Com of the Whole Mts 9/7/2010

Minutes of the Committee of the Whole meeting held on Tuesday, September 7th, 2010 pursuant to notice duly given.


1. Meeting called order at 6 p.m. by Mayor Fulton.
2. Roll call: Mayor Fulton, Ed Young, Roger Reed, John Wittkopf, Al Schreiber, Joe Stiloski, Marlene Zahn, Dick Doeren and Jack Maas. Excused: Jim Stiloski. Also present: Atty. Calvert and Linda Belongia Administrator and as recording secretary.
3. Moved by Wittkopf seconded by Zahn to approve of the agenda as presented.
Motion carried upon verbal voice vote. 8 ayes
4. Public Appearances/correspondence: Letter of appreciation from Jerome Finn for brush clean up by city crew; Tentative 2010 construction schedule; Correspondence from Charter; League bulletin; minutes from previous month’s meetings;

Mayor informed committee members of Cruiser’s dealer meeting this weekend, has been meeting with them…they would like participation from city officials…asked any interested alderperson to please let him know;

Steven D. Anderson, 235 Pecor & Broadway present to request that he be allowed to continue parking as he has been for the past 4.5 years; Mayor questioned how many vehicles currently park in this area? Anderson stated three, but one will be moved; Mayor stated he discussed Anderson’s request with Bob Mommaerts and as long as Mr. Anderson does not violate any ordinances he can continue parking as he has been; Anderson stated with the curb they want to put in, will loose this parking; Mayor stated he will take concerns and meet with Mr. Mommaerts and get back to Mr. Anderson; Wittkopf stated at the BPW meeting Mr. Anderson requested mountable curb from the driveway to where the other curb & gutter will be….with snowplowing, we can’t do this…issue with snowplowing will be with either type of curb…was told at the meeting to drive up his driveway and continue parking as he has been; Mr. Anderson stated he spoke with Mr. Mommaerts about this and was told he can’t do that;

5. Discussion/recommendation on:
a. Tax exempt properties: Mayor stated the finance committee discussed this issue and will have it on their November agenda; Wittkopf questioned why do we keep tabling this? Maas stated Atty. Calvert brought to the committee some information…the list of tax exempt properties is high…finding things as we move forward….looking at who may we charge and can’t…do we want to charge city properties…Maas invited anyone who wants can, to attend the finance meetings to discuss this issue; Wittkopf stated we’ve always had the list; Mayor stated we’re looking for other precedents…the League has no procedures in place…need to address this in a fair and equitable manner…process painfully slow, but we are moving forward; Wittkopf stated generating this revenue will help the tax base; Atty. Calvert agreed, but this will be a hard issue, when that list gets sent out, stating this is what you are being asked to pay, we will have a roomful; Wittkopf questioned if it’s legal to charge for these services? Atty. Calvert stated yes; Maas questioned, does it make sense to charge city properties?

b. Moved by Maas seconded by Zahn to accept recommendation from Finance and recommend to Council approval of line item transfer as requested by the Airport Commission from the revenue generated from the sale of sand to 202-53510-231 to cover the budget deficit for the new gate.
Motion carried upon electronically recorded vote. 8 ayes

c. Moved by Doeren seconded by Maas to accept recommendation from Finance and recommend to Council approval of the agreement for engineering services for the Smith/Brazeau conceptual plan between the City of Oconto and Robert E. Lee & Associates, Inc.
Motion carried upon electronically recorded vote. 7 ayes 1 no – Joe Stiloski

d. Moved by Wittkopf seconded by Schreiber to accept recommendation from Finance and recommend to Council applying to the tax roll charges for 421 Erie Avenue of $200.00.
Motion carried upon electronically recorded vote. 8 ayes

e. Mayor stated the Finance Committee will be meeting on budgets on 9/15/2010 beginning at 8:30 a.m.

f. Moved by Doeren seconded by Schreiber to accept recommendation from Finance and recommend to Council approval of the listing of accts payables for $585,642.52; payroll for $212,326.27 and financial reports as presented.
Motion carried upon electronically recorded vote. 8 ayes

g. Moved by Wittkopf seconded by Reed to accept recommendation from Board of Public Works and recommend to Council approval of a no parking zone along both sides of Broadway Avenue from Bridge Street to Frank Street west side of tracks and from Bridge Street to 132’ south of Frank Street on east side of tracks.
Motion carried upon electronically recorded vote. 8 ayes

h. Moved Zahn seconded by Doeren to accept recommendation from Board of Public Works and recommend to Council approval of closing Pecor Street from Superior Avenue to Water Street on 9/25/2010 for Harvest Festival.
Motion carried upon electronically recorded vote. 8 ayes

i. Moved by Wittkopf seconded by Maas to accept recommendation from Board of Public Works and recommend to Council proposed sidewalk program for southeast side to be completed in 2010. Upon approval proceed with bidding and based on cost, the bids can be accepted or rejected. The new sidewalk on the east side of Scherer Avenue from Fourth Street to Seventh Street is included in the Safe Routes to School grant application.
Maas questioned this work being done before the freezing weather starts? Mayor stated he spoke with Bob Mommaerts on this and the work should be able to be completed before bad weather.
Motion carried upon electronically recorded vote. 7 ayes 1 no – Joe Stiloski

j. Discussion on draft from Atty. Calvert revising ordinance regarding Wisconsin’s new smoke-free law; Atty. Calvert stated this amendment is what many municipalities are adopting to better clarify the definition as to an “enclosed place”; draft is a better clarification per the League; any fines generated would fall under municipal citations;
Moved by Maas seconded by Schreiber to recommend to Council the posting of the draft ordinance by Atty. Calvert clarifying Wisconsin’s new smoke-free law.
Motion carried upon electronically recorded vote. 8 ayes

k. Moved by Maas seconded by Doeren to approve of request from Keystone Development for extension on offer to purchase from 9/30/2010 to 1/31/2011.
Wittkopf questioned why extend the closing date? Mayor stated he spoke with Mr. Schultz…issue with power lines and a few other things; Wittkopf stated again, why does the closing date have to change? Schreiber stated the developer has increased the size of the lot, will we receive more money and will we have a reversionary clause….make sure these items are looked at;
Motion carried upon electronically recorded vote. 7 ayes 1 no – Wittkopf

l. Mayor stated during discussions, have talked about extending Evergreen Road to Business 41, but during the public hearing for this project the issue wasn’t discussed nor were any affected property owners notified of the public hearing; discussing this with Bob Mommaerts some surveying has been, have some glitches….proposed road may not be quite as wide as thought….can be done though….will need a public hearing for the assessments; Maas stated will this project require extra funding…or can our city crew do the work…but then was told that with contractor coming in, have them do the work; Mayor agreed; Maas stated disappointment now that this area wasn’t included in bid; Mayor agreed, thought through the whole process this area was to be included…can get costs and bring back to next week’s meeting; Young agreed with Maas, discussion was held on this and also on possibly closing Cook Avenue…but we have some residences in this area, can’t close Cook; Mayor stated we are not doing anything with Cook from Evergreen south to Charles;
Moved by Maas seconded by Doeren to direct Mayor Fulton to get costs and details whether it’s feasible to do this area with the 2010 projects.
Motion carried upon verbal voice vote. 8 ayes

m. Mayor stated the ATV Club has offered to take over the maintenance of the three city logo signs and area around them.
Moved by Zahn seconded by Wittkopf to recommend to Council approval of the request from the ATV Club to take over the care and maintenance of the three city logo signs.
Wittkopf questioned if we need county permission to do this? Atty. Calvert stated the city holds the leases with the property owners where the signs are.
Motion carried upon electronically recorded vote. 8 ayes

n. Moved by Joe Stiloski seconded by Schreiber to approve and recommend to Council the following an operators license contingent upon completion of the required operators beverage training course: Jamie Weigelt, Betty Jo Bickel, Tracey Bostedt, Katie Geurts, Kayla Pagel and Emilie Duffy; also a Temp Class B license to the Cry Baby Club for 9/18/2010 for the City Docks.
Motion carried upon electronically recorded vote. 8 ayes

o. Moved by Schreiber seconded by Wittkopf to accept recommendation from Wage & Personnel and create and assign the position of webmaster to our Park, Recreation & Forestry Director, Kale Proksch.
Motion carried upon electronically recorded vote. 8 ayes
p. Mayor stated the ordinance amending the position of city attorney was tabled at committee.

q. Moved by Wittkopf seconded Schreiber to accept recommendation from Wage & Personnel and recommend to Council approval of amending the salary ordinance for elected and non union officials.
Motion carried upon electronically recorded vote. 7 ayes 1 no –Joe Stiloski

6. Moved by Maas seconded by Doeren to the September Council meeting from Tuesday, September 14th, to Thursday, September 16th, due to having to hold a public hearing on the proposed amendments to the Floodplain Zoning Ordinance as required by FEMA.
Motion carried upon electronically recorded vote. 8 ayes

7. Moved by Zahn seconded by Schreiber to adjourn. M/C
Meeting adjourned at 6:39 p.m.

Minutes submitted by
Linda M. Belongia,
Administrator