This transcript appears to be from a **White Bear Lake City Council meeting**. Based on the context of the dialogue and the roles described, I have added the speaker names and estimated timestamps. *** **[00:00] Mayor Dan Danford:** Attendance... will you please join me in the Pledge of Allegiance? All right, all right. Before we jump into the minutes, I do just have a couple comments at the top of this because there's been a lot of questions and calls and concern regarding the incident that happened three weeks ago when one of our officers was shot multiple times serving a felony arrest warrant. This is an active investigation, so we don't have any formal comments or anything to add tonight. We want to be respectful of the process as it's ongoing, but I know people in the community are concerned. So I do just want to take this opportunity to thank all of the cities around White Bear, the county—we had so many departments that stepped up to assist us when we were going through a pretty traumatic situation. We couldn’t have done it without them, and we extend our heartfelt thank you to too many cities to list. I also want to extend a thank you to the community. The incident happened at about 10 p.m. three weeks ago, and by midnight there was already food and good wishes showing up at the police station. I think that is a testament to the closeness of our community and how much we respect law enforcement and how much we value their service. So I want to say thank you to the overwhelming support that the community has shown and know that on behalf of the council, our thoughts and prayers are with the officer who was shot along with the three officers who were also involved in that incident. They may not have taken the bullets, but they're very much affected by it, so we're with them as well and the broader department. So I at least wanted to address that because I know people have had calls and emails coming in. That's all I have to say on that for now, and I'm sure there'll be more facts and developments in the coming weeks as the investigation unfolds. So with that, I would entertain a motion to approve the minutes from the regular city council meeting on January 24th. **[02:15] Councilmember Walsh:** So moved. **[02:16] Councilmember Edberg:** Second. **[02:17] Mayor Dan Danford:** I have a motion and a second. All those in favor say aye. **[02:19] Councilmembers (Unison):** Aye. **[02:20] Mayor Dan Danford:** Any opposed? The motion is adopted. Minutes are approved. Item three: adoption of the agenda. Does anyone have any corrections to the agenda? Seeing none, I'd entertain a motion to approve the agenda. **[02:30] Councilmember:** [Unintelligible] **[02:31] Councilmember:** Second. **[02:32] Mayor Dan Danford:** I have a motion and a second. All those in favor say aye. Any opposed? We have an agenda. Moving on to item four: the consent agenda. I’d entertain a motion to adopt the consent agenda. **[02:40] Councilmember:** Move to approve. **[02:41] Councilmember:** Second. **[02:42] Mayor Dan Danford:** I have a motion and a second. All those in favor say aye. Any opposed? The consent agenda is adopted. Very good, one abstention. Thank you. All right, jumping right into item five: visitors and presentations. The Community Development biannual report. Mr. Lindahl? **[03:00] Jason Lindahl (Community Development Director):** Mayor and members of the council, I will just try to summarize some of the information that's before you in the report tonight. This information contains different tables associated with the different divisions of the Community Development Department, specifically the building permit and Building Division, the code enforcement activities, and then zoning activities. The numbers in the billing department show increases in both the fourth quarter and year-over-year. Specifically, if you look at the revenue generated from fees in 2022, it was up some 31 percent, or nearly four hundred and thirty thousand dollars in that year. Code enforcement activities are summarized by either the complaint-based or proactive cases and then by each Ward throughout the city. The vast majority of the code enforcement's complaints are complaint-driven. You will note the highest numbers of cases was tied at 20 cases apiece in Wards one and five. Then, for the summary of the zoning activity, it’s summarized by the different activities that occur from the zoning section and broken down by type. It shows the highest amount of activity, as we would typically expect seasonally, in the second quarter as projects gear up for that year and go through the zoning approval with anticipation of getting building permits and hitting the construction season. In the second quarter or spring of the year, we saw the highest numbers; correspondingly lower numbers by comparison in the fourth quarter. But it's also worth noting in the fourth quarter, the Planning Commission meeting being towards the end of the month typically conflicts with the holidays, so that meeting typically does not take place. So with that, I’ll take any questions. **[04:55] Mayor Dan Danford:** Thank you, Mr. Lindahl. Council, any questions or comments? Seeing none, I thank you for the report. Very good. Before we jump into item 5B, I just want to note that the consent agenda was approved. So if you're here for any of these land use or variances, might want to consult with the agenda in the back of the room, but we're done with that. There's only a couple items left. Just an FYI for anyone in the crowd so you're not sitting around. Moving on to item 5B: the Sports Center annual report. Miss Crawford? **[05:30] Lindy Crawford (City Manager):** Thank you, Mayor and members of the council. We're shifting to reporting annually on the Sports Center, so I do have all of 2022 in the packet before you. In 2022, the Sports Center was busy with hosting public youth and high school hockey games, figure skating events, learn-to-skate programming, and open skating sessions. Last year, we did receive the Olympia ice resurfacer that was delivered in March—I think I've shown that here at previous council meetings—but that has been providing dependable, consistent, and high-quality ice. We're very thankful for that. The hockey training facility continues to provide valuable and busy training opportunities for the White Bear Lake Hockey Association members. The Sports Center hosted several major events this past year which include eight youth tournaments, six High School hockey games, plus one section playoff game, the 29th annual Holiday Open figure skating competition, three spring Ice shows, and 110 youth hockey games. Also, this past year, something to note is that Train Corporation and All Energy Concepts have completed the upgrading of the Sports Center mechanical, HVAC, roofing, lighting, and control systems. We also completed the installation of solar panels on the Sports Center and the Training Center, and we look forward to more efficient energy operations going forward. Ice time utilization: hockey was 1,650 hours, skate school was 1,156 hours, and public skating 772 hours. In your packet is also a year-to-date financial analysis comparing 21 to 22. Again, 21 is a little bit more challenging to compare to since COVID was still an impact. But notably, you'll see a significant revenue increase in the miscellaneous category, which is "LiveBarn"—an online streaming service. We received over fifty thousand dollars in that revenue for 2022. We don't anticipate that to continue that high, as those are subscriptions people purchase to watch games remotely. For the Armory and Boatworks: Armory revenue was down by about two thousand dollars and Boatworks increased by about 270 dollars. I can stand for any questions. **[08:10] Mayor Dan Danford:** Thank you, Miss Crawford. Any questions or comments? Councilmember Edberg. **[08:14] Councilmember Edberg:** Thank you, Mr. Mayor. Miss Crawford, I too am looking forward to the evaluation for efficiency. Do you have a sense of both how and when we might be taking some readings or getting feedback? Because I don't think we had the panels installed for the full year, so there's going to be a partial year analysis. How are you thinking about that? **[08:40] Lindy Crawford (City Manager):** I don't have that off the top of my head. Mr. Coppi, do you have that from Train? Do you know when we could possibly evaluate the effectiveness of the energy improvements? **[08:50] Jason Coppi (City Engineer/Public Works Director):** Excuse me, Councilmember and members of the Council. It really just went live more recently. Until we really have it in use for about a year is when we can compare to the previous year's bills to see how we're saving. I'd give it at least a year before we really know how things are performing. **[09:10] Lindy Crawford (City Manager):** Yeah, I think next fall would be that one-year mark, so probably in '24 would be a good measure. **[09:15] Councilmember Edberg:** Cool, thank you. **[09:16] Mayor Dan Danford:** Any other questions or comments? Seeing none, we'll move on to item six: Public Hearings. Item A: first reading of an ordinance adopting new chapter 1128 to permit sidewalk cafes. Miss Shimmick? **[09:30] Tracy Shimmick (City Planner):** Thank you, Mayor and members of Council. We've had this discussion before, but for the benefit of the public: in 2020 and 2021 during the pandemic, Council had authorized staff to go through an administrative review process allowing restaurants to expand their dining into public parking spaces and public sidewalks. After 2021, when that temporary authorization expired, staff continued to receive requests to continue that usage. Council directed staff to research how other communities look at this and craft an ordinance. Staff brought those recommendations to the January 24th meeting, and based on feedback, we have drafted the ordinance before you this evening. Things considered fell into three categories: identifying public purpose, identifying the process for permits, and considerations regarding safety and accessibility. At our last meeting, staff received feedback to provide a reasonable process and clear guidelines. This ordinance only applies to restaurants, bars, and cafes—not other establishments. It only regulates public sidewalks, not private space. We wanted as minimally onerous of a process as possible with limited fees reflecting staff time. The ordinance defines eligible businesses and outlines the criteria including alcohol service, liability, and enforcement. Of note: the Metropolitan Council requires a SAC (Service Availability Charge) determination. However, provided the space is less than 539 square feet, that determination is zero, resulting in no fee. Staff is proposing an application fee of 150 dollars for an initial application and a renewal fee of 60 dollars. There are aesthetic requirements for furnishings, and barriers would not be required unless alcohol is served. The season would be May 15th to October 15th to avoid snow events, and hours would be from 8 a.m. to 10 p.m. Notice was published in the February 8th edition of the *White Bear Press*. Additionally, staff reached out to restaurants via letter. Staff has received some comments via email which we will be sharing. Below is a summary of the feedback: Alicia Baroker, owner of Cobblestone Cafe... [Pause] Should I express those during the public hearing? **[12:30] Mayor Dan Danford:** Sure. **[12:31] Tracy Shimmick (City Planner):** Staff recommends city council conducts the first reading and a public hearing tonight, with a second reading scheduled for February 28th. **[12:45] Mayor Dan Danford:** Thank you, Miss Shimmick. This being a public hearing, I will now open it up to the public for anyone who would like to speak. I don't have anybody on my list, but if anybody wants to speak, please step up to the podium, state your name and address. **[13:00] Terry Kellerman (Public Speaker):** Hi, my name is Terry Kellerman, and the address is 222 4th Street in downtown White Bear. I really like the idea. I think it is a good visual for the town to have people on the street. But when I watched the video of you guys last week, I noticed you talked about fairness. Some of these people may be able to double the size of their restaurant and have no property taxes on that space. They don't have costs in setting it up. When you look at the people who already have outdoor spaces, they have purchased the land, improved the land, and then pay taxes for all the years. I just want that to be a consideration. **[14:05] Mayor Dan Danford:** Very good. Thank you. Would anyone else like to speak to this? Seeing none... well, go ahead Tracy, read the comments that you have for purposes of the record. **[14:15] Tracy Shimmick (City Planner):** From Alicia Baroker, Cobblestone Cafe: "I'm wondering why someone would decide to hold a hearing about restaurants on one of the busiest evenings of the entire year (Valentine's Day). I propose moving this meeting. I think it’s a very poor time to add on extra costs and fees for licenses we've never needed in the past. I've had tables on the sidewalks for the 23 years I've owned the Cobblestone. I see no good reason why things would change now." From Elizabeth Lawwen of The Brick House: She also noted they could not attend because of Valentine’s Day. She stated, "Our front patio dining is a very important part of our business in the summer... we love having the ability to have our customers experience the atmosphere of Washington Square." Lastly, from Celine Denauer of Keys Cafe: "It feels good to know the city is keeping this on the agenda. Our outdoor patios have the same feel as Market Fest. I’m thinking my sidewalk front isn’t wide enough, but I’m hopeful the Body Shop next to me will allow tables on their front apron (private property). Question: Do barriers need to be in place if we don't serve alcohol? What can barriers be constructed of?" **[16:40] Mayor Dan Danford:** Great, thank you. At this time we'll close the public hearing and bring it back to the Council. I want to share a couple thoughts. The point of all of this was never meant to be a takeaway for any business. The point was a recognition that for two years, the city rightfully let restaurants operate in a manner that allowed them to survive. Now that we're on the other side of this pandemic, it's reasonable that we have some formulaic order to this for safety. I want to push back on comments about "imposing extra fees." The 150 dollars is not a revenue raiser; it reflects the city resources spent. I do support the 150 for the initial application, but I would be in support of a renewal fee that is as minimal as possible if it doesn't require a heavy lift. Specific to the timeline of May 15 to October 15—I think that's arbitrary. If it's nice out May 1st, I see no reason why a restaurant can't have a table out. Weather should dictate it. Also, the hours of 8 a.m. to 10 p.m.—the 10 p.m. makes sense, but if you have breakfast and want to open at 7 a.m., I don't think there's public interest in forcing them to wait. Also, the provision that says "no glass." I'd rather see us not force restaurants to buy plastic glasses just for their patio. If it becomes a problem with glass breaking everywhere, we can revisit it, but I don't like the outright prohibition. One question: the "compact and contiguous" requirement—meaning it needs to be attached to the storefront. Does that only apply if alcohol is served? **[19:15] Tracy Shimmick (City Planner):** Mayor, members of the Council, that is applicable when there is liquor. You have to have a barrier that's compact and contiguous. **[19:25] Mayor Dan Danford:** So if there is a popular breakfast spot that doesn't serve liquor, they can still have tables where pedestrians would walk between the storefront and the tables? **[19:40] Jason Coppi (City Engineer):** That is incorrect. The idea of having it abutting the building is so you don't have waiters weaving between pedestrians. **[19:50] Councilmember Walsh:** Just to pick up on that point—what is the state interest in avoiding the "alcohol island"? **[20:05] Jason Coppi (City Engineer):** That comes from Statute 340A. You have to have a defined premises in which liquor is sold; it has to be contiguous and compact. When liquor is not being served, it falls to the Council for policy discussion. **[20:30] Councilmember Edberg:** Mr. Mayor, out of deference to staff, I’d be curious about why staff crafted some of these things. Are there responses to the Mayor’s concerns? **[20:45] Lindy Crawford (City Manager):** I can address the fee question. We generate fees based on staff time so the cost is not borne by the entire community. 150 dollars for the first year involves many eyes: the manager's office, clerk, community development, fire marshal, engineering. 60 dollars for a renewal is just a quick glance. **[21:40] Councilmember Jones:** Regarding Mr. Kellerman’s point—life isn't fair, but I think having this ordinance provides some equity. Some have space, some don't. I find it difficult that a business wouldn't find 60 dollars on two tables to be a benefit. I think this will need to be re-looked at next year, but I support it going forward. **[22:20] Councilmember Edberg:** I’m inclined to go with 7 a.m. as a start time. I’m inclined to support May 1st as a start date. I'm okay with non-liquor sales not being "compact and contiguous." I'm of multiple minds on glass—I don't think we need more plastic in society. **[23:00] Councilmember Walsh:** I agree on the 7 a.m. and eliminating the May 15th start date—just let people put tables out when the snow is gone. October 15th as a hard end date is fine for plowing. On glass, at the lakefront, glass ends up on the sidewalk anyway and it hasn't been a huge problem. On the fee—I’m fine with the 150, but I’d get the renewal to zero. It becomes a gesture of support to the business. **[24:10] Mayor Dan Danford:** Can we add language that gives the City Manager discretion on the dates? **[24:20] Jason Coppi (City Engineer):** As far as the dates go, a hard date in the fall is important for Public Works plowing. In the spring, we’re more flexible. **[25:00] Councilmember Jones:** Does the furniture need to be removed for Market Fest? **[25:10] Jason Coppi (City Engineer):** There is language that allows the City Manager to issue a suspension for community events or repairs. **[25:40] Councilmember Hughes:** I just want to make sure I understand. Compact and contiguous is required for liquor. For businesses not selling alcohol, I would not be in favor of making them stay contiguous if it makes pedestrians walk around a patio into the street. I'd be of the mindset that but for state law, I wouldn't have a problem with it.