Councilors Geissler, Nelson, Peterson, Schmidt, Mayor Boucher

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1 CITY OF HERMANTOWN CITY COUNCIL MEETING 6:30 p.m. Pledge of Allegiance ROLL CALL: CITY STAFF: ABSENT: Councilors Geissler, Nelson, Peterson, Schmidt, Mayor Boucher John Mulder, City Administrator; Debbie Lund, City Clerk; Jim Crace, Chief of Police; Eric Johnson, Community Development Director; Paul Senst, Public Works Director; Steve Overom, City Attorney Kevin Orme, Finance Director VISITORS: 6 COMMUNICATIONS Communications through and including were read and placed on file. Communication from Kevin Comnick, Joint Airport Zoning Board to Mayor Boucher regarding Appointing New Board Member Communication from Phil Johnson, McGough to John Mulder, City Administrator regarding Essentia Wellness Center Communication from Nathan Gove, MN Board of Peace Officers Standards & Training to James Crace, Chief of Police regarding Compliance Review PUBLIC DISUSSION Judith Giese, 3740 Stebner Road The reason for my coming before the council tonight is to ask for reimbursement for trees that we had felled on our property. In 2005 our stretch of Stebner Road in front of our house was reconstructed and city sewer put in. At that time the city purchased from us a 40 foot maintenance easement along the drainage ditch that flows through our property. In two or three years or so, it is lined with 30 foot high pine trees, two of those trees died and I called Dean Sharpe who was the maintenance person at that time and he brought a crew out within a couple of days and felled the trees and dragged them into swamp. This spring we discovered two more trees that had died. In April I called Paul Senst and tried to explain to him what the situation was and he knew nothing about it. He said he would look into it. I called him a week later he told me they had no record of an easement being registered. Only the five feet they purchased along the roadway. So then a couple of weeks later my husband and I went see Paul at his office, he told me the clerk is looking into it and he would let me know in a couple of weeks, I never heard another word. My neighbor suggested I call Mayor Boucher, he s a nice guy and he will be able to give you some direction. I didn t make an appointment with him but I did call and left a message and never heard back. We finally decided we had to have these trees felled and hired someone to do it. They were 10 and 12 feet from our house, 30 feet high, probably fifteen inches in diameter. The young fellow that felled them simply did that. We took the better part of two days to cut them up, take the brush off and drag them back into the swamp. I have been very frustrated with this process, I went to the County Courthouse twice and I finally with the help of the staff found the registered easement, it was registered as Torrance property and that is why they couldn t find it. I wrote a letter to the Mayor, sending

2 Page 2 a copy to Paul and attaching this easement and asking for this money to be reimbursed to us. I have never heard a word; I called you Mayor Boucher three times and sent a letter. I find that hard to believe the City paid as much as they did for this easement and not even know they have it. Anyway, we felt very ignored, and feeling ignored did not feel good at all. I am here to ask you for this money. It is a mere two hundred dollars we found a young man who could do it for that and I will leave this information with you. Thank you for your time he s the one we went to see last week and he finally gave us direction what we needed to do. Thanks. Mayor Boucher asked the Giese s to stay after the meeting we could have some personal conversations on how to work through this matter. But staff will be looking into this. Dennis Young, 4141 Midway Road - I live directly across the street from Grussendorf Nursery. I have been here before and it wasn t bad before but the roundabout amplified it, jake braking. It is magnified quite a bit right in front of my house you put a 15 mph sign for the roundabout. Semis are coming down the road 55 to 60 miles an hour, they get to that 15 and pop that jake. It s starts in the morning, sometimes at 4 am predominately its 6:30 in the morning all day six days a week. I have been down there getting my paper in the morning some of the semis are very conscientious. I hate to point it at young guys I was in the same shoes at one time they like to hear the brakes drop off. I need a sign put up there no jake braking or go easy on the brakes, please. I don t want to cause any problems but my wife has a lot of problems sleeping at night sometimes she doesn t get to sleep until 2/3 in the morning and I get up about 6am and it wakes her up about 7:30 am. I am 400 feet off the road and the bedroom is in the back of the house and you can hear these truckers. Mayor Boucher stated we have already started to look at some possible solutions for this problem and that is being worked on as we speak by city staff. CONSENT AGENDA Motion made by Councilor Peterson, seconded by Councilor Schmidt to approve the Consent Agenda which includes the following items: A. Approve September 17, 2018 City Council Continuation Minutes B. Approve general city warrants from September 16, 2018 through September 30, 2018 in the amount of $429, MOTIONS Motion made by Councilor Nelson, seconded by Councilor Geissler to appoint Eric Johnson, Community Development Director to the Joint Airport Zoning Board. Roll Call: Councilors Geissler, Nelson, Peterson, Schmidt, Mayor Boucher, aye. ORDINANCES An Ordinance Amending Hermantown Code Of Ordinances Chapter 8 Traffic Regulations, Amending Section 830 Parking The Second Reading was held on Ordinance , An Ordinance Amending Hermantown Code Of Ordinances Chapter 8 Traffic Regulations, Amending Section 830 Parking.

3 Page 3 Motion made by Councilor Geissler, seconded by Councilor Nelson to adopt Ordinance , An Ordinance Amending Hermantown Code Of Ordinances Chapter 8 Traffic Regulations, Amending Section 830 Parking. Roll Call: Councilors Geissler, Nelson, Peterson, Schmidt, Mayor Boucher, aye An Ordinance Amending Section 470 Of The Hermantown City Code The First Reading was held on Ordinance , An Ordinance Amending Section 470 Of The Hermantown City Code. RESOLUTIONS Resolution Receiving Bids And Approving Award Of Contracts For The Essentia Wellness Center And Assigning Contracts To Construction Manager (Doors, Frames & Hardware Supply Scope 10) Motion made by Councilor Peterson, seconded by Councilor Schmidt to adopt Resolution , Assigning Contracts To Construction Manager (Doors, Frames & Hardware Supply Scope 10). Roll Call: Councilors Geissler, Nelson, Peterson, Schmidt, Mayor Boucher, aye Resolution Receiving Bids And Approving Award Of Contracts For The Essentia Wellness Center And Assigning Contracts To Construction Manager (Architectural Casework Supply & Install, Scope 9) Motion made by Councilor Geissler, seconded by Councilor Nelson to adopt Resolution , Resolution Receiving Bids And Approving Award Of Contracts For The Essentia Wellness Center And Assigning Contracts To Construction Manager (Architectural Casework Supply & Install, Scope 9). Roll Call: Councilors Geissler, Nelson, Peterson, Schmidt, Mayor Boucher, aye Resolution Appointing Election Judges For The General Election Of November 6, 2018 Motion made by Councilor Peterson, seconded by Councilor Nelson to adopt Resolution , Resolution Appointing Election Judges For The General Election Of November 6, Resolution Approving Pay Request Number 3 For The Essentia Wellness Center To McGough Construction Co., LLC In The Amount Of $1,075,159 Motion made by Councilor Schmidt, seconded by Councilor Peterson to adopt Resolution , Resolution Approving Pay Request Number 3 For The Essentia Wellness Center To McGough Construction Co., LLC In The Amount Of $1,075,159. Roll Call: Councilors Geissler, Nelson, Peterson, Schmidt, Mayor Boucher, aye.

4 Page Resolution Approving Special Use Permit For The Grading And Filling Within A Shoreland Overlay Zoning District Motion made by Councilor Nelson, seconded by Councilor Geissler to adopt Resolution , Resolution Approving Special Use Permit For The Grading And Filling Within A Shoreland Overlay Zoning District. Roll Call: Councilor Geissler, Nelson, Peterson, Schmidt, Mayor Boucher, aye. Motion carried Resolution Approving Special Use Permit For The Grading And Filling Within A Shoreland Overlay Zoning District Motion made by Councilor Peterson, seconded by Councilor Geissler to adopt Resolution , Resolution Approving Special Use Permit For The Grading And Filling Within A Shoreland Overlay Zoning District. Roll Call: Councilors Geissler, Nelson, Peterson, Schmidt, Mayor Boucher, aye. Motion carried Resolution Authorizing And Directing The Mayor And City Clerk To Execute And Deliver The Temporary License With The Regents Of The University Of Minnesota Motion made by Councilor Peterson, seconded by Councilor Nelson to adopt Resolution , Resolution Authorizing And Directing The Mayor And City Clerk To Execute And Deliver The Temporary License With The Regents Of The University Of Minnesota. Roll Call: Councilors Geissler, Nelson, Peterson, Schmidt, Mayor Boucher, aye Resolution Approving A Wetland Replacement Plan For Stephen L. Morgan And Julianna I. Morgan At 4037 Ugstad Road Motion made by Councilor Nelson, seconded by Councilor Schmidt to adopt Resolution , Resolution Approving A Wetland Replacement Plan For Stephen L. Morgan And Julianna I. Morgan At 4037 Ugstad Road. Roll Call: Councilors Geissler, Nelson, Peterson, Schmidt, Mayor Boucher, aye Resolution Authorizing And Directing Mayor And City Clerk To Execute And Deliver State Project Work Order # For Emergency Vehicle Pre-Emption (EVP) Signal Revisions Design Engineering In An Amount Not To Exceed $2, Motion made by Councilor Peterson, seconded by Councilor Geissler to adopt Resolution , Resolution Authorizing And Directing Mayor And City Clerk To Execute And Deliver State Project Work Order # For Emergency Vehicle Pre-Emption (EVP) Signal Revisions Design Engineering In An Amount Not To Exceed $2, Roll Call: Councilors Geissler, Nelson, Peterson, Schmidt, Mayor Boucher, aye Resolution Approving Pay Request Number 5 For Rose Road Softball Field Street Improvement District No. 530-N In The Amount Of $119, Motion made by Councilor Schmidt, seconded by Councilor Geissler to adopt Resolution , Resolution Approving Pay Request Number 5 For Rose Road Softball Field Street Improvement District No. 530-N In The Amount Of $119, Roll Call: Councilors Geissler, Nelson, Peterson, Schmidt, Mayor Boucher, aye.

5 Page Resolution Receiving Bids And Approving Award Of Contracts For The Essentia Wellness Center And Assigning Contracts To Construction Manager (Overhead Coiling & Sectional Doors Bid Scope 21) Motion made by Councilor Peterson, seconded by Councilor Geissler to adopt Resolution , Assigning Contracts To Construction Manager (Overhead Coiling & Sectional Doors Bid Scope 21) Resolution Receiving Bids And Approving Award Of Contracts For The Essentia Wellness Center And Assigning Contracts To Construction Manager (Cast-in-Place Concrete Work Bid Scope 6) Motion made by Councilor Schmidt, seconded by Councilor Peterson to adopt Resolution , Assigning Contracts To Construction Manager (Cast-in-Place Concrete Work Bid Scope 6). Roll Call: Councilors Geissler, Nelson, Peterson, Schmidt, Mayor Boucher, aye Resolution Receiving Bids And Approving Award Of Contracts For The Essentia Wellness Center And Assigning Contracts To Construction Manager (Doors, Frames & Hardware Install Only Bid Scope 11) Motion made by Councilor Geissler, seconded Councilor Nelson to adopt Resolution , Assigning Contracts To Construction Manager (Doors, Frames & Hardware Install Only Bid Scope 11). Mayor Boucher thanked Lars Waldner for running the video equipment. Motion made by Councilor Geissler, seconded by Councilor Peterson to recess meeting at 6:59 p.m. Mayor ATTEST: Clerk