Part 2 of the Com of the Whole minutes from 2/3/09

Minutes from the 2/3/09 Com of the Whole meeting, PART 2

8 ayes: Young, Heier, Wittkopf, Schreiber, Zahn, Lacourciere, Exworthy and Maas. 1 no: Stiloski and 1 absent: Doeren.

c. Discussion on recommendation from BPW on proposal from DMK, Inc for crushing at $4.03/cubic yard/$3.10/ton;
Maas stated he thinks this is $1.00/yd more than last year…questioned if we really need to have this crushed? Wittkopf sated we saved $60,000 to
$70,000 on crushing; Maas questioned do we have to have it done…could
we re-bid at a later date? Wittkopf stated he’d have to check with Bob
Mommaerts on this; Mayor stated we will use it for our projects.
Motion carried upon verbal voice vote.
8 ayes 1 no – Stiloski and 1 absent – Doeren

d. Discussion on BPW recommendation to change policy regarding vacating of alleys; Mayor stated the BPW wants the policy changed to vacate
streets; Maas stated it should be vacated if the majority of property
owners affected want it closed; Heier stated if we keep the alley open two people will be putting garage doors in…city will have to maintain
alley…a lot of issues from BPW on maintaining; Atty. Mraz stated we
can’t change the state law on procedure for vacating…council had a public
hearing and voted not to vacate; can be brought back; Heier stated if
homeowners object; Atty. Mraz stated the statutes allow for process on
vacating; Schreiber questioned what is on the books as to how we have to
maintain an alley…do we have to gravel or plow them? Wittkopf stated at
the BPW meeting discussion was that we should go with what the majority
wants…we don’t get any state aid revenue for alleys; Maas stated if one
person objects….we can’t close the alley; Atty. Mraz stated there are a
couple of difference ways to do it….can come back to council; statute has a method to close even with objections; Viki Bostedt stated nothing has
changed since the public hearing on the vacating; WPS still needs
access….she still needs alley to access her back yard and
basement…doesn’t want neighbors to pay a user fee…if the majority of
the neighbors want the alley closed she will be the bigger neighbor and go
along with it; Maas asked if Atty. Mraz will come back to the March Com of the Whole meeting with a report on how to proceed on this; Atty. Mraz stated council can bring the petition forth to vacate an alley; Schreiber
questioned what if WPS needs to get to their equipment; Heier stated he
put a fence across alley…understands if WPS needs to service their
equipment they will take the fence down and Heier will be responsible for
putting it back up;

Moved by Maas seconded by Schreiber to refer this to the March Com of the Whole for a report from Atty. Mraz.

Atty. Mraz read aloud sections of the statute on the process for vacating.

Motion carried upon verbal voice vote. 9 ayes

e. Mayor presented recommendation from Forestry Committee to amend ordinance regarding the planting of trees; Schreiber questioned will city
buy back his interest in the trees he paid for….he now has
control….referenced trees cut down last summer…people upset; Wittkopf
questioned who will do the work? Mayor BPW will and it will be charged
to the forestry budget….stated Jeremy Wusterbarth has been attending the
training on tree trimming; Mayor stated they will be working with BPW; Maas stated concern on who will be doing the work should be in the
ordinance; Schreiber stated BPW has been doing a good job trimming the trees;

Moved by Schreiber seconded by Wittkopf to recommend to Council approval of the draft ordinance amending Sec 6-4-6 on the Planting of
Trees.
Motion carried upon verbal voice vote. 9 ayes

f. Moved by Zahn seconded by Exworthy to recommend to Council approval of amending Sec 2-3-5 for the Director of Public Services.
Motion carried upon verbal voice vote. 9 ayes

g. Moved by Maas seconded by Schreiber to refer to the next Com of the Whole meeting the letter from Betty Wagner stating she is interested in
developing on the Kelly Pickle property for more information.

Maas stated letter is opening the conversation…we are receptive to her coming, need more information.

Viki Bostedt stated she believes in Oconto…understands Mayor has been
asking for idea’s for developing this property…referenced our downtown
project…refuses to believe we can’t find developers…with careful
planning…do we need another gas station; another senior housing…two
banks now vacant…referenced lot between Pamida;

Maas stated we will get more info for the March Com of the Whole meeting.
Motion carried upon verbal voice vote. 9 ayes

h. Mayor stated Jones Sign is the contractor for bldg the community sensitive design signs under the DOT hwy project…they contacted the Mayor and
want permission to advertise the City of Oconto at no costs on a billboard
sign to be placed by the Abrams Shell Station; City of Oconto ad will be
free, they will sell remaining advertising space on this sign; Exworthy
questioned moratorium by the county on signs? Mayor stated it will be up
to Jones to get all the permits, etc; Atty. Mraz stated he doesn’t believe
that moratorium is in place anymore; Wittkopf questioned how long will
it be at no costs….Mayor stated no charge to city as long as Jones keeps city up…for as long as they want;
Exworthy questioned wording under logo…correct spelling;

Moved by Wittkopf seconded by Lacourciere to recommend to Council to approve of the billboard sign as proposed from Jones Sign to be placed at
the Abrams Shell Station.
Motion carried upon verbal voice vote. 9 ayes

i. Moved by Maas seconded by Young to recommend to Council approval of refinancing and restructuring the 12/14/2004 Waterworks and Sewerage
System Revenue Bond Anticipation Notes and the 5/15/07 Waterworks &
Sewerage System Revenue Bond Anticipation Notes.
Motion carried upon verbal voice vote. 9 ayes

j. Moved by Maas seconded by Lacourciere to accept recommendation from
Finance and recommend to Council the write off of the special assessments charged against 212 Turner Avenue and 1429 Main Street in
the amount of $11,529.49 as the county sold these lots at a loss.
Motion carried upon verbal voice vote. 9 ayes

k. Moved by Wittkopf seconded by Heier to accept recommendation from
Finance and recommend to Council approval of the listing of accts payables for $413,677.67; payroll for $168,776.14; and financial reports
as presented.
Motion carried upon verbal voice vote. 9 ayes

l. Moved by Heier seconded by Schreiber to approve of applications for an operators license contingent upon required training course and application
for a Temp Class B license.
Motion carried upon verbal voice vote. 9 ayes


7. Moved by Wittkopf seconded by Exworthy to convene into Closed Session at 7:35 p.m. pursuant to notice duly given and allowed by Wis. Stats.
19.85(1) (e), (g) for discussion on recommendations from IDC on #05-02 &
#08-01.
Motion carried upon verbal roll call vote. 9 ayes
Closed Session
8. Moved by Wittkopf seconded by Schreiber to reconvene into Open Session at 7:55 p.m.
Motion carried upon verbal voice vote. 9 ayes

9. & 10. Moved by Maas seconded by Exworthy and accept recommendation
from IDC on RLF # 05-02 & RLF # 08-01.
Motion carried upon verbal voice vote. 9 ayes

11. Moved by Heier seconded by Wittkopf to adjourn. M/C
Meeting adjourned at 7:56 p.m.
Minutes submitted by
Linda M. Belongia, Administrator