District 6 Update, April 11, 2021
Good afternoon District 6,
During the Common Council meeting last Wednesday, we said
goodbye our colleagues who will not be back on the Council for the next term.
Corey Otis and Patti Coenen chose not to run for re-election this spring, and,
barring any changes in the Municipal Board of Canvassers meeting on Monday
morning, Council President Kyle Lobner was defeated in his bid for his fifth term
on the council by two votes. The election was initially called for Alderperson
Lobner by eight votes, but ten additional votes for challenger Sheri Hartzheim
were found after the initial report, changing the outcome of the election. Any
politics aside, Kyle will be missed greatly. His ability to understand the
issues before the Common Council and ask the right questions of city staff helped
us all and his communication with his constituents has been a model for myself
and other colleagues on the Council. These elections really illustrate the
importance of voting – this was a very low turnout election and a few votes
either way could have changed the results in several races.
The referendum in support of nonpartisan determination of
district maps passed with a little over 75% of the total vote.
The mayor issued several proclamations, including for Autism
Acceptance Month, Public Health Week, and Library Week. While observing Library
Week and thinking about plans for the new library, you can view the Appleton
Public Library’s Annual Report here:
https://apl.org/system/files/AnnualReport_FinalPrint.pdf
During the COVID-19 update from Health Officer Eggebrecht,
we heard that Appleton is still in the High category based on burden and trajectory,
but that we have been very successful in getting people vaccinated. The Fox Cities
COVID-19 Vaccine Clinic alone has administered 20,867 doses to date. 37.3% of eligible
people in Wisconsin have received at least one dose and over 24.3% are fully
vaccinated. We have started vaccinating young people ages 16-18 now, which is
good in that a large portion of the rising case count is in people under 18.
The most highly publicized agenda item in the last meeting
was the vote on the memorandum of understanding with Bird Rides to initiate a dockless,
stand-up electric scooter pilot program for 2021. This item was amended to
prevent scooters from being operated on the sidewalks on College Avenue between
Drew and Badger. I voted for this amendment since we already prohibit bicycles
and skateboards on the sidewalks there and we have been trying to encourage
more outdoor dining and other activities that might be adversely affected by
the presence of scooters on the sidewalks. The key to this item is that it is a
pilot program – if we find that it is not working for us, we can choose not to
enter into a permanent arrangement.
The resolution to outlaw sales of dogs and cats in pet
stores (the purpose of this is to prevent the sale of “puppy mill” raised
animals) was referred back to the Safety and Licensing Committee by Alderperson
Smith. I am not sure what the reason for this was – Safety and Licensing
already held it once in order to contact local pet stores, who were all in
favor of the prohibition, and the City Attorney’s office worked with the
authors to develop the language of the ordinance.
As always, you can read the full minutes or watch the meeting
video here:
In the upcoming week’s committee meetings, there are a
number of interesting items:
Municipal Services Committee (Monday, 4:30 p.m.) will
be considering requests for what look like some fun events by Creative
Downtown, Inc., including “Adopt-a-Planter to Create Garden Art”, “Artful Chairs”,
and "Art Out - Plein Air Art” to be held in May, June, and August. They
will also be voting on permits for downtown sidewalk sales on May 22, June 19,
July 17, and August 21, 2021.
Finance Committee (Monday, 5:30 p.m.) will be considering
a resolution to prevent posting of any political signs on city property, including
property leased from the city. In this past spring election, there were some
candidates who posted their campaign signs in the terrace, especially around
some of the city parks. This is already illegal, but this resolution seeks to
clarify that signs may not be posted on property that is leased from the city
by a private concern.
Utilities Committee (Tuesday, 5:00 p.m.) will be considering
the request to sole source contract to Patrick Engineering for professional
services needed to complete the Wastewater Electrical Distribution Upgrades
Phase 5 (Final Phase), for a contract fee of $259,600 and a contingency of 5%
not to exceed a total contract of $272,580. This is the final phase of the multi-year
project, all of which has been completed by this firm with each year’s work being
done under a new yearly contract.
Human Resources and Information Technology Committee
(Wednesday, 6:30 p.m.) will once again be discussing alderperson salaries
after the last resolution was referred back by the Common Council.
Public meeting on the Downtown Streetscape Design Guide:
Thursday evening, April 15, the City of Appleton will
host a virtual meeting on the proposed Downtown Streetscape Design Guide
developed by the City in conjunction with Alta Planning + Design, Inc.
Project
consultants from Alta will present a final draft document. Following the
presentation, participants will have the opportunity to ask questions and share
comments. Community members are invited to participate in the Zoom meeting
by registering online here:
https://zoom.us/webinar/register/WN_BRGGYPq4R8mXtUzJVkg32w
The
Downtown Streetscape Design Guide builds upon recommendations found in the
City’s Comprehensive Plan. The guide offers further details for varying street
types throughout downtown. Streetscape elements, such as decorative lighting,
benches, and special paving, can help to create an inviting atmosphere and
improve walkability. The guide is intended to inform decisions as future street
reconstruction projects occur, with the final design of each project being
reviewed on a case-by-case basis.
Spring yard waste pickup is going on through the end of the
month – please follow the guidelines below:
Spring yard waste must
be in containers, lawn and leaf paper bags or tied in bundles.
- This would include leaves on
the terrace from last fall.
- Containers should have handles,
be 33 gallons or less and weigh less than 45 pounds when full.
- Paper lawn and leaf bags can be
purchased at most hardware stores and home improvement centers.
- Branches and brush must be cut
to 4-foot lengths and bundled with twine. Bundles must be less than
2 feet around and weigh less than 45
pounds. Max branch width is three-inch diameter.
- In spring, branches, brush, and
lawn bags must be placed on your terrace, between the sidewalk and the
curb, the night before the collection. Do not rake into the
street.
- No plastic bags, boxes, tarps
or 55-gallon fiber barrels or their liners.
Schedule:
If you took your Christmas tree to the yard waste site and got a coupon
for a white spruce seedling, you can pick those up through the 19th at the Glendale
Ave. Yard Waste Site at 2625 East Glendale Ave.
Beginning Friday,
April 16, 2021 you may bring up to 4 tires free of charge to either the
Glendale Ave. yard site located at 2625 E. Glendale Ave. or the Whitman yard
site located at 701 S. Whitman Ave. until Monday, April 19, 2021 during their open
hours of 9:00 a.m. to 6:45 p.m. Tires need to be 18" in diameter or less
with or without rims.
Finally, since the Wisconsin Supreme Court struck down the
statewide mask mandate enacted under the Governor’s emergency orders, I have received
a number of emails about the city’s plans for enacting a city ordinance, most
of them much kinder than what has been appearing on social media. As you know
from reading these updates over the last year of the pandemic, I am extremely COVID
cautious personally. I basically stopped shopping in person, put a hold on my gym
membership, opting instead for Parks and Recreation’s fitness classes where
everyone is masked and socially distant and we are outdoors whenever possible.
I have only attended Common Council and committee meetings in person when it is
really necessary. I wear a mask whenever I am inside a building, and I got my
first vaccine shot as soon as I was eligible. However, there are many factors
to consider and several of my colleagues and I have discussed them once it became
clear that the mayor or the health department were not going to enact a mandate.
I have attached some notes that I hope outline my reasoning. As always, please
feel free to email or call me if you want to discuss.
Thinking about a Mask Mandate in
Appleton
Since the
statewide mask mandate was overturned by the Wisconsin Supreme Court, a number
of people have asked why we don’t enact a mask mandate for the city of Appleton
when Outagamie County and several other cities and counties in the state have
done so.
A number of
us on the Common Council have been discussing the idea, and we have consulted
with the Health Officer and the Police Chief to get their advice on how to
proceed.
If we
enacted a mask mandate, the key issue would be enforcement. Since a mask
ordinance would only be in effect indoors, the police would not be able to just
observe violations and issue a citation as in a traffic stop. It would have to
be akin to the smoking ordinance, where the burden is on businesses to enforce
the ban and complaints are referred to the health department or the police
department. With a law where enforcement requires someone reporting the
violation, there is the concern that enforcement can be unequal due to people’s
biases and perceptions. There is also concern that some people will want to
flagrantly violate the ordinance, or even organize group efforts to provoke
citations in the hopes of obtaining grounds for a lawsuit against the city, or,
in some communities where businesses who do not enforce the ordinance are
subject to fines or forfeiture of their business licenses, try to inflict harm
on the business.
Businesses
already have the right to maintain requirements for their customers – “no
shoes, no shirts, no service,” where someone who does not comply is asked to
leave and if they don’t, they are subject to trespassing or disorderly conduct
charges. The City of Oshkosh uses this language in their ordinance. A number of other cities that have enacted
mask mandates treat violations in this manner, making the ordinance no different
than the existing laws.
Those of us who have been discussing it are personally in favor of wearing face coverings as long as there is risk of the spread of COVID-19 in our community and we choose the businesses to patronize based on how the staff and customers follow health recommendations. If those of us who support wearing face coverings introduce a resolution to create an ordinance and the resolution does not pass, we also risk sending the message that the Common Council is against wearing masks. I honestly do not believe we have the votes, particularly since the election, to pass this resolution. Based on the advice of staff and the other concerns listed, we have chosen not to pursue an ordinance, but to keep trying to educate the community and reinforce the good habits of the majority who choose to follow the guidelines.
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