Appleton Common Council Meeting – November 6, 2024

The Appleton Common Council met on Wednesday, November 6, 2024, at 7:03 PM in the Council Chambers. The meeting included proclamations, public participation, a public hearing, committee reports, and a reconsideration of a smoking prohibition ordinance. Most items were approved with broad support, with notable votes on the 2025 Special Event Policy (12–1) and the smoking prohibition around the Valley Transit Center and Appleton Public Library (11–2 after reconsideration). The council also entered closed session to discuss real estate negotiations, reconvening without action.

Consent Calendar

• Approval of Minutes (October 16, 2024): Approved 13–0 (Mayor abstained).
• Proclamations: Recognized Lung Cancer Awareness Month, Youth HOPE Month, Native American Heritage Month, Lennox-Gastaut Syndrome Awareness Day, Appleton High School DECA Week, Crash Responder Safety Week, and Small Business Saturday.
• Committee Reports (Balance of Agenda): All remaining items from committee reports were approved en bloc 13–0, including:
  • Occupancy permit extensions for Boldt LU/Trout College/Drew and Kimball Street.
  • Taxicab license renewal for L&M Carriage Service.
  • Three sets of municipal code text amendments (driveways/parking, official map notices, alcohol use permits) from the City Plan Commission.
  • CEA Review Committee Report.
  • Obligating $985,000 in ARPA funds to the Fox Cities Exhibition Center repositioning project.
  • Sole source contracts: Beneficial Reuse Management for biosolids (2025–2027); Wastecorp Pumps for a plunger pump ($35,000 with budget amendment); McMahon Associates for Summer Street Lift Station engineering ($128,310).
  • Three building code text amendments (Sections 4-66, 4-241, 4-546).
  • 9% wastewater rate increase and compost fee increase to $14/cubic yard, effective January 1, 2025.
  • Hiring Matrix Consulting Group for Appleton Police Department organizational/workload study.
  • Fringe benefit policy update.
• Ordinances (#139-24 to #167-24): Approved 13–0.

Public Comments & Testimony

• Oliver Zornow (1009 N. Oneida St.) spoke in support of the proposed smoking prohibition around Valley Transit Center and Appleton Public Library. He argued that curtailing smoking in a shared public space is necessary to ensure accessibility and safety for all, including children, and noted the city already restricts smoking in many areas.
• Public Hearing (Item 24-1269): A public hearing on text amendments to Chapters 9, 16, 19, and 23 of the Municipal Code was held; no one spoke.

Discussion Items

• 2025 Special Event Policy (Item 24-1318): Separated from the consent agenda. Alderperson Meltzer questioned the fee structure for Jones Park lot/stage rental, which requires also renting the pavilion. Director Gazza explained the policy prevents double-booking and that the pavilion provides restrooms. Alderperson Hartzheim asked about future review; staff agreed to bring an update to the Safety and Licensing Committee after implementation. No amendments were offered. The policy was approved 12–1 (Alderperson Doran voting nay).
• Reconsideration of Smoking Prohibition (Items 24-1423 and 24-1299): The council first voted 12–1 to reconsider the item that had failed 7–5 on October 16, 2024. On the underlying proposal to update Municipal Code 7-100(d) to prohibit smoking around the Valley Transit Center and Appleton Public Library, discussion followed:
  • Alderperson Hartzheim expressed continued opposition, suggesting more limited restrictions (e.g., keeping smoking away from the children’s garden).
  • Alderperson Hayden supported the measure, emphasizing child welfare and the library’s inclusive nature.
  • Alderperson Alfheim, a former smoker, argued that smokers will find legal places to smoke and that the restriction protects non-smokers.
  • Alderperson Van Zeeland noted the city’s duty to provide library services and that the American Lung Association submitted a letter of support (not in the packet). The motion to approve the smoking prohibition passed 11–2 (Alderpersons Hartzheim and Doran voting nay).

Key Outcomes

• Approved: 2025 Special Event Policy (12–1).
• Approved: Smoking prohibition around Valley Transit Center and Appleton Public Library (11–2 after reconsideration).
• Approved: All consent calendar items (13–0), including routine permits, contracts, text amendments, rate increases, and study authorizations.
• Closed Session: The council convened in closed session at 7:29 PM under Wis. Stat. §19.85(1)(e) to discuss real estate within city industrial parks. Reconvened at 8:01 PM with no action taken.
• Adjournment: The meeting adjourned at 8:02 PM.