CITY OF HUDSON COMMON COUNCIL MEETING

MINUTES OF MONDAY, AUGUST 2, 2004

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

PRESENT: Mayor Breault, Alderpersons Mike Laatsch, Dennis O’Connell, Paul Radermacher, Roger Riedel, Scot O’Malley, and Carah Koch.

OTHERS PRESENT: Catherine Munkittrick, Devin Willi, Dennis Darnold, Jim Eulberg, Betty Caruso, Dennis Postler, Randy Hanson, Eric Christensen, Dick Erickson, Jim DeBenedet, Martin Frank, Ted Beyer, Bob Asmus, Tyson Malchow, and others.

COMMENTS AND SUGGESTIONS FROM CITIZENS PRESENT: No comments or suggestions were offered.

CONSENT AGENDA: MOTION by Riedel, second by Radermacher, to approve the following Consent Agenda items:

MINUTES: Approve the Regular Meeting minutes of 7/19/04.

Certified Survey Map for four residential lots, SW¼, NW¼, Section 34, T29N, R19W, Town of Hudson (Extraterritorial Plat Review) Bill Sherman and Lis Hoyer Nielsen: Approve the four-lot Certified Survey Map as proposed by Bill Sherman and Lis Hoyer Nielsen in the Town of Hudson.

Certified Survey Map for two residential lots and one outlots, SW¼, SW¼, Section 34, T29N, R19W, Town of Hudson and NW¼, NW¼, Section 34, T29N, R19W, Town of Hudson, and NW¼. NW¼, Section 3, T28N, R19W, Town of Troy (Extraterritorial Review) – Tom Feldmann: Approve the Certified Survey Map as proposed by Tom Feldman for two lots and one outlot in the Town of Hudson and Town of Troy.

Final Development Plans for 12,040 square foot furniture store, and 1,980 square foot retail facility at 1600 Maxwell Drive – Stonewood Furniture: Approve the Final Development Plans for the retail and furniture store, as proposed by Jeannette Tobasi/Stonewood Furniture, with revision of the plans per the City Engineer’s recommendation, and that plans may be amended to reduce the number of off-street parking spaces, but not less than required for the combined retail and furniture store, with revised parking lot plans to be reviewed by the Community Development Director, and an Agreement to be executed that obligates the property owner to expand the parking, if required by ordinance.

Claims: Approve the following claims for payment:

Fund	Description	Payables	payroll	Totals
100	General	193,465.53	171,286.61	364,752.14
230	Wisc DVL/RVL	7,912.00	0.00	7,912.00
410	Tax Increment Financing	2,009.88	0.00	2,009.88
450	Capital Projects	41,881.78	0.00	41,881.78
610	Sewer	11,940.19	9,505.93	21,446.12
620	Parking Utility	311.41	1,016.74	1,328.15
630	Ambulance	3,383.94	10,732.75	14,116.69
	TOTALS	$260,904.73	$192,542.03	$453,446.76

Applications for Operator’s Licenses: Approve the issuance of Regular Operator's Licenses for the period 8/03/04 through 6/30/06 to:

Jessica Linn Jameson 637 13^th Street S. Hudson, WI

Jennifer Lane Paton 109 Walnut St., #8 River Falls WI

REPORTS OF CITY OFFICIALS, BOARDS AND COMMISSIONS: To place on file the quarterly reports of the quarterly reports of the City Clerk and Library Director, and the Community Access Board minutes of 7/27/04, St. Croix E.M.S. Commission minutes of 7/19/04, and Hudson Area Joint Library Board meeting minutes of 7/12/04.

Roll call vote, Ayes 6 to 0, MOTION CARRIED.

Application of Grammer, Inc., for a Conditional Use Permit to store more than 660 gallons of flammable or combustible liquids at 2700 Harvey Street – Lot 5 in St. Croix Business Park: Dennis Darnold explained that Grammer, Inc. had requested a Conditional Use Permit in order to install a foam seat manufacturing process. To accomplish this, flammable liquids would have to be stored at the Grammer facility, and a Conditional Use Permit would be necessary.

As a result of past concerns regarding flammable liquids storage issues, Mr. Darnold reported that the City conferred with Ted Beyer and Don Asmus to provide unbiased information concerning the specific chemicals involved in the foam seat process. He noted that they were requested to address the issues from a safety standpoint.

Martin Frank, Operations Manager of Grammer, Inc., stated that they hoped to expand their manufacturing business and in order to do so, they would need to store the components Suprasec, Dalto Flex and ACMOSIL 37-5006. He noted that Dalto Flex was the urethane resin and Suprasec was the initiator, and ACMOSIL 37-5006 materials were mold releases. The ISO room would be used to store up to 1,320 gallons of Suprasec. An adjoining room would house the foam machine, with sealed tanks of up to 20 gallons of Suprasec and 20 gallons of Dalto Flex. The production area would be used to store 2,640 gallons of the Dalto Flex. Piping would transport the Suprasec and Dalto Flex from the foam machine to the injection head, and when injected in the mold, a foam cushion would be produced in three or four minutes curing time. The cushions would then be removed and sent on for further assembly. The release agent, ACMOSIL 37-5006, is a water-based, non-combustible, non-flammable compound. Mr. Frank compared it to latex paint and reviewed the toxicity hazards of the material. He noted that the main hazard would be from fumes that could develop during evaporation. He stated that they anticipate that less than 100 parts per million would escape during a year of use. Mr. Frank emphasized that the manufacturing is a closed system that reduces any loss to the air. He also reported that segregating the chemicals was an important aspect of their plans for the proposed project. He noted that worldwide, Grammer, Inc. has been using this system for at least 13 years and they have not experienced any inhalation or flammable problems.

Ted Beyer, third party consultant for the City of Hudson, reported that the process is a very common practice and the amount that Grammer proposes to have on site is small in comparison to those used by other facilities. He stated that he currently has a client who handles 45,000 pounds of the material, and pointed out that it exudes 5 parts per billion on a low-level alarm basis and up to 20 parts per billion on a high-level alarm basis. He noted that the vapor pressure was extremely low and that it was an extremely viscous liquid. Cleanup is not difficult and it presents a very low danger to the environment. He also pointed out that it would combine with water.

Mr. Beyer reported that in conversations with Jack Colvard, Emergency Management Director for St. Croix County, the 1,320 gallons of flammable and combustible liquids would approximate 10,000 pounds of the material and there would be no possibility of it meeting the threshold of levels of concern. Dennis Darnold also noted that reports are filed with the Fire Department, ambulance service and the 911 dispatch center for notification to alert those emergency services in the event of any problems.

Bob Asmus, also a third party consultant for the City of Hudson, stated that he was presently a chemist at the 3M Company and the training for his Masters Degree involved polyurethane MDIs. He stated that the chemical is considered a hazardous air pollutant, but in comparison to xylene, it would rank one 20,000^th of a typical solvent. He, too, reported that it has a low vapor pressure, however, individuals can become sensitized to the liquid if it is absorbed through the skin or inhaled in any amount. Once an individual is sensitized, they remain sensitized for life. Mr. Asmus reported that Grammer is using a reasonable approach to limit the exposure, and he anticipated that they would be providing full ventilation and alerting their employees to any sensitization problems. He explained that he had consulted with the Alliance of Polyurethane Industries, and they had indicated that 10 to 15% of the population is hypersensitive to readings of 5 parts per billion or less.

Martin Frank provided additional information about his background, some of the precautions, and other items associated with the proposed project. He stated that his Master’s Degree was also in chemistry, and he had worked ten years as a chemist prior to working with Grammer. He noted that precautions and controls could be utilized to handle the chemicals and safety measures would be followed for storage. Mr. Frank presented additional details about the process: 1) Grammer was not proposing to use pure isocyanine. 2) The process is not substantially heated. It is only upon heating that iso becomes readily vaporized. 3) The machines are equipped with detection systems to indicate low measures and pressure measures as safeguards to alert of any problems. 4) The materials arrive in 275-gallon totes. He also explained that Grammer would be required to comply with OSHA, EPA and Workers Right to Know, and their usual procedure was to cover specific handling of chemicals regarding worker’s safeguards.

A number of questions were raised, and one in particular concerning what would happen if a spill would occur. It was noted that the liquid, because it is extremely viscous, would not pose any immediate danger, as it is 8.5 times the weight of air. Mr. Beyer stated that the likelihood of a liquid spill traveling to other areas or outside of the plant would be very unlikely. Dennis Darnold reviewed the recommendation of the Plan Commission.

MOTION by Riedel, second by O’Connell, to approve the issuance of a Conditional Use Permit, as amended per § 255.37, to allow Grammer, Inc. to store up to 1,320 gallons of flammable and combustible liquids as identified in their application and amended per their letter of 7/15/04, with the permit to be reviewed in 24 months (8/1/06). All ayes, 6 to 0, MOTION CARRIED.

Landscaping plan of berm and entrance area for Mimbach Quarry, south of Hanley Road, west of O’Neil Road – Milestone Materials/Mathy Construction: Dennis Darnold reported that in conversations with Mark Zappa, the landscape area for the Hanley Road entrance to the quarry might include an area up to 20 acres, as opposed to their initial proposal of 10 acres. He noted that while the Plan Commission supported the idea, the question of periodic burning of the prairie area was raised. At present this would be in violation of the open burning regulations imposed by the City. He stated that approving the proposed landscape plan would create an exception and possibly create future problems if other property owners also wish to create prairie grass areas.

Mayor Breault suggested that further study would be in order to review the ordinance and other matters, with consideration at a later date. City Attorney Catherine Munkittrick advised Council that it would be best to wait, conduct a study, and then present a recommendation for approval. MOTION by Radermacher, second by Laatsch, to refer to the Public Safety Committee the landscape plan for prairie grasses and a rain garden proposed by Milestone Materials/Mathy Construction. All ayes, 6 to 0, MOTION CARRIED.

Consider vacating the west 33 feet of Rock Street right-of-way between Harvey Street and Enloe Street in St. Croix Business Park – Resolution No. 7-04: motion by O’Malley, second by Koch, to conduct a first reading on Resolution No. 7-04. All ayes, MOTION CARRIED.

Final Plat for Heritage Greens Second Addition, 103 residential lots and two outlots north of Hanley Road and west of STH 35 – BrightKEYS Development: dennis Darnold explained that this was the third phase of the Heritage Greens development, and the Final Plat for the Second Addition contained 103 residential lots and two outlots located north of Hanley Road and west of STH 35. He noted that some of the lots are single lots and have zero lot lines. In addition, Mr. Darnold pointed out that elevations of the lots were also studied to determine whether it was a workable plan. He noted that the plat could not be filed until the Developer’s Agreement has been completed, and Attorney Munkittrick was presently preparing the Agreement. MOTION by O’Malley, second by Radermacher, to approve the final plat of Heritage Greens Second Addition, with the following conditions:

1. The plat be revised per the City Engineer’s recommendations

2. Alleyways will be designated as private.

3. Street name for the street extending southwest from Outlot 8 (park)

be designated.

4. Minimum elevations for buildings and openings to buildings be

Noted on the plat.

5. The plat can not be filed until the Developer’s Agreement has

Been executed.

All ayes, MOTION CARRIED.

Purchase of skidsteer for Public Works Department: public Works Superintendent/Engineer Jim Eulberg reported that bids had been received from Tri State Bobcat Inc. in the amount of $29,759.80 and Northern Engine Supply, Inc. at $31,669.00. He stated that the current skid steer loader is not operable at present, the motor has failed, and the Public Works crew is falling behind in work that needs to be accomplished during the summer months. He also noted that there is approximately $22,000 available in the existing equipment account, and the remainder would come from fund balance. MOTION by Radermacher, second by Laatsch, to approve the purchase of a 2,500-pound capacity Skid-Steer loader from Tri State Bobcat, Inc. in the amount of $29,759.80. It was noted during discussion that the Public Works Department also has the ability to rent equipment if an emergency occurs before delivery. All ayes, MOTION CARRIED.

Purchase of copy machine for Third Floor of City Hall: dennis Darnold explained that the current copy machine is unreliable and a new one is desperately needed. He noted that their usual rate of copies is 10,000 per month, and in studying the purchase and lease options, it appeared that the lease option was more favorable. MOTION by O’Malley, second by O’Connell, to approve the lease of a Canon Image Runner copy machine from E.O. Johnson Company at a cost of $170.58 per month for 36 months. All ayes, MOTION CARRIED.

Plans for St. Croix E.M.S. Paramedic service: St. Croix E.M.S. Chief Eric Christensen reported that in September of 2003, the EMS Commission approved the plans to go forward with a two-step process to upgrade the level of skills for the volunteers in the service, noting that they are currently at the Intermediate level.

Mr. Christensen reported that during the past few months, 23% of the accidents that the EMS responded to required Paramedic care, which equates to approximately 200 to 210 residents not currently provided with that level of service. He also noted that they had a significant increase in the number of calls in 2003 over 2002. He explained that the State is also requiring that all EMS services upgrade, and, in addition, Medicare service rates would drop if the service does not take the opportunity to upgrade. Mr. Christensen noted that Paramedic is the highest level of emergency care that patients can receive. In addition, the service anticipates reducing their response time to eight minutes. He noted the “golden hour” – the one hour of critical time from the moment of the accident or injury to the time that the individual receives trauma care or emergency care at a hospital.

Mr. Christensen stated the Commission is mindful of the balance between the tax rate and services. It is their desire to have a Paramedic on duty 24/7. He noted that allowing this and utilizing the two new EMS service vehicles would reduce their response time by four minutes. He reported that before the proposal was finalized, numerous persons were consulted.

Mayor Breault noted that the State has given pre-approval of the proposal, and the difference in cost to the taxpayer would be to raise the per-capita cost from $4.00 to $7.00 to help the expected increase in the budget. Providing Paramedic care would be an important factor in transporting patients to the proper hospital for treatment.

In addition, Mr. Christensen offered comparative cost survey information, noting that Ellsworth is presently at $10.00 per capita. A number of questions were raised concerning the basis for the charges insofar as costs to the patient who receives the ambulance service. Mr. Christensen noted that they would intend to hire four full-time Paramedics and three or four part-time Paramedics and would hire from their current volunteer list first.

Mayor Breault stated he had spoken with the other municipalities, and it was their feeling that Hudson should be the lead City for the proposal and they were not supportive of creating a separate entity for the service. MOTION by O’Malley, second by Radermacher, to approve upgrading the St. Croix E.M.S. service to a Paramedic level of care with full-time and part-time personnel, and increase the assessment fee from $4.00 to $7.00 per capita in the 2005 contract. All ayes, MOTION CARRIED.

Purchase of TiPPSCourts computer software for Municipal Court: motion by O’Malley, second by O’Connell, to approve the purchase of TiPPSCourts computer software from Titan Public Safety Solutions, LLC, Lake Mills, WI, at a cost of $7,949.38, provided that the Municipal Court office does not need any additional hardware or software to implement this new TiPPS software. All ayes, MOTION CARRIED.

Application by Indue Sales and Service, Inc (Lot 15, St. Croix Business Park) for revolving Loan Fund/St. Croix Business Park Loan Program loan funds for equipment, furniture and fixtures – City of Hudson Revolving Loan Fund Committee: Dennis Darnold reported that Indue Sales and Service, Inc. was in the process of constructing their new facility within St. Croix Business Park and they were in need of a loan to purchase various pieces of equipment, furniture and fixtures. He reported that the Revolving Loan Fund Committee had recommended approval of their request. MOTION by Riedel, second by Radermacher, to approve the application of Indue Sales & Service, Inc. for a loan from the Revolving Loan Fund/St. Croix Business Park in the amount of $116,000 to purchase equipment, furniture and fixtures, with the following conditions:

a. Interest rate of 4%.

b. Interest only payments during the first 4 months of the term

of the loan, followed by equal monthly payments of principal

and interest.

c. Term to be 7 years.

d. Collateral is to name the City the first security position on

equipment, furniture and fixtures financed with City loan funds;

Subordinated mortgage on the business property in the St. Croix

Business Park; personal guarantee of Thomas J. Scanlan and Corrine

Hoeft.

e. Covenants and Conditions: Provide year-end financial statements within 120 days of year end, and interim financial statements as requested; retain the company’s operation in the City of Hudson until the loan is repaid; provide evidence of other funds invested into this project; other covenants required by the Loan Fund Program and subject to Wisconsin Department of Commerce approval of the St. Croix Business Park Loan Program Manual.

Questions were raised regarding the number of employees. It was noted that there would be eight full-time and two part-time employees involved with this new business. All ayes, MOTION CARRIED.

Bids for Carmichael Road/Vine Street Turn Lane Improvements Project: Dennis Postler reported on the bids that were opened on Thursday, July 29^th from Monarch Paving Company in the amount of $94,015.75 and Pember Companies, Inc. in the amount of $102,263.25. MOTION by O’Malley, second by Radermacher, to approve the bid from Monarch Paving Company/Division of Mathy Construction Company in the amount of $94,015.75, plus engineering and administrative costs associated with the assessments for the Carmichael Road Turn Lane Improvements at Vine Street Project. All ayes, MOTION CARRIED.

Authorization to enter into long-term Agreement for purchase of new fire truck: finance Officer Betty Caruso explained that the City had previously approved a Capital Projects expenditure list that included $400,000 for a new fire truck. She noted that the proposed lease has been calculated at an interest rate of 5.3% for a term of 10 years, and it was a closed-end lease that does not allow for early payment. In considering alternative financing with local banks, she noted that this might still be a possibility, and a loan from the State Trust Fund could also be considered to fund the project. MOTION by Radermacher, second by O’Malley, to approve the purchase of the 2004 custom pumper at a cost of $399,766.00, and direct the Finance Officer to obtain the lowest interest rate of funding for the purchase. All ayes, MOTION CARRIED.

Update on Projects: Dennis Postler presented his written Update report. No specific questions or problems were raised.

COMMUNICATIONS AND ITEMS FOR FUTURE AGENDAS: Administrator Willi stated that he continues to look at other health insurance options for the City, noting that he is still faced with issues regarding matching the present coverages. He also reminded that the first Council meeting in September would be Tuesday, September 7^th, immediately following Labor Day, September 6^th.

MOTION by O’Malley, second by O’Connell, to adjourn the meeting. Meeting adjourned at 8:23 p.m. MOTION CARRIED.

Patricia A. Dotseth, 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