CITY OF HUDSON COMMON COUNCIL

MEETING MINUTES OF FEBRUARY 6, 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 Dennis O’Connell, Paul Radermacher, Roger Riedel, Scot O’Malley and Carah Koch. (Vacancy of Alderperson for District 1).

OTHERS PRESENT: Devin Willi, Catherine Munkittrick, Dennis Darnold, Randy Hanson, Carol and Dave Hardin, Shane and Melissa Benoy, Becky Swanson, Alex Swanson, Angela Popenhagen, Daniel Myers, Zack Stillwell, Austin Martin, Steve Stillwell, Randy Hanson, Jerry Gilbert, Dave Trechter, Jim Jahnke, Shelly Hadley, Chris Cosgrove, Don Maysack, and others.

Mayor Breault invited the members of Boy Scout Troop 213 to lead the Pledge of Allegiance. He thanked the scouts for attending the meeting and for their involvement in scouting.

COMMENTS AND SUGGESTIONS FROM CITIZENS PRESENT: Kim Heinemann, President of the Hudson Area Chamber of Commerce and Tourism Bureau, thanked the Mayor, Council members, and the City of Hudson for their support of the Chamber and its activities. She noted that the next Chamber event would be the Spring Showcase on Sunday, Marcy 26^th from 11:00 a.m. to 5:00 p.m. at the Hudson Sports and Civic Center, 1820 Hanley Road.

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

MINUTES: Approve the Regular Meeting minutes of 1/16/06.

Conditional Use Permit one-year review for the fuel station at 1611 Maxwell Drive (Caribbean Car Wash) – Mike & Susan Inman: Approve the continuance of the Conditional Use Permit for the fuel station at 1611 Maxwell Drive, with the following conditions: a) the fuel station to remain in compliance with state and federal requirements, and b) the permit will be reviewed for continuance in January of 2009.

Claims: Approve the following claims for payment:

Fund	Description	payables	payroll	Totals
100	General	356,365.70	127,583.48	483,949.18
225	Impact Collection	2,071.00	0.00	2,071.00
230	Wisc DVL/RVL	1,982.50	0.00	1,982.50
231	SCBP-RVL Loan	1,365.00	0.00	1,365.00
410	Tax Increment Financing	716.70	0.00	716.70
450	Capital Projects	16,483.98	0.00	16,483.98
610	Sewer	97,098.43	9,772.98	106,871.41
620	Parking Utility	1,757.65	797.12	2,554.77
630	Ambulance	18,683.88	18,521.06	37,204.94
	TOTALS	$496,524.84	$156,674.64	$653,199.48

Applications for Operator’s Licenses: Approve the issuance of Operator’s Licenses for the period 2/7/06 to 6/30/07 to the following:

Shane Andrew Benoy 219 Third Street Hudson, WI

William John Sells, Jr. 255 Quant Ave. N. Lakeland, MN 55043

Karli Ann Gross 258 Troon Court Hudson, WI

Daniel Dawson Meyers 3762 Shannon Drive Hastings, MN 55033

Sara Fuentes 745 Hallstrom Dr. Red Wing, MN 55066

Abraham Fuentes 1505 Ward Ave, #3 Hudson, WI

St. Croix E.M.S. write-offs: Approve the St. Croix E.M.S. write-offs in the amount of $33,617.84, as recommended by LifeQuest, following Phase III of their collection procedures.

Change of agent on liquor license for Fiesta LLC, d/b/a La Fiesta Mexicana at 1801 Ward Avenue, Plaza 94: Approve the appointment of Kathijean Burgess, 940 Becky Circle, Hudson, WI as agent for the alcohol beverage license held by the Fiesta LLC corporation, d/b/a La Fiesta Mexicana at 1801 Ward Avenue in Plaza 94.

Consider purchase of vehicle for Police Department detectives: Approve the Police Department purchase of a 2005 Chrysler Pacifica at a cost of $19.700 plus $1,500 for police equipment setup.

Request for parking on east side of Thirteenth Street: Authorize vehicle parking on the east side of Thirteenth Street from 16 feet north of the curb from the turn-around to Frear Street.

REPORTS OF CITY OFFICIALS, BOARDS AND COMMISSIONS: Place on file the quarterly reports of the Library Director and City Clerk, and the Community Access Board minutes of 1/24/06, St. Croix E.M.S. Commission minutes of 1/23/06, and Advisory Joint Fire Board minutes of 1/23/06.

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

Final Development Plans for office/warehouse facility at 2910 Enloe Street, Lot 18 in St. Croix Business Park – Croix Commercial, LLC/Jonathan Herum: Dennis Darnold reviewed the final development plans for the office facility. He stated that the Plan Commission recommended approval for the proposed office/warehouse, and reported that they also requested additional green space on the site in place of some parking spaces. It was noted that if more parking spaces are needed, they could be installed at a later date. Mr. Darnold requested the City Attorney to review and advise regarding the off-street parking agreement.

MOTION by O’Malley, second by Radermacher, to approve the final development plans for Croix Commercial, office/warehouse facility at 2910 Enloe Street, Lot 18 in St. Croix Business Park First Addition, contingent on plans being amended per the recommendations of the City Engineer and Fire Inspector, and upon execution of the Parking Agreement. All ayes, (5), MOTION CARRIED.

Application of Hudson Warehouse Liquor, Inc. (Shane A. Benoy) for Class A Beer and Class A Liquor license d/b/a Hudson Warehouse Liquor, Inc., 1810 Webster Street, Hudson, WI: motion by O’Malley, second by O’Connell, to approve the application of Hudson Warehouse Liquor, Inc. (Shane A. Benoy) for a Class A Beer and Class A Liquor License d/b/a Hudson Warehouse, Liquor, Inc., 1810 Webster Street, upon surrender of the license currently held by Hudson Warehouse Liquor (Candace Murphy). All ayes, MOTION CARRIED.

Application of Darla’s Holding Co., (Christopher J. Cosgrove) for Class B Beer and Class C Wine license d/b/a Darla’s Grill, 840 Carmichael Road, Hudson, WI: mayor Breault reported that the Finance Committee recommended approval. MOTION by Radermacher, second by Riedel, to approve the issuance of a Class B Beer and Class C Wine license to Darla’s Holding Co., d/b/a Darla’s Grill, 840 Carmichael Road. Mr. Christopher Cosgrove explained his reasons for requesting a beer and wine license. O’Connell requested that the issue be revisited in a year. Attorney Munkittrick stated that Council could request yearly figures regarding the sale of alcohol as part of the license renewal process. She noted that more than 50% of sales must be food-related. Discussion continued regarding the hours of operation. MOTION AMENDED by Radermacher, second by Riedel, to include that revenue and liquor sales be reviewed in one year. All ayes, MOTION CARRIED.

Request for Locust Street Car Shows, second Fridays - May to September, 2006: Don Maysack requested permission to have classic car shows on the second Friday of each month, May through September. He explained that five shows were held in 2005 and they were an asset to area businesses. MOTION by O’Malley, second by Radermacher, to approve the Locust Street Car Shows to be held the second Friday of each month, May through September 2006. In discussion, parking issues and barricade placement were shared. It was noted that in 2005 the group did a good job of cleaning up after each event, and it is hoped that would continue in 2006. All ayes, MOTION CARRIED.

Consider possible changes to Ch. 150 of Municipal Code re: Large Assemblies – Ordinance No. 2-06: MOTION by O’Malley, second by Radermacher, to adopt the following, including the requirement for a 30-day advance filing time and 20-day processing time for most large assemblies, and a 7-day advance filing time and 5-day processing time for events lasting less than 4 hours:

ORDINANCE NO. 2-06

RECREATING CHAPTER 150 RE: LARGE ASSEMBLIES

(Copy on file in Clerk’s office)

In discussion, it was clarified that the changes to the current advance filing time would be from 30 working days to 30 days. Attorney Munkittrick also recommended language that the City encourages filing in advance of the 30 days required, when possible, to give Staff adequate time for review and to prepare for the public services needed. Riedel asked for clarification on section 150-4 concerning anticipated attendance of more than 1,000 persons. Attorney Munkittrick stated that would be maximum attendance at any given time on a specific day. She recommended adding that wording in the ordinance. Riedel also questioned section 150-5(b) concerning maximum attendance. It was noted that on the application, the location of the event and anticipated attendance would be reviewed by the Council to determine whether the location could handle the anticipated attendance. Discussion also included public access to the park where an event was being held.

Attorney Munkittrick also clarified Chapter 150-5(p) concerning City approval for a large assembly under the premise of fund raising. She noted that the applicants would be required to provide public access to their records regarding the income, expenses, distributions, receipts, invoices, etc. for the event. She emphasized that it would be up to the general public and not the City to determine what they think about the fund raising aspect of the event. Koch questioned whether the City would become involved in obtaining the records for the public. Attorney Munkittrick advised that appropriate language could be added to the ordinance indicating that the City would not be an enforcing agency. A complaint would need to be filed with the appropriate authority. MOTION AMENDED by O’Malley, second by Radermacher, to include the per-day clarification for Chapter 150-4 and also include language that the City would not be responsible for enforcement of 150-5(p). Roll call vote, Ayes (4); Riedel voted No. MOTION CARRIED.

Update on Downtown Parking Survey: Mayor Breault announced that copies of the Downtown Parking Survey Comprehensive Report were provided for Council review. Dave Trechter and Jim Jahnke summarized their report. Mr. Trechter noted that the survey had four parts, very similar to the survey conducted in 2001. The parts included a parking space tally survey, visitor intercept survey, employee and business owner survey, and a Hudson area resident telephone survey. Mr. Trechter stated that there is no evidence that parking has become more difficult since the last survey. He explained that the information suggests that parking has actually eased slightly and 96% of the visitors surveyed indicated that they were satisfied with the parking spaces that they found. Mr. Trechter noted that business owners and employees reported high levels of complaints from visitors. Even though the percentage was smaller (than 2001) the intensity of the complaints may have risen over the past half-decade. He also stated that residents indicated parking was a small problem for them. He reported that the results were consistent in all four categories, and no trend was found indicating that the parking situation was worsening.

Jim Janke, Resource Agent for the UW-River Falls County Extension Office, added that downtown Hudson continues to have a lot to offer. He reported that the survey showed desirable demographics of visitors and that 70% of the owners or managers stated that the downtown business climate was good or excellent. He called attention to the increased difficulty of parking downtown during festivals and events. He also noted the sharp difference of opinion regarding the desirability for a downtown parking ramp. Mr. Janke explained that 35% of the area residents surveyed support a parking ramp, while 70% of the businesses in the downtown community support a ramp.

The 2005 Parking Survey Report was placed on file in the Clerk’s office. Discussion included information that there is a low level of awareness for the $5 monthly parking permits. Mayor Breault added that the addition of approximately 40 new parking spaces (on First Street) has helped to ease some of the parking problems.

Kim Heinemann stated that the Chamber of Commerce will promote the $5 Parking Permit Program and the Chamber’s Downtown Parking Committee will meet to further discuss the results of the survey. Radermacher requested that this item be placed on the Public Safety Committee agenda. MOTION by Riedel, second by O’Malley, to accept and place on file the 2006 Downtown Parking Survey Report. All ayes, MOTION CARRIED.

Proposed City of Hudson land use and development regulations within the Lower St. Croix National Scenic Riverway District, amend Ch. 255-18 of Hudson Municipal Code, - Ordinance No. 3-06: Dennis Darnold stated that he was recommending a first reading on Ordinance No. 3-06. He noted that he appreciated Mr. Carlson’s comments on behalf of the Sierra Club and was happy to work with him and the DNR on their concerns toward adoption of this ordinance. He stated that this has been an eight-year process, building on information over the years, and the recommendation was based on common sense. Mr. Darnold reported that he had no problem postponing a final decision on the regulations until the details could be worked out. He called attention to the process of applying for a home occupation permit and the other proposed revisions to Chapter 255-18 of Municipal Code. MOTION by O’Malley, second by Radermacher, to conduct a first reading on Ordinance No. 3-06. MOTION AMENDED by O’Malley, second by Radermacher, to recommend that the second reading of the Ordinance be on the March 6, 2006 Council meeting agenda. All ayes, MOTION CARRIED.

Revolving Loan review – request of Valley Cartage Company, Inc. for $75,000 for equipment purchases: dennis Darnold reviewed the request from Valley Cartage Company for a loan from the St. Croix Business Park Loan Fund Program. It was noted that the $75,000 loan would be used to purchase three forklifts at 4% interest for five years. MOTION by Radermacher, second by O’Malley, to approve a $75,000 loan to Valley Cartage Company from the St. Croix Business Park Loan Fund Program with the following conditions:

Loan of $75,000 to purchase equipment of 3 forklifts

4% interest rate for 5 years; repayment in 60 regular monthly payments

Collateral – first lien position, purchase money security interest in the security equipment; additional personal guarantees of Jerry & Susan Gilbert

Job creation of a minimum of 12 full-time and 2 part-time employees

Participating lender – Citizens State Bank, Hudson, WI

Submittal of 2005 end of year financial status for review prior to loan closing

Other – retain business in the City of Hudson and the St. Croix Business Park, require insurance loss payable clauses in favor of the City with 30-day notice of cancellation, provide year end financial statements, evidence of matching funds, and other provisions required per the City of Hudson Loan Fund Program.

Mr. Darnold reported that there was approximately $250,000 remaining in the St. Croix Business Park loan fund, and $175,000 remains in the City of Hudson Revolving Loan Fund Program that is available to other small businesses. Jerry Gilbert stated that his trucking business began with 12 employees and currently has 205. Vote taken, all ayes, MOTION CARRIED.

Proposal promoting Impact Fees for School Districts – Hudson Area Intergovernmental Advisory Council resolution: mayor Breault explained that he has been working on this proposal for some time with the Hudson Area Intergovernmental Advisory Council. The Council consists of representatives from the City of Hudson, Village of North Hudson, Town of Hudson, Town of Troy, Town of St. Joseph, and the Hudson School District. He noted that the growth in the area has had a great impact on the schools. He requested Council approval of the resolution, contingent on approval of the other members of the Advisory Council. The resolution requests the Wisconsin legislature to modify existing State Statutes by allowing impact fees to include capital improvements to school district properties. MOTION by O’Malley, second by O’Connell to authorize Mayor Breault to sign the Intergovernmental Advisory Council Resolution promoting Impact Fees for School Districts, contingent upon approval of the City Attorney, and signing by the other members of the Advisory Council. Radermacher stated his opposition to the resolution, due to the impact it would have on empty nesters and seniors moving in to the area. O’Malley cited information that it was less expensive to purchase a home in Hudson than in the Twin Cities. Vote taken, Ayes (4); Radermacher voted No. MOTION CARRIED.

Update on Strategy1 Consulting report: administrator Willi called attention to several highlights from the Strategy1 Consulting Report, noting that the planning process had been completed. He noted that the Department Heads must watch their budgets closely and that employee job descriptions have been distributed for update and review. He stated that the Employee Handbook was being updated and would be reviewed at the March 6^th Council meeting. The Purchase Order System review has been completed and Strategy1 recommends implementation of the program. He reported that applications for the part-time IT System position were received, and the interview process is scheduled. He stated that they hoped the employee could be on board by April 1^st. It was noted that computer service contractor fees should be reduced after the IT person is hired. Mr. Willi noted that a Department Head meeting was scheduled later in February, with plans for bi-monthly meetings from then on. Mayor Breault also stated he would call for Department Head meetings, as needed.

appointment to the public works committee: Mayor requested confirmation for his appointment of Alderperson Dennis O’Connell to the Public Works Committee. MOTION by O’Malley, second by Radermacher, to appoint Dennis O’Connell to the Public Works Committee. All ayes, MOTION CARRIED.

COMMUNICATIONS AND RECOMMENDATIONS OF THE MAYOR: mayor Breault announced that February 10^th was the deadline to receive applications for the District 1 Alderperson position.

communications and items for future agendas: Mr. Willi announced that voter registration applications forms are available for completion by new residents.

CLOSED SESSION pursuant to §19.85(1)(e), Wis. Stats. to discuss the possible purchase of property for a future municipal well site: motion by O’Malley, second by Radermacher, to convene in Closed Session pursuant to §19.85(1)(e), Wis. Stats. to discuss the possible purchase of property for a future municipal well site. Roll call vote, all ayes, MOTION CARRIED – 8:13 p.m.

Reconvene into Open Session for possible action re: the purchase of property: MOTION by O’Malley, second by Radermacher, to reconvene into Open Session for possible action regarding the purchase of property. All ayes, MOTION CARRIED – 8:23 p.m. MOTION by O’Malley, second by Radermacher, to approve the City of Hudson purchase of Outlot 1 in Hudson Meadows, as proposed, for a future municipal well site. All ayes, MOTION CARRIED.

MOTION by Riedel, second by O’Connell to adjourn the meeting. All ayes. MOTION CARRIED. Meeting adjourned at 8:24 p.m.

Nancy Norvold, 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