100 North Appleton Street

Appleton, WI 54911-4799

www.appletonwi.gov

City of Appleton

Meeting Minutes - Final

Common Council

Wednesday, August 21, 2013

7:00 PM

Council Chambers

CALL TO ORDER

INVOCATION

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

Invocation by Alderperson Stueck

PLEDGE OF ALLEGIANCE TO THE FLAG

ROLL CALL OF ALDERPERSONS

11 -

Present:

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 Cathy Spears, Alderperson Peter Stueck and Mayor

Timothy Hanna

2 - Alderperson Patti Coenen and Alderperson Kathleen Plank

Excused:

ROLL CALL OF OFFICERS AND DEPARTMENT HEADS

PRESENT: Mayor Hanna, 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, Director of Parks, Recreation and Facilities Gazza, Police Chief Helein,

Director of Public Works Vandehey, Director of Utilities Shaw, Valley Transit General

Manager Wetter, Library Director Rortvedt.

EXCUSED: Finance Director Remiker, Director of Information Technology Fox

PUBLIC PARTICIPATION

Name - Address - Topic

Jeff Meidam, 8 Newbery Court #5, Operator's License

APPROVAL OF PREVIOUS COUNCIL MEETING MINUTES

13-1157

Approve August 7, 2013 Council Meeting Minutes.

Attachments:

CC Minutes 08-07-2013.pdf

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

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

12 -

Aye:

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, Michael Smith, Alderperson Cathy Spears and Alderperson

Peter Stueck

3 -

Excused:

Alderperson Patti Coenen, Alderperson Kathleen Plank and Mayor Timothy

Hanna

BUSINESS PRESENTED BY THE MAYOR

PUBLIC HEARINGS

13-1158

Public Hearing for Text Amendment Ch. 23 Section 23-206(b)

(File ID #13-994 July 29, 2013 City Plan Commission meeting.)

Attachments:

Public Hearing Council 8-21-2013 Ch 23 Sec. 23-206 docx.doc

No Public Appearances.

SPECIAL RESOLUTIONS

ESTABLISH ORDER OF THE DAY

13-1036

The Taxicab Driver's License application of Jeffrey D. Meidam, 8

Newberry Court, #5.

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

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

9 -

Aye:

Alderperson Christopher Croatt, John Hill, Alderperson Curt Konetzke,

Alderperson Kyle Lobner, Alderperson Joe Martin, Alderperson Kole

Oswald, Michael Smith, Alderperson Cathy Spears and Alderperson Peter

Stueck

3 -

Nay:

Alderperson Greg Dannecker, Alderperson Sarah Garb and Alderperson

Jeffrey Jirschele

Excused:

Alderperson Patti Coenen, Alderperson Kathleen Plank and Mayor Timothy

Hanna

13-1042

An update and request for an extenstion on the Liquor Licenses inactivity

for 318 West College Avenue, Michael W. Rohr.

Attachments:

Inactivity Update - W. College.pdf

Inactivity Letter.pdf

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

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

12 -

Aye:

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, Michael Smith, Alderperson Cathy Spears and Alderperson

Peter Stueck

3 -

Excused:

Alderperson Patti Coenen, Alderperson Kathleen Plank and Mayor Timothy

Hanna

13-997

2013 Annual Action Plan Substantial Amendment allocation

recommendations. (Referred back from Common Council as amended)

Attachments:

AdditionalAwardRecommendations.docx

CDBG info.pptx

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

Action Item be amended to strike the proposed $37,133 in funding for Parks

and Recreation and direct staff to reopen an abbreviated application process

for both city departments and outside organizations. Roll Call. Motion carried

by the following vote:

7 -

Aye:

Alderperson Christopher Croatt, Alderperson Jeffrey Jirschele, Alderperson

Kyle Lobner, Alderperson Joe Martin, Alderperson Kole Oswald, Michael

Smith and Alderperson Cathy Spears

5 -

3 -

Nay:

Alderperson Greg Dannecker, Alderperson Sarah Garb, John Hill,

Alderperson Curt Konetzke and Alderperson Peter Stueck

Excused:

Alderperson Patti Coenen, Alderperson Kathleen Plank and Mayor Timothy

Hanna

Alderperson Stueck moved, seconded by Alderperson Konetzke, that the

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

following vote:

9 -

Aye:

Alderperson Christopher Croatt, Alderperson Jeffrey Jirschele, John Hill,

Alderperson Curt Konetzke, Alderperson Kyle Lobner, Alderperson Kole

Oswald, Michael Smith, Alderperson Cathy Spears and Alderperson Peter

Stueck

3 -

Nay:

Alderperson Greg Dannecker, Alderperson Sarah Garb and Alderperson Joe

Martin

Absent:

Alderperson Patti Coenen, Alderperson Kathleen Plank and Mayor Timothy

Hanna

13-1117

Badger Avenue from Mason Street to Wisconsin Avenue be

reconstructed with concrete pavement and curb and gutter to a width of

47' from back of curb to back of curb, which is 2' narrower than the

existing street width. The newly reconstructed Badger Avenue would

include an 8' parking lane along the north/east side of the street, a 2'

buffer area between the parking lane and bike lane, a 5' wide bike lane

along the north/east side of the street, two 12.5' travel lanes, and a 6'

wide bike lane along the south/west side of the street. Parking would be

removed from the south/west side of Badger Avenue within the proposed

project limits. New concrete sidewalk would be constructed to the

right-of-way line along the property at 1219 Badger Avenue.

Meeting went into Recess

Meeting Reconvened

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

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

10 -

Aye:

Alderperson Christopher Croatt, Alderperson Greg Dannecker, Alderperson

Sarah Garb, John Hill, Alderperson Curt Konetzke, Alderperson Kyle

Lobner, Alderperson Joe Martin, Alderperson Kole Oswald, Michael Smith

and Alderperson Cathy Spears

2 - Alderperson Jeffrey Jirschele and Alderperson Peter Stueck

Nay:

3 -

Excused:

Alderperson Patti Coenen, Alderperson Kathleen Plank and Mayor Timothy

Hanna

Alderperson Smith moved, seconded by Alderperson Stueck, that the Report

Action Item be amended to included: "Bike lanes will not be installed until the

Town of Grand Chute's shared bike lane is scheduled for construction and

installation." This sentence is inserted before the second last sentence. Roll

Call. Motion failed by the following vote:

5 -

Aye:

Alderperson Jeffrey Jirschele, Alderperson Kyle Lobner, Michael Smith,

Alderperson Cathy Spears and Alderperson Peter Stueck

7 -

Nay:

Alderperson Christopher Croatt, Alderperson Greg Dannecker, Alderperson

Sarah Garb, John Hill, Alderperson Curt Konetzke, Alderperson Joe Martin

and Alderperson Kole Oswald

3 -

Excused:

Alderperson Patti Coenen, Alderperson Kathleen Plank and Mayor Timothy

Hanna

Alderperson Smith moved, seconded by Alderperson Spears, to amend as

follows: Change “…47' to 53’ from back of curb to back of curb, strikeout

"which is 2' narrower than the existing street width." The newly reconstructed

Badger Avenue would include "two" instead of "an" 8' parking lanes along the

north/east "and south/west" sides of the street, change "2'" to "1’" buffer area

between the parking lane and bike lane, a 5' wide bike lane srikeout "along

the north/east side" and add " on both sides" of the street,…” Roll Call. Motion

failed by the following vote:

3 - Michael Smith, Alderperson Cathy Spears and Alderperson Peter Stueck

Aye:

9 -

3 -

Nay:

Alderperson Christopher Croatt, Alderperson Greg Dannecker, Alderperson

Sarah Garb, Alderperson Jeffrey Jirschele, John Hill, Alderperson Curt

Konetzke, Alderperson Kyle Lobner, Alderperson Joe Martin and

Alderperson Kole Oswald

Excused:

Alderperson Patti Coenen, Alderperson Kathleen Plank and Mayor Timothy

Hanna

13-1120

Meade Street from 1st Avenue to Florida Avenue be reconstructed with

concrete pavement and curb and gutter to a width of 54' from back of

curb to back of curb, which is 11 feet wider than the existing street width.

The newly reconstructed Meade Street would be reconstructed to

accommodate two 5-foot bike lanes along each side of the street and

would include two 11' outside travel lanes and two 10.5' inside travel

lanes. Existing sidewalk would be reconstructed to 6' wide directly

adjacent to the curb and gutter. Parking would be removed from both

sides of Meade Street within the proposed project limits.

Alderperson Konetzke moved, seconded by Alderperson Dannecker, that the

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

vote:

8 -

Aye:

Alderperson Greg Dannecker, Alderperson Sarah Garb, John Hill,

Alderperson Curt Konetzke, Alderperson Kyle Lobner, Alderperson Joe

Martin, Alderperson Kole Oswald and Michael Smith

4 -

3 -

Nay:

Alderperson Christopher Croatt, Alderperson Jeffrey Jirschele, Alderperson

Cathy Spears and Alderperson Peter Stueck

Excused:

Alderperson Patti Coenen, Alderperson Kathleen Plank and Mayor Timothy

Hanna

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

Alderperson Konetzke moved, seconded by Alderperson Stueck, that the

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

6 -

3 -

Aye:

Alderperson Jeffrey Jirschele, John Hill, Alderperson Curt Konetzke,

Alderperson Kyle Lobner, Alderperson Joe Martin and Alderperson Peter

Stueck

Nay:

Alderperson Christopher Croatt, Alderperson Greg Dannecker, Alderperson

Sarah Garb, Alderperson Kole Oswald, Michael Smith and Alderperson

Cathy Spears

Excused:

Alderperson Patti Coenen, Alderperson Kathleen Plank and Mayor Timothy

Hanna

13-1131

Non-Renewal Hearing for the Operator's License of Andrew L. Carr,

2205 Cloudview Court.

Attachments:

Andrew L. Carr.pdf

Andrew L Carr - Findings of Fact and Conclusions of Law.pdf

ANDREW L CARR.pdf

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

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

12 -

Aye:

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, Michael Smith, Alderperson Cathy Spears and Alderperson

Peter Stueck

3 -

Excused:

Alderperson Patti Coenen, Alderperson Kathleen Plank and Mayor Timothy

Hanna

13-1135

Non-Renewal Hearing for the Operator's License of Kyle D. Willenkamp,

2923 North Peach Tree Lane.

Attachments:

Kyle D. Willenkamp.pdf

Kyle D Willenkamp - Findings of Fact and Conclusions of Law.pdf

KYLE D WILLENKAMP.pdf

Alderperson Dannecker moved, seconded by Alderperson Oswald, that the

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

vote:

12 -

Aye:

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, Michael Smith, Alderperson Cathy Spears and Alderperson

Peter Stueck

3 -

Excused:

Alderperson Patti Coenen, Alderperson Kathleen Plank and Mayor Timothy

Hanna

13-1136

Non-Renewal Hearing for the Operator's License of David A. Glaser,

2424 East Main Street, Kaukauna.

Attachments:

David A. Glaser.pdf

David A Glaser - Findings of Fact and Conclusions of Law.pdf

DAVID A GLASER.pdf

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

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

12 -

Aye:

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, Michael Smith, Alderperson Cathy Spears and Alderperson

Peter Stueck

3 -

Excused:

Alderperson Patti Coenen, Alderperson Kathleen Plank and Mayor Timothy

Hanna

13-1061

Fair Housing Ordinance

Attachments:

CEDC Memo Fair Housing July 25 2013.doc

Fair Housing Ordinance(3).pdf

Alderperson Stueck moved, seconded by Alderperson Konetzke, that the

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

vote:

12 -

Aye:

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, Michael Smith, Alderperson Cathy Spears and Alderperson

Peter Stueck

3 -

Excused:

Alderperson Patti Coenen, Alderperson Kathleen Plank and Mayor Timothy

Hanna

COMMITTEE REPORTS

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

vote on the balance of the action items on the agenda.

Balance of the action items on the agenda.

Alderperson Spears moved, Alderperson Smith seconded, to approve the

report. The motion carried by the following vote:

11 -

3 -

Aye:

Alderperson Christopher Croatt, Alderperson Greg Dannecker, Alderperson

Sarah Garb, Alderperson Jeffrey Jirschele, John Hill, Alderperson Curt

Konetzke, Alderperson Kyle Lobner, Alderperson Kole Oswald, Michael

Smith, Alderperson Cathy Spears and Alderperson Peter Stueck

Excused:

Alderperson Patti Coenen, Alderperson Kathleen Plank and Mayor Timothy

Hanna

1 - Alderperson Joe Martin

Abstained:

MINUTES OF THE SAFETY AND LICENSING COMMITTEE

13-1032

Class "B" Beer and Class "C" Wine license application of Java Warung,

LLC, David W. Pickett, Agent, 1915 N Richmond Street, contingent upon

departmental approvals.

This Report Action Item was approved.

13-1034

13-1039

Secondhand Article License application for Button & Bowties, LLC, 405

West Wisconsin Avenue, contingent upon departmental approvals.

This Report Action Item was approved.

Operator's License application of Jessica L. Ahrens, 218 South

Outagamie Street.

Denied

This Report Action Item was approved.

13-1041

Operator's License application of Holy Waters Brecheen, 911

Winchester Road, Neenah.

Denied

This Report Action Item was approved.

13-1047

13-1055

Special Class "B" Beer License applications filed after the agenda was

published.

This Report Action Item was approved.

Operator's Licenses

Attachments:

Operator's Licenses for 8-1-13 S & L.doc

Operator's Licenses for 08-15-13 S & L.pdf

This Report Action Item was approved.

13-1059

13-1125

Request to amend licensed premises description for "Class B"

Beer/Liquor license of Sangrias Mexican Grill & Bar, LLC at 215 S

Memorial Drive to read as follows: current description with the addition of

sidewalk patio and porch - contingent upon departmental approvals.

This Report Action Item was approved.

Request to Approve the Contract for Wisconsin Hazardous Materials

Response System Services.

Attachments:

Fire Memo 08-08-2013.pdf

This Report Action Item was approved.

13-1126

13-1127

"Class B" Beer/Liquor License application of Mojitos Mexican Grill & Bar,

LLC, Shirley B. Gregory, Agent, 2639 South Oneida Street, contingent

upon departmental approvals.

This Report Action Item was approved.

Change of Agent for Formosa Restaurants, LLC, d/b/a Confucius

Restaurant, 2230 East Northland Avenue, Appleton, to Yu Ming Tung,

contingent upon department approval.

This Report Action Item was approved.

MINUTES OF THE MUNICIPAL SERVICES COMMITTEE

13-1121

Request from Graphic House, Inc. on behalf of the YMCA of Appleton for

a permanent street occupancy permit to install three (3) banners in the

Durkee Street right-of-way.

Attachments:

YMCA Permanent Street Occupancy.pdf

This Report Action Item was approved.

13-1122

Recommended parking changes on Catherine Street and Washington

Street.

Attachments:

Catherine St and Washington St parking changes.pdf

This Report Action Item was approved.

MINUTES OF THE CITY PLAN COMMISSION

13-994

Text Amendments - Article X of Chapter 23 of the Municipal Code,

Floodplain Zoning relating to Sec. 23-206(b) Official Maps and Revisions

Attachments:

Text Amendment Attachment.pdf

This Report Action Item was approved.

13-1089

Special Use Permit #10-13 - David Pickett, 1915 N. Richmond Street for

restaurant with alcohol sales and consumption.

Attachments:

Special Use #10-13 Attachment.pdf

This Report Action Item was approved.

MINUTES OF THE PARKS AND RECREATION COMMITTEE

MINUTES OF THE COMMUNITY AND ECONOMIC DEVELOPMENT COMMITTEE

13-1130

Budget Adjustment for Neighborhood Academy

Attachments:

Neighborhood Academy Attachment.pdf

This Report Action Item was approved.

MINUTES OF THE UTILITIES COMMITTEE

13-1107

Amend (Amendment #4) 2011G Stormwater Consulting Services

contract with GRAEF for the Appleton East Stormwater Storage project

by an amount not to exceed $33,744.

Attachments:

GRAEF 2011G Amendment #4.docx

This Report Action Item was approved.

13-1143

Approval of the Appleton / Grand Chute inter-governmental agreement for

the Sensus Water Meter System.

Attachments:

Appleton Grand Chute Intergovernmental Agreement.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

MINUTES OF THE FINANCE COMMITTEE

CONSOLIDATED ACTION ITEMS

ITEMS HELD

10.

ORDINANCES

13-1159

Ordinance #74-13.

Attachments:

Ordinance going to 08-21-2013 Council.pdf

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

T. ADJOURN

12 -

Aye:

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, Michael Smith, Alderperson Cathy Spears and Alderperson

Peter Stueck

3 -

Excused:

Alderperson Patti Coenen, Alderperson Kathleen Plank and Mayor Timothy

Hanna