This transcript appears to be from the **Bayport City Council** meeting on October 5, 2020. Please note: There is a discrepancy between your provided context list and the actual speakers in the recording. For example, the transcript roll call identifies **Susan Stanford** as Mayor and **Michelle Hanson** as a Councilmember (rather than Mayor). I have used the names and roles as they are explicitly identified within the meeting's roll call and dialogue for accuracy. **Speakers:** * **Mayor Susan Stanford** * **Councilmember Michelle Hanson** * **Councilmember Connie Carlson** * **Councilmember John Buckley** * **Councilmember John Dahl** * **Adam Bell:** City Administrator * **Chris Nelson:** City Attorney * **Matt Kline:** Public Works Director * **Sara Taylor:** Assistant City Administrator * **Chief Eastman:** Police Chief * **John Parody:** City Engineer *** [1:07] **Councilmember Connie Carlson:** The only question I had today that I didn't even call you because I didn't figure was um real important but like with the issue of the lowering the speed limit and stuff is that something that would take a lot for us or is that something that would just take a different ordinance or— [1:19] **Adam Bell:** Uh yeah so we'll go over that um the process has been simplified um we don't involve MnDOT um but there are some some variations that we'll go over and cost. [1:33] **Councilmember Connie Carlson:** Okay all right. How have you been? [1:36] **Adam Bell:** Good, good. Surviving. Every day is a blessing to be alive, leave it there. [1:42] **Councilmember Connie Carlson:** That's putting it mildly, yeah. Yeah, we had our first case of COVID at the preschool so—oh no, but we shut down the just the room that it's in is what we have to do and so it affected like 10 families which isn't too bad but it's still a whole process you've got to go through and dealing with the Minnesota Department of Health and and here I jinxed myself because on Friday last week I said, "Oh gosh, we made it through four months and haven't had to deal with anything." [4:35] **Mayor Susan Stanford:** Adam, are you ready? [4:37] **Adam Bell:** Yes, you're recording. [4:39] **Mayor Susan Stanford:** Okay cool. All right, well then I'd like to call to order the October 5th, 2020 Bayport City Council meeting and with that Adam, will you please call the roll? [4:51] **Adam Bell:** Carlson? **Councilmember Connie Carlson:** Here. **Adam Bell:** Buckley? **Councilmember John Buckley:** Here. **Adam Bell:** Dahl? **Councilmember John Dahl:** Present. **Adam Bell:** Hanson? **Councilmember Michelle Hanson:** Here. **Adam Bell:** All present. [5:02] **Mayor Susan Stanford:** Great. That takes us to the approval of tonight's agenda. Does anyone have any questions, comments, additions or would someone like to make a motion to approve? [5:11] **Councilmember Michelle Hanson:** I'll make a motion to approve tonight's agenda. [5:14] **Mayor Susan Stanford:** Thank you, Michelle. Is there a second? [5:16] **Councilmember John Buckley:** Thank you, John Buckley. [5:24] **Adam Bell:** Roll call... Councilmember Carlson? **Councilmember Connie Carlson:** Aye. **Adam Bell:** Councilmember Buckley? **Councilmember John Buckley:** Aye. **Adam Bell:** Councilmember Dahl? **Councilmember John Dahl:** Aye. **Adam Bell:** Councilmember Hanson? **Councilmember Michelle Hanson:** Aye. **Adam Bell:** Mayor Stanford? **Mayor Susan Stanford:** Aye. [5:45] **Mayor Susan Stanford:** All right, that takes us to proclamations, accommodations, petitions, and announcements. And the September recycling award recipient is Elizabeth Kelly at 298 4th Street North who will be awarded for her recycling efforts with funding made possible by a grant from Washington County. So thank you very much Elizabeth for recycling. That's the only item that's recorded for our proclamations area, so that will move us along to our open forum area. [6:09] **Mayor Susan Stanford:** Where we set aside 15 minutes of the meeting to address any topics that are off the agenda. Is there anyone in the with us tonight on Zoom that would like to address us or via the phone? [6:20] **Adam Bell:** Madam Mayor, I don't believe uh there's nobody waiting to be admitted um and I don't believe there's anybody uh non-staff or council. [6:28] **Mayor Susan Stanford:** Okay very good. Then we can move swiftly along to our consent agenda where we'll consider resolution adopting items one through eight. The August 24th 2020 City Council special meeting minutes; September 8th 2020 City Council workshop minutes; the September 8 2020 City Council regular meeting minutes; the September payables and receipts; September building, plumbing, mechanical, and zoning permits report; appointment of election judges for the general election on November 3rd 2020; a revision to bylaws of the Bayport Fire Department Relief Association related to pensions and benefits; and a special event application from the Cub and Boy Scout Troop 113 for the pumpkin and resales on October 10th and November 21st at the Village Green Park. Any questions or comments regarding the consent agenda? [7:26] **Councilmember Michelle Hanson:** Sorry, I just remembered that he sent an updated version of the fire relief thing and I didn't read it so I was just going to look at it really quickly and see what was different. Okay, were the changes noted in the new version or am I looking at the old version? [7:42] **Adam Bell:** Thank you, Madam Mayor. Councilmember Hanson, the update was actually for the recreational fires, not the relief association. [7:50] **Councilmember Michelle Hanson:** Oh okay! Yeah, I was gonna say—okay good. I'm like, I don't see any changes. Okay, thanks for clarifying. Sorry. No, I didn't read that, I just had already read this by the time you sent the notes, so I just want to make sure. [8:05] **Mayor Susan Stanford:** Okay so we are going to get a chance to discuss recreational fires as a Council then? [8:10] **Adam Bell:** Yeah, sorry for the confusion. [8:12] **Councilmember Michelle Hanson:** Sorry. I will uh make a motion— [8:15] **Mayor Susan Stanford:** No, just wait a second. I would like to um make one recommendation. Adam, may we start adding a working draft of our agendas on our websites like a week or so earlier than where they currently appear? I think that this would help improve communications and more transparency... since we're meeting remotely and it's not as easy for people to stop into City Hall, they could see a working draft and then we could provide on a given date every month... and then print a final one or post a final one closer to the meeting date. That way they could call in and ask questions or ask us as a Council with more time to have that bigger visibility to items that are on our agenda. [9:12] **Adam Bell:** Yes, that's something that uh we should be easily able to accommodate as you said, just with the caveat that it is subject to change. But uh staff typically meets two weeks before the meeting uh to kind of solidify the agenda with upcoming topics um so that should be no problem making that available. [9:32] **Mayor Susan Stanford:** Thank you, that would be super. Does anyone have any comments about that from the Council? Is everyone okay with that? [9:43] **Councilmember John Dahl:** Yeah, I think it's a great idea. [9:48] **Mayor Susan Stanford:** Good. All right, thank you. And with that then Michelle, back to you to approve the consent agenda. [9:55] **Councilmember Michelle Hanson:** I'll make a motion approving the consent agenda. [9:58] **Mayor Susan Stanford:** Okay, thank you. And a second? [10:00] **Councilmember John Dahl:** John Dahl. Thank you. [10:04] **Adam Bell:** Roll call please. Thank you Madam Mayor. Councilmember Hanson? **Councilmember Michelle Hanson:** Aye. **Adam Bell:** Councilmember Dahl? **Councilmember John Dahl:** Aye. **Adam Bell:** Councilmember Carlson? **Councilmember Connie Carlson:** Aye. **Adam Bell:** Councilmember Buckley? **Councilmember John Buckley:** Aye. **Adam Bell:** Mayor Stanford? **Mayor Susan Stanford:** Aye. [10:29] **Mayor Susan Stanford:** All right, that takes us to our first item of unfinished business: to consider a proposal from Tennis Sanitation for the city's waste hauling contract. And I'll turn that over to Adam and Chris. [10:37] **Adam Bell:** Thank you, Madam Mayor. Um, staff has been going back and forth with Tennis. A proposed contract was included in the agenda packet... We do not have a final contract available for this evening, but we are getting close. There were a couple of items they wanted to further discuss. One of those is regarding the certification of the assessments for the delinquent bills. If you recall, that's something the city has been doing for quite some time. It is a time-consuming process for staff... What Tennis has proposed is essentially giving 60 days of a grace period, and then instead of assessing the bill, they propose disconnecting the service or stopping the service until the bill is paid. They use a collection agency in their other cities... One of their concerns was the carrying costs of those delinquent bills... Tennis really didn't want to have to carry those costs. [13:42] **Adam Bell:** There's been some concerns over trash accumulating if the residents can't get rid of their garbage... Tennis said they follow up with residents in a very timely manner, and having the threat of discontinuing service has a high rate of compliance. What I inquired with Tennis today was if the city would be willing to cover those carrying costs... basically, the hauler would invoice the city, we'd certify those, we'd assess them, but we would pay the hauler their delinquent costs sooner instead of waiting six months. [16:08] **Adam Bell:** The other item was regarding the larger recycling cart. If you recall, they had the 65-gallon recycling cart, whereas some other haulers had the 95-gallon. They were willing to provide a 95-gallon cart at no additional cost, but they requested that all residents have the same size... Keep in mind that with recycling being every week as opposed to every other week, perhaps the large cart size would not be required. [18:03] **Adam Bell:** So that's the other item I'd like input on. Also, the question tonight is what to do because we don't have a final contract. The Council has two options: discuss it and then postpone final approval until a special meeting, or authorize staff (being Attorney Nelson and myself) to finalize the contract if there are no other significant changes. [18:49] **Mayor Susan Stanford:** Are there any other questions regarding the contract itself that I can try to answer? Chris did review this in depth, and we also had the Minnesota Cities Insurance Trust provide input. [19:14] **Mayor Susan Stanford:** Michelle, do you want to lead off with questions? [19:21] **Councilmember Michelle Hanson:** I felt as I read through it a little confusion about this contract and what it covers in terms of what a residence is. Section 0.3.6 says a commercial structure is a building that contains five or more dwelling units, which was confusing because I thought a dwelling was a residence. But then points 4.2 and 10.3 refer to multi-family being three or more units. I feel like it needs to be consistent. [20:19] **Adam Bell:** Chris and I have been discussing updates to our trash hauling ordinance. Anything four units or less is considered residential. If there's an apartment complex with five or more, they're not required to use the city hauler. So in that range between two and four, those are considered multi-family but not necessarily commercial. [21:33] **Councilmember Michelle Hanson:** Gotcha, thanks for clarifying. I had another question about 15.3 under municipal facilities collection. It says in the event of a natural disaster, the contractor shall make dumpsters available at a price to be negotiated. I thought we might want a reasonable safeguard there so they aren't gouging us. [23:09] **Mayor Susan Stanford:** Adam, are we required to go through Tennis for dumpster service in a disaster? [23:25] **Chris Nelson:** Uh, no you wouldn't be required to. They would have to make them available to you, but there's nothing requiring you to contract with Tennis for that. We can absolutely add language like "at a reasonable price" or "market price." [24:14] **Councilmember Michelle Hanson:** My next question was on 19.1. I'm not sure how the yard waste is actually working. With Republic, you pay for the whole season no matter when you start. This 19.1 sounds like a monthly use. [25:34] **Adam Bell:** Their proposal is to add section 19.3: the contractor will offer an option for a one-time yard waste pickup. It would need to be pre-scheduled for Friday at 9:00 AM, using compostable bags. The charge is $4 per bag with an $8 minimum. [27:01] **Councilmember Michelle Hanson:** But it's picked up the following Monday? [27:03] **Adam Bell:** Yes. [27:06] **Councilmember Michelle Hanson:** That is more convenient. I feel like 19.1 isn't clear then. It should be written as an annual or seasonal fee if that's how they charge it. [28:16] **Adam Bell:** It is billed monthly, so you pay for it throughout the whole year even though the service is seasonal. [28:44] **Councilmember Connie Carlson:** Under Republic, I believe we paid a flat rate once a year, about $80. [30:19] **Councilmember Michelle Hanson:** The other question is, does each unit of a multi-family with four or fewer units need their own garbage and recycling bin, or could a duplex decide they only need one? [30:50] **Adam Bell:** That needs to be clarified in our ordinance. [32:41] **Chris Nelson:** I'm pulling up the ordinance now, but that is something that can be addressed in the solid waste ordinance. We can have the Council decide whether every single dwelling unit is required to have an individual refuse bin. [33:59] **Councilmember Michelle Hanson:** One last one: we talked about a contract for three and a half years so we don't switch haulers in the winter. Right now, it's set for three years. [34:41] **Adam Bell:** With Christmas, New Year's, and snow, moving containers is difficult. If the Council wants to extend it a few months to spring, we can. [37:46] **Councilmember John Dahl:** I agree that I don't like to see it end in December, but I think we've been working on this and it'd be nice to get some closure. If Adam and Chris feel like we could negotiate an extension later, I'm okay with going as is. [39:46] **Councilmember John Buckley:** I agree. We've been dealing with this for over two years. Go with the end of the contract, January 1st. [40:41] **Mayor Susan Stanford:** Connie, did you have questions? [40:45] **Councilmember Connie Carlson:** On the delinquent payments, Adam, you said there are about 20 families. I'd hate to see service cut off and garbage piling up in the alleyways. I'd prefer the city just continue on with the assessment for delinquent accounts. [43:14] **Adam Bell:** One thing I do know is there are cities where waste is rolled into yearly taxes, but I don't know that we're able to accommodate that right now. [44:38] **Councilmember John Dahl:** A quick question: their daily service hours are between 7:00 AM and 7:00 PM. Is that the same as our current hauler? [44:56] **Adam Bell:** Tennis actually asked for 6:30 AM to 7:00 PM today. [45:49] **Councilmember John Dahl:** I'm not at all comfortable with 6:30. 7:00 AM is early enough. Regarding recycling, I think sticking with the 65-gallon containers is enough if we're picking up every week. And for delinquent bills, if it's becoming a problem for staff, we need to find a way to nip it in the bud. [47:20] **Mayor Susan Stanford:** Do we currently impose a handling fee for assessments? [47:45] **Adam Bell:** We do. State statute limits it to 10% with a 6% interest. Staff would rather not do any assessments, but it's better than fielding calls about suspended service. [50:50] **Councilmember Michelle Hanson:** I actually thought it sounded like a pain for staff. Maybe service disruption would help people pay their bills. I wouldn't mind trying it for a year. [52:27] **Councilmember Connie Carlson:** Adam, do you feel that it would be an extreme overburden for the staff? [52:43] **Adam Bell:** No, I don't believe it would be overly burdensome. We're already doing some assessments for other utilities. [54:33] **Councilmember John Buckley:** I don't want to see service disrupted. I would go with the assessment like we did before and reevaluate after the first year. [56:19] **Mayor Susan Stanford:** Does everyone want to go in the direction John proposed? [56:28] **Councilmembers:** (Agreement) [56:39] **Councilmember Michelle Hanson:** With every-week pickup, 65-gallon is fine for recycling. I also don't want them starting at 6:30 AM. [1:02:45] **Mayor Susan Stanford:** And for the recycling sizes, we will make sure those who need smaller, lighter containers are accommodated. [1:03:52] **Chris Nelson:** To summarize the motion: Amend 15.3 for reasonable dumpster rates; amend 19.1 for monthly charges for yard waste; add 19.3 for one-time pickup; and amend 4.3 so service is not stopped but the city pays Tennis and then assesses the delinquent residents. [1:05:13] **Councilmember John Dahl:** I move to approve a three-year waste hauling contract with Tennis Sanitation from January 1, 2021, through December 31, 2023, with the changes noted by Attorney Nelson. [1:06:40] **Councilmember Connie Carlson:** I'll second John's motion. [1:07:05] **Adam Bell:** Roll call... (All members vote Aye). [1:07:22] **Mayor Susan Stanford:** Our next item is to consider an amendment to Chapter 30 regarding recreational fires. [1:07:37] **Adam Bell:** We've had increased inquiries because people are home more during the pandemic. The old ordinance was noon to midnight; the new one is 10:00 AM to midnight. We require dry clean firewood—no wet wood or smoke. At least someone 18 years of age must attend the fire. We changed the distance from 15 feet to 25 feet from any building to match state fire code. [1:12:45] **Councilmember John Buckley:** On the size, you say a maximum of 30 inches at the base and 24 inches in height. So a 36-inch fire is illegal? [1:13:30] **Adam Bell:** The 30 inches is more restrictive than state code (36 inches). We could move it up to 36. [1:15:35] **Councilmember John Buckley:** And the duration—one fire in a 24-hour period for no more than four hours. Why is that? [1:17:10] **Adam Bell:** That was a carryover from the existing ordinance. [1:18:03] **Councilmember Connie Carlson:** Four hours is on the short side. I'd be okay with six. [1:21:03] **Councilmember John Buckley:** I'd like to see it more lenient. Six hours, and more than once a day. If it's a nuisance, the police still have the teeth to stop it. [1:23:00] **Councilmember John Dahl:** For me, the biggest problem is smoldering fires. That should be added specifically as a nuisance. [1:24:41] **Chris Nelson:** Smoldering fires are covered by section 26.27 referenced there. [1:26:00] **Councilmember John Buckley:** I'd go with 36-inch diameter and 30-inch height. [1:27:18] **Councilmember Michelle Hanson:** We should probably stick to the 24-inch state height guideline if we can't be more lenient than state code. Let's do 36-inch diameter, 10:00 AM start, no more than six hours total per day, and clarify that paper/cardboard can be used for kindling. [1:30:11] **Chris Nelson:** Amendments are: 36-inch diameter for the fire and pit; add "plastic" to prohibited waste; no recreational fire allowed to burn for more than six hours per day; and clarify paper/cardboard is allowed for kindling. [1:31:52] **Councilmember Michelle Hanson:** I move that we adopt the new ordinance with those changes. [1:32:00] **Councilmember John Buckley:** Second. [1:32:06] **Adam Bell:** Roll call... (All members vote Aye). [1:32:32] **Mayor Susan Stanford:** Next is the consideration of speed limits within the city. [1:32:46] **Adam Bell:** In 2019, the legislature made it easier for cities to change speed limits to 25 MPH on residential streets without MnDOT approval. It would cost about $100 per sign to install. We have about 40 to 50 signs eventually. The engineering analysis would be about $3,500. [1:45:57] **Councilmember Michelle Hanson:** I'm not ready for that. 25 is still too fast. I'd rather see stop signs or yield signs. Once people have to stop, they'll choose Highway 95 instead of zooming through town. [1:48:15] **Councilmember John Buckley:** If they can come back with some options—stop signs, lower limits, or speed bumps—I'm with that. [1:49:50] **John Parody:** Mayor and Council... our traffic engineers can pull some information together for the next meeting. We can do a memo with pros and cons for various options so you can make a qualified decision. [1:55:10] **Councilmember Connie Carlson:** Library board met. They are open by appointment only. There are virtual music programs for kids starting this Thursday. They are waiting for the final facility master plan. [1:57:42] **Councilmember John Dahl:** Middle St. Croix Watershed meeting last month—nothing specific to Bayport to report. [1:58:04] **Mayor Susan Stanford:** Adam and I attended the Fire Advisory Committee meeting. I also visited a fire department training session to congratulate them on their 132nd anniversary. We also attended an East Metro Cities meeting regarding collective representation for small cities. [2:04:46] **Adam Bell:** Staff reports. Chief Eastman, do you have your report? [2:05:15] **Chief Eastman:** We continued extra patrols on 4th, 5th, and Main. We've had numerous complaints on Main Street. On Halloween, we will have reserves out with masks and gloves passing out glow necklaces and candy to keep everyone safe. [2:08:35] **Matt Kline:** Public works is prepping for winter. We are street sweeping. Paving on Highway 95 is done. Striping will occur this week. I'd like to thank Sam Schoolman for his Eagle Scout project on the City Hall landscaping and the Andersen Corporation legal department for cleaning up the land and water legacy area. [2:13:58] **Mayor Susan Stanford:** Are we addressing the Landucci trees that didn't meet the height spec? [2:14:48] **Adam Bell:** Yes. The developer planted 6- and 7-foot trees instead of the 8-foot minimum. We are demanding they plant 13 additional trees next spring to make up the difference. [2:21:28] **Sara Taylor:** The Land of Water Legacy project is progressing. Election preparation is underway; absentee voting began September 18th. I'm also serving as a liaison for the Highway 36 analysis and the Allen King plant decommissioning. [2:24:50] **Adam Bell:** Regarding the CARES Act funding, the school district sent a quote for $36,000 for Chromebooks. [2:29:08] **Councilmember Michelle Hanson:** I'm disappointed. They should have budgeted for Chromebooks already. I'd rather see that money go to tutoring for kids falling behind. [2:32:00] **Mayor Susan Stanford:** If this is just a reimbursement for something they already have on order, do we want to bring that money back into Bayport for our own expenses? [2:42:26] **Councilmember Michelle Hanson:** Yes. If it's just Chromebooks, I'm not in. That was their responsibility. [2:48:36] **Councilmember John Buckley:** Unless they come up with a better proposal, I say we utilize the money for the city. [2:49:10] **Mayor Susan Stanford:** Adam, get back to us after your meeting tomorrow and we can schedule a quick special meeting to decide. [2:54:10] **Adam Bell:** One last thing: we have several thousand dollars in unpaid water utility bills. I'd like to propose we assess those delinquent bills rather than shutting off water service. [2:57:32] **Councilmember John Buckley:** I agree. Do the same as the garbage and assess it. [3:00:10] **Councilmember Michelle Hanson:** I move we adjourn. **Councilmember John Buckley:** Second. (Meeting adjourned at 3:00:20)