City of Neenah COMMON COUNCIL AGENDA (1) Wednesday ... · Smith and Kathryn J. Zanin. (RollCall-Pro) 2. Consideration of Committee recommendation regarding the extension of the Retail

Amended

City of NeenahCOMMON COUNCIL AGENDA (1)

Wednesday, September 20, 2017 - 7:00 p.m.Neenah City Hall

Council Chambers

I. Roll Call and Pledge of Allegiance.

II. Introduction and Confirmation of Mayor’s Appointment(s).A. Mayor Kaufert’s reappointment of Robert Suess on the Committee on Aging, term

expires September 2020. (Motion to confirm) (RollCall-Pro)B. Swearing in

III. Approval of Council Proceedings of September 6, 2017 regular session and September 8,2017 special session. (Proceedings and Minutes can be found on the City web site) (2, 3,4 & 5) (RollCall-Pro)

IV. Public Hearings. (None)

V. Plan Commission report pertaining to the public hearings. (None)

VI. Public Forum.A. Speakers should give their name and residential address (not mailing address) and

are allowed five minutes to speak on any topic.

VII. Mayor/Council consideration of public forum issues.

VIII. Consent Agenda.A. Approve proposed CSM and accept the land for public right-of-way along Cavalry

Lane subject to the following condition: Change the proposed lots to Outlots.B. (RollCall-Pro)

IX. Reports of standing committees and consideration thereof.A. Special Public Services and Safety Committee meeting of September 20, 2017:

1. Consideration of Committee recommendation regarding Beverage OperatorLicense Applications for: Elizabeth D. Cavanagh, Christopher A. DeWolf,Danyelle A. Faulkcon, Delilah Gilbertson, Lindsey A. Hartz, Makenzie R.Jameson, Samantha A. Jones, Scott A. Juve, Dean R. Kaufert, Mark A.Lembcke, Maricela Ortiz, Victoria L. Ostrowski, Brittany A. Pitzrick, Shaun E.Smith and Kathryn J. Zanin. (RollCall-Pro)

2. Consideration of Committee recommendation regarding the extension of theRetail “Class A” Malt & Liquor license premise for Wal-Mart Stores East, LPd/b/a Walmart #2986, 1155 W. Winneconne Avenue to allow an outside driveup (pickup) for online beer & liquor sales. (RollCall-Pro)

3. Consideration of Committee recommendation regarding new Retail “Class A”Malt & Liquor License to Emilio S. Severiano, Individual, d/b/a Sabino’sRestaurant, 208 W. Wisconsin Avenue (formerly Cy’s Asian Bistro).(RollCall-Pro)

Council AgendaSeptember 20, 2017Page 2 of 3

F:\CLERK\WPDATA\CouncilMinutesAgendas\A 20170920 CC.docx

B. Regular Public Services and Safety Committee meeting of September 12, 2017:(Cancelled)

C. Regular Finance and Personnel Committee meeting of September 11, 2017:(Cancelled)

X. Reports of special committees and liaisons and various special projects committees andconsideration thereof.A. Regular Plan Commission meeting of September 12, 2017: (Council Rep Lang)

(Minutes can be found on the city web site (6) No Report.1. Commission recommends Council approve the site plan for the Cold Storage

Building at 565 Jensen Road with the following conditions:Obtain all necessary building permits prior to any construction, alteration, orsign installation. (RollCall-Pro)

2. Commission recommends Council approve the proposed CSM and acceptthe land for public right-of-way along Cavalry Lane subject to the followingcondition: Change the proposed lots to Outlots. (RollCall-Pro)

B. Board of Public Works meeting of September 12, 2017: (Vice Chairman Hillstrom)(Minutes can be found on the City web site) (7)1. Information Only Items:

a) The Board approved Pay Estimate No. 4 for Contract 3-17 ParkingLot, Street and Trail Construction to Sommers ConstructionCompany, Inc. Shiocton in the amount of $217,052.21.

b) The Board approved Pay Request No. 5 for Contract PR17-02Washington Park Improvements to R&R Wash Materials, Ripon in theamount of $53,204.90.

C. Community Development Authority Update1. Update from the CDA – Chris Haese

D. Sustainable Neenah Committee1. Report from the Sustainable Neenah Committee – Ald. Kunz

E. Library Board1. Report from the Library Board – Ald. Erickson

XI. Presentation of petitions.A. Any other petition received by the City Clerk’s Office after distribution of the agenda.

XII. Council Directives. (8)

XIII. Unfinished Business.

XIV. New Business.A. Mayor Kaufert’s appointment to fill the expired terms of Tom Buchta, Peter Casper

and John Ross on the Neenah Harbor Committee – terms expire October 2020. (Tobe considered at the October 4, 2017 Council meeting)

B. Mayor Kaufert’s appointment to fill the expired term of Tim Hamblin on theWaterworks Commission – term expires October 2022. (To be considered at theOctober 4, 2017 Council meeting)

C. Any announcements/questions that may legally come before the Council.

Council AgendaSeptember 20, 2017Page 3 of 3

F:\CLERK\WPDATA\CouncilMinutesAgendas\A 20170920 CC.docx

D. The Council will convene in closed session pursuant to Wis. Stats. § 19.85(1)(c) forthe purpose of discussing the draft preliminary results of the Carlson Dettmansuccession study of the Department of Legal & Administrative Services (DOLAS).

E. The Committee will reconvene in open session and may take action on mattersdiscussed in closed session, if any.

XV. Adjournment.

“Neenah City Hall is accessible to the physically disadvantaged. If specialaccommodations are needed please contact the Neenah City Clerk’s Office

at 886-6100 at least 24 hours in advance of the meeting.”

Proceedings of the Common Council of the City of Neenah Wednesday, September 6, 2017 - 7:00 p.m.

The Common Council of the City of Neenah, Winnebago County, Wisconsin, met in regular session at 7:00 p.m., September 6, 2017 in the Council Chambers of Neenah City Hall. Mayor Kaufert in the chair. Present: Aldermen Boyette, Bates, Hillstrom, Lendrum, Erickson, Lang, Pollnow, Kunz & Stevenson, Director of Finance Easker, Director of Community Development & Assessment Haese, Director of Public Works Kaiser, Acting City Attorney Captain and City Clerk Sturn. Also Present: Police Chief Wilkinson, Fire Chief Kloehn and Director of Information Systems Wenninger. Mayor Kaufert called the meeting to order at 7:00 pm. Proceedings I. MSCRP Pollnow/Erickson to approve the Council Proceedings of the regular

meeting of August 16, 2017 and Committee of the Whole minutes of August 16, 2017, all voting aye.

Consent Agenda I. MSCRP Pollnow/Lendrum to approve the Consent Agenda as follows:

A. Approve Beverage Operator license for: Amber L. Dillenburg, Cody M. Henson, Kelly I. Hollander, Daniel C. Krieg, Raymundo Medina Jr., Jamison Pierce, Shannon L. Sicairos, James A. Maguire, and Samantha R. Thao contingent upon payment of all outstanding City or Utility fees. (PSSC)

B. Approve the temporary “Class B" retail beer/wine license to CASA of the Fox Cities for their Lion’s Tail Oktoberfest to be held at 116 S. Commercial Street on September 22 & 23, 2017. (PSSC)

C. Approve the temporary “Class B" retail wine license to Bergstrom-Mahler Museum for their Searching for Excellence Symposium to be held at 165 N. Park Avenue on September 8 & 9, 2017. (PSSC)

D. Approve the change of agent/trade name for Ultimate Mart LLC, d/b/a Pick N Save #6412, 828 Fox Point Plaza, Rodney Crow, agent. (PSSC)

E. All voting aye. Public Services and Safety Committee I. Chairman Bates reported the special meeting of August 29, 2017:

A. Committee recommends Council approve the purchase of a 2017 13-yard Elgin Megawind from Bruce Municipal Equipment of Menomonee Falls for $257,647, minus a trade-in amount of $12,000, if the current unit is

Council Proceedings September 6, 2017 Page 2 of 3

not sold on GovDeals.com, for a net price of $245,647 with funds coming from the 2017 capital equipment budget. MSCRP Bates/Stevenson, all voting aye.

B. Committee recommends Council approve the purchase of a Spaulding 4-ton hot box from Sherwin Industries, Inc. of Milwaukee for $41,257, minus a trade-in amount of $3,500 for a net price of $37,757, with the additional $5,757 needed to come from excess funds for 2017 Public Works capital equipment purchases. MSCRP Bates/Hillstrom, all voting aye.

C. Committee recommends Council approve the purchase of a 2018 4WD 1500 HD work truck from Bob Fish GMC of West Bend for $27,775 using the insurance payout of $26,908 with the additional $867 needed to come from excess funds for 2017 Public Works capital equipment purchases. MSCRP Bates/Lendrum, all voting aye.

Finance & Personnel Committee I. Chairman Pollnow reported the regular meeting of August 28, 2017:

A. Committee recommends Council approve Resolution No. 2017-21 repealing and replacing the Community Development Department Planning and Zoning Fee Schedule to include the Tourist Housing Permit of $50, with an annual permit renewal required at no additional cost to the property owner. MSCRP Pollnow/Stevenson, all voting aye, Ald. Boyette and Pollnow voting nay.

B. Committee recommends Council amend the 2017 TIF #9 Capital budget by $100,000 and to transfer reserve funds of up to $100,000 from TID #7 to TID #9 to fund the lighting of the recently completed Bergstrom Trail. MSCRP Pollnow/Kunz, all voting aye.

C. Committee recommends Council’s authorization to enter into agreements with Enterprise Systems Group (ESG) of Little Chute and Meyer Services of Appleton to upgrade/enhance the City’s current external WiFi network at a cost not to exceed $56,000. Funding will be split between carry forward funds from Information System’s 2015 ($6,000) and 2016 ($50,000) CIP budgets. MSCRP Pollnow/Stevenson, all voting aye.

D. Committee recommends Council retain Credit Services of the Fox Valley, Inc. on a commission basis to assist in the collection of delinquent personal property taxes. MSCRP Pollnow/Erickson, all voting aye.

E. Committee recommends Council approve the claim of Mr. Alvin Long, Claim 17-9, for the revised amount of $6,698.17. MSCRP Pollnow/ Boyette, all voting aye.

N-M Fire Rescue Jt. Finance & Personnel Committee I. Vice Chairman Kunz reported the regular meeting of August 22, 2017:

A. Committee recommends the City of Neenah and City of Menasha Common Councils approve NMFR’s 2018 Cost Distribution Formula with the City of Neenah’s weighted share at 59.56% and the City of

Council Proceedings September 6, 2017 Page 3 of 3

Menasha’s weighted share at 40.44%. MSCRP Kunz/Pollnow, all voting aye.

B. Committee recommends the City of Neenah and City of Menasha Common Councils approve Hietpas Welding, Inc. for the steel decking upgrades at a cost not to exceed $22,765.00 and approve the building materials list to enclose the 2nd floor of the training tower for a cost not to exceed $3,535.00 with construction to be completed by NMFR staff members for a grand total of $26,300. $17,500 of this project would be funded through the Neenah Police Department’s approved 2017 CIP budget and the remaining $8,800 would be funded through NMFR’s approved CIP budget. MSCRP Kunz/Stevenson, all voting aye.

Adjournment I. MSC Pollnow/Stevenson to convene in closed session pursuant to Wis.

Stats. § 19.85(1) (e) for the purpose of discussing a bargaining strategy related to the acquisition of property in the Gateway Redevelopment District at 8:25 p.m., all voting aye.

II. It was noticed that the Council would reconvene in open session to take action on

matters discussed in closed session however since to action was necessary the Council adjourned in closed session. MSC Stevenson/Pollnow to adjourn at 9:33 p.m., all voting aye.

Patricia A. Sturn, WCPC/MMC City Clerk

COMMON COUNCIL MINUTES Wednesday, September 6, 2017 - 7:00 p.m.

The Common Council of the City of Neenah, Winnebago County, Wisconsin, met in regular session at 7:00 p.m., September 6, 2017 in the Council Chambers of Neenah City Hall. Mayor Kaufert in the chair. Present: Aldermen Boyette, Bates, Hillstrom, Lendrum, Erickson, Lang, Pollnow, Kunz & Stevenson, Director of Finance Easker, Director of Community Development & Assessment Haese, Director of Public Works Kaiser, Acting City Attorney Captain and City Clerk Sturn. Also Present: Police Chief Wilkinson, Fire Chief Kloehn and Director of Information Systems Wenninger. 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. Mayor Kaufert welcomed Menasha’s City Atty. Pam Captain and thanked her for sitting in for City Atty. Godlewski in his absence. Proceedings I. MSCRP Pollnow/Erickson to approve the Council Proceedings of the regular

meeting of August 16, 2017 and Committee of the Whole minutes of August 16, 2017, all voting aye.

Consent Agenda I. MSCRP Pollnow/Lendrum to approve the Consent Agenda as follows:

A. Approve Beverage Operator license for: Amber L. Dillenburg, Cody M. Henson, Kelly I. Hollander, Daniel C. Krieg, Raymundo Medina Jr., Jamison Pierce, Shannon L. Sicairos, James A. Maguire, and Samantha R. Thao contingent upon payment of all outstanding City or Utility fees. (PSSC)

B. Approve the temporary “Class B" retail beer/wine license to CASA of the Fox Cities for their Lion’s Tail Oktoberfest to be held at 116 S. Commercial Street on September 22 & 23, 2017. (PSSC)

C. Approve the temporary “Class B" retail wine license to Bergstrom-Mahler Museum for their Searching for Excellence Symposium to be held at 165 N. Park Avenue on September 8 & 9, 2017. (PSSC)

D. Approve the change of agent/trade name for Ultimate Mart LLC, d/b/a Pick N Save #6412, 828 Fox Point Plaza, Rodney Crow, agent. (PSSC)

E. All voting aye.

Council Minutes September 6, 2017 Page 2 of 8 Public Services and Safety Committee I. Chairman Bates reported the special meeting of August 29, 2017:

A. Committee recommends Council approve the purchase of a 2017 13-yard Elgin Megawind from Bruce Municipal Equipment of Menomonee Falls for $257,647, minus a trade-in amount of $12,000, if the current unit is not sold on GovDeals.com, for a net price of $245,647 with funds coming from the 2017 capital equipment budget. MS Bates/Stevenson. 1. Dir. Easker clarified for Ald. Kunz that there are times where the

department can get a better deal or it is more appropriate to have the trade in take place. We are then taking the value of the trade in and showing it as revenue in the general fund.

2. Ald. Pollnow clarified that in 2016 the budget include $100,000 in hopes we could use the value of the sale of vehicles to supplement the general fund. That did not prove as fruitful as we hoped.

3. Motion carried, by a 9-0 RollCall-Pro System vote, all voting aye.

B. Committee recommends Council approve the purchase of a Spaulding 4-ton hot box from Sherwin Industries, Inc. of Milwaukee for $41,257, minus a trade-in amount of $3,500 for a net price of $37,757, with the additional $5,757 needed to come from excess funds for 2017 Public Works capital equipment purchases. MS Bates/Hillstrom. 1. Ald. Kunz expressed concern over the trade-in with this purchase

and the need for additional dollars from the 2017 Public Works capital equipment budget.

2. Dir. Easker clarified that the additional amount to be taken from the capital equipment budget should be the $5,757 plus the $3,500 ($9,257.00). He further clarified for Ald. Bates that the additional $9,257 will be taken from the capital equipment budget and the $3,500 will go into the general fund as essentially the sale of the old hot box.


C. Committee recommends Council approve the purchase of a 2018 4WD 1500 HD work truck from Bob Fish GMC of West Bend for $27,775 using the insurance payout of $26,908 with the additional $867 needed to come from excess funds for 2017 Public Works capital equipment purchases. MS Bates/Lendrum. 1. Dir. Easker clarified for Mayor Kaufert that our insurance company

will go after the additional $867.00 over and above the payout. 2. Ald. Bates asked for an explanation of replacement value versus

payout amount. 3. Dir. Easker clarified that our auto insurance is built to have

replacement value. That replacement value may or may not even be the amount of the payout. He will report back if there is any change.


Council Minutes September 6, 2017 Page 3 of 8

Finance & Personnel Committee I. Chairman Pollnow reported the regular meeting of August 28, 2017:

A. Committee recommends Council approve Resolution No. 2017-21 repealing and replacing the Community Development Department Planning and Zoning Fee Schedule to include the Tourist Housing Permit of $50, with an annual permit renewal required at no additional cost to the property owner. MS Pollnow/Stevenson. 1. Ald. Pollnow advised that he voted against this in committee as he

feels it is hard to enforce. His concern is it is a one-time fee yet there is a lot of work on the back end on an annual basis.

2. Ald. Bates questioned any liability for the City if they issue a permit. 3. Dir. Haese clarified it is basically to keep track 4. Mayor Kaufert added that there is a possibility of room tax and

notification to the Room Tax Commission. 5. Dir. Haese clarified for Ald. Lendrum that this is an enforcement tool. 6. Ald. Bates questioned if there is a penalty if they do not obtain a

permit. 7. Dir. Haese advised that they would issue a citation similar to any

other permit. 8. Ald. Boyette advised that she voted against this in committee. She

does not agree with the way the fee is and the way the plan is structured. She will vote no.

9. Motion carried, by a 7-2 RollCall-Pro System vote, all voting aye, Ald. Boyette and Pollnow voting nay.

B. Committee recommends Council amend the 2017 TIF #9 Capital budget by $100,000 and to transfer reserve funds of up to $100,000 from TID #7 to TID #9 to fund the lighting of the recently completed Bergstrom Trail. MSCRP Pollnow/Kunz, all voting aye.

C. Committee recommends Council’s authorization to enter into agreements with Enterprise Systems Group (ESG) of Little Chute and Meyer Services of Appleton to upgrade/enhance the City’s current external WiFi network at a cost not to exceed $56,000. Funding will be split between carry forward funds from Information System’s 2015 ($6,000) and 2016 ($50,000) CIP budgets. MSCRP Pollnow/Stevenson, all voting aye.

D. Committee recommends Council retain Credit Services of the Fox Valley, Inc. on a commission basis to assist in the collection of delinquent personal property taxes. MS Pollnow/Erickson. 1. Ald. Bates question how much uncollected personal property tax is

owed. 2. Dir. Easker advised that they have pursued aggressively in the past

18 months to two years collection of these unpaid personal property taxes. Unlike real estate taxes, the City if not made whole for personal property taxes by Winnebago County. Personal property taxes are assessed to businesses on property used for the operation of their business. The State budget is in the process of eliminating this tax. In the meantime, we are required by law, to


assess the small business tax on the value of that property. At this point we are pushing forward with a credit agency to aggressively pursue these delinquent taxes. We have collected upwards of $90,000 of delinquent taxes that accumulated all the way back to 2010. We will hand over to Credit Services about $90,000 as well. Those delinquencies have gone way down in the past couple years.

3. Mayor Kaufert added that Dir. Easker and City Atty. Godlewski have done a nice job of attacking this over the past couple of years. As Dir. Easker stated, the State is in the process of phasing this out. The phase out will make municipalities whole. This is a self-reporting tax. Providing they continue to make us whole during this phase out period this should be okay in his opinion. Other than licenses/permits, we do not have much of a hammer to use to collect this tax.

4. Ald. Lendrum questioned what happens to those that are still delinquent if this is phased out.

5. Mayor Kaufert indicated the legislature did not make this retroactive so technically they will still owe the tax.

6. Dir. Easker concurred indicating any phase out will only effect businesses moving forward.


E. Committee recommends Council approve the claim of Mr. Alvin Long, Claim 17-9, for the revised amount of $6,698.17. MSCRP Pollnow/ Boyette, all voting aye.

N-M Fire Rescue Jt. Finance & Personnel Committee I. Vice Chairman Kunz reported the regular meeting of August 22, 2017:

A. Committee recommends the City of Neenah and City of Menasha Common Councils approve NMFR’s 2018 Cost Distribution Formula with the City of Neenah’s weighted share at 59.56% and the City of Menasha’s weighted share at 40.44%. MSCRP Kunz/Pollnow, all voting aye.

B. Committee recommends the City of Neenah and City of Menasha Common Councils approve Hietpas Welding, Inc. for the steel decking upgrades at a cost not to exceed $22,765.00 and approve the building materials list to enclose the 2nd floor of the training tower for a cost not to exceed $3,535.00 with construction to be completed by NMFR staff members for a grand total of $26,300. $17,500 of this project would be funded through the Neenah Police Department’s approved 2017 CIP budget and the remaining $8,800 would be funded through NMFR’s approved CIP budget. MSCRP Kunz/Stevenson, all voting aye.

Board of Public Works I. Vice Chairman Hillstrom reported the meeting of August 29, 2017:

A. Information Only Items:


1. The Board approved Pay Request No. 4 for Contract PR17-02 for Washington Park Improvements to R&R Wash Materials, Inc., Ripon in the amount of $22,175.39.

II. Vice Chairman Hillstrom reported the meeting of September 5, 2017:

A. Information Only Items: 1. The Board approved Change Order No. 3 for Contract 1-17

Miscellaneous Sewer and Water Main Construction and Street Construction on Cecil Street and Higgins Avenue to De Groot, Inc., Green Bay for $79,729.44.

2. The Board approved Pay Estimate No. 5 for Contract 1-17 Miscellaneous Sewer and Water Main Construction and Street Construction on Cecil Street and Higgins Avenue to De Groot, Inc., Green Bay for $235,638.80.

3. The Board approved Pay Estimate No. 4 for Contract 2-17 Miscellaneous Sewer and Water Main Construction and Street Construction on Cleveland Street, Edward Street and Helen Street to Don E. Parker Excavating, Inc., Hortonville for $122,891.66.

4. The Board approved Pay Request No. 3, Contract PR17-02 for Washington Park Improvements to R&R Wash Materials, Ripon for $76,077.32. 5. Dir. Kaiser, at the request of Ald. Pollnow, gave a brief

synopsis of the memo he provided to the Council prior to the meeting. The memo summarizes the discussion at the Board of Public Works meeting yesterday regarding Contract 1-17, the Cecil Street contract. The pay estimate brought before the Board was fairly close to final, there has not been a formal signoff from the contractor on quantities. The pay estimates returns all but $10,000 of the retainage so it is, for all intense purposed the final except for that minimal amount of retainage. That $10,000 retainage is being held because the contractor had some issues when paving the eastbound lane of Cecil Street between Maple and Oak which lead to a rougher than desired surface on that section of the street. More than likely a thin diamond grinding will be necessary next year. We have held enough in the retainage to cover the cost of that diamond grinding. The contractor is aware of why we are taking this approach.

6. Ald. Pollnow questioned how the incentive to complete the project early plays into this equation.

7. Dir. Kaiser advised that part of this change order is approving the $30,000 incentive payment to the contractor. The road was open well in advance of the target date for the contract and well in advance of the 15 bonus days he had available to him. They see no reason to hold that back from the contractor.

8. Ald. Pollnow expressed concern that completing the project early might have caused the bumpy pavement.


9. Dir. Kaiser advised that the integrity of the work done was not diminished by rushed work by the contractor trying to achieve the bonus. It was simply issues with the equipment. The hope is that riding and plowing on the street over the winter months will smooth it out. They will see how it looks in May.

10. Ald. Pollnow expressed concern over lack of time to review the memo provided by Dir. Kaiser. His concern is that with the $30,000 incentive being given and the $10,000 retainage, the contractor really comes out $20,000 ahead.

11. Ald. Bates indicated the incentive was $2,000 per day so even if they took the additional day to do the diamond grinding they would still get the maximum amount. Her concern is that this was not reported out in the minutes or listed on the agenda as it was acted on by the Board. She indicated this is essentially a final payment. She clarified that the $10,000 will be considered the final payment.

12. Ald. Pollnow indicated that is troublesome to him. He understands the process and agrees that it was not reported out that way however that is not the intent of the final payment being approved by Council.

13. Dir. Easker indicated it was brought up by the Board that this served as a final payment that the Council should act on. Technically it is not a final payment, the Board felt that because of the unique circumstance the Council should have been given the opportunity to vote on this as the final payment unfortunately it did not get reported out that way. The other option would be to report this out and act on it in two weeks.

14. Mayor Kaufert indicated if the Council would like to hold this because of procedure, it is their prerogative however this was reported out as an attempt to provide the Council more information.

15. Ald. Kunz expressed concern over holding back a final payment because of procedure.

16. MS Pollnow/Boyette to refer Pay Estimate No. 5 for Contract 1-17 Miscellaneous Sewer and Water Main Construction and Street Construction on Cecil Street and Higgins Avenue to De Groot, Inc., Green Bay for $235,638.80 back to Committee to determine if it should be a final payment with Council approval.

17. Ald. Stevenson indicated that $10,000 retained will be the final payment.

18. Ald. Pollnow indicated process is important. He expressed concern reiterating he would like time to read the memo provided by Dir. Kaiser.

19. Ald. Bates clarified that if this was the final it would have been in the amount of $$245,638.80.


20. Mayor Kaufert added that staff was showing respect for the Council by providing them information.

21. Motion failed 2-7, all voting nay, Ald. Boyette and Pollnow voting aye.

Landmarks Commission

I. Ald. Lang reported from the Landmarks Commission meeting of August 8, 2017: A. The Commission discussed the Landmarks next informational brochure.

Photography for this new piece of information for city residents will be taken by Click Photography. The goal is to help residents understand the importance of local landmarks and the value in having your home designated as a Neenah landmark.

B. The Commission discussed the 5th Annual Downtown Vintage Adventure Event which will be held on September 23rd from 11 am to 1 pm in downtown Neenah. During this time, the Landmarks Commission will sponsor horse drawn wagon rides narrated by historic Neenah characters. The rides will focus on Neenah history and the value of historic preservation to the community.

Reports on Neighborhood Groups.

I. Ald. Lang reported from the Business Improvement District Board (BID Board)

meeting of August 15, 2017: A. The Board was updated on the audit conducted by Baker Tilly. B. The Board reviewed an awning grant request from Sabino’s (formerly Cy’s

Asian Bistro). C. The Summer Madness Sales was recapped by the Public Relations and

Marketing Committee which went very well. D. The Downtown Employee Appreciation event will be held on September

14th for all downtown employees with treats and coffee in the morning and a happy hour in the afternoon.

E. The Downtown Farmers’ Market is celebrating 25 years on September 16th. F. The next Network Neenah event will be held on September 26th at Nicolet

Bank. G. Future Neenah’s Bike to Boogie event was held on August 30th and was a

great way to end the summer. Bergstrom Mahler Museum

I. Ald. Erickson report from the Bergstrom Mahler Museum meeting of August 23,

2017: A. The upcoming exhibit is, “Searching for Excellence” and will be at the

museum from September 8th thru February 1, 2018. The exhibit includes a curated selection of approximately 50 contemporary glass objects from private collections located throughout the Midwest. The exhibit explores how private collectors assist museums in building collections for the benefit of the public.

Council Minutes September 6, 2017 Page 8 of 8 New Business I. Mayor Kaufert announced that the City of Neenah will be recognized as a

monarch friendly city. Het, on behalf of the city, took the National Wildlife Federation's Mayors' Monarch Pledge to shine a spotlight on the iconic species whose populations have declined by 90% in the last 20 years and to raise awareness about monarch butterfly conservation in the City of Neenah. He presented Ald. Erickson with a citation declaring Monday August 28th as Mayor’s Monarch Pledge Day. A. Ald. Erickson accepted the Mayor’s citation. She advised that one in five

cities in the state are designated as a Monarch City. II. The Council discussed the 2nd Council meeting in October since some Council

members will attend Wednesday night events at the League of WI Municipalities Conference which is being held October 18th - 20th in Appleton. It was the consensus of the Council to keep the meeting on Wednesday night October 18th as the conference is in Appleton and no one has scheduled events for Wednesday night. A. Mayor Kaufert advised of a potential joint Neenah-Menasha Council

meeting on Tuesday October 17th to discuss the opening of the bids for the Trestle Trail. That meeting is not finalized yet.

Adjournment I. MSC Pollnow/Stevenson to convene in closed session pursuant to Wis.

Stats. § 19.85(1) (e) for the purpose of discussing a bargaining strategy related to the acquisition of property in the Gateway Redevelopment District at 8:25 p.m., all voting aye.

II. It was noticed that the Council would reconvene in open session to take action on

matters discussed in closed session however since to action was necessary the Council adjourned in closed session. MSC Stevenson/Pollnow to adjourn at 9:33 p.m., all voting aye.


Proceedings of the Special Common Council Meeting of the City of Neenah Friday, September 8, 2017 – 11:00 a.m.

The Common Council of the City of Neenah, Winnebago County, Wisconsin, met in regular session at 11:00 a.m., September 8, 2017 in the Council Chambers of Neenah City Hall. Mayor Kaufert in the chair. Present: Aldermen Boyette, Bates, Hillstrom, Lendrum, Erickson, Lang, Pollnow, Kunz & Stevenson, Director of Finance Easker, Director of Community Development & Assessment Haese and City Clerk Sturn. Director of Public Works Kaiser and City Attorney Godlewski were excused. Also Present: Scott Boelter and Forrest Bates. Mayor Kaufert called the meeting to order at 11:05 am. Resolution No. 2017-25 I. MSCRP Stevenson/Pollnow to adopt Resolution No. 2017-25 amending the

2017 City of Neenah Operating Budget to meet the Expenditure Restraint Program requirements under Wis. Stat. §79.05, all voting aye.

Adjournment I. MSC Stevenson/Pollnow to adjourn at 11:15 a.m., all voting aye.


SPECIAL COMMON COUNCIL MINUTES Friday, September 8, 2017 – 11:00 a.m.

The Common Council of the City of Neenah, Winnebago County, Wisconsin, met in regular session at 11:00 a.m., September 8, 2017 in the Council Chambers of Neenah City Hall. Mayor Kaufert in the chair. Present: Aldermen Boyette, Bates, Hillstrom, Lendrum, Erickson, Lang, Pollnow, Kunz & Stevenson, Director of Finance Easker, Director of Community Development & Assessment Haese and City Clerk Sturn. Director of Public Works Kaiser and City Attorney Godlewski were excused. Also Present: Scott Boelter and Forrest Bates. Mayor Kaufert called the meeting to order at 11:05 am. 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. Resolution No. 2017-25 I. Dir. Easker explained that the Wisconsin Department of Revenue Local

Government Services Bureau, which administers the Expenditure Restraint Program (ERP) informed him that it will only round the percentage increase to the nearest hundredths (two digits) which would technically make the 2017 increase 1.8% over 2016 General Fund Expenditures Budget, disqualifying the City for the 2018 ERP program payment. To regain ERP eligibility we need to amend the 2017 General Fund Expenditure budget to reduce it by $800 to $24,049,490 for an increase of $423,930 over 2016 or 1.794% increase. He recommended adoption of Resolution No. 2017-25. A. Resolution No. 2017-25 amending the 2017 City of Neenah Operating

Budget to meet the Expenditure Restraint Program requirements under Wis. Stat. §79.05 was presented. 1. MS Stevenson/Pollnow to adopt Resolution No. 2017-25

amending the 2017 City of Neenah Operating Budget to meet the Expenditure Restraint Program requirements under Wis. Stat. §79.05.

2. Ald. Pollnow advised that the resolution distributed with the agenda yesterday is incorrect. The red line version that was on their desk for this meeting is the version that would need to be adopted. It has minor language changes made by the City Attorney.


Special Council Minutes September 8, 2017 Page 2 of 2 Adjournment I. MSC Stevenson/Pollnow to adjourn at 11:15 a.m., all voting aye.


MINUTES OF THE NEENAH PLAN COMMISSION Tuesday, September 12, 2017

4:15 p.m.

Present: Mayor Dean Kaufert, Chairman

PRESENT Gerry Kaiser, Director of Public Works

PRESENT Nick Piergrossi, Vice Chairman

ABSENT

Kate Hancock-Cooke PRESENT Ald. Christopher Kunz PRESENT Karen Genett PRESENT Gerry Andrews ABSENT Ald. Jane Lang PRESENT

Also present:

Brad Schmidt, Deputy Director of Community Development

Ald. Cari Lendrum Mark Tushar, Co-Owner/President Derby Molded Products, 565 Jensen Road

Minutes: MSC Kunz/Kaiser, to approve the July 25, 2017 meeting minutes. All Aye. Motion passed. Public Appearances: None Public Hearings: None Action Items:

1. Site Plan Review – 565 Jensen Road - Cold Storage Building Deputy Director Schmidt explained Derby Molded Products submitted a site plan for the construction of a new cold storage facility located at 565 Jensen Road in the Southpark Industrial Center. The proposed building is 3,200 square feet and meets all building setback requirements and does not exceed the maximum lot coverage of buildings on the subject site. Ald. Kunz asked about the Industrial Park guidelines. Deputy Director Schmidt explained the covenants no longer apply. Mayor Kaufert asked if there will be hazardous chemicals storage on this site. Mark Tushar, Co-Owner/President Derby Molded Products stated the storage facility will be utilized for finished product storage. Ald. Kunz inquired about the plumbing, heating and electrical in the proposed building. Deputy Director Schmidt confirmed that this will be cold storage facility with electrical but without plumbing or heating. The new building will require a new concrete slab which would be started before winter. MSC Kaiser/Genett, Plan Commission approved the site plan for the Cold Storage Building at 565 Jensen Road with the following conditions: 1. Obtain all necessary building permits prior to any construction, alteration, or sign installation. All Aye.

2. CSM – 3 Lots and Public Road Dedication, Calvary Lane – Castle Oak Development, LLC Deputy Director Schmidt explained the proposed CSM dedicates the remaining portion of Calvary Lane in the Castle Oak Subdivision as public right-of-way. The developer was required to dedicate this right-of-way to ensure there would be an adequate connection between the 4th and 5th phases of the development should the remaining phase not be constructed in a timely manner. The CSM creates 3 new lots which do not have adequate access and fail to meet the minimum depth-to-width ratio (2:1). These lots have a larger length vs. depth which would require a variance. Designating the 3 lots as outlots would protect the City’s interest if the developer proposes a plat in the future. Ald. Kunz asked if the developer would build on these lots. Deputy Director Schmidt explained that at some point the developer will come with a new plat to develop. Should the remaining phase not be constructed in a timely manner, the City could create a road. Designating the 3 lots as outlots would protect the City’s interest if the developer proposes a plat in the future. Ald. Kunz felt the road was not an ideal layout as the roads were too close and went nowhere. He questioned the importance of connecting the roads. Director Kaiser expressed he is not thrilled with Phase 5 of Castle Oak due to the multiple dead ends. This CSM is an assurance that if the economy has a downturn, the City can create a connecting road to improve the efficiency. Mayor Kaufert asked about the depth of the 3 lots. Director Kaiser explained Lot 1 and Lot 3 would be 80x130. Member Ganett asked about the road width. Deputy Director Schmidt stated the road would be 60 feet wide. Member Genett her concern about the developer creating 60 foot lots.

Plan Commission Minutes September 12, 2017 Page 2

MSC Kaiser/Lang, Plan Commission recommends Council approve the proposed CSM and accept the land for public right-of-way along Cavalry Lane subject to the following condition: 1. Change the proposed lots to Outlots. All Aye.

Announcements and future agenda items: Next Plan Commission meeting is scheduled for September 26, 2017. Deputy Director Schmidt explained the next meeting agenda will include Site Plan Review and future development plans proposed by Galloway Company. Adjournment: The Commission adjourned its meeting at 4:35 P.M. MSC Kaiser/Lang. All Aye. Respectfully Submitted,

Cassandra Kohls Administrative Assistant, Community Development

CA

Minutes of the Board of Public Works Meeting Tuesday, September 12, 2017 – 12:00 p.m.

Council Chambers

MEMBERS PRESENT: Mayor Kaufert, Director of Finance Easker, Director of Public Works Kaiser, Director of Community Development & Assessment Haese, Aldermen Hillstrom and Bates. City Attorney Godlewski was excused. ALSO PRESENT: City Clerk Sturn and Director of Parks & Recreation Kading. Mayor Kaufert called the meeting to order at 12:00 p.m. MINUTES: MS Hillstrom/Kaiser approve the minutes from the September 5, 2017 Board of Public Works meeting.

Ald. Bates indicated she would like the minutes to reflect that discussion took place on whether Pay Estimate No. 5 for Contract 1-17 was a final payment and would need Council approval.

Dir. Kaiser indicated if this would happen again he would bring forward the final payment and escrow out the $10,000.

Ald. Bates indicated she does not feel the $10,000 is enough to hold the contractor to completing the work.

MSC Bates/Hillstrom to amend the minutes of September 5, 2017 by inserting after Dir. Kaiser’s comment that this should technically be a final payment, “discussion took place on whether or not Pay Estimate No. 5 for Contract 1-17 should be a final payment and require Council approval”, all voting aye.

The original motion, as amended, carried, all voting aye.

APPEARANCES: None. UNFINISHED BUSINESS: None. NEW BUSINESS: Public Works Department: Pay Estimate No. 4 for Contract 3-17: Dir. Kaiser requested approval of Pay Estimate No. 4 for Contract 3-17 Parking Lot, Street and Trail Construction to Sommers Construction Company, Inc. Shiocton in the amount of $217,052.21. MSC Kaiser/Haese to approve Pay Estimate No. 4 for Contract 3-17 Parking Lot, Street and Trail Construction to Sommers Construction Company, Inc. Appleton in the amount of $217,052.21, all voting aye. Parks & Recreation: Pay Request No. 5, Contract PR17-02: Dir. Kading recommended approval of Pay Request No. 5 for Contract PR17-02 Washington Park Improvements to R&R Wash Materials, Ripon in the amount of $53,204.90. The primary work included in this pay

Board of Public Works Minutes September 12, 2017 Page 2 of 2 request is asphalt. MSC Bates/Kaiser to approve Pay Request No. 5, Contract PR17-02 Washington Park Improvements to R&R Wash Materials, Ripon for $53,204.90, all voting aye. Dir. Easker questioned whether a discussion should be put on a future agenda regarding final payments when retainage is held. Following a short discussion it was the consensus of the Board to place the discussion of the protocol for final payments when retainage is held on a future agenda. MSC Hillstrom/Easker to adjourn at 12:25 p.m., all voting aye.

Respectfully Submitted,

Patricia A. Sturn

City Clerk

F:\CLERK\WPDATA\Council\Council Directives\Council Directives.docx

STATUS OF COUNCIL DIRECTIVES ISSUED SINCE JULY 1, 1981

Date: September 20, 2017 Date of Directive: 10/05/2016

Item: Review the street assessment policy – Ordinance Chapter 13.5(D) (2).

Responsible Party: Ald. Pollnow

Status: Pending

Documents

City of Neenah COMMON COUNCIL AGENDA (1) Wednesday ... · Smith and Kathryn J. Zanin. (RollCall-Pro) 2. Consideration of Committee recommendation regarding the extension of the Retail