FINAL

City of Neenah COMMON COUNCIL AGENDA (1)

Wednesday, December 3, 2014 - 7:00 p.m. Neenah City Hall

Council Chambers I. Roll Call and Pledge of Allegiance. FOX CITIES GREENWAYS GRANT PRESENTATION TO THE CITY OF NEENAH II. Introduction and Confirmation of Mayor’s Appointment(s).

A. Mayor Kaufert’s reappointment of Marc Snyder and Tina Palmer on the BID Board, term expires December 2017. (Motion to Confirm) (RollCall-Pro)

B. Mayor Kaufert’s reappointment of Ted Galloway and Lori Kiel on the Park & Recreation Commission, term expires December 2017. (Motion to Confirm) (RollCall-Pro)

C. Mayor Kaufert’s reappointment of Jim Gunz on the N-M Sewerage Commission, term expires December 2017. (Motion to Confirm) (RollCall-Pro)

D. Mayor Kaufert’s reappointment of Dave Rause on the Sustainable Neenah Committee, term expires December 2017. (Motion to Confirm) (RollCall-Pro)

E. Swearing in III. Approval of Council Proceedings. (None)

A. The Proceedings of the Tuesday November 18, 2014 Special Council/Budget Public Hearing will be approved at the December 3, 2014 Council meeting.

IV. Public Hearings. (None)

V. Plan Commission report pertaining to the public hearings. (None) VI. Consideration of ordinances pertaining to the public hearings. (None)

VII. Consideration of resolution pertaining to the public hearings. (None) VIII. Public Forum.

A. Speakers should give their name and residential address (not mailing address) and are allowed five minutes to speak on any topic.

IX. Mayor/Council consideration of public forum issues. X. Consent Agenda.

A. Approve Beverage Operator license for: Kathryn A. Al-Tal, Krista L. Danielsen, Candy A. Eake, Caroline H. Ecker, April J. Fonder, Jessica L. Galeazzi, Mark J. Ingledew, Eric T. Lintner, Suzanne M. McDonald, Kristi A. Rector, Robert J. Schmidt, Eileen M. Spradlin and Katie F. Zwick. (PSSC)

B. Approve the new beverage operator license application for Matthew R. Dorobek contingent upon payment of a delinquent utility bill of $104.07 and any other outstanding City fees. (PSSC)

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C. Approve preliminary plat of the Castle Oak IV Subdivision subject to conditions. (PC)

D. Approve Extraterritorial Final Plat of the Forest Glen Subdivision. (PC) E. (RollCall-Pro)

XI. Reports of standing committees and consideration thereof.

A. Regular Public Services and Safety Committee meeting of November 25, 2014: (2) (Minutes can be found on the City web site) 1. Committee recommends Council approve the Skyview Drive dewatering

manhole upgrades in the estimated amount of $30,033 with funding to come from the existing project budget ($18,000) to be supplemented with funds from the Lift Station Upgrades budget and the Miscellaneous Sanitary Sewer Repair budget. (RollCall-Pro)

2. Committee recommends Council approve the purchase of 4 LED street light fixtures for the Winneconne Avenue/Harrison Street system with funds coming from the First Street/North Water Street/Third Street capital project. (RollCall-Pro)

B. Special Finance and Personnel Committee meeting of December 3, 2014: 1. Waiver of the 24-hour rule relative to providing minutes for Council

consideration and action. 2. Consideration of Committee recommendation regarding Bell Street – Right-

of-Way Acquisition: CTI Realty, LLC. (RollCall-Pro) 3. Consideration of Committee recommendation regarding lease termination

agreement with Fox Valley Energy. (RollCall-Pro) C. Regular Finance and Personnel Committee meeting of November 24, 2014:

(Cancelled)

XII. Reports of special committees and liaisons and various special projects committees and consideration thereof. A. Regular Plan Commission meeting of November 25, 2014: (Minutes can be found

on the City web site) (3) (No Report) B. Library Board

1. Report from the Library Board – Ald. Erickson C. Landmarks Commission

1. Report from the Landmarks Commission – Alderman Lang D. Bergstrom Mahler Museum of Glass

1. Report from the Bergstrom Mahler Museum of Glass – Alderman Lang E. Reports on neighborhood groups.

1. Business Improvement District Board (BID Board) – Alderman Erickson XIII. Presentation of ordinances and resolutions and consideration thereof. (None)

XIV. Presentation of petitions.

A. Petition for Direct Annexation for Lakeview School. (Motion to refer to Finance & Personnel Committee and the Plan Commission. (4) (RollCall-Pro)

B. Any other petition received by the City Clerk’s Office prior to the Common Council meeting.

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XV. Council Directives. (5) XVI. Unfinished Business. XVII. Presentation of communications, claims, memorials, accounts and other new business.

A. Mayor Kaufert’s appointment to fill the expired terms of Ken Bonkowski on the Board of Appeals, term expires January 2018. (To be considered at the January 7, 2015 Council meeting)

B. Any announcements/questions that may legally come before the Council. C. The Council will convene in closed session pursuant to Wis. Stat. Sec. 19.85(1)(e)

for the purpose of considering the following matters: 1. Discuss bargaining strategy relating to acquisition of property at the west end

of downtown. 2. Discuss bargaining strategy regarding a development agreement for a

development project in the industrial area north of CTH G adjacent to US Hwy 41.

D. Adjournment.

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

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

CITY OF NEENAH Public Services and Safety Committee Meeting Minutes

Tuesday, November 25, 2014 - 7:00 P.M. Hauser Room - City Administration Building

Present: Chairman Hillstrom, Aldermen Bates, Hamblin and Lang Excused: Ald. Lendrum Also Present: Mayor Kaufert, City Attorney Godlewski, Director of Public Works Kaiser, Alderman Pollnow, Alderman Kunz, Bradley Hartmann, Chris Lang, David Meixl, Jill Meixl, Peter Buchta, Jeff Buchta A quorum of the Common Council was present, but no action of the Council was taken. MINUTES: Motion/Second/Carried Bates/Hamblin to approve the minutes of the October 28, 2014, regular meeting and November 18, 2014, special meeting. All voting aye APPEARANCES: Bradley Hartmann, 501 E. Wisconsin Avenue, addressed the Committee to request consideration of changes to the fence ordinance. He requested that the ordinance be revised to broaden the exception to the 3-foot height limitation to include all fences that are 75% open to vision instead of limiting the exception to chain link fences. He noted that ornamental fences would satisfy the 75% limitation, are more aesthetically pleasing than chain link fences, match the character of many neighborhoods, and would bring Neenah in alignment with other area communities. He provided the Committee with a packet of information about his request, which included his written statement, Fence Permit instructions provided by the Department of Community Development and Assessment, photo comparisons of chain link and wrought iron fences, and regulations from nearby communities. Mayor Kaufert noted that he had spoken to the owner of Whirlwind Fence, the installer of Mr. Hartmann’s fence, and Community Development and Assessment Director Haese about the matter. He clarified that the fence on Mr. Hartmann’s property does violate the current ordinance and was placed without a permit. Jeff Buchta, 416 E. Wisconsin, addressed the Committee to express support for Mr. Hartmann’s request. He stated that the fence at 501 E. Wisconsin Avenue is aesthetically pleasing and replaced a hedge along the property. Committee directed Director Kaiser to provide Mr. Hartmann’s information to the Department of Community Development and Assessment to review the matter and bring it to a future Committee meeting. Chairman Hillstrom informed Mr. Hartmann that he would be notified of that meeting. COUNCIL REFERRALS: None UNFINISHED BUSINESS: None NEW BUSINESS: Parks and Recreation: None

Public Services and Safety Committee Meeting Minutes November 25, 2014 Page 2 Police Department: None Community Development Department: None Public Works Department: Discussion of Skyview Drive Dewatering Manhole: Director Kaiser reviewed the history of the dewatering manhole at 1198 Skyview Drive and the current need for upgrading. He noted that the equipment was properly sized at the time it was installed in 1999, but it has been inadequate to handle conditions in the past several years. The manhole currently houses two pumps that provide a pumping capacity of about 130 gallons per minute. In recent years, the City has provided a portable gas-powered pump that provides an additional 350 to 400 gallons per minute pumping capacity. The proposed improvement would replace the existing pumps in the manhole with pumps that each has a capacity of 400 gallons per minute. The projected cost for the work is just over $30,000. City Attorney Godlewski reviewed legal aspects of the installation. He stated that the current state of the law does not require a correction of an undersized capacity since the design of the manhole was a discretionary action by the city. That immunity does not extend to maintenance - once the manhole was installed, it needed to be maintained, as it has been. He noted that if the Committee wished to establish the City’s level of service for the manhole, one way to address that would be to negotiate an amendment to the existing easement on the property to recognize the existence of the dewatering manhole and the upgrade to its capacity. Peter Buchta, 1198 Skyview Drive, addressed the Committee to provide background on the impact of the operation of the dewatering manhole on his property. Jeff Buchta, 416 E. Wisconsin Avenue, addressed the Committee to provide supporting information. Peter Buchta indicated that groundwater problems were not disclosed to him prior to his purchasing the property about five years ago. He stated that his family was away from the house from June through October of 2010. In August 2010, the high water alarm at the dewatering manhole went off. His father discovered 1-1.5 feet of water in the basement. The basement needed to be gutted and refinished at a cost of about $20,000. In that process, mold was discovered. Since then, there has been water in the basement 10-15 times. He noted that when the portable pump is placed, the City has provided him with gasoline to refuel the pump. He does not believe that he is the only one in the neighborhood that has groundwater problems. He also noted that he was not made aware of any responsibility for the dewatering manhole when he purchased the property. Upon questioning from the Committee, the Buchta's indicated that during periods of high ground water, water enters the basement from numerous locations including the joint between the floor and the foundation wall and through micro-cracks in the floor. David and Jill Meixl, 1202 Lynrose Lane, related their experience with basement flooding in the area around the Lake Edge Lift Station. They indicated that their basement flooded the first week of April 2014 when one of their two sump pumps failed. They have since upgraded their sump pump system.

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Public Services and Safety Committee Meeting Minutes November 25, 2014 Page 3 Ald. Bates noted that she has heard from other residents in the area that there were water problems at 1198 Skyview Drive prior to the Buchta’s ownership. Peter Buchta stated that the house couldn’t be sold if the dewatering manhole is not upgraded. Jeff Buchta stated that the house couldn’t be sold if the City caps its involvement in the dewatering manhole. Ald. Kunz addressed the Committee to suggest a consideration of non-mechanical solutions to the problem with the creation of an underground conduit for the groundwater. Ald. Pollnow addressed the Committee to ask if any research had been done regarding language to amend the existing easement. City Attorney Godlewski noted that research on that specific matter has not been done. Committee discussed the potential of filling the basement to a level that avoids the issue. David Meixl addressed the Committee to question if the City could acquire and demolish 1198 Skyview Drive and put the land to use. City Attorney Godlewski noted that it could only be done if a public purpose could be established. Committee discussed numerous aspects of the issue including current pump operations, the operation of the proposed pumps, and general issues with home construction in areas of high rock. Director Kaiser indicated that the proposed pumps are the largest that would fit into the existing manhole. To go with a larger pumps would require a new manhole and 3-phase power to the site, which could double the project cost. He stated that his reason in bringing the issue to Committee is to gain authorization to proceed with the work given the unique nature of this installation as the only ground water pumping station in the City. If the project goes forward, he also requested approval of the funding source for the project cost over the budgeted funding of $18,000. The consensus of the Committee was to not push for the cap on City involvement in the manhole. City Attorney Godlewski clarified that the proposed upgrade does not create a duty to address a future problem. Following discussion, Motion/Second/Carried Lang/Bates to recommend Council approve the Skyview Drive dewatering manhole upgrades in the estimated amount of $30,033 with funding to come from the existing project budget ($18,000) to be supplemented with funds from the Lift Station Upgrades budget and the Miscellaneous Sanitary Sewer Repair budget. All voting aye Request to Purchase LED Lighting Fixtures: Committee reviewed Director Kaiser's November 20, 2014, memo requesting approval to purchase 4 LED street light fixtures to complete the conversion of the Winneconne Avenue/Harrison Street system from 250 W HPS lights to 130W LED lights. Funds for the purchase will come from the First Street/North Water Street/Third Street LED street light conversion project, which came in approximately $2,189 under budget. Following discussion Motion/Second/Carried Bates/Lang to approve the purchase of 4 LED street light fixtures for the Winneconne Avenue/Harrison Street system with funds coming from the First Street/North Water Street/Third Street capital project. All voting aye

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. Public Services and Safety Committee Meeting Minutes November 25, 2014 Page 4 Public Works General Construction and Department Activity: 1. (Contract 2-14, Concrete Pavement Construction) Main Street/Green Bay Road

intersection, Winneconne Avenue/Harrison Street intersection, Dixie Rd Relocation - All work is complete. Staff is reconciling final quantities with the contractor in preparation for a final estimate.

2. (Contract 3-14, Epoxy Pavement Marking) All work is complete. Staff is reconciling final quantities with the contractor in preparation for a final estimate.

3. (Contract 4-14, Miscellaneous Concrete Sidewalk and Pavement Repair) Work is complete for this year. Contract work will be carried forward into next year. A year-end payment estimate is being prepared.

4. (Contract 5-14, Hot-Mix Asphalt Pavement Patch) Work is complete. Staff is reconciling final quantities with the contractor in preparation for a final estimate. There was additional work on this project related to driveway patching done as part of the Breezewood Lane sidewalk installation.

5. Graybar Electric provided two sample LED lighting fixtures that were installed in the Church Street Parking Ramp. Similar samples are being provided from other vendors.

6. Staff has completed topographic survey work on Bridgewood Drive, Shooting Star Drive, Elmwood Court, Jean Street and Green Street. Survey work on Meadowview, Hillcrest and Green Meadows, scheduled to start the week of November 24, was postponed due to weather. Ald. Bates noted a concern from a Hillcrest Drive resident that water pressure be adequate at the end of the street to reach emergencies on US 41. Director Kaiser stated that he would relay the concern to Water Utility Director Taylor.

7. GRAEF has provided a preliminary plan for the Main Street Bridge over the Neenah Slough. Project specifications are being prepared.

Ald. Lang inquired as to plans to dredge the Nature Trails L-shaped pond. Director Kaiser noted that those plans are moving forward. Ald. Hillstrom noted the Special Finance & Personnel Committee meeting scheduled to address a property purchase related to the storm sewer extension to the Commerce Court Pond and trail. Ald. Pollnow addressed the Committee to request that Director Kaiser update the project spreadsheet to account for recent costs. Licenses: Beverage Operator License Applications: The Committee reviewed the beverage operator license applications for Kathryn A. Al-Tal, Krista L. Danielsen, Candy A. Eake, Caroline H. Ecker, April J. Fonder, Jessica L. Galeazzi, Mark J. Ingledew, Eric T. Lintner, Suzanne M. McDonald, Kristi A. Rector, Robert J. Schmidt, Eileen M. Spradlin and Katie F. Zwick. Following discussion, Motion/Second/Carried Bates/Hamblin to recommend Council approve beverage operator license applications for Kathryn A. Al-Tal, Krista L. Danielsen, Candy A. Eake, Caroline H. Ecker, April J. Fonder, Jessica L. Galeazzi, Mark J. Ingledew, Eric T. Lintner, Suzanne M. McDonald, Kristi A. Rector, Robert J. Schmidt, Eileen M. Spradlin and Katie F. Zwick. All voting aye

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. Public Services and Safety Committee Meeting Minutes November 25, 2014 Page 5 Beverage Operator License Application (New) - Delinquent Fee: Committee reviewed the new beverage operator license for Matthew R. Dorobek. Mr. Dorobek currently has a delinquent utility bill of $104.07. Following discussion, Motion/Second/Carried Bates/Hamblin to recommend Council approve the new beverage operator license application for Matthew R. Dorobek contingent upon payment of a delinquent utility bill of $104.07 and any other outstanding City fees. All voting aye Announcements/Future Agenda Items: None Motion/Second/Carried Hamblin/Lang to adjourn at 8:47 p.m. All voting aye Respectfully submitted, Gerry Kaiser Director of Public Works

MINUTES OF THE NEENAH PLAN COMMISSION Tuesday, November 25, 2014

4:15 p.m.

Present: Mayor Dean Kaufert, Members Nick Piergrossi, Kate Hancock-Cook, Tim Hamblin, Gerry Andrews (entered meeting at 4:20), Karen Genett, and Gerry Kaiser. Also present: Deputy Director of Community Development Brad Schmidt, Office Manager Samantha Jefferson, Ald. Marge Bates and members of the public. Minutes: MSC Piergrossi/Kaiser to approve the October 28, 2014. All voting aye. Public Appearances: Ald. Marge Bates voiced her appreciation that the road called “Calvary” on the Castle Oak IV Subdivision preliminary plat was changed to “Cavalry.” Public Hearings: None. Consideration and recommendation of a preliminary plat for the Castle Oak IV Subdivision: The Department of Community Development received a preliminary plat for the Castle Oak Subdivision Phase 4. This comes after the first, second and third phases were completed in 2004, 2007, and 2009. The proposed plat conforms to the original concept plan for the Castle Oak Subdivision and all the lots exceed the minimum lot size for a single-family residential lot within the City of Neenah. One of the conditions that staff has asked the Plan Commission to require of the applicant was an inclusion of an open swale along the rear lot lines. Member Piergrossi mentioned that occasionally these swales can back up and overtime be filled. He asked how that situation could be prevented. Member Kaiser explained that maintenance conditions could be put into the Development Agreement. Jim Sehloff, the representative for Davel Engineering, expressed that the developer would like to discuss other options rather than an open swale. Due to an eight-foot utility easement, the developer argues that the easement plus the swale would take away too much of the backyards. Deputy Director Schmidt suggested that the condition of the swale be changed and to allow staff to work with the developer to determine a mutually agreed upon solution. Member Hamblin asked if conditions could be attached to the type of street lights that would be placed in this Subdivision. Currently, there is no policy in the City Code to require any particular type of street light. MSC Piergrossi/Kaiser, the Commission recommends Council approval of the preliminary plat of the Castle Oak IV Subdivision subject to the following conditions:

1. Change Calvary Lane to Cavalry Lane.

2. Remove Wallace Lane and replace with Cavalry Lane.

3. The Final Plat must include all utility easements.

4. Include the name(s) of the current land owner and/or subdivider.

5. Provide the Zoning Districts of land adjoining the proposed subdivision and identify adjoining land within the Town of Neenah.

6. Verification that Lots 132 and 133 meet the minimum lot width of 60 feet as measured at the building line.

7. Page 2.1 (Construction and Erosion Control Detail) Typical Street Section Change 3" Asphalt Pavement to 3 3/4" Asphalt Pavement and change Base Course to 12" of 1 1/4" Crushed Aggregate Base Course.

8. Developer will work with staff to determine an acceptable solution to the drainage issue along lots 142-149.

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Plan Commission Minutes October 28, 2014 Page 2

9. Prior to approval of the Final Plat, the developer and the City shall finalize a Developers Agreement which outlines the responsibilities of each party in regards to the proposed subdivision.

10. Staff will contact We Energies to determine the possibility of placing LED streetlights in this subdivision.

Consideration and recommendation of an extraterritorial final plat for the Forest Glen Subdivision in the Town of Menasha: The Department of Community Development received a request for the review of the Extraterritorial Final Plat for the Forest Glen Subdivision in the Town of Menaha. This final plat is made up of 13 lots and 2 outlots (originally 15 lots). While the plat is within the City’s exterritorial jurisdiction, it is outside of the City’s future growth area. All lots meet the minimum requirements of the City of Neenah’s Subdivision Ordinance. Mayor Kaufert suggested that although a boundary agreement between the Town of Menasha and the City is not required if the Town of Menasha incorporates, the City has communicated that it would be preferable to have one. The Chairman of the Town of Menasha has expressed that it would be a possibility. MSC Kaiser/Genett, the Commission recommends Council approval of the Extraterritorial Final Plat of the Forest Glen Subdivision. All voting aye. Announcements and future agenda items: Deputy Director Schmidt informed the committee that an Official Map Amendment should be expected at the next meeting. Also, the U-W extension office has asked if the City of Neenah Plan Commission members could meet with the City of Oshkosh and the City of Menasha Plan Commission members for Plan Commission training. Deputy Director Schmidt will look into dates and times. Adjournment: The Commission adjourned its meeting at 4:45 P.M. Respectfully Submitted, Samantha Jefferson Office Manager

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December 3, 2014 STATUS OF COUNCIL DIRECTIVES ISSUED SINCE JULY 1, 1981

Date of Directive Item Responsible Party Status 1/05/2011 Direct the Plan Commission to consider and draft an Ordinance creating a Planned Development Overlay District Ald. Ramos Pending 6/15/2011 Re-evaluate the decibel levels for the beer gardens Ald. Bates Pending in one year 12/18/2013 Direct the Community Development Department to engage Ald. Kunz Pending the Parking Task Force, Public Works and Police Dept. and utilize budgeted dollars to hire a consultant to gain an outside and expert opinion to complete the following: Identify current parking dynamics including parking inventory, current agreements, needs, resources, behaviors and expectations and present those findings to the Public Services & Safety Committee prior to March 31, 2014; and utilize the consultant’s information to propose a comprehensive parking plan to address current competing needs for customers, employees and residents, developing expectations for all groups based on comparables and best practices, strategies to best utilize the city’s resources and solutions to acquire, maintain, and control an adequate parking inventory. In conjunction, propose a comprehensive parking plan to address current demands and encourage future downtown development including: proposed parking sites and facilities; financial implications and solutions; and timelines and stages. Both portions of the comprehensive parking plan will be presented to the Council prior to July 31, 2014.