MEETING DATE TIME LOCATION

Size: px

Start display at page:

Download "MEETING DATE TIME LOCATION"

Godfrey Wood
5 years ago
Views:

MEETING DATE TIME LOCATION AMENDED Town Board THURSDAY, August 9, 2018 Immediately Follows Sanitary District Meeting Grand Chute Town Hall 1900 Grand Chute Blvd Board Room A.

1 MEETING DATE TIME LOCATION AMENDED Town Board THURSDAY, August 9, 2018 Immediately Follows Sanitary District Meeting Grand Chute Town Hall 1900 Grand Chute Blvd Board Room A. CALL TO ORDER/ROLL CALL B. APPROVAL OF AGENDA/ORDER OF THE DAY C. SPECIAL PRESENTATION - Donation D. PUBLIC INPUT Members of the public are welcome to address the Town Board. Individuals are only allowed to speak only about agenda items and must fill out a Request to Speak form and submit to the Town Clerk prior to the start of the meeting in order to speak during the Public Input segment of the meeting. This segment is placed early in the agenda so that the public may make their comments prior to any discussion or action by the Commission or Town Board. Individual comments are limited to no more than three minutes each. The Public Input section is limited to a total of 15 minutes. The Town Board may suspend this rule if deemed necessary. Once the public input segment ends there will be no additional discussion from the audience. E. CONSENT AGENDA (Items on the Consent Agenda are routine in nature and require one motion to approve all items listed. Prior to voting on the Consent Agenda, items on the Consent Agenda may be removed at the request of any Supervisor and addressed immediately following the motion to approve the other items on the Consent Agenda.) 1. Approval of Regular Meeting minutes July 17, 2018 and Special Meeting minutes July 18, Licensing: (applications on file in the clerk s office)(license Committee recommends approval) a. Operator Licenses: 1) Approval of applications to expire: 2020 dated 7/13/18, 7/17/18, 7/20/18 and 7/27/18 b. Change of Agent, Kwik Trip #452, 3721 W. College Avenue, appoints Isaac Peterson c. Special Event Permits: 1) Appleton Baseball Club, 2400 N. Casaloma Drive, for wedding fireworks on September 7, CONDITIONS: 1) No fireworks may begin after 10:00 p.m., 2) Display must comply with NFPA 1123 standards. F. FINANCIAL REPORTS 1. Approval of Voucher List August 9, 2018 G. UNFINISHED BUSINESS 1. Approve a budget adjustment for Applegate Street Lighting (from July 17, 2018 meeting). H. NEW BUSINESS 1. Plan Commission Recommendations: a. SE Special Exception requested by Appleton Area School District, 2305 W. Capitol Drive, for operation of an electronic message sign at Houdini Elementary School. PC recommends approval. b. SE Special Exception requested by Guggenheim Development Services LLC, dba Jiffy Lube, 3901 N. Richmond Street, for operation of an automobile service business. PC recommends approval. c. Official Map Amendment requested by the Town of Grand Chute to add a street reservation for the extension of W. Evergreen Drive, west to Grand Chute Blvd. PC recommends approval. Ordinance No. O

2 d. CSM Certified Survey Map requested by David T. Bootz and N2155 Mayflower Drive, 5795 W. Edgewood Drive and 5300 N. Mayflower Drive, for a two-lot CSM with roadway dedication. PC recommends approval. 2. Acceptance of donation for Victory Lane/Casaloma Drive. 3. Approve quote for Rectangular Rapid Flashing Beacon at the pedestrian crossing on Lynndale Drive (CTH A) in the amount of $9, (budgeted item). 4. Approve the Sports Facility Administration Agreement with Fox Cities Sports Development, Inc., as amended, for operational and management services to be provided at the Fox Cities Champion Center, 2200 N. McCarthy Road. 5. Appointment of Greg Hartjes as Appleton Area School District representative to the Grand Chute Joint Review Board, filling the unexpired term of Don Hietpas. 6. Approve salary study recommendation. I. ORDINANCES 1. Ordinance O amending Chapter 335 Intoxicating Liquor and Fermented Malt Beverages. J. RESOLUTIONS 1. Resolution TBR for petition to Office of the Commissioner of Railroads to establish a new atgrade railroad crossing. K. CLOSED SESSION 1. Motion to convene in Closed Session via ROLL CALL VOTE pursuant to (1)(g) - Conferring with legal counsel for the Town, legal counsel rendering oral or written advice concerning strategy to be adopted by the Town Board with respect to litigation in which the Town is now or is likely to become involved and 19.85(1)(e) - Deliberations or negotiations on the purchase of public properties, investing of public funds or conducting other specific public business when competitive or bargaining reasons require a closed session. (Greenville Incorporation). 2. Motion to adjourn Closed Session and reconvene Regular Meeting. H. NEW BUSINESS CONTINUED 7. Discussion/action on Closed Session topic. L. ADJOURNMENT Public Notice: Agendas are posted in the following locations: Town Hall bulletin boards & Town website Wisconsin Act 79 allows the publication of certain legal notices on an Internet site maintained by a municipality. This law allows these types of legal notices to be posted in one physical location in the jurisdiction (instead of three) if also placed on an Internet site maintained by the local government. Special Accommodations: Requests from persons with disabilities who need assistance to participate in this meeting should be made to the Clerk s Office at ( ) with at least 24-hour notice. Notice of Possible Quorum: A quorum of the Sanitary Districts, Plan Commission, Board of Review, Licensing Committee, Parks Commission, Community Development Authority, Joint Review Board, Zoning Board of Appeals and/or Police and Fire Commission may be present at this meeting for the purpose of gathering information and possible discussion on items listed on this agenda. However, unless otherwise noted in this agenda, no official action by the Sanitary Districts, Plan Commission, Board of Review, Licensing Committee, Parks Commission, Joint Review Board, Zoning Board of Appeals and/or Police and Fire Commission will be taken at this meeting. Page 2 of 2

3 BOARD OF SUPERVISORS SPECIAL MEETING TOWN OF GRAND CHUTE GRAND CHUTE BLVD., GRAND CHUTE, WI JULY 18, 2018 At 1:30 p.m. the following Board Supervisors and Town Staff boarded a bus to tour various Capital Improvement Projects in the Town. PRESENT: Dave Schowalter, Jeff Nooyen, Travis Thyssen, Bruce Sherman STAFF: Karen Weinschrott, Town Clerk; Angie Cain, Deputy Town Clerk; Jim March, Town Administrator; Katie Schwartz, Public Works Director; Karen Heyrman, Deputy Public Works Director; Julie Wahlen, Finance Director; Bob Buckingham, Community Development Director; Timothy Bantes, Fire Chief; Greg Peterson, Police Chief; Mary Baxter, Human Resources; Bob Heimann, IT Director; Brent Braun, IT Network Administrator Public Works Director Katie Schwartz provided an overview of projects: N. McCarthy Road 2019 Fox Cities Sports Complex Extension 2019 W. College Avenue/CTH A/STH W. Spencer Street Reconstruction 2019 Misty Lane Pond 2019 W. Woodman Drive 2019 Nordale/Pershing/Tyler 2020 W. Evergreen Drive and N. Alvin Street 2019 Richmond Frontage Road (South) 2019 Richmond Frontage Road (North) 2019 W. Elsner Road 2019 N. Gillett Street The bus tour concluded at approximately 2:45 p.m. The Town Board and several staff members met in the Board Room to review CIP projects and special assessments. Discussion included whether or not to increase stormwater charges; the Board was not in favor of this option. The Board requested staff to investigate and report back on: All residential assessments should be charged the same amount. Properties should be assessed on use rather than zoning. The trip or traffic methodology should be removed as an option. They would like to schedule more workshops in the future. ADJOURNMENT Meeting adjourned at 4:00 p.m. These minutes were taken at a Special Meeting held on July 18, 2018 and entered in this record book on July 19, 2018 by: Karen L. Weinschrott Karen L. Weinschrott, Town Clerk Town of Grand Chute DRAFT

4 TOWN BOARD MEETING TOWN OF GRAND CHUTE 1900 W. GRAND CHUTE BLVD., GRAND CHUTE, WI JULY 17, 2018 CALL TO ORDER/ROLL CALL Meeting called to order at 7:02 p.m. by Dave Schowalter, presiding officer. PRESENT: Dave Schowalter, Travis Thyssen, Bruce Sherman, Jeff Nooyen, and Karen Weinschrott, Town Clerk EXCUSED: Eric Davidson STAFF: Jim March, Town Administrator; Bob Buckingham, Community Development Director; Tim Bantes, Fire Chief; Greg Peterson, Police Chief; Katie Schwartz, Public Works Director; Karen Heyrman, Deputy Director of Public Works; Julie Wahlen, Finance Director; Bob Heimann, IT Director; Mike Patza, Town Planner; Brent Braun, IT; Matt Kasriel, Mike DeBruler, Brian Schommer, Fire Department; Carl Sutter, McMahon Associates; Atty. Rossmeissl, Herrling Clark Law Offices OTHERS: 2 signed attendance APPROVAL OF AGENDA/ORDER OF THE DAY Motion (Sherman/Nooyen) to approve. Motion carried. OATH OF OFFICE Firefighter Drew Grunwald Chief Bantes provided background information for Firefighter Grunwald. Clerk Weinschrott administered the oath of office to Firefighter Grunwald. PUBLIC INPUT There was no public input. CONSENT AGENDA Approval of Regular Meeting minutes June 19, 2018 Licensing: (applications on file in the clerk s office)(license Committee recommends approval) Operator Licenses: Approval of Applications to expire: 2020 dated 6/8/18, 6/20/18, 6/22/18, 6/29/18, and 7/6/18 Request for amended premise description on Class B liquor license, American Legion Post #38, to extend the license to the concession stand within the fenced area including bleachers on the ball field. Special Event Permits: Appleton Baseball Club, 2400 N. Casaloma Drive, for wedding fireworks on October 6, CONDITIONS: 1) No fireworks may begin after 10:00 p.m., 2) Display must comply with NFPA 1123 standards Accept Monthly Reports: Fire Department, Public Works, and Park Commission Motion (Thyssen/Sherman) to approve the consent agenda. Motion carried. FINANCIAL REPORTS Approval of Voucher List July 17, 2018 $741, ( ); Payroll $593,662.05; ACH $376, Page 1 of 5

5 TOWN BOARD MEETING TOWN OF GRAND CHUTE 1900 W. GRAND CHUTE BLVD., GRAND CHUTE, WI JULY 17, 2018 Accept June 2018 Budget Statement Motion (Sherman/Nooyen) to approve the voucher list and accept the budget statement. Motion carried. UNFINISHED BUSINESS Motion whether to special assess for the box culvert replacement and reclamation and paving of 0.4 miles of N. French Road from CTH OO to 0.2 miles north of E. Second Avenue. The Town Board had discussions to make sure the special assessments were fair. They discussed the agreement that was in place with the Outagamie County regarding the landfill. Motion (Sherman/Schowalter) to proceed with special assessments. Motion carried. NEW BUSINESS Plan Commission Recommendations: Z Rezoning requested by Bergstrom Properties, Inc. to rezone property at the southwest corner of W. Capitol Drive & I-41 from AGD General Agricultural District to CL Local Commercial District. Dir. Buckingham to report results from 7/17/18 PC meeting. Ordinance O Dir. Buckingham stated that Plan Commission recommended approval. Motion (Thyssen/Sherman) to approve Z Motion carried. SE Special Exception requested by Brandt Hospitality Group, dba Fairfield Inn & Suites, 130 S. Nicolet Road, to allow hotel use on a property zoned CP Planned Commercial District subject to Town Board approval of Special Exception Amendment SEA Dir. Buckingham to report results from 7/17/18 PC meeting. Dir. Buckingham stated that Plan Commission recommended approval. Motion (Nooyen/Sherman) to approve SE Motion carried. SEA Special Exception Amendment requested by Brandt Hospitality Group, dba Fairfield Inn & Suites, 130 S. Nicolet Road, to amend the restrictive covenants and easements for the Planned Unit Development of Nicolet Center PUD, allowing construction of a new hotel and associated site improvements. Dir. Buckingham to report results from 7/17/18 PC meeting. Dir. Buckingham stated that Plan Commission recommended approval. Motion (Thyssen/Nooyen) to approve SEA Motion carried. SE Special Exception requested by Bergstrom Properties, Inc. to allow construction of an off-premise pylon sign, including a digital message sign and a large-scale multi-tenant sign on future Lot 1 of the property at the southwest corner of W. Capitol Drive & I-41 subject to approval for rezoning the property to CL Local Commercial District classification. Dir. Buckingham to report results from 7/17/18 PC meeting. Dir. Buckingham stated that Plan Commission recommended approval. Motion (Nooyen/Sherman) to approve SE Motion carried. Page 2 of 5

6 TOWN BOARD MEETING TOWN OF GRAND CHUTE 1900 W. GRAND CHUTE BLVD., GRAND CHUTE, WI JULY 17, 2018 SE Special Exception requested by Bergstrom Properties, Inc. to allow construction of an off-premise pylon sign, including a digital message sign and a large-scale multi-tenant sign on future Lot 2 of the property at the southwest corner of W. Capitol Drive & I-41 subject to approval for rezoning the property to CL Local Commercial District classification. Dir. Buckingham to report results from 7/17/18 PC meeting. Dir. Buckingham stated that Plan Commission recommended approval. Motion (Thyssen/Nooyen) to approve SE Motion carried. SE Special Exception requested by the Town of Grand Chute for operation of an electronic message center sign at Fire Station One, 2250 W. Grand Chute Boulevard. Dir. Buckingham to report results from 7/17/18 PC meeting. Dir. Buckingham stated that Plan Commission recommended approval. Motion (Thyssen/Sherman) to approve SE Motion carried. Cemetery reimbursement for the care of veterans graves from Outagamie County in the amount of $ Motion (Thyssen/Sherman) to approve. Motion carried. Approval of the 1 st Revision of the State/Municipal Agreement for West Spencer Street Design and Construction from the STP-Urban Program with the addition of $533,922 in reallocated participating construction federal funds. Motion (Nooyen/Sherman) to approve. Motion carried. Award of bid, Contract Town Hall Complex Signage, to Appleton Sign Company in the amount of $58,880. Motion (Thyssen/Sherman) to approve. Motion carried. Approve a budget adjustment for Applegate Street Lighting. Motion (Nooyen/Thyssen) to suspend rules to allow for discussion. Motion carried. The Town Board discussed the three different options. Option #1 replaced all the lights with the acorn lights on fiberglass polls, Option #2 added 33 additional acorn lights on fiberglass poles with keeping the existing wooden poles, and Option #3 would be replacing all the lights over a two-year period. Supv. Nooyen explained that the poles are older than 12 years because they were not replaced during their urbanization. He questioned if it was possible to install 33 new wood poles with LED cobra head lights and then replace the existing cobra head lights with LED cobra head lights. He would like to have the lighting all match. Motion (Nooyen/Sherman) to defer until they could receive the cost estimates. Chairman Schowalter would also like to discuss what the price would be to replace all of the lights and poles over the next two years because it does turn out looking very nice. They would like to discuss both options at the next Town Board meeting. Admin. March explained that part of this item is the financing and they recommend adjusting Fund 55 to cover the project instead of using contingency Fund 10. Page 3 of 5

7 TOWN BOARD MEETING TOWN OF GRAND CHUTE 1900 W. GRAND CHUTE BLVD., GRAND CHUTE, WI JULY 17, 2018 Motion carried. Accept a grant of land by special warranty deed from Greene Development - Appleton, LLC., for the extension of Westhill Boulevard. Motion (Nooyen/Sherman) to accept the grant. Motion carried. Approve street occupancy permits to the Town of Grand Chute for placement of three signs along W. Grand Chute Boulevard. Motion (Thyssen/Sherman) to approve. Motion carried. ORDINANCES Ordinance O appointing citizen members to Board of Review. Motion (Nooyen/Sherman) to approve O Motion carried. Ordinance O Amending Parking, Stopping and Standing regulated. Motion (Thyssen/Schowalter) to approve. Supv. Sherman asked why they need additional bike lanes if there is going to be a trail on one side and a sidewalk on the other side. They could leave the parking and not have the additional bike lanes. He questioned if they really need the bike lanes. Dir. Schwartz explained that bike lanes were included in the plan. There is a spot where there is only sidewalks and those are reserved for pedestrians. This would be the time, if bike lanes were wanted, that they could assign them. If they are allowed to park on the street, they will lose the bike lanes. Supv. Sherman stated they are assessing people for this street and they can now offer them parking instead of taking it away from them. Supv. Nooyen recommended copying what they already have on Perkins Street, where you can park or ride a bike in that area. The lanes are striped, but not dedicated as bike lanes. He added that driving and parking in designated bike lane areas is prohibited. Dir. Schwartz explained they could stripe this without the no parking signs as shown in the plan. They could change this in the future. She explained that there is currently no parking on a portion of Gillett. Original motion withdrawn. Motion (Sherman/Nooyen) to withdraw this item from consideration. Motion carried. Ordinance O amending Chapter 409 which regulates Park and Recreation. Clerk Weinschrott explained the difference between the two permits of renting the park pavilion or not renting the park pavilion. There is a permit requirement to drink beer in the parks even when not renting the pavilion. The community building will not require a separate permit as this is included with the building rental. Motion (Thyssen/Schowalter) to approve. Motion carried. Ordinance O amending Chapter 335 Intoxicating Liquor and Fermented Malt Beverages. Page 4 of 5

8 TOWN BOARD MEETING TOWN OF GRAND CHUTE 1900 W. GRAND CHUTE BLVD., GRAND CHUTE, WI JULY 17, 2018 Motion (Thyssen/Sherman) to approve. Motion carried. ADJOURNMENT Motion (Nooyen/Sherman) to adjourn meeting. Meeting adjourned at 7:52 p.m. These minutes were taken at a regular meeting held on July 17, 2018 and entered in this record book, July 18, 2018 by: Karen L. Weinschrott Karen L. Weinschrott, Town Clerk Town of Grand Chute INITIAL DRAFT Page 5 of 5

83 TOWN OF GRAND CHUTE ORDINANCE O , SERIES OF 2018 AN ORDINANCE AMENDING CHAPTER 335 OF THE CODE OF GENERAL ORDINANCES FOR THE TOWN OF GRAND CHUTE, OUTAGAMIE COUNTY, WISCONSIN, WHICH GOVERNS INTOXICATING LIQUOR AND FERMENTED MALT BEVERAGES IN THE TOWN OF GRAND CHUTE. WHEREAS, Chapter 335 of the Town of Grand Chute Municipal Code relating to intoxicating liquor and fermented malt beverages was revised during the July 17, 2018 Town Board meeting; and, WHEREAS, three violations listed in the demerit point chart contained in Section continue to reference the wrong Municipal Code number following the July 17, 2018 revision; and, WHEREAS, it is necessary for the demerit point chart to contain proper Municipal Code references for the purpose of administering Section 335-9; NOW THEREFORE BE IT ORDAINED by the Board of Supervisors of the Town of Grand Chute, Outagamie County, Wisconsin, that Chapter 335 of the Grand Chute Municipal Code is hereby amended and adopted as follows: Chapter 335: Intoxicating Liquor and Fermented Malt Beverages Article I: Licensing [Adopted as 9.01, 9.12 and 9.16 of the 1997 Code; amended ; ; ; ] Revocation and suspension of licenses. A. Purpose. The purpose of this section is to establish guidelines governing the revocation and suspension of alcoholic beverage licenses through a system of demerit points that accrue for violations of this chapter or Chapter 125, Wis. Stats. B. Procedure. Except as hereinafter provided, the provisions of , Wis. Stats., shall be applicable to proceedings for the revocation or suspension of all licenses or permits granted under this article. Revocation or suspension proceedings may be instituted by the Town Board upon its own motion, subject to any additional requirements under , Wis. Stats., for both suspension and revocation proceedings.

84 C. Point schedule. (1) The scheme of demerit points appearing below is listed according to the type of drug or alcohol beverage violation. This demerit point system is used to identify both extraordinarily serious violations and/or habitually troublesome license holders who have repeatedly violated state statutes and Grand Chute ordinances for the purpose of recommending suspension or revocation of their alcohol beverage license. (2) If the demerit points accumulated from the date of a violation which results in a conviction meet or exceed 50 points in a twelve-month period, the agent or officer will be required to meet with the Licensing Committee. In the event the agent or officer fails to appear before the Licensing Committee as required under this section, a citation and mandatory forfeiture of $ plus statutory costs shall be issued and imposed by the Police Department. (3) Demerit points may be reduced as shown on the schedule if the license holder has had no violations for three years prior to the offense and has met with the Licensing Committee as indicated in Section C.(2), above. (4) The first violation of (1)(a), Wis. Stats., prohibiting selling of alcoholic beverages to underage persons will be assigned 19 demerit points instead of 80 points if the licensee has adopted, prior to the violation, and complied with, a written policy for the Licensed Premises, containing the following provisions: a. Each person authorized to sell alcoholic beverages at the licensed premises has completed the Operator s training course sponsored by the State of Wisconsin and required for Operators of Licensed Premises pursuant to Chapter 125, Wis. Stats., and b. Signage is posted on the licensed premises visible to customers at an area where alcoholic beverages are sold stating the date of birth subsequent to which no such customer is allowed to purchase alcoholic beverages, and c. Clear written expectations are given to employees permitted to serve alcohol, which establishes that all reasonable measures will be taken to avoid serving any minors under any circumstances, and which includes reasonable discipline or incentives related to serving alcohol to patrons, and d. Internal controls to test procedural compliance by staff for serving alcohol, such as utilizing secret shoppers to test policy compliance, and

85 e. Specific criteria for determining when identification must be presented by customers prior to the purchase of alcoholic beverages are established/followed, and f. Quarterly refresher training for all employees permitted to serve alcohol on the policy and laws governing the sale of alcoholic beverages. Type of Violation State Statute Town Ordinance Demerit Points Qualified Reductions Selling to underage person See paragraph C., (4), above (1)(a) Selling to intoxicated person (2) Underage person on premises Licensee/Permittee (3)(a) Failure to be licensed (1) False statement on application (3)(j) Transfer of license without permission (12) Operate on another s license (2m) (2m) Sale without a license (1) Unlicensed bartender (2) (2) Open after hours (3) (3) No carry-out after hours (3) (3) Failure to purchase from licensed wholesaler (9) (6)(a)

86 Type of Violation State Statute Ordinance Points Reductions Town Demerit Qualified Failure to maintain qualifications for license or permit (5) Keep a disorderly, riotous, indecent, or improper house (c) 50 0 Gambling Adult entertainment/ entertainer without permit Obscene material or performances/operation of a sexually oriented business Solicitation of drinks by employee Failure to display permit (10) Owner/agent selling controlled substance Employee selling controlled substance (1) (1) Possession of controlled substance by owner/agent (3g) 100 (misd.) 200 (felony) 0 Possession of controlled substance by employee Possession of drug paraphernalia by owner/agent Possession of drug paraphernalia by employee (3g) [1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

87 D. Calculation of violations. In determining the accumulative demerit points against a licensee within 12 months or 18 months, the Town shall use the date each violation was committed as the basis for a determination if there has been a conviction. If the violations are committed concurrently, the highest point violation shall be assessed. E. Suspension and revocation of license. (1) If the demerit points accumulated from the date of a violation which results in a conviction meet or exceed 50 points in a 12-month period, the agent or officer will be required to meet with the Licensing Committee. The accumulation of points shall result in suspension or revocation of the license in accordance with the following schedule, subject to the exception that for violations under (1)(a) and (5)(a)1, Wis. Stats., such violations may be counted only if the licensee has committed another violation under (1)(a), Wis. Stats., within 12 months of the present violation, in which case all violations committed within one year of a prior violation may also be considered: [Amended by Ord. No [2] ] 100 to 149 points within 12 months: 10-day minimum suspension 150 to 199 points within 12 months: 20-day minimum suspension 200 points within 18 months: revocation [2] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II). (2) When a license is revoked pursuant to this article, the revocation shall be recorded by the Clerk and no other license issued under Ch. 125, Wis. Stats., may be granted within 12 months of the date of revocation to the person whose license was revoked. No part of the fee for any license so revoked may be refunded. F. Upon determination by the Town Board, after hearing, that the license is subject to suspension or revocation, the Clerk shall give notice of such suspension or revocation to the person whose license is suspended or revoked. Such suspension or revocation shall take effect 30 days from the date said notice is given to the licensee. Such notice may be given in person or mailed by certified mail to the address of the addressee shown on the licensee's application. Notice by mail shall be deemed effective five days from the date of mailing. If the suspension or revocation is appealed to the Circuit Court by service of notice of appeal on the Town in accordance with (2)(d), Wis. Stats., on or before 30 days from the effective date of notice of suspension or revocation, the revocation or suspension shall be stayed pending a decision by the Circuit Court on the appeal unless the Board finds that public health, safety, or welfare imperatively require emergency action and incorporates a finding to that effect in its order. If the Circuit Court affirms the suspension or revocation, the period of

88 suspension or revocation shall then take effect beginning on the fifth day following the date the decision is signed by the Circuit Court Judge unless a different date is ordered by the Court. [3] [3] Editor's Note: Original 9.01(8)(g), which immediately followed this subsection, was repealed by Ord. No G. Repossession of license or permit. Whenever any license or permit under this article shall be revoked or suspended by the Town Board or action of any court or Subsection C, it shall be the duty of the Clerk to notify the licensee or permit holder of such suspension or revocation and to take physical possession of the license or permit wherever it may be found and file it in the Clerk's office. [Amended by Ord. No ] H. Transfer/sale of licensed business. [Added by Ord. No ] (1) Upon the transfer or sale of the licensed business, all accumulated demerit points shall be canceled unless any of the following apply: (a) (b) (c) (d) The new licensee is related to the former licensee by blood, adoption, or marriage. The new licensee held a business interest in the previous licensed business, real estate, or equipment. The former licensee retains an interest in the business or equipment used by the business. [Amended by Ord. No ] The new licensee's acquisition of the business did not involve an arm's length transaction consisting of an open market sale in which the owner is willing but not obligated to sell and the buyer is willing, but not obligated, to buy. (2) If any of the above apply, the new licensee shall inherit the demerit points previously assessed and be subject to all penalties set forth by this article. END OF AMENDMENT If any provision of this ordinance is invalid or unconstitutional, or the application of this ordinance to any person or circumstance is invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the above provisions or applications of this ordinance, which can be given effect without the invalid or unconstitutional provision, or its application. Approved and adopted this day of, 20

89 TOWN OF GRAND CHUTE VOTED FOR: VOTED AGAINST: New Language in bold Approved as to Form David Schowalter, Town Chairman Karen L. Weinschrott, Town Clerk Charles Koehler, Attorney Herrling Clark Law Offices 800 N. Lynndale Drive Grand Chute, WI 54914

AGENDA REQUEST 8/9/2018 TOPIC: Resolution TBR-31-2018 authorizing petition to the Office of the Commissioner of Railroads for a new at-grade crossing of the Wisconsin Central Limited railroad line

90 AGENDA REQUEST 8/9/2018 TOPIC: Resolution TBR authorizing petition to the Office of the Commissioner of Railroads for a new at-grade crossing of the Wisconsin Central Limited railroad line associated with the extension of W. Evergreen Drive. New Business Unfinished Business Reports Closed Session Ordinance/Resolution Department Reporting: Community Development Meeting: Town Board Submitted By: M. Patza ISSUE: Approve Resolution TBR BACKGROUND/ANALYSIS: The petition to the Office of the Commissioner of Railroads (OCR) is the first step in the process to obtain approval for a new at-grade railroad crossing. McMahon Group has designed the alignment for the extension of W. Evergreen Drive (attached). McMahon is also coordinating the effort with the Town's petition to the OCR for the new at-grade crossing. RECOMMENDATION: Staff recommends Town Board approval of Resolution TBR FISCAL IMPACT: OTHER FUNDING - TID 2 Expenditure ATTACHMENTS: Proposed alignment of W. Evergreen Drive extension.

91 TOWN OF GRAND CHUTE RESOLUTION, SERIES OF TBR A RESOLUTION OF THE TOWN OF GRAND CHUTE, OUTAGAMIE COUNTY, WISCONSIN, AUTHORIZING A PETITION TO THE OFFICE OF THE COMMISIONER OF RAILROADS FOR A NEW AT-GRADE CROSSING ASSOCIATED WITH THE EXTENSION OF W. EVERGREEN DRIVE WHEREAS, the Town of Grand Chute has been evaluating options for a street connection that will complete the missing link in the east-west I-41 frontage road system to improve connectivity and public safety. Current options for surface streets that cross the Wisconsin Central Limited railroad line are CTH JJ/ W. Edgewood Drive to the north and W. Capitol Drive to the south, resulting in a 1.5 mile span that does not have an east-west connection over the railroad tracks; and WHEREAS, this significant barrier limits connectivity and increases response times for emergency services east of the Town Hall, particularly the Richmond-Evergreen commercial corridor. Emergency service calls in this corridor have increased with recent commercial development and will continue to increase with additional development; and WHEREAS, an extension of W. Evergreen Drive, including a new at-grade railroad crossing, that connects W. Evergreen Drive to W. Grand Chute Boulevard, would drastically decrease response times for emergency services in areas east of the Town Hall. The decreased response time would positively impact public safety and help preserve private property; and WHEREAS, the new street connection would increase economic development opportunities in the surrounding area and offer greater mobility for Grand Chute residents; and WHEREAS, Section Wisconsin Statutes authorizes the Office of the Commissioner of Railroads to determine whether the establishment of the crossing is necessary to promote public safety and convenience and is advisable, to determine the necessary warning devices for the new crossing, and to apportion all costs for the new crossing, including the costs of any warning devices. NOW, THEREFORE, BE IT RESOLVED by the Town Board of Supervisors for the Town of Grand Chute, Outagamie County, Wisconsin, directs Town staff to take all necessary actions to petition the Office of the Commissioner of Railroads for approval of a new at-grade street crossing of the Wisconsin Central Limited railroad line associated with the extension of W. Evergreen Drive in Grand Chute, Wisconsin. Approved and adopted this day of, Number Vote For Number Voted Against Town of Grand Chute David A. Schowalter Town Chairman Karen L. Weinschrott Town Clerk

MEETING DATE TIME LOCATION

MEETING DATE TIME LOCATION Town Board Thursday, January 3, 2019 Immediately Follows Sanitary District Meeting Grand Chute Town Hall 1900 Grand Chute Blvd Board Room A. CALL TO ORDER/ROLL CALL B. APPROVAL