100 North Appleton Street

Appleton, WI 54911-4799

www.appletonwi.gov

City of Appleton

Meeting Minutes - Final

Common Council

Wednesday, August 7, 2013

7:00 PM

Council Chambers

CALL TO ORDER

INVOCATION

7:03 p.m.

Invocation by Alderperson Spears.

PLEDGE OF ALLEGIANCE TO THE FLAG

ROLL CALL OF ALDERPERSONS

13 -

Present:

Alderperson Patti Coenen, Alderperson Christopher Croatt, Alderperson

Greg Dannecker, Alderperson Sarah Garb, Alderperson Jeffrey Jirschele,

Alderperson Curt Konetzke, Alderperson Kyle Lobner, Alderperson Joe

Martin, Alderperson Kole Oswald, Alderperson Kathleen Plank, Alderperson

Cathy Spears, Alderperson Peter Stueck and Mayor Timothy Hanna

ROLL CALL OF OFFICERS AND DEPARTMENT HEADS

PRESENT: City Clerk Peterson, City Attorney Walsh, Deputy City Attorney Totzke,

Community and Economic Development Director Harkness, Interim Fire Chief Vander

Wyst, Health Officer Eggebrecht, Director of Human Resources Behnke, Police

Chief Helein, Director of Public Works Vandehey, Interim Director of Information

Technology Fox.

EXCUSED: Finance Director Remiker, Director of Parks, Recreation and Facilities

Gazza, Director of Utilities Shaw, Valley Transit General Manager Wetter, Library

Director Rortvedt.

PUBLIC PARTICIPATION

Name - Address - Topic

Mark Geall, 1155 E. Banta Court, River Heath

APPROVAL OF PREVIOUS COUNCIL MEETING MINUTES

13-1100

Approve July 24, 2013 Council Meeting Minutes.

Attachments:

CC Minutes 07-24-2013.pdf

Alderperson Konetzke moved, seconded by Alderperson Coenen, that the

Minutes be approved. Roll Call. Motion carried by the following vote:

13 -

Aye:

Alderperson Patti Coenen, Alderperson Christopher Croatt, Alderperson

Greg Dannecker, Alderperson Sarah Garb, Alderperson Jeffrey Jirschele,

John Hill, Alderperson Curt Konetzke, Alderperson Kyle Lobner,

Alderperson Joe Martin, Alderperson Kole Oswald, Alderperson Kathleen

Plank, Alderperson Cathy Spears and Alderperson Peter Stueck

2 - Michael Smith and Mayor Timothy Hanna

Excused:

BUSINESS PRESENTED BY THE MAYOR

PUBLIC HEARINGS

13-1096

Public Hearing for Rezoning #7-13 E. Longview Drive (Jana & Megan

Cartier)

(File ID #13-870 July 15, 2013 City Plan Commission meeting)

Attachments:

Public Hearing - #7-13.doc

APPEARANCES:

Janet Cartier, 500 E. Greenfield Street.

SPECIAL RESOLUTIONS

ESTABLISH ORDER OF THE DAY

13-1029

Resolution #21-R-13/Jirschele - "Be it resolved that the City of Appleton

allocate $25,000 to engage an industry-accomplished professional to

serve as consultant and project manager/driver to determine the

willingness of LNR to give the community the protection it needs to

assure the continued viability of the proposed exhibition center and

a) Review the current state of the project and negotiations among the

various parties to evaluate and profile the strengths, weaknesses and

potential of the current situation by September 15, 2013, and

b) Identify a prudent, practical plan to move negotiations/planning forward

on behalf of the people of Appleton and its neighbors throughout the Fox

Cities by November 2, 2013, and

c) Negotiate that plan through to final resolution, or terminate the initiative,

by January 1, 2014." (Referred back from Common Council)

Attachments:

Budget Adj memo EC.docx

Exhibition Center Resolution.pdf

Referred to Community & Economic Development by Alderperson Coenen.

This Report Action Item was referred to the Community & Economic

Development Committee

13-997

2013 Annual Action Plan Substantial Amendment allocation

recommendations. (Referred back from Common Council as amended)

Attachments:

AdditionalAwardRecommendations.docx

CDBG info.pptx

Referred, as amended, to Community & Economic Development by Alderperson

Jirschele.

This Report Action Item was referred, as amended, to the Community &

Economic Development Committee

Amend to strike the proposed $37,133 in funding for Parks and Recreation.

Alderperson Lobner moved, seconded by Alderperson Spears, to Approve an

amendment to strike the proposed $37,133 in funding for Parks and Recreation.

Roll Call. Motion carried by the following vote:

7 -

Aye:

Alderperson Patti Coenen, Alderperson Christopher Croatt, Alderperson

Jeffrey Jirschele, John Hill, Alderperson Kyle Lobner, Alderperson Kole

Oswald and Alderperson Cathy Spears

6 -

Nay:

Alderperson Greg Dannecker, Alderperson Sarah Garb, Alderperson Curt

Konetzke, Alderperson Joe Martin, Alderperson Kathleen Plank and

Alderperson Peter Stueck

2 - Michael Smith and Mayor Timothy Hanna

Excused:

The following items were separated out to be voted on individually.

13-870

Rezoning #7-13 - E. Longview Drive (31-6-2959) from R-2 Two-Family

Residential District to R-1B Single-Family Residential District with the

intent of combining the properties.

Attachments:

Rezoning 7-13 Attachment.pdf

This Report Action Item was approved

13 -

Aye:

Alderperson Patti Coenen, Alderperson Christopher Croatt, Alderperson

Greg Dannecker, Alderperson Sarah Garb, Alderperson Jeffrey Jirschele,

John Hill, Alderperson Curt Konetzke, Alderperson Kyle Lobner,

Alderperson Joe Martin, Alderperson Kole Oswald, Alderperson Kathleen

Plank, Alderperson Cathy Spears and Alderperson Peter Stueck

2 - Michael Smith and Mayor Timothy Hanna

Excused:

13-795

Adopt the 2014 City of Appleton Policy for Special Assessments.

Approved by a vote of Aye: 3 - Alderperson Martin, Alderperson Plank

and Alderperson Konetzke; Nay: 1 - Alderperson Stueck; Excused: 1 -

Alderperson Dannecker. At the 7/24/13 Council meeting, Alderperson

Lobner REFERRED BACK to Committee.

Attachments:

Proposed Changes to SA Policy for 2014.pdf

Alderperson Martin moved, seconded by Alderperson Plank, that the Report

Action Item be approved. Roll Call. Motion carried by the following vote:

9 -

Aye:

Alderperson Greg Dannecker, Alderperson Sarah Garb, Alderperson Jeffrey

Jirschele, John Hill, Alderperson Curt Konetzke, Alderperson Joe Martin,

Alderperson Kole Oswald, Alderperson Kathleen Plank and Alderperson

Peter Stueck

4 -

Nay:

Alderperson Patti Coenen, Alderperson Christopher Croatt, Alderperson

Kyle Lobner and Alderperson Cathy Spears

2 - Michael Smith and Mayor Timothy Hanna

Excused:

Amend to strike changes #2 and #3 as outlined in the attached memo, removing

$1/foot increases in the cost for installation of storm and sanitary sewers and laterals.

AMENDMENT FAILED.

Alderperson Lobner moved, seconded by Alderperson Croatt, to approve an

amendment to strike changes #2 and #3 as outlined in the attached memo,

removing $1/foot increases in the cost for installation of storm and sanitary

sewers and laterals.. Roll Call. Motion failed by the following vote:

5 -

Aye:

Alderperson Patti Coenen, Alderperson Christopher Croatt, Alderperson

Kyle Lobner, Alderperson Kole Oswald and Alderperson Cathy Spears

8 -

Nay:

Alderperson Greg Dannecker, Alderperson Sarah Garb, Alderperson Jeffrey

Jirschele, John Hill, Alderperson Curt Konetzke, Alderperson Joe Martin,

Alderperson Kathleen Plank and Alderperson Peter Stueck

2 - Michael Smith and Mayor Timothy Hanna

Excused:

13-1098

Approval of RiverHeath Subordination Agreement.

Attachments:

CC 08-07-2013 Attach Memo to Council - Subordination Agreement

07-31-13.pdf

Alderperson Konetzke moved, seconded by Alderperson Stueck, that the

Report Action Item be approved. Roll Call. Motion carried by the following

vote:

13 -

Aye:

Alderperson Patti Coenen, Alderperson Christopher Croatt, Alderperson

Greg Dannecker, Alderperson Sarah Garb, Alderperson Jeffrey Jirschele,

John Hill, Alderperson Curt Konetzke, Alderperson Kyle Lobner,

Alderperson Joe Martin, Alderperson Kole Oswald, Alderperson Kathleen

Plank, Alderperson Cathy Spears and Alderperson Peter Stueck

2 - Michael Smith and Mayor Timothy Hanna

Excused:

COMMITTEE REPORTS

MINUTES OF THE SAFETY AND LICENSING COMMITTEE

MINUTES OF THE MUNICIPAL SERVICES COMMITTEE

A motion was made by Alderperson Croatt, seconded by Alderperson

Coenen, to vote on the balance of the action items of the Municipal Services

Committee.

Balance of the action items on the minutes.

A motion was made by Alderperson Christopher W. Croatt, seconded by

Alderperson Patti Coenen, that this was approved on the Balance of the

Minutes.. The motion carriedby the following vote:

13 -

Aye:

Alderperson Patti Coenen, Alderperson Christopher Croatt, Alderperson

Greg Dannecker, Alderperson Sarah Garb, Alderperson Jeffrey Jirschele,

John Hill, Alderperson Curt Konetzke, Alderperson Kyle Lobner,

Alderperson Joe Martin, Alderperson Kole Oswald, Alderperson Kathleen

Plank, Alderperson Cathy Spears and Alderperson Peter Stueck

2 - Michael Smith and Mayor Timothy Hanna

Excused:

13-1033

Approve Resolution regarding the railroad crossings at Division

Street/Franklin Street, Appleton Street/Packard Street, and South

Perkins Street.

Attachments:

Railroad crossing-Division St-Frankling Street.pdf

This Report Action Item was approved.

13-1035

Award of 2013 Parking Ramp Structural Condition Analysis Contract to

Graef in an amount not to exceed $20,000.

Attachments:

Award of Contract City Parking Ramp.pdf

This Presentation was approved.

MINUTES OF THE CITY PLAN COMMISSION

MINUTES OF THE PARKS AND RECREATION COMMITTEE

MINUTES OF THE COMMUNITY AND ECONOMIC DEVELOPMENT COMMITTEE

MINUTES OF THE UTILITIES COMMITTEE

A motion was made by Alderperson Martin, seconded by Alderperson

Coenen, to vote on the balance of the action items of the Utilities Committee.

Balance of the action items on the minutes.

The balance of the action items on the minutes were approved.

13 -

Aye:

Alderperson Patti Coenen, Alderperson Christopher Croatt, Alderperson

Greg Dannecker, Alderperson Sarah Garb, Alderperson Jeffrey Jirschele,

John Hill, Alderperson Curt Konetzke, Alderperson Kyle Lobner,

Alderperson Joe Martin, Alderperson Kole Oswald, Alderperson Kathleen

Plank, Alderperson Cathy Spears and Alderperson Peter Stueck

2 - Michael Smith and Mayor Timothy Hanna

Excused:

13-1028

Amend Stormwater Consulting Services Contract 2013E for the West

Wisconsin Avenue Study Update #2 with AECOM by an amount not to

exceed $8,507.

Attachments:

AECOM 2013E Contract Amendment 2.docx

This Report Action Item was approved.

13-1031

Award Spectralink Phone System Cabling to Faith Technologies in the

amount of $122,916 and a 10% contingency of $12,290 for a project total

not to exceed $135,206.

Attachments:

Spectralink Cabling Memo 07-25-13 .doc

This Report Action Item was approved.

MINUTES OF THE FOX CITIES TRANSIT COMMISSION

MINUTES OF THE BOARD OF HEALTH

A motion was made by Alderperson Spears, seconded by Alderperson Hill, to

vote on the balance of the action items on the Council Agenda.

A motion was made by Alderperson Cathy Spears, seconded by Alderperson

John Robin Hill, that the balance of the action items on the agenda be

approved.. The motion carried by the following vote:

Balance of the Report

Alderperson Spears moved, Alderperson Hill seconded, to approve the report.

The motion carried by the following vote:

13 -

Aye:

Alderperson Patti Coenen, Alderperson Christopher Croatt, Alderperson

Greg Dannecker, Alderperson Sarah Garb, Alderperson Jeffrey Jirschele,

John Hill, Alderperson Curt Konetzke, Alderperson Kyle Lobner,

Alderperson Joe Martin, Alderperson Kole Oswald, Alderperson Kathleen

Plank, Alderperson Cathy Spears and Alderperson Peter Stueck

2 - Michael Smith and Mayor Timothy Hanna

Excused:

13-1094

Petition of Edward D. Miles to appeal Appleton Police Department's

declaration of his dog "Patty" as a "Prohibited Dangerous Animal.

This Report Action Item was approved.

MINUTES OF THE HUMAN RESOURCES COMMITTEE

MINUTES OF THE FINANCE COMMITTEE

10.

13-1025

Award Unit BB-08 RiverHeath Sewer and Water and Grade and Gravel

to Vinton Construction Company in the amount of $856,239.08 with a

15% contingency of $128,435.86 for a project total not to exceed

$984,674.94.

Attachments:

Finance Committee 7-31-13 - BB-08 Award Form.pdf

Bid Tabulation 7-23-13 BB 08.xls

This Report Action Item was approved.

13-1026

13-1050

Award Unit J-13 Mini-Storm Sewer Contruction to Vanco Construction,

Inc. in an amount not to exceed $200,000

Attachments:

Finance Committee 7-31-13 - J-13 Award Form.pdf

Bid Tabulation J 13.xls

This Report Action Item was approved.

Award of Red Parking Ramp Concrete Corbel Repair Contract to Boldt

Company in the amount of $36,150 with a $3,850 contingency.

Attachments:

Award of Red Parking Ramp Contract.pdf

This Report Action Item was approved.

CONSOLIDATED ACTION ITEMS

ITEMS HELD

ORDINANCES