CEC Mts. 4/25/2011

Minutes of the Community Enrichment Committee meeting held on Monday, April 25th, 2011 pursuant to notice duly given.

1. Meeting called to order at 8:30 a.m. by Chairperson Maas.
2. Roll call: Jack Maas, Al Schreiber, Jack Mlnarik, Dale Carper and Ron Banach. Also present: Mayor Fulton. Atty. Calvert, Atty. Burke, John and Carol Wittkopf, Suzanne Schwanz and Larry Schoen.
3. Moved by Schreiber seconded by Mlnarik to approve of the agenda as presented.
Motion carried upon verbal voice vote. 5 ayes
4. No correspondence or public input.
5. Moved by Schreiber seconded by Mlnarik to approve and place on file as typed the minutes from the 3/18/2011 meeting.
Motion carried upon verbal voice vote. 5 ayes
6. Discussion on 171 Mott Street. Maas stated this meeting is a carryover from last meeting, discussion on raising permit; Atty. Calvert referenced timeline he prepared for last meeting which set forth restraining order; Carper stated our ordinance that is in place gives the Building Inspector authority….does ordinance give more authority to Mr. Banach? Atty. Calvert stated this committee was established to deal with issues such as this property…not just leaving all on our building inspector; Atty. Burke stated the ordinance can be read two ways…the razing order needs to explain why are we issuing razing order…referenced Wis. Statutes Chapter 66; Atty. Burke referenced that Jack Mlnarik and Ron Banach going through house…appeal would be through the Board of Appeals; Mlnarik stated those stipulations were agreed upon by Atty. Burke; Banach stated he got the list, but didn’t speak with the Judge or Atty. Burke; Atty. Burke questioned who’s driving this process…to do this day…what is wrong; Banach stated he was never given the list; Maas stated this is where we are right now…need to move forward; John Wittkopf stated the property owner has had a year to do the work…keep giving extensions…let the building inspector do his job; Atty. Calvert stated the stipulation items were set by Kohlmann and Atty. Burke and the work was to be done within 90 days…no legal options;
Maas stated it’s decision time; Atty. Calvert stated Mr. Kohlmann hasn’t come forward with what will be done…referenced letter as to what Kohlmann is going to do; Maas stated either we do all stipulations or issue razing order; Carper stated we should allow Building Inspector to follow ordinance…to invite stipulations outside is against…; Atty. Burke questioned who issues razing order? Mayor stated this committee is to support….referenced last meeting; Wittkopf stated they keep saying they didn’t know what they could do, can’t see them doing anything….they’ve had a year…don’t need another;

Moved by Schreiber to extend the permit for 60 days and on the 61st day if work not completed per the stipulation building(s) will be razed…..

Schreiber stated this gives a perfect timeline; Atty. Calvert stated we are referencing stipulation dated 12/2/2010, this was waived through everything…out of court; Atty. Burke stated this is leading to litigation; Carper read the stipulation aloud;

Schreiber amended his motion to include stipulation dated 12/2/2011 Case No. 10CV313 items one – nine, seconded by Maas.
Motion carried upon verbal voice vote.
3 ayes: Carper, Schreiber and Maas. 2 no: Mlnarik and Banach


7. Next meeting date 6/27/2011 at 8:30 a.m. and committee wants Mr. Kohlmann at the meeting.
Next meeting 5/23/2011 at 8:30 a.m.

Moved by Schreiber seconded by Maas authorizing that a certified letter be sent to Mr. Kohlmann that if he has not come in and applied for a building permit by 5/13/2011 put this item on the agenda for a razing order.
Motion carried upon verbal voice vote. 5 ayes

8. Agenda items for 5/23/2011 meeting: Kohlmann property, 171 Mott Street; and the Portmann properties.

9. Moved by Schreiber seconded by Mlnarik to adjourn. 5 ayes



Minutes submitted by
Linda M. Belongia,
Administrator