CITY OF HUDSON COMMON COUNCIL

MEETING MINUTES OF MONDAY, MARCH 19, 2007

Meeting called to order by Mayor Jack Breault in the Council Chambers of City Hall at 7:20 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: Catherine Munkittrick, Denny Darnold, Betty Caruso, Jim Eulberg, Paul Larson, Andy Smith, Dennis Postler, Gordon Conard, Mike Laatsch, Debbie Laatsch, Jeff Tersteeg, Pat Sherley, Don Gilbert, Debbie Andrews, Ryan Cari, Sam Cari, Christopher Anderson, Randy Hanson, Rollie Becker, Bob Pierce, Dave Magnuson, Jennebelle Zappa, Dave Feist, Bill Utphall, Mary Bowen-Eggebraaten, Dick Muenich, Angela Popenhagen, Barry Lundeen, Chuck Schwartz, Sherrie Rosenberger, Matt Frisbie, Gwen Gierke, and others.

COMMENTS AND SUGGESTIONS FROM CITIZENS PRESENT: Pat Sherley, Director of Communications & Programs for the Hudson Chamber of Commerce, announced that a Candidate’s Forum would be held on Monday, March 26, 2007 from 11:30 until 1:00 p.m. in the River Room of the Phipps Center for the Arts. She stated that reservations could be made at the Chamber office, and she encouraged people to attend.

Ms. Sherley also invited the public to attend the fourth annual Spring Showcase held at the Hudson Sports & Civic Center on Sunday, March 25th from 11:00 a.m. to 5:00 p.m. She noted that the event is free and includes approximately 85 booths showcasing products and services available in the Hudson area. There will be prizes, entertainment, and food available.

William Utphall requested that the issue of temporary signage be placed on the next agenda. He stated that temporary signage is important to area businesses, and he was seeking an opportunity to discuss the matter. Mayor Breault agreed that this could be an agenda item at the April 4^th Council meeting.

Mike Laatsch encouraged people to vote at the April 3, 2007 Spring Election.

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

MINUTES: Approve the Regular Meeting minutes of 3/5/07 and the Special Council meeting minutes of 3/14/07.

Claims: Approve the following claims for payment:

FUND	DESCRIPTION	PAYABLES	PAYROLL	TOTALS
100	General	187,561.95	126,620.57	314,182.52
410	Tax Increment Financing	19,192.60	0.00	19,192.60
450	Capital Projects	834.67	0.00	834.67
610	Sewer	27,833.37	7,808.05	35,641.42
620	Parking Utility	842.59	615.86	1,458.45
630	Ambulance	4,745.11	7,873.54	12,618.65
	TOTALS	$241,010.29	$142,918.02	$383,928.31

Applications for Operator’s Licenses: Approve the issuance of Regular Operator’s Licenses for the period 3/20/07 through 6/30/08 to:

Carl S. Larson 221 Forest Drive Somerset, WI

Dave A. Klatt 629 Lemon Street N. Hudson, WI

Application of ST. PATRICK’S HOME & SCHOOL ASSOCIATION for Temporary Class “B”/”Class B” Retailer’s license TO SELL BEER AND WINE AT THE ST. PATRICK’S GALA EVENT, 4/14 TO 4/15/07 AT ST. PATRICK’S SCHOOL, 403 ST. CROIX STREET: Approve the issuance of a Temporary Class “B”/”Class B” Retailer’s License to St. Patrick’s Home & School Association to sell beer and wine at the St. Patrick’s Gala event, 4/14 to 4/15/07 at St. Patrick’s School, 403 St. Croix Street.

REPORTS OF CITY OFFICIALS, BOARDS, COMMISSIONS: Place on file the Public Utility Commission minutes of 3/13/07 and the Hudson Area Joint Library Board minutes of 3/12/07.

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

Vacation/discontinuance of part of dedicated right-of-way of former Exit 2 Drive, west of Dominion Drive and south of Crest View Drive – St. Croix Crossing, LlC & VB Properties, LLC – Resolution No. 3-07: A number of people expressed their opinions during the public hearing prior to the Council meeting. O’Malley questioned how the City would benefit by vacating the right-of-way. Concern was voiced about the development of lots 4 and 5; Morrissette pointed out that the Plan Commission voted not to open the land for development. Radermacher questioned whether there was any chance that the former Exit 2 would ever be reopened. Denny Darnold stated there was less than a 50% chance of that happening. MOTION by O’Malley, second by O’Connell, to deny the vacation/discontinuance of part of the dedicated right-of-way of former Exit 2 Drive, and as outlined in Resolution No. 3-07. O’Connell stated he was not in favor of the vacation and reported that some citizens in his District had expressed to him their opposition.

Denny Darnold stated that the Plan Commission recommended approval of the vacation/discontinuance, with the conditions cited in the Agreement and easement. He also stated that the City should keep the alternative open for the possibility of use as an exit in the future. Morrissette also noted that citizens in his District voiced their opposition. Vote taken: All ayes (6), MOTION CARRIED.

Final development plan review for 11,000 sq. ft. restaurant and retail facility, 901 Pearson Drive, south of Stageline Road and east of Carmichael Road, Ban Tara commercial development – Ban Tara, LLC: koch reported that the Plan Commission viewed diagrams and plans of the final development plan, and suggested that Council also see them. Denny Darnold stated that the Plan Commission recommended approval of the plans, and that they be revised per the City Engineer’s comments.

Architect Matt Frisbie showed diagrams and stated that the building would match the buildings in the first phase of the Ban Tara project. He noted that approximately 5,500 square feet would be for the Buffalo Wild Wings restaurant, and 5,500 square feet for retail. He also showed the parking spaces in the area and explained signage.

MOTION by O’Malley, second by O’Connell, to approve the final development plan for the 11,000 square foot restaurant and retail facility at 901 Pearson Drive, as presented by Ban Tara LLC. All ayes (6), MOTION CARRIED.

Request for wage adjustment for new Patrol Officer Geoffrey Willems: Police Chief Andy Smith requested a wage adjustment for Patrol Officer Geoffrey Willems. He stated this increase would reflect a lateral transfer of the wage rate that he previously received in his employment with the North Hudson Police Department. Chief Smith noted that during the Field Training portion of his employment, Officer Willems would receive the starting rate of $19.54 per hour and after successful completion of the FTO Program, he would receive the third year pay rate of $23.69 per hour. It was also noted that the Hudson Police Patrol Officers’ union was in favor of the wage adjustment.

Mayor Breault suggested that a policy be put in place to address any future situations. MOTION by Radermacher, second by O’Malley, to approve the wage adjustment to Patrol Officer Geoffrey Willems to the third year pay grade of $23.69 per hour, upon successful completion of the FTO Program. All ayes (6), MOTION CARRIED.

School District of Hudson petition for annexation of 41.993 acres, southeast quadrant of cTH F and Coulee Trail – Ordinance No. 5-07: motion by O’Malley, second by Koch, to have first reading of Ordinance No. 5-07, the petition of the Hudson School District for annexation of 41.993 acres in the Town of Troy. Denny Darnold reported that the Plan Commission recommended approval, with an Annexation Agreement prepared by the City Attorney to address the issues of development related to expenses, and to be reviewed by the City and the School District.

Mr. Darnold noted that one issue was the extension of utilities to the edge of the property. He stated that discussions with the School District included his opinion that the City would not waiver on that provision. He advised that another issue that needed to be resolved concerned the bidding of the sewer extension project, if the annexation moved ahead.

Discussion was held concerning the current City sewer capacity and the potential affect from the school facility. Mr. Darnold explained that the elementary school would have little impact on the sewer capacity, as it would be a low water usage facility equal to approximately 18 residential units. Additional information was shared regarding the core facility charge. Mr. Darnold stated that the charge would be based on a 12-acre institutional facility, with the remaining parcel to be used as park, resulting in an almost 50% break in the core facility charge.

The possibility of holding a public hearing on the topic was discussed. MOTION by O’Connell, second by O’Malley, to advertise in the newspaper for two weeks for a public hearing to be held on April 4, 2007 regarding the annexation petition of the School District of Hudson. Vote taken for first reading on Ordinance 5-07, All ayes (6), MOTION CARRIED. Discussion continued regarding the desire for the public to have a chance to voice their opinions and concerns. All ayes (6), MOTION CARRIED.

Bob Muchlinski, 1303 Frear Street, provided his opinions on the annexation request of the School District. He stated that he obtained and reviewed City documents concerning the capacity of the Wastewater Treatment Plant, and noted there was another area of possible annexation totaling 340 acres that could also impact the capacity at the plant. He stated that since the School District would not be paying property taxes, a residential, industrial or commercial development would be more advantageous because they provide tax income. He also questioned completion of a budget study, per Chapter 9, section 5 (of Municipal Code) and how the annexation would benefit the City. Mr. Muchlinski reviewed information regarding the costs of connecting water and sewer service to the school site. He also noted the responsibility of future extension costs to the south and east of the property, if needed. He stated he hoped the leadership of the School District and City Council would take these costs into consideration when they decide how to utilize the tax dollars.

Mary Bowen-Eggebraaten, Superintendent of the School District of Hudson, asked for support for the annexation petition. She stated that they look forward to opening the new school in 2008, and expressed appreciation for working with Denny Darnold and staff and moving forward in a timely way. She also emphasized the spirit of cooperation that has been given. She noted that families would be able to use the site for school, recreation, sports, and community events. She stated that the four main goals for the site are to provide a safe and effective learning environment for the students, create an environmentally friendly design, and strive to reduce water and sewer usage. She stated that they intend to be a good neighbor to the City, town of Troy, Camp St. Croix, and other area residents. Ms. Bowen-Eggebraaten also explained that the school would be a community center with ballfields, a park area, and trails included in the plan. She stated that the core facilities of the school, the gym, cafeteria, library, and computer lab, would be available and open to the public for future use as well. She invited people to attend a public information session to be held March 27, 2007 at 7:00 p.m. in the Lee Auditorium of Willow River Elementary School, and to share in the design process. She explained that the new school’s benefit to the City would be in the service to the students and their families as a learning institution and a place for recreation. She noted that the School District would be paying for core facility fees as part of the Annexation Agreement, which would provide financial help for the utilities and services after the area is annexed.

Engineer Angela Popenhagen of Stevens Engineers, Inc. emphasized the positive impact of the facility for residents in the south side of the City. She also gave an explanation of a Transportation Study that indicated there would not be a significant traffic impact. She also noted that turn lanes were suggested as well as two accesses. Additional discussion was held regarding the need for stop signs or a possible roundabout intersection.

Denny Darnold noted that there would likely be limited times where traffic would be heavier in the mornings and after school. He also noted that the School District would pay for all amenities, just as any other developer. He noted the snow removal, administrative time, and Police Department services that might be needed due to the annexation. He also noted that the School would be paying a $27,000 Core Facility charge for the sanitary sewer, $86,000+ for water core facility, and $47,850 for a Sewer Connection Fee based on a student population of 588 students. He also explained that a Letter of Credit would be required. The charge for extending the sanitary sewer from Mayer Road would be $270,850; the water main extension would be $239,500, $2,500 for the erosion control deposit, and the Building Permit amount would be based on the total cost of the building project.

Additional discussion was held regarding the sewer plant capacity, traffic and speed limits in the area, as well as the possibility of a bike path.

Request for monthly Locust Street Classic Car Shows, May to September: Radermacher reported that the car show has been a good downtown attraction, and the Public Safety Committee recommended approval. MOTION by Radermacher, second by O’Malley, to approve the Locust Street Classic Car Shows to be held the second Friday of each month from May to September, with the same arrangements and requirements as in 2006. All ayes (6), MOTION CARRIED.

Approval for annual Hudson Booster Days parade and event in Lakefront Park, June 29 to July 1, 2007: o’malley inquired about the need for a Special Event Permit. City Attorney Catherine Munkittrick stated that the Booster Club was instructed to complete the application form so it could be reviewed by the appropriate Committees. Mayor Breault noted that the item would be held over to a future meeting.

Request of Cruet & Whisk (Gwen Gierke) to use special short-term parking meter bags at 422 Second Street: Radermacher stated that the Public Safety Committee recommended that short-term parking from 4:00 p.m. to 8:00 p.m. be allowed for a 60-day trial period, with Cruet & Whisk responsible for placing and removing the bags on two meters. It was noted that the meters should not be covered before 3:00 p.m. Discussion was held regarding the consequences if the bags were not removed in a timely manner. MOTION by Radermacher, second by O’Connell, to approve 10-minute parking between 4:00 and 8:00 p.m. at two meters on Second Street near the Cruet & Whisk location. Discussion included information on lost meter revenue, the ability for people to use the spaces to go to other businesses, and the number of parking spaces affected. Morrissette expressed his opposition. Ms. Gwen Gierke, representing Cruet & Whisk, stated that having the meters reserved would make it more convenient for people to enjoy family dinners together. o’Malley questioned the number of parking spaces that would be included. Radermacher explained that the original request was for four meters, but the Public Safety Committee only agreed to two. Radermacher clarified that the motion should include a 60-day trial period. O’Connell seconded the amended motion. Ayes (5), Morrissette voted No – MOTION CARRIED.

Review bids and consider awarding contract for Lakefront Park Beach House Residing Project: parks and Public Works Director Jim Eulberg announced that the Park Board reviewed the four bids that were opened on March 15^th. He noted that the lowest bid was submitted by Willow River Construction, LLC and the Park Board recommended awarding them the contract. Discussion was held regarding funding of the project. Finance Officer Betty Caruso clarified that the total project cost, including engineering fees, would be $125,000 and that $120,000 was on hand from the 2005 bond issue. She noted that the additional $5,000 was available from excess funds from interest earnings on proceeds from a Grandview Park Nets project.

MOTION by O’Malley, second by Radermacher, to approve the $125,000 Beach House Residing Project, and to award the contract to Willow River Construction, LLC at the bid amount of $116,950.00. Discussion included questions from Sherry Rosenberger about the building’s use; she stated her concerns regarding the function of the facility. Vote taken, all ayes (6), MOTION CARRIED.

Review bids submitted for Lakefront Park River Walk Sewer & Water Project: jim Eulberg reported that the Park Board reviewed the bids submitted for the River Walk Sewer and Water Project; the bids were opened March 15, 2007 and Precision Drilling and Installation was the apparent low bidder in the amount of $71,078.48. Mr. Eulberg stated that late Monday afternoon, Precision Drilling informed him that their bid was wrongfully given. He stated that the second lowest bid was in the amount of $130,745.00. Attorney Munkittrick requested time to review the situation and the bidding process.

O’Malley offered his opinion that the Park Board should reconsider their recommendation, as there was a significant change in the bid amount. Additional information was shared regarding engineering costs, and the option of a holding tank versus a sewer main. Mayor Breault suggested gathering all the facts and reviewing when that was complete. MOTION by O’Malley, second by Wyland, to bring back to the Council the Lakefront Park River Walk Sewer & Water Project at the earliest possible opportunity, when all the facts and figures are available. All ayes (6), MOTION CARRIED.

Review bids submitted for Lakefront Park River Walk Picnic Shelter Project: It was noted that these bids would be reviewed with the Sewer and Water Project.

Consider increasing number of liquor licenses that could be allowed in the City – Ordinance No. 3-07: Discussion was held concerning the wording of Ordinance 3-07. O’Malley suggested eliminating the words “or fraction thereof” from the first line in Ch. 145-20C(1)(a), and reviewed that the quota would change to one license per 650 population. Discussion was held about the wording (in paragraph six) “the need for new alcohol beverage licenses is primarily for businesses locating in the newly developing commercial areas of the City” and the use of the word “primarily.” Attorney Catherine Munkittrick advised that keeping the word in the ordinance would allow more flexibility for decision making.

MOTION by Koch, second by Morrissette, to adopt the following, with the words “or fraction thereof” removed from the first line in Ch. 145-20C(1)(a):

ORDINANCE NO. 3-07

Amend Ch. 145-11 B, 145-12, and 145-20 C(1)(a)

Re: City liquor license requirements and quota

(Copy on file in Clerk’s office)

All ayes (5); O’Malley voted No, MOTION CARRIED.

Consider revisions to City’s Banner Policy – Resolution No. 7-07: Attorney Munkittrick reviewed the proposed policy stating the purpose and use of the banner wire. The cost of hanging banners and taking them down was discussed. It was noted that actual cost is between $150 and $300 each time, and the City is only charging $25.00. Pat Sherley from the Hudson Area Chamber of Commerce expressed thanks for the opportunity to hang banners. She noted that the banners are helpful in bringing tourists to events. Additional discussion was held regarding the wording in the Resolution. Concern was expressed for constitutional rights, and also for proof of non-profit status. The types of events that would qualify to have banners were also reviewed. Mayor Breault pointed out that the current sign ordinance does allow banners on private property. He stated that event sponsors could place banners on their own buildings for advertising.

MOTION by O’Connell, second by Wyland, to conduct a first reading on Resolution No. 7-07, and implementing the fee of $150. Radermacher questioned the seven-day time limit. O’Malley stated that two weeks should be considered. It was also discussed and recommended that no banners should be allowed between November 15th and January 15th. It was also recommended that banner reservations could be made no more than 12 months in advance. All ayes (6), MOTION CARRIED.

Advertisement for April 9^th public forum, and schedule date for possible Council action on the proposed River Walk Project: motion by O’Malley, second by Wyland, to schedule a public forum on the proposed River Walk Project for Monday, April 9, 2007 at 7:00 p.m. Radermacher requested that action be taken at the same meeting. Mayor Breault suggested adding the wording “to review bids and take possible action.” O’Malley voiced opposition to taking a vote on the project after the April election, but before the new Council members are in place. He emphasized that all the information has still not been put together.

Radermacher commented that the Park Board presentation would probably answer many of the questions and concerns that need to be addressed. Koch stated she believed that a decision could be made after the presentation and public forum on April 9^th.

More discussion was held regarding the total cost of the project and whether current or new Council members should be voting. The Clerk restated the MOTION as “to schedule a public forum on the proposed River Walk Project for Monday, April 9, 2007 at 7:00 p.m. and to review bids and take possible action.” Ayes (5), O’Malley voted No – MOTION CARRIED.

Consider changing date for first Council meeting in April due to Spring Election setup: motion by O’Malley, second by Radermacher, to change the date of the first Council meeting in April to Wednesday, April 4, 2007. All ayes (6), MOTION CARRIED.

Consider authorizing the transfer of City of Hudson Community Development Block Grant-Business Revolving Loan Fund to the Regional Business Fund, Inc. – Resolution No. 8-07: denny Darnold provided background information regarding the Regional Business Fund and the resolution. He stated that the proposal was reviewed by the Revolving Loan Fund Committee and the resolution needed approval in order to participate. The benefits and concerns were explained. Mr. Darnold noted that the incentive to establish the regional system was that the Department of Housing & Urban Development and the WisDOC will de-federalize the funds, which will provide more flexibility for the use of the funds. He also explained the application process and stated that the St. Croix Business Park Revolving Loan Fund monies would not be transferred into the program. He reported that they found no negative issues, and the City Attorney and Finance Officer had reviewed the proposal, as well.

MOTION by O’Malley, second by O’Connell , to suspend the rules toward adoption of Resolution No. 8-07. All ayes (6), MOTION CARRIED. MOTION by O’Malley, second by O’Connell, to adopt the following:

RESOLUTION NO. 8-07

AUTHORIZING THE TRANSFER OF THE CITY OF HUDSON

COMMUNITY DEVELOPMENT BLOCK GRANT - BUSINESS REVOLVING LOAN FUNDS

TO THE REGIONAL BUSINESS FUND, INC.

(Copy on file in Clerk’s office)

All ayes (6), MOTION CARRIED.

Consider repealing Section 235-3 I in Hudson Municipal Code, re: odd-even parking, Ordinance No. 4-07: MOTION by O’Malley, second by O’Connell, to suspend the rules toward adoption of Ordinance No. 4-07. All ayes (6), MOTION CARRIED. MOTION by O’Malley, second by Wyland, to adopt the following:

ORDINANCE NO. 4-07

Repealing Ch. 235-3-I re: Odd-even Parking

(Copy on file in Clerk’s office)

All ayes (6), MOTION CARRIED.

COMMUNICATIONS AND RECOMMENDATIONS OF THE MAYOR: None.

COMMUNICATIONS AND ITEMS FOR FUTURE AGENDAS: None.

MOTION by O’Malley, second by Wyland, to adjourn at 9:25 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