CITY OF HUDSON COMMON COUNCIL MEETING

MINUTES OF MONDAY, JUNE 18, 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, Paul Radermacher, Lee Wyland, Scot O’Malley and Alan Burchill.

ABSENT: Alderperson Dennis O’Connell.

OTHERS PRESENT: Catherine Munkittrick, Devin Willi, Betty Caruso, Denny Darnold, Dan Ortner, Tom Zeuli, Andy Smith, Gordon Conard, Randy Hanson, Chad Moe, Eric Butler, Jeff Johnson, Wes Halvorsen, Todd Erskine, Adam Wojciehowski, Dennis Postler, Tom Schumacher, Shane Benoy, Mary Yacoub, and others.

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

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

MINUTES: Approve the Regular Meeting minutes of 6/04/07.

Conditional Use Permit, review of one-year extension review of outside storage for Valley Pools & Spas of Hudson, 1500 Crest View Drive: Approve the continuation of the Conditional Use Permit for the outdoor display area on the north and west sides of Valley Pools & Spas of Hudson, 1500 Crest View Drive, with only one display of pools & spas permitted, a five foot high fence that can be secured enclosing the display area, and review of the permit in three years.

Claims: Approve the following claims for payment:

FUND	DESCRIPTION	PAYABLES	PAYROLL	TOTALS
100	General	334,765.47	129,487.60	464,253.07
280	Park Donations	797.00	0.00	797.00
450	Capital Projects	184,052.45	0.00	184,052.45
610	Sewer	16,899.54	10,628.72	27,528.26
620	Parking Utility	2,093.50	755.86	2,849.36
630	Ambulance	8,824.36	8,926.83	17,751.19
	TotalS	$547,432.32	$149,799.01	$697,231.33

APPLICATIONS FOR OPERATOR’S LICENSES: Approve the issuance of Regular Operator’s Licenses for the period 6/19/07 through 6/30/08 to:

Joshua W. Olson W1424 Townhall Rd Springbrook, WI

And the issuance of regular Operator’s Licenses through 6/30/09 to:

Cheryl A. Belisle 484 Baer Drive Hudson, WI

Sara Fuentes 745 Hallstrom Drive Red Wing, MN

Jana Le Gaffer 342 Co. Rd. F Hudson, WI

Tyrrell J. Gaffer 1027 7^th Street Hudson, WI

Connie M. Gove 1330 Cty Rd. V Hudson, WI

Michael S. Herrem 2489 D Dawes Place River Falls, WI

Donald R. Kinckerbocker 817 6^th Street Hudson, WI

Jessica J. McDonald 4615 Heather Way N Oakdale, MN

Chad R. Moe 317 Day Farm Road Hudson, WI

Frank A. Mooth 818 10^th Street Hudson, WI

Jeffery T. Richie 499 8^th Street Hudson, WI

Ryan D. Smalley 301½ N. 4^th Street River Falls, WI

Lori J. Stayberg 1373 129^th Street New Richmond, WI

Anne M. Wasmund 2017 Stonepine Avenue Hudson, WI

And the issuance of a Temporary Operator’s licenses to be used June 28 to July 1, 2007 during Hudson Booster Days to:

Joel W. Eby 943 Ridge Pass Hudson, WI

Gregory A. Mahr 1249 80^th Street Hudson, WI

Jerry L. McKenzie 1262 27^th Street Hudson, WI

Scott A. Newell 858 McDiarmid Drive Hudson, WI

Cornerstone Church request for handicapped parking space at 1024 Fourth Street: Approve the request of Cornerstone Church for a handicapped parking space to be installed in front of their church at 1024 Fourth Street.

Deny stenciled painting of parking permit stalls in Williams parking lot: Deny the stenciled painting of parking permit stalls in the Williams parking lot (behind the Public Safety Building).

Review quotes and consider awarding contract for Birkmose Park Trail Improvements Project: Approve the $7,930 quote from Environmental Landscape Management, Inc., 575 Schommer Drive, Suite D, Hudson, WI, for the Birkmose Park Trail Improvements Project.

Concrete ramp at Corky’s Pier boat launch – Lake Mallalieu: Approve the $11,500 bid from Bailey Construction, Stillwater, MN to construct a concrete boat ramp at Corky’s Pier/boat launch at Lake Mallalieu.

REPORTS OF CITY OFFICIALS, BOARDS, COMMISSIONS: Place on file the Public Utility Commission minutes of 6/12/07, the Joint Library Board minutes of 5/14/07, and the Plan Commission and Council joint meeting minutes of 5/31/07.

Roll call vote, ayes (5) MOTION CARRIED.

minutes: it was noted that the Closed Session minutes of June 4, 2007 would be considered at the July 16^th Council meeting.

Utility Box for Lakefront Park Irrigation System: Wyland requested additional information regarding the proposed utility box cover at Lakefront Park. He requested the Park Board to reconsider the size, appearance and location of the box. Discussion was held regarding the possibility and costs for such a move. The need to have the controls secured was also noted. MOTION by Morrissette, second by Radermacher to approve the $3,982.00 quote from B & B Electric, Inc., 1303 Western Avenue, Eau Claire, WI, for installation of a stainless steel lockable cabinet to secure the irrigation system controls in Lakefront Park. Additional discussion included the suggestion to add some landscaping to the site, the lines leading to the box, and Wyland’s recommendation for further review by the Park Board. Ayes (3); Wyland and O’Malley voted no. MOTION CARRIED.

Request for Aquapalooza event on Dike Road, Saturday 7/28/07, Noon to 5:00 p.m.: MOTION by Radermacher, second by Wyland to approve the Marine Max “Aquapalooza” event on Saturday, July 28, 2007 from Noon to 5:00 p.m. in Lakefront Park, using the Bandshell, a 60-foot boat moored on the south side of the Dike Road, and food and games tent at the end of the dike. It was noted that the food and drinks would be given away, and no alcohol would be included. Ayes (5), MOTION CARRIED.

Final development plans, Kinder Care Learning Ctr., 2600 Center Dr. – Kernon Bast: Denny Darnold explained that the Plan Commission recommended approval, and also noted that a letter was received from Hudson Chrysler to allow grading onto their property. MOTION by Burchill, second by O’Malley, to approve the final development plans for the Kinder Care Learning Center, 2600 Center Drive, contingent on the plan amendment per the City Engineer recommendations, and sign off by Ban Tara, LLC regarding architectural review and acceptance. Ayes (4); Morrissette voted No. MOTION CARRIED.

Conditional Use Permit for a beauty shop/hair salon at 1294 Hosford Street, in I-1 Light Industrial District – Footwedge Partners, LLP/Kevin VancE: burchill recused himself from this item. Denny Darnold stated that the Plan Commission recommended approval, with a limit on the number of work stations and review of the permit after one year. MOTION by Radermacher, second by Morrissette to approve a Conditional Use Permit to Footwedge Partners, LLC for a beauty shop/hair salon at 1294 Hosford Street, with the condition that the business be limited to four work stations, and review of the permit one year after issuance of a certificate of occupancy. Ayes (4), MOTION CARRIED.

Certificate of compliance for office, showroom, retail, & warehouse facility for a flooring sales facility at 1719 Coulee Road – Erskine Floors/Todd Erskine: Denny Darnold reported that the Plan Commission recommended approval and explained why a Certificate of Compliance was necessary. O’Malley questioned the storage of solvents and hazardous chemicals. Todd Erskine replied with a detailed plan stating that the chemicals at the facility would be kept to a minimum. MOTION by O’Malley, second by Radermacher, to approve a Certificate of Compliance for an office, retail, showroom and warehouse flooring installation business at 1719 Coulee Road, as proposed by Todd Erskine. All ayes (5), MOTION CARRIED.

Applications for renewal of liquor licenses for the period 7/1/07 to 6/30/08 (The Nova, Buffalo Wild Wings, and Sharon-Horne Ellstrom LLC): Attorney Munkittrick advised that the renewal for the applications should be addressed separately.

MOTION by O’Malley, second by Wyland, to approve the renewal and issuance of a "Class B" Liquor & "B" Beer license for the period 7/1/07 through 6/30/08 to The Nova of Hudson LLC d/b/a The Nova, 236 Coulee Road, Suite B, Hudson, WI.

All ayes, (5), MOTION CARRIED.

MOTION by Morrissette, second by O’Malley, to approve the renewal and issuance of a "Class B" Liquor & "B" Beer license for the period 7/1/07 through 6/30/08 to Hudson Spirits, LLC d/b/a Buffalo Wild Wings at 913 Pearson Drive, Hudson, WI. All ayes (5), MOTION CARRIED.

MOTION by Burchill, second by Morrissette, to approve the renewal and issuance of a "Class B" Liquor & "B" Beer license for the period 7/1/07 through 6/30/08 to Sharon Horne-Ellstrom LLC d/b/a Stucci’s Italian Food & Spirits, 417 Second Street, Hudson, WI. Attorney Munkittrick clarified that the issue regarding the Wisconsin Seller’s Permit had been resolved. Morrissette questioned whether the business was open or not. Attorney Munkittrick reminded that, according to Municipal Code, Chapter 145-12(f), the Council could cancel a license if the business was discontinued or not open for a period of 90 consecutive days or more. Discussion was held concerning the amount of time that the restaurant has been closed. It was requested that the City Administrator and Police Chief document the dates and continue to monitor the situation for compliance. Ayes (4); O’Malley voted No. MOTION CARRIED.

Application of MOBU LLC for Class A Liquor and Class A Beer license d/b/a Hudson Liquor at 1810 Webster Street: motion by O’Malley, second by Burchill, to approve issuance of a "Class A" Liquor & "A" Beer license to MOBU LLC d/b/a Hudson Liquor at 1810 Webster Street, Hudson, WI. Morrissette recused himself. (A renewal license had been approved for Hudson Warehouse Liquor at the address for the same period and would need to be surrendered.) Ayes (4), MOTION CARRIED.

Review bids submitted and consider purchase of 12-foot plow and wing equipment for Public Works Department: Public Works mechanic Dan Ortner provided information regarding the bid received for the purchase of plow and wing equipment for the 1992 Case wheel loader. MOTION by O’Malley, second by Radermacher to approve the purchase of a Henke 12-foot plow and 10-foot wing equipment, plus couplers from Miller-Bradford & Risberg, Eau Claire, WI, in the total amount of $30,771.00. It was noted that the equipment would make all the attachments interchangeable between the loaders. All ayes (5), MOTION CARRIED.

Consider Budget amendment for repairs to the Bathhouse roof in Lakefront Park: motion by Radermacher, second by O’Malley, to approve a budget amendment of $12,500 to fund emergency repairs to the roof of the Bathhouse building in Lakefront Park, as recommended by the Finance Committee. Wyland questioned the estimated cost. Mayor Breault noted that the roof was leaking and a contractor already on site was able to complete the repairs immediately. He noted that City Staff also monitored the repair work, which involved some plywood replacement and new asphalt shingles. Mayor Breault also complimented the Bathhouse Residing Project, as well. All ayes (5), MOTION CARRIED.

Consider possible transfer of funds from River Walk Shelter Project to Lakefront Park Seawall Expansion Project: City Attorney Munkittrick requested this item be removed from the agenda.

Consider possible funding sources for (a) Nye and Aldrich Storm Sewer Project, (b) Triple left-hand turn on Crest View Drive to Carmichael Road, and (c) Turn lane at 11^th Street and Coulee Road intersection: Finance Officer Betty Caruso suggested that the plans and designs be reviewed, and then funding could be determined.

Bonestroo Engineer Dennis Postler presented information, including the need for a Public Hearing regarding the special assessments involved with the Nye and Aldrich Storm Sewer Project. He also noted that the plans and specifications were complete for the triple left-hand turn lane on Crest View Drive to Carmichael Road, and the turn lane at the 11^th and Coulee Road intersection. Mayor Breault noted that the triple-left hand turn lane should have the highest priority, then 11^th and Coulee Road, and after that the Nye and Aldrich project. He also noted the desire for funds to be found for all three projects.

Betty Caruso shared additional information regarding estimated project costs and proposed funding for each project. She stated the Crest View Drive/Carmichael Road Project was approximately $13,000 short, but could be funded by the Public Works fund which has an accumulated balance due to interest earnings on set aside funds for projects and unused balances from various projects. She also noted that the 11^th & Coulee Road had a shortfall of $25,800, which could be funded from the same fund. Additional discussion was held regarding approval of the projects and the need for a public hearing for the special assessments involved with the Nye/Aldrich project. The Nye and Aldrich project would be funded by special assessments with the balance of $65,000 coming from the storm sewer manhole rehab program.

MOTION by Radermacher, second by O’Malley, to approve the plans for the Nye and Aldrich Storm Sewer Project, the Triple left-hand turn on Crest View Drive to Carmichael Road, and the Turn lane at 11^th Street and Coulee Road intersection, and to proceed with all three of the foregoing projects, contingent on funding being in place, and scheduling a public hearing. All ayes (5), MOTION CARRIED.

Application of Westin, Inc. d/b/a Hotel Dibbo for renewal of liquor license: mayor Breault noted that this item would be discussed during Closed Session.

Review cost estimates & consider installing hand rail at Bathhouse parking lot: Radermacher stated that the Public Safety Committee recommended the installation of a handrail at the Bathhouse Parking lot near the walking trail (adjacent to the sidewalk on First Street). MOTION by Radermacher, second by Morrissette, to proceed with the installation of a hand rail in the Bathhouse Parking lot, with the approximate cost of $2,200.00 to come from the Contingency Fund. Mayor Breault addressed the issue of the need for committees to bring their recommendations to the Council for consideration and funding, before taking action. All ayes (5), MOTION CARRIED.

Mutual Aid Service Agreement: o’Malley explained that the Agreement was modeled after a similar agreement between the Hudson Fire Department and other area municipalities. He noted that each municipality would be responsible for their personnel and equipment, no matter where the emergency occurred. He stated that the Water Utility, Sewer Department and Public Works Department had approved, as well as most of the municipalities involved. MOTION by O’Malley, second by Burchill, to authorize Mayor Breault to execute the Municipal Water, Sewer and Public Works Mutual Aid Service Agreement, as presented. Ayes (5), MOTION CARRIED.

Update on projects: Engineer Dennis Postler presented an update that included the tentative bid opening date of July 12^th for the Crest View Drive/Carmichael Road triple turn project and the Coulee Road/11^th Street project. Additional information will be presented at the July 16^th Council meeting. He also noted that a pre-construction meeting regarding the River Crest Elementary School would take place on Tuesday, June 19, 2007.

Update on health insurance options: City Administrator Devin Willi provided an update on health insurance issues. He noted that staff members from Representative Rhoades and Senator Harsdorf’s offices indicated they would research and get back to him about the City’s request regarding claims data. Radermacher questioned the timetable. Mr. Willi noted that any changes would have to be completed and agreed to by the union prior to the State’s October 1^st deadline for renewal of the current plan. He was also preparing cost estimates of possible savings using various employee contribution amounts.

Consider possible ordinance re: engine braking restrictions: Ms. Mary Yacoub, 154 Dunberry Pass, indicated her concern for the noise of engine braking from trucks in the industrial park area. Police Chief Andy Smith stated that he spoke to others in the business park and they agreed that the noise was loud and there was no need for it to happen there. MOTION by Wyland, second by Radermacher, to authorize the City Attorney to draft an ordinance regarding engine braking restrictions. Discussion included information that signs would need to be posted and enforcement would include making the businesses aware that they would have to notify their vendors. Discussion was held concerning the noise from trucks in other areas of the City. All ayes (5), MOTION CARRIED.

Request of St. Croix E.M.S. to install rope rescue equipment in Weitkamp Park: ems operations Supervisor Wes Halvorsen spoke regarding the request to install rope rescue equipment in Weitkamp Park. He noted that the YMCA facilities have been used, but are not convenient. He explained the design of the proposed tower and platform. Additional information was shared regarding insurance coverage and alternative sites. Mr. Halvorsen noted the proximity to the Hanley Road rock cliffs would also enhance their training sessions. MOTION by Wyland, second by O’Malley, to approve the installation of the rope rescue tower in Weitkamp Park, as requested by St. Croix E.M.S. Mr. Halvorsen provided background information regarding the Rope Rescue Team and the need for training of E.M.S. personnel. He also pointed out methods for securing the tower to prevent unwanted use. Additional discussion included the request for the Police Chief to review the proposal and provide his approval. Ayes (4); Morrissette voted No. MOTION CARRIED.

Rezone property at 109 Second Street from B-3 Central Business and I-1 Light Industrial, to B-3, Central Business – Ordinance No. 8-07: MOTION by Radermacher, second by O’Malley, to conduct a first reading on Ordinance No. 8-07. All ayes (5), MOTION CARRIED.

Final Resolution re: special assessments for 2007 Sidewalk, Curb & Gutter Replacement Project – Resolution No. 13-07: motion by O’Malley, second by Radermacher, to suspend the rules toward adoption of Resolution No. 13-07. All ayes (5), MOTION CARRIED. motion by O’Malley, second by Burchill, to adopt the following:

resolution no. 13-07

Final Resolution re: 2007 Sidewalk, Curb & Gutter Special Assessments

(Copy on file in Clerk’s office and attached)

It was noted that an adjustment to the Assessment Roll would be made concerning 726 Eighth Street, as noted during the Public Hearing. Discussion was held regarding the desire to provide an explanation of the assessment calculation formula with the mailing to the property owners. Ayes (5), MOTION CARRIED.

Preliminary Resolution re: special assessments for 2007 Aldrich Avenue Curb & Gutter Replacement Project – Resolution No. 14-07: motion by O’Malley, second by Morrissette, to suspend the rules toward adoption of Resolution No. 14-07. All ayes (5), MOTION CARRIED. motion by O’Malley, second by Morrissette, to adopt the following:

resolution no. 14-07

Preliminary Resolution re: 2007 Aldrich Avenue

Curb & Gutter Project Special Assessments

(Copy on file in Clerk’s office and attached)

Denny Darnold called attention to the need for a public hearing and recommended the possible date of July 16, 2007. All ayes (5), MOTION CARRIED.

Old Hwy. 35/Stageline Rd. intersection design: single lane roundabout or 4-way stop with left turn lanes: denny Darnold presented information concerning the recommendation for a single lane, modern roundabout intersection. He stated that City Staff and DaMe Properties prefer that method because of the safety, higher efficiency for traffic volume, and less overall maintenance costs, since stoplights would not be necessary. It was noted that the Town of Hudson prefers to have the intersection designed as a four-way stop, with left turn lanes. Discussion was held regarding the possibility of a need for stop lights in the future.

Tom Schumacher shared his concern for a delay if a decision is not reached between the City and the Town of Hudson. Discussion was held regarding the jurisdiction of the property. MOTION by O’Malley, second by Wyland, to approve a single lane roundabout to be used at the intersection of old Highway 35 and Stageline Road. Lengthy discussion was held concerning possible delays of the project as well as who would be responsible for jurisdiction of the intersection. MOTION AMENDED by O’Malley, second by Wyland, to include that the City does not desire to take over jurisdiction of the intersection. Clarification was given that the City would not take jurisdiction of the intersection if the Town of Hudson does not agree to have the one-lane modern roundabout in place. All ayes (5), MOTION CARRIED.

COMMUNICATIONS AND ITEMS FOR FUTURE AGENDAS: Mayor Breault asked if Council wanted to hold a Council meeting on July 2^nd. He requested authorization for the Mayor, City Administrator and Finance Officer to approve the regular bill payments, as has been done in the past. MOTION by O’Malley, second by Radermacher, that, unless deemed otherwise by City Staff, the July 2^nd Council meeting would be cancelled and the Mayor, City Administrator, Finance Officer and City Clerk are authorized to conduct City business as usual.

Denny Darnold stated that a public hearing for overlay district in the downtown area was advertised for July 2^nd, but he could reschedule it to the July 16^th meeting. Mayor Breault stated that if an emergency occurred, a July 2^nd meeting could be considered. All ayes (5), MOTION CARRIED.

Convene into Closed Session pursuant to §19.85 (1)(e) and §19.85 (1)(g), Wis. Stats. to deliberate regarding Lakefront Park Seawall Project contract negotiations, and to confer with legal counsel concerning litigation in which the City is likely to become involved regarding the Lakefront Park Seawall Project contract; and §19.85(1)(d), Wis Stats., to consider strategy for crime detection or prevention regarding the renewal of alcoholic beverage license of Westin, Inc. d/b/a Hotel Dibbo: motion by O’Malley, second by Wyland, to Convene into Closed Session pursuant to §19.85 (1)(e) and §19.85 (1)(g), Wis. Stats. to deliberate regarding Lakefront Park Seawall Project contract negotiations, and to confer with legal counsel concerning litigation in which the City is likely to become involved regarding the Lakefront Park Seawall Project contract; and §19.85(1)(d), Wis Stats., to consider strategy for crime detection or prevention regarding the renewal of alcoholic beverage license of Westin, Inc. d/b/a Hotel Dibbo. Roll call vote, all ayes (5), MOTION CARRIED – 8:20 p.m.

Reconvene into Open Session for possible action re: Lakefront Park Seawall Project and renewal of alcoholic beverage license of Westin, Inc. d/b/a Hotel Dibbo: MOTION by O’Malley, second by Radermacher, to reconvene into Open Session for possible action re: Lakefront Park Seawall Project contract and the renewal of alcoholic beverage license of Westin, Inc. d/b/a Hotel Dibbo. All ayes (5), MOTION CARRIED – 9:12 p.m.

MOTION by O’Malley, second by Radermacher, to adjourn at 9:12 p.m. All ayes (5). 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

Date approved

by Council: