Appleton Common Council Meeting – May 15, 2024

The Common Council met on Wednesday, May 15, 2024, at 7:02 PM in the Council Chambers. Twelve alderpersons were present, four were excused. The meeting included proclamations, awards, a moment of silence, approval of routine committee reports, a public comment, and two separated agenda items: a sole-source leak monitoring system contract and a resolution on overnight parking. The overnight parking resolution was ultimately denied after extensive debate.

Consent Calendar

• Approval of the May 1, 2024 meeting minutes.
• Proclamations for Neurofibromatosis Awareness Day, Hmong American Day, Safe Boating Week, American Legion Poppy Day, and Police Week.
• Confirmation of appointments to the Advisory Panel on Sustainability & Climate Resilience.
• Approval of numerous items from committee reports, including:
  • Street occupancy permit extension for the Fox Commons City Center Plaza project.
  • Revisions to the Downtown Appleton Parking and Meter Bag Policy.
  • Ordinance changes for Clearwater Creek 4th Addition, Lightning Drive, Linwood Avenue, Owaissa-Wisconsin RRFB, Quest Drive, Rise Apartment Project, and Southpoint Commerce Park.
  • Proposed loading zone stalls by the YMCA (200 E Lawrence St) after a six-month evaluation.
  • Temporary premises amendment for Hank & Karen's for a Memorial Stock Car Event.
  • Electronic vaping device retail license for The Dispensary.
  • Class B liquor license for Ellinor.
  • Automatic aid agreements with Little Chute, Kimberly, and Grand Chute fire departments for structure fire response.
  • Sole source contract renewal for ACMS crossing guards.
  • Resolution authorizing the Safe Drinking Water Loan Program award of $611,302 and corresponding 2024 budget amendment for lead service replacement (required 2/3 vote).
  • Sole source contract to McMahon ($27,000 + $2,700 contingency) for CO₂ system rehabilitation at the Water Treatment Facility.
  • Acceptance of $611,302 DNR loan with 100% principal forgiveness for private lead service line replacement.
  • Contract amendment #1 to McMahon ($26,900 increase) for Phase II Solids Dewatering Equipment Upgrades.
  • Syntech Fuelmaster Upgrade (sole source approved).
  • DPW Administration Table of Organization change.

Public Comments & Testimony

• Tanner Van Stippen spoke to thank the council for his appointment to the Advisory Panel on Sustainability & Climate Resilience and expressed his eagerness to participate.

Discussion Items

• 24-0586 – Sole Source Award for Leak Monitoring System (Separated by Alder Hartzheim):

  • The item authorized a sole-source award to Badger Meter Syrinix for a leak monitoring system not to exceed $90,000.
  • Alder Hartzheim asked Director Black whether the city is being proactive or responding to PSC mandates. Director Black explained that the city has consistently been over 15% water loss in annual audits and the PSC could require action, so the city is being proactive. He confirmed the $90,000 is sufficient for the initial deployment.
  • The motion carried 12-0.

• 23-1251 – Resolution #11-R-23 Overnight Parking (Separated by Alder Siebers):

  • This resolution would have allowed alternate-side overnight parking on most city streets from April through October.
  • Alder Schultz moved to refer the item back to committee, arguing the discussion had missed impacts on short-term rentals, college students, and enforcement. Alder Fenton objected. The chair ruled a 2/3 vote (eight votes) was needed to refer back. The vote was 9 in favor of sustaining the objection (keeping the item on the agenda) and 2 against, so the refer back failed.
  • Alder Firkus offered an amendment to remove the word “trial” from the program language, changing it from a trial to a permanent program and requiring ongoing evaluation. Discussion included:
    • Alder Alfheim asked Director Black about cost. Director Black estimated two additional full-time parking enforcement positions ($165,000/year) plus a vehicle ($30,000 + ongoing costs), and noted administrative burdens.
    • Alder Alfheim expressed concern about the cost and preferred waiting for the parking utility to have more revenue.
    • Alder Schultz argued that enforcement is already weak and that the program could start with an educational approach.
    • Alder Firkus argued that the council should “fail forward” and implement the policy without waiting for full enforcement resources.
  • The amendment failed 5-7.
  • Alder Fenton then moved to approve the committee’s recommendation of denial (i.e., reject the resolution). The motion carried 8-4 (notwithstanding vote).
  • Alder Siebers indicated he would research how seven of ten similar-sized cities handle overnight parking and may propose future changes to the parking utility.

Key Outcomes

• Leak monitoring system approved (12-0).
• Overnight parking resolution denied (8-4). A motion to refer back failed (9-2). An amendment to remove the “trial” language failed (5-7).
• All consent calendar items were approved on a single vote (12-0).
• A new resolution (#6-R-24) for a Responsible Bidder Ordinance was submitted and referred to the Finance Committee at the Mayor’s request.
• Meeting adjourned at 8:03 PM.