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City of Neenah

COMMON COUNCIL AGENDA (1) Wednesday, September 6, 2017 - 7:00 p.m.

Neenah City Hall Council Chambers

I. Roll Call and Pledge of Allegiance. II. Introduction and Confirmation of Mayor’s Appointment(s). (None) III. Approval of Council Proceedings of August 16, 2017 regular session and Committee of the

Whole minutes of August 16, 2017. (Proceedings and Minutes can be found on the City web site) (RollCall-Pro) (2, 3 & 4)

IV. Public Hearings. (None)

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

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

VII. Mayor/Council consideration of public forum issues. VIII. Consent Agenda.

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

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

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

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

E. (RollCall-Pro) IX. Reports of standing committees and consideration thereof.

A. Special Public Services and Safety Committee meeting of August 29, 2017 (6:15 pm): (Chairman Bates) (Minutes can be found on the City web site) (5) 1. Committee recommends Council approve the purchase of a 2017 13-yard

Elgin Megawind from Bruce Municipal Equipment of Menomonee Falls for $257,647, minus a trade-in amount of $12,000, if the current unit is not sold on GovDeals.com, for a net price of $245,647 with funds coming from the 2017 capital equipment budget. (RollCall-Pro)

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2. Committee recommends Council approve the purchase of a Spaulding 4-ton hot box from Sherwin Industries, Inc. of Milwaukee for $41,257, minus a trade-in amount of $3,500 for a net price of $37,757, with the additional $5,757 needed to come from excess funds for 2017 Public Works capital equipment purchases. (RollCall-Pro)

3. Committee recommends Council approve the purchase of a 2018 4WD 1500 HD work truck from Bob Fish GMC of West Bend for $27,775 using the insurance payout of $26,908 with the additional $867 needed to come from excess funds for 2017 Public Works capital equipment purchases. (RollCall-Pro)

B. Regular Public Services and Safety Committee meeting of August 29, 2017 (7:00 pm): (Chairman Bates) (Minutes can be found on the City web site) No report. (6)

C. Regular Finance and Personnel Committee meeting of August 28, 2017: (Chairman Pollnow) (Minutes can be found on the City web site) (7) 1. Committee recommends Council approve Resolution No. 2017-21 repealing

and replacing the Community Development Department Planning and Zoning Fee Schedule to include the Tourist Housing Permit of $50, with an annual permit renewal required at no additional cost to the property owner. (8) (RollCall-Pro)

2. Committee recommends Council amend the 2017 TIF #9 Capital budget by $100,000 and to transfer reserve funds of up to $100,000 from TID #7 to TID #9 to fund the lighting of the recently completed Bergstrom Trail. (RollCall-Pro)

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

4. Committee recommends Council retain Credit Services of the Fox Valley, Inc. on a commission basis to assist in the collection of delinquent personal property taxes. (RollCall-Pro)

5. Committee recommends Council approve the claim of Mr. Alvin Long, Claim 17-9, for the revised amount of $6,698.17. (RollCall-Pro)

X. Reports of special committees and liaisons and various special projects committees and

consideration thereof. A. Regular Plan Commission meeting of August 29, 2017: (Cancelled) A. Neenah-Menasha Fire Rescue Joint Finance & Personnel Committee of August 22,

2017: (Minutes can be found on the City web site) (Vice Chairman Kunz) or (Council President Stevenson) (9) 1. Committee recommends the City of Neenah and City of Menasha Common

Councils approve NMFR’s 2018 Cost Distribution Formula with the City of Neenah’s weighted share at 59.56% and the City of Menasha’s weighted share at 40.44%. (RollCall-Pro)

1. Committee recommends the City of Neenah and City of Menasha Common Councils approve Hietpas Welding, Inc. for the steel decking upgrades at a cost not to exceed $22,765.00 and approve the building materials list to



enclose the 2nd floor of the training tower for a cost not to exceed $3,535.00 with construction to be completed by NMFR staff members for a grand total of $26,300. $17,500 of this project would be funded through the Neenah Police Department’s approved 2017 CIP budget and the remaining $8,800 would be funded through NMFR’s approved CIP budget. (RollCall-Pro)

B. Board of Public Works meeting of August 29, 2017: (Vice Chairman Hillstrom) (Minutes can be found on the City web site) (10) 1. Information Only Items:

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

C. Board of Public Works meeting of September 5, 2017: (Vice Chairman Hillstrom) (Minutes to be posted on the City web site following meeting) 1. Information Only Items:

a) The Board approved Change Order No. 3 for Contract 1-17 Miscellaneous Sewer and Water Main Construction and Street Construction on Cecil Street and Higgins Avenue to De Groot, Inc., Green Bay for $79,729.44.

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

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

d) Pay Request No. 3, Contract PR17-02 for Washington Park Improvements to R&R Wash Materials, Ripon for $76,077.32.

2. Council Action Items: a) None.

D. Landmarks Commission 1. Report from the Landmarks Commission – Alderman Lang

E. Reports on neighborhood groups. 1. Business Improvement District Board (BID Board) – Alderman Lang

F. Bergstrom Mahler Museum 1. Report from the Bergstrom Mahler Museum – Alderman Erickson

XI. Presentation of petitions.

A. Any other petition received by the City Clerk’s Office after distribution of the agenda. XII. Council Directives. (11) XIII. Unfinished Business. XIV. New Business.

A. Announcement: Neenah will be recognized as a monarch friendly city. Mayor Kaufert, on behalf of the city, took the National Wildlife Federation's Mayors' Monarch Pledge to shine a spotlight on the iconic species whose populations have



declined by 90% in the last 20 years and to raise awareness about monarch butterfly conservation in the City of Neenah. (Ald. Erickson)

B. Discussion on 2nd Council meeting in October. Do we want to change that meeting to Monday or Tuesday to allow Council members to attend Wednesday night events at the League of WI Municipalities Conference which is being held October 18th - 20th

in Appleton? C. Any announcements/questions that may legally come before the Council. D. The Council will convene in closed session pursuant to Wis. Stats. § 19.85(1) (e) for

the purpose of discussing a bargaining strategy related to the acquisition of property in the Gateway Redevelopment District.

E. The Committee will reconvene in open session to take action on matters discussed in closed session, if any.

XV. 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.”

Proceedings of the Common Council of the City of Neenah Wednesday, August 16, 2017 - 7:00 p.m.

The Common Council of the City of Neenah, Winnebago County, Wisconsin, met in regular session at 7:00 p.m., August 16, 2017 in the Council Chambers of Neenah City Hall. Mayor Kaufert in the chair. Present: Aldermen Boyette, Bates, Hillstrom, Lendrum, Erickson, Lang, Pollnow, Kunz & Stevenson, Director of Finance Easker, Director of Community Development & Assessment Haese, Director of Public Works Kaiser, City Attorney Godlewski and City Clerk Sturn. Also Present: Police Chief Wilkinson, Fire Chief Kloehn, Firefighter Adam Lemke and his family & friends, Police Officer Jason Fosler and his family & friends, several members of the NM Joint Fire Department and Neenah Police Department, Amy Michaels, City Financial Advisor Brad Viegut, Kasie Kamps and Ned Hughes. Mayor Kaufert called the meeting to order at 7:05 pm. Introduction and Confirmation of Mayor’s Appointment(s) I. MSCRP Pollnow/Erickson to confirm Mayor Kaufert’s appointment of Amy

Michaels on the Neenah Arts Council, term expires April 2019, all voting aye. Proceedings I. MSCRP Pollnow/Lendrum to approve the Council Proceedings of the

regular meeting of August 2, 2017 and Committee of the Whole minutes of July 19, 2017, all voting aye.

MSC Bates/Stevenson to amend the agenda to move up agenda items IX (B) (1) & (2) for consideration, all voting aye. Report from the Special Finance & Personnel Committee I. Ald. Pollnow reported the Special Finance & Personnel Committee meeting of

August 16, 2017: A. Committee recommends Council adopt Resolution No. 2017-23

Authorizing the Issuance and Sale of $1,350,000 General Obligation Refunding Bonds. MSCRP Pollnow/Erickson, all voting aye.

B. Committee recommends Council adopt Resolution No. 2017-24 Authorizing the Issuance and Sale of $835,000 Water Utility Revenue Refunding Bonds, Series 2017, of the City of Neenah, Winnebago County, Wisconsin, and Providing for the Payment of the Bonds and Other Details With Respect to the Bonds. MSCRP Pollnow/Erickson, all voting aye.

Council Proceedings August 16, 2017 Page 2 of 3 Consent Agenda I. MSCRP Pollnow/Hillstrom to approve the Consent Agenda as follows:

A. Approve Beverage Operator License Applications for: Cindy L. Hobbs, Jennifer M. Kane, Kathleen J. Kofnetka, Tanna J. Mayer, Leah M. McPheron, Kimberly A. Mosbacher, Robert A. Nelson, Keanan A.N. Nys, Nicholas D. Starosta, Shelly L. Van Patter and Simplicia D. Rodriquez contingent upon payment of any outstanding City or Utility fees. (PSSC)

B. Approve the Street Use Permit for the 24th Annual St. Joe’s 5K Run/Walk, sponsored by Pacesetters Running Club, Inc., Ned Hughes, P.O. Box 681, Menasha to be held on October 14, 2017. (PSSC)

C. All voting aye. Public Services and Safety Committee I. Chairman Bates reported the regular meeting of August 8, 2017:

A. Committee recommends Council approve the beverage operator license for Kasie Kamps with the condition that there be a one-year probationary period and direct City Attorney Godlewski to prepare a stipulated agreement defining the license conditions. MSCRP Bates/Lendrum, all voting aye.

B. Committee recommends Council approve the stipulated settlement with Lucky Dog’z with a change to clause 3 to extend the ban date to December 31, 2017. MSCRP Bates/Stevenson, all voting aye.

C. Committee recommends Council approve WE Energies request for easements to place a VFI cabinet near the maintenance building for Memorial Park. MSCRP Bates/Hillstrom, all voting aye.

Committee on Rules I. Chairman Pollnow reported the Committee on Rules meeting of August 2, 2017:

A. MSCRP Pollnow/Stevenson to adopt Resolution No. 2017-22 amending the Council Rules of Order to delete language relating to the procedure for calling special meetings and affirming the elimination of the 24 hour rule for providing minutes, all voting aye.

Board of Public Works I. Vice Chairman Hillstrom reported the meeting of August 10, 2017:

A. Council Action Items: 1. The Board recommends Council award Contract 6-17 Concrete

Pavement and Sidewalk Repair to the low bid from Al Dix Concrete, Kaukauna in the amount of $193,625.00. MSCRP Hillstrom/Pollnow, all voting aye.

Council Proceedings August 16, 2017 Page 3 of 3

2. The Board recommends Council award Contract 7-17 HMA Pavement Repair to the low bid MCC, Inc. in the amount of $137,765.76. MSCRP Hillstrom/Stevenson, all voting aye.

Adjournment I. MSC Pollnow/Stevenson to adjourn at 8:12 p.m., all voting aye.

Patricia A. Sturn, WCPC/MMC City Clerk

COMMON COUNCIL MINUTES Wednesday, August 16, 2017 - 7:00 p.m.

The Common Council of the City of Neenah, Winnebago County, Wisconsin, met in regular session at 7:00 p.m., August 16, 2017 in the Council Chambers of Neenah City Hall. Mayor Kaufert in the chair. Present: Aldermen Boyette, Bates, Hillstrom, Lendrum, Erickson, Lang, Pollnow, Kunz & Stevenson, Director of Finance Easker, Director of Community Development & Assessment Haese, Director of Public Works Kaiser, City Attorney Godlewski and City Clerk Sturn. Also Present: Police Chief Wilkinson, Fire Chief Kloehn, Firefighter Adam Lemke and his family & friends, Police Officer Jason Fosler and his family & friends, several members of the NM Joint Fire Department and Neenah Police Department, Amy Michaels, City Financial Advisor Brad Viegut, Kasie Kamps and Ned Hughes. Mayor Kaufert called the meeting to order at 7:05 pm. Clerk Sturn called a voice roll call as the Mayor/Aldermen recorded their attendance in the RollCall-Pro System followed by the Pledge of Allegiance. Swearing In Ceremony for New Firefighter I. Fire Chief Kloehn introduced newly hired firefighter Adam Lemke. Adam started

at FVTC in 2011 and in January 2013 became an intern at NMFR. Adam graduated in May 2013 and was hired by the Appleton International Airport in 2014. He continued to work there until he received the call to become a firefighter for NMFR. Adam enjoys hunting, fishing and outdoor activities. Adam is joined by his mother and father, Pete & Linda, his sister, Leah and his fiancé Brianna. Clerk Sturn administered the oath of office to Adam. Adam’s fiancé Brianna pinned on his badge. Chief Kloehn welcomed Adam to the NM Fire Rescue family. A. Adam thanked the cities of Neenah & Menasha and the NMFR for this

opportunity. He thanked his family and fiancé Brianne for their support. He also thanked the members of NMFR that came out tonight for his swearing in.

Swearing in of New Police Officer I. Police Chief Wilkinson introduced newly hired Police Officer Jason Fosler.

Jason is joined by his father Mark and mother Kay, his mother-in-law Sharon Derr, his wife Jaclyn and children Jordan and Josh. Jason grew up in the Dane County area and attended UW Oshkosh during which time he played 4 years of baseball. In 2011 he began working with the Winnebago County Sheriff’s Department, first in the jail and then on to patrol. Jason come to use with significant patrol experience which is something we have not hire lately. When he finished training and goes to his shift, he will probably be the most seasoned

Council Minutes August 16, 2017 Page 2 of 8

officer on that shift of officers. Jason & Jaclyn have lived in Neenah for the past 5 years and are happy to join the Neenah Police Department. Clerk Sturn swore Jason in as his son Josh held the bible. Chaplin John Krueger from Theda Care blessed Jason’s badge. Jason’s wife Jaclyn pinned on his badge. Chief Wilkinson welcomed Officer Fosler as members of the Neenah Police Department. A. Jason thanked everyone for placing their trust in him to uphold the laws in

the city. He is excited to make the Neenah Police Department his new home and will do his best to set forth the values instilled in him while serving the City of Neenah.

B. Council President Stevenson welcomed Jason, another UW Oshkosh graduate, to our staff.

C. Mayor Kaufert thanked police department staff/officers and NMFR staff/firefighters for showing their support and attending these swearing in ceremonies. He welcomed the Jason and Adam to the City of Neenah and wished them well.

Introduction and Confirmation of Mayor’s Appointment(s) I. Mayor Kaufert introduced Amy Michaels his recommended appointee to the

Neenah Arts Council. A. MSCRP Pollnow/Erickson to confirm Mayor Kaufert’s appointment of

Amy Michaels on the Neenah Arts Council, term expires April 2019, all voting aye.

B. Amy Michaels introduced herself indicating she has taught art in Neenah for 27 years. She looks forward to being a part of this committee and is excited for the possibilities the committee can bring to this community as well as the school district.

C. City Clerk Sturn administered the oath to Amy Michaels. Proceedings I. MSCRP Pollnow/Lendrum to approve the Council Proceedings of the

regular meeting of August 2, 2017 and Committee of the Whole minutes of July 19, 2017, all voting aye.

Ald. Kunz expressed concern over amending the agenda without asking if people in the audience were present to speak at the public forum. Mayor Kaufert asked if anyone wishes to speak in the public forum. There being no speakers for the public forum, MSC Bates/Stevenson to amend the agenda to move up agenda items IX (B) (1) & (2) for consideration, all voting aye. Report from the Special Finance & Personnel Committee I. Ald. Pollnow reported the Special Finance & Personnel Committee meeting of

August 16, 2017:


A. Committee recommends Council adopt Resolution No. 2017-23 Authorizing the Issuance and Sale of $1,350,000 General Obligation Refunding Bonds. MSCRP Pollnow/Erickson, all voting aye.

B. Committee recommends Council adopt Resolution No. 2017-24 Authorizing the Issuance and Sale of $835,000 Water Utility Revenue Refunding Bonds, Series 2017, of the City of Neenah, Winnebago County, Wisconsin, and Providing for the Payment of the Bonds and Other Details With Respect to the Bonds. MS Pollnow/Erickson. 1. Ald. Lendrum questioned the phrase on page 11, “We consider

Neenah’s economy weak”. 2. City Financial Advisor Brad Viegut advised that Ald. Lendrum is

referencing a report written by an independent agency who assigns ratings to the credit quality of the city’s bonds. This report specifically is in relationship to the general obligation debt. Standard and Poor’s looks at several rating criteria in assigning a bond rating. One is the economy and other criteria has to do with management & governance of the city, finances and debt. They take a lot of information and boil it down to the 6 bullet points found on page 11. Their analytics primary has to do with the income levels of the residents in the city. The income levels of the residents of Neenah is approximately 107% for the US average and is categorized as weak by Standard & Poor’s. They also indicated the economy is weak. On the other categories, it is much more positive. They talk about strong management, good financial policies, strong budgetary performance, very strong budgetary flexibility and very strong liquidity.

3. Ald. Lendrum questioned the comment regarding weak debt and contingent liability position listed along with those positives.

4. City Financial Advisor Brad Viegut indicated there are mitigating factors especially to the debt characterization. For example, there are TIF revenues that will be applied to a portion of the debt payments. Standard & Poor’s does not take that into consideration when assigning these categories. That could be a weakness in his opinion.

5. Dir. Easker advised that the categories they have are weak, adequate and good. For as long as he can remember, Neenah has had an adequate economy in the eyes of the rating agencies. He and Brad have had discussions regarding how the City of Neenah has moved from an adequate economy to weak economy. It is a thin razors edge that brought Neenah down. For instance, the projected per capita effective buying income for the City of Neenah is at 107.3% of the national level. This means we are higher than the national level. Their analytics say that 110% is the threshold. We use to be at 112% to 113%. Once we moved just below that threshold we automatically fall to the weak category even though essentially very little has changed. We could bump up to 111% next year and the rating would go back up to adequate. It should be understood that going from an adequate to weak economy did not


affect the City’s AA bond rating which is very strong. Also, the standard they use does not include the TIF income.

6. Dir. Pollnow indicated this is one of the better refinancing he has seen since he has been on the Council. The Water Utility refinancing is saving $65,000 per year.

7. Mayor Kaufert indicated Dir. Easker and Brad did a good job explaining this rating. There are a lot of good things in this report such as the AA Stable rating which is the 3rd highest rating; per capita market value increase of 3%; the city’s value is over $2 billion dollars; $49 million dollars of new construction in 2016; fund balance of 18%; and 88% of our debt is scheduled to be repaid in the next 10 years. It boggles him when they use the words, “weak economy”. Overall, the City is in a good position and this refinancing is saving a lot of dollars.

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

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

A. Approve Beverage Operator License Applications for: Cindy L. Hobbs, Jennifer M. Kane, Kathleen J. Kofnetka, Tanna J. Mayer, Leah M. McPheron, Kimberly A. Mosbacher, Robert A. Nelson, Keanan A.N. Nys, Nicholas D. Starosta, Shelly L. Van Patter and Simplicia D. Rodriquez contingent upon payment of any outstanding City or Utility fees. (PSSC)

B. Approve the Street Use Permit for the 24th Annual St. Joe’s 5K Run/Walk, sponsored by Pacesetters Running Club, Inc., Ned Hughes, P.O. Box 681, Menasha to be held on October 14, 2017. (PSSC)

C. All voting aye. Public Services and Safety Committee I. Chairman Bates reported the regular meeting of August 8, 2017:

A. Committee recommends Council approve the beverage operator license for Kasie Kamps with the condition that there be a one-year probationary period and direct City Attorney Godlewski to prepare a stipulated agreement defining the license conditions. MS Bates/Lendrum. 1. City Atty. Godlewski indicated he is currently working on the

stipulation. The license will not be issued until that stipulation is signed. The condition is she remain violation free for one year. If there is any violation in the course of that year, the license will be revoked automatically.



B. Committee recommends Council approve the stipulated settlement with Lucky Dog’z with a change to clause 3 to extend the ban date to December 31, 2017. MS Bates/Stevenson. 1. Ald. Bates questioned if future convictions could be used against

them when they renew their license. 2. City Atty. Godlewski clarified that if the convictions meet the

parameters they would be considered. 3. Ald. Pollnow questioned the extension of the ban date. 4. City Atty. Godlewski responded the Committee asked to extend the

ban date from October 15th to December 31st. The license holder agreed to that extension.

5. Ald. Kunz expressed concern over the lack of structure. We have no set parameters for retail licenses. We spend more time on the individual operator licenses than we do the establishments. He would prefer creating parameters to create a better structure for these establishment.

6. Ald. Bates advised that we do have a limited quantity of licenses. She sees this as a way to evaluate and decide if this will go in a good or bad direction.

7. City Atty. Godlewski advised that the notice drafted by Captain Olson reads, “We at Lucky Dog’z want our patrons to enjoy themselves responsibly while they are here. We also want them to be safe. To that end we believe the best way to keep everyone safe is to make sure we don’t over serve our patrons. It takes a whole community to take care of each other and includes our police department. We will continue our positive relationship with the Neenah Police as they help us keep everyone safe”.

8. Chief Wilkinson indicated it is important to them to develop a good relationship with the bars. There are bars that we never get called to but a lot of things happen there. It is their culture not to call the police. They want to make sure they have a culture with all the bars where they work cooperatively with the Police Department.

9. Ald. Kunz questioned our ability to take away a liquor license. 10. City Atty. Godlewski advised that a due process hearing would be

required for us to take away a license. We have had several due process hearings in the past few years.

11. Mayor Kaufert added that there is no clear list. We could come up with scenarios and there would be some we missed. Responsible bar owners know what they should be doing without needing a list. The Tavern League also provides tools to bar owners to educate them on being responsible.


C. Committee recommends Council approve WE Energies request for easements to place a VFI cabinet near the maintenance building for Memorial Park. MS Bates/Hillstrom.


1. Mayor Kaufert advised that Ald. Stevenson did a nice job of getting staff to look at alternatives for this and we came up with a good solution.

2. Ald. Stevenson advised that he found an area different from where the original easement request was that was less visible and accessible to the public with minimal cost ramifications to the utility. He gave kudos to staff for making that happen.

3. Ald. Lendrum thanked Council President Stevenson for noticing that and finding a less conspicuous place.

4. Motion carried, by a RollCall-Pro System vote, all voting aye.

Committee on Rules I. Chairman Pollnow reported the Committee on Rules meeting of August 2, 2017:

A. Committee recommends Council remove the last paragraph in Rule 1, “Special meetings may be called by the Mayor by written notice to each member delivered personally or left at his/her usual abode at least six hours before the meeting. Said notice shall state the purpose of the special meeting”.

B. Committee recommends Council reconfirm and remove Rule 9(f), “No action shall be taken upon the recommendations of any committee unless a copy of the minutes of such committee, setting forth such recommendations shall have been delivered to each member at least 24 hours before the meeting of the Council”

C. City Atty. Godlewski advised he would like these changes done in the form of a resolution. He has created Resolution No. 2017-22 amending the Council Rules of Order to delete language relating to the procedure for calling special meetings and affirming the elimination of the 24 hour rule for providing minute for review and adoption by the Council. MSCRP Pollnow/Stevenson to adopt Resolution No. 2017-22 amending the Council Rules of Order to delete language relating to the procedure for calling special meetings and affirming the elimination of the 24 hour rule for providing minutes, all voting aye.

Board of Public Works I. Vice Chairman Hillstrom reported the meeting of August 10, 2017:

A. Information Only Items: 1. The Board approved Pay Estimate No. 3 for Contract 3-17 Parking

Lot, Street and Trail Construction to Sommers Construction Company in the amount of $134,973.50.

2. The Board approved Pay Estimate No. 2 for Contract 4-17 Industrial Drive Concrete Street Rehabilitation to Sommers Construction, Inc. Shiocton in the amount of $84,063.75.

3. The Board approved Pay Request No. 2 for Contract PR17-02 Washington Park Improvements to R&R Wash Materials, Inc., Ripon in the amount of $94,281.62.


4. The Board approved Change Order No. 3 for Contract PR17-02 Washington Park Improvements to R&R Wash Materials, Inc., Ripon, in the amount of $4,050.00.

B. Council Action Items: 1. The Board recommends Council award Contract 6-17 Concrete

Pavement and Sidewalk Repair to the low bid from Al Dix Concrete, Kaukauna in the amount of $193,625.00. MS Hillstrom/Pollnow. a) Dir. Kaiser responded to Ald. Pollnow indicating the budget

for this project was $198,000. He confirmed for Ald. Stevenson that this is a unit contract.

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

2. The Board recommends Council award Contract 7-17 HMA Pavement Repair to the low bid MCC, Inc. in the amount of $137,765.76. MSCRP Hillstrom/Stevenson, all voting aye.

Library Board I. Ald. Erickson reported from the Library Board meeting of August 16, 2017:

A. The Library is wrapping up their Summer Youth Program. They extended it through August because of the demand.

B. The new fall program schedule is available. The schedule can be found at the Library or online.

C. She encouraged everyone to check out their website for available programming.

D. On September 11th the Library will hold a short story night at Lion’s Tail Brewery. Details are available on their website.

E. On Monday night, the Master Gardeners did a Monarch Garden Presentation at the Library. She encouraged everyone to visit their garden in front of the Library. It is designated as a Monarch watch garden and a million pollinator garden.

New Business I. Mayor Kaufert announced his appointment to fill the unexpired term of Herb Allen

on the Committee on Aging, term expires September 2018 will be made at the September 6, 2017 Council meeting.

II. Mayor Kaufert announced his appointment to fill the expired term of Robert Suess

on the Committee on Aging, term expires September 2020 will be made at the September 6, 2017 Council meeting.

III. Ald. Bates encouraged anyone watching that may be interested in serving on the Committee on Aging to contact the Clerk’s Office. It is one morning a month and provides valuable information to the elderly.

Council Minutes August 16, 2017 Page 8 of 8 IV. Ald. Kunz questioned the timing for the League of Wisconsin Municipalities

Conference Reservations. A. Clerk Sturn advised the Early Bird registration deadline is September 7th.

Aldermen would need to return their registration to the Clerk’s Office prior to the September 6th meeting so reservations can be made.

V. Mayor Kaufert thanked the Master Gardeners for their work on the garden in front

of the Library. It looks great, they do a good job. VI. Mayor Kaufert indicated the next Council meeting will be on September 6th. He

wished everyone a safe and happy Labor Day. Any alderperson interested in being a part of the parade should contact Council President Stevenson.

VII. The next quarterly City Newsletter will be out prior to our next meeting.

VIII. Ald. Lendrum promoted the Classic Car Show “Twisted Pistons Cruise In” to be held downtown Menasha tomorrow from 2-9 pm. She thanked Cranked Bike Studio for their support of this event.

Adjournment I. MSC Pollnow/Stevenson to adjourn at 8:12 p.m., all voting aye.

Patricia A. Sturn, WCPC/MMC City Clerk

Committee of the Whole Minutes Wednesday, August 16, 2017 – 6:00 p.m.

Council Chambers Purpose: Aldermen iPad Training. Present: Aldermen Boyette, Bates, Hillstrom, Lendrum, Erickson, Lang, Pollnow, Kunz, Stevenson and Mayor Kaufert. Also Present: City Attorney Godlewski, City Clerk Sturn, Director of Information Systems Wenninger and I/S Programmer/Analyst Tauscher. Council President Stevenson called the meeting to order at 6:12 p.m. iPad Training for Aldermen Director Wenninger briefly reviewed the process for aldermen to access the Council agenda electronically via their ipad. He and Programmer/Analyst Tauscher answered questions on accessing documents and email in MaaS360. Issues discussed were folders not rolling to the top for new postings, the search function does not seem to be working, trouble identifying files by the file name and email problems. Clerk Sturn indicated staff could come up with a uniform method for naming minutes and agendas. She also advised that staff recently met and moving forward, amended minutes and agendas will be named “amended, amended2, etc.” so they can be easily identified. The Committee expressed concern that staff has different ideas of what the aldermen see on their ipads. They suggested Dir. Wenninger take one of the aldermen’s ipad for one week to monitor messages they get to see if these issues could be worked out. Adjournment MSC Pollnow/Boyette to adjourn at 6:50 p.m., all voting aye.

Patricia A. Sturn, WCPC/MMC

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CITY OF NEENAHSPECIAL PUBLIC SERVICES AND SAFETY COMMITTEE MEETING MINUTES

Tuesday, August 29, 2017 - 6:15 PMHauser Room - City Administration Building

Present: Aldermen Bates, Hillstrom, Lang, Lendrum, and Stevenson

Also Present: Mayor Kaufert, Director of Public Works Kaiser, Superintendent Freese,Alderman Pollnow, Alex Wenzel

Minutes: Motion/Second/Carried Hillstrom/Lendrum to approve the minutes of theRegular Meeting of August 8, 2017. All voting aye.

Public Appearances: None.

Request to Purchase 2017 13-Yard Vacuum Truck: Committee reviewed quotes receivedfor a 2017 13-yard vacuum equipment and chassis. Staff recommends the purchase of anElgin Megawind from Bruce Municipal Equipment of Menomonee Falls for $257,567. Thebudgeted amount for the purchase is $280,000. Superintendent Freese noted that while thenet bid for the Elgin was about $11,000 higher than the bid for the Vac-All, the Elgin is beingrecommended after discussions with other municipalities running the equipment, acomparison of product warranties, and fleet staff input. He noted that the Vac-All uses asingle engine to run both the vehicle and the vacuum unit. This has caused issues for somecommunities. He also noted that there are common parts within the fleet for the Elgin.Superintendent Freese noted that the equipment is primarily used for catch basin cleaningand is also available for leaf collection. Committee discussed the development of equipmentspecifications, the budgeted cost split between the Storm Water Utility and Forestry/Leafcollection, and the trade-in allowance of the bids. Superintendent Freese noted thatspecialized equipment are posted on Govdeals.com and the trade-in value is applied if anadequate offer isn’t received.

Following discussion, Motion/Second/Carried Lang/Hillstrom to recommend Councilapprove the purchase of a 2017 13-yard Elgin Megawind from Bruce MunicipalEquipment of Menomonee Falls for $257,647, minus a trade-in amount of $12,000, ifthe current unit is not sold on GovDeals.com, for a net price of $245,647 with fundscoming from the 2017 capital equipment budget. All voting aye.

Request to Purchase a 4-Ton Oil Jacket Hot Box: Committee reviewed quotes received fora 4-ton oil jacket hot box. Staff recommends the purchase of a Spaulding hot box fromSherwin Industries, Inc. of Milwaukee for $41,257. The budgeted amount for this purchaseis $32,000. Superintendent Freese noted that public works crews are getting more involvedin asphalt patching so several features were added to the proposed equipment to allowcrews to do the work more effectively. Mayor Kaufert informed the Committee that he isencouraging the crews to do more patching to maintain better road conditions. Ald.Stevenson cautioned staff to be aware of manufacturer and distributor relationships.Committee discussed the trade-in. Superintendent Freese noted that staff was concernedwith an open sale of this equipment, given its condition, and are recommending that thetrade-in be accepted.

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Special Public Services and Safety Committee Meeting MinutesAugust 29, 2017Page 2

Following discussion, Motion/Second/Carried Hillstrom/Lendrum to recommendCouncil approve the purchase of a Spaulding 4-ton hot box from Sherwin Industries,Inc. of Milwaukee for $41,257, minus a trade-in amount of $3,500 for a net price of$37,757, with the additional $5,757 needed to come from excess funds for 2017 PublicWorks capital equipment purchases. All voting aye.

Request to Purchase a 2018 4WD 1500HD Work Truck: Committee reviewed quotesreceived for a 2018 4WD 1500 HD work truck. This truck replaces 2016 traffic truck totaledin a recent accident. Staff recommends the purchase of a 2018 GMC Sierra from Bob FishGMC of West Bend for $27,775. The insurance payout from the accident is $26,908.Superintendent Freese noted that the rack system that was built for the old truck will fit inthe new truck. Committee discussed the equipment specification.

Following discussion, Motion/Second/Carried Hillstrom/Lendrum to recommendCouncil approve the purchase of a 2018 4WD 1500 HD work truck from Bob Fish GMCof West Bend for $27,775 using the insurance payout of $26,908 with the additional$867 needed to come from excess funds for 2017 Public Works capital equipmentpurchases. All voting aye.

Licenses:Beverage Operator License Applications: The Committee reviewed the beverage operatorlicense applications for Amber L. Dillenburg, Cody M. Henson, Kelly I. Hollander, Daniel C.Krieg, Raymundo Medina Jr., Jamison Pierce, Shannon L. Sicairos, James A. Maguire, andSamantha R. Thao.

Following discussion, Motion/Second/Carried Lendrum/Hillstrom to recommendCouncil approve beverage operator license applications for Amber L. Dillenburg,Cody M. Henson, Kelly I. Hollander, Daniel C. Krieg, Raymundo Medina Jr., JamisonPierce, Shannon L. Sicairos, James A. Maguire, and Samantha R. Thao contingentupon payment of all outstanding City or Utility fees. All voting aye.

Temporary “Class B" Retail Beer/Wine License Application - CASA of the Fox Cities: TheCommittee reviewed the request for a temporary “Class B" retail beer/wine licenseapplication from CASA of the Fox Cities for their Lions’ Tail Oktoberfest event to be held onSeptember 22 & 23, 2017. Alex Wenzel, representing Lion’s Tail Brewery, reviewed theevent details and the event layout. He noted that they have applied for wine as well as beerfor this event. He noted that food trucks will be placed in the Chase Bank Parking Lot andconfirmed that he has received approval from the bank. He informed the Committee that hewould ask the Executive Director of CASA Fox Cities to provide the Committee withinformation on their work in Neenah.

Following discussion, Motion/Second/Carried Lang/Hillstrom to recommend Councilgrant a temporary “Class B" retail beer/wine license to CASA of the Fox Cities fortheir Lion’s Tail Oktoberfest to be held at 116 S. Commercial Street on September 22& 23, 2017. All voting aye.

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Temporary “Class B" Retail Wine License Application - Bergstrom-Mahler Museum: TheCommittee reviewed the request for a temporary “Class B" retail wine license applicationfrom Bergstrom-Mahler Museum for their Searching for Excellence Symposium to be heldon September 8 & 9, 2017.

Following discussion, Motion/Second/Carried Hillstrom/Stevenson to recommendCouncil grant a temporary “Class B" retail wine license to Bergstrom-Mahler Museumfor their Searching for Excellence Symposium to be held at 165 N. Park Avenue onSeptember 8 & 9, 2017. All voting aye.

Change of Agent/Trade Name - Ultimate Mart, LLC: The Committee reviewed the changeof agent/trade name for Ultimate Mart, LLC, d/b/a Pick N Save #6412 at 828 Fox Point Plaza.

Following discussion, Motion/Second/Carried Hillstrom/Lendrum to recommendCouncil approve the change of agent/trade name for Ultimate Mart LLC, d/b/a Pick NSave #6412, 828 Fox Point Plaza, Rodney Crow, agent. All voting aye.

Public Works General Construction and Department Activity:1. Contract 1-17 (Cecil St, Higgins Av) Work is complete. A final estimate is being

prepared.2. Contract 2-17 (Edward, Helen, Cleveland) Work is complete. A final estimate is being

prepared.3. Contract 3-17 (Main Street Lot, Bergstrom Rd Trail, Temple Lot, Whippoorwill,

Yorkshire)a. Main Street Parking Lot – Work is complete.b. Bergstrom Road Trail – Concrete paving is complete. The asphalt railroad crossing

needs to be placed. Landscaping work should be complete the week of Aug. 28.c. Temple Lot (Yellow Lot) – Work is complete.d. Whippoorwill Cir, Yorkshire Rd – Milling and excavation will start the week of

Aug.28. Director Kaiser noted that excavation had started on Whippoorwill Circleand that poor soils had been encountered, which will require extra excavation andgravel.

e. Cameron Way/Bridgewood Trail – Work will start after Whippoorwill and Yorkshire.4. Contract 4-17 (Industrial Drive Pavement Repair) – Work is complete. A final estimate

is being prepared.5. Contract 5-17 (Cecil Street Overpass Approaches) – Work is complete. A final estimate

is being prepared.6. Forest Manor Street Lighting – Light fixtures have been installed. Restoration remains

to be done.7. Contract 6-17 (Concrete Pavement/Sidewalk Repair) – A pre-construction meeting is

being held the week of Aug. 28.8. Contract 7-17 (Hot-Mix Asphalt Pavement Repair) – A pre-construction meeting is

being scheduled.

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Announcements/Future Agenda Items: Ald. Lendrum inquired as to the appropriate time todiscuss assessment charges for street and utility work. After discussion, Director Kaiserstated that he would provide the Council with a 5-year history of assessment costs.

Motion/Second/Carried Hillstrom/Lendrum to adjourn at 6:58 p.m. All voting aye.

Respectfully submitted,

Gerry KaiserDirector of Public Works

CITY OF NEENAHPUBLIC SERVICES AND SAFETY COMMITTEE MEETING MINUTES

Tuesday, August 29, 2017 - 7:00 PMHauser Room - City Administration Building

Present: Aldermen Bates, Hillstrom, Lang, Lendrum, and Stevenson

Also Present: Mayor Kaufert, City Attorney Godlewski, Director of Public Works Kaiser,Police Chief Wilkinson, Alderman Pollnow, Michelle Fair, Marlyne Williams, Tim Rudie, TreSwinford, Tara Swinford, Valerie Spaulding, Aaron Spaulding, Kevin Roepke, Sean Goffard

Appeal of Dangerous Animal Designation pursuant to Neenah Code §3-16 - Tara Swinford,609 Roosevelt Street: City Attorney Godlewski outlined the procedures to be followed forthe hearing. City Attorney Godlewski placed witnesses under oath as they were called totestify. The dangerous animal declaration was made following a bite incident involving thedog “Blaze”. Blaze is described as a male, black Boxer mix owned by Tara Swinford.

Chief Wilkinson reviewed the events leading to the Dangerous Animal declaration. OnJanuary 26, 2017, Blaze bit Marlyne Williams, the grandmother of the dog owner, while shewas kenneling the dog. That incident was reported and documented. Even though therewas an injury to Ms. Williams’ hand, he chose not declare the dog dangerous or potentiallydangerous because the act of kenneling could be seen as provocation. On May 7, 2017,Blaze bit Ms. Williams again. The victim received five stitches to an index finger. Thatdegree of injury meets the definition of substantial injury, which calls for a dangerous animaldeclaration.

Community Service Aide Kevin Roepke testified. He stated that he had responded to theJanuary bite incident. He did not recall taking photos and stated that he did not make contactwith the dog. He stated that he also responded to the May bite incident. He took photos ofthe bandaged wound when the victim reported to the Neenah Police Station. He did makecontact with the dog owner but was unsuccessful in taking a clear picture of the dog. ChiefWilkinson showed CSA Roepke pictures from the January incident and CSA Roepkerecalled taking the pictures of the victim’s wound. He stated that outside medical treatmentwas not sought in that case. Chief Wilkinson entered photos from the January and May biteincidents into the record. CSA Roepke noted that he spoke with the owner and victim afterboth incidents. He observed the dog after the May bite incident. He noted that the dogappeared to be nice but was rambunctious and difficult to control although it showed nosigns of aggression. He also stated that the victim appeared to be okay after the Mayincident and had made the comment that “The dog doesn’t like me for some reason”.

Committee questioned Chief Wilkinson. He stated that it wasn’t apparent from the report asto how the police department was notified of the bite incident, so he would defer to thetestimony of the victim. City Attorney Godlewski noted that there is a mandatory report of adog bite if the skin is broken because of the need to follow the rabies protocol. ChiefWilkinson reviewed the ordinance definition of a dangerous animal.

Tara Swinford, the owner of Blaze, testified. She stated that she was present during theMay bite incident. She stated that Blaze is a puppy and has high energy.

Public Services and Safety Committee Meeting MinutesAugust 29, 2017Page 2

She stated that Blaze is just over 1-year old and weighs about 65 pounds. She noted arecent neighborhood event where Blaze was socializing with guests. She entered a varietyof photos of Blaze into the record.

Committee questioned Ms. Swinford. She stated that Blaze is on a leash when he is outside.She also stated that there have been no incidents or signs of aggression since May.Committee requested clarification on Ms. Swinford’s written statement about re-homingBlaze. Ms. Swinford stated that she has had discussions with an individual in the Omro areawho would take Blaze. Ms. Swinford stated that Blaze has not been formally trained butunderstands basic commands. She clarified that Blaze is ½ Boxer and ½ American Bulldog.She stated that exercise for Blaze typically consists of playing fetch in the backyard aftershe returns from work. She reiterated that Blaze is on a leash when in the backyard eventhough most of the yard is fenced.

Committee questioned Chief Wilkinson on the evaluation process for the January biteincident. Chief Wilkinson stated that he believed that the manner in which the dog waskenneled could be considered as provoking and thereby concluded that the dangerous orpotentially dangerous declaration didn’t apply.

Committee reviewed the notification and appeal process for the May incident. ChiefWilkinson stated that Ms. Swinford had contacted him indicating her desire to appeal thedangerous animal declaration. He had informed her that the appeal must be made to theoffice of the City Clerk. In doing a later follow-up on the case, he was told by Ms. Swinfordthat an appeal had been filed but that she had not been contacted further. To address theoversight, Chief Wilkinson reprocessed the dangerous animal letter and Ms. Swinford refiledthe appeal. City Attorney Godlewski stated that ordinance did not specify a time to react toan appeal but that they are typically handled at the next available Committee meeting.

Marlyne Williams testified. She is the bite victim and the grandmother of Ms. Swinford.Committee questioned Ms. Williams about her reporting to the police station after the Maybite incident. She stated that someone at the hospital had told her to stop at the policestation. She was offered the option to wait at the hospital for an officer but she chose to goto the police station. She noted a general concern that she has around active animalsbecause of her age. She stated that she had received five stitches to close the cut. Shenoted that her injury has healed and that she has full movement in the finger that was bit.She showed the Committee where she was bit.

Chief Wilkinson stated that records indicate that Blaze was current on licensing andvaccinations. City Attorney Godlewski clarified that the cooperation of the victim is not arequirement in handling bite cases.

Committee questioned Ms. Swinford about the option of re-homing. She stated that Ms.Williams watches her son on work days. Since the second bite incident, Ms. Swinford hasbeen bringing her son to Ms. Williams’ home.


The re-homing option was considered so that Ms. Williams could watch Ms. Swinford’s sonat the Swinford residence. She stated that they have someone who would potentially takeBlaze but that no firm arrangements have been made pending the outcome of the appealhearing. Chief Wilkinson reviewed procedures for notifying other communities when adangerous animal moves outside of Neenah. He stated that he only makes a notice for ananimal that has been declared dangerous.

Committee questioned Ms. Swinford about the reaction of Blaze to Ms. Williams and if thefear that Ms. Williams has of Blaze is evident to the dog. Ms. Swinford stated that shebelieves that Ms. Williams’ fearful reaction to Blaze indicates to Blaze that he is the dominantparty of the relationship and leads to more aggressive behavior.

Chief Wilkinson made a closing statement. He stated that the bite resulted in stitches whichmeets the ordinance definition of substantial bodily injury. He stated that he would beagreeable to other arrangements if they accomplish the goal of not having another biteincident with Blaze.

Tara Swinford declined to make a closing statement.

Motion/Second/Carried Stevenson/Hillstrom to convene into Closed Session in theCouncil Chambers, pursuant to Wis. Stat. §19.85(1)(a) for the purpose of conductingdeliberations regarding the Dangerous Dog Designation Appeal by Tara Swinford, 609Roosevelt Street. All voting aye.

Motion/Second/Carried Stevenson/Lang to reconvene into Open Session to announceresult of deliberations on appeal of Dangerous Animal Designation by Tara Swinford,609 Roosevelt Street. All voting aye.

Upon reconvening, City Attorney Godlewski reviewed the Committee’s ruling. TheCommittee decided on a vote of 5-0 to modify the Dangerous Animal declaration for Blazeto Potentially Dangerous Animal with several conditions:

1. Blaze must satisfactorily complete training to achieve certification as an American KennelClub Canine Good Citizen and Appellant must provide evidence of successful completionwithin three (3) months of the date of this decision to the City Clerk;

2. If Blaze is not trained, then he must be relocated outside the City of Neenah;

3. If neither of these conditions is satisfied, then the Dangerous Animal Designation willremain and the requirements outlined for a Dangerous Animal must be completed.

City Attorney Godlewski stated that he would prepare the formal decision document for theCommittee’s concurrence at a future meeting. He asked Ms. Swinford to provide a copy ofthe receipt for neutering Blaze.


On questioning from Ms. Swinford, he suggested that she immediately make arrangementsfor training and not wait until the Committee’s action on the formal decision document.

Appeal of Dangerous Animal Designation pursuant to Neenah Code §3-16 – AaronSpaulding, 629 Congress Street: City Attorney Godlewski outlined the procedures to befollowed for the hearing. City Attorney Godlewski placed witnesses under oath as they werecalled to testify. The dangerous animal declaration was made following a bite incidentinvolving the dog “Melvin”. Melvin is described as a male, Rat Terrier/Bulldog mix owned byAaron and Valerie Spaulding.

Chief Wilkinson reviewed the events leading to the Dangerous Animal declaration. On July29, 2017, Melvin bit Garrett Bell, a guest in the home of Aaron and Valerie Spaulding. Thebite was to the lip of Mr. Bell. The wound required one stitch to close. That degree of injurymeets the definition of substantial injury, which calls for a dangerous animal declaration. Henoted that Melvin was properly licensed and vaccinated at the time of the incident. He notedthat the victim did not want to give a statement and had indicated through a voicemail thathe did not believe that the animal was dangerous.

Community Service Aide Sean Goffard testified. He stated that he had responded afterbeing contacted by Affinity Clinic. At the clinic he spoke to the dog’s owner and to the bitevictim. He stated that he had observed the injury. He stated that he did not observe thedog. Mr. Spaulding did not have any questions for CSA Goffard.

Committee discussed with Chief Wilkinson protocols for gathering photos of injuries receivedin these types of incidents.

Aaron Spaulding testified. He stated that Mr. Bell was among several visitors to this home.He stated that none of the others present at the time observed what happened at the timethat Melvin bit Mr. Bell. Immediately after the bite, Melvin was taken to his room. Theydecided that Mr. Bell should have his injury attended to at an urgent care facility. Whilethere, Affinity Clinic staff contacted the Neenah Police Department and CSA Goffardresponded.

Chief Wilkinson and the Committee questioned Mr. Spaulding. He stated that Melvin isabout 3 ½ years old and weighs 45-50 pounds. He has owned Melvin since November2014. He acquired Melvin through the Humane Society. Melvin came from Alabama. Hedidn’t know if Melvin was chipped. He stated that this was Mr. Bell’s first visit to his house.He stated that neither he nor his wife have spoken to Mr. Bell directly since the incident butthat, based on the reports of others and photos, there doesn’t appear to be any lasting affectfrom the injury. He stated that on first meeting new people, Melvin is very excited but aftera time becomes bored. He noted that nothing in Melvin’s behavior appeared to be unusualprior to the incident. He said that he was easily able to take Melvin to his room after the biteoccurred. He did not believe that Mr. Bell provoked Melvin.


Valerie Spaulding testified. She stated that Mr. Bell was seated on a sofa and Melvin waslying nearby. She believes that Mr. Bell may have leaned over Melvin as he got up from thesofa. She stated that they would be willing to muzzle Melvin when he is in public.

Committee questioned Mr. and Mrs. Spaulding. He stated that Melvin had received twolevels of training through a Petco store in Green Bay. She noted that they had made anappointment with a dog behaviorist for an assessment. She assured the Committee thatthey have no intent to minimize what happened. He indicated that they have not discussedwith Mr. Bell what may have happened just prior to the bite.

Chief Wilkinson confirmed that a single stitch injury meets the definition of substantial injury.He noted that a line needed to be drawn with the definition.

Committee discussed the bodily movement involved in getting up from a couch and how thatmight be perceived by a dog in the immediate vicinity. Mr. Spaulding noted that Mr. Bell’sface may not have been far from Melvin’s face while he was trying to rise from the sofa. Mrs.Spaulding stated that Melvin immediately knew that he had done something wrong. Shedescribed the fencing arrangements in the backyard of the property.

Chief Wilkinson declined to make a closing statement.

Mr. Spaulding made a closing statement. He expressed regret for the incident. He statedthat they are trying to do everything correctly going forward. He noted that they have hadnumerous visitors since and feels that this incident is isolated from all of their otherexperiences with Melvin.

Motion/Second/Carried Hillstrom/Lendrum to convene into Closed Session in theCouncil Chambers, pursuant to Wis. Stat. §19.85(1)(a) for the purpose of conductingdeliberations regarding the Dangerous Dog Designation Appeal by Aaron Spaulding,629 Congress Street. All voting aye.

Motion/Second/Carried Hillstrom/Lang to reconvene into Open Session to announceresult of deliberations on appeal of Dangerous Animal Designation by AaronSpaulding, 629 Congress Street. All voting aye.

Upon reconvening, City Attorney Godlewski reviewed the Committee’s ruling. TheCommittee decided on a vote of 5-0 to modify the Dangerous Animal declaration for Melvinto Potentially Dangerous Animal with the following condition:

1. Melvin must satisfactorily complete training to achieve certification as an AmericanKennel Club Canine Good Citizen and Appellant must provide evidence of successfulcompletion within three (3) months of the date of this decision to the City Clerk.

City Attorney Godlewski stated that he would prepare the formal decision document for theCommittee’s concurrence at a future meeting.

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Motion/Second/Carried Hillstrom/Lang to adjourn at 9:28 p.m. All voting aye.


Gerry KaiserDirector of Public Works

CITY OF NEENAH FINANCE AND PERSONNEL COMMITTEE MEETING

Monday, August 28, 2017 – 7:00 p.m. Hauser Room, Neenah City Administration Building

211 Walnut Street, Neenah, Wisconsin

MINUTES Present: Chairman Pollnow; Aldermen Boyette, Erickson, Kunz and Stevenson; Mayor Kaufert, City Attorney Godlewski; Director of Finance Easker. Others Present: Alderman Lendrum, Director of Community Development Haese, Deputy Director of Community Development Schmidt, Director of Information Systems Wenninger, Dana Investment Advisor representatives, Rob Leuty and Matt Slowinski. Public Appearances: None. Minutes: Motion/Second/Carried Erickson/Boyette to approve the minutes from the July 24, 2017 Regular Meeting and the August 16 Special Meeting. All voting aye. Dana Investment Advisors Portfolio Review: Committee reviewed the City’s Portfolio and Economic Update report provided by Dana Investment Advisors. As part of the update, Dana Investment Advisor representatives, Rob Leuty and Matt Slowinski provided an analysis of the Dana managed portfolio (approx. $4 million) as well as the City’s other cash and long-term investment portfolios. The analysis indicated that both the Dana and the City’s long-term portfolios are performing well when compared to comparable benchmarks. Messrs. Leuty and Slowinski indicated that the portfolios compliment each other well and provide the City the proper diversification to perform in either an increasing or decreasing interest rate environment. Director Easker indicated that the City’s current short term cash position provides an opportunity to potentially move additional funds to the Dana portfolio and to the City’s long-term portfolio. Committee and staff discussed various aspects of the portfolio review. Issues discussed included the investment strategy used for both the Dana managed and the City managed funds, the use of the Local Government Investment Pool as the comparable benchmark to Dana, the state statutory limits in place for investing municipal funds, the statutory duties of the municipal treasurer and a discussion on whether the committee should approve a more formalized investment strategy as opposed to leaving the current strategy in place to be managed by the Director of Finance. After further discussion, committee requested that Director Easker provide updated information to the committee on future investment decisions such as moving more funds to the Dana portfolio and to the City’s long-term portfolio. Community Development Fee Schedule – Tourist Housing Permit Fee (Res. 2017-21): Committee reviewed memo from Deputy Director Schmidt recommending Council approve Resolution No. 2017-21 repealing and replacing the Community Development Department Planning and Zoning Fee Schedule to include the Tourist Housing Permit fee. As part of the fee schedule, staff is proposing to create a one-time Tourist Housing permit fee of $50, with an annual permit renewal required at no additional cost to the

Minutes of the Meeting of the Finance and Personnel Committee August 28, 2017 Page 2 property owner. The Common Council has already adopted Ordinance 2017-09 creating standards and regulations for residential property owners to use their property for tourist housing purposes. Committee and staff discussed various aspects of the proposed tourist housing permit fee. Discussion centered around the City’s role regarding monitoring the renting of private homes to visitors, such as the “airbnb” concept. Also discussed was whether the property owner has the responsibility to follow the guidelines mandated for hotels and motels such as the collection and payment of room tax on the rental income. This included a discussion on the City’s limited ability to monitor such activity since the rental income is self-reported. Alderman Erickson said she believes that the property owners should be held to the same standard as hotel and motel operators and questioned the City’s limited ability to enforce these guidelines. Alderman Boyette felt that some fee amount should also be required upon renewal of the permit by the property owner each year. Chairman Pollnow felt that the permit and related fee would be ineffective as a tool to monitor the home rentals and said he intended to vote no. Motion/Second/Carried Stevenson/Kunz to recommend Council approve Resolution No. 2017-21 repealing and replacing the Community Development Department Planning and Zoning Fee Schedule to include the Tourist Housing Permit of $50, with an annual permit renewal required at no additional cost to the property owner. Motion carried 3-2, with Aldermen Erickson, Kunz and Stevenson voting aye, and Chairman Pollnow and Alderman Boyette voting nay. Tax Incremental District #9/Menasha Corporation Development Agreement: Committee reviewed memo from Director Haese requesting direction to staff to take the necessary steps to transfer reserve funds of up to $100,000 from TID #7 Capital Projects Fund to TID #9 Capital Projects Fund to fund the lighting of the recently completed Bergstrom Trail. The funds would be used to add lighting to the off-street pedestrian trail that had been committed to as part of the initial $330,000 project budget that was required as part of the development agreement with Menasha Corp. Committee and staff discussed various aspects of the proposed lighting project and funds transfer. Items discussed included the status of the transit bus drop-off program that serves Menasha Corp. employees, the assumption that the development agreement required construction of the trail would include lighting as well as a discussion on the type of lighting to be installed. Motion/Second/Carried Kunz/Boyette to recommend Council approve amending the 2017 TIF #9 Capital budget by $100,000 and to transfer reserve funds of up to $100,000 from TID #7 to TID #9 to fund the lighting of the recently completed Bergstrom Trail. All voting aye. City WiFi Upgrade/Enhancement Request – Phase 2: Committee reviewed memo of Director Wenninger requesting authorization to enter into agreements with Enterprise Systems Group (ESG) of Little Chute and Meyer Services of Appleton to

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Minutes of the Meeting of the Finance and Personnel Committee August 28, 2017 Page 3 upgrade/enhance the City’s current external WiFi network at a cost not to exceed $56,000. He indicated that the project consists of wireless connectivity in the downtown area between Commercial Street and Main Street and at the City Pool and fiber connectivity to the north shelter at Memorial Park. Funding will be split between carry forward funds from Information System’s 2015 ($6,000) and 2016 ($50,000) CIP budgets. Committee and staff discussed various aspects of the proposed project. Items discussed included the maintenance cost on the WiFi network, efforts to inform the public where WiFi service is available and how the City compares with other communities regarding public WiFi accessibility, including which public areas are still not WiFi accessible. Motion/Second/Carried Kunz/Stevenson recommending Council’s authorization to enter into agreements with Enterprise Systems Group (ESG) of Little Chute and Meyer Services of Appleton to upgrade/enhance the City’s current external WiFi network at a cost not to exceed $56,000. Funding will be split between carry forward funds from Information System’s 2015 ($6,000) and 2016 ($50,000) CIP budgets. All voting aye. Enterprise Resource Planning (ERP) Project Discussion: Committee reviewed memo from Director Wenninger on the current project plan as developed by the Enterprise Resource Planning (ERP) internal committee. The memo provided a status update that included, among other items, the existing 2017-2019 budget for ERP implementation, current and future plan diagrams, the listing of current software system applications city-wide as well as the ERP project charter and justification criteria as developed by the internal ERP committee. As part of its work, the internal committee highlighted that the current state of software systems within the City is more of a hybrid ERP, with all financial systems operating under the Superion product-line, but with other systems under the different product lines. This includes recently purchased systems such as property assessment and licenses and permits. The internal committee felt that the current situation lends itself to a solution that strongly encourages future acquisitions from the Superion product line to create the most efficient and cost effective solution. Committee and staff discussed various aspects of the ERP status update. Committee members emphasized their desire to create a system environment that maximizes efficiency and system coordination. Members provided varying opinions as to the potential options moving forward. They included the solution that strongly encourages future acquisitions from the Superion product line, to mandating all future purchases are from the Superion product line, to having the City embark on a full ERP evaluation process. The committee was informed that a working group is being formed to move forward on the replacement of the City’s utility billing system and that the Superion system is likely to be recommended as the replacement software. After further discussion, the committee requested that they be updated on the status of the ERP process at the second committee meeting in September. Delinquent Personnel Property Tax Collections: Committee reviewed memo from City Attorney Godlewski and Director Easker recommending the City retain Credit Services of

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Minutes of the Meeting of the Finance and Personnel Committee August 28, 2017 Page 4 the Fox Valley, Inc. (CSFV) on a commission basis to assist in the collection of delinquent personal property taxes. The request to retain CSFV is part of the enhanced program developed in 2016 to more aggressively pursue the payment of the delinquent taxes. Discussion took place on various aspects of the delinquent personnel property tax collections issue. Motion/Second/Carried Stevenson/Erickson recommending Council to retain Credit Services of the Fox Valley, Inc. on a commission basis to assist in the collection of delinquent personal property taxes. All voting aye. Claim of Mr. Alvin Long: Supplemental Cost – Claim No. 17-9: Committee reviewed memo of City Attorney Godlewski recommending Council approve the claim of Mr. Alvin Long, Claim 17-9, for the revised amount of $6,698.17. The revised amount from the originally approved amount of $5,927.32 plus 10 days of car rental includes the rental car cost of $283.34 and an additional $487.52 for repairs that were not initially identified by the insurance adjuster. Committee and staff discussed various aspects of the amended claim amount. Motion/Second/Carried Stevenson/Boyette recommending Council approve the claim of Mr. Alvin Long, Claim 17-9, for the revised amount of $6,698.17. All voting aye. Fiscal Matters: July Vouchers: Motion/Second/Carried Erickson/Pollnow to approve the July vouchers as presented. All voting aye. Fiscal Matters: Second Quarter Financial Statements: Discussion took place on various aspects of the Second Quarter 2017 Financial Statements. Motion/Second/Carried Stevenson/Erickson to approve and place on file the Second Quarter Financial Statements as presented. All voting aye. Motion/Second/Carried Boyette/Stevenson to adjourn the meeting at 10:15 p.m. All voting aye.


Michael K. Easker, CPA Director of Finance

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RESOLUTION NO. 2017-21

A RESOLUTION AMENDING THE FEE SCHEDULE OF THE CITY OF NEENAH TO PROVIDE FOR TOURIST HOUSING PERMIT FEE CHARGED BY THE DEPT. OF COMMUNITY DEVELOPMENT AND ASSESSMENT.

WHEREAS, Municipal Code Ch. 14, Div. II provides for the Common Council to adopt fees for various activities of the Dept. of Community Development and Assessment; and,

WHEREAS, by Resolution #7185, the Common Council adopted a uniform fee schedule; and,

NOW THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF NEENAH, WISCONSIN this 16th Day of August 2017 that the uniform fee schedule established by Resolution #7185 is amended by repealing and replacing the Dept. of Community Development and Assessment, Planning and Zoning permits and fees as stated below:

COMM DEV. & ASSESSMENT FEES BASIS STATUTEO.CODE / ORD / RES NO.

PLANNING & ZONING FEES Rezoning Application $400 Per Application Ch. 26/Res. No. 2017-21 Variance Application $250 Per Application Ch. 26/Res. No. 2017-21 Special Use Application $400 Per Application Ch. 26/Res. No. 2017-21 Annexation Review $400 Per Review Ch. 26/Res. No. 2017-21 Site Plan Review (Minor) $150 Per Review Ch. 26/Res. No. 2017-21 Site Plan Review (Major) $300 Per Review Ch. 26/Res. No. 2017-21 Site Plan Review (Telecommunication Tower) $3,000 Per Review Ch. 26/Res. No. 2017-21

Site Plan Review (Landscape Plan) NA Per Review Ch. 26/Res. No. 2017-21 Certified Survey Map $100 Per Map Ch. 26/Res. No. 2017-21 Extraterritorial CSM $100 Per Map Ch. 26/Res. No. 2017-21

Preliminary Plan Review $150 + $35/lot

Per Review Ch. 26/Res. No. 2017-21

Final Plat Review $100 Per Review Ch. 26/Res. No. 2017-21 Official Street Map Amendment $400 Per Amendment Ch. 26/Res. No. 2017-21 PDD Review/Master Plan Approval $500 Per Approval Ch. 26/Res. No. 2017-21

Tourist Housing Permit $50 no annual fee

Per Permit Ch. 26/Res. No. 2017-21

Home Occupation License $50 no annual fee

Per License Ch. 26/Res. No. 2017-21

Project Plan Approval $300 Per Approval Ch. 26/Res. No. 2017-21 Comprehensive Plan Amendment $350 Per Amendment Ch. 26/Res. No. 2017-21 Zoning Verification/Research (Standard) $25 Per Verification

(Standard) Ch. 26/Res. No. 2017-21

Zoning Verification/Research (Enhanced) $100 Per Verification

(Enhanced) Ch. 26/Res. No. 2017-21

Recommended by: Finance and Personnel Committee Moved: Passed:

CITY OF NEENAH, WISCONSIN Dean R. Kaufert, Mayor Patricia A. Sturn, City Clerk

NMFR Joint Finance & Personnel Committee

Meeting Minutes

August 22, 2017 – 5:30 p.m.

Room #133 – City of Menasha

Present: Ald. Collier, Kunz, Pollnow, Sevenich and Nichols

Excused: Ald. Stevenson

Also Present: Chief Kloehn, Director Jacobs, Director Easker, CA Captain, CA Godlewski, and MA Theisen.

Public: AC Mike Sipin

Ald. Sevenich called the meeting to order at 5:30 p.m.

Public Forum: No members of the public chose to speak.

Minutes: The Committee reviewed the June 27, 2017 meeting minutes. MSC Pollnow/Collier to approve

the June 27, 2017 meeting minutes, all voting aye.

Activity/Automatic Aid reports: The Committee reviewed the July activity and automatic aid reports. MSC

Pollnow/Nichols to approve the July activity and automatic aid reports, and place on file, all voting aye.

Quarterly Budget Report: The Committee reviewed the quarterly budget report. MSC Pollnow/Collier to

approve the quarterly budget report, and place on file, all voting aye.

2018 Cost Distribution Formula: The Committee reviewed the proposed 2018 Cost Distribution Formula.

Ald. Kunz asked for consideration of putting in a smoothing factor into the budget formula to help prevent

a dramatic swing towards one city versus the other. Director Easker noted that some of this is addressed

with the current State Statue levy limits exemption. MSC Pollnow/Collier recommends the City of

Neenah and City of Menasha Common Councils approve NMFR’s 2018 Cost Distribution Formula with

the City of Neenah’s weighted share at 59.56% and the City of Menasha’s weighted share at 40.44%, all

voting aye.

Training Tower Upgrades: Ald. Kunz expressed some concern on only having one quote. AC Sipin

reviewed the process he went through in obtaining quotes. Ald. Collier expressed concern on spending

money on the training tower when there is a training tower that can be used at FVTC’s Training Facility.

Chief Kloehn reviewed the history of this. When the new public safety building was proposed by FVTC

they said it would open up this facility for area departments to use. However, they didn’t disclose that in

order for us to use this facility we would have to contract a minimum of two of their instructors to run

any training at this facility even though we have staff members who are current instructors for FVTC and

could complete the training at no additional cost for us. In addition, we would have to take engine

companies out of service and this would have delayed response times or we would have to bring staff in

off duty and pay overtime wages to keep engine companies in service. Due to these issues, we moved

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forward with the updates to the training building. We were asked to look at alternative funding sources

and asked to reach out to other departments in both Cities to see if this building was a fit for their training

needs. This building fits Neenah Police Department’s training needs. Their contribution to this building

helps offset NMFR’s budget. We have also opened it up to other fire departments in the area for training.

Ald. Sevenich said it’s important to introduce other departments to use this facility and it’s important for

us to have this training tool in order for us to prepare for future turnover of the department.

Ald. Kunz asked the department to put together a formal document that shows the costs of what it would

be to send staff members to use FVTC’s training facility versus how much we have spent so far on the

training tower and what potential costs we may have for the future.

Ald. Nichols said she supported having the training tower as it is a benefit and helps us meet our training

needs. However, the cost to maintain this building is currently falling on the Cities of Neenah and

Menasha and would like us to consider a user fee to help offset these costs. AC Sipin noted the

department decided to not do this at this time as the other departments are helping with donations of

items that we needed for the facility (i.e. budgetary contributions to upgrades, donation of equipment to

training simulator, etc.). However, it is something the department would look at if the requests for use

increase. Ald. Pollnow said if we begin looking at user fees for use of this building we need to be careful

as it may cause a ripple effect. MSC Pollnow/Sevenich recommends the City of Neenah and City of

Menasha Common Councils approve Hietpas Welding, Inc. for the steel decking upgrades at a cost not

to exceed $22,765.00 and approve the building materials list to enclose the 2nd floor of the training

tower for a cost not to exceed $3,535.00 with construction to be completed by NMFR staff members

for a grand total of $26,300. $17,500 of this project would be funded through the Neenah Police

Department’s approved 2017 CIP budget and the remaining $8,800 would be funded through NMFR’s

approved CIP budget, all voting aye.

1st Amendment of Consolidation Agreement: CA Godlewski reviewed the changes of the 1st Amendment

that was handed out tonight for review. Items number 5‐8 were removed from the amendment that was

with the distributed with the agenda as there was no need for this language as it is still part of the original

merger agreement and there were no language changes in these areas from the original merger

agreement to the 1st Amendment. CA Captain

MS Pollnow/Collier recommends the City of Neenah and City of Menasha Common Council’s approve

the 1st Amendment of Consolidation Agreement.

A very lengthy discussion was held on the potential changes that were being suggested in the amendment.

It was noted that the original merger agreement would remain in place and this would only be an

amendment.

The committee discussed item #3.02(A). Everyone agreed with this language change as it brought the

dollar amount from $5,000 to $10,000 and is consistent with the City of Neenah’s policy and also reduces

redundancy for the department.

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Discussion was held on item #3.02(B). Committee members felt this language was too broad and open

for interpretation and could potentially pit one city against the other. If this happened, it sends the wrong

message to both communities and may create greater autonomy versus working with the confines of both

cities budget. Members agreed this language should be removed from the amendment. However, some

members felt there should be some language if there is a dispute for approving any budgeted items this

should be brought back to Joint Finance & Personnel to review and make a formal recommendation to

both City Councils for consideration.

Discussion was held on item #4.01. The Committee discussed the potential impact of a budget resolution,

timing of when either City may need to seek the levy limit and how this language could impact either City.

Discussion was held on the issue that arose with last year’s budget process and having language in the

addendum to prevent two different budgets being presented to each individual City as this would have a

major impact if each City passed a different budget for NMFR. The Committee agreed language should

be changed to reflect that if there is a budget funding dispute between both Mayors, the budget with the

concerns, would be brought to the October Joint Finance & Personnel Committee meeting. During this

meeting, the Joint Finance & Personnel Committee would review NMFR’s entire budget and make a final

recommendation for both City Councils so one budget is reviewed by both councils. They felt the language

regarding the certification in writing to exceed the levy limits was unnecessary and be removed from the

amendment.

Discussion was held on item #4.02. This language is to bring the cost distribution formula language up‐

to‐date with what has been done the last two years. Square footage was removed due to the inability to

obtain accurate numbers. Discussion was held on the change from a 5‐part formula to a 4‐part formula.

It was noted when this part was removed, it was a very small factor and didn’t dynamically change the

formula for either City. The Committee agreed with this language change.

MS Pollnow/Kunz to post pone this amendment and be brought back with committee add ons to the

next meeting for consideration, all voting aye.

MSC Pollnow/Collier to adjourn at 7:05 p.m., all voting aye.

Respectfully Submitted,

Tara Ellis

Management Assistant

Minutes of the Board of Public Works Meeting Tuesday, August 29, 2017 – 6:00 p.m.

Hauser Room

MEMBERS PRESENT: Mayor Kaufert, City Attorney Godlewski, Director of Finance Easker, Director of Public Works Kaiser, Aldermen Hillstrom and Bates. Director of Community Development & Assessment Haese was excused. ALSO PRESENT: Director of Parks & Recreation Kading. Mayor Kaufert called the meeting to order at 6:00 p.m. MINUTES: MSC Hillstrom/Bates approve the minutes from the August 10, 2017 Board of Public Works meeting, all voting aye. APPEARANCES: None. UNFINISHED BUSINESS: None. NEW BUSINESS: Public Works Department: None. Park & Recreation: Pay Request No. 4 for Contract PR17-02: Dir. Kading recommended approval of Pay Request No. 4 for Contract PR17-02 for Washington Park Improvements to R&R Wash Materials, Inc., Ripon in the amount of $22,175.39. Mayor Kaufert asked for a status update of the project. Dir. Kaiser stated that substantial compliance was required by September 8, 2017 and will be met. Alderman Bates asked about the status of the basketball court and Dir. Kading reported that it was on schedule as well. MSC Bates/Godlewski to approve Pay Request No. 4 for Contract PR17-02 for Washington Park Improvements to R&R Wash Materials, Inc., Ripon in the amount of $22,175.39, all voting aye. MSC Bates/Godlewski to adjourn at 6:05 p.m., all voting aye.

Respectfully Submitted,

James G. Godlewski City Attorney

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

STATUS OF COUNCIL DIRECTIVES ISSUED SINCE JULY 1, 1981

Date: September 6, 2017 Date of Directive: 10/05/2016

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

Responsible Party: Ald. Pollnow

Status: Pending

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