CITY OF HUDSON COMMON COUNCIL

MEETING MINUTES OF MONDAY, APRIL 18, 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:  Betty Caruso, Denny Darnold, Jim Frye, Jim Eulberg, Brian Zeller, David Robson, Gordon Conard, Dennis Postler, Angela Popenhagen, Mark Erickson, Jim Eulberg, John Kramer, Randy Hanson, and others.

 

     COMMENTS AND SUGGESTIONS FROM CITIZENS PRESENT:   President O’Malley stated that Mayor Breault was absent while attending to a family matter. He announced he would be conducting the meeting and also remain a voting member representing the Fifth Aldermanic District.

 

     Fire Chief Jim Frye invited everyone to attend a fundraising breakfast for the Fire Department on Sunday, April 24, from 7:30 a.m. to 12:30 p.m. at the Fire Hall, 222 Walnut Street.

 

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

 

MINUTES: Approve the Regular Meeting minutes of 4/6/05 and the Special Meeting minutes of 3/23/05.

 

      Review of Conditional Use Permit for Hobbins Antique Sales, 825 Second Street – Sally Hobbins:  Approve the Conditional Use Permit for Sally Hobbins, 825 Second Street, with the same conditions as initially approved, with the sign allowance for identification of the business be increased to three square feet and the sign location to be determined by the Community Development Director, and the permit to be reviewed again in three years (April of 2008).

 

Review of Conditional Use Permit for Skits Outreach Services (SOS), teen theatre group productions, office facility and off-street parking at 900 Fourth Street – SOS:  Approve the Conditional Use Permit for Skits Outreach Services at 900 Fourth Street, teen theatre group productions, office facility and off-street parking, with the conditions initially approved, and permit review again in three years (April 2008).

 

Amendment to Zoning Code, § 255-89.B. – Security deposit required for                                                                     project review costs, to change language to reference the fee schedule – Community Development Director: Direct the City Attorney to review the proposed ordinance and schedule a Public Hearing for 6:55 p.m. on 5/2/05.

 

Claims:   Approve the following claims for payment:

 

Fund

Description

PAYABLES

PAYROLL

Totals

100

General

175,802.14

108,115.31

283,917.45

230

Wisc DVL/RVL

0.20

0.00

0.20

270

Police Drug Forfeiture

812.93

0.00

812.93

410

Tax Increment Financing

424.07

0.00

424.07

450

Capital Projects

7,552.66

0.00

7,552.66

610

Sewer

18,354.77

9,563.40

27,918.17

620

Parking Utility

505.49

848.51

1,354.00

630

Ambulance

21,487.12

6,298.50

27,785.62

860

Tax Agency

118,999.25

0.00

118,999.25

 

                   TOTALS

$343,938.63

$124,825.72

$468,764.35

 

Easement Agreement re: request to construct a fence at 1721 Cudd             Circle:  Authorize Beverly Solsvig, 1721 Cudd Circle, to construct a fence within a Utility Easement area, upon execution of the Easement Agreement with the City.

 

Auto Aid Agreement with Roberts/Warren Fire Department:  Approve the Agreement for Mutual Automatic Aid with the Roberts-Warren Fire Department, and the Automatic Aid SOG, and authorize the Mayor, City Clerk, Fire Chief and Fire Secretary to execute the Agreement.

 

     REPORTS OF CITY OFFICIALS, BOARDS AND COMMISSIONS:  To place on file

the quarterly report of the Fire Chief, the Community Access Board minutes of 3/22/05, Public Utility Commission minutes of 4/12/05, and the Zoning Board of Appeals minutes of 8/9/04.

 

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

 

Final Development Plans for 20,340 square foot office, assembly and warehouse facility at 2251 Willis Miller Drive in St. Croix Business Park – Eagle Packaging:  Dennis Darnold reported that Eagle Packaging proposes to construct a 20,340 square foot facility west of the GM plant.  He noted that the Plan Commission recommended approval contingent on amending the final plans per the City Engineer’s comments and providing a letter of credit for street restoration.  Mr. Darnold explained that the St. Croix Business Park Corporation would be installing a new set of water/sanitary sewer services at their expense.  MOTION by Koch, second by O’Connell, to approve the final development plans of Eagle Packaging for a 20,340 square foot facility at 2251 Willis Miller Drive in St. Croix Business Park, contingent on amendment of the final development plans per the City Engineer’s comments, and that Eagle Packaging is to provide a letter of credit, with the amount to be determined by the City Engineer, to assure the restoration of street, curb and gutter, and boulevard area at the proposed entrances.  MOTION CARRIED.

 

Final Development Plans for Golf View Center, 23,828 square foot office, retail and restaurant facility at 131 Carmichael Road, west side of Carmichael Road (north of Target) – CBL Partners, LLC:  dennis Darnold reported that two issues needed to be resolved regarding the proposal.  The first was a minor storm water issue that he did not believe should hold back approval of the project, however it does need to be addressed before issuance of the building permit.  The second issue was the name of the project.  He stated that the Plan Commission thought the name could cause confusion with the Golf View residential area.  Mr. Darnold noted that he spoke with Lon Feia of CBL Partners, and they would be working together to come up with a name that would be satisfactory to the developer and not confusing for emergency response vehicles.  Architect Matt Frisbie displayed a three-dimensional rendering of the proposed building and noted they were working on a new name and would come up with a solution.  Mr. Darnold stated the Plan Commission recommended approval.  MOTION by Riedel, second by Laatsch, to approve the final development plans for the development at 131 Carmichael Road, tentatively named Golf View Center, with the plans to be revised per the City Engineer’s comments.  MOTION CARRIED.

 

Request for rezoning 20+ acres from R-1, One-Family Residential District to B-2, General Business District, south of Stageline Road and east of Carmichael Road – Ban Tara, LLC – Ordinance No. 12-05:  president O’Malley noted that this was the first time this rezoning request was being presented to the Council.  MOTION by Koch, second by Radermacher, to conduct a First Reading on Ordinance No. 12-05.  O’Connell inquired whether Mr. Darnold was familiar with the concerns brought forth by Mr. Kremer at the public hearing.  Mr. Darnold stated that the request before the Council was for rezoning and Mr. Kremer’s concerns would be addressed at the April 21st Plan Commission meeting.  He noted that hopefully he would have copies of the easements in order to address those issues then.  Discussion continued.  Mr. Darnold emphasized the need to understand and clarify the easement issues.  O’Malley called for the vote, all ayes, MOTION CARRIED.

 

Amendment to zoning Code § 255-48 - Off-street parking requirements,   to clarify language when a waiver of off-street parking is required – Community Development Director and City Attorney:  city Attorney Catherine Munkittrick stated she was looking for direction from Council concerning whether she should draft an ordinance about the off-street parking requirements.   She stated that under the current code, applying for a waiver is only required for expansion.  Denny Darnold stated the need to clarify the language in the code, such as what constitutes enlargement of a building, what constitutes an intensity of land use, and what would potentially require a waiver from the standard off-street parking requirements.  He noted that if an owner were enlarging a building only to comply with ADA accessibility, he and the Building Inspector would have authority to grant an exception.  Discussion continued regarding the acknowledgement that there were still parking issues downtown that needed to be resolved.  MOTION by Riedel, second by Radermacher, to authorize the City Attorney to prepare an ordinance to amend Chapter 255-48 regarding off-street parking requirements.  MOTION CARRIED.          

 

Request to remove fence and landscape berm north of Hudson Chrysler   dealership – Ban Tara, LLC/The Luther Co., Ltd. Partnership: mr. Darnold noted that the City had originally required a landscaped berm and fence as a buffer between the auto dealership and the Ban Tara residential development.  MOTION by Radermacher, second by Riedel, to approve the request of the Hudson Chrysler Dealership/The Luther Company to remove the fence and landscape berm north of the dealership, contingent on submittal of revised landscape plans to the Plan Commission and Common Council for approval, and upon final approval of the Ban Tara development.  Vote taken: Ayes (5); No - Koch (1), MOTION CARRIED.

 

Application of Diep Ha Inc. for Class B Beer and Class C Wine license d/b/a Happy China Garden Restaurant, 1801 Ward Avenue, Suite 240 in Plaza 94:   Police Chief Trende commented on only two complaints known at the address, one in 2001 and one in 2004.  Building Inspector Mike Wallace noted the four minor violations he found during his inspection.  He stated they are in the process of contacting the property owner about the issues, and barring any other licensing issues, the license could be issued contingent upon a successful re-inspection.  The manager of the Happy China Garden Restaurant stated he was waiting to find out whether the beer and wine license application would be approved or not, and he would share that information with his partner.  MOTION by Radermacher, second by Laatsch, to approve the issuance of a Class B Beer and Class C Wine License to Diep Ha Inc., doing business as Happy China Garden Restaurant, 1801 Ward Avenue, Suite 240 in Plaza 94, contingent on the completion of the repairs needed, as noted by Building Inspector Mike Wallace.  MOTION CARRIED.

 

FUND BALANCE POLICY:  Finance Officer Betty Caruso informed Council of the need to establish a Fund Balance Policy prior to the meeting with Moody’s Investors Service seeking the possibility of a better bond rating for the City.  She called attention to two issues, the first being working capital of approximately 12.5% of the budget, which would cover January 1 to February 15th when the tax collections are received from the County.  She noted that the current reserve is approximately $800,000 and with the new calculation would be about $812,000.  The second issue was unreserved funds to meet contingencies or budget shortfalls.  Ms. Caruso recommended 10% to 15% of the next years operating budget, or $650,000 to $975,000 be maintained as a level of reserves.  MOTION by Radermacher, second by Laatsch, to recommend adoption of the City of Hudson Fund Balance Policy, as submitted, (attached).  MOTION AMENDED by Radermacher, second by Laatsch, to include the unreserved fund balance changed to “10% to 15%” in section II.  MOTION CARRIED.

 

Review bids and award contract for Spring and Fall Leaf Collection            Program:  President O’Malley reported that only one bid was received, and the rates were the same as last year.  He stated the bid from River City Disposal would include the collection of bags of leaves and grass only.  MOTION by Radermacher, second by Koch, to approve the bid of River City Disposal for the Spring and Fall Leaf Collection Program.  It was noted that the bid was $5.00 per cubic yard and $150.00 per 30 cubic/yard box.  MOTION CARRIED.

 

Third Street right-of-way repairs adjacent to property at 101 Third           Street:  Public Works Supt./Engineer Jim Eulberg reported that a retaining wall on Third Street had collapsed causing a safety hazard.  He noted that a section of wall approximately 60 feet long was missing.  The repair estimates were $7,500 to $9,500.  Finance Officer Betty Caruso stated that money could come from the Contingency Fund.  Mr. Eulberg stated that the variation in price was due to the uncertainty of the base and how many footings would need to be replaced.  MOTION by Radermacher, second by Laatsch, to authorize repairs to the Third Street right-of-way up to $10,000, with funding from the Contingency Fund.  Council requested that if the repairs exceed $10,000, the matter should come back before the Council.  All ayes, MOTION CARRIED.

 

Request for barricades at 1119 Fourth Street for a trailer/concession stand to be used at a graduation party on Sunday, May 22, 2005:  o’connell explained that the Public Safety Committee did not have a problem with this request, however it was suggested that a charge be established to offset the labor costs for the City workers.  It was noted that the barricades would be delivered by City workers and picked up after the event, but the homeowner was responsible for setting them up and taking them down.  Discussion continued regarding the possibility of establishing a charge for future situations similar to this party.  MOTION by O’Connell, second by Radermacher, to approve the request for barricades at 1119 Fourth Street to be used at a graduation party on Sunday, May 22, 2005, at no charge.  All ayes, MOTION CARRIED.

 

Request of Dennis Kroll for 720 First Street and Thomas Springer for 717 Second Street to rezone from I-1, Light Industrial District to B-3, Central Business District – Ordinance No. 7-05:  Dennis Darnold stated that this rezoning request was in compliance with the City’s Comprehensive Plan and noted that the Plan Commission recommended approval.  MOTION by Radermacher, second by O’Connell, to conduct a first reading on Ordinance No. 7-05.  All ayes, MOTION CARRIED.

 

Request by Mark Erickson to correct an incorrect transfer of property from Eric Investments to the City of Hudson, 1.652 acres on the south side of Crest View Drive and west of Heggen Street:  dennis Darnold reported that when the property was deeded to the City, the deed included a description of the property by metes and bounds versus referencing the certified survey map.  He noted that Lot 2 was incorrectly transferred to the City.  Mr. Erickson has paid the taxes on the lot and the City recognizes him as the property owner.  MOTION by Laatsch, second by Radermacher, to deed to Mark Erickson Lot 2, Certified Survey Map, Volume 4, Page 1175, City of Hudson, St. Croix County, Wisconsin.  MOTION CARRIED.

 

Request by Glen L. Olson, 631 Front Street, for the City to transfer         sufficient property to correct the encroachment of his residence onto        City property:  Mr. Darnold explained that the rear of the building encroaches onto City property by about seven feet.  He recommended wording the deed so that future owners know that construction cannot take place in that area.  He stated that City Staff viewed the area east of the house and determined that the City would not need to retain possession due to the steepness of the slope.  Mr. Darnold reported that they also determined that the City should retain a right-of-way for access to I-94.  President O’Malley questioned the need for reimbursement for the property value.  Mr. Darnold stated that since it had low market value and there would be personal covenants on the property, this was a minor issue that could probably be addressed by Assessor Mike Wallace.  Attorney Munkittrick stated that she believed it was good policy to require the property owners to pay the City’s expenses for such a transaction, such as a survey, metes and bounds description, other paperwork, and filing charges.  Mr. Wallace commented that he believed it would be wise to require that a survey be done to help solve the problem.  He also recommended checking into the encroachment on the west side of the Olson property.  MOTION by Laatsch, second by O’Malley, to direct City Staff to proceed with a professional survey of the Glen Olson property at 631 Front Street in order to determine the amount of land to be deeded to Mr. Olson.  It was also noted that they would notify Mr. Olson that he would be responsible to pay for the costs associated with this transaction.  All ayes, MOTION CARRIED. 

 

     Review concerns of the alleyway areas lying south of Fillmore Street and north, including the extension of Pitt Street between 11th Street and 12th Street - City Attorney and Community Development Director:  Mr. Darnold noted his concern for the unimproved alley between 11th and 12th Street.  He stated that in more than twenty years, he and Mr. Wallace were not aware of any alley improvements there.  He called attention to recent excavation that was done, and the alleyway is adjacent to a former borrow pit.  Mr. Darnold indicated his concern for liability to the City if someone drove on it in its current condition. Mr. Darnold added that there was a question of whether one would be driving on an alleyway or private property.  He asked the Council for direction on whether to proceed with improvement or vacation of the alleyway.

 

     Riedel commented that he was unable to locate the area in question.  The City Attorney agreed that the area was not visible and had never been opened, but it remains an issue that needs to be resolved.    MOTION by Radermacher, second by Riedel, to refer this matter to the Plan Commission for consideration of vacation of the property.  MOTION CARRIED.

 

     Disallowance of Claim of Jessica Shaffer – Resolution No. 6-05:  MOTION by Riedel, second by Radermacher, to suspend the rules toward adoption of Resolution No. 6-05.  MOTION CARRIED.  MOTION by Riedel, second by O’Malley, to approve the following:

RESOLUTION NO. 6-05

Disallowance of Claim of Jessica Shaffer

(Copy on file in Clerk’s office)

 

     All ayes, MOTION CARRIED.

 

     COMMUNICATIONS AND ITEMS FOR FUTURE AGENDAS:  Radermacher reminded drivers to slow down when traveling on neighborhood streets.  Dennis Darnold reported that work on the Highway 35/Hanley Road Intersection Project began today, April 18th.  He noted that portions of the road would be closed and signage would be added.  O’Malley noted that Governor Doyle would be in Hudson at the Nor-lake factory on Tuesday, April 19th at 11:00 a.m.  He also reported that an Earth Day event would be held in Baldwin on Friday, April 22nd from 9:00 a.m. to 3:00 p.m.  Radermacher requested an update on the timing of the traffic lights on Carmichael Road.  Dennis Postler responded that modifications are already taking place; more information will be available at the next meeting.  Devin Willi noted that the annual Organizational Meeting of the Council would take place Tuesday, April 19th at 7:00 p.m.

 

MOTION by Radermacher, second by O’Connell to adjourn the meeting.  Meeting adjourned at 8:01 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