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Record of Proceedings

Common Council Meeting – September 4, 2024: Thrivent Rezonings, Traffic Update, and Wheel Tax Resolution Failed

Common Council — Wednesday, September 4, 2024
BodyAppleton, Wisconsin
SessionCommon Council
DateWednesday, September 4, 2024
StatusFILED
Video Record
0:00 / 59:20

Transcript — Verbatim
0:05

Good evening.

0:06

I now call to order the Wednesday, September 4th, 2024 meeting of the Apple and Common Council.

0:12

Please rise and join me in a moment of silent reflection.

0:28

Thank you.

0:29

Please join me in the Pledge of Allegiance.

0:32

I pledge allegiance.

0:41

Indivisible with liberty.

0:51

Roll call of Alders.

0:53

All are represented with the exception of Alder Person Heffernan and Alder Person Doran, who are excused.

0:58

Roll call of officers and department heads.

1:00

All are represented.

1:02

Thank you.

1:04

In a motion to approve the minutes of the previous meeting.

1:09

We have a motion and a second to approve.

1:11

Is there any discussion of the minutes?

1:17

Hearing none, please cast your votes.

1:46

Okay.

1:47

Alder Schultz, do you vote aye?

1:50

Okay, thank you.

1:53

That motion passes 14 to actually would it be no.

2:08

All right.

2:14

All right.

2:14

We'll update the record to reflect that the motion passed 13 to zero.

2:19

Alder Heffernan did not, in fact, vote.

2:21

Yeah, yeah.

2:24

We're gonna keep an eye on you, Alder Schultz.

2:26

All right.

2:28

All right.

2:30

We've approved the minutes.

2:31

Moving along to business presented by the mayor.

2:33

Uh, have a recommendation for your consideration.

2:35

This is for the Library Board of Trustees.

2:38

Item 24-1178.

2:41

We do have a motion and a second to approve.

2:43

Is there any discussion?

2:47

Hearing none, please cast your votes.

2:55

Oh, weird.

3:06

That motion passes 13 to zero, and uh the appointment's been approved.

3:10

Thank you for approving this appointment.

3:12

And uh we thank Mary for volunteering her service and look forward to welcoming her to the library board of trustees.

3:19

All right, moving along.

3:21

Uh a subject that we've all uh heard heard a little something about uh noise downtown uh and and generally traffic safety, traffic enforcement.

3:32

Uh and given the level of interest from members of this body and also from the community, I thought it would be helpful just to get an update from Chief Olson on uh enforcement efforts and and the things that they're observing from PD perspective with respect to traffic issues in and around the downtown area in particular.

3:52

So with that, I'll hand it over to Chief.

3:53

Uh, what which might direct your okay Chief Olson?

3:57

Go ahead.

3:57

Thank you.

3:58

Yeah, I wanted to just provide a quick update on our enforcement efforts that happened through the downtown area over the summer.

4:06

I hope you had a chance to take a look at the attachments.

4:09

Uh the first one just is uh a map outlining what we defined as the downtown area for purposes of collecting statistics.

4:18

Um so as you can see, we've included going from the roundabout on East College, the college John Walter through Linwood Drive.

4:28

And the purpose for that is that many times these stops, even if the violation itself originated on College Avenue, the stop itself may not happen until one of the arterial side streets.

4:40

So it's important when looking at these stats to kind of capture that entire area as best we can.

4:47

So as far as the enforcement itself is concerned, I broke it down to three separate months.

4:52

So June, July, and August.

5:00

August numbers are going to be on the low side, just because some of the data hadn't made its way completely through the system as of today's date or the date of the data, which was 827, so actually a week ago.

5:07

In general, as you can see, the entire throughout the entire city for June, we had uh 1,198 stops with 340 happening in the downtown area, which is about 28% of all of the stops in the city are happening in the downtown area.

5:25

Um July was similar with 1200 uh throughout the city and 296 downtown, which is 23 percent.

5:32

In August, we're in on track to actually be the highest number of stops that we had through the downtown with 292 and 28% of the total stops throughout the city.

5:44

And then I included uh just some data of like one night in particular on August 22nd, but in just three hours of time between 7 p.m.

Discussion Breakdown — Share of Meeting
Procedural████████████████████████████████32%
Affordable Housing████████████████16%
Public Engagement████████████████16%
Transportation Safety███████████████15%
Emergency Management██████6%
Engineering And Infrastructure█████5%
Public Transportation█████5%
Budget Equity Analysis███3%
Public Safety██2%
Summary of Proceedings

Common Council Meeting – September 4, 2024

The Appleton Common Council met on Wednesday, September 4, 2024, at 7:00 PM in the Council Chambers. The meeting was called to order by Mayor Jake Woodford and adjourned at 8:00 PM. Fourteen alderpersons were present, two excused. The council approved a consent agenda, held public hearings, and voted on several items, including a failed resolution to require a supermajority vote on wheel tax increases. Key actions included approval of Thrivent property rezonings, adoption of the Outagamie County Hazard Mitigation Plan, and updates to the municipal code.

Consent Calendar

  • Approved minutes of the August 21, 2024 Common Council meeting (13-0).
  • Confirmed appointment of Mary to the Library Board of Trustees (13-0).
  • Approved the following items from committee reports on a single motion (balance of agenda, 13-0):
    • Lawe Street Concrete Reconstruction Design (24-1133).
    • Grant application for new traffic signal at Richmond Street (STH 47)/Ridgeview Drive intersection (24-1134).
    • Ordinance updating Municipal Code Chapter 15, Article III, Rates and Charges (refuse fees) (24-1135).
    • Fee waiver request for 311 N. Superior Street (24-1154).
    • Sole source contract with TAPCO for TIBA ramp system upgrades, not to exceed $221,209 (24-1157).
    • Adoption of Outagamie County Hazard Mitigation Plan (24-1145) – voted separately, passed 13-0.
    • Update to Appleton Municipal Code Chapter 5 (Emergency Management) (24-1146) – voted separately, passed 13-0.
    • Rezoning #7-24 for 319 N. Drew Street from R-2 to R-1C (24-1030).
    • Downtown Appleton BID 2025 Operating Plan (24-1116).
    • AWWTP V-Building Elevator Renovation contract to Otis Elevator Co., total not to exceed $292,930 (24-1148).
    • AWWTP Waste Heat-to-Power Generator Install contract to Rhode Bros, Inc., total not to exceed $605,763, with budget amendment of $200,000 (24-1149).
    • Sole source contract with Restoration Systems, Inc. for Green Ramp Barrier Panel Emergency Repair Phase 2, not to exceed $59,613 (24-1152).
    • Sole source engineering contract to Donohue for AWWTP Anaerobic Digester Evaluation, total not to exceed $54,515 (24-1158).
    • Sole source engineering contract to McMahon for Water Tower Booster Pump Improvements, total not to exceed $48,900 (24-1159).
    • Sole source contract to Applied Technologies Inc. for AWWTP Column and Plank Storage Upgrades, total not to exceed $28,050 (24-1160).
    • Authorization to opt out of Tyco and BASF class action lawsuits (24-1049).
    • Engineering Services Contract to Donohue for Utilities Network System Upgrades, total not to exceed $256,324 (24-1060).
    • Ordinance updating Municipal Code Chapter 20, Article V, Stormwater Management Services (24-1131).
    • Summer Sewer Credit Policy (24-1170).
    • Wastewater Treatment Plant Table of Organization Change (24-1102).
    • Generative AI Policy (24-1095).
    • Sole source A&E Services Contract to Kueny Architects for Whitman Ave. Phase 2 Construction (24-1138).
    • Various license applications: EVapor of Appleton (two locations), Pickleball Kingdom Appleton, Hank & Karen's Pub & Grill temporary premise amendment, Petco renewal, Top Dogz Vape Shop.

Public Comments & Testimony

  • Jason Schulist (621 E Sheffield Ln) spoke regarding the Thrivent property items (24-0997 and related). He questioned the lack of a traffic study before rezoning, encouraged reuse of existing buildings, asked about timing and total population added. He expressed concerns about high density without sufficient study.

Public Hearings

Four public hearings were held:

  1. 24-0997 – Comprehensive Plan Future Land Use Map Amendment #1-24 (Thrivent property). Speakers:
    • John Vanderkolk (3301 E Drake Ln) opposed the rezoning without more study. He cited existing traffic congestion on Ballard Road, especially near North High School, and concern about loss of green space and stormwater runoff. He called for a traffic study before construction.
    • Steve VanRyzin (1211 E Wyndmere Dr) expressed concerns about density, impact on adjacent properties, and desire for flexibility in the plan to preserve green space and reduce unit count. He also noted a hunting area in Grand Chute near the proposed walking trail.
    • Kari Stueber (3900 N Millwood Dr) echoed concerns about traffic on Mead Street, school traffic, and safety for pedestrians and cyclists crossing the 441 bridge. She asked whether the bridge would be expanded for pedestrians.
  2. 24-0998 – Planned Development Major Amendment to PD #4-00. No speakers.
  3. 24-0999 – Rezoning #6-24 (Thrivent property). No speakers.
  4. 24-1059 – Rezoning #7-24 (319 N. Drew Street). No speakers.

Discussion Items

  • Downtown Traffic Noise Update (24-1179): Chief Olson presented enforcement data for the downtown area. In June, 340 of 1,198 citywide stops (28%) occurred downtown; July had 296 of 1,200 (23%); August (through 8/27) had 292 stops, on track for 28%. Common violations included reckless driving, excessive acceleration, defective exhaust, and speeding. Enforcement was conducted via state and federal grant-funded overtime. The Mayor noted ongoing conversations about additional tools to address noise and that the issue is not unique to Appleton. The update was informational.
  • Thrivent Property Items (24-0928, 24-0930, 24-0932): Alder Hayden disclosed his employment at Thrivent but stated no conflict of interest. He noted the project is multi-decade and that traffic and drainage studies will be required by state statute. Director Homan confirmed a traffic impact analysis is already underway. Alder Fenton praised Thrivent's transparency and noted the housing shortage; the plan calls for 2,200–2,300 new units. Alder Hartzheim asked if the city could legally block the rezoning; Attorney Barons indicated it would be difficult without a valid planning basis. Alder Wolff expressed excitement for the mixed housing types. The three items were approved separately (each 13-0).
  • Lawe Street Concrete Reconstruction Design (24-1133): Alder Meltzer and Alder Smith thanked staff and the neighborhood for input. Meltzer requested that concrete median designs accommodate flower beds for neighborhood maintenance. Mayor Woodford noted community interest in the project. Approved 13-0.
  • Resolution #8-R-24 – Supermajority Vote on Wheel Tax Increases (24-0972): Alder Croatt introduced the resolution, arguing that wheel tax increases should require a two-thirds vote because of their impact on taxpayers. He noted that feedback from constituents was overwhelmingly opposed to the recent increase. Alder Firkus noted that a future council could repeal the resolution with a simple majority, making it low stakes. Alder Hartzheim supported the higher bar for issues directly affecting constituents. Alder Van Zeeland opposed, stating the real issue was lack of a written funding plan, not the vote threshold. Alder Smith opposed, citing concerns about setting a precedent that handcuffs the council. The motion failed 3-10 (Ayes: Siebers, Hartzheim, Croatt; Nays: Meltzer, Firkus, Smith, Van Zeeland, Fenton, Hayden, Schultz, Jones, Alfheim, Wolff; Excused: Heffernan, Doran; Abstained: Mayor Woodford).
  • Budget Amendments for Valley Transit (24-1069): Approved 13-0. These amendments accepted $25 million in RAISE grant funds, $1.8 million in ARPA funds, $15 million in Section 5339b funds, and $4,191,645 in CARES Act funds for the Transit Center reconstruction and Whitman facility remodel. Mayor Woodford praised Valley Transit's grant success.
  • Ordinances #102-24 to #117-24 (24-1161): Approved 13-0.

Key Outcomes

  • Approved (all 13-0 unless noted):
    • Thrivent Comprehensive Plan Amendment #1-24, Planned Development Amendment, and Rezoning #6-24.
    • Lawe Street Concrete Reconstruction Design.
    • Outagamie County Hazard Mitigation Plan adoption.
    • Municipal Code Chapter 5 update.
    • All consent calendar items, including contracts, licenses, and policy updates.
    • Valley Transit budget amendments.
    • Ordinances #102-24 to #117-24.
  • Failed (3-10): Resolution #8-R-24 to require a supermajority vote on wheel tax or wheel tax-related fee increases.
  • Next Steps: Staff will continue traffic and drainage studies for the Thrivent development. The Mayor committed to providing an update to the council on the 41 project and community-sensitive solutions. Lawe Street reconstruction will proceed with utility work over two summers.

Meeting Transcript

Good evening. I now call to order the Wednesday, September 4th, 2024 meeting of the Apple and Common Council. Please rise and join me in a moment of silent reflection. Thank you. Please join me in the Pledge of Allegiance. I pledge allegiance. Indivisible with liberty. Roll call of Alders. All are represented with the exception of Alder Person Heffernan and Alder Person Doran, who are excused. Roll call of officers and department heads. All are represented. Thank you. In a motion to approve the minutes of the previous meeting. We have a motion and a second to approve. Is there any discussion of the minutes? Hearing none, please cast your votes. Okay. Alder Schultz, do you vote aye? Okay, thank you. That motion passes 14 to actually would it be no. All right. All right. We'll update the record to reflect that the motion passed 13 to zero. Alder Heffernan did not, in fact, vote. Yeah, yeah. We're gonna keep an eye on you, Alder Schultz. All right. All right. We've approved the minutes. Moving along to business presented by the mayor. Uh, have a recommendation for your consideration. This is for the Library Board of Trustees. Item 24-1178. We do have a motion and a second to approve. Is there any discussion? Hearing none, please cast your votes. Oh, weird. That motion passes 13 to zero, and uh the appointment's been approved. Thank you for approving this appointment. And uh we thank Mary for volunteering her service and look forward to welcoming her to the library board of trustees. All right, moving along. Uh a subject that we've all uh heard heard a little something about uh noise downtown uh and and generally traffic safety, traffic enforcement. Uh and given the level of interest from members of this body and also from the community, I thought it would be helpful just to get an update from Chief Olson on uh enforcement efforts and and the things that they're observing from PD perspective with respect to traffic issues in and around the downtown area in particular. So with that, I'll hand it over to Chief. Uh, what which might direct your okay Chief Olson? Go ahead. Thank you. Yeah, I wanted to just provide a quick update on our enforcement efforts that happened through the downtown area over the summer. I hope you had a chance to take a look at the attachments. Uh the first one just is uh a map outlining what we defined as the downtown area for purposes of collecting statistics.

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