CITY OF HUDSON COMMON COUNCIL

MEETING MINUTES OF MONDAY, MAY 1, 2006, 7:00 P.M.

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 Randy Morrissette, Paul Radermacher, Lee Wyland, and Scot O’Malley.

ABSENT: Alderpersons Dennis O’Connell and Carah Koch.

OTHERS PRESENT: Devin Willi, Catherine Munkittrick, Denny Darnold, Linda Donaldson, Brian Zeller, Gordon Conard, Randy Hanson, Jim Eulberg, Angela Popenhagen, Dick Trende, LaVonne McCombie, Kim Heinemann, Darrell Smock, Jeff Schwarz, Larry Davis, Karen Olson, and others.

COMMENTS AND SUGGESTIONS FROM CITIZENS PRESENT: Kim Heinemann, President of the Hudson Area Chamber of Commerce and Tourism Bureau, gave a quick update on coming events. She noted that on May 5 from 8:00 a.m. to 4:00 p.m. a presentation called “Maximum Impact – 360 degrees, the Measurement of a Leader” would be simulcast at the Faith Community Church. Ms. Heinemann reported that 19 teams would be in Hudson May 12^th and 13^th for a national Walleye Tournament on the St. Croix River. She also reported that 15 individuals would be graduating on May 23^rd from the Chamber’s Leadership Hudson program. She explained that it was the first class for the initial program and they were all very proud of their accomplishments. She stated that details would be announced soon regarding the Chamber’s June 26^th golf tournament.

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

MINUTES: Approve the Regular Meeting minutes of 4/17/06 and the Organizational Minutes of 4/18/06.

Claims: Approve the following claims for payment:

Fund	Description	PAYABLES	PAYROLL	Totals
100	General	147,714.23	134,099.51	281,813.74
230	Wisc DVL/RVL	654.75	0.00	654.75
231	SCBP-RVL Loan	54.00	0.00	54.00
410	Tax Increment Financing	288.28	0.00	288.28
450	Capital Projects	120,295.00	0.00	120,295.00
610	Sewer	3,770.03	10,252.56	14,022.59
620	Parking Utility	2,316.90	859.06	3,175.96
630	Ambulance	5,092.43	17,620.33	22,712.76
880	investments	500,000.00	0.00	500,000.00
	Total	$780,185.62	$162,831.46	$943,017.08

Applications for Operator’s Licenses: approve the issuance of Regular Operator’s License for the period May 2 to June 30, 2007 to:

Kamila Ruth Behnke 429 Third Street Hudson, WI

Deborah Sales Maysack 1308 Grandview Dr Hudson, WI

Sean Michael Maysack 2344 Oakridge Cir. Hudson, WI

And the issuance of Temporary Operator’s Licenses for the period July 14 to July 16, 2006 at the St. Croix Music & Art Festival to:

Kimber Lee Heinemann 558 Perch Lake Rd Hudson, WI

Patricia Jill Sherley 1310 Eighth Street Hudson, WI

REPORTS OF CITY OFFICIALS, BOARDS AND COMMISSIONS: Place on file the Quarterly Reports of the Parks Department, Fire Department, City Clerk and Library Director, and the Community Access Board minutes of 4/25/06.

Roll call vote, all ayes (4) – MOTION CARRIED.

Request for rezoning former hospital site, 400 Wisconsin Street, and adjacent parking lots from R-1, One-Family Residential District to RM-1, Multiple Family Residential District, part of outlots 184, 222, 223 and 224 (propose 68 dwelling units for elderly) – Comforts of Home/Hudson COH, LLC – Ordinance No. 8-06: community Development Director Dennis Darnold announced that the Plan Commission did not forward a recommendation concerning the proposed rezoning of the former hospital site and Ordinance No. 8-06. He stated that they wished to allow Comforts of Home time to schedule another meeting with the residents in the neighborhood prior to the May 25^th Plan Commission meeting. Mr. Darnold noted that the Plan Commission should have a recommendation for the Council at the first meeting in June, therefore, he suggested that no Council action be taken at this time.

Mayor Breault presented the possible options of postponing a decision, or having a first reading on the ordinance. O’Malley stated that another option would be to suspend the rules and vote on the ordinance. MOTION by O’Malley, to conduct a first reading on Ordinance 8-06. MOTION FAILED for lack of a second. Discussion on voting on the ordinance was held. Attorney Munkittrick recommended not voting without a recommendation from the Plan Commission. MOTION by O’Malley, second by Radermacher, to suspend the rules toward adoption of Ordinance No. 8-06. In discussion, it was noted that all Council members present would need to vote the same in order to pass by a two-thirds majority. All ayes (4), MOTION CARRIED. MOTION by O’Malley, second by Radermacher, to deny the request of Comforts of Home/Hudson COH, LLC to rezone the former hospital site at 400 Wisconsin Street, Ordinance No. 8-06. Dennis Darnold clarified that the Council has only looked at rezoning the parcel one time. It was also noted that the neighborhood was not in favor of rezoning the property. Ayes (4), MOTION CARRIED.

Discontinuance of the unimproved alleyways between 11^th and 12^th Streets and south of Fillmore Street – Plan Commission, Resolution No. 5-06: denny Darnold stated that the Plan Commission recommended adoption of Resolution 5-06, which would begin the process for discontinuance of the alleyways. He noted that in her memo of 4/26/06, Attorney Munkittrick suggested the resolution and Lis Pendens documents be changed to state that the alleyways are unpaved. He explained that a Notice for Discontinuance would be published in the newspaper three times, a Class III notice, followed by a public hearing. Council could then take action at the June 5^th meeting, if they wish. MOTION by Radermacher, second by O’Malley, to conduct a first reading on Resolution No. 5-06. Denny Darnold stated that it should also include the unpaved alleyway language in the three documents.

Karen Olson, 906 Eleventh Street, stated that her family and many neighbors have used the alleyway for more than 40 years. She noted that it has been used for access for deliveries, maintenance, and storage. She also stated that five or six years ago they were discouraged from using the access. Ms. Olson stated that there is no accessibility from the front yard to the back yard without the alleyway, and they wish to continue using it.

Wyland spoke on behalf of Gerald Warnken, 915 Twelfth Street, noting that his back yard was not accessible from the front yard and he wanted the ability to add on to his home. That would not be possible without having access for the equipment. He also stated that the Olsons and Warnkens have used the alleyway for access to their back yards consistently for decades. Wyland pointed out an additional concern of the Olsons that involved the request for permission to access the alleyway from another property owner.

Dennis Darnold expressed the concern for safety and liability in the alleyway. He noted that it needed improvements, and those costs could be assessed to the abutting property owners, as another option. Discussion continued regarding the safety issues and other possible solutions. Vote taken, all ayes (4), MOTION CARRIED.

Application of Hudson Chamber of Commerce for Special Event Permit for 13^th Annual St. Croix Music & Art Festival in Lakefront Park, July 14-16, 2006: Denny Darnold stated that the Plan Commission recommended approval of the Special Event Permit, with the recommendation that adequate signage be provided regarding off-street parking for persons with disabilities. He stated that other committees needed to review the application and provide their own recommendations. MOTION by Radermacher, second by O’Malley, to approve the application of the Hudson Chamber of Commerce for a Special Event Permit for the St. Croix Music and Art Festival, July 14-16, 2006. In discussion, O’Malley thanked the Chamber for providing a thorough application with copies of vendor contracts attached. All ayes, (4) MOTION CARRIED.

Amendment to Municipal Code creating Ch. 202-5, C,8 – Master Sign Plan – Ordinance No. 9-06: denny Darnold explained that the proposed amendment to the sign ordinance would allow commercial developments to apply to the Plan Commission and Common Council for approval to consolidate signage onto one or two freestanding signs. He noted that the intent was to reduce the number of large freestanding signs in commercial developments with multiple lots and/or buildings. MOTION by O’Malley, second by Radermacher, to suspend the rules toward adoption of Ordinance No. 9-06. All ayes, MOTION CARRIED. MOTION by O’Malley, second by Morrissette, to adopt the following:

ORDINANCE NO. 9-06

AMENDING MUNICIPAL CODE, CHAPTER 202-5,C(8), MASTER SIGN PLAN

(Copy on file in Clerk’s office)

Denny Darnold again stated that the intent was to reduce the number of large signs and restrict “lollipop” type signs. All ayes, (4) MOTION CARRIED.

Request for Master Sign Plan approval – Ban Tara Commercial Development – Ban Tara, LLC: Mr. Darnold reported that the Ban Tara Commercial Development was requesting approval of their master sign plan that included two large freestanding signs on Carmichael Road, plus one smaller freestanding sign per lot, wall signage, and other deed restrictions for signage on individual lots.

Mayor Breault thanked the developer for bringing this sign approach to the Council. MOTION by O’Malley, second by Morrissette, to approve the master sign plan for the Ban Tara commercial development, as submitted, and following publication of Ordinance No. 9-06, the Master Sign Plan. In discussion, it was noted that signage requests still needed review by staff and Plan Commission approval. Vote taken: Ayes (3); Radermacher abstained. MOTION FAILED due to lack of quorum.

MOTION by O’Malley, second by Morrissette, to postpone action on the request for approval of the master sign plan for Ban Tara commercial development, until a Council quorum is present. All ayes, MOTION CARRIED.

Application of Hudson Area Chamber of Commerce for Temporary Class “B”/”Class B” Retailer’s License to sell beer and wine July 14-16, 2006 in Lakefront Park at the St. Croix Music & Art Festival: motion by O’Malley, second by Wyland, to approve the issuance of a Temporary Class “B”/”Class B” Retailer’s License to the Hudson Area Chamber of Commerce and Tourism Bureau to sell beer and wine July 14-16, 2006 at the Music & Art Festival in Lakefront Park. In discussion, it was confirmed that the event was sponsored by a non-profit organization. All ayes (4), MOTION CARRIED.

Review bids and consider awarding contract for Wastewater Treatment Plant Tank Painting Project: mayor Breault announced that the Finance Committee had reviewed the bids for the tank painting project. MOTION by O’Malley, second by Radermacher, to award the contract for the Wastewater Treatment Plant Tank Painting Project to Swanson & Youngdale in the amount of $10,875.00. All ayes (4), MOTION CARRIED.

Approval of revised Employee Handbook: Administrator Devin Willi reviewed the proposed revised Employee Handbook. He stated that the spelling errors would be corrected and asked for additional comments. He also explained how the checklist for new employees would work. The definition of sexual harassment (Page 12) would be reworded by Attorney Munkittrick, and the wording referring to elected officials (Page 26) was removed, as it should not be part of the Employee Handbook. Vehicle operation and cell phone use was discussed. It was noted that the current styles of cell phones are not equipped for hands-free use. MOTION by O’Malley, second by Radermacher, to approve the revised Employee Handbook. All ayes (4), MOTION CARRIED.

Consider establishing meeting date for first Council meeting in July: MOTION by O’Malley, second by Wyland, to schedule the first Council meeting in July on Wednesday, July 5, 2006. All ayes (4), MOTION CARRIED.

Easement Agreement for constructing a fence at 6 Meadowlark Drive: Discussion was held regarding the request of Dori and David Betts to construct a fence over a utility easement area. The staff recommendation was to allow the fence upon signing of an Easement Agreement. MOTION by O’Malley, second by Radermacher, to approve the request of Dori & David Betts to construct a fence at 6 Meadowlark Drive within the drainage and utility easement area. MOTION AMENDED by O’Malley, second by Radermacher, to include the wording “contingent upon execution of the Easement Agreement prepared by the City Attorney.” All ayes (4), MOTION CARRIED.

Request of Barry Stipe for Carnival to be held May 11-14, 2006 in the Plaza 94 parking lot (owned by Kraus-Anderson): motion by Radermacher, second by O’Malley, to approve the request of Barry Stipe to hold a carnival in the outer parking lot at Plaza 94 from May 11-14, 2006. Discussion included that the carnival would use the same setup as in the past, and a Certificate of Liability Insurance would be provided. All ayes (4), MOTION CARRIED.

COMMUNICATIONS AND ITEMS FOR FUTURE AGENDAS: Morrissette requested Council members to review the information he provided concerning sexual offenders and sexual predators. He also requested review and recommendations by Attorney Munkittrick and will take the issue to the Public Safety Committee.

O’Malley thanked Finance Officer Betty Caruso for her summary of the Finance Report. Mr. Willi commended Ms. Caruso for her investment skills, as well. He also noted that there is a record-keeping system in place for monitoring investments. He also stated it was critical for Departments to watch their budgets.

O’Malley reminded that the last day for leaf collection would be Saturday, May 6, 2006. He announced that District 5 residents could call him if they needed help to deposit their bags of leaves.

Mayor Breault reported that due to erosion, the street at 6^th and Walnut has developed a problem. Jim Eulberg and Engineer Angela Popenhagen are exploring possible solutions.

Attorney Munkittrick explained there was recent legislation that could change ordinances, and she would keep the Municipal Judge informed.

Administrator Willi reported that the Taxpayer Act was watered down and the State Senate still had to take action. He noted that the only impact was to State Government regarding revenue limits. He also noted that the Procurement Policy was removed from the Employee Handbook and would be handled as a separate policy. He stated he would work with the City Attorney and Finance Officer to compile the information.

Administrator Willi also acknowledged this was the last Council meeting attended by Police Chief Dick Trende before his retirement. He, Mayor Breault, and Council members thanked Chief Trende, wished him well, and hoped he could continue to serve the City as a consultant. Chief Trende thanked everyone for the opportunity to serve the City. He stated Hudson was a good community and he tried to operate the Department to the best of his ability and within the budget every year. He also noted that Hudson would remain his home.

MOTION by Radermacher, second by O’Malley, to adjourn the meeting. All ayes (4). MOTION CARRIED. Meeting adjourned at 7:46 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