WBL City Council 09/27/2022
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Here is the transcribed townhall meeting with speaker names and timestamps added based on the context provided in the text.
**[00:00:00] Mayor Dan Lewis:** All right, we're going to call the meeting to order. Uh, the clerk will note those in attendance. All will be noted. Thank you. Will you please join me in the Pledge of Allegiance? I pledge allegiance... one nation under God. All right, jumping into item two: approval of the minutes. I trust everyone's had a chance to look at the minutes of the regular city council meeting on September 13, 2022. If there aren't any corrections, I'd entertain a motion to approve the minutes.
**[00:00:30] Councilmember Walsh:** I have a motion.
**[00:00:32] Councilmember Jones:** Do I have a second? Motion, a second.
**[00:00:35] Mayor Dan Lewis:** All those in favor say aye. Any opposed? The motion carries, the minutes are approved. Moving on to item three: adoption of the agenda. It looks like we have item 4a, at the request of Schaefer Richardson, is being pulled, so we're going to remove item 4a. So we won't have anything on the consent agenda. If there are no other additions or amendments to the agenda, I would entertain a motion to adopt the agenda.
**[00:01:05] Councilmember Jones:** So moved.
**[00:01:07] Councilmember Walsh:** Second.
**[00:01:08] Mayor Dan Lewis:** All those in favor of adopting agenda say aye. Any opposed? We have an agenda. Item four: we no longer have anything on the consent agenda, which brings us to item five: visitors and presentations—firefighter appreciation month Proclamation. So I have the privilege of reading a proclamation that we are now going to declare.
**[00:01:30] Mayor Dan Lewis:** Whereas fire prevention month is recognized each year in October to raise fire safety awareness... [Mayor reads full proclamation text] ...Now therefore be it resolved that I, Dan Lewis, Mayor of the city of White Bear Lake, Minnesota, do hereby Proclaim October of 2022 as firefighter appreciation month. I'll sign the proclamation so it is official. I will just echo that and extend my thanks. This is a special night for me because it's the first as mayor that I've got to participate in a swearing-in. On behalf of the council and the residents of White Bear Lake, we appreciate everything that you guys do. I think we should give these firefighters a round of the hand.
**[00:04:15] Mayor Dan Lewis:** Thank you. And now we do get to get into the official swearing-in of the firefighters. I believe our City Clerk will be doing that. Chief Peterson, come up to the podium.
**[00:04:30] Chief Peterson:** I will make a quick couple of comments. Thank you, Mayor, for your support. Councilmembers, thank you for your support. [Chief Peterson discusses the duties of firefighters]. At this time we'd like to call forward the department members: firefighter EMT Naomi Van Zee, firefighter EMT Melissa Mondo, firefighter EMT Ben Federer, firefighter paramedic Nick Cook, and firefighter paramedic Brad Boister. Welcome everybody up, and Cali, I'll have you do that oath.
**[00:05:45] City Clerk (Cali):** Okay, please repeat after me. I, [state your name], solemnly swear that I will support the Constitution of the United States, the Constitution of the State of Minnesota, and will discharge and faithfully execute the duties devolving upon me as a member of the fire department for the city of White Bear Lake without fear or favor, to the best of my judgment and ability. Congratulations.
**[00:06:15] Mayor Dan Lewis:** I didn't realize we're going to get a bonus firefighter; he's got the badge and everything! I'll invite the family members to come up now. Thank you, Chief, and thank you all. Congratulations. We'll give these guys one more round of applause.
**[00:06:40] Mayor Dan Lewis:** All right, moving on to item six: public hearings. Item A: final assessment roll for the 2022 pavement Rehabilitation project, city project number 22-01. Mr. Copy.
**[00:06:50] Paul Copy (Engineering):** Mayor, members of the council, I'll do a brief presentation. This is the last step in the process, which is a public hearing required by Statute 429. [Mr. Copy explains the project details, the 5.22% interest rate, and the timeline]. Staff would recommend that Council consider adopting the assessment roll following a public hearing.
**[00:08:45] Mayor Dan Lewis:** Thank you, Mr. Copy. At this time I will open it up for public hearing as to this issue. I do have a sign-up sheet with no names on it, but if anybody does want to be heard, now is your opportunity. Seeing none, I will close the public hearing and bring it back to the council. Anybody have any questions for Mr. Copy or comments?
**[00:09:10] Councilmember Walsh:** No questions or comments. I'll move approval of the resolution in front of us.
**[00:09:15] Councilmember Jones:** Second.
**[00:09:17] Mayor Dan Lewis:** Any further discussion? Seeing none, all those in favor say aye. Any opposed? Motion carries. Moving on to item 6B: Birch Lake improvement district 2023 service charge. This one is Miss Crawford.
**[00:09:30] Lindsey Crawford (City Manager):** Thank you, Mayor, members of the council. The Birch Lake improvement district (LID) began in 2006. They are requesting the city council approve a special service charge of $21,700 for certification in 2022. Tonight we request the city council hold a public hearing to discuss the budget and the charge.
**[00:10:15] Mayor Dan Lewis:** Thank you, Miss Crawford. At this time I will open up the public hearing. I only have one name on the list: Steve La Liberty. Please step forward and state your name and address for the record.
**[00:10:30] Steve La Liberty:** I'm Steve La Liberty, and I live at 1387 Highway 96. I am the board chair of the BLID. We conducted our business this year; about $16,000 of the budget goes to harvesting weeds. We participated in a Vlamo grant, did a fish survey, and we approved a project to contribute $1,000 to the Rotary Park Environmental project.
**[00:11:45] Councilmember Edberg:** Thank you, Mr. Mayor. Mr. La Liberty, my recollection is that you disposed of the previous harvester. Are you contracting for that now?
**[00:12:00] Steve La Liberty:** Yes, we divested of the harvester. It became too much to manage, and we hired a harvesting company. We contract with them in January and they come out for a week.
**[00:12:20] Councilmember Edberg:** Just out of curiosity, what species is in number two?
**[00:12:25] Steve La Liberty:** Bass is number two. Typically bass is at the top of the food chain.
**[00:12:45] Mayor Dan Lewis:** Is there anyone else that would like to be heard on this issue? Seeing none, I will close the public hearing and bring it back to the council.
**[00:13:00] Councilmember Walsh:** I have a motion.
**[00:13:02] Councilmember Jones:** Second.
**[00:13:05] Councilmember Edberg:** Mr. Mayor, a request. We receive income statements but we don't receive balance sheets. I would make that request going forward so we have a sense of the financial wherewithal of the entities we're supporting.
**[00:13:30] Mayor Dan Lewis:** Any further discussion? Seeing none, all those in favor say aye. Any opposed? Motion carries. Moving on to unfinished business, item 7A: second reading of an ordinance rezoning the property at 2228 4th Street, known as the Armory. Miss Crawford.
**[00:13:50] Lindsey Crawford (City Manager):** Thank you, Mayor. The city requests the rezoning from P-Public to B5-Central Business. This was presented at the previous meeting; tonight we are looking for a second reading and a majority vote.
**[00:14:15] Mayor Dan Lewis:** Questions for Ms. Crawford? Seeing none, this sounds like the logical next step to get the zoning correct for the sale to the Historical Society. I would entertain a motion.
**[00:14:30] Councilmember Walsh:** I'll move.
**[00:14:35] Councilmember Jones:** Second.
**[00:14:40] Mayor Dan Lewis:** Any further discussion? Seeing none, all those in favor say aye. Any opposed? Motion carries. Item 7B: interim moratorium ordinance on the sale of cannabis products. Miss Crawford.
**[00:15:00] Lindsey Crawford (City Manager):** Thank you, Mayor. Beginning July 1st, it became legal to sell certain edible cannabinoid products in Minnesota. The legislation did not address local regulation, leaving governments uncertain. At the August 10th meeting, it was the consensus to separate cannabis products from tobacco shop language. Attached is the revised ordinance.
**[00:16:30] Mayor Dan Lewis:** Thank you, Miss Crawford. I’m willing to hear from folks. If anyone wants to step forward and speak to this issue, I'm going to limit you to two or three minutes.
**[00:17:00] Roger (Public Comment):** My name is Roger. I own two shops on Highway 61. My stores employ five to ten people. The products we sell are very important. I have five children and a stay-at-home wife. I get thanked all the time by customers for products that help with anxiety and pain. My customers will just go to neighboring cities or online. Banning the product in White Bear Lake won't resolve anything. Thank you.
**[00:19:30] Kevin Schoonover (Public Comment):** My name is Kevin Schoonover, 1770 County Road H2. I am here as an advocate of cannabis as a holistic solution. I started using it at 26 to manage anxiety and sleep. Cannabis is here to stay. The goal for the council should be how to promote it safely and responsibly. You have an opportunity to be a leader in this conversation.
**[00:21:30] Mayor Dan Lewis:** Anyone else? Seeing none. I want to share some of my thoughts. I want to dispel some misconceptions. This moratorium is not a permanent ban. It allows staff time to study the issue. The legislature left municipalities scratching their heads with very little regulatory guidance. I support the moratorium to find a regulatory structure that works.
**[00:25:30] Councilmember Jones:** To me, it's not about the product, it's about where it's sold and who is selling it. It is a narcotic. People who cut hair need a license, but currently, we can sell THC with no licensing. Our ordinances need to address that.
**[00:26:30] Councilmember Edberg:** I too will support the moratorium. I anticipate supporting subsequent licensure and zoning. I'm interested in ensuring conformance with state regulation. I'm going to suggest we add a requirement that we receive a quarterly update on progress so that we do not dally.
**[00:28:45] Mayor Dan Lewis:** I'll ask Mr. Gilchrist to shed some light on the legality of products prior to July 1st.
**[00:29:00] Soren Gilchrist (City Attorney):** Thank you, Mayor. Those selling edible products prior to July 1st were doing so in what has been referenced as the "gray area" of the law. I'm of the opinion that this moratorium focuses on the legal sales after July 1st—specifically the edible piece of it.
**[00:30:30] Mayor Dan Lewis:** I don't think a quarterly report is a bad idea. I don't want to Caus pain to businesses, but without a state safety net, we have to be thoughtful.
**[00:32:00] Councilmember Hughes:** I agree with what's been said. I don't want to be in the forefront of this, and I don't want to be writing regulation that doesn't make sense. I simply want to talk about where it's going to be sold.
**[00:33:15] Councilmember Jones:** I'd like to see it resolved by January 1st. I know the City Manager just cringed, but let’s move.
**[00:33:45] Councilmember Walsh:** I don't understand why we would do anything until the legislature is done. We shouldn't move on something in December and then watch the legislature change the law in May. It’s a one-year moratorium for a reason.
**[00:34:15] Lindsey Crawford (City Manager):** Just quickly—it's not that I haven't started research. We are looking at it. I don't plan on this taking six months, even.
**[00:35:00] Mayor Dan Lewis:** Is there a motion to move the interim moratorium ordinance?
**[00:35:10] Councilmember Jones:** I have a motion.
**[00:35:12] Councilmember Edberg:** Second.
**[00:35:15] Mayor Dan Lewis:** All those in favor say aye. Any opposed? The motion carries.
**[00:35:40] Soren Gilchrist (City Attorney):** There should be a motion on the summary resolution.
**[00:35:45] Councilmember Walsh:** Motion.
**[00:35:47] Councilmember Jones:** Second.
**[00:35:50] Mayor Dan Lewis:** All those in favor say aye. Any opposed? That resolution passes. Moving on to item 7C: interim moratorium ordinance on establishing or expanding tobacco shops. Miss Crawford.
**[00:36:15] Lindsey Crawford (City Manager):** Thank you, Mayor. The city currently does not expressly regulate tobacco shops as a separate land use. There is a need to study regulations regarding retailers with a significant portion of their products being tobacco. This moratorium would not affect those currently operating.
**[00:38:00] Councilmember Edberg:** What does the term "expansion" mean?
**[00:38:10] Lindsey Crawford (City Manager):** It means expanding the business from a zoning and land use standpoint.
**[00:38:20] Soren Gilchrist (City Attorney):** To expand that, there is a definition in the ordinance referring to increasing the amount of shelf space or floor area used to sell tobacco-related products.
**[00:39:15] Councilmember Jones:** Move to approve.
**[00:39:20] Councilmember Edberg:** Second.
**[00:39:25] Mayor Dan Lewis:** All those in favor say aye. Any opposed? The moratorium and accompanying resolution pass.
**[00:39:50] Mayor Dan Lewis:** Item eight: new business. Resolution authorizing a contract for embedded Mental Health Services for the police and fire departments. Miss Crawford.
**[00:40:05] Lindsey Crawford (City Manager):** Thank you, Mayor. The number of public safety professionals struggling with mental health is escalating. We would like to take a proactive approach by bringing a professional to the departments. We are requesting a contract with Masa Consulting. The cost would be about $52,000 annually.
**[00:42:00] Mayor Dan Lewis:** I want to commend you and both our Chiefs for being forward-thinking. This seems like a no-brainer.
**[00:42:30] Councilmember Walsh:** Is it just one person for three cities?
**[00:42:45] Lindsey Crawford (City Manager):** At this time, yes. He works exclusively with Roseville, Burnsville, and now us. It has been very effective for Roseville.
**[00:43:45] Councilmember Jones:** Move for approval.
**[00:43:50] Councilmember Walsh:** Second.
**[00:44:00] Mayor Dan Lewis:** All those in favor say aye. Any opposed? The resolution passes. Item ten: communication from the city manager.
**[00:44:15] Lindsey Crawford (City Manager):** Thank you, Mayor. [Discusses EV charger ribbon cutting, upcoming events, and the County Road E Corridor study]. Also, a reminder for the board and commission recognition banquet on October 4th. That's all I have.
**[00:46:15] Mayor Dan Lewis:** I would entertain a motion to adjourn.
**[00:46:20] Councilmember Jones:** Motion.
**[00:46:22] Councilmember Walsh:** Second.
**[00:46:25] Mayor Dan Lewis:** All those in favor say aye. Meeting adjourned.