FINAL

City of Neenah COMMON COUNCIL AGENDA

Wednesday, November 16, 2016 - 7:00 p.m. Neenah City Hall

Council Chambers

I. Roll Call and Pledge of Allegiance. II. Introduction and Confirmation of Mayor’s Appointment(s). (None) III. Approval of Committee of the Whole minutes of October 31, 2016, November 2, 7 & 9, 2016.

(Minutes can be found on the City web site) (RollCall-Pro) CONTINUED DISCUSSION ON THE 2017 BUDGET/PUBLIC HEARING – (If not adopted at the November 15, 2016 Budget Public Hearing):

Public Hearing on the Proposed 2017 Operating Budget and 2017 Capital Improvements Program Budget.

Discussion and Consideration of Public Hearing and Other Matters Relating to the Recommended 2017 Operating Budget and 2017 Capital Improvements Program Budget.

Consideration of Resolution No. 2016-29 authorizing use of carry-over tax levy authority under Wis. Stat. §66.0602(3)(f)1 for the 2017 tax levy funding the 2017 City Operating Budget. (2) (RollCall Pro)

Consideration of Resolution No. 2015-30 adopting the 2017 Operating Budget and 2017 Capital Improvements Program Budget for the City of Neenah. (3) (RollCall Pro)

Such Other 2017 Budget Matters as Legally Come Before the Council. IV. Public Hearing.

A. Consider rezoning land located at 120 N. Lake Street from the I-2, General Industrial District to the C-1, General Commercial District.

V. Plan Commission report pertaining to the public hearing.

A. Plan Commission meeting of November 8, 2016: (Ald. Lang) (Minutes can be found on the City web site) 1. Commission recommends Council approve Ordinance 2016-16, rezoning

subject area from I-2, General Industrial District to the C-1, General Commercial District. (Ordinance to follow)

VI. Consideration of ordinances pertaining to the public hearing.

A. Ordinance No. 2016-16 rezoning 1.44 Acres of land located at 120 N. Lake Street from I-2, General Commercial District to the C-1, General Commercial District. (RollCall-Pro)

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

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

Council Agenda November 16, 2016 Page 2 of 3

IX. Mayor/Council consideration of public forum issues. X. Consent Agenda. (None) XI. Reports of standing committees and consideration thereof.

A. Regular Public Services and Safety Committee meeting of November 8, 2016: (Cancelled)

B. Regular Finance and Personnel Committee meeting of November 7, 2016: (Cancelled)

XII. Reports of special committees and liaisons and various special projects committees and consideration thereof. A. Regular Plan Commission meeting of November 8, 2016: No Report B. Board of Public Works meeting of November 7, 2016: (Vice Chairman Hillstrom)

(Minutes can be found on the City web site) 1. Information Only Items:

a) The Board approved Pay Estimate No. 8 for Contract 1-16 Miscellaneous Sewer and Water Main Construction and Street Construction on Franklin Avenue, Columbian Avenue, Oak Street, Higgins Avenue, Division Street, Henry Street, Lincoln Street, Meade Street and Maple Street to Van Straten Construction Co., Inc., Green Bay in the amount of $152,896.24 (revised from the agenda amount of $214,467.74.in order to keep the payment within the approved contract amount. The increase represented in the agenda are legitimate project expenses that will be addressed through a change order).

b) The Board approved Pay Estimate No. 2 for Contract 4-16 Concrete Pavement and Sidewalk Repair to Fischer Ulman Construction, Appleton, for $41,219.08.

C. Community Development Authority Update 1. Update from the CDA – Chris Haese

D. Sustainable Neenah Committee 1. Report from the Sustainable Neenah Committee – Ald. Kunz

E. Library Board 1. Report from the Library Board – Ald. Erickson

XIII. Presentation of ordinances and resolutions and consideration thereof. (None)

A. Ordinance No. 2016-15 annexing – 1.38 Acres of land along County Road JJ – Mark J. Cummings Revocable Trust, owned property to the City of Neenah. 1. Motion to Reconsider Ordinance 2016-15 to allow Council review of Dept. of

Administration advice on annexation issued pursuant to Wis. Stat. §66.0217(6)(a).

2. Council review of Letter Dated November 2, 2016 from the Dept. of Administration.

3. Final a on Ordinance No. 2016-15. (RollCall-Pro)

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

Council Agenda November 16, 2016 Page 3 of 3

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

A. Mayor Kaufert’s appointments to fill the expired terms of Joshua Smith, Umer Sheikh, Grant Birtch, Gina Louis and Michelle Bauer on the Business Improvement District (BID) Board, terms to expire December 2019. (To be considered at the December 7, 2016 Council meeting)

B. Mayor Kaufert’s appointments to fill the expired terms of Lee Hillstrom, Judy Zaretzke and Jim Vedder on the Park & Recreation Commission, new terms expire December 2019. (To be considered at the December 7, 2016 Council meeting)

C. Mayor Kaufert’s appointment to fill the expired term of Tim Hamblin on the N-M Sewerage Commission, term expires December 31, 2019. (To be considered at the December 7, 2016 Council meeting)

D. Mayor Kaufert’s appointment to fill the expired terms of Olivia Witthun, Josh Preissner and Kent Powley on the Sustainable Neenah Committee, terms expire December 2019. (To be considered at the December 7, 2016 Council meeting)

E. Letter from Cy’s Asian Bistro, LLC requesting the Council extend the six month period of abandonment to allow them to renew their liquor license in 2017 in order to take care of their family and decide future operation of their business. (Motion to refer to the Public Services & Safety Committee) (RollCall-Pro)

F. Any announcements/questions that may legally come before the Council. G. The Council will convene into closed session pursuant to Wis. Stat. §19.85(1)(g) for

the purpose of conferring with legal counsel regarding the status of contract performance and developing strategy regarding the future of the contract for services relating to the Accela electronic agenda contract.

H. The Council will convene into closed session pursuant to Wis. Stat. §19.85(1)(g) for the purpose of conferring with legal counsel regarding developing litigation strategy for obtaining a refund for the cancelled Vision Government. Solutions Assessment Software Contract.

I. Adjournment

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

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

CITY OF NEENAH 2017 OPERATING AND CAPITAL IMPROVEMENTS BUDGET COMMITTEE OF THE WHOLE WORKSHOP/STUDY SESSION

Monday, October 31, 2016 - 6:00 p.m. Hauser Room, Neenah City Administration Building

MINUTES

Present: Aldermen Bates, Erickson, Hillstrom, Kunz, Lendrum, Pollnow, Boyette and Stevenson; Mayor Kaufert, Director of Finance Easker. Also Present: Bergstrom-Mahler Museum representatives Jan Smith and Alan Westby, Municipal Court Judge Gunz, Human Resources and Safety Director Barber, Library Director Raab, Deputy Library Director Hardina-Wilhelm, Information Systems Director Wenninger, Community Development Director Haese, various Shattuck Middle School students. Alderman Stevenson provided an overview of the workshop process. Public Comment: None. General Overview: Mayor Kaufert and Director Easker provided a summary and overview of the proposed 2017 Executive Budget. Items discussed included the following: The proposed tax levy and tax rate, a summary of the Mayor’s recommended changes to budget requests by departments, proposed new positions, property value growth, the calculation of the state Levy Limit and Expenditure Restraint Program (ERP), including potential adjustments proposed and the proposed capital spending and borrowing. Discussion took place on the following 2017 Executive Budget items: Bergstrom-Mahler Museum: Staff members Jan Smith and Alan Westby provided an overview of the 2017 Museum budget requests. Items discussed included the following: Review of a handout highlighting community involvement by the museum, the summary of specific improvements made to the museum in 2016 and highlights of 2016 exhibits. Municipal Court: Judge Gunz provided an overview of the 2017 Municipal Court budget requests. Items discussed included the following: The ongoing financial deficit in the court, Judge Gunz distributed a history of the number of citations for both Neenah and Menasha, the future use of a new state collection agency to enhance collections, truancy court and the potential of levying funds to offset the court deficit. Potential Budget Amendments (Clerical correction): Reduce Municipal Court - Special Reserves and Escrow (pg. 342) budget as follows: 0101 Salaries - is $1,550, reduce to $1,160 ($390 reduction) 0110 Health Insurance - is $810, reduce to $0 ($810 reduction)

Minutes of the Committee of the Whole Budget Workshop October 31, 2016 Page 2 0111 Fringes is $220 reduce to $170 ($50 reduction). Total reduction - $1,250. Potential Budget Amendments (Alderman Kunz): For any General Fund expenditure reductions above those needed for ERP, use those to levy funds for the Municipal Court deficit. Human Resources and Safety: Human Resources and Safety Director Barber provided an overview of the 2017 Human Resources and Safety budget requests. Items discussed included the following: The replacement of the part-time Safety Coordinator, the new employee on-boarding system, the use of CVMIC grants, the plans for wage increases for 2017 and the plans to set up an employee health clinic to reduce overall health care costs. Library: Library Director Raab provided an overview of the 2017 Library budget requests. Items discussed included the following: The high circulation rate at the Library, the expanded use of temp wages proposed in the budget, the cost per checkout, the WALS Winnefox budget, the annual Winnebago County capital contribution towards debt service, township citizen usage of the library and the proposed use of carryforward funds to purchase various capital items. Information Systems: Information Systems Director Wenninger provided an overview of the 2017 Information Systems budget requests. Items discussed included the following: The formula to charge I/S service back to individual departments and related transfers to the General Fund, the status of the City Hall door swipe security system, a discussion on live streaming committee and council meetings, the proposed ERP project, the proposed replacement of the utility billing system, the proposed IBM Cognos project and the proposed Aristotle Insight solution. Potential Budget Amendments (Director Wenninger): Reduce $250,000 for Enterprise Resource Planning (pg. 288) to a number yet to determined. Community Development: Community Development Director Haese provided an overview of the 2017 Community Development budget requests. Items discussed included the following: The status of the Nu-Park Parking system, extended discussion on the proposed Code Enforcement/Weights and Measures employee, downtown parking and the Mayor’s proposed subsidy to the Historical Society. Resource discussions included the request to consider charging for blasting permits. Potential Budget Amendments (Alderman Bates): Move proposed funding for Historical Society (pg. 179) to another budget location similar to funding for parades.

Minutes of the Committee of the Whole Budget Workshop October 31, 2016 Page 3 Landmarks/Sustainable Neenah: Items discussed included the following: No discussion. CDA/Y-Friends/Aging: Items discussed included the following: No discussion. Mass Transit/Dial-A-Ride: Items discussed included the following: The status and uses of the Dial-A-Ride program and new business connector route. Grant/Loan Programs: Items discussed included the following: Discussion on alternate uses of Small Business Loan Fund fund balance. B.I.D.: Items discussed included the following: No discussion. T.I.F. Projects: Items discussed included the following: TIF #7 – the proposed use of $133,000 of fund balance. TIF #8 – removing carry forward funds for the completed parking study and the status of Arrowhead Park future grant funding. TIF #9 – the proposed funding to purchase the existing junkyard adjacent to Hwy 41 for redevelopment. TIF #10 – proposed funding for strategic acquisition of warehouse property. TIF #11 – the fact that no work is proposed in 2017. Potential Budget Amendments (Alderman Pollnow): Remove $700,000 in TIF #9. for land assemblage (pg. 273). Redevelopment Fund: Items discussed included the following: No discussion. Other 2017 Budget Matters: None. Meeting adjourned at 11:15 p.m. Respectfully submitted,

Michael K. Easker, CPA Director of Finance

CITY OF NEENAH 2017 OPERATING AND CAPITAL IMPROVEMENTS BUDGET COMMITTEE OF THE WHOLE WORKSHOP/STUDY SESSION

Wednesday, November 2, 2016 – 5:15 p.m. Hauser Room, Neenah City Administration Building

Present: Aldermen Bates, Erickson, Hillstrom, Kunz, Lendrum, Pollnow, Boyette and Stevenson; Mayor Kaufert, Director of Finance Easker. Also Present: City Attorney Godlewski and numerous Shattuck Middle School students. Public Comment: None. Review Matters Relating to Prior Workshops: None discussed. Common Council: President Stevenson provided an overview of the 2017 Common Council budget requests. Items discussed included the following: The purchase for elected officials of iPads and the Accela software system in 2016, the status of Common Council salaries and the plans for conference attendance in 2017. Potential Budget Amendments (Alderman Bates): Remove $500 from 0204 Conferences and Meetings (pg. 68). Mayor: Mayor Kaufert provided an overview of the 2017 Mayor budget requests. Items discussed included the following: The cost and benefits of the proposed LEAN city-wide training program, the proposed new line item for Community Contributions and the potential for an electronic city newsletter. Legal and Administrative Services: City Attorney Godlewski provided an overview of the 2017 Legal and Administrative Services budget requests. Items discussed included the following: Lower cost for elections in 2017, external legal services, the duties of the paralegal position and the history of the Fox River Cleanup. Finance/Risk Management: Finance Director Easker provided an overview of the 2017 Finance/Risk Management budget requests. Items discussed included the following: An explanation of the property damage line item and the reasons for the decreased cost of property insurance. Revenue discussion included sale of properties revenue line and the potential sale of other unused city property, the reason for equipment rental rates for City equipment, the cost to the Water Utility to lease space at City Hall and investment earnings from the Water Utility. Specific request was again made to have a future discussion on the sale of unused city property.

Minutes of the Committee of the Whole Budget Workshop November 2, 2016 Page 2 Tax Refunds/Special Reserves and Escrow: Items discussed included the following: The breakdown of labor, health insurance and other cost reductions to city-wide budgets. Specific discussion took place on the impact of budgeting mid-year wage increase on future budgets and the need for additional funding for tax refunds. TIF (Non-Capital): Items discussed included the following: The history and future of the cash advances from the Debt Service Fund to TIF #6 and #8. Debt Service: Items discussed included the following: An explanation of G.O. debt and CDA lease revenue debt and the amount maturing in 2017 compared to the proposed borrowing. Discussion took place on increasing the debt levy and sanitary sewer and storm water fees to reduce future debt. Liability Ins./Benefit Accrual: Items discussed included the following: The status of the health insurance fund and the claims charged to the liability insurance fund. Other 2017 Budget Matters: None. Meeting adjourned at 7:00 p.m. Respectfully submitted,

Michael K. Easker, CPA Director of Finance

CITY OF NEENAH 2017 OPERATING AND CAPITAL IMPROVEMENTS BUDGET COMMITTEE OF THE WHOLE WORKSHOP/STUDY SESSION

Monday, November 7, 2016 - 6:00 p.m. Hauser Room, Neenah City Administration Building

MINUTES

Present: Aldermen Bates, Stevenson, Hillstrom, Kunz, Lendrum, Pollnow, Lang, Boyette and Erickson; Mayor Kaufert, Director of Finance Easker. Also Present: Parks and Recreation Director Kading, Parks Superintendent Fink, Recreation Superintendent Olson, Recreation Supervisor Kluge, Park and Recreation, Commission members Ted Galloway, Peter Kelly, Gary Lawell and Judy Zaretzke, Fire/Rescue Chief Kloehn, Fire/Rescue Deputy Chief Voss, Fire/Rescue Ass’t Chiefs Sipin and Green, Police Chief Wilkinson, Police Captains Gonzalez and Olson. Public Comment: None. Review Matters Relating to Prior Workshops: None. Discussion took place on the following 2017 Executive Budget items: Parks and Recreation: Parks and Recreation Director Kading provided an overview of the 2017 Parks and Recreation budget requests. Items discussed included the following: Review of the Cost Recovery Report, whether the department has sufficient staff to maintain both existing and proposed parks areas, natural gas cost projections and the increase in the cost of temporary wages for the municipal pool and the Park Arborist position. Capital items discussed included an extended discussion on the Washington Park project, including the basic work being done, if City staff could perform some of the work, the work planned for each of the four phases of the project, the plans for park and rec programming when the park is under construction and the $2.6 million overall projected cost. Other items discussed included the increased cost estimates for both the Castle Oak Park and Carpenter Preserve playground equipment and the benefits and increased cost of purchasing a 16’ vs. an 11’ mower. Potential Budget Amendments (Alderman Pollnow): Remove $815,000 for Phase 1 of the Washington Park Master Plan Development (pg. 285). Harbor Committee: Items discussed included the following: No discussion. Celebrations/Commemorations: Items discussed included the following: The potential shift of the historic funding of various activities and events from the Celebrations/Commemorations budget to the Mayor’s budget, including the proposed subsidy for the Historical Society.

Minutes of the Committee of the Whole Budget Workshop November 7, 2016 Page 2 Potential Budget Amendments (Alderman Bates): Move $1,500 for Historical Society subsidy (pg. 179) to Mayor’s Community Contribution budget line item (pg 75). Cemetery: Items discussed included the following: No discussion. Fire/Rescue: Fire Chief Kloehn provided an overview of the 2017 Fire budget requests. Items discussed in the operating budget included the following: Review of spreadsheet highlighting the differences between the budgets initially submitted by the Mayors of Neenah and Menasha, the subsequent agreed upon final budgets recommended by the Mayors and the specific budget amendments each City will need to make to reconcile to the agreed upon final budget amount. Discussion included the public relations line item, specifics on the staffing sheet, the Maintenance of Motor Vehicles line item, an explanation of the health insurance budget and the Public Safety Trust. Capital items discussed included planned fire equipment purchases, the plan to replace the 1994 SUV, the proposed delay in hydrant extensions, the purchase of dive suits and the burn building upgrade. Potential Budget Amendments: Amend various line items in the City of Neenah share of the Fire/Rescue budget with net reductions totaling $33,230. Emergency Government: Items discussed included the planned future table top exercise. Police/Parking: Police Chief Wilkinson provided an overview of the 2017 Police budget requests. Operating Budget Items discussed included the following: A potential increase of $10,000 in the grant overtime line item and the request for an additional officer (funded 4/1/17) and Evidence Room Clerk (not funded). Police Captain Gonzalez gave a presentation on the rationale and benefits of an additional police patrolman. Extended discussion took place on the request for the additional officer. Items discussed included possible non-union staff addition alternatives, the effect the new officer would have on overtime, call backup currently being experienced and the benefits additional staffing may have on citation revenue. Other items discussed included new software, the Maintenance of Buildings line item and the costs and benefits of having police provide car lockout services. Potential Budget Amendments (Kunz and Pollnow): Remove $62,730 from Police Operations Wages/Fringes for the new police patrolman (pg 111). Potential Budget Amendments (Pollnow) Add $20,000 to Police Operations Outside Services for a police staffing consulting study. (pg 111) Capital items discussed included the status of the lead remediation project, the proposed license plate reader, the 2016 budget items of batshields and FRED computer system, the proposed SCOUT remote radio alarm, the proposed Portable Remote

Minutes of the Committee of the Whole Budget Workshop November 7, 2016 Page 3 Video Surveillance System and the proposed partnership with Fire/Rescue for a joint training facility. Other Public Safety: Items discussed included the following: The outside services budget for the Police Commission. Other 2017 Budget Matters: None. Meeting adjourned at 10:00 p.m. Respectfully submitted,

Michael K. Easker, CPA Director of Finance

CITY OF NEENAH 2017 OPERATING AND CAPITAL IMPROVEMENTS BUDGET COMMITTEE OF THE WHOLE WORKSHOP/STUDY SESSION

Wednesday, November 9, 2016 – 6:00 p.m. Hauser Room, Neenah City Administration Building

Present: Aldermen Bates, Stevenson, Hillstrom, Kunz, Lendrum, Pollnow, Boyette, Lang and Erickson; Mayor Kaufert, Director of Finance Easker. Also Present: Director of Water Utility Taylor, Director of Public Works and Utilities Kaiser, Public Works Superintendent Freese, Tim and Megan Florek. Public Comment: Tim Florek discussed problems with the 2016 Franklin Street project and provided suggestions to improve accountability and communication. Review Matters Relating to Prior Workshops: None. Discussion took place on the following 2017 Executive Budget items: Water Utility: Water Utility Director Taylor provided an overview of the 2017 Water Utility budget request. Items discussed in the operating budget included the following: How revenue and expenses are tracking for 2016, detailing which operating expenses were previously budgeted as capital expenses, the reduction in debt service payments by approximately $300,000 starting in 2018, the status of rates and potential for rate increase based upon the utility’s rate of return, proposed expenses for the sludge lagoon and repainting a water tower, the effect of lower water use on expenses, options for replacement of water main lead and a discussion on the utility billing system and services. Water/Sanitary Sewer/Storm Water/Public Works Capital Projects: Director of Public Works and Utilities Kaiser and Director Taylor provided an overview of the 2017 Public Works related budget requests. Items discussed included the following: Extensive discussion took place on the various options and timing to reconstruct the street and utilities on Cecil Street from Henry to Congress, including costs, borrowing, the inconvenience to residents and school traffic of the various options, the street rating and the priority of the project compared to the Industrial Drive project. Other capital items discussed included the traffic signal video processor and cabinet replacement, the clock tower and potential funding for wetland land banking. Potential Budget Amendments (Alderman Bates): Add $7,000 for the traffic signal video processor and cabinet replacement (pg. 260). Municipal Building Operations: Director of Public Works and Utilities Kaiser provided an overview of the 2017 Public Works related budget requests. Items discussed included the following: Increase in outside services for building cleaning, the use of temp wages and the utility cost for the training center.

Minutes of the Common Council Budget Workshop November 9, 2016 Page 2 Public Works Operations: Director of Public Works and Utilities Kaiser provided an overview of the 2017 Public Works related budget requests. Items discussed included the following: Commercial dumpsters, provide drop-off site services on Sundays, changes to position titles within the department, increase in tipping fees, the uses for the Cecil Street Garage, replacement of street signs, the status of snow and ice materials, and Public Works sale of City property. Forestry (Right-of-Way): No discussion. Recycling: Director of Public Works and Utilities Kaiser provided an overview of the 2017 Public Works related budget requests. Items discussed included the following: The increase in State grant funding, no proposed increase to the recycling fee and waste oil recycling. Parking Utility: Items discussed included the following: The cost of the Nu Park system, the condition of the Canal Street Ramp and signage for night and weekend hours Fleet Maintenance: Items discussed included the following: The process used to determine pricing of service to departments and the Motor Pool Supplies line item. Public Works Facilities/Equipment: Director of Public Works and Utilities Kaiser provided an overview of the 2017 Public Works related budget requests. Items discussed for Facilities included the following: Future improvements to the Cecil Street garage and the Tullar Garage door projects. Items discussed for Equipment: The Executive Adjustment to fund only two of the following three items requested: Two pick-up trucks and one Hot Box and the potential use of the Hot Box to have internal staff do patching work for street and storm . Potential Budget Amendments (Alderman Pollnow): Increase the Capital Equipment – Public Works budget by $32,000 to purchase both pickup trucks and a Hot Box where funding was reduced by Executive Adjustment to purchase only two ( pg. 291) and decrease the Storm Water Capital – Pavement Repair by $30,000 ( pg. 296). Sanitary Sewer Utility: Items discussed included the following: Update on the Sanitary Sewer rate study and loss of user fees. Storm Water Utility: Items discussed included the following: Potential use of fund balance for various projects, changes to the operations wage line and questions on leaf pickup.

Minutes of the Common Council Budget Workshop November 9, 2016 Page 3 Other 2017 Budget Matters: None. Meeting adjourned at 10:00 p.m. Respectfully submitted,

Michael K. Easker, CPA Director of Finance

City of Neenah

Notice of Public Hearing

NOTICE IS HEREBY GIVEN that a public hearing will be held by the City of Neenah to consider rezoning land located at 120 N. Lake Street from the I-2, General Industrial District to the C-1, General Commercial District.

The property for which the rezoning is being requested is legally describes as follows:

Lot One (1), Certified Survey Map No. 6291 filed with the Office of the Register of Deeds for Winnebago County, Wisconsin, in Volume 1 on Page 6291, as Document No. 1483102, City of Neenah, Winnebago County, Wisconsin.

The hearing will be held at the City Administration Building, 211 Walnut Street, Neenah, Wisconsin.

Plan Commission Informal Hearing Tuesday, November 8, 2016 4:15 P.M. Hauser Room

Council Formal Hearing Wednesday, November 16, 2016 7:00 P.M. Council Chambers

NOTICE IS FURTHER GIVEN that applicant and interested persons may appear at said hearings and be heard for or against the proposed rezoning and/or subdivision variance.

Patricia Sturn City Clerk Neenah, Wisconsin

Publish: November 4 and November 7, 2016

211 Walnut Street Neenah, WI 54956

ORDINANCE NO. 2016-16 Introduced: November 16, 2016 Committee/Commission Action: RECOMMENDED FOR PASSAGE

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

Section 1. Section 26 of the Neenah Municipal Code of the City of Neenah pertaining to zoning districts, and the map therein described, is hereby amended by rezoning 1.44 acres of land located at 120 N. Lake Street from the I-2, General Industrial District to the C-1, General Commercial District. The property is further described as follows: Lot One (1), Certified Survey Map No. 6291 filed with the Office of the Register of Deeds for Winnebago County, Wisconsin, in Volume 1 on Page 6291, as Document No. 1483102, City of Neenah, Winnebago County, Wisconsin.

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.

AN ORDINANCE: By the Neenah Plan Commission Re: Rezoning 1.44 Acres of land located at 120 N.

Lake Street from I-2, General Commercial District to the C-1, General Commercial District.

Adopted: Published:

Approved: Dean R. Kaufert, Mayor Attest: Patricia Sturn, City Clerk

MINUTES OF THE NEENAH PLAN COMMISSION Tuesday, November 8, 2016

4:15 p.m.

Present:

Mayor Dean Kaufert, Chairperson- present Ald. Jane Lang- absent Kate Hancock-Cooke- present

Ald. Christopher Kunz- absent Karen Genett– present Gerry Kaiser, Director of Public Works– present

Nick Piergrossi, Vice Chairman- present Gerry Andrews– present

Also Present:

Community Development Deputy Director, Brad Schmidt

Community Development Administrative Assistant, Katie Osthelder

Community Development Director, Chris Haese

Bruce Levenhagen, 314 Parkwood Dr, Neenah

Steve Spence, Pastor at Mill City Church Brandon & Lisa Robak, 202 Edgewood Dr, Neenah

Paul Tadda, WE Energies Walter (Doc) Musekamp, WE Energies Julie Simmons, WE Energies

Renee Bowerman, WE Energies

Minutes: MSC Genett/Piergrossi, to approve the October 25, 2016 meeting minutes. All Aye. Public Appearances: None

Public Hearings: Rezoning – 120 N. Lake Street – I-2 to C-1

Steve Spence, Pastor of Mill City Church stated they have enjoyed tremendous growth at the current church located on Bell St. Formerly, the church was Victory Bible Assembly of God. Mr. Spence is a financial planner with US Bank with a long history of pastoral roles. Originally he had approached a church about “planting” a church in Neenah, however, he was offered the lead pastor role at the former Victory Bible Assembly of God Church, as their lead pastor was retiring. They chose to close the Victory Bible Assembly of God Church on January 1, 2015, and relaunched it as Mill City Church on September 13, 2015. There were 280 people at their first Sunday service, and just began offering 3 times of service on their one year anniversary because of the tremendous growth at the Church. Since February, they have been looking for alternatives due to the current space constraints, as they are using every square inch of the building located on Bell St. The church also has some form of ministry or activity going on every day of the week. Mr. Spence mentioned the majority of their members have come from a home and not from another Church, so they have been out of Church and need a fresh start. Therefore, they felt the best approach was to purchase an old building that needed new life. The other building they were looking at was located on Breezewood Ln, but that opportunity passed about the same time the subject property became available. Bruce Levenhagen, 314 Parkwood Dr – Mr. Levenhagen is associted with Cavalry Bible Church, but is in support of the Mill City Church’s request as they are doing a lot of good for the community members. Mr. Levenhagen stated at their current location there is no place to park and there is ministry happening almost every night, Woman’s ministry on Monday, Men’s Ministry on Saturday morning, Youth group Ministry on Thursday evenings, midweek service, all in addition to the Sunday services. There have been people asking Mr. Levenhagen what is going on in Neenah at the Mill City Church because it is growing, doing well, and helping so many. Action Items: Rezoning – 120 N. Lake Street – I-2 to C-1 (Ord. 2016-16)

Community Development Deputy Director, Brad Schmidt explained First State Bank, New London, submitted a request to rezone property located at 120 N Lake Street from the I-2, General Industrial District to the C-1, General Commercial District. The owner of the subject property has received an offer to purchase from Mill City Church (140 W. Bell St) subject to the property being rezoned to the C-1 District. The subject property is approximately 1.44 acres (63,734 sq ft) in size. The site was previously used as a commercial printing business. Deputy Director Schmidt also explained the Plan Commission’s role in reviewing a zoning change requires a determination of whether the proposal is consistant with the surrounding neighboorhood and exisitng uses. In this case, the Comprehensive Plan identifies the subject property as appropriate for future commrecial uses. The area north, south, and east of the subject site are identified as future commercial, while land to the east is identified as future Industrial. Mayor Kaufert asked if this property will then be removed from the tax roll. Deputy Director Schmidt confirmed church properties are tax exempt. MSC Kaiser/Genett. Plan Commission recommends Council approve Ordinance 2016-16, rezoning subject area from I-2, General Industrial District to the C-1, General Commercial District. All Aye.

Ord

. 2016

-16

Plan Commission Minutes November 8, 2016 Page 2

Site Plan Review – 120 N. Lake Street – Mill City Church

Community Development Deputy Director, Brad Schmidt explained Keller, Inc, on behalf of First State Bank (owner) and Mill City Church (potential buyer), has submitted a site plan for a proposed church located at 120 N Lake Street. The subject property is currently zoned I-2, General Industrial District. Churches/assembly uses are not permitted in the I-2 District. However, the property owner has submitted a request to rezone the property to C-1, General Commercial District. This request is conditioned upon Common Council rezoning the subject property to the C-1 District. Churches/assembly uses are prmitted in the C-1 District. The purpose of reviewing a site plan for a change of use of a property is to ensure that the development standards of the District, landscaping standards, and off-street parking standards are brought into conformance. In addition to the change of use, the site plan proposes to eliminate the existing truck loading dock on the south side of the building and replace it with a patio, add approximately 25 new parking spaces, and add additional green space along the north property line. Based on the change of use from a manufacturing use to a church/assembly use, several landscape standards shall be brought into compliance. Off-street parking is based on the number of seats within the main auditorium. The church is proposing a 200 seat auditorium, therefore requiring a minimum of 50 off-street parking spaces. If the west portion of the building increases the number of seats, appropriate off-street or off-site parking must be approved by the Community Development Department. Any changes to this site plan will require Plan Commission approval. Commissioner Genett stated she has noticed all the cars at Mill City Church on Bell St and when she first looked at the site plan doesn’t seem like there is enough parking to meet the current demand. Are there additional plans for additional off-street parking? Deputy Director Schmidt believes Mill City Church has plans for off-site parking because there is not much street parking in the area. However, the minimum standards are set per the ordinance. Commissioner Hancock-Cook stated there are area businesses with large parking lots that may not be utilized on Sunday that Mill City Church may be able to approach for additional parking. Mr. Spence, Mill City Church Pastor, explained they have approximately 125 volunteers each Sunday and among those are parking lot attendants. The Church has been talking to the dance studio and a business directly to the north has already verbally agreed to allow the Church to use their parking lot. However, since Mill City Church does not yet own the property no agreements have been signed. The church is aware of the potential danger of off-site parking with pedestrians possibly having to cross streets, however, they have very responsible volunteers who would be assigned to assist pedestrians in crossing the street. Also, at their Bell St site they have limited parking and the parking furthest away is used by staff, as they are the first ones at the Church, therefore, leaving the closer parking stalls open for the Church attendees. Commisisoner Piergrossi stated parking is important, and simply requiring minimum would be a bad choice for the committee, however, it is encouraging that the applicant has already been talking with the neighbors and having those initial discussions about parking. Commissioner Genett, offered the possibility of shuttling people from other off-site parking as well, as it seems there are others in the area that are struggling with parking availability. Mayor Kaufert stated just because the minimums are met, we should have anticipated that Mill City Church will need more than the minimum because of their current attendance at the Bell St location. Commissionr Hancock-Cook agreed we need to be proactive and as smart as we can, but she lives in the area of the Bell St location and has never seen a parking or congestion problem in the area. She agrees we need to be concerned with the miminums and getting the necessary parking, however she believes and trusts that will happen based on the initiative they have taken with their Bell St site. Mayor Kaufert asked if there were any plans for parking lot lighting. Deputy Director Schmidt explained there were no requests for that and if additional lighting is needed it would need to be reviewed. MSC Andrews/Kaiser. Plan Commission approved the site plan for 120 N. Lake Street subject to the following conditions:

1. The subject property must be rezoned from the I-2 District to the C-1 District prior to occupying the building.

2. Please submit a detailed landscape plan which meets the Bufferyard, Perimeter and Interior landscape standards.

3. Install signage at the driveways along Lake Street indicating the south driveway is for “Entrance Only” and the north driveway is for “Exit Only”. In addition, one-way arrows shall be included as part of the parking lot stripping plan.

All Aye.

Plan Commission Minutes November 8, 2016 Page 3

Site Plan Review – 1414 County Road JJ – WE Energies

Community Development Deputy Director, Brad Schmidt explained WE Energies submitted a site plan for an electrical sustation located at 1414 County Road JJ. The subject property is in the process of being annexed into the City from the Town. The size of the parcel is approximately 1.4 acres and includes an existing commercial building that would be demolished as part of this proposal. The parcel is zoned R-1, Single-Family Residence District. Utility substations are a permitted use in the R-1 District. The land surrounding the subject parcel is within the Town of Neenah, however, land directly east, west, and south are within the City’s growth area. The land directly east and west of the subject site includes single-family residences while land to the south is undeveloped agricultural land. The City’s Comprehensive Plan identifies the land east, west, and south of the subject site as future Low-Density Residential. The site plan includes plans for the placement of two transformers, an enclosed power distribution center (PDC), other miscellaneous electrical equipment, and a 77-foot lightning mast with antennas for substation control and monitoring. The 77 foot lightning mast exceeds the District’s maximum height requirement. A variance to the Distrist height requirements has been requested and will be reviewed at a later date. A 7.5’ tall secuirty fence will enclose the utility substation with a 12” barbed wire top. Only 0.5 acres of the 1.4 acre site will be enclosed with the fence while the remaining 0.9 acres will be landscaped and stay as green area. Security lighting will be included and a lighting plan has been submitted which meets the City’s standards. Commissioner Piergrossi asked if the lightning mast is similar in size to the one installed at the Breezewood Substation. Paul Tadda, WE Energies, explained the diameter might be close, however, the Breezewood one has multiple attachements that aren’t planned at the subject site. Mayor Kaufert asked if the trees would be maintained on the south end of the subject site. Deputy Director Schmidt stated it seems like WE Energies is doing the best they can to save as many trees as they can. Paul Tadda, WE Energies, stated they will have to take out some of the trees because they had to twist the site to keep the runoff on the site. Commissioner Hancock-Cook expressed general concern due to the finished substation on Bell St because she did not expect it to be as large as it is. She also asked if it was legally required to have the barbed wire fence. Doc Musekamp, WE Energies, stated he did not believe it was required by law, however, it is an industry standard. Public Works Director Kaiser asked when in the process the variance would be reviewed for the 77 foot lightning mast. Deputy Director Schmidt explained that meeting would be scheduled after this meeting was completed making sure the site plan was approved prior to applying for the variance. Mayor Kaufert asked to confirm that the 77 foot lightning mast is only intended to be used by WE Energies and no other organization. Mr. Tadda confirmed it is only for WE Energies use. MSC Genett/Kaiser. Plan Commission approved the Site Plan for 1414 County Road JJ subject to the following conditions:

1. A variance must be approved to allow the construction of the lightning mast to exceed 35 feet. 2. Obtain all necessary building permits prior to construction.

All Aye.

Announcements and future agenda items: Next Plan Commission meeting is scheduled for November 29, 2016.

Adjournment: The Commission adjourned its meeting at 5:08 P.M. MSC Kaiser/Genett. All Aye

Respectfully Submitted,

Katie Osthelder Administrative Assistant, Community Development

Minutes of the Board of Public Works Meeting Monday, November 7, 2016 – Noon

Hauser Room MEMBERS PRESENT: Mayor Kaufert, City Attorney Godlewski, Director of Finance Easker, Director of Public Works Kaiser and Aldermen Hillstrom & Bates. MEMBERS EXCUSED: Director of Community Development & Assessment Haese. Mayor Kaufert called the meeting to order at 12:00 p.m. MINUTES: MSC Hillstrom/Kaiser to approve the minutes from the October 11, 2016 Board of Public Works meeting, all voting aye. APPEARANCES: None. UNFINISHED BUSINESS: None. NEW BUSINESS: Public Works Department: Pay Estimate No. 8 for Contract 1-16: Director Kaiser requested approval of Pay Estimate No. 8 for Contract 1-16 Miscellaneous Sewer and Water Main Construction and Street Construction on Franklin Avenue, Columbian Avenue, Oak Street, Higgins Avenue, Division Street, Henry Street, Lincoln Street, Meade Street and Maple Street to Van Straten Construction Co., Inc., Green Bay in the amount of $152,896.24 (revised from the agenda amount of $214,467.74.in order to keep the payment within the approved contract amount. The increase represented in the agenda are legitimate project expenses that will be addressed through a change order). MSC Easker/Hillstrom to approve Pay Estimate No. 8 for Contract 1-16 Miscellaneous Sewer and Water Main Construction and Street Construction on Franklin Avenue, Columbian Avenue, Oak Street, Higgins Avenue, Division Street, Henry Street, Lincoln Street, Meade Street and Maple Street to Van Straten Construction Co., Inc., Green Bay in the amount of $152,896.24, all voting aye. Pay Estimate No. 2 for Contract 4-16: Director Kaiser requested approval of Pay Estimate No. 2 for Contract 4-16 Concrete Pavement and Sidewalk Repair to Fischer Ulman Construction, Appleton, for $41,219.08. MSC Kaiser/Bates to approve Pay Estimate No. 2 for Contract 4-16 Concrete Pavement and Sidewalk Repair to Fischer Ulman Construction, Appleton, for $41,219.08, all voting aye. MSC Bates/Hillstrom to adjourn at 12:14 p.m., all voting aye.

Respectfully Submitted,

James G. Godlewski City Attorney

211 Walnut Street Neenah, WI 54956

ORDINANCE NO. 2016-15 Introduced: November 2, 2016 Committee/Commission Action: RECOMMENDEDFOR PASSAGE

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

Section 1. Pursuant to Section 66.0217(2), Wis. Stats., the following described territory contiguous to the City of Neenah and presently in the Town of Neenah, be and the same hereby is, annexed to the City of Neenah, and the corporate limits of said City are hereby extended so as to include the following described property and shown on the attached Exhibit 1:

LOT ONE (1) OF CERTIFIED SURVEY MAP NO. 6057 FILED IN THE OFFICE OF THE REGISTER OF DEEDS FOR WINNEBAGO COUNTY, WISCONSIN VOLUME 1 OF CERTIFIED SURVEY MAPS ON PAGE 6057, AS DOCUMENT NO. 1429306, BEING PART OF THE SOUTHWEST ¼ OF THE NORTHEAST ¼ OF SECTION THIRTY-ONE (31), TOWNSHIP TWENTY (20) NORTH, RANGE SEVENTEEN (17) EAST, TOWN OF NEENAH, WINNEBAGO COUNTY, WISCONSIN. That said territory shall be zoned R-1, Single-Family Residential District.

Section 2. That the limits of the Third Aldermanic District in the City of Neenah are hereby extended in such manner as to include said territory.

Section 3. 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 5. 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 pub-lication.

AN ORDINANCE: By the Neenah Plan Commission Re: Annexing – 1.38 Acres of land along County

Road JJ – Mark J. Cumings Revocable Trust, owned property to the City of Neenah.

Adopted: November 2, 2016

Reconsidered: November 16, 2016

Final Passage:

Published:

Approved: Dean R. Kaufert, Mayor Attest: Patricia Sturn, City Clerk

Exhibit 1

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

STATUS OF COUNCIL DIRECTIVES ISSUED SINCE JULY 1, 1981

Date: November 16, 2016 Date of Directive: 12/18/2013

Item: Direct the Community Development Department to Engage the Parking Task Force, Public Works and Police Dept. and utilize budgeted dollars to hire a consultant to gain an outside and expert opinion to complete the following: Identify current parking dynamics including parking inventory, current agreements, needs, resources, behaviors and expectations and present those findings to the Public Services & Safety Committee prior to March 31, 2014; and utilize the consultant’s information to propose a comprehensive parking plan to address current competing needs for customers, employees and residents, developing expectations for all groups based on comparables and best practices, strategies to best utilize the city’s resources and solutions to acquire, maintain, and control an adequate parking inventory. In conjunction, propose a comprehensive parking plan to address current demands and encourage future downtown development including: proposed parking sites and facilities; financial implications and solutions; and timelines and stages. Both portions of the comprehensive parking plan will be presented to the Council prior to July 31, 2014. Responsible Party: Ald. Kunz Status: Pending

Date of Directive: 10/05/2016

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

Responsible Party: Ald. Pollnow

Status: Pending