CITY OF HUDSON COMMON COUNCIL
MEETOMG MINUTES OF WEDNESDAY,
FEBRUARY 17, 2010
Meeting
called to order by Mayor Dean Knudson in the Council Chambers of City Hall at
7:03 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, and Scot O’Malley.
Excused: Alderperson Alan Burchill.
OTHERS PRESENT: Catherine Munkittrick, Devin Willi, Denny
Darnold, Marty Jensen, Randy Hanson, Mike Rasmussen, Mike Kunz, David Gray,
Craig Travettoni, Todd Young, Carmen Croonquist, Theresa Speirs, Scott Moore,
Gordy Jarvis, David Robson, and others.
Comments and suggestions from citizens present: Mayor
Knudson called for comments and suggestions from citizens present; none were
given.
Consent agenda: Mayor Knudson announced that Patt Colten’s
request for a Fence Permit was removed from the Consent agenda. MOTION by Morrissette, second by O’Malley to
approve the following Consent Agenda items:
Claims: Approve the following claims for payment:
|
FUND |
DESCRIPTION |
PAYABLES |
PAYROLL |
TOTALS |
|
100 |
General |
232,748.00 |
125,961.97 |
358,709.97 |
|
450 |
Capital
Projects |
78,371.45 |
0.00 |
78,371.45 |
|
490 |
Biosolids |
0.00 |
0.00 |
0.00 |
|
610 |
Sewer |
25,957.79 |
10,907.62 |
36,865.41 |
|
620 |
Parking |
806.30 |
1,063.32 |
1,869.62 |
|
630 |
Ambulance |
12,201.69 |
8,112.98 |
20,314.67 |
|
860 |
Tax
Agency |
94.94 |
0.00 |
94.94 |
|
|
Totals |
350,180.17 |
146,045.89 |
496,226.06 |
Application of St. Patrick’s Home and School Association for
Temporary Class “B”/”Class B” Retailer’s License to sell beer and wine April
10, 2010 at the annual St. Patrick’s School Gala, 403 St. Croix Street: Approve the issuance of a Temporary Class
“B”/”Class B” Retailer’s License to St. Patrick’s Home and School Association
to sell beer and wine
April 10, 2010 at the annual St. Patrick’s School Gala, 403 St. Croix Street.
Application
of Pine Hill Services, LLC for Class “B” beer and “Class C” wine license d/b/a
Dolce at 106 Buckeye Street:
Approve the issuance of a Class “B” beer and “Class C” wine license to
Pine Hill Services, LLC d/b/a Dolce at 106 Buckeye Street, contingent upon surrender
of the current license held by Stonewood Furniture, Inc.
Request for Monica Jensen Foundation
Run on June 6, 2010: Approve the Monica
Jensen Race to be held in Lakefront Park on Saturday, June 5, 2010.
REPORTS OF CITY OFFICIALS, BOARDS, and COMMISSIONS: Place on file the
quarterly report of the Water Utility Director, the Fire Department annual
report, the Public Utility Commission minutes of 2/9/10, and the Joint Library
Board minutes of 12/14/09 and 1/11/10.
Roll call vote
taken. All ayes (5) MOTION CARRIED.
Conditional Use Permit by
Sprint/Nextel-Wireless Site Services/Todd Young for a 190 ft. wireless tower
and site build at 481 County Road A (USA Fence site), part of Section 20, T29N,
R19w, Town of Hudson (recommendation from Joint Extraterritorial Zoning
Committee): Denny Darnold stated that the Joint
Extraterritorial Zoning Committee recommended approval of the wireless tower
and site build with a list of conditions explained on the issue sheet. Mayor Knudson inquired if the list needed to
be read aloud; there were no requests to do that.
Information and discussion was held
regarding the Committee’s meeting and any concerns that were raised. Mr. Darnold also provided information and
shared photos regarding proposed cabinets at the site. It was explained that the reason the City was
involved was because the tower would be visible from the City. MOTION by Morrissette, second by O’Malley to
approve the Conditional Use Permit (for a wireless telecommunication tower and
ancillary ground facilities at 481 County Road A to Sprint/Nextel-Wireless Site
Services) with the following conditions:
·
The plans for the tower, antennae and ground facilities are per
the
Sprint/Nextel application received by the
City of Hudson 12/30/09.
·
The transmission tower and ancillary improvements shall comply
with all Federal Communications Commission and Federal Aviation Administration
rules and regulations.
·
The applicant/permit holder must maintain general liability
insurance in an amount of not less than $1 million against personal injury,
wrongful death, and property damage claims.
·
Any transmission tower and ancillary facilities which are
unused, for the use for which the permit is granted, for a period of 12 months
must be removed and the site restored within a reasonable time, but not more
than three months after removal is requested by the City or Hudson or the Town
of Hudson. Upon removal, the site shall
be restored to its original condition or an improved condition, and anchoring
elements must be removed from the ground.
·
The transmission tower shall not be over 190 feet in height,
including the attached antennae and/or lightning rod.
·
The use of the tower is for the mounting of 12 telecommunication
antennae as specified in the application submitted to the City of Hudson,
12/30/09. No other use is permitted
without an amendment to the Conditional Use Permit. Up to 24 additional antennae, 12 per carrier,
may be installed, upon approval of plans by the City of Hudson and Town of
Hudson.
·
The maximum number of antennae that is approved is 36, with a
maximum of 12 per carrier.
·
The tower must not be illuminated, except for the enclosed area
of the ancillary equipment. Lighting
shall not exceed 12 feet in height.
·
A review is required by the Extraterritorial Zoning Committee,
with recommendation to the City of Hudson Common Council, two years following
the date of initial use of the proposed tower and ancillary facilities.
Additional
information was shared by Sprint/Nextel representative Todd Young regarding the
monitoring equipment. All ayes (5)
MOTION CARRIED.
Applications for Operator’s Licenses: Morrissette
recused himself. Mayor Knudson stated
the Finance Committee recommended approval for issuance of the licenses. MOTION by Wyland, second by Brokaw to approve
the issuance of Regular Operator’s Licenses for the period 2/18/10 to 6/30/11
to Bridget J. Kelly and Heidi L. Jacobson, and two Temporary Operator’s
Licenses to be used on April 10, 2010 at the St. Patrick’s School Annual Gala
to Barb A. Karls and Lyla L. Omernik.
All ayes (4) MOTION CARRIED.
Consider job description and proceed
with advertising for the part-time IT support position: Mayor Knudson
explained that the Finance Committee recommended approval of the job
description and proceeding with advertising for the Part-Time IT Support
position, including the condition that they keep track of the time spent on
tasks. Mayor Knudson shared information
regarding the number of hours and funding source for the position.
MOTION by Bernard, second by
Brokaw to approve the Part-time IT Support position description and authorize
the City Administrator to begin the recruitment process, and to use a job
tracking method for the work performed. Alderperson Wyland pointed out the
position would be approximately 20 hours per week, and noted a job tracking
method would be used to manage and track where the time was being used. All ayes (5) MOTION CARRIED.
Update on 2009 Room
Tax revenues and consider options for disbursements: Mayor
Knudson explained the 2009 Room Tax collection summary and Community Subsidy
final distribution of payments. He
advised that the actual revenues were $19,000 under budget, as expected. It was noted that the amount available from 2009
funds for distribution was $9,745.01
Background information was shared regarding
the how the amount of payments for 2009 was determined. Mayor Knudson reviewed how 2010 payments
would be distributed: the Community Subsidy groups will receive a set amount,
and the amount for the Chamber of Commerce would fluctuate, based on Room Tax
collections.
Mayor Knudson, City Administrator Willi, and the
Finance Committee recommended distributing the remaining 2009 room tax revenues
at a 50% rate, with all entities receiving half of their remaining scheduled
allocation. Discussion was held
regarding other options of disbursement and the possibility of the Chamber not
receiving a portion. Alderperson Bernard
stated she was not in favor of using the new method of payment distribution in
2010 for the 2009 disbursements. MOTION
by O’Malley, second by Wyland to pay the following amounts (of 2009 Room Tax
community subsidy disbursements):
Phipps
Center for the Arts: $1,750.00
Hudson
Hockey Association: $ 625.00
Historical
Society: $1,125.00
Senior
Citizen Center $1,125.00
Youth
Action Hudson $ 625.00
Cemetery: $1,125.00
Chamber of Commerce $3,370.01 (balance of 2009 Room
Tax)
Additional discussion was held regarding
payment disbursement options and the possibility of raising the amount of the room
tax rate. Ayes (3), Noes (2, Bernard and
Morrissette). MOTION CARRIED.
Finance Officer’s report: The
Finance Officer’s report was postponed.
Consider denial of Patt Colten’s request for Fence
Permit: Mayor Knudson
stated the consideration for denial of Patt Colten’s request for a fence permit
was removed as a consent agenda item so people could speak on the topic, if they
wished. He requested Alderperson Bernard
provide a review of the Public Safety Committee’s recommendation regarding the
application by Patt Colten to erect a fence at 804 Vine St.
Bernard stated that the Public Safety
Committee considered the fence permit application at their February meeting. She noted that City Building Inspector David
Gray had recommended portions of the fence permit application be approved, and
that the permit for sections A & B be denied. Bernard pointed out Ms. Colten was not able
to attend the Public Safety Committee meeting, but many of her neighbors were
in attendance and made comments. There
was a unanimous decision by the Public Safety Committee to deny the fence
permit application with the intent that Ms. Colten would have an opportunity to
be heard at the Council meeting. It was
also noted that Ms. Colten was not sure whether she could attend the February
17th Council meeting, and she had requested the topic be an agenda item again
at the Public Safety meeting in March and then bring it back to full Council.
MOTION by Morrissette, second by O’Malley
to approve the Public Safety Committee’s recommendation (to deny the entire
fence permit due to pending litigation and non-compliance of the originally
approved fence permit, and to not entertain another application until the
matter is resolved in court).
Discussion was held
regarding the possibility of bringing the item back to the Public Safety
Committee, or not. City Attorney,
Catherine Munkittrick offered her opinion about considering another
application, if nothing has changed since the last application. Additional discussion was held regarding
consideration of an application or portion of an application, easement rights,
survey issues, and pending litigation.
Mayor Knudson announced that the applicant,
Ms. Colten, had arrived at the meeting, and asked if Council wished to
reconsider the motion and hear her testimony.
Morrissette stated he did not wish to reconsider the motion, but
requested Ms. Colten be allowed to speak.
Mayor Knudson invited her to speak for a limited amount of time.
Patt Colten, 405 Locust Street and owner of
property at 804 Vine Street, provided a detailed explanation regarding her
interpretation of the situation, and requested the topic be allowed to be heard
again at the Public Safety Committee.
Mayor Knudson stated that the Public Safety
Committee was able to hear testimony from people at their February meeting, and
Ms. Colten was given the opportunity to share her side at the Council
meeting. He reminded everyone of the
motion on the table, and stated that Council would make the decision. He asked if any Council members wished to
hear more testimony from the public or the applicant; the question was
called. Ayes (4), Noes (1, Bernard)
MOTION CARRIED.
Review and consider extending lease
agreement with Jarvis & Sons Assoc. for City courtesy docks: MOTION by Morrissette, second by O’Malley to
approve the three year extension to the Lease Agreement with Afton Cruise Lines
for the City courtesy docks, and to include a language clause pertaining to
possible Walnut Street Bridge construction.
Mayor
Knudson requested that the City Attorney clarify some points in the Lease Agreement. City Attorney Catherine Munkittrick suggested
the language of the lease be clarified.
She questioned whether the Park Board considered the safety, operational,
and financial issues during their review, which is to occur at renewal time. She stated in the past they have provided their
lease rates, and an increase was done during renewal of the last agreement. Alderperson Morrissette reported on
discussions from the Park Board. He
noted they did not have any discussion about the amount of rent.
MOTION
AMENDED by Morrissette, second by O’Malley to increase the amount of rent by $100.00,
from $1,000.00 to $1,100.00. Additional discussion was held regarding the need
for minor language clean up in the Lease Agreement, and possible issues
regarding bridge construction. All ayes
(5) MOTION CARRIED.
Consider amending Municipal
Code Ch. 145-20 (C) re: liquor license quota – Ordinance No. 2-10: Mayor Knudson
reviewed the information regarding the possibility of changing the quota
calculation method so another reserve “Class B” intoxicating liquor license
could be added. He provided background
information about when previous quota changes were done, and the businesses
that were issued the reserve licenses which were created.
Discussion was held regarding the desire to
create one or more licenses. MOTION by
Morrissette to adopt Ordinance 2-10, with the change to add the words “and
fraction thereof.” Mayor Knudson called
for a second three times, none were given.
MOTION DIED for lack of a second.
MOTION by O’Malley to adopt Ordinance 2-10
with the change in wording from 600 population to 625 population; and to not
include a fraction thereof. Mayor
Knudson called for a second to the motion three times, none were given; MOTION
DIED for lack of a second.
Mayor Knudson explained the City has a
stricter limit on licenses than the State requirements. He also noted he did not want to create a
license for anyone specific. Alderperson
O’Malley stated he felt it was difficult for Council to not approve a license,
if one becomes available and there is an applicant; he noted the desire for a
good applicant. Additional discussion
was held regarding the criteria to use during the process. MOTION by Morrissette, second by Brokaw to
adopt the following, as written.
Ordinance No. 2-10
AMENDMENT TO Municipal
Code Section 145-20 C.(1) (a)
(Copy on file in the Clerk’s office and attached)
Ayes (4); O’Malley voted No – MOTION
CARRIED.
Disallowance of claim of
Steve Parson – Resolution No. 5-10: MOTION by Morrissette, second by O’Malley to
suspend the rules toward adoption of Resolution 5-10. Roll call vote taken, all ayes (5) MOTION
CARRIED. MOTION by Morrissette, second
by O’Malley to adopt the following:
RESOLUTION NO. 5-10
DISALLOWANCE OF CLAIM OF STEVE PARSON
(Copy on file in Clerk’s office and attached)
All
ayes (5) MOTION CARRIED.
Consider rescheduling the
hearing date for rezoning City parcels of land to Monday, March 29, 2010 at
6:45 p.m.: Mayor Knudson suggested rescheduling the
hearing date that was set for March 15th for rezoning City parcels of land, due
to public schools being on spring break that week. Denny Darnold requested that the public
hearing date be rescheduled for March 29, 2010.
MOTION by O’Malley, second by Wyland to reschedule the public hearing
date for establishing consistency of zoning and the land use designation of
parcels in the City of Hudson to be held on March 29, 2010. All ayes (5) MOTION CARRIED.
Mayor Knudson announced a special joint
meeting of the Common Council and St. Croix EMS Commission will be held March
1, 2010 at 6:15 p.m. The Finance
Committee meeting will begin at 5:45 p.m. instead of 6:00 p.m. and requested any
Council members who are unable to attend to let him know.
COMMUNICATIONS
AND ITEMS FOR FUTURE AGENDAS: The City Administrator announced there were
approximately 300 voters at the Spring Primary Election held on February 16,
2010. He noted the Spring Election will
be held April 6, 2010. He also reminded
everyone to complete the Census forms that will be coming in the mail
soon. He stated that many federal and
state grant programs are based on population numbers, and he urged everyone to
return the survey forms.
Convene into Closed Session pursuant to §19.85
(1)(e), Wis. Stats. to deliberate regarding negotiating strategy for possible purchase
of public property for a public safety building; and Convene into Closed
Session pursuant to §19.85
(1)(e), Wis. Stats. to deliberate regarding negotiating strategy for possible
sale of public properties at 701 Second Street and 911 Fourth Street, Hudson,
WI: MOTION by Morrissette, second by Bernard to
convene into Closed Session pursuant to §19.85
(1)(E), Wisconsin Stats. To deliberate regarding negotiating strategy
for possible purchase of public property for a public safety
building; and convene into Closed Session pursuant to §19.85
(1)(e), Wis. Stats. to deliberate regarding negotiating strategy for possible
sale of public properties at 701 Second Street and 911 Fourth Street, Hudson,
WI. Roll call vote taken, all ayes (5)
MOTION CARRIED at 8:25 p.m.
Reconvene in Open Session for possible
action re: negotiating strategy for possible purchase of public property, and
possible action re: sale of public properties at 701 Second Street and 911
Fourth Street, Hudson, WI: MOTION by Morrissette,
second by Wyland to reconvene into open session. All ayes (5) MOTION CARRIED at 9:40 p.m.
ADJOURNMENT: MOTION by O’Malley,
second by Brokaw to adjourn the meeting.
All ayes (5) 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
Knudson, Mayor
Date
approved by Council
________________________