CITY OF HUDSON COMMON COUNCIL

MEETING MINUTES OF MONDAY, AUGUST 18, 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, Joe Boles, Denny Darnold, Gordon Conard, Chuck Schwartz, Mark Loughney, Tom Zeuli, Dennis Postler, David Marshall, Jim Frye, Linda Donaldson, Pat Sherley, Paul Larson, Randy Hanson, Mary Yacoub, Julie Blaisdell, Eric Christensen, members of the St. Croix County Little League 9-10 year old team and parents and coaches, and others.

Police Department Lieutenant Paul Larson presented an appreciation plaque to David Marshall for his recent life saving efforts. Lt. Larson described the situation where Mr. Marshall assisted a swimmer who was in distress in the St. Croix River.

Mayor Knudson presented an award to members of the St. Croix County Little League team who won the 9-10 year old state championship. He congratulated the members and noted it was the first time a local little league team had won the state title for 9 and 10 year olds.

COMMENTS AND SUGGESTIONS FROM CITIZENS PRESENT: Pat Sherley, Director of Communications and Programs for the Hudson Chamber of Commerce, called attention to the Spirit of St. Croix Days event to be held in Lakefront Park October 15 to 18, 2008. She stated that extensive advertising was under way, and encouraged people to view the Chamber’s website for a schedule of events.

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

MINUTES: Approve the Public Hearing and Regular Meeting minutes of 8/4/08.

Request by T-Mobile to place antennas, equipment and cabinet at the Wisconsin Street water tower site, 910 Wisconsin Street – Hudson Water Utility and T-Mobile/Steve Carlson: Approve the proposed T-Mobile plans for antennae, equipment and cabinet at the Wisconsin Street water tower site.

Certified Survey Map to split lot 20 of Hudson Industrial Park into two lots for 1615 and 1621 Livingstone Road existing buildings – Patrick Rawlings: Approve the proposed Certified Survey Map to subdivide Lot 20 in Hudson Industrial Park (1615 and 1621 Livingstone Road), as proposed by Pat Rawlings.

Claims: Approve the following claims for payment:

FUND	DESCRIPTION	PAYABLES	PAYROLL	TOTAL
100	General	127,689.29	135,145.15	262,834.44
450	Capital Projects	5,359.59	0.00	5,359.59
610	Sewer	38,110.50	9,729.85	47,840.35
620	Parking	4,183.78	1,029.48	5,213.26
630	Ambulance	2,689.76	7,642.90	10,332.66
	TOTALS	$178,032.92	$153,547.38	$331,580.30

Approve bid and award contract for Sidewalk, Curb & Gutter Replacement Project: Accept the bid from Pember Construction in the amount of $25,786.00 for the 2008 Sidewalk, Curb & Gutter Replacement Program.

Review fuel bids submitted for providing fuel oil and gasoline for the period 9/1/08 to 8/31/09: Accept the bid from Yocum Oil Company, Inc. in the total amount of $162,416.50 for providing fuel oil and gasoline to the City from 9/1/08 to 8/31/09.

Request of Chamber of Commerce for an exception to the insurance requirements in the Special Assembly Permit for the Spirit of St. Croix event to be held in October: Grant the Chamber of Commerce an exception to the insurance requirement in the Special Event Permit for the Spirit of St. Croix Days event in October, based on their current coverage of $2 million/4 million and $1 million in umbrella liability.

Update on Comprehensive Plan – recommendation to hire consultant: Approve retaining the firm of Short-Elliot-Hendrickson as planning consultants to assist the City of Hudson in updating the City Comprehensive Plan, at a cost not to exceed $49,905, with City Attorney review and approval of the services agreement.

Review of lot lines for P1 and P1 in Heritage Greens development: Refer to the Plan Commission a review of the lot lines for P1 and P2 in Heritage Greens development.

REPORTS OF CITY OFFICIALS, BOARDS, COMMISSIONS: Place on file the quarterly reports of the Police Chief and Water Utility Director, and the

Public Utility Commission minutes of 8/12/08.

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

Conditional Use Permit for a master sign plan for freestanding and monument signage proposed by Jerry’s Enterprises, Inc. d/b/a County Market for 2310 (County Market), 2312-A-E (retail center) and 2330 Crest View Drive (The Home Depot) – Jerry’s Enterprises, Inc. denny Darnold shared information regarding the staff recommended approval of the master sign plan and conditional use permit proposed by Jerry’s Enterprises. He noted that the Plan Commission also recommended approval of the heights for the two signs, and stated that he had discussions with the property owners about restrictive covenants. Clarification was provided.

MOTION by Morrissette, second by Burchill, to approve the Conditional Use Permit for a master sign plan proposed by Jerry’s Enterprises for two signs, as follows, and with the understanding that they could apply at a later date for permission for a smaller sign on the property.

· A 50-foot high, 268.4 square foot sign for The Home Depot and

County Market near the northeast corner of the County Market site

· A 9-foot high, 54 square foot sign on the east side of the County

Market entrance on Crest View Drive

· The property owners (Learsi and Hudson Plaza 2005, LLC) agree to

the restrictive covenants that these are the only freestanding

signs that will be permitted on their properties.

Discussion was held on illumination of the sign. It was clarified again that they could return at a later date to request an additional sign. All ayes (6), MOTION CARRIED.

Applications for Operator’s Licenses: morrissette recused himself. MOTION by Wyland, second by Brokaw, to approve issuance of Regular Operator’s Licenses for the period 8/19/08 to 6/30/10 to:

Nicole M. Denison 1817 Albert St. Hudson, WI

Andrew J. Gardner 946 Ridge Pass Hudson, WI

Wesley R. Welch 1316 Carriage Dr. Unit B Hudson, WI

And issuance of Temporary Operator’s licenses to be used 9/26-9/28 at the Hudson Hockey Assoc. Pig Roast event to:

Lynette Rae Beinlich 927 Ridge Pass Hudson, WI

Lisa J. Dardine 508 Carriage Dr. Hudson, WI

Stacia M. Dove 408 126^th Avenue Hudson, WI

Traci A. Takkunen 857 Daisy Circle Hudson, WI

And issuance of Temporary Operator’s licenses to be used 9/20-9/21 at St. Patrick’s Church Fall Festival to:

John A. Grancorvitz 818 Harbor View Road Hudson, WI

Mona L. Schomas 2004 White Pine Road Hudson, WI

Mary A. Shafer 1423 Grandview Drive Hudson, WI

All ayes (5), MOTION CARRIED.

Application of Hudson Hockey Association for Temporary Class “B”/”Class B” Retailer’s License to sell beer at a Pig Roast Event, 9/26 – 9/28/08 at 1820 Hanley Road: motion by O’Malley, second by Wyland, to approve issuance of a Temporary Class “B”/”Class B” Retailer’s License to the Hudson Hockey Association to sell beer at a Pig Roast Event, 9/26 – 9/28/08 at 1820 Hanley Road. All ayes, (6), MOTION CARRIED.

Update on Projects: bonestroo engineer Chuck Schwartz provided an update on projects, including information that the Lakefront Park steps and wall revisions were complete, and prep work was taking place for paving the walking path. He stated that landscaping would happen next week and would take approximately two weeks. The irrigation project would follow the landscaping work. Mr. Schwartz also provided an update on the Crest View Drive Mill and Overlay Project, noting that curb removal is under way and the mill and overlay would probably occur after Labor Day. He stated it would still be on schedule. Mr. Schwartz also reported that the paving of Mayer Road was expected to be completed by August 19^th.

Review proposed revisions and consider approval of amended Joint Library Agreement, and discussion of proposed major Capital Outlay: Mayor Knudson provided a lengthy explanation on the status of the proposed amended Joint Library Agreement. He noted his recommendation was to approve the amended agreement with the changes incorporated by the City’s attorney, William Thiel. Clarification was given regarding the date that the proposed budget should be submitted to each participating municipality; it should be September 1^st. Attention was called to Page 7 of the Agreement, and a possible change under paragraph A. Operating Funding. He stated that the third sentence would be worded: “The capital portion shall be spent by the Joint Library only for capital purchases unless otherwise approved by all municipalities.”

Mayor Knudson shared information regarding section 9 – City as Fiscal and Personnel Agent. He noted the City currently serves as the fiscal agent and personnel agent. He stated it might be beneficial for the Joint Library to be in charge of the employees, but did not know whether this was the right time for that consideration.

MOTION by O’Malley, second by Wyland, to approve the amended and restated Joint Library Agreement. Bernard asked for clarification on withdrawal. Mayor Knudson noted that under section 12 – A, it was status quo from the current agreement. He explained the dates that any withdrawal notice would have to use. He also pointed out that under 12-B, if a building was purchased together, no municipality would be permitted to withdraw for a period of 25 years. Notice in writing would have to be given at least five years prior to the last day of the calendar year for withdrawal, but it may not be effective until after the end of the 25^th year. All ayes (6), MOTION CARRIED.

Mayor Knudson reviewed the proposed Major Capital Project Proposal Agreement for the former NMC building on First Street. He read the draft language that the representatives from the municipalities had previously agreed upon, as indicated on his 8/16/08 memo to the Council members:

"It is expected that the Hudson Library Foundation (the “Foundation”) will raise $5.4 Million to support the Total Capital Project Cost. The Project shall not move forward to the scheduling of any bond referenda or levy override referenda unless and until the Foundation shall have received commitments from pre-existing foundations or funds from other entities or individuals of at least $2 Million by September 4, 2008."

Mayor Knudson explained that at the informational meeting held on August 4^th, the Foundation reported $2 million in donations could not be reached by September 4^th. The municipalities felt the need to determine what type of guidelines should be set up to hold to the spirit of the original agreement of 50% private and 50% public funding. He stated that at their meeting on the morning of August 18^th, they became aware that the Foundation would not have the $2 million in donations by September 4^th. Mayor Knudson suggested that two new guidelines be established: one that would require that private and non-municipal funding of at least $1 million be raised before September 20, 2008 before the item would be included on the referendum ballot in November, and the second guideline would be that private donations, qualified commitments or cash of $4 million be on hand by September 20, 2009, and that no public dollars would be expended until the $4 million fundraising total is reached. He stated this would essentially be a “matching” plan which would retain the idea of 50% public and 50% private funding. Mayor Knudson stated he believed it was a realistic plan; he requested Council input.

Lengthy discussion was held regarding philanthropic fundraising, timing, and numerous budget concerns. A question was raised concerning the use of the funds to purchase a different facility. He stated that would not be possible, as the version presented was only concerning the former NMC building. MOTION by O’Malley, second by Wyland, to accept Mayor Knudson’s suggested new proposed guidelines for fundraising, and to inform the Foundation and the Joint Library partners that the City would like to proceed with the 50/50 fundraising plan to have the Foundation raise $4 million by September of 2009, before any public dollars are spent. Additional discussion was held regarding fundraising efforts and the possibility that it could take up to 18 months. Also discussed were the expected operating expenses (for a new facility), the City’s budget, and levy limits. A summary report of cost allocations and tax impacts for the four municipalities was noted. Vote taken, Ayes (6), MOTION CARRIED.

Consider revisions to Municipal Code, Ch. 1-18 re: general penalties – Ordinance No. 6-08. motion by Morrissette, second by O’Malley, to suspend the rules toward adoption of Ordinance No. 6-08. Roll call vote, Ayes (6), MOTION CARRIED. MOTION by Morrissette, second by O’Malley, to adopt the following:

ORDINANCE NO. 6-08

AMENDING §1-18 OF MUNICIPAL CODE

RE: VIOLATIONS AND PENALTIES

(Copy on file in Clerk’s office)

All ayes (6), MOTION CARRIED.

2008 Sidewalk, Curb & Gutter Replacement Project (as revised) – Final Resolution No. 10-08 re: Special Assessments: motion by O’Malley, second by Burchill, to suspend the rules toward adoption of Resolution No. 10-08. Roll call vote, Ayes (6), MOTION CARRIED. MOTION by O’Malley, second by Wyland to adopt the following:

RESOLUTION NO. 10-08

FINAL RESOLUTION FOR 2008 SIDEWALK, CURB & GUTTER

REPLACEMENT PROJECT SPECIAL ASSESSMENTS

(Copy on file in Clerk’s office)

All ayes (6), MOTION CARRIED.

Discussion of Bonestroo engineering contract. Mayor Knudson suggested that meetings be held with city staff, Council members, and Bonestroo, and to refer the matter to the next Finance Committee agenda. MOTION by Morrissette, second by Burchill to end the engineering contractual agreement with Bonestroo and to advertise for proposals. Morrissette offered his opinion that more guidance and accountability was needed. Discussion was held regarding the current contract. MOTION WITHDRAWN by Morrissette. MOTION by Morrissette, second by Burchill, to refer the Bonestroo engineering contract issue to the Finance Committee. Ayes (5), Morrissette voted No. MOTION CARRIED.

Proposed amendment to Municipal Code creating Chapter 201 re: Sexual Offenders and Sexual Predators: Mayor Knudson reported that this subject came up during a recent public meeting, and it was questioned whether something could be done. In response, he placed the item for Council consideration again. He also shared information that the State Attorney General encouraged this type of ordinance. MOTION by Wyland, second by Bernard, to refer to the Public Safety Committee the proposed ordinance regarding sexual offenders and sexual predators. All ayes (6), MOTION CARRIED.

Update on 2^nd quarter Room Tax revenues: Mayor Knudson shared information regarding the summary report on 2^nd quarter room tax revenues. He noted that the amount collected so far was approximately $1,200 higher than the amount anticipated in the 2008 budget.

communications and items for future agendas: Morrissette requested Public Safety Committee review of the ordinances regarding chronic nuisances. He also requested that the Council Chambers be updated with new tables and (sound) system. He also congratulated the Water Utility on the quality of the water and the acknowledgement from the DNR.

Administrator Willi stated that the emergency siren and pole were being installed on 8^th Street, and that the insurance policy reimbursement was received. He called attention to the need for additional Election Inspectors to help with the November election.

MOTION by O’Malley, second by Bernard to adjourn. All ayes (6). MOTION CARRIED at 8:45 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