City of Neenah COMMON COUNCIL AGENDA Wednesday, August 1, :00 p.m. Neenah City Hall Council Chambers

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1 I. Roll Call and Pledge of Allegiance. City of Neenah COMMON COUNCIL AGENDA Wednesday, August 1, :00 p.m. Neenah City Hall Council Chambers II. Introduction and Confirmation of Mayor s Appointment(s). (None) III. Approval of Council Proceedings of July 18, 2018 regular session and July 18, 2018 Committee of the Whole minutes. (Proceedings and Minutes can be found on the City web site) (RollCall-Pro) IV. Public Hearing. A. Consider amending Section (15), (15), (13), (13), (9), (10), of the Neenah Zoning Code modifying the minimum Shoreyard Setbacks for principal structures or uses and accessory structure or uses. V. Plan Commission report pertaining to the public hearing. A. Plan Commission meeting of July 24, 2018: (Ald. Lang) (Minutes can be found on the City web site) 1. Commission recommends Council adopt Ordinance No amending Sections (15), (15), (13), (13), (9), (10), of the Code of Ordinances relating to Shoreyard Setbacks. (RollCall-Pro) VI. VII. VIII. Public Forum. A. Speakers should give their name and residential address (not mailing address) and are allowed five minutes to speak on any topic. Mayor/Council consideration of public forum issues. Consent Agenda. A. Approve the Beverage Operator License Applications for: Kendrick C. Bruneel, Alicia L. Cameron, Elizabeth C. Darkow, Debra L. DeRoche, Michelle L. Flowers, Donald J. Gullickson, Corrie A. Kordus, Stephanie E. Mader, Jason A. Meyer, Justine N. Moderson, Chelsea A. Niemuth, Jackie R. Paulson, Alexander J. Prince, Alondra E. Sanchez, Cheryl A. Sturgis, Tammy M. Winton, Ryan R. Zenisek and Lisa A. Zolkowski. (PSSC) B. Approve the Beverage Operator License Application (new) for Samantha I. Hill contingent upon payment of all delinquent City fees. (PSSC) C. Approve the Beverage Operator License Application (renewal) for Polly S. Lund contingent upon payment of all delinquent City fees. (PSSC) D. Approve the Beverage Operator License Application (renewal) for Steven J. Schilly contingent upon payment of all delinquent City fees. (PSSC)

2 Council Agenda August 1, 2018 Page 2 of 3 E. Approve a one-time Temporary Extension of Retail Class B Premise for North American Hotel Group, LLC, d/b/a Double Tree by Hilton, for August 8, 2018 from 5:00 to 8:00 p.m. (PSSC) F. Approve the Street Use Permit for Gord s Street Dance sponsored by Outagamie County Tavern League, Paula Pitsch, 210 Main Street, to be held on August 25, 2018 with the contingency that Gord s Pub submit a map with more detail for this event and that the event ends at 10:00 p.m. (PSSC) G. (RollCall-Pro) IX. Reports of standing committees and consideration thereof. A. Special Public Services and Safety Committee meeting of July 24, 2018: (Chairman Bates/Vice Chairman Hillstrom) (Minutes can be found on the City web site) 1. Committee recommends Council approve the Findings of Fact and Conclusions of Law and uphold the Beverage Operator License Nonrenewal for Rebecca I. Sauer. (RollCall-Pro) B. Regular Public Services and Safety Committee meeting of July 24, 2018: (Chairman Bates/Vice Chairman Hillstrom) (Minutes can be found on the City web site) 1. Committee recommends Council adopt Ordinance creating Neenah Code 3-32 providing for a Penalty for Animal Causing Damage or Injury. (RollCall-Pro) C. Regular Finance and Personnel Committee meeting of July 23, 2018: (Cancelled) X. Reports of special committees and liaisons and various special projects committees and consideration thereof. A. Regular Plan Commission meeting of July 24, 2018: No Report B. Board of Public Works meeting of July 24, 2018: (Vice Chairman Hillstrom) (Minutes can be found on the City web site) 1. Information Only Items: a) The Board approved Pay Estimate No. 4 for Contract 1-18 Miscellaneous Sewer and Water Main Construction and Street Construction on Andrew Avenue, Richard Avenue, Geiger Street and Whiting Court to David Tenor Corporation, Green Bay for $142, b) The Board approved Pay Estimate No. 1 for Contract 2-18 Miscellaneous Sewer and Water Main Construction and Street Construction on Cecil Street and Adams Street to David Tenor Corporation, Green Bay in the amount of $202, c) The Board approved Pay Estimate No. 3 for Contract 3-18 Nature Trail Subdivision Street Construction to MCC, Inc., Appleton in the amount of $185, d) The Board approved Change Order #6 for Contract PR01-17 the Fox River Loop the Lake Project in the amount of $11, to Pheifer Brothers Construction, Neenah. C. Landmarks Commission 1. Report from the Landmarks Commission Alderman Lang F:\CLERK\WPDATA\CouncilMinutesAgendas\A CC.docx

3 Council Agenda August 1, 2018 Page 3 of 3 D. Sustainable Neenah Committee 1. Report from the Sustainable Neenah Committee Alderman Kunz E. Reports on neighborhood groups. 1. Business Improvement District Board (BID Board) Alderman Lang F. Bergstrom Mahler Museum 1. Report from the Bergstrom Mahler Museum Alderman Erickson XI. XII. XIII. XIV. XV. Presentation of petitions. A. Any other petition received by the City Clerk s Office after distribution of the agenda. Council Directives. Unfinished Business. New Business. A. Any announcements/questions that may legally come before the Council. Adjournment. In accordance with the requirements of Title II of the Americans with Disabilities Act (ADA), the City of Neenah will not discriminated against qualified individuals with disabilities on the basis of disability in its services, programs, or activities. If you need assistance, or reasonable accommodation in participating in this meeting or event due to a disability as defined under the ADA, please call the Clerk s Office (920) or the City s ADA Coordinator at (920) or attorney@ci.neenah.wi.us at least 48 hours prior to the scheduled meeting or event to request an accommodation. F:\CLERK\WPDATA\CouncilMinutesAgendas\A CC.docx

4 Committee of the Whole Minutes Wednesday, July 18, :00 p.m. Council Chambers Purpose: 2017 Comprehensive Annual Financial Report (CAFR) Present: Aldermen Boyette, Bates, Hillstrom, Lendrum, Erickson, Lang, Steele, Kunz, Stevenson. Mayor Kaufert was excused. Also Present: City Attorney Godlewski, City Clerk Sturn, Director of Finance Easker, Asst. Comptroller Kahl and Carla Gogin and Jodi Dobson, CPA / Partners of Baker Tilly, Krause, LLP. Council President Stevenson called the meeting to order at 6:00 p.m Comprehensive Annual Financial Report (CAFR) Carla Gogin gave a brief presentation on the 2017 Comprehensive Annual Financial Report (CAFR), Communication to Those Charged with Governance and Management and the Report to the City Council for the year ending December 31, The City of Neenah once again has a clean opinion or unmodified opinion, which is important for its bond rating. She focused on the Report to the City Council which highlights the 2017 Financial Statements and answered questions from the Council. Jodi Dobson highlighted the Water Utility, Sewer Utility and Storm Water Utility financial statements (p ) indicating all three are in strong positions. She answered questions from the Council. MSC Erickson/Lendrum to refer the Management Letter to the Finance & Personnel Committee and accept the 2017 Comprehensive Annual Financial Report (CAFR), Communication to Those Charged with Governance & Management and Report to the City Council and place them on file, all voting aye. Adjournment MSC Bates/Kunz to adjourn at 6:57 p.m., all voting aye. Patricia A. Sturn, WCPC/MMC

5 Proceedings of the Common Council of the City of Neenah Wednesday, July 18, :00 p.m. The Common Council of the City of Neenah, Winnebago County, Wisconsin, met in regular session at 7:00 p.m., July 18, 2018 in the Council Chambers of Neenah City Hall. Council President Stevenson in the chair. Present: Aldermen Boyette, Bates, Hillstrom, Lendrum, Erickson, Lang, Steele, Kunz & Stevenson, Director of Finance Easker, Director of Community Development & Assessment Haese, Director of Public Works Kaiser, City Attorney Godlewski and City Clerk Sturn. Mayor Kaufert was excused. Also Present: Assistant City Attorney Vanden Heuvel, Deputy Director of Community Development & Assessment Schmidt, Fire Chief Kloehn, Menasha Alderman Steve Krueger, Mark & Gretchen Diegel, James Martin, Mark & Christina Besaw, Christian & Jennifer Beck, Lori Chevalier, Elizabeth Severson, Alexa Cayce, Kenneth & Joann Blom, Monica Larabee, Harvey & Margaret Lorenz and Scott Rowe. Council President Stevenson called the meeting to order at 7:05 pm. Introduction and Confirmation of Mayor s Appointment(s) I. MSCRP Bates/Lendrum to confirm Mayor Kaufert s reappointment of Steve Gries, Ron Klatt and Monica Larabee (2 nd Alt) on the Landmarks Commission for a three-year term to expire July 2021, all voting aye. II. MSCRP Lendrum/Bates to confirm Mayor Kaufert s reappointment of Michelle Bauer on the Loan Assistance Board for a three-year term to expire June 2021, all voting aye. Proceedings I. MSCRP Lendrum/Bates to approve the Council Proceedings of the regular meeting of June 6, 2018, all voting aye. Consent Agenda I. MSCRP Lendrum/Kunz to approve the Consent Agenda as follows: A. Approve Beverage Operator License Applications for: Natalie A. Koerner and James L. Perri. (PSSC) B. Approve a one-time Temporary Extension of Retail Class B Premise for the Fire Lite, Inc., for July 14, (PSSC) C. Approve a Temporary Class "B" beer license to Future Neenah, Inc., 135 W. Wisconsin Avenue, for the 5 Miler Concert event to be held on July 21, (PSSC) D. Approve a Temporary Class "B" beer license to the Outagamie County Tavern League for the Gord s Street Dance event to be held on August 25, (PSSC)

6 Council Proceedings July 18, 2018 Page 2 of 3 E. Approve a Temporary Class "B" beer license to the Fox Valley Area Labor Council for the Labor Day Celebration event to be held on September 3, (PSSC) F. All voting aye. Public Services and Safety Committee I. Chairman Bates reported the special meeting of July 18, 2018: A. Committee recommends Council award the ADA Facilities Audit to MSA Consulting, Madison, WI, for the contract amount of $31, to be funded with the DOLAS budget. MSCRP Bates/Hillstrom, all voting aye. II. Chairman Bates reported the regular meeting of July 10, 2018: A. Committee recommends Council accept the low bid of Rehrig Pacific Co. for the purchase of refuse and recycling carts in the amount of $1,037,640 with the overage of $57,640 to be covered by the funds available from the collection truck purchase. MSCRP Bates/Hillstrom, all voting aye, Ald. Steele voting nay. Finance & Personnel Committee I. Chairman Erickson reported the regular meeting of July 9, 2018: A. Committee recommends Council adopt Resolution Community Development Block Grant and authorization to enter into agreements for the activities, subject to approval by the U.S. Department of Housing and Urban Development. MSCRP Erickson/Kunz, all voting aye, Ald. Boyette abstained. B. Committee recommends Council adopt Resolution No Designating Nicolet National Bank as a Public Depository and Authorizing Withdrawal of County, City, Village, Town or School District Moneys. MSCRP Erickson/Steele, all voting aye. Plan Commission I. Council Rep. Lang reported the regular meeting of July 10, 2018: A. The motion to recommend the Master Plan Amendment Cottages at Woodside Green PDD (Ord ) with the condition that any land division of Outlot 2 into a separate buildable lot(s) must be reviewed by Plan Commission and all land division standards as noted in Chapter 25 of the Municipal Code must be met failed by a 3-4 vote. Ordinance No failed due to lack of a motion. Board of Public Works I. Vice Chairman Hillstrom reported the meeting of July 10, 2018: A. Council Action Items:

7 Council Proceedings July 18, 2018 Page 3 of 3 1. The Board recommends Council award Contract 5-18, Concrete Pavement and Sidewalk Repair to Fischer Ulman Construction in the amount of $267, MSCRP Hillstrom/Lendrum, all voting aye. A. The Walking Tour was held on June 12 th. They toured the district identifying problems. B. The Cut & Run event took place on June 23 rd. Hundreds of people attended as the Loop the Lake trail was initiated. C. There are a lot of summer activities going on in the BID, concert series, Out-to-Lunch and many more. Adjournment I. MSC Lendrum/Kunz to adjourn at 8:10 p.m., all voting aye. Patricia A. Sturn, WCPC/MMC City Clerk

8 COMMON COUNCIL MINUTES Wednesday, July 18, :00 p.m. The Common Council of the City of Neenah, Winnebago County, Wisconsin, met in regular session at 7:00 p.m., July 18, 2018 in the Council Chambers of Neenah City Hall. Council President Stevenson in the chair. Present: Aldermen Boyette, Bates, Hillstrom, Lendrum, Erickson, Lang, Steele, Kunz & Stevenson, Director of Finance Easker, Director of Community Development & Assessment Haese, Director of Public Works Kaiser, City Attorney Godlewski and City Clerk Sturn. Mayor Kaufert was excused. Also Present: Assistant City Attorney Vanden Heuvel, Deputy Director of Community Development & Assessment Schmidt, Fire Chief Kloehn, Menasha Alderman Steve Krueger, Mark & Gretchen Diegel, James Martin, Mark & Christina Besaw, Christian & Jennifer Beck, Lori Chevalier, Elizabeth Severson, Alexa Cayce, Kenneth & Joann Blom, Monica Larabee, Harvey & Margaret Lorenz and Scott Rowe. Council President Stevenson called the meeting to order at 7:05 pm. Clerk Sturn called a voice roll call as the Mayor/Aldermen recorded their attendance in the RollCall-Pro System followed by the Pledge of Allegiance. Presentation on Neenah-Menasha Fire Rescue Fishing Program I. Fire Chief Kloehn and Menasha Ald. Steve Krueger did a short presentation on the NM Fire Rescue Fishing Equipment Exchange Program. The program has been established in memory of Jake Peglow, son of firefighter Jim Peglow, who was an avid fisherman and hunter. Fire Station 32 located at 125 E. Columbian Avenue, Neenah and Fire Station No. 35 located at 430 First Street, Menasha will be drop off locations for anyone willing to donate new or used fishing equipment to be circulated in the program. The program allows any local Neenah or Menasha kid, up to the age of 16, the ability to have a fishing pole, bobbers, hooks and lures at no cost. Recognition of Air Force Achievement Medal I. Council President Stevenson recognized Joshua R. Diegel for the Air Force Achievement Medal he received. He read into the minutes, the wording from the plaque, Second Lieutenant Joshua R. Diegel distinguished himself by outstanding achievements as Student Support Officer, 381 st Training Support Squadron, 381 st Training Group, Vandenberg, Air Force Base, California. As Assistant Flight Commander, Lieutenant Diegel trained seven personnel, incorporated an innovative checklist system which reduced administrative errors by 95% and overhauled the network access process resulting in a 50% reduction in account creation time. Additionally, Lieutenant Diegel contributed to 54 student physical training sessions and aided in administering 570 mock Fitness Assessments for space and missile trainees. Furthermore, Lieutenant Diegel

9 Council Minutes July 18, 2018 Page 2 of 7 exemplified the whole person concept as the 30 th Space Wing Company Grade Officer Council Treasurer, an avid supporter of unit volunteer events and logistical support officer for the 2017 Air Education and Training Command Senior Leader Conference attended by 128 distinguished visitors. Finally, Lieutenant Diegel s performance and mentorship within the unit directly contributed to the training group s 2017 Air Education and Training Command Unit Effectiveness Inspection Highly Effective rating. The distinctive accomplishments of Lieutenant Diegel reflect credit upon himself and the United States Air Force. Council President Stevenson congratulated Lieutenant Diegel on his accomplishments. He thanked Joshua for his friendship and service. He also congratulated Mark & Gretchen Diegel for raising such a good kid. He thanked all those that have served and their families for supporting them. Introduction and Confirmation of Mayor s Appointment(s) I. MSCRP Bates/Lendrum to confirm Mayor Kaufert s reappointment of Steve Gries, Ron Klatt and Monica Larabee (2 nd Alt) on the Landmarks Commission for a three-year term to expire July 2021, all voting aye. A. City Clerk Sturn administered the oath to Monica Larabee. B. Council President Stevenson introduced Monica Larabee to say a few words. Steve Gries and Ron Klatt were unable to attend the meeting C. Monica Larabee advised she is happy to serve another term. II. MSCRP Lendrum/Bates to confirm Mayor Kaufert s reappointment of Michelle Bauer on the Loan Assistance Board for a three-year term to expire June 2021, all voting aye. Proceedings I. MSCRP Lendrum/Bates to approve the Council Proceedings of the regular meeting of June 6, 2018, all voting aye. Public Forum I. Margaret Lorenz, 1228 Dogwood Trail, spoke on behalf of her husband Harvey and her neighbors regarding the zoning issue later on the agenda. She indicated the bottom line is the Council approved 25 lots and the developer sold 25 lots. The fact that he sold two of those lots to existing property owners shouldn t mean he is allowed 25 houses. The zoning codes phrases it as additional salable lots. She asked the Council to stop changing the rules. The developer has indicated he is working with the City. She asked when the developer will work with the residents. When he first took over the properties in 2015 they asked for a meeting of the property owners. Three years have passed and no neighborhood meeting has ever been called. The DNR says this is not wetlands, they call Outlot 2 wet meadow basin. With bigger houses they need the natural rain garden more than ever. She recently learned of an issue regarding clogged sanitary sewers in both Phase I and Phase II of the Woodside Green Development as well in the nearby Town of Neenah neighborhood. This has been confirmed by staff at City Hall.

10 Council Minutes July 18, 2018 Page 3 of 7 Apparently either the sewerage pipes and/or the pump to move the sewerage is not large enough to handle the increased volume from all the new houses. Several residents have experienced sewerage backup in their basements. Adding another house and its sewerage volume at the farthest endpoint of the system will only increase those problems for all of us such that we can expect to see that item on future Council agendas. She is grateful for the time the Council / Plan Commission spent on this issue. She asked the Council to continue to honor their original commitment to this new type of development and the neighbors and animals that live here by agreeing with the Commission and denying the request for zoning. II. There being no further appearances, Council President Stevenson declared the public forum closed 7:27 pm. Mayor/Council Consideration of Public Forum Issues I. Ald. Bates questioned the clogged sewers in Woodside Greens Subdivision. A. Dir. Kaiser advised there is a metering manhole at the south end of the plat however he has not heard of any clogged sewer reports. He will send a note to his engineers to follow up. II. Ald. Lendrum advised that the developer indicated those lots are available for anyone to purchase. Consent Agenda I. MSCRP Lendrum/Kunz to approve the Consent Agenda as follows: A. Approve Beverage Operator License Applications for: Natalie A. Koerner and James L. Perri. (PSSC) B. Approve a one-time Temporary Extension of Retail Class B Premise for the Fire Lite, Inc., for July 14, (PSSC) C. Approve a Temporary Class "B" beer license to Future Neenah, Inc., 135 W. Wisconsin Avenue, for the 5 Miler Concert event to be held on July 21, (PSSC) D. Approve a Temporary Class "B" beer license to the Outagamie County Tavern League for the Gord s Street Dance event to be held on August 25, (PSSC) E. Approve a Temporary Class "B" beer license to the Fox Valley Area Labor Council for the Labor Day Celebration event to be held on September 3, (PSSC) F. All voting aye. Public Services and Safety Committee I. Chairman Bates reported the special meeting of July 18, 2018: A. Committee recommends Council award the ADA Facilities Audit to MSA Consulting, Madison, WI, for the contract amount of $31, to be

11 Council Minutes July 18, 2018 Page 4 of 7 funded with the DOLAS budget. MSCRP Bates/Hillstrom, all voting aye. II. Chairman Bates reported the regular meeting of July 10, 2018: A. Committee recommends Council accept the low bid of Rehrig Pacific Co. for the purchase of refuse and recycling carts in the amount of $1,037,640 with the overage of $57,640 to be covered by the funds available from the collection truck purchase. MS Bates/Hillstrom. 1. Ald. Kunz clarified that his is for three different sizes. He questioned the cost difference between the 30 gallon and 95 gallon cart. 2. Dir. Kaiser indicated the 30 gallon is $10 less than the 95 gallon. This bid gives us flexibility in the sizes. 3. Ald. Steele expressed concern over this being an on-going expense. She realizes these can are made to last a long time however people will take when they move. It does not make sense to her. 4. Ald. Bates clarified for Ald. Boyette that the first round of carts will be purchased by the City. After the initial purchase, a $5 cart fee per year will be charged. This will cover replacement costs. If in the interim a cart is lost or damaged, it the responsibility of the property owner. 5. Council President Stevenson commented that the units will be label with City of Neenah and be chipped. 6. Dir. Kaiser clarified for Ald. Erickson that the fee will be $5 for the recycling cart and $5 for the garbage cart for a total of $10 per year. 7. Ald. Kunz reminded that this is just accepting the low bid. The rest of these decisions will be made by the Council at a later time. 8. Ald. Steele added it is ridiculous for the City to use resources to track down these cans that go missing. 9. Ald. Lendrum asked everyone to be aware that this is a huge cost. The total with the trucks and the carts is $2.3 million. These trucks last 8 years. She advised recyclables will be picked up every other week. Her concern is over recent rumblings with China not accepting recyclables and the weakening recycling market and how that will work into the mix. She hopes this $2.3 million will help the City get more applications for sanitation workers. 10. Ald. Bates added that the City of Neenah allows our residents to drop extra items at the City Garage. Not all communities have this option. 11. Motion carried, by an 8-1 RollCall-Pro System vote, all voting aye, Ald. Steele voting nay. Finance & Personnel Committee I. Chairman Erickson reported the regular meeting of July 9, 2018: A. Committee recommends Council adopt Resolution Community Development Block Grant and authorization to enter into agreements for the activities, subject to approval by the U.S. Department of Housing and

12 Council Minutes July 18, 2018 Page 5 of 7 Urban Development. MSCRP Erickson/Kunz, all voting aye, Ald. Boyette abstained. B. Committee recommends Council adopt Resolution No Designating Nicolet National Bank as a Public Depository and Authorizing Withdrawal of County, City, Village, Town or School District Moneys. MSCRP Erickson/Steele, all voting aye. Plan Commission I. Council Rep. Lang reported the regular meeting of July 10, 2018: A. The motion to recommend the Master Plan Amendment Cottages at Woodside Green PDD (Ord ) with the condition that any land division of Outlot 2 into a separate buildable lot(s) must be reviewed by Plan Commission and all land division standards as noted in Chapter 25 of the Municipal Code must be met failed by a 3-4 vote. Ordinance No failed due to lack of a motion. Board of Public Works I. Vice Chairman Hillstrom reported the meeting of July 10, 2018: A. Information Only Items: 1. The Board approved Pay Request No. 8 for Contract PR01-17 the Fox River Loop the Lake Project in the amount of $172, to Pheifer Brothers Construction, Neenah. B. Council Action Items: 1. The Board recommends Council award Contract 5-18, Concrete Pavement and Sidewalk Repair to Fischer Ulman Construction in the amount of $267, MSCRP Hillstrom/Lendrum, all voting aye. Landmarks Commission I. Ald. Lang reported from the Landmarks Commission meeting of June 12, 2018: A. Check out the traffic control box wrap on the corner of W. Wisconsin Avenue / S. Commercial Street in front of Associated Bank. It was sponsored by the Landmarks Commission. The art was created by students at Neenah High School. The theme was city landmarks and people in Neenah s history. B. The second box wrap on the corner of S. Commercial / Cecil Street will be dedicated tomorrow night, unveiled on July 19 th. This box wrap has a police department theme. C. The Voyager Canoe tours sponsored by the Landmarks Commission two years ago in conjunction with the Pow Wow in Neenah are moving forward for the event this year on September 22 nd. Sustainable Neenah Committee

13 Council Minutes July 18, 2018 Page 6 of 7 I. Ald. Kunz reported from the Sustainable Neenah Committee meeting of June 25, 2018: A. The Committee handed out the refuse ordinance to be reviewed by the committee from the sustainability viewpoint. Bergstrom Mahler Museum I. Ald. Erickson report from the Bergstrom Mahler Museum: A. The Museum held its annual Arts Festival last Sunday. It was a very successful event. B. Anyone wishing to find out about camps, classes or exhibits at the Museum should visit the Bergstrom Mahler Museum website for more information. Community Development Authority (CDA) I. Dir. Haese reported from the Community Development Authority (CDA): A. The CDA is scheduled to meet on July 30 th. The agenda will be firmed up in the next week or so depending on how things happen in the next week or two. Reports on Neighborhood Groups I. Ald. Lang reported from the Business Improvement District Board (BID Board) meeting of June 19, 2018: A. Alex Noskowiak was appointed Vice-President of the BID Board. B. The Walking Tour was held on June 12 th. They toured the district identifying problems. C. The Cut & Run event took place on June 23 rd. Hundreds of people attended as the Loop the Lake trail was initiated. D. There are a lot of summer activities going on in the BID, concert series, Out-to-Lunch and many more. Library Board I. Ald. Erickson reported from the Library Board meeting of July 18, 2018: A. The Soar Summer Reading Program for youth currently has 2,222 signup up. It has exceeded last year s enrollment. B. The Library presented the movie The Raith last Friday night. Everyone watched the movie while enjoying popcorn and pizza. C. The Library was a host sight for free lunches throughout this year summer school classes. This is a grant program sponsored by the USDA. They served over 1,000 lunches from June 11 th -19 th. She thanked Ald. Lendrum for helping with this program. Neenah Arts Council I. Ald. Erickson reported from the Neenah Arts Council meeting of July 11, 2018:

14 Council Minutes July 18, 2018 Page 7 of 7 A. Tomorrow night, July 20 th is Bazaar After Dark which is a summer night market. The event will be held on S. Commercial Street between Wright Avenue and Alcott Drive from 5-10 pm. She encouraged everyone to attend. B. The Arts Council is in the process of planning their Neenah Paints the Town event. This event is a community painting event tentatively scheduled on September 21 st from 5-7 pm. They are looking at three venues throughout the city. They hope to have artists available at each venue to lead the painting. C. They are working with Michael Hopkins, an area writer, to lead the Snap Shots in Time Program to work with people with memory loss and capture memories they have in writing. New Business I. League of Wisconsin Municipalities 120 th Annual Conference Registration (Early Bird). To be held October 24 th 26 th at the Kalahari, Wisconsin Dells. Anyone interested in attending, complete the form, including hotel reservations and return to Clerk Sturn no later than August 1 st. Adjournment I. MSC Lendrum/Kunz to adjourn at 8:10 p.m., all voting aye. Patricia A. Sturn, WCPC/MMC City Clerk

15 CITY OF NEENAH NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that Public Hearings will be held by the City of Neenah to consider amending Section (15), (15), (13), (13), (9), (10), of the Neenah Zoning Code modifying the minimum shoreyard setback for principal structures or uses and accessory structure or uses. Proposed changes are available for inspection in the Community Development Dept., 211 Walnut St., Neenah or by calling The hearings will be held at the City Administration Building, 211 Walnut St., Neenah. Plan Commission Informal Hearing (Hauser Room) Tuesday, July 24, 2018 at 4:15 p.m. Council Formal Hearing (Council Chambers) Wednesday, August 1, 2018 at 7:00 p.m. Brad Schmidt Deputy Director of Community Development Neenah, Wisconsin Publish: July 20 & 23

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19 211 Walnut Street Neenah, WI AN ORDINANCE: By the Neenah Plan Commission Re: Repealing and Recreating Neenah Municipal Code Sections (15), (15), (13), (13), (9), (10), of the Zoning Code. ORDINANCE NO Introduced: July 24, 2018 Committee/Commission Action: RECOMMENDED FOR PASSAGE AN ORDINANCE The Common Council of the City of Neenah, Wisconsin, do ordain as follows: Section 1. That Neenah Municipal Code, Sections (15), (15), (13), (13), (9), (10), of the Zoning Code are hereby repealed in its entirety and is recreated to read as follows: Sec (15). Standards Minimum shoreyard setback, 50 feet for a principal dwelling or use and accessory structures or uses. Boathouses are excluded from the shoreyard setback requirements. Sec (15). Standards Minimum shoreyard setback, 50 feet for a principal dwelling or use and accessory structures or uses. Boathouses are excluded from the shoreyard setback requirements. Sec (13). Standards Minimum shoreyard setback, 50 feet for a principal dwelling or use and accessory structures or uses. Boathouses are excluded from the shoreyard setback requirements. Sec (13). Standards Minimum shoreyard setback, 50 feet for a principal dwelling or use and accessory structures or uses. Boathouses are excluded from the shoreyard setback requirements. Sec (9). Standards Minimum shoreyard setback, 50 feet for a principal structure or use and accessory structures or uses. Sec (10). Standards Minimum shoreyard setback, 50 feet for a principal structure or use and accessory structures or uses.

20 Section 2. Severability. In the event any section, subsection, clause, phrase or portion of this ordinance is for any reason held illegal, invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remainder of this ordinance. It is the legislative intent of the Common Council that this ordinance would have been adopted if such illegal provision had not been included or any illegal application had not been made. Section 3. Repeal and Effective Date. All ordinances or parts of ordinances and resolutions in conflict herewith are hereby repealed. This ordinance shall take effect from and after its passage and publication. Approved: Adopted: Published: Dean R. Kaufert, Mayor Attest: Patricia A. Sturn City Clerk

21 CITY OF NEENAH PUBLIC SERVICES AND SAFETY COMMITTEE MEETING MINUTES NON-RENEWAL HEARING Tuesday, July 24, :22 PM Hauser Room - City Administration Building Present: Chairman Bates, Aldermen Hillstrom, Lang, Lendrum, and Stevenson Also Present: City Attorney Godlewski, Captain Gonzalez, Alderman Kathie Boyette and Deputy Clerk Goffard. Rebecca I. Sauer was absent. Operator License Nonrenewal Hearing pursuant to Wis. Stat. sec (3) for Rebecca I. Sauer based on complaint by Neenah Police Department: Motion/Second/Carried Stevenson / Lendrum to convene into Closed Session at 7:22 p.m. in the Council Chambers, pursuant to Wis. Stat. sec (1)(a) for the purpose of deliberating regarding the Operator's License Nonrenewal hearing for Rebecca I. Sauer. All voting aye. Motion/Second/Carried Stevenson / Hillstrom to reconvene into Open Session at 7:29 p.m. to announce result of deliberations on the Operator's License Nonrenewal hearing for Rebecca I. Sauer. All voting aye. Motion/Second/Carried Stevenson / Hillstrom to recommend Council approve the Findings of Fact and Conclusions of Law and uphold the beverage operator nonrenewal for Rebecca I. Sauer. All voting aye. Motion/Second/Carried Stevenson / Lang to reconvene into the Regular Public Services and Safety Meeting at 7:29 p.m. All voting aye. Respectfully submitted, Laurie Goffard Deputy Clerk

22 CITY OF NEENAH PUBLIC SERVICES AND SAFETY COMMITTEE MEETING MINUTES Tuesday, July 24, :30 PM Hauser Room - City Administration Building Present: Aldermen Bates, Hillstrom, Lange, Lendrum and Stevenson Also Present: City Attorney Godlewski, Police Captain Gonzalez, Engineer Merten, Deputy Clerk Goffard, Ashley Booth and Brittany Johnson (Double Tree by Hilton) Minutes: Motion/Second/Carried Stevenson / Hillstrom to approve the minutes of the July 10, 2018, Special Meeting, July 10, 2018, Regular Meeting and July 18, 2018, Special Meeting. All voting aye. Public Appearances: None. Discussion of Ordinance to Allow Temporary Extension of Retail Class B Premise and a Fee Resolution to Incorporate Required Fee: Following discussion, the Committee wants to compare what the City of Neenah has for licenses before making a motion. Want to stay consistent on how these applications are processed. Ald. Hillstrom wanted the hours of operation reduced to 10:00 p.m. like the beer gardens are restricted. Many departments are involved in this approval process and need to be coordinated more. Fencing for the event should be discussed further. The Department of Revenue recommended being consistent by having an ordinance in place. Businesses could apply for up three extensions per year. Need to come up with more information on the city s cost for conducting these events. The noise level, fencing, times of event and a security person at the entrance should be included in the ordinance. Motion / Second / Carried Stevenson / Hillstrom to amend the agenda to move up the Double Tree by Hilton for a one-time Temporary Extension of Retail Class B Premise for North American Hotel Group, LLC, d/b/a Double Tree by Hilton. All voting aye. Temporary Extension of Class B Premise - Double Tree by Hilton: Committee reviewed the request for a temporary extension of a Retail Class B premise license for the Double Tree by Hilton for a one day event on August 8, Ashley Booth and Brittany Johnson appeared from Double Tree by Hilton. They stated that they are hosting an event sponsored by Plexus for an engineer summit. There will be a 20 x 30 tent set up with tickets and wristbands being offered for beer, etc. Snow fencing will be added to section the area off. The event will from 5:00 to 8:00 p.m. when Shattuck Park has a concert so there will be no issue with the noise level. C.A. Following discussion, Motion/Second/Carried Stevenson / Hillstrom to recommend Council approve a one-time Temporary Extension of Retail Class B Premise for North American Hotel Group, LLC, d/b/a Double Tree by Hilton, for August 8, 2018 from 5:00 to 8:00 p.m. All voting aye.

23 Public Services and Safety Committee Meeting July 24, 2018 Page 2 Motion/Second/Carried Stevenson / Lendrum to convene into Closed Session at 7:22 p.m. in the Council Chambers, pursuant to Wis. Stat. sec (1)(a) for the purpose of deliberating regarding the Operator's License Nonrenewal hearing for Rebecca I. Sauer. All voting aye. Motion/Second/Carried Stevenson / Lang to reconvene into the Regular Public Services and Safety Meeting at 7:29 p.m. All voting aye. Appointment of 2 Committee Members to Liquor Licensing Review Subcommittee: The members which have been added to this Committee are Police Chief Olson, Fire Chief Kloehn, City Attorney Godlewski, Director Haese, Clerk Sturn, Council President Stevenson and Chairman Bates. Motion/Second/Carried Stevenson / Lendrum to appoint Council President Stevenson and Chairman Bates to the Liquor Licensing Review Subcommittee for a one-year term. All voting aye. Ord : Penalty for Animal Causing Damage or Injury: Assistant City Attorney Vanden Heuvel reviewed Ordinance creating a monetary penalty for owners of animals that case damage or injury to persons or property. Dog bite cases in Neenah have increased. Surrounding areas are having the same issues. A citation would be issued and if it is not paid a warrant will be issued for surrounding counties. This would be enforced by Municipal Court. No money would come back to the victim. If there are other bills incurred from the incident that would have to be filed in Small Claims Court. Dogs should be licenses for public health safety. If there are continual dog bites the animal would have to be euthanized. (Note: Due to ordinance number assignment mix-up, the correct ordinance number is ) ORD. Following discussion, Motion/Second/Carried Hillstrom / Lendrum to recommend Council approve Ordinance Penalty for Animal Causing Damage or Injury. All voting aye. E. Columbian Avenue Bus Loading Zone Request: Engineer Merten reviewed his July 19, 2018, memo. The Neenah Joint School District is requesting to reserve the south side of E. Columbian Avenue as a bus loading zone for Washington School. This would allow school bus traffic to be separated from the parent drop-off/pick up area, which is currently a safety concern for the District. Washington School did not want the bus loading on Franklin Avenue since parents are parking across the street from school which creates a safety hazard. Parents have been notified to not park in that area. At this time the schools do not want to spend more money than necessary since there is a Neenah Joint School District study being done to determine if new schools will be built, etc. Motion/Second Stevenson / Lendrum to direct staff to conduct more research on this issue before passing an ordinance. There is a safety concern with the bus loading on Columbian Avenue. They would like to invite someone from the Neenah Joint School District to the meeting to discuss further. All voting aye.

24 Public Services and Safety Committee Meeting July 24, 2018 Page 3 Street Use Permit - Gord s Street Dance - Request for Approval: Committee reviewed the Street Use Permit for Gord s Street Dance to be held on August 25, Discussion on what year the fencing was no longer at the event. Public Works staff is responsible for setting up and taking down barricades for Street Use Permits which is a cost to taxpayers. C.A. Following discussion, Motion/Second/Carried Stevenson / Lendrum to recommend the Chairman of the Public Services and Safety Committee sign and the Council approve the Street Use Permit for Gord s Street Dance sponsored by Outagamie County Tavern League, Paula Pitsch, 210 Main Street, to be held on August 25, 2018 with the contingency that Gord s Pub submit a map with more detail for this event and that the event ends at 10:00 p.m. All voting aye. Street Use Permit - Furry Flurry Walk for Pets - Informational: Committee reviewed the Street Use Permit request for the Furry Flurry Walk for Pets to be held on August 18, 2018, at Riverside Park. Licenses: Beverage Operator License Applications: The Committee reviewed the beverage operator license applications for Kendrick C. Bruneel, Alicia L. Cameron, Elizabeth C. Darkow, Debra L. DeRoche, Michelle L. Flowers, Donald J. Gullickson, Corrie A. Kordus, Stephanie E. Mader, Jason A. Meyer, Justine N. Moderson, Chelsea A. Niemuth, Jackie R. Paulson, Alexander J. Prince, Alondra E. Sanchez, Cheryl A. Sturgis, Tammy M. Winton, Ryan R. Zenisek and Lisa A. Zolkowski. C.A. Following discussion, Motion/Second/Carried Stevenson / Hillstrom to recommend Council approve beverage operator license applications for Kendrick C. Bruneel, Alicia L. Cameron, Elizabeth C. Darkow, Debra L. DeRoche, Michelle L. Flowers, Donald J. Gullickson, Corrie A. Kordus, Stephanie E. Mader, Jason A. Meyer, Justine N. Moderson, Chelsea A. Niemuth, Jackie R. Paulson, Alexander J. Prince, Alondra E. Sanchez, Cheryl A. Sturgis, Tammy M. Winton, Ryan R. Zenisek and Lisa A. Zolkowski. All voting aye. Beverage Operator License Application (New) - Delinquent Fee: The Committee reviewed the beverage operator license application for Samantha I. Hill. C.A. Following discussion, Motion/Second/Carried Stevenson / Hillstrom to recommend Council approve the beverage operator license application (new) for Samantha I. Hill contingent upon payment of all delinquent City fees. All voting aye. Beverage Operator License Application (Renewal) - Delinquent Fee: The Committee reviewed the beverage operator license application for Polly S. Lund. C.A. Following discussion, Motion/Second/Carried Stevenson / Hillstrom to recommend Council approve the beverage operator license application (renewal) for Polly S. Lund contingent upon payment of all delinquent City fees. All voting aye.

25 Public Services and Safety Committee Meeting July 24, 2018 Page 4 Beverage Operator License Application (Renewal) - Delinquent Fee: The Committee reviewed the beverage operator license application for Steven J. Schilly. C.A. Following discussion, Motion/Second/Carried Stevenson / Hillstrom to recommend Council approve the beverage operator license application (renewal) for Steven J. Schilly contingent upon payment of all delinquent City fees. All voting aye. Public Works General Construction and Department Activity: 1. Contract 8-17 (Commerce Court Pond) Landscaping work has started. 2. Contract 1-18 (Andrew, Richard, Geiger, Whiting) The contractor has completed all utility work. The sanitary sewer sags have been repaired and follow-up sewer televising has been done. Street excavation has been done on Whiting Court and Geiger Street and is being completed on Richard and Andrew. Some undercutting was needed on both Richard and Andrew. Concrete work is starting. 3. Contract 2-18 (Cecil, Adams) Water main and sanitary sewer main installation is complete on Adams Street. Services are installed for about one-half of the properties. Storm sewer installation will follow. Sanitary sewer installation has started on Cecil Street. 4. Contract 3-18 (Nature Trails/Eaglecrest) The contractor has divided the work into three phases. Phase 1 is Kingswood, Remington Rd, Paintbrush, Shootingstar, and Lone Oak. Phase 2 is Whispering Pines, Pondview and the west piece of Nature Trail. Phase 3 is Remington Ct and the east piece of Nature Trail. a. Phase 1: The Eaglecrest streets are complete. Lone Oak sidewalk, driveways and landscaping are complete. Paving is scheduled for the week of July 23. b. Phase 2: Curb/gutter, sidewalk and driveway installation are complete. Roadway fine-grading are scheduled for the week of July 23. c. Phase 3: Construction is scheduled to start the week of July Contract 4-18 (Epoxy Pavement Marking) Work is about 80% complete. The remaining work in the contract is awaiting completion of pavement maintenance treatments on Harrison Street. 6. Contract 5-18 (Misc. Concrete Sidewalk/Pavement Repair) Contract has been awarded. A schedule has not been set. 7. Contract 6-18 (Concrete Sidewalk Construction CDBG Funded) Bids were opened on July 10. Staff is not yet prepared to make an award recommendation. 8. Bus Transfer Station Staff teleconferenced with the consultant conducting a study of Valley Transit s operations to discuss a variety of bus service issues. One of the issues that we discussed was the use and location of the downtown transfer station. The consultant expects recommendations to come forward in fall of this year. 9. Staff has met with the cart vendor to develop the survey card and the address list of collection customers. Announcements/Future Agenda Items: Re-evaluate the city s cost recovery for processing of Street Use Permits.

26 Public Services and Safety Committee Meeting July 24, 2018 Page 5 Motion/Second/Carried Hillstrom / Stevenson to adjourn at 8:47 p.m. All voting aye. Respectfully submitted, Laurie Goffard Deputy City Clerk

27 211 Walnut Street Neenah, WI AN ORDINANCE: By Public Services & Safety Committee Re: Creating Neenah Code 3-32 Providing for a Penalty For Animals Causing Damage or Injury ORDINANCE NO Introduced: July 18, 2018 Committee/Commission Action: RECOMMENDED FOR PASSAGE AN ORDINANCE The Common Council of the City of Neenah, Wisconsin, do ordain as follows: Section 1. Section 3-32 of the Code of Ordinances of the City of Neenah is created to read as follows: 3-32 Penalty For Animal Causing Damage Or Injury (a) Statement of purpose. Animals that cause damage to property or injure people pose a threat to the health, safety, and welfare of residents and visitors to the City of Neenah, and owner s need to be held accountable for their animals actions. (b) Without Notice. The owner of an animal shall forfeit not less than $50 nor more than $100 if the animal causes injury to any person, livestock, or property. (c) After Notice. The owner of an animal shall forfeit not less than $100 nor more than $500 if the animal injures or causes injury to any person, livestock, or property, if the owner was notified, knew, or should have known that the animal previously injured or caused injury to a person, livestock, or property. (d) Penalties in addition to liability for damages. The penalties in this section are in addition to any other liability imposed on the owner of an animal. Section 2. Severability. In the event any section, subsection, clause, phrase or portion of this ordinance is for any reason held illegal, invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the

28 remainder of this ordinance. It is the legislative intent of the Common Council that this ordinance would have been adopted if such illegal provision had not been included or any illegal application had not been made. Section 3. Repeal and Effective Date. All ordinances or parts of ordinances and resolutions in conflict herewith are hereby repealed. This ordinance shall take effect from and after its passage and publication. Approved: Moved by: Adopted: Approved: Dean R. Kaufert, Mayor Attest: Published: Patricia A. Sturn, City Clerk THIS INSTRUMENT WAS DRAFTED BY: Assistant City Attorney Adam James VandenHeuvel 211 Walnut Street Neenah, WI State Bar No

29 Minutes of the Board of Public Works Meeting Tuesday, July 24, :00 a.m. Hauser Room MEMBERS PRESENT: City Attorney Godlewski, Director of Finance Easker, Director of Community Development & Assessment Haese, Aldermen Bates and Hillstrom. Mayor Kaufert and Director of Public Works Kaiser were excused. ALSO PRESENT: Clerk Sturn, Director of Parks & Recreation Kading and Civil Engineer Jason Eckhart. Vice Chairman Hillstrom called the meeting to order at 11:03 a.m. MINUTES: MSC Haese/Bates to approve the minutes from the July 10, 2018 Board of Public Works meeting, all voting aye. APPEARANCES: None. UNFINISHED BUSINESS: None. NEW BUSINESS: Public Works: Pay Estimate No. 4 for Contract 1-18: Engineer Eckhart requested approval of Pay Estimate No. 4 for Contract 1-18 Miscellaneous Sewer and Water Main Construction and Street Construction on Andrew Avenue, Richard Avenue, Geiger Street and Whiting Court to David Tenor Corporation, Green Bay in the amount of $142, They are pouring concrete and could be done in 2-3 weeks in time for school to start. MSC Haese/Easker to approve Pay Estimate No. 4 for Contract 1-18 Miscellaneous Sewer and Water Main Construction and Street Construction on Andrew Avenue, Richard Avenue, Geiger Street and Whiting Court to David Tenor Corporation, Green Bay for $142,486.10, all voting aye. Pay Estimate No. 1 for Contract 2-18: Engineer Eckhart requested approval of Pay Estimate No. 1 for Contract 2-18 Miscellaneous Sewer and Water Main Construction and Street Construction on Cecil Street and Adams Street to David Tenor Corporation, Green Bay in the amount of $202, They are doing the laterals on Adams Street which is the last phase. Cecil Street was just started a week ago. MSC Bates/Godlewski to approve Pay Estimate No. 1 for Contract 2-18 Miscellaneous Sewer and Water Main Construction and Street Construction on Cecil Street and Adams Street to David Tenor Corporation, Green Bay in the amount of $202,985.31, all voting aye. Pay Estimate No. 3 for Contract 3-18: Engineer Eckhart requested approval of Pay Estimate No. 3 for Contract 3-18 Nature Trail Subdivision Street Construction to MCC, Inc., Appleton in the amount of $185, Work is going good, on time and under budget. The last phase, Nature Trail / Remington will start next week. MSC Bates/Easker to approve Pay Estimate No. 3 for Contract 3-18 Nature Trail Subdivision Street Construction to MCC, Inc., Appleton in the amount of $185,907.48, all voting aye.

30 Board of Public Works Minutes July 24, 2018 Page 2 of 3 Parks & Recreation: Final Payment Release of Retainage for Contract PR17-02 Washington Park Improvements: Dir. Kading requested approval of the Final Payment for Contract PR17-01 Washington Park Improvements to R&R Wash Materials, Inc., Ripon in the amount of $5,000. Dir. Kading responded to the concern that the numbers on the cover sheet for this payment do not add up indicating he will send the correct numbers to the Board for review. MSC Haese/Easker to approve the Final Payment for Contract PR17-01 Washington Park Improvements to R&R Wash Materials, Inc., Ripon in the amount of $5,000, all voting aye. There was some discussion on whether or not this is a final payment or just the release of retainage. See notes below researched after the meeting. After the meeting it was determined that the motion at the December 12, 2017 Board of Public Works meeting gave Dir. Kading the authority to release the retainage at his discretion, once the ice rink issues were resolved, therefore there is no need for Board / Council approval. This motion will not be reported to Council. The following motion was made at the September 26, 2017 Board of Public Works meeting: MSC Bates/Easker to direct City Atty. Godlewski to develop a policy to reflect Board of Public Works approval of final payments with retainage be recommended to Council as a final payment giving the department head discretion to release retainage once the criteria for holding the retainage is met, all voting aye. The following motion was made at the December 12, 2017 Board of Public Works meeting: MSC Kaiser/Hillstrom to recommend Council approve the final payment for Contract PR17-02 Washington Park Improvements Phase I to R&R Wash Materials, Ripon, for $36,070.33, holding $5,000 retainage until the ice rink issues are resolved, all voting aye. The following motion was made at the December 20, 2017 Council meeting: The Board recommends Council approve the final payment for Contract PR17-02 Washington Park Improvements Phase I to R&R Wash Materials, Ripon, for $36,070.33, holding $5,000 retainage until the ice rink issues are resolved. MSCRP Hillstrom/Bates all voting aye. Change Order #6 for Contract PR01-17 the Fox River Loop the Lake Project: Dir. Kading recommended approval of Change Order #6 for Contract PR01-17 the Fox River Loop the Lake Project in the amount of $11, to Pheifer Brothers Construction, Neenah. This change order was developed to include all increases in costs associated with changes made on the north and south side of the bridge and miscellaneous changes made as the project was completed. This is the final change order for the project. The final payment will come before the Board in September. They have not secured an art donation for the