024. Proposals were received from four firms. Proposals were evaluated based on design creativity, components requested in the RFP and potential future maintenance. After evaluating all the proposals, it was the consensus of Parks staff that Design 2 from Lee Recreation, LLC best met the project criteria. The project is scheduled to be completed in the spring of 2025.

FISCAL IMPACT

The total fiscal impact of Lee Recreation, LLC's proposal is $275,000.00. The proposal includes the equipment, installation and poured-in-place rubber surfacing. The Common Council allocated $275,000.00 in remaining ARPA appropriations for this project. Funding for this project will be charged to A/N#: 02240610 7204 15466 (Machinery and Equipment- ARPA Rainbow Memorial Park Play Equip).

RECOMMENDATION

Attachments

RES 24-612

TO:

Honorable Mayor and Members of the Common Council

FROM:

Jon Urben, General Services Manager

DATE:

11/26/2024

SUBJECT:

Res 24-613 Approve Cooperative Purchase of Truck Chassis from Truck Country of Wisconsin, Inc. and Automated Side Loader from Scranton Manufacturing Company/Envirotech Equipment for Sanitation Division ($328,377.44)

BACKGROUND

The Common Council allocated $375,000.00 in the 2024 CIP to purchase an automated side loader refuse truck for the Sanitation Division. This unit includes the truck chassis and the automated side loader body. This memo seeks Council approval of the purchase of this unit pursuant to the cooperative purchase exception to our purchasing ordinance. The new unit will replace unit #211, a 2016 truck with 43,818 miles that has required an increasing amount of maintenance resulting in more downtime. On a daily basis, this unit makes between 800–900 stops for recycling pickups.

ANALYSIS

Purchasing confirmed Truck Country of Wisconsin, Inc. holds a State of Wisconsin cooperative contract (#505ENT-M23-MDHDCHASSIS-04) for the truck chassis. Additionally, purchasing confirmed Scranton Manufacturing Company/Envirotech Equipment holds a Sourcewell cooperative contract (#091219-NWY) for the automated side loader body. By using these cooperative contracts, in total, the city will save $90,475 (41%) off list price. Purchasing has confirmed these contracts qualify as cooperative purchasing exceptions to our purchasing ordinance.

FISCAL IMPACT

With trade-in, the total fiscal impact of this vehicle via the State of Wisconsin and Sourcewell cooperative contract discounts is $328,377.44. A total of $375,000.00 was allocated for an automated side load refuse truck in the 2024 CIP. This purchase will be charged to A/N#: 03230480 7210 66911 (Motor Vehicles- CIP Recycling Roll Off Containers).

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 with approval by the City Manager, Purchasing recommends the Common Council approve these cooperative purchases from Truck Country of Wisconsin, Inc., 2401 Progress Way, Kaukauna, WI 54130, for $173,562.44 and from Scranton Manufacturing Company/Envirotech Equipment, 19750 W. Edgewood Drive, Lannon, WI 53046 for $154,815.00. If there are any questions about this purchase, please contact me or Public Works Director James Rabe.

Attachments

RES 24-613

TO:

Honorable Mayor and Members of the Common Council

FROM:

Jon Urben, General Services Manager

DATE:

11/26/2024

SUBJECT:

Res 24-615 Approve Change Order No. 1 (Final) for Berglund Construction Company for Masonry Repairs/Loading Door Improvements for Public Museum (+$30,658.00)

BACKGROUND

Change Order No. 1 (Final) for Masonry Repairs/Loading Door Improvements at the Public Museum is scheduled for consideration by the Common Council at their November 26, 2024 meeting. The project was originally awarded to Berglund Construction Company at the August 23, 2023 meeting. This change order is for additional services requested by the city.

ANALYSIS

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

Item

Work Change Directive

Description

Action

Amount

Remove loading door operator scope of work

Deduct

-$6,850.00

Lead abatement at Sawyer Home windows

Add

+$4,000.00

Limestone purchase for future maintenance/replacement

Add

+$943.00

SE chimney repair of extensive cracking

Add

+$7,270.00

Roof repair from Sawyer bay window and main slate

Add

+$25,295.00

TOTAL VALUE OF CHANGE ORDER NO. 1 (FINAL)

+$30,658.00

FISCAL IMPACT

Funding for this change order is in A/N#: 02241070 7214 15231 (Building Improvements- Museum Masonry Overhaul and Loading Doors). There are sufficient funds within this project budget for this change order.

RECOMMENDATION

Staff recommends approval of Change Order No. 1 (Final) to the Masonry Repairs/Loading Door Improvements for the Public Museum in the amount of +$30,658.00. If there are any questions on this purchase, please contact me or Assistant City Manager/Director of Administrative Services John Fitzpatrick.

Attachments

Res 24-615

TO:

Honorable Mayor and Members of the Common Council

FROM:

Jon Urben, General Services Manager

DATE:

11/26/2024

SUBJECT:

Res 24-616 Approve Change Order No. 1 (Final) for SMA Construction Services LLC for New 3rd Avenue Storage Facility for Police Department (+$43,471.08)

BACKGROUND

Change Order No. 1 (Final) for the new 3rd Avenue Storage Facility is scheduled for consideration by the Common Council at their November 26, 2024 meeting. The project was originally awarded to SMA Construction Services, LLC at the November 14, 2023 meeting. This change order is for additional services requested by the city.

ANALYSIS

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

Item

Work Change Directive

Description

Action

Amount

Additional electrical work for storage mezzanine

Add

+$7,366.46

300 LF of 6' high galvanized chain link temp fence

Add

+$5,275.46

Bad soils-directed to use slurry to fill 9 yd area

Add

+$4,353.30

Add 75' fence to south of building for added security

Add

+$7,343.02

Installation of 1.5" Mississippi rock in lieu of sod

Add

+$4,083.95

(2) 8" added to bollards on ext. of bldgs.

Add

+$2,508.89

Wrap SE & SW corners of front wall w masonry

Add

+$3,778.85

Upgraded IT switches from original spec

Add

+$4,952.30

3" hub drain below water heater for temperature relief

Add

+$1,438.84

WPS fee for final electrical/gas

Add

+$2,557.79

Blockfill and paint backside of parapet masonry wall

Add

+$799.31

Water tap per CBD and quartz box and traffic cover

Deduct

-$5,122.13

Removal motion sensor & install toggle switch Storage Area

Add

+$659.70

Install railing under stairs, added evac and address signage

Add

+$2,162.05

Split cost for fire sprinkler system install w Simplex devices

Add

+$1,313.29

TOTAL VALUE OF CHANGE ORDER NO. 1 (FINAL)

+$43,471.08

FISCAL IMPACT

Funding for this change order is in A/N#: 03230130 7214 63111 (Building Improvements- PD 3rd Avenue Storage Facility Improvements). There are sufficient funds within this project budget for this change order.

RECOMMENDATION

Staff recommends approval of Change Order No. 1 (Final) to the new 3rd Avenue Storage Facility for the Police Department in the amount of +$43,471.08. If there are any questions on this purchase, please contact me or Assistant City Manager/Director of Administrative Services John Fitzpatrick.

Attachments

Res 24-616

TO:

Honorable Mayor and Members of the Common Council

FROM:

Jon Urben, General Services Manager

DATE:

11/26/2024

SUBJECT:

Res 24-617 Approve Change Order No. 1 (Final) for Cardinal Construction Company, Inc. for Waldwic Gallery Renovation for Public Museum (+$34,340.30)

BACKGROUND

Change Order No. 1 (Final) for the Waldwic Gallery Renovation at the Public Museum is scheduled for consideration by the Common Council at their November 26, 2024 meeting. The project was originally awarded to Cardinal Construction Company, Inc. at the March 26, 2024 meeting. This change order is for additional services requested by the city.

ANALYSIS

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

Item

Work Change Directive

Description

Action

Amount

Added flooring finish

Add

+$2,772.00

Extra CAT6 cable for security cameras

Add

+$1,815.00

Duct and roof drain modifications

Add

+$8,308.30

Add closet

Add

+$6,180.90

Decommission water fountain

Add

+$1,554.30

Stairwell wall furring

Add

+$2,938.10

Additional painting at doors, frames ST201 and ST203

Add

+$686.40

Additional lighting and exit fixtures ST201 & ST202

Add

+$4,279.00

Magnetic hold opens at gallery doors

Add

+$5,806.30

TOTAL VALUE OF CHANGE ORDER NO. 1 (FINAL)

+$34,340.30

FISCAL IMPACT

Funding for this change order is in A/N#: 032301070 7214 63170 (Building Improvements- Museum CIP Fund for General Purpose Room). There are sufficient funds within this project budget for this change order.

RECOMMENDATION

Staff recommends approval of Change Order No. 1 (Final) to the Waldwic Gallery Renovation for the Public Museum in the amount of +$34,340.30. If there are any questions on this purchase, please contact me or Assistant City Manager/Director of Administrative Services John Fitzpatrick.

Attachments

Res 24-617

TO:

Honorable Mayor and Members of the Common Council

FROM:

Kathy Snell, Special Events Coordinator

DATE:

11/26/2024

SUBJECT:

Res 24-618 Approve Special Event - Anglers in Action Inc. to Utilize Menominee Park Millers Bay and Boat Launch Parking Lot to Host the Cold Water Classic, January 25, 2025

Attachments

RES 24-618

Cold Water Classic Attachment

TO:

Honorable Mayor and Members of the Common Council

FROM:

Kathy Snell, Special Events Coordinator

DATE:

11/26/2024

SUBJECT:

Res 24-619 Approve Special Event - Special Olympics Wisconsin to Utilize Menominee Park & Millers Bay for the Polar Plunge, February 8, 2025

Attachments

RES 24-619

Polar Plunge Attachment

TO:

Honorable Mayor and Members of the Common Council

FROM:

Kathy Snell, Special Events Coordinator

DATE:

11/26/2024

SUBJECT:

Res 24-620 Approve Special Event - Hmong Service Center, Inc to Hold the Hmong National Memorial Day Festival at the Winnebago County Community Park, May 24 & 25, 2025

Attachments

RES 24-620

Hmong National Memorial Day Festival Attachment

TO:

Honorable Mayor and Members of the Common Council

FROM:

Kathy Snell, Special Events Coordinator

DATE:

11/26/2024

SUBJECT:

Res 24-621 Approve Special Event - Oshkosh Festivals, LLC to Utilize City Streets for the Crossroads 41 Event, August 6 Through August 9, 2025

Attachments

RES 24-621

Crossroads 41 Music Festival Attachmnet

TO:

Honorable Mayor and Members of the Common Council

FROM:

Kathy Snell, Special Events Coordinator

DATE:

11/26/2024

SUBJECT:

Res 24-622 Approve Special Event - Hmong Service Center, Inc. to Hold the Hmong National Labor Day Festival at Sunnyview Exposition Center and the Winnebago County Community Park, August 30 & August 31, 2025

Attachments

RES 24-622

Hmong National Labor Day Festival Attachment

TO:

Honorable Mayor and Members of the Common Council

FROM:

Jon Urben, General Services Manager

DATE:

11/26/2024

SUBJECT:

Res 24-614 Approve Purchase of 2025 iasWorld Software as a Service (SaaS) Agreement from Tyler Technologies, Inc. for IT Division ($130,100.00)

BACKGROUND

The Assessor Division utilizes Tyler Technologies iasWorld software to perform its assessment duties for real estate and personal property tax valuations. This agreement is proprietary to the assessment software system utilized by the city of Oshkosh.

ANALYSIS

The Tyler Technologies iasWorld annual software agreement is $130,100.00, billed quarterly. The City Manager has approved this service agreement renewal. Tyler Technologies does not offer a multi-year renewal option for this software as their rates are adjusted annually. Purchasing has confirmed this purchase qualifies as an exception to our purchasing ordinance.

FISCAL IMPACT

The annual total fiscal impact of this agreement for 2025 is $130,100.00. Funds for the 2025 iasWorld agreement ($130,100.00) are allocated annually to the cloud-based computer services account (01000110 6415) of the 2025 IT Operating Budget.

RECOMMENDATION

Section 12-11 of the Municipal Code provides that, subject to approval of the City Manager, purchases may be made without following a formal competitive bidding process when the purchase is from only one source of supply or when standardization or compatibility is the overriding consideration. In accordance with Section 12-11 of the Municipal Code and with approval by the City Manager, Purchasing recommends the Common Council approve the 2025 iasWorld Software as a Service (SaaS) agreement for $130,100.00 with Tyler Technologies, PO Box 203551, Dallas, TX 75320-3551.

Attachments

RES 24-614

TO:

Honorable Mayor and Members of the Common Council

FROM:

Mark Rohloff, City Manager

DATE:

11/26/2024

SUBJECT:

Ord 24-623 Cancel December 24, 2024 Council Meeting

Attachments

ORD 24-623

TO:

Honorable Mayor and Members of the Common Council

FROM:

Dean Smith, Police Chief

DATE:

11/26/2024

SUBJECT:

Ord 24-624 Create Temporary Ordinance Prohibiting Alcohol in City Parks

BACKGROUND

The City of Oshkosh does not currently prohibit the consumption of alcohol beverages in city parks and has taken steps in recent years to expand the ability to consume alcohol beverages in the city's downtown area during certain limited times and with certain conditions through the adoption of a Designated Outdoor Refreshment Area (DORA). The Common Council through the DORA has, through March 31, 2025, permitted the carrying of open containers and consumption of alcoholic beverages within the city's North Main Street downtown area on Wednesday through Saturday evenings and on Saturday afternoons. While for the most part the DORA has resulted in minimal additional enforcement and concern in the downtown area, there have been incidents related to the consumption of alcohol beverages, particularly within the Opera House Square Park area, where intoxicated persons have either violated or attempted to violate other ordinances of the City of Oshkosh.

Due to the increase in these incidents, businesses in the downtown area and representatives of the Downtown Oshkosh Business Improvement District (BID) have approached the city with concerns pertaining to the unregulated consumption of alcohol beverages within the parks within the downtown area.

Staff reviewed the complaints and incidents that have occurred and recommends that action be taken to limit the consumption of alcohol in and around Grand Opera House Park. In addition, staff is concerned that regulating alcohol beverage consumption in a single or certain parks while prohibiting it in others may simply drive the problem from one public location to another. To that end, staff is recommending a temporary prohibition of alcohol beverages at all parks to address the current problems as well as to allow the city to evaluate the effectiveness of this measure and to identify other potential longer-term solutions.

While staff supports the prohibition of uncontrolled use of alcohol beverages within the city parks, staff does recommend some limited exceptions for situations with more controlled possession and consumption, specifically in connection with the holiday parade which has already been approved by Council and occurs during the original DORA hours, and in connection with approved Special Events and park facility rentals.

ANALYSIS

Limiting the possession and consumption of alcohol in city parks and in the established DORA district will require two (2) separate actions of the Council: an ordinance to prohibit the possession and consumption of alcohol beverages within city parks and a resolution to modify the approval of the DORA in the downtown area to remove the city parks and the sidewalk area adjacent to Opera House Square Park from the approved areas for carrying and consumption of alcohol.

Staff is proposing limited exceptions for the holiday parade which has already been approved by Council and occurs during the original DORA hours, and in connection with approved Special Events and park facility rentals where staff can work with the organizers to address concerns related to control of possession and consumption.

Staff is requesting waiving the rules to allow for passage of the ordinance upon the first reading to allow all provisions to go into effect at the same time for consistency of communication and education of the public.

Staff is also requesting that the ordinance provision be limited in term to March 31, 2025 and be self-repealing, requiring no further formal action of the Council to repeal at that time.

RECOMMENDATION

Staff recommends waiving of the rules and adopting on first reading the proposed ordinance to temporarily prohibit possession and consumption of alcohol beverages in city parks with the noted exceptions.

Attachments

ORD 24-624

TO:

Honorable Mayor and Members of the Common Council

FROM:

Kelly Nieforth, Director of Community Development

DATE:

11/26/2024

SUBJECT:

*Ord 24-625 Approve Request to Annex to the City from the Town of Oshkosh, 4434 Island View Drive, Parcel 01805930000 (Plan Commission Recommends Approval)

BACKGROUND

The property is located on the east side of Island View Drive approximately 400 feet south of Sunnyview Road and fronts the west shoreline of Lake Winnebago. The property contains a single-family house with attached 2-car garage. The petitioner is requesting to annex to enable a connection to City water. The existing well serving the house has failed and the owner has chosen to annex to the city versus constructing a replacement well. The Common Council approved an Annexation Agreement (Res. 24-534) which allowed the owner to connect to City water prior to officially annexing to the City to shorten the delay of restoring water to her house. The agreement stipulates that the owner will follow through with the annexation after connecting to City water. The house is currently connected to sanitary sewer owned by the Island View Sanitary District.

ANALYSIS

The proposed annexation meets Wisconsin's statutory requirements for unanimous annexations. The property is adjacent to the City to the north and south, and will eliminate a town island. The State of Wisconsin Department of Administration's Municipal Boundary Review has reviewed the petition and found the annexation to be in the public interest.

The Comprehensive Plan designates this area appropriate for Light Density Residential land uses, which is consistent with the proposed Single Family Residential-5 (SR-5) District zoning designation.

The Department of Public Works has reviewed the request and reported that the City water main is available along Island View Drive. Sanitary sewer is also located within the Island View Drive right-of-way; however, it is owned by the Island View Sanitary District. The Oshkosh Fire and Police Departments have reviewed the annexation request and do not have any concerns with providing services to this property.

RECOMMENDATION

The Plan Commission recommended approval of the requested annexation on November 19, 2024. Please see the attached staff report, meeting minutes and the Wisconsin Department of Administration's finding for more information.

Attachments

Ord 24-625

Exhibit A to Ord 24-625

Annexation - 4434 Island View Dr

DOA Letter

StampedKrommAnnexationMap

StampedUnanimousPetition

StampedZoningPetition

TO:

Honorable Mayor and Members of the Common Council

FROM:

Jim Collins, Director of Transportation

DATE:

11/26/2024

SUBJECT:

*Ord 24-626 Amend Section 27A-11 of the Municipal Code to Update Parking Regulations on South Main Street Between the Fox River and W. 9th Avenue (Transportation Committee Recommends Approval)

BACKGROUND

Part of South Main Street was recently reconstructed to add parking bump-outs. This updates the city's parking regulations accordingly to allow parking in these areas. The Transportation Committee recommends approval (5-0).

ANALYSIS

These parking bump-out areas were added in preparation for the Mill on Main project.

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 and of the Municipal Code pertaining to parking regulations on designated streets and alleys.

Attachments

Ord 24-626

TO:

Honorable Mayor and Members of the Common Council

FROM:

Jim Collins, Director of Transportation

DATE:

11/26/2024

SUBJECT:

*Ord 24-627 Amend Section 27A-11 of the Municipal Code to Extend No Parking Regulations on the West Side of Dove Street (Transportation Committee Recommends Approval)

BACKGROUND

A resident that lives in this area requested that the no parking area on this street be extended about 100 feet. The resident stated that a number of vehicles are parking here to fish and blocking their driveways, making ingress and egress difficult. The parked cars are also causing issues with garbage collection and mail delivery.

ANALYSIS

This change will reduce the impact of visitor parking on the residence. There is still sufficient on-street parking on this street.

BOARD/COMMISSION INFORMATION

The Transportation Committee supports this recommendation (5-0).

FISCAL IMPACT

The fiscal impact of this ordinance change is parking signage.

RECOMMENDATION

I recommend approval.

Attachments

Ord 24-627

TO:

Honorable Mayor and Members of the Common Council

FROM:

Jim Collins, Director of Transportation

DATE:

11/26/2024

SUBJECT:

*Ord 24-628 Amend Section 27-14 of the Municipal Code Truck Routes Designated (Transportation Committee Recommends Approval)

BACKGROUND

The city engaged KL Engineering to study the city's truck routes at the request of the BID. KL presented the study and its recommendations at the June 11^th Transportation Committee meeting. Subsequently, the information was provided to the Common Council with a request for direction. The council requested that these recommendations be considered together and that residents of South Park Avenue be noticed of the potential addition of South Park Avenue as a designated truck route from Ohio Street to Main Street and be given a chance to comment. Notice was sent to all affected property owners and no comments were received. The Transportation Committee previously recommended these changes be implemented. We did receive some feedback from a resident on Jackson Street concerned that no longer offering North Main Street as a truck route may increase truck traffic on Jackson Street. KL and staff believe there would be a very minimal impact on Jackson Street as trucks are still allowed to take the most direct route to and from their origin and destination and most already avoid N. Main Street. KL's presentation is included for your reference.

ANALYSIS

The stakeholder groups that participated in the truck route study and the BID strongly support these changes.

BOARD/COMMISSION INFORMATION

The Transportation Committee supports this recommendation (5-0)

FISCAL IMPACT

The fiscal impact of this ordinance change is administrative changes to the municipal code.

RECOMMENDATION

I recommend approval following the recommendations of KL Engineering, the stakeholder group, the BID and the Transportation Committee.

Attachments

Ord 24-628

Truck Route Presentation

TO:

Honorable Mayor and Members of the Common Council

FROM:

Jim Collins, Director of Transportation

DATE:

11/26/2024

SUBJECT:

*Ord 24-629 Amend Section 27-35 and Appendix 27B of the Oshkosh Municipal Code Pertaining to Parking Regulations Within City-Owned Parking Lots in Relation to the Construction of the New East 9th Avenue Parking Lot (Transportation Committee Recommends Approval)

BACKGROUND

The City constructed a new public parking lot in connection with the Sawdust District Plan which includes the T. Wall development and Riverwalk Extension.

ANALYSIS

The new parking lot in the area of East 9th Avenue needs to be added to the municipal code. At this time staff proposed and that the new parking stalls will be free with no time restriction other than overnight (2-5 a.m.).

BOARD/COMMISSION INFORMATION

The Transportation Committee supports this recommendation (5-0).

FISCAL IMPACT

The fiscal impact of this ordinance change is parking signage.

RECOMMENDATION

I recommend approval of the ordinance.

Attachments

Ord 24-629

P-19 East 9th Map

TO:

Honorable Mayor and Members of the Common Council

FROM:

Lynn Lorenson, City Attorney

DATE:

11/26/2024

SUBJECT:

*Ord 24-630 Amend Portions of Chapter 4 of the City of Oshkosh Municipal Code Pertaining to Alcohol Beverages – License Investigations, Granting and Issuance of Premises and Operator's Licenses

BACKGROUND

The State of Wisconsin updated significant portions of the Wisconsin Statutes pertaining to Alcohol Beverage laws. City staff reviewed the changes and worked with outside counsel from the law firm of Ogden, Glazer and Schaefer, LLC who specialize in alcohol beverage regulations.

Based on the review of our current codes it is recommended that the City update and clarify current code provisions pertaining to license investigations and to the granting and issuance of premises and operator's licenses. The Department of Revenue issued draft guidance on November 6th that staff is currently reviewing and which may necessitate or advise additional changes, particularly in relation to Full Service Retail outlets. However at this time, staff is recommending the current changes to give the City a clear process and starting point. If additional changes or modifications are required when the guidance and final rules are issued, staff would follow up with those after further review.

ANALYSIS

A working group comprised of staff from the City Attorney's office, City Clerk's office, Police Department, Fire Department, Planning Services Division, Parks Department and the City Manager and outside counsel met on several occasions to review the new state statutes and discuss the city's current processes and procedures. In many cases the updates are simply adding current practices more explicitly into the Municipal Code. One change that is not currently referenced in the alcohol beverage sections of the Municipal Code but does currently occur when a new business is established under the provisions of Chapter 30 of the Zoning Code is a review by the Planning Services Division. Due to changes in the state statutes pertaining to state licensing of Full Service Retail outlets, it is being recommended to municipalities to include a reference to zoning compliance within the alcohol beverage portions of your municipal code. As noted above, we continue to await some additional guidance from the State in this regard, however, because municipalities are starting to see these applications coming at this point, staff is recommending the changes to the code at this time. If additional clarifications are needed based on future guidance we will bring those forward as may be necessary.

A redlined and annotated version of the current code is attached to this memorandum which notes the specific changes being recommended and the basis for those changes.

Staff is grateful to outside counsel from the Ogden, Glazer and Schaefer law firm who provided expertise in this complex area of law and a perspective from an applicant's potential view to our discussions to assure that staff was working within the law and in a manner that would not be burdensome to applicants.

FISCAL IMPACT

It is difficult to estimate a fiscal impact from the proposed revisions in this case. Many reflect current processes and therefore staff believes at this point that there may be no or minimal impact.

RECOMMENDATION

It is recommended that the Council approve the proposed amendments to Chapter 4 Pertaining to Alcohol Beverages – License Investigations, Granting and Issuance of Premises and Operator's Licenses.

Attachments

Ord 24-630

Chapter 4 updates - clean

Chapter 4 Updates - redline

TO:

Honorable Mayor and Members of the Common Council

FROM:

Lynn Lorenson, City Attorney

DATE:

11/26/2024

SUBJECT:

*Ord 24-631 Create Chapter 4 Article III-A Pertaining to Alcohol Beverages - Issuance of Special Class "B" and Special "Class B" Licenses

BACKGROUND

At a recent special meeting for the purpose of issuing a Special Class "B" license, the Council questioned whether it was permissible to authorize the City Clerk to issue Special Class "B" and Special "Class B" licenses without the need to bring those licenses to Council for approval. Section 125.17(1) of the Wisconsin Statutes permits a municipality to designate an official authorized to issue Special Class "B" and Special "Class B" Licenses.

ANALYSIS

Staff reviewed the current Municipal Code for the purpose of authorizing the City Clerk to issue Special Class "B" and Special "Class B" licenses. Staff recommends creation of a new section of the Code: to authorize the City Clerk to issue Special Class "B" and Special "Class B" licenses for persons meeting all statutory and ordinance requirements and to set forth an appeal process for persons who might be denied a license or who believe conditions of a license approval by staff through this staff administrative process are unreasonable. This process will allow for quicker issuance of Special Class "B" and Special "Class B" licenses, which will no longer need to wait for formal Council approval.

A copy of an annotated redlined version of the proposed ordinance changes and clean copy of the revised ordinance are included with this memorandum.

FISCAL IMPACT

The proposed changes allow issuance of Special Class "B" and Special "Class B" licenses directly by the City Clerk. There is some time savings in the preparation of council items, but there is no substantial fiscal impact anticipated from passage of this ordinance.

RECOMMENDATION

It is recommended that if Council wishes to delegate this authority to the City Clerk, that the Council approve the proposed amendments to Chapter 4 to Create Chapter 4 Article III-A Pertaining to Alcohol Beverages - Issuance of Special Class "B" and Special "Class B" Licenses.

Attachments

Ord 24-631

Chapter 4 - Special Class B Licenses - clean

Chapter 4 - Special Class B Licenses - Annotated

TO:

Honorable Mayor and Members of the Common Council

FROM:

Dean Smith, Police Chief

DATE:

11/26/2024

SUBJECT:

Res 24-632 Amend Approved Designated Outdoor Refreshment Area (DORA) for the Downtown Business Improvement District (BID) Area 2024/2025 to Remove City Park Property and Sidewalk Adjoining Opera House Square Park

BACKGROUND

ANALYSIS

RECOMMENDATION

Staff recommends approval of the Resolution modifying the existing DORA to prohibit alcohol possession/consumption in Opera House Square Park and on its' adjoining sidewalks with the noted exceptions.

Attachments

RES 24-632

TO:

Honorable Mayor and Members of the Common Council

FROM:

Mark Rohloff, City Manager

DATE:

11/26/2024

SUBJECT:

Res 24-633 Direct City Staff to Excuse Parking Tickets Issued to Early In-Person Voters

BACKGROUND

At its November 12, 2024 Council meeting, council gave direction to staff to bring forward a resolution to direct staff to excuse parking tickets that had been issued to early in-person voters at the 19 East Irving Facility. 9 parking tickets were issued during early in-person voting. The Resolution will direct staff to excuse those parking tickets.

Attachments

RES 24-633

TO:

Honorable Mayor and Members of the Common Council

FROM:

Kelly Nieforth, Director of Community Development

DATE:

11/26/2024

SUBJECT:

Res 24-634 Approve General Development Plan and Specific Implementation Plan for New Clearwells at 425 Lake Shore Drive (Plan Commission Recommends Approval)

BACKGROUND

The subject site is a 9.14-acre property with frontage on Lake Shore Drive, Washington Avenue, Linde Street, and Merritt Avenue. The site is used as the City's water filtration plant and includes several structures and associated paved areas. The surrounding area consists of park land to the north and east, residential uses to the west and south, as well as The Waters banquet hall/yacht club to the south. The 2040 Comprehensive Land Use Plan recommends Community Facility use for the subject site.

ANALYSIS

The applicant is proposing to replace three existing clearwells (buried potable water storage tanks) on the site due to their age and condition. The subject property has served as the location for water supply and treatment facilities since the late 1800s and will continue to be used to supply potable water to the City during and following construction of the Clearwells Replacement Project. The large-scale public utility use of the site is consistent with the Institutional (I) zoning of the property.

A Plan Commission workshop was held on October 15, 2024 to discuss the proposed Clearwells Replacement Project. Plan Commissioners voiced concerns primarily related to street frontage landscaping, specifically along Lake Shore Drive, where future improvements are anticipated. Plan Commission was supportive of the proposed clearwell exterior design.

A neighborhood meeting was held on October 30, 2024. Neighbors in attendance voiced questions/concerns regarding grade elevation of the new structures, construction traffic and work hours, fencing, exterior building materials, and changes to the landscaping and walking paths related to the future Reimagination of Lake Shore Drive project.

The applicant is requesting BSMs related to reduced setbacks, increased front yard fence height, existing lighting, and reduced street frontage landscaping. To offset these requests, the applicant has exceeded the total landscaping point requirement by 10%. The applicant has also provided decorative perimeter fencing for a more attractive appearance than other types of security fencing. The exterior design of the clearwell and pump station buildings have been approved through architectural review by Plan Commission on November 19, 2024.

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 $37.4 million on the project. The project was allocated CIP funding in 2021, 2023, 2024, and 2025.

RECOMMENDATION

The Plan Commission recommended approval of the requested General Development Plan and Specific Implementation Plan with the findings and conditions at 425 Lake Shore Drive on November 19, 2024. Please see the attached staff report and meeting minutes for more information.

Attachments

RES 24-634

GDP.SIP - 425 Lake Shore Dr

TO:

Honorable Mayor and Members of the Common Council

FROM:

Kelly Nieforth, Director of Community Development

DATE:

11/26/2024

SUBJECT:

Res 24-635 Approve Conditional Use Permit Request for a Temporary Use Permit Extension for New Clearwells Construction Staging at Property Located on the East Side of the 400 Block of Lake Shore Drive (Parcel 1100950200) (Plan Commission Recommends Approval)

BACKGROUND

The subject site is a 1.04-acre City-owned property with frontage on Lake Shore Drive as well as Lake Winnebago. The property is zoned Institutional (I) and includes public parking and open-space area. The subject site is surrounded by park land to the north, water filtration plant to the west, The Waters banquet hall and yacht club to the south, and Lake Winnebago to the east.

ANALYSIS

The applicant is planning to use Lake Shore Drive and a portion of the abutting City-owned property to the east (subject site) for temporary construction contractor staging, construction materials storage, contractors' field offices, contractor employee parking, and construction work area adjacent to the water filtration plant during the proposed Clearwells Replacement Project. The applicant notes that pedestrian access to the Charles Schurz monument and a portion of the park area and shoreline east of Lake Shore Drive will be maintained during the temporary use of Lake Shore Drive and subject site for construction and staging.

The applicant also notes that heavy construction activities will be performed primarily on the water filtration plant site, not on Lake Shore Drive or subject site. The City's standard requirement for controlling construction noise, dust, pollution, and other potential disturbance to the community are conditions of the Clearwells Replacement project construction contract.

Use of the subject site for staging of vehicles/equipment/trailers requires a temporary use permit (TUP), which is limited to 90 days per calendar year, but may be extended in duration through the conditional use process. The applicant is requesting a Conditional Use Permit (CUP) to allow for the TUP to be extended as the staging area is anticipated to be utilized from spring 2025 through spring 2028.

Staff is supportive of the TUP extension as the use of this staging area is necessary for the City Clearwell project to be completed. Staff is recommending conditions that the TUP expire on June 30, 2028 and the area be returned to pre-use conditions including repair of any damaged lawn areas after expiration of the TUP.

RECOMMENDATION

The Plan Commission recommended approval of the requested conditional use permit request for a temporary use permit extension with the findings and conditions at property located on the east side of the 400 block of Lake Shore Drive (parcel 1100950200) on November 19, 2024. Please see the attached staff report and meeting minutes for more information.

Attachments

RES 24-635

CUP - 0 Lake Shore Dr

TO:

Honorable Mayor and Members of the Common Council

FROM:

Kelly Nieforth, Director of Community Development

DATE:

11/26/2024

SUBJECT:

Res 24-636 Approve Partial Land Acquisitions at 3277 and 3290 Meadowbrook Road (Plan Commission Recommends Approval)

BACKGROUND

The subject area involves two properties located between two road segments of Meadowbrook Road. The purpose of this land acquisition is to connect both sections of Meadowbrook Road to make a through street. The street extension of Meadowbrook Road was first identified on Certified Survey Map number 492 recorded in 1978 which reserved the south 33-foot portion of 3290 Meadowbrook Road for street purposes. In 2005, The Second Addition to Pheasant Creek Farm Subdivision was recorded which included a segment of Meadowbrook Road purposely located where the two segments would be able to connect and provide the subdivision additional access to an arterial street (West 9th Avenue).

The reason for the delay in the City taking this action is that both of these properties were in the Town of Algoma until 2023 but were attached to the city on March 1, 2023 as part of the Town of Algoma and City of Oshkosh Cooperative Boundary Agreement. Now that the properties are in the City, as well as lands further west, the City can now plan for extending municipal utilities (water main and sanitary sewer) and municipal streets.

The surrounding area consists of single-family uses with a platted residential subdivision to the east and a more rural-style residential development to the west. The 2040 Comprehensive Plan identifies the area suitable for light density residential development.

ANALYSIS

The two proposed land acquisitions will extend the 66-foot right-of-way from the west to the west end of the east segment of Meadowbrook Road, connecting to its 60-foot right-of-way. 3277 Meadowbrook Road will be dedicating a 33.01-foot by 214.52-foot, 7,081 square foot area while 3290 Meadowbrook Road will be dedication a 241.75-foot by 33.00-foot, 7,978 square foot area.

Once the land acquisitions are complete, the City will dedicate the land as public right-of-way. This will enable the City to extend the water main, sanitary sewer and storm sewer to serve former town properties along Meadowbrook Road. The street connection will also provide the subdivision an additional access to West 9th Avenue.

This review and subsequent approval by the Common Council is the first step for the City to acquire these properties. The City is required to follow the acquisition process as required by state statute.

FISCAL IMPACT

There is no fiscal impact at this time. As the Department of Public Works and their real estate consultant move forward with the process, the acquisition will be on a future Council agenda which will include the fiscal impact.

RECOMMENDATION

Plan Commission recommended approval of the partial land acquisitions on November 19, 2024. Please see the attached staff report and meeting minutes for more information.

Attachments

RES 24-636

Land Acq - Meadowbrook Rd

DATE:

11/26/2024

SUBJECT:

West 7th Avenue Reconstruction Update

DATE:

11/26/2024

SUBJECT:

Presentation from Oshkosh Area Humane Society (TBD)

DATE:

11/26/2024

SUBJECT:

City Manager Recruitment Update (Mayor Mugerauer)

TO:

Honorable Mayor and Members of the Common Council

FROM:

Mark Rohloff, City Manager

DATE:

11/26/2024

SUBJECT:

Professional Services Agreement with AECOM for 2025 Storm Water Management Assistance ($31,750)

BACKGROUND

The Department of Public Works requested a proposal from AECOM for storm water management assistance services for the 2025 calendar year. This agreement is a "master services" agreement to cover a variety of on-call needs that may arise during the year. Project Authorizations will be prepared for each request for services that will define the scope of services and budget to be adhered to for those services. Services provided under this agreement typically include compliance with the Municipal Separate Storm Sewer System (MS4) permit, storm water pollution management analyses, and hydrologic and hydraulic modeling analyses, among other needs that may arise.

ANALYSIS

AECOM was chosen for these services due to their knowledge of the City and vast experience with this type of work.

FISCAL IMPACT

The cost of these services is estimated not to exceed $31,750 and will be funded through the Storm Water Utility Operating Budget (Account #05612030-6401/Engineering & Planning-PS - Engineer/Survey/Appraisal and Account #03210410-6804-XXXXX/Contract Control-Storm Sewer-Multiple Projects.

RECOMMENDATION

Chapter 12 of the Municipal Code of the City of Oshkosh provides that professional services of a specialized nature, including engineering services, may be procured without the use of formal, sealed quotes. In accordance with Section 12-16 of the Code, I am hereby submitting this report regarding this professional services agreement.

Please contact me if you have any questions concerning this professional services agreement.

Attachments

AECOM 2025 Gen SW Proposal

TO:

Honorable Mayor and Members of the Common Council

FROM:

Mark Rohloff, City Manager

DATE:

11/26/2024

SUBJECT:

Professional Services Agreement with KL Engineering, Inc. for Transportation Engineering On-Call Assistance Services for Calendar Year 2025 ($40,000)

BACKGROUND

The Department of Public Works requested a proposal from KL Engineering, Inc. (KL Engineering) for transportation engineering assistance services for the 2025 calendar year. This agreement is a "master services" agreement to cover a variety of on-call needs that may arise during the year. Project Authorizations will be prepared for each request for services that will define the scope of services and budget to be adhered to for those services. Services provided under this agreement typically include traffic operational and safety studies, traffic counts, signal design and timing, roundabout and intersection design, electrical design, and intersection design and traffic study reviews, among other needs that may arise.

ANALYSIS

KL Engineering was chosen for these services due to their knowledge of the City and vast experience with this type of work.

FISCAL IMPACT

The cost of these services is estimated not to exceed $40,000 and will be funded through various sections of the Operating Budget or the Capital Improvement Program Budget, depending on the type of service requested (Account #03210410-68XX-XXXXX/Multiple Funds and #XXXXXXX-6401-XXXXX/Multiple Funds).

RECOMMENDATION

Chapter 12 of the Municipal Code of the City of Oshkosh provides that professional services of a specialized nature, including engineering services, may be procured without the use of formal, sealed quotes. In accordance with Section 12-16 of the Code, I am hereby submitting this report regarding this professional services agreement.

Please contact me if you have any questions concerning this professional services agreement.

Attachments

KL Eng 2025 Trans Serv Proposal

TO:

Honorable Mayor and Members of the Common Council

FROM:

Mark Rohloff, City Manager

DATE:

11/26/2024

SUBJECT:

Professional Services Agreement with Donohue & Associates, Inc. for Structural Engineering Design and Construction-Related Services for 2025 Capital Improvement Projects ($60,000)

BACKGROUND

The Department of Public Works requested a proposal from Donohue & Associates, Inc. (Donohue) for structural engineering design and construction-related services for the various projects in the 2025 CIP. This agreement is intended for use as a master services agreement for engineering support services to the City. All work completed under this agreement will be completed on a task order basis when design criteria have been established for each Project needing support.

ANALYSIS

Donohue was chosen because of their staff's knowledge of the City and experience with this type of work. The work associated with this agreement is anticipated to be complete by the fall of 2025.

FISCAL IMPACT

The cost of these services is estimated not to exceed $60,000 and will be split among the Storm Water, Water Main, Sanitary Sewer, Transportation, and the Street Paving sections of the 2025 CIP. Funding is available in all five (5) sections of the 2024 CIP (Account #03210410-68XX-XXXXX/Multiple Funds and #03231717-7216-63001/Parking Lot Improvements-Land Improvement-Parking Lot Improvements).

RECOMMENDATION

Chapter 12 of the Municipal Code of the City of Oshkosh provides that professional services of a specialized nature, including engineering services, may be procured without the use of formal, sealed quotes. In accordance with Section 12-16 of the Code, I am hereby submitting this report regarding this professional services agreement.

Please contact me if you have any questions concerning this professional services agreement.

TO:

Honorable Mayor and Members of the Common Council

FROM:

Mark Rohloff, City Manager

DATE:

11/26/2024

SUBJECT:

Professional Services Agreement with AECOM for 2025 Water Distribution System Leak Detection Services ($35,000)

BACKGROUND

Unidentified water loss within the water distribution system continues to be a topic of concern for the Wisconsin Department of Natural Resources (WDNR) and the Public Service Commission of Wisconsin (PSC). One of the most successful and cost-effective recommendations the Water Utility has received from the WDNR and PSC is to hire a specialized outside consultant team to perform an annual leak detection survey on our water distribution system.

The purpose of the annual survey is to identify specific points of leakage that would otherwise go undetected throughout the year. Past surveys have yielded an average of 25 – 50 different leak locations. If these locations are not detected, they have the potential of wasting 150,000 – 400,000 gallons of water per day in unidentified water loss. As leaks are identified by the team, they are immediately communicated to Water Distribution staff for repair.

The Department of Public Works has been working with AECOM on this leak detection survey program for the past fifteen (15) plus years. The program divides the City into three (3) zones, each covering approximately one-third (1/3) of the distribution system. Each zone consists of approximately one hundred (100) miles of water main.

ANALYSIS

The Department of Public Works requested a proposal from AECOM to perform the leak detection survey again this year due to their staff familiarity with the City of Oshkosh and our water distribution system and their past proficient experience with performing these services.

FISCAL IMPACT

This year's work is estimated to cost approximately $35,000. The cost for these services is funded in the Water Utility Operating Budget (Account #05411867-6401-08673/Water Distribution Maintenance-PS - Engineer/Survey/Appraisal-Maint-Mains and #05411867-6401-08675/Water Distribution Maintenance-PS - Engineer/Survey/Appraisal-Maint-Services).

RECOMMENDATION

Attachments

AECOM 2025 Leak Detect Proposal

DATE:

11/26/2024

SUBJECT:

Outstanding Issues

Attachments

Outstanding Issues 11.26.24