Minutes of the Regular City Council held on Tuesday, July 8, 2014 Pursuant to Notice Duly Given:
1. Meeting called to order by Mayor Bostedt at 6:00 p.m.
2. Roll Call: Mayor Bostedt, Al Schreiber, Roger Reed, Bob Le Breck, Connie Bickel, Sheri Groll, Joseph Stiloski, Darrell Anderson, Marlene Zahn, Jean Pleshek and Attorney Calvert
Excused: Alderperson Resch
Also Present: Police Chief Dan Ault, Superintendent of Public Works Jeremy Wusterbarth, Sara Perrizo, Administrator and as recording secretary and other interested parties
3. Invocation and Pledge of Allegiance by Alderperson Groll.
4. Approval of Agenda
Moved by Schreiber, seconded by Anderson to approve the agenda as presented.
Motion carried upon verbal voice vote. 9 ayes
5. Approval of minutes as presented from Committee of the Whole, Council and any Special Council meetings.
Zahn pointed out that the starting and ending times of the Wage & Personnel Committee meeting held on July 1 were inconsistent. Perrizo will make the correction.
Moved by Zahn, seconded by Anderson to approve the minutes as corrected.
Motion carried upon verbal voice vote. 9 ayes
6. Approval of department reports as presented.
Moved by Groll, seconded by Schreiber to approve the department reports as presented.
Motion carried upon verbal voice vote. 9 ayes
7. Correspondence/Public Input.
Perrizo read aloud two letters and a petition (copies available at City Hall) against putting an ice fishing access ramp at the Breakwater.
8. Approval of consent agenda:
a. Approval of Applications for Temporary Class B Retailer’s License and Applications for License to Serve Fermented Beverages
b. Approval of Proposal from Attorney Calvert for Labor Negotiations with the Police Union in the Amount of $2,925
c. Approval of Pay Request #5 for Phase 1 from Veit Dredging, Inc. in the Amount of $16,613.63
d. Approval of Pay Request #5 for Phase 2 from Veit Dredging, Inc. in the Amount of $243,612.60
e. Approval to Extend Boat Launch Lanes at the Harbor in an Amount not to Exceed $65,000
This item was pulled by Alderperson Stiloski. He asked where the money for this project would come from. Perrizo responded that it was part of the 2012 bonding.
Moved by Anderson, seconded by Pleshek to approve extending the boat launch lanes at the Harbor for an amount not to exceed $65,000.
Motion carried upon electronically recorded vote. 8 ayes, 1 nay (Stiloski)
f. Approval of Bridge Repairs in the Amount of $4,500
g. Approval of Quote for Cost of Asphalt from Oconto County Highway Department for Voy Avenue from McDonald Street to Gale Street at a cost of $12,159
h. Approval of Estimated Cost of $125,000 from Oconto County Highway Department and Jackie Foster, Inc. for Reconstruction of Scherer Avenue from Superior Avenue Bridge to Seventh Street
i. Approval of Road Closures for Kiwanis Run on August 9, 2014
j. Approval of Accounts Payable for the Month of June 2014 in the Amount of $293,325.12, Payroll for the Month of June 2014 in the Amount of $118,501.89 and Other Financial Reports as Presented
k. Approval to Authorize Mayor Bostedt, Attorney Calvert, Alderpersons Le Breck and Reed and Administrator Perrizo to Meet with Newcap to Discuss a Payment in Lieu of Taxes
Moved by Zahn, seconded by LeBreck to approve the consent agenda except for item e.
Motion carried upon electronically recorded vote. 9 ayes
9. Discussion/Recommendation/Action on the following:
a. Ice Fishing Access at Breakwater Park
Rich Carey, 3050 Fish House Road, Pensaukee is in favor of the access ramp. The main concern is safety for ice fishermen as well as the fact that there are 6 to 8 weeks when the Bay is frozen, but the River is not and therefore they can’t get to the Bay to ice fish. Ice fishing is tourism and there is revenue not coming in due to the lack of access. This is a recreation area and people choose where to live. A few people shouldn’t eliminate something that is good. The DNR is fine with the proposed ramp location and it is possible that the Sportsmen’s Club could help to pay for it. Carey understands that there are concerns about litter and noise, but no one can prove that it is from the ice fishermen and windows are closed in the winter months. He feels there was a conflict of interest on the Harbor Commission because some of the members own property along the Bay Shore. Oconto is “History on the Bay”, but there is no access to the Bay in the winter. Steve Stock, 1703 Park Avenue, can see the concerns, but the biggest thing is safety. Ice fishermen generally clean up after themselves. He understands if this needs to be looked into further, but he would like to see both sides work together. William Sconzert, 113 Center Street, stated that years ago there was access to the river and then one land owner complained and it was done. There were a lot of people there at that time and they came from all over to spend their money. Oconto is one of the greatest fisheries in the Midwest and he just wants safe access. The water at the mouth of the River is constantly moving and isn’t safe. The area out there belongs to everyone and there is a lot of speculation going on.
Tom Fulton, 6202 Bayshore Road, thinks that more research could be done to minimize the impact on the residents in the area. His main concern is that there is already almost no water in front of their homes and creating what is essentially a wing dam will stop more flow of the water. Within a couple of years their property will be right up to the ramp. He feels that there is room for compromise here.
Butch Mehlberg, 700 Jones Avenue, said that the Breakwater is the main hub of the City and it should be where the majority of the activity takes place.
Zahn asked for the cost of the ramp. Wusterbarth said that the preliminary estimate is $6,000 for materials and then the cost to build a culvert. Perrizo said that this will be paid for out of the Harbor budget. Pleshek asked if the culvert will help with the water flow. Wusterbarth said that Crystal from the DNR is concerned regarding the impact on the water flow and one way around it is to put the culvert in. Carey spoke with the DNR and explained that a jetty going out isn’t what they want, but that something more simple would work.
Stiloski agrees that more research needs to be done before a decision is made. The key issue is safety and he would like to see this sent back to the Harbor Commission.
Nancy Rhode, 6120 North Bayshore Road, has heard comments about having a conflict of interest on this issue. She requested an opinion on this from Attorney Calvert. Calvert said that he sees no conflict as Rhode doesn’t have a financial interest in this project. Mayor Bostedt said that those who brought up a conflict said that it was more ethical in nature. Stock commented that the property owners are stating that their property values could decrease, so there is a financial concern here.
Schreiber agrees that more information is needed. There is no money to do this right now anyway and we should look for a way to have minimal intrusion and cost. Wusterbarth explained that Crystal from the DNR didn’t see any issue with the current plans. The DNR would approve the plans after a 30 day comment period. We have a responsibility as a City to build a ramp that is safe for vehicles or we could have some liability.
Sharon Fulton, 6202 Bayshore Road, has heard that a gate would be put up for the summer months, but now she is hearing that kayaks and canoes may be using the access in the summer. How will this be patrolled? Reed said that there will be a guardrail in the summer, but that wouldn’t stop foot traffic. Schreiber opined that there are enough places in the City to put kayaks in the river now and this doesn’t need to be addressed.
Jeff Herald, 6068 County Road J, suggested that the ice fishermen could help to pay for the ramp.
Jim Lemeronde, 6123 Bayshore Road, doesn’t know how the City can consider spending money on this right now. The Library needs a new roof, some City vehicles are falling apart, etc. This won’t bring in tourism and the City should start spending its money wisely and try to bring in industry. LeBreck countered that the City does try to spend its money wisely and the Library problem was pushed onto this Council because it wasn’t addressed in the past.
Julie Reed, 6130 North Bayshore Road, thought the plan for the ramp was clear, because the City was applying for DNR permits, but now she sees it is not clear. She would hope there would be a clear plan before any money is spent and she still has a lot of questions. Mayor Bostedt stated that we are a city that needs tourism and we also need to get out of debt. She would hope that some of the tourists who come here would want to stay here and possibly even open a business. There was no intent to step on anyone’s toes with this project. Wusterbarth suggested that if this project is going to go any further, a couple of the ice fishermen and a couple of the residents meet with Crystal from the DNR to come up with a design. Mayor Bostedt said that the Harbor Commission could form an ad-hoc committee.
Jim Hearld, 6404 North Bayshore Road, has seen cars and motorcycles racing on the ice. It needs to be considered that this ramp will not just be for the fishermen and the width of the road is a big factor. Bill Smith, 6124 North Bayshore Road, asked if people race out on the ice, who will police it? Ault responded that people can’t be reckless and the Sheriff’s Department along with the City Police Department would address any issues. Smith then said that he used to ice fish and never had any trouble getting on the ice because we have other places to access the Bay. City Park is one. Also, one can walk out to fish with a sled. Russ Sowle, 133 Cross Street, countered that if one were to pull a sled down the Breakwater, injuries could happen.
Moved by Zahn, seconded by Anderson to refer back to the Harbor Commission.
Motion carried upon electronically recorded vote. 9 ayes
b. Approval of Quote from Robert E. Lee to Design and Bid Voy Avenue Watermain Replacement in the Amount of $6,950
Wusterbarth explained that there is a six inch cast iron water main causing issue with pressure flows. Two years ago the watermain from Voy to McDonald was replaced and this is phase 2 of the project and will go from McDonald Street to Gale Street. Other options to fix the pressure problems would be to create a loop or construction of a new water tower, both of which are very expensive. In this project, the road will also be milled and re-layed. The total estimate for the project is $35,000.
Moved by Schreiber, seconded by LeBreck to approve the quote from Robert E. Lee to design and bid Voy Avenue watermain replacement in the amount of $6,950.
Motion carried upon electronically recorded vote. 9 ayes
c. Approval of Quote from Bourassa Construction for Concrete Repair to Aeration Basins in the Amount of $4,700
Wusterbarth explained that updates are needed at the Wastewater Treatment Plant. Most of the pumps and basins are from the 1950’s and the plant was last updated in 1994. That was a 20 year updated, so we have to start repairing/replacing some items. Wusterbarth has a list of what is needed and will prioritize it each year. The Utility has an equipment replacement fund that will be used to pay for this. The aeration basin is from 1945-1950 and the concrete is deteriorating. Repairs are needed before the wall collapses. Schreiber commented that there have been upgrades made at the plant that have cut down expenses and we have to keep up with the repairs.
Moved by Pleshek, seconded by Groll to approve the quote from Bourassa Construction for concrete repair to aerations basins in the amount of $4,700.
Motion carried upon electronically recorded vote. 9 ayes
d. Approval to Purchase New Sludge Feed Pump from Vacume Pump & Compressor in the Amount of $11,200
Moved by Schreiber, seconded by LeBreck to approve the purchase of a new sludge feed pump from Vacume Pump & Compressor in the amount of $11,200.
Motion carried upon electronically recorded vote. 9 ayes
e. Approval of Addition to City Ordinance Regarding Parking on Washington and Adams Streets to Allow Parking for Residents Living in that Area
Mayor Bostedt read aloud the proposed amendment to allow residents living in these areas to get windshield stickers allowing them to park on the street. Cliff Martin, 328 Adams Street, asked how his wife should handle the clients that she sees for her business. Mayor Bostedt suggested that the clients park in the Martins’ driveway and the Martins park on the street.
Moved by Zahn, seconded by Pleshek to approve the addition to City ordinance regarding parking on Washington and Adams Streets to allow parking for residents living in that area.
Calvert doesn’t agree with this amendment. He questioned who will get the stickers, will there be a cost and how many will be allowed per residence. He suggested changing the ordinance to allow for two-hour parking between the hours of 8 a.m. and 4 p.m. Monday through Friday. There is no other no-parking area in the City that allows for residents to have stickers to park there. Mayor Bostedt countered that we are trying to take care of the residents in this area because parking from the Courthouse is the problem. Stickers are easier to monitor than two-hour parking and this is different than any other no-parking area. Residents would get one sticker for each vehicle they have. Pleshek likes the ideas of the stickers as they are a simple way to allow the residents to park. It is easier and safer than two-hour parking. Groll is concerned with other no-parking areas – will they want the same thing? Mayor Bostedt said we can look at other areas if people ask.