Hearing & Council Minutes

Minutes of the Public Hearing and Special Council meeting held on Monday, August 16th, 2010 at city hall pursuant to notice duly given.


Mayor Fulton opened the public hearing at 5 p.m. on Special Assessments for Public Improvements in the City of Oconto, Oconto, WI stating that the governing body has declared its intention to exercise its police power in accordance with 66.0703, Stats., to levy special assessments upon property on: Huron Avenue from Pecor to Main; Superior Avenue from the Oconto River Bridge to Main; Broadway Avenue from Bridge to Frank; Cook Avenue from Evergreen to Logtown; and Cooper Culture Way from Mott to west roundabout on STH 22. Mayor stated all will be heard and we will go street by street;

Mayor asked if any input on Huron Avenue? Hearing none Mayor moved to next street;

Mayor asked if any input on Superior Avenue? Hearing none Mayor moved to next street;

Mayor asked if any input on Broadway Avenue? Hearing none Mayor moved to next street;

Mayor asked if any input on Cook Avenue? Monica Bayyouk, 889 Brazeau questioned why the city was putting curb & gutter on one of the worst streets in the City of Oconto? Mayor stated curb & gutter is part of the rebuilding of the road; Ms. Bayyouk stated this will become a drag strip…no one living there; not interested in having curb & gutter which will bring their driveway to everyone’s attention…is against assessment; Don LaFortune, owner of 264 Cook Avenue stated agreement with comments from Ms. Bayyouk…referenced county reports on increase in taxes and concern with economic conditions;
Ms. Bayyouk agreed with Mr. LaFortune and also stated the property next to her at 909 Brazeau is being foreclosed upon; Hearing nothing Mayor closed discussion on Cook Avenue;

Per Alderperson’s Maas’s request as some property owners arrived who have a business on Broadway;
Mayor went back to Broadway Avenue; Linda Schuh property owner at 522 Broadway agent representing her asked where the project areas will be on Broadway. Robert Mommaerts, Director of Public Services stated from Bridge going to Frank; Ms. Schuh stated concern with elevation?
Bob Mommaerts stated we will widen Broadway when we go past the Liquid Supply which will give them more parking;

Mayor asked for any discussion on Copper Culture Way? Bob Mommaerts handed out copies of the DOT Transportation Project Plat showing the Gerald Bickel property; Gerald Bickel stated the DOT bought the access of his property for the rails to trails which has not been completed yet; Bob Mommaerts stated the 11x17 map has been highlighted to show the Bickel area…they were paid by the State for the “no access”; Bruce Zima stated he was representing Fran Bourassa who has property off of Copper Culture Way…feels the footage is wrong; Bob Mommaerts stated this is a continuation of the 2007 project;

Don LaFortune stated along Broadway, due to economic conditions, ask that the city delay doing this area as well;

Hearing nothing further, Mayor Fulton closed the public hearing at 5:15 p.m.

1. Mayor called to order the Special Council meeting at 5:15 p.m.
2. Roll call: Mayor Fulton, Ed Young, Roger Reed, John Wittkopf, Al Schreiber, Joe Stiloski, Marlene Zahn, Dick Doeren, Jack Maas and Atty. Calvert. Excused: Jim Stiloski. Also present: Robert J. Mommaerts, P.E., Director of Public Services and Linda Belongia Administrator also presented and as recording secretary.
3. Invocation and pledge of allegiance given by Alderperson Zahn.
4. Moved by Zahn seconded by Doeren to approve of the agenda as presented.
Motion carried upon verbal voice vote. 8 ayes
5. No correspondence or public input.
6. Discussion/action on Final Resolution for OC-10-A. Mayor stated we will go by street.
Mr. Mommaerts stated that Schedule “C” shows replacement of sanitary laterals on Huron; if they are PVC or vitrified clay the property owner will not be charged;

Moved by Wittkopf seconded by Reed to adopt the Final Resolution proceeding with Huron Avenue from Pecor Street to Main Street as proposed.
Motion carried upon electronically recorded vote.
7 ayes 1 no Joe Stiloski and 1 excused Jim Stiloski

Moved by Zahn seconded by Doeren to adopt the Final Resolution proceeding with Superior Avenue from the Oconto River Bridge to Main Street as proposed.
Motion carried upon electronically recorded vote.
7 ayes 1 no Joe Stiloski and 1 excused Jim Stiloski

Discussion on Broadway Avenue from Bridge Street to Frank Street.
Wittkopf questioned if anyone checked to make sure all properties needing driveway aprons are being assessed for this?

Bob Mommaerts stated yes the driveway aprons have been checked.

Moved by Doeren seconded by Schreiber to adopt the Final Resolution proceeding with Broadway Avenue from Bridget Street to Frank Street as proposed.
Motion carried upon electronically recorded vote.
7 ayes 1 no Joe Stiloski and 1 excused Jim Stiloski

Discussion on Cook Avenue from Evergreen to Logtown.
Zahn questioned if the Bayyouk’s have access to their property on Brazeau from Cook Avenue….if they wanted they could close it;

Monica Bayyouk stated they have a culvert along Cook and don’t want to close this in case of an emergency, etc don’t want this closed; can’t see closing this, but stated they are against highlighting this area…have problems with 4 wheelers cutting their fence….and riding on their property;

Wittkopf stated if Cook Avenue is only access, this would be a buildable lot, maybe they should look at fencing it off;

Moved by Wittkopf seconded by Maas to adopt the Final Resolution proceeding with the Cook Avenue from Evergreen to the city drainage ditch on Cook Avenue.

Discussion.

Zahn questioned the cemetery property...they were against the assessment;

Atty. Calvert stated the cemetery association has no choice as we will be running curb & gutter on the other side of the street;

Monica Bayyouk questioned why the city is not going all the way to Logtown?

Mayor stated the project will go to the city’s easement area;

Monica Bayyouk questioned why?

Mayor stated this area is natural wetlands, going to the easement will allow for good drainage;

Bob Mommaerts stated curb & gutter will be run to that point;

Zahn questioned letter from WI-DOT they are against proposed assessment;

Wittkopf questioned if DOT opposes can we assess?

Atty. Calvert stated we can assess and we will pursue;

Schreiber questioned Mr. Mommaerts if Bayyouk’s could decide not to have the driveway apron before the work is done?

Bob Mommaerts stated yes;

Wittkopf questioned that property being a buildable lot?

Bob Mommaerts would have to subdivide; no benefit extending water and sewer can have the Utility Commission assess a hook-up charge;

Wittkopf stated then the utility commission would have to foot the bill?

Bob Mommaerts stated yes;

Mayor called for voting on the motion regarding Cook Avenue.
Motion carried upon electronically recorded vote.
6 ayes; 2 no: Zahn and Joe Stiloski and 1 excused Jim Stiloski

Discussion on Copper Culture Way from Mott to west roundabout on STH 22.

Zahn questioned EFX property;

Doeren questioned if all these lots are buildable lots?

Bob Mommaerts stated that is up to the property owners to prove if it is wetlands;

Discussion on motion…Maas stated could assess a special hook up charge so that if at anytime they would hook up?

Atty. Calvert clarified…hook up charge vs. special assessment.

Bob Mommaerts stated the utility commission can by virtue of the Public Service Commission
assess a hook up charge;

Young questioned the Bickel property and not having footage;

Atty. Calvert stated they sold the access rights, not the frontage;

Young stated he doesn’t understand this…no footage…state owns access;

Schreiber questioned the Bourassa property;

Bob Mommaerts stated they have access off of Badger Court…the south end of the Bickel property…the wetlands have not been proven;

Atty. Calvert questioned the footage?

Bob Mommaerts stated the representatives for the Bourassa property also questioned the footage…he will check on it;

Mayor stated we need to assume the property is building not proved as wetlands;

Atty. Calvert questioned where the water main will run from?

Bob Mommaerts stated the building already has service; access would have to be off of Badger Court;

Mayor again stated we are assuming the property is buildable;

Moved by Wittkopf seconded by Schreiber to assess a hook up charge for the Gerald & Delores Bickel property for parcel # 2085 if the property is ever developed.
Motion carried upon electronically recorded vote.
6 ayes; 2 no: Young and Joe Stiloski and 1 excused Jim Stiloski

Discussion on Bourassa property.

Bob Mommaerts stated the assumption is that the east side of the road is wetlands, but can’t
proof that till the property is delineated;

Schreiber stated we should go with the special assessment;

Bob Mommaerts stated the utility commission can assess a hook up charge.

Moved by Schreiber seconded by Zahn to adopt the Final Resolution for the Bourassa property, parcels # 2082C and 2082D as proposed.
Motion carried upon electronically recorded vote.
5 ayes; 3 no: Young, Reed and Joe Stiloski and 1 excused Jim Stiloski

Discussion on EFX property.
Bob Mommaerts stated this property is not landlocked;

Atty. Calvert questioned if we looked at the deed on this one?

Bob Mommaerts stated no.


Moved by Schreiber seconded by Zahn to adopt the Final Resolution for the EFX property, parcel # 2082A as proposed.
Motion carried upon electronically recorded vote.
5 ayes; 3 no: Young, Reed and Joe Stiloski and 1 excused Jim Stiloski

7. Discussion on recommendation from Oconto Utility Commission to approve of Change Order # 1 to DeGroot, Inc for Contract OC-10-A which will delete 3,260 l.f. of 10” watermain and 2,340 l.f. of curb & gutter on Cook Avenue at unit prices and add 4,700 l.f. of 8” watermain on Second, Third, & Fifth Streets at unit prices to correct rust problems for an increase in the contract price of $10,219.56. Mayor stated issues not done on Cook Avenue will be utilized for the south side as recommended by the utility commission; Bob Mommaerts stated Second, Third & Fifth streets have metal watermains that are corroded…the DNR is ready to issue orders on this; Zahn questioned if those property owners will be assessed for this? Bob Mommaerts stated no. Reed questioned what is the problem, has also had bad water; Bob Mommaerts stated we have a really bad rust problem and residents complaining of rusty water and we’ve tried different methods and can’t seem to fix it; Reed asked where will this work take place? Bob Mommaerts stated we will be replacing 4,700 l.f.

Moved by Maas seconded b y Wittkopf to accept recommendation from Oconto Utility Commission and approve of Change Order # 1 for DeGroot, Inc. for Contract OC-10-A.
Motion carried upon electronically recorded vote.
8 ayes 1 no – Joe Stiloski and 1 absent: Jim Stiloski
8. Next Committee of the Whole meeting, Tuesday, September 7th, 2010.
9. Moved by Zahn seconded by Schreiber to adjourn. M/C
Meeting adjourned at 5:55 p.m.


Minutes submitted by
Linda M. Belongia,
Administrator