CITY OF HUDSON COMMON COUNCIL MEETING

MINUTES OF MONDAY, APRIL 17, 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 Randy Morrissette, Dennis O’Connell, Paul Radermacher, Roger Riedel, Scot O’Malley and Carah Koch.

OTHERS PRESENT: Devin Willi, Catherine Munkittrick, Denny Darnold, Mike Wallace, Lee Wyland, David Robson, Jim Eulberg, Lisa Thielman, Dick Trende, Randy Hanson, Steven Warnken, Brian Zeller, Betty Caruso, Eric Christensen, Wes Halvorsen, Gordon Conard, Angela Popenhagen, Barry Lundeen, Rocky Stucci, Barry Stucci, Sharon Horne-Ellstrom, Jim O’Connor, John and Janna Gaffer, Don and Debby Maysack, and others.

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

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

MINUTES: Approve the Regular Meeting minutes of 4/5/06.

Claims: Approve the following claims for payment:

Fund	Description	A/P Amounts	Totals	Totals
100	General	134,271.31	115,750.59	250,021.90
231	SCBP-RVL Loan	75,000.00	0.00	75,000.00
270	Police Drug Forfeiture	68.55	0.00	68.55
450	Capital Projects	17,294.91	0.00	17,294.91
610	Sewer	80,623.01	11,793.06	92,416.07
620	Parking Utility	131.40	659.58	790.98
630	Ambulance	7,518.07	6,409.99	13,928.06
860	Tax Agency	130,217.10	0.00	130,217.10
	Total	$445,124.35	$134,613.22	$579,737.57

Applications for Operator’s Licenses: Approve the issuance of Regular Operator’s Licenses for the period April 18, 2006 to June 30, 2007 to:

David Ross Till N8135 940^th Street River Falls, WI

Jana Le Gaffer 342 County Road F Hudson, WI

Tyrrell J. Gaffer 342 County Road F Hudson, WI

Patrick James O’Keefe 904 Ninth Street Hudson, WI

REPORTS OF CITY OFFICIALS, BOARDS AND COMMISSIONS: Place on file the Quarterly Report of the Assessor/Building Inspector, the Community Access Board minutes of 3/28/06, Public Utility Commission minutes of 4/11/06, St. Croix E.M.S. minutes of 4/6/06, and Hudson Area Advisory Joint Fire Board minutes of 4/20/06.

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

Final Development Plans for 7,000 sq. foot retail center at 1021 Pearson Drive, Lot 2, Ban Tara commercial development – Derrick Commercial Contracting LLC: Denny Darnold reported that the Plan Commission recommended approval with the condition that they enter into an agreement for landscape and right-of-way restoration and also provide a letter of credit.

MOTION by Morrissette, second by O’Malley, to approve the final development plans for a 7,000 square foot retail center at 1021 Pearson Drive, Lot 2 in Ban Tara commercial development, as presented by Derrick Commercial Contracting, LLC, with the following conditions:

· Property owner enters into an agreement that the property owner/developer will be responsible for restoration of the patio and landscape improvements that will cover the sanitary sewer easement, if the City needs to disturb the improvements due to maintenance or repair of the sanitary sewer utility.

· Provide a letter of credit of $4,550 for the restoration of improvements within the Pearson Drive right-of-way, and associated City inspection costs.

Koch expressed her opposition, stating that she has not supported new businesses in the annexed property in the past, and would not support this project, even though it was a nice-looking building. Ayes (5), Koch voted No, MOTION CARRIED.

Final Development Plans for River Bluffs Business Center, 35,424 sq.ft. office/warehouse facility, Lot 3 in St. Croix Business Park – River Bluffs Business Center, LLC: denny Darnold reported that the Plan Commission recommended approval, with conditions as outlined on the issue sheet. He explained that the business center would be 33% to 40% office space, with the rest warehouse. He noted that higher ceilings were incorporated and the units would be available for purchase.

MOTION by Radermacher, second by Koch, to approve the final development plans for the River Bluffs Business Center, Lot 3 in St. Croix Business Park, contingent on plans to be revised per the City Engineer’s recommendation, provision of a fire lane per the Fire Inspector’s review, and provision of a letter of credit in the amount of $8,950 to assure restoration of improvements and the boulevard area within the Harvey Street right-of-way, and associated City inspection costs. All ayes, MOTION CARRIED.

Certified Survey Map for two zero-lot line lots at 2210-2212 Namekagon Street, Lot 15 in St. Croix Valley Park – Alan Homeier: denny Darnold explained the Certified Survey Map that would create two zero-line lots on Namekagon Street. He noted that the Plan Commission recommended approval with conditions for revisions regarding undelineated cross easements for Lots 1 and 2. He stated that the revised versions had been received, and a property management and declaration agreement would also need to be reviewed by the City Attorney. He stated that he and the Attorney were clarifying the language to be included in the documents, and they would have to be received before execution of the Certified Survey Map. Mr. Darnold explained that a zero-lot line lot promotes individual ownership of the units and may facilitate better maintenance of the property.

MOTION by O’Malley, second by Radermacher, to approve the Certified Survey Map submitted by Alan Homeier creating two zero-lot line lots at 2210 and 2212 Namekagon Street, with submittal of a copy of the property management and declaration agreement (after it has been created by Mr. Darnold and Attorney Munkittrick). All ayes, MOTION CARRIED.

Certified Survey Map for two zero-lot Line lots at 814-816 First Street, part of Lot 8, Block 6, Daniel Mears Addition – Steve Warnken: mr. Darnold noted that the Plan Commission recommended approval. He explained that a notation about undelineated cross easements for repair and maintenance of private sanitary sewer and water services was received for placement on the CSM. He stated that a property management and declaration agreement was also needed.

MOTION by Koch, second by O’Malley, to approve the Certified Survey Map for two zero-lot line lots at 814 and 816 First Street, as proposed by Steven Warnken, contingent on submittal of the property management and declaration agreement. All ayes, MOTION CARRIED.

Denny Darnold also reported that 1,954 Comprehensive Plan residential surveys have been returned to the UW-River Falls, which represented 47% at this time. He also noted responses representing 53% of the industrial surveys, 34% of businesses in the “hill” area, and 38% of the downtown commercial surveys were received. He announced that the completed report was expected by mid-May.

Consider adoption of wage scale for seasonal maintenance workers: Mayor Breault noted that the Finance Committee recommended adoption of the pay scale for seasonal employees in the Public Works, Parks and Water Departments. He stated that the pay scale would assure uniformity for most of the part-time employees, but would not include the lifeguards or gardeners. MOTION by Radermacher, second by O’Malley, to approve the wage scale for part-time seasonal maintenance employees, as follows:

1^st year employee, $10.00 per hour 4^th year employee, $11.50 per hour

2^nd year employee, $10.50 per hour 5^th year employee, $12.00 per hour

3^rd year employee, $11.00 per hour

Riedel suggested that anyone with five years and more be included in the last category. The consensus of the Mayor, Administrator and Council, was to include five plus year employees at the $12.00 per hour rate. MOTION CARRIED.

Review the rent for the Library space in the Municipal Building: mayor Breault noted that the rent increase for the Library space in the Municipal Building was supposed to take place in 2004 and 2005, but did not happen. He stated that the Finance Committee recommended charging the $8 per square foot rate for 2005, since the books for 2004 were closed. Administrator Willi reviewed his summary of expenditures and rent revenues for the Municipal Building. It was also noted that the other tenants in the building were currently paying the $8 per square foot rate. MOTION by O’Malley, second by Riedel, to approve increasing the rent rate for the Library space in the Municipal Building to $8 per square foot, effective January 1, 2005. All ayes, (6) MOTION CARRIED.

Application of Hudson Softball Association, Inc. for renewal of six-month Class B beer license for the concession building at Grandview Park, 1100 Carmichael Road, Hudson, WI: Mayor Breault stated that the Finance Committee recommended renewal of the six-month beer license to the Softball Association. Jim Eulberg noted his request to receive monthly reports, per the Concession Agreement with the Association.

MOTION by Radermacher, second by O’Malley, to approve the renewal and issuance of a Class B Beer license to the Hudson Softball Association, Inc. for the period May 1, 2006 to October 31, 2006, to sell beer from the Concession Building in Grandview Park, 1100 Carmichael Road, Hudson, WI. In discussion, O’Malley complimented the Softball Association for a well-run program. He stated that it helps to provide money for improvements to the park. All ayes (6), MOTION CARRIED.

Application of Hudson Booster club for Temporary Class “B”/”Class B” Retailer’s license to sell beer June 29 to July 4, 2006 during the annual Booster Days event in Lakefront Park: Mayor Breault reported that the Finance Committee recommended approval for the temporary beer license. He stated that the Boosters sponsor a great program that benefits youth in the community, and he hoped their fundraising event would be successful again this year. MOTION by Radermacher, second by Riedel to approve issuance of a temporary Class “B”/”Class B” Retailer’s License to the Hudson Boosters to sell beer from June 29 to July 4, 2006 at the annual Booster Days event in Lakefront Park. All ayes (6), MOTION CARRIED.

Application of Darla’s Holding Co. for Class B liquor and Class B beer license d/b/a Darla’s Uptown Grill, 840 Carmichael Road, Hudson, WI; and Application of The Nova LLC for Class B liquor and Class B beer license d/b/a The Nova, 236 Coulee Road, Suite 2, Hudson, WI; AND Application of St. Croix Hospitality, Inc. for Class B liquor and Class B beer license d/b/a Café la Poste, 225 Locust Street, Hudson, WI; AND Application of Sharon Horne-Ellstrom for Class B liquor and Class B beer license d/b/a Stucci’s Italian Food & Spirits, 417 2nd St., Hudson, WI: mayor Breault introduced consideration of the four applications submitted for the beer and liquor license that was available. Attorney Catherine Munkittrick reviewed the information received and presented options for Council to consider. She stated that her memo to the Council members concerned legal issues for some of the license applications. She noted that City Code prohibits issuance of a license for someone who has delinquent accounts with the City, therefore, the application of Darla’s Holding Company could not be approved.

Ms. Munkittrick also noted that the application from Sharon Horne-Ellstrom indicated she was applying for the license as an individual. Additional information received on April 13, 2006 indicated that a Limited Liability Company, Sharon Horne-Ellstrom LLC, would be operating the business. She noted that State law required the license to be held by the person or entity operating the business, and a business cannot operate under the license of someone else. The license must be issued in the name of the person/entity named in the application. She noted that in order to consider Ms. Horne-Ellstrom’s proposal, the limited liability company would have to submit an application for the liquor license, and it would need to go through the required publication and investigation process.

Attorney Munkittrick also outlined the factors that Council must consider in determining liquor license applications, according to Municipal Code Ch. 145-11 B. She summarized three options for Council consideration: (1) They could approve either of the two completed applications; (2) postpone a decision in order to allow Sharon Horne-Ellstrom LLC to apply for the license, or (3) choose to not issue any license at this time. She advised that if they chose not to issue any license, the reasons for the decision must be articulated.

MOTION by O’Malley, second by O’Connell, to approve the third option as presented by the City Attorney, to not issue a liquor license at this time, at all. In discussion, the Council members stated their positions. Mayor Breault invited the applicants or their representatives to address the Council.

Barry Lundeen spoke on behalf of Sharon Horne-Ellstrom and requested Council to postpone a decision until his client had a fair chance to submit a new application. Jana Gaffer spoke on behalf of The Nova, LLC. Don Maysack spoke on behalf of St. Croix Hospitality, Inc. No representative was present for Darla’s Holding Company.

Lengthy discussion was held. Attorney Munkittrick again reviewed the Council’s options for action. MOTION WITHDRAWN by O’Malley so that a vote could be taken on the two remaining applicants. O’Connell agreed to withdraw his second of the original motion.

MOTION by Radermacher, second by Morrissette to postpone action for two weeks, until the next meeting, to allow time for Sharon Horne-Ellstrom’s application to be properly submitted. His motion was clarified to read: “postpone until the next possible meeting after the application has met the filing requirements.” Further discussion was held regarding postponing a decision and gathering additional information for consideration. Vote taken, Ayes (4); O’Connell and O’Malley voted No (2), MOTION CARRIED.

St. Croix E.M.S. write-offs: Mayor Breault noted that the Finance Committee recommended approval. MOTION by O’Connell, second by Radermacher, to approve the St. Croix E.M.S. write-offs in the amount of $28,891.69, as recommended by LifeQuest, following Phase III of their collection procedures. Discussion was held concerning the amount of the write-offs, due to the 42% increase in call volume. EMS Chief Eric Christensen stated that the write-offs were in proportion to the increase of calls. He also explained how income tax refunds were being tagged, and noted that $7,000 had been recovered from that process. All ayes (6), MOTION CARRIED.

Review proposed job description and consider reclassification to Administrative Assistant position in Police Department: Mayor Breault suggested that the item should be postponed until the new Police Chief was in place and had a chance to evaluate the issue. He noted that the Finance Committee also recommended that approach. MOTION by Riedel, second by Morrissette, to postpone action on reviewing the proposed job description and reclassification to an Administrative Assistant position in the Police Department. Discussion included the timetable for the hiring of the new Chief of Police. All ayes (6), MOTION CARRIED.

Review bids submitted and consider awarding contract for Spring Leaf Collection Program, and schedule collection/DROP-OFF dates: O’Malley reported that the Public Works Committee recommended accepting the bid from River City Disposal in the amount of $14,850 for the spring and fall leaf collections. He noted that there would be 15 dumpsters used in the spring and 30 in the fall, and the tipping charges were included. O’Malley reminded that only bags of leaves and cut grass would be accepted – no tree limbs, Christmas trees, etc. The plastic bags should not be larger than the 90-gallon size. He also noted that curbside service could be arranged for an additional charge.

MOTION by O’Malley, second by Radermacher, to accept the bid of River City Disposal for the Spring and Fall Leaf Collection Program in the amount of $14,850. Additional information included the dates and times the site would be open to accept the bags of leaves. Mayor Breault requested that City Staff be available to help those who needed it, and that extra signs be posted to show the drop-off location. It was also noted that funds for the Leaf Collection Program were in the budget. All ayes, MOTION CARRIED.

Approve areas for 2006 Mill and Overlay Project and proceed with advertising for bids: o’malley stated that funding for the Mill and Overlay Project was available in the 2006 Budget. The areas in the project include the City Hall parking lot, a portion of Laurel Avenue from 13^th to 17^th Street, the Harbor parking Lot between 2^nd Street and the Williams Lot, and the North Lot at Second and Vine Street. In 2007, the mill and overlay project would include Crest View Drive and the Carmichael Road intersection, which need Wisconsin DOT approval. MOTION by O’Malley, second by Radermacher, to proceed with advertisement for bids for the 2006 Mill and Overlay Project, as outlined. All ayes, MOTION CARRIED.

DNR Grant re: water quality of Lake Mallalieu: o’malley explained that a DNR Grant was being considered as part of the Lake Mallalieu Stormwater Assessment Project. He stated that the Public Works Committee recommended Council approval to authorize Mayor Breault to execute the documents necessary to obtain the Management Planning Grant Application to be submitted by the City’s consulting engineers, Bonestroo & Associates. The project will involve measurements of silt and phosphates that are entering Lake Mallalieu from this area. He stated that 75% of the costs would be paid by the DNR. He noted that the City would scale the project to match the funds, which could be approximately $10,000. MOTION by O’Malley, second by Riedel, to suspend the rules toward adoption of Resolution No. 4-06. Ayes (5); Koch voted No, MOTION CARRIED. MOTION by O’Malley, second by Riedel, to adopt the following:

RESOLUTION NO. 4-06

LAKE MALLALIEU STORMWATER ASSESSMENT PROJECT AND

DNR LAKE MANAGEMENT PLANNING GRANT APPLICATION

(Copy on file in Clerk’s office)

All ayes, (6) MOTION CARRIED.

Proposed ordinance regarding signage prohibiting the feeding of geesE and ducks in Lakefront Park – Ordinance No. 7-06: motion by O’Connell, second by Radermacher, to suspend the rules toward adoption of Ordinance No. 7-06. Ayes (5); Koch voted No, MOTION CARRIED. MOTION by Radermacher, second by Morrissette, to adopt the following:

ORDINANCE NO. 7-06

Prohibiting feeding ducks, geese and wild animals

(Copy on file in Clerk’s office)

Koch stated that she did not support the signage prohibiting the feeding of ducks and geese in Lakefront Park because it was an emotional issue for many people, and she believed it should have a first reading only at this time. She stated that it was important for people to share their viewpoints on the subject. Jim Eulberg, Director of Parks and Public Works, shared information concerning the geese excrement and high Ecoli counts at the swimming beach. He stated that an ordinance needed to be in place so that signage could be installed and enforced. Further discussion included the feeding of trumpeter swans, costs of removing fowl from the park, Avian flu. Vote taken, Ayes (5); Koch voted No – MOTION CARRIED.

Request for exclusive use of Lakefront Park June 15-17, 2006 – River Rock Festival: mayor Breault stated that the Park Board reviewed the request of Jeff Johnson for exclusive use of Lakefront Park for a River Rock Festival to be held in June. He stated that the Park Board recommended approval, with the use of additional Casual Call Police Officers on duty as well as the security hired for the event. It was also noted that the Special Event Permit application would need to be filed in the Clerk’s office. Mayor Breault clarified that the agenda issue was only to reserve Lakefront Park to be used June 15-17, 2006. Attorney Munkittrick advised that approval for the event would return to the Council for consideration, after the other committees have reviewed the application. MOTION by O’Malley, second by Riedel, to notify the River Rock festival organizers that another event would not be scheduled in Lakefront Park from June 15 to 17, 2006, pending submittal of a completed Special Event Permit application form. O’Malley clarified that the City could not grant exclusive use of the park. Attorney Munkittrick also noted that the new Special Event Permit application was a learning process for both the event organizers and City Staff and needs to be followed. All ayes, MOTION CARRIED.

Update on Expansion of Lakefront Park Retaining Wall Project: Jim Eulberg requested Council to authorize some surveying work in the park in order to proceed with the retaining wall project. He stated that a survey would include information on the area for the retaining wall, amount of fill that would be required, and the impact to the area. He stated that the Park Board recommended surveying the areas of the park north and south of the Walnut Street Bridge.

Mr. Eulberg explained that the City crew would do as much work as possible for the Retaining Wall Expansion Project. He stated that the actual construction of the wall would be advertised for bids. He noted that the current walking path would remain in its current location because it was handicapped accessible. Discussion was held concerning the style and placement of the retaining wall. MOTION by Radermacher, second by O’Malley, to authorize Bonestroo & Associates to proceed with the survey work for the Lakefront Park Wall Expansion Project, at a cost of $2,500 for each portion south of Walnut Street and North of Walnut Street, for a total of $5,000. All ayes, MOTION CARRIED.

Request of Mark Cunningham Sr. for sales in the parks: motion by O’Malley, second by O’Connell, to deny the application of Cody Goulette, 775 103^rd Street, Roberts, WI to sell deli sandwiches in City parks. All ayes (6), MOTION CARRIED.

Anderson Park – tennis court and basketball court resurfacing: motion by Radermacher, second by O’Malley, to accept the bid of C & H Sport Surfaces in the amount of $4,885.00 to resurface the tennis and basketball courts in Anderson Park. It was noted that funds are included in the 2006 Parks budget. All ayes, MOTION CARRIED.

Park signage: jim Eulberg reviewed the costs for limestone signs for various parks in the City. MOTION by Radermacher, second by O’Malley, to proceed with the purchase of new limestone signs from Rivard Stone for Williams Park, Grandview Park, Birkmose Park, and the Lake Mallalieu public access area. Administrator Willi stated that funds were available in the Parks Donation account. All ayes, (6), MOTION CARRIED.

Consider awarding contract for Prospect Park Stairs & Retaining Wall Project: motion by Morrissette, second by O’Malley, to approve the base bid from Environmental Landscape, 575 Schommer Drive, Suite D, Hudson, WI, in the amount of $49,994.00 for the Prospect Park Stairs and Retaining Wall Project. All ayes (6), MOTION CARRIED.

Hiring of St. Croix E.M.S. Operations Supervisor: St. Croix E.M.S. Chief Eric Christensen introduced Wesley Halvorsen and requested Council confirmation to offer him the position as fulltime Operations Supervisor. Mr. Halvorsen shared information about his experience and background, noting that he was currently a part-time Paramedic with the service and he is to begin fulltime employment on April 21, 2006.

Ordinances re: recreated Article II of Chapter 235 of Hudson Municipal Code, Municipal Parking System – summary Ordinance No. 5-06 and Ordinance 6-06: attorney Munkittrick pointed out a minor correction to Ordinance No. 6-06, Chapter 235-35, section C, removing the word “Plaza.” MOTION by O’Malley, second by Radermacher, to adopt the following ordinances, as amended:

ORDINANCE NO. 5-06

SUMMARY ORDINANCE RE: RECREATED CH. 235, ARTICLE II

ON FILE FOR PUBLIC INSPECTION

ORDINANCE NO. 6-06

RECREATED CH. 235, ARTICLE II

HUDSON MUNICIPAL PARKING SYSTEM

(Copies on file in Clerk’s office)

All ayes, MOTION CARRIED.

communications and recommendations of the mayor: Mayor Breault presented a plaque to District 4 Alderperson Roger Riedel for his two years of service representing the citizens in District 4 and for his work on various committees. Mr. Riedel thanked the Mayor, Council members, City staff and voters for the opportunity to serve.

COMMUNICATIONS AND ITEMS FOR FUTURE AGENDAS: Morrissette requested maintenance for a pothole at 11^th and Coulee Road. Riedel reminded citizens in District 4 that there would be Public Hearing on May 1^st at 6:50 p.m. regarding the request to rezone the former hospital property (on Wisconsin Street).

Administrator Willi announced that the annual Organizational Meeting would be held Tuesday, April 18^th, at 7:00 p.m.

MOTION by Radermacher, second by O’Connell, to adjourn the meeting. All ayes (6). MOTION CARRIED. Meeting adjourned at 8:26 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