CITY OF HUDSON COMMON COUNCIL

MEETING MINUTES OF MONDAY, MAY 5, 2008

Meeting called to order by Mayor Dean Knudson in the Council Chambers of City Hall at 7:03 p.m. Mayor Knudson led those present in the pledge of allegiance.

PRESENT: Mayor Knudson and Alderpersons Randy Morrissette, Pam Brokaw, Lori Bernard, Scot O’Malley and Alan Burchill.

ABSEMT: Alderperson Lee Wyland.

OTHERS PRESENT: Cathy Munkittrick, Devin Willi, Betty Caruso, Denny Darnold, Linda Kluge, Karen Watts, Gordon Conard, Marty Jensen, Linda Donaldson, Tom Zeuli, Randy Hanson, David Gray, Eric Christensen, Hans Lamkin, Elijah Omweno, Robert Isaac, and Stephen Momanyi, and others.

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

CONSENT AGENDA: Mayor Knudson requested that the quarterly report of the Library Director and the Library Board minutes be removed from the Consent Agenda. MOTION by Morrissette, second by Burchill, to approve the following Consent Agenda items:

MINUTES: Approve the regular Meeting minutes of 4/21/08.

Review of Conditional Use Permit (home occupation) for Hobbins Antique Sales, 825 Second Street – Sally Hobbins: Approve the Conditional Use Permit for Sally Hobbins for an antique store at 825 Second Street, with the permit to be reviewed in three years (April 2011), and contingent on the following conditions:

· No display of “antiques” for sale on the porch or yard areas.

· Three (3), off-street parking spaces provided with a small sign (1 square foot) to indicate the location

· Permit issued to Sally Hobbins, and not transferable

· Antique business to be open no more than five (5) days per week,

With business hours between 10:00 a.m. and 5:00 p.m.

· Signage permitted shall not exceed one square foot in area each for business identification and off-street parking (Amended to three square feet in 2005)

Review Conditional Use Permit for Skits Outreach Services, teen theatre group productions, office facility, and off-street parking at 900 4^th Street: Approve the conditional Use Permit for Skits Outreach Services, 900 Fourth Street, for teen theatre group productions, office facility and off-street parking, with the condition of required off-street parking on the south side of Orange Street, and with review in three years (April 2011).

Claims: Approve the following claims for payment:

FUND	DESCRIPTION	PAYABLES	PAYROLL	TOTALS
100	General	190,032.55	146,270.53	336,303.08
350	Special Assessments	491.99	0.00	491.99
410	Tax Increment Financing	917.71	0.00	917.71
610	Sewer	17,053.26	10,732.89	27,786.15
620	Parking	1,233.08	891.25	2,124.33
630	Ambulance	8,079.45	25,354.20	33,433.65
860	Tax Agency	(42.37)	0.00	(42.37)
	TOTALS	$217,765.67	$183,248.87	$401,014.54

Applications for Amusement Device Operator’s Licenses: Approve the issuance of an Amusement Device Operator’s license to Namco Cybertainment Inc., 877 Supreme Drive, Bensenville, IL, and Amusement Device Permits to Namco Cybertainment Inc. for 6 machines/games at Hudson Cinema 9, and to Bertha Fenner for 12 machines/game tables at Dibbo’s, 517 2^nd Street.

Update on quotes from health insurance consultants and review timetables: Place on file the 4/29/08 memo from the City Administrator regarding health insurance consultants’ quotes and timetables.

REPORTS OF CITY OFFICIALS, BOARDS, COMMISSIONS: Place on file the quarterly report of the City Clerk, and the Community Access Board minutes of 4/22/08.

Roll call vote, all ayes (5) MOTION CARRIED.

REPORT OF Library Director, and the Joint Library Board minutes of 3/10 and 4/14/08: Library Director Linda Donaldson provided a Library circulation summary from January through March of 2008. She noted that the Library did not offer any children’s programs during Spring Break, and that several employees attended a Public Library Conference in Minneapolis.

Mayor Knudson called attention to the Joint Library Board meeting minutes of April 14, 2008 concerning the Town of Hudson’s decision to withhold some funds allocated by the Town of Hudson. The issue involved mailings that were sent out for the Library Advisory Referendum. He also voiced his concern about the site and planning expense item in the 2008 Library Budget. Mayor Knudson questioned whether a new Joint Library Agreement was needed.

MOTION by O’Malley, second by Bernard, to accept and place on file the Joint Library Board minutes of 3/10/08 and 4/14/08, and the Library Director’s quarterly report. All ayes (5), MOTION CARRIED.

Certificate of Compliance, child day care, Little Minds Learning Center, 2400 Foxglove Way – GSGB/Coldwell Banker Commercial – Jim Fletcher: denny Darnold stated that the Plan Commission recommended approval with the condition of a limitation for the number of children in the outdoor play area, and agreed to by the Barnhardts. He also noted the other conditions recommended by the Commission.

MOTION by O’Malley, second by Bernard, to approve issuance of a Certificate of Compliance for Little Minds Learning Center at 2400 Foxglove Way, child day care by Stacey and Todd Barnhardt, and with the following conditions recommended by the Plan Commission:

· Hours of operation 6:00 a.m. to 8:30 p.m. Monday through Friday, and 6:00 a.m. to 6:00 p.m. on Saturdays

· Outdoor play area utilized only from 10:00 a.m. to 4:00 p.m.,

With a maximum of 15 children at one time

· A State of Wisconsin group day care license required to be maintained

· A fence not to exceed six feet in height to enclose the play area

Morrissette questioned the number of day care facilities in the City and asked whether there was a minimum, or a maximum number allowed. Mr. Darnold replied that it was not up to the City to decide competition, but they could control the zoning standards. Ayes (4), Morrissette voted No. MOTION CARRIED.

APPLICATIONS FOR OPERATORS LICENSES: Mayor Knudson announced that the Finance Committee recommended approval. Morrissette recused himself. MOTION by O’Malley, second by Burchill to approve the issuance of a regular Operator’s License for the period 5/6/08 through 6/30/09 to:

Megan K. Dugan 702 8^th St. N. Apt. A North Hudson, WI

Matthew P. Hansen 7740 Windsdale St. Golden Valley, MN`

Jessica M. Johnson 708 Second Street Hudson, WI

Angela L. Larson E5428 815^th Avenue Menomonie, WI

Clarence G. Minke 1442 Cth Rd K Lot 9 New Richmond, WI

Tony W. Ward 146 Dunberry Pass Hudson, WI

Holly Jo Webb 216 S. Winter St. #3 River Falls, WI

And the issuance of Regular Operators licenses for the period 5/6/08 through 6/30/10 to:

Helen A. Bretthauer 708 Michaelson St. N. North Hudson, WI

Kim L. Dugan 702 8^th St. N. Apt A. North Hudson, WI

Robert N. Knefelkamp 1140 Helen Street N. North Hudson, WI

Helen Y. Kwok 712 Woodcrest Drive N. North Hudson, WI

Andrea T. Langer 1302 Third Street Hudson, WI

Wesley J. Timmerman 312 Wildwood Circle Roberts, WI

James G. Worley 2125 55^th Avenue Baldwin, WI

Ayes (4), MOTION CARRIED.

Applications for Fireworks Paraphernalia Seller’s Permits: Mayor Knudson reported that the Finance Committee recommended approval for the fireworks seller’s permits. It was noted that all of the applicants had previously been licensed in the City. MOTION by Morrissette, second by Brokaw, to approve issuance of Fireworks Paraphernalia Sale Permits to the following applicants to sell fireworks from June 15 to July 7, 2008 at the following locations, contingent on their attendance at the required City-sponsored informational meeting:

Applicant Location to sell fireworks

Fleet Farm of Menomonie, Inc. Fleet Farm, 1001 Industrial St.

Chuck Walker/TNT Fireworks Wal-mart, 2222 Crest View Drive

Chuck Walker/TNT Fireworks Target store, 2401 Coulee Road

Freedom Valu Center #47 Freedom station, 1917 Coulee Road

Freedom Valu Center #30 Freedom station, 210 S. Second St.

North Hudson Ventures, Inc. 1800 Crest View Drive

Denny Darnold answered questions about signage and noted that before the permits are issued, the applicants needed to attend an informational meeting with a representative from the Police Department, Planning and Zoning, and the Fire Department. The applicants would be notified when the meeting is scheduled. All ayes (5), MOTION CARRIED.

Review of St. Croix E.M.S. financial and contracts: Finance Officer Betty Caruso provided a corrected financial report for St. Croix E.M.S. She shared information on the changes in the level of service that is offered. It was also noted that when the rates increase, so do the amount of the write-offs. Information was shared regarding a projection of the funds for 2008. Discussion was held regarding the ambulance service contracts with area municipalities, and that a quarterly report be shared with the other governmental bodies. Ms. Caruso noted that the per capita rate currently covered their expenses but needed to be watched, and may need to be changed in the future. It was noted that in other areas, some municipalities pay $25 per capita for ambulance service.

Request for co-sponsorship/funding of Miss Hudson Pageant: Mayor Knudson noted that the Finance Committee recommended up to $4,000 from residual Room Tax dollars to update the Hudson Float trailer, and that receipts would need to be submitted prior to payment. MOTION by Morrissette, second by Burchill to approve payment of $4,000 for the Hudson float trailer renovation to be funded from 2007 Room Tax revenues, and $2,500 for co-sponsorship of the 2008 Miss Hudson Pageant. All ayes (5), MOTION CARRIED.

Amend 2008 Budget: mayor Knudson stated that the Finance Committee recommended approval of the budget amendment. Finance Officer Betty Caruso explained that there had been changes to the Police Department and IT budgets and that the items had been previously approved, except for some Capital Outlay items. Morrissette questioned the cement work truck for the Public Works Department. O’Malley clarified that the pickup truck was not strictly for cement; it could be used for all types of work projects and would meet the OSHA requirements for an on-board water tank. He stated that the truck would also be used to plow snow.

MOTION by O’Malley, second by Morrissette, to approve the 2008 budget amendment with a 1-ton utility truck for approximately $40,000 to be added to the Capital Outlay account. Additional information was shared regarding repairs that would be needed if the current truck was kept in service, as well as the possibility of purchasing a different truck for $21,495. Public Works Lead Man Tom Zeuli also shared some comments regarding the truck. He explained that it was cheaper for the City to perform the smaller jobs like catch-basins, rather than hiring other contractors. Mayor Knudson stated that the question was whether to amend the 2008 budget or not. Discussion on the purchase of a truck could happen at a future date. O’Malley commented that the truck purchase could be reviewed and advertised for bids later. All ayes (5), MOTION CARRIED.

Devin Willi left the meeting at 7:46 p.m.

Consider new taxi service application: Mayor Knudson stated that an application for a new taxi service had been submitted and the fees were paid. He noted that this application was different from the conceptual request that was heard at the April 21^st Council meeting. Attorney Munkittrick stated that according to Municipal Code, a public hearing date needed to be set. MOTION by O’Malley, second by Bernard, to direct that the Public Hearing notice (for the Taxi Service application of Elijah Omweno, Robert Isaac, and Stephen Momanyi) be worked on by Denny Darnold and Attorney Munkittrick. It was noted that a Class 1 notice would need to be published and the hearing could possibly occur at the June 2^nd Council meeting. The applicants would also be advised of the date and time of the public hearing. All ayes (5), MOTION CARRIED.

Weitkamp Park silo improvements: Mayor Knudson stated that the City’s Procurement Policy was being revised and would be ready for discussion at the next Department Head meeting. He noted that the Weitkamp Park Silo Improvements Project, as submitted, did not meet the current or proposed Procurement Policy methods. He advised that this item be carried over to a future meeting.

Update on Projects: Mayor Knudson noted that the Update Report prepared by Engineer Chuck Schwartz was provided in the packets.

Request for Stipe’s Shows carnival to be held May 8-11, 2008 in Plaza 94 parking lot: MOTION by Burchill, second by O’Malley, to approve the Stipe’s Shows Carnival to be held May 8-11, 2008 in the Plaza 94 parking lot. Ayes (5), MOTION CARRIED.

Easement Agreement with property owner to construct a fence at 70 Coach Light Drive: assistant Building Inspector/Zoning Administrator David Gray explained the request from Amber and Jeremy Hadden to construct a fence within an easement area. MOTION by O’Malley, second by Brokaw, to approve an Easement Agreement with Amber and Jeremy Hadden, 70 Coach Light Drive, to construct two 15-foot sections of fence within an easement area, upon execution of the Agreement. Mr. Gray noted that the Agreement would be recorded at the County Register of Deeds office, and that there would not be any stormwater drainage obstruction. All ayes (5), MOTION CARRIED.

Consider amendment to Municipal Code, Ch. 145, Intoxicating Liquor and Fermented Malt Beverages, §145-18, Delinquent Taxes and Assessments –

Ordinance No. 2-08: City Attorney Munkittrick stated that she had prepared Ordinance 2-08 and explained that the purpose was to bring Hudson’s City Code into conformance with State law prohibiting the issuance of business license permits to applicants or premises that have delinquent taxes, assessments or other claims owed to the City. She noted that the ordinance would repeal Section 145-18(B)(3), which prohibits the issuance of an alcoholic beverage license for unpaid state taxes. Ms. Munkittrick added that this should be amended to be consistent with State law. She noted that Ordinance 2-08 would also amend Section 145-16 to add the word “non-renewal” and to provide notice and hearing of the non-renewal, as required under Wis. Stats. 125-12. She advised that the current applicants have been notified of outstanding debt to the City, as part of the alcoholic beverage license renewal process.

MOTION by O’Malley, second by Morrissette, to suspend the rules toward adoption of Ordinance 2-08. Roll call vote, all ayes (5), MOTION CARRIED. MOTION by O’Malley, second by Morrissette, to adopt the following:

Ordinance no. 2-08

AMEND CH. 145-18(B)(3) AND 145-16(a)

RE: ALCOHOL BEVERAGE LICENSE AND DELINQUENT TAXES & CLAIMS

(Copy on file in Clerk’s office)

All ayes (5), MOTION CARRIED.

Consider amendments to Municipal Code (Chapters 124-8 B; 184-2 F, 220-4, and 96-1 B) to prohibit issuance of business license permits to applicants with delinquent taxes, assessments, forfeitures, or other claims to the City – Ordinance No. 3-08: mayor Knudson introduced the topic to consider amending the Municipal Code to prohibit issuance of certain licenses to applicants with delinquent taxes, assessments, or other claims to the City. Attorney Munkittrick advised that to be consistent with Wisconsin case law, she had prepared an ordinance that would amend various business permit sections of the Code to prohibit issuance of specified business licenses if there are delinquent City taxes or other claims owing to the City. She explained that the permits that would be involved were for pawn brokers, second hand dealers, flea markets, taxicabs and amusement devices.

MOTION by O’Malley, second by Morrissette, to conduct a first reading on Ordinance 3-08. All ayes (5), MOTION CARRIED.

Resolution authorizing Ehlers & Associates, Inc. to solicit bids for $2,300,000 G.O. Promissory Notes to finance 2008 capital improvement projects - Resolution No. 5-08: Mayor Knudson noted that the first reading on Resolution 5-08, to authorize soliciting bids for bonds of $2,300,000, was held on April 21^st. It was noted that due to the 2008 budget amendment that was adopted, the amount of bonds would be changed.

Sean Lentz of Ehlers and Associates provided a draft report of the GO Promissory Notes. He explained that the report was prepared using the $2,035,000 amount, but it would be amended to reflect the Council action taken earlier in the evening. He stated that the two parts that would comprise the 2008 bond series would include financing this year’s capital projects and to refinance a portion of the $1,050,000 GO Promissory Note of 2006. He stated that a balloon payment would be due next year and the plan was to refinance half of that amount. The other half would be part of the budget. The notes would be fully repaid over a ten-year period ending in 2018.

A detailed explanation was given regarding the exhibits that were included with the handouts. Additional information was shared regarding the mill rate, levy limits, closing of the TIF District, and that Resolution 5-08 was the first step in the process to begin seeking the bids. Information was provided regarding Moody’s Investors Service and the need to obtain a new bond rating from them. An explanation was given regarding the City’s general obligation borrowing capacity. Mr. Lentz stated that the City has been very conservative in the past regarding their borrowing practices.

Mr. Lentz stated that information about the bid process would be presented to Council on May 19^th and nothing would be final until Council gave their approval.

MOTION by O’Malley, second by Morrissette, to approve the following:

RESOLUTION NO. 5-08

RESOLUTION AUTHORIZING EHLERS & ASSOCIATES, INC. TO SOLICIT BIDS FOR $1,940,000 GO PROMISSORY NOTES, SERIES 2008

(Copy on file in Clerk’s office)

Mayor Knudson commented on bond issues from previous years, how the purchase of park land changed the amount for this year, as well as the possibility of issuing bonds for a $5 million building in 2009. Mr. Lentz explained that a $5 million bond could be repaid on a 20-year plan, and additional annual amounts of $2 million for Capital Projects could be repaid on a 10-year plan.

Information was shared regarding the closing of TIF District #4 and how to best benefit the public, as well as targeting and discussing amounts for future budget concerns. Vote taken: All ayes (5), MOTION CARRIED.

Proclamations re: Police Week, Clerk’s Week, and Letter Carrier’s Food Drive Day: Mayor Knudson read the proclamations regarding Police Week, Municipal Clerk’s Week, and the Letter Carrier’s Food Drive Day.

Reappointment to Community Access Board: Mayor Knudson announced the reappointment of Alderperson Alan Burchill as a voting member of the Hudson/North Hudson Community Access Board, replacing Alderperson Pam Brokaw.

COMMUNICATIONS AND ITEMS FOR FUTURE AGENDAS: O’Malley congratulated Administrator Devin Willi on the recent completion of the DNR grant application.

Morrissette announced that the work being done on Crest View Drive at Heggen Street was to restore Pond #5, not any development.

MOTION by O’Malley, second by Bernard to adjourn. All ayes (5). MOTION CARRIED at 8:26 p.m.

Nancy J. 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.

Dean Knudson, Mayor