CITY OF HUDSON COMMON COUNCIL MEETING

MINUTES OF SEPTEMBER 22, 2008

 

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 and Alan Burchill.

 

OTHERS PRESENT:  Devin Willi, Cathy Munkittrick, Betty Caruso, Marty Jensen, Sue Gherty, Denny Darnold, Paul Larson, Jim Frye, Bill Radosevich, Paul Rode, Yvonne Larsen, Chuck Schwartz, Randy Hanson, Evy Nerbonne, Norm Matzek, Ruth Peterson, Susie Gilbert, Linda Donaldson, James Wildman,  Jennifer Wildman, Regan Barkla, Lorayne Hinzman, Melanie Schorr, and others.

 

Municipal Judge Susan Gherty administered the Oath of Office to Hudson Police Patrol Officer James Wildman.  Jennifer Wildman pinned the badge on her husband’s uniform.

 

COMMENTS AND SUGGESTIONS FROM CITIZENS PRESENT:  Mayor Knudson called for comments three times; none were given.

 

     CONSENT AGENDA:   MOTION by Morrissette, second by Brokaw, to approve the following Consent Agenda items:

 

MINUTES:  Approve the Regular Meeting minutes of 9/02/08.

 

 Application for a Conditional Use Permit for a veterinary clinic at 1901 Ward Avenue (easterly unit of Plaza 94) – Countryside Veterinary Clinic:  Approve a Conditional Use Permit for a veterinary clinic at 1901 Ward Avenue (Plaza 94) as proposed by Countryside Veterinary   Clinic with the following conditions:

·         No overnight boarding of animals

·         Policing the parking lot and outside grounds at least twice per day for animal waste, and that the clinic provide waste bags for cleanup of animal waste

·         Review of the Conditional Use Permit one year after occupancy

   Of the facility

 

    Claims:  Approve the following claims for payment:

 

FUND

DESCRIPTION

PAYABLES

PAYROLL

TOTALS

100

General

228,467.76

253,120.74

481,588.50

225

Impact Collection

505.00

0.00

505.00

410

Tax Increment Financing

2,368.87

0.00

2,368.87

450

Capital Projects

83,893.14

0.00

83,893.14

490

Biosolids

0.00

0.00

0.00

610

Sewer

15,960.10

21,708.49

37,668.59

620

Parking

705.79

2,101.48

2,807.27

630

Ambulance

13,012.08

13,902.81

26,914.89

 

TOTALS

344,912.74

290,833.52

635,746.26

 

Consider Budget adjustment for Elections Account:  Approve the transfer of $2,000 from the Clerk-Treasurer’s budget to the Election Department Budget, as presented.

 

Deny request of George Lange to erect a fence behind 522 2nd Street:  Deny the request of George Lange to erect a fence behind 522 Second Street.

 

 Request for Red Ribbon Week 5K Walk/Run from 9:30-11:00 a.m. on   10/18/08:  Approve the 6th annual Red Ribbon Week 5K Walk/Run on      Saturday, October 18, 2008 from 9:30 a.m. to 11:00 a.m.

 

 Deny request for stop sign on Ninth Street at Orange Street:  Deny the request for stop signs on Ninth Street at Orange Street.

 

 Request for High School Homecoming Parade at 3:30 p.m. on 9/26/08. Approve the Hudson High School Homecoming Parade to be held at 3:30     p.m. on Friday, September 26, 2008.

 

 Approve policy for Pedestrian Crossing Flag System:  Approve the draft of the policy regarding the Pedestrian Crossing Flag System, as    presented.

 

  Appointment of additional Election Inspectors:  Approve the appoint of the following City of Hudson residents as additional Election Inspectors: For the Democratic Party - Miah Shull Olmsted; For the Republican Party – Jean and Gordie Anderson, Hugh Bertelsen, Carol Horn, Gloria Keller, Mary Post, Marcy Spadino, Laura Trippichio, Tom Redner, and Robert Staebell; and Gordon and Colleen Conard as unaffiliated.

 

 Request of For Pete’s Sake 5K Foot Race to be held 9/27/08 at 9:00 a.m.  Approve the second annual For Pete’s Sake 5K Foot Race to be held Saturday, September 27, 2008  at 9:00 a.m., as recommended by Police Chief Jensen.

 

 Request to change Council meeting dates in November:  Approve changing the November Council meeting dates to Monday, November 10th, and Monday, November 24th.

 

REPORTS OF CITY OFFICIALS, BOARDS, COMMISSIONS:  Place on file the quarterly reports of the Public Works Dept. and the Wastewater Director, the St. Croix E.M.S. Commission minutes of 9/3/08, and the Public Utility Commission minutes of 9/9/08.

 

Roll call vote, all ayes (6), MOTION CARRIED.

 

Applications for Operator’s Licenses:  Mayor Knudson reported that the Finance Committee recommended approval for issuance of the Operator’s Licenses, as presented.  Morrissette recused himself.

 

 MOTION by O’Malley, second by Wyland to approve the issuance of regular Operator’s Licenses for the period 9/23/08 to 6/30/10 to:

 

     Julie A. Kooiman           640 10th Avenue            Baldwin, WI

     Melanie R. Meyer           544 Boundary Road          Hudson, WI

     James P. McCormack   708 Second Street          Hudson, WI

 

Ayes (5), MOTION CARRIED.

 

Application of Universal Hospitalities, LLC (Dominick Paul Rode) for Class B beer and Reserve Class B liquor license d/b/a The Agave Kitchen, 501 2nd Street:  Mayor Knudson explained the issues that needed completion before issuance of the license. MOTION by O’Malley, second by Bernard, to recommend issuance of a Class B beer and Reserve Class B Liquor license to Universal Hospitalities, LLC (Dominick Paul Rode) d/b/a the Agave Kitchen at 501 Second Street, contingent on successful completion of the building and fire inspections, receipt of a copy of their Wisconsin Seller’s Permit, payment of the reserve license fee, and upon surrender of the license currently held by the Twisted Grille.  

 

Attorney Bill Radosevich spoke about Mr. Rode’s previous restaurant located in North Hudson, and stated Mr. Rode was pleased to be located in downtown Hudson.  Discussion was held that this was an original liquor license application not connected with the previous business.  All ayes (6), MOTION CARRIED.

 

Consider funding a traffic study for Crest View Drive/Heggen Street bridge intersection:  mayor Knudson reported that the Finance Committee recommended that a traffic study be included with the planning work being done with the City’s Comprehensive Plan.   No action was taken.

 

Request for designation as approved community events to allow exemptions for direct sellers:  Hilltop Pumpkin Party - October 25th, Celebrate the Holidays events in November/December, and Hot Air Affair in February 2009:     MOTION by Burchill, second by O’Malley, to designate as Community Events the Hilltop Pumpkin Party, the Celebrate the Holidays events in November and December, and the Hot Air Affair in February 2009, as requested by the Chamber of Commerce and community volunteers.   This would allow the sellers at each event to be exempt from the Direct Seller permit fees.  All ayes (6), MOTION CARRIED.

 

Request for reclassification of part-time Fire Department employee:  mayor Knudson stated that the Finance Committee recommended reclassification of the employee.  MOTION by O’Malley, second by Wyland to approve reclassification of the part-time Fire Department employee from Level 10C Secretary 1 to Level 11C Account Clerk 1, retroactive to September 1, 2008, as recommended by the City Administrator.  All ayes (6), MOTION CARRIED.

 

Prospect Park (former hospital site) – drainage concerns and cost estimates:  Mayor Knudson explained the problems with stormwater runoff to the neighboring property near Prospect Park.  He noted the City’s duty to correct the problem.  MOTION by Morrissette, second by O’Malley to approve the low quote of $22,900 from Zappa Brothers to prevent stormwater runoff on the Prospect Park parking lot on Wisconsin Street.  Discussion was held regarding the possibility of Public Works employees assisting the contractor, if time permits.  It was noted that some cost savings could occur.  MOTION AMENDED to include “up to $22,900” for the project cost.  Denny Darnold stated it was the intent to have Public Works staff help, if possible.  It was suggested that future bids be itemized to reflect what contractors would do and what City staff could do.  All ayes (6), MOTION CARRIED.

 

Application of Christian Community Campus Foundation, Inc. for Temporary Class “B”/”Class b” Retailer’s License to sell wine at the CCH Wine Fest at 1312 Wisconsin Street on October 24, 2008:  MOTION by O’Malley, second by Burchill to approve issuance of a Temporary Retailer’s License to the Christian Community Campus Foundation, Inc. to sell wine at the CCH Wine Fest at 1312 Wisconsin Street on October 24, 2008. It was noted that the Finance Committee recommended approval. All ayes (6), MOTION CARRIED.

 

Consider cancellation of Class “B” Beer/”Class C” wine license to  E & F  Holdings LLC d/b/a the Corner Saloon due to untimely startup (past 90 days):  Mayor Knudson reported that the Finance Committee recommended cancellation of the beer and wine license that had been approved for the Corner Saloon, due to untimely startup of the business.  MOTION by O’Malley, second by Wyland, to cancel the beer and wine license to E & F Holdings LLC, d/b/a the Corner Saloon.  It was noted that the applicants would be sent a letter indicating the Council’s determination and the right of the applicants to request a hearing on the matter.  All ayes (6), MOTION CARRIED.

 

Proposed Library budget for 2009 operations:  Mayor Knudson stated that the Finance Committee recommended to table the item until the next meeting due the omission of some cost increases to the Library’s 2009 operating budget.  It was noted that utility costs have increased and would be considered when establishing the Municipal Building rent rates for 2009.

 

finance officer’s report:  Finance Officer Betty Caruso provided a verbal report including information that the revenues are 90% collected at this point, and building permits are still down.  She also noted some issues with part-time employee costs and that she would return to request some changes.  She also stated that the Ambulance Department is still experiencing difficulties with the billing company, LifeQuest, and she would recommend that RFPs be issued for a new billing company.  Ms. Caruso stated she was currently working on establishing the tax levy, the budget, and a proposal for a Stormwater Management Project.

 

Recommend City Attorney review of: policy on placement of stop and yield signs; ordinance re: barking dogs; and sex offender ordinance:   Mayor Knudson announced that the Public Safety Committee recommended that the City Attorney review three separate items, and this needed approval.  Discussion was held regarding the need for a Stop and Yield Sign Policy.  Attorney Munkittrick that this could be discretionary and recommended adoption of a policy instead.  MOTION by O’Malley, second by Burchill to not send the Stop and Yield Sign Policy to the City Attorney for review.   Additional discussion was held regarding liability concerns, due diligence, and the use of federal government wording along with wording from other jurisdictions in the policy.  All ayes (6), MOTION CARRIED.

 

Discussion was held regarding the desire to bolster the current Municipal Code regarding barking dogs.  Wyland stated that the Public Safety Committee suggested using some of the ordinance language from the City of St. Paul for possible changes.  Mayor Knudson stated that the recent increasing of the fines could encourage people to comply.  O’Malley shared concerns regarding the removal of an animal, at some point, for non-compliance.  Mayor Knudson stated his desire for the Committee members to list their suggestions for changes, in order to save on legal costs.  MOTION by O’Malley, second by Wyland, to approve City Attorney review for possible changes to the Municipal Code regarding barking dogs.  All ayes (6), MOTION CARRIED.

 

proposed sex offender ordinance:  Wyland provided background information on the proposed Sexual Offender ordinance.  He stated it had been reviewed previously, and there was now a desire to review it again.  He recommended working as a sub-committee on possible wording, with a request for final legal review of suggested ordinance changes.  Discussion was held regarding the wording, current case studies, and the desire to protect children and establish legal ramifications.  O’Malley noted that experts had previously recommended not adopting any such ordinances, noting the possibility that sex offenders would not continue to register with the authorities as they should. 

 

Mayor Knudson reminded that a committee is not authorized to directly request City Attorney assistance; his permission or Council approval is needed before money can be spent on legal review.  MOTION by Bernard, second by O’Malley, to authorize a sub-committee to provide suggested ordinance changes to be reviewed by the Police Chief, Mike O’Keefe, and the Public Safety Committee members, and to return to the Council with proposed updated wording.  Discussion was held regarding the desire for a timeline and the names of persons who could help contribute.  All ayes (6), MOTION CARRIED.

 

UPDATE ON PROJECTS:  Bonestroo Engineer Chuck Schwartz provided an update on the Crest View Drive Mill and Overlay Project and stated that striping was being completed and some adjustments were needed to the traffic signals.  He noted that the Lakefront Park Restoration Project was progressing and that the contractors were aware that a big event would be held soon and they intend to be completed.  He also pointed out that sod would be delivered, new picnic table legs were ordered, and the condition of the trees would be reviewed.  He stated that the Heritage Greens construction was anticipated to begin September 22nd.

 

 

Consider approval of Joint Library Major Capital Project Proposal  Agreement, Co-tenancy Agreement, and Lease:  Mayor Knudson explained that five items pertaining to the Hudson Area Joint Library would all need to be approved, and that each was contingent on the others.  MOTION by O’Malley, second by Wyland, to approve the Major Capital Project Proposal Agreement, (including the Co-tenancy Agreement and Lease) as submitted.  All ayes (6), MOTION CARRIED.

 

Initial Resolution Authorizing Not To Exceed $1,500,000 GO Bonds or Promissory Notes for a Library Project – Resolution No. 15-08:  MOTION by O’Malley, second by Wyland, to approve the following:

 

Resolution No. 15-08

Initial Resolution Authorizing Not To Exceed $1,500,000

 GO Bonds or Promissory Notes for a Library Project

(Copy on file in Clerk’s office)

 

All ayes (6), MOTION CARRIED.

 

Resolution directing publication of Notice to Electors – Resolution No. 16-08:  MOTION by O’Malley, second by Wyland, to approve the following:

 

Resolution No. 16-08

Resolution directing publication of notice to electors

(Copy on file in Clerk’s office)

 

All ayes (6), MOTION CARRIED.

 

Resolution authorizing the City of Hudson to exceed the State levy    limits (per §66.0602 Wis. Stats.)on an ongoing basis for Library costs - Resolution No. 17-08:  MOTION by O’Malley, second by Wyland, to approve the following:

Resolution No. 17-08

Resolution Authorizing the City of Hudson to exceed the State levy    limits (per §66.0602 Wis. Stats.)on an ongoing basis for Library costs

(Copy on file in Clerk’s office)

 

All ayes (6), MOTION CARRIED.

 

Resolution providing for a referendum election on the questions of   approval of an initial resolution authorizing the issuance of GO bonds or promissory notes and authorizing the City to exceed the Levy Limit under §66.0602 Wis. Stats. -  Resolution No. 18-08:  MOTION by O’Malley to approve the following, with the revision of Question 2 to bring it into conformity with Wisconsin Statutes, §66.0602. Mayor Knudson requested additional information regarding the motion.  A second to the motion was not provided.  O’Malley stated that there was not a provision in State Statutes for a total percentage increase to be included (in the referendum question).  He requested that the words “for a total increase of 13.30%” be removed.

 

Mayor Knudson shared the exact wording of the State Statute.  He explained that a challenge could happen if State law was not followed, and also noted the impact for only stating part of the increase.  He also provided information on the power of Mayors in the State.  Discussion was held regarding the agreement of all the municipalities to the purpose statement and the uniqueness of the City’s position.  Mayor Knudson asked O’Malley to place his motion in writing for the members, and for him to know if he would sign it.  O’Malley stated he believed the 13.30% was misleading.  Other Council members shared the opinion that it was important to include the total percentage in the question.  MOTION by O’Malley, second by Wyland, to approve the following (with clarification that it was in the format as presented, with no additional changes):

Resolution No. 18-08

Resolution providing for a referendum election on the questions of   approval of an initial resolution authorizing the issuance of

GO bonds or promissory notes and authorizing the City

to exceed the Levy Limit under §66.0602 Wis. Stats.

 

(Copy on file in Clerk’s office)

 

All ayes (6), MOTION CARRIED

 

Petition of Citizen Action of Wisconsin for advisory referendum re: Health Care Reform Legislation - Resolution No. 19-08:  Mayor Knudson announced that a Petition for Direct Legislation was filed in the Clerk’s office by Citizen Action of Wisconsin.  He read the form of the question that was provided and noted that the simplest action would be to adopt the resolution and allow the referendum question to proceed.  He also offered other options that Council could pursue, such as a first reading, or not adopting the resolution, which would require electors to be asked at the April 2009 Spring Election whether they wish to adopt Resolution 19-08, for placement of the health care referendum on the November 2010 ballot.

 

MOTION by O’Malley, second by to suspend the rules toward adoption of Resolution 19-08.  Mayor Knudson called for a second three times; none were given.  MOTION FAILED for lack of a second.  Additional discussion was held.  Attorney Munkittrick advised that this was strictly an advisory referendum and she recommended taking action to get it finished.  MOTION by O’Malley, second by Wyland, to suspend the rules toward adoption of Resolution 19-08.  Roll call vote Ayes: Morrissette, Brokaw, Wyland and O’Malley (4), Noes: Burchill and Bernard (2).  MOTION CARRIED.  It was noted that the motion passed by the required 2/3 margin.

 

MOTION by O’Malley, second by Wyland, to adopt the following:

 

RESOLUTION NO. 19-08

PETITION FOR DIRECT LEGISLATION FILED 8/14/08 BY

CITIZEN ACTION OF WISCONSIN

(Copy on file in Clerk’s office)

 

Ayes: Brokaw, Wyland and O’Malley; Noes: Morrissette, Bernard, and Burchill.  Mayor Knudson voted yes to break the tie.  MOTION CARRIED.

 

Consider approval of final amended Joint Library Agreement:  MOTION by Burchill, second by O’Malley, to approve the final Amended Joint Library Agreement, as presented.  Ayes (6), MOTION CARRIED.

 

communications and items for future agendas:  mayor Knudson provided a brief PowerPoint presentation regarding his suggested 5/5/50 Budget Plan.  He stated that he felt the plan was balanced, conservative, and focused on the future.  He also noted the success of the St. Croix Business Park and explained that the closing of the TIF District will create a rare opportunity for the City to increase the net operating costs. (A Special Finance Committee was scheduled for 9/29/08 at 6:00 p.m. to discuss the proposed 2009 Budget.)

 

Administrator Willi reminded people to register to vote or update their registrations as soon as possible.  He also noted that the polling place sites are being assessed to improve the flow and help to reduce the number of people waiting in line.

 

MOTION by O’Malley, second by Bernard  to adjourn.  All ayes (6).  MOTION CARRIED at 8:55 p.m.

 

Nancy J. Korson, City Clerk