City of Neenah COMMON COUNCIL AGENDA (1) Wednesday, June 21, :00 p.m. Neenah City Hall Council Chambers

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1 I. Roll Call and Pledge of Allegiance. AMENDED Attachment 4.1 added City of Neenah COMMON COUNCIL AGENDA (1) Wednesday, June 21, :00 p.m. Neenah City Hall Council Chambers INTRODUCTION AND PRESENTATION OF CITATION OF RECOGNITION TO LITTLE MISS WISCONSIN PRINCESS MACKENZIE CONNER MAYOR KAUFERT PRESENTATION DESIGNATING THE MONTH OF JULY PARK AND RECREATION MONTH II. III. IV. Introduction and Confirmation of Mayor s Appointment(s). (None) Approval of Council Proceedings of June 7, 2017 regular session. (Proceedings and Minutes can be found on the City web site) (2 & 3) (RollCall-Pro) Public Hearing. A. Consider an amendment to Chapter 26 of the Municipal Code of the City of Neenah, Zoning, related to Tourist Housing regulations. (Continued from the June 7, 2017 Council meeting) V. Plan Commission report pertaining to the public hearing. A. The Commission recommends Council approve Tourist Housing Ordinance with the following changes: 1. Add the word partially to the definition of Tourist Housing in Section 1 2. Correct the grammar mistake in standard number Change the appeal process to Public Service & Safety Committee instead of Council. (RollCall-Pro) (4) Attachment 4.1 Atty. Memo 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 Beverage Operator license for: Samuel L. Arendt, Drew E. Bendixen, Judy A. Bergman, Rita E. Bock, Joseph B. Bowers, Rebecca M. Bucholtz, Halie M. Callaway, Amber M. Evers, Regennia D. Facen, Briana R. Fink, Nicole C. Gambsky, Amanda Honzik, Julie A. Kosmerchock, Peter R. Kulibert, David J. Lang, Christine R. Miller, Caitlyn E. Paul, Thomas L. Perovich, Donna K. Puckett- Morris, Tatianna J. Saunders, Robert G. Simon, Adam C. Smith, Katharine E. Steinberg, Zach A. Wasinger, Thomas C. Weis, Lois B. Werres and Andrew P. White. (PSSC)

2 Council Agenda June 21, 2017 Page 2 of 3 B. Approve the original application for a Retail Class B Malt & Liquor License for Rumars, LLC, d/b/a The Dome Bar & Grill, 1338 S. Commercial Street, Renee Kaufert, agent. (PSSC) C. Approve the renewal application for a Retail Class B Malt & Liquor License for Rumars, LLC, d/b/a The Dome Bar & Grill, 1338 S. Commercial Street, Renee Kaufert, agent. (PSSC) D. Approve the beverage operator license application (renewal) for Amber M. Evers contingent upon payment of a delinquent utility bill of $ and any other outstanding City fees. (PSSC) E. Approve the new Beverage Operator license for Emily N. Hartzheim contingent on payment of a delinquent water bill in the amount of $ and any other outstanding City fees. (PSSC) F. Approve the Beverage Operator license renewal for Nathan I. Jole contingent on payment of a delinquent water bill in the amount of $ and any other outstanding City fees. (PSSC) G. Approve the new Beverage Operator license for Samantha L. Piette contingent on payment of a delinquent water bill in the amount of $ and any other outstanding City fees. (PSSC) H. Approve Beverage Operator license renewal for Charley W. Pitzrick contingent on payment of a delinquent water bill in the amount of $ and any other outstanding City fees. (PSSC) I. Approve Beverage Operator license renewal for Kayla J. Rassmussen contingent on payment of a delinquent water bill in the amount of $ and any other outstanding City fees. (PSSC) J. (RollCall-Pro) IX. Reports of standing committees and consideration thereof. A. Regular Public Services and Safety Committee meeting of June 13, 2017: (Chairman Bates) (Minutes can be found on the City web site) (5) 1. Committee recommends Council adopt Ordinance , excluding ADA service animals from limitations on keeping of pet animals. (RollCall-Pro) (6) 2. Committee recommends Council approve the Amendment for Construction Administration Services for Washington Park Phase I and Alternative I improvements with Ayres and Associates in an amount not to exceed $18,000 contingent upon approval of the Park and Recreation Commission at their regular June 15, 2017, meeting. (RollCall-Pro) 3. Committee recommends Council approve purchase of a 2018 tandem axle chassis and equipment package from Quality Truck Care Center for $211,243. (RollCall-Pro) B. Regular Finance and Personnel Committee meeting of June 12, 2017: (Chairman Pollnow) (Minutes can be found on the City web site) (7) 1. Committee recommends Council proceed with the acquisition of 206 Martens Street at the agreed upon price of $70,200. (RollCall-Pro) X. Reports of special committees and liaisons and various special projects committees and consideration thereof. F:\OPENRECD\_CLERK-Council\Agendas\2017\Agenda docx

3 Council Agenda June 21, 2017 Page 3 of 3 A. Regular Plan Commission meeting of June 13, 2017: (Council Rep Lang) (Minutes can be found on the City web site) No Report (8) 1. The Commission recommends Council approve Tourist Housing Ordinance with the following changes: a. Add the word partially to the definition of Tourist Housing Section 1 b. Correct the grammar mistake in standard number 10. c. Change the appeal process to Public Service & Safety Committee instead of Council. (RollCall-Pro) (6.1) XI. B. Board of Public Works meeting of June 13, 2017: (Vice Chairman Hillstrom) (Minutes can be found on the City web site) (9) 1. Information Only Items: a. The Board approved Pay Estimate No. 3 for Contract 1-17 for Miscellaneous Sewer and Water Main Construction and Street Construction on Cecil Street and Higgins Avenue to De Groot, Inc., Green Bay for $326, b. The Board approved Pay Estimate No. 2 for Contract 2-17 for Miscellaneous Sewer and Water Main Construction and Street Construction on Cleveland Street, Edward Street and Helen Street to Don E. Parker Excavating, Inc., Hortonville for $217, C. Community Development Authority Update 1. Update from the CDA Chris Haese D. Sustainable Neenah Committee 1. Report from the Sustainable Neenah Committee Ald. Kunz E. Library Board 1. Report from the Library Board Ald. Erickson Presentation of petitions. A. Any other petition received by the City Clerk s Office after distribution of the agenda. XII. Council Directives. (10) XIII. XIV. II. Unfinished Business. New Business. A. Mayor Kaufert s appointment to fill the expired terms of Duane Helwig and Jack Speech on the Landmarks Commission new terms expire July (To be considered at the July 19, 2017 Council meeting) B. Reminder unless some urgent business would present itself, the July 5, 2017 Council meeting will be cancelled. C. Any announcements/questions that may legally come before the Council. Adjournment. Neenah City Hall is accessible to the physically disadvantaged. If special accommodations are needed please contact the Neenah City Clerk s Office at at least 24 hours in advance of the meeting. F:\OPENRECD\_CLERK-Council\Agendas\2017\Agenda docx

4 Proceedings of the Common Council of the City of Neenah Wednesday, June 7, :00 p.m. The Common Council of the City of Neenah, Winnebago County, Wisconsin, met in regular session at 7:00 p.m., June 7, 2017 in the Council Chambers of Neenah City Hall. Mayor Kaufert in the chair. Present: Aldermen Boyette, Bates, Lendrum, Erickson, Lang, Pollnow, Kunz & Stevenson, Director of Finance Easker, Director of Community Development & Assessment Haese, Public Works Engineer Kummerow, City Attorney Godlewski and City Clerk Sturn. Alderman Hillstrom & Director of Public Works Kaiser were excused. Also Present: Police Chief Wilkinson, Police Captain Gonzales, Deputy Fire Chief Voss, Director of Parks & Recreation Kading, Mary Helen Casper, Bob & Karen Spence and Ron Klatt. Mayor Kaufert called the meeting to order at 7:00 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. Introduction and Confirmation of Mayor s Appointment(s) I. MSCRP Pollnow/Bates to confirm Mayor Kaufert s appointment of Robert Spence to fill the unexpired term of James Prosser on the Police Commission, term expires May 2019, all voting aye. II. MSCRP Pollnow/Stevenson to confirm Mayor Kaufert s reappointment of Mary Helen Casper to the Board of Review, term expires June 2022, all voting aye. Proceedings I. MSCRP Lendrum/Pollnow to approve the Council Proceedings of the regular meeting of May 17, 2017 and Committee of Whole minutes of May 17, 2017, all voting aye. Public Hearing I. Consider an amendment to Chapter 26 of the Municipal Code of the City of Neenah, Zoning, related to Tourist Housing regulations. A. There being no appearances, Mayor Kaufert declared the public hearing closed. Plan Commission Report Pertaining to the Public Hearing I. Ald. Lang reported the Plan Commission meeting of May 30, 2017:

5 Council Proceedings June 7, 2017 Page 2 of 4 A. The Commission sent Ordinance No relating to Tourism Housing Regulations back for staff to make suggested changes and bring the updated ordinance back to the next scheduled Plan Commission meeting. 1. Ald. Pollnow questioned the process. He does not remember a situation in the past where no action came out of committee relating to a public hearing. He asked if this means we will have another public hearing. 2. City Atty. Godlewski suggested the Council adjourn the public hearing to the next time when it is reported out from the Plan Commission which may be the next Council meeting. It was published as a public hearing tonight therefore had to be held. 3. Dir. Haese added that this is like we see with the comprehensive plan. This is a perfect opportunity for people to have provided input to help shape the final version of the plan. As you can see, the response we had tonight was pretty limited. They will have another opportunity next week at Plan Commission and the following week at Council. He indicated to Ald. Pollnow that he would be reluctant to do another publication just because of the cost but could post it on the internet. 4. Mayor Kaufert advised that there were people at the last Plan Commission meeting that were interested. Subsequent to that the Wisconsin Realtors Associations has asked to come in to talk about it. They may come to the next Plan Commission. He will have Joni post something. 5. Ald. Kunz expressed concern that the changes suggested in Plan Commission were not brought forward to this meeting. The original raw data is what was presented at this meeting. This seems to be a poor attempt to get this to the Council. 6. Mayor Kaufert advised that normal plan of action is to have the Plan Commission conduct a public hearing followed by a public hearing at Council. Both were already noticed therefore had to be held. At this point it will go back to Plan Commission. Consent Agenda I. Ald. Stevenson asked that the secondhand article dealer license application for EcoATM, LLC, Walmart, 1155 W. Winneconne Avenue, Hunter E. Bjorkman, owner be removed from the Consent Agenda. A. MSCRP Pollnow/Lendrum to approve the Consent Agenda as follows removing item 6: 1. Approve beverage operator licenses for: Jobeth S. Ahlborn, Ryan W. Batley, Deborah M. Bemowski, Alicia M. Biesterveld, Sophia A. Bradbury, Raymond J. DeRoche, Sherry L. Diehl, Todd J. Ellis, Margaret C. Hayes, Tsou Hsin-Sheng, Ebony M. Jones, Dwight N. Kerr, Garrette J. Kersten, Christine E. Krautkramer, Lionel D. Lloyd, Johnathon E. Maloney, Stephanie M. Mauthe, Larry L. Mcpeake, Jessica A. Moderson, Scott H. Nelson, Lixin Ni, Amber M. Ostorero, Harry J. Picardi, Amanda R. Rausch, Elizabeth A. Reissmann, Steven L. Rosencrans,

6 Council Proceedings June 7, 2017 Page 3 of 4 Meredith A. Rouse, Debby L. Schueler, Paul W. Schultz, Kathryn J. Seefeldt, Adam C. Seidl, Angela L. Steffensen, Lori A. Swarthout, Carisa M. Weyenberg, Ann M. Wied, Hope E. Willenbrink, Cari L. Yelvington, and Sarah J. Zeinert. (PSSC) 2. Approve the beverage operator license application (renewal) for Melissa L. Johnson contingent upon payment of a delinquent parking ticket of $20.00 and any other outstanding City fees. (PSSC) 3. Approve the beverage operator license application (new) for Teri A. Koepke contingent upon payment of a delinquent utility bill of $ and any other outstanding City fees. (PSSC) 4. Approve the beverage operator license application (new) for Brittany V. Reuss contingent upon payment of delinquent court fines of $ and any other outstanding City fees. (PSSC) 5. Approve the beverage operator license application (new) for Stevens J. Schilly contingent upon payment of a delinquent utility bill of $ and any other outstanding City fees. (PSSC) 6. Approve the secondhand article dealer license renewal for EcoATM, LLC, Wal Mart, 1155 W. Winneconne Avenue, Hunter E. Bjorkman, owner. (PSSC) 7. Approve the taxi cab license application for Kidz Kab, LLC, 3019 W. Spencer Street, Appleton. (PSSC) 8. All voting aye. Public Services and Safety Committee I. Chairman Bates reported the regular meeting of May 30, 2017: A. Committee recommends Council adopt Resolution No to authorize the appropriate staff to request Winnebago County transfer ownership of 1231 S. Commercial Street to the City; request the Wisconsin DNR waive their liens from the property; take the necessary steps to properly remove the structures and cap the site; and utilize Community Development Block Grant funds to do so with a not-to-exceed project amount of $75,000 without further Council approval. MS Bates/Lendrum. 1. MS Pollnow/Lendrum to amend the motion to change the word request to require the DNR waive the liens. 2. The motion to combine the first two bullet points and change the wording in the bullet points of Resolution No from request to contingent on the Wisconsin DNR waive their liens from the property carried by an 8-0 RollCall-Pro System vote, all voting aye. 3. The original motion carried, by an 8-0 RollCall-Pro System vote, all voting aye. B. Committee recommends Council adopt Resolution No Compliance Maintenance Annual Report for Sanitary Sewer. MSCRP Bates/Lendrum, all voting aye.

7 Council Proceedings June 7, 2017 Page 4 of 4 C. Committee recommends Council approve the secondhand article dealer license application for EcoATM, LLC, Walmart, 1155 W. Winneconne Avenue, Hunter E. Bjorkman, owner. MS Bates/Lendrum. 1. MS Stevenson/Bates to table action on the secondhand article dealer license application for EcoATM, LLC, Walmart, 1155 W. Winneconne Avenue, Hunter E. Bjorkman, owner. N-M Jt. Fire Commission I. Council President Stevenson reported the regular meeting of May 24, 2017: A. Committee recommends the City of Neenah and City of Menasha Common Councils approve the Regional Fire Department Hiring Process Agreement with Fox Valley Technical College. MSCRP Stevenson/Pollnow, all voting aye. N-M Fire Rescue Jt. Finance & Personnel Committee I. Vice Chairman Kunz reported the special meeting of June 1, 2017: A. Committee recommends to each common council the acceptance of the FEMA grant award of $283,468, requiring a minimum 10% local funding match, with the grant to assist in funding the replacement of the department s Self Contained Breathing Apparatus (SCBA) system at a total cost of $368,275, After the grant, the total net cost to the department of the SCBA system is $368,275 less $257,699, or $110,576 with the City of Neenah s share $65,561 and the City of Menasha s share $45,015 for the purpose of purchasing this in 2018 with funding to come from NMFR s 2018 CIP budget. MSCRP Kunz/Pollnow, all voting aye. Board of Public Works I. Vice Chairman Hillstrom reported the meeting of May 30, 2017: A. Council Action Items: 1. The Board recommends Council award Contract 5-17 for Cecil Street bridge repair to Sommers Construction from Shiocton, WI in the amount of $126, MSCRP Bates/Lendrum, all voting aye. 2. The Board recommends Council award Washington Park Phase 1 in the amount of $471,964, with Alternate 1 basketball courts (moved from year 2020 Phase 4) in the amount of $28,500 to R & R Wash Materials. MSCRP Bates/Kunz, all voting aye, Ald. Pollnow, Boyette and Lendrum voting nay. Adjournment I. MSC Pollnow/Stevenson to adjourn at 8:33 p.m., all voting aye. Patricia A. Sturn, WCPC/MMC City Clerk

8 COMMON COUNCIL MINUTES Wednesday, June 7, :00 p.m. The Common Council of the City of Neenah, Winnebago County, Wisconsin, met in regular session at 7:00 p.m., June 7, 2017 in the Council Chambers of Neenah City Hall. Mayor Kaufert in the chair. Present: Aldermen Boyette, Bates, Lendrum, Erickson, Lang, Pollnow, Kunz & Stevenson, Director of Finance Easker, Director of Community Development & Assessment Haese, Public Works Engineer Kummerow, City Attorney Godlewski and City Clerk Sturn. Alderman Hillstrom & Director of Public Works Kaiser were excused. Also Present: Police Chief Wilkinson, Police Captain Gonzales, Deputy Fire Chief Voss, Director of Parks & Recreation Kading, Mary Helen Casper, Bob & Karen Spence and Ron Klatt. Mayor Kaufert called the meeting to order at 7:00 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. Neenah Slough Name Change Presentation I. Mayor Kaufert introduced Ron Klatt who will give a short presentation on the Neenah Slough. A. Ron Klatt gave a brief history from the memories of Doty Island. James Doty never dreamed that it would be named after him. It was known as the Hunt Island back then. As early as 1855 a family by the name of P. & E. Hunt had agencies at points along the river from Green Bay to Neenah. The Hunt name has been around for a long time. From the early 1930s to the late 1940s Edward Hunt operated a filling station and cabins in the now Fox Point area. During that time, the Slough was called the Hunt River. His thinking is that now that Arrowhead Park is being developed, maybe it is time we take a look at the slough and rebrand it something people may be more likely to visit. He feels it may be time to rebrand the Slough. He has presented this to the Park & Rec Commission for their input and is willing to do a lot of the footwork. To rename a waterway is quite a process. 1. Ald. Lendrum thanked Mr. Klatt for his presentation. She reminded everyone of a Face Book page called, Friends of the Neenah, WI Slough. The picture show how truly beautiful the slough is. 2. Ald. Bates Mr. Klatt if he has found other places that have waterways called the slough. a) Mr. Klatt indicated he has not but will research the answer. Mayor Kaufert welcomed Public Works Engineer Kummerow who is filling in the Director Kaiser.

9 Council Minutes June 7, 2017 Page 2 of 10 Introduction and Confirmation of Mayor s Appointment(s) I. Mayor Kaufert introduced Robert Spence and recommended his appointment to the Police Commission, term expires May A. MSCRP Pollnow/Bates to confirm Mayor Kaufert s appointment of Robert Spence to fill the unexpired term of James Prosser on the Police Commission, term expires May 2019, all voting aye. B. Robert Spence introduced himself indicating he serves as general counsel, secretary and vice president of administration for Neenah Enterprises which is the parent company for the Neenah Foundry. He looks forward to serving on the Police Commission. His experience tells him that most people don t want to listen to lawyers going on about themselves so he indicated he is available to answer any questions the Council might have. II. III. IV. Mayor Kaufert introduced Mary Helen Casper his recommended appointee to the Board of Review. A. MSCRP Pollnow/Stevenson to confirm Mayor Kaufert s reappointment of Mary Helen Casper to the Board of Review, term expires June 2022, all voting aye. Mayor Kaufert welcomed Mary Helen and Robert indicating he appreciates their service to the community. City Clerk Sturn administered the oath to Mary Helen Casper and Robert Spence. Proceedings I. MSCRP Lendrum/Pollnow to approve the Council Proceedings of the regular meeting of May 17, 2017 and Committee of Whole minutes of May 17, 2017, all voting aye. Public Hearing I. Consider an amendment to Chapter 26 of the Municipal Code of the City of Neenah, Zoning, related to Tourist Housing regulations. A. There being no appearances, Mayor Kaufert declared the public hearing closed. Plan Commission Report Pertaining to the Public Hearing I. Ald. Lang reported the Plan Commission meeting of May 30, 2017: A. The Commission sent Ordinance No relating to Tourism Housing Regulations back for staff to make suggested changes and bring the updated ordinance back to the next scheduled Plan Commission meeting. 1. Ald. Pollnow questioned the process. He does not remember a situation in the past where no action came out of committee relating to a public hearing. He asked if this means we will have another public hearing.

10 Council Minutes June 7, 2017 Page 3 of 10 Consent Agenda 2. City Atty. Godlewski suggested the Council adjourn the public hearing to the next time when it is reported out from the Plan Commission which may be the next Council meeting. It was published as a public hearing tonight therefore had to be held. 3. Dir. Haese added that this is like we see with the comprehensive plan. This is a perfect opportunity for people to have provided input to help shape the final version of the plan. As you can see, the response we had tonight was pretty limited. They will have another opportunity next week at Plan Commission and the following week at Council. He indicated to Ald. Pollnow that he would be reluctant to do another publication just because of the cost but could post it on the internet. 4. Mayor Kaufert advised that there were people at the last Plan Commission meeting that were interested. Subsequent to that the Wisconsin Realtors Associations has asked to come in to talk about it. They may come to the next Plan Commission. He will have Joni post something. 5. Ald. Kunz expressed concern that the changes suggested in Plan Commission were not brought forward to this meeting. The original raw data is what was presented at this meeting. This seems to be a poor attempt to get this to the Council. 6. Mayor Kaufert advised that normal plan of action is to have the Plan Commission conduct a public hearing followed by a public hearing at Council. Both were already noticed therefore had to be held. At this point it will go back to Plan Commission. I. Ald. Stevenson asked that the secondhand article dealer license application for EcoATM, LLC, Walmart, 1155 W. Winneconne Avenue, Hunter E. Bjorkman, owner be removed from the Consent Agenda. A. MSCRP Pollnow/Lendrum to approve the Consent Agenda as follows removing item 6: 1. Approve beverage operator licenses for: Jobeth S. Ahlborn, Ryan W. Batley, Deborah M. Bemowski, Alicia M. Biesterveld, Sophia A. Bradbury, Raymond J. DeRoche, Sherry L. Diehl, Todd J. Ellis, Margaret C. Hayes, Tsou Hsin-Sheng, Ebony M. Jones, Dwight N. Kerr, Garrette J. Kersten, Christine E. Krautkramer, Lionel D. Lloyd, Johnathon E. Maloney, Stephanie M. Mauthe, Larry L. Mcpeake, Jessica A. Moderson, Scott H. Nelson, Lixin Ni, Amber M. Ostorero, Harry J. Picardi, Amanda R. Rausch, Elizabeth A. Reissmann, Steven L. Rosencrans, Meredith A. Rouse, Debby L. Schueler, Paul W. Schultz, Kathryn J. Seefeldt, Adam C. Seidl, Angela L. Steffensen, Lori A. Swarthout, Carisa M. Weyenberg, Ann M. Wied, Hope E. Willenbrink, Cari L. Yelvington, and Sarah J. Zeinert. (PSSC) 2. Approve the beverage operator license application (renewal) for Melissa L. Johnson contingent upon payment of a delinquent

11 Council Minutes June 7, 2017 Page 4 of 10 parking ticket of $20.00 and any other outstanding City fees. (PSSC) 3. Approve the beverage operator license application (new) for Teri A. Koepke contingent upon payment of a delinquent utility bill of $ and any other outstanding City fees. (PSSC) 4. Approve the beverage operator license application (new) for Brittany V. Reuss contingent upon payment of delinquent court fines of $ and any other outstanding City fees. (PSSC) 5. Approve the beverage operator license application (new) for Stevens J. Schilly contingent upon payment of a delinquent utility bill of $ and any other outstanding City fees. (PSSC) 6. Approve the secondhand article dealer license renewal for EcoATM, LLC, Wal Mart, 1155 W. Winneconne Avenue, Hunter E. Bjorkman, owner. (PSSC) 7. Approve the taxi cab license application for Kidz Kab, LLC, 3019 W. Spencer Street, Appleton. (PSSC) 8. All voting aye. Public Services and Safety Committee I. Chairman Bates reported the regular meeting of May 30, 2017: A. Committee recommends Council adopt Resolution No to authorize the appropriate staff to request Winnebago County transfer ownership of 1231 S. Commercial Street to the City; request the Wisconsin DNR waive their liens from the property; take the necessary steps to properly remove the structures and cap the site; and utilize Community Development Block Grant funds to do so with a not-to-exceed project amount of $75,000 without further Council approval. MS Bates/Lendrum. 1. Ald. Pollnow questioned if the City has been made whole for the property taxes. 2. Dir. Easker advised every year the County makes us whole on any unpaid real estate taxes. The unpaid taxes are the responsibility of Winnebago County and they are the ones that can take out a lien on the property. He concurred with Ald. Pollnow that the taxes are still owed to Winnebago County. 3. City Atty.Godlewski advised Ald. Pollnow that the heirs would not take title to the property and are not obligated to do so. It is an orphaned property at this point in time. The estate was a no asset estate. There were not funds to go after to pay the County taxpayers. We have no legal basis to go after the heirs. 4. Dir. Haese added that most properties have value. In a lot of cases the County will take back those properties to cover their losses. This property is unique because of the underlying environmental issues and obsolescence of the property. Due to its small size, it is not a viable commercial site. No one will acquire the property, not only because of the delinquent taxes going back to 2008 but also the $40,000 lien from the DNR. Winnebago County has been reluctant to taking the property

12 Council Minutes June 7, 2017 Page 5 of 10 back as they are leery of taking on any environmental liability. He, along with Mayor Kaufert, met with the County s legal counsel and their treasurer to express the City s concerns over this property just digging a deeper hold. They argued that if the County would transfer ownership to the City, waive the back taxes, the City may be able to get this property back on the tax roll and the property may once again become a viable property. 5. City Atty. Godlewski added that a provision in state law prohibits the County from collecting back taxes when transferring property to the City. Once we make the request to transfer the property to us it is done without compensation. The idea is to get orphaned properties back to a productive state. 6. Mayor Kaufert clarified that City Atty. Godlewski was also a part of the meeting with the County to ensure the legal aspect was covered. At that meeting Mayor Kaufert indicated he express concern and indicated the County needs to find a way to get these type of properties viable again. They also expressed an interest to the DNR regarding the $40,000 lien on the property. He indicated the bottom line for him is that the property is blighted. The neighbors should not have to put up with it. We are utilizing CDBG dollars, which are tax dollars. Those funds are allowed to be used for this purpose. 7. Dir. Haese clarified for Ald. Erickson that he anticipates this happening before the 4 th of July. Ultimately the responsibility for maintenance will belong to the City. 8. Ald. Stevenson expressed concern over this setting a model for others to do the same. He would like a better understanding of what is to prevent anyone else that has environmental concerns about their property to just stand back and let the County take their property. 9. Dir. Haese advised that if there is a viable causer, in this case it would have been the Shilobrits, the DNR will go after them and can go after their assets to get that site cleaned up. In other properties you may have the situation that even though there are underlying environmental issues or concerns it may still be a viable property. This one does not. 10. Ald. Pollnow indicated is supports taking this down as it is a nuisance to the community. However his concern is over the wording request the DNR waive the liens. 11. MS Pollnow/Lendrum to amend the motion to change the word request to require the DNR waive the liens. 12. Ald. Pollnow explained that his intent is to send a message to the DNR. 13. City Atty. Godlewski advised that we cannot require the DNR to waive the liens. 14. Ald. Bates suggested changing the wording to contingent on the DNR waiving the liens. 15. City Atty. Godlewski concurred indicating the Council could simply combine the first two bullet points and change the wording to contingent on the DNR waiving the liens. 16. Ald. Pollnow and Ald. Lendrum were okay with changing their amendment to contingent on.

13 Council Minutes June 7, 2017 Page 6 of The motion to combine the first two bullet points and change the wording in the bullet points of Resolution No from request to contingent on the Wisconsin DNR waive their liens from the property carried by an 8-0 RollCall-Pro System vote, all voting aye. 18. The original motion carried, by an 8-0 RollCall-Pro System vote, all voting aye. B. Committee recommends Council adopt Resolution No Compliance Maintenance Annual Report for Sanitary Sewer. MS Bates/Lendrum. 1. Ald. Pollnow asked for an update on the sanitary sewer rate study. 2. Engineer Kummerow advised it has been pretty quiet lately. They have all the information they requested and are working on the results. He anticipated more conversation with them in the next couple of weeks to start tying things together. Right now there is not estimated time to bring this back to committee. 3. Ald. Stevenson asked who is doing the study. 4. Engineer Kummerow believes it is Ruekert & Mielke but cannot say for sure. He will the Council tomorrow with that information. 5. Motion carried, by an 8-0 RollCall-Pro System vote, all voting aye. C. Committee recommends Council approve the secondhand article dealer license application for EcoATM, LLC, Walmart, 1155 W. Winneconne Avenue, Hunter E. Bjorkman, owner. MS Bates/Lendrum. 1. Clerk Sturn advised that the license was applied for in error. They currently hold a license with the expiration date of December 31, Mayor Kaufert clarified they just applied 6 months ago. They thought their license expired June 30, Ald. Stevenson added that he asked this item be removed at the request of Clerk Sturn because they applied 6 month early. He was simply going to ask for permission to refund their application fee and they will then apply at the end of December. 4. City Atty. Godlewski indicated a motion to table would be in order. 5. MS Stevenson/Bates to table action on the secondhand article dealer license application for EcoATM, LLC, Walmart, 1155 W. Winneconne Avenue, Hunter E. Bjorkman, owner. N-M Jt. Fire Commission I. Council President Stevenson reported the regular meeting of May 24, 2017: A. Committee recommends the City of Neenah and City of Menasha Common Councils approve the Regional Fire Department Hiring Process Agreement with Fox Valley Technical College. MS Stevenson/Pollnow. 1. Ald. Pollnow expressed concern over the process and questioned why this approval went through the NM Jt. Fire Commission rather than the NM Fire Rescue Jt. Finance & Personnel Committee. 2. Ald. Stevenson indicated his assumption is that Chief Kloehn may have been confused and sent it to the Jt. Fire Commission. The NM Fire Rescue Jt. Finance & Personnel Committee has historically reviewed

14 Council Minutes June 7, 2017 Page 7 of 10 this and recommended it. It makes sense to him if we change that methodology and send it through the Jt. Fire Commission since they are responsible for the hiring process he is okay with that. 3. City Atty. Godlewski concurred except they do not have the operational authority. They only have hire, fire and discipline authority. 4. Ald. Stevenson added they are not making that decision they are asking the Council to confirm their recommendation. 5. Ald. Pollnow questioned if process wise they did not have the jurisdiction to approve this or send this forward. He is fine either way since we typically approve the recommendation. 6. Ald. Stevenson indicated he will support it if no changes have been made. If changes were made, it would need to go back to the committee. 7. Deputy Chief Voss advised there are no changes. It comes to the Council because it is a contract. 8. Motion carried, by an 8-0 RollCall-Pro System vote, all voting aye. N-M Fire Rescue Jt. Finance & Personnel Committee I. Vice Chairman Kunz reported the special meeting of June 1, 2017: A. Committee recommends to each common council the acceptance of the FEMA grant award of $283,468, requiring a minimum 10% local funding match, with the grant to assist in funding the replacement of the department s Self Contained Breathing Apparatus (SCBA) system at a total cost of $368,275, After the grant, the total net cost to the department of the SCBA system is $368,275 less $257,699, or $110,576 with the City of Neenah s share $65,561 and the City of Menasha s share $45,015 for the purpose of purchasing this in 2018 with funding to come from NMFR s 2018 CIP budget. MS Kunz/Pollnow. 1. Ald. Pollnow explained that this was originally a 2019 item but is bring moved up to 2018 because of this grant. 2. Deputy Chief Voss advised that their SCBA cylinders have an end of life therefore in 2013 they planned for the 2019 replacement of the system. When the bottles expire, the apparatus, regulators, strapping harnesses become outdated but do not technically expire. A general practice is to replace the entire piece of equipment every 15 years. That date comes up in The FEMA grant timing allowed them to be successful this year so they are asking to accept the grant and purchase them in Not everything they need is grant eligible so this will significantly reduce the request in The current SCBAs were purchased 15 years ago with a FEMA grant which isn t the norm. 3. Ald. Bates clarified that we really only get $257,699 in grant dollars. The remaining 10% is our commitment. 4. Motion carried by an 8-0 RollCall-Pro System vote, all voting aye. B. Council President Stevenson congratulated Local 275 for their efforts this past weekend sponsoring the Back Draft Bike Tour He thanked those participating and volunteers to put this event on. The proceeds benefit the NM Fire Recue Local 275 benevolent fund. It was a great turnout.

15 Council Minutes June 7, 2017 Page 8 of 10 Board of Public Works 1. Mayor Kaufert added that the previous week they filled the boot. They were able to raise $19,000 in both cities for muscular dystrophy. I. Vice Chairman Hillstrom reported the meeting of May 30, 2017: A. Information Only Items: 1. The Board approved Pay Estimate No. 1 for Contract 3-17 for Parking Lot, Street and Trail Construction in the areas of the Main Street Parking Lot, Bergstrom Trail-CF, Doty Avenue Parking Lot, Street on Whippoorwill Circle, Street on Yorkshire Road, Street Cameron Circle-CF, Street Cameron Circle and Bridgewood Trail for $175, She advised that the CF means carryforward dollars. B. Council Action Items: 1. The Board recommends Council award Contract 5-17 for Cecil Street bridge repair to Sommers Construction from Shiocton, WI in the amount of $126, MSCRP Bates/Lendrum, all voting aye. 2. The Board recommends Council award Washington Park Phase 1 in the amount of $471,964, with Alternate 1 basketball courts (moved from year 2020 Phase 4) in the amount of $28,500 to R & R Wash Materials. MS Bates/Kunz. a) Ald. Bates indicated the Phase I bids came in under budget therefore they are suggesting Alternate 1, the basketball courts be moved up from It makes more sense to complete them along with Phase I. b) Ald. Pollnow questioned the process and asked why this is went through the Board of Public Works. c) City Atty. Godlewski explained all bid processes and contract awards go through the Board. The Engineering contract is a service contract so Finance & Personnel would make that recommendation. d) The motion carried, by a 5-3 RollCall-Pro System vote, all voting aye, Ald. Pollnow, Boyette and Lendrum voting nay. Landmarks Commission I. Ald. Lang reported from the Landmarks Commission: A. The Commission held a special meeting on May 31, 2017 at 134 W. Wisconsin Avenue to review an exterior building permit request at Greene s Pour House. Their plan is to install two roll up garage style window doors to replace the current windows on either side of the main entrance. Because these will be put in the existing window space and will not alter the character of the building, which is the oldest building in the downtown historic district, the permit was approved. B. They continued discussion on the option of highlighting the downtown district with the use of horse drawn wagon rides for the annual Vintage Adventure this fall.

16 Council Minutes June 7, 2017 Page 9 of 10 C. They continue discussion with Arete Academy students regarding their traffic signal box art project. They are currently working on design with the help of two professional graphic designers. Reports on neighborhood groups. I. Ald. Lang reported from the Business Improvement District Board (BID Board) of May 16, 2017: A. The Board will conduct its annual walking tour on June 21 st to review any issues downtown. B. Future Neenah gave an update on the Trestle Project, new downtown businesses and their summer event schedule. Bergstrom Mahler Museum I. Ald. Erickson reported from the Bergstrom Mahler Museum. A. The Museum s annual Arts Festival will be held July 16 th. They are looking for volunteers. Anyone interested should visit their website and sign up on line. B. The exhibit Quantum will run through August 20 th. It is really interesting. She encouraged everyone to visit the museum. Unfinished Business I. Ald. Pollnow questioned the status of the border agreement with the Village of Fox Crossing. A. City Atty. Godlewski indicated he should have that complete by the end of the summer. He advised Ald. Pollnow that there have been other priorities, for instance, the two law suits recently filed that have taken up a lot of this time. He advised Ald. Pollnow that the litigation he is referring to is involving the City of Menasha and the Village of Fox Crossing which we have no jurisdiction over. There is no way for us to get pulled into that litigation. He just need a little more time. II. III. Ald. Kunz questioned the status of the new parking situation and the license plate reader. A. Dir. Haese advised they are in the process of implementing the new license plate reader. He is hopeful implementation of all or a portion of enforcement will begin July 1 st. B. Mayor Kaufert indicated he has had discussions with Engineer Merten and clearly there has been some issues with the implementation. They are working on those issues. Mayor Kaufert indicated he is in the process of setting up the next Vendor Management meeting. They started with Public Works and Dir. Kaiser is working on his portion. He hopes to have a date in the next couple of weeks. After Public Works the rest will go rather quickly.

17 Council Minutes June 7, 2017 Page 10 of 10 New Business I. Mayor Kaufert indicated the need to discuss whether or not to have a Council meeting on the July 5, 2017 Council. The consensus of the Council to cancel the meeting due to the 4 th of July holiday but monitor committee agendas to see if there is any urgent items that would require a meeting on July 5 th. Mayor Kaufert indicated he and Council President Stevenson will keep in contact with Directors Kaiser, Haese & Easker and if something pressing comes up, they will advise the Council of the need for a meeting. II. III. IV. Mayor Kaufert publicly acknowledged the retirement of Nancy Handevidt from the Finance Department after 40 years of services. The citizens of Neenah were well served by Nancy in her 40 years with the City. Mayor Kaufert advised this weekend is Streetball in downtown Neenah. This year it will be a new version. He invited everyone to check it out. Mayor Kaufert advised that the new enforcement officer is very busy with grass and weed complaints due to all the rain we received. He advised the community that we now have a full time code enforcement officer and are taking a proactive stance. He thanked Public Works, Superintendent of Parks Fink and the Park & Rec and Cemetery crews for taking care of city properties. Adjournment I. MSC Pollnow/Stevenson to adjourn at 8:33 p.m., all voting aye. Patricia A. Sturn, WCPC/MMC City Clerk

18 211 Walnut Street Neenah, WI AN ORDINANCE: By Plan Commission Re: Creating Chapter 26, Article XV of the Code of Ordinances relating to creating a Tourist Housing Permit. ORDINANCE NO Introduced: June 7, 2017 Committee/Commission Action: Referred back to Plan Comm. & Subsequently Recommended for Passage with Revisions. AN ORDINANCE The Common Council of the City of Neenah, Wisconsin, do ordain as follows: Section 1. Sec of the Code of Ordinances of the City of Neenah is amended to add the following definition: Tourist Housing means any single-family or two-family dwelling unit which is rented partially (no more than 2 individual bedrooms rented to guests) or fully (the entire dwelling unit) to a guest(s) on a short-term basis (less than 30 consecutive days), excluding Boardinghouses and Bed and Breakfast Inns, more than once per calendar year. Section 2. Chapter 26, Article 15 of the Code of Ordinances of the City of Neenah, consisting of Sections to , relating to Tourist Housing is created to read as follows: ARTICLE XV. TOURIST HOUSING Sec Intent. It is the intent of this chapter to protect the public health, safety and general welfare of individuals in the community at large; to monitor and provide reasonable means for citizens to mitigate impacts created by Tourist Housing dwelling units; and to implement rationally-based, reasonably tailored regulations to protect the integrity of the City s neighborhoods. Sec Standards. All tourist housing properties shall conform to the following standards:

19 (1) No tourist housing property shall be located within a 500-foot radius of another tourist housing property. (2) There shall be at least two designated off-street parking spots on the tourist housing property for guests. (3) All tourist housing property owners or guests must abide by the noise regulations in Section of the City s Code of Ordinances. (4) The owner(s) of the property is the only individual(s) allowed to rent out the tourist housing property. Third party property management companies are strictly forbidden. (5) There shall be a limit of two people per bedroom and two additional people. In no case shall a tourist housing dwelling unit exceed more than 4 unrelated adults or 10 individuals. (6) Tenants are not permitted to stay at a tourist housing property for more than thirty consecutive days. (7) No recreational vehicles (RVs), campers, tents, or other temporary lodging arrangements shall be permitted on-site as a means of providing additional accommodations for paying guests or other invitees. (8) The owner(s) of the property must obtain a tourist housing permit before any rentals are allowed. (9) The tourist housing property shall be the primary residence of the applicant. (10) The owner(s) of the tourist housing property is (are) responsible for all applicable lodging and room taxes. (11) A tourist housing property may be rented up to 120 days within a calendar year. Sec Permit Procedure. The procedure to obtain a tourist housing permit consist of: (1) Applicant shall apply for the permit through the Department of Community Development. The department shall review the proposed tourist housing application with the applicant to determine conformance to the required standards. (2) Applicant shall be given addresses of all residents (property owners and/or tenants) within 200 feet of the proposed tourist housing property. It is the applicant's responsibility to notify all residents listed and provide evidence to the Department of Community Development that they have been informed of the proposed tourist housing property. (3) Should the Department of Community Development determine that the proposed tourist housing property complies with the established standards, a tourist housing permit shall be issued upon payment of a permit fee established by the Council.

20 (4) Should the Department of Community Development determine that the proposal does not conform to the established standards or the applicant has not made a good faith effort to contact and inform the neighboring residents, the proposed tourist housing permit may be denied. The applicant may appeal the decision to deny the permit to the Public Services & Safety Committee. The Committee may grant or reject the tourist housing request after hearing the appeal. A fee, as established by the Council, shall be charged to the applicant at the time the appeal is filed. (5) Tourist housing permits shall expire one year after issuance and once granted may be renewed subject to the provisions of this section, by completing a renewal form available from the Department of Community Development and by paying an annual permit fee established by the Council. Failure to apply in a timely manner for renewal, and/or failure to pay the annual permit fee, shall be grounds for revocation. Sec Special provisions. Special provisions for short-term rental properties are as follows: (1) Tourist housing permits, once granted, may be revoked by the Council for cause after a hearing. Complaints seeking the revocation of such permit shall be filed with the Department of Community Development. All such revocation hearings shall be conducted in accordance with the requirements for a tourist housing application hearing.. (2) Should a tourist housing permit holder die or move to a new location, the existing permit shall automatically be terminated; except, that in the case of death, should a surviving spouse or child, residing at the same address, desire to continue the tourist housing, written notice to that effect shall be given to the Community Development Department for consideration to authorize continuation of that permit. Sec Inspection. There may be one annual inspection each year by the Department of Community Development. The Department of Community Development shall have the right at any time, upon reasonable request, to enter and inspect the premises for safety and compliance purposes. Secs Reserved. Section 3. 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.

21 Section 4. 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: Published: Dean R. Kaufert, Mayor Attest: Patricia A. Sturn, City Clerk THIS INSTRUMENT WAS DRAFTED BY: City Attorney James G. Godlewski 211 Walnut Street Neenah, WI State Bar No

22 Dept. of Legal & Administrative Services Office of the City Attorney 211 Walnut St. P.O. Box 426 Neenah WI Phone Fax: JAMES G. GODLEWSKI CITY ATTORNEY MEMORANDUM DATE: June 20, 2017 TO: Mayor Kaufert, members of the Common Council FROM: City Attorney Jim Godlewski RE: Appeals under Tourist Housing Ordinance, Ord In reviewing the tourist housing ordinance, scheduled for action at Wednesday s Council meeting, I noticed that the ordinance reported out by Plan Commission provides that appeals of determinations by community Development are made to the Public Services & Safety Committee. However, the Zoning Enabling Statute, Wis. Stat (7) requires that appeals under the zoning code be heard by the Board of Appeals. Thus 2 creating Code (4) should be amended to replace Public Services & Safety Committee with Board of Appeals. The steps to achieve this amendment is as follows: 1. Report by Plan Commission council representative reported out. 2. Motion/second to approve Ord Motion/second to amend 2 of Ord creating Code (4) by replacing Public Services and Safety Committee with Board of Appeals and replacing Committee with Board. If amended, the revised appeal section, (4) will read: (4) Should the Department of Community Development determine that the proposal does not conform to the established standards or the applicant has not made a good faith effort to contact and inform the neighboring residents, the proposed tourist housing permit may be denied. In such case the applicant may appeal the decision to deny the permit to the Public Services & Safety CommitteeBoard of Appeals. The Committee Board may grant or reject the tourist housing request after hearing the appeal. A fee, as established by the Council, shall be charged to the applicant at the time the appeal is filed. Please contact me with questions.

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30 211 Walnut Street Neenah, WI AN ORDINANCE: By Public Services & Safety Committee Re: Amending Code 3-4(e), to exclude ADA Service Animals from limitations on keeping of pet animals ORDINANCE NO Introduced: June 21, 2017 Committee/Commission Action: Recommended for Passage AN ORDINANCE The Common Council of the City of Neenah, Wisconsin, do ordain as follows: Section 1. Section 3-4(e) of the Code of Ordinances of the City of Neenah is amended by deleting the stricken language and adding the highlighted language to read as follows: (e) Applicability of limitation. This section shall not apply to Service Animals as defined by the Americans with Disabilities Act and codified at 28 CFR , properly licensed pet shops, commercial or boarding kennels, humane society, animal shelter, doggy daycare, rescue facility or veterinary clinics or hospitals. 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: Moved by: Adopted: Approved: Published: Dean R. Kaufert, Mayor Attest: Patricia A. Sturn, City Clerk