Plan Commission Meeting Minutes – May 21, 2020

A meeting of the City of Kaukauna Plan Commission was called to order at 4:00 p.m. on Thursday, May 21, 2020, by Chairman Penterman. This meeting was held via teleconference.

Members Present: Feldt, Feller, Moore, Penterman, Schoenike, Sundelius, Thiele.

Also Present:  Planning Director Jakel, Principal Planner Brunette, Project Engineer Neumeier, City Attorney Davidson.

1. Introduction of New Member. Chairman Penterman introduced new member Giovanna Feller as the citizen representative replacing John Moore.  Moore was recently elected to the Common Council and will replace Mike Coenen on the Plan Commission as the alder representative.
2. Minutes. A motion to approve the minutes of the April 9, 2020, meeting was made by Moore, seconded by Feldt.  Upon roll call, all members voted aye.  Motion carried.
3. Municipal Branding Initiative Update. Brunette explained that staff along with Guide Studios held remote meetings with focus groups and engaged the community with an online survey.  Ms. Brunette explained that a more detailed report on the survey data will be coming – there were approximately 800 responses – and will be transparent whether the responses were positive or negative.  Ms. Brunette explained that the use of open- ended questions versus multiple choice carries more weight when a pattern emerges.   Ms. Thiele explained that she was impressed with the number of responses and while they were generally positive comments, there is still work to be done.  Mr. Schoenike explained that it was good to see a community wide average sample of responses.  Ms. Brunette explained that major employers were encouraged to promote the survey to their staff members, whether they lived in Kaukauna or not as a way to create a diverse sample.

   Storm Sewer Easement for TCP LLC (Precision Scraping and Alignment). Jakel explained that the Industrial Park Commission had approved Precision Scraping’s plan for expansion of their facility, however storm sewer improvements would be required as part of the project.  An easement between the City and Precision is necessary to accommodate private improvements on public property.  Mr. Jakel noted that this is not a unique situation.   A motion to recommend to the Council approval of the easement as presented was made by Schoenike, seconded by Feldt.  Upon roll call, all members voted aye. Motion carried.

4. Expanding Leashed Dog Provisions in Public Open Space. Ms. Brunette explained that public opinion received as part of the 2019 Recreation and Open Space Master Plan was to have dogs allowed in more public places. The current ordinance and existing signage are unclear. Ms. Brunette explained that during the master plan approval process, the Council recommended that property garbage disposal of dog waste be available along with consideration of limited dog access in parks with playground equipment. Brunette recommended the expanded provisions for open spaces that are typically under-utilized as a way to increase use and maximize City assets.  Mr. Sundelius asked if the expanded provision would be for on-leash or off-leash dogs.  Ms. Brunette explained that it would be limited to on-leash dogs.  Mr. Moore asked if Rapide Croche Park would be included. Ms. Brunette explained that since the property is City-owned and recently annexed into the City, it would be included. Ms. Thiele explained that she is a dog-owner but does have concerns regarding park-users following the rules.  Mr. Moore asked if there was a way to determine how many of the survey responses came from City residents.  Ms. Brunette explained that she estimates the responses at between 60 and 75% by residents but she could not say for certain.  A motion to forward the item on to the Legislative Committee for review and recommendation to the Council was made by Feller, seconded by Feldt.  Upon roll call, all members voted aye.  Motion carried.
5. Discussion on Outdoor Dining Regulations. Watson explained that local restaurants and businesses have shown creativity and resilience during the COVID-19 pandemic incorporating options like curb-side pick-up and now they are looking for ways to modify their business model to meet the new consumer expectations. Ms. Watson explained that local restaurant 313 is interested in possibly expanding their outdoor spaces to accommodate social distancing which would typically require an outdoor alcohol permit with fencing requirements and Police approval or a sidewalk café permit depending on the location of the business.  Ms. Brunette explained that staff recognizes that the permit needs revisions and warrants a close look by staff based on the number of inquiries by the business community.  Ms. Brunette explained that other communities are expanding their policies to be more accommodating and suggested considering an ordinance change or a temporary permit based on seating versus square footage.  Attorney Davidson explained that while the City strives to support small businesses that are struggling, there are issues with expanding capacity of patrons while managing public safety.  The Police and Fire Departments would need to weigh in on any proposed changes relative to fencing and capacity.  Mr. Moore asked if the changes would be limited to the pandemic.  Attorney Davidson suggested a short-term or temporary easing of restrictions as the existing ordinance proceeds the current Council.  Mr. Schoenike explained that action should be taken as soon as possible on a temporary basis.  Ms. Brunette explained that a temporary easing of restrictions is a great way to test drive the program and suggested running it through September then addressing any issues with capacity controls and enforcement. Mr. Moore asked when the permits could be issued.  Ms. Brunette explained that it could be done quickly and that if a new permit is created, staff would support waiving any fees at this time.  Ms. Brunette added that businesses with more than 50% of sales from food are held to a different level.  Attorney Davidson confirmed and explained that the levels are tied to gross sales.  Mr. Moore explained that he understood the hardship for small business and supported the relaxing of restrictions.  Ms. Feller agreed and explained that she supported waiving permit fees and expanding outdoor seating through September.  A motion to forward the item on to the Health and Recreation Committee for recommendation to the Council temporarily easing restrictions on outdoor seating at bars and restaurants and waiving permit fees approval through September was made by Moore, seconded by Feldt.  Upon roll call, all members voted aye. Motion carried.
6.  “Thilmany Fund” Project Approval for Red Hills Landfill Improvements. Sundelius explained when Expera expanded the Red Hill Landfill, they entered into an agreement with the City (through the Landfill Siting and Review Committee) to maintain two accounts for tipping fees to fund future improvements.  Thilmany is requesting use of the funds to enhance the berm and repair the leachate pumping system.  The leachate pumping system improvements will reduce stray water and odor.  Mr. Sundelius explained that there is adequate funds in the account to cover the request.  Mr. Moore asked for staff’s recommendation.  Mr. Sundelius explained that the projects meet the criteria per the agreement and he would recommend approval.    A motion to recommend to the Council approval of the funding request for improvements to the landfill was made by Feldt, seconded by Schoenike.  Upon roll call, all members voted aye.  Motion carried.

There being no further business to be brought before the Commission, a motion to adjourn the meeting at 5:00 p.m. was made by Sundelius, seconded by Thiele.  All members voted aye.  Motion carried.

Julianne Schroeder
Community Development Coordinator