Based on the context provided, here is the transcribed townhall meeting with speaker names assigned. *Note: While the 2022 transcript contains names that may have changed since the recording (e.g., the City Administrator at the time was Adam Bell, and the Mayor was different), I have applied the names from your provided list (Michele Hanson as Mayor, Matt Kline as City Administrator, etc.) to the corresponding roles and context within the dialogue.* *** **[3:19] Mayor Michele Hanson:** I'd like to call to order the October 3rd 2022 Bayport city council meeting please join me in the Pledge of Allegiance. I pledge allegiance to the flag of the United States of America and to the Republic for which it stands one nation under God indivisible with liberty and justice for all. Matt, would you please call the roll? **[3:50] Matt Kline (City Administrator):** Mayor Hanson, here. Councilmember Bliss, here. Councilmember Kipp, here. Councilmember Hill, here. Councilmember Gilmore, here. All present. **[4:00] Mayor Michele Hanson:** Great that takes us to the approval of tonight's agenda. Does anyone have any changes, additions, questions? **[4:05] Councilmember Carl Bliss:** I do have one addition I would like to make. That's all right. Um, uh, I don't know where do we put it under? **[4:15] Matt Kline (City Administrator):** Councilmember Bliss, I would recommend, based on what you had told me earlier, to add an agenda item—a discussion item—at the end of the regular business. So it'll be a regular business item number three or new business item one. **[4:30] Councilmember Carl Bliss:** Okay. I'm like, where's regular business or unfinished? Unfinished business. Deciding number three. My system is to add discussion of the Landucci one-story restriction. **[4:54] Mayor Michele Hanson:** And with that can I make a motion that's an inspiration right? Yes okay I just want to make sure everybody at home knows so great and I'm glad you added that thank you. Anything else? Any other council members? All right would someone like to make a motion to approve with that addition? **[5:15] Councilmember Carl Bliss:** All right, so moved. **[5:20] Mayor Michele Hanson:** Thank you. Is there a second? **[5:22] Councilmember Orin Kipp:** Second. **[5:25] Mayor Michele Hanson:** Thank you for a second and I'll have no roll call so okay all in favor? Aye. **[5:39] Mayor Michele Hanson:** Okay great. Okay that takes us to our proclamations, accommodations, petitions and announcements. We only have one this evening and it is the September recycling award recipient of Christopher Grecian at 966 inspiration Parkway will be awarded for recycling efforts with a grant from Washington County. So thank you very much Mr. Grecian for your recycling efforts. That takes us to our open Forum portion of the meeting where we set aside 15 minutes for topics that are not on tonight's agenda. Does anyone have anything that they would like to come forward and discuss with the council? Okay then we can move right along to our consent agenda and we will consider a resolution adopting items one through eight: the September 12 2022 city council Workshop minutes; the September 12 2022 city council regular meeting minutes; September payables and receipts; September building, plumbing, mechanical and zoning permits report; the appointment of additional election judges for the November 8 2022 general election; award the quote for Peril Creek restoration project; the easement agreement for 206 and 240 Second Street North related to the Peril Creek restoration project; and pay application number two to Miller Excavating Inc for the 2021 box Culvert replacement project. Um, any questions or comments regarding the consent agenda? **[7:08] Councilmember Carl Bliss:** I'll make a motion to approve. **[7:13] Mayor Michele Hanson:** Thank you. Is there a second? **[7:15] Councilmember Ethan Gilmore:** I'll second. **[7:18] Mayor Michele Hanson:** Thank you. Roll call please. **[7:20] Matt Kline (City Administrator):** Councilmember Bliss, aye. Councilmember Kipp, aye. Councilmember Hill, aye. Councilmember Gilmore, aye. Mayor Hanson, aye. **[7:40] Mayor Michele Hanson:** We do not have a public hearing this evening so that takes us to our unfinished business where we now have three items. The first is to consider a memorandum of understanding with the Bayport American Legion for Centennial Pavilion project and authorize staff to proceed with with a centennial project. With that I'll turn the mic over to Matt. **[7:50] Matt Kline (City Administrator):** Thank you Madam Mayor, members of the Council. For the past several months over the last year, the city has been discussing different ways to commemorate the city's Centennial which is taking place here. This is the 100th year anniversary of the city holding election to change the name from South Stillwater to Bayport. I believe it was September 28th when that originally happened, so we just celebrated that. The name didn't take effect until January 1st of 1923. But as part of that discussion, the council has been—had come up with a concept for a pavilion, a Park Pavilion to be added at the Village Green. Councilmember Bliss, on behalf of the Bayport Community Action League, had contacted the American Legion and we've been working on coming up with more specific details on that. We have a design for a specific Pavilion with some cost estimates for the installation and the Council has seen those; they were included again as part of the packet. We also, staff for this meeting, had come up with a draft memorandum of understanding to have in conjunction with the American Legion. Because the city has not had the opportunity to speak to the American Legion directly, we thought it'd be good to invite a Legion representative to the city council meeting and discuss the project. So that's where we are today. Back in September, the council consensus at that time was to bring something more formal to the city council to vote on in order to authorize staff to move forward with this project. So with that I'd like to introduce Commander Corey Quick from the American Legion. **[11:04] Corey Quick (Commander, American Legion):** I am the current commander of the Bayport American Legion and when this project was brought to us a few months ago, we were really excited about you know, this is also our Centennial. We're looking for a way to partner with the city of Bayport to commemorate that in a very permanent structure and we think the Centennial Pavilion is a fantastic idea. I looked over your draft of your memorandum of understanding; it is exactly what we talked about in our executive committee meeting. I think that formulation would be sufficient to secure the funding from the Bayport Legion for the balance. We've already made one donation. We'll be amending our minutes in our October meeting to reflect that first installment will go directly to the city as well as subsequent installments. So we're really happy to support this if you have any questions for the legion. **[12:39] Mayor Michele Hanson:** I just want to clarify, going forward, are you sort of like good that someone's taking the lead and go for it, or are you guys wanting to have like a subcommittee that meets with someone from the city? **[13:00] Corey Quick (Commander, American Legion):** I think we're very happy to sort of be the silent partner in this. We of course are looking for some type of permanent plaque at the site that shows that we were equal partners in the construction. But we certainly don't want to get down in the weeds and start to talk about what we think the design should look like and landscaping, because believe me, the members of the Legion will talk about that for the next month and they will never agree. We definitely want to work with you on some kind of a groundbreaking. November 22nd will actually be our 100th anniversary and we're hosting an open house that night and we thought well maybe we can throw a golden shovel in the ground at that moment. **[15:01] Councilmember Carl Bliss:** I do have some BCAL members who are interested in joining a committee to help with some kind of a groundbreaking or a ceremony. I know I threw out an idea to you about an essay contest and I believe that's also on our agenda tonight to talk a little bit about. **[15:56] Mayor Michele Hanson:** Any other questions? I'm good. Thank you for coming. Thank you for being a good partner with us. **[16:43] Corey Quick (Commander, American Legion):** No, we look forward to continuing to be partners with the city of Bayport and the Bayport Committee Action League. We want to be a strong community resource. I'm gonna go home and have my dinner now. **[17:15] Mayor Michele Hanson:** Thank you. So, Matt, are you ready? Any other questions or comments? **[17:28] Matt Kline (City Administrator):** Madam Mayor, staff still needs to finalize the MOU. I have not had the opportunity to go over the fine details with the attorney yet. The staff's request is that the council authorizes staff to finalize the MOU and then authorize us to proceed with the project as we discussed. **[18:00] Tom Lunen (City Attorney):** The only comments that I would have had on the MOU—understand that it is just a memorandum of understanding, it's not necessarily a binding document—would be to potentially just cap a "do not exceed" amount on the MOU for both parties. I would also recommend adding an anticipated completion date. **[18:22] Mayor Michele Hanson:** We've talked about this project a lot for the last few months and I just I want to make sure people understand where I'm coming from. I think there's a lot of great ideas that come our way, and in this case it happens to be a pavilion. Whereas it's a really nice idea, the cost has greatly exceeded the initial conversations of donations and city contributions. The park dedication funds for Bayport are going to be dramatically reduced if not drying up once Inspiration is completed. I'm not comfortable with us adding another infrastructure to maintain or to redirect funds that we had dedicated for other projects. I sincerely appreciate the Legion and Commander Quick, but at this time with the city's portion around $58,000, I can't feel comfortable moving forward with it. But that's why there's always five council members and we'll just see where the vote shakes out. **[20:39] Councilmember Carl Bliss:** When you said to put a cap amount, do you think that that needs to be decided before we vote? **[20:55] Tom Lunen (City Attorney):** Technically how the agenda is written presently is not asking you to finalize and approve a final draft; it's directing staff to move forward. **[22:00] Councilmember Ethan Gilmore:** I was kind of remiss but I believe he talked about being 50/50 partners and I was trying to make sure that's spelled out in here somewhere. **[23:00] Tom Lunen (City Attorney):** I would actually just note, because it does bring up something the Legion had mentioned that probably should be updated: who is responsible for managing the project and overseeing it. **[23:55] Councilmember Carl Bliss:** What's the benefit of putting a completion date in there? I mean what if things happen that we can't abide by whatever date we put in there? **[24:10] Tom Lunen (City Attorney):** It just holds the parties accountable to say this is when we're going to have this done. **[25:10] Matt Kline (City Administrator):** Madam Mayor, the one thing with the MOU as noted is it's not a binding contract; it's an agreement to agree to do something. **[25:48] Councilmember Carl Bliss:** I do want to point out that we did do a community survey. We did a survey and it did come back with a majority—it was like 62 percent—that supported doing a Pavilion in the Village Green to commemorate our Centennial. I understand it wasn't in the CIP, but neither was the fact that it was our Centennial until the last minute. If we're going to commemorate it, it has to be now. I think we should be very appreciative of the fact that we're getting a structure for our residents to use. **[29:07] Mayor Michele Hanson:** I just have a different opinion on the long-term financial position for the city and the parks. We are very high park-per-capita. I'm just concerned with the funds from the park dedications running dry. But again I'm only one of five. Would someone like to make a motion? **[30:00] Councilmember Carl Bliss:** Moved to authorize staff to work with the Bayport American Legion to finalize a centennial project MOU as presented and proceed with the Centennial project. **[30:25] Councilmember Orin Kipp:** I'll second. **[30:30] Matt Kline (City Administrator):** Councilmember Bliss? **[30:35] Councilmember Carl Bliss:** Aye. **[30:40] Matt Kline (City Administrator):** Councilmember Gilmore? **[30:42] Councilmember Ethan Gilmore:** Aye. **[30:44] Matt Kline (City Administrator):** Councilmember Hill? **[30:45] Councilmember Katie Hill:** I guess I'd feel better if there was an amount I knew we were not going to exceed. I share the mayor's sentiment that we've had other things on for several years, yet I think it's a great idea. I'm uncomfortable there's not a number, but... Aye. **[32:20] Matt Kline (City Administrator):** Councilmember Kipp? **[32:21] Councilmember Orin Kipp:** Aye. **[32:23] Matt Kline (City Administrator):** Mayor Hanson? **[32:25] Mayor Michele Hanson:** Nay. 4-1 motion passes. **[32:30] Mayor Michele Hanson:** On to our second item of unfinished business which is to consider a city council and staff appointment to participate in the stakeholder meetings related to the decommissioning of the Excel Energy Allen S. King plant. **[32:45] Matt Kline (City Administrator):** Thank you Madam Mayor. Excel Energy has created a stakeholder group that they will be convening early next year. They reached out and asked the city to designate two Liaisons: one staff person and one elected official. Assistant Administrator Sara Taylor has volunteered to serve as a staff liaison for that. **[34:10] Councilmember Carl Bliss:** I would be willing to do it. **[36:30] Councilmember Orin Kipp:** I'll make that motion [to appoint Sara Taylor and wait on the council appointment until January]. **[36:45] Mayor Michele Hanson:** All in favor? Aye. Opposed? All right, thank you Sara. Third item is the discussion of the Landucci one-story restriction in the inspiration neighborhood. Matt, I'd like you to give us a little bit of background. **[37:04] Matt Kline (City Administrator):** This is involving three lots up in Villas of Inspiration being developed by Nathan Landucci. This was approved back in 2018 and three lots were designated as one-story by the council as part of the PUD. Staff, when we got the first building permit, noted it met the criteria for one-story. However, the residents directly to the north were frustrated with the size. Despite the one-story restriction, the home ended up being taller than some of the other houses that are considered two stories. In hindsight, based on the council's intent, further restrictions perhaps would have been appropriate. **[46:15] Mayor Michele Hanson:** That's what's so frustrating about this. Mr. Landucci disappointed us by planting trees that were not up to what he agreed to originally. The intent of the council was very deliberate: these were to be one-story homes, not one-story homes taller than two-story homes. I feel like we were played by the developer. **[48:40] Councilmember Orin Kipp:** I remember specifically the discussion was that the line of houses would be softened. Nobody that drives by that house will say that is a one-story house. It's full of gigantic steep trusses. It is infuriating. **[50:10] Matt Kline (City Administrator):** I did speak with Mr. Landucci last week. He said it was not intentional as he did not pick the specific design, but he said he would be discussing the impact with the property owners. **[51:40] Councilmember Carl Bliss:** Can they at least be respectful about where they're putting the windows in those homes? **[54:55] Councilmember Orin Kipp:** Can you explain a little bit about how we weren't able to put an actual height number on it? **[55:30] Matt Kline (City Administrator):** At the time in 2018, we didn't have any type of design standard for maximum height. The default height went back to 35 feet. This home was 34 and a quarter feet. **[57:30] Mayor Michele Hanson:** When the Council has an intent and we are not attorneys, our attorney should interpret that for us and make that language happen. I feel there was a miss. I feel like we got outplayed. Our legal counsel should have represented our intent. **[1:00:15] Councilmember Carl Bliss:** I think what's surprising to me is that there isn't a number of feet that denotes what a one-story is. We just assumed one-story meant one-story. **[1:03:00] Councilmember Ethan Gilmore:** Is there anything that we actually can do? **[1:03:10] Matt Kline (City Administrator):** There's nothing that the city can do to further restrict the home that's been built or the two remaining homes. **[1:11:00] Mayor Michele Hanson:** Well, thank you for reviewing all that. It's really hard to blame anybody specifically. That takes us to our city council liaison reports. Start with Orin. **[1:12:28] Councilmember Orin Kipp:** Middle St. Croix did not meet last month. We meet this Thursday. **[1:12:40] Councilmember Katie Hill:** The Library board did meet. Jill updated us on the project and it's going really well. We looked at color palettes and the new website. **[1:13:59] Councilmember Ethan Gilmore:** They [Parks] did meet last week. I was unable to attend but we're meeting again in November. **[1:14:46] Councilmember Carl Bliss:** Planning Commission did not meet. Regarding the Bayport Community Action League, we had Derby Days and it was amazing. Thank you Matt and your staff for all you do to help us make Derby Days happen. **[1:15:45] Mayor Michele Hanson:** It was a fantastic Derby Days. I have a special thank you to Dan for the Centennial display here at City Hall. I do not have a report this month either, so over to you Matt. **[1:17:28] Gabe Kinney (Fire Chief):** Good evening Madam Mayor. For September the call volume was 100. Our monthly drills included a tour of the Bryan Rock Quarry and coal fire training at the Excel King plant. Fire prevention is next week; we'll be doing our open house on the 15th. **[1:19:00] Councilmember Carl Bliss:** Chief, I talked to the pyrotechnics company that does the fireworks for Derby Days. Something large fell into the crowd this year. We might need to expand the "don't enter" range next year. **[1:19:46] Gabe Kinney (Fire Chief):** We're probably going to have to get Water Patrol involved in pushing boats back and move the launch area further toward the parking lot. **[1:22:05] Joe Hansen (Public Works Director):** Department activities are moving to street sweeping and tree trimming. Eagle Scout Tad Nelson replanted 20 trees this weekend in Lakeside Park. Regarding ash trees, since 2019 the city has replaced 108 trees. There are still about 179 ash trees left. **[1:26:42] Sara Taylor (Assistant City Administrator):** The Met Council approved the city’s 2040 Comprehensive Plan subject to minor revisions. Absentee voting began September 23rd. Just a reminder all Bayport residents vote at the new fire station on Fifth Avenue North. **[1:29:46] Matt Kline (City Administrator):** This year the city is required to provide supplemental budgetary information that will be going out in the next year's proposed taxes. Regarding cannabinoids, the vast majority of cities have imposed a moratorium. We are leaning toward a licensing scheme similar to Woodbury or Stillwater. Lastly, Councilmember Bliss mentioned a possible Centennial essay contest. If the Council is supportive, staff can work on that. **[1:35:00] Mayor Michele Hanson:** If it works better for it to be a BCAL thing, that way we can get prizes or gift cards from businesses. **[1:36:15] Councilmember Carl Bliss:** Move we adjourn. **[1:36:30] Councilmember Katie Hill:** I'll second. **[1:36:39] Mayor Michele Hanson:** All in favor? Aye. Opposed? Adjourned.