Special Council meeting minutes from 1/21/09

Minutes of the Special Council meeting held on Wednesday, January 21st, 2009 at city hall pursuant to notice duly given.

1. Meeting called to order at 6:03 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 Alderperson Wittkopf.
4. Moved by Zahn seconded by Lacourciere to approve of the agenda as presented.
Motion carried upon verbal voice vote. 10 ayes
5. No correspondence or public input.
6. Discussion on Offer to Purchase from Keystone Development. Belongia stated three additions that Atty. Mraz is suggesting to the proposed offer have been discussed with the developer, Mr. Schultz and he has agreed to include them in his offer to purchase on Lines 54 to 57: Property conditions representations that the Seller represents to the Buyer that as of the date of acceptance Seller’s acknowledge of the property condition has been provided to you by a complete copy of the Phase 2 Environmental Site Assessment (ESA) and Site Investigation Report (SIR) dated November 2007 which was prepared for the City of Oconto by Ayres Associates; on Line 17: If construction of a housing development as proposed is not completed by Keystone Development LLC, and/or Assigns, within twelve months (12) with a possible extension upon request, the property will revert back to the Grantor upon payment by the Grantor of the purchase price of Forty thousand ($40,000) to the Grantee; and added to the Addendum that Buyer recognizes that there is a reversionary restriction on the property prohibiting a listing of fast food restaurants on the property.

Schreiber questioned what is the incentive for the developer to complete the
proposed development…with reversionary clause we developer has 2 yrs to sit on
property then if he decides to walk away we pay him back the $40,000; Maas
stated the reversionary clause is for up to 12 months; Mayor agreed with
Schreiber, we can start something like that on next property we sell, can’t bring
this in now on this offer; Exworthy questioned the offer having a closing date up
to September 15th….and is a secondary offer included? Atty. Mraz stated no;
Zahn questioned will earnest money be paid; Mayor stated yes; Wittkopf
questioned costs of utilities; Maas stated have we considered bringing the utilities
from Evergreen, which has a large main; Mayor stated he would check with Bob
Mommaerts, we will use whatever way is cheapest; Stiloski questioned the
Railroad right of way; Mayor stated the former Bond/Kelly, now city bought 25
feet of right of way; Young questioned east end….sight almost to Evergreen;
Maas stated this can be looked at; Zahn questioned developer why the proposed
site plan shows 18 stalls underground when this project will have 24 units?
Developer stated this is typical, not everyone may have a car…will also be
available surface parking areas; Young questioned how old the utilities are on
Cook Avenue? Wittkopf stated in today’s Reporter there are five ads for
available housing units…don’t see the need for this type of development; Maas
stated he has not heard anything negative about this project…stated he received a
call from Carl Zimanek who asked Maas to be supportive of this
development…stated he and his wife are very interested…they currently live in
their sons duplex….but can’t do the necessary things outside, etc., would be very
interested in this development;

Moved by Maas seconded by Lacourciere to accept the offer to purchase from Keystone Development, LLC and/or assigns for approx 1.5+ acres for $40,000.00 with addition of three items: Lines 54 to 57: Property conditions representations that the Seller represents to the Buyer that as of the date of acceptance Seller’s acknowledge of the property condition has been provided to you by a complete copy of the Phase 2 Environmental Site Assessment (ESA) and Site Investigation Report (SIR) dated November 2007 which was prepared for the City of Oconto by Ayres Associates; on Line 17: If construction of a housing development as proposed is not completed by Keystone Development LLC, and/or Assigns, within twelve months (12) with a possible extension upon request, the property will revert back to the Grantor upon payment by the Grantor of the purchase price of Forty thousand ($40,000) to the Grantee; and added to the Addendum that Buyer recognizes that there is a reversionary restriction on the property prohibiting a listing of fast food restaurants on the property.
Motion carried upon verbal roll call voice vote:
6 ayes: Heier, Stiloski, Zahn, Doeren, Lacourciere and Maas. 4 no: Young, Wittkopf, Schreiber and Exworthy.

7. Moved by Zahn seconded by Heier to adjourn. M/C
Meeting adjourned at 6:22 p.m.

Minutes submitted by
Linda M. Belongia,
Administrator