CITY OF HUDSON COMMON COUNCIL

MEETING MINUTES OF TUESDAY, SEPTEMBER 5, 2006

 

 

 

Meeting called to order by Mayor Jack Breault in the Council Chambers of Cit

y Hall at 7:00 p.m.

 

     Mayor Breault led those assembled in the Pledge of Allegiance.

 

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, Angela Popenhagen, Denny Darnold, Paul Larson, Marty Jensen, Ed Rankin, Jim Eulberg, Randy Hanson, Mike O’Keefe, Joe Fitzpatrick, Kelly Hanley, and others.

 

Mayor Breault presented an award plaque to Ms. Kelly Hanley in recognition for her services as a City of Hudson Election Inspector since December of 1980.  Ms. Hanley thanked the Mayor and stated she had enjoyed working with the election officials.

 

COMMENTS AND SUGGESTIONS FROM CITIZENS PRESENT:  Mayor Breault called three times for comments and suggestions from citizens present;  none were given.

 

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

 

MINUTES: Approve the Regular Meeting minutes and Closed Session minutes of 8/21/06.

 

Final plat for Red Cedar Canyon Whitetail Ridge, five one-family                                                         residential lots and one outlot – Hans Hagen Homes: Approve the final plat of Red Cedar Canyon Whitetail Ridge, contingent upon execution of a Development Agreement with Hans Hagen Homes and the City of Hudson, and with the City Attorney to address the issue of payment of Impact Fees in the development.

 

Certified Survey Map, resubdivision of two existing commercial lots into three, Lenertz Road west of US Hwy 12 in Town of Hudson            (Extraterritorial) – Howland/Dry Dock:  Approve the three-lot Certified Survey Map for lots on Lenertz Road in the Town of Hudson, as proposed by Mick Howland/The Dry Dock, LLC.

 

Claims:  Approve the following claims for payment:

 

 

Fund

Description

payables

payroll

Totals

100

General

94,015.12

151,800.71

245,815.83

450

Capital Projects

5,609.47

0.00

5,609.47

490

Biosolids

0.00

0.00

0.00

610

Sewer

6,511.57

10,067.46

16,579.03

620

Parking Utility

389,726.10

995.29

390,721.39

630

Ambulance

9,451.34

21,973.06

31,424.40

 

               TOTALS

$505,313.60

$184,836.52

$690,150.12

 

Applications for Operator’s Licenses:  Approve the issuance of                        Regular Operator’s Licenses for the period September 6, 2006 to June 30, 2008 to:

 

Jennifer L. Ostrander 2233 Sacia Lane      Hudson, WI

     Lynn M. Schultz 4638 Bloomberg Lane Inver Grove Heights, MN

 

Request for St. Patrick’s annual Fall Fest 5K Run at 9:00 a.m. on                            Saturday, September 16, 2006:  Approve the annual St. Patrick’s Church Fall Fest 5K Run to begin at 9:00 a.m. on Saturday, September 16, 2006, with the event to begin at the High School and end in St. Patrick’s Church parking lot.

 

Request for barricades for block party at the end of the cul-de-sac      in Stonepine Court I on Sunday, September 10, 2006 from 4:00 p.m. to 7:00 p.m.:  Approve the request of Karen Duchow for barricades for a block party at the end of the cul-de-sac in Stonepine Court I on Sunday, September 10, 2006, from 4:00 p.m. to 7:00 p.m.

 

REPORTS OF CITY OFFICIALS, BOARDS, COMMISSIONS:  Place on file the Quarterly Report of the City Clerk and the Community Access Board minutes of 8/22/06.

 

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

 

Request to have former hospital site surveyed to determine property lines for proposed purchase of property – City Attorney and Community Development Director:  Mayor Breault reported that the Finance Committee recommended proceeding with the survey.  MOTION by O’Connell, second by Wyland to proceed with a survey to determine the property lines for the former hospital property site, at a cost not to exceed $4,000.  All ayes, (6), MOTION CARRIED.

 

Review Long-term Capital Improvement Plan and financing needs:  mayor Breault noted that the all the Capital Improvement requests were not yet received, and the Finance Committee recommended holding this matter over until the next meeting.  He called attention to a memo from Administrator Willi that indicated the budget outlook was rather gloomy, and noted they would make the appropriate changes according to the budget limitations.

 

Proposed issuance of $1,050,000 General OBLIGATION Promissory Notes for purchase of future Park property – Resolution No. 11-06:  Finance Officer Betty Caruso explained that these notes were for temporary financing for the proposed purchase of future park property.  She reported that this would be a bridge loan until grant money is received.  Ms. Caruso noted that she obtained bids from two local banks and was recommending a three-year loan from First National Bank of Hudson at 4.75%, with prepayment at any time.  If grant funds are not received in three years, permanent financing could occur.

 

MOTION by O’Malley, second by Radermacher, to suspend the rules toward adoption of Resolution No. 11-06.  All ayes (6), MOTION CARRIED.

 

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

 

RESOLUTION NO. 11-06

$1,050,000 G.O. PROMISSORY NOTE FOR LAND PURCHASE

 

(copy on file in Clerk’s office)

 

All ayes (6), MOTION CARRIED.

 

Review quotes received and consider purchase of speed monitor display sign:  Police Department Sgt. Marty Jensen explained that he was requested by the Public Safety Committee to seek quotes for speed monitor display signs, at a cost of approximately $3,000 per unit.  He reported that he obtained three quotes and was recommending a 16-inch speed monitor display sign with a battery-operated system from Public Safety Equipment, LLC.  He noted that this display board could be mounted on posts right below the regular speed signs and moved to locations throughout the City.  Sgt. Jensen also explained that a two-year warranty was available, with a one-year warranty for the radar unit.  He noted that because of the size, he was recommending the 16-inch size, and he hoped to place the order as soon as possible. 

 

MOTION by O’Malley, second by Radermacher, to approve the purchase of two 16-inch speed monitor signs from Public Safety Equipment, LLC, at a cost of $2,810.00 each, for a total of $5,620.00, and to be funded from the Contingency Fund.  All ayes (6), MOTION CARRIED.

 

Consider proposed increase in attorney fees for 2007:  Mayor Breault and the Council reviewed Administrator Willi’s memo regarding the proposed increase for attorney fees.  He noted that the increase was equal to a 2.77% increase, if averaged over the four years since the last increase. MOTION by O'Connell, second by O'Malley, to approve the 2007 wage increase for the City Attorney.   It was noted that 2006 was an unusual year with several investigations that caused increased legal costs, and this increase would be less than the average cost of living rate.  All ayes (6), MOTION CARRIED.

 

     Proposal for temporary facility for EMS personnel:  Mayor Breault explained that the Finance Committee recommended that the St. Croix EMS return with a more detailed proposal and cost information. MOTION by O’Malley, second by O’Connell to proceed with the proposal and return with a complete plan and cost information for a temporary, off-site facility for EMS personnel.  Mayor Breault stated that a temporary facility was well within their budget and a per capita increase would not be necessary.  It was noted that their present quarters were very cramped and they had also recently lost the sleeping room at the hospital site, as it was reserved for Emergency Room doctors.  All ayes (6), MOTION CARRIED.

 

     Proposed ordinance regulating Sexual Offenders/Predators – Ordinance No. 13-06:  mayor Breault introduced Mike O’Keefe and Joe Fitzpatrick who were present to provide the latest sexual offender information from the Legislature in Madison, as well as a summary concerning the registry of sexual offenders. 

     Mr. Joe Fitzpatrick stated that he was a Sex Offender Specialist with the Wisconsin Department of Corrections and his territory covered northwestern Wisconsin.  He explained that his primary responsibilities dealt with registry issues, answering law enforcement questions, and locating individuals who are not compliant with Sex Offender Registry requirements.  He provided a brief overview of how the Sex Offender Registry was created and currently operates, noting there were currently 18,708 in the Wisconsin Registry.  Mr. Fitzpatrick stated that 5,442 were currently in prison and 4,994 were on probation or parole supervision. He stated that 8,272 offenders are no longer being supervised, but they are required to indicate at least on a yearly basis their address, employment and/or school information. 

 

     Mr. Fitzpatrick stated that the information on the offenders was placed on a website and made available to the public and law enforcement, noting that the Law Enforcement website was more comprehensive and included information on juveniles.  He explained his work with county and local law enforcement, court procedures, etc. and noted that the violation of the Sex Offender Registry Law is a Class H felony punishable by up to six years of incarceration.  He noted there were 29 different types of sex offenses that were registerable.   Brief discussion was held concerning offenses, convictions, and probation and parole supervision requirements.  It was noted that a large number of offenders must register for their lifetime.  Mr. Fitzpatrick stated that Wisconsin currently has an 88% compliance rate, one of the highest in the nation.  He noted that the Department of Corrections would not provide an opinion on the City’s proposed ordinance at this time.

 

     Mayor Breault noted that following all the presentations, it was hoped that the Council could obtain some direction on how to proceed, as well as learn more about possible State law or regulations.  

 

     Mike O’Keefe, Supervisor for the Probation and Parole office in St. Croix County, reported that a Legislative Council Special Committee on Placement of Sex Offenders would be meeting on September 14th with their findings expected in January of 2007.  He briefly reviewed that six sexual offenders were registered in the City of Hudson and supervised by the Probation and Parole Office, with 10 agents assigned to St. Croix County covering about 100 persons on parole, and 3 agents covering Hudson and North Hudson.  Another 46 persons with sexual histories were not registered, but were given the same treatment as sex offenders.  Discussion was held regarding various situations involving sex offenders and their residences, potential residences, convictions, etc.

 

     Hudson Police Detective Sgt. Ed Rankin explained that he and the Hudson Police Department work very closely with Mr. O’Keefe and Mr. Fitzpatrick to make sure that sex offenders are compliant with the registry and their addresses are known.  He stated that the District Attorney was also very supportive and diligent in pressing charges against the offenders.  He said that the City’s proposed ordinance would not prevent offenders in other states from moving here and not registering, unless they were caught by chance.   Sgt. Rankin noted that he believed that law enforcement and probation/parole, as a team effort, were doing a pretty good job of knowing the offenders who lived here, enforcing the law, and taking action.

 

     Mayor Breault again commented that the Council was interested in reviewing what was occurring today as well as what was going on in Madison, in order to determine whether a City ordinance would be in compliance with the State, would need to be changed, or could actually be enforced.   Brief discussion was held regarding different and similar rules regarding offenders in other states, and possible loopholes in the City’s proposed ordinance.  It was noted that there was currently no similar ordinance in the State of Wisconsin.

 

     Discussion was held concerning offenders living with other relatives and a policy consideration that could possibly deprive offenders of potential rehabilitative environments.  Attorney Munkittrick stated she believed there was quite a bit of supervision, follow-up and monitoring of offenders right now.  She stated that the rationale was that this ordinance would reasonably regulate sex offenders for the protection of the children.   The reason for the ordinance was not “Let’s keep them out of our City,” which would be hard to validate.  Ms. Munkittrick noted that there was currently not a law in Wisconsin and the Legislature was looking at it and would be making a recommendation.

 

     Mike O’Keefe added that he did not believe sex offenders could be cured, but merely contained.  He stated he believed it would be in our best interests to know where the offenders lived and worked, and to receive better education as parents.

 

     Mayor Breault stated he was impressed with the process and the work of all three individuals.  He also noted he was greatly impressed with our local Police Department and their involvement and vigilance with the offenders.  MOTION by Morrissette, second by O’Connell to table this ordinance until the Legislative Committee has met and more information was available.   Discussion was held regarding City’s ordinance and the possibility that it could create extra calls for service and more work for the Police Department and City Attorney.  Attorney Munkittrick commented that the outcome of the local efforts were not as likely to be as beneficial as the outcome of the efforts by the Department of Corrections enforcing the Registry laws, placing people on probation, etc.  She also noted the concern for persons attempting to go “underground” and avoid detection by law enforcement.

 

     Vote taken:  All ayes (6), MOTION CARRIED.  Morrissette questioned whether Council could have another update in October, after the Legislative Committee has met.  Mayor Breault thanked Mr. O’Keefe, Mr. Fitzpatrick and Sgt. Rankin for providing the information, as well as for all their efforts on this issue.

 

     Update on Projects:  Engineer Angela Popenhagen noted that the weeks just prior to Labor Day were pretty quiet.   She noted that the work on the Hanley Road Storm Sewer Project began today, and the bids were advertised for the Riverwalk Public Park Shelter.  In response to questions, Ms. Popenhagen stated that the heavy rain on Thursday, August 24th caused some flooding in the usual areas of Nye and Aldrich, 4th and 5th  and Elm Street area, and also Fifth Street near the Willow River Elementary School.   Mayor Breault that the storm water problems were discussed in conjunction with the next budget.  Other flooded areas noted were Ward Avenue at 13th, and Industrial Street south of Fleet Farm.  The Sixth and Walnut Street repairs were successful and held up well during the rainstorm.   O’Connell questioned whether the walking path on Hanley Road could be extended along with the Hanley Road Project.  It was agreed that BRA would look into that possibility.

 

     Ms. Popenhagen reported that at this time the triple left-hand turn lane (on Crest View Drive to Carmichael Road) was estimated at approximately $95,000 and included the new mast arm, changes to the signal system, changes to the median and storm sewer, and striping.  Mayor Breault stated that this would be reviewed further with the list of potential Capital Improvements.  Brief discussion was held regarding whether or not striping was needed for added traffic control at such intersections.  Ms. Popenhagen stated that the major cost for this project would be the signage and the medians and changes to the signal system.

 

     In response to questions about a traffic study on the Vine Street corridor, Ms. Popenhagen reported that they would begin in another week or so after the traffic patterns have formed and drivers have settled into their general routines with the school season.

 

Update on fuel bids/costs for 2006/2007:  Administrator Willi explained that since the fuel bids were received last month, the price of gasoline has gone down quite a bit.  Public Works Director Jim Eulberg explained that the bid from Consolidated Energy was basically based on a margin based on current fuel prices.  He also explained that Consolidated has provided the electronic monitors in the fuel tanks to assure that we will never be out of fuel.  He stated that regardless of the price of fuel, they make the same margin of profit.  Mr. Eulberg stated that he was recommending awarding the fuel contract to Consolidated Energy, as they were doing what they could to keep costs low to the City and the City would be best served by doing business with them.

 

Discussion was held regarding the daily market fuel price and how it was established.   MOTION by O’Malley, second by O’Connell to advertise again for fuel bids with a revised bid form.  Mr. Eulberg confirmed that the City’s fuel tanks were full at this time and Mr. Crosby of Consolidated Energy had indicated that they would continue to serve us until further notice.  Mayor Breault directed Mr. Eulberg to obtain more information regarding the source of the daily fuel market price, and samples of other bid forms.  All ayes, (6), MOTION CARRIED.

 

Request to release access restriction and from the Development Agreement with Jacob Holdings of Hudson for property in the northwest quadrant of Hanley Road and Carmichael Road (PIN 236-1975-03-010) – Resolution No. 10-06:  denny Darnold reported that this release was requested by a title company.  He explained that Resolution 10-06 was basically a housekeeping item to clear up some prior requirements that had been satisfied.  MOTION by O’Malley, second by Radermacher, to suspend the rules toward adoption of Resolution No. 10-06.  All ayes (6), MOTION CARRIED.  MOTION by Radermacher, second by O’Connell, to adopt the following:

 

RESOLUTION NO. 10-06

RELEASE OF ACCESS RESTRICTION FOR TAX PARCEL #236-1975-03-010

 

(copy on file in Clerk’s office)

 

All ayes (6), MOTION CARRIED.

 

Consider annual recognition dinner for volunteer members of City Boards, COMMISSIONS and Committees, and establish possible date for the event:  mayor Breault suggested and Council agreed hold this matter over until the 2007 Budget has been reviewed.

 

Request for State Legislature to consider health insurance costs – Resolution   No. 12-06:  Mayor Breault explained that other municipalities have adopted similar resolutions.  Administrator Willi reported that some cities would be having referendums, but he thought sending the resolution to the legislators would have the same effect.  MOTION by O’Malley, second by O’Connell, to suspend the rules toward adoption of Resolution No. 12-06.  All ayes (6), MOTION CARRIED.  MOTION by O’Malley, second by Radermacher, to adopt the following:

RESOLUTION NO. 12-06

HEALTH CARE COSTS

 

(copy on file in Clerk’s office)

 

All ayes (6), MOTION CARRIED.

 

COMMUNICATIONS AND ITEMS FOR FUTURE AGENDAS:  O’Connell’s previous request for possibly extending the walkway on Hanley Road was noted. 

 

Mayor Breault stated that St. Croix Business Park Corporation was seeking a site for a mail drop box to be located somewhere in the park.  He stated this would be a great help to the many businesses in St. Croix Business Park, even if it only had one pickup per day.

 

Administrator Willi reminded that a Primary Election would be held on Tuesday, September 12th with polls open from 7:00 a.m. to 8:00 p.m.  Voters in Districts 1, 4 and 5 vote at City Hall, and Districts 2, 3 and 6 vote in the Community Room in the lower level of the County Government Center.

 

CLOSED SESSION pursuant to §19.85(1)(c), Wis. Stats. to discuss resignation of Chief of Police:  MOTION by Morrissette, second by Radermacher to convene into Closed Session pursuant to §19.85(1)(c), Wis. Stats. to discuss the resignation of the Chief of Police.    Roll call vote, All ayes (6), MOTION CARRIED at 8:10 p.m.

 

 

 

 

Reconvene in Open Session for possible action re: RESIGNATION of chief of Police:  MOTION by Koch, second by O’Connell, to reconvene into Open Session for possible action regarding the resignation of the Chief of Police.  All ayes, (6), MOTION CARRIED at 8:27 p.m. 

 

MOTION by Radermacher, second by O’Connell to accept the resignation of James R. Coan as Chief of Police.  All ayes (6), MOTION CARRIED.

    

MOTION by Koch, second by O’Connell, to adjourn at 8:28 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