Council Minutes 7/12/2011

Minutes of the Regular Council meeting held on Tuesday, July 12th, 2011 pursuant to notice duly given.
1. Meeting called to order by Mayor Fulton at 6:00 p.m.
2. Roll call: Mayor Fulton, Ed Young, Roger Reed, John Wittkopf, Al Schreiber, Joe Stiloski, Marlene Zahn, Dick Doeren, Terri Berth, Joe Paluch, Jack Maas, Atty. Calvert, Jack Mlnarik and Linda Belongia Administrator and as recording secretary.
3. Invocation and pledge of allegiance given by Roger Reed.
4. Moved by Zahn seconded by Wittkopf to approve of the agenda as presented. Motion carried upon verbal voice vote. 10 ayes
5. Moved by Reed seconded by Doeren to approve and place on file as typed the Committee of the Whole, Council and any Special Council meetings. Motion carried upon verbal voice vote. 10 ayes
6. Moved by Schreiber seconded by Zahn to approve and place on file the department reports as presented. Motion carried upon verbal voice vote. 10 ayes
7. Correspondence/Public Input: League Capitol Buzz and Legislative Bulletin.
8. Josh Bostedt requested on behalf of the Oconto Fire Dept to hold the MDA donation drives August 19th and August 20th. The collections will take place on the corner of Park Avenue and Main; Thompson’s parking lot and Wagner Shell. Bostedt stated they hope to sell chicken booyah; Moved by Maas seconded by Schreiber to grant the request from the Oconto Fire Dept to hold the MDA donation drive August 19th and August 20th. Motion carried upon electronically recorded vote. 10 ayes
9. Request from Christy Borowiak and John Eparvier to have fireworks at their outdoor wedding 8/13/2011. Mayor stated we’ve done a little research; currently the city ordinance does not have anything address this; before we grant such a request we should have an ordinance on the books…we currently have a permit by ordinance for the sale of fireworks, but not for individuals; Mlnarik stated it is very rare for individuals…only have permit for businesses; Maas stated we didn’t grant allowing to happen….assume liability; Wittkopf referenced display Mike Trepanier has had in past; Mayor stated once we grant we assume some liability; Zahn stated there are other ways to celebrate; Moved by Schreiber seconded by Zahn to deny the request for the fireworks display. Schreiber stated this would be opening can of worms; Maas stated we should have been enforcing long ago; Schreiber referenced illegal fireworks on 7/3; Atty. Calvert referenced state statute; Mlnarik stated anything that goes up in the air is illegal; Maas stated we should delete from our ordinance it is here if they meet criteria….application needs; Atty. Calvert referenced needing a site plan…and with a gas station so close; Schreiber referenced article in Press Gazette; Paluch questioned what about Copperfest and 4th of July? Mayor stated if someone wants to bring this back to another meeting for further discussion. Motion carried upon electronically recorded vote. 9 ayes 1 no Stiloski
10. Mayor Fulton updated the council on the fish cleaning station; utilities have been put in; Bourassa will do concrete work; Stock/Stellmacher will do shelter; NEROCO built the 4x8 table…will be a real benefit to Harbor; Maas asked if the electrical has been done? Mayor stated it’s close;
11. Mayor read aloud Consent Agenda: Go with Plan 10A regarding the statutory requirement as a result of the 2010 Census; Final pay request for DeGroot, Inc OC-10-A 2010 for $79,035.27; Final pay request for Boulanger Constr., for crushing in the amt of $1,607.76; Young pulled agenda item d regarding Change Order # 1 for OC-11-A; Schreiber pulled agenda item e request from Peters Concrete having the signal light flash yellow for north-south bound traffic and red for east-west bound traffic on Business 41; Doeren pulled agenda item f to remove traffic lights at intersection Smith/McDonald and install stop signs at McDonald retaining traffic lights at Main/Brazeau; Mayor continued with consent agenda: Approve of accepting Miller for the Sharp Park playground equipment, Option A&C with budgeted money not to exceed $19,000; Approve of listing of accts payables for $358,060.70; payroll for $121,928.40 and financial reports as presented. Moved by Schreiber seconded by Doeren to approve of the Consent Agenda except for items d, e & f. Motion carried upon electronically recorded vote. 10 ayes
d. Young stated he doesn’t understand the whole change order…cross walks will be concrete; trucks and pavers going over the cross walks…bituminous will be moving during winter; Young stated he called Pat Scanlan and county is not in favor of doing the cross walks this way; should go back to some committee…poor decision…what are we going to do in 5 years…this is a bad change order; Schreiber stated will be uneven, one will shift, different than the other, even stamping doesn’t hold up…close to $100,000…;
Moved by Schreiber seconded to refer change order back to BPW regarding the cross walks.
Stiloski stated less bolts $34,000; Zahn questioned was this done to save money?
Mayor stated the contractor agreed with doing the cross walks this way;
Schreiber rescinded his motion.
Moved by Schreiber seconded by Young to refer issue on cross walks on change order # 1 to BPW. Motion carried upon electronically recorded vote. 10 ayes
e. Schreiber stated flashing yellow on Man and red other way…for convenience of contractor; Maas stated the contractor requested this; Schreiber stated this would be for the good of the contractor, not our businesses; Maas stated faster we get job done; Wittkopf stated he feels traffic will flow faster with the contractors request; Schreiber stated it’s for the ease of the contractor; Zahn stated why can’t lights stay as they are? Schreiber stated it’s inconvenient for the contractor; Moved by Maas seconded by Wittkopf to approve of Peters Concrete having the signal light flash yellow for north-south bound traffic and red for east-west bound traffic on Business 41. Motion carried upon electronically recorded vote. 8 ayes 2 no: Young and Stiloski
f. Doeren stated have a two-way stop is going to be a problem…watch this intersection everyday…vehicles travel through 35-40 mps without lights on…taking the lights away to save $9,000? Wittkopf stated he received a phone call tonight that we should make that intersection a 4 way stop with flashing lights around the stop sign; Schreiber stated that was how that intersection was originally planned; Moved by Schreiber seconded by Maas to make the intersection at Smith/McDonald and make it a 4-way stop sign with the sign having the reflector/lights. Motion carried upon electronically recorded vote. 10 ayes
12. Next Com of the Whole meeting, Tuesday, August 2nd, 2011.
12. Moved by Zahn seconded by Schreiber to adjourn. M/C
Meeting adjourned at 6:39 p.m.

Minutes submitted by
Linda M. Belongia, Administrator