Minutes of the 1/13/09 Public Hearing & Council Meeting

Minutes of the Public Hearing and Regular Council meeting held on Tuesday, January 13th, 2009 at city hall pursuant to notice duly given.

Mayor Nerenhausen opened the public hearing at 5:30 p.m. for the following agenda:

1. Request by the Common Council for a zoning change for three parcels owned by the City of Oconto formerly known as the Kelly Pickle property:
Parcel # 265-28-130331302, currently zoned IG General Industrial
Parcel # 265-28-130321300, currently zoned Residential 1
Parcel # 265-03-24023166, currently zoned Residential 1

And the property owned by Jerome Brezinski, Parcel # 265-28-130311299A, located on Charles Street adjacent to the former Kelly Pickle Property, currently zoned IG General Industrial.

The petition for a zoning amendment is to rezone these parcels to a CH Highway Commercial District.

2. Request by the Common Council to:
Amend SEC 13-1-45 CH Highway Zoned Districts to allow under (b) Permitted Uses and Structures Multi-unit Senior Apartments;

Amend SEC 13-1-45 CH Highway Zoned Districts to allow all permitted uses and conditional uses that are allowed under SEC 13-1-46 CD Downtown Commercial Zoned Districts.

Any and all persons or their agents for or against will be heard.

Roger Bitters, 127 Mott Street, Oconto, WI., opposed to changing zoning on the two city parcels currently zoned Residential 1; doesn’t want CH Districts to have senior housing;

Jenny Hamann, owner of the Mobil Station questioned why change the zoning before we know what type of businesses will develop on this property;

Mayor stated a CH Highway District will be a better fit for this property;

Jim Sharkey, 121 Mott Street, Oconto, WI., stated he would like to keep the parcels ending in #166 and # 300 as Residential 1 and also expressed concern on past water problems with flood damage…would like to keep area residential;

Mayor stated this has not been voted on…no decision made….but the discussion has been to develop those areas into a park;

Jim Sharkey questioned why add another park…should look at improving County Park, good for Walleye fishing; City Park…needs work, clean up the beach area; this new proposed park area will become a disposal for garbage….lot of carelessness…would like to see this area kept as a residential area;

Alderperson Exworthy questioned where is the wetlands Mr. Sharkey referred too?

Alderperson Maas showed the two areas on a map;

Mayor these areas area floodplain, not wetlands;

Alderperson Doeren stated the Park & Recreation Dept has prepared a 5 year plan, includes work at City Park…on the shelter buildings;

Jenny Hamann stated this area will be a main corridor to city, want to make this area attractive;

Alderperson Maas stated County Park is in the county…at City Park we now have nine primitive sites…we have new restrooms….are working to making improvements;

Alderperson Exworthy stated agreement with Jenny Hamann that we are putting the cart before the horse…referenced page 31 of the Ayres report…creating a PUD district…we should not shut the door to industry in this area;

Alderperson Zahn questioned Mr. Bitters why he is opposed to senior housing?

Mr. Bitters stated we have enough housing places…and those places have vacancies;

Alderperson Wittkopf stated the proposed development is low income housing, stated he spoke with Ken DePouw…don’t know where the developer came up with survey numbers…;

Mayor hearing nothing further, closed the public hearing at 5:48 p.m.


Minutes of the Regular Council meeting.

1. Meeting called to order at 6:00 p.m. by Mayor Nerenhausen.

2. Roll call: Mayor Nerenhausen, Ed Young, Lloyd Heier, John Wittkopf, Al Schreiber, Joe Stiloski, Marlene Zahn, Dick Doeren, Jim Lacourciere, Sue
Exworthy, Jack Maas and Atty. Mraz. Linda Belongia, Administrator and as
recording secretary also present.

3. Invocation and pledge of allegiance given by Pastor Richard King.

4. Moved by Doeren seconded by Zahn to approve of the agenda as presented.
Motion carried upon verbal voice vote. 10 ayes
5. Moved by Heier seconded by Doeren to approve and place on file as typed the minutes as presented.
Motion carried upon verbal voice vote. 10 ayes

6. Moved by Lacourciere seconded by Wittkopf to approve of the department reports as presented and place on file.
Motion carried upon verbal voice vote. 10 ayes

7. Correspondence/public input: Belongia provided copies of two legislative bulletins; Maas complimented the new website;

8. Moved by Doeren seconded by Maas to suspend the rules regarding adoption of ordinances.
Exworthy questioned why are we suspending the rules, what is the rush?
Belongia stated agenda items 9, 10 & 11 will be affected by ordinances on
tonight’s agenda. Wittkopf questioned if a survey is needed for the rezoning
changes? Mayor stated the zoning change on the ordinances is done by legal
description.
Motion carried upon verbal voice vote. 10 ayes

9. Moved by Doeren seconded by Lacourciere to amend the zoning map for the City of Oconto for the formerly owned Kelly Pickle property and the property owned
by Rivers Bend development LLC c/o Jerome Brezinski changing the zoning to a
CH Highway Commercial District.
Exworthy stated she doesn’t have an issue with changing the zoning…understands from previous discussions the need to have zoning in place
before a TIF District is created; need to make sure of what we are doing tonight,
once zoning is changed and the TIF is created have been told it will be very
difficult to change the zoning; Atty. Mraz commented that’s a fair statement;
Wittkopf questioned reference Mayor made about “all” the property for industry;
Mayor stated the Bickel property; plus the 20 acres the city will acquire for DOT
once the by-pass project is completed; Maas stated we also have some property in
our industrial park…also 10 acres approx by Shell which is privately owned;
Schreiber questioned with the zoning change, all will be allowed in a CH
Highway Commercial District as what is allowed in the CD Downtown
Commercial Districts? Mayor stated yes;
Motion carried upon verbal voice vote. 10 ayes

10. Discussion on ordinance to amend the CH Highway District to allow multi-union
senior apartments; Exworthy questioned why not have this as a conditional
use…instead of a permitted use…can deal with each on a case by case
basis…developers would have to come to city, would like to see this as a
conditional use, as allowed under CD Downtown Commercial Zoned Districts;
Schreiber agreed with Exworthy…will control where these are put;
Exworthy stated this is such a large district, a lot of property involved…for this
type of project;
Moved by Exworthy seconded by Schreiber to amend the motion that the multi- unit senior apartments be under conditional uses and adopt the remainder of the
proposed ordinance as drafted.
Lacourciere questioned how much will this delay the developer? Belongia stated at a minimum a month, will require a public hearing before the Plan Commission.
Motion on amendment tied on a roll call vote: 5 ayes: Zahn, Doeren, Lacourciere
and Maas. Mayor Nerenhausen as allowed by ordinance, broke the tie, voting no
to the amendment.
Motion to amend failed on a 5 aye 6 no vote.

Moved by Zahn seconded by Doeren to adopt the ordinance as drafted.
Motion carried upon verbal roll call vote: 6 ayes: Young, Stiloski, Zahn, Doeren, Lacourciere and Maas. 4 no: Heier, Wittkopf, Schreiber and Exworthy.

11. Cal Schultz of Keystone Development was present regarding his offer to
purchase 1.5+ acres; Exworthy questioned the market study being done after the
offer is accepted; Schultz stated yes he has a timeline of getting everything done and submitted with his application; Exworthy stated she spoke with Ken DePouw
and OKATO Manor, also a facility in Lena…will effect what we already have;
Schultz described his proposed facility, under the 9% Section 42 Tax Credit
program; Exworthy stated this could empty out our existing units…referenced
Gillett, Oconto Falls and Suring, all have vacancies; Schultz stated his
development is a different type; Exworthy questioned his project receiving
WHEDA financing….and city selling something that is not surveyed yet; Atty.
Mraz stated before the property could be conveyed a survey would have to be
done; Exworthy stated this development is a duplication of services; Exworthy
questioned Schultz if he would take Section 8 vouchers? Schultz stated he has
to accept them; Doeren questioned if this is common? Schultz stated typically
Section 8 vouchers are hard to get….stated he has seen some, but not a lot;
Lacourciere questioned CMI…what is this? Schultz stated County Median
Income; Mayor stated a reversionary clause will be part of the offer, if the
development doesn’t occur, city would get property back; Exworthy stated the
council tonight is being asked to bless this project, that corner of the property for
$40,000; Wittkopf questioned what is 9% program; Schultz stated under the IRS
Code Sec 42 … 9% Federal Tax Credits on an eligible basis….incentive for
keeping rents low; Maas questioned where else Schultz has developed such
facilities; Schultz stated Marshfield, Wisconsin Rapids, Milwaukee area, Ripon,
Combined Locks; Stiloski questioned what prompts
development…speculation…aging? Schultz stated they do a demographics study;

Schultz stated the urgency with having to apply for the Sec 42 Tax Credits, deadline is 2/16/09 and the market study will need to be done before
that…typically takes 30 days.

Schreiber stated the Mayor could call for a special council meeting to meet the time frame; we need to have everything taken care of with the offer to purchase,
all questions, before it can be acted on;

Motion carried upon verbal roll call vote. 6 ayes: Heier, Stiloski, Zahn, Doeren,
Lacourciere and Maas. 4 no: Young, Wittkopf, Schreiber and Exworthy.

12. Mayor read aloud the Consent Agenda: Approval of affidavit for the sign location at Wayne’s Restaurant, and if this is not acceptable by the owners, the city will
notify the State that we want this issue resolved and we will not accept the
jurisdictional transfer of the property until DOT takes care of the sign issue;
Wittkopf asked that the posting of the draft ordinance for residency be pulled;
Post for 30 days draft ordinance amending the swimming pool ordinance which
removes the requirement for having a fence around any pool; Approve of the
Outdoor Recreation Plan; Approve of an operator’s license contingent upon
completion of the required operator’s beverage training course for Stephanie
Devener;
Moved by Zahn seconded by Maas to approve of the consent agenda except for item “b”.
Motion carried upon verbal voice vote. 10 ayes

b. Moved by Wittkopf seconded by Heier to amend the draft ordinance regarding residency deleting the reference that the ordinance would apply prospectively
from Section 3 and have the ordinance take effect upon its passage and
publication according to law.
Motion carried upon verbal voice vote. 10 ayes

13. Discussion/action on:
a. Moved by Maas seconded by Young to accept recommendation from Finance and approve of the listing of accounts payables for $334,357.15; payroll for
$102,499.43 and financial reports as presented.
Motion carried upon verbal voice vote. 10 ayes

b. Moved by Heier seconded by Doeren to approve of the request from the Lena Snowmobile Club on the proposed trail for 2008-2009.
Mayor stated this was approved by the Police & Fire Commission at the 1/12/09 meeting; Heier stated the BPW also approved of the request at their meeting.
Motion carried upon verbal voice vote. 10 ayes

14. Next Committee of the Whole meeting, Tuesday, February 3rd, 2009 at 6:00 p.m.

15. Moved by Heier seconded by Schreiber to adjourn. M/C
Meeting adjourned at 6:45 p.m.

Minutes submitted by
Linda M. Belongia, Administrator