city of hudson common council

meeting minutes of february 5, 2007

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

Mayor Breault led those present in the Pledge of Allegiance.

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

OTHERS PRESENT: Devin Willi, Catherine Munkittrick, Denny Darnold, Betty Caruso, Don Gilbert, Randy Hanson, Peter Post, Paul Larson, Jim Eulberg, Dennis Postler, Sean Lentz, Brian Reilly, Don Maysack, Priscilla Wyeth, Mary Beth Lorbecki, and others.

COMMENTS AND SUGGESTIONS FROM CITIZENS PRESENT: Mayor Breault called for comments and suggestions three times; none were given.

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

MINUTES: Approve the Regular Meeting minutes of 1/15/07 and Special Meeting minutes of 1/22/07.

CLAIMS: Approve the following claims for payment:

Fund	Description	payables	payroll	Totals
100	General	358,400.43	143,242.80	501,643.23
230	Wisc DVL/RVL	815.00	0.00	815.00
231	SCBP-RVL Loan	902.50	0.00	902.50
410	Tax Increment Financing	25,527.51	0.00	25,527.51
450	Capital Projects	32,543.58	0.00	32,543.58
610	Sewer	35,269.66	10,100.73	45,370.39
620	Parking Utility	3,497.78	950.50	4,448.28
630	Ambulance	23,876.72	21,988.51	45,865.23
860	Tax Agency	51,678.06	0.00	51,678.06
	TOTALS	$532,511.24	$176,282.54	$708,793.78

Applications for Operator’s Licenses: Approve the issuance of regular Operator’s Licenses for the period 2/6/07 through 6/30/08 to:

Laurie P. Peterson 909A Fraser Lane Hudson, WI

Anna E. Johannsen 1554 Namekagon St. #10 Hudson, WI

Qiong Y. Zhang 1816 Lillian Drive Hudson, WI

Nicole M. Denison 1902 Hawthorne Point Hudson, WI

Mario E. Gothenbach 727 Evergreen Circle Hudson, WI

Michaela M. Cronk 12916 3^rd Street S. Afton, MN

Neil A. Phillips 1700 Aspen Dr. #4 Hudson, WI

Paula M. Stucci 1634 Hoyt Ave E. St. Paul, MN

Madeline R. Beard 16590 Upper 15^th St. S. Lakeland, MN

Todd M. Aasen 8865 Spring Lane Woodbury, MN

Vicki J. Fenner 1118 Second Street Hudson, WI

Andrew J. Franko 411 B Second Street Hudson, WI

Steven J. Welsch 20543 Olinda Trail N. Marine, MN

Benjamin A. Zientara 1895 Chelton Ave. W. St. Paul, MN

Jose M. Betanzos 1863 Arlington Ave. E. St. Paul, MN

Maria F. Villalobos 437 Marshall Rd. Apt. 1 New Richmond, WI

REPORTS OF CITY OFFICIALS, BOARDS, COMMISSIONS: Place on file the Quarterly Reports of the City Clerk and Interim Police Chief, the Community Access Board minutes of 1/23/07, and the Joint Library Board minutes of 1/8/07.

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

Vacation/discontinuance of part of dedicated right-of-way of Dominion Drive and south of Crest View Drive (former Exit 2 Drive) – St. Croix Crossing, LCC & VB Properties, LLC – Resolution No. 3-07: Denny Darnold introduced Resolution No. 3-07. He stated that the Plan Commission recommended vacation of a portion of the right-of-way west of Dominion Drive and south of Crest View Drive, per the petition of St. Croix Crossing, LLC and VB Properties, LLC. He noted several conditions that were recommended by the Plan Commission, as follows:

· Easement for City trunk water main and sanitary sewer main shall be

Provided the full width of the existing right-of-way.

· If disturbance of any parking lot or other improvements placed over the utility easements due to repair/maintenance of the utilities occurs, the property owner would be responsible for payment of replacing the private improvements

· Owner should agree that if additional right-of-way is necessary for intersection improvements, the owner would dedicate that property at no cost to the City.

Mr. Darnold recommended a first reading of the resolution, with a Public Hearing to be held in March. He stated this would begin the process and would allow the neighboring property owners to have their concerns addressed. MOTION by Koch, second by O’Connell, to conduct a first reading of Resolution No. 3-07 and to schedule a Public Hearing at 6:55 p.m. on March 19, 2007. Discussion included information that the City Attorney would review the Resolution and the owner agreement; the Plan Commission would also review it further. All ayes (6), MOTION CARRIED.

Bonestroo & Associates engineering rates for 2007: mayor Breault reported that the Finance Committee recommended accepting the 2007 engineering hourly wage rates for Bonestroo & Associates. MOTION by O’Malley, second by O’Connell, to approve the 2007 hourly wage rate schedule, as submitted by Bonestroo, Rosene, Anderlik & Associates, St. Paul, MN. All ayes (6), MOTION CARRIED.

Resolution authorizing Ehlers & Associates, Inc. to solicit bids for $2,720,000 General Obligation Promissory Notes, Series 2007 of the City of Hudson – Resolution No. 2-07: Sean Lentz, Vice President of Ehlers & Associates, provided information regarding Resolution 2-07 to solicit bids for $2,720,000 in GO notes for the City of Hudson. He explained that the notes would provide funding for the 2007 Capital Projects and would also refund and extend the balloon payments on the $1,750,000 GO notes from the year 2000. Information was shared about the repayment schedule and possible interest rates. Mr. Lentz noted the actual numbers would be provided at the March 5^th Council meeting. He stated that the City has an outstanding bond rating of A1 and the notes would be sold using a competitive sale process to assure that the best interest rate and term is obtained. The City’s borrowing capacity and preliminary schedule were also discussed.

MOTION by O’Malley, second by Morrissette, to suspend the rules toward adoption of Resolution No. 2-07. All ayes (6), MOTION CARRIED. MOTION by O’Malley, second by Morrissette, to adopt the following:

RESOLUTION NO. 2-07

AUTHORIZING EHLERS & ASSOCIATES, INC. TO SOLICIT BIDS FOR $2,720,000

GENERAL OBLIGATION PROMISSORY NOTES, SERIES 2007 OF THE CITY OF HUDSON, WI

(Copy on file in Clerk’s office)

All ayes (6), MOTION CARRIED.

amend Ch. 99-6 of Municipal Code re: feeding wild animals – Ordinance No. 1-07: It was noted that the first reading was held on January 15^th. MOTION by O’Malley, second by Koch, to adopt the following:

ORDINANCE NO. 1-07

aMEND cH. 99-6 RE: FEEDING OF WILD ANIMALS

(Copy on file in Clerk’s office)

All ayes (6), MOTION CARRIED.

Consider updating the plans/specs and advertising for bids for Bathhouse Residing Project: parks Director Jim Eulberg stated that during a January 31^st meeting with Mayor Breault, the City Attorney, Alderperson Radermacher and City Staff, various options for the Bathhouse and Riverwalk Projects were discussed. He stated that they believed it was in the best interest to update the specifications for the Picnic Shelter facility and the Bathhouse Residing Project. MOTION by Radermacher, second by Koch, to approve updating the plans and specifications for rebidding the Bathhouse Residing Project. In discussion, it was noted that there could be an advantage if the projects were done close together, as some bidders might be able to reduce their overhead and not charge as much. Additional discussion was held regarding the engineering costs to rebid the project, noting that the amount would be $2,600 and not $3,600. All ayes (6), MOTION CARRIED.

Consider updating the plans/specs and advertising for bids for the Riverwalk Picnic Shelter Project: MOTION by Radermacher, second by Morrissette, to approve updating the plans and specs for the Riverwalk Picnic Shelter and advertising for bids. It was noted that the engineering costs would come down from $4,100 to $3,100. O’Malley voiced concern for spending money on engineering costs while funding for the entire project has not yet been finalized. Finance Officer Betty Caruso provided figures relating to the projected cost and funds available for various portions of the Riverwalk Project. She noted that the security gates were included in the 2007 budget and that the water and sewer portion was approximately $38,600 short. Discussion was held regarding engineering costs and other expenditures, as well as the issue of extending water and sewer service to the end of the Dike Road. Six options for utilities were presented, and the number was reduced to two.

Mary Beth Lorbecki, Priscilla Wyeth and Don Maysack spoke against proceeding with the Riverwalk Project for various reasons. Wyland pointed out that ongoing maintenance costs would need to be placed in the budget. Additional information was provided concerning the availability of restrooms in the park. Ayes (5); O’Malley voted No, MOTION CARRIED.

Consider changing date for second Council meeting in February due to Spring Primary Election setup: motion by Radermacher, second by O’Malley, to approve scheduling the next Council meeting for Wednesday, February 21, 2007. All ayes (6), MOTION CARRIED.

Review of ordinances concerning sexual offender residency restrictions: mayor Breault announced this matter would be addressed when Mr. O’Keefe would be able to attend a meeting.

Consider an advisory referendum regarding the proposed Riverwalk Picnic Shelter Project and extending water and sewer service to the end of the Dike Road: MOTION by Radermacher, second by Morrissette, to deny holding an Advisory Referendum regarding the proposed Riverwalk Picnic Shelter Project. In discussion O’Malley stated his opinion about having a referendum question on the April ballot. He noted there would be no additional cost to include the question and it would be a good idea to get guidance from the citizens about the project.

City Attorney Munkittrick advised that holding a special advisory referendum was a policy question for the Council, but they still needed to make the final decision on the project and could not delegate the decision-making authority to the public. She noted that an advisory referendum was one way to obtain public input. Additional discussion was held regarding obtaining public opinion. Mayor Breault stated he believed the elected officials have the responsibility for the decision-making process. He noted that steps are being taken to obtain new project costs, which should help in making the decision. Additional discussion included the possibility of holding a public hearing instead of a referendum question. Vote taken: Ayes: (3) Koch, Morrissette and Radermacher; Noes: Wyland, O’Malley and O’Connell (3). Mayor Breault broke the tie by voting “yes”. MOTION CARRIED.

Consider authorizing BRA to prepare plans & specs and advertise for bids for the water/sewer utilities to the Riverwalk Project: motion by Radermacher, second by Morrissette, to authorize BRA to prepare the plans and specs and advertise for bids for extending water/sewer utilities to the Riverwalk Project. Discussion was held concerning which of the six options should be explored. It was determined to further look into Option #3, water and sewer directionally drilled under the roadway, and Option #6, use of a holding tank with water directionally drilled under the road. Estimated costs for construction and engineering charges were shared. Dennis Postler reported that engineering charges would be between 6% and 8% of the project cost.

Vote: Ayes (4); Noes: (2), MOTION CARRIED.

Consider authorizing Public Works staff to prepare plans and specs for security gates for the Riverwalk Picnic Shelter and as an alternate to the Bathhouse Project: MOTION by Radermacher, second by Koch, to authorize Public Works staff to prepare the plans and specs for security gates for the Riverwalk Picnic Shelter Project, and as an alternate to the Bathhouse Project. it was noted that Public Works staff and the Park Board would work together to create the plans and specs. All ayes (6), MOTION CARRIED.

COMMUNICATIONS AND ITEMS FOR FUTURE AGENDAS: Morrissette questioned the possibility of holding a public hearing for public input on the Riverwalk Project. Attorney Munkittrick stated that would be possible.

Denny Darnold announced the Plan Commission meeting scheduled for Thursday, February 8^th and that TIF information would be included.

Consider convening into Closed Session pursuant to §19.85(1)(c) and 19.85(1)(e) Wis. Stats. to consider the compensation for proposed Chief of Police: MOTION by O’Malley, second by O’Connell, to convene into Closed Session pursuant to §19.85(1)(c) and 19.85(1)(e) Wis. Stats. to consider the compensation for proposed Chief of Police. Roll call vote, all ayes (6), MOTION CARRIED – 8:33 p.m.

Reconvene into Open Session for possible action re: compensation for Chief of Police: MOTION by O’Malley, second by O’Connell, to reconvene into open session for possible action re: compensation for Chief of Police. All ayes, (6), 9:12 p.m.

MOTION by O’Malley, second by O’Connell, to adjourn at 9:12 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.

Jack D. Breault, Mayor