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City of Oconto

Information Regarding the City of Oconto, WI
 
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 Council minutes

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Linda
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Council minutes Empty
PostSubject: Council minutes   Council minutes Icon_minitimeThu Mar 18, 2010 8:03 am

Minutes of the Public Hearing and Regular Council meeting held on Tuesday, March 9, 2010 pursuant to notice duly given.

6:00 p.m. Fire Chief Don Phillips and members of the Oconto Fire Department recognized the three year old son of David & Melissa Floom for his actions during an early morning fire on 2/16/2010;

6:05 p.m. Mayor opened the Public Hearing on the Special Assessments for public improvements for the property located at 710 Fifth Street, parcel no. 265-32200662078 stating all objections will be considered at this hearing and thereafter the amount of the assessments will be finally determined.

Jim Stiloski stated this has been going on for sometime…Mr. Young is impeccable…this is an oversight….stated he supports Mr. Young;

Marlene Zahn asked if Randy Cain the property owner is present?

Belongia stated no.

Mayor closed the public hearing at 6:07 p.m.

Regular Council meeting.

1. Mayor called to order the Regular Council meeting at 6:07 p.m.
2. Roll call: Mayor Nerenhausen, Ed Young, Ken Exferd, John Wittkopf, Al Schreiber, Joe Stiloski, Marlene Zahn, Dick Doeren, Tom Fulton, Jim Stiloski, Jack Maas and Atty. Mraz. Linda Belongia Administrator also present and as recording present.
3. Invocation and pledge of allegiance given by Pastor Richard Fite.
4. Mayor asked that agenda items 9 (g) and (h) be moved ahead of 9 (a).
Moved by Zahn seconded by Doeren to approve of the agenda as amended.
Motion carried upon verbal voice vote. 10 ayes
5. Moved by Maas seconded by Doeren to accept the minutes as presented and place on file.
Motion carried upon verbal voice vote. 10 ayes
6. Moved by Schreiber seconded by Exferd to accept and presented and place the department reports on file.
Motion carried upon verbal voice vote. 10 ayes
7. Correspondence/public input: Copies of legislative bulletins.
8. Mayor read aloud the Consent Agenda: Adopt the County’s Library Services Plan; Post for 30 days ordinance amending the sign ordinance; Alderperson Joe Stiloski pulled the recommendation to approve of offering the full-time position of Director of Public Service to Robert J. Mommaerts, P.E. contingent that he physically moves into the city within six months; Post for 30 days ordinance amending boulevard or terrace areas; Table turning off the flashing lights on McDonald Street for more study after the summer seasons to see what happens at this intersection; Approve of CSM for Paul LeTourneau contingent that the requested changes by Mark Teuteberg be completed; Approve of CSM for Eric Schanau contingent that the requested changes by Mark Teuteberg be completed; that the city proceed with vacating the alley and having Atty. Mraz proceed with getting a release on the west 12’ portion lying north of Lamkey Street; Approve of extension to the noise ordinance to allow for music to be played until midnight 8/14/2010 for the annual Matt Pagel Memorial Scholarship Golf Outing; Place on file the report of the Board of Canvassers from the Spring Primary Election; Approve of Mayor’s appointment of Terri Berth to the Promotions Committee; Approve of Change order #1 on Contract OC-09-H Public Works Bldg renovation decreasing the contract price by $5,224.38 having the city purchase some materials saving the sales tax; Approve of renting a tub grinder at an estimated cost of $9,600 which has been budgeted in the Street Maintenance account; Approve of listing of accts payables for $1,335,949.16; payroll for $105,170.30 and financial reports as presented; Approve of applications for an operators license contingent upon completion of the required operators beverage training course; Approve of RLF loan to #2010-02 for $150,000 at 4% interest amortized over 16 years with a balloon due in three years;

Moved by Wittkopf seconded by Zahn to approve of the Consent Agenda except for agenda 8 (c).
Motion carried upon electronically recorded vote. 10 ayes

c. Alderperson Joe Stiloski questioned salary for this position; Belongia stated per ordinance the hourly rate is $41.20; Alderperson Jim Stiloski questioned benefits and hours for this position; Belongia stated Mr. Mommaerts has been fulfilling this position as a temporary employee, at 30 hrs per week at that hourly rate with benefits per previous council action; Zahn stated the recommendation from Wage & Personnel wasn’t unanimous, it was a 3 in favor 2 against;
Moved by Wittkopf seconded by Fulton to accept the recommendation and approve of offering the full-time position of Director of Public Service to Robert J. Mommaerts, P.E. contingent that he physically moves into the city within six months.
Motion carried upon electronically recorded vote.
7 ayes: Exferd, Wittkopf, Schreiber, Joe Stiloski, Doeren, Fulton and Maas.
3 no: Young, Zahn and Jim Stiloski

9. Discussion/action on:

g. Discussion on recommendation from Harbor Commission to approve of first
annual Oconto Walleye Classic Tournament 9/12/2010. Doeren stated through the Harbor Commission in past have waived launching fees and pavilion fees…now this year will start the annual Oconto Walleye Classic tournament; 1800 brochures have already been sent out; Mr. Coon from TFM Promotions was introduced…estimated this will bring in 40 to 50 boaters; Doeren stated Oconto Motel has offered lodging at $41/night and that he hasn’t gotten a call back from Ann at the Riverview; Wittkopf questioned where will the money come from to cover the expenses…stated he is in favor…but concern on where money will come from; Maas questioned the insurance liability; Atty. Mraz stated he met last week with the Harbor Commission chairperson, the Mayor, Park & Rec Director and Administrator…expressed concerns what the document dated 12/6/2009 states what the city will be required to do for this tournament; Belongia stated concerns received from insurance company; Maas stated concern on this coming directly to council, by-passing the Com of the Whole; Jim Stiloski questioned if Coon registered this tournament with the DNR? Coon stated yes; Jim Stiloski referenced Harbor Commission minutes…moving on this…agrees with Maas by-passing committees…going out in left field…referenced tournament planned for this same weekend in Escanaba; Wittkopf questioned with all the flyers out there and $200 for DNR permit, what happens if we don’t move forward….agrees with Jim Stiloski, we are getting ahead of ourselves; Maas stated we need to let this be a lesson learned…need to find the money somewhere…how much will this cost the city? Mayor stated no individual or committee can obligate the city; Zahn questioned can we hold this for a month? Doeren this is the way it’s been done in the past…referenced Park & Rec director’s new forms that now will be required before events….this tournament estimated to generate $200,000 to $300,000; Maas stated disagreement…this is something different…we are being asked to sponsor this tournament; Jim Stiloski stated he’s in agreement with the tournament 101%, but council members can’t obligate city, need to bring it to com of the whole; Wittkopf questioned the waiving of fees…launching fees…set by ordinance; Zahn questioned what is the Oconto Sportsman’s Club role in this? Jim Stiloski referenced letter from TFM dated 12/6/2009; Wittkopf questioned Dick Olson present representing the Sportsman’s Club if they would run the tournament this year…with city’s help and maybe city can take over next year; Olson stated the club has offered to help with staffing tournament; Exferd questioned what if tournament is cancelled due to rain…costs? Coon stated the tournament will not be rained out, could be cancelled due to lightning or wind…could draw names of entrants and pay out ten places; or equally divide the entry fees amongst all who paid fee; Discussion on city being required to issue prize checks…off sight; Olson stated this might be something the club could handle if it’s an issue; Discussion on insurance liability; Coon stated he has insurance on his tournaments, but not on this one as city is sponsoring it…could get insurance…estimated will cost $300, but that cost then will be added to $1,500 city will be required to pay to TFM; Maas suggested this issue be tabled until we get all information; Mayor stated we need to move forward on this…but as recommended by Atty. Mraz remove last bullet under items required by city on 12/6/2009 memo; Coon stated he doesn’t know what the misc costs would be; Wittkopf again asked Olson if Sportsman’s club would interested in sponsoring tournament in place of city? Olson stated they are willing to help with staffing; Wittkopf stated if Sportsman’s club did it this year, maybe city could look at doing it next year; Olson stated the club was asked to help, Olson stated if doing the prize checks at the tournament is a problem for the city, this might be something the club could handle if it’s an issue;

Moved by Jim Stiloski seconded by Maas to proceed with the Oconto Walleye Tournament this year and move ahead with it.

Joe Stiloski questioned will this come back to Council?

Mayor, no details will be worked out, between the City Atty., the Administrator and Harbor Commission;

Wittkopf questioned Atty. Mraz…does he need direction on this?

Zahn questioned if this is a budgeted item?

Mayor stated no.

Atty. Mraz read aloud the 12/6/2009 letter that was sent to Alderperson Doeren; recommends that the last clause under the City of Oconto responsibilities be deleted;

Moved by Alderperson Jim Stiloski seconded by Doeren to amend his motion to proceed with the process of the Walleye Tournament, working with the Sportsman’s Club and the Harbor Commission on details and having the actual contract come back to the council.

Motion carried upon electronically recorded vote. 9 ayes 1 no – Zahn.

h. Discussion on recommendation from Harbor Commission to approve of Carp
Catch & Release Tournament 5/8/2010; Atty. Mraz questioned how do you catch and release carp…are spears or bow & arrows used: Doeren stated no, there is a special technique; Zahn questioned what about waving fees for pavilion and launching fees; Maas stated if we are sponsoring how are we liable? Atty. Mraz stated we will have to obtain insurance for this…concern on city staff, as sponsor we are liable…can do it, but we are committing a lot of city staff time; Wittkopf suggested we take off the City of Oconto as sponsor; Atty. Mraz stated Harbor Commission does not have authority to waive pavilion fees; Dick Olson stated Sportsman Club will pay pavilion fees;

Moved by Doeren seconded by Zahn to remove the City of Oconto as sponsor for the Carp Catch & Release and grant approval for the 5/8/2010 tournament being sponsored by the Business Community and the Oconto Sportsman’s Club.
Motion carried upon electronically recorded vote. 10 ayes

a. Moved by Maas seconded by Wittkopf to approve of Final Resolution Authorizing the Special Assessments against the benefited property owner at 710 Fifth Street, parcel number 265-32200662078.
Motion carried upon electronically recorded vote.
5 ayes: Exferd, Wittkopf, Schreiber, Fulton and Maas.
4 no: Joe Stiloski, Zahn, Doeren and Jim Stiloski. 1 abstaining: Young

b. Moved by Wittkopf seconded by Exferd to adopt ordinance amending the
prohibited parking zones that has been posted since 2/10/2010.
Motion carried upon electronically recorded vote. 10 ayes

c. Discussion on veto by Mayor Nerenhausen pursuant to Municipal Code Sec 2-
3-2 [c] on action taken at the 2/9/2010 Council meeting accepting the
recommendation from BPW that al of Business 41 will be redone with all new
construction including the extension of Evergreen Road to Business 41;
Mayor stated he is pulling the veto wrong section of code is referenced;

Maas suggested we this return this to the Board of Public Works for
clarification on boundaries for construction area, stated he had a discussion
with the Director of Public Service and there is confusion on area…going
from city limits to city limits;

Moved by Maas seconded by Zahn to refer this back to BPW for clarification.
Wittkopf stated the original motion was to do from Doeren to the end of the
curb & gutter…that was the intent…but agrees this is not what came out of it,
agrees with sending it back to BPW;

Maas suggested we look at including up to 41 Auto…BPW can look into this;

Atty. Mraz stated he doesn’t have a problem with moving forward with the
Mayor’s veto…it’s just a transposition of numbers;

Maas and Zahn withdrew their motion.

Atty. Mraz stated if Mayor wants to withdrawn veto, then the issue is not
appropriately on the agenda for action, if veto is pulled;

Discussion.

Mayor stated he is keeping the veto on the agenda;

Moved by Maas seconded by Doeren to accept recommendation from BPW as voted on at the 2/9/2010 council meeting that all of Business 41 will be redone with all new construction including the extension of Evergreen Road to Business 41.
Motion denied upon electronically recorded vote.
1 aye: Jim Stiloski. 9 no: Young, Exferd, Wittkopf, Schreiber, Joe Stiloski, Zahn, Doeren, Fulton and Maas.

Mayor stated his veto was sustained.

d. Moved by Zahn seconded by Doeren to approve of request from Airport Commission to support as the county board did on the airport commission acquiring land from the WisDOT.
Motion carried upon electronically recorded vote. 10 ayes

e. Mayor stated this amendment would change any reference in Chapter 12 from Board of Public Works and Director of Public Services to the Park & Recreation Committee and Park & Rec Director.
Moved by Wittkopf seconded by Exferd to approve of posting for 30 days amendment to ordinance under Parks & Navigable Waters Section12 to change any reference within this section from Director of Public Service to Park & Recreation Director.
Motion carried upon electronically recorded vote. 10 ayes

f. Moved by Doeren seconded by Schreiber to approve of recommendation from Harbor Commission and approve of Change Order #3 for McMullen & Pitz in the amount of $12,925.75.

Maas questioned the legality of city doing purchases on our projects to save paying sales tax; Atty. Mraz stated his recommendation is we are complying;
Jim Stiloski questioned legality of doing this; Mayor stated that is what change orders are for;

Motion carried upon electronically recorded vote. 10 ayes

i. Moved by Maas seconded by Fulton not to have a Com of the Whole meeting on 4/6/2010, as this will be the Spring General Election.
Motion carried upon electronically recorded vote. 10 ayes

10. Moved by Wittkopf seconded by Exferd to adjourn. M/C
Meeting adjourned at 7:29 p.m.

Minutes submitted by
Linda M. Belongia,
Administrator
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