Common Council

COUNCIL PROCEEDINGS - COUNCIL CHAMBERS – KAUKAUNA, WISCONSIN – JULY 15, 2025 Pursuant to adjournment on June 18, 2025, a meeting of the Common Council of the City of Kaukauna was called to order by Mayor Penterman at 7:03 P.M. on Tuesday, July 15, 2025. Roll call present: Antoine, DeCoster, Eggleston, Kilgas, Moore, Schell, Schumacher, and Thiele. Also present: Mayor Penterman, Attorney Greenwood, Police Chief Graff, Dir. of Plan. and Com Dev. Kittel, HR Director Hodge (Zoom), Library Dir. Thiem-Menning (Zoom), and interested citizens. One minute of silent prayer and the Pledge of Allegiance to the American Flag observed by the assembly. PRESENTATION OF LETTERS, PETITIONS, REMONSTRANCES, MEMORIALS, AND ACCOUNTS PUBLIC APPEARANCES BUSINESS PRESENTED BY THE MAYOR Public Hearing to consider the repeal and replacement of Ch. 17.51 of the Municipal Code of Ordinances. Mayor Penterman declared the public hearing open and asked if anyone in the Council Chambers or via ZOOM wished to address the Council regarding the repeal and replacement of Ch. 17.51 of the Municipal Code of Ordinances. After asking two more times if anyone wished to address the council, no one else appeared, Mayor Penterman declared the public hearing closed. Appointment of Tim Hufschmid to Municipal Judge replacing John Proffitt until April 2026. Motion by Moore, seconded by Kilgas to appoint Tim Hufschmid to Municipal Judge replacing John Proffitt until April 2026. All Ald. Voted aye. Motion carried. Swearing in of new Municipal Judge Tim Hufschmid. Newly appointed Municipal Judge Tim Hufschmid was sworn in by Deputy Clerk, Christina Nelson. Swearing in of new Police Officer Benjamin Woodward. Deputy Clerk, Christina Nelson swore in Police Officer Benjamin Woodward. Reappointment of Carol VanBoxtel to the Library Board (3-year term). Motion by Kilgas, seconded by Thiele to reappoint Carol VanBoxtel to the Library Board (3-year term). All Ald. Voted aye. Motion carried. Reappointment of Jane Vondracek to the Library Board (3-year term). Motion by Kilgas, seconded by Antoine to reappoint Jane Vondracek to the Library Board (3-year term). All Ald. Voted aye. Motion carried. Fox Heritage Run- Donation of $250 to the Kaukauna Parks Department- Jessica Decet. Jessica Decet, Race Director for the Fox Heritage Run and President of Fox Family Endurance Events, recapped the past year’s events. She thanked the city for its continuous support and presented the Mayor with a $250 check. The check is a donation to the City of Kaukauna Streets and Parks Department for all their help with the events. CONSENT AGENDA Board of Public Works Meeting Minutes of July 14, 2025. Finance & Personnel Committee Meeting Minutes of July 14, 2025. Health & Recreation Committee Meeting Minutes of July 14, 2025. Legislative Committee Meeting Minutes of July 14, 2025. Committee of the Whole Meeting Minutes of July 7, 2025 Common Council Meeting Minutes of June 18, 2025. Heart of the Valley Metropolitan Sewerage District Meeting Minutes of June 10, 2025. Library Board Meeting Minutes of May 27, 2025. Plan Commission Minutes of May 22, 2025 Grignon Mansion Board Meeting Minutes of May 19, 2025. Grignon Mansion Board Meeting Minutes of April 28, 2025. 1000 Islands Committee Meeting Minutes of April 17, 2025. Board of Appeals Meeting Minutes of April 16, 2025. Board of Appeals Meeting Minutes of February 5, 2025. Fire Report. Ambulance Report. Police Report. Code Enforcement Report. Court Report. Clerk-Treasurer’s Daily Deposit Report. Building Inspection Report. Bills Payable. Motion by Moore, seconded by Schell to adopt the consent agenda. All Ald. Voted aye. Motion carried. REPORTS OF STANDING AND SPECIAL COMMITTEES Operator (Bartender) Licenses. The following applicants have applied for an operator’s license for the license year 2024-2026 and have been recommended for approval based on their record check by the police department: Jill Behm M. 115 Lamplighter Dr. Kaukauna Reyce Brehmer D. 149 Lamplighter Dr. Kaukauna Laila Cornelius M. 601 Foerster Ave. Kaukauna Mark Eiting E. 1005 Augustine St. Kaukauna Jeanette Gorzelitz M. 304 Cherry Ln. Little Chute Towanda Grady M. 3488 Mid Valley Dr. De Pere Nick Hietpas J. 2104 Welhouse Dr. Kaukauna Emily Kappus A. 2321 Fairway Dr. Kaukauna Elizabeth Karczewski A. 135 North Washington St. Kimberly Matthew McParlon G. 820 Tarragon Dr. Kaukauna Kevin Meyer J. W2262 Raspberry Ln. Freedom Shane Noss M. 223 Southridge Dr. Kiel Angela Olson M. 29 Rainbow Ct. Appleton Savannah Schachel J. W5395 Michael Dr. Hilbert Guinevere Smith K. 654 Fern St. Kaukauna Brandon Wagner L. 409 Eden Ave. Kaukauna Kristina Wright M. 3157 E. Lake Park Crossing Appleton Motion by DeCoster, seconded by Eggleston to approve the operator/bartender licenses as listed. All Ald. Voted aye. Motion carried. REPORTS OF CITY OFFICERS Ch.17.51 repeal and replace. In 2017 Wisconsin Act 243 passed which repealed Wis. Stat. § 62.23(7)(d)2m.a, which required a three-fourths vote by the governing body to approve a proposed zoning amendment when a protest petition was filed. And in 2023 Wis. Act 16 created Wis. Stat. § 66.10015(3)(a), which provides that a zoning amendment only requires approval by a simple majority of a quorum of the members- elect. These law changes have implications for Section 17.51 in the City’s ordinances. Currently 17.51(4)a has language that would require a three fourths majority vote to approve a zoning amendment if 20 percent of the owners in the immediate area signed a petition in opposition. Based on the above-mentioned law changes and guidance from the Wisconsin League of Municipalities staff is recommending updating the ordinance to remove that specific provision. As part of this change updating the fee for this process is also included to have it set by resolution from time to time. The Plan Commission has reviewed and is recommending approval of the update. Discussion was held and questions answered. Annexation Petition Review-Parcel 030032306. Gregory Lauer has submitted an annexation request for direct annexation of parcel 030032306. The annexation request is for a total of 16.905 acres. As it currently stands, the property would default to Residential Single-Family for zoning if the annexation is approved, which is compliant with the City’s comprehensive plan. The property can be serviced with water and sewer by the City and this is one of the reasons the owners of the property are requesting to annex into the City. Discussion was held and questions answered. PRESENTATION OF ORDINANCES AND RESOLUTIONS Resolution 2025-5476 Resolution Declaring Official Intent to Reimburse Expenditures from Proceeds of Borrowing not to exceed $5,000,000 - Kaukauna Utilities Water Treatment System Improvement Project. Motion by Moore, seconded by Thiele to suspend the rules and waive the reading of Resolution 2025-5476 Resolution Declaring Official Intent to Reimburse Expenditures from Proceeds of Borrowing not to exceed $5,000,000 - Kaukauna Utilities Water Treatment System Improvement Project. All Ald. voted aye. Motion carried. Motion by Moore, seconded by Antoine to adopt Resolution 2025-5476 Resolution Declaring Official Intent to Reimburse Expenditures from Proceeds of Borrowing not to exceed $5,000,000 - Kaukauna Utilities Water Treatment System Improvement Project. All Ald. voted aye. Motion carried. Resolution 2025-5477 Resolution Declaring Official Intent to Reimburse Expenditures from Proceeds of Borrowing not to exceed $19,681,000 - Kaukauna Utilities Various Water Treatment Projects. Motion by Moore, seconded by Schell to suspend the rules and waive the reading of Resolution 2025-5477 Resolution Declaring Official Intent to Reimburse Expenditures from Proceeds of Borrowing not to exceed $19,681,000 - Kaukauna Utilities Various Water Treatment Projects. All Ald. voted aye. Motion carried. Motion by Moore, seconded by Eggleston to adopt Resolution 2025-5477 Resolution Declaring Official Intent to Reimburse Expenditures from Proceeds of Borrowing not to exceed $19,681,000 - Kaukauna Utilities Various Water Treatment Projects. All Ald. voted aye. Motion carried. Resolution 2025-5479 Resolution Approving Fee for a Zoning Amendment. Motion by Moore, seconded by Thiele to suspend the rules and waive the reading of Resolution 2025-5479 Resolution Approving Fee for a Zoning Amendment. All Ald. voted aye. Motion carried. Motion by Moore, seconded by Antoine to adopt Resolution 2025-5479 Resolution Approving Fee for a Zoning Amendment. All Ald. voted aye. Motion carried. Resolution 2025-5480 Resolution Authorizing the Memorandum of Understanding (MOU) Establishing Unified Command for Fox Cities Marathon 2025. Motion by Moore, seconded by Kilgas to suspend the rules and waive the reading of Resolution 2025-5480 Resolution Authorizing the Memorandum of Understanding (MOU) Establishing Unified Command for Fox Cities Marathon 2025. All Ald. voted aye. Motion carried. Motion by Moore, seconded by Eggleston to adopt Resolution 2025-5480 Resolution Authorizing the Memorandum of Understanding (MOU) Establishing Unified Command for Fox Cities Marathon 2025. All Ald. voted aye. Motion carried. Resolution 2025-5481 Resolution to sunset the MissionSquare Retiree Health Savings (RHS) Program. Motion by Moore, seconded by Thiele to suspend the rules and waive the reading of Resolution 2025-5481 Resolution to sunset the MissionSquare Retiree Health Savings (RHS) Program. All Ald. voted aye. Motion carried. Motion by Moore, seconded by Kilgas to adopt Resolution 2025-5481 Resolution to sunset the MissionSquare Retiree Health Savings (RHS) Program. All Ald. voted aye. Motion carried. Ordinance 1932-2025 Ordinance Repealing and Replacing Section 19.30. Motion by Moore, seconded by DeCoster to suspend the rules and waive the reading of Ordinance 1932-2025 Ordinance Repealing and Replacing Section 19.30. All Ald. voted aye. Motion carried. Motion by Moore, seconded by Thiele to adopt Ordinance 1932-2025 Ordinance Repealing and Replacing Section 19.30. All Ald. voted aye. Motion carried. Ordinance 1933-2025 Ordinance Repealing Section 1.51. Motion by Moore, seconded by Schumacher to suspend the rules and waive the reading of Ordinance 1933-2025 Ordinance Repealing Section 1.51. All Ald. voted aye. Motion carried. Motion by Moore, seconded by Schell to adopt Ordinance 1933-2025 Ordinance Repealing Section 1.51. All Ald. voted aye. Motion carried. Ordinance 1936-2025 Ordinance to Annex 16.905 acres of land from the Town of Buchanan to the City of Kaukauna. Motion by Moore, seconded by Schell to suspend the rules and waive the reading of Ordinance 1936-2025 Ordinance to Annex 16.905 acres of land from the Town of Buchanan to the City of Kaukauna. All Ald. voted aye. Motion carried. Motion by Moore, seconded by DeCoster to adopt Ordinance 1936-2025 Ordinance to Annex 16.905 acres of land from the Town of Buchanan to the City of Kaukauna. All Ald. voted aye. Motion carried. Ordinance 1937-2025 Ordinance Repealing and Replacing Section 17.51. Motion by Moore, seconded by Kilgas to suspend the rules and waive the reading of Ordinance 1937-2025 Ordinance Repealing and Replacing Section 17.51. All Ald. voted aye. Motion carried. Motion by Moore, seconded by Schumacher to adopt Ordinance 1937-2025 Ordinance Repealing and Replacing Section 17.51. All Ald. voted aye. Motion carried. ALDER REQUESTS FOR DISCUSSION AT THE NEXT COMMON COUNCIL MEETING Alder Moore asked that staff look into updating the City’s reimbursement for conference attendance for council members, stating it has been outdated for several years. Alder Antoine asked for an update on The Reserve. CLOSED SESSION Adjourn to Closed Session Pursuant to 19.85(1)(g) to confer with legal counsel for the governmental body who is rendering oral or written advice concerning strategy to be adopted by the body with respect to litigation in which it is or is likely to become involvedFox Shores Apartments. Motion by Moore, seconded by Schell to adjourn to Closed Session Pursuant to 19.85(1)(g) to confer with legal counsel for the governmental body who is rendering oral or written advice concerning strategy to be adopted by the body with respect to litigation in which it is or is likely to become involvedFox Shores Apartments. All members voted aye. Motion carried. Moved to closed session at 7:44 PM. Return to Open Session for possible action. Motion by Moore, seconded by DeCoster to return to open session for possible action. All Ald. voted aye. Motion carried. Returned to Open Session at 7:54 pm. Adjourn to Closed Session Pursuant to State Statute 19.85(1)(e) for deliberating or negotiating the purchasing of public properties, the investing of public funds, or conducting other specified public business, whenever competitive or bargaining reasons require a closed session- Commerce Crossing Lot 3 CSM 7631 Motion by Moore, seconded by DeCoster to adjourn to Closed Session Pursuant to State Statute 19.85(1)(e) for deliberating or negotiating the purchasing of public properties, the investing of public funds, or conducting other specified public business, whenever competitive or bargaining reasons require a closed session- Commerce Crossing Lot 3 CSM 7631. All Ald. voted aye. Motion carried. Moved to closed session at 7:55 PM. Return to Open Session for possible action. Motion by DeCoster, seconded by Thiele to return to open session for possible action. All Ald. voted aye. Motion carried. Returned to Open Session at 8:30 pm. ADJOURN Motion by Antoine, seconded by Schell to adjourn. All Ald. voted aye. Motion carried. Meeting adjourned at 8:31 p.m. Christina Nelson, Deputy Clerk