COMMON COUNCIL MINUTES Wednesday, May 15, :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 Scherck in the chair. Present: Aldermen Lendrum, Hamblin, Pollnow, Bates, Hillstrom, Ramos, Kunz and Stevenson, City Attorney Godlewski and City Clerk Sturn. Ald. Ahles excused. Also Present: Director of Finance Easker, Deputy Director of Community Development & Assessment Kroner, Director of Public Works Kaiser, Dir. of Parks & Recreation McCoy, Police Chief Wilkinson, Fire Chief Auxier, Dir. of Library Services Raab, Assistant Planner Kasimor, HR & Safety Dir. Barber, Linda Buck, Amy, Ron & Nathan Books, Pat Galloway and Greg Pollesch representing the Galloway Company, Jose Morales & Daniel Van Daalwyk, Nate Van Zeeland, Jane Lang, Ron Klatt, Laurel Nobbe, James Kohl and City Financial Advisor Brad Viegut. Mayor Scherck 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. Presentation of Employee Recognition Awards Mayor Scherck and Council President Stevenson recognized employees who have worked for the City of Neenah for 25, 30 and 35 years and thanked them for their services. Present to accept their awards were: Linda Buck (Finance) & Amy Books (Library) for 35 years. Tom Blohm (Street & Sanitation), Steve Larson (Police Department), Marcia Anderson (Human Resources), Jeff Malcore (Police Department), Jeff Strohmeyer (Street & Sanitation) & Terry Thompson (Public Works) for 25 years and Denis Matuszak (Fire Department), Rick Freese (Public Works) & David Voight (Street & Sanitation) for 30 years were unable to attend the meeting to accept their awards. Dir. of Public Works Kaiser accepted the awards for Tom Blohm, Jeff Strohmeyer, Terry Thompson, Rick Freese and David Voight; Police Chief Wilkinson accepted the awards for Steve Larson and Jeff Malcore; Dir. of HR & Safety Barber accepted the award for Marcia Anderson; and Fire Chief Auxier accepted the award for Denis Matuszak. Recognition of Doty Cabin Curator Mayor Scherck & Council President Stevenson recognized Laurel Nobbe for her 18 years as Doty Cabin Curator. When Laurel started as curator, there was no formal process to manage the artifacts in the cabin. With Laurel s guidance, a process was established to record and preserve the collection of historic items. As a direct result of Laurel s efforts the cabin now offers a tremendous learning experience for the

2 Page 2 of 10 residents, tourists and especially for our local school students. Mayor Scherck expressed his appreciation and thanked Laurel for her hard work. Dir. McCoy presented Laurel with a small token of appreciation from the Park & Rec staff. They wished her the best in her retirement. Presentation of Stewardship Awards/Neenah Clocktower Video Landmarks Commissioner Nate Van Zeeland presented a Stewardship Award for the Charles R. Smith Home, located at 824 E. Forest Avenue to owners Jose Morales & Daniel Van Daalwyk. Assistant Planner Carol Kasimor presented a Stewardship Award for the Equitable Reserve Building, 116 S. Commercial Street to owners ERA and Modern Woodman. Christie Graham was unable to attend the meeting to accept the award. Landmarks Commissioner and Executive Director of the Historical Society Jane Lang presented a Stewardship Award for the Neenah Clocktower, 200 S. Commercial Street, to Mayor Scherck. She recognized the City of Neenah and citizens of Neenah for their efforts in restoring the Clocktower. She played a DVD she put together on the history of the Neenah Clocktower. Ald. Lendrum thanked Jane Lang for her work on the video. The video will be placed on the City Website. She announced that the Landmarks Commission is sponsoring a free bus tour with Peter Adams, our local Neenah Historian, who will be talking about many of our paper baron houses focusing on the E. Forest Avenue district. At the end of the bus tour, the Octagon House will be open with exhibits. The tour will be held on Saturday June 1 st and will leave the Octagon House, 343 Smith Street, at 10:00 am. Information can be found on the City Website. Mayor Scherck commented that Neenah talks a great deal about our future but we also have a special respect for the past. That was demonstrated by a number of people. He thanked Jose Morales & Daniel Van Daalwyk for the historic preservation done to their homes, the Historical Society and citizens for their work on the Clocktower and the ERA for preserving Equitable Reserve Building in its original form. Council Proceedings I. MSCRP Bates/Pollnow to approve the Council Proceedings of May 1, 2013 regular session, all voting aye. MSC Ramos/Bates to amend the agenda to move up the report from the Finance & Personnel Committee, agenda item XI (B)(2) Resolution No Industrial Development Revenue Bond Financing for Galloway Company Project & (B)(3) Resolution No authorizing the issuance and the sale of $5,270,000 General Obligation Promissory Notes and agenda item XIII (C) Resolution No authorizing the issuance and sale of $5,270,000 General Obligation Promissory Notes & XIII (D) Initial Resolution No regarding Industrial

3 Page 3 of 10 Development Revenue Bond Financing for Galloway Company Project, all voting aye. Finance and Personnel Committee MSC Pollnow/Hillstrom to waive the 24-hour rule relative to providing minutes for Council consideration and action in order to permit a report of the special meeting of, all voting aye. Vice Chairman Bates reported the special meeting of : Committee recommends Council adopt Resolution No Industrial Development Revenue Bond Financing for Galloway Company Project. (Resolution to follow) Committee recommends Council adopt Resolution No authorizing the issuance and sale of $5,270,000 General Obligation Promissory Notes. (Resolution to follow) Resolutions Resolution No authorizing the issuance and sale of $5,270,000 General Obligation Promissory Notes was presented. MSCRP Stevenson/Pollnow to adopt Resolution No , all voting aye. Initial Resolution No authorizing the issuance and sale of not more than $8,000,000 Industrial Development Revenue Bonds for Galloway Company Project was presented. MSCRP Stevenson/Ramos to adopt Initial Resolution No , all voting aye. Consent Agenda I. MSCRP Ramos/Pollnow to approve the Consent Agenda as follows: A. Approve Beverage Operator Applications for: Adam M. Bolwerk, Renell A. Van Lankvelt, Hailey A. Kitelinger and Lori A. Swarthout. B. Approve all liquor license renewals as outlined in the attached Notice of Application for License , "Exhibit A", contingent upon payment of all delinquent utility bills and personal property taxes, as outlined and monitored by the City Clerk s Office. C. Approve the Street Use Permit for CommunityFest 2013, sponsored by the City of Neenah, 211 Walnut Street, Eileen McCoy, to be held on July 3 & 4, D. All voting aye. Public Services and Safety Committee I. Chairman Hamblin reported the regular meeting of May 7, 2013:

4 Page 4 of 10 A. Committee recommends Council approve Ordinance , amending and creating various sections in Chapter 14, Article II relating to street excavation permits with modifications to proposed Sec to add the phrase maintain facilities to work requiring a permit and deleting the phrases macadam and park or other public ground. (Ordinance to follow) B. Committee recommends Council approve Ordinance , creating a mobile food vendor license with modifications to proposed Sec (d) by limiting private parking lots to one mobile vending unit and proposed Sec (j) by prohibiting the use of outside sound amplifying equipment, lights or noisemakers such as bells, whistles, or horns while stationary. (Ordinance to follow) C. Committee recommends Council approve the proposal of $16, from Young Concrete Enterprises for surface treatment in the Church Street Parking Ramp. MS Hillstrom/Stevenson. 1. Ald Pollnow questioned if Alta and Plexus will be paying 50% of these cost and if the $16, is the City portion or ½ of that. 2. Dir. Kaiser indicated the $16, is the full cost of the project. The City s cost will be ½ of that amount. 3. Ald. Pollnow questioned if there was a slip test done previous to this. 4. Dir. Kaiser advised slip testing was done in 2011, which indicated allowable standards. There is no need for additional testing after the 2011 testing. The reason we are moving forward with this is based on reports received of employees slipping on the surface. 5. MSCRP Stevenson/Pollnow to amend the motion to indicate the City s responsibility would be 50% of the $16, and the other 50% would be paid by private entity, all voting aye. 6. The original motion, as amended, carried by the RollCall-Pro System, all voting aye. Finance and Personnel Committee I. The waiver of the 24-hour rule relative to providing minutes for Council consideration and action was previously made. II. Vice Chairman Bates reported the special meeting of : A. Consideration of Committee recommendation regarding Initial Resolution No Regarding Industrial Development Revenue Bond Financing for Galloway Company Project (attachment). Information with respect to the job impact of the project will be available at the time of consideration of the Initial Resolution. (Previously acted on) B. Consideration of Committee recommendation regarding Resolution No authorizing the issuance and sale of $5,270,000 General Obligation Promissory Notes. (Previously acted on) III. Vice Chairman Bates reported the regular meeting of May 6, 2013:

5 Page 5 of 10 A. Committee recommends Council accept the Post-Crescent quotation and designate it as the City s official newspaper for June 2013 to June MSCRP Bates/Ramos, all voting aye. 1. Ald. Bates advised that the quote for is less than the quote last year. There are not a lot of options that fit the criteria for the official newspaper. Publishing things on the Internet does not fulfill the State requirements. Neenah-Menasha Fire Rescue Joint Finance & Personnel Committee I. Vice Chairman Ramos reported the regular meeting of May 7, 2013: A. Committee recommends the City of Neenah and City of Menasha Common Councils create a 2013 NMFR Dive Team program budget and authorize the City of Neenah Finance Department to amend the current budget on file for the Dive Team to reflect $2, for Overtime/Wages, $ Fringes, $1, Schools/Seminars/Training, $1, Maintenance of Operating Equipment and $1, All Other Equipment for a total budget of $6, The budget will be funded through the donated dollars currently in the Dive Team Trust Account. MS Ramos/Stevenson. 1. Ald. Stevenson reminded that since this is a budget amendment, it would require a 2/3 vote of the Council. 2. Motion carried, by the RollCall-Pro System, all voting aye. B. Vice Chairman Ramos advised that subsequent to the Committee action on the lease/purchase agreement of the demo vehicle another jurisdiction has purchased the vehicle therefore no action is required. Board of Public Works I. MSC Pollnow/Bates to waive the 24-hour rule relative to providing minutes for Council consideration and action in order to permit a report of the meeting of, all voting aye. II. Vice Chairman Hamblin reported the meeting of : A. Informational Items: 1. The Board approved Pay Estimate No. 2 for Contract 1-13 Sewer & Water Main Construction and Street Resurfacing on S. Commercial Street, Orange Street and Church Street to Van Stratten Construction Co., Inc. of Green Bay, in the amount of $135, Ordinances I. Ordinance No amending and creating various sections in Ch. 14, Art. II relating to street excavation permits was presented. A. MS Stevenson/Pollnow to adopt Ordinance No B. Ald. Bates questioned letter (E) on page 2 of the ordinance asking if it affects fees related to this particular permit or fees in general.

6 Page 6 of 10 C. Dir. Kaiser indicated the intent was relating to the street excavation fees, they do not search for other fees. D. City Atty. Godlewski indicated the ordinance language is what we are currently operating under. The intent is contractors not homeowners. E. Ald. Bates asked who is responsible for final repair for what has been dug up. F. Dir. Kaiser advised that when the permit is taken out, they calculate the permit charges and the city is paid upfront. Those charges include the cost of a final patch. G. Motion carried, by the RollCall-Pro System, all voting aye. II. Ordinance No creating Chapter 4, Article XIII of the Code of Ordinances relating to creating a Mobile Food Vendor License was presented. A. MS Hillstrom/Stevenson to adopt Ordinance No MS Hillstrom/Stevenson to amend Section 1 Sec (a) adding the wording or from private property open to the public so it will read, It shall be unlawful for any person to do any of the following within a public right-of-way, or from private property open to the public, in the City of Neenah without first having obtained a valid mobile food vending license as prescribed in this article. a) He clarified for Ald. Pollnow that this would refer to business parking lots. b) The amendment carried, by the RollCall-Pro System, all voting aye. 2. City Atty. Godlewski advised of an oversight in Sec (d) where the Committee requested limiting the number of mobile food vehicles and carts to one per private parking lot and should be added to that provision and Sec (j) should also be amended to add while stationary. a) MS Bates/Hillstrom to amend Sec (d) limiting the number of mobile food vehicles and carts to one per private parking lot and Sec (j) adding the wording while stationary. b) Mayor Scherck clarified for Ald. Pollnow this would affect mobile vendors and is not just aimed toward ice cream trucks. c) Ald. Pollnow expressed concern over enforcement. d) Ald. Bates clarified that this deals with vendor s music in the BID District. e) City Atty. Godlewski advised these regulations are not limited to the BID District. They apply to mobile vending vehicles or carts throughout the entire City. f) Mayor Scherck agreed that it would be annoying if they were parked near a concert playing their music. That was the intent. g) Deputy Dir. Kroner clarified that within the BID District there are certain locations that mobile food vending trucks can

7 Page 7 of 10 park. The ordinance itself does apply to the rest of the city stating mobile food trucks can park anywhere except within the special event areas as long as they are in compliance with the parking regulations and serve curbside. h) Ald. Pollnow expressed concern over the lack of verbiage for a time limit. He would support the amendment if there were a time limit. (1) MS Pollnow/Bates to amend the amendment to provide for a five (5) minute limitation to Sec (j). (2) Ald. Kunz indicated he does not support the fiveminute limitation. (3) Ald. Stevenson indicated the Committee s intent was to avoid the nuisance of the music whether it is in the BID District or other areas within the City and not to have them sitting stationary and playing the music. To add an additional burden to enforcement of a 5-minute limitation is a waste of time. (4) Ald. Pollnow expressed concern over not allowing music at all. (5) The amendment to the amendment failed by a 1-7 RollCall-Pro Vote, all voting nay, Ald. Pollnow voting aye. i) Ald. Ramos questioned if the Committee discussed limiting the number of licenses for any one individual of company. He expressed concern that one individual or company could potential purchase three licenses for three carts and take up all the licenses in the BID District. j) Mayor Scherck indicated this amendment does not specifically deal with that issue but could be brought up after a vote on this amendment. k) City Atty. Godlewski clarified that the amendment to 4-354(j) only adds the wording while stationary and the amendment also adds language in (d) above that limiting one mobile food vehicles and carts to one per private parking lot. l) The amendment carried, by a 7-1 RollCall-Pro Vote, all voting aye, Ald. Pollnow voting nay. 3. Ald. Bates questioned Sec (f) limiting licenses within the BID and no limit out side the BID asking if there is a difference in fees. She also questioned if a separate license would be required outside the BID District. 4. City Atty. Godlewski clarified one license would cover vending in the entire City. The fees have not been set. If is proposed at $250 but must come back through Finance & Personnel. That could be a consideration when that fee gets set. 5. Ald. Ramos brought back up his concern that one individual or company could potential purchase three licenses for three carts

8 Page 8 of 10 and take up all the licenses in the BID District. He suggested limiting the number of licenses an individual or company could purchase. 6. Ald. Kunz expressed three concerns: 3 a.m. is too late for hours of operation, he prefers 9 p.m.; add a 300 buffer from schools; and concern over vending vehicles parking in front of residential areas if they are limited parking within the BID District. He indicated he is looking for input prior to making a motion. 7. MS Ramos/Stevenson to amend Sec (f) by adding a line at the end, any individual or business will be limited to one mobile food vending vehicle license and one mobile food vending cart license within BID boundaries in any one year. a) Ald. Lendrum expressed concern over unused licenses if we limit them to one. She would hate to limit a business from expanding/growing. b) Ald. Hillstrom concurred with Ald. Hillstrom. He believes we currently have a vendor with two carts and this amendment would limit them. This would limit the options of people. c) Ald. Kunz suggested increasing the number of licenses allowed or at least be flexible rather than limiting them to one. d) Dir. Kroner commented that the recommendation came out of the Bid Board. e) Ald. Bates questioned the renewal process and if it would be on a first come first serve basis or would the current license holders have the option to renew first. f) City Atty. Godlewski clarified that typically with licenses there is a renewal process and notice is sent to existing licensees that it is time for renewal. They are then given time to submit the application. They would have first dibs on the license. g) Ald. Pollnow questioned the average number of mobile food vendor licenses we have had. h) Dir. Kroner indicated we currently do not have a mobile food vendor license. They do obtain a solicitor license and last year there were (4) companies, (2) carts and (2) trucks with solicitor licenses. Of those, one cart and one truck are currently licensed to operate in the City. i) City Atty. Godlewski clarified for Ald. Stevenson that renewals are first offered to those currently holding a license. Once a person invests in a license, they get a quasi property right to that license. j) Ald. Stevenson expressed concern over a vendor monopolizing the licenses. k) City Atty. Godlewski clarified that the way the ordinance reads now, a vendor could apply for all three.

9 Page 9 of 10 l) Ald. Ramos commented that his amendment is trying to keep anyone from monopolizing the licenses. If we do not do this now, we run the risk of a select number of individuals controlling the licenses. m) Ald. Lendrum commented that keeping the fees reasonably high would eliminate that problem. n) Ald. Pollnow indicated that based on the history of vendors, it would not be prudent to limit it to one. o) City Atty. Godlewski clarified for Ald. Stevenson that it is conceivable that the BID could apply for these licenses. p) Dir. Kroner added that in order to get a mobile foodvending license a valid copy of their health license must be provided. She does not foresee the BID applying for these licenses. One restaurant could though. q) City Atty. Godlewski clarified for Ald. Bates that if one person were operating three carts they would only need to provide one policy providing $1 million dollar coverage for all three. They would not need three policies. The vehicles are a different story. r) Clerk Sturn added that the Health License for a restaurant is different than the health license for these mobile carts/trucks. Restaurant would not have an advantage. s) Ald. Kunz indicated the biggest issue with the BID was the parking. They seemed to be supportive of this. He favors addressing this issue if and when it arises. t) The amendment ended in a tie vote, Mayor Scherck voted aye to break the tie, the amendment carried by a 5-4 RollCall-Pro System vote, Mayor Scherck and Ald. Ramos, Bates, Hamblin, Stevenson voting aye, Ald. Hillstrom, Kunz, Lendrum and Pollnow voting nay. 8. Dir. Kroner clarified for Ald. Bates that most vendors want to be close to Wisconsin Avenue where the population center for employees is. The other locations within the BID are not place they want to be doing business. They are allowed in private parking lots within those areas. This is the recommendation for the BID and staff. Those areas certainly could be added. 9. Ald. Kunz made a motion to amend Sec (i) by changing the hours of operation to 7:00 am to 9:00 pm and add (m) no person shall park, stop or operate a mobile food vending vehicle or cart in a location within 300 of the boundary line for any school. Motion died due to the lack of a second. 10. City Atty. Godlewski informed Ald. Bates that bars close at 2 am during the week and 2:30 am on the Friday and Saturday. He concurred that the noise ordinance would address noise from these vehicles as well. 11. Ald. Pollnow indicated the ordinance is well written and contains a lot of good things, however, he cannot support it with some of the amendments made.

10 Page 10 of 10 Resolutions B. The original motion, as amended, carried by the RollCall-Pro System, all voting aye, Ald. Pollnow voting nay I. Resolution No authorizing the issuance and sale of $5,270,000 General Obligation Promissory Notes. (Previously acted on) II. Initial Resolution No regarding Industrial Development Revenue Bond Financing for Galloway Company Project. (Previously acted on) Unfinished Business I. Ald. Stevenson brought up two budget issues discussed during the Budget Workshops. First, a formal budget for the N-M Fire Rescue Dive Team and the second a formal budget within the Police Department for the K9 unit. He questioned the status of these two items. A. Dir. Easker indicated they have been working on them with Deputy Dir. Handevidt. He will check on the status of them and bring them to the Finance & Personnel Committee. New Business I. Mayor Scherck s announced his appointment to fill the expired term of James Czech and Bonnie Flegle on the Loan Assistance Board for 3-year terms to expire June 2015 will be considered at the June 5, 2013 Council meeting. II. III. IV. Mayor Scherck advised that one of the vacant positions on the Committee on Aging will be appointed at the next meeting. There is still on vacant position. Ald. Stevenson advised the Council that the Line Up number for the Memorial Day Parade is Line Up #25. They will be lining up on Second Street on the west side of Milwaukee Street. He will send an out for those interested. He reminded everyone that family members are welcome to walk along. Ald. Lendrum acknowledged the passing of John Jack Hefty reading a personal tribute to him. Adjournment I. MSC Pollnow/Ramos to adjourn at 8:34 p.m., all voting aye. Patricia A. Sturn, WCPC/MMC