Council Minutes 7/14/09 Part 2 of 2

Regular Council Minutes

1. Mayor Nerenhausen called to order the regular council meeting at 6:05 p.m.
2. Roll call: Ed Young, John Wittkopf, Al Schreiber, Joe Stiloski, Marlene Zahn, Dick Doeren, Tom Fulton, Jim Stiloski, Jack Maas and Atty. Mraz.
Lloyd Heier excused.
Also present, Linda Belongia, Administrator and as recording secretary.
3. Invocation and pledge of allegiance by Father Beno.
4. Moved by Joe Stiloski seconded by Zahn to approve of the agenda as
presented.
Motion carried upon verbal voice vote. 9 ayes
5. Moved by Fulton seconded by Jim Stiloski to accept the minutes as
presented and place on file.
Motion carried upon verbal voice vote. 9 ayes
6. Moved by Young seconded by Schreiber to accept the department
reports as presented and place on file.
Motion carried upon verbal voice vote. 9 ayes
7. Correspondence/public input: Copy of memo provided to council
members regarding the upcoming National Night Out.
8. Moved by Maas seconded by Fulton to suspend the rules regarding
adoption of ordinance for agenda items number 9 and 10.
Motion carried upon verbal voice vote.
8 ayes 1 no – Joe Stiloski and 1 absent
9. Moved by Doeren seconded by Maas to adopt under suspension of the
rules the ordinance amending the zoning for the properties located
between Highway 22, a/k/a Charles Street and Mott Street which is
currently zoned IG General Industrial to CH Highway Commercial.

Doeren stated we should take a close look at Cruisers to help protect their
interest; Discussion on grandfathered uses when zoning is changed;
Atty. Mraz stated under grandfathered there are still some
restrictions…the grandfathered use would have to be used continuously
as that use to continue; Jim Stiloski stated we are trying to do the TID
district, but concern we need to address Cruisers concerns; Schreiber
stated we should leave this property as industrial;

Moved by Jim Stiloski seconded by Maas to table for further talks with
KCS and let them know we have a deadline.
Motion carried upon verbal voice vote. 9 ayes

10. Moved by Doeren seconded by Zahn to adopt under suspension of the
rules the ordinance amending the zoning on the Frank and Donna Bickel
property located at 6315 Van Heck Avenue, Oconto, WI. from (RD) Rural
Development to (IG) General Industrial on Parcel No. 265-28-130081274.
Motion carried upon verbal voice vote. 9 ayes

11. Mayor stated no action necessary on the recommendation from Oconto
Utility Commission not to allow any communication tower to be built in the
City of Oconto.
Maas stated he felt the council should act on the recommendation from
OUC;

12. Mayor stated a Residential 2 (R-2) district prohibits towers either as a
permitted or under a conditional use.

Moved by Schreiber seconded by Jim Stiloski to deny the request for a
telecommunication tower 190’ in height on the Oconto County Courthouse
property, 301 Washington Street, Oconto, WI.

Maas referenced the Oconto Utility Commission motion not to allow the
tower, feels this should be brought forth and acted on;

Atty. Mraz stated if the council acts on number 12, then no action maybe
necessary on number 11.

Motion carried upon verbal roll call vote:
6 ayes: Wittkopf, Schreiber, Zahn, Tom Fulton, Jim Stiloski and Jack Maas
3 no: Young, Joe Stiloski and Dick Doeren. 1 absent: Heier

13. Moved by Wittkopf seconded by Zahn to approve of the Final Resolution
authorizing the special assessments against benefitted property owners in
the City of Oconto, Oconto County, WI for Michigan Avenue (from Pecor
Street to Main Street and Madison Street to the North End.)
Motion carried upon verbal voice vote. 9 ayes

14. Moved by Wittkopf to approve of the Final Resolution authorizing the
special assessments against benefitted property owners in the City of Oconto, Oconto County, WI., for Parcel No. 265-32-200662078, 710 Fifth
Street, Oconto, WI.

Mayor called for three times for a second to the motion.

Motion died for lack of second.

15. Mayor read aloud the Consent Agenda: Approve of closing Porter
Avenue from Adams to Jefferson Streets on 8/1/09 and 8/8/09 for the
Oconto Hospital and Matt Pagel golf outings; Approve of the construction schedule for Hwy 22 to be done in 2009; Deny the proposal from Atty.
Morrison for the Oconto property of Jay Brezinski; Approve of proceeding
with Hwy 22 as shown on the map drawn by Bob Mommaerts at the
Mayor’s request; Approve of pay request # 4 for Champion in the amount
of $34,782.50; Approve of listing of accounts payables for $255,730.04;
payroll for $110,566.65 and financial reports; Approve of protective
sealant being applied to the concrete for the box culvert underpass;
Approval of applications for an operator’s license contingent upon
completion of the required operator’s beverage training course.
Moved by Zahn seconded by Doeren to approve of the Consent Agenda as presented.
Motion carried upon verbal voice vote. 9 ayes

16. Discussion/possible action on:
a. Moved by Maas seconded by Fulton to approve of the Oconto Police Dept radio technology upgrades number 16.804 – Recovery Act – Justice
Assistance Grants. Projected cost of this radio upgrade is $12,525 of the
available allotment of $15,959. Memo from Chief Carper stated the
remaining funds from the allotment be used by Oconto County to off-set
costs in upgrading law enforcement software being considered for the
county-wide law enforcement database system for a total cost of
$3,343.00.
Motion carried upon verbal voice vote. 9 ayes

b. Discussion on recommendation from Forestry Committee regarding street inventory; trees in ROW, thought this wasn’t allowed; will define
types of trees;

Moved by Doeren seconded by Zahn to accept recommendation from
Forestry Committee to hire Bluestem Forestry Consulting, Inc to do a
street inventory for $3,490 of which ½ is part of the Forestry budget and
the other ½ is a DNR grant.

Joe Stiloski questioned if this wasn’t done already?

Mayor stated that was a study on problem trees; this company will GPS
every tree that is the ROW; it will give us a program on where trees are in
the ROW;

Wittkopf referenced issue with trees on Cross Street…those trees should have come out;

Young questioned if this was in the forestry budget?

Mayor stated yes.

Motion carried upon verbal roll call vote.
5 ayes: Young, Schreiber, Zahn, Doeren and Fulton.
4 no: Wittkopf, Joe Stiloski, Jim Stiloski and Maas. 1 absent: Heier

c. Moved by Jim Stiloski seconded by Doeren to accept and place on file the Soil Report and Foundation recommendations for the former Kelly
Pickle Site as done by UP Engineering and Architects.
Motion carried upon verbal voice vote. 9 ayes

d. Moved by Wittkopf seconded by Doeren to adopt the ordinance creating
an ordinance for Covenants in Highway Commercial and General
Industrial Districts for the Municipal Code of Ordinances of the City of
Oconto.
Motion carried upon verbal voice vote.
7 ayes: Young, Wittkopf, Schreiber, Joe Stiloski, Doeren, Fulton and Maas
2 no: Zahn and Jim Stiloski. 1 absent: Heier

e. Moved by Jim Stiloski seconded by Doeren to approve of a Temp Class
B license for the Oconto Sportsman’s Club for 8/9/09 for the Oconto
Sportsmen’s Club.
Motion carried upon verbal voice vote. 9 ayes

Mayor called for a recess at 6:30 p.m.

Mayor reconvened the Council meeting at 6:55 p.m.

17. Mayor sated the Council may vote at approximately 6:56 p.m. to convene
into Closed Session pursuant to notice duly given and as allowed by Wis.
Stats. 19.95(1) (g) to confer with legal counsel who is rendering legal
advice concerning strategy to adopt with respect to litigation the City is
involved with concerning Barley Trucking & Excavating, Inc., and BMHC,
Inc.
Moved by Wittkopf seconded by Doeren to convene into Closed Session at 6:56 p.m.
Motion carried upon verbal roll call vote. 9 ayes 1 absent

Closed Session

18. Moved by Zahn seconded by Joe Stiloski to reconvene into Open Session
at 7:19 p.m.
Motion carried upon verbal voice vote. 9 ayes

19. Next Com of the Whole meeting, Tuesday, August 4th, 2009 at 6:00 p.m.

20. Moved by Wittkopf seconded by Schreiber to adjourn. M/C
Meeting adjourned at 7:19 p.m.
Minutes submitted by
Linda M. Belongia
Administrator