CITY OF HUDSON COMMON COUNCIL

MEETING MINUTES OF MONDAY, MARCH 29, 2010

 

Meeting called to order by Mayor Dean Knudson in the Council Chambers of City Hall at 7:00 p.m.  Mayor Knudson led those present in the Pledge of Allegiance.

 

Present:  Mayor Knudson and Alderpersons Randy Morrissette, Pam Brokaw, Lori Bernard, Lee Wyland, Scot O’Malley, Alan Burchill.

 

    OTHERS PRESENT:  Devin Willi, Catherine Munkittrick, Denny Darnold, Tom Zeuli, Gordon Conard, Randy Hanson, Mary Yacoub, Richard Lau, Jon Hanson, Jeff Redmond, Eric Atkinson, Marty Jensen, Jim Frye, Eric Christensen, David Robson, Kevin Hartman, Chuck Schwartz, and others.

 

     Comments and suggestions from citizens present:  fire Chief Jim Frye announced that a burning ban is in effect in the City of Hudson and surrounding area and that no open burning is allowed until further notice, including fire pits and outdoor fireplaces.

 

Mayor Knudson encouraged everyone to respond to the Census survey, Census day is April 1st.  He also stated a competition is being held between the cities of Hudson, River Falls, and Prescott to see which City has the most Census participation.

 

     Consent agenda:  MOTION by Morrissette, second by O’Malley to approve the following Consent Agenda items:

 

     MINUTES:  To approve the Special meeting minutes and Closed Session minutes of the March 1, 2010 Joint Council and EMS meeting, and the Regular meeting minutes and Closed Session minutes of March 1, 2010, and the Special meeting minutes and Closed Session minutes of March 8, 2010. 

 

     Conditional use permit for a seasonal/temporary garden center in     Plaza 94 south parking lot, 3/15 to 7/20/10 – Linder’s Greenhouse Inc./Caio Cella:  Approve a Conditional Use Permit to Linder’s Greenhouse, Inc./Cella for a seasonal/temporary greenhouse at the south Plaza 94 parking lot, as designated in the application, with the following conditions:

·         Limited to a period of March 15 to July 20

·         One year review is required (March of 2011)

·         The provision of water must be addressed either with the coffee shop in the parking lot, or approved by the Water Utility

 

Consider renewal of conditional use permit for an outdoor seasonal sales area (garden center) at Home Depot, 2330 Crest View Dr. – The Home Depot.:  Approve renewal of the Conditional Use Permit to The    Home Depot for a seasonal outdoor sales/garden center at 2330 Crest    View Drive, with the following conditions:

·         Limited from April 1 to July 15

·         Allow up to an 8-foot chain link fence and 20’ x 40’ greenhouse

·         Total area limited to 64’ x 120’ (7,680 sq. ft.)

·         Renewal required in three years (2013)

 

Rezoning of 911 Fourth Street (Munic. Bldg./parking lot) from R-1, One-family Residential District to OFC, and amend the City Comprehensive Plan – Common Council:  Schedule a Public Hearing for 6:45 p.m. on Monday, May 5, 2010 regarding the proposed rezoning of 911 Fourth Street (Municipal Bldg./parking lot) from R-1, One-family Residential District to OFC, and amend the City Comprehensive Plan.

 

Amend OFC, Office District to allow other commercial uses through approval of a conditional use permit – Community Development Director:  Schedule a Public Hearing for 6:50 p.m. on Monday, May 3,    2010 to amend the OFC, Office District to allow other commercial uses through approval of a conditional use permit.

 

Amend Comprehensive Plan for future land use designations and rezoning for Bieneman Farm LLC (SE quadrant of Hanley Road/STH    35); Gaffer Properties LLC (north side Coulee Rd. east of 2nd St.); and Tim/Betty Caruso, 27 Coulee Rd.  Schedule a Public Hearing for 6:55 p.m. on Monday, May 3, 2010 to amend the Comprehensive Plan for future land use designations and rezoning for Bieneman Farm LLC, on the SE quadrant of Hanley Road/STH 35; the Gaffer Properties LLC, on the north side of Coulee Road east of 2nd St.; and the Tim/Betty     Caruso property at 27 Coulee Road.

 

    Claims:  Approve the following claims for payment:

 

FUND

DESCRIPTION

PAYABLES

PAYROLL

Totals

100

General

183,617.61

253,000.04

436,617.65

280

Park Donations

375.00

0.00

375.00

290

Police Donations

1,159.32

0.00

1,159.32

450

Capital Projects

8,774.85

0.00

8,774.85

610

Sewer

124,057.07

21,757.52

145,814.59

620

Parking

4,608.03

2,222.90

6,830.93

630

Ambulance

45,717.52

16,087.88

61,805.40

 

Totals

368,309.40

293,068.34

661,377.74

 

     Applications for Operator’s Licenses:  Approve the issuance of Regular Operator’s Licenses for the period 03/30/10 to 6/30/11 to:

 

Krista Lynn Baum           819 Wasson Lane #102                 River Falls, WI

Shaun E. Gary             526 Fourth Street North              Hudson, WI

Debra A. Johnson           1707 Laurel Avenue                   Hudson, WI

Susan M. Smith            154 County Rd. F                     River Falls, WI

 

And issuance of a Temporary Operator’s License to be used July 2 to July 4, 2010 during the Hudson Booster Days Event to:

 

John M. Herink            1207 Bass Lake Road                  Hudson, WI

 

Consider agreement for collection agency services for EMS billing:  Approve the City of Hudson/St. Croix E.M.S. entering into an Agreement with Americollect, Inc. to serve as a collection agency for the EMS outstanding receivables, as submitted.

 

     Application of Hudson Boosters, Inc. for Temporary Class “B”/”Class B” Retailer’s License to sell beer and wine July 2 to July 4, 2010:  Approve the issuance of a Temporary Class “B”/”Class B” Retailer’s License to the Hudson Boosters, Inc. to sell beer and wine July 2-4, 2010 during Hudson Booster Days in Lakefront Park.

 

Application of Hanson Bros. Golf Holdings, LLC for Class B beer and Class B liquor License d/b/a Hudson Golf Club, 201 Carmichael Road, Hudson, WI:  Approve the issuance of a Class B beer and Class B liquor license to Hanson Bros. Golf Holdings, LLC d/b/a Hudson Golf      Club at 201 Carmichael Road, contingent upon surrender of the current license held by Hudson Wisconsin Country Club, Inc.

 

 Review bids and consider accepting proposal for providing portable restrooms:  Approve entering into a three-year contract with Apostle Septic to provide portable restrooms in various City park locations.

 

Consider request of St. Croix Tree Service to extend the contract for tree removal and trimming:  Approve a one-year extension of the      current contract with St. Croix Tree Service for tree removal, trimming and stump grinding services.

 

Review costs for fertilizing and broadleaf weed control for City rights of way and City Parks:  Approve awarding the 2010  broadleaf weed control and fertilizing contract to Biolawn in the amount of     $6,285.70, contingent on Biolawn providing a Nutrient Management Plan and Material Safety Data Sheets prior to the startup of the program.

 

Consider no parking on Hosford Street at Dominion Drive:  Approve no parking on the north side of Hosford Street between Dominion Drive and the driveway, and one car length on the west side of Dominion Drive at Hosford Street from the stop sign; and to include painting the curb on the north side between Boulder Ridge and Comfort Inn.

 

     Request for 5th Annual Ragnar Relay Foot Face, August 20-21, 2010:  Approve the 5th Annual Ragnar Relay Foot Race August 20-21, 2010, with the relay exchange point in Lakefront Park.

 

     Request for Locust Street Car Shows, first Fridays May to September: Approve the Locust Street Car Shows to be held on Locust Street between      Second and Third Street, from 5:30 p.m. to 9:10 p.m. on the first Friday of each month May through September.

 

Consider one-hour parking during winter months for 100 block of Vine Street:  Approve changing the no parking to one-hour parking on the north side of the 100 block of Vine Street, from November until March.

 

 REPORTS OF CITY OFFICIALS, BOARDS, and COMMISSIONS:  Place on file the report of the St. Croix E.M.S. Chief, and the Public Utility Commission minutes of 3/9/10, St. Croix E.M.S. Commission minutes of 3/9/10, and the Community Access Board minutes of 3/23/10.

 

     Roll call vote taken.  All ayes (6) MOTION CARRIED.

 

     Conditional Use Permit to expand the area for non-metallic mining in St. croix Business Park from 9.3 to 18.9 acres, Outlot 1, St. Croix Business park – Milestone Materials:  Denny Darnold shared information about the request by Milestone Materials for a Conditional Use Permit to expand the area for non-metallic mining from 9.3 acres to 18.9 acres in St. Croix Business Park.  He noted the Plan Commission recommended approval of the permit for the expansion, with the conditions noted on the issue sheet.

 

     Information was shared regarding the three parties who expressed concerns at the Plan Commission’s Public Hearing.  Mr. Darnold read a letter from Mr. Craig Shirley stating his concern about noise that may be disruptive to the Special Children’s Center.  He stated they had arrived at a workable resolution to his concern and he would not stand in the way of the project. 

 

     A representative from the Mimbach Quarry was present, and Mayor Knudson offered Council the opportunity to hear his presentation.  MOTION by O’Malley, second by Burchill to approve the Conditional Use Permit to Milestone Materials to expand the area for non-metallic mining  of the Mimbach Quarry in St. Croix Business Park from 9.3 to 18.9 acres, with the following conditions:

·         A minimum of three feet of dirt cover required, as part of the reclamation plan.

·         An Erosion Control Plan for the designated quarry area of the site to be submitted for approval by the City Engineer and Community Development Director

·         Security in a form acceptable to the City Attorney of $4,000 per acre, to secure the implementation of the reclamation plans

·         No sales of black dirt from the quarry

·         Hauling access road to access at Hanley Road only

 

     Mr. Darnold pointed out that the operator of the quarry has worked with the people who had concerns, and arrived at an agreeable resolution.  Wyland inquired about the area after the quarry is closed.  Mr. Darnold stated it would likely be in about twenty years, and that St. Croix Business Park may want to use the area for industrial use or it could become recreational, or a combination of those uses.  All ayes (6), MOTION CARRIED.

 

     Consider rezoning parcels of property for consistency with land uses and zoning designations in the City Comprehensive Plan – Ordinance No. 3-10:  Denny Darnold provided information regarding Ordinance 3-10 and the rezoning of properties to allow consistency between the future land use designations and the zoning map.  He addressed questions from the Public Hearing regarding changing properties from R-2, Two-family Residential District to B-3, Central Business District. 

 

     Mr. Darnold stated the Plan Commission looked at where the Central Business District would likely expand in future years, and determined it would be on the East side of Third Street from Walnut Street to Locust Street.  He noted it appeared to be the logical location for the Central Business District to expand, if Council and the Plan Commission so desired.  He also stated the plan could be reviewed in the future. 

 

     MOTION by O’Malley, second by Brokaw for a first reading of Ordinance number 3-10.  Discussion was held regarding parking, payment in lieu of parking, and the State law changes making comprehensive planning more difficult.  Additional discussion was held concerning re-zoning changes, the Comprehensive Plan, and the need to look into it further.  All ayes (6) MOTION CARRIED.

 

     Consider transfer of $90,000 from restricted cash balance to meet EMS cash flow:  MOTION by O’Malley, second by Bernard to approve the transfer of $90,000 from restricted cash balance to meet EMS cash flow needs, as recommended by the Finance Committee and St. Croix EMS Commission.  Alderperson O’Malley pointed out that capital funds are being used for operating expenses, and a better way has to be found.  All ayes (6), MOTION CARRIED.

 

Consider funding for EMS S.E.R.T. Program:  Mayor Knudson stated the Finance Committee recommended postponing consideration for funding for the EMS S.E.R.T. Program until a future date, to allow for further study by the EMS Chief, and to obtain additional financing information.  MOTION by O’Malley, second by Bernard to postpone consideration of funding for EMS S.E.R.T. Program.  All ayes (6), MOTION CARRIED.

 

Application of Mark Bongers for Special Event Permit for Gopher to Badger Race event August 14, 2010:  The Finance Committee and Department Heads recommended approval of the Special Event Permit application from Mark Bongers for the Gopher to Badger Race event.  MOTION by Burchill, second by Bernard to approve issuance of a Special Event Permit to Mark Bongers for the Gopher to Badger Race Event on August 14, 2010 contingent on all signage being picked up at the completion of the event, and to allow the event to start at 6:00 a.m., and to reduce the amount of insurance coverage required to $1 million dollars each occurrence, and $2 million dollar general aggregate.  All ayes (6) MOTION CARRIED.

 

     Consider remodeling plans for EMS space in lower level of City Hall:  Mayor Knudson presented information regarding remodeling plans for EMS space in the lower level of City Hall.  He recommended authorizing up to $29,000 be spent on remodeling the first floor of City Hall for the EMS Department, with $25,000 coming from the $200,000 budgeted for the First Street remodeling project, plus $4,000 that is already in the 2010 Capital Outlay budget for carpet replacement.  (The Public Safety Committee recommended Option Two for EMS renovations.) 

  

     Mayor Knudson shared information regarding the remodeling options, including the garage space.  He noted need for engineering plans and specifications and a full formal bid process for the garage remodeling to consider changing the current three door system to two doors.  Funding that portion of the project would be considered at a later time, but the engineering would be part of the $29,000.  MOTION by Morrissette, second by Bernard to approve up to $29,000 for remodeling the lower level of City Hall for EMS space.  All ayes (6) MOTION CARRIED.

 

     Request to fill vacancy of Clerk II position in Police Department:  MOTION by O’Malley, second by Wyland to approve filling the Clerk II position in the Police Department.  Mayor Knudson stated the Finance Committee and the Police Chief recommended filling the vacancy that was created due to the transfer of an employee to a different Department.  All ayes (6), MOTION CARRIED.

 

 Equipment request for Interview Rooms in Police Dept. remodeling project:  Mayor Knudson stated that the Finance Committee recommended approval of the equipment request for interview rooms in the Police Department remodeling project, and explained the plans.  It was noted that $2,700 was available from current donations; the balance would be funded from Capital Outlay in the bond issue. MOTION by Burchill, second by Brokaw to approve the purchase of video recording system equipment from Home Electronic Specialists at a cost of $5,473.83, and installation in the interview rooms in the Police Department.  All ayes (6) MOTION CARRIED. 

 

     Detour route for 2nd and Vine Street Intersection Improvement Project:  Information was shared regarding a detour route during the Second Street and Vine Street Intersection Improvement Project.  Bonestroo Engineer Chuck Schwartz explained the proposed traffic route recommendation.  He provided information about considerations regarding the pedestrian crossing, additional signage, and detour enhancements that would include longer green lights.

 

     Discussion of the route was held.  Mr. Schwartz pointed out the detour is geared for through traffic, and they believe it would be better to move the traffic to a strong, stable road as quickly as possible.  The route would be observed for thirty days to determine if any changes would be needed.

 

     Mr. Schwartz stated the next step of the process would be for Council to consider plans and specifications, plus alternates, at the April 19th meeting. After Council approval, Bonestroo would advertise the project for bids.  MOTION by O’Malley, second by Bernard to approve the recommended detour, as presented, for the Second and Vine Street Intersection Improvement Project.  All ayes (6), MOTION CARRIED.

 

     request of final stretch inc. for triathlon race september 4-5, 2010:  MOTION by Bernard, second by O’Malley to approve the request of Final Stretch Inc. for a Triathlon race September 4-5, 2010 as recommended by the Public Safety Committee with the addition of an alternate route, if needed, in case of road construction. Bernard stated an alternate route was provided to Council.  All ayes (6) MOTION CARRIED.

 

     Consider 2010 Deer Management Program with River Valley Deer Management, and consider Ordinance No. 5-10 to allow bow hunting in the City, within Deer Control Program:  MOTION by O’Malley, second by Wyland for first reading of Ordinance No. 5-10 to allow bow hunting in the City, within a Deer Control Program.

 

     Alderperson Morrissette stated his desire to have District 1 excluded, unless the private property owners request to have their property be included.  Mayor Knudson provided information about RiverValley Deer Management, LLC, and the criteria for being included in their group, and locations that could be included in hunt.  He also explained that the controlled, archery-only hunt would be of no cost to the City and would happen in the fall of 2010.

 

     Discussion was held concerning the areas of City property where hunting could take place, not Park land.  Additional information was shared regarding a similar program in the Village of North Hudson.  It was noted that the topic could also be included on the upcoming Park Board agenda.  Ayes (5), noes (1) - - Morrissette; MOTION CARRIED.

 

     Consider adoption of state smoking ban laws – Ordinance No. 4-10:  Mayor Knudson provided background information regarding Act 12, the State smoking ban.  He noted the laws banning indoor smoking will go into effect on July 5, 2010. 

 

     Police Chief Marty Jensen stated that the City should enact an ordinance similar to the State Statutes so local enforcement can be handled at the municipal level, and not sent to the State. 

 

     MOTION by O’Malley, second by Bernard to suspend the rules toward adoption of Ordinance 4-10.  Roll call vote taken, all ayes (6), MOTION CARRIED. MOTION by O’Malley, second by Brokaw to adopt the following:

 

Ordinance No. 4-10

adoption of state smoking ban laws

(Copy on file in the Clerk’s office)

 

     Discussion was held concerning the bond amount, amount and collection of fines, ability of the municipality to be more restrictive than State requirements, and enforcement.  O’Malley clarified his motion was to adopt the ordinance as written.  All ayes (6), MOTION CARRIED.

 

     Review bids and consider accepting proposal for spring and fall Leaf collection Program:  Public Works and Parks Director Tom Zeuli provided information regarding the options for the Spring and Fall Leaf Collection Program.  (The Request for Proposals was posted on the City’s website and published in the Star Observer newspaper for two weeks.)  He stated one bid was received from River City Disposal (RCD), and they have had the contract since the City began the yard waste drop off program.  He explained the two quotes that were received; one if plastic bags are used, at a cost of $19,350.00, and one if biodegradable bags are used, at a cost of $16,312.50. 

 

     Lengthy discussion was held regarding the programs in other municipalities, landfill vs. compost, and the emptying of leaves from any plastic bags.

 

     MOTION by O’Malley, second by Wyland to accept the $19,350.00 proposal from River City Disposal for the Spring and Fall Leaf Collection Program unless a split program can be used, with both kinds of bagging options, if possible. Additional information was shared about the options available, landfill vs. compost, and staffing the drop off site.  Ayes (6), MOTION CARRIED. 

      

COMMUNICATIONS AND RECOMMENDATIONS OF THE MAYOR:  Mayor Knudson reported that Census information is due by April 15th and is confidential information.  There are Census employees available at the Municipal Building to answer questions or offer assistance if needed.

  

     COMMUNICATIONS AND ITEMS FOR FUTURE AGENDAS:  Alderperson O’Malley requested that there be an agenda item at the April 19, 2010 meeting to discuss applications for the liquor license that was created recently.

 

     Alderperson Brokaw announced that she has decided to withdraw as a candidate for the position of Alderperson in District 2 that is on the April 6, 2010 ballot.  Clerk Korson explained that her name will still appear on the ballot, and that if she should win, she may decline in writing to hold the office.  The position would then be filled following the provisions in Chapter 17 of Wisconsin Statutes.

 

     City Administrator Devin Willi announced that the Spring Election would be held on April 6, 2010.

 

CLOSED SESSION: pursuant to §19.85(1)(g), Wis. Stats. to confer with legal

counsel regarding current litigation with Lifeline Systems, Inc. d/b/a LifeQuest and pursuant to §19.85 (1)(e), Wis. Stats. to deliberate regarding the possible sale of public property at 701 Second Street, Hudson, WI:  Mayor Knudson stated that the possible sale of public property at 701 Second Street would not be a topic for Closed Session consideration.  MOTION by O’Malley, second by Brokaw to convene into Closed Session pursuant to §19.85(1)(g), Wis. Stats. to confer with legal counsel regarding current litigation with Lifeline Systems, Inc. d/b/a Lifequest.  Roll call vote taken all ayes (6) MOTION CARRIED at 8:33 p.m.

 

     Reconvene in Open Session for possible action re: litigation with Lifeline Systems:  MOTION by O’Malley, second by Burchill to reconvene into open session for possible action regarding litigation with Lifeline Systems.  All ayes (6) MOTION CARRIED.

 

     MOTION by O’Malley, second by Bernard to direct the City’s attorney to proceed as discussed.  All ayes (6) MOTION CARRIED.

 

ADJOURNMENT:  MOTION by O’Malley, second by Morrissette to adjourn the meeting.  All ayes (6) MOTION CARRIED at 9:40 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 set forth therein.

  

 

Dean R. Knudson, Mayor