CITY OF HUDSON COMMON COUNCIL

MEETING MINUTES OF MONDAY, JULY 19, 2010

 

     Meeting called to order by Mayor Dean Knudson in the Council Chambers of City Hall at 7:05 p.m.  Mayor Knudson led those present in the Pledge of Allegiance.

 

     Present:  Mayor Knudson and Alderpersons Randy Morrissette, Mary Yacoub, Lori Bernard, Scot O’Malley, Alan Burchill.

 

    Absent:  Alderperson Lee Wyland was excused.

 

     OTHERS PRESENT:  Catherine Munkittrick, Denny Darnold, Tom Zeuli, Chuck Schwartz, Lieutenant Paul Larson, Todd Barnhardt, Joseph David McGowan, Patrick Richter, David Gray, Todd Scanlan, Andrea Jorgensen, Jordan Willi, 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 O’Malley to approve the following consent agenda items:

 

minutes:  Approve the regular meeting minutes and Closed Session minutes of 7/6/10, as amended with the correction of an attorney’s name.

 

Conditional Use Permit review of outside storage at 1500 Crest View              Drive – Valley Pools and Spas of Hudson:  Renew the Conditional Use Permit to Valley Pools and Spas, 1500 Crest View Drive, for three years to 2013, with the conditions of the initial approval to only display pools and spas, and that the display area is enclosed by a five foot high fence that can be secured.

 

     Claims:  Approve the following claims for payment (Note: payments totaling $800.00 for Knoke’s Chocolates Inc. and Kris Tjornehoj/Community Band, were removed):

 

FUND

DESCRPITON

PAYABLES

PAYROLL

TOTALS

100

General

71,681.93

137,813.84

209,495.77

280

Park Donations

3,450.00

0.00

3,450.00

290

Police Donations

45.00

0.00

45.00

450

Capital Projects

22,156.09

0.00

22,156.09

610

Sewer

106,389.43

13,036.20

119,425.63

620

Parking

822.34

1,197.93

2,020.27

630

Ambulance

6,486.45

9,180.31

15,666.76

 

Totals

211,031.24

161,228.28

372,259.52

 

     Applications for Operator’s Licenses:  Approve the issuance of Regular Operator’s Licenses for the period 07/20/10 to 6/30/12 to:

 

Ted J. Bauermeister        1148 208th Avenue                New Richmond, WI

James D. Mulhollam         680 a Circle Pine Drive         New Richmond,

Bernadette Murphy          805 Sixth Street                Hudson, WI

 

And issuance of Temporary Operator’s Licenses to be used during the Spirit of St. Croix Art Festival 7/25 to 7/26/10 to:

 

Andrea A. Jorgenson             775 Starlight Avenue            Hudson, WI

Kimber L. Heinemann             558 Perch Lake Road             Hudson, WI

 

 Application of Hudson Area Chamber of Commerce & Tourism Bureau for Special Event Permit for the Spirit of the St. Croix Art Festival in Lakefront Park September 24-27, 2010, and designation as a Community Event:  Approve issuance of a Special Event Permit to the Hudson Area Chamber of Commerce & Tourism Bureau for the Spirit of the St. Croix Art Festival in Lakefront Park September 24-27, 2010, with the requirement of signage near the entrance notifying the public that parking space is available for persons with disabilities, and that all signage be picked up at the completion of the event, and to designate the event as a Community Event, and to allow a reduction in the amount of required insurance coverage, as submitted.

 

 Application of Hudson Area Chamber of Commerce & Tourism Bureau for Temporary Class “B”/”Class B” Retailer’s License to sell beer and wine September 24-27, 2010 at the Spirit of the St. Croix Art Festival in Lakefront Park:  Approve the issuance of a Temporary Class “B”/”Class B” Retailer’s License to the Hudson Area Chamber of Commerce & Tourism Bureau to sell beer and wine September 24-27, 2010 at the Spirit of the St. Croix Art Festival in Lakefront Park.

 

Application of St. Patrick’s Church for Temporary Class “B”/”Class B” Retailer’s License to sell beer and wine Oct. 1-3, 2010 at the annual Fall Festival, 1500 Vine Street, Hudson:  Approve the issuance of a Temporary Class “B”/”Class B” Retailer’s License to St. Patrick’s Church to sell beer and wine Oct. 1-3, 2010 at the annual Fall Festival, 1500 Vine Street, Hudson.

 

     Consider proceeding to fill vacancy in part-time Deputy Municipal Court Clerk position:  Authorize the City Administrator to proceed with filling the part-time Deputy Court Clerk position.

 

     Review specifications to obtain quotes for replacing garage doors on Public Safety Building:  Approve advertising for quotes for new doors with remote openers to be installed on the Fire Department’s side of the Public Safety Building.

    

REPORTS OF CITY OFFICIALS, BOARDS, and COMMISSIONS:  Place on file the Quarterly report of the Fire Department and Building Inspector, the EMS Commission minutes of 7/8/10, and the Public Utility Commission minutes of 7/13/10.

 

Roll call vote taken.  All ayes (5) MOTION CARRIED.

 

  

     Conditional Use Permit to erect a 24’ x 76’ temporary classroom at 1232 fifth Street (north of the Trinity Academy parking lot) – Good Shepherd Christian Academy:  Denny Darnold provided information regarding the request from Good Shepherd Christian Academy.  He stated the Plan Commission recommended approval of the Conditional Use Permit for a classroom structure for two years and noted the conditions of the Building Inspector and Fire Inspector must be complied with prior to issuance of an occupancy permit.  Alderperson Morrissette asked about any removal of trees.  Darnold stated he had visited with Trinity Lutheran Church, and they plan to remove the trees.

 

     MOTION by Burchill, second by Bernard to approve a Conditional Use Permit to Good Shepherd Christian Academy at 1232 Fifth Street for a temporary classroom structure for two years, with the condition that the recommendations of the Building Inspector and Fire Inspector are complied with prior to issuance of an occupancy permit.  All ayes (5) MOTION CARRIED.

 

     applications for Operator’s Licenses:  Mayor Knudson stated that new information was shared during the Finance meeting that caused Lieutenant Larson to change his recommendation from denial to approval.  Mayor Knudson reviewed past practices and noted the informal policy that offences that occur within the past five years, or less, carry more weight regarding the recommendation for denial.  It was noted the application from Joseph David McGowan was reviewed very closely, and the Finance Committee recommended approval. MOTION by O’Malley, second by Morrissette to approve issuance of a regular operator’s license for the period 7/20/10 to 6/30/12 to Joseph David McGowan, 158 Bridgewater Trail, Hudson.  All ayes (5) MOTION CARRIED.

 

Consider adoption of odd/even parking ordinance and funding – Ordinance No. 12-10:  Mayor Knudson stated an Ad Hoc sub-committee and the Safety Committee spent substantial time on the possibility of creating an odd/even parking ordinance.  He noted the Public Works Committee did not have a chance to consider the matter, but they were willing to have the topic come before Council directly.  The proposed Ordinance was reviewed.  MOTION by O’Malley, second by Bernard for a first reading of Ordinance 12-10.  Discussion was held regarding the difficulties it would present for residents and enforcement. 

 

     Alderperson Yacoub called attention to her concerns in the Red Cedar Canyon area where 179 homes have either only even house numbers or only odd house numbers on both sides of the street.  She stated she would prefer a snow emergency system instead. 

 

     The position of the Public Works Department was shared.  It was noted that they would prefer something predictable for the residents and the Department to follow.  Tom Zeuli also shared information about signage.  Lengthy discussion was held regarding ticketing and towing of vehicles, the possibility of a snow emergency system, off-street parking availability, and the house numbering situation.

 

     MOTION RECINDED by O’Malley.  MOTION by O’Malley, second by Bernard to send the proposed odd/even parking ordinance back to the Public Works Department for additional work by the Public Works staff and the Committee.  All ayes (5) MOTION CARRIED.

 

     Recommendation from Revolving Loan Fund Committee re: request of Tom scanlan, Indue Sales and Services, Inc. for St. Croix Business Park loan funds for equipment and parking lot improvements:  The Finance Committee and the Revolving Loan Fund Committee recommended approval of the request from Tom Scanlan/Indue Sales and Services, Inc. for a $64,000 loan to purchase an industrial flooring grinder for $34,000, and to use the balance to make parking lot improvements. 

 

     Denny Darnold provided information on the loan agreement, such as the interest rate of 4.25%, a seven year term, seven year amortization, and first lien position.  He stated it would also create at least two full time jobs and six part time jobs in the City of Hudson within the next two years.  Mr. Scanlan was present to answer any questions.  Mr. Darnold also reported that Mr. Scanlan had a previous loan and was on time with the loan payments.

 

     MOTION by Morrissette, second by Yacoub to approve the request by Indue Sales and Services, Inc. for $64,000 of St. Croix Business Park revolving loan funds, as recommended by the Finance Committee and the Revolving Loan Fund Committee.  All ayes (5) MOTION CARRIED. 

 

     Update on Projects:  Bonestroo Engineer Chuck Schwartz presented information about the status of the 2009 Street Improvement project.  He stated a meeting was held July 14th and another meeting, with the pavement specialist, was scheduled for July 20, 2010.  He noted Scott Construction indicated that they would not walk away from the project and that they were not proud of the work.

 

     The Tire Proz parking lot has been paved, minor items remain.  The Heritage Cottages bituminous surface course on Ivy, Patron, and Inspiration has been completed.  Alderperson Morrissette requested information about the road repairs at the Goodwill location.

 

     Review and consider modifying the conditions of approval for the Certificate of Compliance for child day care, Little Minds Learning Center, 2400 Foxglove Way – Todd Barnhardt:  Denny Darnold presented information regarding the request from Todd Barnhardt to amend the certificate of compliance for the Little Minds Learning Center day care regarding the hours of use and the number of children allowed in the outdoor play area.  The Plan Commission also recommended approval of the amendment to remove the conditions.

 

     MOTION by Morrissette, second by Burchill to amend the Certificate of Compliance (for Little Minds Learning Center, 2400 Foxglove Way) to remove the conditions on limiting the number of children that may be in the outdoor play area (15) and the hours from 10:00 a.m. to 4:00 p.m.

 

     Mr. Darnold stated he had not been able to speak to the neighbors.  Additional information was shared regarding concerns by the Wisconsin Department of Health and Family Services, that the City of Hudson placed conditions on the Certificate of Compliance when similar conditions were not applied to other day care facilities in the City, and particularly day cares located in close proximity to residential areas.

 

     Mayor Knudson felt the City should defend their prerogative, as a City, to impose conditions under the Certificate of Compliance criteria, or remove it from the Municipal Code.  It was requested that the minutes reflect that the vote was only regarding this specific circumstance, not signaling a change in policy.  All ayes (5) MOTION CARRIED.

 

     Consider amending Library’s Lease Agreement for 700 First Street building:  Mayor Knudson provided information about the purchase agreement dated 12/16/09 between the City of Hudson and the Hudson Area Joint Library.  He noted the Library has an option to purchase property known as 700 First Street and 701 Second Street.  They conditionally approved a Purchase Agreement for the sale of 701 Second Street by the City, with one of the conditions being a reduction on the purchase price of the remaining property.  Details about the property purchase price, selling price, and an additional sum per year were shared. 

 

     City Attorney Catherine Munkittrick explained the revised addendum she presented at the meeting.  She noted the purchase price for 700 First Street shall be Two Million, Two Hundred Forty Thousand dollars plus, beginning January 1, 2011, an additional sum per year of One Hundred Twelve Thousand dollars.  The option price on January 1, 2011, shall be $2,352,000, and increasing each January 1 thereafter by $112,000.

 

     MOTION by O’Malley, second by Bernard to approve the revised Addendum to the Lease and Option to Purchase Agreement between the City of Hudson and the Hudson Area Joint Library, as presented.  All ayes (5) MOTION CARRIED.

 

     Consider elevator maintenance contract for 700 First Street:  City Attorney Catherine Munkittrick provided information about the options offered for elevator maintenance contract for the older elevator at 700 First Street.  Mayor Knudson recommended approving the Bronze Level contract and the contract negotiations.  Ms. Munkittrick recommended having the contract include release of the 911 Fourth Street elevator contract.

 

     MOTION by O’Malley, second by Burchill to approve the Bronze Level maintenance contract for the older elevator at 700 First Street, conditional on release of the previous contract (for the elevator at 911 Fourth Street).  All ayes (5) MOTION CARRIED.

 

     COMMUNICATIONS AND RECOMMENDATIONS OF THE MAYOR-Consider appointment to St. Croix Business Park Board of Directors:  Mayor Knudson requested consideration of his suggestions for appointments to the St. Croix Business Park Board of Directors.  He explained past practice regarding the three positions and the appointment of members to the Board, and requested approval that he be appointed to serve as the City’s member of the Board. 

 

     Mayor Knudson also complimented current City representative, Jack Breault, for his leadership, and noted he has been integral to the growth and development of the Business Park.  Mayor Knudson suggested that Jack Breault be replaced as the City appointed member, and nominated him to fill position recently vacated by Dick Pearson as the third Board member.  He also noted the third member could only be removed or replaced by consent of both the Xcel member and the City member.  Mayor Knudson stated if his appointment was approved, he would ask for unanimous consent for Mr. Breault’s appointment at the next meeting of the Board. 

 

     MOTION by Burchill, second by Yacoub to appoint Mayor Knudson to serve as the City’s member on the Board of Directors of the St. Croix Business Park Corporation, and to nominate Jack Breault as the third member of the Board.  Discussion was held regarding the possibility of having Mr. Breault’s appointment confirmed before Mayor Knudson’s to insure that Mr. Breault’s position would be secured.  Alderperson Burchill declined amending the motion to include that condition.  All ayes (5) MOTION CARRIED.

    

 

     CLOSED SESSION pursuant to §19.85(1)(g), Wis. Stats. to confer with legal counsel who is giving oral or written advice concerning strategy to be adopted by the body with respect to litigation in which the City is involved involving      Sharon Horne Ellstrom LLC v. City of Hudson:  Mayor Knudson announced Closed Session was being held pursuant to §19.85 (1)(g) Wis. Stats. to confer with legal counsel who is giving oral or written advice concerning strategy to be adopted by the body with respect to litigation in which the City is involved regarding Sharon Horne Ellstrom LLC v. City of Hudson.  MOTION by Morrissette, second by Yacoub to convene into Closed Session as announced by Mayor Knudson.  All ayes (5) MOTION CARRIED at 8:07 p.m.

 

     Reconvene in Open Session:  MOTION by O’Malley, second by Yacoub to reconvene into open session.  All ayes (5) MOTION CARRIED at 8:28 p.m. (Topic was not discussed.)  

 

ADJOURNMENT:  MOTION by O’Malley, second by Burchill to adjourn. All ayes (5), MOTION CARRIED at 8:28 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