City of Hermantown - City Council Meeting, October 2, 2023

Hermantown's October 2, 2023, City Council Meeting

Based on the context provided and the phonetics of the transcript, here is the attributed dialogue for the Hermantown City Council meeting. **Note on Name Corrections:** * "Counselor Jelly" refers to **Andy Hjelle**. * "Counselor Jones" refers to **Joe Peterson** (likely a phonetic transcription error). * "Mr. Wolf" refers to **David Bolf** of Northland Consulting Engineers (the contracted City Engineer). *** [0:00] **Mayor Wayne Boucher:** I call the meeting to order and stand for the Pledge of Allegiance. I pledge allegiance to the flag of the United States of America and into the Republic for which it stands, one nation under God, indivisible with liberty and justice for all. Roll call please. **City Clerk Alissa McClure:** Councilor Peterson? **Joe Peterson:** Here. **City Clerk Alissa McClure:** Councilor Hjelle? **Andy Hjelle:** Here. **City Clerk Alissa McClure:** Councilor Geissler? **John Geissler:** Here. **City Clerk Alissa McClure:** Councilor LeBlanc? **Brian LeBlanc:** Here. **City Clerk Alissa McClure:** Mayor Boucher? **Mayor Wayne Boucher:** Here. Announcements—do any counselors have announcements they'd like to make this evening? I'd like to start with one and that's welcoming Zach Graves as our new statutory fire chief in his employment [0:45] with the city starting, you know, October 1st. It's part of our move to take over the responsibility for the Department on January 1st. Also, I would like to give just a little short announcement about public input. We have items on the agenda; we have a public hearing on a certain subject, our fee schedule, there is time for public input on that subject. We have a general public discussion shortly after that where someone can talk—and it says "items not on the agenda"—but items that we're not [1:31] voting on tonight because there are a few things that are first readings. One in particular that is a first reading on a zoning map change tonight—there is only a reading on that. At that time, there's not a time for public discussion. If anybody wishes to discuss something on that, please do that at the general public discussion at the beginning of the meeting if that's what you would like to do. There will be public discussion at our next meeting when we have the second reading of that before it's adopted or before it's voted on. So anything that's going to be voted on [2:16] and has a possibility of being adopted tonight does have a time set aside for public discussion. But if it's merely a first reading, there is not. So if you're looking at one of those things, please speak under item 8, public discussion, if you have anything you'd like us to know. We'll start with a public hearing on ordinance amending the fee schedule for licensing permits and fees, section 270 of the Hermantown city code of ordinances. Joe, would you come give us a description of that? [3:03] **Joe Wicklund:** And this is kind of an annual piece that we do. Anytime there are changes to the fee schedule, it's all outlined in the agenda on the spots where there are fees. Nothing major, but things that certainly have changed to align us with other cities, to align us to meet our needs internally. None of these pieces are, as we discussed, revenue generating; they just cover the costs of the work that we do on staff and as a city. Thank you. [3:37] **Mayor Wayne Boucher:** Any comment from council? **John Geissler:** I would like to point out that by ordinance or by State Statute, we can only recover our costs of providing a service when we charge a fee for permits, dog licenses, things like that. In the section that covers sewer and water fees, we are passing through the increases that are given to us by the city of Duluth and WLSSD. [3:49] **Mayor Wayne Boucher:** Is there anyone present that wishes to speak at this public hearing either present or online? If so, start out by stating your name and address. We have anyone online, Joe? If you're in Chambers and you wish to speak, please approach the podium and state your name and address. If you're online, start with your name and address. [4:16] Is there any public input on the change in the city ordinance, ordinance section 270, the fee schedule? And this will be the last opportunity for public input on the ordinance amending the fee schedule for licenses, permits, and fees. [4:43] With no public input, we have Ordinance 2023-08, an ordinance amending Hermantown Code of Ordinances section 270 fee schedule. Do we have a motion? **Andy Hjelle:** Motion to approve. **Mayor Wayne Boucher:** Motion by Councilor Hjelle. Is there a second? **Joe Peterson:** Second. **Mayor Wayne Boucher:** Second by Councilor Peterson. Do any counselors have any last-minute comments tonight? Hearing none, roll call please. **City Clerk Alissa McClure:** Councilor Hjelle? **Andy Hjelle:** Aye. **City Clerk Alissa McClure:** Councilor LeBlanc? **Brian LeBlanc:** Aye. **City Clerk Alissa McClure:** Councilor Peterson? **Joe Peterson:** Aye. **City Clerk Alissa McClure:** Councilor Geissler? **John Geissler:** Aye. **City Clerk Alissa McClure:** Mayor Boucher? **Mayor Wayne Boucher:** Aye. [5:29] Communications correspondence 23-147 to 23-155 are placed on file and are available for public viewing if someone wants to see them. There are none that are highlighted for Council view this evening. We had presentations at our pre-agenda meeting on The Debt Service budgets for next year and presentation by our city engineer on the Highway 53 Business Park. And now we move to General Public discussion. If anyone has anything they would like to bring to the council's attention, please start with your name and address. [6:06] Is there anyone either in Chambers or online that wishes to address the council under general public discussion? [6:20] And we normally give three calls for public discussion. Is there anyone that wishes to speak to the council at this time? Hearing none, we will close the public discussion period and move on to the consent agenda. Item 10, consent agenda, has the minutes approval or correction of the September 18, 2023 city council continuation minutes, and approval of accounts payable and City warrants from September 16th through September 30th of 2023 in the amount of $1,034,666.99. Do you have a motion for the consent agenda? [7:07] **Brian LeBlanc:** Motion to approve. **Mayor Wayne Boucher:** Motion by Councilor LeBlanc. Is there a second? **John Geissler:** Second. **Mayor Wayne Boucher:** Second by Councilor Geissler. Roll call please. **City Clerk Alissa McClure:** Councilor LeBlanc? **Brian LeBlanc:** Aye. **City Clerk Alissa McClure:** Councilor Hjelle? **Andy Hjelle:** Aye. **City Clerk Alissa McClure:** Councilor Geissler? **John Geissler:** Aye. **City Clerk Alissa McClure:** Councilor Peterson? **Joe Peterson:** Aye. **City Clerk Alissa McClure:** Mayor Boucher? **Mayor Wayne Boucher:** Aye. Next is the second reading of ordinance 2023-07, an ordinance amending chapter 740, hunting deer by bow and arrow, eliminating the "earn a buck" requirement for the Hermantown City bow hunt and allowing the use of crossbows. Do we have a motion? [7:45] **Joe Peterson:** I'll move to approve. **John Geissler:** Second. **Mayor Wayne Boucher:** Motion by Councilor Peterson, second by Councilor Geissler. Could you give us a [7:53] description? **Joe Wicklund:** Yeah, and so this is kind of a two-part ordinance that we discussed a week ago as well as being the second reading. The first part eliminates the "earn a buck" piece as there's been changes in the deer population, so now there's not a requirement to get an antlerless deer before you get your antlered deer. And then the crossbow piece is important because it aligns what our requirements are in Hermantown with the changes that have happened at the state level. Thank you. [8:33] **Mayor Wayne Boucher:** Are there any questions or comments from council? Hearing none, is there any public input on this ordinance? Is there any public input on ordinance 2023-07? [8:44] Is there any public input on the ordinance amending the conditions for the city bow hunt? Roll call please. **City Clerk Alissa McClure:** Councilor Geissler? **John Geissler:** Aye. **City Clerk Alissa McClure:** Councilor Peterson? **Joe Peterson:** Aye. **City Clerk Alissa McClure:** Councilor Hjelle? **Andy Hjelle:** Aye. **City Clerk Alissa McClure:** Councilor LeBlanc? **Brian LeBlanc:** Aye. **City Clerk Alissa McClure:** Mayor Boucher? **Mayor Wayne Boucher:** Aye. Next is the first reading of ordinance 2023-09, an ordinance amending Title II of the Hermantown city code by amending the official zoning map of the Northern 6.4 Acres of parcels 395-0010-0782 and [9:32] 395-0010-07840. This is the first reading; we will bring this up again in two weeks and have a time for public input at that time. Next is resolutions. Resolution 2023-142, resolution approving a special use permit for grading and filling within a natural environment Shoreland overlay area. Do we have a motion? **Andy Hjelle:** Motion to approve. **Mayor Wayne Boucher:** Motion by Councilor Hjelle. Is there a second? **Brian LeBlanc:** Second. **Mayor Wayne Boucher:** Second by Councilor LeBlanc. Mr. Wicklund, would you—? **Joe Wicklund:** Yeah, let's turn it over to Mr. Johnson to walk us through. [10:18] **Eric Johnson:** Well, thank you very much this evening. This is a special use permit for grading and filling in the natural environment Shoreland area associated with Miller Creek. This is for the Titan Machinery project at 4311 Haynes Road. This is a 7.2-acre site and the applicant is proposing a 10,700 square foot addition to the existing building that is there. A portion of the property is located within this Shoreland area which requires a special use permit. That special use permit outlines additional requirements, such as being able to cover the ground disturbed area in as short an amount of time as possible, and really minimizes what can be done in that area. The building addition is not within the Shoreland area per se; it is outside of that. However, there's [11:03] approximately 10,000 square feet of some parking area as well as their stormwater structure that is located within that Shoreland area. So that act of working within the Shoreland does require the special use permit. There was a commercial Industrial Development permit associated with this project as well that was heard at the Planning Commission back in September and was unanimously approved at that point, but this is the second part of that—the special use permit—that requires approval by the city council for the work within this area. [11:41] **Mayor Wayne Boucher:** Thank you. Are there any questions from council? Is there any public input on this resolution? If anyone wishes to speak, please start [11:49] with your name and address. [11:56] Is there any public input on resolution 2023-142 approving a special use permit for grading and filling within a natural environment Shoreland overlay area? [12:15] Is there any public input on resolution 2023-142? [12:25] Roll call please. **City Clerk Alissa McClure:** Councilor Peterson? **Joe Peterson:** Aye. **City Clerk Alissa McClure:** Councilor LeBlanc? **Brian LeBlanc:** Aye. **City Clerk Alissa McClure:** Councilor Geissler? **John Geissler:** Aye. **City Clerk Alissa McClure:** Councilor Hjelle? **Andy Hjelle:** Aye. **City Clerk Alissa McClure:** Mayor Boucher? **Mayor Wayne Boucher:** Aye. Next is resolution 2023-143, resolution approving memorandum of understanding (MOUs) and authorizing and directing Mayor and City Clerk to execute and deliver MOUs with International Union of Operating Engineers Local 49 and AFSCME Local 66. Do we have a motion? [12:51] **John Geissler:** I'll move to approve. **Mayor Wayne Boucher:** Motion by Councilor Geissler. Is there a second? **Joe Peterson:** Second. **Mayor Wayne Boucher:** Second by Councilor Peterson. Mr. Wicklund? **Joe Wicklund:** This motion is similar to the one that was done with the Police Department a few weeks ago to combat recruitment and retention issues. It applies to employees who are outside of the public safety realm—Public Works management, some of the folks who are hourly on the police side—so it kind of lines those things up. Funding-wise, this comes out of ARPA money, so it does not impact the Hermantown taxpayers or a general levy. So, similar to the dollars that funded that on the police side, it's separate from our general levy. [13:30] **Mayor Wayne Boucher:** Thank you. Any questions or comments from council? [13:37] **Brian LeBlanc:** Two brief comments. When we did this for the Police Department, we were responding to an active recruitment and retention issue. I have not heard evidence of that from the rest of the city. I'm not saying they don't deserve it, I'm just saying I would like to see us wait until we get our wage study back. And the timing of it also brings up an issue for me is that we did not hear anything from the rest of the city until after we did this for the Police Department. That's all I have to say. Thank you. [14:15] **Mayor Wayne Boucher:** Anything else? I just want to comment that I do support going forward with this. This treats all of our employees similarly and we do run a risk with our labor negotiations by treating them differently. This is also the recommendation that was brought forward by staff. Are there any other comments from Council? Is there any public input on this resolution? [14:56] Is there any public input on resolution 2023-143? [15:09] Is there any public input on the resolution approving memorandums of understandings with Operating Engineers Local 49 and AFSCME Local 66? Roll call please. **City Clerk Alissa McClure:** Councilor Geissler? **John Geissler:** Aye. **City Clerk Alissa McClure:** Councilor Hjelle? **Andy Hjelle:** Aye. **City Clerk Alissa McClure:** Councilor Peterson? **Joe Peterson:** Aye. **City Clerk Alissa McClure:** Councilor LeBlanc? **Brian LeBlanc:** Aye. **City Clerk Alissa McClure:** Mayor Boucher? **Mayor Wayne Boucher:** Aye. Resolution 2023-144, resolution awarding a contract for heat tape installation on the Government Services Building to Benson Electric in the amount of $88,000. Do we have a motion? [15:25] **Andy Hjelle:** Motion to approve. **Mayor Wayne Boucher:** Motion by Councilor Hjelle. Is there a second? **John Geissler:** Second. **Mayor Wayne Boucher:** Second by Councilor Geissler. And Mr. Wicklund? [15:56] **Joe Wicklund:** So we have—and many folks are in the know on this—we have some challenges regarding this building and heat loss and some winterization issues. So this is the first step in making that right. A couple different bids are in; this is the smaller of the two for heat tape. And then in the future, probably in the next meeting at the most, we'll look at insulation as kind of the next step in what it takes to take care of the building. [16:30] **Mayor Wayne Boucher:** Thank you. Any questions or comments from Council? Is there any public input on this resolution? If anyone wishes to comment on resolution 2023-144, please start with your name and address. [16:44] Is there any public comment on the resolution awarding a contract for heat tape installation on the government services building? Roll call please. **City Clerk Alissa McClure:** Councilor Hjelle? **Andy Hjelle:** Aye. **City Clerk Alissa McClure:** Councilor LeBlanc? **Brian LeBlanc:** Aye. **City Clerk Alissa McClure:** Councilor Geissler? **John Geissler:** Aye. **City Clerk Alissa McClure:** Councilor Peterson? **Joe Peterson:** Aye. **City Clerk Alissa McClure:** Mayor Boucher? **Mayor Wayne Boucher:** Aye. Resolution 2023-145, resolution approving pay request number three for Sewer Improvement District number 451 to Vite in the amount of $263,887.58. Do we have a motion? [17:15] **Brian LeBlanc:** Move to approve. **Mayor Wayne Boucher:** Motion by Councilor LeBlanc. Is there a second? **Joe Peterson:** Second. **Mayor Wayne Boucher:** Second by Councilor Peterson. Mr. Wicklund? **Joe Wicklund:** Let's turn over to Mr. Bolf to walk us through this. [17:45] **David Bolf (City Engineer):** Yeah, thank you, Mayor and Council. So this is pay application number three for the Ugstad Road and Oak Ridge Drive project. This is work that was done in the month of September including the removal of the lift station, excavating the roadway, sand and gravel, and storm sewer. And just an FYI, we are on track to have this project complete in October. [18:19] **Mayor Wayne Boucher:** Thank you. Any questions or comments from counselors? Is there any public input on this resolution? Anyone wishes to comment on this resolution, please state your name and address. [18:30] Is there any public comment on resolution 2023-145? [18:39] Roll call please. **City Clerk Alissa McClure:** Councilor LeBlanc? **Brian LeBlanc:** Aye. **City Clerk Alissa McClure:** Councilor Geissler? **John Geissler:** Aye. **City Clerk Alissa McClure:** Councilor Peterson? **Joe Peterson:** Aye. **City Clerk Alissa McClure:** Councilor Hjelle? **Andy Hjelle:** Aye. **City Clerk Alissa McClure:** Mayor Boucher? **Mayor Wayne Boucher:** Aye. Next, we have no closed session this evening. Next is a motion to recess. Do we have a motion? [19:08] **John Geissler:** Motion to recess. **Mayor Wayne Boucher:** Motion by Councilor Geissler. Is there a second? **Joe Peterson:** Second. **Mayor Wayne Boucher:** Second by Councilor Peterson. All in favor say aye. **Council Members:** Aye. **Mayor Wayne Boucher:** Opposed same sign. (Meeting adjourned).