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”….meeting community needs…..enhancing quality <strong>of</strong> life.”<br />

AMENDED<br />

COMMON COUNCIL<br />

AGENDA<br />

The <strong>City</strong> <strong>of</strong> <strong>Appleton</strong> Common Council will hold its regular meeting on Wednesday, December 19,<br />

2012, at 7:00 P.M. in the <strong>Appleton</strong> <strong>City</strong> Hall, <strong>City</strong> Center Building, Sixth Floor, 100 North<br />

<strong>Appleton</strong> Street, <strong>Appleton</strong>, Wisconsin.<br />

A. Invocation<br />

B. Pledge <strong>of</strong> Allegiance<br />

C. Roll Call <strong>of</strong> Alderpersons<br />

D. Roll Call <strong>of</strong> Officers and Department Heads<br />

E. Public Participation (15 minutes) - The public may speak on any item on this agenda not<br />

included in the public hearings (Item H) below.<br />

F. Minutes <strong>of</strong> Previous Meetings<br />

G. Business presented by the Mayor<br />

1. Recognition <strong>of</strong> the <strong>Appleton</strong> North Boy’s Varsity Volleyball Team.<br />

2. Presentation <strong>of</strong> Donation to Houdini Plaza from the Fox Cities Chamber <strong>of</strong><br />

Commerce/Octoberfest Committee.<br />

3. Presentation by the WI Concrete Paving Association for the Wisconsin Avenue<br />

Reconstruction Project – National Award for Excellence in Concrete Pavements.<br />

4. Appointment <strong>of</strong> Thomas R. Phillips to the <strong>Appleton</strong> Housing Authority<br />

H. Public Hearings<br />

I. Special Resolutions.<br />

J. Establish Order <strong>of</strong> the Day<br />

K. Committee Reports<br />

1. Report <strong>of</strong> the Board <strong>of</strong> Public Works<br />

2. Report <strong>of</strong> the Municipal Services Committee<br />

3. Report <strong>of</strong> the <strong>City</strong> Plan Commission<br />

S:\COUNCIL\MINUTES\Council Agenda 12-19-2012 <strong>amended</strong>.doc


4. Report <strong>of</strong> the Utilities Committee<br />

5. Report <strong>of</strong> the Safety and Licensing Committee<br />

6. Report <strong>of</strong> the Fox Cities Transit Commission<br />

7. Report <strong>of</strong> the Board <strong>of</strong> Health – NO MEETING<br />

8. Report <strong>of</strong> the Community and Economic Development Committee<br />

9. Report <strong>of</strong> the Parks and Recreation Committee<br />

10. Report <strong>of</strong> the Human Resources Committee – NO ACTION ITEMS<br />

11. Report <strong>of</strong> the Finance Committee<br />

L. Consolidated Action Items<br />

None.<br />

M. Items Held:<br />

1. HELD TO DECEMBER 19, 2012 COUNCIL MEETING:<br />

From the October 25, 2012 Safety & Licensing Committee Report – HOLD FOR<br />

TWO WEEKS -<br />

The Class “B” Beer License Application on Nusara Yang, d/b/a Jai Sung Mah Pool<br />

Club, 122 West Wisconsin Avenue BE APPROVED contingent upon approvals<br />

from all departments. (5/0)<br />

<strong>City</strong> Plan Commission Item #1 (2/3 Vote Required) Special Use Permit #12-12 –<br />

Nusara Yang, 122 West Wisconsin Avenue, for alcohol sales in conjunction with a<br />

restaurant and commercial entertainment BE APPROVED (5/1-Konetzke) subject<br />

to listed conditions. Referred back from Common Council 11/7/12 by Alderperson<br />

Wahl.<br />

O. Ordinances - #132-12<br />

P. License Applications and Communications referred to Committees <strong>of</strong> Jurisdiction<br />

Q. Resolutions submitted by Alderpersons referred to Committees <strong>of</strong> Jurisdiction<br />

R. Other Business:<br />

1. Approval <strong>of</strong> Committee <strong>of</strong> the Whole Report 12/19/12.<br />

S. Adjourn<br />

S:\COUNCIL\MINUTES\Council Agenda 12-19-2012 <strong>amended</strong>.doc<br />

CHARLENE M. PETERSON, CMC/WCMC<br />

<strong>City</strong> Clerk<br />

Reasonable Accommodations for persons with disabilities will be made upon request and if feasible.


“…meeting community needs…enhancing quality <strong>of</strong> life.”<br />

REPORT OF THE MUNICIPAL SERVICES COMMITTEE<br />

Meeting <strong>of</strong> December 11, 2012<br />

MEMBERS PRESENT: Alderperson Clemons, Alderperson Coenen, Alderperson Dannecker,<br />

Alderperson Wahl<br />

MEMBERS EXCUSED: Alderperson Smith<br />

The Municipal Services Committee reports and recommends that:<br />

1. Alternative 2 for the Jackman Street shared use path. BE APPROVED (4/0)<br />

2. Contract with Bloom Companies, LLC to design the Jackman Street pavement from State<br />

Street to Water Street outside the 250 feet WisDOT limits, retaining wall, shared use path<br />

and stairs in an amount not to exceed $75,000. BE APPROVED (4/0)<br />

3. Request, on behalf <strong>of</strong> the Ralph Kennedy Memorial, to install a flag pole in the island in<br />

the southeast corner <strong>of</strong> College Avenue and Memorial Drive intersection. BE APPROVED<br />

(4/0)<br />

4. Traffic calming measure (street narrowing) at the intersections <strong>of</strong> Ashbury Drive/Applecart<br />

Drive and Ashbury Drive/Sourapple Drive. BE APPROVED (4/0)<br />

5. Award <strong>of</strong> 2013 Materials Testing Contract (M-13) to OMNNI Associates, Inc., in an<br />

amount not to exceed $100,000. BE APPROVED (4/0)<br />

6. Request from <strong>Appleton</strong> Downtown, Inc. for a Street Occupancy Permit for the month <strong>of</strong><br />

June, 2013 to install fiber art in downtown on parking meters, bike posts, planter rails, trees<br />

and light poles. BE APPROVED (4/0)<br />

7. Award Traffic Sign Replacement Contract, Unit L-12, to 3M Company in an amount not to<br />

exceed $300,000. BE APPROVED (4/0)<br />

8. Request from Mark’s East Side for a permanent street occupancy permit for the sign at<br />

1405 E. Wisconsin Avenue be approved with a minimum clearance <strong>of</strong> 10 feet. BE<br />

APPROVED (4/0)<br />

December 19, 2012 Council Meeting<br />

____________________________________<br />

Alderperson Clemons<br />

Chairperson


Page 2<br />

REPORT OF THE MUNICIPAL SERVICES COMMITTEE<br />

Meeting <strong>of</strong> December 11, 2012<br />

INFORMATIONAL<br />

1. The minutes from the November 27, 2012 meeting <strong>of</strong> the Municipal Services Committee<br />

were approved.<br />

2. The following persons appeared at the meeting:<br />

a. Presentation <strong>of</strong> Jackman Street shared use path alternatives.<br />

3. Director’s Update<br />

• Tree planting at Riverside Cemetery<br />

4. Olde Oneida Street Bridge over the Fox River Project update.<br />

5. Building Inspections Division Permit Summary Comparison Report for November, 2012.<br />

6. R/B Baranowski-Approve $10,000 amendment to 2012 Materials Testing Contract (M-12)<br />

with OMNNI Associates for Riverheath Project. Motion to hold until January 8, 2013<br />

meeting.<br />

7. Approve sidewalk installation at Voster’s Park as part <strong>of</strong> the 2013 Concrete Paving<br />

Program as shown on the attached drawing. Motion to hold until January 8, 2013 meeting.


MINUTES<br />

MUNICIPAL SERVICES COMMITTEE<br />

December 11, 2012<br />

4:00 P.M.<br />

PRESENT: Alderpersons Clemons, Coenen, Dannecker, and Wahl<br />

EXCUSED: Alderperson Smith<br />

OTHERS<br />

PRESENT:<br />

Paula Vandehey Director <strong>of</strong> Public Works<br />

Eric Lom <strong>City</strong> Traffic Engineer<br />

Ellen Totzke Deputy <strong>City</strong> Attorney<br />

Timothy Hanna <strong>City</strong> <strong>of</strong> <strong>Appleton</strong> Mayor<br />

Chris Croatt Alderperson, District 14<br />

Joe Martin Alderperson, District 4<br />

Jason Brown Staff Engineer<br />

Chad Weyenberg Staff Engineer<br />

Randy Schultz 730 S. State Street, <strong>Appleton</strong><br />

Jonathon and John Stoeger 527 S. Story Street<br />

Pam Holdorf 3931 E. Ashbury Drive, <strong>Appleton</strong><br />

Donna and James Hameister 4004 E. Ashbury Drive, <strong>Appleton</strong><br />

Steve Kehn 321 W. Prospect Avenue, <strong>Appleton</strong><br />

Jennifer Stephany <strong>Appleton</strong> Downtown Inc.<br />

Kassie Rose 2344 Meadow Green Drive, Town <strong>of</strong> Menasha<br />

Chairperson Clemons called the meeting <strong>of</strong> the Municipal Services Committee to order at 4:00<br />

PM.<br />

MINUTES<br />

G. Dannecker moved, seconded by P. Coenen to approve the Minutes <strong>of</strong> the November 27, 2012<br />

meeting. (4/0)<br />

ACTION ITEMS<br />

a. R/B Baranowski-Approve $10,000 amendment to 2012 Materials Testing Contract (M-12)<br />

with OMNNI Associates for Riverheath Project.<br />

Mayor Hanna asked this item be held. Staff has a meeting tomorrow with the bank and the<br />

developer. His goal is to still have something to the Council next Wednesday. He stated if<br />

this needs to be voted on Wednesday he would pull it up and put in on the committee <strong>of</strong> the<br />

whole so Council could act upon it.<br />

Alderperson Clemons stated he respectfully requests that if the Developer wants to come<br />

forward with another amendment he should work out his terms and have a signed contract at<br />

council time.


Mayor Hanna stated that is the goal for the Council meeting. He anticipates that the two<br />

banks involved will also be in attendance.<br />

Motion to hold by C. Wahl, seconded by G. Dannecker.<br />

Vote on Motion. (4/0)<br />

e. Approve traffic calming measure (street narrowing) at the intersections <strong>of</strong> Ashbury<br />

Drive/Applecart Drive and Ashbury Drive/Sourapple Drive.<br />

Motion to approve by G. Dannecker, seconded by C. Wahl.<br />

Jason Brown stated next year we are constructing new concrete pavement along Ashbury<br />

Drive. He understands there are concerns about speed along this section <strong>of</strong> Ashbury Drive.<br />

Staff met and talked about implementing some traffic calming ideas. What is proposed at the<br />

intersections <strong>of</strong> Ashbury Drive/Applecart Drive and Ashbury Drive/Sourapple Drive is<br />

narrowing the pavement to 29’ from back <strong>of</strong> curb to back <strong>of</strong> curb. The rest <strong>of</strong> the street will<br />

be at 33’ wide from back <strong>of</strong> curb to back <strong>of</strong> curb. The impact <strong>of</strong> this would be restricted<br />

parking a few hundred feet.<br />

Eric Lom stated staff struggles, especially in residential neighborhoods, <strong>of</strong> the never ending<br />

speeding complaints. Once a road is constructed we can talk about enforcement and all the<br />

different speed watch programs, but we know that anything we do after the fact really have<br />

an impact on the speeds for only a short period <strong>of</strong> time. This proposal addresses the problem<br />

before the road is constructed allowing for implementation <strong>of</strong> measures we know will change<br />

the long term behavior <strong>of</strong> the driver and reduce the speed by a few miles per hour.<br />

Pam Holdorf, 3931E. Ashbury Drive – she has talked with several neighbors and there is<br />

agreement that they do not understand how this is going to slow traffic. She does not notice<br />

a lot <strong>of</strong> speeding on Ashbury and feels the curve <strong>of</strong> the road makes drivers slow down.<br />

Eric stated the curve does influence the speed <strong>of</strong> the vehicles.<br />

Pam asked if it is necessary to do this? She asked are we taking a nice neighborhood and<br />

turning it into reduced parking and narrowing. She asked if there were a lot <strong>of</strong> complaints?<br />

Eric stated there were complaints which started staff looking at alternatives. He stated we<br />

looked to see if there was a speeding problem and found there is not. If this was an existing<br />

road we would not be recommending any traffic control changes. What makes this different<br />

is the road has not been constructed yet and there really is no cost associated with making<br />

this change.<br />

Alderperson Clemons stated he sees this as a long term goal <strong>of</strong> slowing traffic down, but he<br />

agrees with point about the curve also influencing the speed <strong>of</strong> the vehicles. He stated now<br />

we have to decide how important is the parking.<br />

Director Vandehey stated she has these in her subdivision and the bump outs do cause her to<br />

slow down.<br />

Donna Hameister, 4004 E. Ashbury - she is concerned about kids on bikes at this intersection<br />

because she does not feel there is going to be enough room for two cars to get through.<br />

Eric stated we do not have to put both in. Putting two in would have a better effect overall<br />

than putting in just one. He stated with regards to the width we look at many factors. We<br />

look at the narrower you get the less distance there is for pedestrians or people going to the<br />

park have to cross to get to the other side <strong>of</strong> the road. He stated on the flip side we do not


want to make it so narrow that cars and bikers are getting pinched. He stated 29’ is ample<br />

room for two cars and bikers.<br />

G. Dannecker stated he does not like bump outs but they do work. He travels by St. Pius<br />

daily and traffic does slow down and it gives the children a shorter lane to cross.<br />

C. Wahl stated he supports staff recommendations. He stated the main reason is the<br />

statement on speed.<br />

Vote on Motion. (4/0)<br />

b. Approve Alternative 2 for the Jackman Street shared use path.<br />

Motion to approve by C. Wahl, seconded by P. Coenen.<br />

Chad Weyenberg stated council gave direction to install a shared use path as part <strong>of</strong> the<br />

Jackman Street Project. He stated we have been working with Bloom Companies and what<br />

we came up with is two alternatives. He proceeded to explain the two different alternatives.<br />

Randy Schultz, 730 S. State Street – he stated this project is in his back yard. He would like<br />

to know how it is going to affect his property and what it is going to look like. He stated he<br />

has done some improvements at the property and this looks like it will change it quite a bit.<br />

He asked if he will still have access to Jackman Street?<br />

Chad responded depending on what is done on the property you will have pedestrian access<br />

to Jackman Street.<br />

Mr. Schultz stated he is also concerned with the noise that this will create.<br />

Chad stated the retaining wall may block some <strong>of</strong> that noise.<br />

John Stoeger, 527 S. Story Street - owns the investment property to the west <strong>of</strong> the parking<br />

lot. He stated he likes the steps and is glad to see there will be no impact on their property.<br />

Alderperson Martin stated the slope decrease is a great accomplishment. He is supportive as<br />

is the neighborhood.<br />

Steve Kehn, 321 W Prospect Street – asked if the road is going to shift eliminating the<br />

sidewalks on the other side <strong>of</strong> the street?<br />

Chad stated the plan is to shift the road over 6’ to the east eliminating the sidewalk but<br />

allowing enough room on the other side to install the shared use path.<br />

Steve asked if there is any room on the other side for steps?<br />

Chad stated there is not a lot <strong>of</strong> available land on the other side for steps.<br />

Mr. Schultz asked if any trees will be lost?<br />

Chad stated yes, there will be trees lost due to the installation <strong>of</strong> the path and its slope.<br />

Alderperson Wahl asked if there is any plan to change the traffic control at the bottom <strong>of</strong> the<br />

hill?<br />

Director Vandehey stated we looked at it but it seems to be working so no changes are being<br />

recommended.<br />

Alderperson Clemons stated he appreciates staff coming to committee with choices and<br />

letting council decide.<br />

Vote on Motion. (4/0)


h. Request from <strong>Appleton</strong> Downtown, Inc. for a Street Occupancy Permit for the month <strong>of</strong><br />

June, 2013 to install fiber art in downtown on parking meters, bike posts, planter rails, trees<br />

and light poles.<br />

Motion to approve by G. Dannecker, seconded by P. Coenen.<br />

Jennifer Stephany, ADI- stated they would like permission to install “yarn bombing” on<br />

parking meters, bike posts, planters, trees and light poles. The <strong>of</strong>ficial name <strong>of</strong> this venture<br />

will be “Fiber Rain.” They are also working to partner with the Trout Museum and Building<br />

For Kids.<br />

Director Vandehey stated staff has no concerns. Staff has met with ADI to discuss how they<br />

would be installed and are comfortable with the project.<br />

Alderperson Martin stated he loves public art and supports this project.<br />

Alderperson Clemons stated this approval is for concept only and details will follow.<br />

Vote on Motion. (4/0)<br />

c. Approve contract with Bloom Companies, LLC to design the Jackman Street pavement from<br />

State Street to Water Street outside the 250 feet WisDOT limits, retaining wall, shared use<br />

path and stairs in an amount not to exceed $75,000.<br />

Motion to approve by C. Wahl, seconded by G. Dannecker.<br />

Vote on Motion. (4/0)<br />

d. Approve request, on behalf <strong>of</strong> the Ralph Kennedy Memorial, to install a flag pole in the<br />

island in the southeast corner <strong>of</strong> College Avenue and Memorial Drive intersection.<br />

Mayor Hanna shared that Ralph Kennedy had a vision to install flags marking the start and<br />

end <strong>of</strong> Memorial Drive. This project was one <strong>of</strong> his last wishes.<br />

Motion to approve by C. Wahl, seconded by G. Dannecker.<br />

Vote on Motion. (4/0)<br />

e. Approve sidewalk installation at Voster’s Park as part <strong>of</strong> the 2013 Concrete Paving Program<br />

as shown on the attached drawing.<br />

Alderperson Croatt stated there was a lengthy discussion held at the last Park & Recreation<br />

meeting. He stated we discussed the design <strong>of</strong> the sidewalk, if they are needed, connection<br />

<strong>of</strong> the park from one side to the other and if the sidewalks need to lead anywhere? He also<br />

stated discussion was held about the cost <strong>of</strong> the project.<br />

Director Vandehey stated the cost <strong>of</strong> the project will be very close whether curved sidewalks<br />

are put in or traditional sidewalks are installed along the right-<strong>of</strong>-way.<br />

Alderperson Croatt asked Director Vandehey to explain the sidewalk policy as it relates to<br />

this project.<br />

Director Vandehey stated the Sidewalk Installation Policy says that all arterial and collector<br />

streets have sidewalks. She stated Ashbury Drive is a collector street. She stated the policy<br />

then talks about streets around a park and the installation is based on need. Her response to<br />

that is Voster’s Park is in a subdivision that has sidewalks on all streets, including cul-desacs.<br />

The connectivity then is through sidewalks in the park.


Alderperson Clemons stated he is going to walk through the neighborhood to get a feel <strong>of</strong><br />

what the residents want.<br />

Alderperson Martin highly encourages sidewalks be installed for parents with strollers and<br />

ADA accessibility.<br />

Motion to hold by C. Wahl, seconded by G. Dannecker.<br />

Vote on Motion. (4/0)<br />

g. Award <strong>of</strong> 2013 Materials Testing Contract (M-13) to OMNNI Associates, Inc., in an amount<br />

not to exceed $100,000.<br />

Motion to approve by P. Coenen, seconded by G. Dannecker.<br />

Vote on Motion. (4/0)<br />

i. Award Traffic Sign Replacement Contract, Unit L-12, to 3M Company in an amount not to<br />

exceed $300,000.<br />

Motion to approve by G. Dannecker, seconded by C. Wahl.<br />

Vote on Motion. (4/0)<br />

j. Request from Mark’s East Side for a permanent street occupancy permit for the sign at 1405<br />

E. Wisconsin Avenue be approved with a minimum clearance <strong>of</strong> 10 feet.<br />

Motion to approve by G. Dannecker, seconded by C. Wahl.<br />

Alderperson Wahl what is city policy on graphic signs?<br />

Director Vandehey stated Municipal Services is in charge <strong>of</strong> the sign placement if in the<br />

street right-<strong>of</strong>-way. The actual sign itself will have to meet all the sign codes which is<br />

reviewed through Planning and Inspection staff.<br />

Vote on Motion. (4/0)<br />

INFORMATION ITEM<br />

a. Director’s Update<br />

• Tree planting at Riverside Cemetery<br />

Director Vandehey stated Attorney Walsh received notification from Riverside<br />

Cemetery due to the onset <strong>of</strong> cold weather the cemetery will plant the trees in Spring <strong>of</strong><br />

2013.<br />

b. Olde Oneida Street Bridge over the Fox River Project update.<br />

Chad Weyenberg updated the Committee and stated some <strong>of</strong> the bearings are in much worse<br />

condition than anticipated from the 2004 Bridge Condition Report. All the bearings will be<br />

repaired as part <strong>of</strong> the Local Bridge Program. He stated the contractor will be back out in<br />

January and this work will take about 8 weeks. In March they hope to have traffic back on<br />

the bridge. There will have to be some closures again in the Spring for punch list items,<br />

pavement marking, painting, etc. Additional project cost is estimated at $135,000 ($27,000<br />

local share).<br />

c. Building Inspections Division Permit Summary Comparison Report for November, 2012.


Director Vandehey reported 2012 permit numbers are up along with revenue in comparison<br />

to 2011.<br />

ADJOURNMENT<br />

Motion to adjourn by C. Wahl, seconded by G. Dannecker the meeting at 5:25 P.M. (4/0)


“…meeting community needs…enhancing quality <strong>of</strong> life.”<br />

REPORT OF THE CITY PLAN COMMISSION<br />

Meeting <strong>of</strong> December 10, 2012<br />

MEMBERS PRESENT: Curt Konetzke; Jeanine Knapp; Josh Dukelow, Vice-Chairperson;<br />

Mark Priddis; Mayor Tim Hanna, Chairperson; Ross Buetow<br />

MEMBERS EXCUSED: Lisa Carpiaux<br />

The <strong>City</strong> Plan Commission reports and recommends that:<br />

1. 2/3 VOTE REQUIRED Special Use Permit #12-12 – Nusara Yang, 122 W. Wisconsin<br />

Avenue, for alcohol sales in conjunction with a restaurant and commercial entertainment<br />

BE APPROVED (5/1- Konetzke) subject to the following conditions: (ATTACHMENT).<br />

Referred back from Common Council 11/7/12 by Alderperson Wahl.<br />

a. The serving and consumption <strong>of</strong> alcohol is limited to the interior 1 st floor <strong>of</strong> the<br />

existing building as shown on the Development Plan. Any future expansions for the<br />

serving and/or consumption <strong>of</strong> alcohol will require a new Special use Permit<br />

application to be applied for and approved.<br />

b. The applicant shall apply for and receive approval <strong>of</strong> a Liquor License from the<br />

<strong>City</strong> Clerk prior to serving or consuming alcohol on the premise.<br />

c. The use shall conform to the standards established on Chapter 9, Article III,<br />

Alcoholic beverages, <strong>of</strong> the <strong>Appleton</strong> Municipal Code.<br />

d. All applicable <strong>City</strong> <strong>of</strong> <strong>Appleton</strong> and State <strong>of</strong> Wisconsin Licensing, health, Building<br />

and Fire Codes must be met, and all necessary inspections must be conducted prior<br />

to issuance <strong>of</strong> an Occupancy Permit.<br />

e. Building capacity shall be determined based on the available number <strong>of</strong> parking<br />

spaces and the parking lot shall be striped according to the standards <strong>of</strong> 23-172 <strong>of</strong><br />

the <strong>City</strong> <strong>of</strong> <strong>Appleton</strong> Zoning Ordinance by June 30, 2013.<br />

December 19, 2012 Council Meeting<br />

____________________________________<br />

Mayor Tim Hanna<br />

Chairperson<br />

INFORMATIONAL


Page 2<br />

REPORT OF THE CITY PLAN COMMISSION<br />

Meeting <strong>of</strong> December 10, 2012<br />

1. The following item is anticipated to be reported out at the January 2, 2013 Common<br />

Council Meeting:<br />

a. The minutes from the November 12, 2012 meeting <strong>of</strong> the <strong>City</strong> Plan Commission were<br />

approved.<br />

b. Planned Development Rezoning # 8-12 – Corner Properties LLC to rezone 1910 E.<br />

Capitol Drive and 3601 Commerce Court from C-2 General Commercial District to<br />

PD/C-2 Planned Development/General Commercial District BE APPROVED (6/0)<br />

subject to the following conditions: (ATTACHMENT)<br />

i. Prior to Site Plan approval, CSM #12-15 shall be filed with the Community<br />

and Economic Development Department and recorded in the Outagamie<br />

County Register <strong>of</strong> Deeds <strong>of</strong>fice.<br />

ii. The Implementation Plan Document shall be revised to include the following<br />

standards <strong>of</strong> 23-66(h)(8)(a-f) Gasoline Sales:<br />

a. All outdoor storage and outdoor display areas shall comply with 23-<br />

46, Outdoor Storage and Display in Non-Residential Districts, <strong>of</strong> this<br />

chapter.


MINUTES<br />

CITY PLAN COMMISSION<br />

December 10, 2012<br />

4:00 P.M.<br />

PRESENT: Mayor Hanna, Commissioners R. Buetow, J. Dukelow, J. Knapp, M. Priddis<br />

Alderperson Konetzke<br />

EXCUSED: Commissioner L. Carpiaux<br />

ALSO PRESENT: Jeff Towne Community Development<br />

Don Harp Community Development<br />

Karen Harkness Director <strong>of</strong> Community Development<br />

Robert Krause 1316 N <strong>Appleton</strong> St., <strong>Appleton</strong><br />

Cheryl Krause 1316 N <strong>Appleton</strong> St., <strong>Appleton</strong><br />

Kathy Flores <strong>City</strong> <strong>of</strong> <strong>Appleton</strong><br />

Jim Walsh <strong>City</strong> Attorney<br />

Nusara Yang 806 W. Harris St., <strong>Appleton</strong><br />

Maryoua Thao 206 S. Memorial Dr., <strong>Appleton</strong><br />

Cher Thao 806 W. Harris St., <strong>Appleton</strong><br />

Churmgyia Thao 530 N. Rosemary St., <strong>Appleton</strong><br />

Kurt Xiong 3326 E. Forest St., <strong>Appleton</strong><br />

Nhazang Zang 1008 E. Mitchell Ave., <strong>Appleton</strong><br />

Sai Lee Thao 142 S. Lee St., <strong>Appleton</strong><br />

Robert Kraus 1316 N. <strong>Appleton</strong> St., <strong>Appleton</strong><br />

Anne Bremer 217 W. Summer St., <strong>Appleton</strong><br />

Bradley Shipps 1704 N. <strong>Appleton</strong> St., <strong>Appleton</strong><br />

Ger Xiong 2413 S. Clover Lane, <strong>Appleton</strong><br />

David O’Brien 3323 Bayridge Ct., Oneida<br />

Jared Schmidt 4664 Golden Pond Park, Hobart<br />

Christoph Wahl Alderperson, District 1<br />

Commissioner Dukelow called the <strong>City</strong> Plan Commission meeting to order at 4:00 P.M.<br />

MINUTES<br />

J. Dukelow moved, seconded by J. Knapp to approve minutes from the November 12, 2012<br />

meeting. (6/0)<br />

PUBLIC HEARINGS/ACTION ITEMS<br />

a. Planned Development Rezoning # 8-12 – Corner Properties LLC to rezone 1910 E.<br />

Capital Drive and 3601 Commerce Court from C-2 General Commercial District to<br />

PD/C-2 Planned Development/General Commercial District.


J. Towne stated both parcels are currently developed. The plan is to raze the current<br />

Hardees restaurant and replace it with a gas station/convenience store and car wash.<br />

Hardees would also relocate to that building. The current Hardees sign on the northern<br />

parcel would be used for the gas station and Hardees on Ballard Road and would be<br />

considered an <strong>of</strong>f premise sign.<br />

J. Towne stated the application asked for several implementation exceptions to the zoning<br />

code standards. This plan does adhere to the comprehensive plan and does meet several<br />

<strong>of</strong> the goals for economic development and community growth related to land use.<br />

Alderperson Konetzke asked if each exception is being looked at separately.<br />

Alderperson Konetzke asked why <strong>of</strong>f-street parking was an issue?<br />

J. Towne stated for retail we break the building down per square footage and that is why<br />

there is a large number required. If you think about a gas station and restaurant, normally<br />

people would be parked only for a few minutes at a gas station but longer at a restaurant.<br />

The numbers are high based on the usage.<br />

Alderperson Konetzke asked why the sign issue is not grandfathered in?<br />

J. Towne stated the 75’ sign on a separate parcel was approved in the past; however, an<br />

<strong>of</strong>f premise sign is not allowed under the current code. The rezoning and exception would<br />

allow the current sign to be used for this development and become a legal conforming<br />

sign for <strong>of</strong>f premise advertising.<br />

Alderperson Konetzke asked if there is a new ground sign?<br />

J. Towne stated yes. This would be an additional ground sign.<br />

Jared Schmidt stated the signs would not be the same size and one would be for Hardees<br />

and one for the gas station.<br />

J. Towne stated the ground sign would be similar to a column sign and be about 20’ <strong>of</strong>f<br />

the road. He stated there should not be any vision issues.<br />

J. Knapp asked if the islands are green islands?<br />

J. Towne stated there needs to be some landscaping on the islands.<br />

Mayor Hanna opened the Public Hearing.<br />

Bill Merrick, 3415 Commerce Ct., <strong>Appleton</strong> only had concerns regarding the<br />

landscaping.<br />

Mayor Hanna closed the Public Hearing.<br />

J. Towne stated he did receive two phone calls asking for clarification <strong>of</strong> the project and<br />

to let staff know there is a daycare in one <strong>of</strong> the buildings resulting in school bus traffic.<br />

Motion by J. Knapp, seconded by M. Priddis to approve Planned Development Rezoning<br />

# 8-12 – Corner Properties LLC to rezone 1910 E. Capital Drive and 3601 Commerce<br />

Court from C-2 General Commercial District to PD/C-2 Planned Development/General<br />

Commercial District, with the following issues being addressed:


1. Prior to Site Plan approval, CSM #12-15 shall be filed with the Community and<br />

Economic Development Department and recorded in the Outagamie County Register<br />

<strong>of</strong> Deeds <strong>of</strong>fice.<br />

2. The Implementation Plan Document shall be revised to include the following<br />

standards <strong>of</strong> 23-66(h)(8)(a-f) Gasoline Sales:<br />

e. All outdoor storage and outdoor display areas shall comply with 23-46, Outdoor<br />

Storage and Display in Non-Residential Districts, <strong>of</strong> this chapter.<br />

J. Dukelow asked what reasons they gave to the exceptions they are asking for?<br />

Jared Schmidt stated the owner <strong>of</strong> this property owns multiple locations similar to the one<br />

being proposed and he would like to keep them as similar as possible from community to<br />

community. The reason for the sign height exception is so everything can fit on the sign,<br />

such as the emblem, prices and their name. The exception to the <strong>of</strong>f-street parking is due<br />

to the different peak times for a gas station versus a restaurant and based on site<br />

experience there doesn’t seem to be an issue. He stated the flow <strong>of</strong> the development with<br />

the gas station and the car wash is why they asked for an exception to the landscaping.<br />

Alderperson Konetzke asked if the main building will only be the Hardees and the<br />

convenience store; there will be no other tenant?<br />

Jared Schmidt stated there is a third tenant.<br />

Alderperson Konetzke asked where is the signage for that business going to go?<br />

The representative stated there is a 3x5 wall mounted sign proposed.<br />

Alderperson Konetzke stated there was a lot <strong>of</strong> debate over the signing for the Home<br />

Depot which was a much larger piece <strong>of</strong> property. He feels there are a lot <strong>of</strong> exceptions<br />

being asked for with regard to this development and wonders if all the signage is going to<br />

be too much.<br />

J. Dukelow stated with the explanation given that these exceptions are being asked for<br />

because this establishment is part <strong>of</strong> larger enterprise and the exceptions are required for<br />

visual consistency across locations, helps him understand that these are not standards that<br />

are out <strong>of</strong> line with neighboring communities and makes him more willing to accept and<br />

to support this development.<br />

Director Harkness stated this is not an unusual request being so close to the highway to<br />

have the sign height elevated so the visibility is enhanced.<br />

R. Buetow stated typically some <strong>of</strong> these parking stalls will be used for snow storage. He<br />

asked if they will be removing the snow in the winter to keep all 66 stalls open for<br />

parking?<br />

Jared Schmidt stated yes.<br />

Vote on Motion. (6/0)<br />

b. Special Use Permit #12-12 – Nusara Yang, 122 W. Wisconsin Avenue, for alcohol sales<br />

in conjunction with a restaurant and commercial entertainment. Referred back from<br />

Common Council 11/7/12 by Alderperson Wahl.


Kathy Flores stated on November 17 th the first neighborhood meeting was held with<br />

about 15-20 people in attendance, noting the meeting went well and a tour was held. She<br />

added another meeting was held on December 1 st in which about 8 people attended/<br />

Mayor Hanna stated the question before this committee is whether this is an appropriate<br />

place to sell alcohol.<br />

Anne Bremer, 217 W. Summer St., <strong>Appleton</strong> is in support <strong>of</strong> this business. The owner is<br />

a responsible business owner and has the right to own and operate her business anywhere<br />

she wants.<br />

Bradley Shipps, 1704 N. <strong>Appleton</strong> St., <strong>Appleton</strong> attended the November 17 th meeting and<br />

supports this business. She felt the location is appropriate and moved to this area because<br />

<strong>of</strong> the diversity in the neighborhood.<br />

Robert Kraus, 1316 N <strong>Appleton</strong> St., <strong>Appleton</strong> said this is a quiet established<br />

neighborhood and the sale <strong>of</strong> alcohol will affect the neighborhood, adding the only<br />

commercial property adjacent to this property is a dry cleaner across the street. Because<br />

the area is all residential he felt parking and noise would be an issue. If this was a typical<br />

eatery open from 8 a.m.to 9 p.m. he would have no issues. He attended the open house<br />

and is concerned with some <strong>of</strong> the interior fixtures he saw and asked that the city protect<br />

the neighborhood and deny this request.<br />

Cheryl Krause, 1316 N <strong>Appleton</strong> St., <strong>Appleton</strong> stated those that live a block to blocks<br />

away from this business do not have concerns like the ones people have that live right<br />

next door. She said the business on Richmond Street does not have pool tables, a stage, or<br />

slot machines and the hours are 10:30 a.m. to 8:00 p.m.<br />

Phan Xiong, 337 W Wisconsin Ave., <strong>Appleton</strong> was thankful for the diversity that is<br />

embraced in this area and would like to see that continue with this business.<br />

Maryoua Thao, 206 S. Memorial Dr., <strong>Appleton</strong> supports Mrs. Yang to own her own<br />

business and felt this was about chasing the American dream and moving forward. She<br />

felt a business without the ability to serve alcohol does not survive in this area. He<br />

wanted to show support for Mrs. Yang and the fact that she is bringing jobs to the<br />

community.<br />

Nusara Yang said her dream was to open a business in America and one reason was to<br />

provide jobs for her family. She added she will be very conscious <strong>of</strong> the people she<br />

serves alcohol to.<br />

Motion to approve by J. Dukelow and seconded by J. Knapp the Special Use Permit #12-<br />

12 – Nusara Yang, 122 W. Wisconsin Avenue, for alcohol sales in conjunction with a<br />

restaurant and commercial entertainment to run with the land and with the following<br />

conditions:<br />

1. The serving and consumption <strong>of</strong> alcohol is limited to the interior 1 st floor <strong>of</strong> the<br />

existing building as shown on the Development Plan. Any future expansions for the<br />

serving and/or consumption <strong>of</strong> alcohol will require a new Special use Permit<br />

application to be applied for and approved.<br />

2. The applicant shall apply for and receive approval <strong>of</strong> a Liquor License from the <strong>City</strong><br />

Clerk prior to serving or consuming alcohol on the premise.


3. The use shall conform to the standards established on Chapter 9, Article III,<br />

Alcoholic beverages, <strong>of</strong> the <strong>Appleton</strong> Municipal Code.<br />

4. All applicable <strong>City</strong> <strong>of</strong> <strong>Appleton</strong> and State <strong>of</strong> Wisconsin Licensing, health, Building<br />

and Fire Codes must be met, and all necessary inspections must be conducted prior to<br />

issuance <strong>of</strong> an Occupancy Permit.<br />

5. Building capacity shall be determined based on the available number <strong>of</strong> parking<br />

spaces and the parking lot shall be striped according to the standards <strong>of</strong> 23-172 <strong>of</strong> the<br />

<strong>City</strong> <strong>of</strong> <strong>Appleton</strong> Zoning Ordinance by June 30, 2013.<br />

Alderperson Konetzke started he is struggling with this action item and supported the<br />

denial at the first meeting. He did attend one <strong>of</strong> the meetings which changed his outlook<br />

initially. He would like to give Yang an opportunity to have a business and feels<br />

everybody expects some sort <strong>of</strong> alcohol to be served in a restaurant and pool hall.<br />

Because <strong>of</strong> the area, was unsure if this was a good place for alcohol sales. He noted we<br />

have approved time limitations on permits in the past with a review in one year.<br />

Mayor Hanna said when he looks at this item and looks at what the responsibility is <strong>of</strong><br />

Plan Commission and that is, is this appropriate place to sell alcohol? The selling <strong>of</strong><br />

alcohol can take on many forms and he would like to see a wine and cheese bar on<br />

Wisconsin Avenue. If this were somewhere we could go and sit and have a glass a wine<br />

and sample cheese and such we would probably being saying great. Because we are<br />

talking about beer and pool and we need to be careful about the different personas that<br />

emanates. He added this is a commercial corridor and feels this is an appropriate place to<br />

sell alcohol and will support this item.<br />

J. Dukelow stated he will support this item.<br />

Vote on Motion. (5/1-Konetzke)<br />

INFORMATION ITEMS<br />

-NONE-<br />

ADJOURNMENT<br />

Motion by J. Dukelow seconded by J. Knapp to adjourn the meeting at 5:00 P.M. (6/0)


“…meeting community needs…enhancing quality <strong>of</strong> life.”<br />

REPORT OF THE UTILITIES COMMITTEE<br />

Meeting <strong>of</strong> December 11, 2012<br />

MEMBERS PRESENT: Alderperson Hill, Alderperson Jirschele, Alderperson Spears<br />

MEMBERS EXCUSED: Alderperson Baranowski, Alderperson Martin<br />

The Utilities Committee reports and recommends that:<br />

1. CRITICAL TIMING - 2013 A/C Stormwater Consulting Services Contract for 2013<br />

Stormwater Management Plan Reviews and 2013 Wetland Delineations BE AWARDED to<br />

AECOM in an amount not to exceed $85,000. (3/0)<br />

2. 2013 B Stormwater Consulting Services Contract BE AWARDED to Endpoint Solutions<br />

for the Bellaire Ravine Drainage Area Study Update in an amount not to exceed $45,975.<br />

(3/0)<br />

December 19, 2012 Council Meeting<br />

____________________________________<br />

Alderperson Jeff Jirschele<br />

Chairperson<br />

INFORMATIONAL<br />

1. The minutes from the November 13, 2012 meeting <strong>of</strong> the Utilities Committee were<br />

approved.<br />

2. The Utilities Committee went into closed session pursuant to State Statute 19.85(1)(e) for<br />

the purpose <strong>of</strong> discussion <strong>of</strong> negotiations for water meter purchases and then reconvened<br />

into open session.<br />

3. The Utilities Committee discussed the issued contracts to Absolute Asphalt for $4,795,<br />

Miller Masonry for $9,200, and Schmalz Landscaping for $4,971.06 for repairs to<br />

walkways and the parking lot at the Wastewater Plant.<br />

4. The Utilities Committee was updated on the award <strong>of</strong> Green Tier Project Consulting<br />

Services Contract to AECOM.<br />

5. The Utilities Committee discussed the BPW award <strong>of</strong> Unit G-13 Prospect Avenue Water<br />

Reservoir Demolition to Veit & Company, Inc. in the amount <strong>of</strong> $117,966.


Page 2<br />

REPORT OF THE UTILITIES COMMITTEE<br />

Meeting <strong>of</strong> December 11, 2012<br />

6. The Utilities Committee was updated on the Corrosion Mitigation Settlement Project at<br />

AWTF.<br />

7. The Utilities Committee discussed Change Order #1 to Coenen Mechanical for the<br />

Wastewater Sanitary Sewer Capacity Improvements Project to increase contract for<br />

equipment and labor in the amount <strong>of</strong> $2,010 resulting in a decrease <strong>of</strong> contingency from<br />

$6,000 to $3,990.


MINUTES<br />

UTILITIES COMMITTEE<br />

December 11, 2012<br />

6:00 P.M.<br />

PRESENT: Alderpersons Hill, Jirschele, and Spears<br />

EXCUSED: Alderperson Baranowski and Martin<br />

OTHERS PRESENT:<br />

Paula Vandehey Director <strong>of</strong> Public Works<br />

Chris Shaw Utilities Director<br />

Ellen Totzke Deputy <strong>City</strong> Attorney<br />

Pete Neuberger <strong>City</strong> <strong>of</strong> <strong>Appleton</strong> Civil Engineer<br />

Chairperson J. Jirschele called the meeting <strong>of</strong> the Utilities Committee to order at 6:04 P.M.<br />

MINUTES<br />

C. Spears, seconded by R. Hill moved to approve the Minutes <strong>of</strong> the November 13, 2012<br />

meeting. (3/0)<br />

APPEARANCES<br />

-NONE-<br />

ACTION ITEM<br />

a. CRITICAL TIMING - Award <strong>of</strong> 2013 A/C Stormwater Consulting Services Contract for<br />

2013 Stormwater Management Plan Reviews and 2013 Wetland Delineations to AECOM in<br />

an amount not to exceed $85,000.<br />

Motion to approve by C. Spears, seconded by R. Hill.<br />

Pete Neuberger stated the $85,000 is the amount we budgeted. The actual costs will be<br />

based on the number and complexity <strong>of</strong> the permit applications that we receive. He stated<br />

AECOM has a vast understanding <strong>of</strong> the <strong>City</strong>’s priorities and regulations and put together a<br />

proposal that reflects their expertise and capabilities.<br />

Director Vandehey stated as far as stormwater reviews, AECOM staff has been very<br />

responsive to the city. If there is a critical timing issue, they will drop what they are doing<br />

and redirect their focus to our needs.<br />

Alderperson Spears asked if the other firms that were sent the RFP have insight into what<br />

goes on in Public Works?<br />

Director Vandehey stated they can meet with Pete and Sue and discuss what the <strong>City</strong>’s<br />

expectations are.


Alderperson Spears asked if any <strong>of</strong> the firms did that?<br />

Pete stated yes. Four <strong>of</strong> the five firms came in and talked to us.<br />

Alderperson Spears said she wants to be fair and not just give the contract to AECOM<br />

because they have done business with us before.<br />

Alderperson Jirschele asked why it was stated in the memo if AECOM does a satisfactory<br />

job, Public Works would anticipate awarding this same contract to them in 2014 and 2015?<br />

Pete stated it is putting Utilities Committee on notice that Public Works will most likely be<br />

back next year with another contract recommendation but will have not gone through the<br />

RFP process. He stated it takes a lot <strong>of</strong> work for these firms to put together responses to<br />

these RFP’s.<br />

Vote on Motion. (3/0)<br />

b. Award <strong>of</strong> 2013 B Stormwater Consulting Services Contract to Endpoint Solutions for the<br />

Bellaire Ravine Drainage Area Study Update in an amount not to exceed $45,975.<br />

Motion to approve by C. Spears, seconded by R. Hill.<br />

Pete stated this area has been studied before and it was primarily to deal with some acute<br />

flooding problems that were experienced in the <strong>Appleton</strong> Papers area. He stated the storm<br />

events that we had in 2008 and 2010 had additional flooding which was not part <strong>of</strong> the<br />

original study. He stated as we tried to use the original study to find out why these other<br />

areas were flooded, we found it did not have enough detail sufficient enough to give us an<br />

answer. He stated we need to go back in and refine the model. He stated there is enough<br />

new work to be done that we decided not to just hand it all back over to AECOM who had<br />

done the original study.<br />

Pete stated Endpoint Solutions is being recommended because they are using an approach<br />

that allowed them to make the best use <strong>of</strong> the GIS data which helped them come in with a<br />

less expensive approach. He stated Endpoint Solutions is also recommending an inlet<br />

capacity analysis.<br />

Alderperson Hill stated he is glad to see another firm be the low bidder.<br />

Alderperson Jirschele asked why there is a similar paragraph in this memo as in the previous<br />

action item?<br />

Pete replied we hope in the process we identify some cost effective solutions and bring<br />

recommendations back to this committee for preliminary engineering, final design and<br />

construction. He stated Endpoint will have an advantage on other companies in advancing<br />

us through that process.<br />

Vote on Motion. (3/0)<br />

INFORMATION ITEMS<br />

a. Issued contracts to Absolute Asphalt for $4,795, Miller Masonry for $9,200, and Schmalz<br />

Landscaping for $4,971.06 for repairs to walkways and the parking lot at the Wastewater<br />

Plant.<br />

Director Shaw stated there was some extra deterioration <strong>of</strong> the concrete at the WWTP<br />

entrance. He stated it was a safety hazard and needed to be repaired. He also stated we took


advantage <strong>of</strong> this work being done to take an island out <strong>of</strong> the parking lot which inhibited<br />

parking and flow <strong>of</strong> the parking lot.<br />

b. Update on Award <strong>of</strong> Green Tier Project Consulting Services Contract to AECOM.<br />

Pete stated this contract is for $8,428. This is ground breaking work. AECOM<br />

demonstrated a great line <strong>of</strong> communication with DNR staff. He stated we are going to be<br />

developing a project that will take the lead in creating a water resource plan under the<br />

DNR’s pilot program. The State’s goal is to encourage communities to take a holistic<br />

approach to water resources. He stated this contractor will help us develop a scope for<br />

applying for grants.<br />

Alderperson Jirschele asked if other communities could be involved in the development <strong>of</strong> a<br />

plan?<br />

Pete stated one <strong>of</strong> the goals is to develop a water budget. He stated it is possible and a<br />

recommendation can be made to partner with other communities.<br />

c. BPW Award <strong>of</strong> Unit G-13 Prospect Avenue Water Reservoir Demolition to Veit &<br />

Company, Inc. in the amount <strong>of</strong> $117,966.<br />

d. Corrosion Mitigation Settlement Project at AWTF Update.<br />

Director Shaw stated this was a very successful long-term project. The only item left to<br />

finish is the pickling which is cleaning <strong>of</strong> the pipe surface corrosion with nitric acid paste<br />

and that will be done in our down time.<br />

e. Change Order #1 to Coenen Mechanical for the Wastewater Sanitary Sewer Capacity<br />

Improvements Project to increase contract for equipment and labor in the amount <strong>of</strong> $2,010<br />

resulting in a decrease <strong>of</strong> contingency from $6,000 to $3,990.<br />

Director Shaw stated additional safety factors came up during the course <strong>of</strong> the work which<br />

was not identified initially and that is the reason for the change order.<br />

CLOSED SESSION<br />

Motion by C. Spears that the Utilities Committee will go into closed session pursuant to<br />

State Statute 19.85(1)(e) for the purpose <strong>of</strong> discussion <strong>of</strong> negotiations for water meter<br />

purchases and then reconvene into open session, seconded by R. Hill. (3/0)<br />

The Committee met in closed session.<br />

C. Spears moved, seconded by R. Hill, the Utilities Committee RISE AND REPORT and<br />

reconvene into open session. (3/0)<br />

The Committee is back in Open Session.<br />

ADJOURNMENT<br />

C. Spears moved, seconded by R. Hill to adjourn the meeting at 6:52 P.M. (3/0)


“…meeting community needs…enhancing quality <strong>of</strong> life.”<br />

REPORT OF THE SAFETY AND LICENSING COMMITTEE<br />

Meeting <strong>of</strong> December 13, 2012<br />

MEMBERS PRESENT: Alderperson Clemons, Alderperson Mettille, Alderperson Oswald,<br />

Alderperson Plank, Alderperson Smith<br />

MEMBERS ABSENT: None<br />

The Safety and Licensing Committee reports and recommends that:<br />

1. The following Operator’s Licenses BE APPROVED: (5/0)<br />

Lisa M. Bakken 606 Taylor Street, Little Chute<br />

Linda M. Berge 1018 E. Lindbergh Street<br />

Jessie D. Black 533 N. Mary Street<br />

Brittany J. Coleman 2130 W. Russet Court, #7<br />

Erin E. Derus W5422 Krueger Road, Black Creek<br />

Craig A. DeValk 114 Elm Street, Combined Locks<br />

Dennis P. Eslinger 741 Depot Street, #8, Little Chute<br />

Erin L. Fragel 419 Kimberly Avenue, #F, Kimberly<br />

Louise M. Grant 1121 N. Union Street<br />

Katie L. Helbing 85 Valerie Drive<br />

Ruben Hernandez 47 Five Oaks Drive, Menasha<br />

Daniel P. Jahnke 329 E. North Street, Juneau<br />

Nicole M. Jung 1214 ½ N. Superior Street<br />

Manoj Kandel 1013 Lucerne Drive, #3A, Menasha<br />

Kathleen A. McCrary 1618 N. Racine Street<br />

Tammy J. Mehlberg 307 W. Weiland Avenue<br />

Guadalupe Miranda-Hernandez 47 Five Oaks Drive, Menasha<br />

Melissa M. Oakes 933 W. Spring Street


Page 2<br />

REPORT OF THE SAFETY AND LICENSING COMMITTEE<br />

Meeting <strong>of</strong> December 13, 2012<br />

Bishau Sapkota 1005 Lucerne Drive, #2D, Menasha<br />

John H. Scheibe 714 W. Frances Street<br />

Anna M. Schlagenhaft 2424 Jonathon Drive<br />

Courtney G. Schroeder 1634 E. Harding Drive, #5<br />

Courtney C. Steile 711 E. Boldt Way, SPC #1393<br />

Joel B. Stensberg 122 Prairie Court<br />

Joanna S. Thompson N448 Maple Ridge Drive<br />

Matthew J. Ukasick 1606 Acorn Court, Menasha<br />

Nichole M. VanHout N210 State Park Road<br />

Cynthia Vargas 2713 N. Locust Street<br />

Aubree L. Wenzel 1920 Anita Court<br />

Tiffany R. Williams 1035 S. Christine Street<br />

Dione M. Wise 1211 E. Jardin Street<br />

2. The Fire Department request to Purchase Thermal Imaging Cameras BE APPROVED.<br />

(5/0)<br />

3. The Secondhand Mall/Flea Market License application <strong>of</strong> James A. Emmers d/b/a<br />

Rummage Bonanza at 2639 South Oneida Street, Suite 3, BE APPROVED contingent upon<br />

approvals from all departments. (5/0)<br />

4. The Renewal Secondhand Article Dealer License application <strong>of</strong> Daniel J. Quella d/b/a Now<br />

That is Cool, 1218 South Madison Street BE APPROVED contingent upon approvals from<br />

all departments. (5/0)<br />

5. The Committee REAFFIRMS its previous recommendation that: The Police Department<br />

request to approve cancellation <strong>of</strong> Tactical Response Agreement with the Town <strong>of</strong> Grand<br />

Chute BE APPROVED. (5/0)<br />

December 19, 2012 Council Meeting<br />

____________________________________<br />

Alderperson Kathleen S. Plank<br />

Chair<br />

INFORMATIONAL<br />

1. The minutes from the November 29, 2012 meeting <strong>of</strong> the Safety and Licensing Committee<br />

were approved.<br />

2. Directors Reports – See Minutes for details


• <strong>City</strong> Clerk<br />

• Fire Chief<br />

• Police Chief<br />

Page 3<br />

REPORT OF THE SAFETY AND LICENSING COMMITTEE<br />

Meeting <strong>of</strong> December 13, 2012<br />

Police Department Weekly Report<br />

3. Information on liquor law violation convictions.<br />

4. No Operator’s License applicants have failed to show their certificate <strong>of</strong> completion <strong>of</strong> the<br />

responsible beverage service course, resulting in expiration <strong>of</strong> no Provisional Operator’s<br />

License.<br />

5. There were no Operator’s Licenses to be approved contingent upon completion <strong>of</strong> the<br />

Responsible Beverage Servers Course.<br />

6. The Special Class “B” Beer License application <strong>of</strong> AAF-Fox River Ad Club, Matt J.<br />

Bellisle, Person in Charge, 101 West Edison Avenue, Suite 190, December 13, 2012, BE<br />

APPROVED contingent upon approvals from all departments. (5/0)<br />

7. There were no Special Class “B” Beer License applications filed after the Agenda was<br />

published.<br />

8. No Special Event Licenses have been issued since the last meeting.<br />

9. The next Safety and Licensing Committee meeting will be held on January 10, 2013.


SAFETY AND LICENSING COMMITTEE<br />

MINUTES<br />

December 13, 2012<br />

4:30 P.M.<br />

PRESENT: Alderpersons Clemons, Mettille, Oswald, Plank and Smith<br />

EXCUSED:<br />

OTHERS<br />

PRESENT: Char Peterson <strong>City</strong> Clerk<br />

Len Vander Wyst Fire Chief<br />

Pete Helein Police Chief<br />

Mayor Hanna Mayor<br />

Jim Walsh <strong>City</strong> Attorney<br />

Dave Schowalter Town <strong>of</strong> Grand Chute Chairman<br />

Chris Croatt Alderperson District #14<br />

Chairperson Plank called the meeting to order at 4:30 P.M.<br />

K. Oswald moved, seconded by M. Smith to approve the Minutes <strong>of</strong> the November 29, 2012<br />

meeting. (5/0)<br />

APPEARANCE<br />

-NONE-<br />

ACTION ITEMS<br />

g. Special Class “B” Beer License application <strong>of</strong> AAF-Fox River Ad Club, Matt J. Bellisle,<br />

Person in Charge, 101 West Edison Avenue, Suite 190, December 13, 2012, contingent upon<br />

approvals from all departments.<br />

Motion to approve by J. Clemons, seconded by T. Mettille.<br />

Matt Bellisle, President <strong>of</strong> the club. He stated this is going to be a fundraiser and social event<br />

for advertising pr<strong>of</strong>essionals.<br />

Vote on Motion. (5/0)<br />

a. Operator’s Licenses.<br />

Lisa M. Bakken 606 Taylor Street, Little Chute<br />

Linda M. Berge 1018 E. Lindbergh Street<br />

Jessie D. Black 533 N. Mary Street<br />

Brittany J. Coleman 2130 W. Russet Court, #7<br />

Erin E. Derus W5422 Krueger Road, Black Creek<br />

Craig A. DeValk 114 Elm Street, Combined Locks<br />

Dennis P. Eslinger 741 Depot Street, #8, Little Chute<br />

Erin L. Fragel 419 Kimberly Avenue, #F, Kimberly


Louise M. Grant 1121 N. Union Street<br />

Katie L. Helbing 85 Valerie Drive<br />

Ruben Hernandez 47 Five Oaks Drive, Menasha<br />

Daniel P. Jahnke 329 E. North Street, Juneau<br />

Nicole M. Jung 1214 ½ N. Superior Street<br />

Manoj Kandel 1013 Lucerne Drive, #3A, Menasha<br />

Kathleen A. McCrary 1618 N. Racine Street<br />

Tammy J. Mehlberg 307 W. Weiland Avenue<br />

Guadalupe Miranda-Hernandez 47 Five Oaks Drive, Menasha<br />

Melissa M. Oakes 933 W. Spring Street<br />

Bishau Sapkota 1005 Lucern Drive, #2D, Menasha<br />

John H. Scheibe 714 W. Frances Street<br />

Anna M. Schlagenhaft 2424 Jonathon Drive<br />

Courtney G. Schroeder 1634 E. Harding Drive, #5<br />

Courtney C. Steile 711 E. Boldt Way, SPC #1393<br />

Joel B. Stensberg 122 Prairie Court<br />

Joanna S. Thompson N448 Maple Ridge Drive<br />

Matthew J. Ukasick 1606 Acorn Court, Menasha<br />

Nichole M. VanHout N210 State Park Road<br />

Cynthia Vargas 2713 N. Locust Street<br />

Aubree L. Wenzel 1920 Anita Court<br />

Tiffany R. Williams 1035 S. Christine Street<br />

Dione M. Wise 1211 E. Jardin Street<br />

b. Operator’s Licenses contingent upon completion <strong>of</strong> the Responsible Beverage Servers<br />

Course<br />

None.<br />

d. Fire Department request to Purchase Thermal Imaging Cameras.<br />

e. Secondhand Mall/Flea Market License application <strong>of</strong> James A. Emmers d/b/a Rummage<br />

Bonanza at 2639 South Oneida Street, Suite 3, contingent upon approvals from all<br />

departments.<br />

f. Renewal Secondhand Article Dealer License application <strong>of</strong> Daniel J. Quella d/b/a Now That<br />

is Cool, 1218 South Madison Street contingent upon approvals from all departments.<br />

Motion to approve J. Clemons, seconded by T. Mettille (items a, d, e and f).<br />

Vote on Motion. (5/0)<br />

c. REFERRED BACK FROM 12/5/12 COUNCIL/CROATT; Police Department request to<br />

approve cancellation <strong>of</strong> Tactical Response Agreement with the Town <strong>of</strong> Grand Chute BE<br />

APPROVED. (5/0)<br />

Motion to reaffirm by J. Clemons, seconded by M. Smith.<br />

Alderperson Croatt stated he has been asked many times why he referred this item back. He<br />

stated he believes after a discussion he had with the Mayor that there was still an opportunity<br />

to find a resolution to this. He hoped that leaders from both communities would come<br />

together and have a discussion and try to come sort <strong>of</strong> resolution. He does not have an


update to any progress. He stated he would like to see this come to a resolution and work<br />

with our neighbors because that is important as we look at other things we are doing in the<br />

Fox Valley.<br />

Chief Helein stated he met with the Mayor today to discuss this topic and continued to talk<br />

about possibilities and outcomes but at the end <strong>of</strong> the meeting he stands by his original<br />

recommendation and asks for the support <strong>of</strong> this committee.<br />

Dave Schowalter, Town <strong>of</strong> Grand Chute Chairman – he stated he speaks on behalf <strong>of</strong> the<br />

Town <strong>of</strong> Grand Chute and wants to make it perfectly clear that there is no one in the Town <strong>of</strong><br />

Grand Chute that wishes to end the SWAT agreement. He stated there was a meeting held on<br />

November 7 th between the two police chiefs, the Mayor and himself. He stated the parties<br />

left the meeting with the understanding that we do not care who comes out on a SWAT<br />

event. He stated that comes from our Chief and the <strong>of</strong>ficers in our police department. He<br />

stated there was a billing discrepancy and the Mayor and he have talked about that and that<br />

can be resolved. He stated we had two SWAT calls prior to this last one and nothing was<br />

ever mentioned to anyone about who was at those calls. He stated it was never an issue. The<br />

issue came up when we had a problem with the billing. He stated, in his opinion, it has<br />

nothing to with philosophical differences; it only has something to do with the billing. The<br />

agreement clearly states who is in charge at a SWAT scene and it is a good agreement. He<br />

stated we could go back to Outagamie County SWAT services at no charge, but we like<br />

<strong>Appleton</strong>’s team.<br />

Mayor Hanna stated there is a difference <strong>of</strong> opinion and he has tried to find some common<br />

ground. He stated it is very important the city have a good relationship with the Town <strong>of</strong><br />

Grand Chute, they are our neighbors. We share this community with our neighbors. What<br />

they do affects us and what we do affects them. The relationship is what is important to him.<br />

He stated it is up to this committee to do what is best for the <strong>City</strong>.<br />

Alderperson Oswald asked what the city’s position is on the billing difference?<br />

Mayor Hanna stated under the agreement the first two SWAT call outs are at no charge.<br />

Chief Helein sent a bill for the third SWAT call out which included a line for the Chiefs time<br />

on the call out. He stated that is what Grand Chute questioned. Is Chief Helein part <strong>of</strong> the<br />

SWAT team? He stated that is what has lead to the discussion on who should be present at a<br />

call out. He stated it is the chief’s choice to go out on these calls. The liability lies under<br />

Grand Chute during SWAT calls. He stated the SWAT team is acting on their behalf when<br />

in Grand Chute. He stated on SWAT call out it is Grand Chutes responsibility for<br />

management <strong>of</strong> the incident. He stated the perimeter, traffic control and whatever else needs<br />

to be done outside the tactical responds to the SWAT team and none <strong>of</strong> those agreements<br />

have been broken. He stated Grand Chute does not care if the Chief is there, but they do not<br />

feel they should have to pay for his time. That is what the dispute is all about.<br />

Alderperson Clemons asked if that has been resolved?<br />

Mayor stated no, because it has grown into something bigger.<br />

Alderperson Clemons stated he understands that and it looks like it has been whittled down<br />

to one point which was misunderstanding and Grand Chute is fine with the chief being there<br />

they just do not want to pay for his time. He stated that is a pretty big deal.<br />

Mayor Hanna stated it is $186.00.


Alderperson Clemons stated it is not the dollar amount we are still at a disagreement. We<br />

held this for quite some time as the discussions were being held and our chief was very<br />

reserved and did not say a word until the timing was right and then he made his statement<br />

and we voted on it. Alderperson Clemons asked the Mayor if there was anything that led to<br />

him thinking there was ongoing discussion because the Mayor was given an opportunity to<br />

talk at the meeting and he did not say anything and then Alderperson Croatt is referring it<br />

back after speaking with Mayor. He asked if there is something that the committee was<br />

missing?<br />

Mayor Hanna stated he is interested in the relationship with Grand Chute. Yes there is<br />

ongoing discussion about this. If he had his choice we would not do this but the Chief feels<br />

strongly about this and he needs to support our Police department.<br />

Alderperson Clemons asked Chief Helein for clarification if he were to respond to a SWAT<br />

incident in Grand Chute he is not in charge <strong>of</strong> that SWAT team.<br />

Chief Helein stated that is correct. He stated he is there to support the SWAT commander.<br />

He stated that issue has not been questioned. He stated he wants to make it clear that his<br />

recommendation is based on a series <strong>of</strong> conversations that he had with Chief Peterson. The<br />

first time he was made aware <strong>of</strong> dispute about the command staff and whether the chief and<br />

deputy chief should respond was in May. He stated he can assure based on his assessment<br />

and understanding through all the meetings he does not believe it is a billing issue. He stated<br />

he believes it is a lack <strong>of</strong> support because Chief Peterson doesn’t believe that the <strong>City</strong> <strong>of</strong><br />

<strong>Appleton</strong> Chief and Deputy Chief <strong>of</strong> Police have a role there.<br />

Alderperson Clemons stated this is bigger than $186.00. He stated if there is any uncertainty<br />

in a life and death situation, he believes we should support our chief.<br />

Alderperson Oswald asked Chief Helein if Grand Chute paid the $186.00 any charges <strong>of</strong><br />

your time going forward would it still be your recommendation to terminate this agreement.<br />

Chief Helein replied yes.<br />

Alderperson Plank stated she agrees with the Mayor and what has been said up in terms that<br />

at this point and time we differ to the recommendation <strong>of</strong> our chief serving the <strong>City</strong> <strong>of</strong><br />

<strong>Appleton</strong> first. This does not mean that it negates other working relationships and<br />

agreements with surrounding municipalities. She stated in the large scope <strong>of</strong> things it is an<br />

important but small blip on the screen and we need to move forward with the<br />

recommendation brought in front <strong>of</strong> us.<br />

Alderperson Croatt stated he will support the recommendation <strong>of</strong> the committee. The intent<br />

<strong>of</strong> the refer back was not that he didn’t agree with it, it was to allow more time for the<br />

situation to be resolved.<br />

Vote on Motion. (5/0)<br />

INFORMATION ITEM<br />

a. Directors Reports<br />

• <strong>City</strong> Clerk


Clerk Peterson stated the 4,505 voter registration applications have all been entered.<br />

Working on the Election Voting & Registration Statistics Report and sending out letters<br />

to those voters who had errors on their registration forms.<br />

Clerk Peterson stated three candidates have filed nomination papers, Alderperson<br />

Stueck for District #9, Kyle Lobner for District #13 and Alderperson Konetzke for<br />

District #3.<br />

Clerk Peterson stated she is in the progress <strong>of</strong> introducing herself to the four school<br />

districts that represent the <strong>City</strong> <strong>of</strong> <strong>Appleton</strong>.<br />

Clerk Peterson stated her <strong>of</strong>fice is in the process <strong>of</strong> the annual renewal <strong>of</strong> the Alarm<br />

Permits and Secondhand Dealers Permits.<br />

• Fire Chief<br />

Chief Vander Wyst gave another overtime update. We had two more injuries reported.<br />

One was work related and one was not. The overtime budget is currently at $320,000.<br />

Chief Vander Wyst stated interviews were held to establish a 2013 eligibility list. Of<br />

the 11 candidates interviewed during the Chief’s panel interview 7 will be going to the<br />

Police and Fire Commission on January 8 th and 10 th for final authorization interviews<br />

on hiring and the rest will be on the eligibility list.<br />

Chief Vander Wyst stated they are on Phase III <strong>of</strong> the Smoke Detector installation<br />

program. The Fire Department have been in 882 homes and installed 1,320 smoke<br />

detectors.<br />

• Police Chief<br />

Chief Helein stated he continues to work with Outagamie County Sherriff‘s Department<br />

on the joint venture <strong>of</strong> the Community Resource Unit. The unit teams up our<br />

investigators and <strong>of</strong>ficers with 2 deputies to tackle gang and drug issues through<br />

Outagamie County.<br />

b. Information on liquor law violation convictions. There was no information presented.<br />

c. No Operator’s License applicants have failed to show their certificate <strong>of</strong> completion <strong>of</strong> the<br />

responsible beverage service course, resulting in expiration <strong>of</strong> no Provisional Operator’s<br />

License.<br />

d. No Special Event Licenses have been issued since the last meeting.<br />

e. The next Safety and Licensing Committee meeting will be held on January 10, 2013.<br />

ADJOURNMENT:<br />

M. Smith moved, seconded by K. Plank to adjourn the meeting at 4:55 P.M. (5/0)


“…meeting community needs…enhancing quality <strong>of</strong> life.”<br />

REPORT OF THE COMMUNITY AND ECONOMIC DEVELOPMENT COMMITTEE<br />

Meeting <strong>of</strong> December 10, 2012<br />

MEMBERS PRESENT: Alderperson Coenen, Alderperson Jirschele, Alderperson Konetzke,<br />

Alderperson Stueck, Alderperson Wahl<br />

MEMBERS ABSENT: None<br />

The Community and Economic Development Committee reports and recommends that:<br />

1. Approval <strong>of</strong> Business/Industrial Park Land Prices. BE APPROVED (5/0).<br />

2. CDBG Policy Amendment. BE APPROVED (5/0).<br />

3. 2013 CDBG Funding Allocation Recommendations. BE APPROVED (4/1 – Wahl).<br />

December 19, 2012 Council Meeting<br />

____________________________________<br />

Alderperson Stueck<br />

Chairperson<br />

INFORMATIONAL<br />

1. The minutes from the October 22, 2012 meeting <strong>of</strong> the Community and Economic<br />

Development Committee were approved.


MINUTES<br />

COMMUNITY & ECONOMIC DEVELOPMENT COMMITTEE<br />

December 10, 2012<br />

5:00 P.M.<br />

PRESENT: Alderpersons Coenen, Konetzke, Jirschele, Stueck, and Wahl<br />

EXCUSED:<br />

OTHERS<br />

PRESENT:<br />

Monica Klaeser Deputy Director Community Development<br />

Karen Harkness Director Community Development<br />

Ellen Totzke Deputy <strong>City</strong> Attorney<br />

Joe Martin Alderperson District #4<br />

Matt Rehbein Economic Development Specialist<br />

Roxy Schmidt Community Development Specialist<br />

Chairperson Stueck called the meeting to order at 5:06 P.M.<br />

MINUTES<br />

K. Konetzke moved seconded by C. Wahl to approve the Minutes <strong>of</strong> the October 22, 2012<br />

meeting. (5/0)<br />

APPEARANCES<br />

-NONE-<br />

ACTION ITEM<br />

a. Approval <strong>of</strong> Business/Industrial Park Land Prices.<br />

Motion to approve by C. Wahl, seconded by P. Coenen.<br />

Matt Rehbein stated a survey was done <strong>of</strong> what is available and what has been sold recently.<br />

He stated there has not been a lot <strong>of</strong> movement on industrial park land in the Fox Cities area.<br />

The recommendation is to keep the prices as is.<br />

Alderperson Konetzke asked why we don’t run a sale?<br />

Matt stated we can try that but there is just not enough interest in purchasing land right now.<br />

A TIF district can make up some <strong>of</strong> the infrastructure costs. He does not feel running a sale<br />

would make a big difference.<br />

Alderperson Stueck asked for some examples <strong>of</strong> how TIF district dollars can help the buyer?<br />

Matt stated it can help fund some <strong>of</strong> the infrastructure costs and <strong>of</strong>fset some <strong>of</strong> the land costs.


Deputy Director Klaeser stated it depends on the scale <strong>of</strong> the project. She gave the example<br />

<strong>of</strong> the Time Warner Cable project we are looking at an <strong>of</strong>fset to the development costs over a<br />

period <strong>of</strong> time which was financed through developer finance TIF’s so we are paying a<br />

portion <strong>of</strong> their taxes they are paying every year.<br />

Vote on Motion. (5/0)<br />

b. CDBG Policy Amendment.<br />

Roxy Schmidt stated the amendment is to clean up some language clarification when it<br />

comes to subrecipients, removing the 10% cap that was set a few years ago and let the cap be<br />

15% which is the percentage set by HUD and allowing city programs to propose public<br />

services activities prior to the subrecipient application process.<br />

She stated she researched why the 10% cap was imposed and really could not find anything<br />

and feels this is an additional layer that is not needed.<br />

Alderperson Stueck asked if we will need to meet the 15% cap or can we go lower?<br />

Roxy stated it can go up to 15% or it can be lower.<br />

Motion to approve by C. Wahl, seconded by P. Coenen.<br />

Vote on Motion. (5/0)<br />

c. 2013 CDBG Funding Allocation Recommendations.<br />

Roxy stated she needs to have the $63,000 allocated to the Community partners program so<br />

that she can complete the 2013 Action Plan to HUD by February 15 th . She needs committee’s<br />

direction on how these dollars are to be spent.<br />

Director Harkness stated the amount being allocated is an estimate and reflects an 11.6%<br />

reduction in funding.<br />

Roxy stated since we do not know the amount <strong>of</strong> funding yet, the information she provided is<br />

a snap shot <strong>of</strong> how the money was used in the past.<br />

Alderperson Konetzke asked why the Administrative costs are down.<br />

Director Harkness stated in 2012 we budgeted $35,000 for contractual services for the CDBG<br />

program to help oversee the transition from Finance administering the program to<br />

Community Development administering the program.<br />

Deputy Director Klaeser wanted to remind the committee we are still looking at a base level<br />

<strong>of</strong> the award to be $10,000.<br />

Motion to award $30,000 to Public Service and $33,000 to the non-homeless, special needs<br />

housing and if there are any funding shortfalls that it be taken out <strong>of</strong> the $33,000 by K.<br />

Konetzke, seconded by C. Wahl.<br />

Alderperson Jirschele asked what the non-homeless housing represents?<br />

Director Harkness asked for names <strong>of</strong> possible public service recipients be read into the<br />

record.


Alderperson Jirschele read from the Consolidated Plan Executive summary that it consists <strong>of</strong><br />

housing for elderly, frail elderly, severely mentally ill, physically disabled, developmentally<br />

disabled, and alcohol and other drug addictive persons. He asked which groups would fall<br />

into these categories?<br />

Roxy stated Rebuilding Together, Habitat for Humanity, Valley Packaging.<br />

Roxy stated those groups would consist <strong>of</strong> FISC, Leaven, Harbor House, Emergency Shelter,<br />

Fox Valley Literacy Program and Boys and Girls Club.<br />

Alderperson Stueck stated he is concerned we may be limiting the non-pr<strong>of</strong>its that will apply<br />

for funding by allocating these funds this way.<br />

Roxy stated she feels the organizations know that money is available and will still apply.<br />

Alderperson Stueck asked if we have to keep to these recommendations? Can the amounts be<br />

changed?<br />

Roxy stated the only time we would have to amend is if we switched 15% <strong>of</strong> the award to a<br />

different category.<br />

Vote on Motion. (4/1-Wahl)<br />

INFORMATION ITEM<br />

-NONE-<br />

ADJOURNMENT<br />

Motion to adjourn by K. Konetzke, seconded by C. Wahl. Meeting was adjourned at 5:34PM.<br />

(2/0)


“…meeting community needs…enhancing quality <strong>of</strong> life.”<br />

REPORT OF THE PARKS & RECREATION COMMITTEE<br />

Meeting <strong>of</strong> December 12, 2012<br />

MEMBERS PRESENT: Alderperson Croatt, Alderperson Oswald, Alderperson Smith,<br />

Alderperson Spears, Alderperson Wahl<br />

MEMBERS ABSENT: None<br />

The Parks & Recreation Committee reports and recommends that:<br />

1. The <strong>City</strong>’s Pool Rental, Reservation and General Use Policy BE APPROVED (4/0 – Smith<br />

absent from room).<br />

2. The Request from the YMCA to use Erb Pool for Swim Meets in 2013 BE APPROVED<br />

(4/1 Wahl). Attachment A<br />

3. A 2013-2014 reciprocity agreement with the <strong>City</strong> <strong>of</strong> Menasha BE APPROVED (5/0).<br />

4. The request on behalf <strong>of</strong> the Ralph Kennedy Memorial to install flag poles in Veterans Park<br />

and the island in the College/Memorial intersection BE APPROVED (5/0).<br />

December 19, 2012 Council Meeting<br />

____________________________________<br />

Alderperson Chris Croatt<br />

Chairperson<br />

INFORMATIONAL<br />

1. The minutes from the November 28, 2012 meeting <strong>of</strong> the Parks & Recreation Committee<br />

were approved (5/0).<br />

2. Update from <strong>Appleton</strong> Ice, Inc. on the <strong>Appleton</strong> Family Ice Center.<br />

3. Reid Golf Course Stormwater Project Update.<br />

4. Director’s Report.<br />

5. The sidewalk installation at Vosters Park as part <strong>of</strong> the 2013 concrete paving program BE<br />

HELD until the 1-9-13 Meeting (5/0).


MINUTES<br />

PARKS & RECREATION COMMITTEE<br />

December 12, 2012<br />

6:00 P.M.<br />

PRESENT: Alderpersons Croatt, Oswald, Smith, Spears, and Wahl<br />

EXCUSED: -NONE-<br />

OTHERS<br />

PRESENT:<br />

Dean Gazza Director, Parks, Recreation & Facilities Management<br />

Stacey Doucette Attorney, <strong>City</strong> <strong>of</strong> <strong>Appleton</strong><br />

Joe Martin Alderperson, District #4<br />

Laird Strand 4715 N Brookshire Dr., <strong>Appleton</strong><br />

Scott Horman N3259 Feather Ridge Dr., <strong>Appleton</strong><br />

Jean Marie Hinds 4819 N Apple Rd., <strong>Appleton</strong><br />

Pam Holdorf 3931 E. Ashbury Dr., <strong>Appleton</strong><br />

Millaine Thiel 236 River Dr., <strong>Appleton</strong><br />

Sabrina Wolter W4579 Edward St., <strong>Appleton</strong><br />

Lexi Kersten 2509 E Gatewood Dr., <strong>Appleton</strong><br />

Kyle Lobner 3920 E Ashbury Dr., <strong>Appleton</strong><br />

Greg Dannecker Alderperson District #6<br />

Jim Clemons Alderperson District #13<br />

John Funk Fox Valley Lutheran High School<br />

Brandon Flenz Fox Valley Lutheran High School<br />

Bill Lecker Superintendent <strong>of</strong> Parks & Recreation<br />

Chairperson Croatt called the meeting to order at 6:01 P.M.<br />

MINUTES:<br />

M. Smith moved, seconded by C. Spears to approve the minutes <strong>of</strong> the November 28, 2012<br />

meeting. (5/0)<br />

APPEARANCES<br />

-NONE-<br />

INFORMATION ITEMS<br />

a. Update from <strong>Appleton</strong> Ice, Inc. on the <strong>Appleton</strong> Family Ice Center<br />

Scott Horman, Board President <strong>of</strong> <strong>Appleton</strong> Ice, Inc. stated that <strong>Appleton</strong> Ice, Inc. was<br />

formed in 1996 to oversee the construction <strong>of</strong> the <strong>Appleton</strong> Family Ice Center. He stated its<br />

mission is to provide an environment that is safe, clean and friendly for ice sports. There are<br />

many user groups-Hockey Association and the Figure Skating Club, <strong>Appleton</strong> Boys and<br />

Girls Hockey, Lawrence University Hockey Team, Ice Dogs, Ice Cats and Fox Cities Star


Girls Hockey. He stated 54% <strong>of</strong> the revenue comes from these user groups. The other 46%<br />

comes from sponsorships, programming and concessions. He stated the board is currently<br />

trying to stabilize the rates and hopes to lower the rates in the future. In 2011 they put new<br />

lighting fixtures in the locker rooms and rink and this year they replaced the compressor<br />

system. Horman stated future projects are a locker room expansion, fitness center, second<br />

sheet <strong>of</strong> ice, sponsorship campaign, and hosting a summer event.<br />

Alderperson Smith asked if the locker room expansion and fitness center is only for<br />

Lawrence?<br />

Horman stated the locker room would be for Lawrence, and the fitness center would be<br />

available to all users.<br />

Alderperson Spears asked if they base their fees on how many sponsorship they have? Is it a<br />

set standard from year to year?<br />

Horman responded by saying we ask the user groups in May to provide to them a schedule <strong>of</strong><br />

what their year is going to look like from October to March. We then prepare a schedule for<br />

the ice by July 1 st . He stated the rates are set before July 1 st based on the revenue that they<br />

know they will collect in rent from the users groups.<br />

Alderperson Oswald asked if they are afraid <strong>of</strong> losing Lawrence’s money if they were to<br />

build their own facility?<br />

Horman stated no, the loss <strong>of</strong> that revenue would be made up for right away with other user<br />

groups who would rent the ice.<br />

ACTION ITEMS:<br />

d. Approve sidewalk installation at Vosters Park as part <strong>of</strong> the 2013 concrete paving program as<br />

shown in the attached drawing (Attachments D1 & D2).<br />

Director Gazza stated he went back and reviewed the original plan from 2006 and what the<br />

plan was for the sidewalks in the park. He stated the new plan he is presenting tonight<br />

reflects what the council approved in 2010 for the master plan <strong>of</strong> the park.<br />

Director Gazza stated this is a rural park setting and we want to create a rural fit for it. He<br />

stated this is a passive park and the curved sidewalks add to that rural feeling and is the trend<br />

in today’s park designs. He stated in the master plan there was a proposed playground and<br />

pavilion. The use <strong>of</strong> this park is for picnic areas and open green space.<br />

Alderperson Clemons agrees with Director Gazza that this is a passive park. It was built with<br />

the intention there would be no organized sports but a place to come and throw a ball around.<br />

He stated this item was held at Municipal Services Committee so that they could get input<br />

from this Committee if sidewalks are supported.<br />

Tom Werth, 4836 N. Sourapple Dr. stated the neighborhood is split 50/50 on the sidewalks.<br />

He asked where is the sidewalk on Ashbury Dr going to be? He stated if the sidewalks go<br />

back any further than 9’ from the curb, there will be an impact on the trees.<br />

Director Gazza stated by looking at the plan, they will be installed 21.5’ from the road to the<br />

back <strong>of</strong> the sidewalk. He stated he knows the intent is not to take down any trees.<br />

Jean Marie Hinds, 4819 N. Apple Rd. stated she does not see the necessity <strong>of</strong> the sidewalks.<br />

She stated that people use the open space and not the area where the woods are. She stated


there is a sidewalk across the street that people can use to get around the park. She is<br />

concerned with the cost <strong>of</strong> the project, the cost <strong>of</strong> maintaining the sidewalk and the trees and<br />

is not in favor <strong>of</strong> a pavilion.<br />

Pam Holdorf, 3931 E. Ashbury Dr. supports the sidewalks, but does not want to see any trees<br />

lost. She stated there are residents that come from French Road to get to the open space <strong>of</strong><br />

the park and sidewalks would help them do that.<br />

Director Gazza stated that is why he is recommending sidewalks on Applecart Dr. People<br />

need a way to get from the woods to the open space.<br />

Bill Lecker stated when the master plan was put together there was a lot <strong>of</strong> discussion <strong>of</strong><br />

maintaining as much <strong>of</strong> the wooded are as possible. When we looked at the sidewalk policy<br />

which stated sidewalks had to go around the park, we looked at how we could do this and yet<br />

maintain the wooded area and provide connectivity from the neighborhood to the park. He<br />

stated the boardwalks were the idea that was introduced in the adopted master plan.<br />

Kyle Lobner, 3920 E. Ashbury Dr. stated the neighbors just found out about this item on<br />

Monday and this is something that is going to impact a lot <strong>of</strong> properties so he feels there<br />

needs to be more conversation.<br />

Director Gazza stated the plan he is proposing maximizes the space by putting in the curved<br />

sidewalk.<br />

Alderperson Clemons stated the design allows for flexibility. He stated a pavilion is a long<br />

way <strong>of</strong>f and we can work around the tree issue. He believes sidewalks will enhance the use<br />

<strong>of</strong> the park.<br />

Tom Werth stated since the boardwalks were to serve as connectivity to the open space he<br />

suggests leaving out the sidewalks on the Applecart Drive side <strong>of</strong> the park.<br />

Pam Holdorf asked who will pay for the sidewalks?<br />

Director Gazza stated the neighbors would not pay for the sidewalks. It will be budgeted in<br />

the General Fund.<br />

Jean Marie Hinds stated there is not a lot <strong>of</strong> room on Ashbury Drive by the woods for the<br />

sidewalks. She stated there is probably only 15’ between the road and the trees.<br />

Director Gazza stated there is a need for sidewalks in this park. He stated there are future<br />

programming plans at this park. He stated the issue here is the safety <strong>of</strong> the children and<br />

parents getting to the park. He is sensitive to the trees, but safety comes first.<br />

Motion to approve by C. Spears, seconded by C. Croatt.<br />

Alderperson Spears stated she supports sidewalks because there needs to be accessibility to<br />

the park and the kids need to be safe getting there.<br />

Alderperson Oswald stated he represents an area <strong>of</strong> <strong>Appleton</strong> that is patch worked with<br />

sidewalks and is in favor <strong>of</strong> putting sidewalks in where they belong. He asked if the only<br />

reason the sidewalks are being setback so far is aesthetic reasons? Could they be moved<br />

closer to the street?<br />

Director Gazza stated that is something he would have to ask Director Vandehey.<br />

Alderperson Oswald stated this is an urban setting and he does not understand the need for<br />

curved sidewalks. He stated he feels they should be straight.


Alderperson Wahl stated he does not agree that this park is in a rural setting. He stated<br />

curved sidewalks are a silly idea. He does appreciate the changes that were brought back to<br />

this committee tonight based on our discussion at the last meeting.<br />

Director Gazza stated he talked with design experts and this is the trend today. He stated he<br />

has to trust those experts. The tree placement was based <strong>of</strong>f the sidewalk placement.<br />

Motion to amend by C. Wahl that the Parks & Recreation Committee, approve in concept,<br />

the paving <strong>of</strong> this park as an alternative plan to the Municipal Services Committee which<br />

involves straight paving in parallel to the city streets, that is at least 13.5’ from edge <strong>of</strong> curb<br />

to inside edge <strong>of</strong> sidewalk and no more than 21.5’ for the outer edge <strong>of</strong> the sidewalk,<br />

seconded by M. Smith.<br />

Alderperson Clemons responded that the rural nature that is being discussed is the rural<br />

nature <strong>of</strong> the park and not the development. He stated a better word may be passive. He<br />

does not think the design <strong>of</strong> the sidewalks should be done on the fly. This committee needs<br />

to send a good message to the Municipal Services Committee that says this is what the design<br />

impact will be on the park.<br />

Alderperson Wahl stated he is not making design changes on the fly. He stated he is asking<br />

staff for options because having options is a good thing. He agrees that sidewalks are a good<br />

thing in this situation but is looking for more options.<br />

Alderperson Croatt suggested that this item be held.<br />

Director Gazza stated he cautions the committee because this design is what was approved as<br />

the master plan in 2010 by Council and any changes will be going against what the<br />

neighbor’s provided as feedback.<br />

Alderperson Smith stated he too feels this should be held to get more neighborhood<br />

feedback. He stated these decisions need to be made at this Committee. This is the<br />

committee <strong>of</strong> jurisdiction to have these discussions before it moves onto the Municipal<br />

Services Committee. He said as the social media gets out we may have more feedback as to<br />

what the neighborhood wants.<br />

Tom Werth stated he just does not want to lose the trees.<br />

Alderperson Croatt stated we need to get answers to the questions and we need to give<br />

Director Gazza a clear direction <strong>of</strong> what this Committee is looking for.<br />

Motion to hold until the January 9, 2013 meeting by C. Croatt, seconded by M. Smith.<br />

Director Gazza stated he is not sure what new information he will gather in one month. He<br />

stated he does not object to straight sidewalks but he does not want any decisions made<br />

without the input from the neighborhood.<br />

Alderperson Croatt agrees and those discussions should be held at this Committee.<br />

Alderperson Clemons stated he urges this Committee to pass this through and have the<br />

Municipal Services Committee hold a design hearing to avoid duplication. He stated this<br />

way we can get feedback from the neighbors and we can talk to the <strong>City</strong> Forester.<br />

Alderperson Wahl feels the design needs to be hammered out at this Committee.<br />

Alderperson Spears stated she is fine with moving this on tonight but with clear<br />

recommendations regarding the trees, terrace and green space.


Alderperson Smith stated this needs to be held here. The master plan for Parks and<br />

Recreation is our area. Any tweaks that are done need to be done here. We can talk with the<br />

<strong>City</strong> Forester and hold a design hearing.<br />

Alderperson Croatt concurs with Alderperson Smith.<br />

Vote on Motion to Hold. (4/1-Oswald)<br />

a. Approval <strong>of</strong> Pool Rental, Reservation and General Use Policy (Attachments A1 & A2).<br />

Motion to approve by K. Oswald, seconded by C. Spears.<br />

Alderperson Oswald asked Director Gazza to provide by email before the council meeting a<br />

strike out version <strong>of</strong> the policy.<br />

Vote on Motion. (4/0 – Smith absent from room for vote)<br />

b. Request from YMCA to use Erb Pool from Swim Meets in 2013 (Attachment B).<br />

Motion to approve by C. Spears, seconded by C. Croatt.<br />

Director Gazza stated there are no changes.<br />

Alderperson Oswald asked Director Gazza to provide the number <strong>of</strong> our users that use the<br />

YMCA.<br />

Vote on Motion. (4/1-Wahl)<br />

c. Approval <strong>of</strong> a 2013-2014 reciprocity agreement with the <strong>City</strong> <strong>of</strong> Menasha (Attachment C).<br />

Motion to approve by M. Smith, seconded by C. Spears.<br />

Vote on Motion. (5/0)<br />

e. Request on behalf <strong>of</strong> the Ralph Kennedy Memorial to install flag poles in Veterans Park and<br />

the island in the College/Memorial intersection (Attachments E1 & E2).<br />

Motion to approve by C. Wahl, seconded by C. Spears.<br />

Vote on Motion. (5/0)<br />

INFORMATION ITEMS:<br />

a. Reid Golf Course stormwater project update.<br />

Ryan Construction continues to excavate for the south pond. It is progressing well but will<br />

be shutting down for the winter in the next couple <strong>of</strong> weeks.<br />

Alderperson Oswald stated he is the Alderperson <strong>of</strong> the neighborhood and he shared there<br />

has been very little noise and debris.<br />

b. Director’s Report.<br />

• Name change for the Trail Advisory Committee is being discussed.<br />

• Request from AASD regarding obtaining ownership <strong>of</strong> the Prospect Avenue building.<br />

ADJOURNMENT:


M. Smith moved, seconded by K. Oswald to adjourn the meeting at 8:25 P.M. (5/0)


“…meeting community needs…enhancing quality <strong>of</strong> life.”<br />

REPORT OF THE HUMAN RESOURCES COMMITTEE<br />

Meeting <strong>of</strong> December 10, 2012<br />

MEMBERS PRESENT: Alderperson Croatt, Alderperson Hill, Alderperson Konetzke,<br />

Alderperson Mettille, Alderperson Oswald<br />

MEMBERS ABSENT: None<br />

The Human Resources Committee reports and recommends that:<br />

None<br />

December 19, 2012 Council Meeting<br />

____________________________________<br />

Curt Konetzke<br />

Alderperson<br />

INFORMATIONAL<br />

1. The minutes from the November 12, 2012 meeting <strong>of</strong> the Human Resources Committee<br />

were approved.<br />

2. Recruitment status report<br />

3. Changes to the Military Leave Policy<br />

4. Changes to the Evacuation Procedures Policy<br />

5. Request to approve the non union Compensation and Classification plan as presented by<br />

Carlson Consulting. Item held until the January 7, 2013 committee meeting.<br />

6. Request to implement the Compensation and Classification plan effective January 1, 2013<br />

as recommended by Carlson Consulting. Item held until the January 7, 2013 committee<br />

meeting.<br />

7. 2014 aldermanic salary rates with a 0% increase item held from meeting <strong>of</strong> November 12,<br />

2012. Item held until the January 7, 2013 committee meeting.


MINUTES<br />

HUMAN RESOURCES COMMITTEE<br />

December 10, 2012<br />

6:00 P.M.<br />

PRESENT: Alderpersons Croatt, Hill, Konetzke, Oswald<br />

EXCUSED: Alderperson Mettille<br />

OTHERS<br />

PRESENT:<br />

Sandy Behnke Director, Human Resources<br />

Debby VandenBogart Deputy Director, Human Resources<br />

Ellen Totzke Deputy <strong>City</strong> Attorney<br />

Jeff Jirschele Alderperson District #15<br />

Christoph Wahl Alderperson District #1<br />

Mayor Hanna Mayor<br />

Pete Helein Police Chief<br />

Len Vander Wyst Fire Chief<br />

Ethan Kroll Battalion Chief, Fire<br />

Chris Shaw Utilities Director<br />

Paula Vandehey Public Works Director<br />

Joe Marx Meter Operations Technician, DPW<br />

Lisa Remiker Finance Director<br />

Dean Gazza Dir Parks Rec Facilities & Grn<br />

Tony Saucerman Deputy Director Finance<br />

Karen Harkness Director Community and Economic Development<br />

Joe Martin Alderperson District #4<br />

Colleen Rortvedt Library Director<br />

Charles Carlson Carlson Dettmann Consulting<br />

Chairperson Konetzke called the meeting to order at 6:03 P.M.<br />

MINUTES:<br />

C. Croatt moved, seconded by R. Hill to approve the Minutes from the November 12, 2012<br />

meeting. (3/0/1-Oswald)<br />

ACTION ITEMS:


a. Request to approve the non union Compensation and Classification plan as presented by<br />

Carlson Consulting.<br />

b. Request to implement the Compensation and Classification plan effective January 1, 2013 as<br />

recommended by Carlson Consulting.<br />

The Mayor started by saying he is here to answer any questions. He stated a good team was<br />

put together and has worked very hard for the last year to get where we are today.<br />

Mr. Carlson stated he was going to go through the Executive Summary and talk about the<br />

highlights.<br />

1. 400 employees were part <strong>of</strong> the compensation study process.<br />

2. ½ <strong>of</strong> those 400 employees were previously represented by collective bargaining.<br />

3. The <strong>City</strong> had 67 pay ranges prior to the study and the recommendation now lists<br />

19 pay ranges.<br />

4. The pay for performance process that is currently in place could be improved for<br />

managers and supervisors.<br />

5. The redefining <strong>of</strong> the evaluation system needs to happen to work with the pay for<br />

performance model.<br />

6. New s<strong>of</strong>tware for the pay for performance evaluation called Neogov.<br />

7. Focus groups identified 5 core competencies for evaluation process.<br />

8. Recommending in 2013 that the pay for performance not be implemented but be a<br />

learning year and then implement in 2014.<br />

9. Have a review process in the fall <strong>of</strong> each year to set the funding amount <strong>of</strong> the<br />

merit increases that were awarded through the pay for performance evaluation<br />

process.<br />

10. Appeal process done after adoption.<br />

Mr. Carlson stated everything hinges on the performance management plan. This model<br />

must be in place in order for the compensation study to work. Mr. Carlson identified four<br />

primary challenges for the city when it comes to implementing the pay for performance<br />

model.<br />

1. Accurately measuring performance.<br />

2. Managers trained appropriately to measure the performance.<br />

3. Council funding the program.<br />

4. Consistency whether it be political or at department head level.<br />

Mr. Carlson stated that Neogov will help address some <strong>of</strong> these issues along with the core<br />

competencies that were established. The consistency and funding will be up to the Mayor<br />

and council.<br />

Mr. Carlson shared the city is at a 104% average <strong>of</strong> the market place. He stated 2/3 <strong>of</strong> the<br />

employees fall into the midpoint to maximum category when it comes to their current pay.<br />

With the study, fourteen employees are proposed to be red circled. He stated the employees<br />

that are below the minimum mark he is recommending to bring them up to the minimum by<br />

giving them 5%/year until it is reached. He stated the total to implement this compensation<br />

study is $105,000.<br />

Alderperson Konetzke asked how will the appeal process be done?


Mr. Carlson stated the employee will fill out a form which will need the approval <strong>of</strong> the<br />

department head.<br />

Alderperson Konetzke asked if the process compares the job back to jobs in the same<br />

category?<br />

Mr. Carlson stated we look at the job and occasionally we will look at other classifications<br />

which could result in those jobs be moved as well as the job that is being evaluated.<br />

Mr. Carlson stated policy decision on the market placement and policy <strong>of</strong> the pay structure is<br />

not appealable. He stated the vast majority has been positive over the results <strong>of</strong> the<br />

compensation study. He stated it has allowed 280 employees to be eligible for pay for<br />

performance increases to reach the maximum pay rate.<br />

Mr. Carlson stated he recommends this be held until the next meeting so there is time to<br />

review and then come back and make a good informed decision.<br />

Alderperson Oswald stated he has questions about the logistics <strong>of</strong> the appeal process. He<br />

stated if the department head has to sign the appeal form and they don’t agree what happens?<br />

Does the position then not go through to the appeal process?<br />

Mr. Carlson stated he would like all them to come through. He stated the department head<br />

can make their comments and sign the form but he believes all the appeals should come<br />

through for review.<br />

Alderperson Oswald asked if there has ever been a case where a department head has made<br />

an appeal for a position where they thought it was rated too high?<br />

Mr. Carlson stated he has never seen that happen. He stated if a position were reviewed and<br />

were classified lower, his recommendation would be not lower that job to the lower level but<br />

leave where it currently is and hire new at the lower job classification. He stated people<br />

make mistakes and we need to live with them and honor the pay rate. He stated this study is<br />

not to harm people in the public sector.<br />

Alderperson Oswald asked why there are different medians listed for certain positions. Are<br />

these different medians for those specific positions?<br />

Mr. Carlson stated that difference has to do with the regression <strong>of</strong> the pay scale.<br />

Alderperson Oswald stated he does see how the rates were derived from for the mix market<br />

analysis. He asked why the mixes do not come between the private and public numbers<br />

minimum and maximum rate?<br />

Mr. Carlson stated he will have look into that and will bring an answer back to this<br />

committee.<br />

Alderperson Konetzke asked why he is recommending current employees with pay rates<br />

between the new range minimum and the control point be moved to the step <strong>of</strong> the new plan<br />

that provides an increase January 1?<br />

Mr. Carlson stated to get them on a step. He stated this is the least expensive way to do that.<br />

Alderperson Konetzke stated this committee can go with the recommendation <strong>of</strong> this<br />

executive summary or it can make other recommendations. He wanted to make that sure the<br />

committee knew that. He asked if the $105,000 includes all the roll up costs?


Director Behnke stated yes.<br />

Alderperson Konetzke asked where the funding will come for the $105,000 in 2013 and then<br />

how the pay for performance will be funded in the future?<br />

Mayor Hanna stated the General Fund will need to fund $68,000. He stated he is sure we can<br />

find the funding source or it can come from budget surplus or wage reserves. He stated he<br />

has talked with Director Remiker and has looked at the numbers and he is confident this can<br />

be implemented in 2013.<br />

Alderperson Oswald would like to see where all the positions are currently and where they<br />

are in the new plan. He would like to know who is moving where?<br />

Mayor Hanna stated there is more curiosity out there than there is negative right now.<br />

Alderperson Oswald stated he would like to know what the difference is changing from the<br />

old policy to the new policy. Director Behnke will prepare a spreadsheet to show the<br />

difference between the old minimum/new minimum and old maximum/new maximum.<br />

Director Behnke stated one <strong>of</strong> the changes is the cost <strong>of</strong> living adjustment that everyone<br />

received automatically before will now be based on meeting your job expectation. She stated<br />

another change is that former represented employees had step increases to earn higher rate,<br />

but once they reached the highest step they only got the cost <strong>of</strong> living adjustment raise. She<br />

stated with this plan they will move to the next step if they are meeting expectation and once<br />

they are at the control point they are eligible for the pay for performance program. She stated<br />

this plan allows for more flexibility in the percentage <strong>of</strong> increase a department head can<br />

suggest.<br />

Director Behnke also stated there is another action item that will come forward and that is the<br />

Salary Administration Policy which will define how we administer the plan. The policy will<br />

address how raises are earned, higher rates, red circling and where HR can hire at. She stated<br />

she is not ready to bring that policy forward yet until we know the outcome <strong>of</strong> this study first.<br />

Alderperson Oswald stated if the Salary Administration Policy is not in place and this study<br />

hinges on the pay for performance being successful then should we not get that in place and<br />

not implement until 2014 or 2015? He stated he is not ready to support when we are not<br />

done creating the pay for performance model.<br />

Director Behnke stated we have always had a merit based program for non-represented<br />

employees to receive raises. The January 1 implementation date is just people on the plan. It<br />

has nothing to do with the pay for performance plan that would not happen until 2014.<br />

Mr. Carlson stated employees have seen the paperwork. He stated 70 % <strong>of</strong> the workforce<br />

now has the opportunity to earn more money. He said if you push this <strong>of</strong>f a year there will<br />

be a big morale problem.<br />

Mayor Hanna stated we have a performance management system now and if we tank this<br />

whole plan we are still going to move our system forward with the Neogov. He stated that<br />

was the plan all along.<br />

Alderperson Oswald asked why the Mayor is not listed?


Mr. Carlson stated he will bring that to this committee at a later time after discussion has<br />

been held on this. He did not want the discussion to revolve around that and typically the<br />

focus would move to that and not the pay plan.<br />

Alderperson Oswald asked if there is documentation for what kind <strong>of</strong> decisions will have to<br />

be made by future councils as to funding this program? Will retirees help fund this program?<br />

Mr. Carlson stated we could estimate and it is possible that retiring employees will <strong>of</strong>fset the<br />

amount that will have to be budgeted to fund the pay for performance plan. He suggests that<br />

in the fall <strong>of</strong> each year that a recommendation is done for the merit allocation pool.<br />

Mayor Hanna stated he sees the biggest funding challenge is the general lift to the plan. He<br />

feels confident that we can come up with a policy tied to a funding source to fund the pay for<br />

performance plan. He stated this sends the best message to employees that we are serious<br />

about this program. He indicated that a possible funding mechanism might be the carry-over<br />

policy that is already in place-perhaps that could be modified to allocate funds to the pay for<br />

performance system.<br />

Director Behnke stated she too is concerned about the structural lift. She stated it is easy at<br />

budget time for council to say we can’t afford to give raises. She stated we can afford it, we<br />

are just choosing to spend the money on other things. She stated she will be asking for help<br />

from this committee to be advocates in the future because we can’t afford to continue not to<br />

give raises. She stated we will start to see turnover, especially with the benefit changes we<br />

made if we continue to freeze pay.<br />

Joe Marx, <strong>City</strong> <strong>of</strong> <strong>Appleton</strong> employee stated he is ready for the limbo to be over. He is much<br />

more comfortable today than he was 6 months when this whole thing started. He stated he<br />

wishes his 28 years <strong>of</strong> service would have been under this plan.<br />

The directors all spoke and support the recommendations. The Chiefs identified some<br />

concerns that they are working through with compression but support the overall plan.<br />

Motion to hold items a and b until the January 7, 2013 meeting by K. Oswald, seconded by<br />

C. Croatt<br />

Vote on motion (3/1-Hill)<br />

c. 2014 aldermanic salary rates with a 0% increase item held from meeting <strong>of</strong> November 12,<br />

2012.<br />

Motion to approve by C. Croatt, seconded by R. Hill.<br />

Alderperson Croatt stated he said there is a good agreement for both an increase and decrease<br />

but feels a 0% increase is the best option right now.<br />

Alderperson Wahl stated we need to take in consideration the health <strong>of</strong> the council and<br />

money does matter when it comes to the ability to pay for a sitter, pay for parking or pay for<br />

parking ticket you get while attending meetings. He stated there is a danger here in our<br />

desire to be responsible <strong>of</strong> our taxpayer’s dollars we are diminishing the population <strong>of</strong><br />

potential candidates for this <strong>of</strong>fice and diluting the available skills that we can call on to<br />

conduct city business.<br />

Alderperson Croatt stated he understands and was prepared to make an amendment for an<br />

increase based on his personal analysis tonight. He stated instead <strong>of</strong> increasing the salary by a


percentage is there something we can do to provide as part <strong>of</strong> the compensation package to<br />

give alderperson more tools to work with? He stated he is looking at this now and will be<br />

looking at presenting something next year.<br />

Alderperson Wahl stated he suggest a symbolic raise. He stated in the upcoming term<br />

council will be going from 16 alderpersons to 15 alderpersons. He would ask there be a 15<br />

way split <strong>of</strong> that salary.<br />

Alderperson Jirschele stated the cost <strong>of</strong> parking has doubled. Costs have gone up. We need<br />

to ask if the salary is supposed to serve as an attraction or compensation.<br />

Alderperson Hill stated in these bad economic times he does not know how we could<br />

consciously raise our salary. He stated however when the economy improves he will support<br />

an increase <strong>of</strong> 10% to the alderpersons salary.<br />

Alderperson Oswald stated in the future he would like to see this item placed on the agenda<br />

with no percentage recommendation.<br />

Alderperson Croatt agreed.<br />

Motion to hold until the January 7, 2013 meeting by C. Konetzke, seconded by C. Croatt.<br />

Vote on Motion. (3/1-Hill)<br />

INFORMATION ITEMS:<br />

a. Recruitment status report<br />

Alderperson Oswald asked for an update on the TS Director position.<br />

Director Behnke stated she has nothing new to report. She stated it is in the Mayor’s hand<br />

and he will have to provide the update at a future meeting.<br />

b. Changes to the Military Leave Policy<br />

c. Changes to the Evacuation Procedures Policy<br />

ADJOURNMENT:<br />

R. Hill moved, seconded by C. Croatt to adjourn the meeting at 9:00P.M. (4/0)


“…meeting community needs…enhancing quality <strong>of</strong> life.”<br />

REPORT OF THE FINANCE COMMITTEE<br />

Meeting <strong>of</strong> December 12, 2012<br />

MEMBERS PRESENT: Alderperson Baranowski, Alderperson Dannecker, Alderperson<br />

Martin, Alderperson Stueck<br />

MEMBERS EXCUSED: Alderperson Plank<br />

The Finance Committee reports and recommends that:<br />

1. Request to write <strong>of</strong>f $15,211.83 <strong>of</strong> accounts receivable invoices and $18,728.45 <strong>of</strong> personal<br />

property taxes (outstanding over one year). BE APPROVED (4/0)<br />

2. The following 2012 Budget Adjustment be approved:<br />

General Fund – Police<br />

Donations +$18,500<br />

Purchase/Train new K9 +$18,500<br />

to record donation received for the purchase and training <strong>of</strong> new K9 unit. (2/3 vote<br />

required) BE APPROVED (4/0)<br />

3. Approve contract amendment to Granicus, Inc for $2,110 for the use <strong>of</strong> the Time Warner<br />

Cable settlement funds (from underpayment <strong>of</strong> franchise fees) to purchase an additional<br />

vote-cast touch unit for minute taking, electronic access and video streaming package for<br />

Council and committee meetings. and approval <strong>of</strong> the following 2012 Budget Adjustment:<br />

General Fund – Technology Services<br />

Capital Equipment +$2,110<br />

Fund Balance – Time Warner Cable Settlement - $2,110<br />

to record purchase <strong>of</strong> additional vote-cast unit. (2/3 vote required) (ATTACHMENT) BE<br />

APPROVED AS AMENDED (4/0)<br />

December 19, 2012 Council Meeting<br />

____________________________________<br />

Alderperson Baranowski<br />

Chairperson<br />

INFORMATIONAL


Page 2<br />

REPORT OF THE FINANCE COMMITTEE<br />

Meeting <strong>of</strong> December 12, 2012<br />

1. The minutes from the November 28, 2012 and December 5, 2012 meetings <strong>of</strong> the Finance<br />

Committee were approved.<br />

2. Schedule for December 26, 2012 meeting.<br />

3. Grants Administration Policy Update in relation to Alderperson Clemons Resolution 12-R-<br />

12 – Policy revisions by staff. Report back in first quarter 2013.


FINANCE COMMITTEE MINUTES<br />

December 12, 2012<br />

5:00 p.m.<br />

MEMBERS PRESENT: Alderperson Baranowski, Alderperson Dannecker, Alderperson<br />

Martin, Alderperson Stueck<br />

MEMBERS EXCUSED: Alderperson Plank<br />

OTHERS PRESENT: Alderperson Clemons, Finance Director Lisa Remiker, <strong>City</strong><br />

Attorney Jim Walsh<br />

Chair Baranowski called the meeting to order at 5:00 p.m.<br />

Motion to approve the Minutes <strong>of</strong> November 28, 2012 and December 5, 2012 by Martin, second<br />

by Dannecker. (4/0)<br />

ACTION<br />

a. Request to write <strong>of</strong>f $15,211.83 <strong>of</strong> accounts receivable invoices and $18,728.45 <strong>of</strong><br />

personal property taxes (outstanding over one year).<br />

Motion to approve by Dannecker, second by Martin. (4/0)<br />

Alderperson Martin asked if we received funds in 2013 where they go.<br />

Director Remiker responded they are revenue at that point.<br />

Martin asked if we have received money in the past.<br />

Remiker answered yes, but from an audit standpoint the <strong>City</strong> has to either set up an allowance for<br />

anything over a year old or, the cleaner option is to write it <strong>of</strong>f. This is still on our ‘internal<br />

books’ but from a release <strong>of</strong> the financial statements they are considered written <strong>of</strong>f.<br />

Voice vote. (4/0) Motion carried.<br />

b. The following 2012 Budget Adjustment be approved:<br />

General Fund – Police<br />

Donations +$18,500<br />

Purchase/Train new K9 +$18,500<br />

to record donation received for the purchase and training <strong>of</strong> new K9 unit. (2/3 vote<br />

required)<br />

Motion to approve by Dannecker, second by Stueck. (4/0)<br />

No discussion.


Finance Committee<br />

Minutes <strong>of</strong> December 12, 2012<br />

Page | 2<br />

Voice vote. (4/0) Motion carried.<br />

c. Approve contract amendment to Granicus, Inc. for $2,110 for the use <strong>of</strong> the Time Warner<br />

Cable settlement funds (from underpayment <strong>of</strong> franchise fees) to purchase an additional<br />

vote-cast touch unit for minute taking, electronic access and video streaming package for<br />

Council and committee meetings, and approval <strong>of</strong> the following 2012 Budget<br />

Adjustment:<br />

General Fund – Technology Services<br />

Capital Equipment +$2,110<br />

Fund Balance – Time Warner Cable Settlement - $2,110<br />

to record purchase <strong>of</strong> additional vote-cast unit. (2/3 vote required)<br />

Motion to approve by Stueck, second by Dannecker.<br />

<strong>City</strong> Attorney Walsh explained that this item is an added voting device. When we put the<br />

documents together the numbers were figured on 15 alderpersons, however, one is needed for the<br />

Mayor (in case <strong>of</strong> a tie). The <strong>City</strong> did receive the $2,500 credit (as referenced on the handout)<br />

and even with the added voting piece, we are still under the $59,000+ Council approved.<br />

Baranowski asked if we needed the budget adjustment.<br />

Remiker stated we don’t need the budget adjustment, but she feels Committee still needs to<br />

approve the contract amendment so that it agrees with the dollar amount.<br />

Martin put forth a motion to strike the budget adjustment language, second by Dannecker.<br />

Voice vote. (4/0) Motion carried.<br />

Dannecker asked for clarification if this was for one more unit for note taking.<br />

Walsh responded it was for voting (vote tie breaking).<br />

As <strong>amended</strong>, voice vote. (4/0) Motion carried.<br />

INFORMATION<br />

a. Schedule for December 26, 2012 meeting<br />

Since there are no agenda items, there will be no meeting on December 26.<br />

b. Grants Administration Policy Update in relation to Alderperson Clemons Resolution 12-<br />

R-12 – Policy revisions by staff. Report back in first quarter 2013.<br />

Baranowski stated this item will be brought back in quarter one <strong>of</strong> 2013.


Finance Committee<br />

Minutes <strong>of</strong> December 12, 2012<br />

Page | 3<br />

With no further business, Stueck moved, seconded by Dannecker that the meeting adjourn.<br />

Voice vote. (4/0) Motion carried.<br />

Adjourned at 5:08 p.m.<br />

Alderperson Ed Baranowski<br />

Chair


132 - 12<br />

AN ORDINANCE AMENDING CHAPTER 23 OF THE MUNICIPAL CODE OF THE CITY<br />

OF APPLETON AND THE OFFICIAL ZONING MAP WHICH IS A PART THEREOF, BY<br />

MAKING THE FOLLOWING CHANGES IN THE DISTRICT AS NOW PROVIDED.<br />

(<strong>City</strong> Plan Commission 12-5-12)<br />

The Common Council <strong>of</strong> the <strong>City</strong> <strong>of</strong> <strong>Appleton</strong> does ordain as follows:<br />

Section 1: That Zoning Ordinance, Chapter 23 <strong>of</strong> the Municipal Code <strong>of</strong> the <strong>City</strong> <strong>of</strong><br />

<strong>Appleton</strong> and the Official Zoning Map, which is a part there<strong>of</strong>, is <strong>amended</strong> by making the following<br />

changes:<br />

To rezone lands located at 1117 West Washington Street from PD/M-2 Planned<br />

Development General Industrial District to C-2 General Commercial District,<br />

including to the centerline <strong>of</strong> adjacent street right-<strong>of</strong>-way. (Rezoning #7-12 –<br />

Wausau Paper Mills)<br />

LEGAL DESCRIPTION:<br />

Lot 1 <strong>of</strong> Certified Survey Map No. 757, including to the centerline <strong>of</strong> the adjacent<br />

right-<strong>of</strong>-way (Tax Id. 31-5-1728-00)<br />

COMMON DESCRIPTION:<br />

1117 West Washington Street<br />

Section 2: This Ordinance shall be in full force and effect from and after its passage and<br />

publication, and upon its passage and publication the Director <strong>of</strong> Community and Economic<br />

Development is authorized and directed to make the necessary changes to the Official Zoning Map<br />

in accordance with this Ordinance.

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