CITY OF HUDSON COMMON COUNCIL MEETING

MINUTES OF MONDAY, MAY 3, 2004 – 7:00 P.M.

Meeting called to order by Mayor Jack Breault in the Council Chambers of City Hall at 7:00 p.m.

Clerk Pat Dotseth administered the Oath of Officer to Dennis B. O’Connell, Alderperson for District 2.

PRESENT: Mayor Breault, Alderpersons Mike Laatsch, Dennis O’Connell, Paul Radermacher, Roger Riedel, Scot O’Malley, and Carah Koch.

OTHERS PRESENT: Catherine Munkittrick, Devin Willi, Dick Trende, Betty Caruso, Linda Donaldson, Tom Redner, Hugh Gwin, Randy Hanson, Susan Schleif Gherty, Mike Wallace, Dennis Postler, Dennis Darnold, Jeff Schwarz, David Bordeau, Matt Frisbie, Rodney Barr, Brad Diller, and others.

COMMENTS AND SUGGESTIONS FROM CITIZENS PRESENT: Tom Redner, 714 Wisconsin Street, addressed the consideration of Ordinance No. 5-04 which would permit planned residential development zoning districts of less than ten acres. He outlined the reasons why he believed the ordinance should not be adopted. He reviewed the actions of previous Councils, pointing out the basis for establishing the 10-acre minimum size. Mr. Redner contended that there would be little space left for development possibilities. He also noted that this could set up a situation where developers would wish to negotiate development of parcels and could possibly give rise to lawsuits. Mr. Redner pointed out that this could place the City’s future decisions in the hands of bureaucracy, and added that while the present staff is very capable, it is not known how the future would impact this decision. He also contended that he believed this ordinance would only benefit certain parcels and that it flies in the face of good management. In addition, Mr. Redner noted that the residents in the neighborhood of the former hospital parcel hoped that the zoning would remain as Single Family, and he requested the Council to listen to the citizens in that neighborhood.

Jeff Schwarz, 308 Sixth Street, stated that he agreed with Mr. Redner’s comments. He requested the Council to delay action on the ordinance until the new Council members could become better acquainted with the information. He stated that he believed there were only three properties currently that could be effected, and this change was not needed for those few properties.

City Attorney Catherine Munkittrick explained the use of a Consent Agenda. She stated that it helps with moving routine business items along smoothly and efficiently. She noted that issues that appear to not need further discussion are placed on the Consent Agenda. Any Council member can request to have an item removed, if it is believed that additional discussion or further investigation is needed for a Consent Agenda item.

In relation to the suspension of rules and adoption of ordinances and resolutions, Attorney Munkittrick stated that some of the actions taken are basically routine and don’t need additional discussion or investigation. She noted that it takes a two-thirds vote of the Council to suspend the rules in order to move forward with adoption. She stated that suspending the rules is essentially a tool for Councils to use in expediting matters, and reported that it is authorized by State Statutes and the Hudson Municipal Code. She noted that the City also utilizes Robert’s Rules of Order.

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

MINUTES: Approve the Public Hearing and Regular Meeting minutes of 4/7/04 and the Organizational Meeting Minutes of 4/20/04.

Conditional Use Permit for seasonal sales area at 1400 Gateway Boulevard, northeast corner of Menard’s parking lot – Hermes Floral Company, Inc.: Approve a Conditional Use Permit for a seasonal garden center for Hermes Floral Company at the Menard’s parking lot at 1400 Gateway Boulevard, with the following conditions:

a. The greenhouse (hoop house) be relocated 15 feet to the south, or moved to the east side of the proposed seasonal sales area.

b. Application will be reviewed in three years (2007).

c. The permit is restricted each year for the period

of April 1 to July 15.

Final Development Plans for Hudson Professional Building, 28,418 sq. ft. office facility, Hudson Crossing commercial development, southeast corner of Carmichael Road and Hanley Road – MSP Commercial: Approve the Final Development Plans for the Hudson Crossing 28,418 square foot office building at the southeast quadrant of Hanley Road and Carmichael Road, as proposed by MSP Commercial, with the condition that, prior to issuance of a building permit, the plans be revised to address the concerns expressed by the City Engineer and the Fire Department.

Final Plat for 37 one-family lots, Sunset View Development, part of Section 8, Town of Troy (Extraterritorial Subdivision Review) – B & L Development: Approve the Final Plat of Sunset View Development as proposed by B & L Development, and located in part of Section 8 in the Town of Troy (Extraterritorial Subdivision Review).

Certified Survey Map for three industrial Lots, Lot 12 in St. Croix Business Park – Nancy Lawton-Shirley: Approve the Certified Survey Map creating three industrial lots as proposed for subdividing Lot 12 in St. Croix Business Park.

Claims: Approve the following claims for payment:

Fund	Description	ACCOUNTS PAYABLE	PAYROLL		Totals
100	General	82,490.56	119,235.55	201,726.11
225	Impact Collection	0.00	0.00	0.00
230	Wisc DVL/RVL	3,956.00	0.00	3,956.00
270	Police Drug Forfeiture	0.00	0.00	0.00
280	Park Donations	0.00	0.00	0.00
290	Police Donations	0.00	0.00	0.00
320	1999 “B” Bonds	350.00	0.00	350.00
330	2001 "B" Bonds	0.00	0.00	0.00
350	Special Assessments	0.00	0.00	0.00
410	Tax Increment Financing	0.00	0.00	0.00
450	Capital Projects	0.00	0.00	0.00
490	Biosolids	0.00	0.00	0.00
610	Sewer	3,880.83	9,473.51	13,354.34
620	Parking Utility	509.97	931.93	1,441.90
630	Ambulance	5,043.30	9,870.94	14,914.24
860	Tax Agency	0.00	0.00	0.00
870	SCBP	0.38	0.00	0.38
880	Investment	0.00	0.00	0.00
	TOTALS	$96,231.04	139,511.93	235,742.97

Applications for Operator’s Licenses: Approve the issuance of a Regular Operator’s License for the period 5/4/04 through 6/30/05 to: James Richard Flanscha, 1012 Wisconsin Street, Hudson, WI.

Applications for Amusement Device Operator’s Licenses: Approve the issuance of Amusement Device Operator’s Licenses to the following:

Namco Cybertainment, Inc., 877 Supreme Drive, Bensenville, IL

Theisen Vending Co. II, 3800 Nicollet Ave. S., Minneapolis, MN

St. Croix E.M.S. write-offs: Approve the St. Croix E.M.S. write-offs in the amount of $5,609.22, as recommended by LifeQuest, following Phase III of their collection procedures.

Appointment of additional Election Inspector: Approve the appointment of Katherine Gilbertson, 1402 Third Street, as a City of Hudson Election Inspector through December of 2004.

REPORTS OF CITY OFFICIALS, BOARDS AND COMMISSIONS: To place on file the Quarterly Reports of the Parks Superintendent, Fire Chief and Building Inspector, and the Public Utility Commission minutes of 4/13/04 and St. Croix E.M.S. Commission minutes of 4/12/04.

Roll call vote, all ayes, MOTION CARRIED.

Petition for annexation of 12.3 acres in the Town of Hudson – DaMe Properties, Inc., Daniel Bauer/James Meffert (Refer to the Plan Commission): Community Development Director Dennis Darnold reported that it was the intent of the owners to sub-divide the property. He requested the Council to refer the matter to the Plan Commission for further consideration. MOTION by Koch, second by O’Malley, to refer to the Plan Commission the petition for annexation by DaMe Properties, Inc. for a 12.3 acre parcel in the Town of Hudson. All ayes, MOTION CARRIED.

Amending zoning ordinances to permit planned residential development zoning districts to be less than ten acres – Plan Commission, Ordinance No. 5-04: In answer to a comment regarding Ordinance 5-04 that lowering the acreage appears to contradict the Planned Residential Development concept, Dennis Darnold noted that it would allow discussion on environmental or specific uses that were not normally possible. He contended that codes do change, and while it may have worked years ago, he believed that the new PRD under Ordinance 5-04 would give the City more flexibility. He stated that the custodians would be the Community Development Director as well as the Plan Commission members and the City. Mr. Darnold noted that a Conditional Use Permit and other factors would normally be considered.

Tom Redner suggested that the Council consider establishing a minimum acreage, or a specific number of acres within the ordinance, if they choose to adopt Ordinance 5-04. Other discussion was held regarding the timing of the matter, that is, any Council action in this regard could be construed to affect the former hospital property. MOTION by O’Malley, second by O’Connell, to deny adoption of Ordinance 5-04. Koch suggested that the Council consider this matter during review of the City’s Comprehensive Plan. All ayes, MOTION CARRIED.

Conditional Use Permit for 41-unit senior assisted living residence west of Heggen Street and Hosford Street intersection – Comforts of Home Assisted Living: dennis Darnold provided a brief explanation of the project. Matt Frisbie of Frisbie Architects, added additional details and information on the proposed site area located on Heggen Street across from Hosford Street. In discussion, matters were brought forth regarding environmental impact issues that have not been addressed, as well as calculations on storm sewer, elevation interfacing with the stormwater pond, water main and fire hydrant locations, and other items as noted in the 4/8/04 letter from BRA Engineer Dennis Postler.

MOTION by O’Malley, second by Laatsch, to delay action on the Conditional Use Permit for the Comforts of Home assisted living residence until the issues regarding grading/storm sewer, sanitary sewer, water main, and other miscellaneous items are addressed. Dennis Darnold pointed out that a condition for approval of a Final Development Plan would include resolution of the issues noted, and would be addressed even though a Conditional Use Permit would be granted. Matt Frisbie stated that the items identified by BRA were known to the developer and would be met when they return with a more detailed plan. Mr. Rodney Bahr of Bahr Construction, stated that he needed a positive note in order to proceed with the project. Ayes, 6 to 0, MOTION CARRIED.

Conditional Use Permit to have outside storage at 1500 Crest View Drive – Valley Pools & Spas of Hudson: Dennis Darnold explained that a chain-link fence would be erected around the display, and only pools and spas would be displayed. MOTION by Koch, second by Laatsch, to approve a Conditional Use Permit to allow an outside storage area for Valley Pools and Spas of Hudson, 1500 Crest View Drive, contingent on the following:

1. Only the display of pools and spas is permitted.

2. A five-foot high fence that can be secured would enclose

the display area.

3. Review the permit one year after approval.

MOTION CARRIED.

Final Development Plans for 20,565 square foot office facility, Hudson Crossing, southeast quadrant of Carmichael Road/Hanley Road – WESTconsin Credit Union: dennis Darnold explained that access to the facility would be from Maxwell Avenue, the internal street in the Hudson Crossings commercial development. He noted that Engineer Dennis Postler had reviewed the plans. MOTION by O’Malley, second by Laatsch, to approve the Final Development Plans of WESTconsin Credit Union for a 20,565 square foot office facility in the Hudson Crossing development, as amended per the City Engineer and Water Utility Director’s recommendations, and to include that a striping plan be submitted to direct traffic in the northeast part of the parking lot. MOTION CARRIED.

New Municipal Bond schedule for violations of Municipal Code, Chapters 225-11 through 225-14: Municipal Judge Susan Gherty explained the changes in the bond schedule. MOTION by O’Malley, second by Radermacher, to approve the new municipal bond schedule for violations of Municipal Code Ch. 225-11 through 225-14, as submitted (and attached to these minutes). MOTION CARRIED.

Consider position description for Records/Account Clerk II, Accounts Payable Clerk/Accounting Assistant position: Administrator Willi pointed out additional information regarding the job classification and the need to be more specific in job descriptions within their classifications, not only for this position, but for others that will need review in the future. He noted that the new job description specifically addressed the duties assigned to the position. MOTION by Radermacher, second by O’Malley, to approve the job description for the Records/Account Clerk II, Accounts Payable Clerk/Accounting Assistant position dated April 17, 2004. All ayes, MOTION CARRIED.

Job description for Temporary/Casual Call Patrol Officer for Police Dept: Police Chief Dick Trende reported that initially the Police Department would like to hire five casual call officers who would work during special events such as Booster Days and the St. Croix Music and Art Festival, and would be of great assistance to the Department’s schedule. MOTION by O’Connell, second by Laatsch, to approve the job description for the Temporary/Casual Call Patrol Officer, as submitted. All ayes, MOTION CARRIED.

Request of J.T.B. Properties, LLP for the City to pay for part of the SITE, STREET and utility improvements that would benefit the City land located south of the Hudson Crossings commercial project (located west of Carmichael Road and south of Heggen Street): Attorney Hugh Gwin, representing J.T.B. Properties LLC, provided background information on the project and the events leading up to their present request. Detailed information was reviewed regarding a pond located on City property and a triangular piece of land that provides ingress/egress to land adjacent to the parcel to be developed by J.T.B. Properties.

In discussion of the request to share costs, it was noted that the Finance Committee had recommended to not honor the request. It was pointed out that the request failed two basic tests, 1) the value to the City was negligible, since allowing the storm pond on City property made the project possible at no cost to the developer, and 2) philosophically, this would place the City in the role of developer.

Brad Diller of J.T.B. Properties stated that he believed the City did act as a developer when the original decision was made, and he argued that the value of the property has increased due to the road and the pond. He reminded that a contract with HAH Enterprises was provided so that access could be made available for the remainder of the land.

MOTION by O’Malley, second by Riedel, to deny the request of Attorney Hugh H. Gwin for the City to allow a credit of $57,700 in Impact Fees for the site development, utility and street improvement costs for property owned by J.T.B. Properties, LLP, and to deny any payment. All ayes, MOTION CARRIED.

Request for Stipe’s Carnival to be held at Plaza 94: motion by O’Connell, second by O’Malley, to approve the Stipe’s Shows carnival event to be held May 20-23, 2004 at the Plaza 94 parking lot, contingent on receipt of a letter of final approval from the owners, Kraus Anderson. MOTION CARRIED.

2004 Contract for Tree and Stump Removal: public Works Committee Chairman O’Malley stated that the committee had recommended accepting the bid from St. Croix Tree Service for the 2004 Tree and Stump Removal Program. MOTION by O’Malley, second by Laatsch, to approve the bid submitted by St. Croix Tree Service for the 2004 Tree and Stump Remove Program, as follows:

$165.00 for tree removal $ 45 for stump removal

$110.00 per hour for trimming $110 per hour for bucket truck

$440.00 for ½ day bucket truck $880 full day for bucket truck

It was noted that bucket truck usage would only occur if the City’s truck was inoperable and a bucket was needed. MOTION CARRIED.

consider replacement of skid steer equipment: Mayor Breault reported that Dan Roeglin had requested additional time to obtain additional quotes for replacement of the New Holland Skid Steer, that is in need of major repairs. No action was taken; this item will be placed on the agenda when more quotes are available.

Consider amendment to Municipal Code, Ch. 73-6 re: limitations to access records, ordinance No. 6-04: MOTION by O’Malley, second by O’Connell, to suspend the rules toward adoption of Ordinance No. 6-04. Discussion was held regarding the intent of the ordinance, and whether or not suspension of the rules was apppriate at this time. Attorney Munkittrick explained that this ordinance would provide the necessary link to the public records retention chapter regarding confidential information obtained by the Assessor. Ayes 5; Koch voted No, MOTION CARRIED. MOTION by O’Malley, second by Radermacher, to adopt the following:

ORDINANCE NO. 6-04

Amend Ch. 73-6 re: limitations to access records

(Copy on file in Clerk’s office)

Ayes – 6 TO 0, MOTION CARRIED.

Proclamations re: Clerk’s Week, CFS/FMS Awareness Day, Kids Day America/International, and Police Week: administrator Devin Willi read the proclamation regarding CFS/FMS Awareness Day, noting that he, too, suffered from Fibromyalgia and wished to make others aware of its effects. International CFS/FMS Awareness Day is Saturday, May 8^th.

Mayor Breault read the proclamation denoting Kids Day America/International as Saturday, May 15^th. He noted that the program emphasizes health and safety issues for children, such as child safety seats for vehicles, dental screening, etc.

Mayor Breault read the proclamation indicating the week of May 9^th through 16^th as Police Week and Saturday, May 15^th as Peace Officers’ Memorial Day in honor of peace officers who have lost their lives in the line of duty.

Mayor Breault also read the proclamation for Municipal Clerk’s Week, May 2nd through May 8^th .

Mayor Breault noted that Tom Irwin was no longer present, but he called attention to the award for Mr. Irwin recognizing his contributions as a member of the Library Board from April 19, 1994 to January 12, 2004.

COMMUNICATIONS AND ITEMS FOR FUTURE AGENDAS: Attorney Munkittrick cautioned the Council members to only identify topics for future agendas and not engage in any discussion of the items. She noted that while attending a recent conference, this subject was discussed in light of the Open Meetings laws. She stated that if a Council member knows in advance of an item, they could either request to place it on the agenda before the meeting, or request it at the meeting.

O’Connell called attention to the 4/22/04 letter from Bob Klanderman, Chairperson of the St. Croix County Highway Safety Committee, that addressed the Carmichael Road/Vine Street intersection. O’Connell requested that this item be placed on the next agenda.

Koch pointed out an article from a May 3^rd issue of USA Today entitled “Dreading the Din of Train Horns.” She noted that the article referenced a federal ruling that will go into effect in December and will do away with 2,000 quiet zones where trains are allowed to pass through intersections without blowing their horns. It was noted that it does not appear that there are any quiet zones located in the City of Hudson.

Finance Officer Betty Caruso requested that a Special Council meeting be held as soon as possible to establish the 2004 Capital Projects. Mayor Breault suggested it might be best to hold the meeting between May 3^rd and May 17^th.

Convene into Closed Session pursuant to § 19.85(1)(c), Wis. Stats. to consider job reclassification for (an employee currently classified as) Account Clerk I, and to consider compensation for Assistant zoning admin./Building Inspector: MOTION by O’Malley, second by Koch, to convene into Closed Session pursuant to § 19.85(1)(c), Wis. Stats. to consider job reclassification for (an employee currently classified as) Account Clerk I, and to consider compensation for Assistant Zoning Administrator/Building Inspector. MOTION CARRIED. A short recess was taken until 8:37 p.m.

MOTION by O’Malley, second by O’Connell to reconvene into open session for possible action re: job reclassification for Account Clerk I and compensation for Assistant Zoning Admin./Building Inspector. All ayes, MOTION CARRIED – 8:59 p.m.

MOTION by O’Malley, second by O’Connell, to reclassify the current Account Clerk I employee as Records/Account Clerk II, Accounts Payable Clerk/Accounting Assistant, and to change the compensation from Grade 11, level C to Grade 12, level C retroactive to 1/1/04. It was noted that the position would remain a part-time 80% position, four days per week.

MOTION by O’Malley, second by Riedel, to adjust the salary for the Assistant Building Inspector/Zoning Administrator by a 15% increase from $19.99 to $23.00 per hour. All ayes, MOTION CARRIED.

MOTION by Radermacher, second by O’Malley, to adjourn the meeting. Meeting adjourned at 9:03 p.m. MOTION CARRIED.

Patricia A. Dotseth,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