city of hudson common council meeting

minutes of monday, june 20, 2005

UNAPPROVED DRAFT

 

 

 

Meeting called to order by Mayor Jack Breault in the Council Chambers of City Hall at 7:00 p.m.

 

PRESENT:   Mayor Breault and Alderpersons Mike Laatsch, Paul Radermacher, Roger Riedel, Scot O’Malley and Carah Koch.  Dennis O’Connell became present at 7:23 p.m.

 

OTHERS PRESENT: Catherine Munkittrick, Devin Willi, Dennis Darnold, Betty Caruso, Dick Trende, Jim Eulberg, Curt Weese, Laura Gray, Dale Willi, Angela Popenhagen, Dennis Postler, Bill Danielson, Dave Knoke, Eric Rolland, Mark Pribonic, Diane and Larry Yoachim, Hugh Gwin, Elizabeth McCormick, and others.

 

     COMMENTS AND SUGGESTIONS FROM CITIZENS PRESENT:  Mayor Breault called for comments, noting that he was made aware of an incident that took place at a recent School Board meeting.  He stated that some citizens wished to make comments, noting that the subject was not on the agenda and there would be no discussion, rebuttal, or action taken at this time.  He stated that the Police and Fire Commission would address any formal complaints that are filed.

 

     Bill Danielson spoke about his interpretation of three recent events involving the conduct of officers from the Hudson Police Department.  He stated that he believed three citizens had restraints placed on their liberty, under the pretense of “disorderly conduct.”  He gave his thanks for the opportunity to address the Council.

 

     Mark Pribonic called attention to having the privilege of freedom for political debate.  He stated that the presence of police must be used discriminately so that it is not perceived as intimidation.  He stated that he believed the City of Hudson could have a serious problem with First Amendment protection and civil rights.

 

     Mayor Breault called for any additional comments.   None were given.  He stated that proper procedures require that anyone wishing to file a written complaint (about a police officer or firefighter) must submit it to the Police and Fire Commission.

 

CONSENT AGENDA:   MOTION by Radermacher, second by O’Malley, to approve the following Consent Agenda items, with the Regular Meeting minutes of 6/6/05 to be changed to reflect that on Page 7, fifth paragraph regarding the Rivercity Collision Centre Revolving Loan Fund Request, Paul Radermacher did not vote:

 

MINUTES: Approve the Public Hearing and Regular Meeting minutes of 6/6/05.

 

Certified Survey Map for four (4) one-family residential lots north of Lyle Baer Drive in the Town of Hudson (Extraterritorial Review) – Vivian      Kamrath:  Approve the four-lot Certified Survey Map north of Baer Drive in the Town of Hudson, as proposed by Vivian Kamrath.

 

Claims:   Approve the following claims for payment:

 

Fund

Description

  payables

payroll

Totals

100

General

93,873.85

117,771.41

211,645.26

270

Police Drug Forfeiture

2,570.83

0.00

2,570.83

610

Sewer

11,660.01

9,793.55

21,453.56

620

Parking Utility

0.00

848.06

848.06

630

Ambulance

4,126.96

7,078.60

11,205.56

 

      TOTALS

$112,231.65

$135,491.62

$247,723.27

 

     Application for Operator’s License:  Approve the issuance of Temporary Operator's Licenses, to be used July 1-3 2005 during Booster Days in Lakefront Park,  to:

  

     James Allen Londo          565 County Rd UU                Hudson, WI

     Joel Walter Eby            940 Ridge Pass             Hudson, WI

Carrie Darsie Domino       578 White Oak Drive        Hudson, WI

Gregory Allan Mahr         1249 80th Street           Hudson, WI

 

And Regular Operator’s Licenses for the period 7/21/05 to 6/30/07 to:

 

     Carol Jean Raley                319 Third Street                Hudson, WI

     Stefani Denise Urbik       842 Harborview Road        Hudson, WI

     John Paul Moran            1110 Second Street         Hudson, WI

 

Application of Gary D. Anderson/T.S.M. Amusement for Amusement Device Operator’s License:  Approve the issuance of an Amusement Device Operator’s License to T.S.M. Amusement Inc., 1370 Pine View Trail, Houlton, WI for the 41 amusement device/machines located in Hudson.

 

REPORTS OF CITY OFFICIALS, BOARDS AND COMMISSIONS:  To place on file the Public Utility Commission minutes of 6/14/05.

 

     Roll call vote, all ayes (5) – MOTION CARRIED.

 

Final Development Plans for A-1 Archery addition at 1830 Webster Street – A-1 Archery/O’Keefe Properties:  Dennis Darnold stated A-1 Archery has reviewed and agreed to the terms set forth by the Plan Commission, City Attorney, and Mr. Darnold.  He noted that the Plan Commission recommended approval.  MOTION by Riedel, second by O’Malley, to approve the final development plans for the addition to A-1 Archery at 1820 Webster Street, contingent on the following:

A.   Plans are to be revised per the City Engineer’s recommendations.

B.               A Letter of Credit in the amount of $3,590 is provided to the City to

Assure restoration of street, curb and gutter, and boulevard, and costs of City inspections.

      C.   Execution of an Agreement restricting the sale and development of Lot 2, CSM, Volume 3, Page 726, City of Hudson, St. Croix County, WI.

 

All ayes, MOTION CARRIED.

 

 

Final Development Plans for Cutter’s Alley office facility at 76 Coulee Road – Eric Rolland:  Dennis Darnold reviewed the plans and reported that the Plan Commission recommended approval.  Mr. Eric Rolland stated that the building would have three tenants.  MOTION by O’Malley, second by Laatsch, to approve the final development plans for the Cutter’s Alley office facility at 76 Coulee Road, as proposed by Eric Rolland, contingent on the following:

 

A.   Revision of Final Development Plans per the City Engineer’s recommendations.

B.      A Letter of Credit in the amount of $4,850 is provided to the City to

Assure restoration of street, curb and gutter, and boulevard areas, and costs of City inspections.

C.   Storm drainage to be reviewed, with cooperation of developer required to address storm drainage issues that may result from early spring frozen ground/thaw conditions.

 

     All ayes, MOTION CARRIED.

 

Final Development Plans for 12,000 square foot facility, Kids Plaza II day care and food service, 3250 Heiser Street in St. Croix Business Park – Kids Plaza II/Dianne & Larry Yoachim:  Dennis Darnold reviewed the issue sheet and stated that the Plan Commission recommended approval.  MOTION by Koch, second by Radermacher, to approve the final development plans for the Kidz Plaza 2 daycare and food service facility at 3250 Heiser Street, with plan revisions per the City Engineer’s comments, and the provision of a Letter of Credit for $5,568 to assure restoration of street, curb and gutter and boulevard, and costs of City inspections.  All ayes, MOTION CARRIED.

 

Final Development Plans for 12,050 square foot facility, Hudson School of Gymnastics & Tae Kwondo, 2760 Enloe Street (west part of Lot 15 in St. Croix Business PARK) – An Seoak:  Mr. Darnold noted that the Plan Commission recommended approval.  MOTION by Koch, second by Radermacher, to approve the final development plans for the Hudson School of Gymnastics & Tae Kwondo at 2760 Enloe Street, with the following conditions:

 

A.   Revision of Final Development Plans per the City Engineer’s recommendations.

B.   A Letter of Credit in the amount of $2,560 is provided to the City to

assure restoration of street, curb and gutter, and boulevard areas, and costs of City inspections.

C.      City staff to review location of overhead door proposed for the

           southeast part of the building.

 

     All ayes, MOTION CARRIED.

 

Final Development Plans for 65,000 square foot industrial facility, Bond Pro, 2701 Harvey Street (Lot 4 in St. Croix Business Park) – Bond Pro/Scott Wang:  Mr. Darnold reported that the Plan Commission recommended approval of the final plans, noting that revised landscape plans were provided, as requested. O’Malley requested clarification of whether there would be hydrogen or nitrogen in their storage tank.  It was noted that nitrogen, a non-flammable product, would be stored.  MOTION by Riedel, second by O’Malley, to approve the final development plans for a 65,000 square foot facility at 2710 Harvey Street, as proposed by Bond Pro/Scott Wang, contingent on the following:

 

A.  Plans are to be revised per the City Engineer’s recommendations.

B.    A Letter of Credit in the amount of $3,875 is provided to the City

 to assure restoration of street, curb and gutter and boulevard, and

 costs of city inspections.

C.    Provide revised landscape plans to screen the proposed nitrogen storage

    tank.

 

All ayes, MOTION CARRIED.

 

Request of American Legion/V.F.W. for funds for uniforms:  mayor Breault explained the request for funds to purchase new uniforms for members of the American Legion/V.F.W. Joint Honor Guard.  He stated that they have been performing at military funerals since World War I and they no longer receive compensation of $50 per funeral from the federal government.  He noted that their uniforms are very old and all their service is voluntary. Last year they performed at approximately 47 military funerals.  Mayor Breault stated that their request for $1,500 would help to equip 20 volunteer squad members.  He suggested that the money could be taken from the Room Tax fund.  MOTION by Radermacher, second by O’Malley, to authorize the payment of $1,500 to the American Legion/V.F.W. Joint Honor Guard for purchase of new uniforms, to be funded by Room Tax revenues.  All ayes, MOTION CARRIED.

 

Request of David Knoke to enlarge display area for monthly classic car shows:  mr. Knoke stated that approximately 70 cars attended the car show in June, and they expect more than 120 cars in July.  He noted that they were requesting to use the North parking lot and parking spaces in the alley behind the le Post Café building.  Mayor Breault suggested using the west side of Third Street between Walnut and Locust Street, and also the City Hall parking lot instead of the North lot.  Attorney Munkittrick requested that a Certificate of Liability Insurance should be provided.   It was also noted that dumpsters in the area should be emptied to prevent overflow of the garbage cans.  MOTION by Koch, second by Laatsch, to approve the expansion of the monthly classic car show area to include the City Hall parking lot and the west side of Third Street between Walnut and Locust Streets, with the condition that they work with City Staff as needed, a Certificate of Liability Insurance is provided, and they make sure that the garbage is hauled away in a prompt manner.  All ayes, MOTION CARRIED.

 

Second Street traffic light upgrades in conjunction with the Stillwater lift Bridge shutdown proposed for August 1, 2005 – October 28th, 2005:  public Works Superintendent/Engineer Jim Eulberg reported that the traffic lights on Second Street were manually retimed, and they would be checked as needed for further adjustments.  A question was posed regarding the possibility of City police officers assisting with traffic control during the closure of the Stillwater Bridge.  Police Chief Trende replied that such usage would have to be assigned as overtime.  Mayor Breault suggested using the Casual Call officers instead.  No action was taken.

 

Request for Proposals – Municipal Building Elevator Project:  Jim Eulberg explained that two bids were received for repairing the elevator at the Municipal Building.  He noted that there was a large difference in the amount of the bids.  MOTION by O’Malley, second by Laatsch, to accept the bid from Thyssen Krupp Elevator in the amount of $66,500, contingent that it is compliant with the ADA regulations and the State Elevator inspection.  All ayes, MOTION CARRIED.

 

2005 Mill and Overlay project bids:  Mr. Eulberg explained the two bids received.  MOTION by O’Malley, second by Laatsch, to approve the apparent low bid of Tower Asphalt in the amount of $69,046.00 for the 2005 Mill and Overlay Project, and the Alternate Bid of $19,574.75 for the Buckeye Parking Lot.  Radermacher requested extending the project to include 17th Street.  It was noted that 17th Street could not be included or voted upon, as it was not part of the bid submittal and was not an agenda item.  Radermacher stated he would pursue the possibility of seeking bids or Public Works action.  All ayes, MOTION CARRIED.      (NOTE:   After the meeting, the bid tabulation revealed that Tower Asphalt did not submit the lowest bid.  This matter was placed on the July 5, 2005 Council agenda.)   

 

2005 Sidewalk, Curb and Gutter Replacement Program bids – Preliminary Resolution No. 10-05, and schedule Public Hearing for Tuesday, July 5, 2005 at 6:55 p.m.:  MOTION by O’Malley, second by Laatsch, to suspend the rules toward adoption of Preliminary Resolution No. 10-05.  All ayes, MOTION CARRIED.  MOTION by O’Malley, second by Laatsch, to approve the bid of $69,410.00 from Pember Excavating for the 2005 Sidewalk, Curb and Gutter Replacement Project, and adopt the following, with the Public Hearing scheduled for 6:55 p.m. on Tuesday, July 5, 2005:

RESOLUTION 10-05

Preliminary Resolution re:  2005 Sidewalk, Curb and Gutter

 Replacement Project Special Assessments

(copy on file in Clerk’s office)

 

All ayes, MOTION CARRIED.

 

Request for “No Parking” signage on west side of River Ridge Road: radermacher stated that the residents requested the no parking signage and the Public Safety Committee recommended approval.  MOTION by O’Malley, second by Laatsch, to approve the installation of “No Parking” signs on the west side of River Ridge Road.  All ayes, MOTION CARRIED.

 

Consider stop signs on Maxwell Drive at Hanley Road and at Carmichael Road:  radermacher reported that Public Safety Committee recommended approval for erection of the stop signs on Maxwell Drive.  MOTION by Radermacher, second by Riedel, to approve the installation of stop signs on Maxwell Drive at the intersections with Hanley Road and at Carmichael Road.  All ayes, MOTION CARRIED.

 

     Pedestrian safety concerns on Vine Street at Diamond Drive:  radermacher explained that the Public Safety Committee recommended pedestrian signage and painted crosswalks for pedestrian safety.  It was noted that the painting has already been done and the sign is in place.  MOTION by Radermacher, second by O’Malley, to approve the painting of a double-bar crosswalk and erection of a portable crosswalk sign on Vine Street at Diamond Drive.  All ayes, MOTION CARRIED.

 

Update on projects:  engineer Angela Popenhagen reviewed the Project Update Report.  She stated that the site grading at Ban Tara and Golf View Centre was well under way, and site grading at the First Presbyterian Church has begun.  She noted that the pre-construction meeting was held, comments were received, and they hope to get started soon.   There were no questions from Council members.

 

     Ordinance No. 15-05 re: proposed amendment to City of Hudson Zoning Code, Section 255-48, Off-street Parking Requirements:  Mayor Breault explained that he and a few Council members met with downtown business owners and members of the Chamber of Commerce Parking Committee regarding this proposed ordinance and other parking issues.  He reported that the consensus of the group was to delay action on Ordinance 15-05 at this time.  O’Malley stated he did not feel that immediate action was necessary.  MOTION by Radermacher, second by O’Malley to postpone action on adoption of Ordinance 15-05 for thirty days, or two Council meetings.   MOTION AMENDED by Radermacher, second by O’Malley to read “postpone discussion” on this topic.  Mayor Breault stated that the meeting was healthy and generated some good ideas, including the possibility of conducting another parking lot survey, creating more parking spaces, and the request for employees of businesses not to park in front of their buildings or stores.  All ayes, MOTION CARRIED.

 

Resignation of Parks Superintendent:  the Council reviewed copies of the 6/13/05 memo from Dan Roeglin.  MOTION by O’Malley, second by Radermacher, to accept and place on file the resignation of Parks Superintendent Dan Roeglin, effective June 29, 2005.  All ayes, MOTION CARRIED.

 

Consider appointment of Interim Parks Superintendent and Emergency Management Director:  mayor Breault recommended appointing Jim Eulberg as interim Parks Superintendent and Emergency Management Director.  He reported that a meeting was held with Mr. Eulberg, Park Board Chairman Don Gilbert and Alderperson Paul Radermacher to discuss Park projects.  Mayor Breault noted that another meeting would be held, with a report forwarded to the Council.  MOTION by O’Malley, second by Radermacher, to approve the appointment of Jim Eulberg as interim Parks Superintendent and Emergency Management Director.  It was noted that compensation would be discussed at a future Finance Committee meeting.  All ayes, MOTION CARRIED.

 

Resolution No. 8–05, Initial Resolution authorizing the borrowing of not to exceed $12,060,000, providing for the issuance and sale of general obligation securities therefore and levying a tax in connection therewith:  Finance Officer Betty Caruso explained that State levy limits have not yet been approved, but they have been proposed.  She noted that one of the State’s options was Motion 897 which would have a two-year levy limit that would limit the levy to the growth factor.  She recommended adoption of the resolution to cover any possible future capital expenditures, bonding, and related tax levies, noting that the resolution would be good for five years.  Attorney Munkittrick added that pursuant to State rules, the resolution would need to be adopted before July 1, 2005.  MOTION by O’Malley, second by O’Connell, to suspend the rules toward adoption of Resolution No. 8-05.  All ayes, MOTION CARRIED.  MOTION by O’Malley, second by Radermacher, to adopt the following:

 

RESOLUTION NO. 8-05

INITIAL RESOLUTION AUTHORIZING THE BORROWING OF UP TO $12,060,000

AND ISSUANCE AND SALE OF GO SECURITIES AND LEVYING A TAX THEREWITH

(Copy on file in Clerk’s office)

 

All ayes, MOTION CARRIED.

 

Xcel Energy – Landfill Siting Advisory Committee to review alternatives for fly ash disposal sites:  dennis Darnold reported on his recent attendance at a Landfill Advisory Committee meeting to discuss alternatives for fly ash disposal sites.  He stated that a site in the south area of the City was being considered, and inquired if Council wanted participation on this committee.  Mayor Breault recommended that Mr. Darnold be a member.  MOTION by Radermacher, second by O’Malley, to appoint Dennis Darnold to the Landfill Advisory Committee organized to review information and advise Xcel Energy on locating new landfill sites for fly ash generated at the Allen S. King plant.  All ayes, MOTION CARRIED.  Riedel inquired whether the location of the site has been determined.  It was noted that there was a great deal of material to be reviewed;  Mr. Darnold agreed to keep the Council updated.

 

Consider authorizing a Downtown Hudson Parking Survey and Report:  Mayor Breault stated that he was requesting authorization from Council to allow him to obtain a quote from Jim Janke and the UW-River Falls to conduct a survey on  downtown parking.  He stated that he needed to find out if and when it could occur, and what it would cost.  MOTION by O’Malley, second by Radermacher, to authorize Mayor Breault to obtain a quote for a downtown parking survey.  All ayes, MOTION CARRIED.

 

COMMUNICATIONS AND ITEMS FOR FUTURE AGENDAS:  O’Malley thanked the Coldwell Banker Burnet real estate company for lining many of the streets and avenues with flags for Flag Day.  He also apologized for a comment that he made at the last meeting regarding Mr. T’s Bar.  He stated that the former owner Laura Gray was and is a credit to the community and she ran her establishment that way.  He apologized for any confusion on the issue that his comments might have caused. 

 

Radermacher thanked Parks Superintendent Dan Roeglin for his many years of service and stated that he enjoyed working with him.

 

Attorney Munkittrick announced that she would not be at the July 5th Council meeting, but her partner, Attorney Joe Boles, would attend.

 

CLOSED SESSION  Convene into Closed Session pursuant to § 19.85(1)(e), Wis. Stats. to review 2005-2007 Collective Bargaining Agreements negotiated with Teamsters General Union, Local 662 – City of Hudson Clerical and Library Employees, and Public Works, Wastewater Treatment and Water Utility employees; and pursuant to § 19.85(1)(g), Wis. Stats. to confer with legal counsel regarding cases of Morris Carlson & Hoelscher P.A. vs. City of Hudson, and City of Hudson vs. Robert Koblylarczyk:   MOTION by O’Malley, second by Radermacher, to convene into Closed Session pursuant to § 19.85(1)(e), Wis. Stats. to review 2005-2007 Collective Bargaining Agreements negotiated with Teamsters General Union, Local 662 – City of Hudson Clerical and Library Employees, and Public Works, Wastewater Treatment and Water Utility employees; and pursuant to § 19.85(1)(g), Wis. Stats. to confer with legal counsel regarding cases of Morris Carlson & Hoelscher P.A. vs. City of Hudson, and City of Hudson vs. Robert Koblylarczyk.  Roll call vote, all ayes – MOTION CARRIED at 8:19 p.m.

 

 

 

 

 

 

 

 

Reconvene into Open Session for possible action regarding approval of 2005-07 Collective Bargaining Agreements and possible action regarding pending litigation.  motion by O’Malley, second by O’Connell, to reconvene into Open Session.  MOTION CARRIED – 8:37 p.m.

 

MOTION by O’Malley, second by O’Connell, to approve the 2005-2007 Collective Bargaining Agreements of the Teamsters General Union, Local 662 – City of Hudson Clerical and Library Employees, and Public Works, Wastewater Treatment and Water Utility employees.  All ayes, MOTION CARRIED.

             

MOTION by Radermacher, second by O’Malley to adjourn the meeting.  Meeting adjourned at 8:38 p.m.  MOTION CARRIED. 

 

Nancy Norvold, 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 sent forth therein.

 

Jack D. Breault, Mayor