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

e. Moved by Maas seconded by Wittkopf to talk to county and encourage them to schedule construction of S.T.H. 22 for 2009.
Discussion on recommendation from BPW to schedule construction of
S.T.H. 22 for 2009; Mayor stated because we’re not going to change hwy
22 to make park area and walking trail, and then the county is going to do
whatever they want with 22 and the JT funds from the state; discussion
city should encourage county to do the work in 22 along with state
completing DOT project… if this is delayed to 2010 and we’re doing
Brazeau Ave all entrances to the city will be under construction;
Lacourciere stated to redo the road is understandable but where will the
funds come from for the laterals? Mayor stated that will be a utility cost;
9 ayes
Zahn asked for repeat of the question; hearing the motion read Zahn voted aye. 10 ayes

f. Moved by Wittkopf seconded by Lacourciere to accept recommendation from BPW to approve of request from Copperfest Committee to close:
1. Monroe St from Arbutus to Park, June 12, 13 & 14, 2009
2. Arbutus St from Madison to Quincy on June 12, 13 & 14, 2009
3. Madison St from Park to Arbutus June 12, 13, & 14, 2009
4. North side of Pecor from Ontario to Farnsworth, Farnsworth Ave from Pecor to Chicago, Main from Chicago to Park & Park from Main to Madison on June 13th for the parade.
Zahn questioned if this was the same closures, as done last year? Mayor
stated yes.
Motion carried upon verbal voice vote. 10 ayes

g. Moved by Zahn seconded by Wittkopf to accept recommendation from BPW and OUC to adopt policy in reference to Assembly Bill AB1 as supported by the League of Wisconsin Municipalities to support Wisconsin based purchases of products and services by a municipality.

Atty. Mraz stated he has reviewed what is being suggested… referencing the BPW minutes… asked for clarification of what the intent of the motion is… if it’s restricting bids… limiting to Wisconsin corporation… his opinion is this will not comply with the state law… stressed concern to the committee members to be aware we were involved with an out of state contractor… if this is the intent of the motion than we may have to have a discussion in closed session; Atty. Mraz stated in reviewing the proposed AB1… feels it is not the intent to limit to Wisconsin corporations… again asked for clarification from BPW and OUC if intending to bid with this clause in the bid notice? Schreiber stated that was how it was explained at the OUC meeting; Maas stated why would we restrict a low bidder from Michigan or Illinois?
Motion withdrawn by Zahn and Wittkopf.

Atty. Mraz again referenced the BPW minutes… doesn’t suggest council do what they are asking… will open us up to litigation;

Moved by Zahn seconded by Schreiber to refer the motion back to BPW and OUC so that Atty. Mraz can meet with these committees and explain AB1.
Motion carried upon verbal voice vote. 10 ayes

h. Moved by Lacourciere seconded by Wittkopf to deny recommendation from IDC and leave Cook Avenue as is.
Maas stated in time we may have to more the road;
Motion carried upon verbal voice vote. 9 ayes 1 no – Doeren

i. Moved by Lacourciere seconded by Stiloski to accept recommendation from Finance and deny creating a non-lapsing acct for the revenue received from the adult league activities to help offset the expenses associated with running these activities.
Motion carried upon verbal voice vote. 10 ayes

j. Moved by Doeren seconded by Maas to accept recommendation from Finance and recommend to Council approval of the listing of accounts payables for $1,125,192.72; payroll for $106,571.72; and financial reports as presented.
Motion carried upon verbal voice vote. 10 ayes

k. Report from Atty. Mraz on procedure for vacating of alleys; Atty. Mraz stated city has several ways to vacate which are all statutory… what Council has commonly followed is that we have initiated the action, sending out the notices, scheduling the public hearing, qualifying any objectors; and even with objectors, Council can still approve with a 2/3 vote; Atty. Mraz stated we can’t change the law, have to follow the statute on procedures if we want to vacate; Atty. Mraz stated an abutting property on a discontinued alley whose property is damaged by the discontinuance could potentially file a claim against the city for damages if the vacating is approved; Lacourciere questioned if there is anything in the statute for maintenance of an alley? Atty. Mraz stated no, suggesting that we keep the alley’s in a way so that they are minimally maintained….could special assess and special charge the abutting property owners of the alley for maintenance and costs; Wittkopf questioned, as we already had the public hearing what is the procedure now; Atty. Mraz sated the Council can initiate a request to vacate this particular alley even though you’ve already denied it;

l. Moved by Stiloski seconded by Schreiber to recommend Council approval of the Resolution regarding the 2010 Census.
Motion carried upon verbal voice vote. 10 ayes

m. Mayor recommended that Kathy Hayes representing the business community; Pastor Craig Alwin represents the faith community; Marlene Zahn representing the media and himself representing the council as the community organization to the Complete Count Committee for the 2010 Census. A representative for education must still be appointed.
Moved Stiloski seconded by Schreiber to accept Mayor’s recommendation and recommend these appointments to Council for approval.
Motion carried upon verbal voice vote. 10 ayes

Mayor stated Bill Draeger will represent the Town of Oconto and Rose
Stellmacher will represent the Town of Lt. River on the Complete Count Committee to representing the surrounding townships. We haven’t heard back from the Town of Pensaukee as of yet.

n. Moved by Wittkopf seconded by Heier to recommend approval to Council of a Temp Class B license to Holy Trinity Parish for the annual smelt fry on 3/27/09.
Motion carried upon verbal voice vote. 10 ayes

o. Moved by Stiloski seconded by Lacourciere to accept recommendation from the Industrial Development Commission and recommend the same to Council to approve of request from Carl and Angela Liegeois to grant an extension on the property they purchased from the city that required a bldg of 40’ x 60’ be built by 10/31/2009 to 10/31/2011 and that the size of the new bldg be reduced to 30’ x 40’ with possibility of adding on to that bldg at a later time.
Motion carried upon verbal voice vote. 10 ayes

p. Discussion on recommendation from IDC regarding draft of the proposed restrictive covenants for the highway commercial and general industrial zoned districts for the City of Oconto; Exworthy stated the property owners in these areas should be allowed to review and comment or question what is being proposed;

Moved by Exworthy seconded by Lacourciere to schedule a public hearing or open house to allow for public comments on the proposed covenants.

Atty. Mraz stated he has no problem with the content… will have to have this document incorporated into our city code; document has the flavor of a zoning ordinance… will have to incorporate into the zoning code… this draft is being provided to the committee of the whole for comments; Exworthy stated property owners in these areas should be given notice of proposed draft.

Motion carried upon verbal voice vote. 10 ayes

q. Recommendation from OUC to proceed with bidding out for Michigan Avenue construction project for 2009.
Stiloski questioned if this was a budgeted item? Mayor stated yes and as we’re not doing Cook can do this area; Maas questioned if we are doing Michigan just to spend the money? Reference made to the 5 year capital improvement plan provided in packets;

Moved by Schreiber seconded by Wittkopf to recommend to Council to proceed with bidding out for the Michigan Avenue project for 2009.
Motion carried upon verbal voice vote. 10 ayes

6. Mayor stated the Committee of the Whole may vote to convene into Closed
Session pursuant to notice duly given and as allowed by Wis. Stats. 19.85(1) (e)
and (g) for discussion on RLF # 08-08 and #05-02.
Moved by Exworthy seconded by Wittkopf to convene into Closed Session at 7:20
p.m.
Motion carried upon verbal roll call vote. 10 ayes


Closed Session


7. Moved by Wittkopf seconded by Heier to reconvene into Open Session at 7:39
p.m.
Motion carried upon verbal voice vote. 10 ayes

Moved by Wittkopf seconded by Schreiber to recommend to Council to proceed
with refinancing RLF 05-02.
Motion carried upon verbal voice vote. 10 ayes


8. Moved by Schreiber seconded by Zahn to adjourn. M/C
Meeting adjourned at 7:40 p.m.

Minutes submitted by
Linda M. Belongia,
Administrator