This transcript features the Bayport City Council meeting from December 4, 2023. Based on the provided list of officials and the context of the dialogue, I have identified the speakers accordingly. Note: Some Councilmembers (Connie Carlson and a member referred to as "John") were not on your provided list but are identified by name in the dialogue and roll call; they have been labeled based on the audio context. *** [0:58] **(Background Noise)** [1:28] **(Background Noise)** [1:58] **(Background Noise)** [2:28] **(Background Noise)** [4:28] **(Background Noise)** [5:28] **(Background Noise)** [5:58] **(Background Noise)** [6:14] **Mayor Michele Hanson:** ...gave me a thumbs up he just didn't put it up there. Okay, all right. All right, I'd like to call to order the Bayport City Council meeting for December 4th, 2023. Let's all stand for the Pledge of Allegiance. (Pledge of Allegiance) All right, Matt, you want to call the role? [6:14] **City Administrator Matt Kline:** Councilmember Carlson? **Councilmember Connie Carlson:** Here. **Matt Kline:** Councilmember D? **Councilmember John D.:** Here. **Matt Kline:** Councilmember Gilmore? **Deputy Mayor Ethan Gilmore:** Here. **Matt Kline:** Councilmember Hill? **Councilmember Katie Hill:** Here. **Matt Kline:** Mayor? [7:01] **Mayor Michele Hanson:** Hanson here. All right, do we have a motion to approve tonight's agenda? **Connie Carlson:** I'll make a motion approving tonight's agenda. **Mayor Michele Hanson:** Thanks, Connie. **Katie Hill:** I'll second. **Mayor Michele Hanson:** All right, thanks Katie. All those in favor? (Aye) Opposed? All right, then we'll move on to proclamations, commendations, petitions, and announcements. The November recycling award recipient is Jonathan Barry at 309 Primrose Path. And then we also have a life-saving award for Officer Britney Lowski, and I assume Chief is going to—Chief's doing that? Okay, you're still standing way over there so I was wondering what's going on. [7:46] **Mayor Michele Hanson:** Okay, come on over. [7:58] **Police Chief Jay Jackson:** Madame Mayor, Councilmembers, for the third time we are presenting Officer Lowski with her life-saving award. As you recall the last one, she did CPR on a 5-year-old—was successful—and earlier this year in August, she once again was faced with having to do CPR on somebody, and he is probably here in the audience. Yay, thank you Scott and Jan for showing up for Britney. Here, I'll read you her award: On August 10th, Officer Lowski was dispatched to the Bayport Marina for a medical emergency with initial reports saying that a male was lying on the ground unconscious. Officer Lowski... [8:44] **Police Chief Jay Jackson:** ...arrived on scene and quickly determined the patient was experiencing a cardiac medical emergency and that he was not breathing. Officer Lowski immediately began CPR only 29 seconds after exiting her squad car. She continued CPR while assessing the scene, gathering medical history and information. Officer Lowski instructed a bystander to continue chest compressions while she got her AED from her squad car. She returned to the patient; the AED delivered a shock. Officer Lowski and others on scene alternated continuing chest compressions until Bayport Fire and Lakeview Ambulance arrived to take over care of the patient. Patient was transported via ambulance to the hospital where he was reported to be breathing and talking on his own less than an hour later. The patient has since recovered and, as I... [9:29] **Police Chief Jay Jackson:** ...mentioned, is here today. I commend Officer Lowski for her swift action which resulted in her saving a life. The City of Bayport appreciates your dedication to the public, our community, and our profession. I also have here with us behind me a manager from the Bayport Marina. Following this incident, she sent Chief Eastman and myself a text message and she gave me permission to read it. I thought it was kind of important. "Just want to let you know how much we appreciate Britney today. She did an amazing job and Scott has her to thank for saving his life. I let her know our appreciation too but wanted to share that with you too." Chief Eastman responded, "Thank you, she is a rock star." We all knew that. Couple things... [10:16] **Police Chief Jay Jackson:** ...is I told Britney, I think it was that day when you called me, I said, "I'm really sorry these things keep happening to you, but I'm also very glad they keep happening to you because the outcomes are amazing." With that, thank you very much. We have your award here. Sergeant Slinger and I are working on your plaque, which we will be moving to hopefully soon, so you will get that in the near future. Thank you. [10:58] **Police Chief Jay Jackson:** Awesome. I would also like to take this quick second to recognize Mr. Temple for assisting Officer Lowski. I do have a challenge coin here for you. [11:19] **Police Chief Jay Jackson:** As many of the officers here and rescue personnel know, obviously getting the AED is a crucial step and what ultimately saves life. So, by Mr. Temple taking over CPR, it allowed Britney that time that she needed to go back and get that, which ultimately is probably the one of the main things that helped save his life. So for that, I thank you for assisting us. Awesome, thank you. [11:51] **Mayor Michele Hanson:** Right. So, Britney, this just proves that you are where you're supposed to be. We're very happy that you're here. All right. Awesome. Okay, so now we will move on to—just like to step—oh yeah, this is a good time to do that. (Music/Applause) [12:22] **Mayor Michele Hanson:** Probably lost half your audience. I know. Thanks for coming, everybody. All right, next up is the Open Forum. This is a portion of the meeting to address the City Council on subjects typically that are not part of the agenda. Today we're going to allow some comments at this point about the Memorandum of Understanding (MOU) with the school district because I believe that's what the other half of the crowd is here for. The City Council may take action or reply at the time of the statement, or we may give direction to staff regarding investigation of comments expressed. Thanks, Sarah. Total of 15 minutes is allotted for public comment... [13:09] **Mayor Michele Hanson:** ...during the open forum. Is anyone here? If you'd like to come up and state your name and address, now is the time. **Kathy McQuillin:** Good evening, Kathy McQuillin, 1416 Street North, Bayport, Minnesota. I just have a couple of comments and I never know exactly which meeting it should be brought up at, so I want to be proactive versus reactive about Barker’s Alps and the new school. It's great the school, in my opinion, is going there. I'm just somewhat concerned about how much leeway the district is going to give to the school district for their exclusive use of any or all of the park. So please keep that in mind because I do... [13:55] **Kathy McQuillin:** ...definitely want that park open for me and others to use during the day. And then the one area I want to focus on is I looked at the map that came out of the proposed school parking lot, existing playground, ballpark, and my thing that's near and dear to my heart, which is the sledding hill. There is a sidewalk proposed to be changed. There's also, what I can tell, is the runoff pond is going to move further east because right now the runoff pond is directly across from the prison buildings and it looks like it's moving east aways. So that means that sidewalk is going to be lost. So I walked what I could see would... [14:42] **Kathy McQuillin:** ...be the new proposed sidewalk and you are going to be putting people on the sledding hill at risk. The sledding hill, as far as I have used—my grandchildren, my children have used—has five sledding options and also snowboarding. And where you're proposing to put this new sidewalk will have kids going down the hill right over that sidewalk, and when you go from snow to cleared pavement, that creates a safety issue and also takes away the enjoyment of the sledding hill. If you keep the current sidewalk that comes around the current parking and just move it a little bit, you're going to do two things: you're going to keep that sledding... [15:29] **Kathy McQuillin:** ...hill intact for a lot of reasons, but you're also going to have less of a cost because the proposed new sidewalk goes around the sledding hill, behind the baseball or softball diamonds, up by the houses, and then reconnects to the existing street sidewalk. You only have to make a minor change to get the sidewalk away from the new parking lot, but run along the side of the parking lot and hook up right away then to the existing sidewalk. It's going to cost less and I think it makes the most sense. So like I said, I don't know where that comes into play with the plans for the use of the park moving forward, but as we will continue to come here to say: please listen to us that live here, that use the... [16:15] **Kathy McQuillin:** ...park and please keep those sledding hills intact as they are. **Mayor Michele Hanson:** Kathy, can you say your address again? I'm sorry, I missed it. **Kathy McQuillin:** Sure, 141 6th Street North, Bayport. **Mayor Michele Hanson:** Okay. And just, I'd just like to make a quick comment on that. Just first of all, I appreciate that feedback because I haven't looked that closely at where the sidewalk was, because it is basically just a concept still and those are all details that still need to be worked out as specifics. So keeping in mind that we don't want to have a sidewalk at the bottom of the sledding hill is a very good point. So thank you for bringing that up. **Kathy McQuillin:** Sure. All right, thanks. [16:15] **Deputy Mayor Ethan Gilmore:** Just so we are clear, like, the park will never be closed to the public. It will always be open even during school hours. **Mayor Michele Hanson:** Yeah, that's stated. **Ethan Gilmore:** I just want to make sure because no matter where you... [17:01] **Ethan Gilmore:** ...want to go to the park, like, you can see it's all going to be open. **Kathy McQuillin:** Okay, we'll hold you to that. **Mayor Michele Hanson:** You can. We own that park. It's going to be a public park. **Kathy McQuillin:** Yeah, I just have visions of the school getting done at 4:00 and it's getting dark at 4 o'clock; you've then taken away the use of park with kids. **Ethan Gilmore:** I don't understand why you still say that when we just got done saying there's no—you are not prohibited from using that park at any time of the day. **Kathy McQuillin:** I think the language in the MOU is vague as to who's going to decide what it means for usage and hours. **Mayor Michele Hanson:** We changed in the— **Kathy McQuillin:** Oh, I've read it. I've read it. I still think it's vague. **Mayor Michele Hanson:** So that's—the only time that the park might be somewhat restricted is would be if the school contacts us... [17:46] **Mayor Michele Hanson:** ...and tries to use it, which they do now for like Derby Days—or not Derby Days, Diggy Dash—they might do things like that. But to actually take the part that's—it will never, it will never, never be closed during school hours unless there's something like that where, you know, the school is wanting to use one of the fields and they might apply for it. They have to reserve it just like anybody else would. **Kathy McQuillin:** Yeah. Yeah. Okay. **Mayor Michele Hanson:** All right. All right, very good. Thank you. Sorry if you didn't get that out of it, but that's what's there. [18:32] **Pam Johnson:** Good evening, my name is Pam Johnson. I live at 384 9th Street North right here in Bayport, and I do appreciate the Council allowing comments from the residents in regards to this MOU with the school district as it pertains to our city park... [18:32] **Pam Johnson:** ...Barker’s Alps. I do have some concerns and questions in regards to this. First of all, it seems as the city is moving forward with the school district when there's no detailed plan in place. If a resident were to seek approval for property development, building changes, or variances, would the Council require all of the details before granting approval? How is this situation any different? How are you, as City Council members, able to make a decision for our community without knowing what the exact plan is? For example, in number one, the size of the parking lot has not been determined. The district will collaborate with the city to determine the size necessary to meet their needs. That is what your thing says. How much land will the... [19:18] **Pam Johnson:** ...parking lot take? And is it going to be parkland, not church land or the land that they're looking at? If structures are to be relocated because of the size of the parking lot, exactly where will they be placed? If the walking paths get diverted, will they end up being placed at the bottom of the sledding hill as shown on the site diagram? So thank you for bringing that up. And again, how can the Council approve anything without knowing the specifics? Another question I would like to address is number four: the use of the park by the district. And like Kathy said, it does seem very vague to me as well. Please explain or expound on what the "exclusive use" is. It states that it is assumed by the district and the... [20:04] **Pam Johnson:** ...city that unless specific portions of the park are being used exclusively by the district, the facilities are open and accessible to the public during school hours. How is that going to be determined? How will the city have any control over that piece? And what does it mean—will our park end up like the city-owned playground next to the current Anderson Elementary, not available during school hours, after school care, summer care, or summer school? I hope not. Other concerns: What's the plan for traffic? How will our first responders get to the fire department if an emergency should occur during school arrival or departure times? The safety of our students and first responders should be considered. The suggestion that the first responders could take another... [20:49] **Pam Johnson:** ...route was made. God forbid it's your emergency when it takes the first responders extra minutes to arrive because they had to go a different route or they get slowed by traffic. If any children do end up walking, how are they going to navigate the new larger parking lot and traffic to safely get to the entrance of the school? In closing, I would like to ask the Council to remember that this land was sold to the city with restrictions on how it was to be used and saved for future generations for recreational and cultural use. Please don't let the school district take over our city park. Take more time to assess the situation and get detailed plans before approving any agreement on the commitments that others made before us and for us. Thank you. **Mayor Michele Hanson:** Thanks, Pam. [21:35] **Mayor Michele Hanson:** Thanks. All right, anyone else like to get up and speak? Doesn't have to be about that; it can be about anything. **Mary H.:** Yeah. Okay. I recently got some— **Mayor Michele Hanson:** Name and address, please. **Mary H.:** Mary H., address... I don't need to give my address. **Mayor Michele Hanson:** Yes, you do. You're on TV and everybody wants to know who you are. **Mary H.:** I don't need to give it. So, I'm here in regard to the Pavilion and on 5th Street here. I have a building permit that I requested from the data, and it is a building permit for the Pavilion... [22:22] **Mary H.:** ...construction that Matt submitted on October 18th, 2023. It has no number on it. I don't really know what this is, what kind of number... but any other— **Matt Kline:** Huh? What kind of number would you like to see? **Mary H.:** Well, if you have a building permit, doesn't it have a number on it? If you apply for a building permit from the city, it usually has a number on it. For example, some of the other things that I received had "BA" and had a number on it. [23:08] **Mary H.:** So, I was a little confused that most of the Pavilion was completed by October 18th, but the building permit was—you asked for a permit on October 18th. If you were getting a building permit for your garage, you would have the plans, you would have the permit, and the Planning Committee would have approved all of that. The city is the permit—very unusual about that. This is so strange. I got a Pavilion cost summary also. In it, it included, but did not... [23:56] **Mary H.:** ...include the donation from Siegfried, which was about $10,000. It did not include the cost of the wages incurred by the city—the wages of the people who dug and excavated. And the third thing that I have to say is I think there was conflict of interest in this with Connie Siegfried between the Mayor and Matt. She should not have been on the Planning—she's on the Planning Committee and she should have probably taken herself off of that committee in considering any of these issues that were... [24:44] **Mary H.:** ...concerned with the Pavilion. Also, there were no bids put out for the actual structure. None. The structure was well over $10,000 and you have to do that. **Mayor Michele Hanson:** Can we address any of these things? Because I feel like they're all easily explained and I don't want them to hang out there like there's actually something that was wrong, because there wasn't anything wrong with what happened with the Pavilion. So, yeah. **Matt Kline:** Madam Mayor, thank you. So, the first one: the building permit. It was determined that the city did need a building permit. We prepare plans and... [25:29] **Matt Kline:** ...specs, professionally done by the construction company essentially. And, you know, normally that's something that for like a street project we wouldn't pull a building permit. So, it was determined that we needed a building permit, so we pulled it after the fact. **Mary H.:** So who determined that, Matt? **Matt Kline:** What do you mean who determined it? **Mary H.:** You said it was determined. Who determined that you needed a building permit? **Matt Kline:** Well, the building inspector, because I emailed him and asked him. Okay, yeah. So, and then they collected enough information to determine that the building went up as provided on the plans and specs. **Mary H.:** Okay. And then what about the Planning Commission? **Matt Kline:** The Planning Commission had nothing to do with the Pavilion. **Mayor Michele Hanson:** Correct. Madam Mayor... [26:15] **Matt Kline:** ...the Planning Commission had nothing to do with it. **Mary H.:** And why not? **Matt Kline:** Because it wasn't outside of—it's not something that the Planning Commission takes into account for. That's not something that they—it's not a Park Commission. **Mary H.:** So, the Planning Commission has nothing to do with constructing a building in the park? **Matt Kline:** Nope. **Mary H.:** Okay. **Mayor Michele Hanson:** And then the bids? Do you want to explain why all bids were presented? They went out to three different companies for the structure. **Mary H.:** Which companies? When was that? **Matt Kline:** Siegfried Construction, Lift Bridge... that's for the construction of it, not bids on the actual building... [27:01] **Matt Kline:** ...the actual building. So, the actual building was purchased from St. Croix Recreation. It is listed under the state bid document as an item that you can purchase without going out for bids. That's why it's listed as a state bid document or state bid item. **Mary H.:** And how did you choose to do that instead of asking for bids? **Matt Kline:** We use St. Croix Recreation for a lot of capital improvement park items. And it's a legal process that you can use as long as it's on the state bid. **Mary H.:** And then can you tell me how many hours the city donated in man-hours? **Matt Kline:** You were provided that information, Mary. You... [27:47] **Mary H.:** ...gave me—you know what I don't understand is, in the information that you gave me, you gave me a list of the hours that Kyle had for two weeks. Were those all of the hours that Kyle used there? **Matt Kline:** I believe I highlighted them, Mary. Right? **Mary H.:** Can I give that—can I give that to you and you can tell me which ones are highlighted? **Mayor Michele Hanson:** Are these questions we could deal with then after—the specifics of the hours for Kyle? Yeah. Okay. Yeah. All right, thanks Mary. **Matt Kline:** And the conflict of interest—I think if there are any people on the Planning Committee and they become people that are giving construction bids, they need not to recuse... [28:34] **Mary H.:** ...themselves. I think that's highly suspicious, in my opinion. **Mayor Michele Hanson:** Well, just that didn't happen. So you're making something out of nothing. If that were to happen, they would recuse themselves, but there was no conflict of interest because the Planning Commission was not involved in making that decision. I got it, thanks. Anyone else? [28:34] **Asia Boehner:** Hi, my name is Asia Boehner. I am from Lakeland, 641 Quinlan. So I'm not from town, but I'm going to bring us back to Scott if I can. **Mayor Michele Hanson:** Okay, awesome. **Asia Boehner:** Sorry, I would have done it right away and I was waiting for a moment, and then you said "the school district," and so—that's okay. We just wanted to say a few things as well, if that's all right. **Mayor Michele Hanson:** Awesome. **Asia Boehner:** I'm going to... [29:20] **Asia Boehner:** ...read it just because it's been a long day. My family and I would not only like to recognize as we already did, but we would like to extend our deepest thank you to Officer Britney Lowski and the Bayport Police Department for your dedication as an officer and your commitment as an officer, as was clearly displayed with your other recommendations as well. Her caring and giving-her-all mentality is an asset to the people who live here in Bayport. Britney responded quickly to the call as we have heard, and we have since learned that she worked extremely hard in order to save my dad, to the point that she herself was out of breath. And that is dedication. He's a big man, much smaller... [30:07] **Asia Boehner:** ...than all he is, but that took a lot of work. Britney, we are forever grateful to you for your compassion, determination, and perseverance, and the skill that you have in your job in serving this—sorry, am I close enough to the mic? I should just talk louder. I'll use my teacher voice. We are all happy that you are here and we can share in honoring you in this way. Thank you very much for what you are doing and for doing it so well. Again, as has clearly been demonstrated with the other awards that you have received. We know that Britney did play a major role in this, but we can't go without acknowledging Josh Eisinger with the Bayport Fire Department as well as Chris and Alex... [30:53] **Asia Boehner:** ...Tom, Corey from the Bayport Marina for all being there, and the exceptional Lakeview Ambulance crew who did an amazing job as well. It was their teamwork together, and that was noted by the cardiology team at the University of Minnesota Fairview for being one of the best that they have seen. And if they could write a book on how it should be done to save a cardiac arrest patient, they would write down what they had there and teach that. Those were the legit words from the Cardiology Department as we were sitting there in tears. They're like, "If there was any way we could write this down on how to do it, that's how to do it." So thank you. It's because of each of you and your fast actions and your dedication to work with each other as a team that we were able... [31:40] **Asia Boehner:** ...to have Thanksgiving filled with laughter, making many memories. It's because of you that we were being able to share testimony of God's faithfulness and power. The doctors again had commented on how well you guys had done for us to have this outcome. And so we thank you. We thank you for working as a team to have the same goal even if you may have never met. We thank you. I assume none of you had started your day that day knowing you were going to be used by God in such a miraculous way, but by lunchtime you were a critical part in our ability to be here today to say thank you. **Police Chief Jay Jackson:** And I missed lunch! **Asia Boehner:** I actually think you ate... [32:26] **Asia Boehner:** ...lunch! You got lucky. The role that each of you played that day will forever live in our memories and we are eternally grateful. Thank you from the bottom of our heart for everything you do. You are in our prayers of gratitude as well as in our prayers of blessings for your family as well. You have blessed us with so much, and so we pray for those blessings for you guys as well. Thank you for your part in saving this man that we love so much. Thank you. (Applause) [33:02] **Mayor Michele Hanson:** Here I thought I was going to finally, like, get through one of her commendation awards without crying. Oh, I was like, "Oh, I did so good that time." We went out in the hallway, we said, "Hey, we didn't get me to cry." We gotta go back. Oh, that was nice to have you be able to joke. **Asia Boehner:** Yeah, exactly. **Mayor Michele Hanson:** Yeah, I get him in the car—share that story, you should have heard what he did to the poor— **Asia Boehner:** Okay, I will. No, no, no, no. Okay, so real quick—and they were, as he was in there and they told him to wiggle his toes and he didn't wiggle his toes even though the nurse knew he could, he didn't wiggle his toes. And so then the one nurse looks at his eyes and says, "He's smiling, smirking! He was smirking!" He has a smirk on his face. And so sure enough, he then... [33:49] **Asia Boehner:** ...wiggled his toes and actually moved his feet at the same time. **Mayor Michele Hanson:** Oh, he's a funny guy! **Asia Boehner:** He is, so yes, we've been joking. **Mayor Michele Hanson:** Blessings—story PG? **Asia Boehner:** Yeah, she picked a nice PG story, don't worry. All right, anyone else want to come up and make us cry or laugh or just inform us? Nothing? All right. Okay, we'll move on then. [34:35] **Ethan Gilmore:** What—? **Mayor Michele Hanson:** I'm like, you're going to talk again? You got more? Okay. **Ethan Gilmore:** Thank you. Let's—again, something—yes, of course you can. I know a lot of the people's concerns about the school, the parking lot. We've also voiced concerns because the way it looks on the map is about four times the size. I think John brought it up at the last meeting—I know not everybody was here—about that. So that'll be one thing: when we are working with the district, to keep that as small as possible and the least amount encroaching on the parkland, because that one will be somewhat on there. So that's one concern I know you guys had. And yeah, noticing the sidewalk is—I didn't even notice it! And like I said, this, you know, this is like super, you know, beginning stages of all the design stuff. The biggest thing we didn't want is to have any of the building or any of that encroaching on the—so it's basically the parking lot with moving... [35:21] **Ethan Gilmore:** ...some things. So yeah, I don't know, I just wanted to make sure that people knew that we weren't just like, "Yeah, just put a giant parking lot there." We definitely—that's one of our concerns is to keep that as small as it possibly can and maybe even move it over onto the district road or the district land if we can depending. So once we get to that point, we definitely will be advocates for the city and to keep the park as good as it is now. **Mayor Michele Hanson:** Thank you, Ethan. And I would encourage you all to stay for the discussion about the MOU because I do have some more feedback to make it even clearer and better, and I'm guessing there might be some from other people here too. So stick around for that, that would be great. Are you—one quick question? We have not closed the open forum, so come on up super quick. You got to state your name and address. **Dave Farr:** Dave Farr, 468 9th Street. Just... [36:10] **Dave Farr:** ...one quick question. I know we're talking about the parking lot, but the playground—have you discussed that? Is the school—are you going to put it on the school property or is that a plan? **Mayor Michele Hanson:** The school playground will be going on the school property. We will maintain our own playground on our property. **Dave Farr:** Yep. Thanks, Dave. **Mayor Michele Hanson:** Okay. So now we can move on to the Consent Agenda. We're going to consider a resolution adopting items 1 through 11: The November 13th, 2023 Joint City Council and Planning Commission Workshop minutes; November 13th, 2023 City Council regular meeting minutes; November payables and receipts; November building, plumbing... [36:56] **Mayor Michele Hanson:** ...mechanical, and zoning permits report; reappointment of Aaron Crowder to the Library Board; renewal of liquor and tobacco licenses for 2024; appointment of Interim Chief Jay Jackson as Chief for the Police Department—it just gets buried here in the consent agenda, an awesome thing; renewal of employee health and dental insurance policies; budgeted fund transfers for 2023; final letter of credit reduction request from Madam Holmes for Inspiration Fourth Edition; and then we're going to designate January 8th, 2024 as the next regular meeting for the City Council because we haven't got the schedule ready yet. So, do I have a motion to approve? **Ethan Gilmore:** I just want to maybe point... [37:42] **Ethan Gilmore:** ...something out you touched on a little bit: is the appointment of Chief Jay Jackson. So I just want to express gratitude to him and our previous Chief and our staff for how smooth the transition has been and what a great fit that Jay has made for us. And we really haven't skipped a beat without Laura—don't tell her that! So it's been fantastic. So thank you very much. **Mayor Michele Hanson:** And we didn't make it easy on him either. He had quite a bit of challenges and he did an awesome job. So we're very, very happy to have him on as full-time Chief. So thank you. **Councilmember John D.:** So I'll move to adopt the resolution as prepared. **Mayor Michele Hanson:** Thanks, John. **Ethan Gilmore:** Second. **Mayor Michele Hanson:** All right, thanks Ethan. Want to... [38:29] **Matt Kline:** Call the role. Councilmember Carlson? **Connie Carlson:** I. **Matt Kline:** Councilmember D? **John D.:** I. **Matt Kline:** Councilmember Gilmore? **Ethan Gilmore:** I. **Matt Kline:** Councilmember Hill? **Katie Hill:** I. **Matt Kline:** Mayor Hansen? **Mayor Michele Hanson:** I. All right, so that and we're on to the Public Hearings to certify past due utility bills to the property taxes. Open the public hearing for that, I guess, and ask anyone that wants to come up and speak on this subject to come up to the podium. **Matt Kline:** Mayor Hansen, I'll give a short about it. **Mayor Michele Hanson:** Yeah. **Matt Kline:** So, pursuant to Chapter 444 of the Minnesota State Statutes and Bayport City Code of Ordinances, property owners who have past due water and sewer bills are afforded... [39:16] **Matt Kline:** ...due process in order to clarify what their charges are. This due process includes this public hearing. They are also provided multiple opportunities through mail and phone calls making them known that they currently have a past due bill and that if it goes unpaid past the current City Council date of December 4th, that bill will get certified to their taxes. Attached is a list of the accounts. That list has actually gotten smaller. City Hall staff has been able to get three or four payments paid today just by making a couple quick phone calls. So that's what we... [40:01] **Matt Kline:** ...like to hear. Delinquent notices have been sent to customers over the past month. Staff is recommending that City Council accept the attached list of past due utility balances for certification to Washington County at the public hearing. Anybody here to protest or to appeal those past due balances, we are here to hear them. **Mayor Michele Hanson:** Okay, great. Thanks. Sorry, I skipped right over here. **Matt Kline:** No worries. **Mayor Michele Hanson:** Okay, is anyone here to speak on this? All right. Do I have a motion to close the public hearing? **Katie Hill:** I'll make a motion. **Mayor Michele Hanson:** Thanks, Katie. **Ethan Gilmore:** Second. **Mayor Michele Hanson:** Okay. All right, all those in favor? [40:52] **Mayor Michele Hanson:** (Music) I. Okay. Then I need a motion to approve the certification of past due utility bills to property taxes as presented. **Connie Carlson:** You can say "so moved" and just make the motion to certify the past due bills. **John D.:** Second. **Mayor Michele Hanson:** All right, Connie and John, thank you. What kind of a vote do we need on this? **Matt Kline:** Just a motion. **Mayor Michele Hanson:** Just a motion, that's it? Okay. All those in favor? (Aye) Anyone opposed? Okay, awesome. There's no unfinished business, so now we'll move on to New Business where we discuss a revised draft of the Memorandum of Understanding outlining terms of shared use for Barker’s Alps Park with the Stillwater Area Public Schools. So Matt's... [41:39] **Matt Kline:** ...going to present the item. Thank you, Madam Mayor, members of the Council. As you recall, the Stillwater Area School District has executed a letter of intent with what was the Peoples Congregational Church to purchase 10 acres adjacent to Barker’s Alps Park. Initially, the school had looked at possibly purchasing a portion of the park, but this opportunity presented itself and now we are presented with an opportunity to have a shared use with the school district. The City Council and Planning Commission held a joint workshop on November 13th to discuss the preliminary Memo of Understanding, or MOU, that had been drafted by the school district and... [42:25] **Matt Kline:** ...reviewed by city staff. There were a few revisions that were suggested and staff and the school district have incorporated them into the new strikethrough and redline version that is in the council packet. Some of the primary changes, if we're going through it, include: specification that annexation is required of the church parcel; specification that the parking lot size will be reasonably determined between the priorities with an emphasis on a need of stalls rather than the size of the lot; specification that the relocation of infrastructure and utilities shall be the responsibility of the district; specification that the city may seek reimbursement to complete work... [43:10] **Matt Kline:** ...that the district fails to perform—that's specific to snow removal, maintenance, different items like that. **Mayor Michele Hanson:** And charge them for that? **Matt Kline:** It gives us the ability to charge them back, yes. In section three there, it specifies the parking lot is open to the public during all park hours, given that the park's not open for 24 hours. And the city may designate parking stalls for public use during school hours if necessary. The thought there was that rather than make five spots designated specifically for park use during the day, it was better to see how that shared use... [43:57] **Matt Kline:** ...occurred, with the idea that there's still possibility of designating. Section four removes language pertaining to recreational and cultural activities—that language already was already specified in the "whereas" portion of the agreement and didn't necessarily have anything to do with the particular activities or events that were occurring. Sections five, six, and seven—just a couple of the highlights: the term is when the easement is recorded and the district no longer—or the district no longer owns or operates the public educational facility adjacent to the park. Essentially, if the school is no longer operated there, the park use would... [44:44] **Matt Kline:** ...revert back to the city. There would be no more agreement. And then a shared use agreement will also be executed after the MOU is drafted into an easement. There are certain parts of the MOU that wouldn't really fit into an easement agreement and so then we'd have a shared use agreement for some of those particulars. As everybody else has mentioned kind of from the Council, I would like to please note that the MOU does not address city design standards. These would be for such items as screening, lighting, traffic, or stormwater. There are all standards for these items, but that process would be continued in the annexation and then the development... [45:29] **Matt Kline:** ...review process essentially. So, throughout the annexation and the review process and the requirement for a conditional use permit, we would cover a majority of those items. I will say in fact I have a meeting on December 21st to meet with Washington County and the school district already set up to talk about traffic study and traffic—potential traffic issues at this site. So, city staff would recommend that the City Council consider the terms of the MOU as presented and provide direction accordingly. We're definitely open to suggestions about language in the MOU if there... [46:15] **Matt Kline:** ...are desired changes. **Mayor Michele Hanson:** All right, thanks Matt. Oh yes, sorry—one more thing. **Matt Kline:** City staff and school district staff is here to answer any questions. Oh yeah, Mark's here. **Mayor Michele Hanson:** All right, thank you. I think that makes it very clear that this is one step in a lot of steps of this process to make this whole school thing happen. And this is a very first step not only to show that yes, we're on board as a partner in this with the school district and we want to make this happen with the parking lot, but then there's going to be so many other steps along the way that has to—you know, that whole concept plan of what's going to happen, where we're going to move things, all that happens as well. And there's room for things and I'm not—I'm not concerned about that. I don't know if anyone else on the Council's concerned about where the Pavilion is... [47:01] **Mayor Michele Hanson:** ...going to go or those kinds of things. I've walked it and I feel like we can work these things out. What else did I want to say? Before—that was it. But I guess there might be a tiny bit of confusion, too, where it says the term will end when an easement is recorded. Just that again, that's just the way the process works, from my understanding. This is a Memorandum of Understanding and then eventually it will be replaced by an easement that will also have that other—what's the other thing called that goes with it that will explain some of the other things? You want to explain a little bit about the legal process of that because I think that can be confusing. **Eric Larson (City Attorney):** Thank you, Mayor. Councilmembers... [47:47] **Eric Larson:** Eric Larson, Bayport City Attorney. A Memorandum of Understanding is that initial document that shows at least the basic guidelines that will govern the parties as you go forward with the project. I just want to underscore what the Mayor had indicated, also your City Administrator, is that this MOU does not in any way replace the traditional land use, zoning regulations, and oversight and discretion of the city. So what this is, is really an agreement between the district and the city as far as: okay, what is the district's use going to be in conjunction with their plans to acquire property and then... [48:32] **Eric Larson:** ...build the school. So again, it's that initial document. Once the school has been designed further along, then the parties will have a better understanding of really where is this parking lot going to be? What is going to be—a greater understanding of the needs of both the city as well as the school? At that point, what you would enter into is going to be two agreements. One having to do with the parking lot—that's the easement agreement that would be recorded with the County Recorder's Office and will run with the land. The second agreement is going to be separate from the parking lot and that will be: okay, what is going to be the school's use of... [49:18] **Eric Larson:** ...that park and to ensure that it is a public park and so forth? What are going to be the guidelines and restrictions and the process and the notifications and so forth that the district will have to do working with the city to both accommodate the school's use of the park, but also to ensure that indeed it continues to be a public park? Once those two agreements are entered into, the MOU has fulfilled its function and will cease to exist because now you have those two agreements that are now governing this park. **Mayor Michele Hanson:** Thank you. So a lot of what's here is then going to be in those documents instead? **Eric Larson:** Because, yeah, and that's exactly what it says—substantially the same. The shared use will be substantially the same to the MOU and the easement will be... [50:04] **Eric Larson:** ...substantially the same. But of course, we will have further details figured out as we have, of course, the site plan approvals and all those approvals and also have a better understanding of what the school district is going to do. And those details will help instruct the shared use agreement as well as the use. **Mayor Michele Hanson:** Okay, thanks for clarifying that. Does anyone have any—on the Council have any comments about any of the "whereas" statements, or should we start with point number one? **Connie Carlson:** I have a comment there that I'd like to make. **Mayor Michele Hanson:** Okay, there is—I already pointed out just some, like, the extra commas and things like that that aren't needed, so I'm not going to mention that. But I'm wondering if there's a way that we should have some... [50:50] **Mayor Michele Hanson:** ...language in there so it does explain if the district must relocate or reconstruct any city infrastructure, utilities, or park features including but not limited to the Pavilion, paved trails, electrical transformer, etc. I'm wondering if there's a way to work language in there it says they're responsible for all costs in doing that, but I want to make sure that what we're getting is at least the same or better than what's there right now. Is that just implied? So say they—our Pavilion ends up getting moved. I want to make sure that they're not building a worse-looking Pavilion than what we have. Does that make sense? And I would think it's implied that they wouldn't replace it with a shabbier looking Pavilion, but should we... [51:37] **Mayor Michele Hanson:** ...cover ourselves and make sure that's in here? And I don't know what that language would be. I didn't—sometimes I write language and think "oh let's change it to this" but I don't know how you'd say that. Is—can you—what does our attorney think about something like that? Do you understand what I'm trying to get at? **Eric Larson:** I believe so. You just want to make sure that you're having something that's going to be replaced of at least like kind, quality, if not better. **Mayor Michele Hanson:** Yeah. **Eric Larson:** And I was just—I mean, that the district on its own does not have discretion to relocate or reconstruct without city approval, so that authority is already there. **Mayor Michele Hanson:** Okay. Okay, good. But that's a good concern to be thinking about. **Eric Larson:** But you think we're covered? **Mayor Michele Hanson:** Okay, I get that. That makes sense. Thank you. In the interest of transparency, you are the author of this for the most part, Eric. **Eric Larson:** Let's—I don't remember where it came from, but I will tell you that I have looked at every single word and I substantially redlined at least the first version. So, let's just say that I had a hand in authoring this document. **Mayor Michele Hanson:** Fair, thank you. My next comment is at number three. **Ethan Gilmore:** I have one on number one. Can we add... [53:07] **Ethan Gilmore:** ...something that says that it will be like the minimum amount of spaces needed? You know, because I feel like that's a big concern that everyone has: is the parking lot and the size. And I have the same concern and the—it just says that we will talk about it together, but can we say we'll talk about it and use the minimum amount of spaces that are going to be needed? **Mayor Michele Hanson:** That's a really good point. It also says "to meet its needs" and that's not clear who the "it" is. **Ethan Gilmore:** Yeah. **Mayor Michele Hanson:** So I appreciate that comment. Change it to "both parties"? **Ethan Gilmore:** Yeah, "determine the size necessary to meet..." It reads like it's the district's needs. **Mayor Michele Hanson:** It does read that way, and I think that's a good, really good point. [53:53] **Mayor Michele Hanson:** So I would say if we change that, it's something that would incorporate both of us so we have a say in that. I mean, it sounds like we do, but obviously because it's on the land. So if I'm hearing it correctly, "with the city, determine the size necessary to meet both parties' needs." **Ethan Gilmore:** I like "both parties' needs." **Mayor Michele Hanson:** Do you feel like there should be something in there about like the "minimum amount necessary" or something like that, or we—? **Ethan Gilmore:** Well, it would ease a lot of people's minds when they are reading this, you know? And they're like, "Oh, they're just going to make a big old parking lot on our green spot." But really we want it as small as possible, too. I mean, that's our park, too. [54:40] **Ethan Gilmore:** "Determine the minimum size necessary to meet both parties' needs." Something like that. **Matt Kline:** I think—I don't want to speak for the school district. I mean, at some point we may want to hear from Mr. Drumhauer, but I mean I don't think they want to waste money on parking surface when they can use it for building or other amenities, right? It doesn't hurt to make it clear in here, though, if that would help ease people's minds. So what I'm hearing is: "to determine the minimum size necessary to meet both parties' needs and to meet construction specifications." **Ethan Gilmore:** Period. Yes, I like it. **Mayor Michele Hanson:** Perfect, thank you. All right. [55:25] **Mayor Michele Hanson:** Let's see. Oops, my phone fell asleep, I had my notes. Point—does anyone else have anything on one and two? I have the first sentence of number three. So right now it says "parking stalls shall be available for public use." It kind of suits the purpose, but I—it was weird that we took out the time frame. It used to say "during non-school hours" which again... so anyways, I thought maybe it should say two options: "parking stalls shall be available for public use during park hours" or just say "the parking lot shall be available for public use during park hours." Because I don't know why it says "parking stalls shall be available." I think it's because it was... [56:10] **Mayor Michele Hanson:** ...originally written that we were going to designate some of them. Just felt awkward that it was called "stalls" instead of the parking lot. But could have just been because we specified— **Matt Kline:** Yeah, we were specifying, I know. But then— **Matt Kline:** Madame Mayor? **Mayor Michele Hanson:** Yes. **Matt Kline:** Just for clarification on that point: the reason that we kept it essentially short and sweet is to not add language that could be confusing, right? We just wanted to make sure that all—that essentially the parking stalls that are there would be available for public use. We didn't feel the need to include that timing, "during school hours," "non-school hours," or anything like that. The indication would be that... [56:56] **Matt Kline:** ...they're available whenever the park is open. We didn't think clarification was required with that direct statement. **Mayor Michele Hanson:** Because it goes on to say "The District shall provide signage to..." if we do do the stalls, "to be available for the public using the park during school hours." So to me it just felt like it was kind of a—just a tiny little bit missing piece. It would just be clear if it says "during park hours." Like, so all the time, there will always be parking stalls for the public when the park is open. Just to make sure it's clear. **Matt Kline:** I don't see there's any harm in adding "during park hours." **Mayor Michele Hanson:** Clear, yeah. The easiest solution would just be to add "during park hours" onto the end of the sentence—the first sentence. "Parking stalls shall be available for public use during park hours" is what you're saying? Yeah. [57:53] **Mayor Michele Hanson:** Because otherwise it seems like it could be up for interpretation: "Well, when are they—when can the public use them?" So that's what I would—is anyone opposed to that? **Councilmembers:** No. **Mayor Michele Hanson:** Okay. Let's see, anything else in number three that anyone...? Not much there. So, number four. They need to reserve... I feel like it wasn't very clear there either. What did I...? Okay. "District staff and students shall be allowed to use the park during school hours." We need to get rid of the "for." "The District shall coordinate with the city to schedule specific locations within the park for exclusive use such... [58:39] **Mayor Michele Hanson:** ...as Pavilion, blah, when the District is undertaking activities for its staff and students." Oh, that was my concern. It says "during school hours" and I feel like that we should take that part off, because they may have an event that isn't during school hours, like the carnival. **Katie Hill:** Mhm. **Mayor Michele Hanson:** And they should have to say "we're going to use the park for that" when it's outside of school hours as well. **Matt Kline:** Yeah, which is probably, again, the city staff probably thought "well that's assumed everyone has to do that when it's not..." you know what I mean? **Mayor Michele Hanson:** But I feel like it would be clear if we took "during school hours" off of the end of that sentence. And it also comes up again later: "It is assumed by the District and the city that unless specific portions of the park are being used exclusively by the District, these... [59:26] **Mayor Michele Hanson:** ...facilities are open and accessible to the public during school hours." Or "public," I'm sorry. I feel like that should say—do I have it?—instead of "being exclusively used," it should say "reserved for exclusive use." Because that's the only time that they would ever have exclusive use, is if they're reserving it, which is the same as what it is now, really. Because it says "being used" unless specific portions of the park are being used exclusively by the District. It just—it sounds to me, and I could see how the public might interpret that to mean the District gets some sort of exclusive use of it, but they have to reserve it in order to do that. You know... [1:00:12] **Mayor Michele Hanson:** ...what I'm saying? So I feel like if it—I feel like what it said before, "reserved for exclusive use," was clearer than the change. And I'm not sure why— **Matt Kline:** Madam Mayor? Yes, so I think you're reading it in two different sentences, right? So "The District shall coordinate with the city to schedule specific locations within the park for exclusive use." You have to read it as a whole rather than individual sentences. Because if we're going to pick apart the whole thing, then each sentence is going to be open to interpretation, right? But if you read that they have to schedule it, then they're scheduled for the exclusive use of that portion where it's scheduled to be used. **Mayor Michele Hanson:** You see? Yeah, but I don't see why that's an improvement to make... [1:00:58] **Mayor Michele Hanson:** ...that change. **Matt Kline:** It's not a change, it's— **Mayor Michele Hanson:** It is a change. "Being used exclusively" is the new text instead of "reserved for exclusive use," which was more clear. **Matt Kline:** But not to argue the point, but I'm saying that the sentence before it— **Mayor Michele Hanson:** I understand the sentence before it says it, but that sentence—it's not an improvement to make the change is all I'm getting at. So I would say leave it as it was because it was clearer. So that, and same with—I wouldn't change "school" to "park" or "park" to "school" at the end of that sentence. It was clearer to say "during park hours" than to say "during school hours." **Matt Kline:** Madam Mayor, members of Council. So I think part of the reason that that little piece was changed is we... [1:01:47] **Matt Kline:** ...are trying to leave it open for potential classes who—and maybe we're mistaken in this—but potential classes who would just want to go outside and not have a specific area reserved or scheduled, right? So not using the ball field, say they want to go up to the sledding hill and have a class on top of the hill, not during sledding time, but to identify trees or go through the woods or go down the trail. And essentially what we wanted them to be able to do is have the exclusive use of their area but not necessarily have to reserve it, because having to reserve a teeny tiny... [1:02:32] **Matt Kline:** ...area somewhere in the park, if it's not the ball fields or some designated open space, it's going to be difficult, right? That's why we tried to write it down. **Mayor Michele Hanson:** Yeah, but the way that this is interpreted is exactly what the fear of the public is: is that if the school's using the park, that means they're using it exclusively. And the way I see it is the school district is like any other park user. For example, I was sledding with my kids last year at Barker’s Alps and somebody decided to go up and down the hill on their snowmobile last year. And so that interrupted our sledding, and sometimes stuff happens, right? And I would imagine it would be very much the same scenario. [1:03:19] **Mayor Michele Hanson:** To me, if the school district doesn't have it reserved for a specific thing, like the Razzle Dazzle Carnival—say a teacher wants to... it's a gorgeous day, let's go read our story on top of the hill. Great! But you might get interrupted. It's still a free-for-all the way I see it; it's a public park. Somebody needs to correct me if I'm misunderstanding how it is. If you don't have something reserved, you're welcome to use it, but somebody might come and turn their boom box up or whatever—hit golf! **Ethan Gilmore:** Yeah, and—but there's a respectful use of it just like at Perro Park. Would that happen right now if you guys are having gym there? People can respect that, right? And not come and decide they're... [1:04:05] **Ethan Gilmore:** ...going to play ball in the middle of gym or whatever, right? I mean, I just feel like people can get along, but the way this is written it feels like it could be interpreted that the District gets dibs over things, where I'm not sure that's the intent from our Council. Just say that—I don't know how you guys feel about that. **Matt Kline:** Well, Madam Mayor, I will say that that would be the intent by city staff, right? Not—you wrote it to say the dibs thing, or not to not give them exclusive use, but more to provide the public with at least some direction that: hey, it's a class there that's doing that. The hope would be that they would be left alone essentially, right? And to be able to proceed with... [1:04:50] **Matt Kline:** ...class. But I can see it both ways, absolutely. **Mayor Michele Hanson:** Yeah, I see what you're getting at, and I don't know if there's a way to write it that makes that more clear without making it extremely complicated, right? **Katie Hill:** And I was taking it how Matt was—that schools should be able to do their little tour if they want, but yet public can go up on the sledding—I mean, I guess I was taking it the way that it's open to the public and they can go there wherever unless it's reserved for like Diggy Dash or something like that. **Mayor Michele Hanson:** Otherwise—that's not what the intention is here, though. He took the "reserved" part out and has "just being used exclusively." So he meant they were having their little reading session on the hill, that means that you're no... [1:05:37] **Mayor Michele Hanson:** ...longer as a public person able to go in that area. "It is assumed by the District and the city that unless specific portions of the park are being used exclusively by the District, these facilities are open and accessible to the public during school hours." So unless they're being used exclusively. So to me that's saying the public is not welcome in that space where—and it could be interpreted as the whole park, which I don't want it to be. But I get that we're saying if they're sitting in this area, you don't need to go sit in that area. And I don't think anyone would do that. But I feel like it was written better—I liked the sentence before the changes: "It is assumed by the District and the city that unless specific portions of the park are reserved for exclusive use by the District, these facilities are... [1:06:24] **Mayor Michele Hanson:** ...open and accessible to the public during park hours," which includes school hours. I would have just left the sentence the way it was, but maybe there's a reason the District maybe didn't like it. **Matt Kline:** Madam Mayor, it wasn't the District. It was everybody trying to figure out the best language, right? I will say, and Sarah mentioned just now, that there are a fair amount of the park areas that can't essentially be reserved or we don't reserve them for, right? So I don't know how we would schedule a reservation for an exact spot like the top of the sledding hill or something like that. I think part of that played a role in that language. I get that the language is not great and we're definitely open... [1:07:09] **Matt Kline:** ...to suggestions, or even back to the drawing board on, you know, something specific. **Mayor Michele Hanson:** I mean, what are the actual things that could be reserved? The two fields and the Pavilion. **Matt Kline:** Yeah. **Mayor Michele Hanson:** So maybe if we write something that just says those are the only areas that can be reserved? I don't know if that makes it less confusing. **Matt Kline:** I don't think—I mean, we don't reserve the whole park, right? For family reunions or—they reserve it on Field Day, right? The whole park for Field Day. But we have discretion at that too. And the school district can't come to us and say, "Oh well we just want the whole park reserved for all of fall," you know? That's obviously not occurring. **Ethan Gilmore:** Just during the... [1:07:56] **Ethan Gilmore:** ...school year, we just want to reserve it all! **Mark Drumhauer (School District Rep):** I do—when they—like gym class goes to Perro and plays kickball because there's no scheduling, there's no— **Mayor Michele Hanson:** How—when they use the ice skate rink? **Matt Kline:** No. So that would be—that would be the other thing. Like, we're not going to restrict any class from going essentially and using an area. We just kind of wanted to make sure that they were not bothered by anybody that—and I guess the point there would be nobody's going to read this to determine "oh I can't walk up on the classroom," right? It's more on paper and for us in this room to make us feel good, right? **Mayor Michele Hanson:** It is, right? And so maybe it... [1:08:46] **Mayor Michele Hanson:** ...doesn't need to be in there at all. **Katie Hill:** Yeah, that's a good point. I was thinking the same thing. **Mayor Michele Hanson:** Or maybe it just needs to say "It is assumed that there will be respectful use of both parties," you know? Like we can respect each other's space basically. I don't know what that sentence is. Maybe—yeah, "legal ease" would sound better than what I would come up with. **Mark Drumhauer:** But just—the skate example was: we started that, we just send to get the city and say, "Hey, we want to skate these two weeks. Is it okay?" Great. And you—no one else on that. But there were many families when I was out there taking my classes out—there's many families that have their kids that skate with us. They skate with us, you know? Alone—we left them alone, we just kind of coexisted on the rink together. And it would happen more than once, you know? It just worked itself out. **Mayor Michele Hanson:** Yeah. One time last year skating, there was like a... [1:09:34] **Mayor Michele Hanson:** ...a team practicing as the kids were skating, and the kids loved it! The kids loved watching them hit the pucks really hard and, you know... so is it just to say like, "It is assumed by the District and the city that the park can be used mutually between two parties" or something like that? Like just—Eric, can you come up with something? She's desperately, desperately wanting a sentence that tells us—says what we— **Eric Larson:** I think this just underscoring the fact that this is an MOU and we're going to be—you know, this is an iterative process. I've been listening carefully because I think this is very helpful for when we actually put together the shared use agreement that will really govern... [1:10:19] **Eric Larson:** ...when the school's up and running. So right now we're dealing with, you know, these basic concepts and then trying to extrapolate through our fine, great imagination about both all the parade of horribles but also all the good too, and how do we make them all essentially be good and avoid all the parade of horribles. So, it's my way of delaying as far as get the language. **Mayor Michele Hanson:** I know! Okay, so what does that mean, Mr. Lawyer, as far as words? **Eric Larson:** I think, Mayor, you might have gotten to it. We could certainly keep the second sentence and return it to its original language... [1:11:05] **Eric Larson:** ...and then have a second sentence thereafter that: "It is assumed by the District and the city that unless specific portions of the park are being reserved, these facilities are open and accessible to the public." **Mayor Michele Hanson:** Did someone get that? And with an understanding that obviously the shared use agreement will, you know, replace this. And that's why I want to get the language here good now, because then it will be easy to make that shared use agreement, right? Because we already have it. It will make it easier. That's why I've been listening. Yes, exactly. **Mayor Michele Hanson:** Okay. [1:11:51] **Mayor Michele Hanson:** Um, so I guess I missed—like, I didn't write it down what you said. So I would love to have that language because—are we hoping that we're going to approve something tonight or can we have a whole another draft? I don't know what the schedule is. **Matt Kline:** Madame Mayor, you are—absolutely can approve it tonight if that is your desire. **Mayor Michele Hanson:** Yeah, but I don't know if I feel comfortable approving it unless we actually have the language for that sentence is what I'm getting at. **Eric Larson:** I wonder why I've been keeping note of the changes. So if we can get the changes all agreed to, then you could move and approve. Obviously, there's two parties to this, so hopefully the school district... [1:12:36] **Eric Larson:** ...would be fine with it. If not, we'd have to come back. **Matt Kline:** Yep. We can always indicate or ask Mark obviously what their—come on up, Mr. Drumhauer. **Mark Drumhauer:** Mark Drumhauer, Stillwater School District. Just wanted to just talk design process, update, timeline, just so you guys kind of know when we're coming back to you. Because a lot of this is just like, "well, they haven't designed it yet." You're right, 100%. Design starts in about three weeks. So the week of December 18th is when we get our first design team together. There'll be both Lake Elmo and Anderson design teams, one on Tuesday, one on Thursday. There are about 20 to 25 people on that group, that core group. There'll be classroom teachers, there'll be a few classroom teachers, there'll be representation... [1:13:21] **Mark Drumhauer:** ...from the specialist teachers: PE, music, media. Special education will be represented. Interventionist, social worker, there'll be parent representations, a paraprofessional, office staff, district office teaching and learning operations. There's a whole group of different people that will be represented within those design teams that will come together to start that work. And so we intentionally have our first meeting before winter break, come back after winter break, and it's kind of an every-other-week process. So we come back after winter break to continue those conversations after our second meeting—your time together. Then we'll start to tour some schools to take a look at some—what are other buildings in the metro area looking like? We'll do some of those tours, come back after that, and then start that design process. So right now we have it scheduled from... [1:14:08] **Mark Drumhauer:** ...the week of the 18th through about the end of March. That's just with the core design team. Then we're coming back to the City Council, at least to the city administration—we can take some advisement from where we want from there—just to talk about where we are: parking lot size, where the building is going to be. Matt made mention that we do have a meeting that week with Washington County, the watershed, the city, us, to start those conversations about traffic study, entrances—is it one entrance, is it two entrances? Just some of those things that are later in the design phase, we want to try to get ahead of that so we can incorporate that in our design teams. Then kind of after spring break in April and May, we get into user groups. And what we call user groups are really looking at specific sites within the building. So we'll take the gymnasium, for instance, and we'll... [1:14:53] **Mark Drumhauer:** ...have all the PE teachers from the elementary level come together and what that PE looks like in terms of striping on the floor—do we have basketball lines? Do we have volleyball lines? Are there four-square lines? Are there whatever that looks like? What's the striping on there? Storage, all that sort of stuff. Same thing: we'll bring our media center—or media specialists together, look at media centers; our art teachers together, look at art teachers; our classroom teachers—what do our kindergarten, first-grade classrooms look like? Take all the Anderson, all the Lake Elmo teachers together, have input, you know, down to the simple of where do they want outlets to be? You know? Where are our teaching spaces going to be? What's the teaching wall, what's not? Different spaces within that, so to really define and get every piece of that building well-thought-out and well-organized. But we'll be starting in December with the design team, kind of December through March, and then the user... [1:15:39] **Mark Drumhauer:** ...groups in April. And then have our, hopefully, our drawings ready for bid next summer, into early next fall. So I hope that provides some clarity of kind of where we are in our process. So then we can come back here and have future meetings about where we are and conversations, so kind of we think, you think, and we're all on the same page. **Mayor Michele Hanson:** You haven't selected an architect or anything? **Mark Drumhauer:** We do, yes. **Mayor Michele Hanson:** You do have? **Mark Drumhauer:** So it's the people who did the Northstar one in Hugo? **Mark Drumhauer:** Yes, it's WOLD Architects. **Mayor Michele Hanson:** And then what about the church property purchase process? **Mark Drumhauer:** We're working with Peoples Church about finalizing a purchase agreement with them. **Mayor Michele Hanson:** Okay. Because it sounds like that might not be till... [1:16:24] **Mark Drumhauer:** ...January. **Mark Drumhauer:** Uh, we have another meeting tomorrow to kind of see where we're at with that. **Mayor Michele Hanson:** Okay. Because all this—I mean, so ours is—we understand this is a tiny, tiny little part of this whole big, big part, but it's big for us, you know? It's a big deal because it's in our park. So that helps me feel comfortable saying: well, we don't have to do this tonight because you've got a lot of other things, a lot of other ducks to get in a row. And if this doesn't get approved till January, it's not a big deal. **Mark Drumhauer:** Yep. **Mayor Michele Hanson:** Would you agree? **Mark Drumhauer:** Yep. **Mayor Michele Hanson:** Okay. Because I would like to—we've done that before with the Short Term Rental ordinance where we said, "Oh yeah, we're going to make all these changes," and then we never really saw the final draft and it got approved with some confusion, I think, on understanding what we were intending. [1:17:09] **Mayor Michele Hanson:** So I'd rather work on that language, see it in black and white, and then approve it the next time. If that's okay—everyone okay? All right. So can we do that? Eric will write down what he said for number four and we'll work that into number four at some—for the next draft. **Eric Larson:** I actually think I've improved upon the language, but keep going. **Mayor Michele Hanson:** Oh, you think you have? Oh, you think you've even done better is what you're saying! Awesome. Okay. Give me time. **Eric Larson:** Give me time with—I will deliver hope. Let me see. Yeah. On the third sentence, I think it's clear to say "reserved for exclusive use." **Mayor Michele Hanson:** Yeah. Okay. Yeah. I think we're done with number four. And then I just said I have... [1:17:55] **Mayor Michele Hanson:** ...no idea what number six is telling me. So I would like legal—some translation of the "legal ease." What "indemnification" means, I guess. **Eric Larson:** Well, the indemnification clause is doing two things. One is it's just making it clear what's for the most part already established in law as far as your legal liabilities and responsibilities. But it does an additional thing in a protection especially for a property owner—and the city is a property owner with respect to the park—and that is making it clear that, especially with respect to the easement. Because now easement is just basically a long-term lease: the... [1:18:41] **Eric Larson:** ...right for someone to own and possess and use property that you own. And what a property owner generally does is make sure that the tenant, or the lessee, has insurance. And then the second thing they do is to make sure that that insurance lists you as the property owner as an additional insured. Okay, what does that mean pragmatically, in real terms? Means that if you get sued, what you do is you take that lawsuit or that claim and you hand it to your tenant and you say, "You go to your insurance company and your insurance company backs me up. They find the attorneys, they cover the claim, and so forth. It's your... [1:19:29] **Eric Larson:** ...responsibility." So that's what that whole paragraph called "indemnification" does. **Mayor Michele Hanson:** Is that only if something happens on the parking lot that is the easement portion of the park? **Eric Larson:** That's the insurance aspect. Otherwise, the school district is using the park in the same manner as any other public member. **Mayor Michele Hanson:** Okay, gotcha. Okay. Anyone else have comments, questions on the—? Thank you all for your patience with me and being very particular about how things are worded. **Eric Larson:** I should point out one other thing in the indemnification provision because it's very helpful and... [1:20:15] **Eric Larson:** ...something that all members of the public should know, as well as elected and appointed officials. And that is that in order to protect public monies by state law, there are particular tort cap liabilities as well as immunities. And that's what that last sentence is doing: is making sure that it's clear that the city continues to have its tort cap liabilities in place as well as its immunities, as well as the school district. So that's why you see that second sentence at the end. And that was language that I put in place. **Mayor Michele Hanson:** Number seven? Is that—you're on number six? **Eric Larson:** At the very— **Mayor Michele Hanson:** Oh, number six. That whole thing. I—so that sounded like something you wrote, Eric. **Eric Larson:** You're starting to get to know my... [1:21:03] **Eric Larson:** ...scrivener work pretty well. **Mayor Michele Hanson:** "Notwithstanding anything in the contract..." and—okay, I'll turn you into a lawyer yet! Yeah, right. And John's going to be a budget expert, right? Your favorite thing. So do we have to, like, move to table that for—make a motion to table for the next meeting? Or how do you want to proceed? **Matt Kline:** Madame Mayor, members of the Council. I think that would be appropriate, yes. **Mayor Michele Hanson:** Do we have a motion? **John D.:** I'll—I'll move to table the memorandum of understanding. **Mayor Michele Hanson:** Second, anyone? **Ethan Gilmore:** I'll second. **Mayor Michele Hanson:** All right, thanks John and Ethan. All those in favor? (Aye) Anyone opposed? All right, thanks for your patience with me... [1:21:50] **Mayor Michele Hanson:** ...and as long as there's not a rush, I think I feel better about making sure it's all the way we want it. All our I's are dotted and T's are crossed. Okay, great. So now we are at considering the amendment to Appendix D, the fee schedule for the Bayport City Code of Ordinances. And Sarah's going to present this to us. Thanks for coming, Mark. **Mark Drumhauer:** Thank you. **Mayor Michele Hanson:** Yeah, you're all free to leave if you'd like. You want us to give you a second to clear out? **Mary H. (Citizen):** Are there any members of City Council not taking—going to be at any of these meetings? Who represents the city of Bayport? **Mayor Michele Hanson:** We'll be represented later, I'm sure, but this is all internal: how they want things to look inside the classroom. Correct, Mark? **Mark Drumhauer:** Not at this point, but I'm sure at some point we will have— **Mayor Michele Hanson:** Yeah. Maybe you should invite Mary H. so she can see how it all works—the woman who was just asking all those questions! I'm just kidding. **Matt Kline:** Michelle, sorry. **Mayor Michele Hanson:** Okay. She should get invited, why not! All right, so another disruption. Okay, Sarah, sorry. [1:23:21] **Assistant City Administrator Sara Taylor:** Madame Mayor and members of the Council. Over the past few months, departments have reviewed various fees in our current fee schedule as well as costs associated with administering city services and/or operations. Only minor revisions are proposed to the fee schedule, which are summarized in the draft ordinance provided in your packet. An overview of the proposed revisions can be presented tonight individually if you'd like me to go through those; otherwise they are highlighted and included in red text throughout the draft ordinance. It's up to you if you'd like a guided review of those changes or if anybody has any questions, staff is here and happy to answer those. **Mayor Michele Hanson:** Thanks. I read through them, I don't have any questions. **Ethan Gilmore:** Yeah, I liked how you put who suggested it because that was helpful. It's like: "Oh, so Allan is saying we need to increase the charges for the..." you know, so you see the why behind it. [1:24:10] **Mayor Michele Hanson:** The only—there was one thing: we're upping the boat trailer permit parking to $20 a day, which I think is pretty much the going rate, if not more than that at other places. There was one, though, that I was wondering about. Now where is it? I think it was the what the residents are paying, but I can't find it because my computer keeps jumping all over the place. Oh, the picnic shelter. Where is that? On the top of page seven of the table that's pasted in here. It says that residents are going to pay now $40 for 50 people or fewer for each shelter. And I swear we just—it seems like we just went over all these rates and I'm... [1:24:56] **Mayor Michele Hanson:** ...wondering why we're increasing that, but maybe it wasn't just—maybe time goes by really fast. **Sara Taylor:** Madame Mayor, the reason for that change is the last couple of years we've actually been decreasing the base fee that we get. So that is reflective of the base rental fee and tax. So in order to keep it an even number, the last couple of years it's—we've been getting less of that base fee and paying more in tax keeping it at the 35 or whatever the existing fee is. So over the last couple years it's been a dollar or two that we're losing, so we're raising it this year to make up for that difference. **Mayor Michele Hanson:** Oh, I see what you're saying. So $40 is after you've applied tax, so the base fee is actually that less... [1:25:41] **Mayor Michele Hanson:** ...tax. Okay. It's just—it's hard because, you know, our residents already pay taxes, so I hate raising those fees for them. For us—I mean, we're all residents too—but and it's just that one. That's the other thing: is it's just that one line item, it's not any of the other ones. So it kind of was—but it's only $5 so I just—it's fine. Okay. Any other discussion on the fee schedule? Anyone have a motion? **Ethan Gilmore:** Um, I'll move to approve an amendment to Appendix D, which... [1:26:27] **Ethan Gilmore:** ...is the fee schedule of Bayport City Code of Ordinances as it's been presented to us. **John D.:** Second. **Mayor Michele Hanson:** All right, thanks John and Ethan. I guess we need a roll call vote. **Matt Kline:** Thank you, Madam Mayor. Councilmember Carlson? **Connie Carlson:** I. **Matt Kline:** Councilmember D? **John D.:** I. **Matt Kline:** Councilmember Gilmore? **Ethan Gilmore:** I. **Matt Kline:** Councilmember Hill? **Katie Hill:** I. **Matt Kline:** Mayor Hansen? **Mayor Michele Hanson:** I. Passes. And now we're going to consider a resolution amending the city's Personnel Policy to comply with state law, new legislation, and mandated paid leave. And this is Matt? Or who is doing this one? [1:27:13] **Matt Kline:** Yep, I have this one, Madam Mayor. As Madam Mary indicated, this is a resolution to amend the current city's Personnel Policy. Two kind of larger items needed to be incorporated into the personnel policy: one related to the legislation around cannabis—the legalization—and then the other related to paid leave, which is essentially called the Earned Sick and Safe Time mandate. So while the legalization of cannabis does allow for personal use outside of work, the city can regulate cannabis to limit the impact to employees and workplace. What essentially this means is that the city can stipulate that the use, possession, impairment, sale, or transfer of cannabis is not allowed while... [1:28:01] **Matt Kline:** ...an employee is on city property, nor essentially can they be incapacitated. This is outlined in the personnel policy. Further stipulations in our DOT and non-DOT drug testing policy will be forthcoming. City just needed to get this portion into the policy because of the Earned Safe and Sick Time rule, so we had to move that process forward. It's likely that we'll bring the DOT and non-DOT drug testing policies, hopefully back in January. As far as the Earned Safe and Sick Time rule, it's likely that potentially a lot of you have heard about this or been affected by it—potentially looking at you, Connie. [1:28:48] **Connie Carlson:** Yeah. **Matt Kline:** So essentially, it requires time to be provided to any employee by state law who works greater than 80 hours a year. So for full-time employees, we already provide sick time that is over and above this rule, so our effect—got me all shook up! So we are not necessarily affected from a full-time staff viewpoint. However, our part-time staff who work for Library, Public Works, Police, and even the firefighters—who almost all work over 80 hours a year—will accrue sick time at one hour per 30 hours worked. [1:29:34] **Matt Kline:** So, there's part-time staff who work like a thousand hours at the Library, so however that's accrued, I believe that's like what—about 30 hours? So they accrue that up to 48 hours a year and then carry over to 80 hours at any given point in time. They do not get that paid out, the way we're doing it. There are different scenarios of providing this safe and sick time, but the way we're doing it, they do not get paid out; they can accumulate it to 80 hours and then they're allowed to use it much like sick time. So it's highly likely that our part-time staff will be using sick time at some point in time. So the... [1:30:20] **Matt Kline:** ...impact to the city budget is fairly minimal, especially with like Public Works. Public Works essentially if they're taking sick time, they're just not going to be there, but we've already accounted for their time so we wouldn't, like, hire another person to replace them. I did talk to Jill, too. She's going to have a minimal impact; if somebody calls in sick, she kind of already covers for the person who called in sick. And so from a budget standpoint, I don't know that the sick time is really going to affect us too much. I will say that we are still working through the sick time rule for Fire because it's very confusing on how they will be able to use it, but the hope is that there... [1:31:06] **Matt Kline:** ...will be further discussions in the legislature about ways that they can use it. We just want to make sure that they're earning it at this point; usage will come down the road when they have enough time to actually use it. So, currently the recommendation is that the City Council adopt the resolution revising the city's personnel policy as drafted to comply with the new state legislation and mandated paid leave requirements. I will stand for any questions on the changes. **Mayor Michele Hanson:** Thanks, Matt. Does anyone have any comments or questions about it? This is just kind of a, again, kind of a first step. We don't know all—well, we know some... [1:31:52] **Mayor Michele Hanson:** ...particulars, right? He mentioned there may be some things clarified by the legislature. I'm just making sure we're not putting the cart in front of the horse in any way. **John D.:** Councilmember D... so it is required that you start earning this January 1st, 2024? **Matt Kline:** So from that perspective, yes, we're required to present that. We picked the way that seems to be the easiest to essentially—just through it. And from 90% of its usage, other than the Fire Department—which would be the other 10%—it's pretty straightforward. Working through the Fire Department on how they can use it, especially that they're not full-time employees or even part-time employees... [1:32:39] **Matt Kline:** ...they're paid-on-call employees, will again hopefully come up in the legislature to give us more insight on that. So this was really a law that was aimed at more probably small businesses and locations that didn't offer it. Obviously, it did affect us, and probably rightly so with our part-time workers, right? I don't think based on all the questions that I've seen on the League website, listservs, everybody is asking the same firefighter questions: how do you accumulate it and how do you use it? So it's a big unanswered question at this point. So thanks. **Mayor Michele Hanson:** So, I assume the language that's added about the Earned Sick Time is just pretty... [1:33:28] **Mayor Michele Hanson:** ...standard? Like we didn't write that, right? We took it from somewhere else or? **Matt Kline:** Correct, Madam Mayor. It's essentially accumulation that way, yes. **Mayor Michele Hanson:** Although I asked you this in an email and I'm still not sure that I understand it, but we do say—because now we've added cannabis to the drugs, alcohol, and tobacco paragraph—it says "Further the use, possession, impairment, sale, or transfer of cannabis flower, etc., while they're working is prohibited," basically. Right? But then I thought about people who have a medical... [1:34:14] **Mayor Michele Hanson:** ...marijuana designation. How does that—I thought that they were not—like, there was discrimination against that was not allowed. And I just—I don't know how that fits legally. Like the use of it does—I guess I don't—I mean, I don't have a medical marijuana registration, but how does that work for them to get a job? **Eric Larson:** Mayor, Councilmembers, and so forth. This language is put together by our employment/labor law specialist, and represents also a number of municipalities and so forth. I'd have to go back and really check with her, but I feel fairly comfortable what we're dealing with here is a situation as with any type of use of controlled... [1:34:59] **Eric Larson:** ...substance. If you have, you know, a prescription, that would meet the, you know, the accommodations that would need to be used and so forth. But you cannot have individuals who are self-medicating or on their own deciding that that—that that is what they need to do. And that's what this prohibition is addressing. **Mayor Michele Hanson:** Okay, I just want to make sure we don't get in any legal trouble for that for someone who might have registration. **Eric Larson:** Nor do we want to get into legal problem on the other way, and that is not prohibiting. So I—I believe—I'm very confident that we have threaded the needle appropriately. **Mayor Michele Hanson:** Okay, thank you. Good question, thank you. **Ethan Gilmore:** Just occurred to me looking at this: does you... [1:35:46] **Ethan Gilmore:** ...know, it mentions drugs, alcohol, cannabis, and tobacco. Do we allow tobacco use, like, on city property if somebody smokes, or in a— **Matt Kline:** We do. **Ethan Gilmore:** —City vehicle or anything like that? **Matt Kline:** Well, not in the vehicle. So right—not in City vehicle. But as long as they meet our different setbacks and as long, obviously not in the building and different stuff like that. **Ethan Gilmore:** Okay. It isn't mentioned here and I thought... yeah, it was just—I was just curious what the rules are pertaining to traditional tobacco. **Sara Taylor:** Councilmember D, there is a paragraph there under the 3.06... it does say "The city observes and supports the... [1:36:31] **Sara Taylor:** ...Clean Air Act." And all City buildings and vehicles are designated as tobacco-free. **John D.:** Ah, okay. It's hard not to read looking for the word "tobacco" and it was— **Mayor Michele Hanson:** Gotcha, thank you. **John D.:** Thank you, sir. **Matt Kline:** You're welcome. Yeah, awesome. Any other comments or questions? Otherwise, we'll be looking for a (Music) motion. **John D.:** I'll move to approve a resolution adopting revisions to the city's personnel policy to comply with state law, new legislation, and mandated paid leave as it's been presented. **Ethan Gilmore:** I'll second. **Mayor Michele Hanson:** All right, John and Ethan again, thanks. All right, roll call. **Matt Kline:** Council... [1:37:16] **Matt Kline:** ...member Carlson? **Connie Carlson:** I. **Matt Kline:** Councilmember D? **John D.:** I. **Matt Kline:** Councilmember Gilmore? **Ethan Gilmore:** I. **Matt Kline:** Councilmember Hill? **Katie Hill:** I. **Matt Kline:** Mayor Hansen? **Mayor Michele Hanson:** I. So that has been approved. And then now, oh yay, the Truth in Taxation on the city budget and levy! Because we haven't seen this or heard about this enough. **Matt Kline:** You got two minutes! **Mayor Michele Hanson:** You got two minutes! Two minutes! So—kidding. **Matt Kline:** Madame Mayor, members of the Council. This will be roughly the same presentation that occurred in August. **John D.:** It's definitely not cold— **Mayor Michele Hanson:** This—Madame Mayor, members of Council... do you—is it warm in here or do you want—John's a little warm. I—I can feel it a little, my cheeks. Okay. Sarah will go adjust it. [1:38:03] **Mayor Michele Hanson:** Thank you. Better than being cold. I think it was so cold... **Matt Kline:** Yeah. Oh, I heard something. So we're just waiting on the presentation to go up on the screen. Okay, that's okay. Little old map right now. There we go. [1:38:32] **Matt Kline:** Perfect. I'll—I'll try and make this as quick and as painless as possible. Truth in Taxation requires that the city provide an opportunity to all residents to come and essentially plead their case about lower taxes. And so this is their opportunity. It doesn't appear that anyone presented tonight, and so we're just going to go through the budget just to give them an overview of what the process was and what our city budget looks like this year. So you've all seen this calendar before: June 2023, essentially the City Administrator... [1:39:17] **Matt Kline:** ...and department heads started going through the future costs for 2024. Department heads submitted budget requests, anything from Capital Improvement Plans to increased costs. And then on August 7th, the city conducted their first workshop to discuss the preliminary budget and then any capital improvement projects for the next year. And then finally, on August 30th, staff provided City Council with alternative options. If you remember right, I believe the original levy was somewhere around 10%, and we thought that that could be made happen essentially by drastic... [1:40:02] **Matt Kline:** ...increases in residential values. The residential values increased, but some extenuating circumstances such as—what were they? Yeah, I can't remember... just multiple items. So September 11th, city conducted a second workshop to discuss alternative options and then adopted the preliminary levy budget and CIP. On September 30th, City staff certified the preliminary tax levy and budget to Washington County. That allowed the county to essentially send out the actual tax impact to the residents. December 4th being tonight... [1:40:49] **Matt Kline:** ...city is currently conducting Truth in Taxation public meeting. It's not a public hearing, it's just a public meeting. And City Council will consider adoption of the final tax levy budget and CIP. December 29th is a deadline for a city to certify the final tax levy and budget to Washington County. Obviously, we provide a ton of city services, especially for a city our size. I'm not going to go through every single one, but based on what you're looking at, you can see that we do a lot of things here. Some of the significant budget factors—these some of these things obviously had an impact on us going from... [1:41:34] **Matt Kline:** ...the 10% budget down to the 6.58%. An increase in wages, increase in the residential housing market value helped our cause. But then an increase in property and liability insurance along with workers' compensation definitely used up a lot of that increase. This is the one I was looking for: the decrease in fiscal disparities. Essentially, it's a shared tax pool that the metro cities use when it comes to commercial properties. And so if your commercial properties are doing well, usually that means you get less fiscal disparities. And that was the case this year; our portion dropped by $40,000... [1:42:22] **Matt Kline:** ...likely because our commercial property was doing better than the other Twin Cities metro. We did receive a large increase in local government aid. We're crossing our fingers that that amount of aid will stick with us year to year. And then the library levy was a $9,500 increase, which is similar to what it's been the years past. We also plan for capital outlays—these are just the amounts that are set aside every year for different departments for equipment purchases, street reconstruction. If they aren't used in that particular year, especially for like the Fire Department equipment, they build up in order to... [1:43:09] **Matt Kline:** ...have a budget in five to six years to potentially purchase such items such as a ladder truck. The 2024 Revenue Summary—there is not a lot of increases in the revenue that aren't pretty straightforward. We did transfer in an extra $80,000; that means we're pulling that money in from our savings to pay for things on the Capital Improvement Plan, so potentially a fire truck that was needed. And then no other items of note. Then we come to the Budget... [1:43:57] **Matt Kline:** ...Expense Summary. You can see the increases to our budget, primarily in Administration, Municipal Buildings, and then Capital Outlay. These were all big ones. Police had a fairly sizable increase from a dollar amount. This all resulted in a final budget of 4,772,184, which year-over-year is a 6.58% increase. If we're comparing budgets year to year, you can see that from 2022 to 2024 we've had fairly somewhat of a rise... [1:44:43] **Matt Kline:** ...of increases. The big jump was from '21 to '22; that is mostly explained by how we went about budgeting, if you're wondering. Before 2022, we didn't put Capital Improvement purchases back into the budget and so we just set aside money and took it out of that. Whereas now, how we budget is to actually show the real expense for the whole year. So if we need money for that purchase, we'll bring money in from the revenue from the savings, just like we did this year with that $80,000. So that's the reason there's a big discrepancy there for the increase in... [1:45:28] **Matt Kline:** ...budget for that year. The tax levy summary—this is the amount that we actually levy for taxes from our residents. So, in the general fund $1,370,000, then General Obligation Debt Service—this is amount paid for the Fire Hall—and then our Library fund budget is $24,500. So for a total amount of 1,741,672, which is a year-over-year increase of 5.42%. Again, this is just a graph showing the increase year over year. [1:46:15] **Matt Kline:** Obviously a steady increase. This one is just a general comparison for city—surrounding cities. As you can see, Bayport's almost very in the middle, right? We've had about a 24.5% increase over the last four years essentially. Finally, the one of the final slides: the property tax rate. So that's the amount of taxes that are actually on your property tax bill that go towards the city. So of your property tax bill, 27.59% of it goes to city taxes. So that is a fairly small number and it's a 4.8%... [1:47:03] **Matt Kline:** ...decrease from 2023. With that said, that is a decrease, but it's likely that you will see on your property tax bill an increase to the city portion just based on the numbers indicated here. So, probably a median-value home of... [1:47:50] **Matt Kline:** ...in—that is—I'm always asking her for different numbers so that we can make sure that the impact is low to our residents—or as low as feasible. The budget ensures maintaining high quality of life for residents and property owners, and it also demonstrates responsibility with public resources and making important investments for the future. Obviously, one of the big things that we're looking for in this city is our infrastructure in the short and long term, and that plays a big role and one of our reasons that our budget is somewhat higher every year with that. There are three resolutions that will need to get passed tonight: one resolution is adopting... [1:48:37] **Matt Kline:** ...the 2024 tax levy, the next is adopting the 2024 budget, and then finally the adoption of the 2024 Capital Improvement Plan. I am open to questions. **Mayor Michele Hanson:** I guess we don't have the CIP anywhere. **Matt Kline:** It's included in your packet. **Mayor Michele Hanson:** Where is it? Oh, there—I had to go past the resolution pages. [1:49:15] **Matt Kline:** Madame Mayor, just of one note on the Capital Improvement Plan: it does list the full amount for the 4th Avenue North boat launch road essentially. That number does not take assessments into account. **Mayor Michele Hanson:** Why do we not do that? Like, why would we pretend we're going to have to have that much money set aside just because...? **Matt Kline:** It's difficult on a road project like that. It's a little easier where it's a 50/50 split, but on like sewer—when sewer and water is included, it becomes more difficult to accurately... because you can assess in different ways: length, different items like that. And so it becomes harder to... [1:50:01] **Matt Kline:** ...try and figure—it's just easier this way. I will say that it's likely in our financial management plan that we will be looking at—we'll probably have in the computer model different ways to model that possibility. **Mayor Michele Hanson:** I was thinking about how so now that we've—a few—couple years ago we changed so that the Capital Improvement projects that happen in that year are now part of that year's budget. That seems like it's going to make the—it could make the budget go up and down like crazy, because you may have a huge Capital Improvement project one year and then not the next year. So I kind of see why it wasn't part of it before because we do—we pull those monies out from savings basically to do... [1:50:46] **Mayor Michele Hanson:** ...that. But yeah, there's definitely pros and cons of including in the budget or not including it in the budget. **Matt Kline:** If you include it in the budget, then you can actually see real world what you're actually using. If you don't, it's definitely more streamlined, but you're not seeing that back-end purchase that's potentially reducing your savings and stuff like that. **Mayor Michele Hanson:** But then we actually base our tax increase or decrease on that Capital Improvement project, which may actually be being pulled from savings in—so we don't need that extra tax to increase the budget to meet it. Do you see what I'm getting at? **Matt Kline:** Yeah, absolutely! But that revenue, if you're bringing it from savings, is accounted in the revenue portion and that means the impact on the tax levy portion... **Mayor Michele Hanson:** Gotcha. **Matt Kline:** It yes, you're— **Mayor Michele Hanson:** Okay. I missed that. I didn't— **Matt Kline:** The budget will actually go up and down, but the levy portion, as you saw in the one slide, was much more even than the actual budget because you pull it into your revenue and then you're taking it out. **Mayor Michele Hanson:** Yep, gotcha. That makes sense. Thank you. [1:51:32] **Mayor Michele Hanson:** All right, any other questions or comments, or does someone want to start these motions in motion? **Connie Carlson:** Well, I—I have no comments, so I'll move to adopt the resolution establishing the levy for the 2024. **John D.:** Second. **Mayor Michele Hanson:** Thanks, Connie and John. Roll call. **Matt Kline:** Councilmember Carlson? **Connie Carlson:** I. **Matt Kline:** Councilmember D? **John D.:** I. **Matt Kline:** Councilmember Gilmore? **Ethan Gilmore:** I. **Matt Kline:** Councilmember Hill? **Katie Hill:** I. **Matt Kline:** Mayor Hansen? **Mayor Michele Hanson:** I. **Katie Hill:** I move to adopt the resolution establishing the budget of the 2024. **John D.:** Second. **Mayor Michele Hanson:** All right, thank you Katie and John. Roll call. **Matt Kline:** Councilmember Carlson? **Connie Carlson:** I. **Matt Kline:** Councilmember D? **John D.:** I. **Matt Kline:** Councilmember Gilmore? **Ethan Gilmore:** I. **Matt Kline:** Councilmember Hill? **Katie Hill:** I. **Matt Kline:** Mayor Hansen? **Mayor Michele Hanson:** I. Another one passes. **Ethan Gilmore:** I move to adopt the resolution establishing the Capital Improvement Plan for '24. **John D.:** Second! **Mayor Michele Hanson:** All right, thanks Ethan and John—that's some enthusiasm there! Roll call. **Matt Kline:** Councilmember Carlson? **Connie Carlson:** I. **Matt Kline:** Councilmember D? **John D.:** I. **Matt Kline:** Councilmember Gilmore? **Ethan Gilmore:** I. **Matt Kline:** Councilmember Hill? **Katie Hill:** I. **Matt Kline:** Mayor Hansen? **Mayor Michele Hanson:** I. [1:53:03] **Mayor Michele Hanson:** So all those passed. Thanks Matt, you did a nice job keeping it. All right, City Council Liaison Reports. Let's start with Connie. Always start with—do I? I feel like I start with Katie all the time. I don't know if you do or not. **Connie Carlson:** The Library Board met in November. They're trying to update a few of their policies, but for November... last Wednesday actually, they had a really cute program at the library. It was called "Lea’s Lunchbox Program." With the exception of getting applesauce all over the new ceiling, it was... [1:53:50] **Connie Carlson:** ...a cool little program. So I don't think Jill was expecting that. Anyway, and then as was listed in the consent agenda, Aaron Crowder has agreed to do another term. **Mayor Michele Hanson:** Awesome! Well, yeah, that's great. **Connie Carlson:** And then on the 12th at 10:30, instead of the normal story hour, they're going to have the Gingerbread Man band come—well, I think it's not really a Gingerbread Man, but it's going to be... he's not really made out of gingerbread. **Mayor Michele Hanson:** No, he's not. **Connie Carlson:** So anyway, don't tell the kids that! Well, he looks like he is. And then there was new furniture delivered to the library and put in place, so Jill is excited about that. They have some activities planned for... [1:54:35] **Connie Carlson:** ...the Lighting of the Green which... I was to give a shout-out to Kathy and Joe Ritzer for, which I think you already mentioned, but for taking it on. **Mayor Michele Hanson:** I think I did before the meeting started, but yeah. **Connie Carlson:** So thanking them. And then our next meeting will be on the 19th at 6:00. All right, thank you. **Ethan Gilmore:** Ethan? The Cable Commission—we did meet. We reviewed the proposed budget for next year and it sparked a few discussions: one being the Comcast franchise fee was down; they didn't understand why, so somebody was reaching out to look into that. Also, the sponsorships were down a little bit as well. So there are a few different... [1:55:20] **Ethan Gilmore:** ...ideas that we went through about trying to get new sponsorships. Next thing: the amount budgeted for rent was reduced quite a bit. They're potentially looking at relocating, dropping some space because there's not really in use—like, people aren't going there to use the space anymore. So they realized they can do it in a smaller space. During that conversation, somebody brought up there's a building in Stillwater that they might look into seeing if they could just move completely to there if that would end up being a cheaper option. And then two other things: they were looking at doing a new van—they decided against that; they're looking at getting a new—what is it called? Datronic scoreboard system to have that. I don't know how it all worked—I mean, they kind of described it—but it has to do with getting the... [1:56:06] **Ethan Gilmore:** ...scoreboard on the TV during the games and whatnot. So they were moving some money out of the CIP for that. And then also a new Master Controller, which apparently is kind of the lifeblood of the place, so they desperately need that. So they're looking at replacing that. Other than that, I think that's about it. **Mayor Michele Hanson:** Sounds like a productive meeting. **Ethan Gilmore:** Yeah, awesome. **John D.:** John? I just had—Matt shared a video with you guys. That was somewhat significant to us, and it's just more of a feather in the cap for us as a city that we're already are... [1:56:51] **John D.:** ...doing many of these things mentioned in the video. **Mayor Michele Hanson:** To clarify, it was a video that—was it one of the watersheds that made it? **John D.:** Management Organization, Angie... **Matt Kline:** Angie Hong. **Mayor Michele Hanson:** Yes! And so, yeah, so she works for the Washington Conservation or something, part of the county. And it was a video explaining how building in your community can affect the environment, kind of, and how you should be thinking about that. **John D.:** Right. If anybody's at home, it's on YouTube—it's really a cute video, it's pretty well done. It's—the title of it is "When Development Comes to Town." And so that's really all I have to share from Middle St. Croix Watershed. **Mayor Michele Hanson:** What's up with BCAL, Katie? **Katie Hill:** Uh, they had to meet in between our meetings... [1:57:38] **Katie Hill:** ...because our meeting was late last month and then earlier this month, so it's not till next week. And then the Planning Commission was our workshop that we had—joint work. We will be having the Lighting of the Green though on Wednesday, so that is at 6:30. **Mayor Michele Hanson:** Yep, 6:30. 6:30 to 8:00, and there's going to be hot chocolate and cookies, and Santa will come in the fire truck again! **Katie Hill:** Yeah, and there's—like she said, the library is having a scavenger hunt with flashlights, I guess, and then there's some craft, too, that I'm not exactly sure what it is for the kids. So lots of fun happening. **Mayor Michele Hanson:** Oh, the Vagabonds will be singing around the fire! And thank you to Public Works for getting... [1:58:24] **Mayor Michele Hanson:** ...everything set up, and the Bayport Community Action League for planning—specifically Kathy and Joe Ritzer in charge. But, and I will be there to lead the countdown and welcome everyone and we'll flip the switch and see how pretty it looks. So that'll be fun, so come at 6:30 to the Village Green. Okay, so my—it wasn't quite so bad this time because it was a shorter amount of time. I did miss the Fire Relief Association meeting because we were having our meeting that night, but it sounds like they worked out the whole writing of checks issue where the bank wasn't cashing checks to go to the right place for the Fire Relief versus the city. The big takeaway there, though, was I guess now the checks will be... [1:59:12] **Mayor Michele Hanson:** ...any check written to Bayport Fire Department will go into the Fire Relief account versus the city account. But then that affects the tax deduction status of that donation because the Fire Relief is a 501(c)(4). They donate to the city then you get the tax deduction for the donation—so a little bit of a complication with that that we'll just have to work through with some of those bigger donors, I guess. On the 27th I went to the Lake Elmo Airport Advisory Commission meeting. We're working on the noise abatement plan for the airport. Several residents came again to this meeting to complain about the noise of the airport. A lot of it is stemming from a... [1:59:58] **Mayor Michele Hanson:** ...much busier training facility—the Arrow Pilot—with... so you can go there and learn how to fly and they're just a much busier facility than I think has been there in the past. And then the airport—that they had extended one of the runways, so it's a little longer, which you'd think would be helping lift the planes up further. But anyway, so we're working through how we can work with the pilots to make it less loud and crazy for the people that live there. **Ethan Gilmore:** Shut—shut off the coast! **Mayor Michele Hanson:** Yeah, exactly. Well, it's the—it's the takeoffs that are louder than the landings because when you're—like when you land you're not running your engine, but when you're leaving you're gunning it, right? You're trying to get out. But there's some... [2:00:44] **Mayor Michele Hanson:** ...ideas to make that better. The thing is that the Lake Elmo airport doesn't really have a lot of authority over that; it's the FAA that really says what you can and can't do. So there's only so much we can do, and we can just advise the pilots and recommend things, but we really don't have any enforcement of that, I guess. On the 28th I went to the Excel King plant for a tour. They invited me—representative and Mayor Kowski. And I thought I would go look at it with a different... I'd gone—I don't know how many of you were on the Council when we went a few years ago, but they gave us a tour then, I don't know, five, six years ago. And this one was interesting because now I'm looking at it with the "what's... [2:01:31] **Mayor Michele Hanson:** ...going to stay and what's going to go." And quite a bit of it is actually going to be staying because it is going to remain as a substation for energy that is going to come from solar gardens in Wisconsin—that's their plan. They're still, I think, working on getting those bids and figuring out where in Wisconsin it would come from. And obviously there's a lot of stuff that has to happen to make that happen. What else was interesting about that? I don't know—the King Plant Advisory Group meets, too, and we learn a lot there. But oh, that was it! The smokestack is coming down, in case no one ever heard that when I've said that before. And it's not going to be imploded; it's going to be taken... [2:02:16] **Mayor Michele Hanson:** ...out not brick-by-brick, but section-by-section it'll be coming down. It'll be a very lengthy process, I guess, to remove it. And then went to the Chamber Ambassadors meeting on the 28th at the library. On the 29th, I met with Assistant Administrator Taylor and we talked a little bit about the welcome packets and thinking about maybe doing one for businesses because we don't have one—we just have the resident packet. And also she had the Office Support Specialist do a lot of research to figure out all the past mayors. So we're figuring out what to do with that information because we thought this is a community who likes their history and we thought we should have this history somewhere, right? Who... [2:03:01] **Mayor Michele Hanson:** ...who were—I ran into a person who used to be one of our mayors and I'd never heard of them! And I thought, "I should know the names of some of these former mayors." There aren't that many. And then we looked a little bit at the STR, the short-term rental application, which—the application itself now was much more simple because the ordinance is much more simple. And she did a great job of simplifying that. And then I had so much fun last Friday: I got to go to the elementary school and talk to the fifth graders about what a mayor does! So super fun. They had lots of cute questions. One of them was: "Turtle or tortoise?" I'm—anyway! So they they ask you anything. I know—I still didn't understand the question when I left. But... [2:03:50] **Mayor Michele Hanson:** ...and then they are going to—they were all sent information home to their parents about entering into the essay contest for the League of Minnesota Cities. "If you're a Mayor for a day, what would you do?" is the topic of the essay. And so we talked a little bit about that and they had some great ideas. So hopefully we get some good essays. And then at the city level, we're going to also collect those and offer a different prize. So if you—if they win at the League of Minnesota Cities level, they'll get $100 and there's multiple people that get chosen for that—it's not just one prize. And then we are going to do a $50 gift card to Mabel's so they can eat a lot of ice cream or take a lot of friends... [2:04:36] **Mayor Michele Hanson:** ...or take their friends or their family or whatever. So hopefully we get some submissions. And we may be asking for help with judging them if we get quite a few. I don't if anyone on the Council is interested in reading them and picking them or whatever, but we'll—we'll figure that out as it goes. That's not—they're due on December 12th, so if you have any fifth graders out there interested, it's actually fourth, fifth, or sixth grade can enter the League of Minnesota cities, but it was only the fifth graders that had showed interest when I reached out to those fourth and fifth graders here. And then of course, I meet weekly with Matt, which he just loves I'm sure! But keep up to date. So that was—that's mine, sorry. And then Staff and City Reports. Ma'am? [2:05:22] **Fire Chief Gabe Kinney:** Thank you, Madame Mayor. Good evening, Madame Mayor and Councilmembers. The November call volume was 86 compared to 82 in 2022. Our year-to-date in 2023 is 1,114 compared to 1,025 last year. Our monthly drills were fire department connections and alarms as well as incident command scenarios. Our fire inspections are ongoing as well as new plan reviews. We had our Washington County Fire Chiefs meeting, our Santa escort—and we want to thank the BCAL, Ace Hardware, Stillwater Motors for helping us with the cost for that, and it was a huge success this year. There's a lot of people down at the bank, Ace Hardware, and Stillwater Motors, and we... [2:06:07] **Gabe Kinney:** ...were well received. The ribbon cutting for Lakeview EMS—I don't know if you noticed the new building they remodeled on Osgood and 36 there? So that's going to be their new base station. My understanding, even though the hospital is going to be moving to the new potential new location, they're going to keep that one, which is great for us because it's central for us, so it helps us out great. We had a scout pack that toured our facility last week. We had made arrangements so we will be bringing Santa on Wednesday for the Lighting in the Green. And we have a DOC incident review next week. So I stand for any questions if anybody has any. **Mayor Michele Hanson:** No, that's good. Thank... [2:06:55] **Gabe Kinney:** ...you. **Police Chief Jay Jackson:** Newly appointed Police Chief Jackson! Yay. Madame Mayor, Council. I have a pretty short update. The first thing I want to start with is Toys for Tots donations. I have not put mine in there, but it will be going in tomorrow. We could use some help, it's pretty empty. I know times are tough for everybody, but if you can—a new package or in a brand new toy in this package can be donated. City Hall here, we do have another container at the—at Cdale and also the Department of Corrections and First State Bank all have locations you can donate. But I will tell you, here at City Hall, ours is empty. So if anybody has some time, please... [2:07:43] **Jay Jackson:** ...drop off a toy. The pickup date, just so they can facilitate getting—getting the toys out to kids—is December 8th is when we will be transporting them. So only a couple days left—please get out and drop off a toy here at City Hall, that would be greatly appreciated. Obviously we presented Officer Lowski with the life-saving award; I want to thank her for her dedication to this community. Upcoming events: we will be at the Lighting of the Green—myself and Officer Cornell with K9 Maizie, so hopefully everyone does come out. I will also be attending the incident debrief at the Department of Corrections with Chief Kinney and several of our other partners that responded to that... [2:08:30] **Jay Jackson:** ...large public safety incident we had there a while back. So our total case numbers as of November 28th is 6,289, and I will stand for any questions. **Mayor Michele Hanson:** Thank you, Chief. Thank you for your report. **Public Works Director Joe Hansen:** Thank you. Mayor, Madame Mayor, members of the Council. This month I would like to thank the Public Works crew—Josh Eisinger and Kyle Belcher—for all the work they did decorating the Village Green. It's going to look pretty special, looking forward to seeing how... [2:09:17] **Joe Hansen:** ...festive it looks at the—at the Lighting of the Green on December 6th. It's looking pretty festive down here in general: the banners were replaced, the wreaths are up, lights are up all along the boulevard. So thanks to those guys for all the hard work. We did receive the safety grant award this month. We did have water brought in from the main to the wellhouse in Village Green, which will help to support our industrial safety shower—that is a OSHA requirement—and that will also help to feed the irrigation that was installed at Village Green. "Why are we putting water into a wellhouse?" is a question that we might want answered. And the reason is... [2:10:03] **Joe Hansen:** ...the water that is pumped out of that wellhouse is potentially contaminated with TCE, and that is pumped up to the air stripper on top of the hill which it—helps to regulate that contamination and puts clean water into our main system. So we did not want to—we wanted to have treated water being used for, number one, irrigation and also for the industrial safety shower. And then also the shelter number one down at Lakeside is currently being re-roofed. It looks like it's pretty well completed; I would expect that by the end of the week that would be completed and that will complete all... [2:10:48] **Joe Hansen:** ...four of the shelters down at Lakeside. Go take a look, it looks pretty nice. Just a few miscellaneous things: we did put up the winter parking signs that we discussed at last meeting for the ordinance for winter parking. Plows have been prepped for winter. No snow in the forecast, so I'm assuming that Public Works group is pretty happy about that so far. Everything has kind of been winterized and that's really what we've been gearing towards the past month. And we are actually going to get another opportunity here this week to do some street sweeping. So with that, I stand for... [2:11:36] **Joe Hansen:** ...questions. **Mayor Michele Hanson:** Nothing, thanks. **Joe Hansen:** Thank you. **Assistant City Administrator Sara Taylor:** Madame Mayor, members of the Council. Over the past month, staff has been working on updates to the city's employee Personnel Policy to be in compliance with new legislation which were discussed earlier this evening. Liquor and tobacco license renewals that were approved tonight will be forwarded onto the state for final certification, and license certificates for 2024 will be delivered by the Police Department later in December. Waste hauler and contractor license renewals were also distributed over the past month, and pet license renewals will be also distributed in the coming weeks. Other permit license and application forms and handouts are in process of being updated... [2:12:23] **Sara Taylor:** ...for the new year and will be posted on the city's website by January 1st. Minor revisions to the fee schedule are also adopted this evening. And finally, the next edition of the city newsletter is in process and will be mailed either late December or early January. Stand for questions. **Mayor Michele Hanson:** All right, thanks Sara. Welcome. **Matt Kline:** Madame Mayor, I just have a couple of items. Succession planning was discussed at the workshop, primarily in regards to the Fire Department and admin staff. Staff seem to receive good direction from City Council and will be progressing towards outcomes in both. Also... [2:13:12] **Matt Kline:** ...it's been a mentioned about setting up a goals and priorities workshop for 2024, so we will tee that up for the one of items on the January workshop—try and fill the workshop more than have an extra 20 minutes at the end. And then Financial Management Plan rate study—staff has already been collecting data and will be meeting tomorrow with Northland Security to start that process, with the hope that we will have Council workshops in March and April and then a final report in early May to present to the Council. **Mayor Michele Hanson:** Thanks, very excited about that. All right, any questions for Matt? No? Okay. Anyone has any Council items or announcements? [2:14:00] **Katie Hill:** I have one just a quick one—I have one too that I wanted to say earlier. When people were talking about the school, the current playground that's at the school—the city doesn't own. The parent group purchased that for the school, so it's not a city park equipment. **Mayor Michele Hanson:** Just the land under? **Katie Hill:** The land underneath it is owned by the city, yes. **Mayor Michele Hanson:** Thanks for clarifying that. So, Bob Dickey from Peoples Congregational Church—now called St. Croix United Church—was not able to come today and he just wanted me to announce that their church is having a Red Cross blood drive on December 22nd from 9:30 to 3:00. Holiday season blood supplies are low as activities in travel decrease donation numbers. So you can... [2:14:48] **Mayor Michele Hanson:** ...call 1-800-RED-CROSS to schedule a donation. You can also go online and if you put in the zip code 55003, theirs will come up for the December 22nd. So it's handy right here in town if you want to give blood. And if anyone wants to help at the donation site, call Bob—and he actually does—he really want me to put his phone number out on the—? Well, he sent this to me, he said his number is 651-767-2533. So give them a call if you'd like to help. Otherwise, yeah, it is—it's a tough time of year for the blood donations. And they had a lot of times open when I went and signed up this morning, so hopefully they can fill them up. So that's it. Anyone else? All right, do we have a motion to... [2:15:34] **Mayor Michele Hanson:** ...adjourn? **Connie Carlson:** I'll make a motion to. **Mayor Michele Hanson:** Thanks, Connie. **John D.:** Second. **Mayor Michele Hanson:** Thanks, John. All those in favor? (Aye) All right, thanks guys. [2:16:16] **(Outro Audio)**