CITY OF HUDSON COMMON COUNCIL MEETING

MINUTES OF WEDNESDAY, NOVEMBER 3, 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 Dennis O’Connell, Paul Radermacher, Roger Riedel, Scot O’Malley, and Carah Koch.

 

     ABSENT:  Alderperson Mike Laatsch.

 

OTHERS PRESENT: Catherine Munkittrick, Devin Willi, Dennis Darnold, Linda Donaldson, Jim O’Connor, Kim Heinemann, Dick Trende, Dennis Postler, Jim Frye, Randy Hanson, Jim Eulberg, Mark Human, Karroll Solem, Peg Gagnon, and others.

    

     COMMENTS AND SUGGESTIONS FROM CITIZENS PRESENT: Marc Human, 928 Vine Street, spoke regarding his concerns for the delayed construction of the private road portion of Tenth Street south of Vine Street.  He explained that the street has been ripped up and the project has remained that way since the Council approved reconstruction of the street nearly three years ago.  Dennis Darnold reported that the area is a private road and the City is waiting for Zappa Brothers to complete the construction.  Mr. Human noted that developer Kevin Bordenave has not communicated with the residents for the past two and a half years.  He requested assistance from the City to resolve the matter.  He presented photographs of the unpaved street and reported that conditions in the winter are particularly bad.  Mr. Human stated that he hoped they would be able to receive assistance for completion of the project.

 

CONSENT AGENDA: Library Director Linda Donaldson presented information regarding increased Library circulation, the purchase of new computers, and a number of volunteer programs implemented within the Library system.  She noted that Carol Hardin had been very instrumental in establishing the 5th and 6th grade Junior Friends of the Library.  An adult project was also created to focus on items of short duration, usually one hour or less, and ones that provide ownership to the volunteers.  Mrs. Donaldson also explained that they have a project for those with special needs as well.  She reported that the Friends of the Library donated $2,000 that will be used to purchase additional audio books. 

 

MOTION by O’Connell, second by Radermacher, to approve the following Consent Agenda items:

 

MINUTES: Approve the Regular Meeting minutes of 10/18/04.

 

     Certified Survey Map for three residential lots in the NW¼ of Section 3 in the Town of Troy, southwest of Gilbert Road (Extraterritorial Subdivision Review) – Larry and Sandra Vevang:  Approve the three-lot Certified Survey Map as proposed by Larry and Sandra Vevang in the Town of Troy.

       

Claims:   Approve the following claims for payment:

 

 

 

Fund

Description

PAYABLES

PAYROLL

Totals

100

General

$176,649.98

$123,474.96

$300,124.94

230

Wisc DVL/RVL

87.75

0.00

87.75

231

SCBP-RVL Loan

1,134.00

0.00

1,134.00

450

Capital Projects

2,316.00

0.00

2,316.00

490

Biosolids

794.76

0.00

794.76

610

Sewer

70,639.15

8,437.04

79,076.19

620

Parking Utility

362.78

810.78

1,173.56

630

Ambulance

5,236.31

1,829.50

7,065.81

 

TotalS

$257,220.73

$134,552.28

$391,773.01

 

     Applications for Operator’s Licenses:  Approve the issuance of Regular Operator's Licenses for the period 11/04/04 to 6/30/06 to:

  

           Alex N.  Jensen            350 St. Croix Trail N.     Lakeland, MN

            Vicki Jane Wilcoxson       1118 Second Street         Hudson, WI

     Kimberly Lane Eifealdt     945 Sherman Road                Hudson, WI

            Kyle John Kudrle                10300 Little Rd            Bloomington, MN

 

     REPORTS OF CITY OFFICIALS, BOARDS, AND COMMISSIONS:  To place on file the quarterly report of the Library Director.

 

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

 

            Conditional Use Permit for Bridge for Hudson Youth, Inc. to use the residence at 509 Front Street, in conjunction with the Hudson School District and other local agencies, for a community site to conduct school classes, out-of-school and respite activities relative to lifelong learning opportunities for youths with disabilities:  Dennis Darnold reported that the Plan Commission recommended approval of the Conditional Use Permit and called attention to the eleven conditions that would be required. 

 

     Peg Gagnon, Founding Director of the Bridge for Hudson Youth, Inc., provided a detailed background of the program’s purpose to assist youth with disabilities to weave into the community beyond the age of 21.  She noted that hands-on, real life training settings are provided.  Ms. Gagnon explained that the Foundation has been meeting with parents for over a year to get the program established.  She noted that the organization is committed to providing opportunities for the youth with disabilities to be seen as community assets to be nurtured and developed so that they can be welcome, productive and engaged citizens of Hudson. 

 

     MOTION by O’Malley, second by Radermacher, to approve a Conditional Use Permit for Bridge for Hudson Youth, Inc. to use the residence at 509 Front Street as a community site to conduct school classes and out-of-school and respite activities relative to lifelong learning opportunities for youths with disabilities, contingent on the following conditions:

 

 

1.               No more than eight (8) persons to occupy the structure at one time.

2.               If used for overnight respite use, to be limited to four overnight guests, with a copy of any State license required or obtained for respite use to be provided to the City of Hudson.

     3.   Provide an accessible building entrance with maximum ¾ inch threshold and clear opening of not less than 32 inches.

3.               Provide an accessible route from the entrance at the primary function areas, including the living room, dining room, and kitchen, and accessible doorways to the office that will become a primary function area for students or staff.

5.   Provide signage along the accessible route, including signage identifying an accessible parking location.

6.              Provide a paved accessible parking stall with a paved, accessible

     loading zone.

7.              Provide for overnight respite stays prior to that activity                             beginning.

8.              Provide accessible toilet rooms, including an accessible shower.

9.              Provide to the east bedrooms a ramp, maneuverability at the doors,                            and bring the door width into compliance with the Wisconsin Commercial Building Code.

10.             Provide an accessible entrance to the office area in compliance with the Wisconsin Commercial Building Code.

11.             The Permit shall be reviewed one year after issuance of the Certificate of Occupancy.

 

            All ayes, MOTION CARRIED.

 

Final development plans for an 11,172 square foot office building on Proposed Lot 4 in Hanley Office Park (south of Hanley Road and east of Foxglove Way) – James Fletcher:  dennis Darnold reported that the Plan Commission had recommended approval.  He also noted that the plans had already been revised to incorporate the City Engineer’s recommendations.  MOTION by O’Malley, second by Riedel, to approve the Final Development Plans for an 11,172 square foot office facility on Lot 4 in Hanley Office Park, with the requirement that a letter of credit in the amount of $8,000 be provided to the City to assure repair of the demolition, restoration and City inspections of public street, curb and gutter, and boulevard within the Foxglove Way right-of-way.  In discussion, it was noted that the facility would be a professional office building.  All ayes, MOTION CARRIED.

 

Final Development Plans (revised) for 7,776 square foot auto detail shop     at 1400 Gateway Circle, west of Menards – Five Star Auto Detailing:  Dennis Darnold explained that the auto detailing shop would be located west of Menard’s and south of the Indianhead Glass building.  He noted that the Plan Commission had recommended approval, pending plan revisions per the City Engineer’s recommendations, and the provision of a letter of credit.  In discussion, it was noted that completion was anticipated for spring of 2005, and they hoped to begin construction next week.  Questions were raised regarding the amount of solvents that would be stored on site.  It was reported that only several pints of solvents would be in place at the facility.

 

MOTION by O’Malley, second by Koch, to approve the Final Development Plans for a 7,776 square foot auto detailing shop at 1400 Gateway Circle, as proposed by Five Star Auto Detailing, with the provision of a letter of credit for $6,000 to assure repair of demolition, restoration and City inspections of existing street, curb and gutter, and boulevard within the Gateway Circle right-of-way, and the plans to be revised to address the City Engineer’s recommendations regarding curb and gutter extension to Gateway Circle, and change in curb and gutter details per City specifications.     All ayes, MOTION CARRIED.

 

Certified Survey Map for two residential lots for one-family units (one      additional lot at former Ward residence), west of Coach Light Drive,         Lighthouse at Hudson Pier planned residential development – Lighthouse       Development Corporation:   mr. Darnold noted that the Plan Commission had recommended approval of the two-lot Certified Survey Map, with a letter of credit provided to the City prior to execution of the CSM.  MOTION by Riedel, second by Radermacher, to approve a two-lot Certified Survey Map for Lighthouse Development Corporation at the former Ward residence west of Coachlight Drive, contingent upon provision of a letter of credit, with the amount to be determined by the City Engineer, to assure the installation of water and sanitary sewer services and the restoration of street and curb and gutter improvements prior to execution and recording of the Certified Survey Map.  All ayes, MOTION CARRIED.

 

Footings and Foundation Permit for 74,296 square foot office/warehouse       facility on Lot 27 in St. Croix Business Park, north of Harvey Street and     east of O’Neil Road – Dean Hanson:  dennis Darnold reported that the proposed facility would be 74,296 square feet and would contain an office and warehouse.  He noted that part of the building would house PPG Glass, a window manufacturer, and the other half would be occupied by Hanson Design Corporation.  Dean Hanson explained that PPG Glass was the largest window company in the southeastern part of the United States; they specialize in making hurricane-proof windows and plastic panels for porches.  In addressing the slope issue that was an original concern, Mr. Hanson noted that latest surveys indicate the grade has been modified by a slight change in location of the building, and the slope will not present a problem to the project.  

 

MOTION by O’Malley, second by Radermacher, to approve the Footings and Foundation Permit to Dean Hanson for the 74,296 square foot office/warehouse facility on Lot 27, north of Harvey Street and east of O’Neil Road in St. Croix Business Park.  All ayes, MOTION CARRIED.

 

Conditional Use Permit for outdoor vehicle sales lot at 1000 O’Keefe Road  (Hilltop Service Center) – Chuck Volin/Hudson Motors:  Dennis Darnold explained that Chuck Volin of Hudson Motors had requested a Conditional Use Permit to sell vehicles from an open lot at 1000 O’Keefe Road.  Mr. Volin proposed to have a sales office in the existing building of Hilltop Service Center, with the sales lot area on the north 30 feet of the parcel.  It was noted that a great deal of discussion was held at the Plan Commission concerning the unkempt condition of the area, and Mr. Volin had pledged to work with Mr. Howie Bennett, the owner, to clean up and maintain the site.  Photographs were exhibited showing the fences that have been erected and the cleanup of the site that has already taken place.  Mr. Darnold reported that the area appeared much better than it was in October of this year.

 

MOTION by O’Malley, second by Radermacher, to approve the Conditional Use Permit to Chuck Volin/Hudson Motors for an outdoor vehicle sales lot at 1000 O’Keefe Road, with the following conditions:

 

1.               One sign permitted, not more than 48 square feet in size, and

Six feet above ground.

2.               Wood fence, lattice permitted, secured to posts.

3.               Maintain Wisconsin DOT vehicle sales license.

4.               Fence moved a minimum of 30 feet to the south.

5.               Hilltop Service Center site to be cleaned up and maintained.

6.               The Permit to be reviewed one year after issuance.

 

     Further discussion was held regarding the upkeep of the site.  Mr. Darnold noted that since his earlier visit to the site, a few more vehicles were parked on the north end.  But after visiting with Mr. Volin on October 28th, he reported that the site had been cleaned up.  In answer to questions regarding capacity, Mr. Bennett responded that they anticipated approximately 20 cars inside the fenced area.   Mr. Volin stated that most of the vehicles would be between $2,000 and $10,000 in value, and he also intended to install fencing on the west side of O’Keefe Road.  MOTION was AMENDED by Radermacher, second by O’Connell, to also require that fencing be constructed on the O’Keefe Road side of the lot.  Ayes (4); Riedel voted No.  MOTION CARRIED.

 

     CONSIDER BILLING PROPERTY OWNERS FOR FIRE CALLS:  Mayor Breault reported that after review of the matter by the Finance Committee, they recommended that the current policy regarding billing of fire calls be left as is.  He stated that a number of concerns were brought forth regarding homeowner insurance coverage and the possibility of cancellation for reporting small claims, etc.  MOTION by O’Malley, second by Radermacher, to not implement any changes regarding the billings for fire calls.  Riedel questioned consideration of other funding sources.  He noted that while he was not trying to burden homeowners, there were specific fire calls that should be addressed.  Fire Chief Jim Frye reported on the types of calls that were billable.  Ayes (4); Noes – Riedel.  MOTION CARRIED.

 

     TREASURER’S REPORT FOR SEPTEMBER 2004:  Finance Officer Betty Caruso provided an update report on investments.  She also included information on revenues and expenditures to date.  Mayor Breault reminded Department Heads that if items were approved within the Budget, it is permissible to expend for those items, if they are needed. 

 

     UPDATE ON PROJECTS:  Engineer Dennis Postler reported that Phase 1 of the First Street Parking Project is near completion; the only item remaining is the installation of the handrails.  He stated that the Carmichael Road/Hanley Road Traffic Signal Project is expected to be completed before the end of the year.

 

     Mayor Breault reported on a number of comments regarding the Dike Road bridge, and suggested that the Council needed to make a decision.  It was anticipated that the City would be responsible for $50,000 of the repair or replacement costs.  The bridge needed to be inspected to determine what steps need to be taken.  One of the main considerations was the ability for vehicles to drive over the bridge.

 

            AMENDED JOINT LIBRARY AGREEMENT:   Mayor Breault reported that Finance Officer Betty Caruso and Attorney Catherine Munkittrick had worked together on the further revisions to the Agreement and had approached it from both a financial and a protective standpoint.  MOTION by O’Malley, second by O’Connell, to reconsider the Amended Joint Library Agreement.  MOTION CARRIED.   Betty Caruso explained that the tax rate was presently $17 to $18 per $1,000 of evaluation.  She noted that in order to be exempted, each municipality needed to expend as much as the amount consistent with the County tax rate and must be a member of the public library system and contribute as much as the average of the past three years.  Attorney Munkittrick reaffirmed that each municipality must reach the three-year average.  She called attention to paragraph six, and the requirements for funding, and noted that the change gives flexibility for the municipalities to determine the funding in a different way.  The funding plan suggested was a floor, not a ceiling.

 

     Joint Library Board President Jim O’Connor gave a brief history of funding for the Joint Library and noted that it has worked very well for the past two years.  He addressed matters regarding future considerations and what would happen if a community would opt out of the plan.  He raised a number of questions regarding proposed funding that led to additional discussion of capital funds, trust funds on hand for the Joint Library, and other related matters.   Devin Willi called attention to the fact that annually, adjustments are made to the Fire Service and Ambulance contracts and maintenance of funds.  He suggested that the dollar amount could remain the same with adjustments in the mill rate.

 

     Koch stressed the importance of the Library to the community.  Mayor Breault stated that the City made a very good faith effort in moving the Library from the former Carnegie Library building at Third and Locust to the Municipal Building, and was now looking forward to the future of the Library in serving the community.  MOTION by O’Connell, second by O’Malley, to approve Joint Library funding at 21 cents per $1,000 of equalized valuation, as approved earlier in the Agreement.   Following additional discussion, MOTION was AMENDED by O’Connell, second by O’Malley, to amend paragraph 6 in the Joint Agreement to include wording with regard to the three-year average maintenance of funding effort required in State Statutes Sec. 43.15(4)(c)(4).  Attorney Munkittrick agreed to revise the Agreement as noted.  All ayes, MOTION CARRIED.

 

     CHANGES TO MUNICIPAL CODE, CHAPTER 235, ARTICLE III RE:  RESIDENTIAL PARKING PERMITS – ORDINANCE NO. 13-04:CHANGES TO MUNICIPAL CODE, CHAPTER 235, ARTICLE III RE:  RESIDENTIAL PARKING PERMITS – ORDINANCE NO. 13-04:  MOTION by O’Connell, second by Radermacher, to suspend the rules toward adoption of Ordinance No. 13-04.  MOTION CARRIED.  MOTION by O’Connell, second by Radermacher, to adopt the following:

 

Ordinance No. 13-04

Residential Parking Permit System

Amends Ch. 235-43 and 235-47; repeals 235-40, paragraph C

(Copy on file in Clerk’s office and attached)

 

     MOTION CARRIED.

 

     CLERK’S REPORT ON NOVEMBER 2ND ELECTION:  Clerk Dotseth reported that 6,347 persons voted in the City of Hudson at the November 2nd election.  She explained that all the statistics were not yet compiled regarding absentee voters, but it appeared that approximately 900 persons voted by absentee ballot.  It was noted by the Clerk, Mayor Breault, and Council members, that the dedication of the election workers was extraordinary and they should all be complimented and thanked for their hard work on Election Day, and into the wee hours of Wednesday morning.  Clerk Dotseth noted that the additional participation of office staff was also exemplary, and without their help, the volume of voter registrations and absentee ballots could not have been accomplished.

 

     Mrs. Karrol Solem, 926 Vine Street, also commented on the 10th Street construction project and requested help from the Council.  Mayor Breault agreed that he and the Council will follow through with the construction of the street and he would communicate with the developer and contractor to see that the project is completed.

 

     APPOINTMENT TO PUBLIC UTILITY COMMISSION:  Mayor Breault announced his appointment of David Prissel, 1008 First Street, to the Public Utility Commission.  He noted that Mr. Prissel was the Assistant Director at WinterGreen.  MOTION by O’Malley, second by Riedel, to approve the Mayor’s appointment of David Prissel to a five-year term on the Public Utility Commission through September of 2009.  All ayes, MOTION CARRIED.

 

     COMMUNICATIONS AND ITEMS FOR FUTURE AGENDAS:    Mayor Breault announced that the 2005 Budget would be discussed at the Public Hearing and Council meeting on Monday, November 15th. 

 

CLOSED SESSION pursuant to §19.85(1)(g), Wis. Stats. to confer with legal counsel regarding possible litigation involving claim of Bradley and Jennifer Schumacher, and confer with legal counsel re: Morris, Carlson, Hoelscher vs. City of Hudson, and pursuant to §19.85(1)(c), Wis. Stats. to review applications, determine candidates, and schedule interviews for City Clerk position:  MOTION by Radermacher, second by O’Malley, to convene into Closed Session pursuant to §19.85(1)(g), Wis. Stats. to confer with legal counsel regarding possible litigation involving the claim of Bradley and Jennifer Schumacher, confer with legal counsel re: Morris, Carlson, Hoelscher vs. City of Hudson, and pursuant to §19.85(1)(c), Wis. Stats. to review applications, determine candidates, and schedule interviews for City Clerk position.     All ayes, MOTION CARRIED – 8:42 p.m.

 

 

 

 

 

 

 

 

 

 Convene in Open Session for possible action re: Resolution No. 13-04 re:  Disallowance of Claim of Bradley and Jennifer Schumacher, and for possible action re:  Morris, Carlson, Hoelscher vs. City of Hudson, AND for possible action re: candidates and interview dates for City Clerk position:  motion by O’Connell, second by Radermacher, to reconvene into Open Session.  MOTION CARRIED – 9:14 p.m.

 

MOTION by O’Malley, second by Riedel, to suspend the rules toward adoption of Resolution No. 13-04.  MOTION CARRIED.  MOTION by O’Malley, second by Radermacher to adopt the following:

 

RESOLUTION NO. 13-04

Disallowance of Claim of Bradley & Jennifer Schumacher

(Copy on file in Clerk’s office and attached)

 

All ayes, MOTION CARRIED.

 

     motion by Radermacher, second by O’Malley, to authorize Attorney Munkittrick to proceed with conferences with Morris, Carlson, Hoelscher regarding their case against the City of Hudson.  MOTION CARRIED.

 

Mayor Breault announced that City Clerk interviews would take place before the full Council on Thursday, October 11th, beginning at 4:15 p.m.

 

MOTION by O’Malley, second by Radermacher, to adjourn the meeting.  Meeting adjourned at 9:18 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

 

                                                   Date approved

 by Council: