This transcript appears to be from a **Hermantown City Council** meeting. Based on the names of officials provided and the context of the dialogue, I have added the speaker names. Please note: The transcript mentions a "Councilor Hauschild," who was not in your provided list but is a known member of this council; I have used his name where the text explicitly identifies him (originally transcribed as "hashtag" or "house child"). *** [0:02] **Mayor Wayne Boucher:** I pledge allegiance to the flag of the United States of America and to the republic for which it stands, one nation under God, indivisible, with liberty and justice for all. Roll call, please. [0:02] **City Clerk Alissa McClure:** Councilor Peterson? [0:02] **Councilor Joe Peterson:** Here. [0:02] **City Clerk Alissa McClure:** I’m so sorry. Councilor Geissler? [0:02] **Councilor John Geissler:** Here. [0:02] **City Clerk Alissa McClure:** Councilor Hauschild? [0:02] **Councilor Andy Hauschild:** Here. [0:02] **City Clerk Alissa McClure:** Mayor Boucher? [0:02] **Mayor Wayne Boucher:** Here. Announcements. Do any councilors have anything they'd like to say to the public at this time? [0:48] **Councilor Andy Hauschild:** I guess for me, just that recognition yesterday was Juneteenth and today is the first day ever it's a national holiday. I guess I'd just like to recognize that and so I think we're moving in the right direction and recognizing where we came from in this country. [0:48] **Mayor Wayne Boucher:** Anything else from council? I’ve got one that I make as a rule and that is as public discussion—we don't have any public hearings tonight that would have a public discussion component in them, but we will have a general public discussion soon under item eight, which is for items not on the agenda, and we ask that people limit their time to three minutes per person. Later on, under each item that will be presented for a vote and has the possibility of being approved tonight, there will be a separate time of public discussion for each item. I will go through, read the motion, we will go through council discussion, and after that, we'll have public discussion and I'll call for that when it's time. So if the reason you're here is on our agenda, we'll have time for public discussion under that item. Next, we have no communications this evening. Presentation on staffing budget was a pre-agenda. Now we have item eight: general public discussion. This is the time for public discussion on items not on the agenda. If anyone has discussion, please step forward to the podium and state your name and address for the record. [2:20] **Lisa Smith:** Hi, my name is Lisa Smith, 3761 Johnson Road. I would just like to ask moving forward for those people who are on Zoom—I'm not sure who monitors that or lets people in—but we've had to attend via Zoom a few times in the past and we're not being let in until this part is over. So until public comment for things not on the agenda, oftentimes we're not let in until it's too late to say anything. So if the person who's monitoring that could just let the public in a little bit sooner, then if there are any technical difficulties on the user part at home, they have time to address it before it's all done and nobody has a chance to speak. [3:07] **Mayor Wayne Boucher:** Okay, thank you. And we'll speak to the man behind the curtain tonight and see if we can address that issue. Is there anyone, Joe [Wicklund], present that may want to discuss? Everybody’s in? Okay. There are people that are in the meeting. Sir, your name and address? [3:52] **Bart Smith:** Uh yes, my name is Bart Smith, I live at 3761 Johnson Road. I just want to thank the City of Hermantown for the paved trail system. The existing trail system has provided a safe place for my family and me to walk this past year. I feel the trail system is a huge benefit for the adjacent neighbors, the City of Hermantown, as well as the surrounding community. Thank you. [3:52] **Mayor Wayne Boucher:** Thank you. Thank you, sir. Is there anyone else in chambers that wishes to speak on the general discussion portion of the meeting? Is there anyone present in the online or Zoom meeting that wishes to speak? If so, please state your name and address. Anyone from the online portion of the meeting that wishes to speak to the council? If there are no other people that would like to address the council in either chambers or online, we will move to the consent agenda. Do we have a motion for the consent agenda? [4:41] **Councilor Andy Hauschild:** So moved. [4:41] **Councilor John Geissler:** Second. [4:41] **Mayor Wayne Boucher:** Motion by Councilor Hauschild, second by Councilor Geissler. Roll call please. [4:41] **City Clerk Alissa McClure:** Councilor Hauschild? [4:41] **Councilor Andy Hauschild:** Aye. [4:41] **City Clerk Alissa McClure:** Councilor Geissler? [4:41] **Councilor John Geissler:** Aye. [4:41] **City Clerk Alissa McClure:** Councilor Peterson? [4:41] **Councilor Joe Peterson:** Aye. [4:41] **City Clerk Alissa McClure:** Mayor Boucher? [4:41] **Mayor Wayne Boucher:** Aye. Motion to approve or deny the following new on-sale intoxicating liquor license: Skyline Social and Games, 4894 Miller Trunk Highway, on-sale and Sunday, contingent on paperwork being received. This is a new license due to the change in the ownership of the business. Is there anything else, Mr. Mulder? [5:27] **City Administrator John Mulder:** No. [5:27] **Councilor John Geissler:** Motion to approve. [5:27] **Councilor Joe Peterson:** Second. [5:27] **Mayor Wayne Boucher:** Motion by Councilor Geissler, second by Councilor Peterson. Any discussion by council? Any discussion from the public either in chamber or online? Is there any member of the public either online or in the council chambers that wishes to address this? If so, please state your name and address for the record. One last opportunity for public discussion on this motion. Roll call please. [6:14] **City Clerk Alissa McClure:** Councilor Geissler? [6:14] **Councilor John Geissler:** Aye. [6:14] **City Clerk Alissa McClure:** Councilor Hauschild? [6:14] **Councilor Andy Hauschild:** Aye. [6:14] **City Clerk Alissa McClure:** Councilor Peterson? [6:14] **Councilor Joe Peterson:** Aye. [6:14] **City Clerk Alissa McClure:** Mayor Boucher? [6:14] **Mayor Wayne Boucher:** Aye. Item B: a motion to approve or deny the following renewal of on-sale intoxicating liquor licenses: AAD Shrine, Beacon Sports Bar, Chalet Lounge, Foster’s Sports Bar and Grill, Maya Mexican Restaurant, Mackenzie's Bar and Grill, Outback Steakhouse, Skyline Social and Games, The Social House, and Valentini's. [6:59] **Councilor Joe Peterson:** Motion to approve. [6:59] **Councilor Andy Hauschild:** Second. [6:59] **Mayor Wayne Boucher:** Motion by Councilor Peterson, second by Councilor Hauschild. Mr. Mulder, do we need any comments on these? [6:59] **City Administrator John Mulder:** These are all for the 15th. [6:59] **Mayor Wayne Boucher:** Any questions or comments from council? Is there any public input on motion B? If so, please state your name and address. Is there any public input or discussion in either chambers or online? Is there any public input on this motion? Roll call please. [7:33] **City Clerk Alissa McClure:** Councilor Hauschild? [7:33] **Councilor Andy Hauschild:** Aye. [7:33] **City Clerk Alissa McClure:** Councilor Peterson? [7:33] **Councilor Joe Peterson:** Aye. [7:33] **City Clerk Alissa McClure:** Councilor Geissler? [7:33] **Councilor John Geissler:** Aye. [7:33] **City Clerk Alissa McClure:** Mayor Boucher? [7:33] **Mayor Wayne Boucher:** Aye. Motion C: motion to approve or deny the following renewal of off-sale intoxicating liquor licenses: Sam's West number 6320 and the Adolph Store. Do we have a motion? [8:25] **Councilor John Geissler:** Motion to approve. [8:25] **Councilor Andy Hauschild:** Second. [8:25] **Mayor Wayne Boucher:** Motion by Councilor Geissler, second by Councilor Hauschild. Any discussion or questions by council? Is there any public discussion on this motion? If so, please state your name and address for the record. Is there any public input on this motion either in chambers or online? One last opportunity for public input on the motion for renewal of off-sale intoxicating liquor licenses. Roll call please. [8:50] **City Clerk Alissa McClure:** Councilor Peterson? [8:50] **Councilor Joe Peterson:** Aye. [8:50] **City Clerk Alissa McClure:** Councilor Hauschild? [8:50] **Councilor Andy Hauschild:** Aye. [8:50] **City Clerk Alissa McClure:** Councilor Geissler? [8:50] **Councilor John Geissler:** Aye. [8:50] **City Clerk Alissa McClure:** Mayor Boucher? [8:50] **Mayor Wayne Boucher:** Aye. Motion D: motion to approve or deny the following renewal of off-sale 3-2 malt liquor licenses: Holiday Station Stores number 190, I-Mart Stores, Kwik Trip number 216, Kwik Trip number 220, Kwik Trip number 572, and Walmart number 1757. Do we have a motion? [9:45] **Councilor Andy Hauschild:** So moved. [9:45] **Councilor Joe Peterson:** Second. [9:45] **Mayor Wayne Boucher:** Motioned by Councilor Hauschild, second by Councilor Peterson. Any council discussion on this motion? Seeing that there's none, is there any public discussion on this motion? If anyone wishes to have public input on this motion, please state your name and address for the record. Is there any public input on this motion? Roll call please. [9:57] **City Clerk Alissa McClure:** Councilor Geissler? [9:57] **Councilor John Geissler:** Aye. [9:57] **City Clerk Alissa McClure:** Councilor Hauschild? [9:57] **Councilor Andy Hauschild:** Aye. [9:57] **City Clerk Alissa McClure:** Councilor Peterson? [9:57] **Councilor Joe Peterson:** Aye. [9:57] **City Clerk Alissa McClure:** Mayor Boucher? [9:57] **Mayor Wayne Boucher:** Aye. Motion to approve or deny the following renewal of on-sale wine/strong beer liquor licenses: China Star Restaurant, Due North Pizza, and Sammy's Pizza. Do we have a motion? [10:44] **Councilor John Geissler:** Motion to approve. [10:44] **Councilor Joe Peterson:** Second. [10:44] **Mayor Wayne Boucher:** Motion by Councilor Geissler, second by Councilor Peterson. Any council comment on this resolution? [10:44] **Councilor Andy Hauschild:** Okay, you should also include the King of Creams on the next page—I missed the page—and King of Creams. Is that okay with all? My motion includes King of Creams and I approve of the amendment. [10:44] **Mayor Wayne Boucher:** Thank you. Any council discussion? Any public discussion on this motion? If anyone from the public wishes to have input on this matter, please either approach the podium or speak online with your name and address. Is there any public input on this motion? Roll call please. [11:19] **City Clerk Alissa McClure:** Councilor Hauschild? [11:19] **Councilor Andy Hauschild:** Aye. [11:19] **City Clerk Alissa McClure:** Councilor Peterson? [11:19] **Councilor Joe Peterson:** Aye. [11:19] **City Clerk Alissa McClure:** Councilor Geissler? [11:19] **Councilor John Geissler:** Aye. [11:19] **City Clerk Alissa McClure:** Mayor Boucher? [11:19] **Mayor Wayne Boucher:** Aye. Motion F: motion to approve or deny the temporary service area expansion application for the Beacon Sports Bar for July 15 and 16, 2022. [12:05] **Councilor Andy Hauschild:** I make a motion to approve with music ending at 12:00 a.m. and a submitted parking plan just to ensure the safety of the community and anybody in that area. [12:05] **Councilor John Geissler:** I’ll second that. [12:05] **Mayor Wayne Boucher:** Second by Councilor Geissler. Any council input on this motion? Is there any public input on this motion for temporary service area expansion for the Beacon Sports Bar? Do we have any public input either in chamber or online? If so, please state your name and address. Hearing none, roll call please. [12:48] **City Clerk Alissa McClure:** Councilor Peterson? [12:48] **Councilor Joe Peterson:** Aye. [12:48] **City Clerk Alissa McClure:** Councilor Geissler? [12:48] **Councilor John Geissler:** Aye. [12:48] **City Clerk Alissa McClure:** Councilor Hauschild? [12:48] **Councilor Andy Hauschild:** Aye. [12:48] **City Clerk Alissa McClure:** Mayor Boucher? [12:48] **Mayor Wayne Boucher:** Aye. Motion G: motion to approve a massage license for Amanda Rockenbach for The Well. [13:34] **Councilor Joe Peterson:** Motion approved. [13:34] **Councilor Andy Hauschild:** Second. [13:34] **Mayor Wayne Boucher:** Motion by Councilor Peterson, second by Councilor Hauschild. Any questions or comments from council? This is a late application that came in prior to the printing of the first agenda. Is there anyone online that wishes to comment on this matter? If so, please state your name and address for the record either online or in chambers. Is there any public comment on the massage license application? Last opportunity for public comment on this motion. Roll call please. [13:54] **City Clerk Alissa McClure:** Councilor Geissler? [13:54] **Councilor John Geissler:** Aye. [13:54] **City Clerk Alissa McClure:** Councilor Hauschild? [13:54] **Councilor Andy Hauschild:** Aye. [13:54] **City Clerk Alissa McClure:** Councilor Peterson? [13:54] **Councilor Joe Peterson:** Aye. [13:54] **City Clerk Alissa McClure:** Mayor Boucher? [13:54] **Mayor Wayne Boucher:** Aye. Next is resolutions. Resolution 2022-74: Resolution approving preliminary and final Planned Unit Development for Red Tail Hawk Development. [14:41] **Councilor Joe Peterson:** Motion approved. [14:41] **Councilor John Geissler:** Second. [14:41] **Mayor Wayne Boucher:** Motion by Councilor Peterson, second by Councilor Geissler. Mr. Mulder, do you want Mr. Johnson to explain this? [14:41] **City Administrator John Mulder:** Yes, please. Eric. [14:41] **Community Development Director Eric Johnson:** Great, thank you very much Mr. Mayor, members of City Council. Before us, this is a preliminary and final Planned Unit Development. This is on lots four and seven of the Red Tail Hawk subdivision. If you recall, last August in 2021, this 30-plus acres had been subdivided into seven lots, and once again before us this evening is lots four and seven. These two lots had originally been envisioned as two separate twin home lots that would take access off of Arrowhead Road. As the applicant moved forward with his engineering work, it became evident that with the existing wetlands on site, as well as the shoreland overlay area, that it made more sense to look at this from a PUD standpoint. Because what that did was allow him to move these buildings closer together and essentially create what's called a conservation subdivision. By that way of the grouping of these two homes closer than would have been accomplished under two separate lots, we are able to stay out of that shoreland area at least from the building setback standpoint, as well as preserve quite a bit of wetlands. These two lots, four and seven, comprise 5.6 acres total with the average essentially being one home on 1.4 acres. Standard R3 zoning is one home on a half-acre, so by the building of these four homes on the 5.6, it's actually less dense than you would see under standard R3 zoning. What the applicant is proposing to do is create what's called a CIC, which is a Common Interest Community plat. So what that means is that each individual building essentially would own the land underneath it; the rest of the property throughout that development is owned by the community as a whole or an HOA in that matter. That would encompass the driveway coming into the property, any main driveway area associated with it, as well as utilities coming into the project. At least from the land area, the applicant is proposing the extension of a sanitary and water sewer main into this project that would terminate in manholes. From that place, there'd be individual connections to each unit. What that does is it allows the applicant, if he so desires in the future to sell these lots, each one would have its own separate water and sewer. Some questions had come up at Planning Commission wondering if the lift station was capable of accommodating the new units, and yes they are. And the access would be taken off of Arrowhead Road for these two twin home buildings for a total of four units total. Thank you. [17:18] **Mayor Wayne Boucher:** Do we have any questions or comments from council? I only have one and that is reminding of the ordinance that prohibits twin homes from being built next to each other under standard zoning, and that this is a Planned Unit Development designed to get around standard zoning, and we'll leave that there. Is there any public input on this matter? If so, please state your name and address for the record. Is there any public input on Resolution 2022-74 either in chambers or online? Roll call please. [18:21] **City Clerk Alissa McClure:** Councilor Hauschild? [18:21] **Councilor Andy Hauschild:** Aye. [18:21] **City Clerk Alissa McClure:** Councilor Peterson? [18:21] **Councilor Joe Peterson:** Aye. [18:21] **City Clerk Alissa McClure:** Councilor Geissler? [18:21] **Councilor John Geissler:** Aye. [18:21] **City Clerk Alissa McClure:** Mayor Boucher? [18:21] **Mayor Wayne Boucher:** Aye. Next is Resolution 2022-75: Resolution approving a Special Use Permit for the construction of two two-family homes (four units total) within a recreational shoreland area. Do we have a motion? [19:06] **Councilor John Geissler:** Motion to approve. [19:06] **Councilor Joe Peterson:** Second. [19:06] **Mayor Wayne Boucher:** Motion by Councilor Geissler, second by Councilor Peterson. Mr. Mulder, should we have Mr. Johnson address this again? [19:06] **City Administrator John Mulder:** Yeah, I don't know how much he needs to add to it, we talked a little bit already, but go ahead. [19:06] **Community Development Director Eric Johnson:** Sure. Exactly, this is from the Redtail Hawk that we just went through. Both the homes as well as the driveways are within the shoreland area associated with the unnamed tributary that's located to the west of that. These units will meet the building setback of 75 feet associated with that shoreland area. A Special Use Permit has higher standards of time limits and exposed soil as well as the extent of disturbance associated with the land. [19:06] **Councilor John Geissler:** I’ll just add that during the pre-agenda discussion I asked about the monitoring of the SWPPP—the stormwater pollution control—and the temporary measures that would be put in place during the process and how we make sure that those stay in place. Between Eric and our building official and our public works director, that's monitored and just made sure that all of those measures are staying in place during the construction. So I feel confident that this is going to be just fine. [20:24] **Mayor Wayne Boucher:** Thank you. Any other comments from council? Is there any member of the public that wishes to speak to this matter? If so, please state your name and address for the record. Roll call please. [20:49] **City Clerk Alissa McClure:** Councilor Peterson? [20:49] **Councilor Joe Peterson:** Aye. [20:49] **City Clerk Alissa McClure:** Councilor Geissler? [20:49] **Councilor John Geissler:** Aye. [20:49] **City Clerk Alissa McClure:** Councilor Hauschild? [20:49] **Councilor Andy Hauschild:** Aye. [20:49] **City Clerk Alissa McClure:** Mayor Boucher? [20:49] **Mayor Wayne Boucher:** Aye. Resolution 2022-76: Resolution approving preliminary Planned Unit Development for the Keene Creek Trail subdivision development. Do we have a motion? [21:25] **Councilor Joe Peterson:** Motion to approve as amended to include the trail to the city standard... 76B on page 84. [21:25] **Councilor Andy Hauschild:** Second. [21:25] **Mayor Wayne Boucher:** Motion by Councilor Peterson, second by Councilor Hauschild. Is there any questions or comments from council? [21:25] **City Administrator John Mulder:** Mr. Mulder, I'm going to give a little bit of a big picture of this and then Eric can talk about the detail of it. In front of you tonight was Resolution 76 which came out of the Planning Commission, which would have created simply a hammerhead at the Carlson Road right-of-way with no trail or no road being built. Staff continues to believe that good planning would recommend that the road should be extended and this neighborhood should be connected. Understanding the residents' concerns about the traffic and their opposition to the road, we also had suggested that the alternative is to continue to have some kind of emergency access and also a connector from that neighborhood to a potential trail in the future. So that's why we drafted an alternate, which was 76B, because that then includes a Planned Unit Development which also has a public benefit to the greater community. Without that trail and just with the hammerhead, we don't believe that there was the public benefit for the PUD. So that was kind of the recommendation in front of you. Eric can talk more specifically about that. [22:57] **Community Development Director Eric Johnson:** Great, thank you again. As Mr. Mulder had indicated, this Planned Unit Development had been looked at originally from the staff standpoint in a previous application of a through-road that would connect Morris Thomas to Johnson Road by the Carlson Road existing right-of-way. As this plan has developed, the applicant came forward in the past two, three months with a revised application basically just terminating that roadway with a hammerhead and not continuing it on to Johnson Road. As Mr. Mulder indicated, staff had concerns regarding the public benefit associated with that type of design. This was presented at the Planning and Zoning Commission. Planning and Zoning at that time had recommended the plan as basically brought forth by the applicant—not having either a trail or sidewalk connection onto Johnson Road. So as Mr. Mulder indicated, we have the different alternative versions here before us. This is a PUD for an overall 29-lot development associated with this land. It's approximately 33 acres. The reason it's a PUD is twofold: of the 21 single-family lots, 17 of those are smaller than the one-half acre associated with the R3 zoning. These are lots that are primarily on the eastern side of the development. Likewise, this is a PUD as you enter the development from Morris Thomas Road—there's proposed to be four twin home buildings located in that southern portion of the property for a total of eight units. In this case, these twin homes are less than 200 feet apart, which we can do under a PUD. As it terminates potentially here in a hammerhead, there would be a trail or the potential for a trail connection from Johnson Road to the hammerhead. That would provide access from a pedestrian standpoint for residents of Johnson should they want to access the interior sidewalk system of this project and then to get into our trail system that exists on the south side of Morris Thomas. It all serves the benefit of an emergency access should we ever need to use that coming off of Johnson. Lastly, there's been discussions with the applicant about a land swap. The city has 2.5 acres of land associated with the Valley View division. The applicant came forward with discussions about a potential land swap of the city's 2.5 acres that the applicant could utilize for lot construction. In turn, he would trade off the 12.6-acre outlot that he has on the western side of the property. That 12.6-acre lot primarily consists of Keene Creek, the natural environment shoreland area, as well as the stormwater ponds. That 12.6 acres is quite a bit harder to develop. So before us this evening is that Planned Unit Development as amended here by council. [27:35] **Councilor John Geissler:** Just to clarify, that 12.6 acres that the city will obtain will allow the city to construct the trail from what's now constructed on Morris Thomas through the development and then to the easement across the back side of the Johnson Road properties and to Portland? [27:35] **Community Development Director Eric Johnson:** Correct, yes, that is the vision. [28:20] **Councilor Joe Peterson:** I think this has been kind of a long process with a lot of conversation, which is great. I know I and the other counselors have heard the residents' concern on the road and I was in support of that. Personally, I am supportive of the trail extension, not the road. It makes sense to me for multiple reasons for that to be in existence. I’m happy to say we’ve listened and we’re at this point now, which is a great process. [29:51] **Councilor Andy Hauschild:** Well, you know the saying goes, when you negotiate something, if everybody's not 100% benefiting from something then you're probably doing something right. I think this compromise that we've come up with via this amendment to provide a trail connection for the existing neighbors but also having the development go through and ensure that we have emergency connection—all of this is in some small way hopefully a win. I’m anxious to hear what neighbors think of this. [31:23] **Mayor Wayne Boucher:** I'll try and keep this short. I have a whole list of problems with this development that have surfaced and come over time. I do appreciate the neighborhood's input, but given the whole list of iterations of different forms of this project, I am opposed to the project in its entirety. That's my soapbox as Mayor right now. But I will now give a statement that tonight we can open it up to questions if anyone has questions about what's in front of us. Is there anyone in chambers that wishes to address this matter to council? Please step forward and state your name and address for the record. [32:55] **Lisa Smith:** Mayor, can you just for point of reference do a clarification of what is on the table right now? [32:55] **Mayor Wayne Boucher:** On the table is the version with the hammerhead but with the trail connection or the trail portion, not the version that was passed by Planning and Zoning—a version that was modified by council motion tonight—and not the road, and does not include the [vehicle] connection to the Johnson Road. [32:55] **Lisa Smith:** I'm Lisa Smith, 3761 Johnson Road. Thank you Counselor Peterson and Counselor Hauschild for your comments. My question comes in when you're looking at what's on the table right now: are you looking at the trail being connected as it was presented to the Planning and Zoning Commission last week, or is this something different and updated? [34:27] **Mayor Wayne Boucher:** What was presented to Planning and Zoning... I believe we're looking at what staff's recommendation was to Planning and Zoning. Is that correct, Eric? Let's make this perfectly clear: the trail that we are suggesting be included in this connects the hammerhead to Johnson Road and that is it. [35:13] **Lisa Smith:** I think there was some confusion in the pre-meeting in terms of not really knowing what Planning and Zoning was voting on. We as the neighbors thought that was an exorbitant cost to pass along to a developer. I guess I'd want to be clear from a counselor's standpoint that that's what you're voting on—not what was put in front of Planning and Zoning, because it's two different things. [35:59] **Mayor Wayne Boucher:** That is what we're voting on. Eric, was there ever a presentation to connect Morris Thomas with the trail? [36:46] **Community Development Director Eric Johnson:** There was the discussion that with that sanitary sewer work, the applicant instead of putting back in the native backfill would provide clean material on top of that instead that could serve as a trail base for a future trail. At that point there was no bituminous associated with that on that western portion. It did include the full construction of a trail from the hammerhead to Johnson Road as council is looking at this evening here. [37:32] **Tony Marino:** My name is Tony Marino, 3760 Johnson Road. The city was originally requiring the Carlson Road; it wasn't presented any other way. That was before there was any public input. We started with a petition that was signed by 100% of the people affected by it. The developer has listened to what we've had for concerns. He presented the hammerhead design; it's a beautiful option that satisfies a lot of our needs. My opinion is that putting the cost of the trail on the developer tries to dissuade him. These costs are going to be pushed onto the lots. If the road is forced on us, that negatively affects our community forever. We just felt that was not an appropriate place for that cost; rather that money should come from taxpayers. [44:26] **Jay Zierden [Developer]:** Jay Zierden, 4571 Martin, Duluth. I came here tonight thinking that we were voting on the proposal that was approved by Planning and Zoning, and to find out there's an amendment to this that is going to cost me X number of dollars without my knowledge of it is a little disappointing. Interest rates were three and a half percent; they're now six. The costs of pipe and infrastructure were half of what they are today. If you add this cost on my development, it becomes unattainable and it won't happen. What will happen is I'll go back and look at just platting my property without a PUD process. You can keep your three acres; I'll keep my 12 acres. Running that sewer line through that swamp area is a cost to me of about two hundred thousand dollars. Every other developer would have run the sewer up to the top of the hill and pressure fed the rest of the system. I am happy to work with the city to bring the gravel in at my cost, but to take money out of my pocket for a public trail... you might as well honestly be asking me to build the ice arena. It’s exactly the same thing. [49:03] **Councilor John Geissler:** Jay, if the sewer line didn't go down and gravity out, it would be a pressurized system? [49:03] **Jay Zierden:** It would be gravity to the top of the hill and then those back lots would be pressurized. [49:03] **Councilor John Geissler:** Those lift stations are about 10 grand a pop? [49:03] **Jay Zierden:** That becomes a homeowner's cost once they buy it. This proposal is by far the best for the community, but if you add stuff to it, it doesn't work. The numbers don't work at six percent. [52:08] **Councilor John Geissler:** Mr. Johnson, a standard plat does require P&Z approval, right? [52:08] **Community Development Director Eric Johnson:** Yes, that is correct. Mr. Zierden would probably lose upwards of six lots and he could only probably do two twin homes in that entire development. What we're talking about this evening with the PUD is it allows Mr. Zierden to get more lots out of it. It's a cost of about 70 to 90 thousand for that trail section, probably approximately three thousand dollars more per lot. [54:27] **Councilor Joe Peterson:** Jay, we had heard from all of you including yourself multiple times that you were supportive of this trail. To us, this was a positive. I understood where the road concerns were, but at that point in time, it was "we support the trail." [55:59] **Councilor Andy Hauschild:** But the PUD has to have a public benefit. [55:59] **Jay Zierden:** By building that 1300 feet of extra sewer line, I am clearing and grubbing that whole area. That’s a significant part of the cost. I would be happy to put the gravel in at my cost, but for me to buy the blacktop for a public entity... it seems absurd. [1:00:30] **Jim Samber:** Jim Samber, 3789 Johnson Road. Why the push for this trail? The residents don't want it; we have a 100% signed petition. If this trail is such an expense, why don't you just work with Mr. Zierden to do the gravel trail over the sewer line he's creating? I firmly believe that safety isn't the issue for this hammerhead. There's access for fire and police. [1:05:39] **Dean Bjorlin:** Hello, my name is Dean Bjorlin, I live at 3750 Johnson Road. I'm in favor of the hammerhead proposal. My wife and I still love to bike; anything that would connect us with the bike trail I think is awesome. I like the direction it's going. [1:08:45] **Lisa Smith:** Why does the trail have to be built immediately? Can't it be built five years from now? Why does it have to be such a hardcore yes or no? [1:11:52] **Councilor Andy Hauschild:** When we do a PUD, we as a council have to consider what is the most beneficial thing for the community. We went from this road, which would have been way more expensive, down to a trail, which is less. This to me was the compromise, and now we're hearing that it's not enough. [1:15:43] **Mayor Wayne Boucher:** Throughout the history of Hermantown, there's been developments, and the reason for a lot of these requirements is so that the money needed to finish things is not put on your property taxes in three to five years. We're trying to look out for everyone in the city's property taxes with policies like this. [1:21:37] **Councilor John Geissler:** Mayor, I'll just comment a few things. At the Planning Zoning Commission, it was an even number of members and I cast the deciding vote to put the road through, and I have definitely had a change in opinion. But for me, that trail needs to be there as a secondary access point. In my opinion, if we proceed as a PUD, that trail's got to go in now so that it's there for emergency purposes and doesn't get passed down the line. It needs to be built with the development. [1:23:54] **Mayor Wayne Boucher:** Roll call please. [1:23:54] **City Clerk Alissa McClure:** Councilor Geissler? [1:23:54] **Councilor John Geissler:** Aye. [1:23:54] **City Clerk Alissa McClure:** Councilor Hauschild? [1:23:54] **Councilor Andy Hauschild:** Aye. [1:23:54] **City Clerk Alissa McClure:** Councilor Peterson? [1:23:54] **Councilor Joe Peterson:** Aye. [1:23:54] **City Clerk Alissa McClure:** Mayor Boucher? [1:23:54] **Mayor Wayne Boucher:** No. [The motion passes 3-1]. We will move to Resolution 2022-77: Resolution approving the preliminary plat of Keene Creek Trail subdivision and imposing conditions on the submittal of the final plat. [1:24:41] **Councilor John Geissler:** Motion to approve. [1:24:41] **Councilor Andy Hauschild:** Second. [1:24:41] **City Administrator John Mulder:** The approval of the plat creates the hammerhead, and the trail part is part of the PUD. [1:26:04] **Mayor Wayne Boucher:** Roll call please. [1:26:04] **City Clerk Alissa McClure:** Councilor Hauschild? [1:26:04] **Councilor Andy Hauschild:** Aye. [1:26:04] **City Clerk Alissa McClure:** Councilor Peterson? [1:26:04] **Councilor Joe Peterson:** Aye. [1:26:04] **City Clerk Alissa McClure:** Councilor Geissler? [1:26:04] **Councilor John Geissler:** Aye. [1:26:04] **City Clerk Alissa McClure:** Mayor Boucher? [1:26:04] **Mayor Wayne Boucher:** No. [The motion passes 3-1]. Resolution 2022-78: Resolution approving a Special Use Permit for the construction of two two-family homes and four single-family homes (eight units total) in an R3 residential zoning district and within a natural environment shoreland area. [1:26:50] **Councilor Andy Hauschild:** So moved. [1:26:50] **Councilor Joe Peterson:** Second. [1:26:50] **City Administrator John Mulder:** This is conditioned upon 76 and 77, both of which are preliminary ones, so those have to go back through P&Z and back to city council. [1:27:37] **Community Development Director Eric Johnson:** I concur. Of the 29 units, a total of eight units as well as a portion of the roadway fall within the shoreland area. [1:29:13] **Mayor Wayne Boucher:** Roll call please. [1:29:13] **City Clerk Alissa McClure:** Councilor Peterson? [1:29:13] **Councilor Joe Peterson:** Aye. [1:29:13] **City Clerk Alissa McClure:** Councilor Geissler? [1:29:13] **Councilor John Geissler:** Aye. [1:29:13] **City Clerk Alissa McClure:** Councilor Hauschild? [1:29:13] **Councilor Andy Hauschild:** Aye. [1:29:13] **City Clerk Alissa McClure:** Mayor Boucher? [1:29:13] **Mayor Wayne Boucher:** No. [The motion passes 3-1]. We'll move to Resolution 2022-82: Resolution approving additional engineering services by Northland Consulting Engineers for Richard Avenue and Lindgren Road street improvement project number 538. [1:29:58] **Councilor Joe Peterson:** Motion to approve. [1:29:58] **Councilor Andy Hauschild:** Second. [1:29:58] **City Administrator John Mulder:** This is for additional work relative to right-of-way acquisition and some of the easements that are necessary. [1:30:44] **Councilor John Geissler:** Mr. Mayor, I'll just say the usual with the award of a contract with Northland, is that my son works for Northland Consulting Engineers and the award of this contract has no direct effect financially for myself or my son. [1:31:01] **Mayor Wayne Boucher:** Roll call please. [1:31:01] **City Clerk Alissa McClure:** Councilor Geissler? [1:31:01] **Councilor John Geissler:** Aye. [1:31:01] **City Clerk Alissa McClure:** Councilor Hauschild? [1:31:01] **Councilor Andy Hauschild:** Aye. [1:31:01] **City Clerk Alissa McClure:** Councilor Peterson? [1:31:01] **Councilor Joe Peterson:** Aye. [1:31:01] **City Clerk Alissa McClure:** Mayor Boucher? [1:31:01] **Mayor Wayne Boucher:** Aye. Resolution 2022-84: Resolution authorizing and directing Mayor and City Clerk to execute and deliver master services agreement for professional services with Braun Intertek Corporation and Engineering Partners Incorporated. [1:31:47] **Councilor John Geissler:** Motion to approve. [1:31:47] **Councilor Andy Hauschild:** Second. [1:31:47] **City Administrator John Mulder:** We have had a master service agreement with both since back in 2017. We're recommending that we have this go through 2024. [1:32:24] **Mayor Wayne Boucher:** Roll call please. [1:32:24] **City Clerk Alissa McClure:** Councilor Peterson? [1:32:24] **Councilor Joe Peterson:** Aye. [1:32:24] **City Clerk Alissa McClure:** Councilor Geissler? [1:32:24] **Councilor John Geissler:** Aye. [1:32:24] **City Clerk Alissa McClure:** Mayor Boucher? [1:32:24] **Mayor Wayne Boucher:** Aye. Resolution 2022-85: Resolution establishing an absentee ballot board. [1:33:12] **Councilor Joe Peterson:** Motion to approve. [1:33:12] **Councilor Andy Hauschild:** Second. [1:33:12] **City Administrator John Mulder:** This is something we do every election cycle. We've expanded this a little bit to deal with the increased absentee ballots. [1:33:12] **Mayor Wayne Boucher:** Back to Resolution 2022-83: Resolution approving pay request number two for reconditioning of Highway 53 water tower water improvement district number 318 to Osseo Construction Company LLC in the amount of $158,089.50. [1:34:13] **Councilor Joe Peterson:** Motion approved. [1:34:13] **Councilor John Geissler:** Second. [1:34:13] **City Administrator John Mulder:** Work on the water tower continues. This is the second pay request. [1:34:13] **Mayor Wayne Boucher:** Roll call please. [1:34:13] **City Clerk Alissa McClure:** Councilor Hauschild? [1:34:13] **Councilor Andy Hauschild:** Aye. [1:34:13] **City Clerk Alissa McClure:** Councilor Peterson? [1:34:13] **Councilor Joe Peterson:** Aye. [1:34:13] **City Clerk Alissa McClure:** Councilor Geissler? [1:34:13] **Councilor John Geissler:** Aye. [1:34:13] **City Clerk Alissa McClure:** Mayor Boucher? [1:34:13] **Mayor Wayne Boucher:** Aye. Resolution 2022-86: Resolution adopting performance measures. [1:35:21] **Councilor John Geissler:** Motion to approve. [1:35:21] **Councilor Joe Peterson:** Second. [1:35:21] **Joe Wicklund (Communications Director):** Council and Mayors, this is the annual community survey that we do each year. The two pieces that again shine through is that we were excellent in terms of public safety and the way people think our operations run. The places we have opportunities to improve are focusing on our roads and improving parks and trails. [1:36:13] **Mayor Wayne Boucher:** Roll call please. [1:36:13] **City Clerk Alissa McClure:** Councilor Hauschild? [1:36:13] **Councilor Andy Hauschild:** Aye. [1:36:13] **City Clerk Alissa McClure:** Councilor Peterson? [1:36:13] **Councilor Joe Peterson:** Aye. [1:36:13] **City Clerk Alissa McClure:** Councilor Geissler? [1:36:13] **Councilor John Geissler:** Aye. [1:36:13] **City Clerk Alissa McClure:** Mayor Boucher? [1:36:13] **Mayor Wayne Boucher:** Aye. Resolution 2022-87: Resolution authorizing and directing Mayor and City Clerk to execute and deliver agreement for professional planning services with Hoisington Koegler Group Incorporated with an amount not to exceed $150,000 for our comprehensive plan study. [1:36:59] **Councilor Joe Peterson:** Motion approved. [1:36:59] **Councilor John Geissler:** Second. [1:36:59] **City Administrator John Mulder:** We received four proposals; we’re recommending HKGI because of the work they’ve done for the city in the past. [1:37:46] **Councilor Joe Peterson:** I’m excited to work with HKGI. It's basically a year-and-a-half process, so it'll be fun to see it kind of unfold. [1:37:46] **Mayor Wayne Boucher:** Roll call please. [1:37:46] **City Clerk Alissa McClure:** Councilor Peterson? [1:37:46] **Councilor Joe Peterson:** Aye. [1:37:46] **City Clerk Alissa McClure:** Councilor Geissler? [1:37:46] **Councilor John Geissler:** Aye. [1:37:46] **City Clerk Alissa McClure:** Councilor Hauschild? [1:37:46] **Councilor Andy Hauschild:** Aye. [1:37:46] **City Clerk Alissa McClure:** Mayor Boucher? [1:37:46] **Mayor Wayne Boucher:** Aye. Resolution 2022-88: Resolution approving question to be posted to voters regarding a proposed Hermantown sales tax for Hermantown community recreation initiative. [1:38:34] **Councilor Andy Hauschild:** I motion to table this with some of the recommended language changes and submission of this to our community groups for review and feedback as well until the next meeting. [1:38:34] **Councilor John Geissler:** I’ll second that. [1:38:34] **Mayor Wayne Boucher:** All in favor say aye. (All: Aye). Next is a motion to recess. [1:38:34] **Councilor Joe Peterson:** Motion to recess. [1:38:34] **Councilor John Geissler:** Second. [1:38:34] **Mayor Wayne Boucher:** All in favor say aye. (All: Aye).