city of hudson common council

meeting minutes of march 21, 2005

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 Mike Laatsch, Dennis O’Connell, Paul Radermacher, Roger Riedel, Scot O’Malley, and Carah Koch at 7:05 p.m.

OTHERS PRESENT: City Attorney Joe Boles, Dennis Postler, Dick Trende, Betty Caruso, Angela Popenhagen, Dick Pearson, Don Maysack, Todd Stevens, Eric Sande, Brian Zeller, Randy Hanson, Dennis Darnold, Bruce Curry, David Robson, Kim Heinemann, Melissa Dahl, Andre and Erin Govrick, Jeff Johnson, Donald Simpson, Joanne Simpson, Wes Bryzowski, Donna Kidd, Dennis and Bonnie Krueger, Dennis Kroll, Tom Aitchison, and others.

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

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

MINUTES: Approve the Regular Meeting minutes of 3/7/05.

Certified Survey Map for three (3) industrial lots west of Willis Miller Drive and south of Heiser Street – St. Croix Business Park Corporation: Approve the three-lot Certified Survey Map as proposed by St. Croix Business Park Corporation, with the condition that the Corporation provide a surety to restore the street, curb and gutter, and boulevard areas disturbed by the installation of sanitary sewer and water services, with the surety amount to be determined by the City Engineer, and that the easement between Lots 3 and 4, CSM, Volume 18, Page 4863, City of Hudson, St. Croix County, WI be discontinued.

Request by Verison Wireless to replace an existing eight (8) foot high panel antenna with two (2) four foot high antennae in each of three sections – Hanley Road Water Tower: Approve the request by Verizon Wireless to replace an existing 8 foot high antenna with two 4 foot high antennae in each of the three sections on the Hanley Road Water Tower.

Claims: Approve the following claims for payment:

Fund	Description	payables	payroll	Totals
100	General	147,909.98	138,414.30	286,324.28
225	Impact Collection	194.00	0.00	194.00
410	Tax Increment Financing	40,392.63	0.00	40,392.63
450	Capital Projects	53,520.10	0.00	53,520.10
610	Sewer	20,658.32	9,594.81	30,253.13
620	Parking Utility	1,884.53	835.89	2,720.42
630	Ambulance	25,977.57	5,989.06	31,966.63
	Totals	$290,537.13	$154,834.06	$445,371.19

Applications for Operator’s Licenses: Approve the issuance of Temporary Operator's Licenses as follows:

Heidi Michelle Singerhouse 689 Tower Road Hudson, WI for

May 21, 2005 at a fundraiser at the Hudson Sports and Civic Center

Andrea Jane Layman 215 Starr Wood Hudson, WI for

April 2-3, 2005 at St. Patrick’s School Gala event, 403 St. Croix St.

Application of St. Patrick’s Home and School Association for Temporary Class “B”/Class B” Retailer’s License to sell beer and wine at the St. Patrick’s Gala event, April 2-3, 2005 at St. Patrick’s School, 403 St. Croix Street: Approve the issuance of a Temporary Class “B”/”Class B” Retailer’s License to St. Patrick’s Home and School Association to allow the sale of beer and wine April 2-3, 2005 at the annual St. Patrick’s Gala event at 403 St. Croix Street, Hudson, WI.

Application of Hudson Hockey Association for Temporary Class “B”/Class B” Retailer’s License to sell beer at a Dweebs Concert event May 21, 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 at a Dweebs Concert event on May 21, 2005 at the Hudson Sports and Civic Center, 1820 Hanley Road.

REPORTS OF CITY OFFICIALS, BOARDS AND COMMISSIONS: To place on file quarterly report of the St. Croix E.M.S. Chief, the Public Utility Commission minutes of 3/8/05, and the St. Croix E.M.S. Commission minutes of 3/14/05.

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 Council that the City Attorney had three issues for Council to address before any further consideration was given, as follows: 1) All property owners that signed the petition for annexation should also sign the Annexation and Development Agreement; 2) The City needs a letter of credit to provide assurance that Ban Tara LLC will pay the required fees and cost implications that were due March 12^th. Mr. Darnold noted that the letter of credit was provided. 3) The requirement for a certified survey of the property by a registered land surveyor showing the legal description as part of the annexation. This was completed and submitted. It was also noted that the property owners and developer should follow the proper procedures for well and septic system abandonment.

Radermacher inquired about the limitation of 20,000 square feet for proposed buildings on the site. Mr. Darnold stated that in discussions with the City Attorney, they wanted the Agreement to provide Council the flexibility to consider businesses that wanted larger facilities. Brian Zeller cited examples of square footages for stores in the area, and stated that a 25,000 square foot limitation would provide even more flexibility. MOTION by O’Malley, second by Laatsch, to adopt the following, with the condition that paragraph E of the Annexation and Development Agreement be changed to indicate a size restriction of 25,000 square feet for structures in the development:

ORDINANCE NO. 9-05

ANNEXING TERRITORY TO THE CITY OF HUDSON WI 54016

(Ban Tara area of 22.8 acres)

(Copy on file in Clerk’s office)

Koch indicated concern for increased traffic from an annexation of this size. Mayor Breault stated that the Council still has control over the buildings that would be erected, and he did not believe this would be an issue. Vote: Ayes (5); No (1). MOTION CARRIED.

Possible reconsideration and rescission of 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 explained that this item was placed back on the agenda to assure the Council that the parking lot lease agreement with Gagnon Construction Company did exist. He noted that a copy of the document was received, and no further action was necessary.

Petition for annexation of eight (8) acres north of Vine Street and west of Grandview Drive – First Presbyterian Church – Ordinance No. 11-05: Dennis Darnold reported that the First Presbyterian Church was requesting the Council to consider allowing them to make payments on the County Trunk UU special assessments. He noted that the assessment of approximately $21,000 could be paid over five years during the remainder of the 10-year assessment period. He also stated that a $12,168 stormwater assessment was stipulated in the Development Agreement with Mr. Les Jacobson. Mr. Darnold also reported that the property was assessed as private property, and has not been tax-exempt. In discussions with the State, he was informed that the obligation to pay five years of property taxes to the Town of Hudson would still be required. He noted that the amount was approximately $300 a year and it would need to be included in the Development Agreement.

MOTION by O’Malley, second by O’Connell to conduct a first reading on Ordinance No. 11-05. Tom Aitchison of the First Presbyterian Church, agreed with the first reading, and he requested the Council to consider allowing the year 2000 CTH UU Street Project special assessments to be paid over five years. He also requested that the church would be responsible for the costs of a turn lane, if it becomes required by the Council. Further discussion was held regarding bank interest rates versus the City monitoring the assessment payments and the time involved for City Staff. MOTION CARRIED.

issues re: management of Miss Hudson Pageant: Mayor Breault stated that the Finance Committee had recommended no involvement by City Staff or costs to the taxpayers. Chamber President Kim Heinemann reported that the Miss Hudson Pageant did not fit directly with the Chamber’s Mission Statement and they were looking for new sponsors. She stated she would return with more information at the next Council meeting.

Tourist Information Center issues: Mayor Breault suggested that this matter be carried over to the special Council meeting and discussed with the other 2005 Capital Projects.

Revisions to Street Maintenance Worker job description: motion by O’Malley, second by Laatsch to approve the 3/18/05 draft of the Public Works Street Maintenance Worker job description, with the minor changes in the percentages of time allocated, as submitted.

Walnut Street Bridge Project: Consultants from Bonestroo, Rosene, Anderlik & Associates informed the Council about the options for repair of the Walnut Street Bridge. It was noted that Wis/DOT could fund 80% of the project and 20% would be the City’s responsibility, in addition to the design costs. BRA outlined five project alternatives for the bridge in their report, which was placed on file. Option number five appeared to be most favorable to the Council, as it included superstructure replacement with new pre-stressed concrete beams, concrete deck and pier repairs at a total estimated cost of $250,000 and a local cost share of $58,000. It was determined that this matter would also be discussed with the 2005 Capital Projects at a Special Council meeting.

Carmichael Road and Center Drive right turn lane improvements: O’Malley briefly described the right turn lane from Carmichael Road to Center Drive and stated that more permanent markings are needed, perhaps by using thermoplastic. Dennis Postler stated that as the turn merges into traffic, the curb should be marked as well.

Street light at Vine Street and Diamond Drive: O’malley explained that the discussion by the Public Works Committee determined that there was not enough light at the intersection of Vine Street and Diamond Drive. Various options were considered, and it was determined that brighter illumination could be provided by upgrading the wattage and tilting the light at a better angle, at no cost to the City. MOTION by Radermacher, second by Laatsch, to approve requesting Xcel Energy to upgrade the wattage and tilt the existing street light at Vine Street and Diamond Drive. MOTION CARRIED.

Consider amending Ch. 110 of Municipal Code re: open burning – Ordinance No. 10-05: dennis Darnold noted that the first reading was held on 3/7/05; he was available for any questions that Council might have. MOTION by O’Malley, second by Koch, to adopt the following:

ORDINANCE NO. 10-05

AMENDING HUDSON CITY CODE, CH. 110 OPEN BURNING

(Copy on file in Clerk’s office)

MOTION CARRIED.

Consider date for first Council meeting in April, due to April 5^th Spring Election: MOTION by O’Malley, second by Laatsch, to move the date for the first Council meeting in April from Monday, April 4^th to Wednesday, April 6^th. MOTION CARRIED.

Review the City’s quota of licenses for the sale of alcoholic beverages: acting City Attorney Joe Boles noted that there could be discussion about the possibility of changing the City’s liquor license quota. It was noted that the City has stricter guidelines than those required by the State. Discussion continued on the pros and cons for changing the quota. MOTION by O’Malley, second by Laatsch, to not expand the number of liquor licenses available in the City at this time. Vote taken by show of hands: Ayes, Riedel, O’Malley and Laatsch (3); Noes: Radermacher, O’Connell and Koch (3). Mayor Breault broke the tie by voting Yes. MOTION CARRIED.

Amendment No. 1 to Land Lease Agreement with Verizon Wireless for antenna array reconfiguration on Hanley Road Water Tower – 1361 Hanley Road: Dennis Darnold reported that the Public Utility Commission had recommended approval of the amendment to the contractual agreement with Verizon Wireless. MOTION by O’Malley, second by O’Connell, to approve Amendment No. 1 to the Land Lease Agreement with Verizon Wireless for antenna array reconfiguration on the Hanley Road Water Tower. MOTION CARRIED.

COMMUNICATIONS AND RECOMMENDATIONS OF THE MAYOR: It was decided that a Special Council Meeting to discuss 2005 Capital Projects would be held on Wednesday, March 23, 2005 at 7:00 p.m.

COMMUNICATIONS AND ITEMS FOR FUTURE AGENDAS: None.

MOTION by O’Malley, second by Radermacher, to adjourn the meeting. Meeting adjourned at 8:08 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