Public Hearing & Council Minutes 6/14/2011

Minutes of the Public Hearing and Regular Council Meeting held on Tuesday, June 14th, 2011 pursuant to notice duly given.

Mayor called the public hearing to order at 5:00 p.m. to act on the appeal submitted by Chris Augustine on the Conditional Use Permit granted by the Plan Commission on July 6th, 2010 and renewed again on April 12th, 2011, to the Oconto Yacht Club (OYC). The conditional use permit granted the Oconto Yacht Club which is zoned recreational to allow not more than three campers or motor homes by members to be parked at the Oconto Yacht Club from April 1st to October 31st. Any and all persons for or against will be heard.

Chris Augustine stated at last meeting he referenced bad blood between his family and the OYC, apologized for that; tried reaching out last year; tried ironing out, tried talking to the commodore; spoke with Sue Lawrence, told her he was not in favor…no phone call; called Mayor, no return call; wrote letter, was a bit emotional; Augustine stated Ken Altergott was to be here; allowing motor homes sets bad precedent; operational control OYC may need to prove; Club members change, boater out of a lot of marina’s; allowing campers etc; this leads to party pits; Augustine stated the creep factor takes on a life of its own…referenced again operational control; boats on cradle, broader term fits someone living on boat; referenced Suamico wind jammers and Green Bay Yacht Club; council needs to prohibit campers here; city doesn’t do a good job of enforcement; denial of the conditional use permit may turn OYC into a better club; every boat, etc is a multi-family unit at the OYC; Augustine stated he wants no tents/campers and restoration of driveway…strict guidelines on living on;

Gene Lawrence stated Augustine talked to someone who isn’t a voting member, his wife Sue Lawrence…taking that and making it sound like this is the club’s philosophy;

Augustine stated that is what he was told;

Gene Lawrence stated he has been a member of the OYC for 39 years…referenced a party club had, Augustine was invited last to leave…what is this bad blood?

Ed Whealon, member for 11+ years, is here representing the OYC; club was incorporated in 1947 and was operational before that; have 37 members and families…zoning allows for campers and motor homes; club developed rules and regulations for members to follow; Whealon stated Augustine doesn’t even live in the city; Council needs to recognize: original conditional use permit has not changed; never violated conditions; OYC does not allow more than 3 campers; do not want the OYC to become a campground; seasonal or weekend camping is only for OYC members who have a boat in the water and rent a slip; OYC is asking for renewal of the conditional use permit.

Zahn questioned if the OYC is paying for sewer;

Mayor stated he doesn’t want to discuss bad blood…stated he chairs the Plan Commission, rather deal with issues coming to the Plan Commission etc so things are on record; OYC came to the Plan Commission, ten years from now could be a mute point…asking for renewal of conditional use permit as recommended by the Plan Commission; Mayor stated the recreational zoning allows for what they are doing, three motor homes and what is outlined by OYC…they came in with more restrictive guidelines; no collusion, no different than Hi-Seas; couple wks ago Mayor and Bob Mommaerts, city engineer walked the OYC property…everything goes through the system;

Jim Modl neighbor stated he has no objection on OYC request;

Schreiber stated purpose of conditional use permit has guidelines they must follow; boaters bring in money, is in favor of granting permit…we have control over;

Zahn stated who polices?

Mayor stated building inspector and police;

Schreiber stated…normal process;

Zahn stated someone is letting someone stay in their yard in a camper;

Mayor stated we will look at the conditional use on a yearly basis, we know what we’ve allowed;

Debbie Viestenz asked how many recreational areas are zoned as such in the city.

Bill Borah stated he is a neighbor and has lived there for 33 years and has no problem with OYC and three motor homes…no problem;

Augustine stated he is against the conditional use permit…wrong path…setting precedent;

Whealon referenced comment about party barge…we are all to old to be doing this…this is a conditional use, even if permanent and violated, can be revoked;

Wittkopf questioned why not go to the campground?

Whealon stated we don’t want to be a campground, more than three motor homes would require certain licensing by the state;

Stiloski questioned how does the OYC monitor the three sites?

Whealon stated we have a sign up sheet;

Berth questioned if a member of the OYC could take one of the three for the entire season April 1st to October 31st?

Whealon stated these three sites are for club members; have to have a dock and a boat in the water;

Stiloski questioned the 400 amp service;

Whealon we are waiting on WPS for this;

Schreiber stated it is up to the OYC to monitor;

Moved by Maas seconded by Schreiber to close the Public Hearing at 5:45 p.m.
Motion carried upon verbal voice vote. 10 ayes

1. Mayor Fulton called to order the Regular Council meeting at 5:45 p.m.

2. Roll call: Mayor Fulton, Ed Young, Roger Reed, John Wittkopf, Joe Stiloski, Marlene Zahn, Dick Doeren, Terri Berth, Joe Paluch, Jack Maas and Atty. Calvert. Also present: Jack Mlnarik, Fire Chief and Linda Belongia Administrator and as recording secretary.

3. Invocation and pledge of allegiance given by Alderperson Young.

4. Mayor asked for an amendment to the approval of the agenda moving item 9a before the Consent Agenda.
Moved by Maas seconded by Doeren to approve of amending the agenda to move 9a before the Consent Agenda.
Motion carried upon verbal voice vote. 10 ayes

5. Moved by Wittkopf seconded by Schreiber to approve of the minutes and place on file as typed from the Com of the Whole, Council and any Special Council meetings.
Motion carried upon verbal voice vote. 10 ayes

6. Moved by Zahn seconded Schreiber to approve of the department reports as presented and place on file.
Motion carried upon verbal voice vote. 10 ayes

7. Correspondence/public input: League bulletins; Victoria Bostedt addressed stating around Nov of last year when we received the Rustic Road designation, she was approached on putting back into place a Spring Pick-up; Bostedt went to BPW meeting, would coincide with beautification of Oconto; many of our neighbors are organizing Spring Clean-up; referenced some area clean-ups…realize budget restraints…our residents pay taxes, buy blue bags…asking for reconsideration of funding this at budget time; Mayor suggested Bostedt go back to BPW and get a recommendation from them for budgeting.

9a. Deliberation and decision by Council on appeal submitted by Chris Augustine regarding
conditional use permit for the Oconto Yacht Club.
Moved by Paluch seconded by Maas to renew the conditional use permit for the OYC.
Upon electronically recorded vote result was 6 ayes: Young, Schreiber, Stiloski, Doeren, Paluch and Maas. 4 no: Reed, Wittkopf, Zahn and Berth.

Atty. Calvert stated per our ordinance we need a 2/3 vote to affirm or denying the action of the Plan Commission; can’t leave as is, puts issue in limbo; Maas stated we need to have further discussion; Atty. Calvert stated someone who voted against, can any questions be answered?
Wittkopf stated this is spot zoning; Mayor stated the zoning allows for the conditional use permit; Wittkopf stated anyone zoned recreational, this sets precedent; Schreiber stated an applicant needs to meet the criteria for a conditional use permit…referenced the Governor’s house on Main Street…conditional use is an area already zoned should not be a problem…never knew of any problem; Wittkopf granting issue is a problem; Mayor stated ordinances are guidelines to work within; Whealon stated this discussion should have come out last year; Maas stated we have a unique situation…rules and regulations…no problem in not extending; Zahn questioned Hi-Sea’s Marina; Schreiber referenced OYC; Atty. Calvert stated Hi-Seas Marina is a for profit…OYC isn’t; Maas stated sees no problem asking for extension on conditional use permit; Mayor stated we’ve already granted the permit…OYC has done everything; Schreiber stated we have to look at each situation;

Moved by Maas seconded by Maas seconded by Schreiber to accept recommendation from Plan Commission and approve of renewal of the conditional use permit.
Upon electronically recorded vote result was 6 ayes: Schreiber, Stiloski, Doeren, Berth, Paluch and Maas. 4 no: Young, Reed, Wittkopf, and Zahn.

Discussion on what is rule on vote. Atty. Calvert stated according to city ordinance need 2/3 vote to affirm or 3 to reverse; Maas state we are voting on appeal Augustine has filed; Atty. Calvert stated we need a motion to deny appeal, reference city ordinance…affirm or reverse; Maas stated we’re sitting in limbo; Atty. Calvert agreed, we need 2/3 to affirm or reverse; Schreiber stated we need to revolve issue...reference comments by Mr. Lawrence…Mr. Augustine chose not to live here anymore…to allow conditional use can’t understand why we are denying it; Berth stated she changed her vote, treated individually on basis…the record will show the discussion and conditions of the permit; Mayor stated an extraordinary amount of work by this organization has been done…everyone wanting to do same thing; Zahn stated this will mean three less campers at our campground; Wittkopf stated everyone zoned as OYC should be given same opportunity; Schreiber stated if golf course wanted same thing they would have to apply for a conditional use permit…precedent has been done…should not even be looking…; Maas stated the permit has strings attached through the Plan Commission; Schreiber comparing conditional use to variance…a variance is permanent; Reed referenced May 1st and violation of motor home parked out there; Mayor stated the OYC is putting in three pads and improving the electrical…Mayor stated through the Plan Commission they told the OYC where the pads for the three motor homes should go; Reed questioned the metered water; Whealon explained sewer and water issue; Mayor stated potable water at the OYC is metered;

Moved by Maas seconded by Doeren to affirm the decision of the Plan Commission and grant the conditional use permit for the OYC.
Motion carried upon electronically recorded vote 8 ayes: Young, Reed, Schreiber, Stiloski, Doeren, Berth, Paluch and Maas. 2 no: Wittkopf, and Zahn.

8. Mayor read aloud Consent Agenda: Approve of listing of accounts payables for $1,035,971.22; payroll for $114,853.19; and financial reports as presented; Approval of Easement across Lot 3, Jefferson Heights Plan for sidewalk from Wm. Bake Circle to the elementary school as part of the Safe Routes to School Grant; Accept letter of resignation from Steve Gering from the Police & Fire Commission; Approve of appointment of Beth Larson to the Industrial Development Commission for term to expire 5/1/2013; Approve of listing of applications for an operator’s license; Approve of Combination Class B license for Jonathon Weigelt for JD’S Sports Bar, 914 Main Street, Oconto, WI., for July 1st, 2011 – June 30th, 2012.
Moved by Wittkopf seconded by Doeren to approve of the Consent Agenda as read.
Motion carried upon electronically recorded vote. 10 ayes

9. Discussion/action on:
b. Moved by Berth seconded by Wittkopf to approve of city submitting an application for WisDOT work on highway ROW. Berth stated the ATV club would like to take over the care/maintenance of the roundabouts.
Motion carried upon verbal voice vote. 10 ayes
c. Belongia stated she is working with the county on establishing boundaries for city wards as a result of the County’s adoption of Tentative Supervisory District Plan. FYI…will bring back to Com of the Whole for discussion/recommendation.

d. Update from Dick Doeren on FLW tournament. Doeren provided handout from previous evenings meeting; Wittkopf questioned thought this was to be a 4 day tournament; Doeren stated three days; Wittkopf questioned full page ad; Doeren stated per the agreement ad will be sometime during 2011; Schreiber questioned the pre-fishing; Doeren stated one-full week prior…will get data on lodging and we will get this info; Young questioned how many fish can they bring in? Atty. Calvert stated 5; Wittkopf questioned the shuttle…will city be responsible for this? Doeren stated the FLW will take about ½ of the parking lot; Wittkopf questioned how will this be done? Mayor stated he will talk to Kobussen, etc; shuttle’s vital on Thurs & Fri; from television on down; Wittkopf asked who is sponsoring the coffee & doughnuts? Doeren stated Folgers will pay for the coffee and reimburse the city for the doughnuts; Young questioned how are we going to control the power loading? Doeren stated if the harbor master’s are out there, they try and stop it; Mayor stated he applied for the permit to extend the launches; Doeren encourage all the council members to get involved;

e. Mayor stated the proposal for subsurface exploration & Geotechnical Engineering Analysis is to be cost share between the city and Graphics Management; Mayor stated we have an issue on the property regarding compaction; we had a UP firm who did a study on the South ½ of this property; AECOM would come in and do seven borrowings…need to see if property is suitable for building; Mayor stated Graphics broke ground for a 20,000 addition on West end of their property. Zahn asked if the city’s share of $2,250 will come from the general fund. Mayor stated yes.
Moved by Doeren seconded by Maas to approve of proposal from AECOM with cost sharing the $4500 between the city and Graphics Management.
Motion carried upon electronically recorded vote 8 ayes: Young, Reed, Schreiber, Zahn, Doeren, Berth, Paluch and Maas. 2 no: Wittkopf, and Stiloski.

f. Moved by Maas seconded by Schreiber to approve of Resolution petitioning the Sec of Transportation for Airport Improvement Aid.
Motion carried upon electronically recorded vote. 10 ayes

g. Moved by Maas seconded Doeren to approve of Agency Agreement & Federal Block Grant Assurances.
Motion carried upon electronically recorded vote. 10 ayes

h. Moved by Wittkopf seconded by Reed to accept resignation from Gene Berth effective immediately as a member of the Police & Fire Commission.
Wittkopf questioned why we have two resigning from the PFC? Berth suggested Wittkopf talk to her husband.
Motion carried upon electronically recorded vote. 10 ayes
10. Next Com of the Whole, Tues., July 5th, 2011 at 6:00 p.m.
11. Moved by Berth seconded by Zahn to adjourn. M/C
Meeting adjourned at 6:58 p.m. Minutes submitted by
Linda M. Belongia,
Administrator