Public Hearing & Council 8/9/2011

Mayor called public hearing to order at 5:30 p.m. on the application for a Conditional Use Permit for a Kennel License for the four dogs owned by Leonard and Nancy Fager, 119 Mineau Avenue, Oconto, WI as allowed under Sec 7-1-3,(c)(1)8-5 City of Oconto Municipal Ordinances.

Leonard Fager stated he moved here four years ago…oldest child if 8 years old, his four children show the four dogs during 4-H events; children’s doctor recommend they keep doors shut…dogs are debarked, neutered and spayed; one neighbor not in favor, rest are; asking for conditional use permit;

Danielle Peterson, neighbor agreed the dogs are debarked….is a nuisance being right next door; Peterson stated Banach has been working with this couple for three years and has a hard time dealing with them;

Jo Edwards another neighbor is against the noise;

Leonard stated neighbor on other side, problem with Banach doesn’t have to do with dogs…doctors have recommended keeping the dogs as therapy;

Schreiber questioned if the Fager house is for sale?

Leonard Fager stated it is for sale, but feels it is priced to high.

Mayor closed the public hearing at 5:40 p.m.


1. Mayor called to order the Regular Council meeting at 6 p.m.
2. Roll Call: Mayor Fulton, Ed Young, Roger Reed, John Wittkopf, Al Schreiber, Joe Stiloski, Marlene Zahn, Dick Doeren, Terri Berth, Joe Paluch, Jack Maas and Atty. Calvert. Also present Jack Mlnarik, Fire Chief, Don Phillips, Interim Police Chief and Linda Belongia Administrator and as recording secretary.
3. Invocation and pledge of allegiance given by Alderperson Wittkopf.
4. Schreiber stated he voted no against flashing lights at McDonald and Brazeau Avenue;
Moved by Doeren seconded by Schreiber to amend the minutes to show that Schreiber voted no for flashing lights at McDonald/Brazeau. 10 ayes
5. Moved by Zahn seconded by Doeren to approve and place on file the minutes as presented from the Committee of the Whole, Council and any Special Council meeting.
Motion carried upon verbal voice vote. 10 ayes
6. Moved by Maas seconded by Paluch to approve and place on file the department reports.
Motion carried upon verbal voice vote. 10 ayes
7. Correspondence/Public Input: Victoria Bostedt spoke in favor of keeping sidewalks in her area; has gone out and gotten a petition from adults and children, all in favor; Issue will be on next BPW agenda.
8. Moved by Schreiber seconded by Zahn to deny the application for a Conditional Use Permit for a Kennel License for the four dogs owned by Leonard and Nancy Fager, 119 Mineau Avenue, Oconto, WI as allowed under Sec 7-1-3(c), (1)8-5 City of Oconto Municipal Ordinances.

Maas asked if the dogs are licensed? Fager state no. Young question how many kennel licenses do we have? Belongia stated over the years we’ve denied two; Schreiber stated he can sympathize…close proximity; Maas stated we could work with some time to allow the Fagers time to get rid of two dogs;

Motion carried upon electronically recorded vote. 10 ayes

8 a. Moved by Maas seconded by Berth to allow Fager’s up to 60 days to get rid of two dogs, with
understanding the two remaining dogs would have to be licensed.
Motion carried upon electronically recorded vote. 10 ayes

9. Mayor read aloud Consent Agenda: Maas pulled 9 a. putting in concrete crosswalks at Business 41 and CTH Y; Establish a 35 mps speed zone from end of curb & gutter on Cook Avenue (Belongia’s ditch) to Logtown Road; Approve of final pay request for Crack Filling Service Corp as was budgeted up to $14,000; Enter into an agreement with Messenger Lawn Care which will include cutting and trimming for $20.00 per hour valid until 12/31/2011; Accept bid from county to blacktop City Park Roads not to exceed budgeted amount and have a map showing what will be done; Approve of listing of accts payables for $240,279.07; payroll for $197,862.19 and financial reports as presented; Schedule public hearing for 9/13/2011 on rezone request for property at 852 Smith Avenue owned by Patrick and Debra Brennan; Approve of operator’s licenses and Temp Class B licenses; Approve of appointments/reappointments by Mayor;
Moved by Wittkopf seconded by Doeren to accept the Consent Agenda as read except for the pulling of 9 a.
Motion carried upon electronically recorded vote. 10 ayes

9 a. Bob Mommaerts introduced the contractors, Kevin, Jim and Darwin; differential settlement
nothing will create speed bumps, valid concern; Schreiber stated blacktop will get soft, what
kind of warranty will come with this? Maas stated will come in and clear out and relay; Zahn stated concrete apron onto blacktop; Young stated he received a couple of calls, communities found no one used to this method; Kevin explained process; Wittkopf stated new project….trail…colored concrete like downtown;
Moved by Maas seconded by Wittkopf stating confidence with contractors sincere in concrete crosswalks to include all of business 41.
Motion carried upon electronically recorded vote. 6 ayes: Reed. Wittkopf, Doeren, Berth, Paluch and Maas. 4 no: Young, Schreiber, Stiloski and Zahn.

10. a. Discussion/action on: Request from WisDOT to waive invoice for special assessments in the amount of $3,274.05 as shown for property owned by DOT on Cook Avenue; Atty. Calvert asked Ron Banach if this is a buildable lot;
Moved by Wittkopf seconded by Doeren to waive special assessment for WisDOT to waive invoice for assessments in the amount of $3,274.05 for property they own on Cook Avenue.
Atty. Calvert stated this issue should go back to WisDOT;

Moved by seconded by Doeren to withdraw motion.

Moved by Maas seconded by Wittkopf to table till we get further on this from Atty. Calvert.
Motion carried upon electronically recorded vote. 10 ayes

b. Discussion on ornamental fence for Brazeau/Smith along river. Berth concerned about the maintenance of the fence;
Moved by Wittkopf seconded by Zahn to go with the St. Vincent 5’fence with the Fleur-de-lis top for the allowed bid of $84,000.00.
Maas asked who was in involved.
Motion carried upon verbal electronically recorded vote. 6 ayes: Young, Reed, Wittkopf, Schreiber, Zahn, Doeren. 4 ayes: Stiloski, Berth, Paluch and Maas.

c. Moved by Wittkopf seconded by Schreiber to approve of Mayor appointment of Suzanne Hoffman to the Library Board
Motion carried upon verbal voice vote. 10 ayes

d. Determining wards will be discussed at the 8/16/2011 Council meeting.

11. Next Com of the Whole will be 9/6/2011.
12. Moved by Zahn seconded by Wittkopf to adjourn. M/C

Meeting adjourned at 6:55 p.m.


Minutes submitted by
Linda M. Belongia, Administrator