CITY OF HUDSON COMMON COUNCIL

MEETING MINUTES OF JUNE 7, 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, Mary Yacoub, Lori Bernard, Lee Wyland, Scot O’Malley, Alan Burchill.

 

     OTHERS PRESENT:  Devin Willi, Catherine Munkittrick, Betty Caruso, Tom Zeuli, Marty Jensen, David Gray, Mike Murphy, Dean Hanson, Patt Colten, Carmen Croonquist, Theresa Spiers, Scott Moore, Randy Hanson, Chuck Schwartz, Gordon Conard, Sharon Horne-Ellstrom, Greg Ellstrom, Scott Matti, Brad Kusmarik, and others.

 

                Comments and suggestions from citizens present:  Mayor Knudson called for comments and suggestions from citizens present, none were given. 

 

     Consent agenda:  Motion by Morrissette, second by Yacoub to approve the following consent agenda items:

 

     MINUTES:  Approve the Regular Meeting minutes of 5/17/10.

 

Certified Survey Map to create two zero lot line lots in a two-family residential district, lot 40 St. Croix Valley Park, 2213 Namekagon Street - Judy Olson:  Approve the Certified Survey Map as proposed by    Judith Olson to create two zero-lot line lots on Lot 40 of St. Croix Valley Park, 2213 Namekagon Street, with the requirement that the party wall agreement is recorded at St. Croix County Register of Deeds office, and a copy of the recorded agreement is provided to the City.

 

Claims:  Approve the following claims for payment:

 

FUND

DESCRIPTION

PAYABLES

PAYROLL

TOTALS

100

General

100,156.09

161,948.70

262,104.79

280

Park Donations

4,136.78

0.00

4,136.78

290

Police Donations

42.08

0.00

42.08

450

Capital Projects

104,475.79

0.00

104,475.79

610

Sewer

7,498.14

11,652.69

19,150.83

620

Parking

309.22

1,193.08

1,502.30

630

Ambulance

5,399.82

25,406.96

30,806.78

 

Totals

222,017.92

200,201.43

422,219.35

 

Applications for Operator’s Licenses: Approve the issuance of Regular Operator’s Licenses for the period 06/8/10 to 6/30/11 to:

 

Leah M. Kruzel       248 Annapolis St. E.            West St. Paul, MN

 

And issuance of Regular Operator’s Licenses for the period 7/1/10 to 6/30/12 to:

 

Allan J. Ballard           996 W. 8th St., Apt. 207         New Richmond, WI

Jerrolyn D. Berg           611 Quinnell Ave. N.            Lakeland, MN

Evelyn D. Dawson           462 Green Mill Lane             Hudson, WI

Cade J. DiLaura            3912 Hoffman Rd., Apt. 11       White Bear Lake, MN

Kim L. Dugan               702 8th Street North             Hudson, WI

Abby L. Keene              6924 Ashwood Rd. Apt. 104       Woodbury, MN

Sara L. McPhetres          1517 Second Street              Hudson, WI

Chad R. Nieland            612 Lincoln Ave. #105           St. Paul, MN

Teresa L. Peterson         462 Green Mill Lane             Hudson, WI

James G. Worley            2125 55th Avenue                 Baldwin, WI

Angelique R. Young         1005 Morgan Road                River Falls, WI

Briana M. Zontelli         2335 61st Street                 Somerset, WI

 

And issuance of a Temporary Operator’s License to be used during the Hudson Booster Days event 7/2 to 7/4/10 to:

 

Scott A. Newell            858 McDiarmid Drive             Hudson, WI

 

Application of F.D.S. Enterprises, Inc. for Taxicab Service License d/b/a A Taxi/Hudson Taxi, and seven Taxicab Drivers licenses:      Approve the issuance of a Taxicab Service License to F.D.S. Enterprises, Inc. d/b/a A Taxi/Hudson Taxi, contingent on providing    the required certificate of insurance for the 2003 Ford van, and   issuance of Taxicab Drivers Licenses to Timothy Witzel, Robert Francis, Doug Luchsinger, Ronald Nelson, Nathan Gramley, Jeffrey Barneson, and Brian Lovejoy.

 

Application of Clifford Hentz for Amusement Device Owner’s License    permit and for one device located at Dick’s Bar (2010-11 renewal): Approve the renewal of the Amusement Device Owner’s License to Clifford J. Hentz, and the permit for one device at Dick’s Bar.

 

Consider hiring and training temporary employee to work during absence of Accounts Receivable Clerk:  Authorize proceeding with hiring and training a temporary clerical staff person from 7/1/10 to approximately 11/15/10 to assist with Accounts Receivable and other   clerical duties.

 

Review costs for Grandview Park infield imrovements:  Approve the bid of $6,812.00 from Zappa Brothers for the Grandview Park Infield Improvements, to be funded by the Grandview Park Improvement Fund.

 

 Accept Downtown Flood Improvement Study report:  To place on file the Downtown Flood Improvement Study report prepared by Bonestroo.

 

 Authorize advertising for 2010 Sidewalk Replacement Project:  Authorize staff to proceed with the plans and specifications and     advertise for bids for the 2010 Sidewalk, Curb and Gutter Replacement Project.

 

 Review 2010 Street Improvements Project and authorize proceeding with plans and specifications and advertising for bids.  Authorize staff to proceed with the plans and specifications and advertise for bids for the 2010 Street Improvements Project.

 

  Update on Urban Forestry Program.  Accept the goals and objectives for the City tree Program, as presented, and authorize Tom Zeuli to proceed with formation of a City Tree Board and draft of a Tree ordinance.

 

Consider request to restrict parking in 700 block of First Street:  Approve no parking on the east side of First Street from Vine Street north to the First Street Building driveway, and one space north of the driveway.

 

Consider request to restrict parking on both sides of River Ridge Road from Mont Croix Drive to Mayer Road:  Approve no parking on the west side of River Ridge Road from Mont Croix Drive to Mayer Road.

 

Consider request for “Autistic Child” sign on Seventh Street South: Approve “Autistic Child” signs near 406 S. Seventh Street, to be funded by Julie Deaton.

 

Request of Dave Knoke to barricade Locust Street from 10:00 a.m. to 4:00 p.m. on 7/31/10 for Locust Street Market event:  Approve barricading the 200 block of Locust Street on July 31, 2010 from 10:00 a.m. to 4:00 p.m. for the Locust Street Market event.  (Note: Charitable organizations must follow Municipal Code, Chapter 124-5(h) regarding the need for registration.)

 

Request for crosswalks on Stageline Road at Coach Light Drive and East Canyon Drive, and at Stratford Way and Heritage Walk:  Approve the installation of crosswalks with appropriate signage on Stageline Road at Coach Light Drive and East Canyon Drive, and at Stratford way and Heritage Walk, funded by the Sign Budget.

 

Donation of bench in Lakefront Park by Hudson High class of 1966:  Accept the donation of $500 from the Hudson High School Class of 1966 for a memorial bench to be placed in Lakefront Park.

 

     Request of Hudson Boosters to post sponsor signage on Field 5:  Refer to the City Attorney and the Plan Commission the request of the Hudson Booster Club to post sponsor signage on Field 5.

 

Consider Quit Claim Deed to transfer 49.5 foot wide city parcel east of 1003 Crest View Drive to the Claire and Betty Erickson estate:  Approve a Quit Claim Deed to transfer a 49.5 foot wide parcel to the      Claire and Betty Erickson Estate. 

    

REPORTS OF CITY OFFICIALS, BOARDS, and COMMISSIONS:  Place on file the Treasurer’s report, and EMS Commission minutes of 5/13/10, and Community Access Board minutes of 5/25/10.

 

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

 

     Consideration of Special meeting minutes:  O’Malley pointed out that the Library sign will be located on the southwest portion of the 700 First Street Building, not the southeast.  MOTION by Burchill, second by O’Malley to correct the wording in the Special Meeting minutes of May 24, 2010 by changing the location of the Library sign from southeast to southwest.  All ayes (6), MOTION CARRIED.

 

     Conditional Use Permit for Dean Hanson, 1001 First Street, for a stairwell on the west side of the residence near the southwest corner of the lot – Dean Hanson:  Mayor Knudson provided background information regarding the request from Dean Hanson for a stairwell at 1001 First Street due to the topography of his property.  MOTION by Burchill, second by Morrissette to approve a Conditional Use Permit for Dean Hanson at 1001 First Street for a stairwell on the west side of the residence near the southwest corner of the lot.  It was noted that any citizen concerns were dealt with, and no one was present to speak against the request.  All ayes (6) MOTION CARRIED.

 

     Applications for Operator’s licenses:  A request was received to reconsider an operator’s license for Scott Matti, which was previously denied due to alcohol related offenses.  The Finance Committee recommended granting the operator’s license.  MOTION by Morrissette, second by Yacoub to approve issuance of an Operator’s License to Scott Matti, 1202 Hidden Lane, New Richmond, WI (for the license period ending June 30, 2011).  Mayor Knudson noted past practice and the need for flexibility, in some cases; he stated he felt this was a case where making an exception to past practice was warranted.  All ayes (6) MOTION CARRIED.

 

     Application of Grubs Pizzeria & Eatery, Inc. for a Class “B” beer and “Class C” wine license d/b/a Grubbs Pizzeria & Eatery at 816 Carmichael Road:  Mayor Knudson noted there had been a change of ownership for the restaurant at 816 Carmichael Road and the new owner was requesting approval for beer and wine licenses at the location.  The Finance Committee recommended approval.  MOTION by O’Malley, second by Morrissette to approve a Class “B” Beer and “Class C” Wine license for Grubs Pizzeria & Eatery at 816 Carmichael Road.  All ayes (6), MOTION CARRIED.

 

     Consider filling Public Works and Parks maintenance position:  It was noted that the Public Works Committee and Finance Committee recommended approval for filling the vacancy in the Public Works and Parks Department.  MOTION by Morrissette, second by Burchill to proceed with filling one position in the Public Works and Parks Maintenance Department.  Discussion was held about downsizing, and the effect on providing services. Additional information was shared regarding the number of employees in the Department and the “ideal number” needed to provide the desired level of service.  All ayes (6), MOTION CARRIED.

 

    

Annual renewal of alcoholic beverage licenses for the period 7/1/10 to 6/30/11:  Morrissette recused himself.  Mayor Knudson provided information regarding the renewal applications and stated that some had outstanding debt owed to the City or liquor wholesalers, and others had concerns that would prevent them from being approved at this meeting.  The other licenses could be approved contingent on successful completion of their building inspections.  MOTION by O’Malley, second by Bernard to renew the list of alcohol beverage licenses for the period 7/1/10 to 6/30/11, as follows:

 

CLASS B" LIQUOR & "B" BEER  (Full liquor licenses)

HANSON GOLF HOLDINGS                      BARKER'S LANDING, INC.

DBA:  HUDSON GOLF CLUB                     DBA:  BARKER'S BAR & GRILL

AGENT:  JON HANSON                         AGENT:  PETER T. FOSTER

201 CARMICHAEL ROAD                        413 SECOND STREET

 

DOUBLE DIAMOND VENTURES, INC.              CUISINE ENTERPRISE, INC.

DBA:  PIER 500                             DBA:  WINZER STUBE

AGENT:  ANDREW J. KRON                     AGENT:  MARIE SCHMIDT

500 FIRST STREET                           516 SECOND STREET

 

DICK'S BAR OF HUDSON, INC.                 HAG, INC.

DBA:   DICK'S BAR                          DBA: PUDGE’S BAR AND LIQUOR STORE

AGENT: PAUL E. KREMER                     AGENT:  CANDICE J. MURPHY

111 WALNUT STREET                          302 & 304  SECOND STREET

 

D & J' S OF HUDSON, INC.                   WESTIN INC.

DBA:  HUDSON BOWLING CENTER                DBA:   DIBBO’S

AGENT: DAN KLATT                           AGENT: CHARLES A. MCGEE   

1801 WARD AVE. - PLAZA 94                  517 SECOND STREET

 

RETSUB INC.                                SPORTS CLUB INC.

DBA:  BEST WESTERN HUDSON HOUSE INN        DBA:  SPORTS CLUB         

AGENT:  STUART H. SCHULTZ                  AGENT: DANA SMITH

1616 CREST VIEW DRIVE                      601 SECOND STREET

 

APPLEBEE’S RESTAURANTS NORTH LLC                BADGER HOSPITALITIES LLC

DBA:  APPLEBEE'S NEIGHBORHOOD GRILL & BAR  DBA:  GREEN MILL-HUDSON

AGENT:  THOMAS SCHENZ                           AGENT:  LEAH FIDELDY

2201 COULEE ROAD                                2410 GATEWAY BOULEVARD

                                                (Reserve License)

                               

UNIVERSAL HOSPITALITIES LLC                FIESTA LLC

DBA:  AGAVE KITCHEN                        DBA:  LA FIESTA MEXICANA  

AGENT:  DOMINICK PAUL RODE                AGENT:   GERMAN F. DURAN  

501 SECOND STREET                          1801 WARD AVE., PLAZA 94 #240

(Reserve License)                          (Reserve License)

 

THE NOVA OF HUDSON LLC                     Hudson Spirits, LLC

DBA:  THE NOVA OF HUDSON                   DBA:Buffalo Wild Wings GRILL AND BAR

AGENT:  JOHN GAFFER                        AGENT:  MICHAEL CHRISTENSON

236 COULEE ROAD SUITE B                    913 Pearson Drive

(Reserve License)                          (Reserve License)

 

"CLASS A" LIQUOR & "A" BEER (Off-sale liquor stores)

SPIRIT SELLER, LTD.                        CHICONE'S LIQUOR, INC.

DBA: SPIRIT SELLER                         DBA:   CHICONE'S LIQUOR MART

AGENT:  RICHARD FEY                        AGENT:  RICHARD CHICONE

203 SECOND STREET                          2312 A CREST VIEW DRIVE

                          

SSG CORPORATION                           HISTORIC CASANOVA  LIQUORS LLC

DBA:   NORTHLAND LIQUORS                   DBA:  HISTORIC CASANOVA LIQUORS

AGENT: RANDY MORRISSETTE  II               AGENT:  JOHN GAFFER

1801 WARD AVE SUITE 260                    236 COULEE ROAD

 

CLASS C” WINE & "B" BEER (Beer and wine; food must be more than 50% of sales for wine lic.)

 

DRAGON PEARL CHINESE RESTAURANT, INC.      RAGMA, INC

DBA:  DRAGON PEARL CHINESE RESTAURANT      DBA:  KEYS CAFÉ AND BAKERY

AGENT:  KWOK WAI-SUM, JOHN                AGENT:  PENELOPE GODBOUT

431 SECOND STREET                          840 CARMICHAEL RD

 

BORDENAVE LAND HOLDINGS, LLC               C & L PIZZA, LLC

DBA:  BRICK’S NEAPOLITAN PIZZA             DBA:  DOUGH BOYS PIZZA    

AGENT:  KEVIN BORDENAVE                    AGENT:  CHAD E. HOYT

407 SECOND STREET                          1615 MAXWELL DR #1        

 

                          

CLASS "B" BEER  (Beer only)

NORTHFIELD RESTAURANT CORP                MEI S. XIAO

DBA:  PIZZA HUT                            DBA: KINGDOM BUFFET

AGENT: JAMES GERLACH                      AGENT:  MEI XIAO

1550 CREST VIEW DRIVE                      2312 CREST VIEW DR

                          

CHIPOTLE MEXICAN GRILL INC.               

DBA:  CHIPOTLE MEXICAN GRILL              

AGENT:  SAHUL FLORES

1021 PEARSON DRIVE                        

 

    All ayes (5), MOTION CARRIED.

 

MOTION by Wyland, second by Yacoub to postpone until June 21, 2010 consideration of the renewal applications from Hudson Liquor, Shanghai Bistro, San Pedro Café, JW Kaladi’s, the Original Red’s Savoy Pizza, and Dolce.  All ayes (6), MOTION CARRIED.

 

     Mayor Knudson stated the Finance Committee discussed in depth the request from the owners of Pudge’s Bar to expand their area of alcohol service to include three levels of their building: the basement, ground floor, and second floor, plus a proposed deck.  It was noted the deck has not been built or approved yet, but Council could approve the license provided the deck meets the basic control features desired for alcohol licensure.  The Finance Committee recommended approval of the proposed areas, subject to successful building inspections.  The applicant was reminded of the requirement for a licensed operator to supervise the area. 

 

     MOTION by Morrissette, second by Burchill to approve the renewal application from HAG, Inc. d/b/a Pudge’s Bar and Liquor Store at 302 & 304 Second Street including the basement, ground floor, second floor, and deck, contingent on successful completion of the building inspections.  Discussion was held regarding ADA compliance, successful completion of the building inspections, parking spaces, the smoking ban, and a question about case law regarding the use of cameras as a method of supervision.  The question was called.  Ayes (5); No (1 - O’Malley),  MOTION CARRIED.

 

     Complaints regarding Ellie’s on Main:  Mayor Knudson provided information regarding a total of six complaints that were received by the City concerning Ellie’s on Main; some were from residents of the City and some from non-residents. He stated that according to Wisconsin Statutes §125.12(2) and (3), the complaints trigger the need to schedule a public hearing.  The Finance Committee recommended scheduling a hearing between 3-10 days from service of the complaint, as required. 

 

     It was noted that a decision was not being made at this meeting about whether the complaints were valid or not.  The existence of the complaints triggers an action that deals with the potential revocation of the existing license, which expires on June 30, 2010. 

 

     Information was shared regarding revocation of a license, renewal license considerations, the timetable requirements regarding sworn complaints, and the need for Council to hold a special meeting.  O’Malley pointed out that Statutes require Council to issue a summons for a hearing.  City Attorney Munkittrick recommended holding the hearing with Council instead of a committee, as allowed by State Statutes. 

 

     MOTION by O’Malley, second by Bernard to schedule a hearing regarding Ellie’s on Main for Monday, June 14, 2010 at 7:30 p.m.  Discussion was held regarding payment for the costs of the hearing.  According to City Attorney Munkittrick, Council could require the complainants to provide a security deposit amount, which would include coverage for service costs, court reporter costs, special meeting (wage) costs, etc.  Mayor Knudson asked if the motion should be amended to include the need for receipt of a security deposit.  O’Malley stated he did not wish to amend his motion to include that requirement.  Ayes (5); Noes: (1 - Morrissette), MOTION CARRIED.  

 

     MOTION by Burchill, second by Morrissette, to direct that the petitioners pay the actual costs of the hearing and provide a $600.00 security deposit to the City, with the understanding that if the complaints are found to be frivolous, or in bad faith, the full security deposit amount would not be returned.  Additional information was shared regarding the security deposit.  Vote taken by raise of hands, Ayes (4); Noes (2 - O’Malley and Wyland).

 

     City Attorney Catherine Munkittrick explained the procedures to be followed for the complainants.  She stated that the Council sits as the decision-making body for the quasi-judicial hearing; the complainant and the licensee are entitled to be represented by an attorney and to present witnesses.  Both are entitled to cross-examine each other’s witnesses; evidence may be presented.  The parties present their case and Council makes a decision based on the evidence presented.

 

Accept resignation of Finance Officer and consider options for filling the position:  Mayor Knudson announced that Finance Officer Betty Caruso has resigned from the City and accepted a new position.  He complimented Ms. Caruso’s years of service to the City and noted the City’s bond rating was improved twice due to her efforts, and that she will be missed.  He reported that the Finance Committee recommended having the City Administrator review the position with the auditor and other professionals in the next few weeks, and to provide a recommendation to Council as soon as possible with possibilities for filling the position and any changes to the job description.

 

     Ms. Caruso advised that the City Administrator should temporarily be assigned as Treasurer so she could sign over to him the authority on investments and any other documents.  MOTION by Morrissette, second by Burchill to, regrettably, accept the resignation of the Finance Officer, Betty Caruso.  All ayes (6) MOTION CARRIED.

 

     MOTION by O’Malley, second by Wyland to authorize Devin Willi to review the position over the next few weeks, to consider options, needs, and changes to the job description, and make recommendations as soon as possible to the Council.  MOTION AMENDED and seconded to include appointing Mr. Willi as Treasurer Pro-Tem.  All ayes (6), MOTION CARRIED.

 

     Consider accepting credit card payments for ambulance service bills:  It was noted that the Finance Committee recommended accepting credit card payments for ambulance services through the regular ambulance billing company.  It was explained that this would provide people with another method for making payment.  There would be no fees for the service during the first year, and then a fee schedule would be presented for Council consideration.  MOTION by Morrissette, second by Bernard to approve accepting  credit card payments for St. Croix E.M.S. service bills (through EMS Medical Billing Associates, with a one-year commitment and no fees at this time).  All ayes (6) MOTION CARRIED.  

 

     Review bids submitted for 2nd and Vine Street Intersection Project:  Mayor Knudson reported that the Finance Committee had forwarded this topic to the entire Council. Bonestroo Engineer Chuck Schwartz presented information regarding the bids opened on May 27th for the 2nd and Vine Street Intersection Project.  He provided details about the base bid amounts, alternate bids, and the cost difference between the apparent low bid and second low bid.

 

     Discussion was continued with the Capital Outlay Needs agenda item. 

 

     Cost estimates for mill and overlay of 11th Street east to Baer Road:  Mayor Knudson stated the Finance Committee recommended approval for the Mill and Overlay project on 11th Street.  He stated the City would “piggyback” with the Town of Hudson on the project.  MOTION by O’Malley, second by Wyland to approve payment of $72,450.00 for the mill and overlay of 11th Street east to Baer Road, with funding to come from the 2009 Capital Outlay for Capital Improvement Projects.  All ayes (6) MOTION CARRIED.

 

     Costs for fuel site software and pump improvements:  Mayor Knudson stated the Finance Committee recommended approval of the software and pump improvements for the fuel site.  It was noted the system could lead to cost savings, and the current system was deficient.  MOTION by O’Malley, second by Wyland to approve accepting the quote of $18,948.00 from Minnesota Petroleum for the purchase and installation of the terminal, software, controller, and tank monitoring for the fuel system, with funding to come from Short Term Capital Outlay.  It was explained that $12,500 of the cost would come from the General Fund Capital Outlay, and the balance would be paid by the Water, Sewer, and Ambulance Departments.  All ayes (6) MOTION CARRIED.   

 

     Review summary of proposed Capital Outlay needs for 2010 and 2011, and determine how to proceed with 2010 debt issuance:  It was noted that the Finance Committee postponed discussion on the topic for full Council consideration.  Finance Officer Betty Caruso presented information regarding fund use and departmental desires.  Discussion was held concerning 2010 projects and how the proceeds from the sale of the 911 Fourth Street Building would be used.   

 

     Handouts regarding the possibility of $3.7 million or $2.0 million issuance were provided, along with an explanation about each option.  The debt levy that would be associated with each issue was explained.  Mayor Knudson stated the Departments have presented wish lists, but much of it would not be able to be done.

 

     Ms. Caruso requested direction in order to proceed.  MOTION by O’Malley, second by Wyland to direct the Finance Officer and Sean Lentz of Ehlers & Associates to look at bonding for $2.5 million for a two-year period.  Discussion was held regarding the bond amount, possible projects, and the desire for the public to see some benefits from the sale of City property.  It was noted that information about a $2 million bond issue would also be presented.

 

     Mayor Knudson stated the bids submitted for the Second and Vine Street Restoration Project were good for 60 days, and this could be discussed further.  Ayes (5); No (1 - Bernard), MOTION CARRIED.

 

     MOTION by Morrissette, second by Yacoub to delay the Second and Vine Street Project until the 2011 capital outlay.  Lengthy discussion was held on the topic.   Mayor Knudson stated a “no” vote didn’t guarantee the project would be done next year either.  Ayes (4); Noes: (2 - O’Malley and Wyland), MOTION CARRIED.

 

     Consider proposed future park in Hudson Meadows Outlot 1:  Mayor Knudson requested further legal review regarding the proposed future park in Hudson Meadows Outlot 1.   He stated the item would go to the Finance Committee when ready.

 

     Consider extension of grant for Tollgate Shelter Project:  It was reported that the Public Works Committee and Finance Committee recommended a letter be sent to the DNR requesting an extension of the Grant for the Tollgate Shelter Project.  Mayor Knudson explained the grant was for $100,000 and provided a brief explanation about the history of the project; he noted the plans grew from a fairly basic plan to a more expensive plan that included flush toilets.  He also noted many City Departments would need to be involved in the decision-making process.

 

     MOTION by Wyland, second by Morrissette to approve sending a written request to the Wisconsin DNR for an extension of the Tollgate Shelter Project grant of $100,000.00.  Discussion was held regarding cost of the proposed project and the ability to request another extension.  All ayes (6), MOTION CARRIED.

 

     Review engineer’s draft for Wisconsin Street Reconstruction project:  Bonestroo Engineer Chuck Schwartz presented information regarding the Wisconsin Street Reconstruction Project and draft report.  He stated that Wisconsin Street had a shoulder for biking and walking, but no curb and gutter, and parking was not allowed.  The improvement project would not require sanitary or water improvements, but storm sewer would be involved.  The project would also require catch basins throughout, and a new storm sewer west of 13th Street towards 11th Street.  He provided detailed information regarding traffic control, permits and easements, cost estimates, cost allocation and financing, the trip generation method for assessments, and a proposed project schedule for construction in 2012. 

 

     Discussion was held concerning project costs, alternate options, and the process of applying for grant funds.  MOTION by Burchill, second by O’Malley to apply for grant money (for 80% of the Wisconsin Street Reconstruction Project) to see how much might be available for the project.  Discussion was held regarding the amount that would be applied for in the grant application.  Alderperson Burchill recommended $560,000.00 which would be approximately 80% of the total project amount. 

 

     Mr. Schwartz provided additional information about the grant application process, the use of a ratio system for approval of the grant, and the factor of other municipalities in the region also applying for grant money. Additional discussion was held regarding the City’s Special Assessment Policy.  Mayor Knudson stated the City would follow the current policy, with the grant or not, noting it is a complicated process.  He also stated the Wisconsin Street project has been postponed many times already.  Ayes (5); Noes (1 -Bernard) MOTION CARRIED. 

 

     Consider application of Patt Colten to erect a fence at 804 Vine Street:  Alderperson Morrissette stated the Public Safety Committee’s recommendation to approve the fence permit application from Patt Colten for Sections A, C, D, and E, with Section D to be replaced rather than repaired; and recommended approval of Section B contingent upon a 60-day delay for interested parties to bring action declaring their rights.  If no action is taken in 60 days, to allow a fence be erected at Section B of Ms. Colten’s property. 

 

     Mayor Knudson asked Building Inspector David Gray to present information since the topic was last discussed.  Mr. Gray stated that late last fall Mr. Moore was permitted to install a six-foot wood fence in the Section C area; it has been completed.  He noted some uncertainty and concern that a portion of Mr. Moore’s chain link fence might be over his property line.

 

     Mayor Knudson stated that the Council was a legislative body that makes ordinances for the City, meets in a ministerial roll to rule on permit applications, but is not a court.  He stated some issues in this neighborhood have to be settled in court; questions about who owns a piece of land would not be under the Council’s jurisdiction.  In the past, fence permits have been granted with the understanding that the fences would be constructed on the permitee’s property.  The City Attorney confirmed that, by ordinance, fence location is the responsibility of the permit holder. 

 

     Additional information was shared regarding the role of the Public Safety Committee; such as emergency vehicle access and visibility concerns.  Zoning considerations were also noted.  City Attorney Munkittrick offered her opinion about the suggested 60-day waiting period; she felt sufficient information has been submitted from Ms. Colten showing the boundaries between the Colten and Moore property.  She noted Council does not determine boundaries; that burden is on the people making claims of property interest in the area.  A property owner must construct fences on their own property. 

 

     Attorney Munkittrick shared information about pending litigation, property claims, and a possible waiting period. She recommended that the City could issue the permit and allow a period of time for delaying construction of the fence if a complaint, motion for a restraining order, or something was filed in court, for a reasonable period of time. 

 

     MOTION by Burchill, second by Morrissette to approve a permit for Patt Colten, to erect a fence at 804 Vine Street, as submitted.  Mr. Gray clarified that the maximum fence height allowed was six feet, and if lattice was included in the fence, it must be within the six foot height restriction.  He stated the barbed wire fence would have to be replaced, as City ordinances do not allow for that type of fence.  There is also a requirement that the finished side of the fence must face outward.  He also recommended the time frame be tied to the issuance of when the permit was issued.  Mayor Knudson stated the current motion did not include a time frame.  Clarification of the motion was requested.  Alderperson Burchill stated the motion was to approve sections A, B, C, D, and E of the fence, with no time restriction.

 

     Mayor Knudson noted Council can approve fence permits; it was up to the applicants to make sure they have a legal right to put the fence up.  He asked if Council wished to hear testimony for or against the motion.  Additional discussion was held regarding the possibility of including a time period for filing claims. Alderperson Burchill stated he didn’t feel Council should be involved in a dispute between property owners; they are responsible to put up a legal fence in the proper location, with no time limit.  Ayes (4); Noes (2-O’Malley and Wyland) MOTION CARRIED.  Mayor Knudson stated the permit was approved and Mr. Gray would issue it;  if anyone wants to pursue legal action, it would be up to them.

 

     Request to designate 10-minute parking space on south side of Walnut Street at corner of 2nd Street:  Alderperson O’Malley recommended removing one of the two existing 10-minute parking spaces that are currently on the west side of Second Street (the southern most one), and adding one space on the southwest corner of Walnut at Second Street.  MOTION by O’Malley, second by Burchill to remove the southern most 10-minute parking space on Second Street (near Walnut) and replace it with a 10-minute parking space on the southwest corner of Walnut and Second.  Discussion was held regarding the recommendation from Public Safety, to keep both 10-minute spaces on Second Street and add the one on Walnut.  Additional discussion was held regarding enforcement and the time period that the spaces were needed and used.  Roll call vote taken; Ayes (3 - O’Malley, Burchill, Bernard) Noes: (3 - Morrissette, Wyland, Yacoub), Mayor Knudson voted yes.  MOTION CARRIED.

 

     Update on Projects:  Mr. Schwartz’s report was included in the packet.

 

     CLOSED SESSION pursuant to §19.85 (1)(e), Wis. Stats. to deliberate regarding negotiating strategy with respect to possible offer to purchase and deliberate regarding sale strategy with respect to 701 Second Street, Hudson, WI:  Mayor Knudson announced Closed Session was being held pursuant to Wis. Stats. 19.85 (1)(E) to deliberate regarding negotiating with respect to possible offer to purchase and deliberate regarding sale strategy with respect to 701 Second Street, Hudson, WI.  MOTION by Morrissette, second by Bernard to convene into Closed Session as announced by Mayor Knudson.  Roll call vote taken, all ayes (6) MOTION CARRIED at 9:40 p.m.

 

     Reconvene in Open Session for possible action re: offer to purchase and possible sale of property at 701 Second Street:  MOTION by Burchill, second by O’Malley to reconvene into open session.  All ayes (6) MOTION CARRIED at 10:07 p.m. (Topic was not discussed.)

 

     ADJOURNMENT:  MOTION by Burchill, second by Wyland to adjourn the meeting.  All ayes (6) MOTION CARRIED at 10:07 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