COUNCIL PROCEEDINGS ‑ Council Chambers ‑ Kaukauna, Wisconsin – October 6, 2020.

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Pursuant to adjournment on September 15, 2020 meeting of the Common Council of the City of Kaukauna was called to order by Mayor Penterman at 7:00 P.M. on Tuesday, October 6, 2020 with remote teleconference via ZOOM.

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

Absent:  Roehrig

Also present: DPW/Eng. Sundelius, Attorney Davidson, Planner Jakel, Principal Planner Watson Brunette, Fire Chief Carrel, Library Dir. Theim-Menning, Finance Dir. Van Rossum, HR Dir. Vanderloop, KU Gen. Mgr. Feldt, IT Dir. Krause, and interested citizens.

Motion by Coenen, seconded by Moore to excuse the absent member.

All Ald. present voted aye.

Motion carried.

One minute of silent prayer and the Pledge of Allegiance to the American Flag observed by the assembly with remote

teleconference via ZOOM.

Motion by Coenen, seconded by Thiele to suspend the rules and waive the reading of the minutes of the previous meeting of September 15, 2020.

All Ald. present voted aye.

Motion carried.

Motion by Coenen, seconded by Moore to adopt the minutes of the meeting of September 15, 2020 as presented.

All Ald. present voted aye

Motion carried.

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

Bills Payable

Motion by Coenen, seconded by Schell to pay bills out of the proper accounts.

Roll call vote:  Coenen-aye, DeCoster-aye, Driessen-aye, Duda-aye, Moore-aye, Schell-aye, Thiele-aye.

Motion carried.

Public Appearances

Phil Kohne, 2106 Olde Country Circle, Kaukauna asked the Council to consider having a current employee at the Library take on the role of Public Service Coordinator instead of hiring a new person.  Mr. Kohne asked the Council to review the policy on residency pay to City employees who live in the City.  He does not feel this policy is fair for those who live outside of the City.  He feels the policy should be changed to include all employees or should be eliminated.  The City could save money and could be used elsewhere.

Deneen Shiffert, 1906 Green Bay Road, Kaukauna asked the Council to revisit the insurance claim for the sewer backup on Green Bay Road.  She feels the situation is unfair and the City is at fault for the damage to her property.

Ryan Steffel, 925 State Street, Kaukauna spoke as a representative of the Firefighters Local 155.  He requested the Council consider Families First Coronavirus Response Act sick pay for firefighters who contract COVID-19 or have to be quarantined due to exposure to COVID-19.  Currently, Kaukauna Firefighters need to use their personal sick time for this purpose.

Business Presented by the Mayor

Reappoint Eric Hietpas to the 1000 Islands Environmental Center Committee.

Motion by Moore, seconded by Driessen to reappoint Eric Hietpas to the 1000 Islands Environmental Center Committee.

All Ald. present voted aye.

Motion carried.

Reappoint Sue Gertz to the 1000 Islands Environmental Center Committee.

Motion by Coenen, seconded by Schell to reappoint Sue Gertz to the 1000 Islands Environmental Center Committee.

All Ald. present voted aye.

Motion carried.

Reappoint Tom McGinnis to the 1000 Islands Environmental Center Committee.

Motion by Schell, seconded by Driessen to reappoint Tom McGinnis to the 1000 Islands Environmental Center Committee.

All Ald. present voted aye.

Motion carried.

Proclamation Recognizing Public Power Week October 4-10.

Mayor Penterman read the proclamation recognizing Public Power Week October 4-10 in the City of Kaukauna.

Motion by Coenen, seconded by Moore, to receive and place on file the Proclamation recognizing Public Power Week October 4-10 in the City of Kaukauna.

All Ald. present voted aye.

Motion carried.

Proclamation Recognizing October 15 White Cane Safety Day in the City of Kaukauna.

Mayor Penterman read the proclamation recognizing October 15 White Cane Safety Day in the City of Kaukauna.

Motion by Coenen, seconded by Moore to receive and place on file the Proclamation Recognizing October 15 White Cane Safety Day in the City of Kaukauna.

All Ald. present voted aye.

Motion carried.

Revitalization of Fassbender Park Ribbon Cutting Thursday, October 15, 2020 at 2:15 PM.

Mayor Penterman reminded the Council and the residents of the ribbon cutting for the Revitalization of Fassbender Park on Thursday, October 15, 2020 at 2:15 p.m.

Reports of Standing and Special Committees:

Board of Public Works Meeting Minutes of October 5, 2020.

BOARD OF PUBLIC WORKS

A meeting of the Board of Public Works was called to order by Chairman Thiele on Monday, October 5, 2020 at 6:00 P.M. remote teleconference via ZOOM.

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

Also present: Mayor Penterman, Attny. Davidson, DPW/Eng. Sundelius, Planner Jakel, Fin. Dir. Van Rossum, Police Chief Graff, Fire Chief Carrel, Rec. Dir. Malloy, HR Dir. Vanderloop, Lib. Dir. Thiem-Menning, IT Dir. Krause, S.E.H. Architect Frank, and interested citizens.

1. Correspondence – None.
2. Open bids for replacement of garbage truck (Fleet #224).

Motion by Coenen, seconded by Moore to accept no more bids and to open the bids received.  All Ald. voted aye.

Motion carried.

Street Superintendent Vandenheuvel opened the bids.  Bidders may provide multiple bids based on the truck chassis and the equipment being bid.

Motion by Coenen, seconded by Roehrig to authorize the Street Department to tabulate the bids for the replacement of garbage truck (Fleet #224) and come back to the Board with recommendations.

All members voted aye.

Motion carried.

3. Railroad Quiet Zone Feasibility Study.

DPW/Eng. Sundelius provided background information on the study.  S.E.H. has completed the Railroad Quiet Zone Feasibility Study.  Bryan Cunningham, Engineer with S.E.H. presented the study with a slideshow of the different crossings present within the City and discussed what the different scenarios may be in creating a quiet zone.  A copy of the study can also be found on the City’s website.  Questions by the Board were answered.

Motion by Coenen, seconded by Driessen to direct Engineering Department to work with S.E.H. to bring a proposal back for the development of a detailed study on the establishment of a Quiet Zone for the railroad main lines and the costs associated with it.

Motion by Roehrig, seconded by Coenen to amended the motion to include the costs and information from Finance Director on the budget and how this Quiet Zone will be paid for.  Moore asked Finance Director Van Rossum if there is money in the City Budget to continue working with S.E.H. on this study.  Fin. Dir. Van Rossum will look into this and bring back information to the Council at the Oct. 6, 2020 meeting.

All members voted aye.

Motion carried.

4. Street Department Renovations Project Update.

Renovations to the Street Department are well underway.  Various photographs of the project were provided along with a verbal update from DPW/Eng. Sundelius.

S.E.H. Architect Trevor Frank gave some additional details on the completion of the renovations. Contractors are doing a good job at maintaining a safe construction site.

5. Authorization to fill Street Department vacancy due to resignation.

Street Foreman, Tim Clark, has resigned from the City of Kaukauna.  His last day of work being October 2.  The vacancy has been posted internally to allow current employees to apply for the position.  There will be a vacancy within the crew if an internal candidate is selected to fill the Street Foreman position.  If the position is not filled internally, the Street Foreman position will have to be filled by an external candidate.  The resignation creates a vacancy either way within the department which will need to be filled.

Motion by Coenen, seconded by Schell to authorize the Street Department to fill the vacancy created by the resignation of the Street Foreman.

All members voted aye.

Motion carried.

6. General Matters – none.

Motion made by Moore, seconded by Schell to adjourn.

All members voted aye.

Motion carried.

Meeting adjourned at 7:03 P.M.

Sally Kenney

Clerk

Motion by Thiele, seconded by Moore to approve the Board of Public Works Meeting Minutes of October 5, 2020 as presented.

All Ald. present voted aye.

Motion carried.

Finance and Personnel Committee Meeting Minutes of October 5, 2020.

FINANCE AND PERSONNEL COMMITTEE

A meeting of the Finance and Personnel Committee was called to order by Chairman Penterman on Monday, October 5, 2020 at 7:04 P.M. remote teleconference via ZOOM.

Members present:  Coenen, Duda, Moore, Roehrig, Schell, and Penterman.

Also present:  Ald. Driessen, DeCoster, Thiele, Attorney Davidson, DPW/Eng. Sundelius, Planner Jakel, Police Chief Graff, Street Superintendent Vandenheuvel, Fin. Dir. Van Rossum, Rec. Dir. Malloy, Fire Chief Carrel, HR Dir. Vanderloop, IT Dir. Krause, and interested citizens.

1. Correspondence – None.
2. 2021 Budget Preparations – present non-personnel items.

Finance Director Van Rossum provided background information, went through break-downs of various items and answered questions from the committee.  The next steps will be to review the personnel items, roll up all the expenses from personnel and non-personnel, get additional information from the Department of Revenue on the tax rate and seeing what that affect is on the expenditure restraint and levy limits and regroup the staff to align overall expenses.  These items will be done and presented at the next meeting on October 19.

Mayor Penterman asked Alderman to reach out to department heads with specific questions they may have.

3. General matters – none.

Motion made by Coenen, seconded by Moore to adjourn.

All members voted aye.

Motion carried.

Meeting adjourned at 7:22 P.M.

Sally Kenney

Clerk

Motion by Coenen, seconded by Driessen to approve the Finance and Personnel Committee Meeting Minutes of October 5, 2020 as presented.

All Ald. present voted aye.

Motion carried.

Health & Recreation Committee Meeting Minutes of June 1, 2020.

HEALTH AND RECREATION COMMITTEE

A meeting of the Health and Recreation Committee was called to order by Chairman Duda on Monday, October 5, 2020 at 7:22 P.M. remote teleconference via ZOOM.

Members present:  Driessen, Duda, Roehrig, and Schell.

Also present:   Mayor Penterman, Ald. Coenen, DeCoster, Moore, Thiele, Attorney Davidson, Planner Jakel, DPW/Eng. Sundelius, Street Superintendent VandenHeuvel, Fin. Director Van Rossum, Police Chief Graff, Fire Chief Carrel, HR Dir. Vanderloop, Rec. Dir. Malloy, Lib. Dir. Thiem-Menning, IT Dir. Krause, and interested citizens.

1. Correspondence – None.
2. Combination Class A Beer and Class A Liquor License to SG Petroleum LLC, Suyash Goel Agent, SG Petroleum LLC, 1350 Delanglade Street, Kaukauna.

Motion by Roehrig, seconded by Schell to grant the Combination Class A Beer and Class A Liquor License to SG Petroleum LLC, Suyash Goel Agent, SG Petroleum LLC, 1350 Delanglade Street, Kaukauna.

Roll call vote:  Driessen-aye, Duda-aye, Roehrig-aye, Schell-aye.

Motion carried.

3. Combination Class A Beer and Class A Liquor License to Light House Corner, Evelyn DeFatte-Singh Agent, Light House Corner LLC, 1005 Crooks Ave., Kaukauna.

Motion by Roehrig, seconded by Driessen to grant the Combination Class A Beer and Class A Liquor License to Light House Corner, Evelyn DeFatte-Singh Agent, Light House Corner LLC, 1005 Crooks Ave., Kaukauna.

Roll call vote:  Duda-aye, Roehrig-aye, Schell-aye, Driessen-aye.

Motion carried.

4. Sidewalk closure (Western side only) of Veteran’s Memorial Bridge on November 19, 2020 from 5-7 PM for Remembrance Gathering, submitted by Compass Hospice.

Motion by Schell, seconded by Roehrig to allow the sidewalk closure (Western side only) of Veteran’s Memorial Bridge on November 19, 2020 from 5-7 PM for Remembrance Gathering, submitted by Compass Hospice.

Roll call vote:  Roehrig-aye, Schell-aye, Driessen-aye, Duda-aye.

Motion carried.

5. General Matters – None.

Motion made by Driessen, seconded by Schell to adjourn.

All members voted aye.

Motion carried.

Meeting adjourned at 7:26 P.M.

Sally Kenney

Clerk

Motion by Duda, seconded by Schell to approve the Health and Recreation Meeting Minutes of October 5, 2020 as presented.

All Ald. present voted aye.

Motion carried.

Legislative Committee Meeting Minutes of June 1, 2020.

LEGISLATIVE COMMITTEE

A meeting of the Legislative Committee was called to order by Chairman Coenen on Monday, October 5, 2020 at 7:27 P.M. remote teleconference via ZOOM.

Members present: Coenen, DeCoster, Moore and Thiele.

Also present: Mayor Penterman, Ald. Driessen, Duda, Roehrig, Schell, Atty. Davidson, DPW/Eng. Sundelius, Police Chief Graff, Fire Chief Carrel, HR Dir. Vanderloop, Planner Jakel, Street Superintendent VandenHeuvel, Fin. Dir. Van Rossum, Rec. Director Malloy, Lib. Dir. Thiem-Menning, IT Dir. Krause and interested citizens.

1. Correspondence – None.
2. Proposed code change to Ch. 1(39), Grignon Home Board.

Planner Jakel provided background information on the previous foundation of the Grignon Board.  The Grignon Mansion Board reviewed sec. 1.39(1) of the City code and proposes changes to the board appointment structure to fit the addition of the Grignon Mansion Executive Director position.

Ald. Coenen expressed concern of allowing members who are not residents of the City of Kaukauna on the Board.  A discussion was held on the current make-up of the Board and the suggested changes.

Motion by Thiele, seconded by DeCoster to change Ch.1(39), Grignon Home Board as written.

All members voted aye.

Motion carried.

3. General Matters – None.

Motion by Thiele, seconded by Coenen to adjourn.

All members voted aye.

Motion carried.

Meeting adjourned at 7:38 PM.

Motion by Coenen, seconded by Moore to approve the Legislative Committee Meeting Minutes of October 5, 2020.

All Ald. present voted aye.

Motion carried.

Plan Commission Meeting Minutes of August 27, 2020.

Motion by Thiele, seconded by Coenen to receive and place on file the Plan Commission Meeting Minutes of August 27, 2020.

Roll call vote:  DeCoster-aye, Driessen-aye, Duda-aye, Moore-aye, Schell-aye, Thiele-aye, Coenen-aye.

Motion carried.

Grignon Mansion Board Meeting Minutes of August 24, 2020.

Motion by Thiele, seconded by Coenen to receive and place on file the Grignon Mansion Board Meeting Minutes of August 24, 2020.

All Ald. present voted aye.

Motion carried.

Kaukauna Public Library Meeting Minutes of August 25, 2020.

Motion by Driessen, seconded by Schell to receive and place on file the Kaukauna Public Library Board Meeting Minutes of August 25, 2020.

All Ald. present voted aye.

Motion carried.

Operators/Bartenders License.

The following applicants have applied for an operator’s license for the license year 2020‑2022 and have been recommended for approval based on their record check by the police department:

Motion by Duda, seconded by Coenen to grant the operator/bar tender licenses.

All Ald. present voted aye.

Motion carried.

The following applicant has applied for an operator’s license and has been recommended for denial based on their record check by the police department:

Motion by Duda, seconded by Thiele to deny the operator/bar tender license based on their record check.

All Ald. present voted aye.

Motion carried.

Reports of City Officers.

Public Health Emergency COVID-19 Alert.

Mayor Penterman read the Public Health Emergency COVID-19 Alert issued by the City of Appleton, City of Menasha, Calumet County, Outagamie County, and Winnebago County.

City Closing and Cancellations in response to COVID-19 Alert.

A discussion was held on what actions the City of Kaukauna should be taking in regards to this alert.

Motion by Coenen, seconded by Thiele to adhere by the guidelines set forth in the Public Health Emergency COVID-19 Alert, released by City of Appleton, City of Menasha, Calumet County, Outagamie County, and Winnebago County.  Ald. DeCoster asked about having a sunset date listed.  Ald. Coenen asked these guidelines be discussed at every Council meeting.

Motion by Coenen, seconded by Moore to amend the motion to adhere by the guidelines set forth in the Public Health Emergency COVID-19 Alert, released by the City of Appleton, City of Menasha, Calumet County, Outagamie County, and Winnebago County Public Health Departments on indoor Kaukauna facilities in the City of Kaukauna and bring this back to the Council for updates every two weeks.

Roll call vote:  Driessen-aye, Duda-aye, Moore-aye, Schell-aye, Thiele-aye, Coenen-aye, DeCoster-aye.

Motion carried.

Presentation of Ordinances and Resolutions.

Resolution 2020-5240 Resolution Accepting Plan Commission Approval of a Special Exception for Amy and Troy Zacharias.

Motion by Coenen, seconded by Moore to suspend the rules and waive the reading of Resolution 2020-5240 Resolution Accepting Plan Commission Approval of a Special Exception for Amy and Troy Zacharias.

All Ald. present voted aye.

Motion carried.

Motion by Coenen, seconded by Driessen to adopt Resolution 2020-5240 Resolution Accepting Plan Commission Approval of a Special Exception for Amy and Troy Zacharias.  Ald. DeCoster questioned why this is on the agenda for approval when this special exception cannot be denied.  Planner Jakel provided the background on the State Statute language and what can and cannot be denied.

Roll call vote:  Duda-aye, Moore-aye, Schell-aye, Thiele-aye, Coenen-aye, DeCoster-nay, Driessen-aye.

Motion carried 6 – 1.

Resolution 2020-5241 Resolution Authorizing the Mayor and City Clerk to Execute a Deed to Ross Investments, LLC.

Motion by Coenen, seconded by Schell to suspend the rules and waive the reading of Resolution 2020-5241 Resolution Authorizing the Mayor and City Clerk to Execute a Deed to Ross Investments, LLC.

All Ald. present voted aye.

Motion carried.

Motion by Coenen, seconded by Schell to adopt Resolution 2020-5241 Resolution Authorizing the Mayor and City Clerk to Execute a Deed to Ross Investments, LLC.

All Ald. present voted aye.

Motion carried.

Resolution 2020-5242 Partial Vacation of a drainage easement on Lots 85 through Lots 89 of the Wildenberg Estates III Subdivision.

Motion by Coenen, seconded by Thiele to suspend the rules and waive the reading of Resolution 2020-5242 Partial Vacation of a drainage easement on Lots 85 through Lots 89 of the Wildenberg Estates III Subdivision.

All Ald. present voted aye.

Motion carried.

Motion by Coenen, seconded by Moore to adopt Resolution 2020-5242 Partial Vacation of a drainage easement on Lots 85 through Lots 89 of the Wildenberg Estates III Subdivision.

All Ald. present voted aye.

Motion carried.

Ordinance 1811-2020 Repealing and Recreating Chapter 17, Sec. 17.05 – Establishing of Districts and Creating Chapter 17, Sec. 17.29 Groundwater Protection Overlay District, of the Municipal Code of the City of Kaukauna, Outagamie County, Wisconsin, Relating to the Protection of the Municipal Water Supply.

This item was pulled from the agenda because no public hearing was held on this matter.  The City Attorney will review this ordinance and then bring back to the Council for action.

Ordinance 1812-2020 Repealing and Recreating Section 13.066 of the City of Kaukauna Municipal Code.

Motion by Coenen, seconded by Thiele to suspend the rules and waive the reading of Ordinance 1812-2020 Repealing and Recreating Section 13.066 of the City of Kaukauna Municipal Code.

All Ald. present voted aye.

Motion carried.

Motion by Coenen, seconded by Thiele to adopt Ordinance 1812-2020 Repealing and Recreating Section 13.066 of the City of Kaukauna Municipal Code.

Motion made by Moore, seconded by Coenen to amend the language in the Ordinance to replace wording “utility water superintendent or his designee” to Kaukauna Utilities Water Department or its designee” in sections 2(b), 3(a), and 3(b).

All Ald. present voted aye.

Motion carried.

Adjourn to Closed Session pursuant to Wisconsin State Statute 19.85(1)(e) to discuss acquisition of property.

Motion by Coenen, seconded by Moore to adjourn to Closed Session pursuant to Wisconsin State Statute 19.85(1)(e) to discuss acquisition of property.

All Ald. present voted aye.

Motion carried.

Adjourned to Closed Session at 8:16 PM.

Return to Open Session for possible action.

Motion by Coenen, seconded by Moore to return to Open Session for possible action.

All Ald. present voted aye.

Motion carried.

Returned to Open Session at 8:37 PM.

Motion by Coenen, seconded by Schell to allow the Mayor and the City Clerk to sign the vacant land offer to purchase

All Ald. present voted aye.

Motion carried.

Consideration of Miscellaneous Business.

Ald. DeCoster thanked the individuals who helped speed up the processing of tearing down the building across from Kwik Trip and doing the tear down safely.  Ald. Schell stated the area looks nice now that the building is tore down.

Ald. Moore thanked Principal Watson Brunette on coordinating the clothing orders of merchandise with the new City logo.

Ald. Schell inquired about the status of the Marathon gas station.  Planner Jakel stated that no condemnation orders have been made.  Attorney Davidson encouraged staff and Alderpersons to bring attention to the staff of any property that is concerning.  The City has substantial limitations when it comes to raising of buildings, but there are steps that can be taken to make sure these concerning properties are dealt with.

Adjourn

Motion by Moore, seconded by DeCoster to adjourn.

All Ald. present voted aye.

Motion carried.

Meeting adjourned at 8:42 PM.

Sally Kenney

Clerk