COMMON COUNCIL MINUTES Wednesday, August 1, :00 p.m.

Transcription

1 COMMON COUNCIL MINUTES Wednesday, - 7:00 p.m. The Common Council of the City of Neenah, Winnebago County, Wisconsin, met in regular session at 7:00 p.m., in the Council Chambers of Neenah City Hall. Mayor Kaufert in the chair. Present: Aldermen Boyette, Bates, Hillstrom, Lendrum, Erickson, Lang, Steele, Kunz & Stevenson, Director of Finance Easker, Director of Community Development & Assessment Haese, Director of Public Works Kaiser, Assistant City Attorney Vanden Heuvel and City Clerk Sturn. City Attorney Godlewski was excused. Also Present: Police Chief Olson, Deputy Director of Community Development & Assessment Schmidt, Brittany Johnson & Ashley Booth representing Double Tree Hilton and Corey Kalkofen from McMahon Associates. 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. Proceedings I. MSCRP Lendrum/Stevenson to approve the Council Proceedings of July 18, 2018 regular session and July 18, 2018 Committee of the Whole minutes, all voting aye. Public Hearing I. Consider amending Section (15), (15), (13), (13), (9), (10) of the Neenah Zoning Code modifying the minimum shore yard setback for principal structures or uses and accessory structure or uses. A. There being no appearances, Mayor Kaufert declared the public hearing closed. Plan Commission Report Pertaining to the Public Hearings I. Council Rep. Lang reported the Plan Commission meeting of July 24, 2018: A. Commission recommends Council adopt Ordinance No amending Section (15), (15), (13), (13), (9) and (10) of the Code of Ordinances relating to Shoreyard Setbacks. MS Lang/Erickson. 1. Deputy Dir. Schmidt indicated in 2013 the State passed Act 80 which allows municipalities to reduce the shoreyard setback from 75 feet to 50 feet. Prior to this Act, any properties annexed by the City (from incorporated municipalities and villages) between , when this Act went into effect, required that we follow the shoreyard zoning of the County (75 feet). For consistency, we have always held 75 feet.

2 Page 2 of 5 Consent Agenda In the early 2000s we amended the code to reduce the shoreyard setback for C-2 (downtown) and I-2 (industrial) properties from 75 feet to 50 feet. As we continue to grow west we are finding streams and small water bodies that are difficult to develop because of the 75 foot setback. For that reason, we are proposing changing the setback to 50 feet. They continue to do average setbacks. This does not override any flood plain set back. This ordinance impacts as we grow to the west. 2. Mayor Kaufert clarified that the average setback is important to keep some consistency. 3. Deputy Dir. Schmidt clarified for Ald. Bates that they do not have specific language that says we take the average, it is just a policy they have had in their department. Because we interpret that consistently, he feels strongly that it would not be challenged. 4. Motion carried, by a 9-0 RollCall-Pro System vote, all voting aye. I. MSCRP Lendrum/Hillstrom to approve the Consent Agenda as follows: A. Approve the Beverage Operator License Applications for: Kendrick C. Bruneel, Alicia L. Cameron, Elizabeth C. Darkow, Debra L. DeRoche, Michelle L. Flowers, Donald J. Gullickson, Corrie A. Kordus, Stephanie E. Mader, Jason A. Meyer, Justine N. Moderson, Chelsea A. Niemuth, Jackie R. Paulson, Alexander J. Prince, Alondra E. Sanchez, Cheryl A. Sturgis, Tammy M. Winton, Ryan R. Zenisek and Lisa A. Zolkowski. B. Approve the Beverage Operator License Application (new) for Samantha I. Hill contingent upon payment of all delinquent City fees. C. Approve the Beverage Operator License Application (renewal) for Polly S. Lund contingent upon payment of all delinquent City fees. D. Approve the Beverage Operator License Application (renewal) for Steven J. Schilly contingent upon payment of all delinquent City fees. E. Approve a one-time Temporary Extension of Retail Class B Premise for North American Hotel Group, LLC, d/b/a Double Tree by Hilton, for August 8, 2018 from 5:00 to 8:00 p.m. F. Approve the Street Use Permit for Gord s Street Dance sponsored by Outagamie County Tavern League, Paula Pitsch, 210 Main Street, to be held on August 25, 2018 with the contingency that Gord s Pub submit a map with more detail for this event and that the event ends at 10:00 p.m. G. All voting aye. 1. Ald. Stevenson asked if the map from Gord s Street Dance was provided. 2. Mayor Kaufert indicated they have not provided that map. There is a contingency that this will not be issued until the map is provided. The map in the past few years has been from the south end of their property

3 Page 3 of 5 to the middle of Eagle Nation just the street. Barricades are used to shut the street off at Doty and Torrey. 3. Clerk Sturn indicated she will for that map to the Council when received. 4. Ald. Bates expressed concern over approval of the map, particularly concern over this being released without prior approval by the Council. 5. Mayor Kaufert indicated he will not sign it if the foot changes. 6. Ald. Stevenson added that recently submissions have not been as detailed as they had been in the past. They don t want to get lax on detail of these maps. Public Services and Safety Committee I. Chairman Bates reported the special meeting of July 24, 2018: A. Committee recommends Council approve the Findings of Fact and Conclusions of Law and uphold the Beverage Operator License Nonrenewal for Rebecca I. Sauer. MSCRP Bates/Hillstrom, all voting aye. II. Chairman Bates reported the regular meeting of July 24, 2018: A. Committee recommends Council adopt Ordinance creating Neenah Code 3-32 providing for a Penalty for Animal Causing Damage or Injury. MS Bates/Lendrum. 1. Ald. Kunz expressed concern is creating an ordinance that the police are reluctant to use anyway. 2. Asst. City Atty. Vanden Heuvel clarified that if a dog that bites someone also does not have a license then they should be given a citation. 3. Ald. Bates indicated they write a citation for not having a license. When they go into court, it is often waived if they have since retained a license. This is their way to get dogs licensed and provide proof of rabies shots. 4. Mayor Kaufert added that the judge does this in many cases. Sometimes it is as simple as they just forgot. The judge gives them that opportunity. 5. Ald. Boyette asked where these fees go. 6. Dir. Easker advised that this would be run through the municipal court, no different than a speeding ticket. 7. Asst. City Atty. Vanden Heuvel responded to Ald. Boyette that there is not a level of severity for these bites. 8. Mayor Kaufert cautioned call it a fee. It is a penalty / forfeiture. The court has the discretion to alter the ticket in any way. 9. Ald. Bates added that the forfeiture is higher for second violations. 10. Motion carried by a 9-0 RollCall-Pro System vote, all voting aye. Board of Public Works I. Vice Chairman Hillstrom reported the meeting of July 24, 2018: A. Information Only Items:

4 Page 4 of 5 1. The Board approved Pay Estimate No. 4 for Contract 1-18 Miscellaneous Sewer and Water Main Construction and Street Construction on Andrew Avenue, Richard Avenue, Geiger Street and Whiting Court to David Tenor Corporation, Green Bay for $142, The Board approved Pay Estimate No. 1 for Contract 2-18 Miscellaneous Sewer and Water Main Construction and Street Construction on Cecil Street and Adams Street to David Tenor Corporation, Green Bay in the amount of $202, The Board approved Pay Estimate No. 3 for Contract 3-18 Nature Trail Subdivision Street Construction to MCC, Inc., Appleton in the amount of $185, The Board approved Change Order #6 for Contract PR01-17 the Fox River Loop the Lake Project in the amount of $11, to Pheifer Brothers Construction, Neenah. B. Mayor Kaufert commented that he has had several calls asking about the terrible job they did with the blacktop. He advised that they do temp patches to give it time to settle. The final product will be done at a later date. Bergstrom Mahler Museum I. Ald. Erickson report from the Bergstrom Mahler Museum: A. The Museum did not meet however Ald. Erickson urged everyone to visit their website for activities / camps / classes. Unfinished Business I. Ald. Boyette expressed concern over the Board of Public Works not reporting out the final payment on the Washington Park Project release of retainage. A. Clerk Sturn advised that the Board created a policy in September 2017 that final payments are approved. Once the issues are resolved for the retainage being held, it is at the discretion of the department head to release the retainage when all issues are resolved and the project is complete. B. Ald. Boyette indicated to her knowledge everything is not accurate and complete. She feels there are still two underlying issues that have not been corrected the ice rink and parking lot drainage. She brought these issues up at the meeting when Dir. Kading was absent due to his wedding. C. Mayor Kaufert added that the final payment was approved back in December with the provision that the final $5,000 would be released when the department head felt the issues were taken care of. The department head feels these issues were taken care of. He has spoken with Dir. Kading and he indicated he feels these two issues were resolved. If anyone wished to pursue this further, they could take it up with the Park & Rec Commission. D. Ald. Bates added that Dir. Kading advised the Board that the sloping of the grass in the skating area has been addressed. He did not mention the parking lot issue. The Board, in creating this policy did not address reporting the release of retainage to the Board / Council. She feels it would be helpful to report as an informational item.

5 Page 5 of 5 E. Mayor Kaufert advised that he will go back and look at the minutes. He remembers a discussion that it should at least be reported out. New Business I. Ald. Bates reminded everyone of the polling place changes are in effect for the August 14 th Primary Election. A. Clerk Sturn advised that post card notices were mailed to all registered voters in these districts on July 9 th. Signs will be posted on Election Day at the old polling place letting voter know where they need to go to vote. B. Mayor Kaufert added that early voting is available in the Clerk s Office thru August 10 th. II. III. IV. Mayor Kaufert made the following announcements: A. The Mayor s Golf Outing will be held Monday August 6 th. Morning and afternoon shifts are available at Bridgewood. B. The Riverside Players Legally Blonde is now playing at Riverside Park. Their last show is 7:00 pm Sunday August 5 th. Ald. Lendrum reminded everyone of the Car Show downtown this Saturday. The show includes European show cars and will take place from 3-9 pm. There is no fee to attend. A large crowd will encourage these car owner to come back next year. A. Mayor Kaufert added that he has heard of some very expensive cars will be shown. This is the first time they are appearing in Neenah. Ald. Erickson complimented everyone involved with the Bazaar After Dark. It was greatly appreciated by many residents of Neenah. It was a very successful event for the City. A. Mayor Kaufert added that he was out of town, however, he has received all positive comments regarding this event. He thanked staff for helping get this done. B. Ald. Lang added that the 2 nd traffic signal box wrap was revealed during the Bazaar After Dark. Adjournment I. MSC Stevenson/Lendrum to adjourn at 7:45 p.m., all voting aye. Patricia A. Sturn, WCPC/MMC City Clerk