October 4, 2021 Hermantown City Council Meeting

City of Hermantown's October 4, 2021, City Council Meeting

Based on the context provided and the content of the transcript (which refers to resolutions from 2021), it appears this is a meeting of the **Hermantown City Council**. Note that while your list includes Andy Hjelle and Brian LeBlanc, the transcript explicitly identifies a "Councilor Hostchild" (Natalie Hauschild, who served on the council in 2021) and the Mayor addresses her as "Natalie" at [13:02]. [0:03] **Mayor Wayne Boucher**: ...allegiance to the life 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 Geisler? [0:16] **Councilor John Geissler**: Here. [0:17] **City Clerk Alissa McClure**: Hostchild? [0:18] **Councilor Natalie Hauschild**: Here. [0:19] **City Clerk Alissa McClure**: Peterson? [0:20] **Councilor Joe Peterson**: [Present]. [0:21] **City Clerk Alissa McClure**: Mayor Boucher? [0:22] **Mayor Wayne Boucher**: Here. Announcements—are there any counselors that have announcements to make this evening? Okay, moving on to public hearing. we have a public hearing on the 2022 fee schedule increase of planning and zoning fees. Uh, Mr. Mulder? [0:38] **City Administrator John Mulder**: So every year we review the fee schedule and we make adjustments to some of the fees. And this year we looked at specifically some of the zoning fees along with the utility charges and stuff like that, and the planning and zoning things required us to have a public hearing. So we are—that's what we're at tonight. Let me find it here a second. [1:20] **Mayor Wayne Boucher**: Thank you. Do you have any questions or comments from council? Is there anyone here in the public that wishes to give testimony or make comments to the council on the planning and zoning fee proposed increases? If you're online or present in the building, please state your name and address for the record. Is there any public comment on the 2022 fee schedule increase? [2:02] **Mayor Wayne Boucher**: We will move on to the next item. We have no presentations this evening at this meeting. Public discussion: this is the time that individuals can address the council about any item not on the agenda. We ask that you limit your time to three minutes per person. Is there anyone either present or online that wishes to address the council? If so, state your name and address for the record. Any public discussion this evening? [2:45] **Mayor Wayne Boucher**: Through no public discussion, we'll move on to the consent agenda consisting of minutes and accounts payable. Do we have a motion? [2:52] **Councilor Natalie Hauschild**: Motion to approve. [2:53] **Councilor John Geissler**: Second. [2:54] **Mayor Wayne Boucher**: Questioned by councillor Peterson, second by councillor Geisler. Roll call please. [3:00] **City Clerk Alissa McClure**: Councilor Hostchild? [3:01] **Councilor Natalie Hauschild**: Aye. [3:02] **City Clerk Alissa McClure**: Peterson? [3:03] **Councilor Joe Peterson**: Aye. [3:04] **City Clerk Alissa McClure**: Geisler? [3:05] **Councilor John Geissler**: Aye. [3:06] **City Clerk Alissa McClure**: Mayor Boucher? [3:07] **Mayor Wayne Boucher**: Aye. No motions this evening. Under ordinances, we have the first reading of ordinance 2021-09, an ordinance amending a code of ordinances section 270 fee schedule. The second reading, public input on this, and vote will be in two weeks. Mr. Mulder? [3:25] **City Administrator John Mulder**: That's correct. [3:27] **Mayor Wayne Boucher**: Resolutions. Resolution 2021-122, resolution approving change order number two for road improvement district number 537, Lake Junction Road. Do we have a motion? [3:42] **Councilor Natalie Hauschild**: So moved. [3:43] **Councilor John Geissler**: Second. [3:44] **Mayor Wayne Boucher**: Motion by Councilor Hauschild, second by Councilor Geissler. Mr. Mulder, should we have our city engineer address this since he's here? [3:52] **City Administrator John Mulder**: Let's. Mr. Bolf? [3:53] **City Engineer David Bolf**: Yeah, thank you Mayor and Council. So this is change order number two for the Lake Junction. There's five pieces to this. The first one is in regards to some driveways; we encountered some ledge rock and we needed to clear some trees and do some—put a couple of new culverts in and add some rip rap for that. The second piece is we had some water services that we reduced the cover with our new ditch grade, so we insulated the water services. We adjusted the ditch grade and some culverts associated with that. The third item is we installed some new castings; the original plan was to utilize the existing castings and those were not in good condition, so we decided to add castings. And then items four and five are kind of connected, and these both have to do with the sub-cut or the subgrade of the roadway. When we were excavating, there was a lot of wet and organic material that we encountered, and between the Public Works Director, myself, and Braun, we determined and directed the contractor to remove that material and replace it with granular borrow to firm up and stabilize that road. And that is the bulk of the change order for a total of $147,281.10. [5:36] **Mayor Wayne Boucher**: Thank you. Any questions or comments from council? [5:40] **Councilor Joe Peterson**: Uh, just to clarify, the completion date that was extended as well? [5:45] **City Engineer David Bolf**: Yes, so part of this change order we extended the completion date to October 16th. [5:51] **Councilor Joe Peterson**: Thank you. [5:52] **Mayor Wayne Boucher**: Thank you. Any other questions or comments from council? Is there any public input on this resolution? If so, state your name and address for the record. Is there any public input on resolution 2021-122? [6:18] **City Clerk Alissa McClure**: Roll call please. Councilor Peterson? [6:22] **Councilor Joe Peterson**: Aye. [6:23] **City Clerk Alissa McClure**: Geisler? [6:24] **Councilor John Geissler**: Aye. [6:25] **City Clerk Alissa McClure**: Hostchild? [6:26] **Councilor Natalie Hauschild**: Aye. [6:27] **City Clerk Alissa McClure**: Mayor Boucher? [6:28] **Mayor Wayne Boucher**: Aye. Resolution 2021-123, resolution approving pay request number six for road improvement district number 537, Lake Junction Road, to Uhulin Brothers Incorporated in the amount of $224,407.10. Do you have a motion? [6:48] **Councilor Joe Peterson**: Motion to approve. [6:49] **Councilor Natalie Hauschild**: Second. [6:50] **Mayor Wayne Boucher**: Motion by Councilor Peterson, second by Councilor Hauschild. Mr. Mulder, should we have the city engineer address this one again? [6:57] **City Administrator John Mulder**: Sure. Mr. Bolf? [6:58] **City Engineer David Bolf**: Yeah, thank you Mayor and council. So this is the next estimate for the Lake Junction to Uhulin Brothers. This is another partial pay estimate. The bulk of this is the change order number two that you just previously approved for an amount of $224,407.10. [7:26] **Mayor Wayne Boucher**: Thank you. Any questions or comments from council? Is there any public input on this resolution? If so, state your name and address for the record. Is there any public input on resolution 2021-123, the pay request for the Lake Junction Road? [8:00] **City Clerk Alissa McClure**: Roll call please. Councilor Geisler? [8:04] **Councilor John Geissler**: Aye. [8:05] **City Clerk Alissa McClure**: Hostchild? [8:06] **Councilor Natalie Hauschild**: [Aye]. [8:07] **City Clerk Alissa McClure**: Peterson? [8:08] **Councilor Joe Peterson**: Aye. [8:09] **City Clerk Alissa McClure**: Mayor Boucher? [8:10] **Mayor Wayne Boucher**: Aye. Resolution 2021-124, resolution approving a special use permit for the construction of a two-family home in an R3 residential zoning district. We have a motion? [8:23] **Councilor John Geissler**: Motion to approve. [8:24] **Councilor Joe Peterson**: Second. [8:25] **Mayor Wayne Boucher**: Motion by Councilor Geisler, second by Councilor Peterson. Mr. Mulder, should we have Mr. Johnson address this? [8:30] **City Administrator John Mulder**: Sure. Eric? [8:32] **Community Development Director Eric Johnson**: Great, thank you very much. Before us this evening is a special use permit for the construction of a two-family residential structure. This property is located at 4012 Ugstad Road. This had originally been a five-acre property that was subdivided by way of a flag lot earlier this summer. The applicant before us this evening purchased basically the parent property of that lot with 2.2 acres on it and an existing home and an outbuilding. Since the purchase, the applicant has demolished the existing home associated with the lot for the purpose of constructing this two-family home at this future date here. This lot does meet or exceed all the requirements associated with the two-family home in an R3 zoning district, not only from lot area but also lot width and setbacks. [9:21] **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 2021-124, a special use permit? [9:53] **City Clerk Alissa McClure**: Roll call please. Councilor Hostchild? [9:57] **Councilor Natalie Hauschild**: Aye. [9:58] **City Clerk Alissa McClure**: Peterson? [9:59] **Councilor Joe Peterson**: Aye. [10:00] **City Clerk Alissa McClure**: Geisler? [10:01] **Councilor John Geissler**: Aye. [10:02] **City Clerk Alissa McClure**: Mayor Boucher? [10:03] **Mayor Wayne Boucher**: Aye. Resolution 2021-125, resolution approving change order number seven for sewer improvement district number 448. Do we have a motion? [10:15] **Councilor Natalie Hauschild**: So moved. [10:16] **Councilor John Geissler**: On a second. [10:17] **Mayor Wayne Boucher**: Motioned by Councilor Hauschild, second by Councilor Geisler. Mr. Mulder, should we turn this one over to the engineer again? [10:24] **City Administrator John Mulder**: Sure. Mr. Bolf? [10:25] **City Engineer David Bolf**: Thank you Mayor and Council. So this is change order number seven for the trunk sewer spur project. There are six items associated with this change order. Number one is that we added five galvanized gates at select locations. Item two is we originally had shouldering along the trail within the Stebner Park; we didn't feel that was the best use, so we asked them to remove the shouldering and we put some sod and seed and blanket in that area. And we also—there was also some rocks that we placed in select locations along the trail. Item three is to adjust castings along the trunk sewer alignment. We originally had the contractor set the castings at the plan elevation; based on the location of the trail and the topography, we adjusted the finished grade, therefore there's six or seven castings that we adjusted and they're entitled to get paid for that work. Item four is a COVID-19 delay claim. The contractor wrote us a letter last year stating a delay that they had caused by COVID-19—specifically, they could not get into the homes to do the preconditioned blast surveys which delayed the blasting and, in turn, delayed the contractor being able to install the pipe. So we've reviewed that claim; we feel it's valid and fair and are recommending that we pay that. Items five and six are both deducts from the contract. Item five is an MPCA fine and that $1,530 is a city portion, but our contract documents state that the contractor assumes all responsibility for that stormwater permit and also assumes any fines that are levied against the project. So they're in agreement to that. And item six is there were portions of the trail that were paved that we deemed unacceptable, and the contract documents allow us to accept the trail at a reduced or deduct, and we came to an agreement with the contractor of a lump sum of $50,000. So the balance of these six items are an increased cost of $20,822.86. [13:16] **Mayor Wayne Boucher**: Thank you. Any questions or comments from council? [13:20] **Councilor Joe Peterson**: Just clarifying that the—oh sorry, Natalie. [13:23] **Councilor Natalie Hauschild**: It's okay, go ahead. [13:24] **Councilor Joe Peterson**: That this doesn't include the punch list items, correct? [13:27] **City Engineer David Bolf**: And one other thing to add is we extended the contract completion date to October 16th of this year. [13:35] **Councilor Joe Peterson**: That was my point. Thank you for addressing the punch list side, and we'll be done. [13:41] **City Engineer David Bolf**: Yes, and the items, the gates, that are on this change order. Yes. [13:48] **Mayor Wayne Boucher**: Any other questions or comments? 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 2021-125, change order number seven? [14:21] **City Clerk Alissa McClure**: Roll call please. Councilor Peterson? [14:24] **Councilor Joe Peterson**: Aye. [14:25] **City Clerk Alissa McClure**: Geisler? [14:26] **Councilor John Geissler**: Aye. [14:27] **City Clerk Alissa McClure**: Hostchild? [14:28] **Councilor Natalie Hauschild**: Aye. [14:29] **City Clerk Alissa McClure**: Mayor Boucher? [14:30] **Mayor Wayne Boucher**: Aye. Resolution 2021-126, resolution approving pay request number 14 for sewer improvement district number 448 to Utility Systems of America Incorporated in the amount of $175,610.15. Do we have a motion? [14:48] **Councilor Joe Peterson**: Motion approved. [14:49] **Councilor Natalie Hauschild**: Second. [14:50] **Mayor Wayne Boucher**: Motion by Councilor Peterson, second by Councilor Hauschild. Mr. Mulder, should we have Mr. Bolf address this? [15:00] **City Engineer David Bolf**: Thank you Mayor and Council. So this is pay application number 14 for our trunk sewer project. This pay estimate does a couple of things: there's some small miscellaneous items that we're paying for; we are also paying for a portion of change order seven that you just previously approved, and we're only paying for 10% of that change order because the gates that we added are not in, so we're withholding that money. And then the bulk of this pay estimate is the reduction of the retainage that we've been withholding. So the state statutes allow us to withhold 250% of the value of the remaining work. So the dollar amount that we're withholding is based on 250% of the work that's left on the punch list, and so the pay app is $175,610.15. [16:03] **Mayor Wayne Boucher**: Thank you. Any questions or comments from council? [16:07] **Councilor Natalie Hauschild**: I just want to thank David and staff for all the work to get us to this point. This has been a great addition, a lot of hard work to get us to this point. Unfortunately, there was just a few situations at the end but we've worked through those and I'm just happy to kind of see this at a final point—almost almost final. But thank you, David, for all of your work on this. I know it's not been easy all the time. [16:35] **City Engineer David Bolf**: Thank you. [16:36] **Councilor Joe Peterson**: Yeah, Mr. Mayor, I just would like to clarify: the amount of retainage is the $73,760? [16:44] **City Engineer David Bolf**: Yes. [16:45] **Councilor Joe Peterson**: Okay. And I agree, thank you David for navigating through this at the end. [16:51] **City Engineer David Bolf**: Thanks. [16:52] **Mayor Wayne Boucher**: Anything else from council? Is there any public input on resolution 2021-126? If so, please state your name and address for the record. Is there any public input on pay request number 14 for sewer improvement district number 448? [17:35] **City Clerk Alissa McClure**: Roll call please. Councilor Geisler? [17:38] **Councilor John Geissler**: Aye. [17:39] **City Clerk Alissa McClure**: Hostchild? [17:40] **Councilor Natalie Hauschild**: Aye. [17:41] **City Clerk Alissa McClure**: Peterson? [17:42] **Councilor Joe Peterson**: Aye. [17:43] **City Clerk Alissa McClure**: Mayor Boucher? [17:44] **Mayor Wayne Boucher**: Aye. Resolution 2021-127, resolution approving amendments to planned unit development for the plat of Pineview. Do we have a motion? [17:56] **Councilor Joe Peterson**: Motion to approve. [17:57] **Councilor Natalie Hauschild**: Second. [17:58] **Mayor Wayne Boucher**: Motioned by Councilor Peterson, second by Councilor Hauschild. Mr. Johnson? [18:04] **Community Development Director Eric Johnson**: Sure. [Discussion regarding technical modifications to the Pineview building plans and creation of building lots]. [20:14] **Mayor Wayne Boucher**: Thank you. Any questions or comments from council? [20:17] **Councilor Natalie Hauschild**: Just happy to see this come to this resolution. So sorry for the additional work on this. [20:25] **Mayor Wayne Boucher**: Anything else? Is there any public input on resolution 2021-127? If so, please state your name and address for the record. Is there any public input on the amendment to the plan unit development for the plat of Pineview? [20:57] **City Clerk Alissa McClure**: Roll call please. Councilor Hostchild? [21:01] **Councilor Natalie Hauschild**: Aye. [21:02] **City Clerk Alissa McClure**: Peterson? [21:03] **Councilor Joe Peterson**: Aye. [21:04] **City Clerk Alissa McClure**: Geisler? [21:05] **Councilor John Geissler**: Aye. [21:06] **City Clerk Alissa McClure**: Mayor Boucher? [21:07] **Mayor Wayne Boucher**: Aye. Resolution 2021-128, resolution approving preliminary and final plat of Red Tail Hawk and imposing conditions on the final plat. Do we have a motion? [21:20] **Councilor John Geissler**: [Motion]. [21:21] **Councilor Natalie Hauschild**: Second. [21:22] **Mayor Wayne Boucher**: Motioned by Councilor Geisler, second by Councilor Hauschild. Mr. Johnson? [21:27] **Community Development Director Eric Johnson**: [Discussion regarding redefining business lots and creation of five new lots, including three road lots taking access out of the parallel road]. [23:46] **Mayor Wayne Boucher**: Thank you. Do we have any questions or comments from council? With none, is there any public input on this resolution? If so, state your name and address for the record. Is there any public input on resolution 2021-128? [24:26] **City Clerk Alissa McClure**: With no public input I'd ask for a roll call. Councilor Peterson? [24:30] **Councilor Joe Peterson**: Aye. [24:31] **City Clerk Alissa McClure**: Geisler? [24:32] **Councilor John Geissler**: Aye. [24:33] **City Clerk Alissa McClure**: Hostchild? [24:34] **Councilor Natalie Hauschild**: Aye. [24:35] **City Clerk Alissa McClure**: Mayor Boucher? [24:36] **Mayor Wayne Boucher**: [Aye]. Next is resolution 2021-129, resolution approving preliminary and final planned unit development for B-Max Incorporated. Do we have a motion? [24:49] **Councilor Joe Peterson**: Motion to approve. [24:50] **Councilor Natalie Hauschild**: Second. [24:51] **Mayor Wayne Boucher**: Motion by Councilor Peterson, second by Councilor Hauschild. Mr. Johnson? [24:56] **Community Development Director Eric Johnson**: Yes, this is just the planned unit development associated with the plat that was just previously approved. [25:04] **Mayor Wayne Boucher**: Thank you. Any questions or comments from council? Is there any public input on this resolution, either in chambers or online? If so, please state your name and address for the record. Is there any public input for resolution 2021-129 for preliminary and final planned unit development? [25:39] **City Clerk Alissa McClure**: Hearing none, could we have a roll call please. Councilor Geisler? [25:42] **Councilor John Geissler**: Aye. [25:43] **City Clerk Alissa McClure**: Hostchild? [25:44] **Councilor Natalie Hauschild**: Aye. [25:45] **City Clerk Alissa McClure**: Peterson? [25:46] **Councilor Joe Peterson**: Aye. [25:47] **City Clerk Alissa McClure**: Mayor Boucher? [25:48] **Mayor Wayne Boucher**: Aye. And with that, we need a motion to recess. [25:52] **Councilor Joe Peterson**: Motion to recess. [25:53] **Councilor John Geissler**: Second. [25:54] **Mayor Wayne Boucher**: Motion by Councilor Peterson, seconded by Councilor Geisler. All in favor? [25:57] **Council Members**: Aye. [25:58] **Mayor Wayne Boucher**: Opposed same sign? Thank you all.