[b]Com of the Whole Minutes[/b]

Minutes of the Committee of the Whole meeting held on Tuesday, January 6th, 2009 at city hall pursuant to notice duly given.

1. Meeting called to order by Mayor Nerenhausen at 6:00 p.m.

2. Roll call: Mayor Nerenhausen, Lloyd Heier, John Wittkopf, Al Schreiber, Joe Stiloski, Marlene Zahn, Dick Doeren, Jim Lacourciere, Sue Exworthy, Jack Maas and Atty. Mraz. Excused: Ed Young. Linda Belongia, Administrator also present as recording secretary.

3. Moved by Heier seconded by Schreiber to approve of the agenda as amended, moving item 5a later on the agenda.
Motion carried upon verbal voice vote. 9 ayes

4. Public Appearances/Correspondence: Copy of letter Mayor received from KCS regarding recent layoffs provided to committee members; copies of previous months meetings also provided to committee members.
Heier stated on four different occasions he has discussed with Sue Schmidt the alley issue in the 200 block between 3rd and 4th Street. Schmidt’s concern per Heier is if the alley isn’t shut down, she wants it maintained as do six other property owners also living along this alley; Schmidt also stated to Heier that if the alley is not vacated she will install a garage door to give her access to the alley; Schmidt wants the alley maintained; Heier stated he checked with building inspector, and a building permit would be granted for a garage door; Heier stated he spoke with Jeremy Wusterbarth regarding some of the trees along the alley that would have to be trimmed to allow access for maintaining the alley; gravel would have to be brought in…..Heier stated he brought this to the BPW at the last meeting as information only, and Bob Mommaerts stated we don’t receive state aid for alley’s….costs to maintain the alleys would be paid for by all of us; Heier stated Schmidt informed him she has an attorney and she is going to pursue this issue; Heier referenced comments by Atty. Mraz on the level of maintaining an alley….can be a costly expense; Maas questioned what would procedure be to bring this issue back; Atty. Mraz stated a petition would have to be presented again….stated the Board of Public Works is responsible for maintaining the alleys…..anything defeated can come back again…either by a citizen, or the council can also bring the matter….or the Board of Public Works can look at doing more to improve and maintain streets and/or alleys…..would be very difficult to challenge municipalities decision on what level we set for maintaining the alleys;

5. Discussion/recommendation on:

b. Report from Chief Carper on amendments to Chapter 7-1 Ordinance regarding dogs; Mayor stated the Chief provided his reports and additional information today, a copy has been provided to everyone;
Moved by Wittkopf seconded by Exworthy to table this till the February Com of the Whole meeting.
Belongia stated that the Police & Fire Commission will have this item on
their agenda for 1/12; brief discussion; if amendment to Chapter 7-1 is
adopted as the draft which was part of information from Chief Carper,
then Council will have to decide if they want this amendment in addition
to the pit bull ordinance, or repeal that ordinance and go with suggested
draft from Jason at the Humane Society which has three categories for
vicious dogs; Maas stated this is just a report;
Motion carried upon verbal voice vote. 9 ayes

c. Discussion on affidavit for Wayne’s Family Restaurant sign; Atty. Mraz stated a re-draft was done on the affidavit, but according to letter from Atty. Leege, this is not acceptable to the sign owners; Atty. Mraz stated his concern on accepting the property until such time that the sign issue has been resolved….is recommending that the city should not accept that portion of the ROW until such time that the sign is taken down….should notify the DOT that the issue could not be resolved, and the DOT can do what they have to. We don’t want to take this property as part of the jurisdictional transfer from DOT with encumbrances…our affidavit allowed for the sign to remain until such time….this is not agreeable with owners according to correspondence from Atty. Leege;
Moved by Zahn seconded by Heier to recommend to Council the affidavit as drafted for the Wayne’s Family Restaurant sign, and if this is not acceptable we will notify the State that we want this issue resolved and will not accept the jurisdictional transfer of the property until DOT takes care of sign issue.
Motion carried upon verbal voice vote. 9 ayes

d. Moved by Maas seconded by Doeren to recommend to Council approval of the draft ordinance creating a residency ordinance for executive employees requiring them to live within the city limits.
Motion carried upon verbal voice vote. 9 ayes

e. Moved by Maas seconded by Exworthy to recommend to Council approval of draft amendment to the Swimming Pool Ordinance.
Amendment removes requirement for fencing around all pools….is property owners responsibility;
Motion carried upon verbal voice vote.
7 ayes 2 no: Heier and Stiloski and 1 excused: Young

f. Moved by Wittkopf seconded by Exworthy to recommend to Council approval of the Outdoor Recreation Plan.
Discussion….excellent plan, commended Park, Recreation & Forestry Director for the plan.
Motion carried upon verbal voice vote. 9 ayes
g. Moved by Heier seconded by Wittkopf to recommend to Council approval of an operators license for Stephanie Devener contingent upon completion of the required beverage-training course.
Motion carried upon verbal voice vote. 9 ayes

h. Belongia provided names of eight candidates certified to be placed on the ballot for the Spring election for the six alderperson at large positions.
Bill Borneman drew by lot the candidates for placement on the ballot:
# 1. Ed Young; # 2. Tom Fulton; # 3. Sue Exworthy; # 4. Jim Lacourciere;
# 5. Marlene Zahn; # 6. Jim Stiloski; # 7. Jack Maas; and # 8. Dick Doeren.

a. Moved by Heier seconded by Lacourciere to have the Offer to Purchase from Keystone Development for approx. 1.5+ acres for a senior housing development on the 1/13/09 Council agenda for action.
Motion carried upon verbal voice vote. 9 ayes

6. Moved by Exworthy seconded by Doeren to adjourn. M/C
Meeting adjourned at 6:29 p.m.

Minutes submitted by
Linda M. Belongia, Administrator