CITY OF HUDSON COMMON COUNCIL

MEETING MINUTES OF MONDAY, DECEMBER 17, 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, Dennis O’Connell, Paul Radermacher, Lee Wyland, Scot O’Malley and Alan Burchill.

OTHERS PRESENT: Cathy Munkittrick, Devin Willi, Angela Popenhagen, Chuck Schwartz, Betty Caruso, Denny Darnold, Gordon Conard, Tim Erickson, Bob Muchlinski, Evy Nerbonne, Eric Atkinson, Ruth Peterson, Tom and Tami Datwyler, Lee and Keith Rehfeld, and others.

COMMENTS AND SUGGESTIONS FROM CITIZENS PRESENT: Dave Selissen, 1616 Summer Street, stated that a month ago he had respectfully asked the Council to come up with a plan/timeline for addressing adequate Police Department funding. He noted that Council had decided to wait until the new Police Chief was named. He stated that due to the recent robberies and other incidents, he and his neighbors were concerned and asked for some definite action to be taken before another subdivision or housing complex is added to the community. He also inquired why the item of 2007 Police Dept. incidents/statistics was stricken from the agenda.

Mayor Breault responded that in discussions with the Acting Police Chief, it was felt that those discussions should occur at the Safety Committee meetings with individuals interested in those particular facts.

He noted that the Council had previously determined that the new Police Chief should decide what should be done in the Police Department, including manpower, promotions, and other agenda items. He offered that a new Chief should be named within a few weeks.

Attorney Munkittrick cautioned that this item was not on the agenda and Council should not get into a substantive discussion at this time. Mayor Breault thanked Mr. Selissen for his comments.

Lee Rehfeld, 1625 Summer Street, stated she has lived here for more than 30 years; she complimented the Council on the great job they have done in the past. She noted concern for the crime in the area, and stated appreciation for the work of the Council in making these difficult decisions. Mayor Breault thanked Mrs. Rayfield and suggested contacting Acting Chief Atkinson to learn more about some procedures that are being taken to handle crime in that area.

Bob Muchlinski, 1301 Frear Street, also called attention to the spike in crime, particularly in the Coulee Road area at the top of the hill. He noted concern for safety and the negative impact of the recent crimes, and the headlines in all the newspapers. He stated that Council could use a referendum to place the Public Safety budget up where it should be, and also could issue bonds to purchase a building for a new police station. Mr. Muchlinski also suggested closing the I-94 entrance ramp at 14^th Street to help make the “hill” area safer for those who live and work there.

Keith Rehfeld reported that he has lived here for 34 years and was in agreement with his wife’s comments. He was hoping some action could be taken soon before someone was killed.

Mayor Breault invited Mr. Muchlinski and others to visit with him to receive a more detailed explanation of why some of the requests are not possible at this time. It was noted that Mayor Breault and Alderperson O’Malley have recently discussed the crime issues with Acting Chief Atkinson at length. Mayor Breault reported that some donations that might allow cameras to be placed on the I-94 exit and entrance ramps. He welcomed all the suggestions from the public and invited those interested to visit with City Staff to obtain more information.

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

MINUTES: Approve the regular meeting minutes of December 3, 2007.

Claims: Approve the following claims for payment:

FUND	DESCRIPTION	PAYABLES	PAYROLL	TOTALS
100	General	328,908.04	115,782.78	444,690.82
350	Special Assessments	443.23	0.00	443.23
410	Tax Increment Financing	582,533.23	0.00	582,533.23
450	Capital Projects	58,502.24	0.00	58,502.24
610	Sewer	6,300.93	9,645.87	15,946.80
620	Parking	6,538.95	854.17	7,393.12
630	Ambulance	18,039.31	8,187.18	26,226.49
	TOTALS	$1,001,265.93	$134,470.00	$1,135,735.93

Applications for Operator’s Licenses: Approve the issuance of

Regular Operator’s Licenses for the period 12/18/07 through 6/30/09 to:

Thomas L. Christiansen 409 Second Street Hudson, WI

Application of Richard Inlow for Secondhand Jewelry Dealer’s License: Approve the renewal and issuance of a Secondhand Jewelry Dealer’s license to Richard W. Inlow d/b/a Richard’s Jewelers Inc., 523 Second Street, Hudson, WI.

REPORTS OF CITY OFFICIALS, BOARDS, COMMISSIONS: Place on file the Quarterly Reports of the Wastewater Superintendent and Street Department, the Hudson/North Hudson Community Access Board minutes of 12/11/07, and the Public Utility Commission minutes of 10/9, 11/6 and 12/11/07.

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

Application for a Conditional Use Permit by T & T Collision Center, Inc. for an auto repair & body repair garage at 1701 Coulee Road – Tom & Tami Datwyler: Community Development Director Denny Darnold reported that the Plan Commission recommended approval with some specific conditions concerning the storage of damaged vehicles, parking issues, and review of the permit in one year. He also noted that snow storage blocking visibility would not be allowed. Mr. Darnold also explained that the colors of the siding and canopy would be attractive, similar to the new Erskine Flooring building.

MOTION by Morrissette, second by O’Malley to approve issuance of a Conditional Use Permit to T & T Collision Center, Inc./Tom & Tami Datwyler for an auto repair and body repair garage at 1701 Coulee Road, with the following conditions:

· The number of damaged vehicles to be stored outside to be limited

to a total of three (3), and within the area designated on the application.

· No cars should be parked on the private property within 15 feet of the intersections at Coulee Rd./17^th Street and 17^th St./Ward Avenue to provide improved visibility for traffic

· The Conditional Use Permit be reviewed one year after occupancy

of the building.

Attention was called to the concern for parking near the intersection, and whether the 15-foot restriction would be adequate. Mr. Darnold noted that the Datwylers were willing to change and increase the restriction, if needed. He noted he had explained the issue to them and they have been very cooperative. Alan Burchill recused himself. All ayes (5), MOTION CARRIED.

Short-term borrowing of $243,000 GO Promissory Notes – Resolution No. 16-07: finance Officer Betty Caruso explained that with adoption of the 2008 City Budget, it included short term financing for Capital Outlay. She explained that she had obtained quotes from local banks for a loan that would be taken out January 1, 2008 and paid back April 1, 2008. The loan rates were as follows: Citizens State Bank at 4.6%, Associated Bank at 3.95%, and Mainstreet Bank at 4.45%. She recommended awarding the sale of the notes to Associated Bank, and Council adoption of the Resolution. Mayor Breault noted that the Finance Committee recommendation was the same.

motion by Morrissette, second by Radermacher to suspend the rules toward adoption of Resolution No. 16-07. All ayes (6), MOTION CARRIED. MOTION by O’Malley, second by Radermacher, to accept the quote from Associated Bank for $243,000 at 3.95%, and adopt the following:

RESOLUTION NO. 16-07

$243,000 G.O. PROMISSORY NOTES FOR 2008 CAPITAL OUTLAY

(Copy on file in Clerk’s office)

All ayes (6), MOTION CARRIED.

2008 Capital Projects and long-term borrowing: Ms. Caruso explained that the original requests for 2008 Capital Projects were close to $3 million. She noted that following many Committee meetings, the amount was reduced to $1.4 or almost $1.5 million. She called attention to the 2008 Proposed Capital Outlay Budget and noted that the reductions appeared in red print. She stated that long-term funding for 10 years would be needed to fund this budget. Ms. Caruso also asked for authorization to proceed with Ehlers and Associates for a bond issue that would occur in the spring of 2008.

Morrissette questioned the Mill and Overlay amount under Public Works. O’Malley responded that mill and overlay work (of approximately an inch and one-half) is scheduled for the streets that are most in need. If not performed on a regular basis, complete road replacement (of six inches or more) would be needed. It was noted that a copy of the long-range plan for streets was available.

Mayor Breault complimented the Council for their work in restricting the Capital Projects to $1 million, considering some of the restrictions that have been imposed by Madison. He stated that the Capital Projects were important for City operations, even though they were increasing from $1 million to $1.5 million for 2008. He stated that this might continue to happen for the next few years.

Morrissette asked for clarification for the public concerning what can or cannot be done to help fund the Police Department. Ms. Caruso stated that the tax levy is made up of two sections, the operating levy and the debt levy. The levy limits refers to the operating levy, and the State restricts the municipalities on what can be levied for operations. With those restrictions during recent years, the City has been unable to fund its expenditures. She noted that some items, such as police vehicles, were removed from the operating levy and are now purchased through short-term financing.

ms. Caruso reported that the City’s operating levy was allowed to increase by $328,000 for 2008; of that amount $170,000 was designated to the Police Department, $40,000 went to the ambulance service and $40,000 to the Fire Department. The majority of the operating budget increase went to Public Safety. She further noted that for the debt levy, taxes have increased slightly in order to pay the interest for that debt. She stated that the state restrictions make it more difficult to operate. She stated that projects outside of the operating levy, such as Park development, could occur and was not restricted. Mayor Breault thanked Ms. Caruso for her presentation and again invited anyone interested to visit with him and/or City Staff for more information.

MOTION by O’Malley, second by Radermacher, to approve the 2008 Capital Project Outlay Budget and financing, and authorize Staff to work with Ehlers and Associates for issuance of promissory notes in the spring of 2008. All ayes (6), MOTION CARRIED.

Change order to F & K Trucking and Excavating for St. Croix Business Park Utility Extension and East Highway 35 Subdivision Project (+$41,070.61): Mayor Breault reported that the St. Croix Business Park Corporation Board of Directors had approved, and the Finance Committee also recommended approval of the Change Order. MOTION by O’Malley, second by O’Connell, to approve Change Order No. 1 in the amount of $41,070.61 to F & K Trucking and Excavating for the St. Croix Business Park Utility Extension and East Highway 35 Subdivision Project. O”Malley pointed out that these funds were from the St. Croix Business Park Corporation; not taxpayer money. All ayes (6), MOTION CARRIED.

Approval of 2008 Service Charge Rates: O’Malley stated that, as in the past, the Public Works Committee was requesting a 3% increase to the service charge rates, which was in line with the cost of living increase.

MOTION by O’Malley, second by Radermacher, to approve the 2008 Public Works Service Charge rates as submitted. All ayes (6), MOTION CARRIED.

St. Croix County proposal for improvements to Carmichael Road: o’Malley reported that this was discussed at the Public Works Committee meeting and some questions still remain concerning the widening of Carmichael Road near Coulee Trail and the possible need to acquire right of way. He noted a letter was sent to the property owner and they are awaiting the response. Information only; no action needed.

Approval of 2008 Park User Fees: Radermacher explained that the Park User Fees for 2008 would be the same as the previous year. MOTION by Radermacher, second by O’Malley, to approve the 2008 Park User Fees, as submitted. All ayes (6), MOTION CARRIED.

Approval of 2008 Boat Mooring Fees: radermacher noted that the sailboat mooring fees were increased slightly, according to what was allowed. He explained that the fees are used for items involved with the Boat Mooring Project. MOTION by O’Malley, second by Burchill, to approve the 2008 Sailboat Mooring Fee of $530.00. All ayes (6), MOTION CARRIED.

Extension of sanitary sewer to River Crest Elementary School: denny Darnold stated that the Public Works Committee recommended approval of the plans for the sewer extension from the intersection of Industrial Street and Mayer Road to the new elementary school on CTH F. He noted three additional recommendations for minor issues (listed on a Bonestroo memo dated 12/13/07). Wyland questioned whether the YMCA had given written approval to the required easements. Mr. Darnold stated that written approval was anticipated, but not yet received. MOTION by Morrissette, second by Burchill, to approve the plans for sanitary sewer extension to the River Crest Elementary School. Upon request of Wyland, MOTION AMENDED by Morrissette, second by Burchill, to include contingent upon receipt of written approval from the YMCA regarding the required easement. All ayes (6), MOTION CARRIED.

Procedures for registering vendors (Direct Sellers) involved with Council- approved community events, pursuant to Ch. 124-5(I) of Hudson Municipal Code: clerk Nancy Korson stated that some vendors have been selling in the City during certain events, without the required Direct Seller Permit. She noted that if the City could approve the event and the vendors at the same time, the vendors could be registered and could avoid paying the usual $100 permit fee.

Burchill inquired whether the process could be simplified. Clerk Korson explained that the regular form was 4 pages; this version was two pages that would be reviewed by the Police Department. Mayor Breault noted that the vendors for most events are “repeat” vendors from the community.

Discussion was held concerning the Large Assembly Permit applications and the vendors included for events with more than 1,000 persons in attendance. This registration would include vendors at smaller community events. Attorney Munkittrick stated that the City requires the direct sellers to obtain a permit, and this procedure would actually streamline the process. She noted that the Police Department would not be doing criminal background checks on each vendor as they would be selling in a fixed location. However, the ordinance requires that persons selling in that fashion must have a permit. It was noted that this would be similar to procedures used during the farmers’ market.

It was noted that all the vendors would come under the umbrella of the event, and that a different form was used for charitable organizations that wish to sell. MOTION by O’Connell, second by O’Malley, to approve the registration application for direct sellers at community events or celebrations approved by the Common Council, as submitted. Mayor Breault stated that the intent was to make the process consistent and easy without a great deal of investigative work by the Police force.

Evy Nerbonne stated that each year the Hot Air Affair has a large group of vendors who wish to repeat selling during the event. She questioned what would be accomplished with this particular (registration) process. Mayor Breault explained that several large events were scheduled to take place in the City in 2008, and consistency would be needed in handling all of the vendors that were anticipated.

Interim Chief Atkinson stated that the process should be applied to all vendors. He stated that the Police Department would help out as much as possible with the registrations. The possible use of Casual Call officers was also noted. Discussion was held concerning the original creation of the ordinance, the need for all vendors to comply, and that there would be no fee for the vendors at Council approved events. It was noted that information on all the direct sellers in the City was important, and charitable and non-profits did not need Wisconsin Seller’s Permit numbers if they were registered as charitable organizations.

burchill questioned the enforcement. Attorney Munkittrick stated that the events would be submitting their information on good faith. It was noted that hopefully this (registration) would prevent vendors from suddenly showing up at events. The consequences of tainted food, liability, etc. were noted. Vote taken: All ayes (5); Morrissette voted No. MOTION CARRIED.

Consider authorizing City Attorney to prepare possible amendment to Municipal Code concerning criteria for issuance of Temporary Class “B”/”Class B” Retailer’s Licenses: administrator Willi reported that at the last meeting, Council directed that this item be on the agenda. MOTION by O’Malley to authorize Attorney Munkittrick to prepare a possible amendment to the Municipal Code regarding criteria for issuance of Temporary Class “B”/”Class B” Retailer’s Licenses, with work to begin in 2008.

Attorney Munkittrick explained that she had submitted this question and heard from three other city attorneys who indicated that they dealt with each application individually. She noted that for many years the vast majority of licenses issued by the City of Hudson have been within the intent of the Statutes. She recommended that the Council would be better off dealing with the Statute as it is, noting it was intended not primarily for business purposes. She said that defining in advance might not provide enough flexibility. Ms. Munkittrick stated that it would be too difficult to attempt to create an ordinance for this issue, and that the State Statutes, while broad and vague, provided the flexibility that would be needed for each situation. MOTION rescinded by O’Malley.

No action was taken.

Appointment to Hudson Area Joint Library Board: Mayor Breault stated that Scot O’Malley needed reappointment to the Joint Library Board and confirmation was needed. MOTION by Burchill, second by Wyland, to confirm the reappointment of Scot O’Malley to the Hudson Area Joint Library Board. All ayes – MOTION CARRIED.

COMMUNICATIONS AND ITEMS FOR FUTURE AGENDAS: O’Malley extended happy holiday wishes to everyone in Hudson. Mayor Breault agreed.

O’Connell offered his viewpoint that many citizens have the perception that this Council has not done anything for Public Safety and that they do not get along with Acting Chief Atkinson. He stated that he believed that perception was wrong, and that the Council has worked with Acting Chief Atkinson on the budget and he knows the Council’s position.

He stated there was also a perception that Council had manipulated the Police and Fire Commission’s requirements for Police Chief, and noted that those requirements were in place in 1988 and also 1993, and Mr. Atkinson was aware that he did not meet the requirements. He noted that this Council and past Councils have continued to support the Police Department, Fire Department and Ambulance service (St. Croix E.M.S.).

Radermacher stated he would like on the next agenda the item of discussion of a possible referendum. Administrator Willi noted that the State did not change any language regarding referendums. He explained that the tax levy numbers must be included, and it would have to occur in the fall of 2008. In even numbered years, referendums must be held in either September or November. An outline of the procedures with timelines could be provided to the Council periodically. Brief discussion was held regarding possible language that could be included. Mayor Breault noted that should be included as part of the outline.

Burchill questioned the status of the Traffic Study on the Carmichael Road corridor. Denny Darnold noted that Bonestroo engineer Shelly Johnson had a recent illness, but he would be meeting with him soon and information should be available by mid-January.

Attorney Munkittrick wished Happy Holidays to all. Mayor Breault stated he would not be a candidate for Mayor in the spring.

CLOSED SESSION pursuant to §19.85(1)(e), Wis. Stats. to discuss the POSSIBLE PURCHASE of public property: MOTION by Morrissette, second by O’Malley to convene into Closed Session pursuant to §19.85(1)(e), Wis. Stats. to discuss the possible purchase of public property. Roll call vote, all ayes (6), MOTION CARRIED – 8:00 p.m.

Reconvene into Open Session for possible action re: purchase of public property:

MOTION by O’Connell, second by O’Malley to reconvene into open session for possible action on the purchase of public property. Roll call vote, all ayes (6), MOTION CARRIED – 8:10 p.m.

MOTION by O’Malley, second by O’Connell, to adjourn. All ayes (6). MOTION CARRIED at 8:11 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.

Jack D. Breault, Mayor