April 1, 2024 - City Council Meeting - City of Hermantown

Hermantown's April 1, 2024, City Council Meeting

Based on the context provided, here is the corrected transcript with speaker names and phonetic misspellings corrected (e.g., "jelly" to Hjelle, "Jones" to Peterson, "the block" to LeBlanc). [0:00] **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. [0:15] **City Clerk Alissa McClure**: Councilor Peterson? **Councilor Joe Peterson**: Here. **City Clerk Alissa McClure**: Councilor Geissler? **Councilor John Geissler**: Here. **City Clerk Alissa McClure**: Councilor Hjelle? **Councilor Andy Hjelle**: Here. **City Clerk Alissa McClure**: Councilor LeBlanc? **Councilor Brian LeBlanc**: Here. **City Clerk Alissa McClure**: Mayor Boucher? **Mayor Wayne Boucher**: Here. Announcements? Do any counselors have announcements this—anything? No, looks like none. We'll move on to Communications that are placed in file. Mr. Mulder, could you give us a short synopsis of the sewer system presentation? Uh, during pre-agenda we just did kind of a brief history of... [0:47] **John Mulder**: ...the trunk sewer system. It started back in—the first construction project was actually in 2000, which is now 24 years ago. But it also just highlighted the value of the sewer and the development it has allowed. So again, just the forward-thinking to put the sewer in and then the long process for it to be completed. [1:15] **Mayor Wayne Boucher**: Thank you. Next is public discussion. Is there anyone that wishes to discuss anything with the Council that's not on tonight's agenda? We ask that you limit your time to three minutes per person. If anyone wishes to address the Council, please start with your name and address. Is there any public discussion this evening? Last opportunity for public discussion. Hearing none, we'll move on to item 10, the consent agenda. Minutes approval or correction of the March 18th, 2024 city council continuation minutes and accounts payable. Approved General City warrants from March 16, 2024, through March 31, 2024, in the amount of $642,591.67. Do we have a motion? [2:11] **Councilor Joe Peterson**: Move to approve. [2:14] **Mayor Wayne Boucher**: Motion by Councilor Peterson. Is there a second? [2:16] **Councilor Andy Hjelle**: Second. [2:17] **Mayor Wayne Boucher**: Second by Councilor Hjelle. Roll call please. [2:18] **City Clerk Alissa McClure**: Councilor Hjelle? **Councilor Andy Hjelle**: Aye. **City Clerk Alissa McClure**: Councilor LeBlanc? **Councilor Brian LeBlanc**: Aye. **City Clerk Alissa McClure**: Councilor Peterson? **Councilor Joe Peterson**: Aye. **City Clerk Alissa McClure**: Councilor Geissler? **Councilor John Geissler**: Aye. **City Clerk Alissa McClure**: Mayor Boucher? **Mayor Wayne Boucher**: Aye. [2:32] **Mayor Wayne Boucher**: Ordinances. Under ordinances we have the first reading of ordinance 2024-05, an ordinance amending and restating chapter 1020 of the prior code of the Hermantown City Code. We won't be voting on this this evening, but Mr. Mulder, is there a short explanation of this? [2:52] **John Mulder**: I'm gonna turn that over to Fire Chief Zach Graves. [2:57] **Fire Chief Zach Graves**: Yes, Mr. Mayor. From 1997 when the volunteer fire department did it—so we are doing updates to current standards. We're taking more of the jurisdiction away from the State Fire Marshal and putting it in our hands. We're going to designate our building official as a fire officer so if he finds any life safety issues, he can correct them on the spot and he'll notify us for follow-up inspections. And also, the majority of what we're asking you to adopt is already in the state. [3:30] **Mayor Wayne Boucher**: Thank you. Is there any public input on this first reading? Do any members of the public wish to comment on the change in chapter 1020 of the fire code? Any public input on Ordinance 2024-05? Hearing none, resolution 2024-37: Resolution approving pay request number eight for Road Improvement District 534 to Ulland Brothers Incorporated in the amount of $12,530.70. Is there a motion? [4:24] **Councilor Brian LeBlanc**: Move to approve. [4:26] **Mayor Wayne Boucher**: Motion by Councilor LeBlanc. Is there a second? [4:27] **Councilor Joe Peterson**: Second. [4:28] **Mayor Wayne Boucher**: Second by Councilor Peterson. Mr. Mulder, should we have our city engineer go over this? And he can probably include in his explanation the next motion. [4:34] **John Mulder**: That'd be great. [4:36] **City Engineer (Northland Consulting)**: Yeah, thank you Mayor and Council. So the resolution before you is for a pay estimate number eight for Ulland Brothers, which is directly related to the next resolution on your agenda, change order number 18. These two are connected. During the course of construction, we test the granular material that we used to build the road. Six tests failed in one area, and we had held off paying the contractor for that work until we came to resolution on how we're going to deal with that. So the construction documents allow the engineer to come up with a method to come to resolution, and the industry standard in this case is to accept the material and assess a deduct or a penalty. In this case, we agreed on a 15% deduct over the course of the material that those six tests represented. So the deduct was an amount of $12,924, I believe, and we owed them about $25,000 for the sand that we had not paid them for. So pay estimate number eight is the balance of what the 25,000 minus the 12,900 that we deduct—so that amount for payment number eight is $12,530.70. And this is all required because of a federal aid contract. If there's any failing tests, we have to track that test, why it failed, and then the correction action to those failures. [6:23] **Mayor Wayne Boucher**: Thank you. Are there any questions or comments from Council? [6:27] **Councilor Andy Hjelle**: Are we in danger of any premature failure on that road or any rework or anything due to the failed tests? [6:35] **City Engineer (Northland Consulting)**: Good question. No. And the failing test was one specific sieve size or granular size of the sand. District One, which we're part of, is my understanding the only district in the state that specifies this clean sand. And so whether it's building backfill or other areas of our industry, this standard would not be applied. So it's not what we specified, but in my opinion, it's not a risk of failure. [7:11] **Councilor Andy Hjelle**: Perfect, thank you. [7:12] **Councilor John Geissler**: Any other questions or comments from Council? I just have one clarification: we still owe them a balance to finish of $11,485, correct? And are we waiting for paperwork or something to close that out? [7:38] **City Engineer (Northland Consulting)**: There's one leaky valve and then there's some survey monuments that still need to be set. So we're going to get through the spring and get out of the weight restrictions on the roads and then we can get that work done. [7:51] **Councilor John Geissler**: Thank you. [7:52] **Mayor Wayne Boucher**: Any other questions or comments from Council? Is there any public comment on this resolution? Any public comment on resolution 2024-37? Is there any public comment on the resolution approving pay request number eight? Roll call please. [8:22] **City Clerk Alissa McClure**: Councilor Geissler? **Councilor John Geissler**: Aye. **City Clerk Alissa McClure**: Councilor Hjelle? **Councilor Andy Hjelle**: Aye. **City Clerk Alissa McClure**: Councilor LeBlanc? **Councilor Brian LeBlanc**: Aye. **City Clerk Alissa McClure**: Councilor Peterson? **Councilor Joe Peterson**: Aye. **City Clerk Alissa McClure**: Mayor Boucher? **Mayor Wayne Boucher**: Aye. [8:34] **Mayor Wayne Boucher**: Next is resolution 2024-38: Resolution approving change order number 18 for Road Improvement District number 534 Ugstad and Arrowhead roads. Do we have a motion? [8:51] **Councilor John Geissler**: Move to approve. [8:54] **Mayor Wayne Boucher**: Motion by Councilor Geissler. Is there a second? [8:55] **Councilor Joe Peterson**: Second. [8:57] **Mayor Wayne Boucher**: Second by Councilor Peterson. I believe we just got the whole explanation on this one during our last motion. Are there any questions or comments from Council? Is there any public input on this resolution? Any public input on the approval of change order number 18 for Road Improvement project 534? Is there any public input on resolution 2024-38? Roll call please. [9:34] **City Clerk Alissa McClure**: Councilor LeBlanc? **Councilor Brian LeBlanc**: Aye. **City Clerk Alissa McClure**: Councilor Hjelle? **Councilor Andy Hjelle**: Aye. **City Clerk Alissa McClure**: Councilor Geissler? **Councilor John Geissler**: Aye. **City Clerk Alissa McClure**: Councilor Peterson? **Councilor Joe Peterson**: Aye. **City Clerk Alissa McClure**: Mayor Boucher? **Mayor Wayne Boucher**: Aye. [9:46] **Mayor Wayne Boucher**: Resolution 2024-39: Resolution authorizing and directing Mayor and City Clerk to execute and deliver naming rights agreement for Hermantown Ice Arena project. Is there a motion? [10:00] **Councilor Brian LeBlanc**: Move to approve. [10:03] **Mayor Wayne Boucher**: Motion by Councilor LeBlanc. Is there a second? [10:03] **Councilor Joe Peterson**: Second. [10:05] **Mayor Wayne Boucher**: Second by Councilor Peterson. Mr. Mulder? [10:06] **John Mulder**: The agreement for the naming rights, because the school district owns it, is between this company and the school. But because the city is building it, the money will come directly to the city as opposed to the school. Therefore, we're a signature to the agreement. [10:12] **Mayor Wayne Boucher**: Thank you. Are there any questions or comments from Council? It's good to see this moving along. Is there any public input on this resolution? Any public input on resolution 2024-39? Any public input on the resolution authorizing and directing Mayor and City Clerk to execute and deliver a naming rights agreement for the Hermantown Ice Arena project? Roll call please. [10:50] **City Clerk Alissa McClure**: Councilor Peterson? **Councilor Joe Peterson**: Aye. **City Clerk Alissa McClure**: Councilor Geissler? **Councilor John Geissler**: Aye. **City Clerk Alissa McClure**: Councilor Hjelle? **Councilor Andy Hjelle**: Aye. **City Clerk Alissa McClure**: Councilor LeBlanc? **Councilor Brian LeBlanc**: Aye. **City Clerk Alissa McClure**: Mayor Boucher? **Mayor Wayne Boucher**: Aye. [11:03] **Mayor Wayne Boucher**: Next is resolution 2024-40: Resolution authorizing the City of Hermantown to sponsor the Minnesota Department of Natural Resources for the Regional Trail program funding request associated with the construction of Hermantown Community Connector trail from Hermantown Road to Morris Thomas Road and Keene Creek Park to Stebner Road. Is there a motion? [11:23] **Councilor John Geissler**: Motion to approve. [11:25] **Mayor Wayne Boucher**: Motion by Councilor Geissler. Is there a second? [11:27] **Councilor Andy Hjelle**: Second. [11:28] **Mayor Wayne Boucher**: Second by Councilor Hjelle. Mr. Mulder, would you like me to have Mr. Johnson address this? [11:34] **John Mulder**: Sure. [11:35] **Eric Johnson**: As Eric mentioned, this is a local trail connection program grant from the DNR. The grant request is $250,000. This is for work that would happen in 2025, assuming we're successful with the grant. And it's for segments three and four of our trail system, like we said, from Hermantown Road down to Stebner Road and the city. [12:10] **Mayor Wayne Boucher**: Thank you. Are there any questions or comments from Council? Hearing none, is there any public input to resolution 2024-40? Any public input for this resolution? Public input to the resolution authorizing the application for a trail program funding request. Roll call please. [12:35] **City Clerk Alissa McClure**: Councilor Hjelle? **Councilor Andy Hjelle**: Aye. **City Clerk Alissa McClure**: Councilor LeBlanc? **Councilor Brian LeBlanc**: Aye. **City Clerk Alissa McClure**: Councilor Peterson? **Councilor Joe Peterson**: Aye. **City Clerk Alissa McClure**: Councilor Geissler? **Councilor John Geissler**: Aye. **City Clerk Alissa McClure**: Mayor Boucher? **Mayor Wayne Boucher**: Aye. [12:49] **Mayor Wayne Boucher**: Um, next is we have no closed session this evening. Motion to recess. Do we have a motion? [12:54] **Councilor Andy Hjelle**: Motion to recess. [12:57] **Mayor Wayne Boucher**: Motion by Councilor Hjelle. Is there a second? [12:58] **Councilor John Geissler**: Second. [13:00] **Mayor Wayne Boucher**: Second by Councilor Geissler. All in favor say aye. **City Council**: Aye. **Mayor Wayne Boucher**: Opposed, same sign.