February 7, 2022 - City Council Meeting

Hermantown's February 7, 2022, City Council Meeting

This transcript features **Mayor Wayne Boucher** presiding over the meeting, with **City Administrator John Mulder** providing administrative updates. Other speakers include **Kevin Orme** (Finance), **Eric Johnson** (Community Development), and members of the City Council. Note: While your list mentions Councilors Hjelle and LeBlanc, the transcript explicitly records **Councilor Nelson** and **Councilor Hauschild** as present and voting. *** [0:11] **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. [0:26] **Mayor Wayne Boucher**: Roll call please. **Alissa McClure (City Clerk)**: Councilor Geisler? **Councilor John Geissler**: Here. **Alissa McClure**: Councilor Hauschild? **Councilor Hauschild**: Here. **Alissa McClure**: Councilor Nelson? **Councilor Nelson**: Here. **Alissa McClure**: Councilor Peterson? **Councilor Joe Peterson**: Here. **Alissa McClure**: Mayor Boucher? **Mayor Wayne Boucher**: Here. We have announcements section here. Any councilors with announcements they'd like to make? Redistricting maps will come out around February 15th so we'll know what legislative district Hermantown is in at that time and that will be interesting and that is the ones from the court, yes. Thank you. Anything else from council? I wanted to mention some procedural things for anyone either attending in person or online. [1:12] **Mayor Wayne Boucher**: We will have different areas of time for public discussion. Near the beginning of the meeting there will be an item for public discussion of anything not on the agenda this evening. That is for all items that we're not going to be voting on tonight. If we had a public hearing we would have public discussion in connection with that, but there is no public hearing this evening. After that, motions, ordinances, and resolutions. We will have a motion or a point of time for public discussion on any item that we will be voting on that has a chance of passing. So if it was the first reading of an ordinance we do not have public discussion for that, but anything that has a chance of being voted on and passed tonight will have a separate time for public discussion during the discussion of that item. Mr. Mulder, communications? [1:58] **John Mulder**: We have two items in your packet. Both of them are from staff just about updating you on a contract with St. Louis County and then just letting you be aware that we're going to be removing some trees as part of the Uggstead Road project. [2:43] **Mayor Wayne Boucher**: Thank you. We have no presentations at this meeting. Now is the time for general public discussion if anyone either online or in the audience in council chambers has items to discuss with the council or present to us that are not on the agenda. Please state your name and address for the record. If you're in chambers you can approach the podium, if you're online feel free to speak at this time. [2:43] **Bryce Hanson**: Thank you Council. My name is Bryce Hanson, I'm here with the Hermantown Youth Soccer Association. We have been making preparations to begin the process of a business plan as well as land acquisition looking at the possibility of doing an indoor facility in Hermantown. It has come to our attention through this process that the City of Hermantown may already be engaged in this process with another organization. Before we spend blood and treasure to go through the process, we were wondering if we could be enlightened on that if anybody knows of something that's going on. If they would like to share that with us we would be happy to partner with said organization. We would just like to be part of it. Being a non-profit, we don't want to spend money that we don't have. [3:31] **Mayor Wayne Boucher**: I understand. We'll have someone from staff contact you for some conversation on that. If you could leave contact information with the City Clerk before you leave if you leave before the end of the meeting, otherwise feel free to stick around till the meeting's over and we can have some conversation there. Thank you. Is there anyone else in chambers that wishes to address the council at this time? Seeing none, is there anyone on the online meeting that wishes to speak to the council? If so, start with your name and address please. [4:32] **Mayor Wayne Boucher**: One last opportunity for public discussion. If anyone wishes to speak to the council please state your name and address. Am I missing something? Okay, if there is no public discussion we will move on to the consent agenda. Do we have a motion for the consent agenda? [4:47] **Councilor Hauschild**: So moved. **Councilor John Geissler**: Second. **Mayor Wayne Boucher**: Motion by Councilor Hauschild, second by Councilor Geisler. Roll call please. **Alissa McClure**: Councilor Hauschild? **Councilor Hauschild**: Aye. **Alissa McClure**: Councilor Nelson? **Councilor Nelson**: Aye. **Alissa McClure**: Councilor Peterson? **Councilor Joe Peterson**: Aye. **Alissa McClure**: Councilor Geisler? **Councilor John Geissler**: Aye. **Alissa McClure**: Mayor Boucher? **Mayor Wayne Boucher**: Aye. Motions. Motion A: a motion to approve or deny a sewer credit of $63,710 for the Y at the Essentia Wellness Center. Do we have a motion? [5:32] **Councilor Joe Peterson**: Motion. **Councilor Nelson**: Second. **Mayor Wayne Boucher**: Motion by Councilor Peterson, second by Councilor Nelson. Mr. Mulder? **John Mulder**: This is as a result of identifying that there had been a leak in the pool during 2021. We didn't catch it right away, and so we've talked about this. Originally the utility commission did give a one-month credit for the sewer leak, but as we looked at this closer we saw that it was over several months. This would be in keeping with what we've done in various private homes where we've known that they've had a leak or a situation where the water did not go down the sewer, so we don't charge them for the sewer portion of it. [6:18] **Mayor Wayne Boucher**: Thank you. Do we have any questions or comments from council on this? **Councilor Joe Peterson**: I just follow up that I think Mr. Mulder and I've had some conversations about pursuing this a little bit further with McGough Construction to find out a little bit more what happened and why it happened and what they did to do the exact fix and make sure it doesn't happen again. **Mayor Wayne Boucher**: Thank you. Anything else from council? Is there any public input on this motion? If so, please state your name and address for the record. Is there any public input on the motion to approve a sewer credit of $63,710 for the Y at the Essentia Wellness Center? With no public input I'd ask for a roll call. [6:47] **Alissa McClure**: Councilor Nelson? **Councilor Nelson**: Aye. **Alissa McClure**: Councilor Peterson? **Councilor Joe Peterson**: Aye. **Alissa McClure**: Councilor Geisler? **Councilor John Geissler**: Aye. **Alissa McClure**: Councilor Hauschild? **Councilor Hauschild**: Aye. **Alissa McClure**: Mayor Boucher? **Mayor Wayne Boucher**: Aye. Ordinances. Ordinance 2022-01: an ordinance amending Section 220 City Administrator of the Hermantown City Code by modifying the city administrator's ability to sign for purchase orders for set limits. This is a first reading. Next we will move to resolutions. [7:33] **Mayor Wayne Boucher**: Resolution 2022-10: resolution amending and restating resolution number 2021-87 ordering improvement and directing preparation of final plans and specifications for road improvement district number 538. Do we have a motion? **Councilor John Geissler**: Motion to approve. **Councilor Hauschild**: Second. **Mayor Wayne Boucher**: Motion by Councilor Geisler, second by Councilor Hauschild. Mr. Mulder? **John Mulder**: At the last meeting we had a public hearing on the road improvement plans for the Hermitage Marketplace District 538. Because there weren't four members of the council there, we actually had it tabled because we needed four-fifths votes on this resolution. [8:20] **Mayor Wayne Boucher**: Thank you. Do we have any questions or comments from council? With no comments from council do we have any public input on Resolution 2022-10? If so, please state your name and address for the record. Is there any public input on Resolution 2022-10? With no input we would have a roll call. [8:55] **Alissa McClure**: Councilor Peterson? **Councilor Joe Peterson**: Aye. **Alissa McClure**: Councilor Geisler? **Councilor John Geissler**: Aye. **Alissa McClure**: Councilor Hauschild? **Councilor Hauschild**: Aye. **Alissa McClure**: Councilor Nelson? **Councilor Nelson**: Aye. **Alissa McClure**: Mayor Boucher? **Mayor Wayne Boucher**: Aye. Resolution 2022-15: resolution approving the donation of easements to the city of Hermantown for the Uggstead Road and the Arrowhead Road improvement. Do you have a motion? [9:41] **Councilor Nelson**: Motion to approve. **Councilor Joe Peterson**: Second. **Mayor Wayne Boucher**: Motion by Councilor Nelson, second by Councilor Peterson. Mr. Mulder? **John Mulder**: Again, this is a situation where we had this on the agenda at the last meeting, but again we need four votes for this project. This resolution is the city donating the easements to the project and we're doing that a little extra step this way because we want to make sure that all the paperwork is in proper order because we're getting federal funds for this project. [10:00] **Mayor Wayne Boucher**: Thank you. Any questions or comments from council? Hearing none, is there any public input on Resolution 2022-15? If there is any input on Resolution 2022, please state your name and address for the record. Roll call please. [10:12] **Alissa McClure**: Councilor Geisler? **Councilor John Geissler**: Aye. **Alissa McClure**: Councilor Hauschild? **Councilor Hauschild**: Aye. **Alissa McClure**: Councilor Nelson? **Councilor Nelson**: Aye. **Alissa McClure**: Councilor Peterson? **Councilor Joe Peterson**: Aye. **Alissa McClure**: Mayor Boucher? **Mayor Wayne Boucher**: Aye. Resolution 2022-17: resolution authorizing the Director of Finance and Administration to amend selected 2021 budgets and make transfers. Do we have a motion? [10:57] **Councilor Hauschild**: So moved. **Councilor Nelson**: Second. **Mayor Wayne Boucher**: Motion by Councilor Hauschild, second by Councilor Nelson. Mr. Mulder? **John Mulder**: Maybe Mr. Orme can provide a better explanation than I can. **Kevin Orme**: Thank you Mr. Mayor, members of Council. Periodically we go through the budgets and look to see if there's anything that needs to be amended—usually it's annually. In this resolution there's a couple budget amendments and a couple transfers primarily related to: one, redoing some bonds and refinancing some bonds; and two, apportioning out the cost between the various buckets for the big Junction Road improvements this summer. So that's what we're presenting to you tonight. [11:43] **Mayor Wayne Boucher**: Thank you. Any questions or comments from council? Is there any public input on this resolution? If there's any public input on Resolution 2022-17, please state your name and address for the record. With no public input I'd ask for a roll call. [11:43] **Alissa McClure**: Councilor Hauschild? **Councilor Hauschild**: Aye. **Alissa McClure**: Councilor Nelson? **Councilor Nelson**: Aye. **Alissa McClure**: Councilor Peterson? **Councilor Joe Peterson**: Aye. **Alissa McClure**: Councilor Geisler? **Councilor John Geissler**: Aye. **Alissa McClure**: Mayor Boucher? **Mayor Wayne Boucher**: Aye. Resolution 2022-18: resolution authorizing and directing Mayor and City Clerk to execute an acceptance of easement agreement to the City of Hermantown from Independent School District number 700 for the Uggstead Road and Arrowhead Road improvement. Do you have a motion? [12:30] **Councilor Hauschild**: So moved. **Councilor Nelson**: Second. **Mayor Wayne Boucher**: Motion by Councilor Hauschild, second by Councilor Nelson. Mr. Mulder? **John Mulder**: Again, as part of the Uggstead and Arrowhead Road improvement project, we asked the school district to grant us some easements. Both of them are temporary but there were a couple of permanent ones for some culverts that we were putting under the road. They approved those at their January 24th meeting, so we're asking you to accept those. Because this is a road project, we think this needs four votes. [13:03] **Mayor Wayne Boucher**: Thank you. Any questions or comments from council? Is there any public input on this resolution? If so, please state your name and address for the record. Is there any public input on Resolution 2022-18? With no public input I'd ask for a roll call. [13:11] **Alissa McClure**: Councilor Nelson? **Councilor Nelson**: Aye. **Alissa McClure**: Councilor Peterson? **Councilor Joe Peterson**: Aye. **Alissa McClure**: Councilor Geisler? **Councilor John Geissler**: Aye. **Alissa McClure**: Councilor Hauschild? **Councilor Hauschild**: Aye. **Alissa McClure**: Mayor Boucher? **Mayor Wayne Boucher**: Aye. Resolution 2022-19: resolution approving amendments to Planned Unit Development for the plat of Pineview. Do we have a motion? **Councilor Joe Peterson**: Motion to approve. **Councilor John Geissler**: Second. **Mayor Wayne Boucher**: Motion by Councilor Peterson, second by Councilor Geisler. Mr. Mulder? **John Mulder**: Should we ask Mr. Johnson? **Mayor Wayne Boucher**: Yes, please explain this, Eric. [13:58] **Eric Johnson**: Great, thank you very much. What this is is a PUD amendment to the Pineview plat and PUD. This was originally approved back in 2005 as an all-twin-home development. This property is located east of Uggstead Road and south of Highway 53. In 2010, the developer at that time asked the City Council to have the first amendment associated with this where a handful of the lots were converted from twin homes to actually single-family, as there was a downturn in the market for two-family homes. Now fast forwarding to 2021 and '22, a local builder developer citizen has purchased a couple of the lots within this development. Last year he did request that two of these lots were converted back to the two-family homes; that was approved in late 2021. That person has now purchased the two adjoining lots next to it and is asking for the same thing—that these lots no longer have the single-family designation but he has the ability to construct one twin home on top of those. [14:44] **Mayor Wayne Boucher**: Thank you. Do we have any questions or comments from council? 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 2022-19? Roll call please. [15:17] **Alissa McClure**: Councilor Peterson? **Councilor Joe Peterson**: Aye. **Alissa McClure**: Councilor Geisler? **Councilor John Geissler**: Aye. **Alissa McClure**: Councilor Hauschild? **Councilor Hauschild**: Aye. **Alissa McClure**: Councilor Nelson? **Councilor Nelson**: Aye. **Alissa McClure**: Mayor Boucher? **Mayor Wayne Boucher**: Aye. Resolution 2022-20: resolution approving preliminary and final plat of Radar Run and imposing conditions on the final plat. Motion to approve? **Councilor Nelson**: Motion. **Councilor John Geissler**: Second. **Mayor Wayne Boucher**: Motion by Councilor Nelson, second by Councilor Geisler. Mr. Mulder? **John Mulder**: Should we have Mr. Johnson analyze again? **Mayor Wayne Boucher**: Eric? [16:05] **Eric Johnson**: Great, thank you again. What this is is a preliminary and final plat for the subdivision of five acres of land along Gethsemane Road. It's just north of the White Pine/Red Cedar development. The applicant and the developer purchased this entire 10-acre property which has been on the market for some time for the purpose of subdividing it and having a single-family home development. After numerous iterations, the developer finally came up with the idea of subdividing just the front five acres of this property into six individual lots. Each one of these lots either meet or exceed the R3 zoning conditions associated with that area, so each lot is either 100 feet or greater in width and over one-half acre in size. So this is a standard plat that we would see under the ordinance. There will be the extension of water and sewer that will need to be happening for this development; that will occur via a utility extension agreement that is in the process right now. Staff is working with the applicant on the plans for that and we would see that at the City Council probably in the next one to two months. [16:52] **Mayor Wayne Boucher**: Thank you. Any questions or comments from council? Is there any public input on Resolution 2022-20? If so, please state your name and address for the record. Is there public input on this resolution for a special use permit or the final plat of Radar Run? With no public input I'd ask for a roll call. [17:24] **Alissa McClure**: Member Geisler? **Councilor John Geissler**: Aye. **Alissa McClure**: Member Hauschild? **Councilor Hauschild**: Aye. **Alissa McClure**: Member Nelson? **Councilor Nelson**: Aye. **Alissa McClure**: Member Peterson? **Councilor Joe Peterson**: Aye. **Alissa McClure**: Mayor Boucher? **Mayor Wayne Boucher**: Aye. Resolution 2022-21: resolution approving special use permit for the construction of a two-family home in an R3 residential zoning district and within a recreational shoreland area. Do we have a motion? [18:10] **Councilor John Geissler**: Motion to approve. **Councilor Hauschild**: Second. **Mayor Wayne Boucher**: Motion by Councilor Geisler, second by Councilor Hauschild. Mr. Johnson? **Eric Johnson**: Great, thank you again. What's before us is a special use permit for the construction of a two-family home in an R3 zoning district; that home would be taking place in an existing recreation shoreland area. Twin homes or two-family homes are allowed under the R3 zoning ordinance assuming they meet specific requirements, i.e. greater setbacks as well as lot size. This is an existing outlet associated with the Evergreen Fourth Edition, otherwise known as the Gross Ridge development. This lot had been vacant for a number of years. The applicant has since purchased this property for the ability to construct this two-family home. There is a portion of upland area which is non-wetland area located in the northeast portion of the site. The applicant is proposing to locate that two-family home in that location. There will be wetland impacts associated with that; he will be required as one of the conditions to work with the Hermantown technical evaluation panel for these wetland impacts. This two-family home does meet the dimensional requirements associated with this type of use, i.e. it meets the 40-foot side yard setback as well as a 50-foot front yard setback and the lot size is greater than the one acre, this being a four-acre lot. [19:41] **Mayor Wayne Boucher**: Thank you. Are there any questions or comments from council? I just have one comment that I was contacted by the northern property owner of this when the property was put up for sale last year with concerns about some type of debris that has been deposited on this property adjacent to that homeowner's property. That is something, Eric, that we would look at during the construction and make sure that debris is not buried or left in place? **Eric Johnson**: Exactly. We have the ability to add to the conditions that right now we don't allow onsite burning of material for instance or burying, so this is a great opportunity to get that removed and get that site cleaned up. **Mayor Wayne Boucher**: Thank you. Any other questions or comments from council? **Councilor John Geissler**: I have one. Access to this property—will that be off of Gross Ridge or will it be off of the back? **Eric Johnson**: It'll be off the back. That Gross Ridge right-of-way that the city still maintains—that's the extreme south end of this property and that's 100% wetland down there. **Councilor John Geissler**: Thank you. **Mayor Wayne Boucher**: So this is at the far end of that four-acre property. Great, thank you. Any other questions or comments from council? Is there anyone from the public that wishes to comment on this resolution? If so, state your name and address for the record. Are there any public comments on Resolution 2022-21? Roll call please. [21:23] **Alissa McClure**: Councilor Hauschild? **Councilor Hauschild**: Aye. **Alissa McClure**: Councilor Nelson? **Councilor Nelson**: Aye. **Alissa McClure**: Councilor Peterson? **Councilor Joe Peterson**: Aye. **Alissa McClure**: Councilor Geisler? **Councilor John Geissler**: Aye. **Alissa McClure**: Mayor Boucher? **Mayor Wayne Boucher**: Aye. Resolution 2022-22: a resolution approving amendments to the management compensation plan. **Councilor Joe Peterson**: Motion to approve. **Councilor Hauschild**: Second. **Mayor Wayne Boucher**: Motion by Councilor Peterson, second by Councilor Hauschild. Mr. Mulder? **John Mulder**: So we have settled all of our union contracts through '22, '23, and '24. We met with the management employees about a week and a half ago and are making these recommended changes. [22:10] **Mayor Wayne Boucher**: Thank you. Any questions or comments from council? Is there any public input on Resolution 2022-22? If so please state your name and address for the record. Is there any public input on this resolution? Roll call please. [22:25] **Alissa McClure**: Councilor Nelson? **Councilor Nelson**: Aye. **Alissa McClure**: Councilor Peterson? **Councilor Joe Peterson**: Aye. **Alissa McClure**: Councilor Geisler? **Councilor John Geissler**: Aye. **Alissa McClure**: Councilor Hauschild? **Councilor Hauschild**: Aye. **Alissa McClure**: Mayor Boucher? **Mayor Wayne Boucher**: Aye. Resolution 2022-23: resolution authorizing and directing the distribution of the pay equity study to the State of Minnesota for the City of Hermantown. **Councilor John Geissler**: Motion to approve. **Councilor Joe Peterson**: Second. **Mayor Wayne Boucher**: Motion by Councilor Geisler, second by Councilor Peterson. Mr. Mulder? **John Mulder**: So we're required by the State of Minnesota to review our pay plan to make sure that we have equity across gender. We file this every three years. Baker Tilly—used to be Springstead—analyzed that and did all the tests and we are in compliance. [23:13] **Mayor Wayne Boucher**: Thank you. Any questions or comments from council? Is there any public input on Resolution 2022-23? If there's any public input on this resolution please state your name and address for the record. Roll call please. [23:40] **Alissa McClure**: Councilor Peterson? **Councilor Joe Peterson**: Aye. **Alissa McClure**: Councilor Geisler? **Councilor John Geissler**: Aye. **Alissa McClure**: Councilor Hauschild? **Councilor Hauschild**: Aye. **Alissa McClure**: Councilor Nelson? **Councilor Nelson**: Aye. **Alissa McClure**: Mayor Boucher? **Mayor Wayne Boucher**: Aye. Resolution 2022-24: resolution approving an update to the City of Hermantown Minnesota Government Data Practices Act City Hall procedures. Do we have a motion? **Councilor Nelson**: Motion to approve. **Councilor Joe Peterson**: Second. **Mayor Wayne Boucher**: Motion by Councilor Nelson, second by Councilor Peterson. Mr. Mulder? **John Mulder**: So for this resolution and then the next one, we review those on an annual basis and the only upgrade that we're obtaining or change that we're making is a reference to the new City Clerk. [24:28] **Mayor Wayne Boucher**: Thank you. Any questions or comments from council? **Councilor Joe Peterson**: All that paper for the only change! **John Mulder**: Little bottle of white-out! **Mayor Wayne Boucher**: That's why we don't print it out. Any other questions or comments from council? Is there any member of the public that wishes to comment on this resolution? If so, please state your name and address for the record. Is there any public input on Resolution 2022-24? Roll call please. [25:02] **Alissa McClure**: Councilor Geisler? **Councilor John Geissler**: Aye. **Alissa McClure**: Councilor Hauschild? **Councilor Hauschild**: Aye. **Alissa McClure**: Councilor Nelson? **Councilor Nelson**: Aye. **Alissa McClure**: Councilor Peterson? **Councilor Joe Peterson**: Aye. **Alissa McClure**: Mayor Boucher? **Mayor Wayne Boucher**: Aye. Resolution 2022-25: resolution approving an update to the City of Hermantown Minnesota Government Data Practices Act Police Department procedures. Do you have a motion? **Councilor Nelson**: Motion to approve. **Councilor John Geissler**: Second. **Mayor Wayne Boucher**: Motion by Councilor Nelson, second by Councilor Geisler. Mr. Mulder? **John Mulder**: Again, this is the same thing. This is for the police side of the operations and it's an update just for the City Clerk. [25:49] **Mayor Wayne Boucher**: Thank you. Any questions or comments from council? Hearing none, is there any public input on Resolution 2022-25? If there is any public input on this resolution, please state your name and address for the record. Roll call please. [26:05] **Alissa McClure**: Councilor Hauschild? **Councilor Hauschild**: Aye. **Alissa McClure**: Councilor Nelson? **Councilor Nelson**: Aye. **Alissa McClure**: Councilor Peterson? **Councilor Joe Peterson**: Aye. **Alissa McClure**: Councilor Geisler? **Councilor John Geissler**: Aye. **Alissa McClure**: Mayor Boucher? **Mayor Wayne Boucher**: Aye. And next, last on the agenda is a motion to recess. Do we have a motion? **Councilor Joe Peterson**: Motion to recess. **Councilor Nelson**: Second. **Councilor John Geissler**: Second. **Mayor Wayne Boucher**: Motion by Councilor Peterson, seconded by Nelson and Geisler. All in favor? **Council Members**: Aye. **Mayor Wayne Boucher**: Opposed, same signs. [Meeting adjourned]