CITY OF HUDSON COMMON
COUNCIL
MEETING MINUTES OF MONDAY,
FEBRUARY 2, 2009
Meeting called to order by
Mayor Dean Knudson in the Council Chambers of City Hall at 7:05 p.m. Mayor
Knudson invited the Boy Scouts from Troop 213 and their leader, Brian Johnson,
to lead those present in the Pledge of Allegiance.
PRESENT: Mayor Knudson and Alderpersons Randy
Morrissette, Pam Brokaw, Lori Bernard, Lee Wyland, Scot O’Malley and Alan
Burchill.
OTHERS
PRESENT: Devin Willi,
Cathy Munkittrick, Marty Jensen, Tom Zeuli, Jim Frye, Yvonne Larsen, Eric
Christensen, E.J. Utech, Denny Darnold, Betty Caruso, David Gray, Greg
Hendricks, Mary Hendricks, Trina Opatz, Susan Lipps, James Wildman, Todd
Erskine, Tammy Erskine, Randy Hanson, Brian Johnson, Boy Scouts from Troop 213,
Daniel Quinn, Gary Borglund, and others.
COMMENTS AND SUGGESTIONS FROM CITIZENS
PRESENT: Police Chief Marty Jensen
presented a citizen commendation plaque to Daniel P. Quinn and noted his
appreciation for the assistance and efforts Mr. Quinn offered to a subject and
to Patrol Officer Wildman.
CONSENT
AGENDA: MOTION by Morrissette, second
by O’Malley to approve the following Consent Agenda items:
MINUTES: Approve the Public Hearing and
Regular Meeting minutes of 1/19/09 and the Closed Session minutes of 1/5 and
1/19/09.
CLAIMS: Approve
the following claims for payment:
|
FUND |
DESCRIPTION |
PAYABLES |
PAYROL |
TOTALS |
|
100 |
General |
251,351.29 |
158,122.52 |
409,473.81 |
|
450 |
Capital Projects |
16,435.36 |
0.00 |
16,435.36 |
|
490 |
Biosolids |
0.00 |
0.00 |
0.00 |
|
610 |
Sewer |
15,940.14 |
9,284.81 |
25,224.95 |
|
620 |
Parking |
1,367.92 |
1,119.83 |
2,487.75 |
|
630 |
Ambulance |
3,356.44 |
23,933.05 |
27,289.49 |
|
860 |
Tax Agency |
31.65 |
0.00 |
31.65 |
|
|
TOTALS |
$288,482.80 |
$192,460.21 |
$480,943.01 |
REPORTS
OF CITY OFFICIALS, BOARDS, COMMISSIONS: Place on file the quarterly
report of the City Clerk, and the Community Access Board minutes of 1/27/09.
Roll call vote, all ayes (6), MOTION CARRIED.
Consider request by The
Hendricks Group Inc., d/b/a Hometown Senior Living, for an exception to locate
an Adult Family Home (licensed by the Wisconsin Dept. of Health and Family
Services) at 1015 Crest View Drive, within 2,500 feet of a Community Based
Residential Facility/Comforts of Home: community
Development Director Denny Darnold provided background information on the
topic, noting that The Hendricks Group Inc. had requested an exception to
locate an adult family home at 1015 Crest View Drive, and within 2,500 of an
existing Community Based Residential Facility/Comforts of Home at 1111 Heggen
Street. He explained that adult family
homes are permitted by the state, except when within 2,500 feet of another
facility, which resulted in the request from The Hendricks Group for an
exception.
Mr. Darnold stated that the Plan Commission and staff
recommended approval; he read the specific conditions listed on the issue sheet. Mayor Knudson announced the guidelines for
hearing public comment, including the suggestion of a maximum 20-minute time
limit for the subject.
Mr.
Greg Hendricks of The Hendricks Group, Inc. stated that he wished to clarify
information given at the Plan Commission meeting. He pointed out that operating an adult family
home in a residential area was determined to be legal by the Fair Housing Amendment
Act (FHAA) and the Americans with Disabilities Act (ADA). He also pointed out that the purpose was to
allow people to live in regular residential areas, and not in institutional
settings. He reported that the State
would issue the license and make sure they meet the regulations and licensing
requirements. Mr. Hendricks cited
information that the statutory distance restriction cannot be applied to adult
family homes that provide care for individuals with disabilities, as defined in
the FHAA and ADA. He asked Council to
follow the recommendations of the Plan Commission and the FHAA and ADA by
approving this exemption.
Attorney
Catherine Munkittrick advised that federal laws and ADA laws are stronger than
state and local laws. She stated that if
this exemption was denied, it would not be consistent with past practice and
would open up the possibility for a lawsuit.
Case law was also cited.
Fire Chief
Jim Frye stated that he believed the fire equipment would be able to maneuver
in the area.
It was
announced that a 20-minute time period would be allowed to hear comments. Numerous neighboring property owners spoke
against allowing the exception. Attorney
Munkittrick reminded Council for the need to follow federal laws, and FHAA and
ADA rulings. Additional discussion was
held regarding the concerns of the property owners, including participation in
the Hazelcrest Homeowner’s Association, rights of the taxpayers, and operating
a business in a residential neighborhood.
O’Malley questioned the safety of the home on the inside, as well as the
outside. Discussion was held regarding a
similar case in another municipality, and that a lawsuit was likely if the
exemption was denied, and it was the City Attorney’s opinion that the City
would not be held liable for the safety of the home. Mary Hendricks spoke in response to some
questions that were raised. It was
reported that employees and residents would not park on the street, and
clarified that the rest of the neighbors were not subject to that restriction.
MOTION by
O’Malley, second by Morrissette, to deny the request of The Hendricks to locate
an adult family home within 2,500 feet of an existing community based
residential facility. Lengthy discussion
was held regarding the rights of property owners, ADA and FHAA rules, and the
Plan Commission’s recommendation and conditions noted on the issue sheet. The possible need for a fence was also
discussed. Mayor Knudson asked for any
proof that property values have decreased because of an adult family home in a
neighborhood. He also cautioned about
the cost to all the taxpayers for a lawsuit against the City. Vote taken, Ayes (2) O’Malley and
Morrissette; Noes: (4) – MOTION FAILED.
MOTION by
Burchill, second by Bernard to approve the request of The Hendricks Group, Inc.
to locate an adult family home at 1015 Crest View Drive within 2,500 feet of an
existing community based residential facility, with the following conditions:
Wyland
requested that The Hendricks Group become a member of the homeowner’s association. Trina Opatz stated that the property was
exempted when the area was developed, and the current owner had the choice of
becoming a member of the association, or not.
Discussion was held regarding the recommendations from the Plan
Commission. MOTION AMENDED by O’Malley,
second by Morrissette, to include the requirement that a restrictive structure (fence)
be placed on the property for safety reasons.
Bernard pointed out that the current nursing home (on Wisconsin Street)
has a steep hill on the property, as well.
Morrissette withdrew his second for the amendment to the motion. Vote taken on original motion, Ayes (4)
Burchill, Bernard, Brokaw and Wyland; Noes (2)- O’Malley and Morrissette. MOTION CARRIED.
Application(s) for Operator’s Licenses: Morrissette recused himself. MOTION by Burchill, second by O’Malley to
approve the issuance of Regular Operator’s Licenses for the period 2/3/09 to
6/30/10 to April M. Utech and Erwin J. Utech, both at 1346 Pt. Douglas Road S.,
St. Paul, MN. Ayes (5), MOTION CARRIED.
Consider amending Municipal Code to increase building
and zoning fees – Ordinance 2-09: Mayor Knudson stated that David Gray had requested
the increase in fees for various permits and sale of zoning maps. It was noted that the rates had not increased
for a number of years. MOTION by
Morrissette, second by O’Malley, to suspend the rules toward adoption of
Ordinance No. 2-09. Roll call vote
taken, Ayes (6), MOTION CARRIED. MOTION
by O’Malley, second by Bernard to adopt the following:
ORDINANCE NO. 2-09
AMEND CH. 106-7 RE: BUILDING & ZONING FEES
(Copy on file in Clerk’s office)
Ayes (6), MOTION CARRIED.
Approve
updated job descriptions and compensation for St. Croix E.M.S. positions: Mayor Knudson reported that the Finance Committee
recommended approval of the updated job descriptions and compensation for the
St. Croix E.M.S. positions. It was noted
that the duties of the former Operations Supervisor were distributed to others
since the vacancy in the position, and wage increase amounted to an additional
5% to the fulltime Paramedic employees and the E.M.S. Chief. MOTION by Burchill, second by Bernard, to
approve the updated job descriptions for
fulltime Primary Paramedic - QA/QI/IT Coordinator, fulltime Primary Paramedic –
ALS Scheduling/Materials Management Coordinator, and fulltime Primary Paramedic
– ALS Education/Field Training Coordinator, as submitted, and the 5% pay
increases (effective 2/1/09). It was
noted that the change would save the Department approximately $70,000. Ayes (6), MOTION CARRIED.
Application
of Barley’s Pizza & Pasta LLC for Class B Beer license d/b/a Barley’s Pizza & Pasta, 1830 Webster
Street, Suite 150: Mayor
Knudson stated that the Finance Committee recommended approval, and the City
Attorney reviewed the need for proof of payment for any outstanding debt owed
to the City. MOTION by Morrissette,
second by Brokaw, to approve the issuance of a Class B Beer License to Barley’s
Pizza & Pasta LLC d/b/a Barley’s Pizza & Pasta at 1830 Webster Street,
Suite 150, contingent on successful completion of the building inspection, and
proof of payment for the property taxes.
Ayes (6), MOTION CARRIED.
Review
bids and consider awarding 2009 Tree and Stump Removal contract:
Mayor Knudson reported that the
Finance Committee recommended approval of the routine Tree and Stump Removal
contract. MOTION by O’Malley, second by
Morrissette, to approve the bid from St. Croix Tree Service for 2009 Tree and
Stump Removal Services, as submitted. It
was noted that the bid reflected no increase from the 2008 rates. Ayes (6), MOTION CARRIED.
Recommendation
for hiring a Public Safety Facility Study consultant and review funding source:
wyland explained that he and staff had
reviewed the safety facility needs, and RFPs for a consultant were
advertised. He indicated that the scope
of services would include site selection, space needs, configurations, and the
possibility of combining some city departments into one facility. He reported that four firms were interviewed
and all provided excellent presentations.
MOTION by Wyland, second by Burchill, to approve the hiring of Frisbie
Architects, Inc. as consultants for the Public Safety Facility Study. The funding source was confirmed for up to
$19,000. All ayes (6), MOTION CARRIED.
Consider
advertising for bids for possible 2009 lawn mowing services:
Mayor Knudson stated that the mowing
service areas were revised and a further breakdown of sites was provided. The mowing frequency and standards were also
included. MOTION by O’Malley, second by
Wyland, to authorize advertising for bids for lawn mowing services for 2009,
with advertisement costs up to $250.00.
Discussion included information that the advertisement would be posted
on the City webpage, and that the bid costs would be compared to actual City
costs. All ayes (6), MOTION CARRIED.
Accept
the resignation of Public Utility Commission President Tim Caruso, consider an
appointment to the Public Utility Commission, and Mayor’s appointment of a
Public Utility Commission member to serve on the City of Hudson Plan
Commission: mayor Knudson noted receipt
of the letter of resignation from Tim Caruso as President of the Public Utility
Commission. Mayor Knudson thanked him
for his twenty-plus years of service and also noted that this would also create
an opening on the Plan Commission. He
nominated Kevin Vance to fill both positions, and requested Council approval.
MOTION by O’Malley, second
by Bernard to accept the resignation of Tim Caruso, and to appoint Kevin Vance
to fill the remainder of the term on the Public Utility Commission (through
September of 2010) and as the Water Utility member of the Plan Commission. Mayor Knudson shared information on the
previous experience of Mr. Vance.
O’Malley questioned whether there would be any conflict of
interest. All ayes (6), MOTION CARRIED.
communications
and items for future agendas: Mayor Knudson announced that the proposed Pond Hockey
games that were planned to take place during the Hot Air Affair event would not
take place in 2009. He stated they would
work on planning the activity for 2010.
He also encouraged people to attend the Hot Air Affair.
City
Administrator Devin Willi announced that a dental insurance plan was available
for City employees, at their own cost.
He also stated that the first HRA payment for employees was made by the
City.
MOTION by O’Malley, second by
Wyland to adjourn. All ayes (6). MOTION CARRIED at 9:04 p.m.
Nancy J. Korson, City Clerk
I hereby certify
that the City Clerk has submitted the foregoing minutes to me, and I hereby by
my signature approve said minutes and all acts of the Common Council as sent
forth therein.
Dean Knudson, Mayor