CITY OF HUDSON COMMON COUNCIL

MEETING MINUTES OF MONDAY, NOVEMBER 20, 2006

 

Meeting called to order by Council President Scot O’Malley in the Council Chambers of City Hall at 7:02 p.m.   He announced that he would still be voting on issues and representing the citizens in Aldermanic District 5.

 

     Council President O’Malley led those assembled in the Pledge of Allegiance.

 

PRESENT:   Alderpersons Randy Morrissette, Dennis O’Connell, Paul Radermacher, Lee Wyland, Scot O’Malley and Carah Koch.

 

ABSENT:  Mayor Breault was excused.

 

OTHERS PRESENT:  Devin Willi, Catherine Munkittrick, Dennis Darnold, Betty Caruso, Angela Popenhagen, Jim Eulberg, Gordon Conard, Don Christoffersen, Jim Frye, Shelly Johnson, Joan Bachleitner, Sahul Flores, Jr. Patti Mann, and others.

 

COMMENTS AND SUGGESTIONS FROM CITIZENS PRESENT:    None were given.

 

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

 

MINUTES:  Approve the Regular Meeting minutes and Closed Session minutes of 11/8/06 and Special Meeting minutes of 11/3/06.

 

Continuance of Conditional Use Permits for Wiseway Motor Freight motor freight terminals at 1300 Industrial Street and 1400 Swasey Street and adjacent parking lots:  Approve renewal of the Conditional Use Permits for Wiseway Motor Freight for motor freight terminals at 1300 Industrial Street and 1400 Swasey Street and adjacent parking lots with the following conditions:

 

1.   Retention and maintenance of the required berm and landscaping on the north and west side of the sites, and required perimeter fencing

2.   No on-street parking of cabs and trailers

3.   No advertising for the sale of trucks

4.   The next required review held in three years (Nov. 2009)

 

Continuance of Conditional Use Permit for Mills Fleet Farm garden center, 1001 Industrial Street:  Approve renewal of the Conditional Use Permit for a seasonal sales area with temporary structures (garden center) for Mills Fleet Farm, 1001 Industrial Street, with the following conditions:

 

1.   Time period shall be limited to a period from April 15 to July 15 of each year.

2.   Compliance with Fire Inspector’s recommendations (in 1/20/03 letter)

3.   The next required review held in three years (Nov. 2009)

 

Claims:  Approve the following claims for payment:

 

Fund

Description

Payables

payroll

Totals

100

General

107,325.90

162,935.72

270,261.62

280

Park Donations

24,844.00

0.00

24,844.00

410

Tax Increment Financing

148.50

0.00

148.50

450

Capital Projects

686.20

0.00

686.20

610

Sewer

16,554.65

10,018.47

26,573.12

620

Parking Utility

2,802.88

824.85

3,627.73

630

Ambulance

7,025.03

7,830.66

14,855.69

 

         Totals

$159,387.16

$181,609.70

$340,996.86

 

Applications for Operator’s Licenses:  Approve the issuance of regular Operator’s Licenses for the period 11/21/06 through 6/30/08 to:

 

Lynn P. Doucette        525 Nordic Lane      Hudson, WI

Alison G. Rice                77 Coulee Road, #229 Hudson, WI

 

REPORTS OF CITY OFFICIALS, BOARDS, COMMISSIONS:  Place on file the Semi-annual report of the Community Development Director, the Public Utility Commission minutes of 11/14/06, and the Hudson Area Joint Library Board minutes of 10/9/06.

 

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

 

     Quarterly Report of the Water Utility Director:   Wyland questioned the status of flushing that is being done to clean the water near Kinnickinnic and Wisconsin Streets;  he noted that the information was not listed in the report.  Jim Frye reported that flushing was done in the areas of 6th and Walnut and Kinnickinnic Street.  He stated that in speaking with the residents, the water quality has greatly improved.  He stated the Water Department would continue this practice until the ground freezes.  He noted that the Utility would be meeting with engineers to evaluate the distribution system, and they would also be hired to prepare a study to make sure that the water treatment plants are operating at peak efficiency and producing good quality water.  MOTION by Wyland, second by Radermacher, to accept and place on file the Water Utility Quarterly Report.  All ayes (6), MOTION CARRIED. 

 

Final Development Plans for 6,000 sq.ft. prop repair and retail at 1820 Webster Street – Propulsion Associates/David Monahan:   Community Development Director Denny Darnold stated that the Plan Commission recommended approval with some revisions to the plans regarding building height, retaining existing trees, and providing a letter of credit.  He mentioned that there was a concern for breaking the street during the winter months, and stated that completing the utility work in the spring be added as another condition for approval.

 

MOTION by O’Connell, second by Radermacher, to approve the final development plans for Propulsion Associates at 1820 Webster Street, with the following conditions:

 

1.    Plans are revised to denote the proposed change in building height and provision of valley gutter along the east property line.

 

2.    Two additional 2˝” caliper overstory trees be provided between the west   property line and the building, or save two existing trees of similar size.

 

3.      Plans be revised per the City Engineer’s recommendations, and a Letter of

     Credit of $8,640 is provided to assure the repair of street, curb and    gutter and boulevard improvements, and payment of associated City inspection costs.

 

  4.  The utility work will be completed in the spring.

 

Brief discussion was held regarding the appearance of the proposed building.   It was noted that many of the buildings have metal siding, or a combination of stone and metal, and the new building should blend in well with the area.

 

Vote taken, all ayes (6), MOTION CARRIED.

 

     Fire Department request to purchase a Hazardous Materials Trailer:  President O’Malley noted that the Finance Committee recommended approval.  Fire Chief Jim Frye explained that earlier in the year a Fire Department vehicle was sold.  He noted that some of the hazardous response materials used to be stored on that vehicle, and they were now causing clutter on the apparatus floor of the Fire Station.    He stated that they would like to purchase a covered trailer to store the equipment, noting that most of the materials could be stored outside.  He explained that the funding could come from the proceeds of the vehicle that was sold.   It was noted that the materials are for hazardous abatement, diking materials, absorbent pads, booms, trashcans, etc.   He noted that he would advertise for bids for the trailer, if given approval to proceed.

 

     motion by Radermacher, second by O’Connell, to approve the Fire Department purchase of a hazardous materials storage trailer and supplies not to exceed $14,000, (using funds from the sale of the one-ton mini-pumper).  All ayes (6), MOTION CARRIED.

 

Application of Chipotle Mexican Grill, Inc. for Class “B” beer and Class C wine license d/b/a Chipotle Mexican Grill at 1021 Pearson Drive, Hudson, WI:  president O’Malley stated that the applicants were only seeking a beer license.  Attorney Joan Bachleitner explained that she was representing Chipotle Mexican Grill, Inc.  She noted that Area Manager Patti Mann and liquor agent Sahul Flores were present to answer any questions.  O’Malley reported that the Finance Committee recommended approval.

 

     MOTION by Radermacher, second by O’Connell, to approve the issuance of a Class B beer license to Chipotle Mexican Grill, Inc. d/b/a Chipotle Mexican Grill at 1021 Pearson Drive, Hudson, WI for the period 11/21/06 to 6/30/07.  It was clarified that this was the last beer license available in the City.  Clerk Korson explained that two beer licenses were approved for businesses that were currently not operating, and they could become available at renewal time next June.  Another increase in the number of licenses could occur through Council’s decision to change the restrictions, or through a population increase (in October or November of 2007) that would make another license available. Vote taken: all ayes (6), MOTION CARRIED.

 

Update on Projects:  BRA Engineer Angela Popenhagen reported that Prairie View Center, Prairie Pointe Professional Center, the Hudson Hospital and Croix Commercial projects were all completed.  She noted that most of the other projects were wrapped up for the season, as the bituminous plants were closed.

 

Bids for Lakefront Park Riverwalk Lighting Project:  Ms. Popenhagen explained that three bids were received; the base bid included lights on both sides of the walkway, and the alternate included lighting only on the north side.   MOTION by Radermacher, second by Wyland to approve the Park Board’s recommendation of accepting the bid from Simon Electric Construction Co., Inc. in the amount of $96,682.00 for Alternate No. 1 of the Lakefront Park Riverwalk Lighting Project, with funds from the $100,000 that was set aside from the last bond issue.   Finance Officer Betty Caruso explained that the funds from the 2005 bond issue were available for the lighting project. 

 

Brief discussion was held regarding the 2005 bond issue designated for Capital Projects.  O’Malley noted that the total cost of the Lighting Project was anticipated to be $112,000 and he questioned the source for the additional $16,000.  Ms. Caruso explained that the entire Riverwalk Project included the shelter facility, lighting, and utilities, and together they would create a shortfall of approximately $172,000.  She noted that approximately $145,000 of bond proceeds from the Lakefront Wall Project could be applied, leaving a balance of $27,568. 

 

Discussion was held concerning the possible use of the extra funds from the Lakefront Wall project for other areas of need throughout the City.  O’Malley reminded that the current topic was only the Lighting Project.  Public Works and Parks Director Jim Eulberg reported that there were other potential savings for the Lighting Project if the City purchased the poles directly from the vendor.  It was noted that the low bid of $96,682.00 would remain.  Attorney Munkittrick cautioned about other types of municipal contracts and possible problems with warranties and other issues.  She advised Council to only deal with the bids for the project as advertised and presented.  She noted that Council could decide whether to wait and look at all of the proposed Capital Projects at one time.

 

In answer to additional questions, Ms. Caruso responded that the 2005 bond proceeds must be spent by May of 2007.  She noted that 90% needed to be spent by December of 2006.  The expiration times for the bids were also noted.   Koch questioned whether the lighting project would be safer if light poles were on both sides.  Radermacher noted that the lumens would be the same and the Park Board did not believe it would be worth $20,000 to have the poles on both sides.  Jim Eulberg stated that the poles would be moved slightly closer to achieve uniform lighting, and the cost savings would be achieved because wiring would only have to be installed on one side of the walkway.  Vote taken, all ayes (6), MOTION CARRIED.

 

 

Bids for Lakefront Park Tollgate Shelter Project:  Ms. Popenhagen reported that eight bids were opened on Thursday, September 8th, and the low bidder was Willow River Construction, LLC in the amount of $253,673.00.  She stated that the bids would expire in one week.  Ms. Popenhagen explained that $50,000 had been donated by the Hudson Rotary Clubs, the DNR had awarded a $100,000 grant, the City matched the $50,000 Rotary donation, plus almost $62,000 in miscellaneous donations, for a total of approximately $262,000 allocated for the project at this time. 

 

Discussion was held regarding the source of the miscellaneous donations and the possibility of funds from Rep. Ron Kind that could be used to replace the Park donations accounts.  MOTION by O’Connell, second by O’Malley, to deny awarding the contract for the Lakefront Park Tollgate Shelter Project.  Attorney Munkittrick noted that all the bids would soon expire.  Radermacher stated that most of the Shelter Project money was in place except for approximately $15,500 that the Park Board recommended taking from the Park A Trust Fund, an Impact Fee fund, to cover the rest of the cost. 

 

Wyland questioned whether the Shelter Project could be approved or considered without the water and sewer.  Discussion was held concerning the water and sewer estimated costs and the extra funds from the Lakefront Wall project.  Finance Officer Betty Caruso clarified that bonds are issued with specific projects in mind.  If project costs are higher, additional funds must be found; if costs are less, the bond funds can be released.  She explained that the City issued $50,000 in bonds to match the Rotary Club donation for the project.  With the addition of $100,000 from the DNR, and $61,000 from all the Park donations received over the years, the project would still be short $15,000.  The $15,000 could come from Park Dedication Impact Fees from the north side of the City.

 

 Discussion was held regarding the possible use of the $145,000 from the Lakefront Wall Project for other Capital Projects.  Radermacher noted that the Park Board had given top priority to the Riverwalk Project.  O’Malley called attention to the tight budget, the levy limits established by the State, and fiscal responsibility.  He noted other City buildings that needed updating and he questioned whether it would be wise for the City to spend all the money on only one project at this time.  It was noted that over $3 million in requests from Department Heads could not be honored; and other City projects would have to be cut.  

 

Angela Popenhagen noted that the bids could be held for only 60 days, and the time was nearly up.  Attorney Munkittrick stated that the project would probably have to be rebid.  President O’Malley restated that the intent was not to “kill the project” but to hold a Capital Project Outlay meeting to determine the priorities of the City.    Radermacher restated that he believed the money was available, and he hoped that the Riverwalk project would get done.  Koch noted that the possibility that the money for the sewer and water portion could be spent elsewhere.

 

Further discussion was held concerning water and sewer installation, the use of holding tanks, or other solutions and possible costs.  O’Connell suggested further review and discussion at a later date.  MOTION restated by O’Connell, second by O’Malley, to deny awarding the bid for the Lakefront Park Tollgate Shelter Project, until the Capital Outlay/Project meeting has been held on December 18th.   It was noted that no grant funds or awards would be lost. Vote: Ayes(4); Noes:(2) Radermacher and Morrissette MOTION CARRIED.

 

Request of Mark Christoffersen (d/b/a Golf Links) for an ordinance to create a new class of beer license – proposed Ordinance No. 18-06:  Attorney Munkittrick called attention to her memo of 11/17/06 and noted that several issues needed to be discussed.  She reported that after learning how to proceed, she would prepare the ordinance in a more final form for possible first reading at the next Council meeting.

 

Morrissette suggested a percentage of 30% be inserted under item “c” under the definition for recreation premises.  Attorney Munkittrick suggested discussion of the entire ordinance, and following conclusion, Council could direct her how to prepare the ordinance draft, with suggested changes.  Another option would be to vote not to proceed any further.  She did not recommend suspending the rules to adopt the current draft, as it had so many blanks and was not a completed version at this time.  She noted that adoption this evening would not give any opportunity for public comment on the various issues.

 

O’Connell thanked Attorney Munkittrick for providing the information that he had requested at the previous meeting.  He explained that he had researched and reviewed the issue further.  MOTION by O’Connell, second by O’Malley, to retain the current Municipal Code and not proceed any further with a change to the Class B beer license requirements.  O’Connell noted that he had studied the ordinances from other cities and he did not feel comfortable making a change at this time. 

 

Morrissette stated that the physical business of the requestor would not be a bar.  O’Connell stated that he feared such a change would open the City to many more license requests.  It was questioned if the St. Croix Rowing Club would fall under the “yachting club” designation.   In answer to questions, Attorney Munkittrick explained that the definition of recreation premises under section c (golf, tennis, curling, ski jumping or yachting) was simply reflecting a permit whereby the Legislature allows the Department of Revenue to issue a beer permit to those types of private clubs open only to members and located only in municipalities that do not issue Class B beer licenses.  She stated that those classifications have nothing to do with the Statutes that the City uses for operations.   Ms. Munkittrick explained the definition of private clubs from Wisconsin Statutes, and noted that a for-profit business would not qualify as a private club.

 

It was noted that the simulated golf business was not eligible for a license under City Code, and unfortunately that fact was overlooked by both the applicant and the City when it was originally granted a beer license.  O’Malley stated that he did not see a need for this ordinance and that the City has enough trouble monitoring the current licenses.  He called attention to the need for more licensed bartenders in some businesses, and did not see a need to create another classification that could possibly be even harder to monitor.   Discussion was held regarding adult amusements, pool halls, and other recreational arcades.  Morrissette stated he did not see the harm in the ordinance, and called attention to bowling alleys that offer family recreation and also serve beer.  Koch agreed that it was unfortunate that a beer license was issued in the past, but she did not see the need for a change in reaction to one business.  She also commented that, in this case, she did not see the need.

 

 Attorney Munkittrick reminded the Council to look at the classifications and decide whether this was what they wanted for the City.   She stated that Council should make a judgment call on whether there was a public need, and not based on the fact that a license was issued by mistake.   She added that the creation of a new class of business eligible for beer licenses could be a problem in the future.  

 

Don Christoffersen of Bruce Wisconsin, explained that he was a former City resident and also an investor in the Golf Links business owned by his son Mark. He reviewed the services that they offer for golf players during the winter.  He stated that the facility contained very expensive equipment, and they used licensed bartenders when they previously had a beer license.  He invited the Council members to visit the Golf Links facility and pleaded with them to reconsider and not overlook their business.

 

O’Malley thanked Mr. Christoffersen for his comments and agreed that the issue this evening was not specifically his son’s establishment, and the City had no problems in the past with that business.  The MOTION was restated by O’Connell to direct Attorney Munkittrick to stop any further work on an ordinance to create a new beer classification.  Ayes: (4); Noes: (2) Morrissette and Radermacher.   MOTION CARRIED.

 

Vine Street Corridor Traffic Study:  o’Malley introduced Mr. Sheldon Johnson, a traffic specialist with the City’s consulting engineering firm of Bonestroo and Associates.  Mr. Johnson reported that BRA was requested to conduct a traffic study of the Vine Street corridor between Second Street and Carmichael Road.  He provided a brief overview of the final report that included traffic volume data, peak period traffic counts at three intersections, crash data analysis, pedestrian counts at intersections, travel time runs during peak times, travel time runs on alternative routes, and service level analysis. 

 

Mr. Johnson explained that the corridor functioned at an acceptable level of service to handle 12,500 to 13,000 vehicles per day.  Current volume was approximately 10,700 vehicles per day near Carmichael Road, tapering down to approximately 7,000 vehicles per day near Second Street.  He noted that the pedestrian load at the intersections along Vine was not heavy; most of the pedestrians were found at the Wisconsin Street intersection and appeared to be school related groups.  Mr. Johnson explained that technically the Diamond Drive and Grandview Drive intersections would not warrant four-way stops according to the State, however other factors have to be considered.  He called attention to the numbers of student pedestrians and drivers at the Wisconsin Street intersection, and stated that Grandview Drive was also an important collector roadway. 

 

 

Mr. Johnson stated that the traffic numbers at Diamond Drive do not suggest all-way stop control, and if the City decides to remove the stop signs, some improvements for pedestrians must be made to the intersection.  Various options were noted.  He also called attention to the drivers that continue to make “rolling stops” at Diamond Drive as they turn in toward the YMCA.  Mr. Johnson stressed that public education was needed for both drivers and pedestrians.  

 

     It was noted that the Wisconsin/Vine Street intersection had a safety issue with more crashes than usual.  Mr. Johnson stated that the all-way stop was appropriate, however, the City could consider a roundabout intersection that would remove delays and virtually eliminate the number of crashes in that area. 

 

     In summary, Mr. Johnson explained that the Vine Street corridor basically was working well, but additional delays were caused by the Diamond Drive stop sign.  He noted that Council had a difficult decision to make regarding the Diamond Drive and Wisconsin Street intersections, and many issues needed to be considered.  He suggested that the Third and Fourth Street stop signs should remain in place. The use of medians and signage were also discussed.

 

     MOTION by O’Connell, second by Radermacher, to refer the Vine Street Corridor Traffic Study to the Public Safety Committee for further review and recommendations.  President O’Malley asked for comments from the audience.

 

     Mike Culver, 2241 Ruby Road, stated he was representing the Vine Hills neighborhood and expressed their hope that the Diamond Drive stop signs would remain.  He reported that he had not noticed any increase in traffic on Diamond Drive, or increase in the lines or queues, and noted concern for the fast speed of the traffic on Carmichael Road.  Administrator Willi stated that traffic delays were frequent on Carmichael Road in the mornings when students are being driven to school, in the afternoons when school is over, and during other school events. Mr. Culver stated that he believed most parents would feel safer if their children crossed a street that has a stop sign rather than  using pedestrian flags.  Vote taken, all ayes (6), MOTION CARRIED.

 

Ordinance No. 17-06 re: 2007 Appropriations for Municipal Operations:   Administrator Devin Willi noted that the total budget for 2007, including debt service, was $8,438,623, a decrease of approximately 3% from last year.  He stated that the tax levy limit reduced the amount the City could spend, and also that the debt levy was less than it was in 2006.  Mr. Willi explained that expenditures were cut in many areas, and increased where needed.  Under revenues, he reported a major decrease of approximately $145,000 in building inspection fees, as building in the City has slowed down. 

 

Mr. Willi explained that approximately $245,000 represented what could be considered short-term Capital Projects; these items might not have the life span to justify bonding for 10 or 20 years.  The list included park benches, squad vehicles, Comprehensive Plan costs, copy machine, etc.

 

Mr. Willi noted that the final assessed valuation would not be known until after the Board of Review meetings on November 28th and 29th.  He reported that they used a number approximately $20 million lower than the actual final amount, and stated the valuation should be around $1.5 billion, up approximately one-third.  He noted that if a property owner’s assessed valuation increased less than 50%, their property taxes would either be the same or go down.  The City’s mill rate would be going down from 5.85 to 3.98 because the assessed valuation was going up, and equalized and assessed values would be the same, close to 100%. 

 

     Mr. Willi explained that last year the total mill rate was $21.67 and this year it was estimated to be between $14.00 and $14.50.  He noted that it was anticipated that $2.6 million would be going into the TIF District this year, for a total in ten years of almost $12 million.

 

     Finance Officer Betty Caruso called attention to the Fund Balance and its need to be monitored.  She noted that in the 2007 budget, $160,000 was still needed to cover all expenditures, and this would come from the Fund Balance.  She called attention to a 2006 deficit that was estimated at $128,000 to be funded by the Fund Balance.  Ms. Caruso explained that the actual deficit was closer to $267,000, as a result of lower collections from building permits, and other budget overruns.   She noted that with the levy limits in place, there was no way to replenish the funds in the Fund Balance.  She again stressed that the Fund Balance must be closely monitored.  

 

Ms. Caruso stated that the amount of the Fund Balance (unreserved)  currently was $1,333,000 but at the end of 2007 it would be at $1,017,000 – a drop of $300,000 in a two-year period.  She noted that in 2005 the Undesignated Fund Balance was 25% of the City’s budget, a good healthy position that allowed Moody’s Investor Service to increase our bond rating from A2 to A1.  She stated that the Fund Balance was now close to 15% of the budget, and called attention to the percentages in other communities.  She explained that the City was not in a danger zone at this time, but this needed to be addressed.

 

     Ms. Caruso explained that at the December 18th Council meeting the plans for the TIF District would be addressed, as well as the Fund Balance and what action could be taken if the tax levy limits were eliminated.  She again stressed the importance of maintaining the Fund Balance at a minimum of 15% of total operations.   Ms. Caruso reported that short-term notes of approximately $240,000 were built into the current budget to cover some of the items explained earlier by Administrator Willi.   She requested authorization to proceed and obtain bids from banks for this short-term financing for Capital Outlay, with payoff expected in March of 2007. 

 

     MOTION by O’Connell, second by Radermacher, to suspend the rules toward adoption of Ordinance No. 17-06.  Koch noted concern for more public input on the budget.  Administrator Willi stated that the budget had been available for nearly a month and the required hearing notice was published twice. Roll call vote, Ayes (4), Noes: (2) Wyland, Koch – MOTION CARRIED.  MOTION by O’Connell, second by Radermacher to approve the following:

    

ORDINANCE NO. 17-06

2007 APPROPRIATION ORDINANCE OF $8,438,623

WITH TAX LEVY OF $5,293,304

(Copy on file in Clerk’s office)

 

     All ayes (6), MOTION CARRIED.

    

Correspondence from Cedar Corporation re: engineering needs:  denny Darnold noted that the 2007 engineering rates for BRA would be discussed soon.  MOTION by Radermacher, second by O’Connell, to direct Administrator Willi to create a Request for Proposals for engineering services for the City.  All ayes, MOTION CARRIED.

 

     Reappointment of Barbara Burke to Hudson Housing Authority:  President O’Malley noted that Mayor Breault has recommended reappointment of Barbara Burke to another term on the Hudson Housing Authority.  MOTION by Radermacher, second by O’Connell to confirm Mayor Breault’s reappointment of Barbara Burke, 2304 Donegal Court, for another five-year term on the Hudson Housing Authority ending in July of 2011.  All ayes (6), MOTION CARRIED.

 

     COMMUNICATIONS AND ITEMS FOR FUTURE AGENDAS:   President O’Malley thanked everyone for their patience in attending the long meeting for a full airing of all the issues.

 

     Morrissette noted that the holiday decorations in the City looked great; he thanked the Public Works Department for their work, as well as all the businesses that contributed.

 

MOTION by Wyland, second by O’Connell, to adjourn at 9:20 p.m.  All ayes (6).  MOTION CARRIED.

 

Nancy 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.

 

 Scot E. O’Malley, Council President