This transcript features **Wayne Boucher** (Mayor), **John Mulder** (City Administrator), **Alissa McClure** (City Clerk), **Eric Johnson** (Community Development Director), and City Councilors **Andy Housechild**, **Gloria Nelson**, **Joe Peterson**, and **John Geissler**. Note: While your list provided Andy Hjelle and Brian LeBlanc as council members, the transcript clearly records votes and motions from **Councilor Housechild** and **Councilor Nelson**. I have used the names present in the audio recording. *** [0:00] **All:** 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. [0:22] **Alissa McClure:** Nelson? **Gloria Nelson:** Here. **Alissa McClure:** Peterson? **Joe Peterson:** Here. **Alissa McClure:** Mayor Boucher? **Wayne Boucher:** Here. [0:32] **Wayne Boucher:** Mr. Mayor, could you turn your microphone on? Turn your microphone on. Thank you. Is that better? Uh, we will have separate times of public discussion. There will be one at the beginning of the meeting and then there will be a point for public discussion with each motion or each action that we take. So if you have something specific to an action that's on the agenda, please wait until that comes up. If it's general public discussion, that will happen uh, very soon. [1:08] **Wayne Boucher:** Anything else from council communications? Mr. Mulder? [1:11] **John Mulder:** The only item that I include in your packet—the other items are listed—is the notification that we did receive the grant for the local road improvement program and so we are starting that process to build that road at Richard Lindgren. [1:29] **Wayne Boucher:** Thank you. No presentations for this meeting. Public discussion: this is when anyone can discuss anything with the Council. We ask that you limit your time to three minutes per person. If you would please identify yourself by name and address. Is there anyone who wishes to speak to the Council at this time? [2:00] **Wayne Boucher:** Do we have any public discussion from anyone online? Last call for public discussion. [2:15] **Wayne Boucher:** That section is now closed. We'll move forward to the consent agenda. Do we have a motion for the consent agenda? [2:21] **Andy Housechild:** So moved. [2:22] **Joe Peterson:** Second. [2:23] **Wayne Boucher:** Motion by Councilor Housechild, second by Councilor Peterson. Roll call please. [2:27] **Alissa McClure:** Councilor Housechild? **Andy Housechild:** Aye. **Alissa McClure:** Nelson? **Gloria Nelson:** Aye. **Alissa McClure:** Peterson? **Joe Peterson:** Aye. **Alissa McClure:** Geissler? **John Geissler:** Aye. **Alissa McClure:** Mayor Boucher? **Wayne Boucher:** Aye. [2:41] **Wayne Boucher:** Motions. Motion to approve or deny the following on-sale intoxicating liquor licenses. I'm not going to go through the addresses, but I will name the businesses: The AAD Shrine, Beacon Sports Bar, Chalet Lounge, Foster Sports Bar and Grill, Maya Mexican Restaurant, McKenzie's Bar and Grill, Outback Steakhouse, Skyline Lounge, The Social House, and Valentini’s. Do you have a motion? [3:04] **John Geissler:** Motion to approve. [3:05] **Gloria Nelson:** Second. [3:06] **Wayne Boucher:** Motion by Councilor Geissler, second by Councilor Nelson. Mr. Mulder? [3:12] **John Mulder:** These are all uh, renewals from the previous year. [3:15] **Wayne Boucher:** Thank you. Do we have any comments or concerns from Councilors? Is there any member of the public that wishes to comment on this matter? If so, state your name and address for the record. [3:36] **Wayne Boucher:** Is there any public comment on the on-sale intoxicating liquor licenses? Roll call please. [3:42] **Alissa McClure:** Councilor Nelson? **Gloria Nelson:** Aye. **Alissa McClure:** Peterson? **Joe Peterson:** Aye. **Alissa McClure:** Geissler? **John Geissler:** Aye. **Alissa McClure:** Housechild? **Andy Housechild:** Aye. **Alissa McClure:** Mayor Boucher? **Wayne Boucher:** Aye. [3:55] **Wayne Boucher:** Motion to approve or deny the following off-sale intoxicating liquor licenses: Sam's West number 6320 and the Adolph Store. [4:13] **Joe Peterson:** Motion to approve. [4:14] **Andy Housechild:** Second. [4:15] **Wayne Boucher:** Motion Councilor Peterson, second by Councilor Housechild. Any comment? Mr. Mulder? [4:21] **John Mulder:** These are both renewals and what you will notice, the one that's not on here is the Hermantown Liquor, which closed this last year. [4:27] **Wayne Boucher:** Thank you. Any questions or comments from Council? Is there any public input on this motion? [4:34] **Wayne Boucher:** Is there any public input or discussion on the motion to approve off-sale intoxicating liquor licenses? Roll call please. [4:47] **Alissa McClure:** Councilor Peterson? **Joe Peterson:** Aye. **Alissa McClure:** Geissler? **John Geissler:** Aye. **Alissa McClure:** Housechild? **Andy Housechild:** Aye. **Alissa McClure:** Nelson? **Gloria Nelson:** Aye. **Alissa McClure:** Mayor Boucher? **Wayne Boucher:** Aye. [5:02] **Wayne Boucher:** Motion to approve or deny the following off-sale 3.2 malt liquor licenses: Holiday Stationstores, Kwik Trip number 220, Kwik Trip number 216, Kwik Trip number 572, Walmart number 1757, and iMart stores (the former Haines Road Holiday). [5:21] **Gloria Nelson:** Motion to approve. [5:22] **John Geissler:** Second. [5:23] **Wayne Boucher:** Motion by Councilor Nelson, second by Councilor Geissler. Mr. Mulder? [5:28] **John Mulder:** Again, these are all renewals. [5:31] **Wayne Boucher:** Thank you. Is there any public input on this motion? If there's any public input, please state your name and address for the record. There's no public input, I'd ask for a roll call. [5:54] **Alissa McClure:** Councilor Geissler? **John Geissler:** Aye. **Alissa McClure:** Housechild? **Andy Housechild:** Aye. **Alissa McClure:** Nelson? **Gloria Nelson:** Aye. **Alissa McClure:** Peterson? **Joe Peterson:** Aye. **Alissa McClure:** Mayor Boucher? **Wayne Boucher:** Aye. [6:05] **Wayne Boucher:** Motion to approve or deny the following on-sale wine/strong beer liquor licenses: China Star Restaurant, Due North Pizza, Sammy's Pizza, The King of Creams, and Yellow Bike Coffee. [6:16] **Joe Peterson:** Motion to approve. [6:17] **Andy Housechild:** Second. [6:18] **Wayne Boucher:** Motion with Councilor Peterson, second by Councilor Housechild. Mr. Mulder? [6:22] **John Mulder:** Again, all renewals. [6:24] **Wayne Boucher:** Is there any public input on these license renewals? Last chance for public input on this motion. Roll call please. [6:37] **Alissa McClure:** Councilor Housechild? **Andy Housechild:** Aye. **Alissa McClure:** Nelson? **Gloria Nelson:** Aye. **Alissa McClure:** Peterson? **Joe Peterson:** Aye. **Alissa McClure:** Geissler? **John Geissler:** Aye. **Alissa McClure:** Mayor Boucher? **Wayne Boucher:** Aye. [6:51] **Wayne Boucher:** And a motion to appoint members to the broadband task force. If Mr. Mulder would state their names? [6:58] **John Mulder:** Sure. The recommendation is to appoint the following individuals: Gerald Wallace, Mary Ferguson, Bill Berg, Abby Devaratti, Steve Poggio, and the City Council member would be Gloria Nelson. [7:08] **Wayne Boucher:** Thank you. Do we have a motion? [7:10] **Andy Housechild:** So moved. [7:11] **Joe Peterson:** Second. [7:12] **Wayne Boucher:** Motion by Councilor Housechild, second by Councilor Peterson. Any council input? [7:14] **Gloria Nelson:** Glad we're moving on with this. [7:16] **Wayne Boucher:** Is there any public input on this motion? If so, state your name and address for the record. Any public input on the appointees to the broadband task force? Roll call please. [7:38] **Alissa McClure:** Councilor Nelson? **Gloria Nelson:** Aye. **Alissa McClure:** Peterson? **Joe Peterson:** Aye. **Alissa McClure:** Geissler? **John Geissler:** Aye. **Alissa McClure:** Housechild? **Andy Housechild:** Aye. **Alissa McClure:** Mayor Boucher? **Wayne Boucher:** Aye. [7:53] **Wayne Boucher:** Resolutions. Resolution 2021-69: Resolution approving Change Order Number One for Old Highway Two. Do I have a motion? [7:59] **John Geissler:** So moved. [8:00] **Andy Housechild:** Second. [8:02] **Wayne Boucher:** Motion by Councilor Geissler, second by Councilor Housechild. Mr. Mulder? [8:05] **John Mulder:** This is just a change order for this project. Uh, we had to remove some uh, unsuitable soils in the form of clay out of the road bed and we uh, replaced it with uh, class five gravel. [8:15] **Wayne Boucher:** Thank you. Any questions or comments from Council? Is there any member of the public that wishes to comment on this matter? If so, state your name and address for the record. Any public input on Resolution 2021-69? Roll call please. [8:30] **Alissa McClure:** Councilor Peterson? **Joe Peterson:** Aye. **Alissa McClure:** Geissler? **John Geissler:** Aye. **Alissa McClure:** Housechild? **Andy Housechild:** Aye. **Alissa McClure:** Nelson? **Gloria Nelson:** Aye. **Alissa McClure:** Mayor Boucher? **Wayne Boucher:** Aye. [8:44] **Wayne Boucher:** Resolution 2021-70: Resolution approving a special use permit for the grading and filling within a shoreland overlaid district. [8:54] **Joe Peterson:** Motion to approve. [8:55] **John Geissler:** Second. [8:56] **Wayne Boucher:** Motion by Councilor Peterson, second by Councilor Geissler. Mr. Mulder, would you like Mr. Johnson to address this? [9:01] **John Mulder:** That'd be great. Eric, please? [9:02] **Eric Johnson:** Great, thank you very much. Uh, this is a 20-acre site located south of Maple Grove Road and a little bit east of Lindahl Road. The applicant is proposing a driveway and a single-family home. There is a tributary of Rocky Run Creek which exists in the western portion of the property. This driveway will not have to cross that; it is not in that area, but there is the shoreland overlay associated with that uh, Rocky Run. The house location is approximately greater than 150 feet away from that—the setback associated with that creek—so it meets the ordinance associated with it. [9:45] **Wayne Boucher:** Thank you. Any questions or comments from Council? With none, is there any member of the public that wishes to comment on this resolution? Is there any public discussion? If so, state your name and address for the record. Roll call please. [10:04] **Alissa McClure:** Councilor Geissler? **John Geissler:** Aye. **Alissa McClure:** Housechild? **Andy Housechild:** Aye. **Alissa McClure:** Nelson? **Gloria Nelson:** Aye. **Alissa McClure:** Peterson? **Joe Peterson:** Aye. **Alissa McClure:** Mayor Boucher? **Wayne Boucher:** Aye. [10:19] **Wayne Boucher:** Resolution 2021-71: Resolution authorizing and directing the Mayor and City Clerk to execute and deliver a settlement agreement between the City of Hermantown and Stauber Properties Partnership. Do we have a motion? [10:31] **Joe Peterson:** Motion to approve. [10:33] **John Geissler:** Second. [10:34] **Wayne Boucher:** Motioned by Councilor Peterson, second by Councilor Geissler. Mr. Mulder? [10:38] **John Mulder:** This is for the easement across the Stauber property for the Section 24 sewer uh, trunk line and trail. [10:44] **Wayne Boucher:** Thank you. Are there any questions or comments from Council? Hearing none, is there any public input on Resolution 2021-71? Is there any member of the public that wishes to address the Council about this resolution? If so, state your name and address for the record. Roll call please. [11:15] **Alissa McClure:** Councilor Housechild? **Andy Housechild:** No... or nay? Is it—aye? Yeah, this is uh... oh, I'm sorry, I thought they were together. Okay, so yes. Okay. **Alissa McClure:** Nelson? **Gloria Nelson:** Aye. **Alissa McClure:** Peterson? **Joe Peterson:** Aye. **Alissa McClure:** Geissler? **John Geissler:** Aye. **Alissa McClure:** Mayor Boucher? **Wayne Boucher:** Aye. [11:38] **Wayne Boucher:** Here's the hot one. Resolution 2021-72: Resolution authorizing and directing the Mayor and City Clerk to execute and deliver a settlement agreement between the City of Hermantown and Northwood Properties Incorporated, aka Northwood Properties Incorporated Northwoods. Do we have a motion? [12:00] **Gloria Nelson:** Motion to approve. [12:01] **John Geissler:** Second. [12:02] **Wayne Boucher:** Motion by Councilor Nelson, second by Councilor Geissler. Mr. Mulder? [12:05] **John Mulder:** Again, this is a sewer easement across uh, the Carlson property for the Section 24 sewer and for the trail. [12:13] **Wayne Boucher:** Thank you. Um, for Councilors' input on this, um, we'll start with uh—we'll go in the order of time on Council. Mr. Geissler? [12:21] **John Geissler:** Um, I'm going to vote in favor for this at the recommendation of our legal counsel. [12:31] **Wayne Boucher:** Councilor Nelson? [12:37] **Gloria Nelson:** I am also going to vote in favor of this due to our advice from counsel. [12:43] **Wayne Boucher:** Thank you. Councilor Peterson? [12:44] **Joe Peterson:** I'm going to strongly vote against this due to the position that I believe this puts us in as a city and the way this was handled. I do not agree with it. [12:59] **Wayne Boucher:** Thank you. Councilor Housechild? [13:00] **Andy Housechild:** I will also be voting no. Um, I think it's important that we be good stewards of uh, of our community's dollars. Um, and in this particular case, I see both sides and I think we've had a great discussion. Um, but for me, uh, the outcome is not something that I can vote in favor of. [13:21] **Wayne Boucher:** Thank you. And um, I will be voting on this, but uh, my vote will probably be resting on the fact that I believe that one alternative is potentially more costly than the other. I, I do not like what we're having to pay for this, but I believe that in the—in my opinion—the best use of public dollars is to get this settled now. Is there any public input on this matter? If so, state your name and address for the record. [14:06] **Wayne Boucher:** Do we have any public input on Resolution 2021-72? Roll call please. [14:15] **Alissa McClure:** Councilor Nelson? **Gloria Nelson:** Aye. **Alissa McClure:** Peterson? **Joe Peterson:** Nay. **Alissa McClure:** Geissler? **John Geissler:** Aye. **Alissa McClure:** Housechild? **Andy Housechild:** Nay. **Alissa McClure:** Mayor Boucher? **Wayne Boucher:** Aye. [14:26] **Wayne Boucher:** Resolution 2021-73: Resolution adopting performance measures. Do we have a motion? [14:34] **Joe Peterson:** Motion to approve. [14:36] **John Geissler:** I’ll second. [14:38] **Wayne Boucher:** Motion by Councilor Peterson, second by Councilor Geissler. Mr. Mulder? [14:41] **John Mulder:** This is the third year that we've participated in a um, or conducted a survey of the community in terms of certain areas and we do this in conjunction with the State of Minnesota. And this—um, having performance measures allows us to get a small um, revenue from the city, from the State of Minnesota, um, and it also just gives us a better indication of how our residents are viewing um, you know, our efforts here as a city. [15:13] **Wayne Boucher:** Thank you. Any questions or comments from Council? Is there any member of the public that wishes to comment on this resolution? If so, state your name and address for the record. Is there any public input on Resolution 2021-73: Resolution adopting performance measures? Roll call please. [15:43] **Alissa McClure:** Councilor Peterson? **Joe Peterson:** Aye. **Alissa McClure:** Geissler? **John Geissler:** Aye. **Alissa McClure:** Housechild? **Andy Housechild:** Aye. **Alissa McClure:** Nelson? **Gloria Nelson:** Aye. **Alissa McClure:** Mayor Boucher? **Wayne Boucher:** Aye. [15:58] **Wayne Boucher:** Resolution 2021-74: Resolution approving the removal of gates at Stebner Park. Do we have a motion? [16:06] **Joe Peterson:** Motion to approve. [16:07] **Gloria Nelson:** Second. [16:09] **Wayne Boucher:** Motion with Councilor Peterson, second by Councilor Nelson. Mr. Mulder? [16:11] **John Mulder:** Um, as you recall, this was discussed back in 2016 and at the time we decided not to remove the gates, but to simply provide an opening at the gates for pedestrian access. Since that time, we have had um, the addition of the trail from the intersection of Stebner and Maple Grove through the park to the concession area to provide additional pedestrian access. And later this summer we will be opening the Section 24 trail and this parking lot will serve as a trailhead and so we want to open that up in part because of—we want to provide greater access to the park, the playground, the shelter there, and then also access to the trail. [16:47] **Joe Peterson:** Any Councilors have comments? No, just that we have received a lot of community feedback for the need to have this open for access for families and I think it's a great move forward. Thank you. [16:58] **Wayne Boucher:** Anything else? My comments are that originally we decided to hold back on this because of concerns for the soccer fields and the possible detrimental damage that may be done to them. But we have evolved to the point where this is now becoming a full-fledged city park and trailhead, and I believe it needs to be open to the public so that it can be accessed. [17:15] **John Mulder:** If I, if I could—that's an excellent point because um, since the discussion back in 2016 we have lined all of the fields with large boulders to uh, um, prevent vehicle traffic. I mean, vehicle traffic could still happen even with those rocks there at different points, but that certainly uh, is a deterrent and stops a lot of people from being able to just drive onto the field to better protect those fields. [17:58] **Wayne Boucher:** And I was going to get to the point that methods have been put in place to prevent or hopefully prevent any damage. I just believe it's an evolution that we need to go through. Any other comments from Council? [18:13] **Andy Housechild:** I agree with all of you. I just think it's worth noting as well that we recognize the good work that the Soccer Association has done on those fields and—and they continue to do. Um, they've been a really good partner of ours and I think as a community we can all appreciate and protect that—that space and have good community use and utilization of the new amenities all together as a community. [18:46] **Wayne Boucher:** Thank you. Is there any public discussion on this matter? If anyone wishes to comment, either in person or online, please state your name and address for the record. [19:04] **Wayne Boucher:** With no public comments, I'd ask for a roll call. [19:12] **Alissa McClure:** Councilor Geissler? **John Geissler:** Aye. **Alissa McClure:** Housechild? **Andy Housechild:** Aye. **Alissa McClure:** Nelson? **Gloria Nelson:** Aye. **Alissa McClure:** Peterson? **Joe Peterson:** Aye. **Alissa McClure:** Mayor Boucher? **Wayne Boucher:** Aye. [19:26] **Wayne Boucher:** Resolution 2021-75: Resolution receiving updated preliminary engineering report and calling for a public hearing for Road Improvement District number 538, Richard Avenue and Lindgren Road, and the public hearing would be August 2nd. Do we have a motion? [19:41] **Andy Housechild:** So moved. [19:42] **Gloria Nelson:** Second. [19:43] **Wayne Boucher:** Motion by Councilor Housechild, second by Councilor Nelson. Mr. Mulder? [19:45] **John Mulder:** As you recall, we've discussed the possibility of upgrading Richard and Lindgren back in 2017 but at the time we didn't really have a good funding source for that and we weren't sure quite when there would be any additional development. Since then we've had some additional development in that area in the Marketplace um, and we recently received a notification that we were granted $750,000 in a local road improvement grant for that project. So we'd like to begin that process. We did that by doing the report. Next would be the public hearing and the City Engineer will then start the process of designing the road and getting the necessary right-of-way that we need. [20:31] **Wayne Boucher:** Thank you. Any questions or comments from Council? [20:38] **Joe Peterson:** I just love seeing the progress happening in that Marketplace and hope with this new addition improvements that we can continue to do that. [20:47] **Wayne Boucher:** Agree with that. And had one question uh, at the pre-agenda meeting. Mr. Mulder, you mentioned about having uh, Northland Consulting, the Civil Engineer, doing the engineering on that, and I think that's just fine. Do we need—I know we made some changes with uh, that plan and policy—do we need official Council action to do that? [21:10] **John Mulder:** Off the top of my head, I don't know, but if we do, we'll have it at the July 6th meeting. [21:15] **Wayne Boucher:** Thank you. And I’d—I’d like to compliment city staff on uh, the grant money that was available that made this possible. Is there any public input on this motion? Is there any public input on Resolution 2021-75? If so, please state your name and address for the record. Roll call please. [21:40] **Alissa McClure:** Councilor Housechild? **Andy Housechild:** Aye. **Alissa McClure:** Nelson? **Gloria Nelson:** Aye. **Alissa McClure:** Peterson? **Joe Peterson:** Aye. **Alissa McClure:** Geissler? **John Geissler:** Aye. **Alissa McClure:** Mayor Boucher? **Wayne Boucher:** Aye. [21:55] **Wayne Boucher:** And the next item on our list is a closed session. We will need a motion at the end of what I read. The City Council of the City of Hermantown will meet in a closed session pursuant to the following statute and stated reason: Minnesota Statute Section 13D.05, Subdivision 3A, to discuss the City Administrator's performance evaluation. Following this closed session, the Council will reconvene in open session pursuant to the posted agenda for that date and time and during such open session summarize its conclusions regarding the evaluation. Do we have a motion to move to closed session? [22:25] **Joe Peterson:** Motion to move to closed. [22:26] **John Geissler:** Second. [22:27] **Wayne Boucher:** Motion by Councilor Peterson, second by Councilor Geissler. All in favor? **All:** Aye. **Wayne Boucher:** Opposed, same sign. So we just need to take a couple of minutes here um...