CITY OF HUDSON COMMON COUNCIL

MEETING MINUTES OF NOVEMBER 19, 2007

Meeting called to order by Mayor Jack Breault in the Council Chambers of City Hall at 7:02 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 Alan Burchill.

OTHERS PRESENT: Cathy Munkittrick, Dennis Darnold, Devin Willi, Betty Caruso, Gordon Conard, Jim Frye, Chuck Schwartz, Roy and Amy Hunn, Jim Schreiber, Tom Zeuli, Randy Hanson, Cindy Landers, Ken Holum, Dean Knudson, Sean Pettee, George Leyda, Savanna Leyda, Cheyenne Hodur, Glen Hartman, Marty Jensen, Jeff Knopps, Mark Christoffersen, David Selissen, and others.

COMMENTS AND SUGGESTIONS FROM CITIZENS PRESENT: Dean Knudson spoke about an opinion that was recently published in the local newspaper. He stated he disagreed that the City leaders don’t have courage and tenacity and were not willing to sacrifice. He believed that everyone appreciates that it does take courage to balance conflicting priorities and make decisions. He thanked the Council for the courage they have shown, the time they have given, and the sacrifices they have made.

Mayor Breault called for other comments or suggestions; none were given.

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

MINUTES: Approve the Regular Meeting minutes of 11/5/07.

Claims: Approve the following claims for payment:

Fund	Description	PAYABLES	PAYROLL	Totals
100	General	251,781.28	157,491.90	409,273.18
230	Wisc DVL/RVL	15.00	0.00	15.00
231	SCBP-RVL Loan	255.00	0.00	255.00
280	Park Donations	1,967.43	0.00	1,967.43
310	Debt Service	43,409.10	0.00	43,409.10
410	Tax Increment Financing	9,930.30	0.00	9,930.30
450	Capital Projects	45,268.91	0.00	45,268.91
610	Sewer	20,121.75	10,251.51	30,373.26
620	Parking Utility	1,657.19	1,063.26	2,720.45
630	Ambulance	18,826.76	7,772.93	26,599.69
	TOTALS	$393,232.72	$176,579.60	$569,812.32

Applications for Operator’s Licenses: Approve the issuance of a regular Operator’s License for the period 11/20/07 through 6/30/09 to:

Synthia M. Bierbrauer 564 County Road N Hudson, WI

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

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

Application of RAGMA Inc. for Class B beer and Class C wine license d/b/a Keys Cafe at 840 Carmichael Road: Radermacher recused himself. MOTION by Morrissette, second by O’Malley to approve issuance of a Class B beer and Class C wine license to RAGMA Inc. d/b/a Keys Cafe at 840 Carmichael Road. It was understood that they needed to provide proof of their WI restaurant license. Roy Hunn spoke about the locations of other Keys restaurants and noted they were looking forward to the new Hudson site. Mayor Breault welcomed them to the City. Ayes (5), MOTION CARRIED.

Application of Applebee’s Restaurants North LLC for Class B beer and Class B liquor license d/b/a Applebee’s Neighborhood Grill & Bar at 2201 Coulee Road (license currently held by Gourmet Systems of Minnesota, Inc.): motion by O’Malley, second by O’Connell, to approve issuance of a Class B beer and Class B liquor license to Applebee’s Restaurants North LLC d/b/a Applebee’s Neighborhood Grill & Bar at 2201 Coulee Road. It was noted that the Finance Committee recommended approval. The current license held by Gourmet Systems of Minnesota, Inc. would need to be surrendered. All ayes (6), MOTION CARRIED.

Presentation re: School Forest Project proposal: Cynthia Landers, a 7^th Grade Life Science teacher at the Hudson Middle School, presented a proposal for the possible creation of a School Forest Project. She also has organized a Young Naturalists Club at the Middle School. A Power Point presentation describing the proposed project was given. Discussion was held regarding the location and ownership of the land. It was noted that the Park Board recommended approval and requested that they get a yearly proposal regarding any changes. It was requested that the City also have a representative on the board. Mayor Breault asked for additional information to be presented. Students spoke in support of the project. Denny Darnold stated the need to comply with stormwater utility regulations.

Hanley Road walkway: O’Malley explained that the Public Works Committee voted on the four alternatives presented for the pathway extension. He noted that they recommended Alternative D, and explained the need to extend the survey work to O’Keefe Road. O’Connell suggested looking at the Foxglove area for future pathways. Denny Darnold pointed out that the Hanley Green developer would be responsible, if further development occurs in that area. MOTION by O’Malley, second by O’Connell, to approve Alternative D for extension of the Hanley Road pathway in the amount of $42,900, with the addition of some survey work west to O’Keefe Road, along the south side of Hanley Road. It was noted that the additional survey work would cost less than $5,000. It was reported that the walkway could be extended further if the bids submitted are lower than expected. All ayes (6), MOTION CARRIED.

Extension of sanitary sewer to River Crest Elementary School: denny Darnold reported that the revised plans were not received in time for staff review. No action was taken.

Lake Mallalieu stormwater assessment: O’Malley shared information concerning the Lake Mallalieu Stormwater Assessment Report. He noted that sand and phosphorus are polluting the lake. He stated that filtering is needed, and phosphorus education as well. Information was shared regarding the grant for the project. The update was for information only; no action was needed.

Consider removal of two parking spaces on River Street near Fourth Street: denny Darnold shared information regarding recent discussions with the schools and noted that the bus company requested the removal of some parking spaces, citing safety concerns. He stated that the Public Safety Committee recommended approval and reported that the signage costs would be paid for by St. Patrick’s School. MOTION by Radermacher, second by Wyland, to approve the Public Safety Committee recommendation for the removal of two on-street parking spaces on the north side of River Street east of the stop sign at Fourth Street, with the signage to read “No parking during school hours, 7:30 a.m. to 4:30 p.m. from here to corner.” All ayes (6), MOTION CARRIED.

Consider restricted parking on the north side of St. Croix Street between Fourth and Fifth Streets: motion by Morrissette, second by Radermacher, to approve the Public Safety Committee recommendation to remove on-street parking on the north side of St. Croix Street west of the St. Patrick School driveway, with signage to indicate “Parent drop-off and pickup, 5 minute parking limit.” It was noted that the sign costs would be paid for by St. Patrick’s School. Ayes (6), MOTION CARRIED.

Request to submit Dredging Permit Application to DNR for dredging the St. Croix River near the seawall: Radermacher presented information concerning submitting an application to the DNR to dredge an area along the Lakefront Park seawall. He noted that the application cost was $500 and the money could come from the Boat Mooring Fund to pay for the expense. He stated the dredging would allow watercraft to park along the seawall.

MOTION by Radermacher, second by Wyland, to approve the recommendation of the Park Board to submit an application for a dredging permit to the DNR at a cost of $500, and to use the Boat Mooring Fund to pay for the expense. Discussion was held concerning how often dredging would need to occur, and how the costs would be paid. Additional discussion was held regarding the length of time allowed to use the permit. It was noted that a completion date was needed on the application, and two years was the maximum time allowed. Public Works Lead Person Tom Zeuli asked whether the permit could include work necessary in the Long Pond area. MOTION AMENDED by Radermacher, second by Wyland, to include the dredging of the Long Pond area in the DNR permit application. All ayes (6), MOTION CARRIED.

Update on projects: bonestroo Engineer Chuck Schwartz provided an update on the Lakefront Park Retaining Wall Project. He reported that the site grading was scheduled to be completed November 20^th; turf establishment would be completed in a week and the project would be finished in the spring, including the bituminous, and pervious pavers along the existing wall. Mayor Breault expressed concern regarding possible flooding problems. Mr. Schwartz reported that the area had been backfilled and the DNR and Corps of Engineers have been consulted. Additional information was shared that backfilling was done in three different areas and they were doing everything practical to minimize erosion. He anticipated the need for possible corrections in the spring, at a cost of approximately $1,000.

Morrissette asked about the Coulee Road and 11^th Street intersection traffic signals. It was noted that Mr. Schwartz needed to get an update from the electrician on the work.

Proposal for Fire Department Firefighter Pay Policy: Fire Chief Jim Frye presented information on the proposed Pay Policy for the Fire Department. He stated that he and City Attorney Munkittrick had prepared a draft policy that they recommended for adoption. He stated that in the past the Fire Chief decided what was considered a “call,” and hourly pay was not addressed. MOTION by O’Malley, second by Wyland, to adopt the Fire Department Pay Policy as submitted, including its impact on the St. Croix E.M.S. All ayes (6), MOTION CARRIED.

2008 Appropriation Ordinance for Municipal Operations – Ordinance No. 16-07: motion by Radermacher, second by O’Malley, to suspend the rules toward adoption of Ordinance No. 16-07. All ayes (6), MOTION CARRIED.

Radermacher presented a proposal to have another police squad to patrol the streets of Hudson. It included possible funding sources such as reducing legal costs, transferring unused Police payroll balance, transferring 2008 unfilled part-time clerical salary, and savings of $20,000 from Interim Chief Atkinson for not participating in the health insurance program. He stated that this would allow the establishment of an Assistant Police Chief position, promote the Detectives to Sergeants, and establish the CPO/Narcotics position, for a total cost of $103,000 starting 6/1/08.

Finance Officer Betty Caruso expressed concern regarding how the proposal would be funded after 2008. Additional discussion was held on concerns for reducing the legal budget, waiting until the new Police Chief is hired, and the use of current staff positions. MOTION by Radermacher, to adopt the 2008 Budget, including his proposal for establishing the Assistant Chief position for $55,000, promote the Detectives to Sergeants for $8,000, and establish the CPO/Narcotics position for $40,000, beginning June 1, 2008.

O’Malley presented information concerning a budget amendment for the Public Works Department that he had been working on with the Finance Officer. He cited the need to add $20,000 to the Public Works Contingency Fund for operations in 2008.

Ms. Caruso stated that the Public Works portion of the 2008 budget was based on the 2007 budget, which was also budgeted too low. The Police Department salary increases, St. Croix E.M.S. contract per-capita increase of $3.50, and $40,000 more for the Fire Department comprised most of the allowable budget increase for 2008. Mayor Breault also pointed out that only the Police Department would be receiving wage increases in 2008. Ms. Caruso called attention to the need to pay the utilities and landfill inspection services. She also noted that no (Public Works) funding sources are available, and budget amendments are needed frequently. Ms. Caruso shared her analysis of fund balances and the ability to use them for a Contingency Fund.

Radermacher AMENDED his MOTION to include an additional $20,000 for a Public Works Contingency Fund. Second by Morrissette to the motion and the amendment. Discussion was held concerning waiting until the new Police Chief is in place before approving any funding for a CPO or Narcotics position. Further discussion was held regarding the funding for police officer positions and the ability of the new Police Chief to present a proposal later. Mayor Breault suggested waiting until the new Chief is in place so he could be part of the process. He also noted that the funding sources would still be available. Ms. Caruso detailed the impact on the proposed funding sources.

MOTION WITHDRAWN by Radermacher. MOTION by Radermacher, second by Morrissette, to adopt the 2008 budget (Ordinance No. 16-07), plus $20,000 for the Public Works Contingency Fund. It was understood that the MOTION was to adopt the following, with an additional $20,000:

ORDINANCE NO. 16-07

2008 APPROPRIATION ORDINANCE

(Copy on file in Clerk’s office)

Ayes (6), MOTION CARRIED.

Request of Mark Christoffersen to amend Municipal Code re: Class B beer license requirements: mayor Breault asked for a financial update on the topic. Ms. Caruso reported that research of legal expenses revealed that $1,900 in legal fees had been spent on opinions regarding the license and possible ordinance changes for this topic. MOTION by O’Malley, second by O’Connell, to deny the request of Mark Christoffersen to amend the Municipal Code regarding Class B Beer License requirements. Discussion included opinions that such a change could cause potential problems and create the possibility for similar requests in the future. Attorney Munkittrick advised that this type of change should not be considered for just one business, but for the City as a whole. She also cited concern for the definition of “recreation premises.” Additional discussion was held concerning the past history in approving beer licenses, and the City requirement that establishments also be registered as restaurants in order to qualify. Ms. Munkittrick also advised there was specific criteria for not approving an application. She stated that the definition of “recreation premises” was broad and vague, but qualifying to be a restaurant was clear. Additional discussion was held regarding how a new ordinance could limit establishments to certain types, and also raised the question of why some and not others are allowed.

Mayor Breault advised that if a business requests a legal opinion from the City Attorney, they would have to be responsible to pay the charges. Vote taken: Ayes (3); Noes (3) – MOTION FAILED. Mayor Breault broke the tie by voting “yes” to deny the request - MOTION CARRIED.

COMMUNICATIONS AND ITEMS FOR FUTURE AGENDAS: Burchill congratulated Clerk Korson on completing the requirements necessary to become a Certified Municipal Clerk.

Administrator Willi thanked Ms. Caruso and City Staff for their efforts and hard work on the 2008 Budget process.

MOTION by O’Malley, second by Radermacher, to adjourn at 8:37 p.m. All ayes (6). MOTION CARRIED.

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.

Jack D. Breault, Mayor