This transcript features the Bayport City Council meeting from March 6, 2023. Based on the context provided and the dialogue, here is the attributed transcript. **Note on Speaker Identifications:** While the provided list includes Carl Bliss and Orin Kipp, the roll call in the transcript identifies **Councilmember Carlson (Connie)** and **Councilmember Doll (John)** as the members present alongside Hill and Gilmore. *** [3:06] **Mayor Michele Hanson:** I'm not ready yet that's the problem workshops before the meetings I'm trying to find my [3:24] **Mayor Michele Hanson:** I need my [3:30] **Mayor Michele Hanson:** Okay I'm gonna call to order the city council meeting of March 6 2023 for Bayport Minnesota let's all stand and do the Pledge of Allegiance... of the United States of America to the Republic for which it stands one nation under God indivisible with liberty and justice for all right thank you all right you want to call the roll Matt? [4:18] **Matt Kline:** Yep. Uh, Councilmember Carlson? **Councilmember Carlson:** Aye. **Matt Kline:** Councilmember Doll? **Councilmember Doll:** Present. **Matt Kline:** Councilmember Gilmore? **Councilmember Gilmore:** Present. **Matt Kline:** Councilmember Hill? **Councilmember Hill:** Present. **Matt Kline:** Mayor Hanson? **Mayor Michele Hanson:** Here. All right uh do we have a motion to approve the agenda or does anyone have any changes I think so right we decided not to change anything? **Ethan Gilmore:** I'll move to approve the agenda as presented. **Councilmember Carlson:** I will second it. **Mayor Michele Hanson:** All right thank you Ethan and Connie uh let's see we just it doesn't say we have to roll call and I can't ever remember just to prove right all those in favor? **Councilmembers:** Aye. **Mayor Michele Hanson:** Aye. You want to post okay all right well then next is proclamations accommodations petitions [5:04] **Mayor Michele Hanson:** And announcements. The February recycling award recipient is Kelly Trainer lives on 9th Street North who will be awarded for recycling efforts with a grant from Washington County. Uh and then next is the open Forum it's a portion of the meeting to address the city council on subjects that are not part of the meeting agenda city council may take action or reply at the time of the statement Army give direction to staff regarding investigation of comments expressed total of 15 minutes is allotted is anyone here for the open forum doesn't look like it all right so the next thing is our consent agenda [5:50] **Mayor Michele Hanson:** Uh this is to consider resolution adopting items one through twelve: the February 6 2023 city council Workshop minutes, February 6 city council regular meeting minutes, February payable and receipts, February building Plumbing mechanical and Zoning permits report, purchase of a replacement Squad vehicle for the police department, no waiver of the statutory tort liability limits for City insurance coverage, revision to the city's Personnel policy to establish National Independence Day Juneteenth as an observed holiday, special event application from People's Church for a May festival on May 20th at Barker's Alps... [6:35] **Mayor Michele Hanson:** Special event application from Anderson Elementary for Razzle Dazzle Carnival on May 18th—my birthday! Pay application number three—since we were all talking about birthdays before—pay application number three to Pioneer Power for the booster station Improvement project, joint Powers agreement with Washington County Sheriff's Office to purchase fuel for the police department, and a grant agreement with met Council for the 2020 I/I program. Do we have a motion to approve? **Councilmember Doll:** I'll make a motion approving the consent agenda. **Katie Hill:** I second. **Mayor Michele Hanson:** Thanks Katie. Roll call vote—that's you, Matt. [7:22] **Matt Kline:** Councilmember Carlson? **Councilmember Carlson:** Aye. **Matt Kline:** Councilmember Doll? **Councilmember Doll:** Aye. **Matt Kline:** Councilmember Gilmore? **Councilmember Gilmore:** Aye. **Matt Kline:** Councilmember Hill? **Councilmember Hill:** Aye. **Matt Kline:** Mayor Hanson? **Mayor Michele Hanson:** Aye. Aye all right there's no public hearing tonight but we do have unfinished consider an application application submitted by Nathan Jesperson for variances to allow an expansion of the existing substandard single-family home at 317 Lake Street South. Sarah's gonna present a nice summary—we've talked about it quite a bit so thank you. **Sara Taylor:** Madam Mayor, at the February 6 meeting the city council considered variance requests to allow expansion of the existing substandard home at 317 Lake Street. The meeting concluded with the city council approving variances to allow a North Addition. [8:08] **Sara Taylor:** The city council subsequently tabled discussion regarding variances for an East addition to extend the footprint and roof line of the third floor which is in violation of City setback regulations as proposed at that time. The city council expressed differing opinions as to whether State statutory criteria had been met to Warrant approval of the variances. Since that time the City attorney and staff have provided further guidance on establishing findings of fact and conditions if the city council seeks to vote in support of the variances. Staff recommended conditions are primarily related to the mitigation of other non-conforming conditions on the property that do not comply with city ordinances and include the following: removal of excess impervious surface to [8:53] **Sara Taylor:** meet the 20% maximum required by ordinance, implementation of enhanced Landscaping between the house and the river to visually screen the existing structure and the proposed additions as viewed from the river, implementation of enhanced storm water management practices to effectively capture and treat drainage and runoff, and removal of the existing substandard non-conforming Remnant Foundation of a Boathouse to mitigate blight and improve the overall visual aesthetic of the property as viewed from the river. Based on the information provided the building official has determined The Boathouse structure to be beyond the point of repair and Rehabilitation, non-compliant with current building codes and he also mentioned that it appears to be unsafe so his specific [9:39] **Sara Taylor:** comments have been provided for city council reference. Staff does stand with the initial recommendation to deny the variances subject to the findings of fact outlined in the resolution in your packet. Conversely, if the city council determines that criteria exists to substantiate approval of the variances staff recommends the city council specifically articulate those findings of fact that support state statute criteria on the record including but not limited to reasonableness uniqueness and essential character subject to the conditions of approval recommended by staff and then finally to authorize the City attorney and staff to draft and execute a resolution documenting the city council findings and conditions of approval. The specifics on how to address the [10:26] **Sara Taylor:** conditions of approval will be discussed with the applicant at the staff level following this council meeting. I defer to attorney Vivian if he has any other comments. **Attorney Vivian:** I don't. The staff report articulated the appropriate legal standard for review—again just to highlight reasonableness, uniqueness, and essential character as being those three primary drivers that you're required to make findings on whether you approve or deny the application. [11:13] **Mayor Michele Hanson:** Okay so um like I said we've had several discussions on this item not sure where everyone else stands but I would be willing to make a motion just to kind of get the conversation started and I would move to approve this variance. I have the findings of fact in front of me that would support approval of it um including the first four findings of fact that were listed already previously um that were basic just information about the property. Uh but I would go on to say that architecturally the existing house was designed with the third floor recessed in depth from the first and second floors resulting in a greater setback from the river and an extension of this third floor toward the river to meet the front [11:59] **Mayor Michele Hanson:** building line of those first and second floors does not expand the overall footprint of the structure and does not result in an elevation beyond the specified limitations. Also the intent of the lower St. Croix River Bluff land and Shoreland management ordinance is to protect and preserve existing natural and Scenic values of the scenic River as well as the vegetation soils topography and Environmental Quality of the Riverway. An extension of this third floor toward the river would not result in further visual encroachment toward the river nor increase the building face of the overall structure. Additionally conditions associated with the variants allow for increased measures to preserve the Environmental Quality of the Riverway and another point is that at the [12:47] **Mayor Michele Hanson:** December 19 2023 Bayport Planning Commission meeting a motion to deny this variance failed by a vote of two to three. No formal motion was made by the Planning Commission to recommend approval to the council just because of some errors in the way the meeting was held but the three Commissioners who opposed the denial clearly expressed support for the East Addition so that the recommendation could have been that they would say to move forward with it. The City would then find that the variance does meet the criteria of practical difficulties when applying the three-factor tests required by Minnesota statutes specifically that the variant seeks to use the property in a reasonable way [13:33] **Mayor Michele Hanson:** that is prohibited under the current ordinance that the requested variance is due to Unique physical characteristics of the land which prevent compliance with the current ordinance not caused by the landowner or their personal preferences and that the variance will not result in the structure being out of scale out of place or inconsistent with the character of the surrounding neighborhood and there's a couple other points that were also in the about this the statute and and things that were in the original findings but for that I am making a motion to approve. Do I have a second? **Ethan Gilmore:** Second. **Mayor Michele Hanson:** All right thanks Ethan. Um do I just do a regular vote? Yeah oh duh yeah yeah I just thought maybe what [14:31] **Councilmember Carlson:** What okay discussion? [14:43] **Councilmember Doll:** Boy we're quiet. I feel like we should just vote and if we don't pass it then we just go with the plan B but I feel like we've discussed it. **Mayor Michele Hanson:** Yeah we've discussed it so I don't know a lot so that's I guess uh do you guys understand the couple the things that we expect to happen before you know if we do approve it? **Katie Hill:** Oh yeah that's true there would be conditions. **Mayor Michele Hanson:** Some of the conditions I'm not sure—I'm assuming you guys communicated that question? **Sara Taylor:** Sure yeah because I know that that's I don't know yeah if they have questions you can have them come to the podium. **Mayor Michele Hanson:** Council ask questions? No if they have questions that's okay all right okay yeah want to introduce yourself too please? [15:28] **Nathan Jesperson:** I'm Nathan Jesperson. Hi everybody um I actually brought my family tonight um so this is my daughter my oldest daughter Tori and my youngest Eliana I brought him here because I want him to see the on the action what about Sarah? [Laughter] This is my wife Sarah as well um thank you again for the consideration and again this has been several meetings and I just appreciate the time and energy you guys have been putting into this. So um as you guys are discussing whether to vote or not I I did review the considerations and I just uh we we ran [16:15] **Nathan Jesperson:** through all four of those considerations um and we're able to we feel like we're able to meet three of them uh without The Boathouse and um uh you know I sent out the email earlier today just kind of sharing that so I won't go into great detail on that save you guys a time but um you know I did want to reach out and just add a few extra bullets on this because the The Boathouse is um I view it as a kind of a really cool piece of history on this area or on this plot of land that used to be owned by the Anderson family and um and I don't know the the whole history of of that area but I know that it's it's kind of a neat structure and we'd love to be able to preserve it. [17:02] **Nathan Jesperson:** Um we have uh you know Minnesota provides protection for Shoreline structures like this specifically for reasons like this I think. Um you know when we bought the house we were under the impression that that was going to be uh something that we could restore. In fact the owner specifically mentioned to me that they had a conversation he had a conversation with the city and I have the email here too because I wanted to confirm this but um said that as long as you've kept up at least one wall we could repair the rest of it. Also said that to never take the tracks out we have the tracks that go from The Boathouse all the way down into the water those those are still there and they're still functional so we and we do actually uh use The Boathouse. So um it it is not in great shape but we do [17:50] **Nathan Jesperson:** put boats in it it came with a boat and it has a small metal row boat and we also keep our some of our our water toys in there as well. So uh it's ugly and it probably is unsafe but it has been used and so that's something that we wanna try to preserve as best we can. Um we we really would like to—we appreciate that you are considering this variance—we really hope to not include this as part of the discussion. Um maybe there's something to to discuss about whether this Boathouse should exist at all um and and I'd like to learn more but I really like to table that part of this for a different discussion because there's a lot I have a lot of questions like why is it still there you know if [18:36] **Nathan Jesperson:** it if it was something that was deemed as abandoned and uh unsafe and why didn't that go away a long time ago. Um so that was the one thing I just wanted to share with you guys uh I I love it if we could take that off and maybe pull it for a different discussion because we can meet the 20%—in fact when you guys approve the north Edition we you were approving it at 23% impervious. I worked with my architect to get down to you know 20.2% and we can get I'm sure we can shave off something a corner a soffit or something if we need to get to that 20 we'll get there. Um and uh so if you guys would entertain that in your discussion I really appreciate it any questions on that? [19:26] **Councilmember Doll:** Oh yeah you don't intend to keep it in its current state you intend to have it restored and brought to unity or what it once was a long time ago? **Nathan Jesperson:** I don't want to leave it that way if you guys made that a condition I would be okay with that we'll fix it as a condition uh for this in fact I would appreciate that. I kind of wanted to keep it off of this discussion so we didn't have to go you know it's a detour from the what we're really talking about in my belief um and I just don't think it's it has a wish for it to not have a place here in this discussion unless unless you guys want to make it a condition to to let us rebuild it because we will or refurb it. **Mayor Michele Hanson:** I I really appreciate that you sent us photos of it as well so we kind of have [20:11] **Mayor Michele Hanson:** an understanding of what it what it looks like and it's really bad shape and then we also got a picture of the the vision of the boat house um so I appreciate that. How does everyone feel about including—so right now the conditions which did she already go through them specifically? Um the conditions include removal of the entire Boathouse in addition to the other impervious surface things and everything. Why is it so hard so even with that staying you think you can still get to under 20 percent? **Nathan Jesperson:** Yeah of the impervious. Yeah that's the first page of that document I sent you guys. **Councilmember Doll:** Uh a boat owner I don't live on the river but I can totally appreciate that it would be great to have a Boathouse so I I get where you're coming from with that. Um our building inspector sent a note saying though that it's really doesn't seem like it's in great shape it doesn't conform to the current building codes appears to be unsafe... [21:47] **Mayor Michele Hanson:** Um yeah I feel like we need Sarah can speak on to this but uh the the restoration is essentially not allowed in our code. She can provide some guidance on that. Madam Mayor please? **Sara Taylor:** Yeah sure. Um you've been provided with the building officials comments based on the photos of the structure. We also did receive some correspondence from the DNR. The structure is substandard and non-conforming it's located in the floodplain and the Riverway district and there's a point where you can maintain a structure um before it becomes absolutely unusable or deteriorated beyond repair which is the determination that's been made and then once that once the structure becomes so deteriorated there's no option to repair or maintain anymore or improve—it just needs to go away. So if it would [22:32] **Sara Taylor:** have been maintained those years as a Boathouse and usable and safe and meeting code requirements now there would be an opportunity to retain that as is but because it's beyond that point of repair they kind of lose that grandfathering in—for lack of a term—to keep the structure in its existing location. Even though they're actually using it as a Boathouse the building official was surprised to know that someone could potentially be using that because he's you know he said it's braced internally and externally with diagonal beams it's no longer anchored to the foundation it's not not strong enough to withstand normal environmental loads or weather conditions it has no door it's subject to uplift from wind [23:19] **Sara Taylor:** loads um the wall sheathing has either rotted or fallen off or been removed it's structurally fragile it's weakened. So the foundation is degraded to a point that the river side of the building has no support or earth contact. So these are just some of the things structurally that the building official is able to observe. The DNR did comment that these types of structures you know when they get to this point there's there's just no saving the structure so that you know where now it kicks it into that different category so it becomes the fact that they would need to meet all the floodplain and Riverway setback requirements and construction requirements in order to [24:04] **Sara Taylor:** maintain that and they just aren't able to do that at this point in the existing location. **Nathan Jesperson:** Can I just ask uh clarifying on on this: was there a notice that goes out and when was that inspection done on that property? **Sara Taylor:** The building official just based that observation off of the photos that were provided um because there was a question you know if this becomes a condition of the approval tonight um you know what is the status of that structure could it be improved or restored. And based on the new information that was introduced the building official we thought it was appropriate for him to comment on the existing condition to know whether or not it it was eligible for rehabilitation. Um same with the DNR they [24:49] **Sara Taylor:** said you know there's just no way to meet today's flood proofing standards of course the setbacks but the construction materials that are required by code today you can't retrofit those it would have to completely come down altogether and be rebuilt. **Nathan Jesperson:** So it would be helpful to again this kind of brings us back to what I was saying before: it'd be helpful to have you know a meeting with them. My architect and my contractor has already been privy to this we're hoping to address this like I said at a later date. Um it just showed up on this so we have already looked at this structure and he felt really confident that we could rebuild it. Um I don't know how you can meet code on a boat house anyway so I'm trying to you [25:35] **Nathan Jesperson:** know get my head around what's there and why it wasn't taken down and then also what would require it to be like how could it have been maintained to meet code I guess if that makes sense. Um if you know it's it has it has a uh you know the structure has been there for a lot of years and I don't know how long it's been in the shape that it is right now. Of course it's deteriorating by the day so um but I was under the impression when I got the place that it was not going to be it was something that I could repair and and I understand that this is now potentially an issue but it would be great to have had some notice—prior notice—to today and a review by photo today to actually determine if this is you [26:21] **Nathan Jesperson:** know should be part of this discussion at all and um and frankly I just taking that aside—which I'd love to just have that aside in a different conversation—this variance has um can be met I think. I'd like to see if we could get to a place where we could meet this particular variance and have a separate discussion on that. Is that I mean is that possible we could get um you know someone out to actually look at the structure and deal with this as a separate deal? **Attorney Vivian:** Just Madam Mayor if I could just add you know it's certainly appropriate for the council if it decides to pull this off of this variance request and consider it separately. That being said when you look at your bluff line a Shoreland Ordnance section 601 is very [27:08] **Attorney Vivian:** very clear. Section 601.04 says if a substandard structure needs replacing due to destruction, deterioration, or obsolescence, such replacement shall comply with the dimensional standards of this ordinance. It's not ambiguous. Yeah. Um and so from a from a notice perspective it's not the city's responsibility to notify property owners of the rules when it comes to destruction, deterioration, or obsolescence. Um a Boathouse could potentially—if it met all the requirements—if this Boathouse came down another Boathouse could be built on the property if it were permitted I don't know if it is or not but it would have to be built in compliance with your ordinances and so that's that's the issue here. The issue [27:55] **Attorney Vivian:** isn't why was this Boathouse allowed to stand in this location why is it there today I mean that's all interesting and and you know history of the property is is interesting but when you look at your ordinance as it exists today the rules are pretty clear. Again that being said if you decide from a policy perspective that you want to deal with that separately and deal with that issue separately you know I presume staff would would do that. That being said you do have an issue with respect to whether The Boathouse actually meets your your requirements and uh... **Nathan Jesperson:** Can I ask you a question or further on that? Um in that in a variance request I recognize that we can have sort of the [28:41] **Nathan Jesperson:** bargain deals like we're looking at for consideration. Uh where's the—isn't there a level of reasonableness that kind of comes to play in some of those considerations as far as tying one variance to a separate situation such as this Boathouse and and what would constitute making this reasonable? **Attorney Vivian:** Well as the applicant you're requesting something of the city that's not permitted without a variance from their ordinance so you're asking for an exception. So when the city reviews your application for an exception to the general rule the city can impose conditions on what it grants to you as something that not everybody gets under every circumstance. So the city council determines from a [29:28] **Attorney Vivian:** policy perspective what's what's reasonable. And if they're going to allow you to build on the Riverside and add to your structure on the on the Riverside they also get to determine what conditions are necessary to allow you to to do that. So cleaning up a non-conforming structure that they might have to deal with otherwise is certainly within the authority of of the city council and having this discussion is up to you guys obviously. **Nathan Jesperson:** Thank you for clarifying that—very clear. **Mayor Michele Hanson:** You look like you have a question Connie? **Councilmember Carlson:** Um no that was very clear yeah I just have a question if we took that aside I mean what what are the requirements or the variances for rebuilding—like let's say [30:15] **Councilmember Carlson:** this was all off the table and he's only coming to do it to request to rebuild The Boathouse? [30:26] **Sara Taylor:** Um based on the criteria in the ordinance there is there's no potential for rehabbing or rebuilding the structure in the existing location. **Mayor Michele Hanson:** I think the only thing that he could have at play here is if if he wants to make a decision about keeping his Boathouse maybe we'd be more willing to do that if we didn't already do this other variance. I mean you know what I'm saying? Like we're kind of allowing this other variance to happen and and it's and then we're saying you also have this condition with it but he's like oh I really really like my Boathouse but maybe I don't need that expansion. Maybe he wants to bargain with us on that. **Matt Kline:** Madam Mayor to be fair this conversation The Boathouse was just introduced this morning so I know right and that's the [31:13] **Matt Kline:** only reason it's part of this conversation. Um when we look at variance applications we look at the entire property and the non-conformities and if there is—as Attorney Vivian indicated—if they're asking for an exception to the ordinance we also take a look at what other conditions on the property could be improved to bring the property into closer compliance with the ordinance. In this case this is a blighted structure that probably should have been removed years and years ago but as we discussed in our Workshop you know if if no one complains we're not out there actively enforcing code enforcement or excuse me ordinance violations um so this just was allowed to continue and deteriorate. So um that's where we're at and that's I think [31:58] **Matt Kline:** that's important to include as part of this conversation because there isn't a potential for improvement or rehab or restoring that—it's just not an option. So I think to better the property and improve the appearance from the river that's why staff has recommended these few conditions in one of them which is removal of that structure. **Attorney Vivian:** And if I can just add to that if you don't address The Boathouse—so let's say you move forward with your your motion and you remove The Boathouse from the conditions—then potentially your staff will be dealing with The Boathouse in the future. There's not a circumstance as was indicated that would allow for the renovation the repair the replacement based on on your ordinance. So there's [32:43] **Attorney Vivian:** not going to be a brand new structure in this location under under any circumstance and so your your options are really sort of ignore it and leave it for later um or address it as staff has requested as part of the conditions so that it's not an issue that has to be addressed in the in the future by your building official zoning and whatnot. **Mayor Michele Hanson:** Because technically we could as a city have gone in and said he needed to remove it without him ever coming to us with this other— **Attorney Vivian:** That's exactly right yes. **Nathan Jesperson:** But I mean we're... oh go ahead clarifying questions for us our Builder was going to go just gonna maybe have the building inspector not look at photos but come and see the structure and feel the walls... [33:29] **Mayor Michele Hanson:** Yeah I understand what you're saying but it sounds like no matter what it's not within like it's outside of the rules because of how close it is to the river that no matter what you shouldn't that structure shouldn't even be there is that am I understanding that correctly? **Attorney Vivian:** So I think no Matt you can—even if your Builder architect thinks that they can do it it's just outside of the actual because of its condition because of where it is located because of its location and the condition. If they thought the condition wasn't as bad as what they assumed could that be different then? **Attorney Vivian:** Or no matter what no. If that structure were in good shape and you just decided that you wanted to do something different with it repurpose it [34:15] **Attorney Vivian:** renovate it—because you couldn't do that as well because of where it's located because you are in that restricted Zone. You're already a substandard structure in that zone. The city changed its rules but allowed those outbuildings to to remain. The policy is that they can stay in their existing condition until they until they can no longer stand and then they have to be removed in an effort to resolve those substandard buildings because the city—the city and you know through its ordinances—doesn't want to permit number one new buildings but secondarily it doesn't want to promote the continued use of existing buildings that are substandard under the code. So [35:02] **Attorney Vivian:** it's it's a function of location and now it's a function of condition because we have a building inspector's report on the particular building but there's nothing that can be done to that building. **Nathan Jesperson:** It couldn't be even if it were in good shape... **Mayor Michele Hanson:** Let's look at—inspector... no this is all through the pictures today and we can all tell from the pictures that it's not in great you even said yes. **Nathan Jesperson:** So would it I mean even if it was in good shape you couldn't do anything? **Mayor Michele Hanson:** Yeah. **Councilmember Doll:** So would it be an Attorney Vivian or um somebody else on staff would be able to answer this: so if it had been maintained and structurally sound basically they could have put a new roof on it if it needed it or maybe put paint [35:47] **Councilmember Doll:** on it if it needed it but nothing else right? But not now—it's obviously way beyond a roof and paint but is that a fair to say Councilmember Doll? **Sara Taylor:** That's correct the code terminology is "normal maintenance" so these basic upkeep okay um and that can be fairly judged from the photos we have no doubt that it's beyond the roof. **Matt Kline:** Our building official did not feel it was necessary to do an on-site physical in-person inspection to make some of the determinations that he has provided. **Mayor Michele Hanson:** I feel like we haven't I have enough information about it and I'm comfortable with the conditions that we have outlined. I feel like we've already given quite a bit—we've already approved a variance [36:35] **Mayor Michele Hanson:** to give you the extra space on the third floor if we approve it so I feel like these conditions are fair. **Nathan Jesperson:** Can I ask a question before you go in for a vote then? Um if if you guys approve with the conditions um does it just it moves forward as such right? The conditions and the approval with that? **Mayor Michele Hanson:** That's how it would be yeah yeah. Um okay unless you guys want to... didn't want to revoke this? Yeah I don't know if I I guess I don't see the point in that because as Attorney Vivian said it's going to have to be dealt with now. **Nathan Jesperson:** Yeah that's a good question is it... so let's just say I you know this is approved and [37:21] **Nathan Jesperson:** then we don't like—does ultimately someone's gonna come out and say you gotta get rid of that thing I think? Or we'll get another... **Attorney Vivian:** Potential yes potentially we just don't know. **Nathan Jesperson:** So I did I did speak with a municipal attorney before this and of course he had minimal amount of time as well and he did mention the that that Minnesota has a shoreline protection act for structures like this and my concern with moving forward on this um with such limited time to get to actually explore what rights go beyond potentially the ordinance um is that we're we're kind of like we're shoving it in I feel like... **Mayor Michele Hanson:** So you feel like there's other potential? **Nathan Jesperson:** I think there's other—people to keep it... [38:07] **Mayor Michele Hanson:** I feel like we have a couple people in the room with with some opinions and and what they know but I think there's I think there could be more opportunities... **Nathan Jesperson:** I mean that's fair if you want to deal with it down the road again for us too because this is so new information we haven't been able to do much of our own understanding. But if you put a timeline—it had to be reconsidered by such and such—that's fair. It just hasn't been... it's very new for our understanding. And I know that we would you know that would mean potentially we're back here again but I mean who doesn't enjoy this time I mean this is great right? **Councilmember Carlson:** I would also like to add that if we kept the other three which we would keep the other three conditions if [38:53] **Councilmember Carlson:** we approve that those would be completed before you move forward with the actual Addition on the third floor. So we know that those things are getting done. **Nathan Jesperson:** Absolutely. **Mayor Michele Hanson:** Okay so what a discussion about that is that in the I mean that would have to be a friendly that would have to be something we'd mentioned the original motion. Yep. **Sara Taylor:** Madam Mayor if I may um regarding The Boathouse condition you know maybe there's a way that you could um—and I'll defer to Attorney Vivian—but make the recommendation as written as a condition to remove The Boathouse but if there's other information introduced that the structure has some sort of historical significance that we bring that back to the council for consideration. Okay [39:39] **Mayor Michele Hanson:** Um so then we don't have to for sure deal with it unless there's actually a... I do not believe believe one exists especially in a in in the condition that the structure is in. If there was any historical significance that unfortunately has been lost or deteriorated so um I dealt with that—that is something that will need to reconsider but we could we can look at that and I won't waste your time. I mean we'll we can we I can work with the city staff and what I can find out we can figure that out on the back end and of course I think we don't have to come here and waste your time if we determine that there's nothing there. **Attorney Vivian:** Yeah I think it would also be fair to have the building official on site uh to evaluate the condition or the [40:27] **Attorney Vivian:** the on-site condition take pictures. Obviously if the city were going to require that The Boathouse be taken down we would have an on-site inspection anyway um to confirm the the conditions. So quite clearly the the concern here is health, safety, welfare. Yeah you know it is blight on the river um that's that's an issue but from my perspective the the bigger issue is we don't want The Boathouse coming down on kids we don't want The Boathouse coming down on users and I'm sure you don't either um and so it's it's really it's not a matter of the the city saying we have rules and you need to follow them it really is health, safety, welfare driven um and that's that's a part of it. So you [41:14] **Attorney Vivian:** know I I think you know perhaps it would be appropriate for the condition to indicate that you know perhaps a review will be uh completed within the next 30 days, 60 days... you know some some period of time so that you can complete your research on the historical significance we can have the building official on site take pictures review it um and either way there's going to have to be a determination that's that's going to be made um but you know perhaps we say that you know within 30 days or within 60 days um if it's not determined that there's historical significance or if it's not determined that the um building is habitable then it needs [42:00] **Attorney Vivian:** to come down. Right? I mean I I don't want to I don't want to set it out so that these folks have to come back and we're talking about a determination. You know if there is historical significance well then we look at it. If the building official determines that it's habitable or that it's usable in a safe condition you know okay. But absent one of those two things and then The Boathouse has to come down and we can move forward with this process. **Mayor Michele Hanson:** Yeah I'll add that to my motion as he just explained. [Laughter] So I'm just going to ask—we sort of need that—did we distill down in a way that's motion-friendly? Um [42:46] **Mayor Michele Hanson:** Do we want to specify 30 days for that? **Nathan Jesperson:** 60? Just to verify 60 just because of people's lives but I mean I'm just saying it's 30 days is not a lot. **Matt Kline:** So what factors into that though then is we kind of have an open-ended situation where do we allow other things to proceed? **Mayor Michele Hanson:** Especially considering that you said other things I'm sorry be completed before they could start work. So you're saying—I thought we're just saying on those two stipulations about where they get to research if it has historical significance and we're going to send the building inspector out on site that that would happen within 30 days or 60 days. Is that that's that's what just those two things? Yes. **Ethan Gilmore:** Again I feel like I mean just trying to get schedules together it's hard so I I just don't know if 30 days is enough or [43:34] **Ethan Gilmore:** if that's you know spent the spring break... **Matt Kline:** I want to understand Matt are you saying that if you put this they can't go forward with anything else? Yeah so is that true? **Attorney Vivian:** See that's why I was under—that's what I wanted to make sure members of the council—so they can definitely proceed but you had a stipulation that they could not proceed with any other Renovations until the conditions were met. **Mayor Michele Hanson:** I would say this delay—there are three conditions—no no we just wanted clarification on that so um that's up to you as a policy. **Nathan Jesperson:** That's a good point because then we don't have the... can I recourse on that can I suggest that we um if if if this moves through in this [44:21] **Nathan Jesperson:** particular fourth item has a 30/60 day clock whatever it is that once we um once it's approved we move forward but then at the moment that is deemed not—if it is not uh deemed a historical or whatever then it just has to go down like it just has to come away. No there's some pervious square footage uh that would change in that environment right so maybe it's 20% that we're passing right but things might change then a little bit on what our availability is of impervious square footage after that would go down is that? **Sara Taylor:** Yeah that would be worked out with staff later we do take the boathouse down and yeah movement on other areas okay that's that [45:10] **Mayor Michele Hanson:** Okay so where does that leave us exactly with what we need to... how do you guys feel about 30 or 60 days for the figuring it out if this Boathouse is coming down? **Councilmembers:** 30. **Ethan Gilmore:** Is that... am I being degenerate? Everything's so slow these days but I know I typically would have said 30 days but any other thoughts? **Councilmember Doll:** Can I suggest 45 and—look at that difference 45 days. **Mayor Michele Hanson:** There you go okay with 45 that's a fair splitting of the difference. When do you intend to begin construction on your project? **Nathan Jesperson:** Um as soon as possible as soon as possible. Yeah I mean it'll take us a while to get some it'll probably take us [45:56] **Nathan Jesperson:** 30 days to get to breaking ground. **Matt Kline:** It'll be in—the only reason I ask is because if you know if we're looking at 30 days or 40/45 days it'd be nice for your construction timeline to line up with the final determination so that everything is moving forward at the same time. [46:27] **Matt Kline:** Madam Mayor members of council—well um there there's some significant material that needs to be provided an updated survey and different things like that. The WMO probably has to get re-involved with the additional stuff so there will be some significant um review due and so I think that 45 days... I know road restrictions are also going on here at the end of this week so that always puts a damper on some of the construction items so I think 45 days is is viable. **Councilmember Doll:** So before I feel like we're getting close to voting here um I just want to get my two cents in [47:14] **Councilmember Doll:** there um and again I I love everything I've been shown here. I love boat houses—I I think they're Charming I'm a huge fan of them. Um this this has been probably one of my top handfuls—six or seven—most interesting things since I've been on Council. And um I've been kind of all over the map on this and and I always go back to my gut and my gut is airing on the side of you know... we originally had findings of fact that I think I heard Sarah spent upwards of kind of 80 hours on this situation and that's a ton of Staff time and she did that and now we kind of threw that away and said we don't like [48:01] **Councilmember Doll:** your answer and please give us the answer we want to hear. And um I am not comfortable voting in favor of this. I wouldn't be comfortable with construction starting until The Boathouse factor is concluded. **Mayor Michele Hanson:** Yeah that was part of the deal was that nothing would... like so... um yeah for for the reasons I explained. Yeah I I just am having a hard time supporting it. **Mayor Michele Hanson:** Yeah I understand where you're coming from because my gut feels the other way around. My gut feels like it can't—there's there's just not a good enough reason to not allow them to expand that third floor because it doesn't increase the footprint... it's not affecting the Riverway. I don't think the view is any [48:48] **Mayor Michele Hanson:** different for the people on the river and I think we also have this flexibility then to put these other conditions of approval on it so it's it's giving us more that we can do to help the environment in the river by approving it than denying it. So that's that's how I feel about it. Um I guess we need two other people to agree with me and we're wasting a lot of time discussing all of this that's why I thought maybe we should have gone through the vote process before we wasted a lot of time. **Nathan Jesperson:** But can I add one uh piece? I just want to ask we have a approval for the north Addition yes already in place and I'm not sure how that plays into this part of the discussion of the timing on The Boathouse. Because we yeah could we start [49:36] **Nathan Jesperson:** if we got through the stuff that we needed to on that end of it might we be able to start on the North? **Mayor Michele Hanson:** Yeah I don't think we had any issues with you starting on that North Addition—no condition no nothing um... **Sara Taylor:** Um there's no conditions but there are stipulations that include uh storm water management and different things. **Matt Kline:** Yeah they already have that plan we didn't put those conditions on that that was a requirement to complete those before that work was done. **Mayor Michele Hanson:** Right okay but they will do that yes we trust they will no matter what. **Councilmember Doll:** I wish you guys nothing but the best on your remodel project. I know what it's like to go through extensive remodels like that and it's a bugger and uh you have my support from that standpoint that I hope it all goes well and you get what you want. **Mayor Michele Hanson:** Do we have any more discussion or should we vote? Do we feel like we know what we're voting on? I'm ready to move. [50:43] **Mayor Michele Hanson:** Okay so my motion would be amended to include all of the those extra stipulations about him having a chance to do research to see if it's got a historical significance or some other reason that it would be left The Boathouse or and then also have the inspector come out and do an on-site visit within 45 days. And then also amend that after that point all of those conditions that were listed—all four of them—would need to be done before they actually move forward with the East Addition. **Matt Kline:** So does that need to be—doesn't that need to be like a friendly Amendment? And yeah now do we need to have a second on my amended motion? **Ethan Gilmore:** Do we have a second? Ethan? **Ethan Gilmore:** Before? **Mayor Michele Hanson:** Okay so now do we do a roll call vote? As far as okay everyone's ready? Yep. [51:28] **Matt Kline:** Councilmember Carlson? **Councilmember Carlson:** It's an IRA which is yes yes. That's what we do it wrong—yes. **Matt Kline:** All right so what did you say? **Councilmember Carlson:** Yes. The Planning Commission is... I do like my grandson does: two thumbs up. **Matt Kline:** Councilmember Doll? **Councilmember Doll:** Nay. **Matt Kline:** Councilmember Gilmore? [52:14] **Councilmember Gilmore:** Aye. **Matt Kline:** Councilmember Hill? **Councilmember Hill:** Aye. **Matt Kline:** Mayor Hanson? **Mayor Michele Hanson:** Aye. Motion carries finally did it! I did it we we got through all of that after probably 100 plus hours so. **Nathan Jesperson:** And I just say I just wanted to thank I appreciate all of you for the work on this. I know I've said that a million times but thank you for all the work. **Councilmember Doll:** I think what John Doll said here was appropriate we've all put a lot into it and I'm very much appreciate that so thank you. **Mayor Michele Hanson:** Good luck to you best wishes guys yeah hopefully you find some historical significance with that Boathouse because it is it's very very cool. [53:00] **Mayor Michele Hanson:** Okay where is my agenda. So now we have new business uh considering authorization for SEH to proceed with plans and specs for a culvert lining project and related work on the Point Road. And Matt's gonna present this item. **Matt Kline:** Madame Mayor members of the council this was brought up a couple of months ago about the possibility of needing maintenance on the Culvert on Point Road that connects essentially the Wetland area south of the Excel Center and Anderson Bay. We did culvert inspections in 2021 after there was a failure up on 7th Street north of a similar type of Culvert and we went around to try and determine well what what's the shape of our other culverts. This was identified—as each game mode and actually inspected it as much as they could and [53:47] **Matt Kline:** deemed that yes it's an issue. We've had a couple lining companies come out and um thanks Nick essentially give us a go that yes it's feasible to line in this. The other option would be to open trench it but from a public safety standpoint and a feasibility standpoint it's not altogether practical and we would much rather have it lined before we need to do an open trench. Um so what we're asking—there is some permitting involved and also some engineering involved regarding this lining. The programming includes Wetland permits and St. Croix River permitting [54:33] **Matt Kline:** um and so there's some significant costs with those two items and then um just to make sure this lining is kind of unique compared to like a lining of a sewer it's not quite as straightforward and so we want engineering plans and specs specific to that large-scale lining. With that said staff is recommending that city council adapt a motion authorizing SEH to proceed with plans and specs for Culvert lining and related work. This also includes going out to bid for the project. I'll stand for questions. **Mayor Michele Hanson:** Does anyone have any questions for Matt? **Councilmember Doll:** Just a real basic question Matt: is that something that—and I'm not endorsing this company or anything but that like [55:21] **Councilmember Doll:** Miller Excavating would handle? Or is that not something that would be in their... **Matt Kline:** If it was a um an open trench where they were replacing the entire line absolutely. And we actually had them out for an estimate and their estimate was significantly higher than lining it. **Councilmember Doll:** Yeah so lining it's fair to say is sort of a specialty? **Matt Kline:** Absolutely. There's um one Minnesota company that did it and then there's another company who's kind of like a national company but their large lining is out of based out of Florida. So um it is very specialized yes. **Mayor Michele Hanson:** Okay thank you I really appreciate that we're staying ahead of this and fixing it before it [56:08] **Mayor Michele Hanson:** becomes a major issue. **Matt Kline:** So yeah so lining um Madam Mayor members Council sorry to interrupt but um it has worked very well for our sewer lining um and that's kind of where this lining got started but then they started getting bigger and bigger for specialty ones like that because there is a market for um essentially culverts and different pipes that are not quite deteriorated enough for a complete replacement um so they're perfect candidates for this. So yeah it's a pretty cool technology if you've not seen it before it's pretty. **Mayor Michele Hanson:** I think it is. I'm uh prepared to make motions if anyone else has any other questions or comments. [56:57] **Councilmember Doll:** Um I'll move to authorize SEH to proceed with plans and specifications for a culvert lining project and related on Point Road as it's been presented to us. **Ethan Gilmore:** All right thanks John thanks Ethan. **Mayor Michele Hanson:** Now we need a roll call vote. **Matt Kline:** Councilmember Carlson? **Councilmember Carlson:** Aye. **Matt Kline:** Councilmember Doll? **Councilmember Doll:** Aye. **Matt Kline:** Councilmember Gilmore? **Councilmember Gilmore:** Aye. **Matt Kline:** Councilmember Hill? **Councilmember Hill:** Aye. **Matt Kline:** Mayor Hanson? **Mayor Michele Hanson:** Aye. It's okay it'll take a while all eyes. [57:42] **Mayor Michele Hanson:** All right you match um city council liaison reports. Do we who start with Ethan to my left here? **Ethan Gilmore:** Uh so they met last week when we were two special meetings here but I do have the minutes in front of me. **Mayor Michele Hanson:** Okay tell us what tell us who met. **Ethan Gilmore:** Oh I'm sorry yeah not everybody remembers okay there we go. Uh so yeah they did a formal approval of the 2023 budget. They added uh $10,615 to to a 4 to 5% wage increase to try to keep up with inflation. Um approval of disbursements they did a review of the CIP they relocated a little bit of money to purchase new tripod and microwave microphones um and then they did election of officers and I believe they stayed the same um as to what they were before. [58:28] **Ethan Gilmore:** And it looks like oh just a subcommittee representative to prepare our current franchise agreement expiring this June and uh volunteered to take on that role... **Mayor Michele Hanson:** You didn't volunteer I wasn't there I was here... **Ethan Gilmore:** They didn't volunteer you um but yeah that's that's that's what I can gather just based on the minutes. Um that's all I've got. [59:15] **Mayor Michele Hanson:** When we get to my report there's been a lot of meetings. Okay Connie? **Councilmember Carlson:** My report? Nothing to report yes. I mean yeah you did no—make a shorter meeting all right. **Mayor Michele Hanson:** Uh Katie? **Katie Hill:** Uh B-CAL this last month they paid their taxes. Uh they're talking about doing the magnets again with all the dates of all the activities that are coming up. Um Easter egg hunt's gonna be April 8th and they're looking for volunteers from 9 to 11. So you can always contact B-CAL for that. And then they were talking about insurance again mainly the whole time—it was a lot of time it was a lot of insurance talk who's covering where and where where is everybody covered and [1:00:02] **Katie Hill:** you know just join us. **Mayor Michele Hanson:** Oh I'm sorry yeah just since you guys are here and you're calmed up all the time. Um I had a resident ask me about the Easter egg hunt and is it I remember my kids were told there was a small child friendly area and then the Creator... **Katie Hill:** That's the plan again we've done that. **Mayor Michele Hanson:** That's what I said yeah and it's at Barker's Alps? **Katie Hill:** Yeah okay. I mean they do have like if it's gonna rain or snow like a drive through that they would do where you could come and still get your eggs yeah or at least candy yeah but yeah big full of candy. **Mayor Michele Hanson:** John? **Councilmember Doll:** Thank you. Um uh we didn't have any business to conduct so I do not have mirrored watersheds yeah we didn't meet last month we will be meeting this Thursday. [1:00:47] **Mayor Michele Hanson:** Okay so I have some liaison appointments and I also had just some other meetings and I thought I'd let you guys know just what I've been up to so no one's surprised. I had the opportunity and I last month I was really bad I didn't have anything I was like I know I've done things what was it so I have one from January: I met with Sergeant Jackson who's here tonight just to get a chance to get to know him a little better now that I'm mayor so that was fun. And that reminded me when I talked to you that when I first joined Council I did a Ride Along with the police and I don't know if Katie if you're interested or either of you gentlemen that I probably never [1:01:33] **Mayor Michele Hanson:** had the opportunity to do that. Have you been on for a while now? **Ethan Gilmore:** I'm interested. **Mayor Michele Hanson:** Yeah I think you guys should do that it's really really cool to see what they do and I don't mean to interrupt but you can also do snow plows. **Ethan Gilmore:** Oh yeah I heard that when I went to my little meeting—MnDOT snowplows yeah yep so really yeah right okay. **Mayor Michele Hanson:** Uh Matt and I had the chance to meet with the superintendent of the school district he's new—Dr. Funk—um kind of just helping to build the relationship there between the schools and the city we did that on February 2nd. We also met with Chris Johnson from [1:02:21] **Mayor Michele Hanson:** Saint Croix Iraq to talk about the Centennial Pavilion so we're moving forward with that and then the council at the workshop tonight uh chose colors for the Pavilion and we got a little update on how we're proceeding—that's probably not going to be going in until the fall as we talked about because of timelines. I also on February 7th I met with Bob Dickey from People's Congregational Church at his request he wanted to teach me a little bit more about how they use their property at Barker's Alps. Um February 8th I had a meeting with a school board member Pete Helzenberg again just to keep that relationship going between the school board and the City. February 13th I attended the Bayport Fire Relief Association board meeting. [1:03:08] **Mayor Michele Hanson:** Um I didn't know a lot about the Relief Association so I have to thank Chief Eisinger he gave me a little overview at the meeting and I learned that this is—this is what I found online after—so the volunteer Fire Relief Association is a government entity that receives and manages public money and in our case it's money from the state of Minnesota to provide retirement benefits for individuals providing the governmental services of firefighting or emergency first response. So it's a separate entity from the fire department and it's governed by its own board and our board includes Mike Gallowitz as the president and Steve—how do you say his last name? Biggie? is the VP. Dustin Vincent's our secretary and Ray Valley is our treasurer. And they're doing a great job and I want to [1:03:54] **Mayor Michele Hanson:** thank them for stepping up and doing that because it's time consuming. I know they get paid for it right you get a separate stipend nothing they do yeah but still it's time they could be with their families or going to a movie. Um they really have been great stewards of the money from what I learned at the meeting and they're we're looking at how to maximize return on their investments and did some moving around of funds in order to make um make it better. So keeping an eye on it and um I don't know if you guys heard but they tried a fishing tournament fundraiser—an ice fishing tournament fundraiser—24 people registered and it was their first year but they lost about $500 but they'll do better when they try it again they're gonna um get more advertising out there. [1:04:42] **Mayor Michele Hanson:** Uh February 21st uh Sergeant Jackson was there with me and Chief Eastman at the Minnesota Correctional Facility Community advisory committee. Not a lot of discussion there wasn't actually an agenda we just kind of went around the room and met each other because it hasn't met I think since COVID and um the number one takeaway that I had was that they're short-staffed at the prison—both prisons actually—which is not surprising it's kind of happening everywhere. Uh February 21st I met with members of a household on 9th Street about a sewer backup concern that they had and it's been resolved as much as possible with the help of City staff. Thank you Matt for your help on that. And then we [1:05:27] **Mayor Michele Hanson:** met with Commander Quick from the Legion to talk about the Centennial Pavilion on the 22nd. Legion seems very excited about the project and grateful that we're able to help find a way to commemorate both of the centennials. February 23rd I attended the King plant community stakeholder meeting—Sarah was there as well and that's in her update—and then on the 24th and 5th of February I was at the League of Minnesota City's Elected Leaders Institute Advanced program in Plymouth. And uh best part of that is networking with the other city officials and just kind of hearing what's going on in their towns and how they're dealing with issues. Also some great educational programming—Stevie Ray came on Saturday and he was amazing. Um Katie was there—she didn't give that in her update because it's not an early [1:06:13] **Mayor Michele Hanson:** liaison but so um sounds like you learned a lot of stuff online before you even went yeah they had online programming too which we didn't but. And then the last—almost lastly—the Lake Elmo advisory commission met on the 27th in Baytown. I didn't know much about that commission either and it's actually super interesting. Their whole goal is to further the general welfare of the community and the Lake Elmo airport through maintaining and resolving problems created by the aircraft operations of the airport. So there is this wonderful woman named Jennifer Lewis who fields all of the calls she's with the MAC—what is that? Minneapolis Airport [1:06:59] **Mayor Michele Hanson:** Commission or something. And so this is this is what she taught us in um in the final quarter of 2022 there were 637 complaints about the Lake Elmo airport. Yes. And that all came from one household. Yeah. This woman is a saint I know. So that's compared to 2021 there was 101 complaints in the whole year and that was probably—what did she say like just two or three households that whole year that made those 101 complaints—46 the prior year, 47 the prior year. So she has been handling that household and dealing with the complaints trying to [1:07:46] **Mayor Michele Hanson:** educate them and she's so amazing just very calm about the whole thing so. And then just before our last meeting I had a chance on February 27th I met with Tom Lunen. He wanted to just check in on my first couple months as being a mayor which was really nice. And I actually on March 1st had the tour of the library—did anyone else go on a tour of the library? Ah it's really so they're excited to open. It's Jill said she was thinking on Wednesday but I it didn't look like they were going to be that close. Does anyone know what the status is have you heard? **Matt Kline:** No no it's kind of been... **Mayor Michele Hanson:** Yeah there's a lot of little pieces that have to come together furniture decorations all of that and getting all the books on the shelves but they were working on that when I was [1:08:31] **Mayor Michele Hanson:** there so excited about that. So sorry that's so long hopefully this is a one-time thing and I'm not going to have that many meetings and updates in the future just my hopefully just a couple liaison things. And I also meet with Matt once a week and it's awesome we're really uh getting to know each other. **Ethan Gilmore:** Was um for the library was there going to be a like an open house event? **Mayor Michele Hanson:** Yes not until April though right? **Matt Kline:** Yeah there's gonna be like a soft open and then yeah they were gonna have something. **Mayor Michele Hanson:** Yeah there's like a kids opening and an adult opening I think just with it not being opening as soon I think she doesn't really come up with a date unless she did. Just you guys know of in the last oh the actual when the door is open no when they'd have a like a grand opening or uh [1:09:18] **Mayor Michele Hanson:** oh I thought she had them on I had him on my calendar there's two different ones no but I thought well I thought she wasn't sure because of everything getting pushed back but I talked to her okay I can double check I can't remember if she had anything in her update okay so staff reports Matt and Mary um I'll call on Sergeant Jackson for PD report. [1:10:04] **Sergeant Jay Jackson:** Council members um I will stand in Chief's absence here to go through her update. I will apologize if I lose my voice I've been fighting a cold for the last week and a half so I get a little froggy if I'm talking. Um this might have been on the last update too: the Police Department did a tour that was conducted by Officer Papowski. January 30th we finalized our training schedule with our POST board training for the year. Um as the mayor mentioned earlier uh we were both present for the community advisory meeting with the Department of Corrections um and stakeholders there—wardens different uh people within the prison and community leaders. Um and then the 21st of February we did our taser qualification training with the Oak Park Heights Police Department involving all the officers on February 24th. Uh we received a grant through AED LifePak that allowed us to get four additional AEDs to have in our squad cars to [1:10:51] **Sergeant Jay Jackson:** respond to cardiac emergencies. Officer Larry Cornell secured that grant for us—pretty happy about that to get those in our squad cars and all of our officers have been trained on that with the exception I think of one but they are currently in the squad cars ready to go and then March 1st we completed our weapons qualification up at the Oak Park Heights Prison range which is a nice facility that we get to use. Upcoming events uh not on the agenda was just March 29th is our cold weather in low light qualification shoot. That just gives us uh it's one of the POST-mandated requirements because we're Minnesota and things get cold so we have to you know wear hats and gloves and we do some of this training as well as do [1:11:37] **Sergeant Jay Jackson:** low low light level shooting to be determined. Um we're still waiting to hear if about the OSHA camera grants for City Hall here. April 26th is going to be our pepperball chemical training and Narcan training for all the officers included with the Oak Park Heights Police Department and hopefully April to be determined I will have more information about the uh K9 and the arrival date for officer Cornell's dog. I believe he did confirm to me today it is going to be a black lab so that is exciting that should be coming up here shortly. Uh total incidents and self-initiated responses to date as of February 11th were 934. I will stand for any questions that you have. **Mayor Michele Hanson:** Oh thank you thanks for standing in for Chief. **Sergeant Jay Jackson:** You bet thank you. [1:12:24] **Chief Eisinger:** Mayor council members uh February call volume was 92. We did have some unique unique calls we had a plane crash we assisted uh Hudson on a big structure fire and then we had our own structure fire in West Lakeland Township where we had a great knockout and minimal damage although there's some repairs that need to be done at the house. That's compared to the 92s compared to 76 runs in 2022 our year-to-date volume is 181 compared to 159 in 2022. Our [1:13:13] **Chief Eisinger:** monthly drills were "Right to Know"—this material and small equipment operations. We're continuing on with our fire inspections as well as plan reviews in addition to the relief Association that Madam Mayor mentioned we had our officers meeting we did have a Washington County Fire Chiefs meeting this month already and the fire improvement team. With that I'll stand for questions. **Councilmember Doll:** I just have a comment. Um in the interest of public safety who are who are concerns fires that there was a small outdoor fire electrical fire that started at my neighbor's house and it happened at about midnight on I believe it was a Saturday night recently. And and um their neighbors caught it and these [1:13:58] **Councilmember Doll:** people had their granddaughter staying over in there so just an attaboy to people for neighbors looking out for neighbors. And if you see something suspicious to you know it was snowy and it wasn't probably fun to throw your boots on and go out there but they found the fire and um it was able to get put out in a very timely fashion due to some neighbors looking out for neighbors. **Mayor Michele Hanson:** So I actually saw that neighbor on my walk on yesterday and thanked him personally for doing that and he was like "oh it was no big deal" kind of a thing. **Councilmember Doll:** So that was really nice and I think we also put together a I signed a thank you card for the family yeah that did that so yeah it is great when people are watching out for each other. **Chief Eisinger:** It does the yeah the fire department's currently up in Oak Park [1:14:44] **Chief Eisinger:** Heights on a chimney fire now where neighbors saw the flames coming out so yeah it does um... **Mayor Michele Hanson:** Thank you. **Matt Kline:** YouTube Assistant Administrator Taylor. [1:15:10] **Sara Taylor:** For late March or early April: at the request of the property owner staff has decided to defer the land appraisal for the land and water Legacy project until such time the property owner feels it's appropriate to reconsider a potential project. Periodic updates will be provided to the city council as more information is available. On February 27th the city council and Planning Commission held a joint meeting to consider an annexation petition and single-family residential concept development plan for approximately 20 acre 28 acres of land located off of Stagecoach Trail just north of inspiration and south of the fire department in Baytown. Over the next few months the developer developer will be working to address several of the outstanding items outlined in the staff [1:15:55] **Sara Taylor:** report and or cited at the meeting before the city will initiate a formal consideration of the annexation or accept any zoning or subdivision applications for development. A formal application is not expected from the developer until late spring or early summer. The Excel Energy community outreach stakeholder meeting was held on February 23rd and focused on regulatory requirements associated with decommissioning of the plant and historical remediation efforts on similar Excel Energy coal sites and plants. The next meeting has been scheduled for May 8th and will include a tour of the existing plant and potential Redevelopment site. And I was able to find out that the library grand opening event is scheduled for April 21st from 7 [1:16:40] **Sara Taylor:** to 9 for adults and April 26 from 3:30 to 5:30 for families and children. **Mayor Michele Hanson:** Perfect questions? **Councilmember Doll:** You're welcome. I would just encourage anybody I had the opportunity to work in the King plant electrician oh probably 15 maybe 20 years ago it's pretty fascinating place to visit. So anybody that has an opportunity I highly highly recommend it and learn what we take for granted and what goes into it is pretty mind-boggling. **Mayor Michele Hanson:** I had a tour years ago I can't remember why it was through the city council but now in May the next meeting for that is a tour of the plan for anyone that's on that [1:17:27] **Mayor Michele Hanson:** stakeholders group. So yeah all right uh let's see city council items and announcements—I'm gonna just do more talking I guess. Oh Matt oh I forgot my... forgot about you Matt. **Matt Kline:** Call on yourself. [Laughter] I don't have too much hold up it's just Madame Mayor members of the council. Um just to go through a couple things: I want to thank the Public Works Department they've been doing a great job kind of in my absence I'm keeping up with snow plow events uh and different items like that. They even got a portion of the Public Works building painted so—and and that hadn't been done in like 15 years. **Mayor Michele Hanson:** Nice. **Matt Kline:** Um we are working towards leading [1:18:13] **Matt Kline:** Captain lead and copper inventory. We've talked about that several times over the past uh probably a year we've started collecting some information so if residents um see a orange door knocker on their door it's the Public Works Department trying to essentially get in and see what the material is where your water line comes in. What we're really interested in is how many places have copper plastic or galvanized um and depending on how our system tests for lead and copper then will be required to at some point replace those galvanized lines. The city of Bayport does not have a high amount—in fact there's no full lines of lead in Bayport [1:18:58] **Matt Kline:** there might be some just short connectors because they're they use that with the galvanized lines. So the financial management plan we talked about that today at the workshop—staff has been making slow progress on getting that RFP out. It still is the intent to try and get it here in time for the 2024 budget and get that finalized and so we'll be trying hard to make that happen. Um City staff met with SEH to do essentially Cemetery GIS mapping. Right now we have a paper copy that we use to identify where people are in the cemetery. The hope would be that at some point in the near future that we would [1:19:45] **Matt Kline:** offer this service online where you could actually search for people that you knew in the cemetery rather than having to call us up or and then be able to essentially locate it which will be nice. Um City staff has been asking for this for like since I had GIS Master looks very exciting. **Mayor Michele Hanson:** I'm very excited it's really cool. **Matt Kline:** Um the I had a meeting with um reps from the that are doing the—from Washington County that are coordinating the essentially study and recommendation on the mid middle Saint Croix Valley Regional Trail. Um unfortunately it's their plan is to no longer run it through downtown Bayport—that was one of the options. [1:20:31] **Matt Kline:** Um from a feasibility standpoint and yeah is uh whatever from feasibility standpoint running it along Stagecoach Trail is is a better option from what they came up with. Whether we agree with them or not they did say that um essentially they will support us in any way that they can to try and make connector trails essentially. So if that concludes somehow making a loop connection from where we talked about behind the warden's house and up Fifth Avenue or even potentially through the Barker's Alps Trail and through this new development that we're potentially having that we can somehow create loops to the main trail. [1:21:18] **Matt Kline:** Now again this is only a planning process and it's the recommended stretch there's no timeline on when the actual Regional Trail would get built so um and then finally Street Maintenance. The city engineer myself will be going to complete a rating study essentially here in the next probably two months. We do that we complete that about every three years and it just gives us a rough idea what the conditions of our streets in: do they need a seal coat do they need a reconstruct rather soon? And essentially we put together a huge Excel spreadsheet that outlines the rating and future maintenance needs. So [1:22:05] **Matt Kline:** with that I'll stand for questions. **Mayor Michele Hanson:** You've been busy! **Matt Kline:** Yes. **Mayor Michele Hanson:** Yeah shout out to the staff at public works for managing on their own pretty much and all the plowing they've been doing it's uh and uh great. I think that I know there's some roads that are really hard that like my alley for example on the south end is I was going to have ice on it in the winter just because it's too shady but um they came and helped make it less. I've only fallen twice. [Laughter] Bruising. All right so now I guess we're on to city council items and announcements. [1:22:50] **Mayor Michele Hanson:** Does anyone else have anything they want to add before I read um a statement? Anything that you didn't mention before? Okay. All right so the council does know that I'm going to read this statement and it's... all right. Uh I want to express my disappointment with the discussion at the February 28th Oak Park Heights city council meeting relative to the fire department's service agreement that Bayport has with their City, Baytown Township, and West Lakeland Township. Contrary to how Bayport was portrayed at that meeting and in the related staff memo and resolution our city staff and Council have consistently expressed an interest in working together to protect [1:23:36] **Mayor Michele Hanson:** the future welfare of the partners. Specifically on November 10th 2021 representatives from all four parties met at the seven year service agreement review meeting. At that time all the partners were in agreement that protecting the long-term viability of the Bayport fire department was a priority and pledged to develop review and support remedies to address both long-term and short-term funding shortfalls. To help Advance the process of reimagining the contract Bayport not only followed up after that meeting meeting with budgetary information that had been requested by Oak Park Heights but subsequently sought to arrange follow-up meetings to collaborate on potential Solutions. Instead of agreeing to a follow-up meeting the Oak Park Heights subcommittee members sent us a letter on [1:24:23] **Mayor Michele Hanson:** May 13 2022 making two requests. The first request was that we provide a written proposal outlining our suggestions for remedying the situation. Of course we'd originally hope that all parties would work together to find a solution but we understood the benefit of having a starting point for discussion so our city staff worked diligently crunching numbers and reviewing scenarios to come up with a proposal for review. The final proposal sent to all Partners on February 14 2023 suggested thoughtful and fair amendments to the current agreement to deal with existing funding shortfalls. The proposal also suggested that a review board be formed to agree upon which Partners individual annual budget allocations—I'm sorry—each partner's [1:25:09] **Mayor Michele Hanson:** individual annual budget allocations to help plan for future equipment purchases and potential future Staffing costs. Again this was a proposal designed to launch further discussions—nothing about this document was Final nor was it presented as such. In fact the proposal literally ended with quote "We respectfully offer this proposal as a starting point from which we can mutually develop a more detailed plan" end quote. The second request from the Oak Park Heights subcommittee was that we indicate whether we were willing to discuss alternative long-term fire service options including hiring a consultant. To this we responded in our proposal that we would be willing to discuss hiring a consultant but believe that [1:25:54] **Mayor Michele Hanson:** prior to any of us making such a substantial investment it would be beneficial for each partner to conduct its own preliminary due diligence to evaluate alternative options for discussion. Again this was a proposal—a starting point to get everyone to the table because it's clear that planning is necessary to avoid an unquestionable cost explosion when the current contract ends. As always we believe our communities are stronger together than apart. I'm confident that all the partners would agree and I look forward to working in collaboration to find the best solution for all whether that is with or without a consultant. Just that's it. Anyone else have anything they want to add or say that's related [1:26:41] **Mayor Michele Hanson:** or not related to that topic? All right I guess I have a motion to adjourn. **Councilmember Carlson:** I will make the motion to adjourn. **Mayor Michele Hanson:** Thanks Connie. **Katie Hill:** I second. **Mayor Michele Hanson:** Thanks Katie. All those in favor? **Councilmembers:** Aye. **Mayor Michele Hanson:** All right you want to post all right yeah.