city of hudson common council

meeting minutes of monday, august 7, 2006

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 Randy Morrissette, Dennis O’Connell, Paul Radermacher, Lee Wyland, Scot O’Malley and Carah Koch.

OTHERS PRESENT: Devin Willi, Catherine Munkittrick, Mike Wallace, Paul Larson, Marty Jensen, Denny Darnold, Betty Caruso, Gordon Conard, Angela Popenhagen, Mike Kruger, Jim Eulberg, Dan Bruch, Shelly Johnson, Kurt Tewinkel, Brian Zeller, Jim Zeller, Dick Pearson, Roger Humphrey, Wayne Glassbrenner, Asaki Shimura, Adele Dolan, Mark and Ruth Dolan, Curt Kusilek, Tony Tillmans, Jim Benshoof, Mia Stubendick, Cory Stubendick, Mitch Johnson, Jen Oscarson, and others.

Mayor Breault led those assembled in the Pledge of Allegiance.

COMMENTS AND SUGGESTIONS FROM CITIZENS PRESENT: Mayor Breault presented a certificate to Ms. Asaki Shimura as official recognition as a distinguished visitor to the City of Hudson. Ms. Shimura is part of a cultural and language study program from Japan; while in Hudson she is residing with the Dolan family.

Dan Bruch requested Council to consider adopting resolutions calling for the impeachment of President Bush and Vice President Cheney, and also to call for Bush to commence withdrawal of American troops in Iraq.

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

MINUTES: Approve the Regular Meeting minutes of 7/17/06, Closed Session minutes of 7/5/06, and Joint Meeting Minutes of 7/20/06.

Review and consider extending Conditional Use Permit for storage of flammable or combustible liquids at 2700 Harvey Street – Grammer, Inc.: Approve extending the Conditional Use Permit to Grammer, Inc. for storage of up to 1,320 gallons of flammable and combustible liquids (as identified in their original application and amended per their letter of 7/15/04) for a period of three years (August 1, 2009) with the same conditions required for their original permit approval.

Claims: Approve the following claims for payment:

Fund	Description	A/P Amounts	Totals	Totals
100	General	208,780.58	153,787.56	362,568.14
410	Tax Increment Financing	4,953.13	0.00	4,953.13
450	Capital Projects	30,779.32	0.00	30,779.32
490	Biosolids	750.00	0.00	750.00
610	Sewer	105,544.66	10,476.00	116,020.66
620	Parking Utility	7,582.87	1,179.11	8,761.98
630	Ambulance	14,743.78	20,766.49	35,510.27
	TOTAL	$373,134.34	$186,209.16	$559,343.50

APPLICATIONS FOR OPERATOR'S LICENSES: Approve the issuance of Regular Operator’s Licenses for the period August 8, 2006 to June 30, 2008 to:

Mellissa Joy Dahl 1212 Seventh Street Hudson, WI

And the issuance of Temporary Operator’s Licenses to be used September 16 and 17, 2006 at St. Patrick’s Fall Festival to:

John A. Grancorvitz 818 Harbor View Road Hudson, WI

Timothy J. Gross 737 Deer Path Road N. Hudson, WI

And deny the Operator’s License application of Jennifer Lynn Burton, Hammond, WI, due to false information provided on the application, and information showing she is a habitual law offender pursuant to Ch. 125.4(b) of Wisconsin Statutes.

St. Croix E.M.S. write-offs: Approve the St. Croix E.M.S. write-offs in the amount of $21,760.24, as recommended by LifeQuest, following Phase III of their collection procedures.

Request for permission to hold a birthday party with a band until 10:00 p.m. in Stonepine: Approve the request of Sara Faust, 2009 Stonepine Avenue, to allow a band to play during her home party from 6:15 p.m. to 10:00 p.m. on Saturday, August 19, 2006.

Request for Teens for Christ Walkathon event: Approve the Teens for Christ Walkathon event to be held Saturday, September 30, 2006.

Request for Girls Night Out event: Approve the Girls Night Out bicycle touring event to be held Friday, September 8th and Saturday, September 9^th, with setup occupying the west half of the North Parking Lot at Second and Vine Street.

Request for 4^th annual SADD 5K Run: Approve the 4^th annual SADD 5k walk/run event to be held on Saturday, October 21, 2006 from 9:00 a.m. to 10:30 a.m.

Safety issues in Dunberry Pass: Approve the installation of “Children at Play” signs on Dunberry Pass, and request the developer to install speed limit signs within the Red Cedar Canyon development.

Request for autumn Taste Walk event: Approve the Sixth Annual Autumn Taste Walk event to be held on Locust Street between Second and Third Streets from 10:00 a.m. to 4:00 p.m. on Saturday, September 30, 2006.

REPORTS OF CITY OFFICIALS, BOARDS AND COMMISSIONS: Place on file the Quarterly Report of the Assessor/Building Inspector, and the Community Access Board minutes of 7/25/06, St. Croix E.M.S. Commission minutes of 7/24/06, and the Joint Library Board minutes of 7/10 and 7/24/06.

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

Façade improvements to County Market, 2310-2312 Crest View Drive, Learsi Hudson LLC/Jerry’s Foods/County Market: Denny Darnold reported on the proposed façade improvements to the County Market/Learsi retail complex, and noted that the Plan Commission recommended approval. He explained that City staff and BRA engineers met with the developers regarding access to the facility from Crest View Drive. He noted that the issues had been resolved and the revised plans will incorporate the modifications that were agreed upon.

MOTION by Morrissette, second by Radermacher, to approve the façade improvement project as proposed by County Market and Learsi Hudson, LLC, including the access modifications noted by Mr. Darnold. Discussion included clarification of the changes to the median and entrance. All ayes, (6) MOTION CARRIED.

Petition for annexation by DaMe Properties to annex 12.3 acres north of Stageline Road at the Stageline Road/Old Highway 35 intersection - Ordinance No. 12-06: mr. Darnold announced that a first reading of Ordinance 12-06 had taken place on July 17, 2006. He noted that the amount of traffic coming from the Hudson area was still a concern, as well as the design of the intersection, if the annexation takes place and a commercial development occurs. He stated that City staff recommended a traditional four-way stop with turn lanes, or a roundabout intersection.

Jim Zeller reviewed the past history of the property and explained the proposal for commercial development. MOTION by Radermacher, second by Morrissette, to approve the annexation, as outlined. Discussion included information from City Attorney Munkittrick concerning payment of required fees and changes or additions to Ordinance 12-06 that would be needed.

Lengthy discussion took place regarding commercial development in the City and the traffic impact. Information was shared that without the annexation, the commercial development could still happen. Attorney Munkittrick vocalized the need for a two-third majority to pass the ordinance, which would be four Council members. Vote taken by raise of hands, Ayes (3), Morrissette, Radermacher and O’Connell; Noes: (3), Wyland, O’Malley and Koch. MOTION FAILED.

Application of Kurt Tewinkel Companies, LLC for Class B beer license d/b/a Barley’s Pizza & Pasta, 1830 Webster Street, Suite 140 and 150: mOTION by O’Connell, second by O’Malley, to approve the issuance of a Class B Beer License to Kurt Tewinkel Companies, LLC, d/b/a Barley’s Pizza & Pasta, 1830 Webster Street, Suites 140 and 150, for the period 8/8/06 to 6/30/07. All ayes (6), MOTION CARRIED.

Review quotes and approve purchase of new Police Dept. speed trailer unit: police Sgt. Marty Jensen presented information on the price quotes for a radar speed monitoring trailer. He stated that the Finance Committee recommended purchasing the Smart 600 unit from Kustom Signals, Inc., which would meet the requirement of being under $7,000, and included the statistical software package and the option of adding a blinking light if the vehicle was above the speed limit. MOTION by Radermacher, second by Wyland, to approve the Police Department purchase of a Smart 600 speed monitoring radar trailer from Kustom Signals, Inc. at a cost of $6,520.00. MOTION AMENDED by Radermacher, second by Wyland, to also include the blinking light feature if the total cost remains under $7,000. All ayes (6), MOTION CARRIED.

Consider entering into a maintenance agreement for use of new Parking Utility hand-held units and software, and purchase of citations and ticket envelopes: it systems Administrator Mike Kruger provided information regarding new parking citation systems. He reported that the prices for the different systems ranged from $6,300 up to $51,000. He stated that he and the Finance Committee recommended the Clancy system, and explained that other towns in the area use the same system and have no major concerns. The price included use of five hand-held units, the computer and software, training, and 10,000 tickets. Mr. Kruger stated that the system would meet the City’s current needs and also could offer the option of paying tickets on-line. MOTION by O’Malley, second by Radermacher, to approve the initial agreement with Clancy Systems Parking at an initial cost of 6,300, (which included $2,500 for computer training and set-up, 10,000 tickets, use of computer, software, and five hand-held units and printers) plus $1,800 for annual maintenance, to be funded by the Parking Utility account. It was noted that additional tickets could be purchased at 38 cents each. All ayes (6), MOTION CARRIED.

Proposed ordinance regulating Sexual Offenders – Ordinance No. 13-06: Attorney Munkittrick presented information regarding Ordinance No. 13-06, the proposed ordinance regulating sexual offenders. She stated that there currently were no ordinances or Wisconsin legislation restricting the residences of registered sexual offenders. She provided the Council members with a detailed memo highlighting the findings in her legal analysis.

MOTION by O’Malley, second by Radermacher, to conduct a first reading on Ordinance 13-06. Lengthy discussion was held concerning the validity of the ordinance, enforcement, case law and litigation. Attorney Munkittrick recommended contacting the Department of Corrections for information on their procedures; she will continue to research the topic. All ayes (6), MOTION CARRIED.

Safety issues/recommendations at Vine Street and Diamond Drive: Radermacher provided an update regarding the safety issues at the intersection of Vine Street and Diamond Drive. He noted that the Public Safety Committee had recommendations for short and long-term options. MOTION by Radermacher, second by Morrissette, to paint the pedestrian crossing wording for east and west-bound traffic on Vine Street at the intersection, change the “Stop Ahead” sign on westbound Vine Street before Diamond Drive to a pedestrian crossing sign, and move the 25 mph speed limit sign farther east on Vine Street, and change the speed limit on Vine Street to 25 mph, both ways, up to the Carmichael Road intersection. Attorney Munkittrick noted that approval might be needed from the Department of Transportation.

Numerous citizens voiced their safety concerns; all were in favor of stop signs at the Diamond Drive intersection. Lengthy discussion was held concerning the proper procedures to be followed for the changes. All ayes (6), MOTION CARRIED.

motion by Radermacher, second by O’Connell, to further study the Vine Street corridor from Third Street to Carmichael Road. Previous traffic study results were reviewed by Engineer Angela Popenhagen. It was noted that a traffic study should be conducted after school is in session, to include the increased traffic expected on Vine Street. MOTION AMENDED by Radermacher, second by O’Connell, to include “from Second Street” instead of Third Street, and also note that funds for the study would be from the Comprehensive Plan study funds. All ayes (6), MOTION CARRIED.

MOTION by Radermacher, second by Wyland, to install digital speed signs on Vine Street, east and west of the Diamond Drive intersection, if a funding source is found. Discussion included information that the speed signs cost approximately $3,100 per unit, plus an additional amount for the solar option. Sgt. Jensen recommended hard-wiring the signs, on the advice of the vendor. Further discussion included information that the prices should be presented to the Finance Committee for review, with the costs to include an option for the solar unit, and a determination of the location for installation. It was noted that excavation might be required before installation could occur. All ayes (6), MOTION CARRIED.

Additional citizen comments were heard concerning the inability for pedestrians to be seen when vehicles are turning and have stopped. Many citizens again expressed their desire for a four-way stop sign at the intersection. Mayor Breault questioned how quickly temporary stop signs could be set up, while the Public Safety Committee is completing their study, and Public Works Director Jim Eulberg stated that it could happen within a couple of weeks. It was also recommended that advanced signage with red flags be used to indicate that a traffic control change was ahead. Sgt. Jensen requested that temporary signs also be placed in the center of the intersection.

MOTION by Radermacher, second by Morrissette, to approve the placement of temporary four-way stop signs at the intersection of Vine Street and Diamond Drive, until completion of the traffic study. Discussion included information that the stop signs could affect the study results and there could be an increase in rear-end collisions. Vote taken, Ayes (3), Koch, Radermacher, and Morrissette; Noes: (3), O’Connell, O’Malley, and Wyland. Mayor Breault broke the tie with a “Yes” vote. MOTION CARRIED.

Illegal personal property tax claim of Raymond Leasing: assessor Mike Wallace spoke concerning the illegal personal property tax claim of Raymond Leasing. He explained that the claim was filed after the January 31, 2006 deadline and was not filed with the City Clerk until July 14, 2006. Mr. Wallace stated that the recommendation was to consider granting the refund, in spite of the late filing. Finance Officer Betty Caruso recommended including the amount in the 2007 tax levy as an error or illegal tax, in addition to the regular levy. She noted that in the tax claim of $3,804.81, the City’s portion was $1,026.01 and the remaining $2,778.80 was for the other taxing entities. MOTION by O’Malley, second by O’Connell, to approve the issuance of a $3,804.81 personal property tax refund to Raymond Leasing Corporation, and direct the Finance Officer to include the amount in the 2007 tax levy, per her recommendation. All ayes (6), MOTION CARRIED.

Update on Projects: Engineer Angela Popenhagen explained that the plans were being prepared for the Crest View Drive triple left turn lane to Carmichael Road. She stated that the main issue was the size of the mast-arm needed to support the required signage. She estimated it would take a couple more months, and the public bidding process would be needed. She reported that the 6^th Street/Walnut Street repairs were fully completed and the flap gate on Elm Street between Fourth and Fifth Streets was installed; no pooling of water was evident after the last rainfall.

communications and recommendations of the mayor: Mayor Breault stated that he refused to acknowledge any emails or blog activities without the identity of their source.

communications and items for future agendas: O’Malley reported on the receipt of a check for more than $41,000 from St. Croix County as part of the Recycling Program. He noted that 81% of the City’s recycling is covered by that amount.

Administrator Willi reported that the 2007 Budget procedures have begun and will be challenging. An item for the August 21^st agenda will be the hardware and software needs, as presented by Mike Kruger, IT Systems Administrator.

CLOSED SESSION pursuant to §19.85(1)(e), Wis. Stats. to consider deliberating or negotiating the possible purchase of public property for Parks purposes: MOTION by Radermacher, second by O’Malley, to convene into Closed Session pursuant to §19.85(1)(e), Wis. Stats. to consider deliberating or negotiating the possible purchase of public property for Parks purposes. Roll call vote, all ayes, MOTION CARRIED – 9:37 p.m.

Reconvene into Open Session for possible action re: the purchase of public property for Parks purposes: MOTION by O’Connell, second by Radermacher, to reconvene into Open Session for possible action re: the purchase of public property for Parks purposes. All ayes, MOTION CARRIED – 10:18 p.m.

MOTION by O’Connell, second by Radermacher, to adjourn at 10:19 p.m. All ayes (6). MOTION CARRIED.

Nancy 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 sent forth therein.

Jack D. Breault, Mayor

Date approved

by Council: