Common Council Meeting Minutes – July 16, 2019

COUNCIL PROCEEDINGS Council Chambers Kaukauna, Wisconsin – July 16, 2019.

Pursuant to adjournment on June 18, 2019 meeting of the Common Council of the City of Kaukauna called to order by Mayor Penterman at 7:00 P.M. on Tuesday, July 16, 2019.

Roll call present: Coenen, Driessen, DeCoster, Duda, Kohne, Roehrig, Schell and Thiele.

Also present: DPW Sundelius, Planner Jakel, Fire Chief Carrel, Asst. Police Chief Sanderfoot, Fin. Director Van Rossum, HR Dir. Vanderloop, Principal Planner Watson Brunette, KU Fin. Dir. Pickett, Library Director Theim-Menning, and interested citizens.

One minute of silent prayer and the Pledge of Allegiance to the American Flag observed by the assembly present.

Motion by Coenen, seconded by Kohne to suspend the rules and waive the reading of the minutes of the previous meeting of June 18, 2019.
All Ald. voted aye.
Motion carried.

Motion by Coenen, seconded by Roehrig to adopt the minutes of the meeting of June 18, 2019 as presented. Motion by DeCoster to amend the minutes to require a super majority vote on the item for the special referendum election. Attorney Davidson explained that a super majority it not needed for this matter. DeCoster withdrew the motion.
All Ald. voted aye.
Motion carried.

Presentation of letters, petitions, remonstrances, memorials, and accounts.

Bills Payable – Coenen made a motion, seconded by Kohne to pay bills out of the proper accounts.
All Ald. voted aye.
Motion carried.

Fox Cities VCR letter.

Mayor Penterman read the letter from Fox Cities Crisis Response thanking the City of Kaukauna and the Kaukauna Police Department for the donation of vehicle.

Motion by Kohne, seconded by DeCoster to receive and place on file the letter from Fox Cities Crisis Response.
All Ald. voted aye.
Motion carried.

Public Appearances.

Jim Danialson, Accurate Appraisal LLC. spoke to the Council in regards to the quote Accurate Appraisal LLC. provided the City of Kaukauna for the municipal revaluation and assessing services. Mr. Danialson asked Council members to contact him with questions.

Business Presented by the Mayor

Mayor Penterman informed the Council of the press release regarding the Veterans Memorial Bridge to be announced the next day.
Public Haring regarding the Proposed Vacation of a Potion of 15th Street West of Kenneth Avenue.

Mayor Penterman declared the public hearing open and asked if anyone in the Council Chambers wished to address the Council regarding the proposed vacation of a portion of 15th Street West of Kenneth Avenue.

After asking two more times if anyone else wished to address the council, Mayor Penterman declared the public hearing closed.

Holiday decorations update.

Principal Planner Watson Brunette gave an update on holiday decorations that are now on display. Residents are asked to vote for their favorite decorations. Voting can be done on the City’s web-site or in person at the Municipal Services Building.
Appointment of Deb Jakel to the 1000 Islands Environmental Center Committee to fill the remaining term of Randy McSorley.

Motion by Coenen, seconded by Kohne to appoint Deb Jakel to the 1000 Islands Environmental Center Committee to fill the remaining term of Randy McSorley.
All Ald. voted aye.
Motion carried.
Appointment of John Manion to the 1000 Islands Environmental Center Committee.

Motion by Driessen, seconded by Roehrig to appoint John Manion to the 1000 Islands Environmental Center Committee.
All Ald. voted aye.
Motion carried.
Appointment of Kay Abel to the Board of Appeals.

No action taken.

Reappointment of Randy Vercauteren to the Building Construction Board of Review.
Motion by Roehrig, seconded by Kohne to reappoint Randy Vercauteren to the Building Construction Board of Review.
All Ald. voted aye.
Motion carried.
Recognition of residents for response to garage fires on Sullivan Avenue.
Mayor Penterman awarded Tyler and Megan Arnoldussen, Adam MacDonald, Karen Laabs, Karen and Tim Helms for their heroic actions in responding to garage fires on Sullivan Avenue.
Retirement award to Sergeant Don Krueger for 29 years of services.
Mayor Penterman presented Sergeant Don Krueger an award and thanked him for his 29 years of service to the City of Kaukauna.

Reports of Standing and Special Committees:
Board of Public Works Meeting Minutes of July 15, 2019.

BOARD OF PUBLIC WORKS

Meeting of the Board of Public Works called to order by Chairman Thiele at 6:00 P.M. on Monday,
July 15, 2019.

Members present: Coenen, Driessen, Duda, Kohne, Roehrig, Schell, and Thiele.

Absent and Excused: DeCoster

Also present: Mayor Penterman, Attorney Davidson, DPW/Eng. Sundelius, Eng./GIS Spec. Neumeier, Planner Jakel, Fin. Director Van Rossum, Project Eng. Cesafsky, Rec. Dir. Malloy, Asst. Police Chief Sanderfoot, Fire Chief Carrel, HR Dir. Vanderloop and interested citizens.

Motion by Coenen, seconded by Kohne to excuse the absent member.
All Ald. voted aye.
Motion carried.

1. Correspondence –None.

2. Public Hearing for the levying of special assessments for Project #1-19, Concrete Street Paving.

DPW/Eng. Sundelius informed the committee that the property owners did receive notice of the public hearing of special assessments as required by state statue and also a publication was placed in the Times-Villager. The project areas are the reconstruction of Wisconsin Avenue, Kaukauna Street and Desnoyer Street. New construction streets are Andrea Michelle Court, Antelope Trail, Gray Squirrel Lane, Bear Paw Trial and extension of White Birch Street. The last project area is Moonridge Court and Ridge Court. This project does include sidewalks as required by Ordinance 8.03(1)(d) that says when we pave the streets, sidewalks will be installed. A special exemption was made for Ridge Court to delay sidewalk in this area until Hillcrest Drive sidewalks are put in. Assessments rates were presented. The assessments that are going to be levied are per ordinance and based on the current bid prices and reasonable engineering fees. Information on the vehicle registration fees were given. All the street paving projects will be concrete. The Municipal Code states that the City cannot special assess on those streets for thirty years. The final resolution for the levying is on the agenda for the July 16, 2019 Common Council meeting.
Chairman Thiele declared the public hearing open and asked three times if anyone in the council chambers wished to address the Board on the levying of special assessments for Project #1-19, Concrete Street Paving. No one appeared.

No other comments were made. The public hearing was closed.

3. Revised State/Municipal Agreement (SMA) for a State – Let Highway Project – S.T.H. 96
(Lawe Street – Claribel Street).

DPW/Eng. Sundelius stated a revised SMA is necessary to reflect the changes and updated anticipated costs since the original SMA in 2011 and also for the bike lanes. The total estimated cost for this project is 3.4 million with state and federal funds covering just over 3 million dollars and the total for local funds is $358,485 with the City recovering some of the costs with special assessments on parking lanes.

Motion by Roehrig, seconded by Driessen to authorize the Director of Public Works to enter into the revised State/Municipal Agreement for the STH 96 (Lawe Street – Claribel Street) reconstruction project.
All Ald. voted aye.
Motion carried.

Alderman DeCoster arrived at 7:06 pm.

4. Veterans Memorial Bridge Update.

DPW/Eng. Sundelius informed the Board that the Governor and Transportation Secretary are working on another source of funding for this project and other transportation projects around the state. Details on the undisclosed program, application process, funding levels, etc. were very limited. More details are expected in the coming weeks. The City of Kaukauna has orders from the US Coast Guard to make this bridge functional. Discussion was held on alternatives to this project.

Motion by Kohne to have the engineering department seek out information and pursue a feasibility study on alternatives for this project, possibly a fixed span bridge. No second made. Motion failed.
5. Update on Farmview Village Area (K4 Basin) storm water management.
Eng./GIS Spec. Neumeier gave an overview of the proposed improvements on Farmview Village Area (K4 Basin) storm water management. Project phasing and estimated costs were discussed. Considerations on acceptable storm water management improvements were made. The Engineering department will continue to work on plans and get information out to affected residents. This item will be placed on a future Board of Public Works agenda.
6. Update on Developers Agreement for the Donory, LLC with the potential to amend.

Planner Jakel presented the updated Developers Agreement with an overview of the project. This project is approximately seven acres of the former St. Al’s site. It consists of seventeen single family lots and seventeen duplex lots in the Center. The demolition cost, environmental remediation acquisition all went according to plan. The project is proceeding and updates will be given as the project proceeds.

7. General Matters – none.

Motion by Coenen, seconded by DeCoster to adjourn.
All voted aye.
Motion carried.

Meeting adjourned at 7:21 P.M.

Sally Kenney
Clerk/Treasurer

Motion by Thiele, seconded by Kohne to adopt the Board of Public Works meeting minutes of July 15, 2019.
All Ald. voted aye.
Motion carried.

Health & Recreation Meeting Minutes of July 15, 2019.

HEALTH AND RECREATION COMMITTEE

A meeting of the Health and Recreation Committee was called to order by Chairman Duda on Monday, July 15, 2019 at 7:23 p.m.

Members present: Duda, Kohne, Roehrig, and Thiele.

Also present: Mayor Penterman, Ald. Coenen, DeCoster, Driessen, Schell, Attorney Davidson, DPW/Eng. Sundelius, Eng./GIS Spec. Neumeier, Planner Jakel, Fin. Director Van Rossum, Street Project Eng. Cesafsky, Rec. Dir. Malloy, Asst. Police Chief Sanderfoot, Fire Chief Carrel, HR Dir. Vanderloop and interested citizens.

1. Correspondence – None.

2. Request for live animals on park property, submitted by Patricia DeGoey, Friends of the Grignon Mansion for 8/17-8/18 at Grignon Mansion grounds.

Ald. Driessen gave some background on this request.

Motion by Roehrig, seconded by Kohne, to approve the request for live animals on park property, submitted by Patricia DeGoey, Friends of the Grignon Mansion for 8/17-8/18, 2019 at Grignon Mansion grounds.
All members voted aye.
Motion carried.

3. Request for the allowance of amplified music from Felicia Torres for Saturday,
December 28, 2019 in the Kaukauna Community Room.

Motion by Roehrig, seconded by Thiele, to allow of amplified music from Felicia Torres for
Saturday, December 28, 2019 in the Kaukauna Community Room.
All members voted aye.
Motion carried.

4. Request for allowance of amplified music submitted by Nicholas Gerger, Wisconsin Pro
Wrestling for Saturday, August 24, 2019 from 6:00 to 8:00 pm at Lafollette Park.

Motion by Roehrig, seconded by Kohne to allow amplified music submitted by Nicholas
Gerger, Wisconsin Pro Wrestling for Saturday, August 24, 2019 from 6:00 to 8:00 pm at
Lafollette Park, Kaukauna.
All members voted aye.
Motion carried.

5. Combination Class B Beer and Liquor License to Club Ritz, Abbie Quella, Agent, Club
Ritz, LLC, 301 W. 7th Street, Kaukauna.

Motion by Roehrig, seconded by Kohne to grant the Combination Class B Beer and Liquor License
to Club Ritz, Abbie Quella, Agent, Club Ritz, LLC. 301 W. 7th Street, Kaukauna.
All members voted aye.
Motion carried.
6. Temporary Class B License to Kaukauna Athletic Club, on Saturday, September 22,
2019, at Wisconsin Avenue between Lawe Street and Desnoyer Street for the Wisconsin
Avenue Block Party.

Motion by Roehrig, seconded by Kohne to grant a Temporary Class B License to Kaukauna Athletic Club, on Saturday, September 22, 2019, at Wisconsin Avenue between Lawe Street and Desnoyer Street for the Wisconsin Avenue Block Party.
All members voted aye.
Motion carried.

7. General matters – none.

Motion made by Roehrig, seconded by Kohne to adjourn.
All members voted aye.
Motion carried.

Meeting adjourned at 7:32 P.M.

Sally Kenney
Clerk/Treasurer

Motion by Duda, seconded by Kohne to adopt the Health & Recreation meeting minutes of July 15, 2019.
All Ald. voted aye.
Motion carried.
Heart of the Valley Metropolitan Sewerage District regular Meeting Minutes of June 11, 2019.
Motion by Coenen, seconded by DeCoster to receive and place on file the meeting minutes from the Heart of the Valley Metropolitan Sewerage District regular Meeting Minutes of June 11, 2019.
All Ald. voted aye.
Motion carried.
Kaukauna Public Library Board Meeting Minutes of May 28, 2019.
Motion by Driessen, seconded by Schell to receive and place on file the Kaukauna Public Library Board Meeting Minutes of May 28, 2019.
All Ald. voted aye.
Motion carried.

Operators/Bar Tenders License – The following operators have applied for an operator’s license for 2018-2020 and has been recommended for approval based upon the records check done by the Kaukauna Police Department.

Thomas J. Brimm – 307 ½ W. 7th St., Kaukauna
Kari J. Coenen – 644 Sunset Ave., Kaukauna
Ana Garcia Martinez – 108 S. Midpark Dr., Appleton
Shelby M. Hietpas – 1469 Orchard Dr., Kaukauna
Kortney M. Nelson – 107 Filmore St., Kaukauna
Sheena Salfai – 390 Bicentennial Ct. #8, Kaukauna
Mandy J. Waite – 106 W. 7th St., Kaukauna
Arian N. Watson – 933 W. Lawrence St., Appleton

Motion made by Duda, seconded by Kohne to approve the Operators/Bartenders license.
All Ald. voted aye.
Motion carried.

Reports of City Officers.

Municipal Revaluation and Assessing Service RFPs.

Finance Director Van Rossum provided background information and bid tabulations for the municipal revaluation.

Motion by Kohne, seconded by Duda to have Finance Director schedule interviews with the top two appraisal companies regarding the revaluation.
All Ald. voted aye.
Motion carried.

Election date for Referendum for Clerk/Treasurer.

Finance Director Van Rossum, after having been given direction to come up with a date, is recommending October 29, 2019 for the election date for the referendum for Clerk/Treasurer. Mayor Penterman stated that three informational session on August 21, September 18 and October 16 to allow residents to come in to ask questions regarding this matter.

Motion by Coenen, seconded by Roehrig to proceed with the election date of October 29, 2019 for the referendum on appointing the Clerk/Treasurer.
Motion passes 6 – 2; Duda – nay, DeCoster – nay.
Update on hotel project for former Gustman lot extending closing date to July 3, 2019.

Planner Jakel updated the Council on the hotel project. The hotel is progressing and construction is tentatively scheduled to start in August.

Fire Report

Motion by Coenen, seconded by Kohne to receive and place on file the June 2019 Fire Report.
All Ald. present voted aye.
Motion carried.

Ambulance Report

Motion made by Coenen, seconded by Roehrig to receive and place on file the June 2019 Ambulance Report.
All Ald. present voted aye.
Motion carried.

Police Report

Motion made by Coenen, seconded by Schell to receive and place on file the June 2019 Police Report.
All Ald. present voted aye.
Motion carried.

Municipal Court Report

Motion made by Coenen, seconded by Thiele to receive and place on file the June 2019 Municipal Court Report.
All Ald. present voted aye.
Motion carried.

Treasurer’s Deposit Report

Motion made by Coenen, seconded by Thiele to receive and place on file the June 2019 Treasurer’s Deposit Report.
All Ald. present voted aye.
Motion carried.

Building Inspection Report

Motion made by Coenen, seconded by Duda to receive and place on file the June 2019 Building Inspection Report.
All Ald. present voted aye.
Motion carried.

Presentation of Ordinances and Resolutions.

Motion by Coenen, seconded by Kohne to suspend the rules and wave the reading of Final Resolution 2019-5186 Declaring intent to exercise special assessment police powers for public improvements on West Wisconsin Avenue, Desnoyer Street, Kaukauna Street, Ridge Court, Moon Ridge Court, Andrea Michelle Court, White Birch Street, Bear Paw Trail, Antelope Trail, and Gray Squirrel Lane.
All Ald. voted aye.
Motion carried.
Motion by Coenen, seconded by Kohne to approve Final Resolution 2019-5186 Declaring intent to exercise special assessment police powers for public improvements on West Wisconsin Avenue, Desnoyer Street, Kaukauna Street, Ridge Court, Moon Ridge Court, Andrea Michelle Court, White Birch Street, Bear Paw Trail, Antelope Trail, and Gray Squirrel Lane.
All Ald. voted aye.
Motion carried.
Motion by Coenen, seconded by Kohne to suspend to rules and wave the reading of Resolution 2019-5187 Adopting a revised drainage plan for a portion of the fourth addition to Winchester Park, City of Kaukauna, Outagamie County.
All Ald. voted aye.
Motion carried.
Motion by Coenen, seconded by Thiele to approve the Resolution 2019-5187 Adopting a revised drainage plan for a portion of the fourth addition to Winchester Park, City of Kaukauna, Outagamie County.
All Ald. voted aye.
Motion carried.
Motion made by Coenen, seconded by Kohne to suspend the rules and wave the reading of Resolution 2019-5188 Vacating a portion of 15th Street West of Kenneth Avenue and Disposition of Vacated Property to Adjoining Owners.
All Ald. voted aye.
Motion carried.
Motion by Coenen seconded by Thiele to adopt Resolution 2019-5188 Vacating a portion of 15th Street West of Kenneth Avenue and Disposition of Vacated Property to Adjoining Owners.
All Ald. voted aye.
Motion carried.
Motion by Coenen, seconded by Kohne to suspend the rules and wave the reading of Resolution 2019-5189 Adopting a two lot Certified Survey Map for property adjoining Hennes Court, submitted by Ryan and Megan Kilsdonk and Linda Reyes.
All Ald. voted aye.
Motion carried.
Motion by Coenen, seconded by Kohne to approve Resolution 2019-5189 Adopting a two lot Certified Survey Map for property adjoining Hennes Court, submitted by Ryan and Megan Kilsdonk and Linda Reyes.
All Ald. voted aye.
Motion carried.
Motion by Coenen, seconded by Kohne to suspend the rules and wave the reading of Resolution 2019-5190 Adopting a four lot Certified Survey Map adjoining Haas Road which also dedicates White Wolf Lane in conjunction with the Blue Stem Meadows plat.
All Ald. voted aye.
Motion carried.
Motion by Coenen, seconded by Kohne to approve Resolution 2019-5190 Adopting a four lot Certified Survey Map adjoining Haas Road which also dedicates White Wolf Lane in conjunction with the Blue Stem Meadows plat.
All Ald. voted aye.
Motion carried.
Motion by Coenen, seconded by Kohne to suspend the rules and wave the reading of Resolution 2019-5191 Adopting the final plat for The Donory, submitted by Donory Properties, LLC.
All Ald. voted aye.
Motion carried.
Motion by Coenen, seconded by Thiele to approve the amended Resolution 2019-5191 Adopting the final plat for The Donory, submitted by Donory Properties, LLC. contingent on increasing the utility easement from 10 feet to 20 feet on Hendricks Avenue and St. Mary’s Place.
All Ald. voted aye.
Motion carried.
Motion by Coenen, seconded by Kohne to suspend the rules and wave the reading of Resolution 2019-5192 Authorizing the Mayor to Sign the Deed Notice from the Wisconsin Department of Natural Resources Regarding Parcel Number 323040400, Former VanHoof Oil & Services.
All Ald. voted aye.
Motion carried.
Motion by Coenen, seconded by DeCoster to approve Resolution 2019-5192 Authorizing the Mayor to Sign the Deed Notice from the Wisconsin Department of Natural Resources Regarding Parcel Number 323040400, Former VanHoof Oil & Services.
All Ald. voted aye.
Motion carried.

Motion by Coenen, seconded by Schell to suspend the rules and wave the reading of Ordinance 2019-1788 Repealing and Recreating section 13.03 of the City of Kaukauna Municipal Code.
All Ald. voted aye.
Motion carried.

Motion by Coenen, seconded by Kohne to approve Ordinance 2019-1788 Repealing and Recreating section 13.03 of the City of Kaukauna Municipal Code.
Motion passes 6 – 2; Duda – nay, Driessen – nay.

Motion by Coenen, seconded by Kohne to suspend the rules and wave the reading of Ordinance 2019-1789 Annexing 78.5 Acres from the Town of Buchanan to the City of Kaukauna.
All Ald. voted aye.
Motion carried.

Motion by Coenen, seconded by Kohne to approve Ordinance 2019-1789 Annexing 78.5 Acres from the Town of Buchanan to the City of Kaukauna.
All Ald. voted aye.
Motion carried.

Consideration of Miscellaneous Business

Mayor Penterman informed the committee that finding a version of Roberts Rules of Order for the Council to adopt is being looked into.

DPW/Eng. Sundelius updated the committee of the speed limit change on Highway CE.

Ald. Roerhig stated that work will begin soon on the Fassbender Park renovations.

Adjourn to Closed Session pursuant to Wisconsin State Statute 19.85(1)(e) for the purpose of negotiating the terms of sale of public properties located at 624 and 632 E. Hyland Avenue.

Motion by Coenen, seconded by DeCoster to adjourn to closed session pursuant to Wisconsin State Statute 19.85(1)(e) for the purpose of negotiating the terms of sale of public properties located at 624 and 632 E. Hyland Avenue.
All Ald. voted aye.

Adjourned to closed session at 8:05 pm.

Return to Open Session for possible action.

Motion by DeCoster, seconded by Kohne to return to open session for possible action.
All Ald. voted aye.
Motion carried.

Moved to open session at 8:10 pm.

Motion by Coenen seconded by Kohne to authorize the Mayor to execute a limited agency contract with Mau Reality and for Allyson Watson Brunette to execute a contract with Design Reality for the properties at 624 and 632 E. Hyland Avenue.
All Ald. voted aye.
Motion carried.

Adjourn to Closed Session pursuant to Wisconsin State Statute 19.85(1)(e) to discuss the disposition of municipal funds.

No action taken.

Adjourn to Closed Session pursuant to Wisconsin State Statute 19.85(1)(e) for the purpose of acquiring property from Canadian National Railroad to extend the Fox River Heritage Trail.
Return to Open Session for possible action.

Motion by Coenen, seconded by DeCoster to adjourn to Closed Session pursuant to Wisconsin State Statute 19.85(1)(e) for the purpose of acquiring property from Canadian National Railroad to extend the Fox River Heritage Trail.
All Ald. voted aye.
Motion carried.

Moved to closed session at 8:13 p.m.

Return to Open Session for possible action.

Motion by DeCoster, seconded by Driessen to return to open session for possible action.

Returned to open session at 8:20 p.m.

Adjourn

Motion by Coenen, seconded by Kohne to adjourn.
All Ald. voted aye.
Motion carried.

Meeting adjourned at 8:21 pm.

Sally A. Kenney
Clerk/Treasurer