CITY OF HUDSON COMMON COUNCIL MEETING

MINUTES OF MONDAY, MARCH 7, 2005

 

Meeting called to order by Mayor Jack Breault in the Council Chambers of City Hall at 7:01 p.m.

 

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

 

OTHERS PRESENT:  Catherine Munkittrick, Mary Elmer, Don Maysack, Endre Govrick, Bill Radosevich, Bill Wanner, Melissa Dahl, Paul Larson, Eric Sampson, Troy Timm, Dennis Darnold, Brian Zeller, Jeff Johnson Rob Werthheimer, Betty Caruso, Jon Coty, property owners in the Ban Tara subdivision, and others.

 

     COMMENTS AND SUGGESTIONS FROM CITIZENS PRESENT:     Mayor Breault called for comments three times;  none were offered.

 

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

 

MINUTES: Approve the Regular Meeting minutes of 2/21/05.

 

     Claims:   Approve the following claims for payment:

 

Fund

Description

payables

payroll

Totals

100

General

229,505.44

133,769.91

363,275.35

225

Impact Collection

40.50

0.00

40.50

230

Wisc DVL/RVL

0.05

0.00

0.05

450

Capital Projects

64,975.71

0.00

64,975.71

610

Sewer

9,676.54

9,880.93

19,557.47

620

Parking Utility

2,193.98

806.26

3,000.24

630

Ambulance

7,930.49

16,458.30

24,388.79

 

                      Totals

$314,322.71

$160,915.40

$475,238.11

 

Applications for Operator’s Licenses: Approve the issuance of a                        Regular Operator's License for the period 3/8/05 to 6/30/06 to:

  

     Neil Patrick Johnson 558 River Hills Drive River Falls, WI

    

     And Temporary Operator’s Licenses to:

 

     Steve Eric Hanson          1400 Namekagon St.#213     Hudson, WI

     For April 28 to May 1, 2005

 

     Edward Francis Hanson 374 Tower Road             Hudson, WI

     For April 2, 2005

 

 Police Department purchase of portable radios:  Approve the Police Department purchase of 10 Kenwood TK-290 portable radios at $740 each plus $25 per unit for programming, for a total cost of $7,650 from Johnson Radio, St. Paul, MN.

 

 Application of Hudson Hockey Association for Temporary Class “B”/Class B” Retailer’s License to sell beer and wine at a Pool Tournament event April 28 to May 1, 2005 at the Hudson Sports and Civic Center, 1820 Hanley Road:  Approve the issuance of a Temporary Class “B”/”Class B” Retailer’s License to the Hudson Hockey Association to allow the sale of beer and wine from April 28 to May 1, 2005 at a Pool Tournament to be held at the Hudson Sports and Civic Center, 1820 Hanley Road.

 

Request for Booster Days event/activities:  Approve the Booster Days event from Friday, July 1st to Sunday, July 3rd in Lakefront Park, with the parade and fireworks on Saturday July 2nd and beer garden hours the same as last year.

 

Request for High School Homecoming Parade:  Approve the Hudson High School Homecoming Parade scheduled for Friday, September 30th with the route beginning at Fourth and Myrtle Street, west on Myrtle to Second Street, and south on Second Street to Coulee Road.

 

Consider request for crosswalk on Vine Street at Hudson High School:  Approve the request for painted crosswalks at the Vine Street driveway entrances to Hudson High School.

 

Consider Police Department Internet/E-mail policy:  Approve the updated Hudson Police Department Computer/Internet/E-mail Policy, as submitted.

 

 REPORTS OF CITY OFFICIALS, BOARDS AND COMMISSIONS:  To place on file the quarterly reports of the Police Chief and Public Works Engineer/Superintendent, the Community Access Board minutes of 2/22/05, and the Hudson Area Joint Library Board minutes of 1/10/05.

 

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

 

Petition for annexation, 20+ acres, southeast quadrant of Carmichael Road and Stageline Road – Ban Tara, LLC and property owners – Ordinance No. 9-05:  Community Development Director Dennis Darnold informed the Council that the Plan Commission recommended approval of this annexation.  MOTION by O’Malley, second by Radermacher, to conduct a first reading on Ordinance No. 9-05.  MOTION CARRIED.  During discussion, O’Malley questioned the payment of the Impact Fees and other special assessments amounting to more than $392,000 that were to be paid to the City by April 12th.  Brian Zeller indicated that the developers were prepared to make the payment.  O’Malley also noted that the draft of the Development Agreement did not indicate the size of the retail establishments that would be permitted.He suggested that the agreement should address a 20,000 square foot limitation for the size of the proposed buildings. Mr. Zeller stated they were agreeable to that wording.  City Attorney Catherine Munkittrick stated that ownership of each parcel would need to be established as well as how to manage the annexation with Ban Tara LLC.  Dennis Darnold stated that Ban Tara LLC had agreed to pay all annexation costs and he was working with the City Attorney on the wording for the Annexation and Development Agreement. 

 

Land reclamation/grading permit for removal of 100,000 cubic yards of fill material from 20-acre site north of Stageline Road and east of STH 35 to be used at the STH 35/Hanley Road Interchange to construct approaches and ramps – Hoffman Construction/DaMe Properties:  Dennis Darnold explained that Hoffman Construction has requested a permit to borrow and move fill material to build ramps for the Highway 35/Hanley Road Interchange Project.  He noted that they have an agreement to use the 20-acre site owned by DaMe properties.  Mr. Darnold stated that the fill material would be hauled from mid-May until early June, with an incentive for the contractor to have the land restored, seeded and growing by September 15th.  MOTION by O’Malley, second by O’Connell to approve a land reclamation/grading permit for Hoffman Construction to use the 20-acre site owned by DaMa Properties (located north of Stageline Road and east of STH 35) to borrow fill to be used in the STH 35/Hanley Road Interchange Project, with the following conditions:

 

a.                   Hours of operation, 7:00 a.m. to 5:00 p.m. weekdays (Monday through Friday only)

b.                   Dust control shall be utilized, particularly in rock exit areas, to control tracking mud onto the road.

c.                   Submittal of the Erosion Control Plan and Site Restoration Plan, as required by the WisDOT.

d.                   Payment of the $2,500 Erosion Control deposit prior to commencement of any grading.

e.                   Preservation of trees, where possible.

 

     MOTION CARRIED.

 

     Application of E & E Adventures, LLC for Reserve “Class B” liquor and          Class “B” beer license d/b/a Twisted Grille at 501 Second Street:  Mayor Breault reported that the Finance Committee did not forward a recommendation so the full Council could hear the presentation. 

 

     Attorney William J. Radosevich, representing E & E Adventures, LLC, stated that his client has secured off-street parking through a letter of intent with Gagnon, Inc.  He stated that they also propose to institute Valet Parking, and noted that this should alleviate any parking concerns that the Council might have had.  He also addressed the availability of Class B Reserve licenses, noting that the City of Hudson has a quota that is more restrictive than the State.  Mr. Radosevich explained that the City could modify their restrictions and allow more licenses in the future, if they choose to do so. 

 

     Endre Govrick furnished Council members with an informational packet on the proposed restaurant and marketing plan.  He highlighted the desirable location and the parking lease arrangement with Gagnon Construction.  Mr. Govrick noted that over 60 private parking spaces would be available to their customers.

 

     Mayor Breault questioned which floors of the building would be used.  Mr. Govrick responded that the basement would not be used, just the street level and the second floor of the building.  Lengthy discussion continued regarding the size and location of the parking lots.  Melissa Dahl, Jeff Johnson, Nick Tierney, Steve Dunlap, and Joe Brode all spoke in favor of granting the license.  Randy Donaldson, son of an adjoining property owner, stated his concern for noise that could be disruptive for the building tenants.  MOTION by O’Malley to deny the application of E & E Adventures for a Reserve “Class B” liquor and Class “B” beer license.  MOTION FAILED for lack of a second.  Discussion followed regarding the number of liquor licenses available in the city.  Radermacher stated he believed the number of licenses allowed by the city was inadequate.  It was determined that one reserve liquor license was available.

 

     Laatsch indicated that he believed the applicants had addressed the parking issue and questioned the term of the agreement.  O’Malley stated that the downtown area was in his Aldermanic District, with 12 liquor establishments already in a four block area.  Riedel noted that he believed the business would be a good fit in the downtown area.  Mayor Breault stated that noise and parking issues should be considered.  Koch reported that she supported the application and after looking at the parking, she did not believe there was a problem.  MOTION by Koch, second by Riedel, to approve the issuance of a Reserve “Class B” liquor and Class “B” beer license to E & E Adventures, LLC doing business as the Twisted Grille at 501 Second Street, following successful completion of their inspections by the Police Department, Fire Inspector and Building Inspector.  Vote by show of hands, 5 in favor, O’Malley opposed - MOTION CARRIED.

 

Application of E & E Adventures, LLC for Class B Beer and Class C wine      license d/b/a Twisted Grille at 501 Second Street:  This application was withdrawn, per Attorney Radosevich.

    

Request of First Presbyterian Church for extended payments of deferred              assessments:  This item was carried over to the next agenda. Mayor Breault noted that the Finance Committee recommended maintaining the policy on assessments.  He stated that the church was working with City Staff.

 

Consider additional Police Dept. parking spaces in City Hall lot:  It was noted that the Public Safety Committee had recommended approval of the additional parking spaces.  Lt. Paul Larson noted that personal vehicles are not to be parked in the reserved spaces.  After much discussion, MOTION by O’Malley, second by Radermacher, to approve one additional parking space be designated for Police Department parking in the City Hall lot.  MOTION CARRIED.

 

Consider amending Ch. 110 of Municipal Code re: open burning – Ordinance No. 10-05:  dennis Darnold explained that the Public Safety Committee had recommended approval.  He noted that the amended draft of Ordinance 10-05 included the burning of prairie areas one acre in size, or greater, limited to commercial/industrial zoned properties, notification to the Fire Department and County Dispatch Center upon completion of the burn, and the requirement for supervision of the fire by professional fire management personnel.  He stated that such burns would be allowed initially for the first two consecutive years, and probably not again until 6 to 10 years later.  MOTION by O’Malley, second by O’Connell, to conduct a first reading on Ordinance No. 10-05.  MOTION CARRIED.

 

Proposal for signage for City parking lots:  It was noted that the Public Safety Committee recommended erecting universal parking signs at each of the five city parking lots.  O’Connell stated that they would prefer to use universal blue directional signs posted at all the parking lots.  Discussion continued regarding the color of the signs to assure that they could be distinguished from other signage.  MOTION by O’Malley, second by Radermacher, to refer the parking lot signage issue to the Finance Committee to determine the funding.  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:  Dennis Darnold called attention to the erosion issue, noting that control measures would need to be taken.  He also noted that the Plan Commission recommended approval.  MOTION by Radermacher, second by O’Connell, to adopt the following: 

 

ORDINANCE NO. 6-05

REZONING 76 COULEE ROAD FROM R-1 TO OFC DISTRICT

(Copy on file in Clerk’s office)

 

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 indicated that he and the Plan Commission recommended approval of Ordinance 8-05, with the word “may” changed to “shall” in the third line:  “The City may shall require the landowner(s) to pay . . . .” , regarding the requirement for the party petitioning the annexation to pay the property taxes to the applicable municipality.  He noted that current (pending?) annexations would have this requirement.  MOTION by O’Malley, second by Radermacher, to adopt the following ordinance, as amended, with the word “may” in the third line changed to “shall”: 

 

ORDINANCE NO. 8-05

AMEND CHAPTER 9 OF MUNICIPAL CODE RE: REQUIREMENTS FOR

 PAYMENT OF PROPERTY TAXES FOR ANNEXATIONS

(Copy on file in Clerk’s office)

 

MOTION CARRIED.

 

Review/consideration of request by Eric Sampson/Northstar Hospitality, LLC to restructure the loan collateral for their City of Hudson Revolving Loan Program  loan – Revolving Loan Fund Committee:   Riedel questioned whether there would be any additional costs involved for the City.  Dennis Darnold stated that the petitioner would pay for any additional costs.  MOTION by O’Malley, second by Laatsch, to approve the change in collateral for the City Revolving Loan to Northstar Hospitality, LLC, d/b/a Green Mill Restaurant, with the following changes and conditions:

 

·         Second lien on specific equipment (requires a UCC termination from Palm Brothers)

·         Second real estate mortgage on non-business property at 502 Nye Street, Hudson, WI, owned by Eric F. Sampson but limited to a $50,000 first mortgage

·         Personal guarantee of Eric F. Sampson

·         Subordination mortgage on Eric F. Sampson’s home in Prescott, WI

·         Waive the personal guarantee from David Bourdeau

·         Shorten the maturity by one-year (seven year term to six year term) Note-loan initially made in 2001

 

 

And contingent on the following:

·         An acceptable appraisal provided by the lead bank

·         Title insurance and a title company to file the new mortgage for the 502 Nye Street property

·         Business to pay all the out-of-pocket closing costs.

 

MOTION CARRIED.

 

St. Croix Rowing Club lease extension:  It was noted that the Public Works Committee and Superintendent/Engineer had approved the three-year lease extension.  MOTION by O’Malley, second by Radermacher, to approve a three-year extension of the existing lease with St. Croix Rowing Club for use of the pole sheds at 6 St. Croix Street, at the rental fee of $50 per month with annual review.  MOTION CARRIED.

 

     COMMUNICATIONS AND ITEMS FOR FUTURE AGENDAS:  Mayor Breault announced that a Special Council meeting was scheduled for Tuesday, March 22nd at 7:00 p.m. to discuss the 2005 Capital Projects and funding sources and issues regarding the Tourist Information Center.  He also noted that the City has been approached about taking over the Miss Hudson Pageant; this would also be an item on a future agenda.  O’Malley stated that the date of the first Council meeting in April may need to be changed due to the April 5th Spring Election.  Radermacher stated he would like to review the possibility of increasing the number of liquor licenses allowed by the City.

 

MOTION by Riedel, second by Radermacher, to adjourn the meeting.  Meeting adjourned at 8:37 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.

 

 

 

 

                           John D. Breault, Mayor