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

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1 FINAL REMINDER: 6:15 Reception for Ald. Hamblin in Lobby I. Roll Call and Pledge of Allegiance. City of Neenah COMMON COUNCIL AGENDA (1) Wednesday, April 1, :00 p.m. Neenah City Hall Council Chambers II. III. IV. Introduction and Confirmation of Mayor s Appointment(s). (None) Approval of Council Proceedings of the March 17, 2015 Joint Neenah-Menasha meeting and the March 18, 2015 regular session. (Proceedings and Minutes can be found on the City web site) (2, 3, 4 & 5) (RollCall-Pro) Public Hearings. (None) V. Plan Commission report pertaining to the public hearings. (None) VI. VII. Consideration of ordinances pertaining to the public hearings. (None) Consideration of resolution pertaining to the public hearings. (None) Motion to amend the agenda to move up item (11)(B) Report from the April 1, 2015 Special Finance & Personnel Committee meeting; (13)(D) Resolution No providing for the sale of approximately $1,375,000 note anticipation notes and (13)(E) Resolution No providing for the sale of approximately $4,550,000 General Obligation Promissory notes. XI. XIII. Reports of standing committees and consideration thereof. B. Special Finance and Personnel Committee meeting of April 1, 2015: 1. Waiver of the 24-hour rule relative to providing minutes for Council consideration and action. 2. Committee recommendation regarding Resolution No Providing for the Sale of Approximately $1,375,000 Note Anticipation Notes. (Resolution to follow) 3. Committee recommendation regarding Resolution No Providing for the Sale of Approximately $4,550,000 General Obligation Promissory Notes and discussion of existing debt refunding opportunities. (Resolution to follow) Presentation of ordinances and resolutions and consideration thereof. D. Resolution No providing for the sale of approximately $1,375,000 note anticipation notes. (13) (RollCall-Pro) E. Resolution No providing for the sale of approximately $4,550,000 General Obligation Promissory notes. (14) (RollCall-Pro)

2 Council Agenda April 1, 2015 Page 2 of 4 VIII. IX. 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. X. Consent Agenda. A. Approve Beverage Operator license for: Bonnie L. Brochtrup, Halie M. Callaway, Cheyenne R. Hernitz, Sara A. Howell, Logan A. Minke and Laurie J. Zernzach. (PSSC) B. Approve the Street Use Permit for the Neenah StreetBall 3-on-3 event to be held on June 13, 2015, in downtown Neenah, sponsored by Future Neenah, Inc., 135 W. Wisconsin Avenue. (PSSC) C. Approve the street use permit for the Shattuck Park Saturday Farm Market (every Saturday 6/20 thru 10/17), Out to Lunch Concerts (every Thursday 6/4 thru 8/27) and Evening Concerts (every other Wednesday 6/10 thru 8/19), sponsored by Future Neenah Inc., 135 W. Wisconsin Avenue. (PSSC) D. Approve the Street Use Permit for A Very Neenah Christmas event to be held on December 4, 2015, in downtown Neenah, sponsored by Future Neenah, 135 W. Wisconsin Avenue. (PSSC) E. Approve the Street Use Permit for the Neenah Duathlon, sponsored by Du Tri Run, 920 S. Keller Park, Appleton, to be held on May 3, 2015, contingent on receiving an updated certificate of liability insurance listing the City of Neenah as additional insured. (PSSC) F. Approve the Street Use Permit for the Race the Lake, sponsored by Du Tri Run, 920 S. Keller Park, Appleton, to be held on August 16, 2015, contingent on receiving a certificate of liability insurance listing the City of Neenah as additional insured. (PSSC) G. Approve the Street Use Permit for the Run Away to the Bay event, sponsored by Run Away Events, W3192 County KK, Suite C, Appleton, to be held on April 25, (PSSC) H. Approve the Street Use Permit for the Bike Week Community Ride event, sponsored by Fox Cities Greenways/Fox Cities Cycling Association (FCCA), P.O. Box 5, Menasha to be held on May 23, (PSSC) I. (RollCall-Pro) XI. Reports of standing committees and consideration thereof. A. Regular Public Services and Safety Committee meeting of March 24, 2015: (6) (Minutes can be found on the City web site) 1. Committee recommends Council adopt Resolution No installation of concrete sidewalk/bituminous trail on Alexander Drive (Bruce to Commercial), Bruce Street (Parkwood to Castle Oak), Marathon Avenue (Parkwood to Castle Oak) and Castle Oak Drive (Industrial to Marathon). (Resolution to follow) B. Special Finance and Personnel Committee meeting of April 1, 2015: (Previously reported out) 1. Waiver of the 24-hour rule relative to providing minutes for Council consideration and action. F:\CLERK\WPDATA\CouncilMinutesAgendas\Agenda DOC

3 Council Agenda April 1, 2015 Page 3 of 4 2. Committee recommendation regarding Resolution No Providing for the Sale of Approximately $1,375,000 Note Anticipation Notes. (Resolution to follow) 3. Committee recommendation regarding Resolution No Providing for the Sale of Approximately $4,550,000 General Obligation Promissory Notes and discussion of existing debt refunding opportunities. (Resolution to follow) C. Regular Finance and Personnel Committee meeting of March 23, 2015: (7) (Minutes can be found on the City web site) 1. Committee recommends Council approve the purchase of eight marked Ford SUV model squads at a total cost of $271,990. The low bid of $218,704 was received from Bergstrom Automotive. The additional cost of $53,286 would be paid to various vendors for equipment and changeovers. The 2015 Capital budget includes $300,000 for the purchase. (RollCall-Pro) 2. Committee recommends Council create and authorize filling a Paralegal position in the City Attorney s office and authorize placement on the City of Neenah part-time pay scale at Grade G, with hours for the position not to exceed an average of 25 hours per week. (RollCall-Pro) 3. Committee recommends Council adopt Resolution No establishing the 2015 interest rate for special assessments paid in installments under Wis. Stat. Sec The 2015 rate would be 5.00% based upon the current prime rate of 3.25% plus a factor of 1.75%. (Resolution to follow) XII. XIII. Reports of special committees and liaisons and various special projects committees and consideration thereof. A. Regular Plan Commission meeting of March 24, 2015: (Cancelled) B. Joint Review Board meeting of March 31, 2015: (Ald. Lendrum) 1. Waiver of the 24-hour rule relative to providing minutes for Council consideration and action. 2. Board action on Neenah Joint Review Board Resolution JRB approving the project plan and boundaries of the City of Neenah Tax Increment District No. 9. (Information only) C. Board of Public Works meeting of March 24, 2015: (8) (Minutes can be found on the City web site) 1. Council Action Items: a) Board recommends Council award Contract 2-15 HMA Pavement Repair to the low bid from Northeast Asphalt, Greenville, in the amount of $78, (RollCall-Pro) D. Landmarks Commission 1. Report from the Landmarks Commission Alderman Lang E. Bergstrom Mahler Museum 1. Report from the Bergstrom Mahler Museum Alderman Lang F. Reports on neighborhood groups. 1. Business Improvement District Board (BID Board) Alderman Erickson Presentation of ordinances and resolutions and consideration thereof. F:\CLERK\WPDATA\CouncilMinutesAgendas\Agenda DOC

4 Council Agenda April 1, 2015 Page 4 of 4 A. Ordinance No Amending Code 3 1, Definitions, and 3-16 creating a designation of Potentially Dangerous Animal and providing for the regulation thereof. (9) (RollCall-Pro) B. Final Resolution No as corrected, for installation of concrete sidewalk/bituminous trail on Alexander Drive, Bruce Street, Marathon Avenue and Castle Oak Drive. (11) (RollCall-Pro) C. Resolution No establishing the interest rate for special assessments paid in installments under Wis. Stat (12) (RollCall-Pro) D. Resolution No providing for the sale of approximately $1,375,000 note anticipation notes. (13) (RollCall-Pro) (Previously acted on) E. Resolution No providing for the sale of approximately $4,550,000 General Obligation Promissory notes. (14) (RollCall-Pro) (Previously acted on) XIV. Presentation of petitions. A. Any other petition received by the City Clerk s Office prior to the Common Council meeting. XV. Council Directives. (15) XVI. Unfinished Business. XVII. Presentation of communications, claims, memorials, accounts and other new business. A. Mayor Kaufert s appointment to fill the expired term of Ted Bauer on the Community Development Authority, term expires April (To be made at the April 21, 2015 Organizational Council meeting) B. Mayor Kaufert s appointment to fill the expired terms of Judith Mueller and Randall Fieldhack on the Library Board, terms expire April (To be made at the April 21, 2015 Organizational Council meeting) C. Mayor Kaufert s appointment to fill the expired term of Nick Piergrossi on the Plan Commission, term expires April (To be made at the April 21, 2015 Organizational Council meeting) D. Mayor Kaufert s appointment to fill the unexpired term of Bill Pollnow on the Water Commission term to expire October (To be made at the April 21, 2015 Organizational Council meeting) E. Any announcements/questions that may legally come before the Council. XVIII. 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:\CLERK\WPDATA\CouncilMinutesAgendas\Agenda DOC

5 Proceedings of the Joint Neenah-Menasha Common Council Meeting Tuesday, March 17, :00 p.m. The Common Councils of the Cities of Neenah and Menasha, Winnebago County, Wisconsin, met in regular session at 7:00 p.m., March 17, 2015 in Company E Room at the Menasha Public Library, 440 First Street, Menasha. Mayors Kaufert & Merkes in the chair. Neenah Aldermen Present: Aldermen Lendrum, Bates, Hamblin, Pollnow, Erickson, Hillstrom, Ramos, Kunz and Lang. Neenah Staff Present: City Attorney Godlewski, City Clerk Sturn, Director of Finance Easker, Director of Community Development & Assessment Haese, Director of Public Works Kaiser, Director of Parks & Recreation McCoy, Recreation Supervisor Olson and Engineer Merton. Menasha Aldermen Present: Aldermen Nichols, Taylor, Sevenich, Keehan, Zelinski, Englebert and Benner. Alderman Langdon was excused. Menasha Staff Present: Director of Parks & Recreation Tungate, Public Works Director Radtke and Community Development Director Kiel. Others Present: Amy Barker, Executive Directory of Future Neenah (FNI), Patrick Skalecki, Graef P. E., Annette Look of FNI, Neenah Aldermanic Candidate Todd Stevenson, State Representative Mike Rohrkaste, Senator Roth s Legislative Assistant Bill Kloiber, Mike Kading, President of the Fox Cities Greenways, several Park & Recreation Commission members from both Neenah and Menasha, 40+ citizens of Neenah & Menasha, several television station reporters and Duke Behnke of the Post Crescent. MSC Ramos/Hillstrom to move to agenda item E, all voting aye. MSC Sevenich/Benner to move to agenda item E, all voting aye. Resolutions I. Neenah Resolution No and Menasha Resolution No. R-9-15 authorizing application for Outdoor Recreation Grant Funds through the Wisconsin Department of Natural Resources for the Construction of Two Pedestrian Bridges Connecting the Cities of Neenah and Menasha was presented. A. MS Bates/Ramos to adopt Neenah Resolution No B. MS Englebert/Benner to adopt Menasha Resolution No. R MS Lendrum/Pollnow to amend the Neenah motion to remove the four bullet points: submit an application to the DNR for any financial aid that may be available; submit reimbursement claims along with necessary supporting documentation within 6 months of the project completion; sign and submit documents;

6 Joint Neenah/Menasha Council Proceedings March 17, 2015 Page 2 of 2 Adjournment and take necessary action to undertake, direct and complete the approved project. The amendment failed by a 1-8 voice roll call vote, all voting nay, Ald. Lendrum voting aye. 2. MSCRC Ramos/Hillstrom to amend the Neenah motion to add wording before the second bullet point to read, BE IT FURTHER RESOLVED, that in the event the State grant is awarded, the Neenah and Menasha Common Councils would further need to approve the grant agreement and authorize the City of Neenah and City of Menasha Park and Recreation directors to do the following: all voting aye, Ald. Lendrum and Kunz voting nay. 3. MSCRC Sevenich/Keehan to amend the Menasha motion to add wording before the second bullet point to read, BE IT FURTHER RESOLVED, that in the event the State grant is awarded, the Neenah and Menasha Common Councils would further need to approve the grant agreement and authorize the City of Neenah and City of Menasha Park and Recreation directors to do the following:, all voting aye, Ald. Taylor and Zelinski voting nay. 4. The original City of Neenah motion, as amended, carried by an 8-1 voice roll call vote, all voting aye, Ald. Lendrum voting nay. 5. The original City of Menasha motion, as amended, carried by a 5-2 voice roll call vote, all voting aye, Ald. Taylor and Zelinski voting nay. I. MSC Pollnow/Ramos to adjourn the Neenah Council meeting at 8:33 p.m., all voting aye. II. MSC Keehan/Sevenich to adjourn the Menasha Council meeting at 8:33 p.m., all voting aye. Patricia A. Sturn, WCPC/MMC

7 JOINT NEENAH-MENASHA COMMON COUNCIL MINUTES Tuesday, March 17, :00 p.m. The Common Councils of the Cities of Neenah and Menasha, Winnebago County, Wisconsin, met in regular session at 7:00 p.m., March 17, 2015 in Company E Room at the Menasha Public Library, 440 First Street, Menasha. Mayors Kaufert & Merkes in the chair. Neenah Aldermen Present: Aldermen Lendrum, Bates, Hamblin, Pollnow, Erickson, Hillstrom, Ramos, Kunz and Lang. Neenah Staff Present: City Attorney Godlewski, City Clerk Sturn, Director of Finance Easker, Director of Community Development & Assessment Haese, Director of Public Works Kaiser, Director of Parks & Recreation McCoy, Recreation Supervisor Olson and Engineer Merton. Menasha Aldermen Present: Aldermen Nichols, Taylor, Sevenich, Keehan, Zelinski, Englebert and Benner. Alderman Langdon was excused. Menasha Staff Present: Director of Parks & Recreation Tungate, Public Works Director Radtke and Community Development Director Kiel. Others Present: Amy Barker, Executive Directory of Future Neenah (FNI), Patrick Skalecki, Graef P. E., Annette Look of FNI, Neenah Aldermanic Candidate Todd Stevenson, State Representative Mike Rohrkaste, Senator Roth s Legislative Assistant Bill Kloiber, Mike Kading, President of the Fox Cities Greenways, several Park & Recreation Commission members from both Neenah and Menasha, 40+ citizens of Neenah & Menasha, several television station reporters and Duke Behnke of the Post Crescent. Menasha Mayor Merkes called the meeting to order at 6:03 pm followed by the Pledge of Allegiance. He commented that this Twin Trestle Pedestrian Bridge Project is a great project and an opportunity for both communities to work together. He asked each alderman to introduce themselves to the audience. Mayor Kaufert indicated he supports the project and this opportunity for community input. The Resolution being offered tonight is the first step in this project and allows staff to apply for State Stewardship Grants. Clerk Sturn took a voice roll call. All Aldermen were present with the exception of Menasha Alderman Langdon who was excused. MSC Ramos/Hillstrom to move to agenda item E, all voting aye. MSC Sevenich/Benner to move to agenda item E, all voting aye.

8 Joint Neenah/Menasha Council Minutes March 17, 2015 Page 2 of 8 Report from Department Heads/Staff/Consultants Park & Recreation Directors Tungate and McCoy did a short slide presentation on the Twin Trestle Pedestrian Bridge Project. Patrick Skalecki, Graef P.E., informed the audience that the Fox Cities Trestle Trail was built in They estimate 971 pedestrians per day cross the Trestle Trail from 21 states and 7 countries. The proposed twin bridges and trail will connect the loop. The Twin Trestle Pedestrian Bridge Project is estimated to cost $3.2 million: $1.6 million in the form of DNR grants; $1 million (32%) to be raised by Loop the Lake Trestle Project conducted by Future Neenah; and $300,000 (9%) from both the cities of Neenah and Menasha. He advised that the feasibility study addressed: alignment of the bridges; structure alternatives; pier alternatives; decking alternatives; and environmental issues. They investigated DNR permitting available for the project. They also found that the Coast Guard does not have jurisdiction therefore no permits are required. He pointed out renderings done of the actual structure and invited the audience to view them. He feels it is a neat project and hopes it moves forward. Amy Barker, Executive Director of Future Neenah (FNI), introduced herself and gave a short presentation on their project Navigate Neenah-Menasha, which is their non-profit effort to raise $1 million dollars for the Loop the Lake Trestle Project. Projects like this help recruit businesses, employers, employees and residents. She advised that FNI assisted with the Shattuck Park Neenah Riverwalk Project. Public Comment I. Dir. McCoy read into the minutes a letter from the Neenah-Menasha YMCA expressing their support for the Navigate Neenah-Menasha Loop the Little Lake Trestle Project. They believe this trail project correlates well with the YMCA s mission to promote youth, adult and family activities that build a healthy spirit, mind and body for all. II. III. Tim Gosz, 98 Fox Street, Menasha, expressed concern that this project is a trail to his house which is located on the corner of Fox and Mathewson Streets. He asked if the trail could be relocated away from the neighborhood. Mike Kading, 669 Appleton Road, President of the Fox Cities Greenways, spoke in favor of this project. The proposal utilizes public infrastructure already in place. IV. Jeff Harvey, 514 Broad Street, Menasha, expressed concern over this project increasing taxes. He has issues with the city representatives acting like this is a done deal. He asked what the city has done with other issues such as parking on Broad Street and to maintain projects such as the Trestle Trail. He

9 Joint Neenah/Menasha Council Minutes March 17, 2015 Page 3 of 8 would like to know the exact cost and effect on his neighborhood and asked that every aspect of this project be reviewed. He also asked that the cities do their best to get the community and companies involved to possibly lower the city portion of this project and maintain the budget. A. Amy Barker explained that their fund raising efforts are 32% compared to the taxpayers 9%. They will strive to possibly lower that 9%. V. Ned Hughes, 1140 Manor Drive #4, Neenah, questioned long term maintenance. A. Dir. McCoy indicated they have a ten-year investment of $24,000 for maintenance of the Trestle Trail, which is less than they spend on the Neenah Pool. B. Ned Hughes indicated this is a wonderful project, which will add to the quality of life and have a positive economic impact. VI. VII. VIII. IX. Dick Sturm, 1203 Greenwood Court, Menasha, favored the trail as he always looks for recreational opportunities. He is waiting for a safe way to High Cliff. Joe Mass, 70 Lawson Street, Menasha, opposed the trail and expressed concern over people walking past the disposal plant. Dean Moede, 858 Broad Street, Menasha, commended the communities and Future Neenah for coming together. He suggested trying to increase the funding efforts for this project. A. Amy Barker indicated the goal of FNI is to raise as much as they can and partner with as many entities as possible. B. Mayor Kaufert added that if FNI is successful in reaching out to the community the taxpayer burden might be less. Ellen Kunz, 707 Congress Place, Neenah, supported the project for herself as well as for her mother, Val Roemer, 232 Kaukauna Street, Menasha. Her mother is excited to see people walking past her home. At 81 she biked the Trestle Trail. Her family is grateful she had a place to go. Ellen asked that we don t forget about the elderly and those in wheelchairs. X. David Palmer, 544 Grove Street, Neenah, expressed concern over the streets included in the project. A. Pat Skalecki indicated they would look at parking and trail widths. There are certain criteria they need to meet. XI. Pat Galloway, 325 Ninth Street, Neenah, indicated he is excited about the project. He asked that trash removal, maintenance, minimum congestion and the proper path be taken into consideration. The vibrancy of a project like this can reduce the tax base.

10 Joint Neenah/Menasha Council Minutes March 17, 2015 Page 4 of 8 XII. XIII. Jake Lamb, 221 Kraft Street, Neenah, supported the trails as they bring people into his area. He would love a bigger site. Mark Green, 1480 Circle Drive, Menasha, supported the trails as they allow him to avoid the heavy traffic on Commercial Street. He does not like liter and does his part to help by picking up liter as he walks the trails. If everyone did their part liter would not be an issue. XIV. Dave Morton, 1177 Westwind Drive, Neenah, supported the project. He suggested scheduling pick up projects similar to what the Rotary does. It is just as much the public s responsibility as it is the responsibility of the municipality. XV. Mike Kading, 669 Appleton Road, Menasha, President of the Fox Cities Greenways indicated he is excited about this project. He indicated the Town of Menasha sends their crews out to maintain the trails. He suggested organized volunteer work days similar to the Neenah Slough clean up each spring. XVI. Ned Hughes, 1140 Manor Drive #104, Neenah, advised that he is involved with the Fox Cities Greenways and supports the project. Studies show trails built adjacent to residential properties increase their worth by 2-5%. XVII. Mayor Merkes thanked the citizens for their input. He asked the Council for a motion on the resolution so they can begin discussion. Resolutions I. Neenah Resolution No and Menasha Resolution No. R-9-15 authorizing application for Outdoor Recreation Grant Funds through the Wisconsin Department of Natural Resources for the Construction of Two Pedestrian Bridges Connecting the Cities of Neenah and Menasha was presented. A. MS Bates/Ramos to adopt Neenah Resolution No B. MS Englebert/Benner to adopt Menasha Resolution No. R Ald. Englebert indicated he has concern when the burden lies on the taxpayer. He asked to keep funding to taxpayers to a minimum. 2. Ald. Lendrum invited everyone to visit the web site to review the feasibility study. She has environmental and cost overrun concerns. a) Pat Skalecki advised that the contingency helps cover some of the overruns. b) Dir. McCoy added that when the contingency is not enough to cover these cost overruns she would then need to go

11 Joint Neenah/Menasha Council Minutes March 17, 2015 Page 5 of 8 before the Council to budget. There will need to be an understanding between the cities as to how to manage the project. 3. Ald. Taylor thanked Directors McCoy & Tungate and FNI for this early listening/fact finding session. He asked that the streets involved be looked at and future discussion be taken back to Council so they can be televised. 4. Ald. Bates questioned what would happen if the grant dollars do not materialize. a) Mayor Kaufert advised that if one piece does not happen, the project might not happen. The grant application needs to happen first. That is the only commitment at this point. 5. Ald. Bates expressed concern over disrupting the wildlife. a) Pat Skalecki advised that they will investigate the navigation channel with the Fish and Wildlife. 6. Ald. Zelinski likes the concept but questioned what this is graded in the CIP. He expressed concern over favoring this project over enhancement of existing bridges and maintaining dead end streets. He questioned who would maintain these bridges/trail in light of their current staff shortages. 7. Ald. Hillstrom indicated he and his wife enjoy walking the trails in Neenah and Menasha and looks forward to the Loop to the Lake. He indicated we have had good luck obtaining grants in the past and feels there is a good chance we will get it. He supports the project. 8. Ald. Benner pointed out the 15 people spoke, 11 in favor of the project and 4 against the project. A lot of questions need to be answered yet. This is just authorizing to complete the application for the grant dollars. 9. Ald. Pollnow spoke in opposition to the resolution and suggested deleting verbage with commitment and just give authorization to apply for the grant. a) City Atty. cautioned that the model stewardship grant requires some of that language. If we submit an application with a resolution that does not meet those requirements we may not qualify for the grant. This resolution does not give subsequent approval once the grant is offered, it would require subsequent grant agreement. 10. Ald. Ramos indicated he feels this is an exciting project and a great opportunity for a joint venture. He has concern regarding the project but realizes this is the first step and only authorizes application. He feels it is important to acknowledge that to the community. He asked if there were any federal grant opportunities. a) Dir. McCoy advised there might be other federal grant opportunities.

12 Joint Neenah/Menasha Council Minutes March 17, 2015 Page 6 of 8 b) Mayor Kaufert added that some stewardship grants are federal money. c) Dir. McCoy advised that they work with the DNR Specialist and he will let us know which grants are available that we might qualify for. d) Mayor Kaufert indicated the need to explore as many of these options as we can. He had discussion prior to the meeting with Senator Roth s Legislative Assistant Bill Kloiber who indicated he would send Park & Rec Directors McCoy and Tungate information regarding additional funding opportunities. 11. Ald. Kunz indicated he is excited about this project as it involves minimal tax dollars for a great project. With the FNI donations and grant dollars it is a trifecta of donated dollars. People are excited and want to give. He encouraged the state to jump on board. 12. Ald. Sevenich expressed concern for the taxpayers as he feels $300,000 is a lot of money that could be used in other areas or on other infrastructure. He would like to see FNI go over and above. He has concerns over the proposed route and hopes it is not in stone as we have invested too much money in the downtown to just bypass it. He supported the trestle trail in the past and is in favor of the resolution. He has a concern similar to Ald. Pollnow over the verbage. 13. Ald. Hamblin indicated it is a gamble running into issues with any project. We need to give the engineers a chance. He sees a lot of community support and supports the project himself. 14. Ald. Keehan expressed concern over environmental issues. a) Pat Skalecki advised that they will perform soil sampling and geo tech investigations to help identify environmental issues. They will ask the cities how to handle these issues. Upon completion of the environmental studies, dollars will be identified. He advised that with work along any waterfront you find environmental issues such as sawdust, concrete slabs, etc. This is a localized excavation area so they should be able to get a good understanding. 15. MS Lendrum/Pollnow to amend the Neenah motion to remove the four bullet points: submit an application to the DNR for any financial aid that may be available; submit reimbursement claims along with necessary supporting documentation within 6 months of the project completion; sign and submit documents; and take necessary action to undertake, direct and complete the approved project. a) Dir. McCoy indicated she would check with the DNR Specialist tomorrow.

13 Joint Neenah/Menasha Council Minutes March 17, 2015 Page 7 of 8 b) Mayor Merkes advised that another Whereas must be accepted by both Councils. c) City Atty. Godlewski suggested adding another BE IT FURTHER RESOLVED that states in the event the State grant is awarded, the Neenah and Menasha Common Councils would further need to approve the grant agreement and authorize the City of Neenah and City of Menasha Park and Recreation directors to do the following. Then list the bullet pointes. d) Ald. Lendrum disagreed with that suggestion. e) The amendment failed by a 1-8 voice roll call vote, all voting nay, Ald. Lendrum voting aye. 16. MS Ramos/Hillstrom to amend the Neenah motion to add wording before the second bullet point to read, BE IT FURTHER RESOLVED, that in the event the State grant is awarded, the Neenah and Menasha Common Councils would further need to approve the grant agreement and authorize the City of Neenah and City of Menasha Park and Recreation directors to do the following: a) Ald. Pollnow supported the amendment. b) The amendment carried by a 7-2 voice roll call vote, all voting aye, Ald. Lendrum and Kunz voting nay. 17. MS Sevenich/Keehan to amend the Menasha motion to add wording before the second bullet point to read, BE IT FURTHER RESOLVED, that in the event the State grant is awarded, the Neenah and Menasha Common Councils would further need to approve the grant agreement and authorize the City of Neenah and City of Menasha Park and Recreation directors to do the following: a) The amendment carried by a 5-2 voice roll call vote, all voting aye, Ald. Taylor and Zelinski voting nay. 18. Ald. Nichols indicated she appreciates the public comment and asked if there will be future opportunities for public comment. a) Dir. Tungate advised there will be public comment throughout the additional phases of engineering. b) Pat Skalecki advised that each permit requires public comment. c) Ald. Sevenich indicated they are currently looking at spending dollars on the trails through Gilbert and asked how this will link to those trails. d) Amy Barker indicated they plan to incorporate pedestrian way finding signage. Signs are cheap compared to paving. 19. The original City of Neenah motion, as amended, carried by an 8-1 voice roll call vote, all voting aye, Ald. Lendrum voting nay.

14 Joint Neenah/Menasha Council Minutes March 17, 2015 Page 8 of 8 Adjournment 20. The original City of Menasha motion, as amended, carried by a 5-2 voice roll call vote, all voting aye, Ald. Taylor and Zelinski voting nay. I. MSC Pollnow/Ramos to adjourn the Neenah Council meeting at 8:33 p.m., all voting aye. II. MSC Keehan/Sevenich to adjourn the Menasha Council meeting at 8:33 p.m., all voting aye. Patricia A. Sturn, WCPC/MMC

15 Proceedings of the Common Council of the City of Neenah Wednesday, March 18, :00 p.m. The Common Council of the City of Neenah, Winnebago County, Wisconsin, met in regular session at 7:00 p.m., March 18, 2015 in the Council Chambers of Neenah City Hall. Mayor Kaufert in the chair. Present: Aldermen Lendrum, Bates, Hamblin, Pollnow, Erickson, Hillstrom, Ramos, Kunz and Lang, City Attorney Godlewski and City Clerk Sturn. Also Present: Director of Finance Easker, Director of Community Development & Assessment Haese, Director of Public Works Kaiser, Fire Chief Auxier, Deputy Fire Chief Green, Building Inspector Walter, Fire Dept Office Manager Theisen, Firefighter Martinez and his wife Lacy, several members of the Neenah-Menasha Fire Rescue, Police Chief Wilkinson, Director of Information Systems Wenninger, City Engineers Eckhart & Merton, Aldermanic Candidate Stevenson, Melissa Kraemer-Badtke & Mike Patza & Lauron Hinch with East Central Wisconsin Regional Planning Commission, Michael Kading of Fox Cities Greenways, Katherine & Sydney Kivett, Karen Schumacher, Monica & Nick Ammerman, Stephanie Vandeberg, Ellie DeShaney, Denise Elmer, Tim Hoks, Scott Hoelzel, Forrest & Victoria Bates, Kim Wright, Jeffrey, Morgan & Jane Harm, Kate Hancock-Cooke, Bruce Levenhagen, Anthony & Eulalie Leiton, William & Cheryl Fowler, Darin & Cheryl Newton, Josh & Amee Hauke, Don & Sandy Miller, Dan McIntosh, Chris Peotter, Josh & Amanda Preissner, Judy Zaretzke, Steven Helein, Richard Wangard, Irene Scheer, Regina Uerkwitz, Lois Schultz, Mary Jo Davey, Linda Garvey, Leah Wilson, Amy Keesler, Lindy Eake, Nancy Prahl, Jeff & Chris Swoboda, Cheryl Zadrazil, Judy Mead, Ellen Irons, Roger Orlady, Deb Shaffer, Judy Scheihing, Glenn & Connie Schroeder, Jeff Wierzba, Elizabeth Wiedenhaft, Dan & Karen Steiner, Kristin Ely-Bluemke, Michelle Dunning, Dwight Kerr and Russ & Marlene Noren. Mayor Kaufert called the meeting to order at 7:00 pm. Council Proceedings I. MSCRP Ramos/Pollnow to approve the Council Proceedings of March 4,2015 regular session, all voting aye. Public Hearings I. Consider the proposed Project Plan and boundaries for the creation of Tax Increment District (TID) #9. A. There being no appearances, Mayor Kaufert declared the public hearing closed.

16 Council Proceedings March 18, 2015 Page 2 of 10 II. Consider the installation of sidewalk on Alexander Drive (Bruce to Commercial), Bruce Street (Parkwood to Castle Oak), Marathon Avenue (Parkwood to Castle Oak) and Castle Oak Drive (Industrial to Marathon). A. Denise Elmer, 2500 Bishops Lane, supported the sidewalks on Bruce and Marathon, as there is no safe access to the park at this time. Her subdivision has younger families with children and pets that frequently walk that neighborhood. She asked the City to provide them a safe route. B. Karen Schumaker, 314 Naymut Street, Menasha, shared the tragic story of her daughter losing her life while walking on Breezewood Lane due to the fact there were no sidewalks. It is beyond her comprehension that there is discussion about whether sidewalks are necessary or a good thing. She asked the Council to make Neenah consistently safe for all residents. C. Rich Wangard, 134 Alexander Drive, opposed the sidewalks as it puts a financial burden on the residents on Alexander Drive. He does not feel the pedestrian traffic warrants sidewalks. His concern is also that the sidewalks on Alexander Drive would be from the front doors and windows of some residents. He resubmitted the petition filed earlier in opposition to the sidewalks expressing concern over city government going against the wish of its citizens. D. Anthony Leiton and his son Kaden, 2523 Bruce Court, spoke in support of the sidewalks. Kaden said he likes to ride his bike on the sidewalk where it is safe. Anthony indicated he brought his family, wife and three children, out hoping they could make a difference. They travel Alexander frequently to go to the grocery store or the pool. He asked to keep the sidewalk project in for their safety. E. Michelle Dunning, 224 Parkwood Drive, opposed the sidewalks. Contrary to what some people have indicated, she does walk with her dogs and her boys at various times of the day and never felt unsafe. She feels the pedestrian traffic does not warrant sidewalks. The open retention ponds could be a safety issue. F. Mike Patza with East Central Wisconsin Regional Planning Commission indicated the Commission has been working on its Safe Routes to Schools Program since 2009 to encourage more kids to walk and/or ride bikes to school. The data they have collected shows that 65% of the kids don t walk to Lakeview School due to the lack of sidewalks. Also 10% of the kids do walk or bike. He urged the Council to make an informed decision. G. Stephanie Vandeberg, 2505 Maple Grove Drive, loves the sidewalks by her house and knows neighbors without them that want them. H. Don Miller, 1555 Lyon Drive #328, expressed concern on where Neenah is spending money. He does not see a traffic problem when he walks that area. I. Mike Kading, President of the Fox Cities Greenways, asked why we build infrastructure to accommodate 4-wheel vehicular movement without question or comment yet when we have sidewalk and bike or pedestrian accommodations and projects we have to debate their merits over and over again. Pedestrians are no different than vehicles. He asked the

17 Council Proceedings March 18, 2015 Page 3 of 10 Council to take all members of the community into consideration when making this decision. J. William Fowler, 118 Alexander Drive, indicated he has no problems walking in his neighborhood. He asked the Council to consider the cost and effect to the people in the neighborhoods. His concern is that the sidewalks will limit a large portion of the front yards and driveways of those residents. The traffic does not warrant a need for sidewalks. K. Kim Wright, 2508 Marathon Avenue, supported the sidewalks to protect her son, her miracle. The cost is not that much compared to thinking she would never be a mom. To protect him is worth it. L. Josh Hauke, 2639 Marathon Avenue, spoke in support of sidewalks, as he feels safer walking on the sidewalk rather than the street. Walking in the streets can be a safety issue with poor drainage causing water to build up. M. Glenn Schroeder, 2406 Forest Manor Court, asked the Council to step back and decide the highest priority. He urged them to use their time and money efficiently. He suggested having a study done and a comprehensive plan before making any decision. The petition circulated in favor of sidewalks painted a bad picture of the area making it look unsafe. To date, we have seen very minimal facts relating to this issue. The facts do show that a speed study done on Marathon in 2012 after the speed bumps were put into place. It does not show speed being an issue. His concern is over incorrect information being spread around. The corner of Marathon and Castle Oak is a safety concern and should be addressed. He focused on projects he feels are priorities and need sidewalks: Peckham Street; Wilderness Park; Quarry Park; Riverside Park; Lakeshore Drive (Kimberly Point); Neenah Pool; and direct path to Shattuck Middle School. He showed pictures of some of these areas indicating he likes the idea of sharing the road. He asked the logic of this plan leaving one block on Castle Oak without sidewalk. It is difficult for him to understand the piece meal approach to sidewalks. He urged the Council to step back and look at the plan rather than stepping into it too quickly. N. Jeff Wierzba, 240 Parkwood Drive, spoke in opposition to the sidewalks. He expressed concern over this sidewalk issue splitting his subdivision. He agreed that there is more traffic since Marathon was opened up however educating people on the safest, quickest path to their destination would alleviate a lot of the traffic. Google maps route does not go down Marathon. O. Karen Steiner, 2413 Marathon Avenue, opposed the sidewalks. At age 22 she was hit by a car yet feels confident and safe walking down her street. P. Dan Steiner, 2413 Marathon Avenue, read an stating those opposing the sidewalks are not concerned about safety. They are concerned over the safety of children and pedestrians. He is a firm believer in maintaining civility in debates. People can and should be passionate in their positions but conjecture and personnel attacks should never pollute heavy discourse. We are all better than that. He addressed the fact that just because they are against sidewalks does not mean they have disregard over the safety of children. People across the board

18 Council Proceedings March 18, 2015 Page 4 of 10 perceive risk differently. This is based on different life experiences, information, motivations and perspective. He is only aware of two accidents that occurred on their block and sidewalks would have done nothing to prevent pedestrians in both those instances. There are many risks in this world. We need to rationally assess where limited resources should be allocated and address high-risk areas first. Q. Katherine Kivett, 2509 Marathon Avenue, spoke in favor of the sidewalks for the safety of her daughter. She moved to this area for the safety since Neenah is known as Police City USA. It is disappointing to her to hear they may not have sidewalks. R. Linda Garvey, 105 Alexander Drive, opposed the sidewalk, as she does not see the unsafe conditions. She grew up in Neenah then recently moved back. One of the reasons they bought the house is because they do not have a sidewalk. One concern is how to divert the water from her sump pump. She does not see the unsafe conditions. She asked why we spend money frivolously. The Council has a fiduciary responsibility to the city and this does not make sense to her. S. Kristin Ely-Bluemke, 2411 Maple Grove Drive, spoke in opposition to the sidewalks. She shared some points from the Guidelines for Conduct of Council Members taken from the City of Neenah Council Orientation Manual which basically say to listen and keep an open mind to all viewpoints, treat everyone with respect and maintain a professional attitude. In trying to get a better understanding of the different viewpoints of the members of the Common Council she made an open records request for s relating to these sidewalk projects. She read and expressed concern over comments made in several of these s. She took offense to the comment that those opposing the sidewalks are not concerned with the safety of our children. When talking about sidewalks in sleepy neighborhoods, like hers, safety is not the issue. Another concern is street rating and the outdated sidewalk/trail map that some aldermen consider the bible. She asked for a better understanding of the lack of sidewalk on South Park when her neighborhood is being required to have sidewalks. T. Roger Orlady, 313 Kenwood Drive, indicated one of his main reasons for moving to Forest Manor is because of the trees. He is not anti-sidewalk as there are many areas where they are needed and significantly improve safety. He strongly does not feel the Forest Manor is one that needs significant safety improvement. He is a big fan of networking the trails/sidewalks. He agreed that Marathon is not considered safe but not due to lack of sidewalks, due to pedestrians walking in the wrong direction. Pedestrians should walk into the traffic not with the traffic. Marathon is a very safe place to walk if walking into the traffic. He feels Neenah could find a better use for those funds. He supports the loop and twin trestle bridge project. U. Jane Harm, 2604 Maple Grove Drive, loves the sidewalks on her street and feels the sidewalks do make it safer. Her street is a dead end and has sidewalks on both sides. She would like to see the sidewalks connect

19 Council Proceedings March 18, 2015 Page 5 of 10 throughout the neighborhood. She does not feel safe crossing Marathon Avenue. V. Steve Helein, 129 Alexander Drive, opposed the sidewalks, as there is not much traffic on his street. W. Lois Schultz, 125 Alexander Drive, indicated she bought her house because it had no sidewalks and no sidewalk maintenance. Her neighborhood is more of an adult neighborhood therefore opposes the sidewalks. X. Mike Peotter, 2433 Marathon Avenue, opposed the sidewalks. Of the 104 residents only 5 want sidewalks. He asked if there are other areas that would benefit more from sidewalks. Y. Susan Benner, 1583 Worth Avenue, supported the sidewalks not only on Marathon, Alexander, Bruce and Castle Oak but Carriage and Secretariat as well. Z. Scott Hoelzel, 2500 Maple Grove Drive, supported the sidewalks and networking the sidewalks within the city to get to schools and parks safely. He favors separating vehicular from pedestrian traffic. AA. Monica Ammerman, 2429 Forest Manor Court, supports the sidewalks on Marathon as she does see a need. Sidewalks are safe and she sees a strong support of sidewalks. The main debate has been about the sidewalks on Marathon. She reviewed a map showing the current and proposed sidewalks in that area explaining the proposed sidewalk areas. She supports networking the sidewalks/trails to the various locations. She feels it just makes sense. BB. Bruce Levenhagen, 314 Parkwood Drive, agrees with the safety concerns on Marathon but does not see the need to cut down trees. Neenah is known as a Tree City therefore that should be our last resort. The pedestrian traffic to the north of the park on Bell Street also needs to be addressed. CC. There being no further appearances, Mayor Kaufert declared the public hearing closed. DD. At the request of Mayor Kaufert, City Atty. Godlewski advised that following the special assessment public hearing tonight, action on the final resolution for these street projects will occur at the April 1, 2015 meeting. Subsequent action will be on April 21, 2015 when the Capital Improvement Program will be before the Council for consideration. The first year is the 2015 budget and includes these sidewalk projects. EE. Mayor Kaufert thanked those present for their input and thanked the Council for listening. FF. Ald. Hillstrom expressed concern over comments made during the public hearing. If people don t know, they should be courteous enough to ask and he wasn t asked. Everyone has an opinion and should share that opinion. It is frustrating. Plan Commission Report Pertaining to the Public Hearings I. Ald. Hamblin reported the regular meeting of February 24, 2015:

20 Council Proceedings March 18, 2015 Page 6 of 10 A. Commission recommends Council approve Resolution # to allow for the proposed boundaries and Project Plan for TID #9. (Reported out at the March 4, 2015 Council meeting however State Stats. requires a twoweek period between approvals for TIF Districts. (Resolution to follow) Consideration of Resolution Pertaining to the Public Hearings I. Resolution No to allow for the proposed boundaries and Project Plan for TID #9 was presented. A. MS Ramos/Pollnow to adopt Resolution No B. At the request of Ald. Pollnow, Dir. Haese indicated TIF Districts are one of the most popular opportunities for a municipality to facilitate development within the community. The community makes an investment in a district then the community is paid back with the increment from that district. Once the debt is paid the district is closed and in most cases create an increase in the tax base. Generally projects within a TIF district are unlikely to occur without the assistance of the city. TIF District No. 9 is a redevelopment of an existing developed property. In this case, we are removing an office building (Menasha Corp.) that has a high degree of obsolescence and replacing it with a new structure. The new building has an estimated increment of about $10 million dollars. The city is bringing investment in the form of $400,000 in public improvements for turn lanes and a pedestrian element. In addition there is an incentive provided to the developer in the form of cash incentive. Essentially, once we collect additional taxes on this new building a portion of those taxes will be given back to the developer to support investment they have made in the project as well. This TIF is projected to close in 13 years. If all assumptions are met, this district will have a high potential of succeeding in a relatively short period. C. Ald. Pollnow added that all the taxing entities, the Joint Review Board, met to approve this. D. Motion carried, by a 9-0 RollCall-Pro System vote, all voting aye. Consent Agenda I. MSCRP Ramos/Pollnow to approve the Consent Agenda as follows: A. Approve the Beverage Operator License Applications for: Cynthia D. Peterson and Ryan T. Polakoski. (PSSC) B. Approve the request for a retail Class B" malt and liquor license for North American Hotel Group, LLC, d/b/a Riverwalk Hotel Downtown Neenah, 123 E. Wisconsin Avenue, Eric Smith, agent, contingent upon passing all inspections. (PSSC) C. Approve the request for a retail Class B" malt and liquor license for Off the Vine Woodfire Pizza Co., LLC, d/b/a Broken Tree Pizza, 124 E. Wisconsin Avenue, Emily Schreinder, agent, contingent upon passing all inspections. (PSSC) D. All voting aye.

21 Council Proceedings March 18, 2015 Page 7 of 10 Public Services and Safety Committee I. Chairman Hillstrom reported the regular meeting of March 10, 2015: A. Committee recommends Council approve Resolution , adopting the Comprehensive Outdoor Recreation Plan. (Resolution to follow) B. Committee recommends Council approve Ordinance , Amending the Animal Code Relating to Dangerous Animals as corrected to delete the phrase to the Common Council in Section 5(1). (Ordinance to follow) C. Committee recommends Council approve Ordinance , Permit to Raise Mason Bees. (Ordinance to follow) D. MSCRP Hillstrom/Lendrum to send the Beverage Operator License Application for Kelli M. Gold back to the Public Services & Safety Committee for further discussion, all voting aye. Finance and Personnel Committee I. Chairman Ramos reported the regular meeting of March 9, 2015: A. Committee recommends Council approve the Castle Oak IV Development Agreement. (To be acted on following a report from the Board of Public Works meeting of March 10, 2015) B. Committee recommends Council authorize the purchase of an HP Designjet T2500 PS emultifunction Printer from FRV Incorporated at a cost not to exceed $10,500. MSCRP Ramos/Bates, all voting aye. C. Committee recommends Council authorize purchasing a Time and Attendance System from ExecuTime for a cost not to exceed $78,000. Funding for this purchase consists of $47,000 carried forward from Information Systems 2012 CIP budget and $31,000 approved in Information Systems 2015 Capital Budget. MSCRP Ramos/Pollnow, all voting aye. D. Committee recommends Council approve 2014 Operating Budget Carry Forwards to 2015 requests for a total carry forward of $7,800 as presented and attached. MSCRP Ramos/Bates, all voting aye. Plan Commission I. Ald. Hamblin reported the regular meeting of March 10, 2015: A. Commission recommends Council approve the Final Plat of the Castle Oak IV Subdivision. (Development Agreement to be acted on following a report of the Board of Public Works meeting of March 10, 2015) B. Commission recommends Council direct Staff to study the feasibility of requiring LED streetlights in new subdivisions and report back to Public Services & Safety Committee. MSCRP Hamblin/Ramos, all voting aye. Neenah-Menasha Joint Fire Rescue Finance & Personnel Committee I. Ald. Ramos reported the regular meeting of February 24, 2015:

22 Council Proceedings March 18, 2015 Page 8 of 10 A. Committee recommends the City of Neenah and City of Menasha Common Councils approve the Extended Contract for Statewide Structural Collapse Team Members and amend the contract period for January 1, 2015 through December 31, MSCRP Ramos/Bates, all voting aye. B. Committee recommends the City of Neenah and City of Menasha Common Councils approve the 2014 Capital Hardware Outlay Carry Forward Request of $4, and place in the 2015 Capital Computer Hardware Outlay line item, account # , for a total of $9, in that line item for MSCRP Ramos/Erickson, all voting aye. C. Committee recommends the City of Neenah Common Council approve the quote from Servpro to perform the Station 32 apparatus bay cleaning for a cost not to exceed $7, MSCRP Ramos/Bates, all voting aye. Plan Commission I. The report earlier on the agenda from the Plan Commission Committee meeting of March 10, 2015 recommended Council approve the Final Plat of the Castle Oak IV Subdivision. No vote was taken. Mayor Kaufert asked for a motion and second to approve the Final Plat. MSCRP Hamblin/Pollnow to approve the Final Plat of the Castle Oak IV Subdivision, all voting aye. Board of Public Works I. Vice Chairman Hamblin reported the meeting of March 10, 2015: A. Council Action Items: 1. The Board recommends Council award Contract 1-15 Miscellaneous Sewer and Water Main Construction and Street Construction on Bridgewood Drive, Meadowview Street, Green Meadows Street, Hillcrest Place, Elmwood Court, Jean Street and Green Street to Van Straten Construction, in the amount of $1,456, MSCRP Hamblin/Pollnow, all voting aye. 2. The Board recommends Council approve the Development Agreement for Castle Oak IV Subdivision. MSCRP Hamblin/Ramos, all voting aye. Ordinances I. Ordinance No amending Code 10-3(15) to permit raising Mason Bees in the City of Neenah was presented. A. MS Hillstrom/Pollnow to adopt Ordinance No MSCRP Bates/Ramos to amend the motion to add provided any mason bee house be located a minimum of 3 from the lot line, all voting aye, Ald. Kunz. Lendrum and Pollnow voting nay. B. The original motion, as amended carried by a 9-0 RollCall-Pro System vote, all voting aye.

23 Council Proceedings March 18, 2015 Page 9 of 10 II. Ordinance No amending Code 3 1, Definitions, and 3-16 creating a designation of Potentially Dangerous Animal and providing for the regulation thereof was presented. MS Bates/Hillstrom to adopt Ordinance No A. MS Bates/Lendrum to amend Ordinance No adding the word full before the Public Services & Safety Committee to ensure all five members of the Committee are present. B. MSC Bates/Ramos to refer Ordinance No amending Code 3 1, Definitions, and 3-16 creating a designation of Potentially Dangerous Animal and providing for the regulation thereof back to the Public Services & Safety Committee, all voting aye. Resolutions I. Resolution No approving the Park & Recreation Comprehensive Outdoor Recreation Plan was presented. A. MSCRP Hillstrom/Kunz to adopt Resolution No , all voting aye. Adjournment I. MSC Pollnow/Ramos to adjourn at 11:00 p.m., all voting aye. Patricia A. Sturn, WCPC/MMC

24

25 COMMON COUNCIL MINUTES Wednesday, March 18, :00 p.m. The Common Council of the City of Neenah, Winnebago County, Wisconsin, met in regular session at 7:00 p.m., March 18, 2015 in the Council Chambers of Neenah City Hall. Mayor Kaufert in the chair. Present: Aldermen Lendrum, Bates, Hamblin, Pollnow, Erickson, Hillstrom, Ramos, Kunz and Lang, City Attorney Godlewski and City Clerk Sturn. Also Present: Director of Finance Easker, Director of Community Development & Assessment Haese, Director of Public Works Kaiser, Fire Chief Auxier, Deputy Fire Chief Green, Building Inspector Walter, Fire Dept Office Manager Theisen, Firefighter Martinez and his wife Lacy, several members of the Neenah-Menasha Fire Rescue, Police Chief Wilkinson, Director of Information Systems Wenninger, City Engineers Eckhart & Merton, Aldermanic Candidate Stevenson, Melissa Kraemer-Badtke & Mike Patza & Lauron Hinch with East Central Wisconsin Regional Planning Commission, Michael Kading of Fox Cities Greenways, Katherine & Sydney Kivett, Karen Schumacher, Monica & Nick Ammerman, Stephanie Vandeberg, Ellie DeShaney, Denise Elmer, Tim Hoks, Scott Hoelzel, Forrest & Victoria Bates, Kim Wright, Jeffrey, Morgan & Jane Harm, Kate Hancock-Cooke, Bruce Levenhagen, Anthony & Eulalie Leiton, William & Cheryl Fowler, Darin & Cheryl Newton, Josh & Amee Hauke, Don & Sandy Miller, Dan McIntosh, Chris Peotter, Josh & Amanda Preissner, Judy Zaretzke, Steven Helein, Richard Wangard, Irene Scheer, Regina Uerkwitz, Lois Schultz, Mary Jo Davey, Linda Garvey, Leah Wilson, Amy Keesler, Lindy Eake, Nancy Prahl, Jeff & Chris Swoboda, Cheryl Zadrazil, Judy Mead, Ellen Irons, Roger Orlady, Deb Shaffer, Judy Scheihing, Glenn & Connie Schroeder, Jeff Wierzba, Elizabeth Wiedenhaft, Dan & Karen Steiner, Kristin Ely-Bluemke, Michelle Dunning, Dwight Kerr and Russ & Marlene Noren. 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. Swearing In Ceremony I. Chief Auxier thanked the Mayor and Council for the opportunity to introduce newly hired Firefighter Jaime Martinez, Jr. and his wife of one year Lacy. He gave a brief history of his background and qualifications. He was born in Texas and his family moved to Sheboygan Wisconsin when he was six. He graduated from Sheboygan High School. After a brief time at University of Whitewater he decided to change his career path and joined the U.S. Marine Corps. He was an air traffic control technician. While stationed in Jacksonville North Carolina he served three tours of duty in Iraq and Afghanistan. He thanked him for that commitment to his country. After his time in the military Jaime returned to Wisconsin and pursued a career in firefighting. He

26 Council Minutes March 18, 2015 Page 2 of 14 completed the program at FVTC and worked as a volunteer on the Greenville Fire Department. Chief Auxier asked the clerk to swear in Firefighter Martinez. A. Clerk Sturn administered the oath of office to Firefighter Martinez. B. Jaime s wife Lacy pinned on his badge. C. Chief Auxier congratulated Jaime on becoming the newest member of the NM Fire Rescue. D. Jaime Martinez thanked the Cities of Neenah and Menasha for this opportunity. He looks forward to fulfilling his lifelong dream. E. Mayor Kaufert, on behalf of the entire Council, welcomed Jaime and thanked him for his interest in serving our community. He wished him a long great career with the NM Fire Rescue. Council Proceedings I. MSCRP Ramos/Pollnow to approve the Council Proceedings of March 4,2015 regular session, all voting aye. Public Hearings I. Consider the proposed Project Plan and boundaries for the creation of Tax Increment District (TID) #9. A. There being no appearances, Mayor Kaufert declared the public hearing closed. II. Consider the installation of sidewalk on Alexander Drive (Bruce to Commercial), Bruce Street (Parkwood to Castle Oak), Marathon Avenue (Parkwood to Castle Oak) and Castle Oak Drive (Industrial to Marathon). A. Denise Elmer, 2500 Bishops Lane, supported the sidewalks on Bruce and Marathon, as there is no safe access to the park at this time. Her subdivision has younger families with children and pets that frequently walk that neighborhood. She asked the City to provide them a safe route. B. Karen Schumaker, 314 Naymut Street, Menasha, shared the tragic story of her daughter losing her life while walking on Breezewood Lane due to the fact there were no sidewalks. It is beyond her comprehension that there is discussion about whether sidewalks are necessary or a good thing. She asked the Council to make Neenah consistently safe for all residents. C. Rich Wangard, 134 Alexander Drive, opposed the sidewalks as it puts a financial burden on the residents on Alexander Drive. He does not feel the pedestrian traffic warrants sidewalks. His concern is also that the sidewalks on Alexander Drive would be from the front doors and windows of some residents. He resubmitted the petition filed earlier in opposition to the sidewalks expressing concern over city government going against the wish of its citizens. D. Anthony Leiton and his son Kaden, 2523 Bruce Court, spoke in support of the sidewalks. Kaden said he likes to ride his bike on the sidewalk where it is safe. Anthony indicated he brought his family, wife and three children, out hoping they could make a difference. They travel Alexander frequently to go to the grocery store or the pool. He asked to keep the sidewalk project in for their safety.

27 Council Minutes March 18, 2015 Page 3 of 14 E. Michelle Dunning, 224 Parkwood Drive, opposed the sidewalks. Contrary to what some people have indicated, she does walk with her dogs and her boys at various times of the day and never felt unsafe. She feels the pedestrian traffic does not warrant sidewalks. The open retention ponds could be a safety issue. F. Mike Patza with East Central Wisconsin Regional Planning Commission indicated the Commission has been working on its Safe Routes to Schools Program since 2009 to encourage more kids to walk and/or ride bikes to school. The data they have collected shows that 65% of the kids don t walk to Lakeview School due to the lack of sidewalks. Also 10% of the kids do walk or bike. He urged the Council to make an informed decision. G. Stephanie Vandeberg, 2505 Maple Grove Drive, loves the sidewalks by her house and knows neighbors without them that want them. H. Don Miller, 1555 Lyon Drive #328, expressed concern on where Neenah is spending money. He does not see a traffic problem when he walks that area. I. Mike Kading, President of the Fox Cities Greenways, asked why we build infrastructure to accommodate 4-wheel vehicular movement without question or comment yet when we have sidewalk and bike or pedestrian accommodations and projects we have to debate their merits over and over again. Pedestrians are no different than vehicles. He asked the Council to take all members of the community into consideration when making this decision. J. William Fowler, 118 Alexander Drive, indicated he has no problems walking in his neighborhood. He asked the Council to consider the cost and effect to the people in the neighborhoods. His concern is that the sidewalks will limit a large portion of the front yards and driveways of those residents. The traffic does not warrant a need for sidewalks. K. Kim Wright, 2508 Marathon Avenue, supported the sidewalks to protect her son, her miracle. The cost is not that much compared to thinking she would never be a mom. To protect him is worth it. L. Josh Hauke, 2639 Marathon Avenue, spoke in support of sidewalks, as he feels safer walking on the sidewalk rather than the street. Walking in the streets can be a safety issue with poor drainage causing water to build up. M. Glenn Schroeder, 2406 Forest Manor Court, asked the Council to step back and decide the highest priority. He urged them to use their time and money efficiently. He suggested having a study done and a comprehensive plan before making any decision. The petition circulated in favor of sidewalks painted a bad picture of the area making it look unsafe. To date, we have seen very minimal facts relating to this issue. The facts do show that a speed study done on Marathon in 2012 after the speed bumps were put into place. It does not show speed being an issue. His concern is over incorrect information being spread around. The corner of Marathon and Castle Oak is a safety concern and should be addressed. He focused on projects he feels are priorities and need sidewalks: Peckham Street; Wilderness Park; Quarry Park; Riverside Park; Lakeshore Drive (Kimberly Point); Neenah Pool; and direct path to Shattuck Middle School. He showed pictures of some of these areas indicating he likes the idea of sharing the road. He asked the logic of this plan leaving one block on Castle Oak without sidewalk. It is difficult for

28 Council Minutes March 18, 2015 Page 4 of 14 him to understand the piece meal approach to sidewalks. He urged the Council to step back and look at the plan rather than stepping into it too quickly. N. Jeff Wierzba, 240 Parkwood Drive, spoke in opposition to the sidewalks. He expressed concern over this sidewalk issue splitting his subdivision. He agreed that there is more traffic since Marathon was opened up however educating people on the safest, quickest path to their destination would alleviate a lot of the traffic. Google maps route does not go down Marathon. O. Karen Steiner, 2413 Marathon Avenue, opposed the sidewalks. At age 22 she was hit by a car yet feels confident and safe walking down her street. P. Dan Steiner, 2413 Marathon Avenue, read an stating those opposing the sidewalks are not concerned about safety. They are concerned over the safety of children and pedestrians. He is a firm believer in maintaining civility in debates. People can and should be passionate in their positions but conjecture and personnel attacks should never pollute heavy discourse. We are all better than that. He addressed the fact that just because they are against sidewalks does not mean they have disregard over the safety of children. People across the board perceive risk differently. This is based on different life experiences, information, motivations and perspective. He is only aware of two accidents that occurred on their block and sidewalks would have done nothing to prevent pedestrians in both those instances. There are many risks in this world. We need to rationally assess where limited resources should be allocated and address high-risk areas first. Q. Katherine Kivett, 2509 Marathon Avenue, spoke in favor of the sidewalks for the safety of her daughter. She moved to this area for the safety since Neenah is known as Police City USA. It is disappointing to her to hear they may not have sidewalks. R. Linda Garvey, 105 Alexander Drive, opposed the sidewalk, as she does not see the unsafe conditions. She grew up in Neenah then recently moved back. One of the reasons they bought the house is because they do not have a sidewalk. One concern is how to divert the water from her sump pump. She does not see the unsafe conditions. She asked why we spend money frivolously. The Council has a fiduciary responsibility to the city and this does not make sense to her. S. Kristin Ely-Bluemke, 2411 Maple Grove Drive, spoke in opposition to the sidewalks. She shared some points from the Guidelines for Conduct of Council Members taken from the City of Neenah Council Orientation Manual which basically say to listen and keep an open mind to all viewpoints, treat everyone with respect and maintain a professional attitude. In trying to get a better understanding of the different viewpoints of the members of the Common Council she made an open records request for s relating to these sidewalk projects. She read and expressed concern over comments made in several of these s. She took offense to the comment that those opposing the sidewalks are not concerned with the safety of our children. When talking about sidewalks in sleepy neighborhoods, like hers, safety is not the issue. Another concern is street rating and the outdated sidewalk/trail map that some aldermen consider the bible. She asked for a

29 Council Minutes March 18, 2015 Page 5 of 14 better understanding of the lack of sidewalk on South Park when her neighborhood is being required to have sidewalks. T. Roger Orlady, 313 Kenwood Drive, indicated one of his main reasons for moving to Forest Manor is because of the trees. He is not anti-sidewalk as there are many areas where they are needed and significantly improve safety. He strongly does not feel the Forest Manor is one that needs significant safety improvement. He is a big fan of networking the trails/sidewalks. He agreed that Marathon is not considered safe but not due to lack of sidewalks, due to pedestrians walking in the wrong direction. Pedestrians should walk into the traffic not with the traffic. Marathon is a very safe place to walk if walking into the traffic. He feels Neenah could find a better use for those funds. He supports the loop and twin trestle bridge project. U. Jane Harm, 2604 Maple Grove Drive, loves the sidewalks on her street and feels the sidewalks do make it safer. Her street is a dead end and has sidewalks on both sides. She would like to see the sidewalks connect throughout the neighborhood. She does not feel safe crossing Marathon Avenue. V. Steve Helein, 129 Alexander Drive, opposed the sidewalks, as there is not much traffic on his street. W. Lois Schultz, 125 Alexander Drive, indicated she bought her house because it had no sidewalks and no sidewalk maintenance. Her neighborhood is more of an adult neighborhood therefore opposes the sidewalks. X. Mike Peotter, 2433 Marathon Avenue, opposed the sidewalks. Of the 104 residents only 5 want sidewalks. He asked if there are other areas that would benefit more from sidewalks. Y. Susan Benner, 1583 Worth Avenue, supported the sidewalks not only on Marathon, Alexander, Bruce and Castle Oak but Carriage and Secretariat as well. Z. Scott Hoelzel, 2500 Maple Grove Drive, supported the sidewalks and networking the sidewalks within the city to get to schools and parks safely. He favors separating vehicular from pedestrian traffic. AA. Monica Ammerman, 2429 Forest Manor Court, supports the sidewalks on Marathon as she does see a need. Sidewalks are safe and she sees a strong support of sidewalks. The main debate has been about the sidewalks on Marathon. She reviewed a map showing the current and proposed sidewalks in that area explaining the proposed sidewalk areas. She supports networking the sidewalks/trails to the various locations. She feels it just makes sense. BB. Bruce Levenhagen, 314 Parkwood Drive, agrees with the safety concerns on Marathon but does not see the need to cut down trees. Neenah is known as a Tree City therefore that should be our last resort. The pedestrian traffic to the north of the park on Bell Street also needs to be addressed. CC. There being no further appearances, Mayor Kaufert declared the public hearing closed. DD. At the request of Mayor Kaufert, City Atty. Godlewski advised that following the special assessment public hearing tonight, action on the final resolution for these street projects will occur at the April 1, 2015 meeting. Subsequent action

30 Council Minutes March 18, 2015 Page 6 of 14 EE. FF. will be on April 21, 2015 when the Capital Improvement Program will be before the Council for consideration. The first year is the 2015 budget and includes these sidewalk projects. Mayor Kaufert thanked those present for their input and thanked the Council for listening. Ald. Hillstrom expressed concern over comments made during the public hearing. If people don t know, they should be courteous enough to ask and he wasn t asked. Everyone has an opinion and should share that opinion. It is frustrating. Mayor Kaufert asked and received a unanimous consent to proceed with the public forum followed by a short break prior to continuing with the rest of the agenda. Public Forum I. Kate Hancock-Cooke, 216 Bosworth Court, advised everyone that she currently serves on the Park & Recreation Commission as well as the Plan Commission. She indicated the Plan Commission and Public Services & Safety Committee had a lot of discussion on the Castle Oak IV Plat. The Plan Commission felt this is the perfect opportunity to evaluate the possibility of LED street lights in the neighborhood. They have been waiting since 2007 for WE Energies to come up with a rate plan for the LED lights. She indicated many of our city ordinances are significantly out of date relative to sustainable options. The City of Neenah adopted a resolution in 2008 to become an eco municipality and to try to achieve 25% of our energy needs from renewable resources by The city has done a lot but not big budget items that will save a lot of money in the future. LED lights won t cost any more money and will help us understand how that will reduce the overall energy load in the City of Neenah. As a bigger picture the Plan Commission needs to update the Comprehensive Plan, which is in the budget. The plan we are currently using is from She asked the Council to consider two things: when approving the plat, include language to encourage LED street lights; and put money in the budget to update the Comprehensive Plan. II. III. IV. Josh Preissner, 647 Winnebago Heights, supported Ordinance No to permit raising mason bees. As a mason bee owner and a member of the Sustainable Neenah Committee he brought this ordinance to the attention of the committee. It is a way of helping the gardeners in the city. He hopes they consider the benefit they give to the community when making the decision. Irene Scheer, 457 Lowell Place, supported Ordinance No to permit raising mason bees. She was a beekeeper. She learned that bee houses were illegal by city ordinance. To he that is like saying birdhouses are illegal because a mason bee is as free as any bird. It blows her mind. She urged the Council to adopt the ordinance. There being no further appearances, Mayor Kaufert declared the public forum closed. Mayor/Council Consideration of Public Forum Issues

31 Council Minutes March 18, 2015 Page 7 of 14 I. Mayor Kaufert thanked Josh Preissner for the information he provided to the Public Services & Safety Committee regarding the mason bees. II. Ald. Kunz asked Dir. Haese to respond to the concern over the Comprehensive Plan. A. Dir. Haese indicated it is in the budget and they are moving forward on that Mayor Kaufert took a 10-minute recess at 9:35 pm. Mayor Kaufert reconvened at 9:45 pm. Plan Commission Report Pertaining to the Public Hearings I. Ald. Hamblin reported the regular meeting of February 24, 2015: A. Commission recommends Council approve Resolution # to allow for the proposed boundaries and Project Plan for TID #9. (Reported out at the March 4, 2015 Council meeting however State Stats. requires a two-week period between approvals for TIF Districts. (Resolution to follow) Consideration of Resolution Pertaining to the Public Hearing I. Resolution No to allow for the proposed boundaries and Project Plan for TID #9 was presented. A. MS Ramos/Pollnow to adopt Resolution No B. At the request of Ald. Pollnow, Dir. Haese indicated TIF Districts are one of the most popular opportunities for a municipality to facilitate development within the community. The community makes an investment in a district then the community is paid back with the increment from that district. Once the debt is paid the district is closed and in most cases create an increase in the tax base. Generally projects within a TIF district are unlikely to occur without the assistance of the city. TIF District No. 9 is a redevelopment of an existing developed property. In this case, we are removing an office building (Menasha Corp.) that has a high degree of obsolescence and replacing it with a new structure. The new building has an estimated increment of about $10 million dollars. The city is bringing investment in the form of $400,000 in public improvements for turn lanes and a pedestrian element. In addition there is an incentive provided to the developer in the form of cash incentive. Essentially, once we collect additional taxes on this new building a portion of those taxes will be given back to the developer to support investment they have made in the project as well. This TIF is projected to close in 13 years. If all assumptions are met, this district will have a high potential of succeeding in a relatively short period. C. Ald. Pollnow added that all the taxing entities, the Joint Review Board, met to approve this. D. Motion carried, by a 9-0 RollCall-Pro System vote, all voting aye. Consent Agenda

32 Council Minutes March 18, 2015 Page 8 of 14 I. MSCRP Ramos/Pollnow to approve the Consent Agenda as follows: A. Approve the Beverage Operator License Applications for: Cynthia D. Peterson and Ryan T. Polakoski. (PSSC) B. Approve the request for a retail Class B" malt and liquor license for North American Hotel Group, LLC, d/b/a Riverwalk Hotel Downtown Neenah, 123 E. Wisconsin Avenue, Eric Smith, agent, contingent upon passing all inspections. (PSSC) C. Approve the request for a retail Class B" malt and liquor license for Off the Vine Woodfire Pizza Co., LLC, d/b/a Broken Tree Pizza, 124 E. Wisconsin Avenue, Emily Schreinder, agent, contingent upon passing all inspections. (PSSC) D. All voting aye. Public Services and Safety Committee I. Chairman Hillstrom reported the regular meeting of March 10, 2015: A. Committee recommends Council approve Resolution , adopting the Comprehensive Outdoor Recreation Plan. (Resolution to follow) B. Committee recommends Council approve Ordinance , Amending the Animal Code Relating to Dangerous Animals as corrected to delete the phrase to the Common Council in Section 5(1). (Ordinance to follow) C. Committee recommends Council approve Ordinance , Permit to Raise Mason Bees. (Ordinance to follow) D. Committee recommends Council approve the Beverage Operator License Application for Kelli M. Gold. Following the Committee recommendation to approve this application, the Police Department sent a recommendation to deny due to not disclosing a retail theft citation in Per the memo from City Atty. Godlewski he would like this sent back to Committee. 1. MSCRP Hillstrom/Lendrum to send the Beverage Operator License Application for Kelli M. Gold back to the Public Services & Safety Committee for further discussion, all voting aye. Finance and Personnel Committee I. Chairman Ramos reported the regular meeting of March 9, 2015: A. Committee recommends Council approve the Castle Oak IV Development Agreement. (To be acted on following a report from the Board of Public Works meeting of March 10, 2015) B. Committee recommends Council authorize the purchase of an HP Designjet T2500 PS emultifunction Printer from FRV Incorporated at a cost not to exceed $10,500. MSCRP Ramos/Bates, all voting aye. C. Committee recommends Council authorize purchasing a Time and Attendance System from ExecuTime for a cost not to exceed $78,000. Funding for this purchase consists of $47,000 carried forward from Information Systems 2012 CIP budget and $31,000 approved in Information Systems 2015 Capital Budget. MS Ramos/Pollnow.

33 Council Minutes March 18, 2015 Page 9 of Dir. Wenninger responded to the questions raised in committee regarding the advanced scheduling module. The memo he provided indicated that he was able to find one reference. The issues he ran into is that the module has been around for about three years. The latest release carries the features and capabilities other municipalities were excited about. With that being released mid year last year everyone was in the same boat as we are. They had to secure funding for 2015 to purchase it. There are a handful of communities that have purchased and are implementing it but are not done, another handful going through the purchase and others in the process of analyzing this purchase. He urged moving forward with the project based on ExecuTime s rave reviews from other customers. 2. Motion carried by a 9-0 RollCall-Pro System vote, all voting aye. D. Committee recommends Council approve 2014 Operating Budget Carry Forwards to 2015 requests for a total carry forward of $7,800 as presented and attached. MSCRP Ramos/Bates, all voting aye. Plan Commission I. Ald. Hamblin reported the regular meeting of March 10, 2015: A. Commission recommends Council approve the Final Plat of the Castle Oak IV Subdivision. (Development Agreement to be acted on following a report of the Board of Public Works meeting of March 10, 2015) B. Commission recommends Council direct Staff to study the feasibility of requiring LED streetlights in new subdivisions and report back to Public Services & Safety Committee. MSCRP Hamblin/Ramos, all voting aye. Neenah-Menasha Joint Fire Rescue Finance & Personnel Committee I. Ald. Ramos reported the regular meeting of February 24, 2015: A. Committee recommends the City of Neenah and City of Menasha Common Councils approve the Extended Contract for Statewide Structural Collapse Team Members and amend the contract period for January 1, 2015 through December 31, MSCRP Ramos/Bates, all voting aye. B. Committee recommends the City of Neenah and City of Menasha Common Councils approve the 2014 Capital Hardware Outlay Carry Forward Request of $4, and place in the 2015 Capital Computer Hardware Outlay line item, account # , for a total of $9, in that line item for MSCRP Ramos/Erickson, all voting aye. C. Committee recommends the City of Neenah Common Council approve the quote from Servpro to perform the Station 32 apparatus bay cleaning for a cost not to exceed $7, MSCRP Ramos/Bates, all voting aye. Plan Commission I. The report earlier on the agenda from the Plan Commission Committee meeting of March 10, 2015 recommended Council approve the Final Plat of the Castle Oak IV

34 Council Minutes March 18, 2015 Page 10 of 14 Subdivision. No vote was taken. Mayor Kaufert asked for a motion and second to approve the Final Plat. MSCRP Hamblin/Pollnow to approve the Final Plat of the Castle Oak IV Subdivision, all voting aye. Board of Public Works I. Vice Chairman Hamblin reported the meeting of March 10, 2015: A. Council Action Items: 1. The Board recommends Council award Contract 1-15 Miscellaneous Sewer and Water Main Construction and Street Construction on Bridgewood Drive, Meadowview Street, Green Meadows Street, Hillcrest Place, Elmwood Court, Jean Street and Green Street to Van Straten Construction, in the amount of $1,456, MSCRP Hamblin/Pollnow, all voting aye. 2. The Board recommends Council approve the Development Agreement for Castle Oak IV Subdivision. MS Hamblin/Ramos. a) Ald. Bates asked how many homes we are talking about in this subdivision. b) Dir. Haese clarified 21 homes. c) Mayor Kaufert advised that the committee felt at this point of the process it was probably too late to ask this particular developer to use LED lights. d) Ald. Kunz added that our ordinance state that we go through WE Energies therefore we are limited until an ordinance change is done to give us that flexibility. It is certainly something we need to look at for the future. e) Ald. Pollnow indicated going with LED lighting takes revenue out of WE Energies pocket. They are not in too much of a hurry to help us out. f) Motion carried, by the RollCall-Pro System, all voting aye. Sustainable Neenah Committee I. Ald. Kunz reported from the Sustainable Neenah Committee: A. Ald. Kunz thanked Josh and other citizens for stepping forward to put things together such as allowing citizens to raise mason bees. It is that kind of passion that make the committee strong. B. The committee sent a proposal to Finance & Personnel Committee to restructure the recycling fee. C. The committee is looking into community gardens. D. The committee is in the process of reviewing city ordinances that prevent them from moving forward with things such as LED lighting. Library Board I. Ald. Erickson reported from the Library Board meeting of March 18, 2015: A. Their first annual magazine sale held on March 28 th was a great success.

35 Council Minutes March 18, 2015 Page 11 of 14 Ordinances B. The library now has wireless printing available at the Reference Desk. C. Messaging is now available for hold items. D. A motorized scooter with a basket was donated to the library and will soon be available for customer to use. It can be checked out at the front desk. E. Over 1,400 programs took place last year at the Neenah Library and almost 30,000 patrons attended those programs. The library is very active and she encouraged everyone to visit the library. I. Ordinance No amending Code 10-3(15) to permit raising Mason Bees in the City of Neenah was presented. A. MS Hillstrom/Pollnow to adopt Ordinance No MS Bates/Ramos to amend the motion to add provided any mason bee house be located a minimum of 3 from the lot line. 2. Ald. Kunz opposed the amendment, as he does not know how this would be regulated. He does not see the issue and is happy to support the motion as presented. 3. Ald. Pollnow agreed with the logic of Ald. Kunz. He indicated we do not require doghouses and similar things be located a certain distance from the lot line. He does not understand the additional verbage. 4. Ald. Ramos supported the amendment. In many ordinances we have set backs for various reasons. The chicken ordinance requires a distance from adjacent properties. With an initiative like this it is reasonable to have some sort of set back from the adjacent property. 5. Ald. Bates indicated many people are concerned over bees. 6. The amendment carried by a 6-3 RollCall-Pro System vote, all voting aye, Ald. Kunz. Lendrum and Pollnow voting nay. B. The original motion, as amended carried by a 9-0 RollCall-Pro System vote, all voting aye. II. Ordinance No amending Code 3 1, Definitions, and 3-16 creating a designation of Potentially Dangerous Animal and providing for the regulation thereof was presented. A. MS Bates/Hillstrom to adopt Ordinance No B. Ald. Bates indicated leaving this at the committee level allows other aldermen an opportunity to assist the dog owner with the process as there would be others in their district that are not on the committee. She favors the ordinance as written. C. Ald. Pollnow noted that the additions to the ordinance are very positive. His concern is it changes the dynamic with the Public Services & Safety Committee (PSSC) being the final decision. It is concerning to him to have a process where the outcome is so stringent for the homeowner and a committee with a quorum of three decides. That is not a good process. If this does pass, as is, he questioned what would preclude an alderman from being an advocate for the resident at the committee.

36 Council Minutes March 18, 2015 Page 12 of 14 D. City Atty. Godlewski explained that if you are not part of the decision making tribunal you could not represent the person because you are not an attorney. It is a quasi-judicial process. If you are not part of the decision making process you could assist the resident but then you could not then be part of the closed session because you have biased yourself. If you keep the decision making to the committee, the other aldermen can provide information to the resident on the process. E. Ald. Pollnow expressed concern that the members of the committee, as the decision making body, cannot assist the resident. He favors the whole Council weighing in on these hearings. F. Ald. Bates suggested the PSSC be required to have a full committee. Leaving the decision to the committee gives the resident the opportunity to question any of the five other aldermen. G. Ald. Lendrum added that we have a City Attorney who could lead them through the process. Questions could be referred to him. She does not feel the aldermen should be answering any questions in a quasi-legal situation. H. City Atty. Godlewski agreed with Ald. Lendrum. The resident is provided information by the Clerk s Office and he does answer questions when they come up however he has to inform them that he is not representing them as he represents the City of Neenah. He can be in that position as he is not a decision maker. I. Ald. Lendrum expressed concern over treading on potentially dangerous legal territory if they are advocating for anyone in a situation like this. J. City Atty. Godlewski advised that typically he provides counsel to the committee. The Police Chief will handle his own prosecution. The only exception to that was the serious attack by the two pit bulls where the Assistant City Attorney from Appleton was called in as the counsel to the committee and he handled the prosecution on behalf of the Chief due to the complicated case. K. Ald. Pollnow expressed concern over the only option residents to lean on are the four aldermen that are not part of this process. Another concern is the anything an alderman on the committee would tell the resident could be used in the circuit court. L. Ald. Ramos supported the changes to the ordinance. He asked for clarification that appeals to the Police and Fire Commission and Board of Review are done through the circuit court. He feels it is reasonable to have the final decision at the PSSC level. M. City Atty. Godlewski indicated it is a little complicated but the simple answer is the Circuit Court. N. Ald. Pollnow indicated this process differs from Police & Fire Commissions and the Board of Review because those bodies are not comprised of elected officials. He feels it is troubling. He may walk the line helping someone. The process is intimidating. O. Ald. Bates added you would need to recuse yourself from the decision making process if you help someone. P. City Atty. Godlewski suggested adding the full before the Public Services & Safety Committee.

37 Council Minutes March 18, 2015 Page 13 of 14 Resolutions Q. MS Bates/Lendrum to amend Ordinance No adding the word full before the Public Services & Safety Committee to ensure all five members of the Committee are present. R. City Atty. Godlewski indicated this could be problematic if someone would need to recuse themselves. S. Mayor Kaufert indicated he would like to hold off on this until the next meeting to get questions answered. T. MSC Bates/Ramos to refer Ordinance No amending Code 3 1, Definitions, and 3-16 creating a designation of Potentially Dangerous Animal and providing for the regulation thereof back to the Public Services & Safety Committee, all voting aye. I. Resolution No approving the Park & Recreation Comprehensive Outdoor Recreation Plan was presented. A. MSCRP Hillstrom/Kunz to adopt Resolution No , all voting aye. Unfinished Business I. Mayor Kaufert reminded the Council that the April 21, 2015 Organizational Meeting has been moved up to 6:30 pm. A. Ald. Pollnow questioned the schedule for the standing committee meetings. B. Mayor Kaufert advised that the committee meetings were moved from April 6 & 7 to April 13 & 14 th. Department heads were asked to keep those agendas light due to the CIP input session scheduled for the April 21 st Organizational meeting. C. Dir. Easker responded to Ald. Pollnow indicating we are not required to have two meetings a month. If there are no urgent agenda items, those meetings will be cancelled. The CIP workshop is scheduled for April 6 th & 8 th. Adjournment I. MSC Pollnow/Ramos to adjourn at 11:00 p.m., all voting aye. Patricia A. Sturn, WCPC/MMC

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39 CITY OF NEENAH Public Services and Safety Committee Meeting Minutes Tuesday, March 24, :00 P.M. Council Chambers - City Administration Building Present: Chairman Hillstrom, Aldermen Bates, Hamblin, Lang and Lendrum Also Present: City Attorney Godlewski, Police Chief Wilkinson, Director of Public Works Kaiser, Traffic Engineer Merten, Ald. Pollnow, Ald. Kunz, Scott Hoelzel, Forrest Bates, Amy Barker, Ned Hughes A quorum of the Common Council was present, but no action of the Council was taken. MINUTES: Motion/Second/Carried Lendrum/Lang to approve the minutes of the March 10, 2015, regular meeting. All voting aye APPEARANCES: Forrest Bates, 2421 Woodland Terrace, addressed the Committee in support of sidewalk on Marathon Avenue. He noted the fatal result of a vehicle-pedestrian crash that he had dealt with as a physician. He stated that in vehicle pedestrian crashes, the pedestrian always loses and feels that it is prudent to put the sidewalk in to give pedestrians the option of walking on a safe, separated facility. Christopher Kunz, 707 Congress Place, addressed the Committee regarding the proposed changes to the dangerous animal ordinance. He expressed support for the changes that have been proposed and noted two additional items that concern him. First, he noted a concern with the long list of conditions that are attached to issuance and maintenance of a dangerous animal license. Second, he noted a concern with the seeming lack of consequence for the owner of an unlicensed animal that is involved in an incident. He suggested that the ordinance include a penalty provision for an unlicensed dangerous animal. Scott Hoelzel, 2500 Maple Grove Drive, addressed the Committee in support of the proposed sidewalk installations. He related his experience with vehicle-pedestrian crashes during his 25 years in law enforcement. He noted a specific crash that occurred on a road without sidewalk or street lights where a pedestrian was struck and killed by a low speed vehicle. Ned Hughes, 1140 Manor Drive - #104, addressed the Committee to encourage the City to expedite construction of an off-street trail on the west side of Pendleton Road between Gay Drive and Cecil Street. He noted that this trail is on the Sidewalk/Off-Street Trails map as a long-range project and that the street right-of-way width is sufficient to accommodate that trail. He noted that it is planned to eventually connect to the CTH CB trail. He related his observations of the increased number walkers, bicyclists and runners that use this section of Pendleton Road. Director Kaiser reviewed the land ownership considerations for connecting a trail on Pendleton Road to the CTH CB trail. He noted that the land acquisition needed to provide room for the street and trail connection from Cecil Street to CTH JJ has not survived past budgets. He noted that the planning concept was to construct the requested trail segment from Gay Drive to Cecil Street in conjunction with the trail from Cecil Street to CTH JJ. He confirmed that the road right-of-way width is adequate to accommodate an off-street trail. Ald. Lendrum requested that staff consider the use of on-street striped lanes instead of a trail. Chairman Hillstrom indicated that this could be a topic for a future meeting.

40 Public Services and Safety Committee Meeting March 24, 2015 Page 2 COUNCIL REFERRALS: Ordinance : Amending the Animal Code Relating to Dangerous Animals: City Attorney Godlewski reviewed that the main reason that the ordinance was sent back to Committee was to discuss the body that would hear appeals of dangerous animal declarations. The proposed ordinance has the Public Services and Safety Committee serving that role. It had been suggested that the Common Council should serve that role. He reiterated that the hearing body must be unbiased and render an objective decision based on the facts brought before them. They may not assist the appellant or the victim and cannot conduct their own fact-finding outside of the hearing. Ald. Bates related her search into hearing formats used by other communities, which ranged from an appointed appeal committee to a hearing examiner to a municipal judge. She indicated that she felt a Public Services and Safety Committee quorum was adequate and echoed City Attorney Godlewski's note that no Council members could assist either the dog owner or victim if the full Council was the hearing body. Chief Wilkinson confirmed for the Committee that the police department oversees compliance with the licensing conditions defined in the ordinance. City Attorney Godlewski reviewed the typical practice for citing unlicensed animals, noting that the first citation is normally dismissed once the owner has the animal licensed but that subsequent citations are not dismissed if the owner fails to maintain the licensing. Committee discussed the possibility of establishing a penalty or fee increase for animals that are involved in a bite incident. City Attorney Godlewski stated that another category of license fee could be created but that the philosophy has been to emphasize getting the animals licensed. Committee discussed other aspects of the proposed ordinance including timing considerations for the process if a Committee quorum is not available and the desire to minimize the level of intimidation that an appellant may experience in the hearing process. City Attorney Godlewski clarified that the amendment brought forward at the prior council meeting which required that the full Committee be present for a hearing died when the ordinance was referred back to Committee. ORD. Following further discussion, Motion/Second/Carried Bates/Lendrum to recommend Council approve Ordinance , Amending the Animal Code Relating to Dangerous Animals. All voting aye UNFINISHED BUSINESS: None NEW BUSINESS: Parks and Recreation: None Police Department: None Community Development Department: None

41 Public Services and Safety Committee Meeting March 24, 2015 Page 3 Public Works Department: Approval of Final Resolution No : Concrete Sidewalk/Bituminous Trail Construction on Alexander Drive, Bruce Street, Marathon Avenue, Castle Oak Drive: City Attorney Godklewski noted that this is the last step in the assessment process. Director Kaiser noted that the title resolution needs to be corrected to list Concrete Sidewalk instead of HMA(Blacktop) Resurfacing. C.A. C.A. RES. Following discussion, Motion/Second/Carried Bates/Hamblin to recommend Council approve Final Resolution No , as corrected, for installation of concrete sidewalk/bituminous trail on Alexander Drive, Bruce Street, Marathon Avenue and Castle Oak Drive. Motion passed 4-1 (Ald. Lendrum voting No). Motion/Second/Carried Bates/Lendrum to adjust the agenda to address Items E.2.a,b and c - Street Use Permits for StreetBall 3 on 3, Shattuck Park Events and A Very Neenah Christmas. All voting aye. StreetBall 3 on 3: Committee reviewed the Street Use Permit for the Neenah StreetBall 3-on- 3 event to be held on June 13, Traffic Engineer Merten noted that the event will be held for one day this year as opposed to the two-day event that it was previously. Amy Barker, Executive Director of event sponsor Future Neenah, Inc., explained to the Committee the rationale for this change. Following discussion, Motion/Second/Carried Lendrum/Lang to recommend the Chairman of the Public Services and Safety Committee sign and the Council approve the Street Use Permit for the Neenah StreetBall 3-on-3 event to be held on June 13, 2015, in downtown Neenah, sponsored by Future Neenah, Inc., 135 W. Wisconsin Avenue. All voting aye Shattuck Park Events: Committee reviewed the street use permit for the Shattuck Park Saturday Farm Market (every Saturday 6/20 thru 10/17), Out to Lunch Concerts (every Thursday 6/4 thru 8/27) and Evening Concerts (every other Wednesday 6/10 thru 8/19), sponsored by Future Neenah. The $75 permit fee covers all dates. Traffic Engineer Merten noted that there are no changes as compared to the 2014 permit. Following discussion, Motion/Second/Carried Lendrum/Bates to recommend the Chairman of the Public Services and Safety Committee sign and the Council approve the street use permit for the Shattuck Park Saturday Farm Market (every Saturday 6/20 thru 10/17), Out to Lunch Concerts (every Thursday 6/4 thru 8/27) and Evening Concerts (every other Wednesday 6/10 thru 8/19), sponsored by Future Neenah In., 135 W. Wisconsin Avenue. All voting aye A Very Neenah Christmas: Committee reviewed the Street Use Permit request for the A Very Neenah Christmas event to be held on December 4, 2015, in downtown Neenah. This event is sponsored by Future Neenah. Traffic Engineer Merten noted that the event is being handled the same as the 2014 event. Amy Barker, Executive Director of event sponsor

42 Public Services and Safety Committee Meeting March 24, 2015 Page 4 Future Neenah, Inc., noted that they are considering adding a lighting ceremony for the Christmas tree at Gateway Plaza. C.A. Following discussion, Motion/Second/Carried Lang/Lendrum to recommend the Chairman of the Public Services and Safety Committee sign and the Council approve the Street Use Permit for the A Very Neenah Christmas event to be held on December 4, 2015, in downtown Neenah, sponsored by Future Neenah, 135 W. Wisconsin Avenue. All voting aye Public Works General Construction and Department Activity: 1. (Contract 4-14, Miscellaneous Concrete Sidewalk and Pavement Repair) We are awaiting favorable weather to continue the work on this contract. 2. (Contract 1-15, Utility and Street Construction - Bridgewood Drive, Elmwood Court, Jean Street, Green Street, Meadowview Street, Hillcrest Place and Green Meadows Street) Gas utility relocation is ongoing. A pre-construction meeting has not been scheduled. Given his other work commitments, the contractor anticipates starting work in late May. 3. (Contract 2-15, HMA Pavement Repair I) The Board of Public Works reviewed these bids and recommended award to Northeast Asphalt. The work involves water utility patches, patches around concrete curb repairs and patches on streets that are in line for pavement maintenance treatments. 4. (Contract 4-15, Main Street Slough Bridge Rehabilitation) - Plans and specifications have been received and prepared for bid. Advertising started on March 17 and is scheduled for bidding on April Spring road weight limits started on March 23. This affects gravel streets and streets with a temporary 2-inch surface. 6. L-Shaped Pond in the Nature Trails Subdivision - Staff has been working on leveling the soil that was removed from the pond. The muddiness of the material has caused us issues with using our equipment, so we are approaching a contractor to do this work. Committee discussed the algae growth issues in the pond. Director Kaiser noted that placing vegetation in the newly cut safety shelf will help to reduce the nutrients available for algae growth but that it will take time to have mature plant growth. 7. Skyview Drive - All installation is complete. The pumps have been tested. The low water system float needs to be replaced. Final adjustments to the other floats are being done. 8. Church Street Parking Ramp - There was a vehicle fire on Level 7 of the parking ramp on March 12. We had Spancrete evaluate the area because of some minor spalling that was noticed after the vehicle was removed. They have determined that there is not a structural concern. In the course of dealing with the issue, we discovered maintenance issues that we have since addressed on the fire line system. When the temperatures allow us to turn the water on in the ramp, Serv-Pro will clean the deck and ceiling in the area. 9. Our new sanitation crew person started the week of March 16. Our second new crew member will start in 3 weeks. We have since had another sanitation crewman leave us for another position.

43 Public Services and Safety Committee Meeting March 24, 2015 Page Staff has been looking at better accommodations for wheelchair bound individuals attending meetings in the Council Chambers. The plan is to construct a platform area at the back of the center section of seats. About 9 existing seats will need to be removed. Ald. Bates asked Director Kaiser to contact City Clerk Sturn to see how this would fit into voting operations. 11. Staff is doing road condition ratings of all city streets. 12. Staff is receiving quotes for pavement maintenance treatments. Ald. Hillstrom inquired about the Church Street Ramp lighting. Director Kaiser noted that staff is collecting updated cost information on the sample fixtures. Licenses: Beverage Operator License Applications: The Committee reviewed the beverage operator license applications for Bonnie L. Brochtrup, Halie M. Callaway, Cheyenne R. Hernitz, Sara A. Howell, Logan A. Minke, and Laurie J. Zemzach. C.A. Following discussion, Motion/Second/Carried Lendrum/Hamblin to recommend Council approve beverage operator license applications for Bonnie L. Brochtrup, Halie M. Callaway, Cheyenne R. Hernitz, Sara A. Howell, Logan A. Minke, and Laurie J. Zemzach. All voting aye Street Use Permits: Neenah Duathlon: Committee reviewed the Street Use Permit for the Neenah Duathlon to be held on May 3, Traffic Engineer Merten indicated that the cost estimate is based on the 2014 event. Committee discussed the need to make the event sponsor aware of loudspeaker restrictions for Riverside Park given the early start time. C.A. Following discussion, Motion/Second/Carried Lendrum/Hamblin to recommend the Chairman sign and the Council approve the Street Use Permit for the Neenah Duathlon, sponsored by Du Tri Run, 920 S. Keller Park, Appleton, to be held on May 3, 2015, contingent on receiving an updated certificate of liability insurance listing the City of Neenah as additional insured. All voting aye. Race the Lake: Committee reviewed the Street Use Permit for the Race the Lake to be held on August 16, Traffic Engineer Merten noted that no street closures are required for the event. C.A. Following discussion, Motion/Second/Carried Lendrum/Lang to recommend the Chairman of the Public Services and Safety Committee sign and the Council approve the Street Use Permit for the Race the Lake, sponsored by Du Tri Run, 920 S. Keller Park, Appleton, to be held on August 16, 2015, contingent on receiving a certificate of liability insurance listing the City of Neenah as additional insured. All voting aye.

44 Public Services and Safety Committee Meeting March 24, 2015 Page 6 Run Away to the Bay: Committee reviewed the Street Use Permit for the Run Away to the Bay to be held on April 25, Traffic Engineer Merten noted that no street closures are required for the event. C.A. Following discussion, Motion/Second/Carried Lendrum/Hamblin to recommend the Chairman sign and the Council approve the Street Use Permit for the Run Away to the Bay event, sponsored by Run Away Events, W3192 County KK, Suite C, Appleton, to be held on April 25, All voting aye. Bike Week Community Ride: Committee reviewed the Street Use Permit for the Bike Week Community Ride event to be held on May 23, Traffic Engineer Merten noted that this is a new event. The event route comes from Menasha to First Street - Oak Street - Columbian Avenue - Smith Street - the access road adjacent to the railroad tracks - Arrowhead Park Herb and Dolly Smith Park - Town of Menasha. He noted that no street closures are required for the event. Committee discussed the rationale for requiring events to get Street Use Permits if they don t require street closures or other direct services. Traffic Engineer Merten related his involvement in the route planning for this and other events and the need to have appropriate notification of circumstances that could affect emergency services. C.A. Following discussion, Motion/Second/Carried Bates/Lendrum to recommend the Chairman sign and the Council approve the Street Use Permit for the Bike Week Community Ride event, sponsored by Fox Cities Greenways/Fox Cities Cycling Association (FCCA), P.O. Box 5, Menasha to be held on May 23, All voting aye. Announcements/Future Agenda Items: Fence update at 501 E. Wisconsin Avenue, fence request in Nature Trail Subdivision, parking on North Water Street adjacent to YMCA, Pendleton Road trail. Motion/Second/Carried Bates/Lendrum to adjourn at 8:30 p.m. All voting aye Respectfully submitted, Gerry Kaiser Director of Public Works

45 CITY OF NEENAH FINANCE AND PERSONNEL COMMITTEE MEETING Monday, March 23, :00 p.m. Hauser Room, Neenah City Administration Building 211 Walnut Street, Neenah, Wisconsin MINUTES Present: Vice-Chairman Pollnow; Aldermen Bates, Erickson, Kunz and; Mayor Kaufert; City Attorney Godlewski; Director of Finance Easker. Others Present: Aldermen Hamblin and Lendrum; Director of Public Works Kaiser, Director of Community Development and Assessment Haese, Chief of Police Wilkinson, Police Investigative Officer Streubel. Public Appearances: None. Minutes: Motion/Second/Carried Bates/Kunz to approve the minutes from the March 9, 2015 Regular Meeting. All voting aye. Request to Fill Vacant Sanitation Position: Committee reviewed memo from Director Kaiser requesting approval to fill the vacant sanitation position. Mayor Kaufert has reviewed the request and concurs with filling the position. Discussion took place on various aspects of the request. Motion/Second/Carried Kunz/Erickson to approve filling the vacant sanitation position. All voting aye. Request to Fill Community Development Administrative Assistant Position: Committee reviewed memo from Director Haese requesting approval to fill the vacant Community Development Administrative Assistant position. Mayor Kaufert has reviewed the request and concurs with filling the position. Discussion took place on various aspects of the request. Motion/Second/Carried Bates/Erickson to approve filling the vacant Community Development Administrative Assistant position. All voting aye. Request to Purchase Squads: Committee reviewed memo from Chief Wilkinson requesting approval of $271,990 from the 2015 CIP budget for the purchase of eight marked patrol utility vehicles. The low bid of $218,704 was received from Bergstrom Automotive. The additional cost of $53,286 would be paid to various vendors for equipment and changeovers. The 2015 Capital budget includes $300,000 for the purchase. The vehicles proposed are Ford SUV model squads. Committee and staff discussed various aspects of the proposed purchase. Items discussed included rationale for moving to SUV model squads, the durability and gas mileage of the SUV models when compared to sedans, the public perception of SUV squads and an update on funds available in the police vehicle replacement fund.

46 Minutes of the Meeting of the Finance and Personnel Committee March 23, 2015 Page 2 REPORT Motion/Second/Carried Bates/Kunz to recommend Council approve the purchase of eight marked Ford SUV model squads at a total cost of $271,990. The low bid of $218,704 was received from Bergstrom Automotive. The additional cost of $53,286 would be paid to various vendors for equipment and changeovers. The 2015 Capital budget includes $300,000 for the purchase. All voting aye. Request to Fill Mayor/City Attorney Administrative Assistant; Creation of Part Time Paralegal Position: Committee reviewed memo from City Attorney Godlewski requesting authorization to fill the Administrative Assistant position for the Mayor and City Attorney and recommending the creation and authorization to fill a Paralegal position in the City Attorney s office. The Administrative Assistant position will be vacant upon the planned retirement of current assistant Diane Ducklow on June 30. Under this proposal, that position would be shared and funded 60% by the Mayor s office and 40% by the City Attorney s office. The creation of the added paralegal position would provide the City Attorney needed assistance in tasks related to the legal needs of the City and help reduce a work backlog in the office. The estimated total annual cost of the paralegal position would be $24,670. Based upon 2015 budgeted funds, the savings generated by the new Administrative Assistant hire would provide almost enough funding for the paralegal position for the remainder of The proposal would have the difference of $4,421 funded by general fund balance reserves. Funding for 2016 and beyond would require additional levy dollars. Committee and staff discussed various aspects of the proposal. Items discussed included the proposed 60/40 breakdown of the Administrative Assistant position as opposed to the current 50/50 split, the proposed duties of each position and the rationale of adding staff when limited labor funds are available. Motion/Second/Carried Erickson/Bates to approve filling the pending vacant Administrative Assistant position for the Mayor and City Attorney. All voting aye. REPORT Motion/Second/Carried Bates/Erickson to recommend Council create and authorize filling a Paralegal position in the City Attorney s office and authorize placement on the City of Neenah part-time pay scale at Grade G, with hours for the position not to exceed an average of 25 hours per week. All voting aye. Request to Fill Vacant Accountant Position in Finance Department: Committee reviewed memo from Director Easker requesting authorization to fill the vacant full-time Accountant position within the Finance Department and to change the title of the position to Accounting Specialist. Mayor Kaufert has reviewed the request and concurs with filling the position. Discussion took place on various aspects of the request. Items discussed included the duties of the position, the budget dollars available to fund the position and the overall reduction in FTE based upon ongoing restructuring in the Finance Department. Discussion also took place on Vice-Chairman Pollnow s expressed desire to explore the

47 Minutes of the Meeting of the Finance and Personnel Committee March 23, 2015 Page 3 option of separating water utility financial functions from finance department supervision and oversight. Motion/Second/Carried Bates/Erickson to approve filling the vacant full-time Accountant position within the Finance Department and to change the title of the position to Accounting Specialist. All voting aye. Resolution : Special Assessment Interest Rate: Committee reviewed Resolution No establishing the interest rate for special assessments paid in installments under Wis.Stats. Sec The existing rate of 6.00% was approved in 2013 and is based upon the prime rate of 3.25% plus a factor of 2.75% Discussion took place regarding various aspects of the special assessment interest rate calculation for Items discussed included potential of a separate administration fee as allowed by statute, the number of property owners currently, discussion about what circumstances allow for an 8-year vs a 5-year installment payout schedule for special assessments and a general discussion on the pros and cons of using private bank financing rates as a benchmark when determining the 2015 rate. REPORT Motion/Second/Carried Bates/Kunz to recommend Council adopt Resolution No establishing the 2015 interest rate for special assessments paid in installments under Wis.Stats. Sec The 2015 rate would be 5.00% based upon the current prime rate of 3.25% plus a factor of 1.75%. All voting aye. Fiscal Matters: February Vouchers: Motion/Second/Carried Bates/Kunz to approve the February vouchers as presented. All voting aye. Respectfully submitted, Michael K. Easker, CPA Director of Finance

48 Minutes of the Board of Public Works Meeting Tuesday, March 24, :00 Noon Hauser Room MEMBERS PRESENT: Mayor Kaufert, City Attorney Godlewski, Director of Finance Easker, Director of Public Works Kaiser, and Aldermen Hamblin & Hillstrom. Director of Community Development & Assessment Haese was excused. ALSO PRESENT: Alderman Pollnow. Mayor Kaufert called the meeting to order at 12:00 noon. MINUTES: MSC Hillstrom/Easker to approve the minutes from the March 10, 2015 Board of Public Works meeting, all voting aye. APPEARANCES: None. UNFINISHED BUSINESS: None. NEW BUSINESS: Public Works Award Contract 2-15 HMA Pavement Repair: Dir. Kaiser requested the Council award Contract 2-15 HMA Pavement Repair to the low bid from Northeast Asphalt, Greenville, in the amount of $78, The pre-bid estimated cost for this work was $80,000. Last year there was only one bidder for this work. This year there were three bidders because the contract was split into spring and fall work. Smaller contracts attract more contractors who aren t large enough to handle bigger contracts. City Attorney Godlewski asked about the conditions on Muttart Road. Dir. Kaiser indicated the surface on Muttart Road is too bad for the maintenance work contemplated for this contract and would need more significant road construction. MSC Kaiser/Hillstrom to recommend Council award Contract 2-15 HMA Pavement Repair to the low bid from Northeast Asphalt, Greenville, in the amount of $78,100.00, all voting aye. ADJOURNMENT MSC Hamblin/Hillstrom to adjourn at 12:13 p.m., all voting aye. Respectfully Submitted, James G. Godlewski City Attorney

49 211 WALNUT STREET Neenah, WI AN ORDINANCE: By Public Services and Safety Committee Re: Amending Code 3 1, Definitions, and 3-16 creating a designation of Potentially Dangerous Animal and providing for the regulation thereof. ORDINANCE NO Introduced: March 18, 2015 Committee/Commission Action: RECOMMENED FOR PASSAGE AN ORDINANCE The Common Council of the City of Neenah, Wisconsin, do ordain as follows: Section 1. The following definitions found at Section 3-1 of the Code of Ordinances of the City of Neenah areamended by deleting the stricken language and adding the highlighted languageand by adding the definitionfor Potentially Dangerous Animal to read as follows: Dangerous animalmeans any animal that (a) inflicts Substantial Bodily Harm on a human being or domestic animal without provocation on public or private property, (b) engages in, or is found to have been trained to engage in, exhibitions of fighting or (c) has been previously found, within the last 36 months, to be a Potentially Dangerous Animal, the owner having received notice of such and the animal again aggressively bites, attacks, or endangers the safety of humans or domestic animals.without provocation that bites, inflicts injury, attacks, or behaves in a manner that a reasonable person would believe poses an unjustified imminent threat of serious bodily harm or death to one or more persons or domestic animals on public or private property; or any animal owned, harbored, or trained primarily or in part for the purpose of fighting. **** Great bodily harm has the meaning defined in Wis. Stat (14).and includesbodily injury which creates a substantial risk of death, or which causes serious permanent disfigurement, or which causes a permanent or protracted loss

50 or impairment of the function of any bodily member or organ or other serious bodily injury. Potentially Dangerous Animal means any animal that when unprovoked: (a) bites a human or a domestic animal either on public or private property without causing Great or Substantial Bodily Harm, or (b) chases or approaches a person upon the streets, sidewalks, or any public grounds in a menacing fashion or apparent attitude of attack, or any animal with a known propensity, tendency, or disposition to attack unprovoked, or to cause injury or otherwise to threaten the safety of humans or domestic animals. **** Prohibited dangerous animal means any animal that (a) without provocation has killed a pet animal or human being; or any animal that(b) without provocation inflicts serious great bodily harm on a pet animal or human being; or any animal which(c) has on two or more reported occasions bitten or attacked a pet animal or human being, without provocation, on either public or private property, at a level of aggressionthat meets the definition for Dangerous Animal.. **** Substantial or Serious bodily harm has the meaning defined in Wis. Stat (38) and includes a laceration that requires stitches, staples, or a tissue adhesive; or any fracture of a bone or tooth.where used in this chapter, serious bodily harm shall have the same meaning as substantial bodily harm.means bodily injury which creates a risk of death, or which causes permanent disfigurement, or which causes a permanent or protracted loss or impairment of the function of any bodily member or organ, or other serious bodily injury. Section 2. Section 3-16(b) through (n) are renumbered as 3-16(d) through (p). Section 3. Sections 3-16(b) and (c) of the Code of Ordinances of the City of Neenah are created to read as follows: (b) Police Chief s Authority.The Police Chief or his/her designee may, in accordance with the definitions of Sec 3-1, determine an animal to be a Potentially Dangerous Animal Dangerous Animal, or Prohibited Dangerous Animal. (c) Keeping a Potentially Dangerous Animal. The Chief of Police or the Chief's designee may issue a written order declaring an animal to be a Potentially Dangerous Animal. The written order shall put the owner on notice that the

51 animal has engaged in behavior that has resulted in the Chief s declaration, and that any future similar actions by the animal may result in the animal being declared a Dangerous Animal or Prohibited Dangerous Animal. The written order shall also include suggestions for preventing aggressive behavior by the animal. A declaration of Potentially Dangerous Animal shall include no mandated restrictions for the animal or its owner. Section 4. Section 3-16(d)(intro) (renumbered from (b) by Section 2 above) is amended by adding the highlighted language and deleting the stricken language to read as follows: Prohibition on kkeeping a dangerous animal prohibited; exception. No person shall own, possess, harbor, keep, or maintain a dangerous animal except under the following terms and conditions: Section 5. Section 3-16(o)(1) & (3) (renumbered from (m) by Section 2 above) is amended by adding the highlighted language and deleting the stricken language to read as follows: (mo) Appeal process for dangerous and prohibited dangerous animal. (1) The owner or responsible party aggrieved by the decision of the Chief of Police or the Chief's designee to declare an animal dangerous under subsections (bd), (hj) or (ln) may appeal such decision to the Common Council by filing a written notice of appeal with the City Clerk within five business days of the mailing of the written order from the Chief of Police or the Chief's designee. Appeals shall be heard by the Public Services and Safety Committee, which shall make a recommendation to the Common Councila final decision to uphold, deny or modify the chief s determination.because a determination under subsection (c) that an animal is potentially dangerous does not impose any restrictions or requirements on the animal or animal s owner, such determination is not appealable under this section. **** (3) If the owner or responsible party further contests the final decision of the CouncilCommittee, he or she may within five business days of the mailing of the written decision, seek review of the decision by the Circuit Court. Section 6. Section 3-16(p)& (p)(1) (renumbered from (n) by Section 2 above) is amended by adding the highlighted language and deleting the stricken language to read as follows: (np) Removal of animal from dangerous animal status. Upon the written petition of the owner/responsible party of andog animalthat has been previously determined to be dangerous the City Chief of Police or the Chief s designeemay remove the dog animalfrom its list of dangerous animals if:

52 (1) The owner/responsible party demonstrates to the Chief of Police or the Chief's designee that there have been no additional reported instances anywhere of the behavior that constitutes a potentially dangerous animal or dangerous animal as defined in Section 3-1, within a 36-month period from the date of the order determining the animal to be dangerous; and Section 7. 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 8. 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: City Attorney James G. Godlewski 211 Walnut Street Neenah, WI State Bar No

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54 RESOLUTION NO FINAL RESOLUTION AUTHORIZING CONCRETE SIDEWALK CONSTRUCTION AND LEVYING SPECIAL ASSESSMENTS AGAINST BENEFITED PROPERTY. WHEREAS, the Common Council of the City of Neenah, Wisconsin, held a public hearing in the Council Chambers in the City Administration Building at 7:00 p.m., on the 18th day of March, 2015, for the purpose of hearing all interested persons concerning the preliminary resolution and the final report of the Public Services and Safety Committee on the following proposed improvements in the following described areas, to-wit: Installation of concrete sidewalk/bituminous trail on the following streets: 1. Alexander Dr (Bruce to Commercial) 2. Bruce St (Parkwood to Castle Oak) 3. Marathon Ave (Parkwood to Castle Oak) 4. Castle Oak Dr (Industrial to Marathon) AND WHEREAS, the Common Council has heard all persons desiring audience at such hearing: NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Neenah as follows: 1. That the report of the Public Services and Safety Committee pertaining to the above described improvements, including plans and specifications therefore, is hereby approved and adopted. 2. That the Public Services and Safety Committee is directed to advertise for bids and to carry out the work of such improvements in accordance with its report. 3. That the payment for said improvements be made by assessing the cost to the property benefited as indicated in said report. 4. Assessments shown on the report represent an exercise of the police power and have been determined on a reasonable basis and are hereby confirmed. 5. That the benefits and damages will be included in a revised report after actual costs are known. 6. That the assessments for all projects included in said report are hereby combined as a single assessment but any interested property owner shall be entitled to object to each assessment separately or all assessments jointly for any purpose or purposes. 7. That the assessments shall be paid as provided in the City of Neenah Municipal Code, Section 13-1, except as provided in reports.

55 8. That the City Clerk is directed to publish this resolution in the official newspaper of the City of Neenah as a Class 1 notice under Ch. 985, Wis. Stats. 9. That the City Clerk is further directed to mail a copy of this resolution to every property owner whose name appears on the assessment roll whose post office address is known or can, with reasonable diligence, be ascertained. Recommended by: Public Services and Safety Committee CITY OF NEENAH, WISCONSIN Moved: Dean Kaufert, Mayor Passed: Patricia Sturn, City Clerk

56 RESOLUTION NO A RESOLUTION ESTABLISHING THE INTEREST RATE FOR SPECIAL ASSESSMENTS PAID IN INSTALLMENTS UNDER WIS. STAT WHEREAS, the City of Neenah allows payment of special assessments by installments pursuant to Neenah Code 13-2; and, WHEREAS, Wis. Stat allows the City to charge a reasonable interest rate on the unpaid balance of the special assessments; and, WHEREAS, the Common Council wishes to establish a fair and equitable mechanism for establishing that interest rate to reflect the City s cost of borrowing and administering the payment of special assessments by installments; NOW THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF NEENAH, WISCONSIN this 1 st day of April, 2015, that the interest rate for special assessments paid by installment under Neenah Code 13-2 be annually established on the first business day of March as the Prime Rate as published that day in the Wall Street Journal plus 1.75%. The Finance & Personnel Committee shall review the rate as established under this resolution in March each year as required by Neenah Code BE IT FUTHER RESOLVED that the interest rate established each year shall not change for special assessments levied that year as required by Wis. Stat (3)(b). Recommended by: Finance & Personnel Committee Moved: Passed: CITY OF NEENAH, WISCONSIN Dean R. Kaufert, Mayor Patricia A. Sturn, City Clerk

57 RESOLUTION NO RESOLUTION PROVIDING FOR THE SALE OF APPROXIMATELY $1,375,000 NOTE ANTICIPATION NOTES WHEREAS, the City of Neenah, Winnebago County, Wisconsin (the "City") is in need of approximately $1,375,000 for public purposes, including financing the acquisition of land for a public parking lot and the provision of grants and other developer incentives; and WHEREAS the City intends to issue general obligation promissory notes for such purposes pursuant to Section 67.12(12) of the Wisconsin Statutes; and WHEREAS it is desirable to anticipate the issuance of such notes through the issuance of note anticipation notes pursuant to Section 67.12(1)(b), Wis. Stats.; NOW, THEREFORE, BE IT RESOLVED that: Section 1. Issuance of Notes. The City shall issue its Note Anticipation Notes (the "Notes") in a principal amount of approximately $1,375,000 for public purposes, including financing the acquisition of land for a public parking lot and the provision of grants and other developer incentives. Section 2. Sale of Notes. The Common Council hereby authorizes and directs that the Notes be offered for public sale. At a subsequent meeting, the Common Council shall consider such bids for the Notes as may have been received and take action thereon. Section 3. Notice of Sale. The City Clerk be and hereby is directed to cause the sale of the Notes to be publicized in such manner as the City Clerk may determine and to cause copies of a complete, official Notice of Sale and other pertinent data to be forwarded to interested bidders as the City Clerk may determine. Section 4. Official Statement. The City Clerk shall cause an Official Statement concerning the Notes to be prepared by Robert W. Baird & Co. Incorporated. The appropriate City officials shall determine when the Official Statement is final for purposes of Securities and Exchange Commission Rule 15c2-12 and shall certify said Statement, such certification to constitute full authorization of such Statement under this resolution. Adopted, approved and recorded this 1st day of April, Recommended by: Finance and Personnel Committee Moved: Passed: CITY OF NEENAH, WISCONSIN Dean R. Kaufert, Mayor Patricia A. Sturn, City Clerk

58 RESOLUTION NO RESOLUTION PROVIDING FOR THE SALE OF APPROXIMATELY $4,550,000 GENERAL OBLIGATION PROMISSORY NOTES WHEREAS, the City of Neenah, Winnebago County, Wisconsin (the "City") is in need of approximately $4,550,000 for public purposes, including paying the cost of projects included in the City's 2015 Capital Improvement Program; and WHEREAS, the Common Council has determined that it is necessary and in the best interest of the City that such amount be borrowed through the issuance of general obligation promissory notes pursuant to Section 67.12(12) of the Wisconsin Statutes; NOW, THEREFORE, BE IT RESOLVED that: Section 1. Issuance of Notes. The City shall issue its General Obligation Promissory Notes (the "Notes") in a principal amount of approximately $4,550,000 for public purposes, including paying the cost of projects included the City's 2015 Capital Improvement Program. Section 2. Sale of Notes. The Common Council hereby authorizes and directs that the Notes be offered for public sale. At a subsequent meeting, the Common Council shall consider such bids for the Notes as may have been received and take action thereon. Section 3. Notice of Sale. The City Clerk be and hereby is directed to cause the sale of the Notes to be publicized in such manner as the City Clerk may determine and to cause copies of a complete, official Notice of Sale and other pertinent data to be forwarded to interested bidders as the City Clerk may determine. Section 4. Official Statement. The City Clerk shall cause an Official Statement concerning the Notes to be prepared by Robert W. Baird & Co. Incorporated. The appropriate City officials shall determine when the Official Statement is final for purposes of Securities and Exchange Commission Rule 15c2-12 and shall certify said Statement, such certification to constitute full authorization of such Statement under this resolution. Adopted, approved and recorded this 1st day of April Recommended by: Finance and Personnel Committee Moved: CITY OF NEENAH, WISCONSIN Dean R. Kaufert, Mayor Passed: Patricia A. Sturn, City Clerk