Special Common Council — Agenda Packet

A Quorum of the Administration Committee, Board of Public Works, Personnel Committee, Plan Commission, Redevelopment Authority, and other City bodies may attend this meeting, though no official action of these bodies will be taken. SPECIAL COMMON COUNCIL MEETING AGENDA Monday, August 31, 2026 at 6:00 PM First Floor Conference Rooms 100 Main Street, Menasha, WI A. Call to Order B. Pledge of Allegiance C. Roll Call D. Public Hearing E. Public Comments on Any Matter of Concern to the City (5 minute time limit for each person) F. Report of Department Officers/Department Heads/Staff/Consultants Clerk Janet - the following minutes and communications have been received and placed on file: G. Consent Agenda (Prior to voting on the Consent Agenda, items on the Consent Agenda may be removed at the request of any Alderman and place immediately following action on the Consent Agenda. The procedures to follow for the Consent Agenda are: (a) removal of items from Consent Agenda; and (b) motion to approve the items from Consent Agenda.) H. Items Removed from the Consent Agenda I. Action Items 1. Producer Full-Service Retail Sales Application (AB-105) - Stone Arch Brewpub, Inc., Rally for the Valley, October 3, 2026 J. Held Over Business K. Ordinances and Resolutions 1. R-30-26 - A Resolution Suspending 11-5-1(a)-(d) Within the Limited Area of the Rally for the Valley Event in Downtown Menasha on Saturday, October 3, 2026, 2:00PM - 10:00PM (Introduced by Mayor Hammond) 2. R-29-26 - A Resolution Increasing the Limit of Authorization to Expend or Commit Public Funds Regarding City Operations (Introduced by Mayor Hammond) Page 1 of 14 L. Appointments M. Claims Against the City N. Public Comments on Any Matter Listed on the Agenda (5 minute time limit for each person) O. Adjournment MEETING NOTICE Tuesday, September 8, 2026 Common Council Meeting – 6:00 PM Committee Meetings to Follow "Menasha is committed to its diverse population. Our Non-English speaking population and those with disabilities are invited to contact the Menasha City Clerk at 967-3603 24-hours in advance of the meeting for the City to arrange special accommodations." Page 2 of 14 100 Main Street, Suite 200 | Menasha, Wisconsin 54952-3190 Phone (920) 967-3608 | Fax (920) 967-5273 | www.menashawi.gov City of Menasha | Office of the City Clerk MEMORANDUM DATE August 28, 2026 TO Common Council FROM Evan Janet, City Clerk RE Producer Full-Service Retail Sales Application (AB-105) – Stone Arch Brewpub, Inc., Rally for the Valley, October 3, 2026 Stone Arch Brewpub, Inc. (1004 South Olde Oneida Street, Appleton, WI 54915) has submitted a Producer Full-Service Retails Sales Application (AB-105) for a permit to sell alcohol at the Rally for the Valley event on October 3, 2026. This is a new type of application that has not been considered before by the City of Menasha Common Council. This application process allows producers, in this case Stone Arch as a brewery, to vend their products by temporarily operating a “full-service retail outlet” (pursuant to Wis. Stat. §125.29(7)(g)(5)) at the premises described in their application. Ultimately, this application is filed with the Wisconsin Department of Revenue, but it does require municipal approval by the governing body before Stone Arch may submit it. Stone Arch’s application is complete, apart from Part G which must be completed by the City of Menasha (designee, such as the City Clerk). State statute directs municipalities to complete a similar review process to municipal licenses. After such review, the applicant passed this review process. Specifically, Agent Steven Lonsway passed a recent criminal background check by the Menasha Police Department. Additionally, no outstanding payments are due to the City of Menasha by Stone Arch or the agent. Recommendation: Staff recommend authorizing the City Clerk to execute Part G of the AB- 105 form. Page 3 of 14 Page 4 of 14 Page 5 of 14 Page 6 of 14 Page 7 of 14 100 Main Street, Suite 200 | Menasha, Wisconsin 54952-3190 Phone (920) 967-3608 | Fax (920) 967-5273 | www.menashawi.gov City of Menasha | Office of the City Clerk MEMORANDUM DATE August 28, 2026 TO Common Council FROM Evan Janet, City Clerk RE R-30-26 - A Resolution Suspending 11-5-1(a)-(d) Within the Limited Area of the Rally for the Valley Event in Downtown Menasha on Saturday, October 3, 2026, 2:00PM - 10:00PM (Introduced by Mayor Hammond) With the upcoming Rally for the Valley event, along with beer offered by Stone Arch Brewpub, Inc., City staff and event organizers hope to facilitate downtown business involvement in the event. By suspending 11-5-1(a)-(d) within the limited area of the event, patrons of downtown establishments would be able to consume alcohol beverages purchased from those businesses in the event area. With a “Class B” Intoxicating Liquor License and/or Class “B” Fermented Malt Beverage License, bars and restaurants may sell alcohol for on-or-off premise consumption. Normally with off premise consumption, alcohol beverages must be sealed with tamper- evident seals, however, suspending 11-5-1(a)-(d) during this event time and location would allow businesses to sell for off premise consumption without needing to seal to-go beverages. Recommendation: Staff recommends approving R-30-26 - A Resolution Suspending 11-5- 1(a)-(d) Within the Limited Area of the Rally for the Valley Event in Downtown Menasha on Saturday, October 3, 2026, 2:00PM - 10:00PM (Introduced by Mayor Hammond). Page 8 of 14 RESOLUTION R-30-26 A RESOLUTION SUSPENDING 11-5-1(a)-(d) WITHIN THE LIMITED AREA OF THE RALLY FOR THE VALLEY EVENT IN DOWNTOWN MENASHA ON SATURDAY, OCTOBER 3, 2026, 2:00PM – 10:00PM INTRODUCED BY: Mayor Hammond WHEREAS, the City of Menasha experienced an EF-3 Tornado on July 27, 2026, in which the following weeks much volunteer efforts, clean-up work, and mutual aid and good will was seen across our community; and WHEREAS, the Rally for the Valley is a proposed benefit concert that will be held in downtown Menasha on Saturday, October 3, 2026, from 2:00pm – 10:00pm; and WHEREAS, proceeds from the concert that are fundraised will be directed to support non- profit organizations that are directly serving residents throughout the affected communities; and WHEREAS, the event organizers have put forward a Producer Full-Service Retail Sales Application (AB-105 form) (a State of Wisconsin Department of Revenue Issued Form) for this event, which approves the applicant’s sale and allows consumption of the applicant’s alcohol beverages within the event area; and WHEREAS, pursuant to Section 11-5-1(f)(1) of the City Code authorizing such exception, by suspending Section 11-5-1(a)-(d) within the limited area of the event, patrons of licensed downtown establishments would be able to consume alcoholic beverages purchased from such downtown businesses in the event area; NOW, THEREFORE, BE IT RESOLVED, that the City of Menasha Common Council herby suspends Section 11-5-1(a)-(d) on Saturday, October 3, 2026, 2:00pm – 10:00pm, contingent on: (1) Common Council approval of the Street Use Permit for the Rally for the Valley event, (2) Common Council approval of the applicant’s AB-105 form, (3) State of Wisconsin Department of Revenue approval of the applicant’s AB-105 form, and (4) the Rally for the Valley event actually occurring. BE IT FURTHER RESOLVED, That the suspended area will be reflective of the map of the Rally for the Valley event street closure and to be within the boundaries this special event. Passed and approved this _____ day of _______, 2026. Page 9 of 14 ________________________________________ Austin R. Hammond, Mayor ATTEST: ________________________________________ Evan Janet, City Clerk Recommended by: ____________________________ Motion/Second: ____________________________ Pass/Fail: _______ Requires: Majority Vote Page 10 of 14 RESOLUTION R-29-26 A RESOLUTION INCREASING THE LIMIT OF AUTHORIZATION TO EXPEND OR COMMIT PUBLIC FUNDS REGARDING CITY OPERATIONS DURING LOCAL STATE OF DISASTER (EMERGENCY) INTRODUCED BY: Mayor Austin Hammond WHEREAS, on July 27, 2026, severe storms swept southeastward through the City of Menasha during the early afternoon, resulting in high winds, hail, and an EF3 tornado; WHEREAS, the severe weather events caused widespread and significant damage, including injuries, damage to homes, businesses, City of Menasha Parks properties, as well as extensive power outages; WHEREAS, by statutory authority granted to Menasha’s officials, Emergency Operations Center Incident Command Systems (ICS) are activated and operating since July 27, 2026; WHEREAS, pursuant to Section 2-3-13 of the City of Menasha Code of Ordinances, Mayor Hammond has issued a Proclamation Declaring a Local State of Disaster in the City of Menasha; WHEREAS, Wisconsin Governor Tony Evers has issued Executive Order #300 declaring a State of Emergency in Response to Severe Weather; WHEREAS, on August 3, 2026, the Menasha Common Council, by R-21-26, declared a Local State of Disaster (Emergency) in the City of Menasha; WHEREAS, on August 3, 2026, the Menasha Common Council, by R-22-26, increased the limit of authorization to expend or commit public funds regarding city operations during the Local State of Disaster (Emergency) in the City of Menasha from an amount of not exceeding $100,000 pursuant to City Code to an amount not exceeding $615,000 (including a 10% contingency); WHEREAS, on August 10, 2026, the Menasha Common Council, by R-27-26, increased the limit of authorization to expend or commit public funds regarding city operations during the Local State of Disaster (Emergency) in the City of Menasha from an amount not exceeding $615,000 (including a 10% contingency) to an amount not exceeding $1,954,396.03 (including a 10% contingency); Page 11 of 14 WHEREAS, since the Common Council’s August 10, 2026, approval of R-27-26, continued emergent operations are nearing the total-estimate of $1,954,396.03 authorized by R- 27-26. After additional time has passed allowing further assessment and work performed, there is an increased estimate of costs through approximately September 8, 2026; NOW THEREFORE BE IT RESOLVED, that all City officers and employees are directed to continue to assist the Mayor as appropriate in the ongoing response to this Local State of Disaster (Emergency) throughout its duration. BE IT FURTHER RESOLVED, that the powers and duties of the Mayor pursuant to such declaration of Local State of Disaster (Emergency) continue to include any and all of those enumerated under Section 2-3-13(b) of the City Code. BE IT FURTHER RESOLVED, that one of these above-described powers and duties pursuant to Section 2-3-13(b), during such declared Local State of Disaster (Emergency), include Mayor Hammond having authorization to expend or commit public funds of the City when deemed prudent and necessary for the protection of health, life, or property, not to exceed $100,000.00. On August 10, 2026, the Common Council, by R-27-26, authorized an increase in expending or committing public funds from an amount not to exceed $615,000 (including a 10% contingency) as authorized by R-22-26, to an amount not to exceed $1,954,369.03 (including a 10% contingency), as follows: • $675 – Portable A/C and Fees • $300 – FedEx Costs Associated with Building Inspections Emergency Response Needs • $594,000 – Debris Removal; Hauling (DTAK) • $8,500 – Debris Removal; Hauling (Onsite Logging) • $400,000 – Tree Removal • $5,000 – Fuel • $80,000 – DPW Equipment • $117,200 – Overtime Estimate; Departments-wide • $100,000 – Waterway Cleanup • $471,048.66 – Debris Monitoring (Tetra Tech, Inc.) Total: $1,776,723.66 + 10% Contingency = $1,954,396.03 BE IT FURTHER RESOLVED, there is an increased estimate of costs necessary to carry out these Local State of Disaster (Emergency) response operations through approximately September 8, 2026, as follows: • Debris Removal; Hauling (DTAK) – Add $368,000 • Debris Removal; Hauling (Municipal Aide) – Add $500,000 • Debris Removal; C&D Disposal (Outagamie County) – Add $200,000 • Debris Removal; Brush Grinding (Bucklin Tree Service) – Add $350,000 • Building Inspection Services (City of Appleton) – Add $10,000 • Facility Assessments – Add $4,000 • Overtime Estimate; Departments-wide – Add $56,800 • DPW Equipment – Add $250,000 Subtotal: $1,738,800.00 Page 12 of 14 $555,675.00 R-22-26 Initial Request, Excluding Contingency $1,221,048.66 R-27-26 Additional Request, Excluding Contingency $1,738,800.00 R-29-26 Additional Request $3,515,523.66 Subtotal $351,552.37 10% Contingency $3,867,076.03 Total BE IT FURTHER RESOLVED, that pursuant to Wis. Stat. § 62.15(1b), an exception to public bidding laws exists as to this public emergency, specifically, for the repair and reconstruction of public facilities because damage or threatened damage thereto creates an emergency, as determined by Resolution R-23-26 of the Board of Public Works, in which the public health or welfare of the City is endangered, and until Common Council determines by majority vote at a regular or special meeting that an emergency no longer exists. BE IT FURTHER RESOLVED, all non-essential committee meetings within the City of Menasha are suspended at the discretion of the Chair, and that meetings may be held virtually when possible under the guidance of the open meetings law and state statutes. Passed and approved this ___ day of August, 2026 ________________________________________ Austin Hammond, Mayor ATTEST: ________________________________________ Evan Janet, City Clerk Recommended by: ____________________________ Motion/Second: ____________________________ Pass/Fail: _______ Requires: ____Majority Vote ____ 2/3 Vote Page 13 of 14 Page 14 of 14