CITY OF HUDSON COMMON COUNCIL

MEETING MINUTES OF AUGUST 4, 2008

Meeting called to order by Mayor Dean Knudson in the Council Chambers of City Hall at 7:00 p.m. Mayor Knudson led those present in the Pledge of Allegiance.

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

OTHERS PRESENT: Devin Willi, Catherine Munkittrick, Betty Caruso, Chuck Schwartz, Marty Jensen, Phil Dommer, Randy Lau, Pat Casanova, Mark Daly, Randy Hanson, Terry Pirius, Tom Zeuli, Mary Yacoub, and others.

COMMENTS AND SUGGESTIONS FROM CITIZENS PRESENT: Mayor Knudson called for comments and suggestions from citizens present; none were given.

Mayor Knudson asked for Council input on whether to recess to Lakefront Park to view the retaining wall project and possibly take action, as noted on the agenda under “Unfinished Business.” He stated the need to proceed to the park before dark, if desired. It was discussed that Council members had visited the area. Bernard stated her support for the Council to view the project, as a group. Mayor Knudson stated that the Unfinished Business, Update on Projects item would be moved to the end of the agenda.

CONSENT AGENDA: MOTION by Morrissette, second by O’Malley, to approve the following Consent Agenda items:

MINUTES: Approve the Regular Meeting minutes of 7/21/08.

Certified Survey Map for one residential lot, NW¼, NE¼, Section 8, T28N R19W, Town of Troy (Extraterritorial Subdivision Review) – Phil/Julia Cernohous: Approve the one-lot Certified Survey Map to create one one-family residential lot in the Town of Troy, as proposed by Phil and Julia Cernohous.

Claims: Approve the following claims for payment,

FUND	DESCRIPTION	PAYABLES	PAYROLL	TOTALS
100	General	221,177.20	168,786.49	389,963.69
450	Capital Projects	54,500.75	0.00	54,500.75
610	Sewer	15,035.42	9,534.17	24,569.59
620	Parking	268.31	1,137.89	1,406.20
630	Ambulance	13,143.69	25,981.30	39,124.99
860	Tax Agency	1,594.03	0.00	1,594.03
	TOTALS	$305,719.40	$205,439.85	$511,159.25

Request to use Election Inspectors to assist with absentee voting for the November presidential election: Approve the hiring of two Election Inspectors to assist with voting-related activities for the Presidential Election, and authorize a budget amendment to transfer the funding from the Clerk/Treasurer's budget to the Election budget.

Easement Agreement for a fence, Tamara Bartlett, 70 Meadowlark Drive: Approve the request of Tamara Bartlett to construct a fence within an easement area at 70 Meadowlark Drive, upon execution of the Easement Agreement.

Easement Agreement for a fence, Greg & Renee Raffaeli, 7 Nicholas Way. Approve the request of Greg and Renee Rafaeli to construct a fence within an easement area at 7 Nicholas Way, upon execution of the Easement Agreement.

REPORTS OF CITY OFFICIALS, BOARDS, COMMISSIONS: Place on file the Public Utility Commission minutes of 7/22/08, the Zoning & Building Board of Appeals minutes of 9/4/07, and the quarterly reports of the Fire Chief, Library Director and Building Inspector.

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

Certified Survey Map, one lot for multiple-family residential development on Heritage Blvd., part of Section 33, City of Hudson, Heritage Greens planned residential development – Bieneman Farm, LLC: Mayor Knudson announced that the Plan Commission and staff recommended approval of the Certified Survey Map, with the conditions noted on the issue sheet. MOTION by Morrissette, second by O’Malley, to approve the one-lot Certified Survey Map to create one multiple-family lot (3.01 acres) on Heritage Boulevard, as proposed by Bieneman Farm, LLC for the development of the Heritage Cottages senior housing project, with the following conditions:

a. the revised plans for the Heritage Boulevard street and utilities project, as agreed to by the City Engineer and Water Utility Director, be submitted the week of 8/4/08.

b. A Development Agreement be prepared by the City Attorney and executed by Bieneman Farm LLC and the City of Hudson prior to the filing of the CSM. A letter of credit be provided as surety for the required street and utilities improvements, including street, curb and gutter, boulevard plantings including trees, sidewalks, street lights and sanitary sewer, water and storm water utilities, in the amount of 125% of the estimated costs of the improvements, with cost estimate to be reviewed and approved by the City Engineer for inclusion in the Development Agreement.

Discussion was held regarding the location of the CSM. It was noted that the area did not include parcels 11 and 12 discussed at a previous meeting. Phil Dommer spoke on behalf of Bieneman Farm and stated that the facility would be a 24-unit senior cottage housing project north of the pond near Highway 35. He also stated that the area was not discussed at the July 21^st meeting with the request to amend the Conditional Use Permit. He stated this portion was approved in April and had always been zoned multi-family. A request was made to relate the areas to the lot numbers that were discussed on July 21^st.

O’Malley requested a notation in the minutes that Council be notified of the exact acreage of all future CSMs to assure that they conform to the exact acreage as approved and verified by Denny Darnold in the development plan adopted at the July 21^st Council meeting. He explained that since the lot lines have not been locked down by CSMs, they would be able to note the size of the parcel and maintain that size.

Mayor Knudson reviewed that this parcel was not discussed at the last meeting and the density now would be less than originally presented. He also expressed concern for the movement of the lot lines, but noted it would be a mistake to lock in lot lines everywhere in the project, but it would be wise to lock in the lot lines for parcels 1 and 2. Vote taken: All ayes (6), MOTION CARRIED.

Certified Survey Map, three lots for multiple-family/commercial development on Heritage Blvd. extension, part of Section 33, City of Hudson, Heritage Greens planned residential development, Bieneman Farm, LLC: mayor Knudson stated this CSM dealt with commercial development and that some lot lines had changed. Lot 1 (P12) was larger (2.50 acres), and Lot 2 (P11) was smaller (2.09 acres), but the combined area was the same. Lot 3, (1.89 acres) did not change. MOTION by Burchill, second by O’Malley, to approve the three-lot Certified Survey Map proposed by Bieneman Farm, LLC, with the following conditions, and that the building square footage area for Lots 1 and 2 be the same as agreed to for parcels P12 and P11, as previously reviewed by the Common Council:

a. the revised plans for the Heritage Green Boulevard street and utilities project, as agreed to by the City Engineer and Water Utility Director, be submitted the week of 8/4/08.

b. A Development Agreement be prepared by the City Attorney and executed by Bieneman Farm LLC and the City of Hudson prior to the filing of the CSM. A letter of credit be provided as surety for the required street and utilities improvements, including street, curb and gutter, boulevard plantings including trees, sidewalks, street lights and sanitary sewer, water and storm water utilities, in the amount of 125% of the estimated costs of the improvements, with cost estimate to be reviewed and approved by the City Engineer for inclusion in the Development Agreement.

c. A development plan for the Harmony Green area be submitted for approval with a cost estimate before or within 30 days of filing the CSM; and upon approval of the Harmony Green development plan, Bieneman Farm LLC shall provide a letter of credit in the amount of 125% of the estimated construction costs. The Harmony Green development plan approval, and the provision of a surety may be incorporated into the street and utilities plans for Heritage Boulevard street and utilities project, if Bieneman Farm LLC desires to do it that way.

d. A development plan to be submitted for approval of the Market Green commercial square, and cost estimate for the proposed improvements to be provided within 90 days of filing of the CSM; and upon approval of the plan, Bieneman Farm LLC will provide a surety of 125% of the estimated construction costs. Construction of the Market Green commercial square shall be completed on or before July 1, 2009, or the City may draw on the surety to complete the project.

Discussion was held on changes to P1 or P2, and it was explained that they would be dealt with as part of a future agenda item. All ayes (6), MOTION CARRIED.

Final development plans for Heritage Cottages, 24 senior apartments, Heritage Greens planned residential development – Gerrard Corporation: mayor Knudson indicated the staff and engineering recommendations. Bonestroo Engineer Chuck Schwartz offered clarification that the Heritage Boulevard 2008 construction including sewer, water and streets, needed to be built in order to serve this development. MOTION by O’Malley, second by Burchill, to approve the final development plans by Gerrard Corporation for the Heritage Cottages 24-unit senior housing development on Heritage Boulevard, with the following conditions:

a. Revised engineering plans to be approved by the City Engineer and Water Utility Director.

b. Prior to occupancy, approval of roadway access to the site from Fire Dept, EMS, and the Building Inspector.

c. Utility easements to be provided to the City within 60 days of the filing of the CSM for water and storm water utilities.

Mr. Schwartz clarified that it did not need to be built prior to approval, but contingent on providing those services and getting the road built, including water and sewer service. It was noted that the Certificate of Occupancy would not be issued without the services being completed. All ayes (6), MOTION CARRIED.

Applications for Operator’s Licenses: Morrissette recused himself. Mayor Knudson reported that the Finance Committee recommended approval of three applications. MOTION by O’Malley, second by Wyland, to approve the issuance of regular Operator’s Licenses for the period 8/5/08 to 6/30/10 to:

Mary A. Bee 988 166^th Street Hammond, WI

Larry R. Joachim 1141 173^rd Avenue New Richmond, WI

Amber J. Swanson 2442 Davis Place, Unit H River Falls, WI

ayes (5), MOTION CARRIED.

mayor Knudson stated that the Police Chief and the Finance Committee recommended denial of the application submitted by Catherine M. Williams, and based on multiple violations involving alcohol, as noted under Wis. Stats. § 125.04 (5)(a)-1 and 125.04(5)(b). MOTION by O’Malley, second by Wyland to deny the issuance of an Operator’s License to Catherine M. Williams, W12358 694^th Avenue, Prescott, WI, as recommended by the Finance Committee. Ayes (5), MOTION CARRIED.

Resolution providing for the Partial Defeasance and/or Redemption of Outstanding Obligations of the City of Hudson, Wisconsin, relating to Tax Incremental District #4 – Resolution No. 11-08: Mayor Knudson stated that the Finance Committee recommended adoption of Resolution No. 11-08. MOTION by Wyland, second by O’Malley, to suspend the rules toward adoption of Resolution No. 11-08. Roll call vote, all ayes (6), MOTION CARRIED. MOTION by Morrissette, second by O’Malley, to adopt the following:

RESOLUTION NO. 11-08

PROVIDING FOR THE PARTIAL DEFEASANCE AND/OR REDEMPTION OF OUTSTANDING OBLIGATIONS OF THE CITY OF HUDSON, WISCONSIN,

RELATING TO TAX INCREMENTAL DISTRICT NO. 4

(Copy on file in Clerk’s office)

Mayor Knudson asked whether there were any objections. None were noted. Ayes (6), MOTION CARRIED.

Approve bid and award contract for Sidewalk, Curb & Gutter Replacement Project: mayor Knudson noted the need for another public hearing notice and to postpone the item to a future agenda.

Review and consider approving job description for Administrative Assistant position in Police Department, and consider reclassifying employee from Records Clerk III to Administrative Assistant: motion by Burchill, second by Wyland, to approve the job description for the Administrative Assistant position and reclassifying the employee from Records Clerk III to Administrative Assistant, as recommended by the Police Chief and Finance Committee. All ayes (6), MOTION CARRIED.

Consider funding sources for possible revisions to Lakefront Park Retaining Wall Project: mayor Knudson stated that the Finance Committee recommended funding for revisions to the Lakefront Park retaining wall project from the excess money available from the Phase III portion of the project, and up to $5,000 from the Prospect Park landscaping project. MOTION by Wyland, second by O’Malley, that based on the option chosen, revisions to the Lakefront Park retaining wall project should be funded from excess Lakefront Park project money, and up to $5,000 from the Prospect Park Project excess funds. Mayor Knudson clarified that this would not be a decision on the plan, just a source of possible funding.

Attorney Munkittrick advised rechecking the amount that might be needed. Discussion was held regarding the possible costs. MOTION AMENDED by Wyland, second by O’Malley to state that funding beyond the $20,000 (from Lakefront Park project funds) would come from excess Prospect Park project funds. Vote on amended motion: All ayes (6), MOTION CARRIED.

2008 Sidewalk, Curb & Gutter Replacement Project (as revised) – Final Resolution No. 10-08 re: Special Assessments: mayor Knudson announced that this item would be postponed until a future meeting.

Consider placement of bicycle racks in downtown Hudson, donated from River Valley Trails (Refer to Public Works Committee and Park Board.): MOTION by O’Malley, second by Wyland to refer to the Public Works and Park Board the request of River Valley Trails to place donated bicycle racks in downtown Hudson. All ayes (6), MOTION CARRIED.

Consider changing second Council meeting in September from 9/15 to 9/22/08: Mayor Knudson shared information regarding the deadline for adding Library referendum questions to the November ballot. He noted the last day for Council action would be September 22^nd, and suggested that the second Council meeting in September be moved from September 15^th to September 22^nd. MOTION by Bernard, second by O’Malley, to move the September 15, 2008 Council meeting to September 22, 2008. All ayes (6), MOTION CARRIED.

Update banking depository resolution – Resolution No. 12-08: Mayor Knudson introduced Resolution No. 12-08. motion by O’Malley, second by Morrissette, to suspend the rules toward adoption of Resolution No. 12-08. Roll call vote, all ayes (6), MOTION CARRIED. MOTION by O’Malley, second by Wyland to adopt the following:

RESOLUTION NO. 12-08

AUTHORIZING DEPOSIT AND WITHDRAWAL OF CITY MONIES

(Copy on file in Clerk’s office)

Burchill questioned the names of the financial institutions listed; it was noted that two banks were the same financial institution (addresses in both Hudson and Green Bay). All ayes (6), MOTION CARRIED.

Borrowing resolution required by Associated Bank – Resolution No. 13-08: Mayor Knudson announced Resolution No. 13-08 and stated that it was a routine requirement from the bank. MOTION by O’Malley, second by Bernard to suspend the rules toward adoption of Resolution No. 13-08. Roll call vote, all ayes (6), MOTION CARRIED. MOTION by O’Malley, second by Wyland, to adopt the following:

RESOLUTION NO. 13-08

BORROWING RESOLUTION WITH ASSOCIATED BANK

(Copy on file in Clerk’s office)

Discussion was held regarding the number of authorized signatures that would be required for the transactions. Attorney Munkittrick advised that the resolution could be changed to any two of the three authorized signatures, instead of all three. MOTION AMENDED by O’Malley, second by Wyland, to include that the wording on line five be changed to “any two (2)” of the signatures needed from the named officers. Vote taken on MOTION, AS AMENDED, ayes (6), MOTION CARRIED.

Appointments to Board of Zoning Appeals and Hudson Housing Authority: Mayor Knudson announced his appointment of Mary Senkus to fill the remainder of the term on the Zoning Board of Appeals vacated by Regina Herron. He noted that Mary Yacoub has agreed to fill the remainder of the term for Mary Senkus as Second Alternate. He also noted his desire to reappoint Jim Steel to another term on the Hudson Housing Authority, and requested confirmation of his appointments.

MOTION by O’Malley, second by Bernard, to confirm Mayor Knudson’s appointment of Mary Senkus, 139 Stratford Way, to fill the remainder of Regina Herron’s three-year term on the Board of Zoning Appeals, through April of 2009; and Mary Yacoub, 154 Dunberry Pass, as Second Alternate to the Board of Zoning Appeals through April of 2010; and confirm the reappointment of Jim Steel, 1032 Fourth Street, to another five-year term on the Housing Authority through July of 2013. All ayes (6), MOTION CARRIED.

COMMUNICATIONS AND ITEMS FOR FUTURE AGENDAS: Bernard requested an agenda item concerning the lot lines for Heritage Greens development, concerning P1 and P2.

Administrator Willi announced that meeting will be held the week of August 18^th for employees to meet with representatives from Associated Financial Group regarding the completion of their health questionnaires. He explained that most providers want health information that is less than 90 days old. Bernard requested a timeline for the process.

Review options/costs for possible revisions to Lakefront Wall Project. MOTION by O’Malley, second by Wyland, to approve the recommendation of Bonestroo Engineer Chuck Schwartz to proceed with Option 2 for revisions to the Lakefront Park retaining wall project. Bernard pointed out the desire for Power Point presentations to accompany proposals, so the viewing public has the ability to see the plan. Park Board Chairman Pat Casanova spoke about concerns regarding flooding problems in the park and the desire to correct them. Additional information was shared regarding elevations, and the desire to move forward with the project.

Lengthy discussion was held regarding Option 2 which would add steps, connect two lengths of wall, and provide a 684’ flood barrier at the wall. Additional discussion was held concerning costs. Mr. Schwartz recommended raising the north trail connection to the 684 contour, as well, at a cost of $6,885. He also noted that the estimated dollar amounts were provided by the contractor, Pember Companies, and suggested they be negotiated to be sure the City would receive the best value.

Bonetroo engineer Mark Daly explained the need to raise the grade on the upper trail; the lower trail would need to be regraded to a 5% slope to meet the ADA standards. Discussion was held regarding the connection of the pathways, additional grading, erosion at the ends of the walls, and plans for final uniform grading and seeding. Bernard questioned the need for further review of the estimates from Pember Companies. Mr. Schwartz stated that the amount could stay the same or go down, but would not go over the $32,000 total discussed earlier in the meeting. All ayes (6), MOTION CARRIED.

MOTION by Morrissette to suspend or terminate any contractual agreements with Bonestroo and to issue RFPs for a new engineering service. Attorney Munkittrick advised that the subject matter was not an agenda item but could be placed on a future agenda. Morrissette stated he would like the matter as an agenda item at the next meeting. The term of the contract was also questioned.

Update on Projects: Bonestroo Engineer Chuck Schwartz reported that the triple left turn sign was in place and operational on Crest View Drive at Carmichael Road. He stated that work has begun on the Crest View Drive Mill and Overlay Project, with the beginning of removal at the Carmichael Road end. He stated that due to the City’s revisions of the pathway at Lakefront Park, the Phase III Landscaping Project was delayed; he will be processing the change order and coordinate with the landscaper to proceed with that and the irrigation project.

Mr. Schwartz noted that St. Croix County was preparing to pave County Road F near the new River Crest Elementary School.

Mayor Knudson confirmed that the sanitary sewer and storm sewer utility reference map would be delivered to the City the week of August 4. Mr. Schwartz noted it would need annual updating.

The Hanley Road Pathway Project pre-construction meeting was scheduled for August 7^th. The Stormwater Utility Study was delivered to City Staff for review. Mayor Knudson stated it could create a new, separate utility that would be fee based for residential and commercial use. Mr. Schwartz reported that the updated census numbers could add requirements for the City to manage and maintain a Stormwater System.

Morrissette questioned the ability to create a conventional 4-way stop intersection at Crest View Drive and Heggen Street, and if this would be a good time during the mill and overlay project. Mr. Schwartz stated that Engineer Shelly Johnson was working with Denny Darnold, and this would be a good time, if the City decided to make that change.

communications and items for future agendas: Bernard requested an update on the Joint Library Agreement be provided at the next meeting.

MOTION by O’Malley, second by Morrissette to adjourn. All ayes (6). MOTION CARRIED at 8:06 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