100 North Appleton Street

Appleton, WI 54911-4799

www.appletonwi.gov

City of Appleton

Meeting Minutes - Final

Common Council

Wednesday, September 18, 2013

7:00 PM

Council Chambers

CALL TO ORDER

INVOCATION

The meeting was called to order at 7:00 P.M.

Invocation by Alderperson Dannecker

PLEDGE OF ALLEGIANCE TO THE FLAG

ROLL CALL OF ALDERPERSONS

14 -

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, Mayor Timothy Hanna and

Alderperson Tim Trauger

ROLL CALL OF OFFICERS AND DEPARTMENT HEADS

PRESENT: Deputy City Clerk Helgeson, City Attorney Walsh, Deputy City

Attorney Totzke, Community and Economic Development Director Harkness,

Finance Director Remiker, Health Officer Eggebrecht, Director of Human

Resources Behnke, Police Chief Helein, Director of Public Works Vandehey,

Director of Information Technology Fox, Director of Utilities Shaw, Library

Director Rortvedt.

EXCUSED: Interim Fire Chief Vander Wyst, Director of Parks, Recreation and

Facilities Gazza, Valley Transit General Manager Wetter, City Clerk Charlene

Peterson.

PUBLIC PARTICIPATION

Name - Address - Topic

Josh Dukelow, 809 E. Hancock Street, Finance Committee #13-1290, Exhibition

Center

Chris Sitzmann, 231 W. Franklin Street, Municipal Services Committee #13-1295,

Primrose Lane Reconstruction

Gary Schmitz, 2700 Crestview Drive, Finance Committee #13-1290, Exhibition Center

Jennifer Stephany, Appleton Downtown, Inc., Finance Committee #13-1290, Exhibition

Center

Joe Kohlbeck, 1801 W. Grant Street, Finance Committee #13-1290, Exhibition Center

Lynn Hagee, 101 E. Water Street, Finance Committee #13-1290, Exhibition Center

Paul Heid, 308 E. College Avenue, Finance Committee #13-1290, Exhibition Center

Sarah Schneider, 122 E. College Avenue, Finance Committee #13-1290, Exhibition

Center

Roberto Hernandez, 2714 W. Glenwood Drive, Other Business #13-1349, Operator's

License

APPROVAL OF PREVIOUS COUNCIL MEETING MINUTES

13-1344

Approve September 4, 2013 Council Meeting Minutes.

Attachments:

CC Minutes 09-04-2013.pdf

Alderperson Spears moved, seconded by Alderperson Coenen, that the

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

14 -

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, Alderperson Peter Stueck and

Alderperson Tim Trauger

2 - Michael Smith and Mayor Timothy Hanna

Excused:

BUSINESS PRESENTED BY THE MAYOR

13-1343

Appoint Brian Looker to the Library Board for the remainder of a 3-year

term to expire June 2016.

Attachments:

CC 09-18-2013 Library Board Appointment.pdf

Alderperson Spears moved, seconded by Alderperson Croatt, that the

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

14 -

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, Alderperson Peter Stueck and

Alderperson Tim Trauger

2 - Michael Smith and Mayor Timothy Hanna

Excused:

PUBLIC HEARINGS

13-1345

Public Hearing for Rezoning #10-13 at 230 East Coolidge Avenue.

Attachments:

Public Hearing - #10-13.doc

Name - Address - Topic

None.

SPECIAL RESOLUTIONS

13-1346

A Resolution Creating, Describing, and Making Certain Findings and

Approving Project Plan for Tax Incremental District #9, City of Appleton,

Wisconsin.

Attachments:

CC 09-18-2013 Resolution TIF #9.doc

CC 09-18-2013 TIF District 9 Project Plan 2013 rev 8-19-13.pdf

Alderperson Konetzke moved, seconded by Alderperson Coenen, that the

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

vote:

14 -

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, Alderperson Peter Stueck and

Alderperson Tim Trauger

2 - Michael Smith and Mayor Timothy Hanna

Excused:

13-1347

A Resolution Creating, Described, and Making Certain Findings and

Approving Project Plan for Tax Incremental District #10, City of Appleton,

Wisconsin.

Attachments:

CC 09-18-2013 Resolution TIF #10.doc

CC 09-18-2013 TIF District 10 Project Plan 2013 rev 8-19-13.pdf

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

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

14 -

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, Alderperson Peter Stueck and

Alderperson Tim Trauger

2 - Michael Smith and Mayor Timothy Hanna

Excused:

ESTABLISH ORDER OF THE DAY

13-1208

Rezoning #10-13 - Michael and Christine Faucett, 230 E. Coolidge

Avenue to rezone a portion of the eastern side from R-1B Single-Family

Residential District to C-2 General Commercial District for expansion of

an existing business located on the adjacent lot to the east.

Attachments:

Rezoning #10-13 attachment.pdf

Alderperson Spears moved, seconded by Alderperson Croatt, that the Report

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

14 -

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, Alderperson Peter Stueck and

Alderperson Tim Trauger

2 - Michael Smith and Mayor Timothy Hanna

Excused:

13-1290

Request to approve the following 2013 Budget Adjustment:

General Fund - Community and Economic Development

Consulting

Salaries and Benefits

+$25,000

-$25,000

to fund Resolution #21-R-13/Jirschele approved at the September 4,

2013 Council meeting (2/3 vote required).

Attachments:

Budget Adj memo EC.pdf

Exhibition Center Resolution.pdf

Amended Resolution.docx

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

Action Item be approved by a two-thirds vote. Roll Call. Motion failed by the

following vote:

8 -

Aye:

Alderperson Christopher Croatt, Alderperson Jeffrey Jirschele, John Hill,

Alderperson Curt Konetzke, Alderperson Kyle Lobner, Alderperson Joe

Martin, Alderperson Peter Stueck and Alderperson Tim Trauger

6 -

Nay:

Alderperson Patti Coenen, Alderperson Greg Dannecker, Alderperson

Sarah Garb, Alderperson Kole Oswald, Alderperson Kathleen Plank and

Alderperson Cathy Spears

2 - Michael Smith and Mayor Timothy Hanna

Excused:

13-1349

Reconsideration of Operator License Application of Roberto

Hernandez-Rivas. (Denied at 5/15/2013 Common Council meeting.)

Attachments:

CC 09-18-2013 Operator License Roberto Hernandez-Rivas.pdf

Alderperson Oswald moved, seconded by Alderperson Coenen, to suspend the

Council Rules to reconsider the Operator's License of Roberto

Hernandez-Rivas. Roll Call. Motion carried by the following vote:

14 -

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, Alderperson Peter Stueck and

Alderperson Tim Trauger

2 - Michael Smith and Mayor Timothy Hanna

Excused:

Alderperson Spears moved, seconded by Alderperson Oswald, that the

Operator's License be approved. Roll Call. Motion carried by the following

vote:

14 -

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, Alderperson Peter Stueck and

Alderperson Tim Trauger

2 - Michael Smith and Mayor Timothy Hanna

Excused:

13-1282

Double Frontage Lot - to combine two lots into one, creating double

frontage on both E. Longview Drive and E. Greenfield Street.

Attachments:

Longview Attachment.pdf

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

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

14 -

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, Alderperson Peter Stueck and

Alderperson Tim Trauger

2 - Michael Smith and Mayor Timothy Hanna

Excused:

13-1278

R/B-Dannecker-Request from Janeine Cardin to appeal her $50 Weed

Administration Fee for 821 S. Memorial Drive.

Attachments:

Janeine Cardin.pdf

Referred by Alderperson Dannecker

This Report Action Item was referred to the Municipal Services Committee

COMMITTEE REPORTS

Balance of the action items on the agenda.

Alderperson Martin moved, Alderperson Croatt seconded, to approve the

balance of the action items on the agenda. 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 Tim Trauger

1 - Alderperson Peter Stueck

Nay:

2 - Michael Smith and Mayor Timothy Hanna

Excused:

MINUTES OF THE SAFETY AND LICENSING COMMITTEE

13-1307

Request to amend licensed premises description for "Class B"

Beer/Liquor license of Gregg VanDinter, at 906 S. Olde Oneida Street to

read as follows: current description with the addition of the entire paved

area including the brick pavers - contingent upon departmental approvals.

This Report Action Item was approved.

MINUTES OF THE MUNICIPAL SERVICES COMMITTEE

13-1295

Primrose Lane from Oneida Street to Ashbrook Street

Be reconstructed with asphalt pavement and curb and gutter to a width of 33'

from back of curb to back of curb. In areas with delineated on-street parking,

the pavement width would be 39’ from back of curb to back of curb, with the

delineated parking areas being 9’ wide measured from the face of curb per

Exhibit “A”. The current street width varies from 22 feet to 28 feet. New 5’

sidewalks would be constructed along both sides of Primrose Lane.

Juniper Lane from Ashbrook Street to Vermillion Street

Shasta Lane from Ashbrook Street to Vermillion Street

Ashbrook Street from Shasta Lane to Juniper Lane

Friendly Street from Shasta Lane to Juniper Lane

Ivy Street from Shasta Lane to Juniper Lane

Vermillion Street from Shasta Lane to Juniper Lane

Be reconstructed with asphalt pavement and curb and gutter to widths varying

from 29' to 39’ from back of curb to back of curb, depending on the locations of

delineated on-street parking. The streets would include two 10’ travel lanes and

may include 9’-wide delineated parking lanes measured from the face of curb

per Exhibit “A”. The current paved street widths vary from 24 feet to 26 feet,

with gravel parking areas occupying a large portion of the remaining public

right-of-way. New 5’ sidewalks would be constructed along one side of

Ashbrook Drive, Juniper Lane, Vermillion Street and Shasta Lane.

Attachments:

Fox Valley Estates Street layout.pdf

This Report Action Item was approved.

MINUTES OF THE CITY PLAN COMMISSION

13-1275

Annual Review of the Business Improvement District (BID) 2014

Operating Plan

Attachments:

BID Annual Update to PC.doc

2014 Operating Plan.pdf

Schedule of Assessments.pdf

This Report Action Item was approved.

MINUTES OF THE PARKS AND RECREATION COMMITTEE

MINUTES OF THE COMMUNITY AND ECONOMIC DEVELOPMENT COMMITTEE

MINUTES OF THE UTILITIES COMMITTEE

13-1267

Approve proposed Stormwater ERU formula change for multi-family

properties effective January 1, 2015.

Attachments:

Equivalent Runoff Unit Formula Change.pdf

This Report Action Item was approved.

MINUTES OF THE FOX CITIES TRANSIT COMMISSION

MINUTES OF THE BOARD OF HEALTH

MINUTES OF THE HUMAN RESOURCES COMMITTEE

13-1269

Request to approve changes to the Salary Administration Policy

Attachments:

Salary Administration Policy revised 9-10-13.pdf

This Report Action Item was approved.

MINUTES OF THE FINANCE COMMITTEE

10.

13-1281

Request to approve the following 2013 Budget Adjustment:

Reid Golf Course

Equipment

Fund Balance

+$13,430

- $13,430

to use fund balance to purchase a new boiler for Reid Golf Course

Clubhouse. (2/3 vote required)

Attachments:

Reid Golf Course Boiler.pdf

This Report Action Item was approved.

13-1283

Request to approve the following 2013 Budget Adjustment:

Special Revenue Fund - Police Grants

State Aids

Salaries and Benefits

+$121,434

To record grant received from the Wisconsin Office of Justice Assistance

to fund street crime officers working in collaboration with other agencies

to identify high crime neighborhoods (2/3 vote required).

This Report Action Item was approved.

13-1285

Request to enter into Intergovernmental Agreement with Appleton Area

School District to borrow short term cash in an amount not to exceed $18

million from time to time as needed. The note shall be dated as of date

of issuance, shall bear interest at the rate of 2% above the average

Federal Funds rate from its dated date until paid; and shall mature no

later than June 30, 2014. Interest on the note shall be paid at maturity or

redemption.

Attachments:

2013 - 2014 Bond Counsel Letter.doc

2013 - 2014 Certificate of Compliance with Open Meeting Law Public

Notice Requirements.doc

2013 - 2014 Certificate of Equalized Value.doc

This Report Action Item was approved.

13-1297

Approve Contract Amendment and Change Order No. 2 to Contract

12-13 for Unit X-13 Sewer & Water Reconstruction #2 with Don Hietpas

& Sons, Inc. to increase for costs related to unforeseen conflict with

underground wooden/concrete sewer crib and additional topsoil/mulch

material quantities in the amount of $18,820.00 resulting in no change to

contract contingency. Overall Contract Amount to increase from

$1,077,218.60 to $1,096,038.60.

Attachments:

Unit X-13 Change Order No 2.pdf

This Report Action Item was approved.

CONSOLIDATED ACTION ITEMS

ITEMS HELD

ORDINANCES

13-1348

Ordinances #80-13 through #82-13.

Attachments:

Ordinances going to 09-18-2013 Council.doc

This Report Action Item was approved.

LICENSE APPLICATIONS AND COMMUNICATIONS REFERRED TO

COMMITTEES OF JURISDICTION

RESOLUTIONS SUBMITTED BY ALDPERSONS REFERRED TO COMMITTES OF

JURISDICTION

OTHER BUSINESS

ADJOURN

Alderperson Spears moved, seconded by Alderperson Croatt, that the meeting

be adjourned. Roll Call. Motion carried by the following vote:

12 -

Aye:

Alderperson Patti Coenen, Alderperson Christopher Croatt, Alderperson

Greg Dannecker, Alderperson Sarah Garb, Alderperson Jeffrey Jirschele,

John Hill, Alderperson Kyle Lobner, Alderperson Kole Oswald, Alderperson

Kathleen Plank, Alderperson Cathy Spears, Alderperson Peter Stueck and

Alderperson Tim Trauger

2 - Alderperson Curt Konetzke and Alderperson Joe Martin

2 - Michael Smith and Mayor Timothy Hanna

Nay:

Absent:

CHARLENE M. PETERSON, CMC/WCMC

City Clerk