CITY OF HUDSON COMMON COUNCIL

MEETING MINUTES OF MONDAY, APRIL 20, 2009

Meeting called to order by Mayor Dean Knudson in the Council Chambers of City Hall at 7:00 p.m. Mayor Knudson lead those present in the Pledge of Allegiance.

PRESENT: Mayor Knudson and Alderpersons Randy Morrissette, Pam Brokaw, Lori Bernard, Lee Wyland, Scot O’Malley and Alan Burchill.

OTHERS PRESENT: Devin Willi, Cathy Munkittrick, Betty Caruso, Denny Darnold, Gordon Conard, Yvonne Larson, Jody Bagley, Jim Frye, Chuck Schwartz, Tom Zeuli, Marty Jensen, Jeanette Kunz, Michael Kunz, Randy Hanson, Dick Grekoff, and others.

COMMENTS AND SUGGESTIONS FROM CITIZENS PRESENT: None.

CONSENT AGENDA: Morrissette requested that the Conditional Use Permit for T & T Collision Center be removed from the Consent Agenda. MOTION by Morrissette, second by Bernard to approve the following Consent Agenda items:

MINUTES: Approve the Regular Meeting minutes of 4/1/09.

Claims: Approve the following claims for payment:

FUND	DESCRIPTION	PAYABLES	PAYROLL	TOTALS
100	General	352,432.77	388,310.11	740,742.88
290	Police Donations	248.90	0.00	248.90
450	Capital Projects	5,896.53	0.00	5,896.53
610	Sewer	110,426.49	28,726.30	139,152.79
620	Parking	551.19	3,347.46	3,898.65
630	Ambulance	18,213.73	38,856.19	57,069.92
	TOTALS	487,769.61	459,240.06	947,009.67

Application of Hudson Hockey Association for Temporary Class “B”/”Class B” Retailer’s License to sell beer at their annual Pool Tournament event at 1820 Hanley Road, Hudson, WI, from April 28 to May 4, 2009: Approve the issuance of a Temporary Class “B”/”Class B” Retailer’s License to the Hudson Hockey Association to sell beer at their annual Pool Tournament event at 1820 Hanley Road, Hudson, WI from April 28 to May 4, 2009.

Application of Hudson Softball Association for renewal of annual six-month beer license to sell beer at the Grandview Park Concession Stand, 1100 Carmichael Road, from May 1 to October 31, 2009: Approve the renewal and issuance of a six-month beer license to the Hudson Softball Association to sell beer from May 1 to October 31, 2009 at the Grandview Park Concession Stand, 1100 Carmichael Road.

Approve costs for replacing the spiral slide at Grandview Park playground: Approve replacing the spiral slide at Grandview Park for a cost of $3,285.72, to be funded from the operating budget Capital Outlay.

Applications for Amusement Device Licenses and Permits: Bertha Fenner and Namco Cybertainment Inc: Approve the issuance of Amusement Device Licenses and Permits to Bertha Fenner for the 12 amusement devices at Dibbo’s, 517 Second Street, and to Namco Cybertainment, Inc. for the 6 amusement devices located at 520 Stageline Road (Hudson 12 Theatre).

Amend professional services contract with Short-Elliot-Hendrickson for the City of Hudson Comprehensive Plan update to provide assistance to the Hudson Park Board to update their five-year Outdoor Recreation Plan, at a cost not to exceed $7,500: Approve amending the professional services contract with Short-Elliot-Hendrickson (for the City of Hudson Comprehensive Plan) to provide assistance to the Hudson Park Board to update their five-year Outdoor Recreation Plan, at a cost not to exceed $7,500.

Request for Stipe’s Shows Carnival at Plaza 94 May 7-10, 2009: Approve the request for Stipe’s Shows Carnival to be held at the Plaza 94 outer parking lot from May 7-10, 2009, contingent on receipt of their liability insurance coverage and completion of their Direct Seller sales application.

Consider request for Ragnar Relay Race in Lakefront Park 8/21 to 8/22/09: Approve the request for the Ragnar Relay Race running event in Hudson and Lakefront Park August 21-22, 2009.

Consider application for Justice Assistance Grant for Police Department: Authorize the Police Department to apply for a $14,098 Edward Byrne Memorial Justice Assistance Grant to fund new radio equipment.

REPORTS OF CITY OFFICIALS, BOARDS, COMMISSIONS: Place on file the quarterly reports of the Assessor/Building Inspector, Fire Chief, Police Chief, and Treasurer, and the Public Utility Commission minutes of 4/14/09 and Joint Library Board minutes of 3/9/09.

Roll call vote, Ayes (5); Burchill abstained. MOTION CARRIED.

Conditional Use Permit to allow a part of a building (enclosed drop-off area) to extend into the required setback area at 1621 Coulee Road – Grootwassink Real Estate/Fendler Patterson Construction: Denny Darnold explained the request for a Conditional Use Permit to allow part of a principal structure to extend into the required rear yard setback area for a drop-off area for the proposed Goodwill Store at 1621 Coulee Road. He stated that the Plan Commission recommended approval of the permit and indicated the specific conditions. He also reported that the existing building to be removed extends into the north property line and the air-conditioning units are in the City right-of-way.

MOTION by Morrissette, second by Brokaw, to approve a Conditional Use Permit to allow part of a principal structure to extend into the required rear yard setback area at 1621 Coulee Road, for the purpose of an enclosed drop-off area, with the following conditions:

· The permit is contingent on receiving final development plan

Approval

· The area extending into the required setback area is limited

To 20’ by 30’ as shown on the plans.

· The enclosed drop-off area will be secured during the hours

That the store is not open for retail sales.

All ayes (6), MOTION CARRIED.

Final development plans for Water Treatment Plant #10, 31 Canary Way, south of Stageline Road between STH 35 and Old Highway 35 – Hudson Public Utility Commission: Mr. Darnold stated that the Plan Commission recommended approval of the final plans for Water Treatment Plant #10 with the condition that they be amended per the City Engineer’s recommendations. He shared information regarding access to the site, which currently runs through the Hudson Meadows residential subdivision. He stated that the Water Utility Commission is exploring an alternative access either from Stageline Road or by an easement through the adjacent church property. Discussion was held regarding access options and the amount of traffic expected.

MOTION by Morrissette, second by O’Malley, to approve the final development plans for Water Treatment Plant #10 at 31 Canary Way, as proposed by the Hudson Public Utility Commission, contingent on final development plans to be amended per the City Engineer’s recommendations in his memo of 1/26/09. All ayes (6), MOTION CARRIED.

Review Conditional Use Permit for T & T Collision Center (auto repair and body repair garage) at 1701 Coulee Road – Tom/Tami Datwyler: Denny Darnold stated that the Plan Commission recommended continuation of the Conditional Use Permit for the T & T Collision Center. Morrissette raised concerns regarding obstructed views and traffic visibility at the intersection. Discussion was held regarding parking in the right-of-way and rearranging the parking layout in their lot. Bernard stated there was a visibility problem year-round at that intersection. Mr. Darnold requested approval to allow him to continue to work with the Datwylers to correct any parking concerns, and to allow them to continue operating.

MOTION by Morrissette, second by Bernard, to approve continuation of the Conditional Use Permit for T & T Collision Center at 1701 Coulee Road, with the initial conditions:

· The number of damaged vehicles to be stored outside to be

Limited to a total of three (3), and within the area

Designated on the application.

· No cars should be parked on the private property within 15

Feet of the intersections at Coulee Road/17^th Street, and 17^th

Street/Ward Avenue, to provide improved visibility for traffic

· Review required in three years (April 2012).

And to include that the Datwylers would continue working with Mr. Darnold regarding parking issues.

MOTION was clarified to include that they should work with Mr. Darnold regarding parking issues and right-of-way concerns, and would be allowed to continue with their operations. O’Malley requested the motion be further amended to include referring the matter to the Public Safety Committee after Mr. Darnold and the Datwylers arrive at a plan. Mr. Tom Datwyler stated he would be willing to work with Mr. Darnold on the necessary solutions. Burchill questioned whether this situation was similar to any others and noted the need to be consistent. All ayes (6), MOTION CARRIED.

Set Public Hearing date for 6:55 p.m. on 5/4/09 for application to rezone property at 653, 655, 657 & 661 Ban Tara Lane in Town of Hudson from R-1, One-family Residential District to RM-1, Multiple Family Residential District (Extraterritorial Zoning): mr. Darnold stated his recommendation to schedule the public hearing date. MOTION by Burchill, second by Wyland to schedule a public hearing for 6:55 p.m. on May 4, 2009 regarding an application to rezone property at 653, 655, 657 and 661 Ban Tara Lane in the Town of Hudson. The question of annexation was raised. Mr. Darnold provided information regarding zoning and annexations. All ayes (6), MOTION CARRIED.

APPLICATIONS FOR OPERATOR’S LICENSES: Morrissette recused himself. MOTION by Wyland, second by Bernard to approve the issuance of regular Operator’s Licenses for the period 4/21/09 to 6/30/10 to:

Bret M. Banger 1501 Heggen St., Apt. 202 Hudson, WI

Nicole C. Domke 1719 Hunter Hill Road Hudson, WI

Brian S. Eckholm 614 Laurel Avenue Hudson, WI

Trisha J. Kramer 25845 Jason Lane Chisago City, MN

Carl S. Larson 77 Coulee Rd. Apt. 128 Hudson, WI

Ashley M. Long 1800 Aspen Dr. #108 Hudson, WI

Nicholas S. Mueller 1801 Shasta Drive Hudson, WI

Heidi M. Speikers 1402 Greeley St. S. Stillwater, MN

And Regular Operator’s Licenses for the period 4/21/09 to 6/30/11 to:

Chantelle M. Byram 702 Grove Street River Falls, WI

Cyril Davies 3954 Homestead Drive Woodbury, MN

Jana L. Gaffer 342 County Road F Hudson, WI

Tyrrell J. Gaffer 1027 Seventh Street Hudson, WI

Rebecca M. Siebold 204 St. Croix St. N. Hudson, WI

Brett M. Simpson 1413 144^th Street New Richmond, WI

Kimberly C. Zinck 821½ First Street Hudson, WI

And a Temporary License to be used 4/29 to 5/3/09 at the Hudson Hockey Pool Tournament event to:

Paula J. Bates 707 Waldroff Farm Road Hudson, WI

Ronald J. Bates 707 Waldroff Farm Road Hudson, WI

Helen L. Iacobello 515 4^th Street North Hudson, WI

Ayes (5), MOTION CARRIED.

Consider taxi service license application of Limo One LLC and schedule a public hearing date: Mayor Knudson shared information about the application from Limo One LLC and noted that the Finance Committee recommended scheduling a public hearing on May 4, 2009. MOTION by O’Malley, second by Wylane, to schedule a public hearing for 6:50 p.m. on Monday, May 4, 2009 regarding the application of Limo One LLC for a taxicab service license. All ayes (6), MOTION CARRIED.

Request for funding 2001 Freightliner Truck repairs: mayor Knudson reported that the repairs had already been made and a budget adjustment was needed. The Finance Committee and staff recommended funding from the Contingency Fund balance. MOTION by O’Malley, second by Burchill, to approve a $28,000 adjustment to the Public Works repairs budget, to be funded by the Contingency Fund balance. All ayes (6), MOTION CARRIED.

Proposed 2009 Capital Expenditures: mayor Knudson stated that the Finance and Public Works Committees reviewed the 2009 Capital Projects Budget recommendations. He noted that the list could still be fine-tuned, and gave an explanation of some of the projects. O’Malley offered to give a presentation at the next Council meeting.

MOTION by Burchill, second by O’Malley, to approve the 2009 Capital Projects as recommended by the Finance Committee. All ayes (6), MOTION CARRIED.

Application of Stonewood Furniture Inc. for Class C Wine License d/b/a

Dolce at 106 Buckeye Street, Hudson, WI: MOTION by Bernard, second by Wyland to approve the issuance of a Class C Wine License to Stonewood Furniture, Inc., doing business as Dolce at 106 Buckeye Street, contingent on successful completion of the fire and building inspections. It was noted that the establishment was required to be primarily a restaurant in order to qualify for this type of license. Discussion was held regarding parking. It was also noted that if any expansion occurs, such changes would require approval, per the City Attorney. All ayes (6), MOTION CARRIED.

Review costs and approve 3-year contract for supplemental insurance for Fire Department volunteers and employees: mayor Knudson stated that the Finance Committee and Fire Chief Frye recommended approval of the insurance quote from Provident. He stated that they provided better coverage and that the Finance Committee recommended the prepaid premium of $14,227 for three years of coverage, with one-third included in the budget each year. MOTION by O’Malley, second by Bernard, to accept the quote from Burkart-Heisdorf Insurance Inc. for a Provident three-year Accidental Death and Dismemberment and Supplemental Insurance policy for firefighters, at a prepaid cost of $14,227. All ayes (6), MOTION CARRIED.

Approve the 2009 budget for Public Works & Parks seasonal employees: mayor Knudson stated that staff and the Finance Committee recommended approval. He provided a brief overview and noted the 2008 hours and costs, anticipated hours and costs for 2009, and the estimated savings. He explained that some hours of various seasonal positions would be reduced, and since much of the lawn mowing was contracted out, the seasonal workers could be used to complete many miscellaneous Parks and Public Works projects that have not been completed in the past. Information was shared regarding a Workforce Wisconsin grant and that an application had been submitted for six employees to work on green projects.

MOTION by Burchill, second by O’Malley, to approve the 2009 operating budget for Public Works and Parks seasonal employees, as presented. All ayes (6), MOTION CARRIED.

A brief recess was taken at 7:47 p.m. The meeting reconvened at 7:50 p.m.

Mayor Knudson requested that consideration of the Sex Offender Residency ordinance be taken out of order on the agenda. No objections were heard.

Update on Projects: Bonestroo Engineer Chuck Schwartz presented an update on projects. He stated that a pre-construction meeting would be held on April 29^th for the Carmichael Road Project. Mayor Knudson commented on the success of the Lakefront Park Retaining Wall Project, noting that during high water it did not go over the highest wall. Mr. Schwartz also expressed that he was pleased with the results.

Consider amending Municipal Code, Ch. 187-19, Sex Offender Residency – Ordinance No. 6-09: Wyland introduced the topic and expressed his thanks for the committee’s cooperation, discussion and work involved in creating the proposed ordinance. Jody Bagley from the Department of Corrections shared information and a PowerPoint presentation regarding the opinions and position of the Department concerning the adoption of residency restrictions by municipalities. She stated that the Department of Corrections was not in favor of the restrictions, and pointed out experiences from municipalities with restrictions in place and noted that victims are not normally accessed by geography; 95% of the time the offender is known by the victim. She emphasized the need to educate children on the matter and stressed prevention.

Lengthy discussion was held regarding the need for an ordinance, the possibility of driving the registered sexual offenders underground, the concept of a residency restriction for convicted sexual offenders and implementation of a control zone. It was noted that a two-block separation was currently only a guideline; the proposed ordinance would make residency within 250 feet of specific sites a violation. Locations where children normally gather such as schools, parks, sports facilities, libraries, etc. were noted as places where loitering would be prohibited.

Denny Darnold presented a map showing locations in the City that would be affected if the ordinance was adopted. Attorney Munkittrick presented her legal opinion in a memorandum dated 4/17/09. Additional discussion was held regarding distances. Suggestions on wording changes in the ordinance were offered. It was also discussed whether the ordinance would be enforceable or defensible in court, as well as exemptions, an appeals process, and definitions of some terms such as youth center or athletic facility. Mayor Knudson requested that the City Attorney redraft the ordinance, taking into consideration the foregoing suggestions and recommendations, and present it at the May 4^th Council meeting.

communications and recommendations of the mayor - Proclamation re: Volunteer Week, April 19-25, 2009: Mayor Knudson read the proclamation regarding Volunteer Week, April 19-25, 2009.

communications and items for future agendas: O’Malley announced the 2009 Spring Leaf Collection and Woodchip Distribution Program dates of April 25th to May 9th. He noted that postcards with complete information were mailed to City residents, and if any residents in District 5 needed assistance, they could call him.

MOTION by O’Malley, second by Wyland to adjourn. All ayes (6), MOTION CARRIED at 9:32 p.m.

Nancy J. Korson, 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.

Dean Knudson, Mayor