Here is the townhall transcript with speaker names added based on the context provided and the dialogue within the recording. [7:27] **Mayor Michele Hanson**: to call to order the June 5th 2023 Bayport city council meeting let's all um stand for the Pledge of Allegiance 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 right okay you want to do the Roll Call [Music] councilmember Carlson here councilmember doll present councilmember Gilmore here councilmember Hill here mayor Hanson [8:13] **Mayor Michele Hanson**: here okay so first item is to approve the agenda has anyone has any changes do we have a motion to approve and move to approve the agenda as presented **Councilmember Katie Hill**: it's Katie **Mayor Michele Hanson**: a second **Deputy Mayor Ethan Gilmore**: Ethan **Mayor Michele Hanson**: all right um oh almost in favor anyone opposed all right agenda's approved um next is the proclamations accommodations petitions and announcements the May recycling award recipient is Kevin Hallen at 349 Third Avenue South and we would also like to recognize Dan and kit Ridgeway and Dan and Jenny [8:59] **Mayor Michele Hanson**: Pauline they volunteered to do landscaping and garden maintenance for our city grounds and they've been doing it for years and it's beautiful and I want to make sure that they get thanked properly for all the work that they do and what we're going to do when they stop [9:19] **Mayor Michele Hanson**: and then one other announcement that isn't on the agenda we just at our Workshop prior to this meeting decided to finalize a date for a public forum regarding the school relocation it'll be held on June 21st at six o'clock P.M at the library and I believe it's called like Upper Room St Croix room or something whatever the big meeting room is so hopefully people can come to that and get more information and voice any opinions or questions that they have about that so we can get a feel for how everyone's thinking all right so next up is the open Forum this is a portion of the meeting to address the city council on subjects that are not part of the meeting agenda the city council may take action or [10:07] **Mayor Michele Hanson**: reply at the time of the statement or may give direction to staff regarding investigation of comments expressed total of 15 minutes is allotted for public comment during the open forum and we do have one guest from the youth Service Bureau that is on the actual agenda oh there he is uh this is Mike Huntley you want to introduce yourself **Michael Huntley**: yes uh good evening mayor council members and residents of Bayport my name is Michael Huntley I'm the executive director of the youth Service Bureau and I've been with the organization since 1989 and I'm still with it because I love what we do and the service that we provide for the community I'm going to speak with you a little bit tonight about those services [10:53] **Michael Huntley**: um we receive support from the city of Bayport and that is something we appreciate very much in fact that support is necessary for the success of our organization some of you might be familiar with youth Service Bureau and for others this might be new information ysb is a 501 C3 non-profit and we've been operating in the area since 1977. [11:22] **Michael Huntley**: and we have three offices one in Stillwater one in Woodbury and one down in Cottage Grove it's all one organization we provide the services from those three locations and What Makes Us unique is we provide a variety of early intervention and Prevention Services for Youth and families we're the only organization in the area that works exclusively with youth and families doing that early intervention work our services include diversion family counseling chemical health supports in the schools Youth and Family education and the newest program that we started about eight years ago a military family [12:09] **Michael Huntley**: support program we have strong Partnerships with the local schools and with law enforcement and that's where we get many of our referrals to work with young people the financial support that we request and receive helps keep our fees very affordable so that families can access our services we have a generous sliding fee scale and we also provide interpreters at no cost to the families when that's needed in 2022 we served 904 unduplicated Youth and I'll explain that in just a minute and we delivered 4529 hours of direct service to those [12:57] **Michael Huntley**: youth that number does not include the public speaking presentations that we do where we know in 2022 we presented to over 4 500 participants most of those were students in school settings where we do educational presentations here in Bayport we know that we served at least 19 youth that are residents of Bayport and delivered 134 hours of direct service to those youth there may be more sometimes people aren't exactly sure where they live we try and keep accurate records with that but a lot of people just kind of say Stillwater and we do our best to track where do [13:44] **Michael Huntley**: families actually reside 2022 was a challenging year for our organization like many we were also impacted by the great resignation so there were periods of time during the year we were operating short staffed um we still have a couple positions that we're trying to fill but most of the positions have been refilled which is good news and despite being short staffed we continue to produce impressive results the quality of our service remains solid and the staff are working hard an example of some of those outcomes and I'll be brief 90 of the youth who come through our diversion services do not [14:30] **Michael Huntley**: get re-involved with law enforcement for at least a year after they complete the services um that's we're pretty proud of that that's a good uh success number in our counseling department we do follow-up contacts with families about six months after a family starts services and 73 percent of parents say that the situation that brought their family in for counseling was either resolved or made manageable in those six months that's another nice number it used to be higher and I think what was happening is we're seeing more complicated situations and we're taking parents self-report and as things get a [15:18] **Michael Huntley**: little more complicated that success number drops just a little bit we used to be in the 80s um and back to the 80s about 86 percent of Youth who come through our school-based chemical health support services show an increased resilience towards not using drugs so we're proud of that too especially nowadays with the easy access to drugs and other chemicals we are asking the city of Bayport for sixteen hundred dollars in support of our services in the area and we appreciate your support and partnership as we work to improve the lives of Youth and Families [16:04] **Michael Huntley**: we have a organizational website it's real easy it's www .yesb.net and if you go there you can find lots more information are there any questions that I can respond to in my time frame tonight **Mayor Michele Hanson**: hello no questions by chance not to put anyone on the spot but anyone anyone have a question about any service bureau all right okay well thank you very much for your time I know you have a busy yeah busy night very popular tonight thank you for uh allowing me to speak with you and make this request **Michael Huntley**: thank you for coming yeah [16:50] **Mayor Michele Hanson**: um the request is not on our agenda anywhere so uh **City Administrator Matt Kline**: metamere we actually budget for some of these items um including Community thread and youth service viewer in the regular budget so let's just line item on the regular budget **Mayor Michele Hanson**: okay gotcha thank you for sharing all the information with us yeah all right you're welcome to leave don't feel like you gotta stick around okay all right next is the consent agenda we're going to consider resolution adopting items one through eight um the May 1st oh whoops I forgot is anyone else here to talk about something that's not on our agenda [17:35] **Brennan Swanson**: I was leaving though I'm sorry thank you I'm like totally skipped right past that I wrote this on my uh bongs I'm not very good at public speaking I I'm the same way we are uh the Swansons just here to introduce ourselves um my name is Brennan Swanson some of you guys already know me this is my daughter Lenny and my wife Kylie um just like I said here to introduce ourselves we recently purchased the old Jr transmission repair shop at 397 Fifth Avenue North or the old Shell gas station my wife and I have been married for 12 years our daughter just turned three um we both grew up in Stillwater and attended Stillwater area high school together where we first met and started [18:20] **Brennan Swanson**: dating I'm a retired professional athlete from the U.S sea and Snowboard team where I traveled all over the world we're dedicated to the Saint Croix River Valley and chose to stay planted here and raise a family and have a successful family business my wife and I have always loved the old Shell gas station in town we do not plan to change the character of the property other than clean it up and maintain its history as an old gas station we intend to continue its use as a auto repair and sales the most important part of owning the property is to be a part of the community and a great neighbor to the other businesses in the neighborhood we have hired professional Consultants to help ensure that we work properly with the city's regulations and [19:06] **Brennan Swanson**: communicate smoothly and efficiently with the city staff thank you and we look forward to being a part of Bayport and a business owner in the town **Mayor Michele Hanson**: welcome thanks for coming yeah [Applause] all right so anyone else I you know not stop there if anyone else wants to come up and speak about anything that's not on the agenda you're all here for agenda items okay all right now we'll move on to the consent agenda um we're going to consider resolution adopting items one through eight the May 1st 2023 city council Workshop minutes the May 1st 2023 city council regular meeting minutes May payables and receipts May building Plumbing mechanical and [19:52] **Mayor Michele Hanson**: Zoning permits report renewal of building inspection service agreement with Min spec an award quote for the 2023 seal coat project award the quote for storm damage tree services and the number eight is application for on sale Sunday and off sale liquor licenses from Belle's kitchen LLC for operations at 193 3rd Street North which is NJ not just a bar all right they're here they're here someone's here okay um so do I have a motion to approve the consent agenda **Councilmember Connie Doll**: I'll make a motion approving the consent agenda items one through eight thank you Connie **Mayor Michele Hanson**: thank you **Deputy Mayor Ethan Gilmore**: Ethan [20:39] **Mayor Michele Hanson**: all right can we have a roll call **Staff**: councilmember Carlson aye councilmember doll aye council member Gilmore aye council member Hill aye mayor Hanson aye **Mayor Michele Hanson**: all right apologize so now we have a public hearing which I don't think for that either but um so the public hearing is to an overview of the city's municipal separate storm sewer system ms4 program materials and annual report and Matt's going to present this thank you man **City Administrator Matt Kline**: mayor members of the council um on March 16 2017 the mpca Minnesota Pollution Control agency um issued a general permit for the city [21:26] **City Administrator Matt Kline**: to uh essentially discharge storm water under a municipal separate storm water sewer system um what the ultimate goal for that is to reduce storm water pollution to the Saint Prairie River um and a big part of that is the reason that usually cities under 5 000 are not required for this at this time but due to our proximity to the Saint Croix River um we are designated as required um a portion of that permit is to create a storm water pollution prevention plan um essentially It's a combination of best management practices and standing operating procedures including education [22:13] **City Administrator Matt Kline**: maintenance control technique system design and Engineering methods that are all related to storm water runoff um the permit requires this in that short for swep um uh so the permit requires to uh or consists of essentially six minimum control measures this includes public education and Outreach essentially the city distributes educational material regarding storm water public participation involvement this annual public meeting fulfills the requirements for that then there's an illicit discharge detection and an elimination program make sure things such as [23:01] **City Administrator Matt Kline**: oil um or illegal substances aren't being dumped into the center or the storm water system there's also construction site stormwater management post construction storm water management and Municipal operations best management practice and standard procedures manual um this year well the permit was actually reissued in 2020 with enforcement for additional items starting in 2022 this has included storm water volume control requirements Bayport had already adopted mids which is minimal impact design standards which they were far ahead of the curve [23:49] **City Administrator Matt Kline**: from other entities in the state and that has to do with controlling storm water from developments road projects different items like that the update also included chloride bacteria and temperature total max daily loads that were created by they were required for reduction luckily neither the Saint Croix River nor Peril Creek are listed as impaired for these um but based on some data that I've seen bacteria and chloride are definitely rising in both the Saint Croix and pero Creek and they may be impaired in the near future the consequences of that are [24:34] **City Administrator Matt Kline**: essentially increased regulations on the city and residents um another item for the general permit was the additional education for salt use and pet waste essentially Bayport already had a pet waste ordinance in place and we have had already provided salt education through our newsletter for a number of years finally there was also new regulations related to Salt storage luckily Bayport only has one salt storage area for winter operations and that's the city facility which is already covered in met regulations that were imposed normally there's an [25:21] **City Administrator Matt Kline**: annual report that's also included with this public hearing to be compliant with the permit however the mpca is currently revamping their entire system and the annual report will actually be due next year so we'll have to do two annual reports next year um there is no formal action that's required we just need to allow anybody from the public to either ask questions about it or inquire if there are any questions related to our ms4 permit okay does the council have any questions before we or do we have to do public hearing first **Mayor Michele Hanson**: there's no public yet we just sorry madam mayor we just call [26:06] **Mayor Michele Hanson**: it a public hearing because that's kind of how it's listed for ms4 permit it's not a formal publisher because it says I can ask anyone I should ask anyone to provide comment if they want to yep okay anyone want to talk about the ms4 [26:27] **Mayor Michele Hanson**: so no actions required nope that's where it is comments from the council anyone have any questions or anything okay all right there is no unfinished business so our next new business our first new business item is considering a variance appeal of resolution 23-06 for 317 Lake Street South and our attorney our new attorney Eric Larson will be presenting this dress **Eric Larson (City Attorney)**: great thank you madam mayor council members residents of the city of Bayport um I understand that this is actually one of the rare and few uh times that there's actually been an appeal under the Bayport city code of variance Grant [27:14] **Eric Larson (City Attorney)**: um and in this case we do have an appeal that is before this particular body to kind of set the stage and thanks for the city administrator for putting together the uh bringing up the the PowerPoint that uh I I put together it's just seven slides and in light of the fact that the record is actually fairly complete and uh is before uh this particular body in that uh the north Edition variants had been before the city council on February 6th and then the East Edition variants which is the subject of this particular appeal was before this body on March 6th there's really no reason to go back through that particular record and the [28:00] **Eric Larson (City Attorney)**: record for March 6 to the present is actually a fairly uh discrete and and simple and that's what I want to really just kind of highlight on the standard for an appeal for anybody is essentially take a look at this decision that it's made and then the appellant has to show that there's that's to show that there's either been an error in that decision or provide additional information to essentially for this body to reconsider so with that uh Matt if you could go to the next slide I'd appreciate it I wanted to kind of just reset the stage a little bit if I could this is the survey that was dated December 1st of uh 2022 and really what it shows it's an overview of the subject property and it [28:46] **Eric Larson (City Attorney)**: shows the two variances that we're we're talking about here again it's the north Edition variance which on the slide is in red and is just west of the high uh high water mark and so forth that variance is not under appeal and that is a build out of the existing residents now to to set the stage the residents in this place is what they call substandard and non-conforming and that where it's built and so forth now would not be permitted as far as this current location but because it was built prior to existing ordinances obviously it's what they call a legal non-conforming news under a legal non-conforming news however you cannot have an expansion of [29:32] **Eric Larson (City Attorney)**: that use unless of course you get a variance in this case the jesperson's owning this property uh decided that they needed to or would like to upgrade this particular residence where they live and we see that expansion the bump out there toward the North and this body found that actually that building and that addition there on the North Edition actually made some sense as far as heightening and elevating the use and not having overly and adverse impact upon that particular subject property or the areas but it did impose some conditions and the idea behind a condition is to as much as possible make sure that when you expand non-conformities you're also looking at Contracting so you're not overall enlarging what is otherwise prohibited [30:19] **Eric Larson (City Attorney)**: you want to try to essentially keep that prohibition or that expansion down or if any particularly lesson um that brings us to the east Edition and we could go to the next slide and the reason why I had to go to the next slide is because it's not really showing on the survey the East Edition is on the east side and what it is doing is it's expanding on the third floor and it's expanding that living space in the third floor so it's uh expanding that living's face and building more towards the the river so again we're talking about an expansion of a non-conformity within the residence itself and it's bringing that structure and bring it even closer to the river again a building of a structure that under current code is prohibited but the primary residents here and looking at [31:05] **Eric Larson (City Attorney)**: expanding it in order to essentially enhance that primary residence and the use of that residence was before this particular body on March 6. again the city council granted that variance but there were a number of conditions one of which and there were many conditions but I want to highlight too that I see are really kind of impacted here one was to decrease the mountain impervious surface within that subject air property area down to 20 percent or less so that you actually have more saturation in the soil rather than runoff when you have any particular rain event and so forth the other one was the removal of The Boathouse Boathouse is an accessory ancillary structure that had been there for for many decades and very close to [31:52] **Eric Larson (City Attorney)**: the river um and and the idea is is that is also a non-conforming use uh ostensibly illegal not performing use and for purposes of this we'll just presume it is a legal non-conforming news the idea behind the council there is is well if you're going to expand a current non-conformity that being the principal residence then in order to again make sure that you do not have an overall expansion of non-conformities on the subject property let's see what we can do as far as reducing other non-conformities in this case you have an ancillary structure that's very close to the river remove that so that was the condition we could go to the next slide Matt now under city code a party can appeal a decision of the [32:39] **Eric Larson (City Attorney)**: city council in this case on April 4th of 2023 the just persons through their attorneys did appeal the East Edition variants specifically they wanted to keep a Boathouse in so they wanted to have the benefits of this expansion of the east east Edition for their primary residence but also and I understand this also keep The Boathouse because that's a nice amenity itself Boathouse and substantial disrepair nearly falling apart but they wanted to explore the idea of being able to restore it and rebuild it back up to code and restore it to its historical condition that was a statement that jespersons had made to this body on March 6 and this body had given the Jeffersons 45 days to provide [33:25] **Eric Larson (City Attorney)**: some additional information to the city about the historical relevance and condition and nature of this particular Boathouse and show how it can be restored so that it was in concert with the primary residents but also did not further create additional expansions and non-conformities and would not uh um you know exacerbate the other non-conformities or put some pressures on the conditions already in place rather than do that however on April 4th their attorneys argued that as a matter of law The Boathouse removal condition was unlawful and therefore could not be a condition on that particular variance I as the Bayport City attorney looked at it and found that essentially those [34:11] **Eric Larson (City Attorney)**: arguments are an error we could go to the next slide the arguments were twofold and that is under 462.357 this is legal speak for you right that is not Conformity to law and not Conformity law basically says that if it's legal non-conformity a property owner can keep it and rightfully so and they can repair it they can maintain it and they can replace it but they cannot expand it so the lawyer argument is as well The Jeffersons are able to keep it and that is true they are if they do not want the benefits of the East variance expansion so if you don't want to expand pursuant to your East Edition application then you can keep [34:57] **Eric Larson (City Attorney)**: the boathouse and look at essentially restoring and bring it up to code or in order to essentially make sure you do not have an increase of non-conformities and non-permitted otherwise non-permitted use on your property this uh body said no you need to remove it so as a matter of law the condition to remove that Boathouse was not unlawful um the other argument was is that under Minnesota statute that if the city does have the ability to regulate IRA requiring the removal of The Boathouse in return to having the grant to the variants well that constitutes a taking of their property entitling the jespersons to just compensation again for the same reasons it is not a taking [35:44] **Eric Larson (City Attorney)**: Jasper students have a choice you can keep the boathouse as is just like the prior property owners were able to and just as they would be able to if they were not seeking the variants or you can go ahead and remove this non-conformity in order to have an expanded non-conformity on your primary residence so as a matter of law this body rightfully made the decision and had the lawful decision that it could make as far as the condition to remove the boat house for the grant of the East Edition variants if we can go to the next slide foreign so this brings me to what we have as far as the current record today from March 6 to June 5th and that is what is the [36:29] **Eric Larson (City Attorney)**: record to support that essentially The Boathouse uh should his historical can be uh essentially restored in conformance to the floodplain ordinance in conformist to the Riverway ordinance does have historical bases and yet would not do a disservice to either of those ordinances it would not unduly expand the existing structures or use on that property and this is what had been provided by The Jeffersons and that is is that they have reduced the impervious surface down to less than 20 percent or at least that's what it appears to to show great but that was a condition separate and apart from The Boathouse itself in order to have the East variants Grant to begin with you had to [37:16] **Eric Larson (City Attorney)**: reduce the impervious Services less than 20 percent so that by itself is not a a factual record in support of keeping The Boathouse so the second is actually the addition of another structure within the ordinary high water mark area well anytime you have an addition of another structure it may be possible for that property owner just like the north Edition or the East Edition to get a variance and have that structure in place for your property but by showing the addition of a deck off to to the side within the ordinary high water mark That's not right there existing today well that's a whole new variance process that The Jeffersons would have to go to that's not the issue that's before this [38:04] **Eric Larson (City Attorney)**: particular body and by presenting a schematic that shows the addition of another non-conformity another structure that is otherwise prohibited within the floodplain area that certainly is a matter of law or as a matter of fact doesn't support keeping The Boathouse which brings me to the next slide now I want to be clear that what I've set forth here is essentially the legal standards and the legal record for this body to decide I have however am not dictating whatsoever as a matter of law that this body has to make one decision or the other that discretion is for you all I do is set forth the parameters and I set forth essentially what the legal process is this body had asked for evidence with [38:51] **Eric Larson (City Attorney)**: respect to the historical nature and facts to support that this Boathouse should stay in place and would not do a disservice to the subject property of the communities and the Neighbors in light of the various ordinances we have discussed you can deny their appeal which basically keeps your March 6 2023 variants in place without any Amendment whatsoever in other words you're reaffirming your March 6 2023 you can grant their variance appeal and their variance appeal uh The Jeffersons appeal is is that they would like to have deleted that Boathouse removal condition at which point they get their appeal and they get to keep the boat house as well as the East Edition [39:39] **Eric Larson (City Attorney)**: variants as well or what we're as the City attorney advising or recommending is that you grant in part and you deny in part and by granting apart what you're doing is you are granting their appeal with respect to The Boathouse but only that phrase because there was a phrase that within the conditions that said The Boathouse had to be removed regardless of their build out of the East Edition let's make this clear they have a choice the jespersons have a choice the East Edition build out or don't do the build Out and Keep The Boathouse those are your your your two options and it was pretty clear on the record that really that's what was being said by this body [40:25] **Eric Larson (City Attorney)**: but then of course denying the rest of their appeal so that is our recommendation with respect to the Third with that I thank you for your time and attention and I yield the floor one last thing I I apologize I had been contacted this afternoon by Jefferson's attorney part of the process is is that the jaspersins were to have five minutes to also present Jasper since attorneys asked for greater leave and I think it's important that they feel like they've had a fair opportunity to be heard by this body and so I've informed uh that I think that's appropriate just along as Jessica Simpsons understand that they need to be focused and that we do need [41:10] **Eric Larson (City Attorney)**: to be sensitive to the other aspects of that's on the agenda and so forth and I've been informed that they would keep it less than 10 minutes once they've had that presentation I've also made it clear that that does not cover questions and answer period so after the chespersons have made their presentations of course this body can engage in any questions and answers that they would like it would not impact of course any of their time allocations thank you very much **Mayor Michele Hanson**: thank you um so now is the time for the just persons to State their case they have correct we had allotted five minutes originally but and he was going to work real hard to keep it to five but um he needs ten allow that [42:01] **Nathan Jesperson**: drink some coffee and wine just how many times did Sarah hear this Spiel no four okay all right that's four minutes oh wow I think she's like moving away You're gonna be like kind of push that or we won't understand it okay does the tech time count in my let's start when you start setup does not count a lot of connections she looks like the right one fingers [42:48] **Nathan Jesperson**: what happens next John can we get the overhead please and you should probably start by stating your name and addresses for the record right [43:16] **Nathan Jesperson**: thank you [43:32] **Nathan Jesperson**: I'm Nathan jesperson so we want to go oh there we go there you are there's our address right there okay let's try [43:44] **Nathan Jesperson**: that works oh it's gonna work great but we'll work with it okay guys uh thank you again for meeting with me giving me a chance to prove my legal right to to keep this boat house um that's my button right there okay uh I'm gonna be moving that in and out just like that uh first off this last meeting that we were at um when we got approved for our variance mayor Hanson uh and the council agreed to a 45-day period to allow us to consider The Boathouse um this is her Mary Hanson's exact amended motion and I just want to [44:30] **Nathan Jesperson**: clarify for the record here that um it was a couple things it was historical significance and some other reason that it would be left that is The Boathouse um so you know the cow the council tasked me with providing this historical significance or some other reason within those 45 days and you know it's our belief that we did present this um with these two right here um the The Boathouse is you know actually I won't you guys have seen the legal documents here so I don't think I need to repeat that I think for for sake of time I don't want to get bogged down in the legal arguments of this discussion today and um uh you know essentially I have my attorney here uh who can answer some questions if if you guys want to ask him uh anything he's ready to go [45:18] **Nathan Jesperson**: um I feel like this is not a super complicated matter um you know this Boathouse has been here for generations and long before the ordinance was in place the law is clear that you can't condition a variance on the removal of a non-conforming structure so the codes really I feel like are pretty clear on that I don't have to reiterate too much I just want to to share here and just to confirm that this is a picture of The Boathouse in 1967. [45:46] **Nathan Jesperson**: um my neighbor was actually to come up with it uh got it today which is pretty cool so is she here it's a big win um so just to just to kind of show that it was here um and uh just to hear to show those here um there are plenty of people in the neighborhood that can can you know that still live in Bayport that can also attest to this boat house being around um well before it in fact I think it's been for over 60 years uh there's just another picture of it here so you can see the date at the top there just for confirmation um these are actually pictures of The Boathouse uh the city actually put a bunch of them together but this is 1967 1988 all the way to 2014. [46:35] **Nathan Jesperson**: um and it's in different levels of condition it looks very different from 67 as it does today and through the process it's been changed the city of Bayport doesn't have a historical committee uh like many cities and so we don't have the ability to go I think to to any sort of historical body but I feel like requiring its removal is the exact opposite of what I think Bayport is about and I'll say that you know one of the things that I love about Bayport and one of the reasons why we moved here is that it's not perfect you know it it doesn't appear to be trying to keep up with the Joneses around here and I think that's a good thing it feels like home um and uh as a city I think we need to work to protect and preserve structures like this and respect our history [47:22] **Nathan Jesperson**: and you guys know me I've been in front of you several times now probably more times than you probably want and uh I'm committed to Bayport and I'm committed to caring for the land in the Riverway uh responsibly I'm gonna handle the repair of this Boathouse of this historical Boathouse um with care as I'm entitled to by the law um one of the things I want to share with you is that I did get an appraisal boat house is very hard to give an appraisal on a boat house but um I'm going to hand out I just have it here for [47:59] **Nathan Jesperson**: um my appraiser basically used sales of homes with and without boathouses had two different methods one was a bigger group method and one was more focused the second one was more focused on where we are on the river in Saint Croix so over the last 12 months of sales and so um these These are the rough valuations I don't know if it's an exact evaluation of what it is but it's a good rough evaluation and you'll see the breakdown there the bid to repair The Boathouse is 8 900 and so that percentage of value is 28 keeping it under the 50 of value to repair it and again this is this is as it stands as it currently is so the value of The Boathouse may also go up upon repair um [48:45] **Nathan Jesperson**: the question mark and Eric brought this up as well um was about the conditions and and we did provide a landscape plan and part of that was because the council I know Ethan and John you guys were kind of curious about what it was going to look like because there's more to this this project than just the house and so what we wanted to do was um we wanted to show you guys what we're what we're working on to make this work and our objectives that were clear I felt like you guys told us to be like look we want you to reduce it to under 20 percent I want you to add native vegetations get the rain Garden add trees spring a lot reduce the overall visual footprint from the Riverway while matania safe floodplain um you know the the city has asked me to accomplish at least these three plus the [49:31] **Nathan Jesperson**: boat house at this point um and uh there are dozens of ways to accomplish that this honestly I it was very very hard to think through them all one of the things that's important to note though is that you can't just dive into 12 different ways of doing this you have to dive into one at a time and when you're working with designers because I hire a designer you you have to kind of just pick and one of the things and I know Matt and Sarah are very busy but they didn't want to meet to I asked several times to meet with them and they didn't want to meet to go over these options and so that just made it really hard for me to I just had to kind of guess so I put together what I thought was a plan that I thought would be that the DNR would really appreciate and that you guys would appreciate [50:18] **Nathan Jesperson**: so um and and I know that the landscape plan wasn't going to be the final going into this it was just showing you that what we could do um so uh and I will say also at the workshop meeting one thing that Matt did say to me um you know point of clarification is that if you're going to do anything focus on getting it under 20 I'm like okay um that's that's the mission so as Eric already showed here uh this is this was our plan that we kind of put together it doesn't have to be done this way we can do it a lot of different ways if the city will work with me um but I just want to show here some of the key things that we did do um there will be trees framing Lots uh we got eight different bigger trees here lots of native vegetation uh for uh and [51:07] **Nathan Jesperson**: natural cultivar which are really hearty on our Zone this is kind of similar to what that will look like I didn't include that in the packet it's just a general idea of of how the Riverway portion of this property will look when we're done with it I think that's I think that's beautiful and this is what it looks like right now and I I would I'll handily admit this is not fun we didn't think we'd have this house uh anything to be working on this for so long and so I am a bit embarrassed by what our house looks like and it isn't disarray after the After the flood the slower knock here but um this is how we are now and and what working on you can see all the circles of the things that we're going to remove and this is what it's going to look like after we're done just to give you some idea of how we're how we're changing the [51:54] **Nathan Jesperson**: look of this Frontage this is bringing The Boathouse back to its original look in fact I have a photo here that I pulled this from this is the new house it's a darker look here in fact I'll just show the comparison so you guys can see the two so where we are now you can see all the all the native vegetation the trees on the side and just uh finally this is a picture which I scooch this over here well right there this is a picture from 1991. really like this one because it shows The Boathouse in a in a really good condition a couple docks lots of big docks uh back then with with roofs on them but you can see that berm right [52:40] **Nathan Jesperson**: there is all grass what it looks like currently what it's what it's gotten to and what we plan to bring it to uh once it's all said and done bringing that Boathouse back to where it was so um yeah in conclusion um I guess what I've asked for you guys is to please remove that Boathouse condition uh to my variants with the stipulation that you know the boat house must be repaired within six to 12 months whatever your timeline is happy to go after it when we're doing a project on the house thanks again for your time should I say safer questions um you could only reader unless you're tired of standing no I'm not I'm not tired at all all right [53:26] **Mayor Michele Hanson**: um Council who has some questions or comments that they want to make Ethan you got something I can tell okay you're thinking about something **Deputy Mayor Ethan Gilmore**: you know uh I know we put the stipulation in there the more I think about it you guys are obviously doing something to improve the property um it's I don't know I kind of struggle with it but I'm at this point I feel like I'm someone okay leaving or taking taking the taking it out and letting The Boathouse stand but I'm only one person so that's just my opinion **Mayor Michele Hanson**: Connie [54:15] **Councilmember Connie Doll**: yeah do you have more questions I don't really have any questions I just I'm getting the feeling that this um they're working so hard to keep this full house they [Music] just tearing me and I don't feel very good tonight so I'm not thinking straight um no I don't really have any questions for you um I guess I was wondering the attorney if I guess what our attorney is saying I'm wondering what their attorney has different to say that's okay if he comes up [54:53] **Attorney Stein (Representing Jesperson)**: yeah thank you madam mayor members of the council thank you um you know I would I preface it with if Eric and I agreed on everything I don't think either of us would have a job so uh but we are we obviously do disagree uh on the validity of the condition uh the statute is is pretty clear uh we understand uh what what he's saying but the statute is clear that conditioning any approval any structure is a taking so the next step would would obviously be a demand for a demand for payment unfortunately we don't want to go there right um if if ultimately this stays but I think you [55:39] **Attorney Stein**: know Nathan has demonstrated that he wants to do this right and I know that we we got there was a little bit of a miscommunication on the intent you know the intent is to just repair this it's not going to build a you know a little Garage Mahal down by the water this is just to repair it in kind in accordance with the statute and and we believe very strongly that that is allowed under state law and we know that the contractor is able to uh to fulfill that so we would we would love to remove this condition and if you would replace it with a condition that says as Nathan said uh we repair it within 12 months then I think they're they've demonstrated that they're committed to being able to get that [56:26] **Attorney Stein**: and of course we would work very closely with staff on a design that doesn't require additional variances or if they do because of the proximity to the water then we would deal with that separately but again that plan is intended to demonstrate that they're willing to find a way to make this work to beautify the project to retain this structure and to ultimately drop below that 20 percent thank you **Mayor Michele Hanson**: John thoughts questions [57:11] **Councilmember Orin Kipp**: um uh Mr Larson um I want to be clear what your recommendation was with your three you boiled it down to three options for us could you talk maybe for a minute or two and just clear those up for me again **Eric Larson (City Attorney)**: sure I first want to respond to attorney Stein so I I want to be clear on this point is we diamatically disagree absolutely with the the law and I wanted to make it very clear to this body that um I serve the interests of the city of uh of Bayport the last thing I want to do is put this scene in any type of legal Jeopardy or put it into a takings claim that you know has some feat and Merit to it at least substantial Merit there's [57:57] **Eric Larson (City Attorney)**: always you can always have some arguments here so I don't want to overly diminish his legal Acumen so I wanted to be really clear that this body you make the decisions and if you want to reconsider and Grant the appeal and keep The Boathouse that's within your discretion and I also want to make it clear though that the record was very strong as a matter of Law and fact with respect to the decision I'm made on March 6th but if you want to remove that Boathouse condition that is within your discretion so that is the first one is where your um you know or one of them is where you're granting their appeal and their appeal was pretty clear you did have that one month I strike that one year not one month what one year [58:44] **Eric Larson (City Attorney)**: time frame in order to essentially uh you know restore The Boathouse but also eliminate that as a condition the other one is to deny their appeal and by denying the appeal you're denying everything that is set forth in their appeal and you're just reaffirming your earlier decision now the last one is where there was the record wasn't too clear and I really wanted to just try to clear up that record so that was the attorney recommendation where you're denying in part uh in your granting in part so what you're granting in part is really that taking that phrase out and saying you can keep the boathouse you just can't have the East Edition that you wanted [59:33] **Eric Larson (City Attorney)**: um so making that March 6 Grant clear because it wasn't as clear as uh I would have liked it as far as just position now if you want to have something in between where all of a sudden you're going to Grant and leave The Boathouse in place but think that you want to impose other conditions you can certainly do that but that's where that goes beyond my legal ability to forecast and mind read for you you could also just simply say okay we're going to Grant the appeal and you can keep the boathouse a council member is that sufficient clarification **Councilmember Orin Kipp**: that's very helpful um one of the things nobody's mentioned yet in this is the March 6th [1:00:18] **Councilmember Orin Kipp**: um email from our building inspector Scott quality in in their um he talks about the buildings roof that has failed and the building is open to the elements the building has no door making it a five-sided box that's subject to up uplift from wind um while shooting is rotted or fallen off so he lists six things here um and he his last sentence is the building is beyond the point beyond the point of repair Rehabilitation doesn't conform to current building codes and appears to be unsafe based on the comments above so I I haven't so we can Grant everything until the cows come home but if there's not [1:01:03] **Councilmember Orin Kipp**: a reasonable way an illegal way to rebuild the structure I don't understand why we would do that **Mayor Michele Hanson**: that is a good question can you clarify that like the repair level do you know how that would work because it is in very um **Eric Larson (City Attorney)**: that gets beyond my ability as far as a building code official and so forth but I it it is fairly clear that we are talking about really a near if not replacement the building code official made it clear that the existing Foundation would have to be replaced in its entirety so all of a sudden you're looking at essentially from a ground up what you would need to [1:01:50] **Eric Larson (City Attorney)**: have as far as footings if any with respect to that Foundation I don't know um and it seems pretty clear based upon what the building official is talking about is essentially a replacement of pretty much all of the current structures you're also going to have to ensure that you're dealing with flood proofing materials since you're in a flood plain that you know is subject to flooding of course we all know that and the Jasper Sims know that as well they're um what they did submit did not establish exactly what those materials were much less the design and the construction with the nature of that construction actually meet current [1:02:36] **Eric Larson (City Attorney)**: current building code for a structure within the floodplain area again that would be a situation where really we're not talking about whether it can be replaced we're talking about how it can be replaced and the costs and and everything that you'd have to do what would you would you have to essentially revisit its current elevation remember back in 2002 the variants were granted in order to essentially raise the elevation of the primary living structure itself um you know and uh so yeah there were a lot of Dynamics there that frankly on The Jeffersons really it would have been nice if they had explored um to show that indeed to retain the historical [1:03:21] **Eric Larson (City Attorney)**: significance of it they have the werewolf all in the understanding what it would take to replace it at the same time um if you remove the condition they still gonna have to meet all those building code requirements and so forth um and as a layperson I think that two-page report of the 8900 estimate is that accurate Maybe probably not for all the reasons I've stated um but okay the burdens on them **Mayor Michele Hanson**: can you elaborate any further on what you know about rebuild versus kind of repair or something like that or is it just not even part of the realm of discussion because [1:04:09] **Mayor Michele Hanson**: it's already non-conforming [1:04:17] **Attorney Stein**: okay yeah I mean from the pictures it looks pretty hopeless for like just being able to you know put on a few extra boards and oh it'll be fine it looks like it needs to be re-done and I agree 8 900 seems really low considering what it costs to put a Pavilion in yeah I've been eating 100 it's really it's that's not our concern well it is yeah and I think I think he was looking at the percentage of like the replays I assume that is has some significance to whether you can do it no I think it's like a rule about it costs more to replace or something isn't there yeah yeah if I may uh so the way that the statute was written is any non-conformity can be repaired replaced but it cannot be [1:05:02] **Attorney Stein**: expanded altered or enlarged uh so the intent is that that bid was to repair the structure in its current condition there are some exceptions for abandonment this has not been abandoned and also destruction by fire or other Peril uh because this building is still standing and it hasn't been destroyed even if it has you can still repair it up to 50 of the value and that's why that as long as you pull a permit when it is uh within I believe it's 180 days so we because the building hasn't been condemned because it's still standing because it still stores uh paddle boards and other equipment uh it it hasn't been destroyed and that's what those those [1:05:48] **Attorney Stein**: numbers were for and the truth is there's a pretty substantial value on a structure like that to have it and with a nine thousand dollar investment it would add a lot of value to the property **Mayor Michele Hanson**: is it the value of it in its current condition or the value of it if it were in it **Nathan Jesperson**: that was the current condition when I showed you not the future condition you're saying that it's valued at like thirty to forty thousand dollars currently just having a Boathouse it's a very rare piece of there's it's just rare yeah and we understand that yeah in the world let alone uh in this general area so it has a value just it had a value when I bought the place uh I was very excited about that so and that is due in part to Minnesota's [1:06:36] **Attorney Stein**: very strong protections for legally non-conforming structures because it is understood that unless that structure is being condemned you have the right to repair it or replace as long as you do not expand or alter and large but the intent here is to truly just repair the structure as as he indicated in the photos **Mayor Michele Hanson**: Katie we haven't heard from you **Councilmember Katie Hill**: oh uh so I see it like right now it's 20 like it's supposed to get under 20 right now you're at 23.6 with keeping The Boathouse you can make it under 20 in what plausible way with adding the addition and doing that yeah like which can you tell me I mean I see some of it but I just it's hard to like it's not a [1:07:21] **Councilmember Katie Hill**: process you know it's not adding up in my mind like numbers aren't adding up how are you getting a third story and repairing this which is adding to the numbers but then you're you know you know what I mean **Nathan Jesperson**: yeah yeah I mean I really built a story there with that and it's just a demonstration there that we could do I mean I I moved the deck off to the side because I thought that the city would rather me take more of the river Frontage and move it off to the side we don't have to do that I could leave the back patio and it's roughly the same size or the Riverside patio and not disturb any of that and we still are falling 150 to 200 square feet under uh 20 so our last calculation came to 19.1 percent **Councilmember Katie Hill**: do we do Dex count or not count [1:08:11] **Assistant City Administrator Sara Taylor**: up recently for discussion councilr currently our ordinance does classify that as impervious and that was another reason why we thought deck would be better because even though it is classified as an as impervious it actually does let a lot of water through as opposed to the patio **Councilmember Katie Hill**: so but it seems like the deck that you want to make is still over still on the other side of the 100 but the deck is uh I mean it's our it's been built in the floodplain so it can't even be done right I mean yeah it would be a whole other variance **Nathan Jesperson**: it would be a whole other variance which wouldn't have to be dealt with right now it just and we don't have to do that at all like I said it was I thought it would be something that would be interesting for uh the DNR in the [1:08:57] **Nathan Jesperson**: Riverway but if it's not then we don't need to I just don't want to look at the DNR mad because we're you know like like we're trying to make that hundred feet look prettier for everybody and the animals and everything so I would hate to like go against them again that was the other reason is that we put her behind the trees there I don't know if you guys saw that in the in the visual um yeah but it's still uh uh it's still on the other side of the hundred correct can I actually show this because I feel like because you could move it back by your garage correct and then it then you would have no problem this was just we were trying to hide it so that from the River View no one could see the deck because right now our deck and patios everything's visual from the [1:09:43] **Nathan Jesperson**: Riverway sort of opening one deck three patios in order to move one deck to the side behind the trees it was a visual like what the DNA Arc cares about is they want to see a natural River way and so we tried to hide it we could push it back more we can explore but we didn't get the chance to explore that with the city so there's a lot of things that you might not see but you can see where all of the furniture are that's all hard surface in our original I'm not able to pop it up here yeah can can he have access again it would be helpful to have a visual **Mayor Michele Hanson**: John if we're able to um it is the deck considered in the 20 percent number **City Administrator Matt Kline**: it should be proposed to that I don't know if they counted it but it should be accounted [1:10:29] **Nathan Jesperson**: okay so just I mean I don't know that I agree with it being counted I think we need to look at our ordinance about that but currently that is our ordinance so if if uh you look here at the current structure this is all this is all patio block right here and this is a whole deck right down here at the bottom it's on the river are right by the river um this this deck and then there's another patio over here we're removing all of these this is and uh and then by bringing the deck over to the side here it brings us Behind These trees and as you can see even with this this picture here you wouldn't see anything there and so it makes all of this a Greenery that's why we did we proposed it that way [1:11:16] **Nathan Jesperson**: again we I don't need to reiterate again but we can do it yes you guys get I think what I'm trying to yeah **Mayor Michele Hanson**: so this is this is what I'm struggling with I get it I would want to keep that boat house if I were you um I feel like we kind of made it a deal at the last meeting and we said if you can prove that there's a really good reason to keep it other than yeah it would be nice to have that it would should be removed so that's what I'm torn by it's like I just feel like we made a deal and I don't feel like it was really proven enough that it has I mean yeah it's all I was born in 1967 I'm old but am I historically significant because of that no I'm just old no I [1:12:04] **Mayor Michele Hanson**: just feel like I don't know if that was really I know I said or some other reason but I just haven't gotten a good enough reason to to feel compelled to say yeah they should be able to keep it because of that and I I agree it's a cool thing and it's rare it's just in such disrepair and it's it's part of the deal we already kind of made and that was already a hard-fought fight you know to give you the the East Edition as it was you know we weren't that was already outside we were going against the DNR on that so it's I'm just really I'm struggling I don't know are there people here that came to try to support the jespersons that live near there and want to talk about because I'd be willing to to just hear what or [1:12:50] **Mayor Michele Hanson**: maybe there's people here that are opposes and hope that we deny this because of the Riverway or whatever I just want to understand what why there's this huge crowd here if if that's what people are here for um because you know if the neighbors feel like they should be able to do this that that may sway me **Councilmember Katie Hill**: I don't want it coming back [1:13:24] **Councilmember Katie Hill**: um so she Katie was saying what yeah it's just heart like I don't want to go again like we already won against the DNR I don't want them to like again be like well now you're breaking the law again so now we're gonna bring up a lawsuit but then now like it seemed like maybe this will be the lawsuit as well if we don't say yes so it's really hard when you split in the middle because it's in my heart I know it's right you know but do I let them do it because then if I let everybody do it then when is it gonna stop yeah oh well you let them do it the DNR won't care and then everybody yeah on the lake or on the river is going to want we have something **Deputy Mayor Ethan Gilmore**: I asked the question about setting precedent and the lawyer Eric said in short no but yes if there is a very [1:14:10] **Deputy Mayor Ethan Gilmore**: similar situation within a month or two of us approving this that's the only time that anybody could ever use precedent on it so it doesn't set a precedent and to be honest with you it's ridiculous they're not trying to ruin the Riverway I mean that's what everyone's acting like I understand there's ordinances and laws and everything else and maybe I'm just not you know I just I can't I can't deny somebody because somebody 30 years ago rode an ordinance and you know I I don't know I just I'm a big believer we need to change some of these ordinances to let people do more things whether it's in our business thank you okay so **Mayor Michele Hanson**: Ronnie you haven't really waited [1:14:57] **Councilmember Connie Doll**: oh I did like a little bit I still don't understand where you lean I guess so while I was leaning with the rest of us earlier but like I say I feel like they're here they're fighting's hard to keep something that seems to be very relevant and important to them and I also feel like they've got the support of their neighbors which is impressive yeah so I guess I'm tending to flip and go with Ethan and I guess I'm not worried about the DNR **Deputy Mayor Ethan Gilmore**: I'm not either no that's not my concern **Mayor Michele Hanson**: I'm not as concerned I I was more concerned like how the neighbors felt what it was gonna look like from there I would like to make sure though if I mean whatever that you do give us the materials so we know [1:15:45] **Mayor Michele Hanson**: they're all that I want I would stand by that you know and I I guess after they showed me the SEC that picture up there where it was kind of the old-fashioned I thought it was going to be totally like a brand new but it looks like you're literally just trying to make it look like it did so um I don't normally flip-flop but um but I guess I'm I'm kind of leaning more with Adam I mean Adam I just miss Adam um that I feel like if they wanted that bad I I guess I just uh and it was tough even at that meeting when we were making that stipulation I was having a hard time with it because [1:16:32] **Mayor Michele Hanson**: I get all of the ordinance things and I get that it it didn't fit and all that but it's it it's just it's really hard to like you go against all of your your staff recommendations your I know another your legal recommendations you know kind of go with your gut too and I don't know what is your gut telling you John I feel like you're leaning towards the other way but I don't really know is there anything you want to add to like no okay I know it's hard we do have to make a decision though can we can apply [1:17:20] **Councilmember Orin Kipp**: different factors and different ways and let your common sense or your horse sense or whatever but I think that's specifically why we have coordinates and ordinances and things like that as to be able to look at it objectively in black and white and decide based on that **Deputy Mayor Ethan Gilmore**: so it's pretty clear to me that's also why we have variances and like I said before some of these ordinances are so out of date we all know that I mean how old is it you know for sure I don't know that yeah but I know there is this town is 100 years old and when you look at there used to be a cat leash law in this town an ordinance I think you guys fixed that before I got on here it's like what kind of lunatic would put a [1:18:06] **Deputy Mayor Ethan Gilmore**: cat on a leash those kind of things I'm not saying this is like the exact example but we shouldn't just be like nope deny the the role of government should be constantly saying no to everybody and that's what I feel like we do far too often in every aspect of my life and not just with the city with anything I've ever had to deal with you go to any government agency and it's like no no no you can't do this you can't do this and I get you can't just let everybody do everything I'll put listen fancy for you but this to me is a no-brainer because I understand they're not going to make this thing look ugly they have their seven houses down there and this one looks like a cat it's the work completely the worst no offense I'm just gonna change that it looks like a tiny cabin compared to those other [1:18:51] **Deputy Mayor Ethan Gilmore**: ones down there and it's like why not make it look nice and it's going to be fit with everything else and I don't know again I I won't say I think we already made that agreement yeah they can make the improvements to the house this is a separate issue um maintained at all that I so I have a unique perspective I was very good friends with the person that lived in the house to the north there when I was in elementary school in the 70s and so of course you grow up playing on the river and stuff and I spent some time in that boat house was old and I don't know where some of these more recent pictures came from it was old and like that when I was a kid in the 70s and it just [1:19:37] **Mayor Michele Hanson**: has been neglected I don't think it's looked great for a long time if you want to talk I would let's have you talk up here so everyone it's on the record and we can hear you but I I'm curious I mean obviously you went and you you have people that are in support of you did you talk to any neighbors that thought it was a a bad idea to restore it **Nathan Jesperson**: they call the neighbors to be honest okay a lot of people said yeah okay so and we believe it **Mayor Michele Hanson**: okay well um unless we have more questions or discussion I suppose we should make a decision **Deputy Mayor Ethan Gilmore**: I'll make a motion to approve the appeal **Councilmember Connie Doll**: and I'll second eat this monster with that motion **Mayor Michele Hanson**: do can is that when you [1:20:39] **Mayor Michele Hanson**: put in like your I feel like yeah okay is that the case or can they make a motion with other stipulations attached to it um you can and that is going to be that motion where you're denying and part and granting and part right now what your uh the motion that's before this body is that you're granting the appeal and the appeal is is that the boat house would remain and that it would be restored uh up to code within one year um it's as simple as that and is there more to it like I thought **Eric Larson (City Attorney)**: if they if the Jeffersons want to uh proceed forward with uh the design schematic that they have uh with the deck or some iteration thereof then they would have to go through the variance process but what I'm hearing is is that it's a possibility but they're looking at exploring various options and it's only when you have something very clearly before um you know the city to actually look at and then also evaluate what impacts that would have with respect to both the Riverway ordinance as well as the floodplain and obviously engage the DNR we'll see what issues would arise from that [1:22:01] **Mayor Michele Hanson**: my other issue was that they would use the material I wanted to somewhere ensure that they would use the materials is there a way to acquired is that part is that just guaranteed because it will be inspected or they will not get a building permit until they can show that they uh will be using the materials and they will have to design and the construction that meets code otherwise they do not get a building permit and uh again the building official um and so forth indicates that at least as currently proposed [Music] um that that quote quote and so forth is not going to be sufficient to get a building permit and um I just wanted to make that very clear and as a result the price is there I also want to make it [1:22:46] **Eric Larson (City Attorney)**: very clear that um I tried to get away from the takings and issue I vociferously disagree with their uh their attorney that it's the takings that they have established with the appraisal and all of that because frankly I think that's thin soup with respect to that issue and but that was not the basis that this body made a decision on March 6. I've been doing this uh for all as long as attorney Stein has I have represented property owners and just compensation claims and I've also represented the governmental entity I really want to keep this where I believe it belongs and that is is [1:23:32] **Eric Larson (City Attorney)**: don't make a decision because you're afraid the DNR is going to sue you don't make a decision because your Jeffersons are going to sue you I think those are equally thin make a decision based upon what you think is right based upon your code and facts before you **Mayor Michele Hanson**: Ethan did you have a comment you wanted to make I'm sorry that is we've had in the pathway we've made motions in a second and then we went into discussion and we were told we didn't discuss once that's happened so I think it's what you like voted on it but I thought it was okay in that time but maybe around nothing else to say technically that's how you're supposed to do it but we always discuss and then make motions which correct okay um we already discussed I know I know but she wanted to make sure that the motion was appropriate before she seconded it so I think that was I just wanted to confirm it yeah okay so we [1:24:19] **Mayor Michele Hanson**: have a motion to um Grant the appeal and we from Ethan and we have a second from Connie um I don't think we would need a roll call right we would just you might want to do a real call just to make sure the record's clear **Mayor Michele Hanson**: so the record is clear let's do it councilmember Carlson aye councilmember doll hey council member Gilmore aye councilmember Hill aye mayor Hanson aye [1:24:59] **Mayor Michele Hanson**: sorry thank you very much [1:25:15] **Mayor Michele Hanson**: okay well um that was a lot of time spent on the just person stuff in general but thank you all for coming out and supporting them so we understood where people how you felt about this because we would not have known if you weren't here to do that and I think that is important it is it was important for me and it helped me to go with the way my gut was leaning even though I understand that there was all of the legal reasons to not do it that way it it didn't didn't feel right to me to to make him take it down so all right um so question for the audience if you are [1:26:00] **Mayor Michele Hanson**: compelled to stay to listen to more please do so otherwise I'll give us a moment for everybody to leave because I don't want a bunch of commotion while we move on so if you're all planning to stay for the rest that's great I just wanna give your man okay all right I'm I'm sure you're since many people live on the river they're here to listen about the flood plain okay so new business Point number two consider amendments to appendix e floodplain management of the Bayport city code of ordinances and this is going to be presented by Sarah thank you madam Mir **Assistant City Administrator Sara Taylor**: the floodplain management ordinance is considered an overlay ordinance that applies to properties located within the boundaries of the flood wage and the flood fridged districts of the Saint Croix River which are established by FEMA and administered by local communities and the DNR [1:26:45] **Assistant City Administrator Sara Taylor**: the purpose of this ordinance is to identify a reasonable method of analyzing flood hazards and to establish Provisions to minimize potential loss of property and extraordinary public expenditures due to flooding in order to participate in the National Flint insurance program which offers flood and federal disaster Insurance to all Property Owners the city is required to adopt a floodplain management ordinance and subsequent updates a majority of texts included in the ordinance update has been prepared by the DNR and is required to be adapted to comply with the flood insurance program other amendments that have been Incorporated are intended to eliminate confusing Concepts a clarify permit requirements assist with substantial damage or Improvement determinations and ensure consistency among State rules [1:27:32] **Assistant City Administrator Sara Taylor**: federal regulations and FEMA policy a few sections of the ordinance are optional for communities to adapt which are highlighted in blue text with comments noted in the margin of your draft ordinance in your packet however because these sections are intended to minimize public risk in the event of a flood and help clarify and provide guidance to staff on how to administer certain Provisions staff feels it would be beneficial for the city to adopt these sections the Planning Commission held a public hearing on the ordinance amendments on May 22nd no public comments were heard at the Planning Commission meeting and the Planning Commission did recommend approval to the city council 5-0 uh since the city council packet was posted on the website for tonight's meeting we did receive a few comments [1:28:17] **Assistant City Administrator Sara Taylor**: from the public which Matt is going to address then the city council will have the opportunity to ask questions of staff and we also do have a representative here from the DNR for technical questions thank you **City Administrator Matt Kline**: sir Sarah Madam mayor members of the council we did receive a few emails that indicated some concerns about this ordinance I think there's some misinterpretation potentially about what this entails two of the items that they were concerned about was the idea that City staff would be entering on to residential property without a reason to be there and just to inspect properties that is not City [1:29:03] **City Administrator Matt Kline**: policy essentially City policy is that if there's just cause such as a complaint on a property or work being completed without a permit that can be visually identified from the street then the process is to enter onto the property determine what is being completed and potentially help make a correction essentially or complete a stop work order the other um concern kind of regarded permitting it's the need to make potential repairs due to a flood a fire or a natural disaster after that happens currently depending on what happens to [1:29:51] **City Administrator Matt Kline**: your property would be the factor in determining if you need a building permit so if you happen to have shingles or you know a small amount of shingles or siding that comes off your shed or garage that obviously would not require a permit if you have a garage that has been flooded and needs to be reconstructed or if your garage was destroyed by a tornado as with every new construction or reconstruction the city could easily be contacted to determine whether you need a building permit for that so um just to be clear that the both of those things were already part of the [1:30:38] **City Administrator Matt Kline**: ordinance right nothing changed on either correct that's that's the city process currently neither of those items change and those were the kind of the major ones that were brought up in emails we received **Mayor Michele Hanson**: okay so to summarize the changes that we're making are being made to basically align with changes that were made at the state level is that a nice accurate synopsis and there's nothing related to entering people's property without permission that was there's no new thing related to entering property or permitting that is any different than it [1:31:24] **Mayor Michele Hanson**: was before so um I'm not sure if there are other concerns out there or still concerns about the ordinance um if so I guess I I open to people coming up to speak um come on up you'd have to stand up here and tell us who you are and where you live and no problem with that **Chris Hayner**: name is Chris hayner I live at 11 Point Road I've been a lifelong resident of the town of Bayport I've lived on the river for basically 45 years so it's quite a while here uh the real point that I have here is that they are trying to change the floodway level which is same as pool level right now that they as a DNR can govern [1:32:10] **Chris Hayner**: um at the water level of 674.5 which is normal pool they want to change the floodway level now to 679 which is four and a half feet more and if you're in in a building four and a half feet doesn't seem like a lot because it's a vertical rise well when you're a property owner most of us don't have a vertical wall or a cliff or whatever and say we have a a sloping lawn about four and a half feet can cover a whole lot of property and what they're trying to do here then is to have it where in that zone and again it's going to vary from yard to yard or that they want to control more of it they're for hamstringing us are choking us as to what we want to do more with their property and again so that's [1:32:55] **Chris Hayner**: the real Crux of of my thing and understand that that four and a half feet that they're talking about is 20 over 20 percent of the vertical rise that happened in 1965. **Mayor Michele Hanson**: can you show me excuse me which of the points in the so we have the blue lined version from the state do you have that that I can see what you're referencing because I don't remember seeing that I guess a change in the or do you guys know what he's referencing can you point me to it please **Chris Hayner**: well I didn't know if the staff could find it let me put on my cheaters which one yeah I feel like they're all right yeah [1:33:42] **Chris Hayner**: I feel like something was weird with a number that's why I wanted to see it in writing it was 675 to 679. I gotta find it here but okay you'll have your chance Phil if you want to come up later but yeah let's just uh first experience yeah that's 3.3 3.0 I'm way past that that's 3.3 huh iPads are very touchy okay so the floodway district that's the big one they're trying to change I don't see any am I in the wrong part where it's not blue lined **Assistant City Administrator Sara Taylor**: I'm sorry Madame Merit that's not the [1:34:28] **Assistant City Administrator Sara Taylor**: Blue Line version the 3.3 is in our version oh you're a version Oh I want it okay I wanted to see the Blue Line change but we changed it specifically the state didn't change that no that was confusing in regards to a state change it might not be blue lined in the DNR version it's not okay so it changed or didn't change yeah three point it is actually still 3.3 in the DNR version it's just there's no blue lining on it so it doesn't look the reason it wasn't blue lined is because only those elevations change that's uh that's that falls on us **Mayor Michele Hanson**: so okay so I'm sorry iPads are so touchy every time I try to go to the next page [1:35:13] **Chris Hayner**: it really goes crazy okay so what I'm hoping is is that that is not a incremental bump in something they want to control when you want to take over 20 of the total height that the river typically Rises and you want to be able to put more restrictions into this area and again it varies from yard to yard well 20 of something is just huge in one big jump and as you well know you know every time they do something it's the Minnesota DNR is always restricted they never release give us more freedom on our property and for them to come in and try to want to take again this what I'll call 20 increase in height away from us as to how we can use our [1:35:59] **Chris Hayner**: property to me it's it's just ludicrous **Mayor Michele Hanson**: can you help explain maybe why that's happening or just **City Administrator Matt Kline**: met America we do have representative from the Minnesota DNR here you can definitely talk to it but what we what we'd prefer to do is if there's specific concerns unless this is everybody's exact concern okay if we can hear everybody's **Chris Hayner**: sure yes that again they take they take now they want 20 more there's already laws that govern all of this property they just wanted to make it more restrictive over a larger area of something that we own this is not State Property it's private property and they want to control more so thank you for your time **Mayor Michele Hanson**: yeah I appreciate that so do we have [1:36:46] **Mayor Michele Hanson**: other issues issue the ordinance that people or is that what people are here for um if you want to talk can you please come up to the podium so we why come on up so we can hear who you gotta say who you are where you live because **Resident**: I live at the end of Lake Street on the river living on the river is not easy and we all abide by a million uh strictures but I want to know why these and things came out on Friday and you got a vote for them tonight **Mayor Michele Hanson**: it's actually been out there for quite a while went through the Planning Commission they already made their recommendation to us it wasn't just [1:37:32] **Mayor Michele Hanson**: Friday that this was spoken about **Resident**: notified okay and I'm on the email list I didn't see anything about new new ordinances and all of that stuff **Mayor Michele Hanson**: yeah how does that work if you get city council packet information do you also get Planning Commission information I don't know I think I signed up for everything so I don't know how it all works so you may have to change your settings in the what information you receive so you can make sure you get Planning Commission things no well I mean I usually get stuff okay all right so there was no intentional holding back of information from anyone we did not do that uh yes the Judgment here and I wish you would prolong well we may we may decide to do that after we get more information we'll see okay [1:38:17] **Mayor Michele Hanson**: thank you um anyone else have other concerns they would like to voice all right Phil come on up **Phil (Soucheray)**: Phil's saying ores I live on the lake down there um first off I think you did a good job on jasperson's political science major bottom line is elected officials by definition are supposed to keep track of the bureaucracies in the world IRS DNR you name it that's your job so uh so you did your job tonight good job The Boathouse has been there for 70 plus years want to talk about the ordinance that we're talking about now just throwing my two cents in there I do have free time oh we we've been here since [1:39:04] **Phil (Soucheray)**: four so yeah you know I don't think I didn't get notified on that documentation so how is the notification process done Sarah and mayor quick give an explanation **Assistant City Administrator Sara Taylor**: um when we do when we amend the ordinance we're required to notify the DNR 30 days we've been working on this for several months now so when we finally had a draft ordinance we're required to publish notice in the paper which was done on May 5th the notice has been posted here at City Hall since that time the Planning Commission had the public hearing no one came there was no public comments **Phil (Soucheray)**: um you're not allowed to comment at a working a workshop that you had and you're not it's a Planning Commission meeting not a word yeah but you're not conforming to the Minnesota state statutes notification of changes in [1:39:51] **Phil (Soucheray)**: municipality ordinances **Assistant City Administrator Sara Taylor**: I believe we are but continue so 10 days prior to tonight's meeting there was an email blast sent out sending the document changes are not sent out who received it nobody okay so Carl you did thank you [1:40:18] **Assistant City Administrator Sara Taylor**: there is a notification system and there are different settings for signing up via the website so Planning Commission um city council just general city notices the email blast that was sent out for this particular meeting was sent out 10 days prior and it was through the general notifications **Phil (Soucheray)**: that was the meeting notice I didn't get it but that was the meeting notice bottom line is you're supposed to send out the changes according to Minnesota State Statute that notice did reflect the changes that packet those showed up on Friday at 109. you didn't send out the changes I would defer to our attorney yeah okay and derny did you read are you up on the current 2022 changes in the municipality notifications of residents from the state of Minnesota **Eric Larson (City Attorney)**: I am aware of the law with respect to the requirements on notification with respect to ordinance and ordinance amendments that it's imposed upon all municipalities and so forth and I am fairly confident that your city administrator and your city planner who are also very educated and experienced with and so forth ensured that this particular ordinance **Phil (Soucheray)**: could you rattle off that ordinance for us **Eric Larson (City Attorney)**: so I don't memorize it it's a very short statutes geez Council I'm not going to get into a a legal argument with you and so forth [1:41:35] **Eric Larson (City Attorney)**: if you have a particular statute and you can show the facts and so forth indicated that there were some issues with respect to notification then I'm sure that the city staff will make sure that that this is Revisited and and re-notice is done if that is indeed the case if it was known as appropriately and so forth and I have to presume that it is at this point we will proceed accordingly **Phil (Soucheray)**: all right thank you Phil well it was shipped out by a number of people read it because this thing went through Sri Lanka fire through the community over this weekend and numerous people read it and read it in groups and I think you're not correct on the understanding of it **Mayor Michele Hanson**: well thank you I guess that I'm not done talking about that I'm not done talking **Mayor Michele Hanson**: I'm pretty sure this is my meeting [1:42:20] **Mayor Michele Hanson**: mayor controls the mayor controls the mayor controls I have a set number of minutes by ordinance that I get to speak right well there's a total of 15 during the public hearing but right now if you had do you have another Point you'd like to make because we've already understood that you don't believe that the paperwork done appropriately but are we going to adopt a procedure when we notify the residents we have a procedure in place so yeah you didn't follow it though please Phil thank you um if does anyone else have anything they would like to bring up otherwise we'll have the DNR rep oh we've got Patrick **Patrick**: Patrick again 19 Point Road hello Patrick Congratulations by the way thank [1:43:07] **Patrick**: you thank you um recently the river dropped below 683 feet which I believe is the threshold for Wake no wake correct me if I'm wrong on that yeah and um as soon as it dropped a little 683 the bullets were going as fast as they could back and forth and my doc was doing its bunking Bronco routine and you could stand there and watch the erosion happen on my property um in the future I know I'm gonna have to rebuild the dock and I'm going to have to do some additional anchoring to keep it stable and in place and I like to do some landscaping and other features to control my property basically and keep [1:43:52] **Patrick**: it from Washington to the river so so my concern is certainly any additional restrictions that might be applied to my property that would limit my ability to manage it and keep it safe and the way it is **Mayor Michele Hanson**: are you are you referring to the increase of similar the four and a half what the gentleman over here is referring to correct yeah same issue okay thanks for clarifying Ethan okay anyone else with something other that they'd like to mention about the floodplain ordinance come on up [1:44:39] **Chris Kringle**: my name is Chris Kringle I live on the point I do have Shoreline I've been there for 28 years I've been in the real estate business for over 40 years I'm somewhat familiar with Contracting particularly Government Contracting which is really Contracting from attorneys and I haven't seen what's been presented here tonight as far as the change to be voted in but it sounds like typical Government Contracting where there's a whole bunch of vagueness a comment that well that's not what that means or that's not what it's intended [1:45:25] **Chris Kringle**: in that kind of thing and my comment I guess in regard to all that is there's plenty of money spent on coming up with whatever wants to be adopted I think there's a lot of deliberate action to cause things to be vague to the benefit of whoever is in control of the situation so they can control the people and my suggestion what I'd like to see is real Contracting with specific terminologies and things so it's not like well that's not what we meant to get it passed but once it gets passed this is what this means this is exactly what it is in you're in violation of it see the DNR did not vote for a single one of you people we did [1:46:12] **Chris Kringle**: and we are who you represent here so the fear I saw in a number of you oh we can't do this the DNR will get upset oh this the hell with the DNR we pay the taxes we pay the expense of living on the river we we we clean it up when there's a mess and we we suffer a lot of the breath and to be a fear of the DNR it's just ludicrous we should be a part of everything that has to do with our Shoreline we mentioned The Boathouse there how about if we how about if we pass the door and say you can't have a Marina at your house which by the way we haven't we haven't been able to have a marina built in anyone's front yard for [1:46:59] **Chris Kringle**: probably 30 years well this is the next move from the DNR is that everybody that has a Marina has to fill them up because they're not quote unquote legal like this fellas boat house is here it's like it's part of the rules fill up your Marina I can tell you a thing or two about value on things like boat houses and marinas and other aspects that are important about living on the river and to have some government bureaucratic agency come in and say something and have our city council who's our city council almost run of fear of this government agency is is totally ludicrous it's abandoning who your people are [1:47:44] **Chris Kringle**: as far as attorneys go they can make a 20-minute conversation of a one sentence comment I see that in documentation and everything the whole Charter all of the rules that have to do with many things regarding um this city that we live in needs to be readdressed like I think you mentioned and make it straight talking see what it's supposed to say and not have a bunch of holes of ambiguity so well this we can say this means this or we can say this means that and we can use this to get somebody because it's such a it's got so much interpretation where you mentioned three times in your last comment [1:48:30] **Chris Kringle**: that we can use this to have control over our people these people are the ones that you represent they should know exactly what it is anything that's causing a change to their to their things that are significant to them and their property should be mailed out we should see a copy of the what it was and here's what the proposed changes are with plenty of time to review it any legal proceedings in the world isn't something that is acted on within three days and the information isn't even given I'm I'm dealing with a lawsuit right now hell that they want to that Washington department **Mayor Michele Hanson**: Mr Kringle can we just keep it to this specific ordinance and if you [1:49:17] **Mayor Michele Hanson**: have specifics to it that you want to address yeah that would be great I think that everyone who's affected should get what changes the city is I agree I'm disappointed that that was not a blue line change as well because I didn't realize that was changing at all because it was not noted as a change so I totally agree and I understand that's my suggestion is that let's know what we're talking about let's get rid of the ambigoodies and let's have everybody be able to comment on whatever they have a problem with an ambiguity okay instead of having vaguenesses that are big enough to drive a truck through **Mayor Michele Hanson**: all right I think your point is taken thank you all right coming up Greg **Greg Ellingson**: Greg Ellingson uh Lakeside Drive if Sarah you mentioned it and [1:50:03] **Greg Ellingson**: um Madame mayor mentioned the changes just a nutshell what are what are the changes that as you perceive them **Mayor Michele Hanson**: well they both use that term yeah there's so again yeah give me a nutshell there's uh just from my understanding of what I got in the packet is there is the the version of the ordinance that came from the state that had some blue lining through it that said these were the changes well that means like strikethrough like we're changing this part to say this so that you could see what was going to be different from old ordinance to new ordinance without having to go like that one that's in the packet we didn't get it well it's Outlaw it's online I mean I got it I literally got this on Friday [1:50:48] **Mayor Michele Hanson**: too so um so there is there is that part in the packet if there's a summary again just yeah but I wish there there wasn't a summary so instead we got then um that version with the with the changes from the state that were noted and then excuse me it's hard to hear when you guys are talking excuse me sorry all right it's just very echoey in here so um and then there is the actual final document I think that was being submitted as our ordinance to be voted on and that's all we got was those those two versions and you're right it was I I got it on Friday and it was a lot I didn't read it word for word because I didn't have time to again I don't mean to break it down to like two easy bullet [1:51:35] **Mayor Michele Hanson**: points but what are the substantive changes Sarah that you yes that would be great get the legalese out of it and that would be awesome what do we change **Assistant City Administrator Sara Taylor**: so I did a side-by-side comparison of our current ordinance against the new model and the meat of our current ordinance is all in the new ordinance there aren't major changes you can do this you can't do that um most of it is expanding on on Concepts helping staff like eliminating confusing Concepts like the vagueness being more specific helping staff be able to make determinations or how how should we apply this um determinations of what enforce project for example you know [1:52:21] **Assistant City Administrator Sara Taylor**: they're we dealt with a lot of vaginous for different ordinances that apply there and still there isn't a lot of questions there are still questions about what can and can't be done with The Boathouse and some of those things so this ordinance was really trying to help be a tool be a useful tool for staff to to do our jobs that we're hired for and help the DNR um you know do their jobs so clarify permit requirements when is a permit required when isn't um assisting with substantial damage or Improvement determinations again back to The Boathouse it's a really good example is this you know a substantial damage according to the code and what does that mean for replacement or repair those types of things um and then there's other there's a whole other set of regulations related [1:53:06] **Assistant City Administrator Sara Taylor**: and this ordinance isn't intended to not let people enjoy the river and do what you want to do and make Home Improvements but it's also um required to participate in a national insurance program and it's the purpose is to make sure that people aren't building things where they shouldn't be and then ruining the insurance program for people who really need it um I think that's you know people think well it's not going to flood or you know this barely floods and then I want to build something here and then oh gosh I have to make a million dollar claim and that ruins the program for everybody else so does that help okay okay yes thank you um yeah thank you to that point Greg um we did struggle we talked internally [1:53:54] **City Administrator Matt Kline**: a lot about those elevations that uh Mr hayner had indicated um in theory those elevations are not listed in our current ordinance but they are still there in the DNR can talk to this they're still supposed to be regulated the same way and we just clarified the numbers um who's from from Matt but do you really need to come to the podium and just elaborate specifically on that elevation comment **Assistant City Administrator Sara Taylor**: um this is Matt Bowman from the DNR and he has agreed to answer technical questions only this evening um so if you could I mean I'll answer [1:54:41] **Matt Bowman (DNR Representative)**: any questions oh okay okay thank you Matt can you speak to that the elevation the elevation the floodway specific yeah yeah so the the the flood insurance study the the Saint Croix in this location has not had a formal flood insurance study if you look at the flood map the flood way which is the inner portion of the entire flood plain that's where the fast moving water is traditionally in a floodplain map it'll show the flood Fringe areas the outer boundaries of the floodplain as well as the inner boundaries of the flood plain which is called the flood of way and the way floodplain regulation works is you reserve that floodway you're very restrictive in the types of activities [1:55:27] **Matt Bowman**: you allow in the floodway so yeah changing an elevation if that's what you're doing which you're not um it would would be a very significant change can you go back and explain when you just said yes okay yes the the um the the two different elevations 674.6 um that's that's 88 data that's that's been historically the elevation used for setbacks and it still is the elevation used for setbacks um I think it was a few decades ago it might have been a couple of decades ago the the DNR who makes a determination of where the ordinary high water level is changed it it changed it increased five [1:56:14] **Matt Bowman**: feet to that 679.6 um elevation in situations where a floodway is not identified in the map a developer has two options they can hire an engineer and carry out a floodway delineation themselves the city can do it or the DNR can make a determination until a floodway is delineated your ordinance says that you have to treat the entire flood plain as floodway so the fact that the DNR has made a determination of where the floodway is that streamlines the methodology by which you can make a flood away determination the city and any applicant is still free to hire an engineer and challenge that [1:57:01] **Matt Bowman**: floodway determination but the dnr's made a determination of where that floodway is and it's 679.6 **Mayor Michele Hanson**: a long ago did you say the 674.6 went back to did you say 80s or did I did **Matt Bowman**: yeah it's it's been a while yeah and that's still the elevation used for setbacks my my understanding is that the river rarely gets below that elevation so so calling that the ordinary high water level is just simply not accurate that's why it was changed the 679.6 is more accurate historically speaking uh for in and that's the elevation that's used for permitting below that line um impacts permitting for public water's purposes so any activities below that [1:58:01] **Matt Bowman**: line requires a DNR permit or you know there's some activities that are exempt um and then that the the more restrictive floodway standards would apply below that line as well yeah yeah can you clarify Matt has that even though that number was not included in our current ordinance that was still the elevation that was to be used for DNR permitting purposes that's that's correct yeah there's been some since it is so confusing like the if if you look at the floodplain map for the Saint Croix it doesn't show flood you know traditionally you're showing cross-sections showing exactly where what the flood elevation is at any given [1:58:47] **Matt Bowman**: location you're seeing exactly where the floodway is the maps for the Saint Croix in this location leave a lot to be desired we we created a memo in 2018 clarifying A lot of these points that memo was shared with the city and that's that's it even before that memo this this has been our position okay so what you're saying is that 680 79.6 may not have been specifically stated in our ordinance in the past but it was the level that was used to define yeah every time you process a permit in the flood plain you you you have to know what zone you're in whether you're in [1:59:32] **Matt Bowman**: the flood Fringe or the flood way **Mayor Michele Hanson**: okay so nothing really is changing and that's why it wasn't blue lined because it's not really a change it's just a stating of the fact that already existed but wasn't clearly stated was that **Assistant City Administrator Sara Taylor**: manamere just to clarify too the blue are the optional sections that we can choose to adapt or not to adapt the whole document itself is full of changes um and those are over and and clarified requirements those types of things if if there was a major major change that wasn't in our current ordinance we obviously would have you know spelled that out in detail but just to clarify the blue sections were the optional sections that are a higher standard recommended by the DNR that we felt it's a good practice allowing a permit [2:00:19] **Assistant City Administrator Sara Taylor**: without just being able to put more fill in because that fill then potentially displaces water to other properties that's just an example of do we want to take a look at these things before we let someone automatically do them because a lot of these things have negative impacts if they're not engineered correctly and then you know it's not good for anyone right so as a city we could choose a different level but it wouldn't help because it would still have to go through a permanent process through the DNR at the other level is that I'll direct that question to Matt **Matt Bowman**: if if you want to hire an engineer and reveal any of the floodway that we we would have to review it and and we have mapping folks that would look at that model and verify it or not [2:01:04] **Mayor Michele Hanson**: okay so it doesn't I mean I feel like there's a lot of like maybe just misunderstanding of what was happening with this ordinance is would you say that like the people that were coming up here and talking about how the the I changed that yeah okay because I I'm I I don't want anyone to feel like the DNR is not making the city update an ordinance yeah I mean you don't have to approve an ordinance if you don't want to but that's that's up to the council okay I mean we want to make these changes because it's Matt Sarah like yes there are some definite improvements to this ordinance that we would prefer a lot of [2:01:50] **City Administrator Matt Kline**: clarification um better um permitting guidelines different things like that so it is our intent um to from the city staff standpoint um to provide this update um now staff is more than willing and open to providing a Redline version that shows all the changes um that are proposed a significant portion of them like Sarah said are already in our current ordinance um but just with clarifications so um that's up to the council **Mayor Michele Hanson**: Council how you feeling **Councilmember Katie Hill**: confused yeah it is confusing I think um anyone have thoughts or comments or questions or I I don't make a motion to table this until we can spend more time yes [2:02:35] **Mayor Michele Hanson**: um I would just ask potentially is there does anybody from the audience have any clarifications that they want to hear after they heard from the DNR um or anything like that can you repeat that does anyone want to um come back up to the podium now that they've heard from the DNR come on come on up again **Chris Hayner**: what he was saying is what I'm he's saying it doesn't make any changes [2:03:22] **Chris Hayner**: well it to me it makes a change because if I have to go through a permitting process if the city hasn't put it in where I need to address it through the city that's one less step I have to go through to get something done I don't have to if there if I need to if I need a permit and you say it's good you can remain at this 675 level or 675.4 then I don't you know if I had I then I don't have to go through you guys to get a permit for something I just have to deal with these guys and these guys are going to take it that way **Mayor Michele Hanson**: John can answer that one the city engineer so the engineer oh finally John [2:04:07] **John (City Engineer)**: gets to talk yay thank you I was hoping to sit quietly fact of the matter is that permits are required already so I wouldn't agree with that assessment that you don't require now we'd have to know specifically what you're talking about is it Phil is it a building where is it located and so on and so forth but the city's floodplain ordinance applies to all lands in the floodway regardless of where the I'm sorry flood plain regardless of where the floodway flood Fringe boundary is we you still have permitting jurisdiction over the entirety of the flood flood flood plain and you also have permitting the jurisdiction outside the flood plain so in other words the other lands that are covered by standard zoning [2:04:52] **John (City Engineer)**: classifications and the bluff land Shoreline ordinance so it's hard for me to imagine a case where you would only require a state permit and not a city permit uh currently so that does not change okay or vice versa a city permit and not not a state uh there are there are projects that require State uh that require city permits but not state permits okay that elevation that Dan uh that Matt was mentioning uh the 670 um nine points 679.6 is already uh the the line where DNR permitting jurisdiction is so that doesn't change whether you adopt the ordinance or not whether you adopt the [2:05:39] **John (City Engineer)**: ordinance with or without that number in it that's already where their permit jurisdiction is so that doesn't change yeah what's been missing all this time in this example is that the number hasn't existed in your ordinance but it's still the the floodway is boundary is still there or the permit jurisdiction boundary is still there and it has been for I've been working in the lower Synchro Valley since 2004. and so it's been like that since then **Mayor Michele Hanson**: I'm not suggesting we do this but what is it in the city's you know prerogative to to have a lesser of a threshold to you know in in my [2:06:26] **Mayor Michele Hanson**: world you are I'm an electrician you always you need to meet the state threshold or be more restrictive about less restrictive is that the case **John (City Engineer)**: well I could defer to others but my understanding see we can't determine for the DNR where their permature restriction starts and stops so unless Matt or the attorney would have a different opinion that's oh you're correct **Mayor Michele Hanson**: do you have a comment you'd like to make at the podium I just remember to stay as well for the good of the group um can we just table this discussion so that we have a chance to actually look through the 67 pages in it because I think there's a lot of those little nitty-gritty things that are going to [2:07:13] **Mayor Michele Hanson**: slide in and you know we're all gonna be like oh um how did that happen um I happen to be busy over the weekend so I didn't do my reading and I would like to read it and I'm sure other people would like to have some time looking at it and that's I think that's a fair I think that's fair unless there's some reason we need to pass it right this minute I don't think there is so Sarah you made reference of like the red line and the blue line can we get all of that to the people so they can see everything I don't know if unless it's already gone done no it was just a lot **City Administrator Matt Kline**: manameric councilmember Gilmore um the reason staff did not prepare a Exact Track Changes is because it's renumbered it's all the sections [2:08:00] **City Administrator Matt Kline**: are reorganized so to for the average person who doesn't deal with ordinances every day it's gonna be it's not going to make any sense it's going to be very difficult to follow along a lot of the information is very technical we can try our best to put something like that together um but that's just for even for the council and even for staff it's very difficult we provide the two when people can disseminate it themselves **Mayor Michele Hanson**: I think it would be a lot of work for you to put that together if people aren't able to really make sense of it I'm not sure it's worth your time what I what I would like to see I think if I were them and maybe they don't trust it but I would like to see the actual summary of these are in writing these are the specific changes that happened you know from what we used to have as an [2:08:46] **Mayor Michele Hanson**: ordinance to what there is now like give me the summary of that versus the actual language change but maybe that's a shortcut that they wouldn't trust I don't know I mean I would think it would be easier for you to summarize what happened than to try to go and you know when we move section one down to section three and then we did this or it just feels kind of like a lot **Assistant City Administrator Sara Taylor**: I think we could work with the DNR to put together a bullet point list of these sections we added clarification language or yeah this was modified slightly I I I think we can put something like that together that will make sense to the general public over them to be able to digest that I think is that General people agree and **Greg Ellingson**: Greg Ellingson 515 likes it general public yes I don't know how you guys would vote on it I mean God bless you for all this [2:09:33] **Greg Ellingson**: minutia I don't know how you do it but you know Connie how would you vote on this because I don't understand **Councilmember Connie Doll**: I don't know because I got you know last half weeks In fairness to you I don't know how you vote on this yeah without we have a lot of faith in our city staff and I talked to Matt quite a bit about it so I kind of had a feeling of what was going on yeah you guys the minutia in here yeah I vote based on when you guys come here and you voice your opinions because you guys elected me so and I have of course I always I respect our city staff I respect everybody for what they do but that plays a big role for me you know yeah you read them through this it's like I read through it and looking at it and it's like I need to be a lawyer to understand how right yeah so when you guys I have no idea the [2:10:19] **Councilmember Connie Doll**: four and a half feet and how that would affect your your uh situation and I'm glad you guys were here because otherwise it's you know one of those things that just we just passed because it seems normal and no one's objecting to it and and we try to read through it and make our best decisions but it's very important that people come in and step up and say hey this isn't you know raise a flag for us and then we can like you say table it look at it prepare things for you to make sure that everybody's comfortable with it and I think that's our job I think seriously the point **Greg Ellingson**: if if you guys can bring it to uh understandable format that you guys can actually vote on it yeah intelligently I mean without just saying the city staff suggests this and that's what we're going to go with I mean then we don't [2:11:05] **Greg Ellingson**: need accounts well Matt does give us well time to ask questions you know yeah we don't but if you don't I don't think I'm not to put you on the spot but I don't think five any of you could tell me in a nutshell in in five bullet points what this what the highlights of this are and I didn't hear it **Councilmember Connie Doll**: one of the big ones there was the huge outcry in emails flying back and forth was somehow but the the we were gonna start invading people but I'm not I'm not talking about the emails I'm talking about okay **Mayor Michele Hanson**: let John talk so that that was kind of what I focused on in it and I wasn't seeing that in there [2:11:50] **Mayor Michele Hanson**: um it was a lot and I was reading it on my phone of all things so that was a very fun but um yeah so yeah then then we I come here and I hear different elevation numbers that I've not heard before and it's out of left you know out of left field so yeah I already kind of whispered to the mirror that I would like to make a motion a table so okay all right should we take that as a motion from John to table this and have the summary direct staff to come up with some sort of reasonable summary do we have a second I'll second it all right leave your name on the door so you guys all get copies also [2:12:37] **Councilmember Orin Kipp**: is that like console members we literally cannot read through and understand I mean I know we have to but that's what we rely on them to summarize things for us and to give us recommendations and I know lately I've gone against them a couple times but that's still their job and they do a fantastic job of it 95 of every vote I've made in as its Council has been on the recommendation of them and they do a fantastic job there's a question about that I'm just glad like I said that this was brought up because I don't believe they probably thought that this was going to have so much you know people right you know not understanding it and being upset about it I don't think they had any idea we were sitting here at the thing today wow we got a bunch of people coming today yeah nothing on it looked [2:13:24] **Councilmember Orin Kipp**: like anything was like oh wow this is a super controversial like when we did the speed limits and apparently before my time the dog park you know those things were big things and we knew that was coming but this today we didn't know this was coming and I don't and I don't believe this staff did either and I don't think anyone was we're not trying to like no pull a fast one and put it out for just a few days and then try to pass it that's not their intention it's certainly not my intention I don't speak for everybody else on the console but just those those guys do a fantastic job so they do things **Mayor Michele Hanson**: all right so we have a motion to table and I have the direct staff to create a summary of the changes to the ordinance and we have a second so can I just say all those and pay all those in favor [2:14:09] **Mayor Michele Hanson**: aye aye anyone opposed all right thank you all for um helping us do our jobs better um yeah with without you we don't always know what people have concerns about so thank you for coming thank you and if you would Mr DNR if you feel like is this a good time where everyone's gonna make noises I'll do that we'll take a quick little uh break while you guys all say goodbye thank you thank you all for coming [2:14:48] [Music] **Mayor Michele Hanson**: down we'll figure it out hey Carl will you help us by enclosing that door okay he's all right it's probably thank you because I do zoning if it's building permit stuff all right I have to set up a meeting with an inspector so get back to business here excuse me either matter I can help you all right we're gonna resume our meeting thank you for coming all right now we are on new business three right yeah okay consider an amendment to appendix a subdivisions of the [2:16:00] **Mayor Michele Hanson**: Bayport city code of ordinances all right um sorry that is gonna be Sarah okay another ordinance let's try this I know no one seems to care about this one though **Assistant City Administrator Sara Taylor**: manamere members of the council the subdivision ordinance defines General Provisions for regulating a change in land use and ensuring development is in compliance with the city's comprehensive plan specific design and performance standards are outlined in the ordinance for such items as Latin black layout streets alleys easements utility storm water Etc the ordinance also requires a financial security from a land developer to ensure that compliance with the subdivision requirements in preparation for a potential plant application to the [2:16:45] **Assistant City Administrator Sara Taylor**: city the developer for the Baytown concept development Eco Haven question the city on options for Financial Security specifically the requirement for an escrow or a letter of credit in response to this inquiry staff discussed and reviewed other City's ordinances and have confirmed that a financial security at 125 percent of the total cost for the development is the most common amount secured through a lender inadequate to cover development costs as opposed to 150 percent currently listed in our ordinance staff has also determined that a performance bond is no longer a suitable option for Financial Security due to the difficulty with the city actually being able to collect the fees in case of default by the developer as a result staff is proposing to amend the escrow and letter [2:17:31] **Assistant City Administrator Sara Taylor**: of credit financial security to reflect 125 percent and eliminate the option of a performance bond again the Planning Commission held a public hearing on the ordinance amendments on May 22nd no public comments were heard and the Planning Commission recommended approval to the city council 5-0 at this time Matt and I would be happy to take any questions **Mayor Michele Hanson**: I don't have any does anyone else have questions about it nope no again this went through the Planning Commission um when they recommended to put a voice so this one seems pretty straightforward but we thought lots of things were straightforward and they weren't so you never know I'll make them I'll make a motion if you guys are ready sure I'll move to adopt a amendments to [2:18:16] **Councilmember Orin Kipp**: appendix a subdivisions of the Bayport city code of ordinances and summary for publication as presented thanks John you have a second seconded all right Connie seconded uh roll call Boot says in my thing oh um councilmember Carlson all right councilmember doll aye council member Gilmore aye out to member Hill aye mayor Hanson aye [2:19:05] **Mayor Michele Hanson**: all eyes all right thank you um number 400 new business consider a joint Powers agreement with St Paul Park for law enforcement Services Chief Eastman is going to present this item she didn't know she looks surprised **Police Chief Laura Eastman**: good evening Madam American Council um yeah presented The Joint power agreement and the situation here is that with um the world the last few days years months it's been stressful on law enforcement to find adequate staff and so we're in a predicament in Saint Paul Park which is obviously in Washington County where they had staff retire move on to bigger agencies for more income and the Washington County Sheriff's office has been assisting St Paul Park if we back forward to uh 16 years ago there was a time when we met at a workshop Connie was there and we talked about Contracting with Washington County because for Staffing reasons at one time when I [2:19:52] **Police Chief Laura Eastman**: first took over so and the same thing happened up in Forest Lake you might recall that they almost contracted they were losing people and what have you the bottom line is they don't have enough staff right now to fulfill all of their shifts but they would like to keep their own Police Department because they believe that that's best for their city so what they did was they put this joint power agreement with the attorneys and they sent it out to all the agencies in Washington County so we're coming into the summer months and Washington County isn't available to cover all the summer months because people want to take vacations so I put it out to staff is anyone interested and a few people said that they would assist and so hopefully our agency with everybody else can keep them afloat until they can backfill those positions [2:20:38] **Police Chief Laura Eastman**: um you know the joint power agreements basically states that we would use our uniforms their squad cars their body worn cameras because their body worn cameras linked with their squad cameras and their computers we'd use our radios so basically we have a set um overtime rate to include the Health and Care insurance it's called FICA so we have a rate that comes out in fact our staff do use that same rate for tzd towards zero death for enforcement for state grants like seat belt enforcement that we get money from the state to do extra overtime to focus on DUI seat belt speeds what have you so we already have that rate so what would happen is I would keep track of it and this would be through until I retire because even when [2:21:23] **Police Chief Laura Eastman**: I'm on vacation I will be putting some hours in towards that so I'm not going to just vacation out when I leave at the end of July and give Jay an opportunity to do some interim um I will still be getting emails I'll still be doing a lot of the my stuff to figure out budget stuff and I would keep track of their shifts and then I would invoice them and that's basically what Sheriff story is doing right now so I think that covered it and and speaking of the chief she believed their squad cars would be less confusing too because they're seeing a lot different so if we pull up in their squad cars which makes sense because we'd be using their body worn cameras their computers that download but would be in your our uniform so they would know that we were from Washington County **Mayor Michele Hanson**: yeah and I I think that's all great and I would hope [2:22:10] **Mayor Michele Hanson**: that they would do that for us if it ever came to that so um the only thing that I questioned was it was not clear what was being what we were providing what they were providing the way it's written so I suggested some changes to the language because right now it says Bayport shell is solely responsible for um identifying supplying officers with equipment and supplies necessary to perform services including as Bayport deems appropriate squad cars and I was like wait we're using our cars that doesn't seem right and but we feel it was left open so that yeah you can see if the agency wanted to use theirs can we make this like actually match what we want to do though so that we know what we did so I never do it again and I did [2:22:55] **Police Chief Laura Eastman**: exactly what you said over the weekend I did it this morning but we wanted you guys to decide if there were any other changes before I brought it over to our attorney I've already changed what you required okay you know I think her thought was some of the like Washington County wants to use their own because they have their rifle mounted there like we have you know pepper ball those kind of things um so part of it was based on what your agency wants it doesn't mean that we can't bring our pepper ball weapon with us because it's a less lethal and it's it's sometimes better utilized in that versus a taser so I feel like they wrote it so it could hopefully apply to anyone but when you read it it's not clear what we actually are providing what we're not **Mayor Michele Hanson**: correct okay so you will make those changes I have [2:23:43] **Police Chief Laura Eastman**: but I want you you all the way in and I would send it back to them okay does anyone else have any comments or questions about you know I'll be honest I didn't spend as much time on this particular item as some of the other things um I remember not finding a date or doesn't it's right like this where you are I think it's September 7th or something but it's not it wasn't filled in okay it's right around in there but yeah the date is it said June 1st but it's actually June 6th or whenever we approve it right that it would actually start correct Madame mirror yes and it goes through the what end of September no it's like after Labor Day [2:24:29] **Mayor Michele Hanson**: that's filled in now too it is okay ahead of time but thank you to you that's good enough for me yeah yeah all right so no more questions or anything or do we have a motion **Deputy Mayor Ethan Gilmore**: I moved to approve the joint power agreement with St Paul Park law enforcement services with the changes that we talked about perfect just that you came from Ethan thank you all right um all those in favor aye aye aye anyone opposed all right thank you yeah thanks for bringing that to us Laura **Mayor Michele Hanson**: all right uh now we have the consider appointment for a new Public Works director this is going to be presented by Matt **City Administrator Matt Kline**: mayor members of the council as you already know um advertise for a new Public Works director a total of 12 applications were received of which uh four semi finalists were selected three were interviewed we have some good candidates um and we determine that uh Simon worth [2:25:54] **City Administrator Matt Kline**: was our candidate of choice he has accepted a conditional offer of employment at grade 10 step two pending a completed background investigation and obviously subject to city council approval uh Simon has over five years of progressive experience in the public works field I'm primarily working for the City of Lakeland and his tentative start date is probably early July um staff is recommending the city adopt a motion hiring Simon worth as Public Works director uh pending the background investigation and the terms negotiated during the hiring process stand for questions did you use just in Lakeland did you know him prior to this **City Administrator Matt Kline**: I did not he um took over the position probably about um maybe six months to a year after I have left first he was initially just their public or their water operator and then slowly took over different items as you got used to it including directing road construction projects treatment plant upgrades he's had his water tower experience so everything that we're kind of looking for **Mayor Michele Hanson**: thanks yeah I was able to actually be in on the interviews um just to kind of represent the council in there too we had um Josh eisinger from Public Works was there too to represent the staff down there and I think Simon is an excellent candidate [2:27:27] **Mayor Michele Hanson**: for us I think it's really nice that he has experience in a river town because we all know there's things like what came up tonight that you know like you have to understand a little bit more about how those things work and he just seemed like we kept saying he's a lot like Matt so in the in his experience and just I don't know so yeah I think it's going to be a really good fit and Josh was super excited about him being there too so he had actually he's a um a firefighter with Laura St Croix valley so Josh had been on one call with him and just saw how he worked in that situation and and um he had a ringing endorsement from Josh as well so **Councilmember Carl Bliss**: Kyle Peltier also yes I knew [2:28:14] **Councilmember Carl Bliss**: Simon when he was little we did oh yeah we played hockey with me okay when he was a little yeah so I think we're really lucky to have such a great fit for our city apply for this job so let's do a sense all right I'll move to approve the appointment of Simon worth as a new Public Works director at salary grade 10 step two pending a completed background investigation and with terms as negotiated during the hiring process and I'll second that motion **Mayor Michele Hanson**: awesome all right uh all in favor bye anyone oppose okay Matt will be so relieved let me finally get someone on so all [2:29:00] **Mayor Michele Hanson**: right because he won't be starting until probably the end of the month or something like that it most likely will depend **City Administrator Matt Kline**: I know the memo says July um it'll probably depend on whether he gave notice already okay um usually we recommend not giving notice before Council approves but that's up to the candidate yeah so okay let me plan on having him yeah he'll come to the next meeting absolutely you will be attending the next meeting awesome okay so now we're on to council liaison reports uh let's start on that end Connie **Councilmember Connie Doll**: I have nothing to report I was out of town in Michigan okay kind of unexpected **Mayor Michele Hanson**: all right that's fine and we usually get the update from Jill about what's going on [2:29:46] **Mayor Michele Hanson**: at the library so that's always helpful Ethan did you have a cable commission **Deputy Mayor Ethan Gilmore**: I did yes in May um we got our audit results back and red path issued an unqualified clean opinion not sure exactly what that means isn't that what we usually get too when we clean I'm assuming it's good yeah um two items noted lack of Ideal segregation of Duties as expected to be the size of our agency administrative completing all the accounting tasks the other one general ledger maintenance last year's audit identifying issue with posting deposits that have been resolved in a year um approval of disbursements and then we are looking to get a three-year extension with Comcast a franchise extension request I guess um there are some concerns about [2:30:32] **Deputy Mayor Ethan Gilmore**: going too far out based on the future of HD channels and SD channels but it's all stuff that you wouldn't even know unless you're there Crystal okay that's probably fine probably fine and then we're good all right that's what we that's what we talked about all right thanks John **Councilmember Orin Kipp**: uh no no meetings this Thursday or something yeah and you're able to go this time okay great okay yeah um so decal was May 11th um they talked about well a lot of it was you know Bar Crawl was getting ready so they were doing all that ice cream socials this Wednesday so if anybody wants to go go down to Lakeside for ice cream at while supplies last is that six I [2:31:17] **Councilmember Orin Kipp**: yeah six to eight which is the last day of school too so I think it's gonna be nice um and then the farmer's market starting next week and the garage sales went off this weekend too really nice I biked around town looking for them and Derby days is right on schedule it seems they get they're getting a lot of stuff done uh big thing is if you ever want to know where the events are that decal is putting on is go on their Facebook page because they have an event an actual event for every event that you can say you're going to and then you get a reminder the week before or the day before and however they had that signed up I also had the Planning Commission meeting on May 22nd um they voted on a new or the chair in [2:32:06] **Councilmember Orin Kipp**: the co-chair um it's still the same so Miss Kelly is the chair and Miss Siegfried Siegfried is the co-chair and then the two um that we went over the flood plan they approved bringing it to us and then the um yeah the one song I'm changing it to 125. and that's that's it **Mayor Michele Hanson**: all right thank you okay so I had quite a few things in Maine it was a busy month um I went to the Bayport fire department relief Association board meeting things are going great there they're doing a good job managing the money um also attended the facilities planning team meeting for the school district as a city representative um on that same night and then May 13th I went to the bar crawl which was super fun and I didn't have to actually like be in charge of anything I just got to go and have fun um and then I did the Public Works director interviews a couple days I also attended for us the chamber 101 because I'm an ambassador to the chamber because [2:33:18] **Mayor Michele Hanson**: I'm really trying harder to get them to remember that it's not all about Stillwater so and then I went to the chamber ribbon cutting for the legion they did one for their 100 years even though it was last year on the on May 18th like Elmo advisory airport airport advisory Commission on May 22nd they just recently finished um putting in a new longer Runway that they needed to make it safer for some of the planes to it was the like shortest runway in the state or something before they put in this new one so and then the old Runway is going to be used as a taxiway they actually have two runways that like crisscross um and they still have the one household that makes like 600 and some complaints each quarter um the other thing that I found really [2:34:04] **Mayor Michele Hanson**: interesting at that meeting was I did not know this but they have an aircraft viewing area so you can go and like it's open to the public go hang out and you can watch the planes take out and every meeting they'll do like a spotlight on one of the airport um users and so you get to kind of like there they go super friendly and they want you to come and visit them and stuff so go check out the hangers and the planes that especially young kids I think they would think it was really fun and they're actually on some of the other smaller airports they're doing some cool event but we don't get to have one at Lake Elmo this year so hopefully next year and then next month so this month was the spotlight on the city to so they do a different city that they Spotlight and to this time it was Oak Park Heights so we got a little background in what old Park Heights does [2:34:49] **Mayor Michele Hanson**: for their events and stuff which is kind of cute and next time it's our city so I had to put something together um I met with Mike Will helmy he's the community relations manager at Excel just to kind of get to know him on May 26th he reached out and I thought it's always good to know someone before you end up in a situation where you have to have some other like more professional meeting so we had a nice chat he actually lives in Bayport now so cool Memorial Day parade and ceremony was on May 29th um super beautiful day the ceremony was really nice so thank you to Jim Menard who plans all of that um we're our Lions Club wants to be in the parade next year so it's kind of exciting so hopefully we'll do that and [2:35:35] **Mayor Michele Hanson**: then um also attended the Minnesota small cities legislative recap webinar on May 30th just to kind of understand how things that passed in the legislature how that affected our city um and a lot of the the main takeaway I had is there was some funding that we're going to get which I think Matt summarized in an email to us some publishing safety funds and some other increased LGA which we need to be careful about being too reliant on but that was all kind of good news and then today I went to the Habitat for Humanity like opening I don't know what you call a ribbon cutting or something because the house is completed and they have a family set up it's over on Second Street and Second Avenue basically let's say [2:36:22] **Mayor Michele Hanson**: kind of in that kind of kitty corner from apparel Park um so my husband and I got to actually go help with that house at one point we I did some painting and he put siding up and um the CEO of Habitat for Humanity is former mayor Chris Coleman so I got to meet him today as well so nice event Anderson Windows does a lot to contribute monetarily and with Windows and with staff to do those those homes and that's our second one now in Bayport and they are I was looking for more homes and we talked about maybe highlighting that in our next newsletter talking about how old people can help with things and if they have a home to sell to maybe sell it to sell it so that's it for me and all [2:37:09] **Mayor Michele Hanson**: right now Matt you want to call on call on all the staff that's here and mayor thanks **City Administrator Matt Kline**: um in the interest of time uh okay unless the chief really wants to talk nope no okay good um I can run through a couple of things perfect um we did have a school relocation discussion tonight at um the workshop and just reiterate again that our plan is to have a public forum on June 21st at 6 to 8 p.m at the library postcards and multiple different other public engagement will be sent out to verify that um as the Merit indicated State Legislature it was one of the biggest [2:37:57] **City Administrator Matt Kline**: um spending sessions ever um we received one-time Public Safety funding which can be used for police and fire we also had a significant bump in local government Aid there's also new requirements for Family and Medical Leave of course cannabis was legalized and there's also money available for lead water line mitigation which Bayport has more galvanized lines than per se lead lines but there are gooseneck connections that are connecting the galvanized line to the man and so hopefully we qualify for some of that money also um finally I'll be working on the budget here I've already um [2:38:42] **City Administrator Matt Kline**: sent it out to a couple of department heads to get moving on that and we'll be setting up a budget meeting rather soon a couple of days we should be looking at our June 12th is the farmers market kickoff at Village Green Park June 19th City excuse me city offices will be closed as its National Independence Day holiday Juneteenth and then that's all I stand for questions **Mayor Michele Hanson**: all right thanks Matt any questions no we're all ready to go I think okay um anyone have any other items or announcements they'd like to make city council no all right does anyone make a motion [2:39:31] [Music] **Councilmember Connie Doll**: I'll make a motion to adjourn **Mayor Michele Hanson**: all right all those in favor aye you want to post you don't want to hang out longer okay we are adjourned