Council Minutes 7/14/09 Part 1 of 2

Minutes of the Public Hearings and Regular Council meeting held on Tuesday, July 14th, 2009 at city hall pursuant to notice duly given.

Mayor Nerenhausen opened the public hearings at 5:00 p.m. pursuant to notice duly given.

1. Request by the Common Council for a zoning change for the properties
located between Highway 22, a/k/a Charles Street and Mott Street which is
currently zoned IG General Industrial to CH Highway Commercial.

Mark Pederson, CFO for KCS, Int’l stated they would like some understanding
of the zoning; keeping business at capacity we need; would like to sit down
with the planning commission to see what is best for the community and KCS;
Mayor stated as rezoned property would stay at current use as a
grandfathered business; Atty. Mraz stated the grandfathered zoning would
continue as long as the current boat business is continually run; if the
boat business would stop at this site, the use would then be whatever is
allowed under the new zoned districts; Pederson stated he understands that,
but Mr. Stock may look at selling the business down the road…has had a
meeting with developers…walking through the buildings, they are working on
the numbers, Pederson asking for time…wants to protect their interest;

Diane Motiff, 151 Mott Street stated the neighbors were upset when they got
their notice…she came in and received additional information from Linda
Belongia; neighbors are worried about being forced out of their homes; Mayor
defined zoning use…current residences will be allowed as a grandfathered
use…looking at this area similar to a downtown district; Motiff questioned will
the property owners be assessed for any improvements? Mayor stated these
property owners will be assessed whatever is normally assessed under a
street construction project; Motiff stated the benefit of the proposed bike trail
is for the whole city, taxpayers should all share in the cost, more than just the
property owners in this area; Mayor stated every homeowner is treated the
same.

Hearing nothing further on request number one, Mayor closed the hearing on this item.

2. Request from Frank and Donna Bickel to rezone their parcel 265-
28130081274 located at 6315 Van Hecke Avenue, Oconto, WI. from Rural
Development to (IG) General Industrial.

Frank and Donna Bickel present, but have nothing further to add. Dick
Doeren questioned how many acres are involved? D Bickel stated it was a 40
and then with the hwy project DOT took some; Mayor estimated the rezone
would be on approx 30 acres;


Hearing nothing further on request number two, Mayor closed the hearing on this item.

3. Request for a Telecommunications Tower 190’ in height at the Oconto County
Courthouse property, 301 Washington Street, Oconto, WI. Mike Jansen,
Sheriff stated here was attending on behalf of the Sheriff’s Dept and the
County as a whole; Jansen stated Cellcom the vendor has approached the
sheriff’s dept to have a new tower built on courthouse property; Jansen stated
from his department’s viewpoint, the savings they would realize would be
$35,700 over 20 years that would be saved from the sheriff’s dept budget by
not having to rent the current T-lines which is costing his dept $35,000 to
connect to the county communication system; in today’s world Jansen stated
looking at money and this is a big one…building of the tower would also assist
city of Oconto’s Cellcom customers; Jansen stated the current tower on the
city water tower per a Cellcom representative is adequate at best…but weak
and getting weaker; Jansen stated city will also receive revenue from
Cellcom; location is being looked at on West side of North cell block; Jansen
stated the picture that was previously provided to the city of the proposed
tower shows it on East side, but the County since then has requested it be
placed on the North side; Jansen stated this request has already been to the
Airport Commission and they have approved of allowing the variance for a
190’ tower but they also stated if the same reception can be gotten with a
tower of 180’ or 183’, to go with that rather than a 190’…they also want a light
on the tower; Jansen stated from the sheriff’s dept standpoint, this would be a
benefit…public safety of the whole county…because of the height of the
tower, allows us to get out of city of Oconto to all over…benefit to county
budget…which we all pay taxes towards;

Jim Weinmann stated Cellcom and County are working in partnership;
Weinmann referenced the utility minutes, the current lease Cellcom has with
the Oconto Utility Commission is a 5 year lease; Weinmann stated Cellcom
has no intention of breaking the current tower lease….will review at end of
that term….and then when new tower is built, will see if they are
compatible…is optimistic two towers can exist, but they cannot guarantee
that….from Cellcom this will allow any roaming customers a capacity they
currently don’t have; Weinmann stated T-1 lines go up all the
time….estimated costs at $200,000 to $300,000…20 years from now could be
over $1M;

Marlene Zahn questioned where the towers are now?

Weinmann stated on the city water tower;

Zahn questioned how high is current on our water tower?

Bob Mommaerts stated 144’;

Jansen stated Cellcom wants to go the maximum 190’;

Joe Stiloski questioned Jansen if the proposed tower was put out for
bid…there are a lot of carriers out there;

Mayor questioned who will own the tower?

Weinmann stated Cellcom will and they will lease the property from the
county.

Al Schreiber questioned if any studies have been done to see of the residents
will have any reception problems…and with a light up there 24/7, doesn’t want
a blinking light…no problem with building a tower, but not in the middle of a
residential district;

Weinmann stated they are very highly regulated, engineered...;

Schreiber questioned if all studies have been done on the tower?

Zahn questioned the sheriff on the new jail site;

Jansen stated the vendor wants to be as close to downtown to provide the
service they want to provide;

Joe Stiloski questioned if Chief Carper or the Fire Dept have been contacted
for the safety and our operations;

Jansen stated his dept provides the communications for all of Oconto County;

Joe Stiloski questioned with future growth is there a communication center
being considered?

Jansen stated they are working on a 16 area county connection and this tower
will help;

Schreiber stated we are hearing two things…Oconto is low land, but yet….

Weinmann stated issues are involved with picking a location;

Schreiber stated if the county is looking at a new site, why not build the tower
there…understand the savings and communication issue, don’t understand
the location;

Jim Lacourciere stated Sheriff Jansen referred the proposed tower to the
Airport Commission, as a commissioner he voted in favor of the tower
because it’s not in the way of the flight paths, but now can voice his opposition
as a resident…not in favor of tower; Lacourciere referenced Lady Justice on
top of the courthouse and the proposed tower of 190’, out little town doesn’t
need this…referenced a few years ago the request for the tower at St.
Peter’s, that was denied;

Ed Young stated we’ve seen what county will received but what about the
amount the city will loose?

Russ Young property owner at 604 Park Avenue stated he and his wife feel a
190’ tower doesn’t belong in a residential section.

Hearing nothing further on request number three, Mayor closed the hearing on this item.

4. Hearing on Special Assessments for Michigan Avenue (from Pecor Street to
Main Street and Madison Street to the North End) for Public Improvements in
the City of Oconto, Oconto, Wisconsin.

Carol Vendt, 615 Michigan Avenue referenced the 1998 project, what
improvements were done then versus what is being done now…referenced
having to hook up to city water;

Bob Mommaerts stated we are not replacing the watermain…only replacing
sanitary sewer and curb & gutter;

Vendt questioned if they dig up the street, she hopes they do a better job;

Rick Sherman questioned the procedure he should follow if his fence and red
brick area is damaged?

Mayor stated damage should be documented and turned into the city.

Sherman questioned where the project will begin and when will it be in his
neighborhood?

Mayor gave the project area;

Mommaerts stated we have not had a pre-construction meeting yet;

Vendt stated in 1998 she paid on her sidewalks, wants reassurance it will not
be…..;

Mary Lou Lemke stated they have invisible fencing and wondered if
someone will come out and talk to them on whether they have to move this
or not?

Mommaerts suggested that they move the fence back;

Lemke stated she and her husband are thrilled at the cul du sac that will be
put in…questioned if this will affect their taxes;

Mayor stated the cul du sac will have no effect on their taxes;

Lemke questioned if they will have access to their property during
construction?

Mommaerts stated yes;

Lemke questioned if they should move their mailbox?

Mommaerts stated the contractor will remove the mailbox and put it back up;

Lemke questioned if they will be notified on the time schedule?

Mommaerts stated yes;

Hearing nothing further on request number four, Mayor closed the hearing on this item.


5. Hearing on Special Assessments for Parcel No. 265-32-200662078, 710 Fifth
Street, Oconto, Wisconsin.

Joanne Young stated she was speaking for herself and Ed reading aloud a
written statement, (no copy provided for the file); in 2003 and 2004 Young
stated they were never part of Allied Court…they requested some cost
estimated for utilities….informed they didn’t have enough frontage…needed
Board of Public Works, Oconto Utility Commission and Plan Commission for
approval…at that time they stopped pursuing anything…never had any
assessments…nothing recorded…never received documentation….stated
according to utility no records…referenced April 2009 letter from city
regarding assessments…DNR maps show this property in wetlands…Joanne
Young expressed opposition for 710 Fifth Street, stating nothing
levied…referenced letter from administrator…asked that Ed Young’s name
be removed from this property as he no longer is the owner…referenced
opinion from Atty. Mraz….now 5 – 6 years later city wants to correct
mistake…making someone pay;

Hearing nothing further on request number five, Mayor closed the public hearing at 6:05 p.m.

Minutes submitted by
Linda M. Belongia
Administrator