CITY OF HUDSON COMMON COUNCIL MEETING

MINUTES OF MONDAY, JULY 6, 2009

 

     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:  Cathy Munkittrick, Devin Willi, Betty Caruso, Denny Darnold, Chuck Schwartz, Marty Jensen, Mary Yacoub, Gordon Conard, Hans Lamkin, John Larsen, Mike Wallace, Tom Zeuli, Eric Christensen, Willy McManus, Jeannette Kunz, Rich O’Connor, Nick and C.R. Hackworthy, members of the 2009 Peewee Friendship Hockey team, Randy Hanson, Chris Dike, Janean Dike,  and others.

 

     COMMENTS AND SUGGESTIONS FROM CITIZENS PRESENT:  Rich O’Connor spoke on behalf of the Peewee International Friendship Hockey Tournament and announced that Hudson was chosen as the venue for the tournament in 2011.  He thanked the current and former Mayors and Council members for their support.  He noted that the tournament is a cultural exchange event and the participants are housed locally, which contributes to the experience.  Mr. O’Connor stated the event could generate three-quarters to $1 million of revenue locally, through hotel accommodations, restaurants, and local shops.  He also thanked the businesses that have contributed to the building housing the second sheet of ice at the arena; he noted without it, the tournament could not be held here.  The organization will provide dates and other information at future meetings.

 

     Willy McManus, 802 Ninth Street, expressed concern for traffic on Ninth Street between Vine and St. Croix Streets, and the excessive speeding problems.  He recommended speed limit signs be installed on Ninth Street at either Orange or Pitt Street.  Mr. McManus praised the services of the Police and Fire Departments, but noted the safety concerns for children in the area. 

 

     Mayor Knudson thanked Mr. McManus for his comments and asked for other comments or suggestions; none were given.

 

     CONSENT AGENDA:  MOTION by Bernard, second by O’Malley to approve the following Consent Agenda items:

 

MINUTES:  Approve the Regular Meeting minutes of 6/15/09 and the Special Meeting minutes of 6/29/09.

 

CLAIMS:  Approve the following claims for payment:

 

FUND

DESCRIPTION

PAYABLES

PAYROLL

TOTALS

100

General

128,097.05

163,034.67

291,131.72

290

Police Donations

185.90

0.00

185.90

450

Capital Projects

109,945.71

0.00

109,945.71

610

Sewer

106,918.11

10,573.37

117,491.48

620

Parking

861.54

1,117.36

1,978.90

630

Ambulance

3,924.64

25,334.33

29,258.97

 

Totals

349,932.95

200,059.73

549,992.68

 

Request for change of agent for alcoholic beverage license of La Fiesta Mexicana restaurant, 1801 Ward Avenue #240, Plaza 94: Approve the appointment of German Felipe Duran as alcoholic     beverage license agent for La Fiesta Mexicana Restaurant in Plaza 94.

 

     REPORTS OF CITY OFFICIALS, BOARDS COMMISSIONS:  Place on file the quarterly reports of the Police Chief and St. Croix E.M.S. Chief, and the semi-annual report of the Compliance Officer, and the Community Access Board minutes of 6/23/09 and Board of Review minutes of 6/11/09.

 

 Roll call vote:  Ayes (6).  MOTION CARRIED.

 

Request by TV & H Properties LLC to extend the date of completion for Heritage Boulevard street and utility project from June 16, 2009 to August 15, 2009, and extend the date for the completion of Market Green from July 1, 2009 to July 1, 2010:  o’malley recused himself.  Denny Darnold shared information regarding the request for the City to consider an amended date for the completion of the improvements to Market Green in the commercial area of the Heritage Greens planned residential development.  He provided details on the request to extend the completion date for Market Green and the Heritage Boulevard improvements.  He noted that a completion date of August 15, 2009 was possible for the Heritage Boulevard project.  He also stated that if not finished by that date, the City could draw upon the letter of credit.

 

Additional information was shared regarding the Market Green project.  He noted it would be a private park and no association was in place to pay for the maintenance cost of the improvements, once they are installed.  Mr. Darnold stated that he had assurances from the bank that the letter of credit could be extended, but not longer than one year. 

 

Mr. Darnold proposed four possible options for Council consideration, including: (1) immediately pulling the letter of credit for Market Green and hold the funds; (2) Approve the Plan Commission recommendations from the June 4, 2009 meeting that require the improvements be done by September 30, 2009, including Heirloom street improvements.  He noted he disagreed with that recommendation regarding the Heirloom street improvements. (3) Accept the proposal from TV & H Properties to extend the improvements for Market Green until the commercial venture has an occupancy permit issued and the improvements have to be in place by that time.  (4) He recommended that the City hold security funds, with the bank extending the letter of credit for one year. 

 

Mr. Darnold noted that the residential homeowner’s association was not part of the commercial association involved with the Market Green project, and that TV & H representatives were present to answer any questions.

MOTION by Morrissette, to accept Mr. Darnold’s recommendation to allow the bank to extend the letter of credit for one year and extend the time period for completion to July 1, 2010, and also to review the progress of the project with the option to draw upon the letter of credit, if needed.  Mayor Knudson called for a second three times; none was given.  MOTION FAILED for lack of a second.

 

MOTION by Brokaw, to accept the recommendation of the Plan Commission to extend the date for completion of the Market Green improvements from 7/1/09 to 9/15/09.  Mayor Knudson requested additional information before a motion is presented.  MOTION WITHDRAWN by Brokaw.

 

Additional discussion was held regarding the Heirloom Street improvements, the planned residential neighborhood, maintaining a level of trust, and acknowledging that completion of the development is slow due to the current economic conditions.  Accountability to the residents of the neighborhood was highlighted.  Mr. Darnold reviewed the progress on the Heritage Boulevard improvements project and the desire to hold the letter of credit as an element of control, but also to acknowledge the need for flexibility.  Brokaw expressed concern for residents of the development.  Additional discussion was held regarding financial constraints, the ability to complete the improvements by the original date, and having realistic expectations. 

 

MOTION by Bernard, second by Wyland, to extend the deadline for completion of the Heritage Boulevard improvements to August 15, 2009.  Ayes (5), MOTION CARRIED.

 

 MOTION by Morrissette, second by Burchill, to approve option number 4 as presented by Mr. Darnold, to allow an extension date for completion of the Market Green improvements to July 1, 2010, with the condition that the City control the letter of credit in a separate account, with the right to draw from it, with the letter of credit extended by the bank up to October 28, 2010, and that a 60-day notification be given to the City by the bank prior to its expiration.  City Attorney Munkittrick advised the need for a written notice from the bank regarding authorization of the extended letter of credit, and documentation that the City could call in the letter of credit if the deadline is not met.  Mr. Darnold requested permission to pursue getting the letter of credit turned over to the City prior to July 1, 2010. 

 

Wyland suggested an amendment to the motion to include that if the Heirloom development was completed earlier, that the park also be completed earlier.  Discussion was held regarding the possible amendment to the motion.  Bonestroo Engineer Chuck Schwartz advised that the best case scenario would probably be completion by July 1, 2010.  The motion amendment was not accepted.  Brokaw expressed concern regarding the residents and the commitments made to them.  The question was called:  Ayes (4); Brokaw voted no.  MOTION CARRIED.   C.R. Hackworthy offered his thanks for the Council support and noted the hard work being done on the project and their desire to complete the park.  He noted the progress and pointed out the improvements that have been finished.     

     Applications for Operator’s Licenses:  morrissette recused himself. Mayor Knudson noted that the Finance Committee recommended approval.  MOTION by Wyland, second by Bernard, to approve the issuance of Regular Operator’s Licenses for the period 7/7/09 to 6/30/11 to:

 

 

Jennifer E. Baribeau       134 S. Main St. Apt. 23         Woodville, WI

Mauricio Bustos            73 Cimarron                     Lake Elmo, MN

Thomas L. Christianson     409 Second Street               Hudson, WI

Michaelann M. Gillis       712 W. 32nd Street               Minneapolis, MN

Mathew P. Hansen           2472C Cobble Hill Alcove        Woodbury, MN

Nathan T. Kovatch          345 Cove Road                   Hudson, WI

Angela L. Larson           821 E. Cascade                  River Falls, WI

Kelli M. Moore             510 Cedar Drive N.              Hudson, WI

Amanda J. Riley            2109 Vining Drive               Woodbury, MN

Elizabeth A. Schadt        2231 100th Street                Somerset, WI

Jevon J. Schoeck           825 Fox tree Lane N.            Hudson, WI

Tara L. Schroeder          3085 Greenbrier Street          Little Canada, MN

 

Ayes (5), MOTION CARRIED.

 

Review drafts of job descriptions for Building Inspector/Assistant Zoning Inspector position:  Mayor Knudson noted that the Finance Committee recommended minor changes to the draft of the job description.  Administrator Devin Willi noted the change to the last sentence (in the third paragraph on page 1) to be “Two years experience as a certified building inspector in Wisconsin.”  MOTION by Wyland, second by O’Malley, to approve the July 6, 2009 draft of the job description for the Building Inspector/Assistant Zoning Administrator position. Ayes (6), MOTION CARRIED.  Mayor Knudson noted the item would return to the Council at a future meeting regarding personnel to fill the position.

 

Review and approve job descriptions for St. Croix E.M.S. Rescue Administrator and Health and Safety Officer positions:  St. Croix E.M.S. Chief Eric Christensen presented information regarding the proposed changes to the job descriptions, and recommended they be made for more efficient operations.  He noted that Rescue Administrator was a separate part of the operations, and the Health and Safety Officer was needed for better record-keeping management.  He stated that the Ropes Coordinator duties would be assigned to the Rescue Administrator’s position.  Chief Christensen also reported that the Health and Safety Officer position would be posted, and that the changes to the job descriptions would not involve any pay increases.

 

  MOTION by Wyland, second by Bernard, to approve the job descriptions for the St. Croix E.M.S. Rescue Administrator and Health and Safety Officer positions, as submitted.  The requirement of one year’s experience with St. Croix E.M.S. and Rescue was reviewed and explained.  All ayes (6), MOTION CARRIED.

 

Review bids and consider awarding contract for 2009 Street Improvements Project:  Bonestroo Engineer Chuck Schwartz explained the 2009 Street Improvements project and provided details on the bids that were received.  He stated that the apparent low bidder was Scott Construction, and it included two alternate bids.  Mr. Schwartz noted that City staff and the engineers recommended awarding the project to the low bidder, using alternate number 1, natural stone seal coat aggregate, for a total of $267,422.07.  Additional information was shared regarding the estimated cost of the project and the engineering fees, noting that the project costs were less than estimated. 

 

Discussion was held regarding capital projects included in the budget, and the proposed Stageline Road and Coulee Road projects.  Information was provided on the methods used to determine which projects should be done, and their budget impact.  MOTION by Burchill, second by O’Malley, to accept and award the 2009 Street Maintenance Project to Scott Construction Inc., Lake Delton, WI, using Alternate Number 1, for a total cost of $267,422.07.  All ayes (6), MOTION CARRIED.

 

     UPDATE ON PROJECTS:  Engineer Chuck Schwartz provided information on the 11th Street Improvements Project and noted that bids would be opened on July 16, 2009 and would be on the agenda for consideration at the July 20th meeting.  He also gave an update on the Carmichael Road Mill and Overlay Project and reported that evening mill and overlay work was set to begin Monday night, July 6th.  Milling of Carmichael Road south of Crest View Drive was scheduled to begin July 9th.  Updates on the project would be available on the City’s webpage. 

 

     Wyland requested an update on the status of the Space Needs Study.  Police Chief Jensen stated that he expected a report by July 8th or 9th and copies would be provided.

 

     Consider amending Municipal Code Ch. 145-2-B.2.b re: beer license quota Ordinance No. 9-09:  It was noted that the first reading of the ordinance was held on June 15, 2009.  Information was shared regarding the City’s current quota and that the State of Wisconsin does not regulate the number of Class B beer licenses.  Mayor Knudson stated that incremental changes to the City’s quota can be adopted as needed.  Discussion was held regarding the need for more availability.

 

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

 

ORDINANCE NO. 9-09

AMEND MUNICIPAL CODE CH. 145-2-B.2.B RE: BEER LICENSE QUOTA

 (Copy on file in Clerk’s office)

 

All ayes (6), MOTION CARRIED.

 

Consider amending Municipal Code, Ch. 132 re: Fireworks – Ordinance No. 8-09:  It was reported that the first reading was held June 15, 2009.  Discussion was held on recent changes to State law.  Attorney Munkittrick noted that a summary of the changes would be available soon.  Enforcement was discussed.  Police Chief Jensen expressed concern for businesses that are issued permits to sell legal fireworks, but not illegal fireworks.  He stated that the ordinance change offered the ability for better enforcement.

 

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

 

ORDINANCE NO. 8-09

AMEND MUNICIPAL CODE CH. 132 RE: FIREWORKS

 (Copy on file in Clerk’s office)

 

Discussion was held regarding changes to State law and enforcement in the City, as well as the possibility of more committee work for additional changes at a future date.  Ayes (5); Morrissette voted no.  MOTION CARRIED.

  

Special Assessments for Eleventh Street Improvements Project – Preliminary Resolution No. 10-09.   MOTION by O’Malley, second by Bernard, to suspend the rules toward adoption of Resolution No. 10-09.  Roll call vote, Ayes (6), MOTION CARRIED.  MOTION by O’Malley, second by Bernard, to adopt the following:

RESOLUTION NO. 10-09

PRELIMINARY RESOLUTION RE: SPECIAL ASSESSMENTS FOR

ELEVENTH STREET IMPROVEMENTS PROJECT

 (Copy on file in Clerk’s office)

 

All ayes (6), MOTION CARRIED.

 

COMMUNICATIONS AND ITEMS FOR FUTURE AGENDAS:  Council members congratulated the Hudson Booster Club organization for a successful celebration and fireworks show. 

 

CLOSED SESSION pursuant to §19.85(1)(g), Wis. Stats. to confer with legal counsel concerning strategy to be adopted with respect to notice of claim from Lifeline Systems, Inc. d/b/a LifeQuest:  motion by O’Malley, second by Wyland to confer with legal counsel concerning strategy to be adopted with respect to notice of claim from Lifeline Systems, Inc. d/b/a LifeQuest.  Roll call vote, all ayes (6) MOTION CARRIED at 8:45 p.m.

 

 

reconvene in Open Session for POSSIBLE ACTION on notice of claim from Lifeline Systems, Inc. d/b/a LifeQuest – Resolution No. 11-09:  MOTION by O’Malley, second by Wyland to reconvene into Open Session.  All ayes (6), MOTION CARRIED at 8:58 p.m.

 

MOTION by O’Malley, second by Wyland, to suspend the rules toward adoption of Resolution No. 11-09.  Roll call vote, Ayes (6), MOTION CARRIED. 

 

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

 

RESOLUTION NO. 11-09

DISALLOWANCE OF CLAIM FROM LIFELINE SYSTEMS INC.

D/B/A LIFEQUEST

 (Copy on file in Clerk’s office)

 

All ayes (6), MOTION CARRIED.

 

     ADJOURN:  MOTION by Morrissette, second by O’Malley to adjourn at 8:59 p.m.  All ayes, MOTION CARRIED.

 

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