city of neenah public services and safety committee ...€¦ · public services and safety...

In accordance with the requirements of Title II of the Americans with Disabilities Act (ADA), the City of Neenah will notdiscriminated against qualified individuals with disabilities on the basis of disability in its services, programs, or activities. Ifyou need assistance, or reasonable accommodation in participating in this meeting or event due to a disability as definedunder the ADA, please call the Public Works Administrative Assistant at (920)886-6240 or the City’s ADA Coordinator at(920)886-6106 or e-mail [email protected] at least 48 hours prior to the scheduled meeting or event to request anaccommodation.

CITY OF NEENAHPUBLIC SERVICES AND SAFETY COMMITTEE MEETING

Tuesday, September 11, 2018 - 6:30 PMHauser Room - City Administration Building

NOTICE IS HEREBY GIVEN, pursuant to the requirements of Wis. Stats. Sec. 19.84, that a majority of the NeenahCommon Council may be present at this meeting. Common Council members may be present to gather informationabout a subject over which they have decision-making responsibility. This may constitute a meeting of the NeenahCommon Council and must be noticed as such. The Council will not take any formal action at this meeting.

A G E N D A

1. Approval of Minutes of the August 28, Regular Meeting (Minutes can be found on theCity website)

2. Public Appearances

3. Arrowhead Park - Proposed Agreement for Professional Services GeotechnicalExploration and Engineering (Attachment)

4. Ordinance 2018-12: Possession of Tobacco and Vapor Products by Minors Prohibited(Attachment)

5. Ordinance 2018-14: Solid Waste Collection and Disposal (Attachment)

6. Licensesa. Beverage Operator License Applications (Attachment)b. Liquor License Review Subcommittee (Attachment)

1. Town Council Kitchen and Bar2. The Wobbly Painter, LLC

7. Public Works General Construction and Department Activity (Attachment)

8. Announcements / Future Agenda Items

9. Adjournment

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CITY OF NEENAHPUBLIC SERVICES AND SAFETY COMMITTEE MEETING MINUTES

Tuesday, August 28, 2018 - 6:34 PMHauser Room - City Administration Building

Present: Aldermen Bates, Hillstrom, Lendrum and Stevenson

Excused: Alderman Lang

Also Present: Mayor Kaufert, Director of Public Works Kaiser, Police Chief Olson, AssistantPolice Chief Sievert, Police Captain Gonzalez, Director of Parks and Recreation Kading,Traffic Engineer Merten, Ned Hughes, Eric Henzel, Bill Pollnow

Minutes:Motion/Second/Carried Lendrum/Hillstrom to approve the minutes of the July 24,2018, Regular Meeting, the July 24, 2018, Non-Renewal Hearing; and the August 15,2018, Special Meeting. All voting aye.

Public Appearances: None.

Rotary Club Grant for Family Fun Night: Captain Gonzalez reviewed his August 28, 2018,memo requesting authorization to receive a Rotary Club Grant in the amount of $2,730 tobe used for the Neenah Police Department’s 2019 Family Fun Night. Captain Gonzaleznoted that the grant amount was above the $2,500 threshold for department head approval.He noted that all funds needed to hold the event are donated. Chief Olson recognized thework of Officer Driscoll in organizing and fundraising for the event. Committee discussedscheduling and the expected attendance for the event.

Following further discussion, Motion/Second/Carried Lendrum/Hillstrom to recommendCouncil approve Police Department receipt of a Rotary Club Grant in the amount of$2,730 to be used for their Family Fun Night event. All voting aye.

Building Repairs and Updates: Captain Gonzalez reviewed his August 28, 2018, memooutlining the needed structural repairs and updates to the Police Station, which include roofreplacement, evidence room remodeling and HVAC installation. He noted that the variousrepair projects benefit from being done together. The roof has exceeded its life expectancyand has been spot repaired numerous times. The evidence room remodeling is needed tobring the on-site evidence processing area into compliance with accreditation standards. Henoted that this is the first year of a two-year project for the evidence area. He indicated thatthe Department would be requesting $50,000 in the 2019 capital budget for the secondphase of the work. The HVAC work is needed to isolate the evidence room air flow from therest of the building. He noted that the 2018 capital budget included $122,000 for the roofreplacement and $50,000 for this phase of the evidence room work. He reviewed theproposals received for the roof replacement. He noted that Borsche Roofing Professionals,who provided the low proposal of $99,677, have done most of the repairs on the existingroof. He reviewed the evidence room and HVAC proposals. Staff recommends acceptanceof the proposal from Energy Control and Design for the HVAC work in the amount of$33,508. Staff also recommends acceptance of the proposal from Miller Masonry for theevidence room remodeling in the amount of $21,300.

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Public Services and Safety Committee MeetingAugust 28, 2018Page 2

Captain Gonzalez noted that the amount budgeted in 2018 for these work items totals$172,000. The total amount of the cost proposals is $154,485.

Assistant Chief Sievert described the work involved in both phases of the evidence roomremodeling. He discussed alternative configurations that had been considered. He notedthe concern with the potential airborne distribution of fentanyl that will be addressed with theHVAC work. He noted that the evidence storage building at Fire 31 is used for evidencestorage for large items and items that must be maintained indefinitely. He outlined therequirements for indefinite storage of items and noted the problems that other jurisdictionsare also having with these requirements.

Committee discussed the proposals received. Committee discussed project management.Captain Gonzalez noted that Building Manager Keesler would be coordinating the work ofthe contractors. Mayor Kaufert expressed his preference that this work be postponed untilwork can proceed on the building addition proposed in the 2021 capital improvementprogram. Captain Olson stated that the work proposed is intended to address immediateneeds whereas the building addition is not certain. Mayor Kaufert requested that staff checkinto grants available for this work.

Following discussion, Motion/Second/Carried Hillstrom/Lendrum to recommendCouncil approve the remodel and updates to the evidence room, concurrently withthe roof repair of the Neenah Police Department, with an estimated total cost of$154,485 and funding to come from borrowed funds included in the 2018 CIP Budget.All voting aye.

Motion/Second/Carried Hillstrom/Lendrum to amend the agenda to address item 6a– St. Joe’s 5K Run and item 7 - Temporary Class “B” (Picnic) Beer License Application- Greater Fox Cities Area Habitat for Humanity. All voting aye.

Street Use Permit – St. Joe’s 5K Run/Walk: Committee reviewed the Street Use Permit forthe 25th Annual St. Joe’s 5K Run/Walk to be held on Saturday, October 13, 2018. NedHughes reviewed the changes proposed for the event. He stated that two courses had beendeveloped – one to be used if ground conditions are dry and the other to be used if groundconditions are wet. The dry weather course does not cross Cecil Street. The wet weathercourse would cross Cecil Street and use Reddin, Winneconne, Baldwin, Hickory, Cecil andBaldwin to reach the trail by the golf course. He stated that $5,828 was raised in the 2017event. Traffic Engineer Merten stated that no issues were reported during the 2017 event.Committee discussed how the determination of Dry or Wet route would be made. TrafficEngineer Merten indicated that it would be a mutual decision that must be made far enoughin advance to allow appropriate notifications. Mr. Hughes noted the involvement of the golfcourse manager in the layout of the event.

Following discussion, Motion/Second/Carried Hillstrom/Lendrum to recommend theChairman of the Public Services and Safety Committee sign and the Council approvethe Street Use Permit for the 25th Annual St. Joe’s 5K Run/Walk, sponsored byPacesetters Running Club, Inc., Ned Hughes, P.O. Box 681, Menasha to be held onOctober 13, 2018. All voting aye.

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.Public Services and Safety Committee MeetingAugust 28, 2018Page 3

Temporary Class “B" (Picnic) Beer License Application - Greater Fox Cities Area Habitat forHumanity: The Committee reviewed the request for a temporary Class “B" (picnic) beerlicense application from the Greater Fox Cities Habitat for Humanity for their Lions’ TailOktoberfest event to be held on September 14 & 15, 2018. Eric Henzel, event representativeaddressed the Committee. Committee reviewed the event layout, the schedule for livemusic, the food provider and the method of identifying customers who are old enough to buyalcoholic beverages.

Following discussion, Motion/Second/Carried Lendrum/Stevenson to recommendCouncil grant a temporary Class “B" (picnic) beer license to the Greater Fox CitiesHabitat for Humanity for their Lion’s Tail Oktoberfest to be held at 116 S. CommercialStreet on September 14 & 15, 2018. All voting aye

Washington Park - Phase 2: Construction Administration Agreement from Ayres andAssociates: Director Kading reviewed the Washington Park Phase 2 ConstructionAdministration Agreement from Ayres and Associates. The Park and RecreationCommission has reviewed and recommends acceptance of the agreement. The agreementis a not-to-exceed amount of $10,000. He noted that the construction bid is still goingthrough the approval process. Ald. Stevenson requested that Director Kading inform theCouncil of the final amount paid under this agreement at the conclusion of the work.

Following further discussion, Motion/Second/Carried Hillstrom/Stevenson torecommend Council accept the agreement for professional services from Ayres andAssociates for Construction Administration for Phase 2 Washington Park in anamount not to exceed $10,000 using 2018 CIP funds. All voting aye.

Washington Park - Phase 3 & 4: Agreement from Ayres and Associates for Design,Engineering and Bidding Documents: Director Kading reviewed the Washington Park Phase3 and 4 agreement from Ayres and Associates for design, engineering and biddingdocuments. Phase 3 and 4 include the splash pad, tennis/pickleball court and buildinglandscaping. He stated that the goal of starting this design work now is to have biddocuments available in early 2019 when more contractors should be available to bid on thework and pricing should be more favorable than was seen with the bids this year. Committeediscussed the funding arrangement if the project is bid prior to borrowing for the 2019 capitalimprovement program. Committee discussed the risk of combining the design work for bothphases if future Council action splits the project. Director Kading stated that the consultantcan be instructed to prepare materials in such a way as to allow the work to be split withoutmajor effort. He noted that the cost for this agreement would come from the $610,000 infunds budgeted for 2018.

Following further discussion, Motion/Second/Carried Hillstrom/Stevenson torecommend Council accept the agreement for Professional Services from Ayres andAssociate for Design, Engineering and Bid Document Services for Phases 3 and 4 atWashington Park, to be bid either consolidated or split, in an amount of $76,556 using2018 CIP funds. Motion passed 3-1 (Ald. Lendrum voting No).


Arrowhead Park - Proposed Agreement for Professional Services Geotechnical Explorationand Engineering: Director Kading reviewed the Arrowhead Park proposed agreement withSEH in the amount of $54,650 for professional services for geotechnical exploration andengineering. The agreement is specifically for the drilling and analysis of the soil boringsthat will meet the WI-DNR requirements for developing on a capped land fill as well asdetermine the stability of the current dike. He noted that borings in the area of the futureroadway are needed to evaluate support available for the road design. He noted that SEHwas hired to handle the overall park development plan but that SEH had received quotesfrom several firms to do the actual soil boring work. Committee discussed the disposal ofthe material excavated during the boring.

Committee expressed that the building site area must have had previous approval in orderto construct the Minergy project and questioned the need to conduct borings in this areaagain. Director Kading indicated that WDNR is requiring that borings be done in this areain order to develop the site. He stated that any borings that were done previously were donefor that earlier project but that the City needs to perform borings for its project. He statedthat the boring requirement comes out of the exemption that WDNR granted for developmentof the site. Committee discussed the potential of recovering the cost of these borings if anon-city entity builds on this site. Mayor Kaufert suggested that staff meet with WDNR todiscuss the purpose and need for the borings in the building area.

Following further discussion, the consensus of the Committee was to have staff bring thisrequest back for review after meeting with WDNR staff.

Solid Waste Ordinance 2018-14: Director Kaiser reviewed Solid Waste Ordinance 2018-14.Ald. Lendrum expressed a concern with the future of recycling given the current state of therecycled plastics market. Ald. Stevenson noted that there is an ebb and flow to thesemarkets. Director Kaiser noted that the state requirement to recycle will not be lifted. MayorKaufert noted that in addition to plastics, recycling includes cardboard, paper, glass andmetal, so there will continue to be a need to offer recycling.

Bill Pollnow, 534 S. Lake Street, addressed the Committee to question the cartreplacement/maintenance fee that has been discussed recently. He noted that such a feewas not mentioned during the Council discussions on automated collection earlier this year.Director Kaiser stated that the fee was at this point a staff proposal to place the city in amore secure funding position for future replacement and maintenance of the carts. Ald.Stevenson noted that the fee proposal has not been formally brought to Council for reviewand approval.

Director Kaiser noted several properties that don’t cleanly fit the categories listed in theordinance and described how staff was determining those cart requirements. Director Kaiserinformed the Committee of recent correspondence from WDNR encouraging the City to usethe conversion as an opportunity to implement a pay-as-you-throw system to charge forrefuse disposal. He noted that Committee had reviewed that concept several years ago.The consensus of the Committee was to proceed without implementing a system to chargefor refuse disposal.

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.Public Services and Safety Committee MeetingAugust 28, 2018Page 5

Committee discussed the need to have the ordinance provide authorization to institute areplacement/maintenance charge or a charge for full cart replacement due to negligence.Mr. Pollnow addressed the Committee to suggest that the ordinance allow a property ownerto mark the address on the carts assigned to their property.

Following further discussion, the consensus of the Committee was to have Director Kaiserreview these issues with City Attorney Godlewski and bring a revised ordinance back forreview.

Street Use Permit – Plexus Family Run/Walk: Committee reviewed the Street Use Permitfor the Plexus Family Run/Walk to be held on Saturday, September 15, 2018. The run/walkwill use the Loop the Lake Trail. Traffic Engineer Merten noted that Plexus is managing theevent themselves this year and that it is open only Plexus employees or their families. Hestated that the event course would use River Street and Abby Avenue. Mayor Kaufertinformed the Committee that he had discussed the need to have a consolidated eventapproval process for events wishing to use Loop the Lake with Menasha’s mayor and FoxCrossing’s village president. Ald. Lendrum requested that reference to North Water Streetbe deleted from the event application. Committee discussed the event cost and residentnotification. Traffic Engineer Merten stated that he would revisit the calculation of the eventcosts.

Following discussion, Motion/Second/Carried Lendrum/Stevenson to recommend theChairman of the Public Services and Safety Committee sign and the Council approvethe Street Use Permit for the Plexus Family Run/Walk to be held on Saturday,September 15, 2018, with the deletion of any reference to the use of North Water Streetas part of the course. All voting aye.

Licenses:Beverage Operator License Applications: The Committee reviewed the beverage operatorlicense applications for Makayla J. Covill, Riley L. Driscoll and Rae L. Sorensen.

Following discussion, Motion/Second/Carried Lendrum/Hillstrom to recommendCouncil approve beverage operator license applications Makayla J. Covill, Riley L.Driscoll and Rae L. Sorensen. All voting aye.

Public Works General Construction and Department Activity:1. Contract 8-17 (Commerce Court Pond) – Work is complete. A final estimate is being

prepared.2. Contract 1-18 (Andrew, Richard, Geiger, Whiting) – Work is complete. Final clean-up

needs to be completed. A final estimate is being prepared.3. Contract 2-18 (Cecil, Adams) – Utility installation is complete on Adams. Roadway

excavation will start the week of August 27. Utility work on Cecil is ongoing. Staff willbe meeting with the contractor to discuss schedule or cost adjustments related to rockremoval on Cecil. Sanitary sewer on both streets has been televised. Staff will reviewthe videos to determine if there are any issues requiring correction. Mayor Kaufertindicated that the rains had caused the trench crossing Church Street to settle.

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4. Contract 3-18 (Nature Trails/Eaglecrest) – The contractor has divided the work into threephases. Phase 1 is Kingswood, Remington Rd, Paintbrush, Shootingstar, and Lone Oak.Phase 2 is Whispering Pines, Pondview and the west piece of Nature Trail. Phase 3 isRemington Ct and the east piece of Nature Trail.a. Phase 1: Work is complete. Staff is following up on landscaping concerns.b. Phase 2: Work is complete.c. Phase 3: Concrete work is complete. Rough backfill and finish grading is ongoing. This

will be followed by landscaping and paving.5. Contract 4-18 (Epoxy Pavement Marking) – Work is about 80% complete. The remaining

work in the contract is awaiting completion of pavement maintenance treatments on HarrisonStreet.

6. Contract 5-18 (Misc. Concrete Sidewalk/Pavement Repair) – The contractor is planning tostart work after Labor Day.

7. Contract 7-18 (HMA Pavement Repair) – The bid opening is scheduled for September 7.8. Automated Refuse/Recycling Collection – Cart selection surveys are being mailed the week

of August 27. Surveys are due on September 14. Customers can either return the cardattached to the survey, call in to a dedicated survey line or respond on-line with theirselections. Staff is now preparing a flyer to be delivered to each customer with their carts.The goal is still to be up and running in mid-October.

9. North Street – Staff met with representatives from Winnebago County Highways and theVillage of Fox Crossing to coordinate construction of CTH O and North Street with aproposed storm sewer project involving Fox Crossing and the Town of Neenah. The City’sportion of North Street will be included in the overall road construction plan being developedby Winnebago County. A cost-share agreement for design services and construction costswill be brought to the Council in the future.

10. Transportation Fee – A working group has been evaluating options for a fee structure.11. Menasha Sewer Agreement – Staff has been working with City Attorney Godlewski to finalize

an agreement for cross-jurisdiction sewer flows.12. City Hall boiler replacement is ongoing.13. Due to the heavy rainfalls of Aug. 26, 27 and 28, the sanitary sewer system was bypassed

at several locations to prevent basement sewer back-ups. The required notification toWDNR has been done.

Announcements/Future Agenda Items:Ald. Bates informed the Committee that Community Development staff is gathering informationon codes from other communities relative to nuisance properties.

Ald. Bates informed the Committee that she has been gathering liquor license information inpreparation for a future discussion of licensing.

Motion/Second/Carried Stevenson/Hillstrom to adjourn at 9:20 p.m. All voting aye.

Respectfully submitted,

Gerry Kaiser, PEDirector of Public Works

Department of Parks & Recreation Neenah

WISCONSIN

TO: Chair Bates and Members of the Public Services and Safety Committee

FROM: Michael T. Kading, Director of Parks & Recreation _ •

DATE: September 7, 2018

RE: Arrowhead Park — Proposed Agreement for Professional Services Geotechnical Exploration and Engineering

On August 28, 2018 the Public Services and Safety Committee requested additional information and conversation with the WI-DNR. On Friday, September 7 Mayor Kaufert and I participated in a conference call with four representatives from the WI-DNR and three representatives from SEH regarding Geotechnical requirements for soiling boring at Arrowhead Park.

Summary of the phone conference Data Collection In a letter dated November 15, 2017, the WI-DNR stated that, "The City will need to submit a geotechnical evaluation for structures proposed to be constructed on the landfill. Additionally, the City should evaluate the stability of the bulkhead dyke bordering Little Lake Butte des Morts." The DNR does not stipulate how this information is collected.

SEH representatives indicated that the number of borings and locations are based upon proposed structure locations and are the most economical way in which to collect the data required by the DNR and for the proper design and engineering of the proposed structures.

Hazardous Waste Waste removed from the landfill falls under the jurisdiction of the Federal government and by their ruling is considered hazardous waste which must be taken to a proper disposal site.

SEH further indicated that each core sample could be evaluated for hazardous waste concentration, but that would be more costly than to consider the waste as if it was at the highest concentration and haul to the proper location.

Please note that "structure" means anything that might be placed on the landfill that could affect the integrity of the cap this includes material to create positive drainage, road/parking, buildings etc...

Attached you will find the November 15, 2017, letter from the WI-DNR outlining requirements for development on the Arrowhead landfill along with email correspondence from SEH pertaining to potential questions from the Council regarding geotechnical evaluation of the site.

Creating Community Through People, Parks & Programs Department of Parks & Recreation

phone: 920-886-6062 PO Box 426

fax: 920-886-6069 Neenah, WI 54957-0426

[email protected]

Department of Parks & Recreation Neenah

WISCONSIN


FROM: Michael T. Kading, Director of Parks & Recreation _ •


RE: Arrowhead Park — Proposed Agreement for Professional Services Geotechnical Exploration and Engineering

On August 28, 2018 the Public Services and Safety Committee requested additional information and conversation with the WI-DNR. On Friday, September 7 Mayor Kaufert and I participated in a conference call with four representatives from the WI-DNR and three representatives from SEH regarding Geotechnical requirements for soiling boring at Arrowhead Park.

Summary of the phone conference Data Collection In a letter dated November 15, 2017, the WI-DNR stated that, "The City will need to submit a geotechnical evaluation for structures proposed to be constructed on the landfill. Additionally, the City should evaluate the stability of the bulkhead dyke bordering Little Lake Butte des Morts." The DNR does not stipulate how this information is collected.

SEH representatives indicated that the number of borings and locations are based upon proposed structure locations and are the most economical way in which to collect the data required by the DNR and for the proper design and engineering of the proposed structures.

Hazardous Waste Waste removed from the landfill falls under the jurisdiction of the Federal government and by their ruling is considered hazardous waste which must be taken to a proper disposal site.

SEH further indicated that each core sample could be evaluated for hazardous waste concentration, but that would be more costly than to consider the waste as if it was at the highest concentration and haul to the proper location.

Please note that "structure" means anything that might be placed on the landfill that could affect the integrity of the cap this includes material to create positive drainage, road/parking, buildings etc...

Attached you will find the November 15, 2017, letter from the WI-DNR outlining requirements for development on the Arrowhead landfill along with email correspondence from SEH pertaining to potential questions from the Council regarding geotechnical evaluation of the site.

Creating Community Through People, Parks & Programs Department of Parks & Recreation

phone: 920-886-6062 PO Box 426

fax: 920-886-6069 Neenah, WI 54957-0426

[email protected]

WISCONSIN DEPT. OF NATURAL RESOURCES

State of Wisconsin DEPARTMENT OF NATURAL RESOURCES 2984 Shawano Avenue Green Bay WI 54313-6727

Scott Walker, Governor Daniel L. Meyer, Secretary

Telephone 608-266-2621 Toll Free 1-888-936-7463

TTY Access via relay - 711

November 15, 2017 FID 471013840

Winnebago County SW / Correspondence

Michael T. Kading, Director City of Neenah — Park and Recreation Department 211 Walnut Street Neenah, WI 54956

Subject: Closed Arrowhead Park (Former Neenah Parksite — Bergstorm) Landfill Conceptual Development Plan Response, Winnebago County, Wisconsin, WDNR License No. 2299

Dear Mr. Kading:

On September 29, 2017, the Department of Natural Resources (department) received an exemption request for development on the closed Arrowhead Park landfill (WDNR License No. 2299) from Short Elliott Hendrickson, Inc. (SEH) on behalf of the City of Neenah (City). The report, entitled, "Arrowhead Park Development Plan," and dated September 20, 2017 includes a conceptual development plan for a seven-phase development plan for the closed landfill. The report proposes multiple structures including a sledding hill, community building, terraced community theater, public terrace, landscaping, and additional parking and sidewalks. As discussed, since the plan is only conceptual the department is unable to grant an exemption until more detailed design information can be provided for our review. However, the department has reviewed the conceptual design and believes your development plan should be feasible. You will need to resubmit the request for an exemption once you have further details regarding your proposed development design.

Additionally, please consider the following as you prepare your proposed development plans.

Initial comments regarding the proposed conceptual development plan: • In the department's May 20, 2016 Conditional Grant of Exemption for the Reuse of Contaminated Ash

Fill, the department approved the placement of contaminated soil or ash material on the landfill cover. The City will need to submit a plan sheet depicting all areas of the landfill cover where low hazard grant of exemption wastes have been placed. The City will also need to identify if the areas of the low hazard waste will be impacted by the development and include any plans for modifications to the final placement of those materials. Please keep in mind that the materials exceeded residual contaminant levels for direct contact and will need to be capped. Any modifications to the areas where these materials are currently placed may require a modification to the low hazard waste grant of exemption.

• The City will need to submit a geotechnical evaluation for structures proposed to be constructed on the landfill. Additionally, the City should evaluate the stability of the bulkhead dyke bordering Little Lake Butte des Morts.

• The department does not typically allow woody vegetation or long root system grasses to be planted on a closed landfill due to concerns of final cover integrity. The final plans should include specific information regarding the type of vegetation proposed, including anticipated root length and thickness of fill/final cover in these areas.

• The City should include an annual inspection and maintenance plan for the landfill after development including, but not limited to, evaluation and maintenance of the final cover, vegetation establishment,

wdnr.wi.gov

isconsin.gov Naturally WISCONSIN AMATO

PAPCII

State of Wisconsin DEPARTMENT OF NATURAL RESOURCES 2984 Shawano Avenue Green Bay WI 54313-6727

Scott Walker, Governor Daniel L. Meyer, Secretary

Telephone 608-266-2621 Toll Free 1-888-936-7463

TTY Access via relay - 711

WISCONSIN DEPT. OF NATURAL RESOURCES

November 15, 2017 FID 471013840

Winnebago County SW / Correspondence

Michael T. Kading, Director City of Neenah — Park and Recreation Department 211 Walnut Street Neenah, WI 54956

Subject: Closed Arrowhead Park (Former Neenah Parksite — Bergstorm) Landfill Conceptual Development Plan Response, Winnebago County, Wisconsin, WDNR License No. 2299

Dear Mr. Kading:

On September 29, 2017, the Department of Natural Resources (department) received an exemption request for development on the closed Arrowhead Park landfill (WDNR License No. 2299) from Short Elliott Hendrickson, Inc. (SEH) on behalf of the City of Neenah (City). The report, entitled, "Arrowhead Park Development Plan," and dated September 20, 2017 includes a conceptual development plan for a seven-phase development plan for the closed landfill. The report proposes multiple structures including a sledding hill, community building, terraced community theater, public terrace, landscaping, and additional parking and sidewalks. As discussed, since the plan is only conceptual the department is unable to grant an exemption until more detailed design information can be provided for our review. However, the department has reviewed the conceptual design and believes your development plan should be feasible. You will need to resubmit the request for an exemption once you have further details regarding your proposed development design.

Additionally, please consider the following as you prepare your proposed development plans.

Initial comments regarding the proposed conceptual development plan: • In the department's May 20, 2016 Conditional Grant of Exemption for the Reuse of Contaminated Ash

Fill, the department approved the placement of contaminated soil or ash material on the landfill cover. The City will need to submit a plan sheet depicting all areas of the landfill cover where low hazard grant of exemption wastes have been placed. The City will also need to identify if the areas of the low hazard waste will be impacted by the development and include any plans for modifications to the final placement of those materials. Please keep in mind that the materials exceeded residual contaminant levels for direct contact and will need to be capped. Any modifications to the areas where these materials are currently placed may require a modification to the low hazard waste grant of exemption.

• The. City will need to submit a geotechnical evaluation for structures proposed to be constructed on the landfill. Additionally, the City should evaluate the stability of the bulkhead dyke bordering Little Lake Butte des Morts.

• The department does not typically allow woody vegetation or long root system grasses to be planted on a closed landfill due to concerns of final cover integrity. The final plans should include specific information regarding the type of vegetation proposed, including anticipated root length and thickness of fill/final cover in these areas.

• The City should include an annual inspection and maintenance plan for the landfill after development including, but not limited to, evaluation and maintenance of the final cover, vegetation establishment,

wdnr.wi.gov

isconsin.gov Naturally WISCONSIN ‘1,F1141[12

' nECYCIED WC.

control of woody vegetation, landscaping and vegetation management, erosion control, storm water control and methane monitor inspections.

• If waste is excavated during any portions of development, the City will need to dispose of the waste in a licensed landfill facility.

• Positive storm water drainage will need to be maintained during and after development of the closed landfill. The development may require storm water permitting. Please contact the department's storm water specialist for Winnebago County, Susan Larson ([email protected] or 920.303.5449) if you have questions regarding the storm water permitting process.

• The department will likely require final construction drawings for each zone to be submitted. • The City needs to include signage on or near the closed landfill including the landfill name and license

number, at a minimum. • The plan and drawings will need to be signed by a Professional Engineer prior to submittal to the

department.

Information to be submitted for the exemption request: • Storm water management plan and proposed final grades; • Plan and profile engineering drawings for any structure, building, or foundation; • Proposed landscaping and woody vegetation plan and measures to be taken to protect the final cover; • Geotechnical evaluation for development on the closed sludge landfill; • Waste excavation and disposal plan (if applicable); • Plans for landfill gas barriers, venting and monitoring for any structures on or adjacent to the landfill.

The City may choose to submit finalized engineering plans to the department zone by zone, or may submit combined plans for multiple zones. Please note that the department's grant of exemption will be based on information submitted to the department at the time the grant of exemption is issued. If for any reason zone design changes, the City will need to resubmit information to the department for approval prior to development.

The department is willing to review or discuss development plans for the Arrowhead Park Landfill prior to submittal. Please contact Tess Buege at 920.662.5160 or [email protected] if you would like to set up meeting or calls to discuss future construction plans, concerns or questions.

Sincerely,

N tasha Gwidt, P.E. Field Operations Director (Interim Northeast Region Supervisor) Waste and Materials Management Program

Cc: Tess Buege — WDNR Bruce Olson — SEH, Inc. (via email) Andrew Dane — SEH, Inc. (via email) Chirs Halbur — WDNR (via email) NER File

Page 2

control of woody vegetation, landscaping and vegetation management, erosion control, storm water control and methane monitor inspections.

• If waste is excavated during any portions of development, the City will need to dispose of the waste in a licensed landfill facility.

• Positive storm water drainage will need to be maintained during and after development of the closed landfill. The development may require storm water permitting. Please contact the department's storm water specialist for Winnebago County, Susan Larson (Susaniarson(a)wisconsin.gov or 920.303.5449) if you have questions regarding the storm water permitting process.

• The department will likely require final construction drawings for each zone to be submitted. • The City needs to include signage on or near the closed landfill including the landfill name and license

number, at a minimum. • The plan and drawings will need to be signed by a Professional Engineer prior to submittal to the

department.

Information to be submitted for the exemption request: • Storm water management plan and proposed final grades; • Plan and profile engineering drawings for any structure, building, or foundation; • Proposed landscaping and woody vegetation plan and measures to be taken to protect the final cover; • Geotechnical evaluation for development on the closed sludge landfill; • Waste excavation and disposal plan (if applicable); • Plans for landfill gas barriers, venting and monitoring for any structures on or adjacent to the landfill.

The City may choose to submit finalized engineering plans to the department zone by zone, or may submit combined plans for multiple zones. Please note that the department's grant of exemption will be based on information submitted to the department at the time the grant of exemption is issued. If for any reason zone design changes, the City will need to resubmit information to the department for approval prior to development.

The department is willing to review or discuss development plans for the Arrowhead Park Landfill prior to submittal. Please contact Tess Buege al 920.662.5160 or Tess.Buege(d)wisconsit_g). ov if you would like to set up meeting or calls to discuss future construction plans, concerns or questions.

Sincerely,

Natasha Gwidt, P.E. Field Operations Director (Interim Northeast Region Supervisor) Waste and Materials Management Program

Cc: Tess Buege — WDNR Bruce Olson — SEH, Inc. (via email) Andrew Dane — SEH, Inc. (via email) Chirs Halbur — WDNR (via email) NER File

From: Wayne Wambold <[email protected]> To: [email protected], Trevor Frank <[email protected]> Cc: Brian Kent <[email protected]>, Bruce Olson <[email protected]> Date: 09/05/2018 01:17 PM Subject: Re: Neenah council meeting prep

Mike and Trevor:

Here is a draft of responses to the questions that the council has regarding the investigation. Some of it is repetitive and could be condensed. If you want me to address anything in more detail let me know. I think the bottom line is that there is a lot of general information out there to give a rough idea of what to expect, i.e. planning level decision making. Now we need to have site/location specific information to apply the appropriate engineering principles and decision making with respect to final design.

1. Why do we need to analyze the site for soil stability if we are building on top of the old the Minergy building and that building was certainly heavier then anything we will be building?

We need to analyze the soil stability for a number of features and demonstrate that these features do not jeopardize the containment of the waste with respect to the dike stability along the lake and the cap/cover soils within the park. The buildings are being constructed at the old Minergy building; however, we are anticipating that we will need to construct slabs on grade, which will benefit from the previous structure and footings. However, the previous structure was pile founded and we need to determine the characteristics of the cover/cap and thickness of the sludge to complete the design. The purpose is two fold, 1) to ensure we don't breach the cover and 2) to ensure we can adequately support the new buildings with a slab on grade or some form of a load transfer platform to the old Minergy building piling.

Additionally the WDNR provided a response to the exemption request for the "Arrowhead Park Development Plan" dated November 15, 2017. In the letter the WDNR requested that the City submit a geotechnical evaluation for structures proposed to be constructed on the landfill and complete and evaluation of the stability of the bulkhead dike bordering Little Lake Butte des Morts. The investigation being proposed is to address these concerns and provide the necessary information to complete the design of structures and roadway with confidence that they will perform adequately.

2. Do previous soil borings exist? Can't we just re-use those?

We reviewed the previous borings, presented in a report by Graef in 2012, and they are helpful in determining the cover and papermill sludge thickness at various locations. However, there are not strength or consolidation parameters available to help with the design of the structures or roadway, or to evaluate the dike stability. Additionally, the locations are approximate and do not necessarily coincide with the locations of project features. We can use the previous borings for general information but need to complete the additional borings to sample the cover and sludge and perform the necessary tests to obtain soil parameters that have-not been completed to date in the previous investigations that we reviewed.

3. Why is all of this necessary?

This is necessary not only to address the WDNR concerns for dike and cover stability but to design the project features with the confidence that we can achieve the desired performance. The sludge can be highly compressible and is sensitive to loading from structures and road embankments. We need to have the soil parameters and sludge parameters for strength and compressibility to allow us to evaluate proposed grades, foundations, roadway, etc. adequately.

Sincerely,

Wayne S. Wambold, PE (MN, WI, IA, NE) I Sr. Geotechnical Engineer SEH I 3535 Vadnais Center Drive I St. Paul, MN 55110 651.490.2108 direct 1651.238.3243 cell I 888.908.8166 fax www.sehinc.com SEH—Building a Better World for All of Us TM

From: Wayne Wambold <[email protected]> To: [email protected], Trevor Frank <[email protected]> Cc: Brian Kent <[email protected]>, Bruce Olson <[email protected]> Date: 09/05/2018 01:17 PM Subject: Re: Neenah council meeting prep

Mike and Trevor:

Here is a draft of responses to the questions that the council has regarding the investigation. Some of it is repetitive and could be condensed. If you want me to address anything in more detail let me know. I think the bottom line is that there is a lot of general information out there to give a rough idea of what to expect, i.e. planning level decision making. Now we need to have site/location specific information to apply the appropriate engineering principles and decision making with respect to final design.

1. Why do we need to analyze the site for soil stability if we are building on top of the old the Minergy building and that building was certainly heavier then anything we will be building?

We need to analyze the soil stability for a number of features and demonstrate that these features do not jeopardize the containment of the waste with respect to the dike stability along the lake and the cap/cover soils within the park. The buildings are being constructed at the old Minergy building; however, we are anticipating that we will need to construct slabs on grade, which will benefit from the previous structure and footings. However, the previous structure was pile founded and we need to determine the characteristics of the cover/cap and thickness of the sludge to complete the design. The purpose is two fold, 1) to ensure we don't breach the cover and 2) to ensure we can adequately support the new buildings with a slab on grade or some form of a load transfer platform to the old Minergy building piling.

Additionally the WDNR provided a response to the exemption request for the "Arrowhead Park Development Plan" dated November 15, 2017. In the letter the WDNR requested that the City submit a geotechnical evaluation for structures proposed to be constructed on the landfill and complete and evaluation of the stability of the bulkhead dike bordering Little Lake Butte des Morts. The investigation being proposed is to address these concerns and provide the necessary information to complete the design of structures and roadway with confidence that they will perform adequately.

2. Do previous soil borings exist? Can't we just re-use those?

We reviewed the previous borings, presented in a report by Graef in 2012, and they are helpful in determining the cover and papermill sludge thickness at various locations. However, there are not strength or consolidation parameters available to help with the design of the structures or roadway, or to evaluate the dike stability. Additionally, the locations are approximate and do not necessarily coincide with the locations of project features. We can use the previous borings for general information but need to complete the additional borings to sample the cover and sludge and perform the necessary tests to obtain soil parameters that have-not been completed to date in the previous investigations that we reviewed.

3. Why is all of this necessary?

This is necessary not only to address the WDNR concerns for dike and cover stability but to design the project features with the confidence that we can achieve the desired performance. The sludge can be highly compressible and is sensitive to loading from structures and road embankments. We need to have the soil parameters and sludge parameters for strength and compressibility to allow us to evaluate proposed grades, foundations, roadway, etc. adequately.

Sincerely,

Wayne S. Wambold, PE (MN, WI, IA, NE) I Sr. Geotechnical Engineer SEH I 3535 Vadnais Center Drive I St. Paul, MN 55110 651.490.2108 direct I 651.238.3243 cell I 888.908.8166 fax www.sehinc.com SEH—Building a Better World for All of UsTM

Department of Neenah Parks & Recreation WISCONSIN


FROM: Michael T. Kading, Director of Parks & Recreation

DATE: August 23, 2018

RE: Arrowhead Park — Proposed Agreement for Professional Services Geotechincal Exploration and Engineering

Attached you will find a proposed agreement for professional services from SEH. The agreement is specifically for the drilling and analysis of the soil borings that will meet the WI-DNR requirements for developing on a capped land fill as well as determine the stability of the current dike.

Approximately 20 borings will be conducted throughout the site with three of the borings on the dike. Depth will range depending on the location with minimum drilling to 20' or bedrock. The analysis will determine the "loading" that the current cap and dike can withhold, the type of construction that will be taken into account when developing future park drives, boardwalks, piers and buildings.

Please note that the EPA has ruled that once landfilled material is removed it becomes hazardous waste and must be disposed of accordingly. There will be additional disposal fees. SEH is gathering this information.

During the regular Commission meeting on Wednesday, August 22, the Park and Recreation Commission reviewed and voted to accept and recommend the agreement for Professional Services from SEH for Geotechnical Exploration for Arrowhead Park in the amount of $54,650 using 2018 CIP funds for Arrowhead Park.

Action Needed: A recommendation to accept the agreement for Professional Services from SEH for Geotechnical Exploration for Arrowhead Park in the amount of $54,650 using 2018 CIP funds for Arrowhead Park.

Creating Community Through People, Parks & Programs Department of Parks & Recreation phone: 920-886-6062 PO Box 426

fax: 920-886-6069 Neenah, WI 54957-0426

[email protected]

Department of Neenah Parks & Recreation WISCONSIN


FROM: Michael T. Kading, Director of Parks & Recreation

DATE: August 23, 2018

RE: Arrowhead Park — Proposed Agreement for Professional Services Geotechincal Exploration and Engineering

Attached you will find a proposed agreement for professional services from SEH. The agreement is specifically for the drilling and analysis of the soil borings that will meet the WI-DNR requirements for developing on a capped land fill as well as determine the stability of the current dike.

Approximately 20 borings will be conducted throughout the site with three of the borings on the dike. Depth will range depending on the location with minimum drilling to 20' or bedrock. The analysis will determine the "loading" that the current cap and dike can withhold, the type of construction that will be taken into account when developing future park drives, boardwalks, piers and buildings.

Please note that the EPA has ruled that once landfilled material is removed it becomes hazardous waste and must be disposed of accordingly. There will be additional disposal fees. SEH is gathering this information.

During the regular Commission meeting on Wednesday, August 22, the Park and Recreation Commission reviewed and voted to accept and recommend the agreement for Professional Services from SEH for Geotechnical Exploration for Arrowhead Park in the amount of $54,650 using 2018 CIP funds for Arrowhead Park.

Action Needed: A recommendation to accept the agreement for Professional Services from SEH for Geotechnical Exploration for Arrowhead Park in the amount of $54,650 using 2018 CIP funds for Arrowhead Park.

Creating Community Through People, Parks & Programs Department of Parks & Recreation phone: 920-886-6062 PO Box 426

fax: 920-886-6069 Neenah, WI 54957-0426

[email protected]

SEH Building a Better World for All of Us'"

August 13,2018

Michael Kading Director of Parks and Recreation City of Neenah 211 Walnut Street Neenah, WI 54956

Dear Mr. Kading:

RE: Agreement for Professional Services Geotechnical Exploration and Engineering for Arrowhead Park, Neenah, WI SEH No. NEENA

Thank you for the opportunity to continue to provide professional engineering services for the City of Neenah.

The City of Neenah is entering the next phase of design on two of the site amenity features identified in the master plan. The master plan calls for a multi-purpose activities building to be constructed near the loop the lake connection on the North East corner of the site as well as a boardwalk and fishing pier adjacent to the Neenah Slough on the North West edge of the site.

Due to their proximity to the lake shore and the fact that they are to be constructed on top of a capped PCB landfill, special design considerations, permitting and approvals are required prior to constructing these facilities. Our proposal addresses the necessary geotechnical exploration and design to ensure stability of the bulkhead as required by the WI DNR.

In order to continue the vision for Arrowhead Park, it is necessary to complete this stability study as well as inform representatives at the WI DNR of the findings and illustrate the design intent for the features that will be placed above the landfill cap.

In the scope of services defined below SEH will describe the process we will use to deliver the geotechnical investigation and engineering required in order to continue with subsequent phases of design. Scope of Work

Task 1 Geotechnical exploration of the site and bulkhead dike SEH will subcontract ECS Midwest- a local geotechnical drilling contractor to provide (11) standard penetration test borings and in-situ soil tests to further refine the evaluation of the strength and settlement characteristics of the paper mill sludge at the site. These tests will include a minimum of (4) vane shear tests conducted in (2) offset borings.

Subtotal $19,650.00

Engineers I Architects I Planners I Scientists Short Elliott Hendrickson Inc., 425 West Water Street, Suite 300, Appleton, WI 54911-6058

SEH is 100% employee-owned sehinc.com I 920.380.2800 I 888.413.4214 I 888.908.8166 fax


August 13,2018


Dear Mr. Kading:








Subtotal $19,650.00

Engineers I Architects I Planners I Scientists

Short Elliott Hendrickson Inc., 425 West Water Street, Suite 300, Appleton, WI 54911-6058 SEH is 100% employee-owned sehinc.com I 920.380.2800 I 888.413.4214 I 888.908.8166 fax

SEH Building a Better World

for All of Us'"

August 13,2018


Dear Mr. Kading:








Subtotal $19,650.00


Short Elliott Hendrickson Inc., 425 West Water Street, Suite 300, Appleton, WI 54911-6058



August 13,2018


Dear Mr. Kading:








Subtotal $19,650.00




Michael Kading August 13, 2018 Page 3

Task 4 Meeting Time All of the associated tasks identified above will require internal team discussions, meetings with outside agencies, contractors and City representatives. These services are broken out separately below to provide clarity to the time invested in coordination, communication and preparation for project related meetings.

Subtotal $2,000

Meetings (Activity Building)

• (1) on site coordination meeting with ECS prior to drilling the site

• (3) Internal Team Coordination Meetings and phone/Email correspondence

• (2) Meetings and phone/Email correspondence with WI DNR case manager

• (2) meetings with City of Neenah Parks and Recreation Director

• Misc. Phone/Email correspondence

Waste handling, coordination and reincorporation Because the geotechnical bore hole spoils are classified as hazardous waste, and the bore holes are greater than 10 feet deep, the WI DNR requires the bore holes be grouted solid with bentonite clay and it is not possible to refill the bore holes with the cuttings. To deal with the issue, the SEH team is proposing that the cuttings be collected on site and reincorporated into the landfill. In order to reincorporate the material on the arrowhead site, the DNR is requiring an exemption and disposal plan be issued prior to work being completed on the site.

Subtotal $7,500

Deliverables: • Completed DNR exemption application and disposal plan (based on scope identified with DNR on

conference call on 8/13/18)

• Allowance for onsite reincorporation by the City or third party excavator ($3,500.00)

• Meeting time and coordination with WI DNR solid and hazardous waste staff

Services Not Included The items below are not included in the scope of services for this project. If any of these items are determined necessary, written approval will be obtained from the City prior to initiating the added services. All additional work will be considered additional services under this contract.

1. Platting services, boundary survey, street R/W legal descriptions or property searches 2. Detailed structural engineering of the shallow building foundation systems. 3. Architectural design services 4. Any Expenses or Plan/Permit Fees 5. Off-site hauling of the waste material or disposal in a certified landfill

Schedule SEH will begin work as soon we receive authorization by the City. Below you will find a tentative

schedule that can be useful in determining project milestones.

Description Milestones 2018

Project Award September 5, 2018

Engineers I Architects I Planners I Scientists MEN '01,,,ito


SEH is 100% employee-owned I sehinc.com I 920.380.2800 I 888.413.4214 I 888.908.8166 fax ,ar 1.c.p,ot



Subtotal $2,000








Subtotal $7,500

Deliverables:

• Completed DNR exemption application and disposal plan (based on scope identified with DNR on conference call on 8/13/18)





Schedule SEH will begin work as soon we receive authorization by the City. Below you will find a tentative schedule that can be useful in determining project milestones.

Description Milestones 2018 Project Award September 5, 2018

Engineers I Architects Planners I Scientists MO. W,I,JtIlor)

Short Elliott Hendrickson Inc., 425 West Water Street, Suite 300, Appleton, WI 54911-6058 MIS . nrcer: Two

SEH is 100% employee-owned I sehinc.com I 920.380.2800 I 888.413.4214 I 888.908.8166 fax


Deliverables

• ATV mobilization

• (11) standard penetration borings

• In-Situ soil tests

• (4) vane shear tests

• (2) offset borings

• (1) rock core boring

• Backfilling of borings per WI Code NR141

• Laboratory Testing

• Soils logs and soil classification report

Task 2 Geotechnical engineering and analysis SEH will analyze the findings of the soils report, perform the necessary coordination, analysis and report to address the DNR concerns regarding dike stability, evaluate impact to the cover, provide foundation recommendations for the boardwalk and activity building, and road subgrage recommendations and parameters for pavement design. SEH will provide a CAD plot of the boring and provide coordinates to the SEH survey crew to stake the borings and obtain elevations.

Subtotal $22,000

Deliverables

• Geotechnical drilling coordination

• Geotechnical field data report review

• Report to WI DNR addressing concerns of dike stability

• Dike stability analysis

• Shallow foundation analysis and recommendation

• Parameters for pavement design

• CAD plot of boring coordinates

Task 3 Surveying SEH will deploy a survey crew to the Arrowhead park site to mark the locations and elevations of the test bore holes, collect field data of the existing abandoned in place Minergy foundations and collect field data for the rail crossing re-design effort.

Subtotal $3,500

Deliverables

• CAD drawing of test bore locations

• Survey data for the rail crossing and Minergy foundations

• GIS and CAD files of the site collected data

Engineers I Architects I Planners I Scientists W ICVNS It




Deliverables • ATV mobilization










Subtotal $22,000

Deliverables



• Report to WI DNR addressing concerns of dike stability

• Dike stability analysis





Subtotal $3,500

Deliverables






ii1M.E1 :41 nr, r.

SEH is 100% employee-owned I sehinc.com I 920.380.2800 I 888 413 4214 I 888 908.8166 fax


Field work conducted Analysis and reporting

September 2018 October 2018

We appreciate the opportunity to be of service to the City of Neenah, and we are looking forward to continuing our trusted relationship. If you have any questions, please contact me at 920.380.2806 or e-mail [email protected]

Sincerely,

SHORT ELLIOTT HENDRICKSON INC.

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Trevor M. Frank, AIA Principal, Project Manager

Engineers I Architects I Planners 1 Scientists WON Wi5CW111.11


Groan Tii.

SEH is 100% employee-owned 1 sehinc.com I 920.380.2800 I 888.413.4214 I 888.908.8166 fax Pv 1.cio.amt





Sincerely,


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Subtotal $2,000








Subtotal $7,500









Engineers I Architects Planners I Scientists INNEN '0 mit,r1


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Subtotal $2,000

Meetings (Activity Building) • (1) on site coordination meeting with ECS prior to drilling the site






Subtotal $7,500









Engineers I Architects Planners I Scientists



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Deliverables • ATV mobilization • (11) standard penetration borings • In-Situ soil tests • (4) vane shear tests

• (2) offset borings • (1) rock core boring

• Backfilling of borings per WI Code NR141 • Laboratory Testing • Soils logs and soil classification report


Subtotal $22,000

Deliverables

• Geotechnical drilling coordination • Geotechnical field data report review • Report to WI DNR addressing concerns of dike stability • Dike stability analysis • Shallow foundation analysis and recommendation • Parameters for pavement design • CAD plot of boring coordinates


Subtotal $3,500

Deliverables






ii1M.E1 :41 nr, r. SEH is 100% employee-owned I sehinc.com I 920.380.2800 I 888 413 4214 I 888 908.8166 fax


Deliverables • ATV mobilization










Subtotal $22,000

Deliverables



• Report to WI DNR addressing concerns of dike stability • Dike stability analysis





Subtotal $3,500

Deliverables






ii1M.E1 :41 nr, r.

SEH is 100% employee-owned I sehinc.com I 920.380.2800 I 888 413 4214 I 888 908.8166 fax





Sincerely,


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The organization shall incur all City service and equipment costs associated with the event 501(c) organizations with a valid tax exempt certificate receive reduced rates for services/equipment provided by the City. See Municipal Code §14-129(g) for details.

Form 2018-1 Page 1 of 7

Dept. of Legal & Administrative Services Office of the City Attorney

211 Walnut St. • P.O. Box 426 • Neenah WI 54957-0426

Phone 920-886-6108 • Fax: 920-886-6109 e-mail: [email protected]

ADAM JAMES VANDEN HEUVEL

ASSISTANT CITY ATTORNEY

M E M O R A N D U M


TO: Chairwoman Bates, members of the Public Services & Safety Committee

FROM: Assistant City Attorney Adam James VandenHeuvel

RE: Ord. 2018-12 – Possession of Tobacco and Vapor Products By Minors Prohibited

Attached is proposed Ordinance 2018-12 banning the use or possession of any tobacco or vapor product by minors. This ordinance was requested by the police department due to the rise in popularity of electronic smoking devices in schools and around the community. While there are currently state laws that prohibit minors from consuming and possessing nicotine products, it is impractical and impossible for officers to know what substance is in the e-cigarette. Recently, companies have been marketing such products to minors and have created flavored and scented solutions that increase the likelihood of minors using the product.

Not only is it possible that minors could be ingesting nicotine without officers being able to tell, the use of these electronic cigarettes in smoke-free locations threatens to undermine compliance with smoking regulations and reverse the progress that has already been made in establishing a social norm that smoking is not permitted in public areas and places of employment. It also encourages minors to think that smoking is okay and not a health concern.

This ordinance not only prohibits minors from possessing or using any electronic cigarette or vaping product, it also prohibits persons who are enrolled full time in secondary school from possessing or using any vapor product while on school property. Finally, the ordinance prohibits retailers from selling vapor products to minors regardless of whether there is nicotine or tobacco in the product.

This ordinance allows for police to confiscate the devices and to issue a ticket to those violating the ordinance with the hope that such penalties will discourage minors from smoking and vaping.

An appropriate motion would be to recommend Council adopt Ord. 2018-12, Possession of Tobacco and Vapor Products By Minors Prohibited.

a

Neenah W I S C O N S I

a

Neenah W I S C O N S I

211 Walnut Street Neenah, WI 54956

ORDINANCE NO. 2018-12 Introduced: Committee/Commission Action:

AN ORDINANCE

The Common Council of the City of Neenah, Wisconsin, do ordain as follows:

Section 1. Section 11-101 of the Code of Ordinances of the City of Neenah is created to read as follows:

Sec. 11-101: Possession of Tobacco and Vapor Products By Minors

(A) Statement of Purpose.

(1) The purpose of this ordinance is to protect the public health, safety and welfare of the property and persons in the city by prohibiting persons under eighteen (18) years of age from possessing tobacco products and vapor products, and prohibiting the sale of tobacco products and vapor products to persons under eighteen (18) years of age.

(2) Persons under age eighteen (18) are prohibited by law from purchasing or possessing cigarettes and other tobacco products, and retailers are prohibited from selling them to minors. There are new tobacco-less products, however, commonly referred to as “electronic cigarettes,” “e-cigarettes,” “e-cigars,” “e-cigarillos,” “e-pipes,” “e-hookahs,” or “electronic nicotine delivery systems,” which allow the user to simulate cigarette smoking. These products may be purchased by minors and are being marketed without age restrictions or health warnings and come in different flavors that appeal to young people.

(3) E-cigarettes, and similar devices, are a relatively new nicotine delivery system. While devices vary in their appearance and specific method of operation, they have a few basic elements in common. A solution of water, dissolved nicotine, and other ingredients (usually flavoring) is heated with a heating element (usually battery-powered). This vaporizes the nicotine solution, which passes into a mouthpiece and is inhaled in a manner similar to cigarette smoking. Often, glycerol or propylene glycol is added to the solution to give the appearance of smoke when the solution is vaporized. The concentration of nicotine contained in the solution can be customized by the retailer to the buyer’s specifications, and many manufacturers make nicotine-free solutions.

(4) The production and distribution of e-cigarettes is not currently regulated by federal or state authorities, and the U.S. Food and Drug Administration has not completed

AN ORDINANCE: Re: Creating Neenah Code § 11-101 – Possession

of Tobacco and Vapor Products By Minors Prohibited

testing of these products. But, initial studies by the FDA have determined that e-cigarettes can increase nicotine addiction among young people and contain chemical ingredients known to be harmful, which may expose users and the public to potential health risks.

(5) The use of e-cigarettes and similar devices has increased significantly in recent years.

(6) Existing studies on electronic smoking devices’ vapor emissions and cartridge contents have found a number of dangerous substances including:

• Chemicals known to cause cancer such as formaldehyde, acetaldehyde, lead, nickel and chromium;

• PM 2.5, acrolein, tin, toluene, and aluminum, which are associated with a range of negative health effects such as skin, eye, and respiratory irritation, neurological effects, damage to reproductive systems, and even premature death from heart attacks and stroke.

(7) Some cartridges used by electronic smoking devices can be refilled with liquid nicotine solution, creating the potential for exposure to dangerous concentrations of nicotine.

(8) Clinical studies about the safety and efficacy of these products have not been submitted to the FDA for the over four hundred (400) brands of electronic smoking devices that are on the market and for this reason, consumers have no way of knowing whether electronic smoking devices are safe, what types of potentially harmful chemicals the products contain, and what dose of nicotine the products deliver.

(9) Electronic smoking devices often mimic conventional tobacco products in shape, size, and color, with the user exhaling a smoke-like vapor similar in appearance to the exhaled smoke from cigarettes and other conventional tobacco products.

(10) The use of electronic smoking devices in smoke-free locations threatens to undermine compliance with smoking regulations and revers the progress that has been made in establishing a social norm that smoking is not permitted in public places and places of employment.

(11) It is the intent of the city council, in enacting the ordinance codified in this section, to provide for the public health, safety and welfare by facilitating uniform and consistent enforcement of smoke-free air laws; by reducing the potential for re-normalizing smoking in public places and places of employment; by reducing the potential for children to associate the use of electronic smoking devices with a normative or healthy lifestyle; and by prohibiting the sale or distribution of electronic smoking devices to minors.

(12) Therefore, the City of Neenah Common Council determines that prohibiting the sale, giving, or furnishing of e-cigarettes to minors and prohibiting the purchase, possession, or use of e-cigarettes by minors is in the City’s best interest and will promote public health, safety, and welfare.

(B) Definitions

For the purpose of construction and application of this section, the following definitions shall apply:

Minor means an individual who is less than eighteen (18) years of age.

Person who sells tobacco products at retail means a person whose ordinary course of business consists, in whole or in part, of the retail sale of tobacco products subject to the state sales tax.

Person who sells vapor products at retail means a person whose ordinary course of business consists, in whole or in part, of the retail sale of vapor products.

Possession of a tobacco product shall mean either actual physical control of the tobacco product without necessarily owning that product, or the right to control the tobacco product even though it is in a different room or place than where the person is physically located.

Public place means a public street, sidewalk, or park or any area open to the general public in a publically owned or operated building or premises, or in a public place of business or school.

Tobacco product means a product that contains tobacco and is intended for human consumption, including but not limited to, cigarettes, non-cigarette smoking tobacco, or smokeless tobacco, as those terms are defined in Section 2 of the Tobacco Products Tax Act, and cigars. Tobacco product does not include a vapor product or a product regulated as a drug or device by the United States Food and Drug Administration.

Use a tobacco product or vapor product means to smoke, chew, suck, inhale, or otherwise consume a tobacco product or vapor product.

Vapor product means any product containing or delivering nicotine, lobelia, or any other substance intended for human consumption that can be used by a person to simulate smoking in the delivery of nicotine or any other substance through inhalation of vapor from the product. Electronic delivery device shall include any component part of such a product whether or not sold separately. Electronic delivery device shall not include any product that has been approved or otherwise certified by the United States Food and Drug Administration for legal sales for use in tobacco cessation treatment or other medical purposes, and is being marketed and sold solely for that approved purpose.

(C) Prohibited conduct

(1) Consistent with Wis. Stat. 254.92, a minor shall not do any of the following:

(a) Purchase or attempt to purchase a tobacco product or vapor product.

(b) Possess or attempt to possess a tobacco product or vapor product.

(c) Use a tobacco product or vapor product in a public place.

(d) Present or offer to an individual a purported proof of age that is false, fraudulent, or not actually his or her own proof of age for the purpose of purchasing, attempting to purchase, possessing, or attempting to possess a tobacco product or vapor product.

(2) No individual, regardless of age, who is enrolled in secondary school may possess or attempt to possess a tobacco product or vapor product while on school property.

(3) An individual who violates subsection (1) shall be subject to the penalties listed in the juvenile bond schedule.

(4) An individual who violates subsection (2) shall be subject to the following penalties:

(a) For the first violation, the person is responsible for a civil infraction punishable by a civil fine of fifty dollars ($50.00).

(b) For a second and subsequent violation, the person is responsible for a civil infraction punishable by a civil fine of seventy-five dollars ($75.00).

(5) Subsection (1) does not apply to a minor participating in any of the following:

(a) An undercover operation in which the minor purchases or receives a tobacco product or vapor product under the direction of the minor’s employer and with the prior approval of the local prosecutor’s office as part of an employer-sponsored internal enforcement action.

(b) An undercover operation in which the minor purchases or receives a tobacco product or vapor product under the direction of the state police or a local police agency as part of an

enforcement action, unless the initial or contemporaneous purchase or receipt of the tobacco product or vapor product by the minor was not under the direction of the state police or the local police agency and was not part of the undercover operation.

(c) Compliance checks in which the minor attempts to purchase tobacco products for the purpose of satisfying federal substance abuse block grant youth tobacco access requirements, if the compliance checks are conducted with the prior approval of the state police or a local police agency.

(6) Subsection (1) does not apply to the handling or transportation of a tobacco product or vapor product by a minor under the terms of that minor's employment.

(7) This section does not prohibit an individual from being charged with, convicted of or found responsible for, or sentenced for any other violation of law that arises out of the violation of subsection (1).

(D.) Furnishing to minors.

Consistent with Wis. Stat. 134.66;

(1) A person shall not sell, give or furnish any vapor product to a minor, including, but not limited to, through a vending machine. A person who violates this subsection or subsection (h) of this section is subject to a fine of not more than one hundred dollars ($100.00) for each violation.

(2) Subsection (1) of this section does not apply to the handling or transportation of a tobacco product or vapor product by a minor under the terms of the minor's employment.

(3) Before selling, offering for sale, giving, or furnishing a vapor product to an individual, a person shall verify that the individual is at least eighteen (18) years of age by doing one (1) of the following:

(a) Examining a government-issued photographic identification that establishes that the individual is at least eighteen (18) years of age.

(b) For sales made by the internet or other remote sales method, performing an age verification through an independent, third-party age verification service that compares information available from a commercially available database, or aggregate of databases, that are regularly used by government agencies and businesses for the purpose of age and identity verification to the personal information entered by the individual during the ordering process that establishes that the individual is eighteen (18) years of age or older.

Section 2. Severability. In the event any section, subsection, clause, phrase or portion of this ordinance is for any reason held illegal, invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remainder of this ordinance. It is the legislative intent of the Common Council that this ordinance would have been adopted if such illegal provision had not been included or any illegal application had not been made.

Section 3. Repeal and Effective Date. All ordinances or parts of ordinances and resolu-tions in conflict herewith are hereby repealed. This ordinance shall take effect from and after its passage and publication.

Moved by:

Adopted:

Approved:

Published:

Approved:

Dean Kaufert, Mayor

Attest:

Patricia A. Sturn, City Clerk

THIS INSTRUMENT WAS DRAFTED BY: Assistant City Attorney Adam James VandenHeuvel 211 Walnut Street Neenah, WI 54956 State Bar No. 1098561

CHAPTER 12

SOLID WASTE COLLECTION AND DISPOSAL

12-1 Defini t ions

12-2 Legis la t i ve In tent

12-3 Implementation

12-4 Recycling Required

12-5 Separation Requirements Exempted

12-6 Care of Separated Recyclable Materials

12-7 Prohibition on Disposal of Recyclable Materials Separated for Recycling

12-8 Standards of Service

12-9 Point of Storage and Point of Collection

12-10 General Requirements

12-11 Responsibilities of Owners or Designated Agents of Multi -Family Dwellings

12-12 Responsibilities of Owners or Designated Agents of Non-Residential Facilities and Properties

12-13 Littering Prohibited

12-14 Private Collection

12-15 Non-Resident Refuse Disposal Prohibited

12-16 Inspection Authority

12-17 Dumping Grounds Regulations

12-18 Enforcement

SECTION

SEC. 12-1 Definitions.

The following definitions shall apply unless a different meaning appears from the context.

(A) Approved means approved by the Director of Public Works unless specifically stated otherwise.

(B) Bi-metal container means a container for carbonated or malt beverage that is made primarily of a combination of steel and aluminum.

(C) Brush means trimmings from shrubs and trees, tree limbs less than six (6) inches in diameter and stalks from garden plants. Brush does not include stumps, root balls or logs greater than six (6) inches in diameter.

(D) Bulky wastes/Large Items means discarded articles of such dimension as are not normally collected with domestic waste including, but not limited to, items of applicant, furniture, plumbing fixtures, windows and doors, but would be considered domestic wastes. In general, bulky wastes are those wastes too large to be placed in a cart.

(E) Bundle means to securely tie with string or twine.

(F) Cart means a plastic container issued by the City of Neenah for the storage and collection of solid waste or recyclables.

(G) City shall mean the City of Neenah and/or its designated agent.

(H) Collecting and transporting service means a municipal or privately operated agency, business or service for the collecting or transporting of solid waste for disposal or recycling purposes.

(I) Commercial wastes means wastes resulting from the operation of business enterprises including, but not limited to offices, stores, restaurants and similar businesses.

(J) Commingled recyclables means a mixture of several recyclable materials placed in one container.

(K) Composting means the process of decaying organic matter, such as leaves, garden debris, grass clippings, raw kitchen scraps and other vegetative materials capable of natural decomposition.

(L) Construction and/or demolition waste means waste resulting from building construction, demolition, alteration, repair or remodeling, including excavated material and waste such as concrete, stone, asphalt, soldsod, earth, dirt and brick.

(M) County shall mean Winnebago County unless specifically stated otherwise.

(N) Department means the City of Neenah Department of Public Works.

(O) Domestic waste means garbage, refuse, ashes and other waste including, but not limited to metal, glass, paper, wood, rags, plastic, rubber, cloth, cans, bottles, litter, and small quantities of construction and/or demolition wastes, and limited nauseous and/or offensive wastes, with the understanding that these wastes resulting from human habitation and the usual routine of housekeeping of residential units or incidental to its operation. Domestic waste does not include grass clippings, leaves, tree waste, or yard waste.

(P) Dwelling unit shall be as defined in Section 21-19 of this code.

(Q) Electronic waste includes televisions, computers (desktop, laptop, netbook and tablet computers), desktop printers (including those that scan, fax and/or copy), computer monitors, other computer accessories (including keyboards, mice, speakers, external hard drives and flash drives), DVD players, VCRs and other video players (i.e., DVRs), fax machines, and cell phones. Electronic waste shall also include microwave ovens.The definitions found in Wisconsin Statutes §287.17 shall be incorporated into this Chapter.

(R) Foam polystyrene packaging means packaging made primarily from foam polystyrene that satisfies one of the following criteria:

(1) Is designed for serving food or beverages;

(2) Consists of loose particles intended to fill space and cushion the packaged article in a shipping container; or

(3) Consists of rigid materials shaped to hold and cushion the packaged article in a shipping container

(S) Garbage shall be as defined in Wisconsin Statutes §289.01(9).

(T) Hazardous waste shall be as defined in Wisconsin Administrative Code NR 661.03.

(U) Household Hazardous Waste means those wastes resulting from products purchased by the general public for household use which, because of their quantity, concentration, or physical, chemical, or infectious characteristics, may pose a substantial known or potential hazard to human health or the environment when improperly treated, disposed of, or otherwise managed.

(V) Industrial waste shall be as defined in Wisconsin Statutes §281.01(5).

(W) Liquid waste shall include drain oil, dirty or waste grease, paints, lacquers, varnishes, thinners, cleaning agents or solvents and other similar waste materials.

(X) Major appliance containing Freon means refrigerator, freezer, air conditioner, or dehumidifier.

(Y) Major appliance not containing Freon means a hot water heater, oven, range, stove, microwave oven, dishwasher, clothes washer and dryer, furnace or boiler.

(Z) Medical waste means infectious waste and those containers, packages and materials that contain infectious waste or that are from a treatment area and are mixed with infectious waste.

(AA) Metal means those metal materials that can be recycled but does not include major appliances or metal containers like steel or aluminum cans.

(BB) Multiple dwelling means residential structures with more than four dwelling units located within a structure or a complex of structures with at least one structure in the complex consisting of more than four dwelling units.

(CC) Nauseous or offensive materials are those which are unwholesome in nature or have an unpleasant smell or are otherwise nauseous or offensive, such as manure, filth, carcasses, meat, fish, entrails, hides and hide scrapings, paint, kerosene, oily or greasy substances and also object that may cause injury to any person or animal, or damage to vehicle tires such as nails, tacks, pieces of metal, wire, briar thorns, broken glass and other similar materials or substances.

(DD) Nonrecyclable material means material not capable of being recycled or used again.

(EE) Plastic container means an individual, separate, and rigid bottle, can, jar, or carton, made from plastic, except for a blister pack as defined in Sec.Wis. Stat. § 100.33(1)(c), Wis. Stats., as may be amended from time to time, that is originally used to contain a product that is the

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subject of retail sales defined in Sec. Wis. Stat. §100.30(2)(h), Wis. Stats.,, as may be amended from time to time.

(FF) Premises shall mean platted lot or part thereof or unplatted lot or parcel of land or plot of land, either occupied or unoccupied by any dwelling or non-dwelling structure. Premises include the following categories:

(1) Single-family premises. Any housing building containing a single-family dwelling unit. For the purposes of this chapter, any housing building with less than five (5) dwelling units shall fall in this category. Each unit shall be regarded as a single-family dwelling unit.

(2) Multi-family premises. All housing buildings having five (5) or more dwelling units.

(3) Commercial or business premises. Any public or private place, building and/or enterprise devoted in whole or in part to a business enterprise whether non-profit or profit making in nature.

(4) Institutional premises. Any institutional enterprise, including, but not limited to, hospitals, churches, schools, nursing homes, motels and homes for the aging.

(GG) Recyclable material means material in solid waste for which there exists a commercially demonstrated processing or manufacturing technology which uses the material as a raw material.

(HH) Refuse means all matters produced from industrial or community life, subject to decomposition, not defined as sewage or wastewater. This term does not include appliances, stones, concrete, dirt, plaster, tires, batteries, antifreeze, automotive engine waste oil, yard waste, building demolition materials, and recyclables.

(II) Residential includes the following categories:

(1) a structure consisting of no more than four dwelling units as that term is defined within Chapter 21 of this code.

(2) a complex of structures with each structure in the complex consisting of no more than 4 dwelling units.

(3) a condominium association.

(JJ) Rubbish means that portion of the solid waste remaining when garbage, hazardous waste, recyclable material and yard waste have been removed.

(KK) Solid waste shall be as defined in Wisconsin StatutesWis. Stat. §289.01(33).

(LL) Solid waste disposal facility shall be as defined in Wisconsin StatutesWis. Stas §289.01(35).

(MM) Solid waste collection system or “System”, shall mean the method for collection of Solid Waste in the City by the Department as outlined in this Chapter and any rules or regulations issued by the Department to implement the System as intended by the Common Council.

Tree waste shall mean waste resulting from the care of trees, shrubs and brushes by pruning and/or wind and storm damage and/or trimming including branches, limbs, trunks and stumps.

(NN) Vehicle waste shall mean waste resulting from discarded items of a vehicle, including but not limited to, tires, mufflers, exhaust pipes, engine parts, and could include whole vehicles.

(OO) Waste engine oil means any oil, which was used in an internal combustion engine.

(PP) Yard waste means leaves, yard and garden debris, and brush including clean woody vegetative material no greater than three (3) inches in diameter. This term does not include yard and garden debris and brush in excess of three (3) inches in diameter, grass clippings stumps, roots, or shrubs with intact root balls.

SECTIONSEC. 12-2 Legislative intentIntent.

It is intended by this article to establish regulations that reduce the amount of solid waste and other disposables in landfills and thus protect the public health and welfare and the environment. It is further intended by this article to comply with mandatory recycling legislation and implement regulations enacted by the State, including Wis. Stats. ch. 289. To the extent permitted by law, this article is intended to serve as a municipal solid waste flow control ordinance in conjunction with program activities of Winnebago County and its Solid Waste Management Board.

(Code 1977, § 10.08(2))

SECTIONSEC. 12-3 Implementation.

The collection, removal and disposal of solid waste in the City shall be conducted under the supervision, direction and control of the Director of Public Works. The Director of Public Works is authorized to establish and enforce such rules and regulations deemed necessary for solid waste collection and storage.

(Code 1977, § 10.08(1); Ord. No. 2011-5, § 2, 4-6-2011)

SECTIONSEC. 12-4 Recycling Required.

All occupants of buildings, both residential and non-residential, shall separate for recycling the following materials as designated and publicized for recycling by the Director of Public Works:

Single Stream Cart Items (1) Aluminum containers (2) Bi-Metal containers (3) Corrugated paper or other container board (4) Glass containers (5) Magazines (6) Newspapers (7) Office paper (8) Plastic containers labeled by SPI (Society of the Plastics Industry) except those

previously used for storage of hazardous chemicals, motor oil, transmission fluid, or brake fluid products.

(9) Steel containers

Recyclable Items — Special Collection and/or Disposal Required (1) Waste Oil - see Section 12-10(L)(2) (2) Lead Acid Batteries - see Section 12-10(L)(3) (3) Waste Tires - see Section 12-10(L)(3) (4) Electronics - see Section 12-10(L)(4) (5) Yard Waste - see Section 12-10(M) (6) Major Appliance - see Section 12-10(O)

SECTIONSEC. 12-5 Separation Requirements Exempted

The separation requirements of Section 12-4 do not apply to the following:

(A) Owners and Occupants of properties that send their post-consumer waste to a processing facility licensed by the Wisconsin Department of Natural Resources that recovers the materials specified in Section 12-4 from solid waste in as pure a form as is technically feasible.

(B) Solid Waste which is burned as a supplemental fuel at a facility if less than 30% of the heat input to the facility is derived from the solid waste burned as a supplemental fuel.

(C) A recyclable material specified in Section 12-4 for which a variance has been granted by the Department of Natural Resources under s. 159.11(2m), Wis Stats. or s. NR 544.14 Wis Admin. Code

SECTIONSEC. 12-6 Care of Separated Recyclable Materials.

To the greatest extent practicable, the recyclable materials separated in accordance with Section 12-4 shall be clean and kept free of contaminants such as food or product residue, oil or grease, or other non-recyclable materials, including but not limited to household hazardous waste, medical waste, and agricultural chemical containers. Recyclable materials shall be stored in a manner which protects them from wind, rain, and other inclement weather conditions.

SECTIONSEC. 12-7 Prohibition on Disposal of Recyclable Materials Separated for Recycling.

No person may dispose of in a solid waste disposal facility or burn in a solid waste treatment facility any of the materials specified in Section 12-4 which have been separated for recycling, except waste tires may be burned with energy recovery in a solid waste treatment facility.

SECTIONSEC. 12-8 Standards of Service.

(A) Single Family Premises

(1) Solid waste, with the exception of recyclable materials, shall be collected once a week from single family premise dwelling units according to a schedule set by the City. The maximum volume of refuse/garbage collected per dwelling unit shall be 95 gallons per week.

(2) Recyclable materials shall be collected from single family premise dwelling units according to a schedule set by the City. The maximum volume of recycling collected per dwelling unit shall be 95 gallons bi-weekly. The owner of each residential dwelling unit will be charged a fee billed annually, established on an annual basis by the city council, for the collection of recyclables.

(3) Condominium associations and owners of residential structures containing up to four (4) dwelling units may elect not to have solid waste and recyclables collected by the City for the entire condominium association or structure. Elections by condominium associations and owners of residential structures containing up to four (4) dwelling units are applicable to the entire condominium association or structure and may not be made on an individual basis by dwelling unit.

If the condominium association or the owner of a residential structure containing up to four (4) dwelling units elects not to have solid waste and recyclables collected by the City, the association or the owner of the residential structure shall notify the Director of Public Works by October 1 of the current year of their election not to receive collection.

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If a condominium association or the owner of a residential structure containing up to four (4) dwelling units who has previously made an election not to have solid waste and recyclables collected by the City elects to have collection of solid waste and recyclables by the City for the following year, the association or owner of the structure shall notify the Director of Public Works by October 1 of the current year of their election to have collection done by the City for the following year(s).

(B) Multi-Family Premises

(1) The City shall collect no solid waste or recyclable materials from multi-family premises or complexes.

(2) Recyclable materials shall be kept separate from other solid waste.

(C) Commercial Premises

(1) Refuse/garbage shall be collected once a week from commercial premises according to a schedule set by the City. The maximum volume of refuse/garbage collected per dwelling unit shall be 95 gallons per week. Commercial premises generating more than 95 gallons of refuse/garbage per week shall contract for private refuse collection service.

(2) Recyclable materials shall be collected from commercial premises according to a schedule set by the City. The maximum volume of recycling per dwelling unit shall be 95 gallons bi-weekly. The owner of each commercial premise will be charged a fee billed annually, established on an annual basis by the city council, for the collection of recyclables. Commercial premises generating more than 95 gallons of recycling material bi-weekly shall contract for private recycling collection service.

(3)(2) .

(D) Institutional and Industrial Premises

(1) The City shall collect no solid waste or recyclable materials from institutional or industrial premises.


(E) Exclusion for Central Business District

(1) Properties served by the three City-maintained dumpster corrals located in the 100 and 200 blocks of W. Wisconsin Avenue must deposit all refuse and garbage in dumpsters located in those corrals that are designated for that purpose.

(2) Properties served by the three City-maintained dumpster corrals located in the 100 and 200 blocks of W. Wisconsin Avenue must deposit all recycling materials in dumpsters located in those corrals that are designated for that purpose.


SECTIONSEC. 12-9 Point of Storage and Point of Collection.

(A) Storage

(A) Solid Waste Carts. Containers utilized for storage and collection of Solid Waste and Recyclable Material by the City shall be limited to solid waste carts designated by the City

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for use in the System. Solid Waste left for collection in receptacles or garbage bags other than the Solid Waste Carts approved by the City shall not be collected by the City.

(1) Solid Waste Carts shall be provided, owned and maintained by the City.

(2) The City may establish a Solid Waste Cart replacement and maintenance charge for the City’s curbside solid waste collection customers.

(3) The City may establish a fee to curbside solid waste collection customers who wish to change carts solely due to cart size.

(4) The City may establish a replacement fee for replacement of Solid Waste Carts that are damaged, lost or destroyed.

(5) Customers using City solid waste carts may mark the property address on the carts for their property. Said marking may only be done with the use of adhesive stickers. Paint, marker or other marking materials are not allowed.

(B) Storage

No personsperson shall store or permit to be stored upon property owned by them any

garbage, recycling, yard waste, refuse, or any container for any of these items in violation of

this section.

(1) Storage shall be prohibited in the front yard of any building as defined by Chapter 21 of this Municipal Code.

(2) Notwithstanding paragraph (A)(1) above, solid waste shall not be stored in the following locations:

(a) On any side of a building that faces a public right-of-way except alleys.

(b) On, under, or alongside of a front porch, stoop, landing, accessible ramp, or deck fronting on the public right-of-way, or

(c) Within 15 feet of the public right-of-way, except during collection time periods.

(3) Variance to this section may only be approved in writing by the Department.

(4) Pursuant to State Statutes, a special charge for collection of any items may be imposed against any parcel or property for any items placed within the terrace or public right-of-way before or after scheduled collection periods.

(BC) Collection

(1) Refuse must be placed in City-provided carts for collection and must fit completely within the cart with the lid closed.

(2) Recyclable materials must be placed in City-provided carts for collection and must fit completely within the cart with the lid closed.

(3) Garbage, refuseSolid Waste or recyclable materials placed outside or on top of collection carts will not be collected.

(4) All solid waste must be placed for collection on the terrace or at the edge of the roadway in the public right-of-way area where no terrace exists.

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(5) If the property ownersowner sign a waiver and release, releasing the City from damage liability to pavement, curbs, gutters, sidewalks and driveways, the City may collect solid waste from private roadways. All solid waste must be placed for collection on the edge of the private roadway.

(6) If the property owners sign a waiver and release, releasing the City from damage liability to curbs, gutters, sidewalks and driveways, the City may collect solid waste from private driveways in condominium associations. All solid waste must be placed for collection onat the edge of the private driveway.

(7) Solid waste shall not be placed out for collection before 4 o'clock p.m. of the day preceding a regularly scheduled pick-up or a previously announced date for collection of solid waste materials. Carts shall be returned by the persons to the point of storage within twelve (12) hours after collection.

(8) Carts must be set out by 6:30 a.m. on the day of collection. A collection charge and administrative fee per occurrence will be assessed when the City must return to collect a cart set out after the regularly scheduled collection has occurred; the amount charged to each lot or parcel of land shall be charged to the owner of the property and if not paid shall be assessed against the real estate as a special charge pursuant to State Statutes.

(CD) Solid Waste Cart Placement Requirements

(1) Carts shall be placed within one (1) foot of the curb or edge of pavement with the arrow on the lid facing the street. Areas that have no terrace should place their cart at the street edge of the sidewalk.

(2) There must be at least three (3) feet of space between the cart and other objects i.e.: trees, poles, mailboxes, plantings, parked cars, and other solid waste carts.

(3) Carts that cannot be collected without causing possible damage to property or vehicles will not be collected until the resident corrects the problem(s).

(4) Carts must remain at ground level. During winter months, residents will need to clear an area at the curb or driveway apron for cart placement. Carts placed on top of snow banks will not be collected.

(DE) Collection Schedules

Garbage and rubbish, yard waste, and recyclables shall be collected according to schedules designated and publicized by the Director of Public Works and Utilities.

SECTIONSEC. 12-10 General Requirements

(A) All garbage shall be drained and kept in carts issued by the City.

(B) No rear loaded containers (dumpsters) shall be allowed with the exception of Municipal Properties.

(C) Recyclables

(1) Containers

All residential dwelling units; multiple family units; commercial, institutional, and industrial establishments shall separate the containers and packaging materials designated under Section 12-4 for recycling.

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If the unit or establishment receives collection from the City, these materials shall be placed at the street in accordance with the rules, procedures, and schedules specified by the Department.

(2) Paper Materials

All residential dwelling units; multiple family units; commercial, institutions, and industrial establishments shall separate the materials designated under Section 12-4 for recycling.

If the unit or establishment receives collection from the City, the paper materials specified above shall be placed at the street in accordance with the rules, procedures, and schedules specified by the Department.

(3) No recyclable material may be contained in a plastic bag.

(4) If such materials are not properly prepared for collection or are commingled with other acceptable solid waste materials placed for collection, subparagraph (T) will apply.

(GD) Scavenging Prohibited. Scavenging of solid waste deposited on the curb area or in City-owned drop off facilities is prohibited. It shall be unlawful for any person, except the Street and Sanitation Division or agents of the City to remove such deposited material.

(HE) Nuisance. No person shall permit any solid waste or other substance tending to create a nuisance, to be thrown out or distributed on or about the premises including adjacent property, streets, alleys, lakes or streams within the City. When the Health Officer determines that a facility's solid waste or other substances becomes a nuisance to adjoining property owners, including the City streets, by being scattered, the Health Officer shall require the owner of the facility to provide an adequate enclosure, including fencing, to prevent solid waste or other substances from being blown or scattered to adjoining properties and the City streets.

(IF) Dumping. No person shall dump solid waste on any lot or property within the City unless said dumping complies with all federal, State and local restrictions.

(JG) Ashes and sawdust. Ashes and sawdust shall be separated from other rubbish and garbage and placed in plastic bags meeting the specifications in this section. The weight shall not exceed 25 pounds per bag. Ashes must be thoroughly extinguished and quenched with water.

(KH) Animal feces shall be properly disposed of by wrapping in paper and then placing it in a suitable plastic disposable bag not less than two (2) mil thickness. No more than twenty-five (25) pounds of animal waste shall be placed in a bag.

(LI) Stones, concrete, dirt, tires, batteries, antifreeze, medical waste, hazardous substances, electronics, automotive engine waste oil, and construction or demolition waste are not allowed in the solid waste stream and will not be picked up. Any cart with such prohibited materials will not be collected.

(1) Stones, concrete and small quantities of dirt generated at residential sites within the City may be deposited at the City designated collection site.

(2) Disposal of automotive engine waste oil, which shall be free of all contaminants, solvents, hazardous materials, etc., shall be permitted at City-designated collection sites. No person residing outside the City limits shall bring into the City and dispose at any City-designated collection site any automotive engine waste oil. Used oil filters may not be disposed of with garbage.

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(a) (a) As used in this section: automotive engine oil means any oil to be used in the engine or crankcase of a motor vehicle; engine waste oil means automotive engine oil after it is used and removed from the engine or crankcase of a motor vehicle but before that oil is recycled; motor vehicle means any vehicle propelled by an internal combustion engine and includes any automobile, truck, bus, motorcycle, snowmobile, or vehicle which travels on or off roads or highways.

(3) Lead Acid Batteries/Waste Tires shall be taken to a vendor or other establishment capable of properly processing these items. A list of vendors or other establishments shall be established and made available to the public through the Department.

(4) Electronic waste must be recycled through local vendors or the Winnebago County Landfill Drop off Site. The City will not collect these items at the curb. See the State of Wisconsin, Bureau of Waste and Materials Management, Wisconsin Department of Natural Resources for an updated list of electronics to be recycled:

[email protected].

(5) Construction or Demolition Waste generated at residential sites within the City may be deposited at the City designated collection site.

(MJ) Yard waste and brush shall not be allowed in the refuse or recycling carts. Yard Waste and Brush may be set out for curbside collection on the schedule established by the Department, provided it is prepared for collection as required by the Department, and may also be deposited at the City-designated collection site as yard waste.

(NK) Composting. Composting is defined as above-ground microbial process, other than active garden areas, that converts yard or approved household waste to organic soil amendment or mulch by decomposition of material through an aerobic process. Backyard composting of yard wastes must be operated to prevent a nuisance condition, unsightly mess or an environmental or health hazard. General guidelines published by the Wisconsin Department of Natural Resources shall be followed. No dairy products, meat, fish, fat, oils, bones or animal wastes shall be composted. Composting is allowed in the City subject to the following requirements:

(1) Location. Compost sites must be set back three feet from any rear or side property line and shall not be located in the required front setback area, or closer than 20 feet from any habitable building other than the dwelling occupied by the owner.

(2) Number and size. No lot may contain more than two composting sites. The total composting area per lot may not exceed 60 square feet in area or exceed four feet in height.

(3) Composting containment. All composting sites must be contained within at least a three-sided structure, which may be constructed of wood, masonry, wire mesh or commercially fabricated compost bins.

(Code 1977, § 10.08(5); Ord. No. 1393, § 2, 1-20-2010)

(O) Major Appliances Not Containing Freon and Major Appliances Containing Freon are not collected by the City.

(P) Items containing metal which include but are not limited to engines, car parts, swing sets, piping, springs, lawn mowers, and bicycles which require special arrangements for pick-up

mailto:[email protected]

must be kept separate from all other solid waste. No person, property owner, or occupant or person in charge of the property shall place such items for pickup and disposal by the City unless the person has previously arranged for a pick-up of such items on the schedule established by the Department.

(Q) Large items, which include but are not limited to: mattresses, box springs, hide-a-beds, upholstered furniture such as couches, davenports, love seats, recliners, chairs, kitchen and dining room tables, desks, entertainment centers and other entertainment consoles, dressers, vanities, chest-of-drawers and similar furniture, head boards and objects that do not fit in the solid waste cart, which require special arrangements for pick-up must be kept separate from all other solid waste. No person, property owner, or occupant or person in charge of the property shall place such items for pick-up and disposal by the City unless the person has previously arranged for a special pick-up of such items on the schedule established by the Department.

(R) Property owners shall keep the collection carts in a clean and sanitary condition. Maintenance and repair of all carts used for the collection of solid waste shall be the responsibility of the City.

(S) The owner of the property shall be responsible for maintaining the recyclable area. The owner shall keep the area free of any junk, litter, debris or other condition. If other materials are mixed with recyclable materials in a dumpster or otherwise, the material shall be tagged and left on site. The owner of the property shall be responsible to either dispose of the materials or to separate the materials into recyclable and non-recyclable materials for proper pickup at the next scheduled pickup date.

(T) If solid waste is not prepared according to the provisions of this Chapter, or is not placed in suitable carts (issued by the Sanitation Division) or location or if a cart is damaged, employees of the Sanitation Division shall "tag" these carts and collection shall not be made until the condition is remedied in compliance with this ordinance.

SECTIONSEC. 12-11 Responsibilities of Owners or Designated Agents of Multi-Family Dwellings.

(A) Owners or designated agents of multiple dwelling structures shall do all of the following in compliance with this ordinance:

(1) Provide adequate, separate containers for the recyclable materials;

(2) Educate all tenants as to the requirements of this chapter. The owner shall be responsible to notify tenants initially upon move-in and semi-annually thereafter of the requirements of this ordinance.

(3) Provide for the collection of the materials separated from the solid waste by the users, tenants and occupants and the delivery of the materials to a recycling facility;

(4) Notify users, tenants, and occupants of reasons to reduce and recycle, which materials are collected, how to prepare materials in order to meet the processing requirements, collection methods or sites, locations and hours of operation, and a contact person or company, including a name, address and telephone number.

(B) The requirements specified in (1) do not apply to the owners or designated agents of non-residential facilities and properties if the post-consumer waste generated within the facility or property is treated at a processing facility licensed by the Department of Natural

Resources that recovers for recycling the materials specified in Section 12-3 from solid waste in as pure a form as is technically feasible.

(C) The owner of rental property shall be responsible for violations of this chapter occurring on rental property.

SECTIONSEC. 12-12 Responsibilities of Owners or Designated Agents of Non-Residential Facilities and Properties.

(A) Owners or designated agents of non-residential facilities and properties shall do all of the following in compliance with this ordinance:



(3) If collection is not provided by the City, provide for the collection of the materials separated from the solid waste by the users, tenants, and occupants and the delivery of the materials to a recycling facility;


(5) Provide the Department with recycling tonnage data upon request.

(B) The requirements specified in (1) do not apply to the owners or designated agents of non-residential facilities and properties if the post-consumer waste generated within the facility or property is treated at a processing facility licensed by the Department of Natural Resources that recovers for recycling the materials specified in Section 12-3 from solid waste in as pure a form as is technically feasible.


SECTIONSEC. 12-13 Littering Prohibited.

(A) No person shall throw, place or deposit any garbage or rubbish in any street, alley, public place, or private property within the city limits except in garbage containers or in rubbish containers as herein provided.

(B) No person shall throw, place or deposit any garbage or rubbish in any garbage containers or rubbish containers not owned by them without permission or authorization of the owner of those containers.

SECTIONSEC. 12-14 Private collectionCollection.

(A) Garbage and rubbish. WhereWher.e solid waste is privately collected, it shall be the responsibility of the owner to collect and place the material in a licensed solid waste disposal facility. It shall be the responsibility of the owner to keep records needed to document and otherwise comply with State and local regulations.

(B) Recyclable material. Where recyclable materials are privately collected, it shall be the responsibility of the collector to properly deliver the materials to a recycling processing facility or end user of recyclables and to keep all records as needed to document and otherwise comply with State and local regulations. Records must be made available to the Department upon request.

(Code 1977, § 10.08(7); Ord. No. 2011-5, § 4, 4-6-2011)

SECTIONSEC. 12-15 Non-Resident Refuse Disposal Prohibited.

(A) No person residing outside the City limits shall bring into the City for disposal any garbage, rubbish or other items of a combustible or noncombustible nature.

(B) Any person violating the provisions of this Section shall be assessed the actual costs incurred by the City for proper disposal together with an administrative charge. The imposition and collection of any forfeiture prescribed by this Chapter shall not bar the right of the City to collect the costs of disposal as herein provided.

SECTIONSEC. 12-16 Inspection Authority.

For the purpose of ascertaining compliance with the provisions of this ordinance, any authorized officer, employee or representative of the City of Neenah may inspect recyclable materials separated for recycling, post-consumer waste intended for disposal, recycling collection sites and facilities, collection vehicles, collection areas of multiple family dwellings and non-residential facilities and properties, and any records relating to recycling activities which shall be kept confidential when necessary to protect proprietary information. No person may refuse access to any authorized officer, employee, or representative of the City of Neenah who requests access for purposes of inspection, and who presents appropriate credentials. No person may obstruct, hamper, or interfere with such an inspection.

SECTIONSEC. 12-17 Dumping Grounds Regulations.

The Police Department, through its Chief, and the Public Works Department, through its Director, acting in concert, shall regulate the dumping, depositing, or placing of trash, brush, yard waste, or any other solid waste or recyclables on and within any land or place within the City. Any land or place designated as dumping grounds, or drop off site for any material including recyclables shall be published by the erection of signs in conspicuous places on such grounds, containing suitable instructions to the public.

SECTIONSEC. 12-18 Enforcement.

Violations of this section shall be specifically enforceable according to the provisions of Section 1-7 of the City Code. Any authorized officer, employee or representative of the City may inspect recyclable materials separated for recycling, post-consumer waste intended for disposal, collection sites and facilities, collection vehicles, collection areas of multiple-family dwellings and nonresidential facilities and properties, solid waste disposal facilities and solid waste treatment facilities, and any records relating to recycling activities for the purpose of ascertaining compliance with the provisions of this article. No person may refuse access to any authorized officer, employee or authorized representative of the City who requests access for purposes of inspection, and who presents appropriate credentials. No person may obstruct, hamper or interfere with such an inspection.

I I

(Code 1977, § 10.08(8))

Neenah WISCONSIN. Neenah WISCONSIN.

211 Walnut Street Neenah, WI 54956

ORDINANCE NO. 2018-14

Introduced: September 19, 2018

Committee/Commission Action:

RECOMMENDED FOR PASSAGE

AN ORDINANCE

The Common Council of the City of Neenah, Wisconsin, do ordain as follows:

Section 1. Chapter 12 of the Code of Ordinances of the City of Neenah is repealed and recreated to read as follows:

CHAPTER 12 SOLID WASTE COLLECTION AND DISPOSAL

12-1 Defini t ions

12-2 Legis la t i ve In tent

12-3 Implementation

12-4 Recycling Required

12-5 Separation Requirements Exempted

12-6 Care of Separated Recyclable Materials

12-7 Prohibition on Disposal of Recyclable Materials Separated for Recycling

12-8 Standards of Service

12-9 Point of Storage and Point of Collection

12-10 General Requirements

12-11 Responsibilities of Owners or Designated Agents of Multi -Family Dwellings

12-12 Responsibilities of Owners or Designated Agents of Non-Residential Facilities and Properties

12-13 Littering Prohibited

12-14 Private Collection

12-15 Non-Resident Refuse Disposal Prohibited

12-16 Inspection Authority

12-17 Dumping Grounds Regulations

12-18 Enforcement

AN ORDINANCE: By Public Services & Safety Committee

Re: Repealing and Recreating Chapter 12 of the Code of Ordinances, Solid Waste

SEC. 12-1 Definitions.

The following definitions shall apply unless a different meaning appears from the context.

Approved means approved by the Director of Public Works unless specifically stated otherwise.

Bi-metal container means a container for carbonated or malt beverage that is made primarily of a combination of steel and aluminum.

Brush means trimmings from shrubs and trees, tree limbs less than six (6) inches in diameter and stalks from garden plants. Brush does not include stumps, root balls or logs greater than six (6) inches in diameter.

Bulky wastes/Large Items means discarded articles of such dimension as are not normally collected with domestic waste including, but not limited to, items of applicant, furniture, plumbing fixtures, windows and doors, but would be considered domestic wastes. In general, bulky wastes are those wastes too large to be placed in a cart.

Bundle means to securely tie with string or twine.

Cart means a plastic container issued by the City of Neenah for the storage and collection of solid waste or recyclables.

City shall mean the City of Neenah and/or its designated agent.

Collecting and transporting service means a municipal or privately operated agency, business or service for the collecting or transporting of solid waste for disposal or recycling purposes.

Commercial wastes means wastes resulting from the operation of business enterprises including, but not limited to offices, stores, restaurants and similar businesses.

Commingled recyclables means a mixture of several recyclable materials placed in one container.

Composting means the process of decaying organic matter, such as leaves, garden debris, grass clippings, raw kitchen scraps and other vegetative materials capable of natural decomposition.

Construction and/or demolition waste means waste resulting from building construction, demolition, alteration, repair or remodeling, including excavated material and waste such as concrete, stone, asphalt, sod, earth, dirt and brick.

County shall mean Winnebago County unless specifically stated otherwise.

Department means the City of Neenah Department of Public Works.

Domestic waste means garbage, refuse, ashes and other waste including, but not limited to metal, glass, paper, wood, rags, plastic, rubber, cloth, cans, bottles, litter, and small quantities of construction and/or demolition wastes, and limited nauseous and/or offensive wastes, with the understanding that these wastes resulting from human habitation and the usual routine of housekeeping of residential units or incidental to its operation. Domestic waste does not include grass clippings, leaves, tree waste, or yard waste.

Dwelling unit shall be as defined in Section 21-19 of this code.

Electronic waste includes televisions, computers (desktop, laptop, netbook and tablet computers), desktop printers (including those that scan, fax and/or copy), computer monitors, other computer accessories (including keyboards, mice, speakers, external hard drives and flash drives), DVD players, VCRs and other video players (i.e., DVRs), fax machines, and cell phones. Electronic waste shall also include microwave

ovens.The definitions found in Wisconsin Statutes §287.17 shall be incorporated into this Chapter.

Foam polystyrene packaging means packaging made primarily from foam polystyrene that satisfies one of the following criteria:

(1) Is designed for serving food or beverages;

(2) Consists of loose particles intended to fill space and cushion the packaged article in a shipping container; or

(3) Consists of rigid materials shaped to hold and cushion the packaged article in a shipping container

Garbage shall be as defined in Wisconsin Statutes §289.01(9).

Hazardous waste shall be as defined in Wisconsin Administrative Code NR 661.03.

Household Hazardous Waste means those wastes resulting from products purchased by the general public for household use which, because of their quantity, concentration, or physical, chemical, or infectious characteristics, may pose a substantial known or potential hazard to human health or the environment when improperly treated, disposed of, or otherwise managed.

Industrial waste shall be as defined in Wisconsin Statutes §281.01(5).

Liquid waste shall include drain oil, dirty or waste grease, paints, lacquers, varnishes, thinners, cleaning agents or solvents and other similar waste materials.

Major appliance containing Freon means refrigerator, freezer, air conditioner, or dehumidifier.

Major appliance not containing Freon means a hot water heater, oven, range, stove, microwave oven, dishwasher, clothes washer and dryer, furnace or boiler.

Medical waste means infectious waste and those containers, packages and materials that contain infectious waste or that are from a treatment area and are mixed with infectious waste.

Metal means those metal materials that can be recycled but does not include major appliances or metal containers like steel or aluminum cans.

Multiple dwelling means residential structures with more than four dwelling units located within a structure or a complex of structures with at least one structure in the complex consisting of more than four dwelling units.

Nauseous or offensive materials are those which are unwholesome in nature or have an unpleasant smell or are otherwise nauseous or offensive, such as manure, filth, carcasses, meat, fish, entrails, hides and hide scrapings, paint, kerosene, oily or greasy substances and also object that may cause injury to any person or animal, or damage to vehicle tires such as nails, tacks, pieces of metal, wire, briar thorns, broken glass and other similar materials or substances.

Nonrecyclable material means material not capable of being recycled or used again.

Plastic container means an individual, separate, and rigid bottle, can, jar, or carton, made from plastic, except for a blister pack as defined in Wis. Stat. § 100.33(1)(c), as may be amended from time to time, that is originally used to contain a product that is the subject of retail sales defined in Wis. Stat. §100.30(2)(h, as may be amended from time to time.

Premises shall mean platted lot or part thereof or unplatted lot or parcel of land or plot of land, either occupied or unoccupied by any dwelling or non-dwelling structure. Premises include the following categories:

(1) Single-family premises. Any housing building containing a single-family dwelling unit. For the purposes of this chapter, any housing building with less than five (5) dwelling units shall fall in this category. Each unit shall be regarded as a single-family dwelling unit.

(2) Multi-family premises. All housing buildings having five (5) or more dwelling units.

(3) Commercial or business premises. Any public or private place, building and/or enterprise devoted in whole or in part to a business enterprise whether non-profit or profit making in nature.

(4) Institutional premises. Any institutional enterprise, including, but not limited to, hospitals, churches, schools, nursing homes, motels and homes for the aging.

Recyclable material means material in solid waste for which there exists a commercially demonstrated processing or manufacturing technology which uses the material as a raw material.

Refuse means all matters produced from industrial or community life, subject to decomposition, not defined as sewage or wastewater. This term does not include appliances, stones, concrete, dirt, plaster, tires, batteries, antifreeze, automotive engine waste oil, yard waste, building demolition materials, and recyclables.

Residential includes the following categories:

(1) a structure consisting of no more than four dwelling units as that term is defined within Chapter 21 of this code.

(2) a complex of structures with each structure in the complex consisting of no more than 4 dwelling units.

(3) a condominium association.

Rubbish means that portion of the solid waste remaining when garbage, hazardous waste, recyclable material and yard waste have been removed.

Solid waste shall be as defined in Wis. Stat. §289.01(33).

Solid waste disposal facility shall be as defined in Wis. Stas §289.01(35).

Solid waste collection system or “System”, shall mean the method for collection of Solid Waste in the City by the Department as outlined in this Chapter and any rules or regulations issued by the Department to implement the System as intended by the Common Council.

Tree waste shall mean waste resulting from the care of trees, shrubs and brushes by pruning and/or wind and storm damage and/or trimming including branches, limbs, trunks and stumps.

Vehicle waste shall mean waste resulting from discarded items of a vehicle, including but not limited to, tires, mufflers, exhaust pipes, engine parts, and could include whole vehicles.

Waste engine oil means any oil, which was used in an internal combustion engine.

Yard waste means leaves, yard and garden debris, and brush including clean woody vegetative material no greater than three (3) inches in diameter. This term does not include yard and garden debris and brush in excess of three (3) inches in diameter, grass clippings stumps, roots, or shrubs with intact root balls.

SEC. 12-2 Legislative Intent.

It is intended by this article to establish regulations that reduce the amount of solid waste and other disposables in landfills and thus protect the public health and welfare and the

environment. It is further intended by this article to comply with mandatory recycling legislation and implement regulations enacted by the State, including Wis. Stats. ch. 289. To the extent permitted by law, this article is intended to serve as a municipal solid waste flow control ordinance in conjunction with program activities of Winnebago County and its Solid Waste Management Board.

(Code 1977, § 10.08(2))

SEC. 12-3 Implementation.

The collection, removal and disposal of solid waste in the City shall be conducted under the supervision, direction and control of the Director of Public Works. The Director of Public Works is authorized to establish and enforce such rules and regulations deemed necessary for solid waste collection and storage.

(Code 1977, § 10.08(1); Ord. No. 2011-5, § 2, 4-6-2011)

SEC. 12-4 Recycling Required.

All occupants of buildings, both residential and non-residential, shall separate for recycling the following materials as designated and publicized for recycling by the Director of Public Works:

Single Stream Cart Items (1) Aluminum containers (2) Bi-Metal containers (3) Corrugated paper or other container board (4) Glass containers (5) Magazines (6) Newspapers (7) Office paper (8) Plastic containers labeled by SPI (Society of the Plastics Industry) except

those previously used for storage of hazardous chemicals, motor oil, transmission fluid, or brake fluid products.

(9) Steel containers

Recyclable Items — Special Collection and/or Disposal Required (1) Waste Oil - see Section 12-10(L)(2) (2) Lead Acid Batteries - see Section 12-10(L)(3) (3) Waste Tires - see Section 12-10(L)(3) (4) Electronics - see Section 12-10(L)(4) (5) Yard Waste - see Section 12-10(M) (6) Major Appliance - see Section 12-10(O)

SEC. 12-5 Separation Requirements Exempted

The separation requirements of Section 12-4 do not apply to the following:

(A) Owners and Occupants of properties that send their post-consumer waste to a processing facility licensed by the Wisconsin Department of Natural Resources that recovers the materials specified in Section 12-4 from solid waste in as pure a form as is technically feasible.

(B) Solid Waste which is burned as a supplemental fuel at a facility if less than 30% of the heat input to the facility is derived from the solid waste burned as a supplemental fuel.

(C) A recyclable material specified in Section 12-4 for which a variance has been granted by the Department of Natural Resources under s. 159.11(2m), Wis Stats. or s. NR 544.14 Wis Admin. Code

SEC. 12-6 Care of Separated Recyclable Materials.

To the greatest extent practicable, the recyclable materials separated in accordance with Section 12-4 shall be clean and kept free of contaminants such as food or product residue, oil or grease, or other non-recyclable materials, including but not limited to household hazardous waste, medical waste, and agricultural chemical containers. Recyclable materials shall be stored in a manner which protects them from wind, rain, and other inclement weather conditions.

SEC. 12-7 Prohibition on Disposal of Recyclable Materials Separated for Recycling.

No person may dispose of in a solid waste disposal facility or burn in a solid waste treatment facility any of the materials specified in Section 12-4 which have been separated for recycling, except waste tires may be burned with energy recovery in a solid waste treatment facility.

SEC. 12-8 Standards of Service.

(A) Single Family Premises

(1) Solid waste, with the exception of recyclable materials, shall be collected once a week from single family premise dwelling units according to a schedule set by the City. The maximum volume of refuse/garbage collected per dwelling unit shall be 95 gallons per week.

(2) Recyclable materials shall be collected from single family premise dwelling units according to a schedule set by the City. The maximum volume of recycling collected per dwelling unit shall be 95 gallons bi-weekly. The owner of each residential dwelling unit will be charged a fee billed annually, established on an annual basis by the city council, for the collection of recyclables.

(3) Condominium associations and owners of residential structures containing up to four (4) dwelling units may elect not to have solid waste and recyclables collected by the City for the entire condominium association or structure. Elections by condominium associations and owners of residential structures containing up to four (4) dwelling units are applicable to the entire condominium association or structure and may not be made on an individual basis by dwelling unit.

If the condominium association or the owner of a residential structure containing up to four (4) dwelling units elects not to have solid waste and recyclables collected by the City, the association or the owner of the residential structure shall notify the Director of Public Works by October 1 of the current year of their election not to receive collection.

If a condominium association or the owner of a residential structure containing up to four (4) dwelling units who has previously made an election not to have solid waste and recyclables collected by the City elects to have collection of solid waste and recyclables by the City for the following year, the association or owner of the structure shall notify the Director of Public Works by October 1 of the current year of their election to have collection done by the City for the following year(s).

(B) Multi-Family Premises

(1) The City shall collect no solid waste or recyclable materials from multi-family premises or complexes.


(C) Commercial Premises

(1) Refuse/garbage shall be collected once a week from commercial premises according to a schedule set by the City. The maximum volume of refuse/garbage

collected per dwelling unit shall be 95 gallons per week. Commercial premises generating more than 95 gallons of refuse/garbage per week shall contract for private refuse collection service.

(2) Recyclable materials shall be collected from commercial premises according to a schedule set by the City. The maximum volume of recycling per dwelling unit shall be 95 gallons bi-weekly. The owner of each commercial premise will be charged a fee billed annually, established on an annual basis by the city council, for the collection of recyclables. Commercial premises generating more than 95 gallons of recycling material bi-weekly shall contract for private recycling collection service.

(D) Institutional and Industrial Premises

(1) The City shall collect no solid waste or recyclable materials from institutional or industrial premises.


(E) Exclusion for Central Business District

(1) Properties served by the three City-maintained dumpster corrals located in the 100 and 200 blocks of W. Wisconsin Avenue must deposit all refuse and garbage in dumpsters located in those corrals that are designated for that purpose.

(2) Properties served by the three City-maintained dumpster corrals located in the 100 and 200 blocks of W. Wisconsin Avenue must deposit all recycling materials in dumpsters located in those corrals that are designated for that purpose.


SEC. 12-9 Point of Storage and Point of Collection.

(A) Solid Waste Carts. Containers utilized for storage and collection of Solid Waste and Recyclable Material by the City shall be limited to solid waste carts designated by the City for use in the System. Solid Waste left for collection in receptacles or garbage bags other than the Solid Waste Carts approved by the City shall not be collected by the City.

(1) Solid Waste Carts shall be provided, owned and maintained by the City.

(2) The City may establish a Solid Waste Cart replacement and maintenance charge for the City’s curbside solid waste collection customers.

(3) The City may establish a fee to curbside solid waste collection customers who wish to change carts solely due to cart size.

(4) The City may establish a replacement fee for replacement of Solid Waste Carts that are damaged, lost or destroyed.

(5) Customers using City solid waste carts may mark the property address on the carts for their property. Said marking may only be done with the use of adhesive stickers. Paint, marker or other marking materials are not allowed.

(B) Storage

No person shall store or permit to be stored upon property owned by them any garbage,

recycling, yard waste, refuse, or any container for any of these items in violation of this

section.

(1) Storage shall be prohibited in the front yard of any building as defined by Chapter 21 of this Municipal Code.

(2) Notwithstanding paragraph (A)(1) above, solid waste shall not be stored in the following locations:

(a) On any side of a building that faces a public right-of-way except alleys.

(b) On, under, or alongside of a front porch, stoop, landing, accessible ramp, or deck fronting on the public right-of-way, or

(c) Within 15 feet of the public right-of-way, except during collection time periods.

(3) Variance to this section may only be approved in writing by the Department.

(4) Pursuant to State Statutes, a special charge for collection of any items may be imposed against any parcel or property for any items placed within the terrace or public right-of-way before or after scheduled collection periods.

(C) Collection

(1) Refuse must be placed in City-provided carts for collection and must fit completely within the cart with the lid closed.

(2) Recyclable materials must be placed in City-provided carts for collection and must fit completely within the cart with the lid closed.

(3) Solid Waste or recyclable materials placed outside or on top of collection carts will not be collected.

(4) All solid waste must be placed for collection on the terrace or at the edge of the roadway in the public right-of-way area where no terrace exists.

(5) If the property owner sign a waiver and release, releasing the City from damage liability to pavement, curbs, gutters, sidewalks and driveways, the City may collect solid waste from private roadways. All solid waste must be placed for collection on the edge of the private roadway.

(6) If the property owners sign a waiver and release, releasing the City from damage liability to curbs, gutters, sidewalks and driveways, the City may collect solid waste from private driveways in condominium associations. All solid waste must be placed for collection at the edge of the private driveway.

(7) Solid waste shall not be placed out for collection before 4 o'clock p.m. of the day preceding a regularly scheduled pick-up or a previously announced date for collection of solid waste materials. Carts shall be returned by the persons to the point of storage within twelve (12) hours after collection.

(8) Carts must be set out by 6:30 a.m. on the day of collection. A collection charge and administrative fee per occurrence will be assessed when the City must return to collect a cart set out after the regularly scheduled collection has occurred; the amount charged to each lot or parcel of land shall be charged to the owner of the property and if not paid shall be assessed against the real estate as a special charge pursuant to State Statutes.

(D) Solid Waste Cart Placement Requirements

(1) Carts shall be placed within one (1) foot of the curb or edge of pavement with the arrow on the lid facing the street. Areas that have no terrace should place their cart at the street edge of the sidewalk.

(2) There must be at least three (3) feet of space between the cart and other objects i.e.: trees, poles, mailboxes, plantings, parked cars, and other solid waste carts.

(3) Carts that cannot be collected without causing possible damage to property or vehicles will not be collected until the resident corrects the problem(s).

(4) Carts must remain at ground level. During winter months, residents will need to clear an area at the curb or driveway apron for cart placement. Carts placed on top of snow banks will not be collected.

(E) Collection Schedules

Garbage and rubbish, yard waste, and recyclables shall be collected according to schedules designated and publicized by the Director of Public Works and Utilities.

SEC. 12-10 General Requirements

(A) All garbage shall be drained and kept in carts issued by the City.

(B) No rear loaded containers (dumpsters) shall be allowed with the exception of Municipal Properties.

(C) Recyclables

(1) Containers

All residential dwelling units; multiple family units; commercial, institutional, and industrial establishments shall separate the containers and packaging materials designated under Section 12-4 for recycling.

If the unit or establishment receives collection from the City, these materials shall be placed at the street in accordance with the rules, procedures, and schedules specified by the Department.

(2) Paper Materials

All residential dwelling units; multiple family units; commercial, institutions, and industrial establishments shall separate the materials designated under Section 12-4 for recycling.

If the unit or establishment receives collection from the City, the paper materials specified above shall be placed at the street in accordance with the rules, procedures, and schedules specified by the Department.

(3) No recyclable material may be contained in a plastic bag.

(4) If such materials are not properly prepared for collection or are commingled with other acceptable solid waste materials placed for collection, subparagraph (T) will apply.

(D) Scavenging Prohibited. Scavenging of solid waste deposited on the curb area or in City-owned drop off facilities is prohibited. It shall be unlawful for any person, except the Street and Sanitation Division or agents of the City to remove such deposited material.

(E) Nuisance. No person shall permit any solid waste or other substance tending to create a nuisance, to be thrown out or distributed on or about the premises including adjacent property, streets, alleys, lakes or streams within the City. When the Health Officer determines that a facility's solid waste or other substances becomes a nuisance to adjoining property owners, including the City streets, by being scattered, the Health Officer shall require the owner of the facility to provide an adequate enclosure, including fencing, to prevent solid waste or other substances from being blown or scattered to adjoining properties and the City streets.

(F) Dumping. No person shall dump solid waste on any lot or property within the City unless said dumping complies with all federal, State and local restrictions.

(G) Ashes and sawdust. Ashes and sawdust shall be separated from other rubbish and garbage and placed in plastic bags meeting the specifications in this section. The weight shall not exceed 25 pounds per bag. Ashes must be thoroughly extinguished and quenched with water.

(H) Animal feces shall be properly disposed of by wrapping in paper and then placing it in a suitable plastic disposable bag not less than two (2) mil thickness. No more than twenty-five (25) pounds of animal waste shall be placed in a bag.

(I) Stones, concrete, dirt, tires, batteries, antifreeze, medical waste, hazardous substances, electronics, automotive engine waste oil, and construction or demolition waste are not allowed in the solid waste stream and will not be picked up. Any cart with such prohibited materials will not be collected.

(1) Stones, concrete and small quantities of dirt generated at residential sites within the City may be deposited at the City designated collection site.

(2) Disposal of automotive engine waste oil, which shall be free of all contaminants, solvents, hazardous materials, etc., shall be permitted at City-designated collection sites. No person residing outside the City limits shall bring into the City and dispose at any City-designated collection site any automotive engine waste oil. Used oil filters may not be disposed of with garbage.

(a) As used in this section: automotive engine oil means any oil to be used in the engine or crankcase of a motor vehicle; engine waste oil means automotive engine oil after it is used and removed from the engine or crankcase of a motor vehicle but before that oil is recycled; motor vehicle means any vehicle propelled by an internal combustion engine and includes any automobile, truck, bus, motorcycle, snowmobile, or vehicle which travels on or off roads or highways.

(3) Lead Acid Batteries/Waste Tires shall be taken to a vendor or other establishment capable of properly processing these items. A list of vendors or other establishments shall be established and made available to the public through the Department.

(4) Electronic waste must be recycled through local vendors or the Winnebago County Landfill Drop off Site. The City will not collect these items at the curb. See the State of Wisconsin, Bureau of Waste and Materials Management, Wisconsin Department of Natural Resources for an updated list of electronics to be recycled: [email protected].

(5) Construction or Demolition Waste generated at residential sites within the City may be deposited at the City designated collection site.

(J) Yard waste and brush shall not be allowed in the refuse or recycling carts. Yard Waste and Brush may be set out for curbside collection on the schedule established by the Department, provided it is prepared for collection as required by the Department, and may also be deposited at the City-designated collection site as yard waste.

(K) Composting. Composting is defined as above-ground microbial process, other than active garden areas, that converts yard or approved household waste to organic soil amendment or mulch by decomposition of material through an aerobic process. Backyard composting of yard wastes must be operated to prevent a nuisance condition, unsightly mess or an environmental or health hazard. General guidelines published by the Wisconsin Department of Natural Resources shall be followed. No dairy products, meat, fish, fat, oils, bones or animal wastes shall be composted. Composting is allowed in the City subject to the following requirements:

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(1) Location. Compost sites must be set back three feet from any rear or side property line and shall not be located in the required front setback area, or closer than 20 feet from any habitable building other than the dwelling occupied by the owner.

(2) Number and size. No lot may contain more than two composting sites. The total composting area per lot may not exceed 60 square feet in area or exceed four feet in height.

(3) Composting containment. All composting sites must be contained within at least a three-sided structure, which may be constructed of wood, masonry, wire mesh or commercially fabricated compost bins.

(Code 1977, § 10.08(5); Ord. No. 1393, § 2, 1-20-2010)

(O) Major Appliances Not Containing Freon and Major Appliances Containing Freon are not collected by the City.

(P) Items containing metal which include but are not limited to engines, car parts, swing sets, piping, springs, lawn mowers, and bicycles which require special arrangements for pick-up must be kept separate from all other solid waste. No person, property owner, or occupant or person in charge of the property shall place such items for pickup and disposal by the City unless the person has previously arranged for a pick-up of such items on the schedule established by the Department.

(Q) Large items, which include but are not limited to: mattresses, box springs, hide-a-beds, upholstered furniture such as couches, davenports, love seats, recliners, chairs, kitchen and dining room tables, desks, entertainment centers and other entertainment consoles, dressers, vanities, chest-of-drawers and similar furniture, head boards and objects that do not fit in the solid waste cart, which require special arrangements for pick-up must be kept separate from all other solid waste. No person, property owner, or occupant or person in charge of the property shall place such items for pick-up and disposal by the City unless the person has previously arranged for a special pick-up of such items on the schedule established by the Department.

(R) Property owners shall keep the collection carts in a clean and sanitary condition. Maintenance and repair of all carts used for the collection of solid waste shall be the responsibility of the City.

(S) The owner of the property shall be responsible for maintaining the recyclable area. The owner shall keep the area free of any junk, litter, debris or other condition. If other materials are mixed with recyclable materials in a dumpster or otherwise, the material shall be tagged and left on site. The owner of the property shall be responsible to either dispose of the materials or to separate the materials into recyclable and non-recyclable materials for proper pickup at the next scheduled pickup date.

(T) If solid waste is not prepared according to the provisions of this Chapter, or is not placed in suitable carts (issued by the Sanitation Division) or location or if a cart is damaged, employees of the Sanitation Division shall "tag" these carts and collection shall not be made until the condition is remedied in compliance with this ordinance.

SEC. 12-11 Responsibilities of Owners or Designated Agents of Multi-Family Dwellings.

(A) Owners or designated agents of multiple dwelling structures shall do all of the following in compliance with this ordinance:



(3) Provide for the collection of the materials separated from the solid waste by the users, tenants and occupants and the delivery of the materials to a recycling facility;


(B) The requirements specified in (1) do not apply to the owners or designated agents of nonresidential facilities and properties if the post-consumer waste generated within the facility or property is treated at a processing facility licensed by the Department of Natural Resources that recovers for recycling the materials specified in Section 12-3 from solid waste in as pure a form as is technically feasible.


SEC. 12-12 Responsibilities of Owners or Designated Agents of Non-Residential Facilities and Properties.

(A) Owners or designated agents of non-residential facilities and properties shall do all of the following in compliance with this ordinance:



(3) If collection is not provided by the City, provide for the collection of the materials separated from the solid waste by the users, tenants, and occupants and the delivery of the materials to a recycling facility;


(5) Provide the Department with recycling tonnage data upon request.

(B) The requirements specified in (1) do not apply to the owners or designated agents of nonresidential facilities and properties if the post-consumer waste generated within the facility or property is treated at a processing facility licensed by the Department of Natural Resources that recovers for recycling the materials specified in Section 12-3 from solid waste in as pure a form as is technically feasible.


SEC. 12-13 Littering Prohibited.

(A) No person shall throw, place or deposit any garbage or rubbish in any street, alley, public place, or private property within the city limits except in garbage containers or in rubbish containers as herein provided.

(B) No person shall throw, place or deposit any garbage or rubbish in any garbage containers or rubbish containers not owned by them without permission or authorization of the owner of those containers.

SEC. 12-14 Private Collection.

(A) Garbage and rubbish. Wher.e solid waste is privately collected, it shall be the responsibility of the owner to collect and place the material in a licensed solid waste disposal facility. It shall be the responsibility of the owner to keep records needed to document and otherwise comply with State and local regulations.

(B) Recyclable material. Where recyclable materials are privately collected, it shall be the responsibility of the collector to properly deliver the materials to a recycling processing facility or end user of recyclables and to keep all records as needed to document and otherwise comply with State and local regulations. Records must be made available to the Department upon request.

(Code 1977, § 10.08(7); Ord. No. 2011-5, § 4, 4-6-2011)

SEC. 12-15 Non-Resident Refuse Disposal Prohibited.

(A) No person residing outside the City limits shall bring into the City for disposal any garbage, rubbish or other items of a combustible or noncombustible nature.

(B) Any person violating the provisions of this Section shall be assessed the actual costs incurred by the City for proper disposal together with an administrative charge. The imposition and collection of any forfeiture prescribed by this Chapter shall not bar the right of the City to collect the costs of disposal as herein provided.

SEC. 12-16 Inspection Authority.

For the purpose of ascertaining compliance with the provisions of this ordinance, any authorized officer, employee or representative of the City of Neenah may inspect recyclable materials separated for recycling, post-consumer waste intended for disposal, recycling collection sites and facilities, collection vehicles, collection areas of multiple family dwellings and non-residential facilities and properties, and any records relating to recycling activities which shall be kept confidential when necessary to protect proprietary information. No person may refuse access to any authorized officer, employee, or representative of the City of Neenah who requests access for purposes of inspection, and who presents appropriate credentials. No person may obstruct, hamper, or interfere with such an inspection.

SEC. 12-17 Dumping Grounds Regulations.

The Police Department, through its Chief, and the Public Works Department, through its Director, acting in concert, shall regulate the dumping, depositing, or placing of trash, brush, yard waste, or any other solid waste or recyclables on and within any land or place within the City. Any land or place designated as dumping grounds, or drop off site for any material including recyclables shall be published by the erection of signs in conspicuous places on such grounds, containing suitable instructions to the public.

SEC. 12-18 Enforcement.

Violations of this section shall be specifically enforceable according to the provisions of Section 1-7 of the City Code. Any authorized officer, employee or representative of the City may inspect recyclable materials separated for recycling, post-consumer waste intended for disposal, collection sites and facilities, collection vehicles, collection areas of multiple-family dwellings

and nonresidential facilities and properties, solid waste disposal facilities and solid waste treatment facilities, and any records relating to recycling activities for the purpose of ascertaining compliance with the provisions of this article. No person may refuse access to any authorized officer, employee or authorized representative of the City who requests access for purposes of inspection, and who presents appropriate credentials. No person may obstruct, hamper or interfere with such an inspection.

(Code 1977, § 10.08(8))

Section 2. Severability. In the event any section, subsection, clause, phrase or portion of this ordinance is for any reason held illegal, invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remainder of this ordinance. It is the legislative intent of the Common Council that this ordinance would have been adopted if such illegal provision had not been included or any illegal application had not been made.

Section 3. Repeal and Effective Date. All ordinances or parts of ordinances and resolutions in conflict herewith are hereby repealed. This ordinance shall take effect from and after its passage and publication.

Moved by:

Adopted:

Published:

Approved:

Dean R. Kaufert, Mayor Attest:

Patricia A. Sturn, City ClerkTHIS INSTRUMENT WAS DRAFTED BY: City Attorney James G. Godlewski 211 Walnut Street Neenah, WI 54956 State Bar No. 1005210

F:\CLERK\WPDATA\PSSC\Licenses to PSSC\180911 Licenses.docx

Public Services & Safety Committee September 11, 2018

BEVERAGE OPERATOR LICENSE APPLICATIONS:

New or Renewal Last Name, First, M.I. Municipality Place of BusinessNew Pierce, Claudia R. Appleton Bridgewood Resort HotelNew Wilson, David C. Neenah Ground Round

LIQUOR LICENSE REVIEW SUBCOMMITTEE

Applicant Trade Name Address of Business Agent Type of LicenseBLB

Charctails, LLC Town Council Kitchenand Bar

133 W. Wisconsin Ave Sean Hathaway-Casey BLB (Regular)Currently hold Reserve BLB

The WobblyPainter, LLC

The Wobbly Painter, LLC 112 E. Bell St Mark R. Engel BLB (Regular)Currently hold Reserve BLB

Minutes of the Liquor Licensing Review Subcommitteeof the Public Services & Safety Committee

Tuesday, August 28, 2018 – 5:30 p.m.Hauser Room

MEMBERS PRESENT: Police Chief Olson, Assistant Fire Chief Green, City AttorneyGodlewski, Director of Community Development & Assessment Haese, City Clerk Sturn,Deputy Clerk Goffard and Alderman Bates. Alderman Stevenson was excused.

ALSO PRESENT: Mayor Kaufert, Jonathan Horan and Sean Hathaway-Caseyrepresenting Town Council Kitchen & Bar.

Alderman Bates called the meeting to order at 5:36 p.m.

Nomination of a Chairman: City Attorney Godlewski asked for the nomination of onemember to act as Chairman to the Liquor Licensing Review Subcommittee. MSGodlewski/Green to nominate Alderman Bates as Chairman of the Liquor LicensingReview Subcommittee. MSC Godlewski/Olson to close nominations and cast aunanimous ballot to elect Alderman Bates as Chairman to the Liquor LicensingReview Subcommittee for a one year term to expire April 2019, all voting aye.

Nomination of a Vice Chairman: City Attorney Godlewski asked for the nomination of onemember to act as Vice Chairman to the Liquor Licensing Review Subcommittee. MSGodlewski/Green to nominate Alderman Stevenson as Vice Chairman to the LiquorLicensing Review Subcommittee. MSC Godlewski/Green to close nominations andcast a unanimous ballot to elect Alderman Stevenson as Vice Chairman to theLiquor Licensing Review Subcommittee for a one year term to expire April 2019, allvoting aye.

This committee will meet on call.

APPEARANCES: None.

NEW BUSINESS:

The Committee briefly reviewed Policy No. 2018-01 providing a procedure for determininghow scarce Class B licenses are awarded. Clerk Sturn advised that we currently have36 of our 38 quota of “Class B” Malt & Liquor Licenses issued. We also have 2 of our 10Reserve “Class B” Malt & Liquor Licenses issued. The two current Reserve licenseholders are seeking to obtain a Regular “Class B” license. Their Plan of Operation forAlcohol Beverage License Applications including a floor plan were provided to theCommittee.

Clerk Sturn stated that this subcommittee will meet on call when a new application for aliquor license is filed in the Clerk’s Office. Quotas were calculated and set using a formulaprovided by the Department of Revenue in 1997. After that quota was established, a

Liquor Licensing Review Subcommittee MinutesAugust 28, 2018Page 2 of 3

municipality may obtain one more reserve license for every 500 people increase in thepopulation. The quota for “Class B” liquor licenses in the City of Neenah is currently at38 Regular and 10 Reserves. Dir. Haese asked why there is a limit on the number of thelicenses that can be held by the city. City Atty. Godlewski advised that this was initiatedby the Tavern League. The Committee was advised that Lion’s Tail Brewery currentlyholds one of the city’s “Class B” liquor licenses. There is no quota on Class “B” beerlicenses. An “Above Quota” license can be issued only if a municipality has issued allavailable Regular and Reserve licenses. This license is limited to: a full service restaurantthat has a seating capacity of 300 or more persons; a hotel that has 50 or more rooms ofsleeping accommodations and that has an attached restaurant with seating capacity of150 or more persons or a banquet room in which banquets attended by 400 or morepersons may beheld; or an opera house or theater for the performing arts operated by anon-profit organization.

Dir. Haese stated that both the Town Council and Wobbly Painter did apply for andreceived their $10,000 Reserve License fee back through the economic developmentgrant process. Reserve licenses stay with the business and cannot be used by the nextbusiness owner without paying an additional $10,000. City Attorney Godlewski statedthat there are 9 parameters in the policy that should be considered in determining whetherto approve or deny the request to change from a reserve license to a regular license.

Without objection from the Committee Chairman Bates moved up consideration ofthe Regular Licenses Application for Town Council Kitchen & Bar due to theowners being present.

The Committee reviewed the application by Charctails, LLC d/b/a Town Council Kitchen& Bar, 133 W. Wisconsin Avenue for one of the remaining “Class B” Malt & LiquorLicenses. Jonathan Horan and Sean Hathaway-Casey were present to answerquestions. The Committee reviewed the Plan of Operation including the floor plan. Theyinquired as to the years of management experience the owners have. Jonathan Horanfrom Town Council stated between himself and Sean Hathaway-Casey they have over20 years-experience in restaurant management. They employ six full-time and six part-time employees and can seat 45 customers. Clerk Sturn noted that they are only openduring the dinner hours and asked if they would expand into the lunch hour business. Mr.Horan said they have looked at that and expanding to include the lunch hour would involvemore time and most likely less profits. Police Chief Olson stated that he has no concernswith the police department. Typically they receive less calls from the downtown area andhave more issues with the bars outside the downtown area. Assistant Fire Chief Greenmentioned that there were no issues with ventilation which could create a fire hazard.MSC Haese/Godlewski to recommend the Public Services & Safety Committeeapprove the regular liquor license application for Town Council Kitchen & Bar, 133W. Wisconsin Avenue, as they meet the criteria stated in Policy 2018-01, all votingaye.

Mayor Kaufert entered the meeting.

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Liquor Licensing Review Subcommittee MinutesAugust 28, 2018Page 3 of 3

The Committee reviewed the application by the Wobbly Painter, LLC, d/b/a the WobblyPainter, 112 E. Bell Street, for one of the remaining “Class B” Malt & Liquor Licenses.There was no representative present for the Wobbly Painter. The Committee reviewedtheir Plan of Operation including the floor plan. Zoning, traffic impact and parking for thisestablishment meet the parameters of the policy. Both Police and Fire indicated thereare no concerns with this establishment. Dir. Haese raised concern over the economicimpact the business has on the City. With no representative present, the Committeecould not question the management experience of the owner / operator of theestablishment.

MSC Godlewski/Olson to recommend the Public Services & Safety Committeedeny the regular liquor license application for the Wobbly Painter, 112 E. BellStreet, as they did not sufficiently meet the criteria as stated in Policy 2018-01 foreconomic impact to the city, all voting aye.

Mayor Kaufert advised the Committee that there is a new brewery moving in on S.Commercial that may be applying for a “Class B” Liquor License in the near future.

MSC Godlewski/Olson to adjourn at 6:26 p.m., all voting aye.

Respectfully Submitted,

Laurie L. GoffardDeputy Clerk

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Neenah WISCONSIN Neenah WISCONSIN

Department of Public Works 211 Walnut St. P.O. Box 426 Neenah WI 54957-0426

Phone 920-886-6241 e-mail: [email protected]

GERRY KAISER, P.E. DIRECTOR OF PUBLIC WORKS

M E M O R A N D U M


TO: Mayor Kaufert, and Members of the Public Services and Safety Committee

FROM: Gerry Kaiser, Director of Public Works

RE: Public Works General Activity

1) Contract 8-17 (Commerce Court Pond) – Work is complete. A final estimate is being prepared.

2) Contract 1-18 (Andrew, Richard, Geiger, Whiting) – Work is complete. Final clean-up needs to be completed. A final estimate is being prepared.

3) Contract 2-18 (Cecil, Adams) – Utility installation and roadway excavation is complete on Adams. Paving will start the week of September 10. Utility work on Cecil is ongoing. Storm sewer work is being completed. Sewer and Water lateral work east of Birch will be done after safe water testing is complete.

4) Contract 3-18 (Nature Trails/Eaglecrest) – The contractor has divided the work into three phases. Phase 1 is Kingswood, Remington Rd, Paintbrush, Shootingstar, and Lone Oak. Phase 2 is Whispering Pines, Pondview and the west piece of Nature Trail. Phase 3 is Remington Ct and the east piece of Nature Trail.

a) Phase 1: Work is complete. Staff is following up on landscaping concerns.

b) Phase 2: Work is complete.

c) Phase 3: Paving is scheduled for the week of September 10. Landscaping will be completed once paving is done.

5) Contract 4-18 (Epoxy Pavement Marking) – Work is about 80% complete. The remaining work in the contract is awaiting completion of pavement maintenance treatments on Harrison Street.

6) Contract 5-18 (Misc. Concrete Sidewalk/Pavement Repair) – The contractor is planning to start work the week of September 10.

7) Contract 7-18 (HMA Pavement Repair) – Bids were opened on September 7. Two bids were received. An award recommendation will be taken to the next Board of Public Works meeting.

8) Automated Refuse/Recycling Collection – Cart selection surveys are due on September 14. Staff has been working through some addressing issues that have resulted in cards not being sent to the correct individual. Staff is finalizing a flyer to be delivered to each customer with their carts. This will include a new collection map showing the two recycling zones in each collection area.

9) Sanitary Sewer Overflows – The heavy rains of August 28 and September 4 resulted in sanitary sewer overflows. These were our first overflows since 2016. WDNR was notified. Public notification was also done.

10) Wisconsin Avenue Alley Storm Sewer – After the rain event of August 26-28, we had a contractor attempt to televise the storm sewer located behind the buildings fronting the south side of W. Wisconsin Avenue. He encountered debris in the flow line in one location west of Church Street and another location east of Church Street. In addition, there appeared to be damage to one of the catch basin structures. We’ve arranged for a contractor to come in the week of September 10 to clear the debris in the storm line and allow us to continue televising so that we can get the full scope of its condition.