Appleton Common Council Meeting - March 20, 2024
Appleton Common Council Meeting - March 20, 2024
The Appleton Common Council met on Wednesday, March 20, 2024 at 7:00 PM in the Council Chambers. Mayor Jake Woodford called the meeting to order with 16 alderpersons present. The meeting included public participation, discussion on several key items, and votes on a street occupancy permit, a native landscape management contract, a development incentive agreement for U.S. Venture, and a reconsideration of yard waste site hours.
Consent Calendar
- Approved the minutes of the March 6, 2024 meeting (15-0-1).
- Approved multiple routine items from committee reports including:
- Installation of all-way stop at Capitol Drive and Conkey Street.
- Parking change on Drew Street north of North Street.
- Temporary street occupancy permit for Rise Apartment construction.
- Annual street occupancy permit for RYE Restaurant's window planter box (subject to separate vote below).
- Municipal Code revisions regarding alarm fees.
- Various liquor and tobacco license applications (Thapa Petroleum, Meade Street Bistro, Aldi #86 and #68, Antojitos Mexicanos, Appleton Axe, and vaping device retailers).
- Award of Unit G-24 Southpoint Commerce Park contract to Carl Bowers & Sons Inc. ($2,366,282.52 total).
- Maintenance of current selling prices for business/industrial park land.
- 2023 Annual Stormwater Report to DNR.
- Award of 2024 Ash Tree Removal Contract to Foley's Tree Service, LLC ($375,000).
- Award of Appleton Water Treatment Facility Clearwell Repairs to August Winter and Sons, Inc. ($290,400 total).
- Environmental Health Pool Fees.
- Amendment to Rodent Control Article III.
The balance of the agenda was approved 15-0 after separate items were addressed.
Public Comments & Testimony
- Rye Restaurant Planter Box (Item 24-0279): Danielle Weyenberg and Nathan Weyenberg (310 W College Ave) spoke against the planter box, stating it is a hazard for visually impaired pedestrians, violates ADA protrusion limits (4 inches vs. 12 inches), and conflicts with city code. Nick Morse (owner of Rye) and Mackenzie Vandenberg (general manager) spoke in favor, noting they were unaware of ADA issues, have taken immediate action to remediate, and have maintained the box since 2016 without incidents. They requested approval to work with the city on a compliant solution.
- U.S. Venture Development Agreement (Item 24-0269): Jennifer Stephany (Appleton Downtown Incorporated), Mercedes Bereza (VP Marketing, U.S. Venture), and James Fenlon (Director of Planning, U.S. Venture) expressed strong support. They highlighted the $40 million investment, retention of 650 employees, increased assessed value from $13 million to nearly $30 million, activation of additional lots, parking utility benefits, and alignment with downtown revitalization.
Discussion Items
- Rye Restaurant Street Occupancy Permit: Alder Van Zeeland moved to amend the permit to require modifications making the planter box ADA compliant. The amendment passed 15-0. The permit as amended was approved 13-2, with Alders Meltzer and Wolff opposed. Discussion included ensuring compliance within 30-60 days and the planter overhanging approximately 4 inches into the right-of-way.
- K-24 Native Landscape Management Contract (NES Ecological Services, $192,345.12): Alder Del Toro spoke against the contract, citing glyphosate use as a carcinogen and urging a shift away from business-as-usual. Other alderpersons (Meltzer, Schultz, Hayden, Fenton) acknowledged concerns but noted lack of immediate alternatives, staff expertise, and integrated pest management. The contract was approved 11-4, with Alders Siebers, Del Toro, Schultz, and Wolff opposing.
- Development Incentive Agreement with USV 222, LLC (222 W. College Avenue): The council went into closed session (15-0) at 7:52 PM to discuss purchasing of public properties and public fund investment for the U.S. Venture project. They reconvened at 8:33 PM. Discussion focused on the pay-as-you-go TIF structure (no financial risk to city, 90% of incremental revenue passed through), parking lot acquisition (not viable due to budget constraints), and economic multiplier effects. Alder Doran voted no, citing a desire to explore purchasing parking lots to avoid impacting other taxing entities; others emphasized the $40 million investment and zero new city spending. The agreement was approved 14-1, with Alder Doran opposed.
- Reconsideration of Yard Waste Site Hours (Item 24-0214): The council voted 13-2 (Alders Del Toro and Thyssen opposed) to reconsider the item after a previous tie vote (6-6 on March 6). An amendment by Alder Meltzer to add winter Saturday hours at Glendale (last Saturday of November, January, February, March) failed 3-12. The original proposal (reducing hours at Glendale and Whitman sites, eliminating Saturday service in winter) was approved 14-1 (Alder Meltzer opposed). Staff noted the change frees employees for snow plowing, with only 1-2 yard waste customers on winter weekends.
Key Outcomes
- Streets and Permits:
- Rye Restaurant annual street occupancy permit approved as amended with ADA compliance requirement (13-2).
- Contracts and Awards:
- Native landscape management contract with NES Ecological Services approved ($192,345.12) (11-4).
- Unit G-24 Southpoint Commerce Park contract awarded to Carl Bowers & Sons Inc. ($2,366,282.52) (consent).
- Ash tree removal contract awarded to Foley's Tree Service LLC ($375,000) (consent).
- Water treatment facility clearwell repairs awarded to August Winter and Sons, Inc. ($290,400) (consent).
- Economic Development:
- Development incentive agreement with USV 222, LLC approved (14-1).
- Yard Waste Operations:
- Modified hours of operation at Glendale and Whitman Yard Waste Sites approved (14-1) after reconsideration.
- Resolutions Referred:
- Two resolutions submitted by Alders Del Toro, Meltzer, and Schultz were referred to staff: Environmental Education Resolution (#3-R-24) and Sustainable Use of Pesticides Resolution (#4-R-24).
Meeting Transcript
Good evening. I now call to order the Wednesday, March 20th, 2024 meeting of the Appleton Common Council. Tonight's invocation will be delivered by Alder Hard sign. We gather together to listen and share, learn and educate, and to be granted wisdom and grace as we move Appleton forward in the best interest of our community. Please join me in the Pledge of Allegiance. I pledge allegiance to the flag of the United States of America and to the Republic for which it stands. One nation under God, indivisible with liberty and justice for all. Roll call of Alders. All are represented. Roll call of officers and department heads. All are represented. We have a motion and a second to approve. Is there any discussion of the minutes? Hearing none, please cast your votes. Motion passes 15 to 0. The minutes have been approved. I have no business to present to you this evening, but I do want to take a moment and uh thank the folks at Huntley Elementary School. We had a 120 fourth graders come through City Hall today to learn a little bit about their local government. So I appreciate the work of the staff for shepherding them through the building and for their patience. That was a great visit with the kids from Huntley and uh a really good time, a good reminder of why we do the things we do. So I just wanted to make mention of that. Uh but we come now to a time of public participation at each meeting of the common council. Uh the council reserves 30 minutes for members of the public to express their views on items which appear on our agenda. We have seven people signed up to speak this evening. When I call your name, please approach the microphone and state your name and address for the record. We ask that you please keep your comments concise and to the point, and that you please take into consideration the comments that have been made by those who've spoken before you. For those of us who navigate using a white cane or guide dog, objects in the right-of-way are very problematic as we are depending on some predictability in the built environment to get spatial awareness and move safely. As a white cane user myself, when I encounter an unpredicted object, I need to use a cane to determine the size of the object and figure out how to route around it. If the object juts into the right-of-way, is not at ground level, or if it gets wider near the top, I am unable to detect the object with my cane. I'm likely to sideswipe the object, or depending on its height, get hit in the thighs, torso, or face. We use sound cues a lot in our mobility, but again, these sorts of planters aren't giving a sound cue, so we are vulnerable in these types of environments. We personally have had multiple blind and visually impaired people in our adjoining store in just the last month. They, if they were not accompanied by sighted individuals, they would not be able to have any awareness of the box being there. Um additionally, we've had uh during the cafe walk on the second earlier this month, which was a busy pedestrian day. We had a teenage girl who brushed her face and uh irritated her eye with the amount of branches that are overhanging. Um I've heard comments about the visual aesthetic of the box being a benefit for downtown. However, that only works if you have vision abilities. If you can't see or have visual impairments, the box is not going to be anything but a hazard. Um I've also heard the word empathize or empathy in response to my email that people empathize with the visually impaired, but that they don't see a problem with the box. I think it's less of a problem of empathy and more to do with respect. It's respecting those with disabilities and respecting the laws that are put into place for a reason to protect them. So I'm hoping that you'll agree with me there. Thank you. Welcome, second day of spring. Wisconsin does give us a roller coaster, doesn't it? Um I'm here to talk about the appetite code, section 12-30, public nuisances affecting peace and safety. The following acts, omissions, places, conditions, and things are hereby declared to be public nuisances affecting peace and safety. Item number one all signs, billboards, awnings, and other similar structures over or near streets, sidewalks, public grounds or places frequented by the public, so situated or constructed as to endanger the public safety. Adopted November 2nd, 2022. No elevated planting planting beds are permitted.
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