CITY OF HUDSON COMMON COUNCIL

MEETING MINUTES OF MONDAY, FEBRUARY 21, 2005

Meeting called to order by Council President Scot O’Malley in the Council Chambers of City Hall at 7:00 P.M.

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

ABSENT: Mayor Jack Breault.

OTHERS PRESENT: Catherine Munkittrick, Dennis Darnold, Dick Trende, Larry and Pat Hopkins, Devin Willi, Betty Van Someren, Randy Hanson, Mr. and Mrs. Don Maysack, Dawn Gilbert, and others.

COMMENTS AND SUGGESTIONS FROM CITIZENS PRESENT: Council President O’Malley called for comments three times. None were offered. He noted that while presiding at the meeting, he would still be a voting member of the Council.

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

MINUTES: Approve the Public Hearing and Regular Meeting minutes of 2/7/05.

Certified Survey Map for one residential lot and one outlot, NW¼, NE¼,Section 10, T28N, R19W, Town of Troy – Fredrick and Ruth Anding Extraterritorial Subdivision Review): Approve the Certified Survey Map for one one-family residential lot and one outlot in the NW¼ of the NE¼ of Section 10, T28N, R19W in the Town of Troy, as proposed by Frederick and Ruth Anding.

Certified Survey Map for one residential lot, NW½, SE½, Section 8, T28N, R19W, Town of Troy – Norman and Shirlee Feyereisen (Extraterritorial Subdivision Review): Approve the Certified Survey Map for one one-family residential lot in the NW¼ of the SE¼ of Section 8, T29N, R19W in the Town of Troy as proposed by Norman and Shirlee Feyereisen.

Claims: Approve the following claims for payment:

Fund	Description	payables	payroll	Totals
100	General	233,791.83	112,644.56	346,436.39
350	Special Assessments	85,508.57	0.00	85,508.57
410	Tax Increment Financing	28,297.29	0.00	28,297.29
450	Capital Projects	210.45	0.00	210.45
610	Sewer	26,974.20	9,461.29	36,435.49
620	Parking Utility	887.63	809.12	1,696.75
630	Ambulance	12,643.42	5,936.62	18,580.04
860	Tax Agency	8,258,256.71	0.00	8,258,256.71
	Total	$8,646,570.10	$128,851.59	$8,775,421.69

REPORTS OF CITY OFFICIALS, BOARDS AND COMMISSIONS: To place on file the quarterly report of the Water Utility Director, and the Public Utility Commission minutes of 2/8/05.

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

Request to rezone 1.27 acres at 76 Coulee Road, from R-1, One-family Residential to OFC, Office District – Eric Rolland, Ordinance No. 6-05: community Development Director Dennis Darnold stated that Mr. Rolland was unable to attend the meeting; he proposed to construct a 2,200 square foot office facility and associated parking at 76 Coulee Road. He explained that since the lot has quite a bit of slope, the Plan Commission requested to review an architectural plan of the proposed building, which was provided by Mr. Rolland. Mr. Darnold noted that the Plan Commission recommended approval for the rezoning.

Pat Hopkins, adjoining property owner at 82 Coulee Road, noted her concern for the water runoff and storm drainage for the property. She also stated that she wanted to make sure proper procedures would be followed for the development. Mr. Darnold suggested Council conduct a first reading of the ordinance at this time, and that he would further review the storm drainage issues before the next meeting.

MOTION by Koch, second by Laatsch, to conduct a first reading on Ordinance No. 6-05. MOTION CARRIED.

Amendment to Municipal Code, Chapter 9 – Annexations, to add a section to address the requirements for the payment of taxes to the town for five years, per Wisconsin Statutes §70.65, Ordinance No. 8-05: Dennis Darnold reported that in discussions with the City Attorney, it was recommended that this provision be included with the annexation requirements. He explained that the Plan Commission recommended approval of the amendment to Chapter 9, with the recommendation that the term “may” be changed to “shall,” as indicated in the 2/17/05 revision of Ordinance No. 8-05, noting that it would be the obligation of the annexation petitioner to pay the five-year amount of taxes. MOTION by Radermacher, second by O’Connell, to conduct a first reading on the 2/17/05 revised version of Ordinance No. 8-05. MOTION CARRIED.

Consider purchase or lease of new copy machine for Municipal Court: President O’malley explained that Municipal Judge Gherty submitted an issue sheet for the possible lease of a new copy machine for the Municipal Court office. He reported that the Finance Committee recommended instead to purchase the machine using funds from the Contingency Fund. MOTION by Riedel, second by Laatsch, to purchase a Canon IR2270 copy machine at $4,341.00 from E.O. Johnson Company, Eau Claire, WI, using funds from the Contingency Fund, and the Total Care Maintenance Agreement of $273.00 per year. MOTION CARRIED.

Consider renewal of Animal Warden contract and fee increases: President O’Malley explained that the Animal Warden had proposed slight increases in her new contract, and that the service retainer of $200 paid twice a year would increase to $250 for six months. Riedel inquired whether the contract had been bid out. It was noted that animal pickup service had been advertised in the past, but Ms. Pelnar was the only one who responded. Radermacher stated the fee increases requested were very reasonable. MOTION by Radermacher, second by Riedel, to approve renewal of the Animal Warden Contract with Kathy Pelnar effective March 1, 2005, with annual Council review and approval, and the fee increases as submitted. MOTION CARRIED.

Adoption of 2005 Special Revenue Fund Budgets and treasurer’s report: president O’Malley stated that Finance Officer Betty Caruso recommended scheduling a special workshop with Council members to review and become better informed about the 2005 Special Revenue Fund Budgets. This would not be possible by only a quick summary at this meeting. He recommended, and Council was in agreement, to postpone action on the Special Revenue Fund Budgets and the Treasurer’s Report.

Storage/Space Assessment for Public Works and Parks Departments: President O’Malley presented the storage and space assessment issue, noting that Public Works Engineer/Supt. Jim Eulberg advised that in the next three years the Public Works Department would not need to use the building on First Street. O’Malley noted that the lease with the rowing club could be extended and it would be an item on the next agenda.

Summary ordinance re: revised Floodplain Zoning Code, Chapter 253 of Municipal Code on file for public inspection – Ordinance No. 4-05:

MOTION by Koch, second by Laatsch, to adopt the following:

ORDINANCE NO. 4-05

SUMMARY ORDINANCE ADOPTING CHAPTER 253 – FLOODPLAIN ZONING

(Copy on file in Clerk’s office)

MOTION CARRIED.

Proposed amendments to Hudson Municipal Code, Ch. 254-12 G, revised Impact Fee schedule, Ordinance No. 1-05: Dennis Darnold announced that City Staff has requested postponement of action on this matter, until further assessment is completed.

Farmer’s Market change of location and other issues: Dawn Gilbert and Betty Van Someren, representing the Farmer’s Market group, requested permission for a 4-foot by 4-foot sign to make the public aware of their new location in the Plaza 94 parking lot. It was noted that the sign would be removed at the end of the market season. They also requested permission for two moveable signs to be used on market day and removed at 1:00 p.m.

Dennis Darnold agreed that a 4 by 4 (16-square foot) sign could be allowed for the 2005 season, if it was professionally painted. He noted the sign could be in place a few weeks before the start of the market season, and it would need to be removed at the end of the selling season. The Common Council could reconsider the sign request again next year, if they choose. Mr. Darnold reported that the smaller moveable signs put out on market day would need to be taken down in a timely manner. If the City has to remove the signs, they will be kept. The Farmers Market representatives agreed to that stipulation.

The Farmers Market group also requested assistance with the costs for two advertisements in the Hudson Star Observer and Hot Sheet Shopper, at $82.80 per ad. City Attorney Catherine Munkittrick questioned whether any one could be a part of the Farmers Market in the new location and if others could sell there as well. She advised the Council members that this Farmers Market organization was now moving to another location. In the past, other people were allowed to participate when it was located on City property, and she questioned how that would be handled from now on. The Farmers Market group representatives indicated that there would be some daily stalls open to anyone.

Attorney Munkittrick stated that under State law, people selling their produce or other perishable products are not required to have Direct Seller registrations, but non-Wisconsin residents selling produce/perishables and anyone selling non-perishables are required to comply with the City Direct Sellers ordinance. She noted that last year the Council informally decided to allow the Farmers Market organization to submit to the City one registration application that included a list of all their members. The background investigations were completed, but each member did not have to pay a fee. She noted that this practice of one registration/one fee for the Farmers Market group is not written in to the current City ordinance. Attorney Munkittrick added that the City’s Direct Sellers requirements would apply to certain sellers, even though the market would be on private property. Those selling non-perishable items would need to complete the registration application with the City.

Don Maysack, owner of the Commuter Cup coffee shop at Plaza 94, stated his concerns for safety and parking. He also noted that one of the market vendors sells the same kinds of products as his. He requested the City to not provide any subsidy to his competition.

MOTION by Riedel, second by Radermacher, to approve the 4-foot by 4-foot seasonal sign for the Farmers Market at Plaza 94, and the moveable signs to be used and removed on market days, to deny the request for funds for assistance with advertising costs, and to request the Police Department and Fire Inspector to examine the layout of the parking lot regarding possible safety issues, and verify that the organization is in compliance, as recommended by Attorney Munkittrick. In discussion, Mr. Darnold pointed out that the seasonal sign would be allowed from June 1 to October 31, and the moveable signs should be taken down within one hour from the closing time on each market day. All ayes, MOTION CARRIED.

Disallowance of Claim of Stephen Terwilliger – Resolution No. 3-05: O’Malley explained that he was advised that the City needed to take action on this resolution in a timely manner, and he recommended suspension of the rules toward adoption. MOTION by Riedel, second by Radermacher, to suspend the rules toward adoption of Resolution No. 3-05. Ayes (6) - MOTION CARRIED. MOTION by O’Connell, second by Radermacher, to adopt the following:

RESOLUTION NO. 3-05

DISALLOWANCE OF CLAIM OF STEPHEN TERWILLIGER

(Copy on file in Clerk’s office)

MOTION CARRIED.

COMMUNICATIONS AND ITEMS FOR FUTURE AGENDAS: O’Malley reported that on Wednesday morning the new traffic signals at the intersection of Carmichael Road and Hanley Road would begin operating. On Wednesday the lights would be flashing red in all directions to make drivers aware of the signals, and on Thursday normal operation would begin.

MOTION by Radermacher, second by Riedel, to adjourn the meeting. Meeting adjourned at 7:43 p.m. MOTION CARRIED.

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.

Scot E. O'Malley, Council President