WBL City Council 11/09/2021

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This transcript is from a White Bear Lake City Council meeting. Acting Mayor (and Councilmember) Kevin Edberg presided over the meeting in the absence of Mayor Emerson. [00:00:00] **Unidentified Speaker:** That's me. I'm out here, like two months ago, I'm like, "Oh my gosh," because I kind of obsessively check it. [00:00:05] **Unidentified Speaker:** I know, me too. I'm the same way. Right? We ready? Yes. [00:00:10] **Acting Mayor Kevin Edberg:** Good evening. My name is Kevin Edberg. I'm the council member representing Ward 4, but I'm also the chair of the White Bear Lake City Council, which under our city charter means that I have the responsibilities of the mayor when the mayor is out of the city or otherwise incapacitated. For those who remember our history, we'll know that the first Thanksgiving was celebrated in November 1621. This marks the 400th anniversary of the first Thanksgiving. Mayor Emerson's forebears participated in that event. Um, they were not on the Mayflower; they came on one of the later ships but were there. And she is in on Cape Cod this week celebrating that 400th anniversary of her family participation in the first Thanksgiving. I hope, Mayor, that you are not watching this evening—that you have something better to do with your time—but I do want to express my... one of my Thanksgivings is the work that Mayor Emerson has done for 12 years as our mayor of our community. And she has been tireless and selfless in her service and worthy in my mind of lots of thanksgiving. Councilmember Jones is also on a trip out of the city this week, a long-planned trip, so both of those are excused absences. Noting all of that, I will call to order this meeting of the City Council of the city of White Bear Lake. I would ask the clerk to note all those in attendance. [00:01:45] **City Clerk:** Thank you, all will be noted. [00:01:47] **Acting Mayor Kevin Edberg:** Thank you. I would ask you to rise and join me in the Pledge of Allegiance. [00:01:50] **Group:** 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. [00:02:05] **Acting Mayor Kevin Edberg:** Council, you have before you the minutes of our last meeting. Are there any corrections or additions to be made? [00:02:12] **Councilmember:** Second. [00:02:13] **Acting Mayor Kevin Edberg:** It’s been moved and seconded. Is there any discussion? All in favor signify by saying aye. [00:02:18] **Councilmembers:** Aye. [00:02:19] **Acting Mayor Kevin Edberg:** Opposed? Motion carries. You have before you the proposed agenda for the evening. Ms. Heineker, are there any changes that staff wish to make? [00:02:28] **City Manager Ellen Heineker:** Mr. Chair, members of the Council, no changes. [00:02:32] **Acting Mayor Kevin Edberg:** Are there any council members wishing to make changes to the agenda? [00:02:35] **Councilmember Bill Walsh:** Move approval. [00:02:37] **Councilmember:** Second. [00:02:38] **Acting Mayor Kevin Edberg:** Moved and seconded to approve the agenda. Discussion? All in favor signify by saying aye. [00:02:43] **Councilmembers:** Aye. [00:02:44] **Acting Mayor Kevin Edberg:** Opposed? Motion carries. We have no visitors and presentations this evening. We have no public hearings. We have one item of land use that's on the consent agenda, and the item has been background on the resolution granting a one-year time extension for a preliminary plat at 1800 County Road E. What's the pleasure of the council? [00:03:05] **Councilmember Dan Bean:** Move approval. [00:03:06] **Councilmember:** Second. [00:03:07] **Acting Mayor Kevin Edberg:** Moved and seconded to approve the consent agenda. Is there any further discussion? Favor say aye. [00:03:12] **Councilmembers:** Aye. [00:03:13] **Acting Mayor Kevin Edberg:** Opposed? Motion carries. We have no unfinished businesses and no ordinances. We'll move to new business, Item 9A: a resolution requesting the Met Council to pause planning activity on the Purple Line. Councilmember Walsh, this was your request to have this on the agenda, and so I will give you an opportunity to make a motion, and if seconded, we'll enter into conversation. I'll throw the ball to you first, but do you have a motion you wish to put in front of us? [00:03:41] **Councilmember Bill Walsh:** Well, sure. If you want the motion first, I’ll move the resolution that’s before you. [00:03:46] **Councilmember:** Second. [00:03:47] **Acting Mayor Kevin Edberg:** It’s been moved and seconded. It’s open for discussion. Member Walsh. [00:03:51] **Councilmember Bill Walsh:** Thank you, Mr. Chair, Mr. Acting Mayor—what are we supposed to call you? Mr. Edberg? Mr. Chair? Thank you. Well, let me start with a thank you, too, because I've been saying for a long time on this topic—this Rush Line which is now Purple Line—that we need to have a community conversation, a community-wide conversation about whether we want it or not. We've had a lot of small votes throughout the process, and I asked the mayor a while ago to plan and schedule this meeting. Originally, a municipal consent vote kind of changed my mind recently on a better option for today with this resolution in front of you, but originally I asked for a municipal consent vote, and the mayor graciously said, "Let's do it on the 23rd." My colleagues agreed to, so she's not here, but I would thank her for putting this on the agenda. The mayor does control the agenda. First, a thanks. I will say that we've had a lot of small votes and it bothers me. We got a letter this week from a group promoting the Purple Line now, and they said something they repeat something that I've seen a lot, and I'll just read the line, but it’s like: "In 2020, cities of Saint Paul, White Bear Lake, Vadnais Heights, and Maplewood approved resolutions of support for the preliminary plans for the project." I suppose that sentence is technically true; we have approved motions in this body. I've made jokes about picking out the wallpaper in the stations before we actually decide we want to do it, but we really haven't had a vote in White Bear Lake, yes or no. So I'm glad we're here. I'm glad we're finally taking that vote. I think what I've got in front of you is a reasonable resolution. Doing some research, I found that the U of M, with the legislature in 2021—this summer when they're doing their omnibus spending bills—tucked a provision into the transportation bill to commission a study from the University of Minnesota Center for Transportation Studies to study ridership in our system system-wide, post-COVID. They're looking at Northstar—that was kind of the target of the resolution if you look back at what they did in the legislature—they're really concerned about the Northstar rail line, which has really dropped like 90% of ridership during COVID and hasn't bounced back. But the language of their resolution asking for the study at the U of M calls for a system-wide metropolitan transit look at the data. The analysis will look at anticipated changes in ridership demand for different modes, transit service levels, revenue, and long-term impacts. That resolution is due to the legislature February 1st, 2023. I think if transit is going to rebound in the post-COVID world, it’ll have rebounded by then. So let’s pause for a year, wait for this study, and get the results from the U of M. Let’s pause, get those numbers, and use those numbers—that data should be what we use as we apply for the federal grant. If the numbers are there, the project goes forward. If not, it shouldn't. It's a $500 million expenditure. This resolution asks the Met Council to pause and wait for better numbers. [00:08:45] **Acting Mayor Kevin Edberg:** Thank you. It’s open for debate. Mr. Bean. [00:08:50] **Councilmember Dan Bean:** I would like to propose an amendment to the resolution. I’m going to hand out some... this does not need to be read right away, because what I’m going to be saying is going to be longer. I would like to begin by thanking Councilmember Walsh for the proposed resolution. Whether opposed or supportive of the Purple Line, I believe we all agree that updated data on all aspects of this project, but especially on ridership, is needed. As stated in the memo from City Manager Heineker, the Metropolitan Council is already obligated under the rules of the Federal Transit Administration to again assess ridership prior to submitting final application for funding. I appreciate this acknowledgement. However, the proposed resolution does not go far enough because it only addresses ridership. In addition to ridership, the Metropolitan Council is also obligated to reassess cost-effectiveness, environmental benefits, congestion relief, land use, and economic development. Requesting the Metropolitan Council to pause activity for a project that impacts the entire East Metro and not just White Bear Lake is not achievable. We should not—in actuality, cannot—ask the Metropolitan Council to pause the reassessment that is mandatory to complete by the requirement of the $1.25 million competitive grant. My amendment is intended to expand and make stronger the need for updated data. My amendment is actionable and would keep the Metropolitan Council in compliance with the requirements of the Federal Transit Administration. So at this time, I respectfully move that the resolution be amended to read that: "No sooner than February 1st, 2023, the Metropolitan Council incorporate into its submittal of the updated analysis on all required criteria to the Federal Transit Administration... any available results of the legislatively mandated study by the Center for Transportation Studies at the University of Minnesota." [00:11:45] **Acting Mayor Kevin Edberg:** We have a motion to amend. Is there a second? [00:11:50] **Acting Mayor Kevin Edberg:** Well, I'm sort of inclined to second it for the sake of conversation. I think it's a courtesy. So, yeah, I'll second it. Member Walsh, the conversation now is germane only to the amendment. [00:12:05] **Councilmember Bill Walsh:** Mr. Chair, I appreciate the other aspects to study besides ridership. I think that's wise. I'm just trying to figure out the amendment. You could read the amendment to say, "Hey Met Council, we're not really asking you to do anything that you aren't already going to do." I feel like you've taken the teeth out of the resolution. The whole point is the word "pause." If you take "pause" out, you're just telling Met Council to go ahead and do what they are doing anyway. I disagree with you, Councilmember Bean. I think we can tell the Met Council to do something. I'm going to hold firm on that word "pause." I think that's what the city wants. [00:13:00] **Councilmember Dan Bean:** Councilmember Walsh, my understanding is that if we tell them to pause, they cannot do that evaluation. They would stop doing the evaluation that they've already received the grant for. The grant doesn't have any mechanism to pause. I want to make sure the U of M study gets incorporated into what they submit to the FTA. [00:13:25] **Councilmember Bill Walsh:** But without the "pause," the Met Council can do whatever they want. They can pause for a year; it delays the project for a year. That happens all the time. I'm going to hold firm on that word "pause" because that's what I'm trying to put forward on behalf of the city. [00:13:45] **Councilmember Dan Bean:** I do honestly believe that we have more influence than we have control. I do not believe that we would be exerting any influence by using the word "pause." [00:14:00] **Acting Mayor Kevin Edberg:** Member Walsh, what does "pause" mean to you as you wrote it? [00:14:05] **Councilmember Bill Walsh:** It means we're listening to the people that we represent. I think the message from the city of White Bear Lake is: we want you to wait for this data. It's got to be at least that strong. [00:14:20] **Acting Mayor Kevin Edberg:** I'm actually not coming to the same conclusion. I do not perceive that the state gives the city of White Bear Lake the authority to pause to govern—this is not our project. None of the operating funding is going to come through us. The state legislature has put the determination of regional transit in a body that is not us. It seems to me that our responsibility is to hold them accountable and let them do their work. I just don't think it's our authority to make these determinations. [00:14:55] **Councilmember Bill Walsh:** You're convincing me to withdraw the resolution and bring back a municipal consent vote because it is in the statutes for cities to do that. I thought the "pause" was a better compromise, but if you need to see the authority, that's a municipal consent vote. [00:15:20] **Acting Mayor Kevin Edberg:** We have a motion to amend on the floor. Mr. Bean, any last words on your motion to amend? [00:15:28] **Councilmember Dan Bean:** My motion to amend gives us a say in something we actually have influence over. It is a reasonable request. They cannot put in for funding without all the information, not just ridership. I want to do something we have control over. [00:15:55] **Acting Mayor Kevin Edberg:** Clerk, we'll have a roll call vote on the amendment to substitute the clause. [00:16:05] **City Clerk:** Councilmember Bean? **Councilmember Dan Bean:** Aye. **City Clerk:** Councilmember Angstran? **Councilmember Steven Angstran:** Aye. **City Clerk:** Councilmember Walsh? **Councilmember Bill Walsh:** No. **City Clerk:** Acting Mayor Edberg? **Acting Mayor Kevin Edberg:** No. [00:16:20] **Acting Mayor Kevin Edberg:** The motion fails. We are back to the main motion. [00:16:25] **Councilmember Dan Bean:** Mr. Chair, I do have something I would like to say before we take this vote. I believe I know how the vote's going to go. I've had a 28-year career as a peace officer. I have made my decisions based on facts. I have heard many things: that the Rush Line is misnamed, that it's being rushed without input, that concerns aren't taken seriously, that the Bruce Vento Trail will be destroyed, that it will bring crime. As a retired commander-level police officer, it would be ironic to expect criminals to travel to White Bear Lake and wait for an electric bus to escape. My wife and I raised five children in this neighborhood, and I take exception to those accusing me of willingly endangering my family. The proposed resolution calls for a pause, but this vote has no legal effect. White Bear Lake can and should influence the project, which is what I have always done during my 12 years on the council. We don't want to be the only city of 25,000 people that does not have access to mass transit when the rest of the area does. [00:19:10] **Acting Mayor Kevin Edberg:** Folks, this is a meeting of the City Council held in public; it is not a meeting of the public. I'm asking you to be polite observers. Inside of these chambers, respect the deliberations of this council. Thank you. Floor is still open on the main motion. [00:19:40] **Acting Mayor Kevin Edberg:** I’m not going to support this resolution tonight. The primary reason is that this is not our city's "gig." The authority lies in other bodies. I'm going to let them do their job. I would be open to resolutions that speak to expectations—that the Met Council manage this in a cost-effective manner or that electric buses be a mandatory component. But I will not support a request to pause. With that, I'm ready to move to a vote. Will the Clerk call the roll? [00:20:30] **City Clerk:** Councilmember Angstran? **Councilmember Steven Angstran:** Aye. **City Clerk:** Councilmember Walsh? **Councilmember Bill Walsh:** Aye. **City Clerk:** Councilmember Bean? **Councilmember Dan Bean:** No. **City Clerk:** Acting Mayor Edberg? **Acting Mayor Kevin Edberg:** No. [00:20:40] **Acting Mayor Kevin Edberg:** Motion fails. [00:20:42] **Councilmember Bill Walsh:** Why don't we change the charter to let the deputy mayor vote at these meetings, doggone it? [00:20:50] **Acting Mayor Kevin Edberg:** That is a very recent charter change. I had no instigation in that fight! We’ll move on. Item 9B: a resolution accepting the Housing Task Force report. Ms. Kane, I believe you are going to introduce our guests. [00:21:10] **Community Development Director Anne Kane:** Thank you, Chair Edberg. With us this evening is Tracy Schimick, our Housing and Economic Development Coordinator. Tracy will be presenting along with members of the Task Force. [00:21:35] **Tracy Schimick:** Chair, members of Council, I am getting off rather easy this evening. Gretchen Nichols will be opening up the presentation. [00:21:45] **Gretchen Nichols:** Good evening. My name is Gretchen Nichols with the Local Initiatives Support Corporation. We have worked over the last eight months to provide a community-informed plan to address housing needs. I’d like to introduce task force members: Andrea, Joe, Dale, and Bill. [00:22:25] **Andrea (Task Force Member):** Housing is critical infrastructure. Without diverse housing, our local economy will be negatively impacted. We need people to fill roles like teachers and first responders, and they should be able to live here. Our four goals are: create an affordable housing trust fund, address the growing need for affordable options, support a range of housing options for different life stages, and improve the development pre-application review process. [00:24:25] **Joe Sheeran (Task Force Member):** Investing in housing is an investment in your community. We have made housing unaffordable for young working families. We talked about a Housing Trust Fund, perhaps funded through the HRA or the sale of city land. When we sell land, it should be earmarked for housing. We also want to keep what’s working—our naturally occurring affordable housing—and support renters so they don't get priced out by "flips." [00:27:00] **Dale Brambush (Task Force Member):** Our recommendation is an effort to enhance the public review process. We suggest a pre-application review process for certain redevelopments. A preliminary concept would be presented to the council and an advisory commission early on. This allows the council to guide the process long before the formal application. [00:29:15] **Bill Gerst (Task Force Member):** I’ve lived in White Bear since the 70s. I raised four children here; none of them live in White Bear because they can't find appropriate housing. We need "life cycle" housing. My wife and I want to stay here, but there aren't many options for us to downsize. We encourage more regular discussion about housing choices. [00:31:10] **Acting Mayor Kevin Edberg:** Thank you. Now is a good opportunity to pose questions. Who’d like to go first? [00:31:20] **Councilmember Bill Walsh:** We are a city that doesn't have a lot of land to develop. One thing driving housing costs in other suburbs is zoning regulations. Did you guys look at that? Some studies say the same house costs $20,000 more in one city than another because of city rules. [00:31:55] **Anne Kane:** Our zoning code actually allows for much smaller lots than traditional suburbs. Our development fees are not nearly as high as surrounding municipalities. We are looking to update the zoning code to allow homes that fit the established character of neighborhoods while allowing for smaller footprints. [00:33:00] **Councilmember Bill Walsh:** I have two positive comments and one challenge. I love the idea of a design competition for smaller housing. I also like the interim communication process Dale talked about. My challenge is "prosperity." If the solution is taking tax money to put in a fund to buy other people's houses, that's a more difficult step for me. [00:35:10] **Councilmember Dan Bean:** I observed while knocking on doors that there are a lot more multi-family units in single-family neighborhoods than I realized, and they fit in perfectly. I would encourage keeping affordable housing spread out across the community rather than concentrating it. [00:36:15] **Councilmember Steven Angstran:** I would like to see us look into Berkeley Road and warehouse spaces for affordable apartments. Also, Mr. Gerst, please say hi to your son Steve for me. [00:36:35] **Acting Mayor Kevin Edberg:** I have a question about our senior population. We have a high percentage of seniors. Are we overbuilt in senior housing? What happens when that generation no longer needs it? [00:37:05] **Tracy Schimick:** We have some vacancy in assisted living, but the task force focused more on independent, maintenance-free living. People want to stay in the community but free up their larger family homes for younger families. [00:38:35] **Acting Mayor Kevin Edberg:** If we provide public money or subsidies, how do we retain affordability over 15 or 20 years? I want to see more thought given to the sustainability of affordability so we aren't just putting a finger in the dike. Also, did you discuss "house flipping" or private equity buying up neighborhoods? [00:39:55] **Gretchen Nichols:** At our housing forum, Edina presented strategies where people could contact the city to sell their house rather than it being sold for a teardown. [00:41:00] **Acting Mayor Kevin Edberg:** I’d also like to ask about the proposed Housing and Redevelopment Authority (HRA) advisory commission. How does it differ from the Planning Commission? [00:41:35] **Anne Kane:** It’s intentional. It would include members from various commissions to provide a city-wide perspective early on. A developer would much rather hear a "quick no" than a "long, expensive maybe." [00:43:05] **Acting Mayor Kevin Edberg:** I think we need to examine our noticing requirements. A five-acre proposal needs a different communication standard than a small home addition. [00:44:00] **Colleen Ketchum (Task Force Member):** Affordable housing does not just mean Section 8. It's the whole package. It's the senior on a $1,500 social security check who can't afford a $3,000 assisted living payment. It's our grandkids. We need to educate the community on that. [00:45:10] **Unidentified Task Force Member:** I’m single with two cats. I own a 3,000 square foot home and I don't want that big of a house anymore. But I’m not moving unless I can find something smaller nearby. Right now, there’s not a lot. [00:45:45] **Councilmember Bill Walsh:** Move approval of the resolution accepting the report. [00:45:50] **Councilmember Dan Bean:** Second. [00:45:52] **Acting Mayor Kevin Edberg:** All in favor say aye. [00:45:53] **Councilmembers:** Aye. [00:45:55] **Acting Mayor Kevin Edberg:** Motion carries. Item 9C: City Manager, the contract with Kraus-Anderson? [00:46:10] **City Manager Ellen Heineker:** This is for construction management for the public safety building. We have selected Kraus-Anderson (KA). We used them for the Sports Center as well. The cost would be part of the estimates already provided, around $800,000 for the project. [00:47:05] **Councilmember Dan Bean:** Move to approve. [00:47:08] **Acting Mayor Kevin Edberg:** Second? Discussion? All in favor say aye. [00:47:12] **Councilmembers:** Aye. [00:47:15] **Acting Mayor Kevin Edberg:** Item 9D and 9E. [00:47:20] **City Manager Ellen Heineker:** This is related to financing for the energy improvement project. We are proposing an internal loan of $850,000 from the economic development fund at 1.5% interest. This saves us from bonding immediately. The debt is paid for by guaranteed energy savings, so there is no impact on the tax levy. [00:50:30] **Councilmember Dan Bean:** Move to approve 9D. [00:50:35] **Acting Mayor Kevin Edberg:** Second? All in favor say aye. (Aye). Now 9E? [00:50:45] **Councilmember:** Move approval. [00:50:47] **Acting Mayor Kevin Edberg:** Second? All in favor say aye. (Aye). Next is the police sergeants contract. [00:51:00] **City Manager Ellen Heineker:** This is for the LALS union. It includes a 3% wage increase in January and 1% mid-year, similar to other units. It also adds Martin Luther King Jr. Day as a paid holiday. [00:51:45] **Councilmember Dan Bean:** Move to approve. [00:51:48] **Acting Mayor Kevin Edberg:** Second? All in favor say aye. (Aye). Consent agenda? [00:52:10] **Councilmember Bill Walsh:** So moved. [00:52:12] **Councilmember Steven Angstran:** Second. [00:52:14] **Acting Mayor Kevin Edberg:** All in favor say aye. (Aye). Any additional communication, City Manager? [00:52:25] **City Manager Ellen Heineker:** Just a reminder: our next meeting is the Truth and Taxation hearing. Also, the new city manager starts on the 20th. We are expecting a smooth transition. There will also be a brief report from the Welcoming and Inclusive Community Task Force at the next meeting. [00:53:45] **Anne Kane:** Next Monday is the last Planning Commission meeting. We will have the second reading of the billboard amendment and the public safety building CUP. [00:54:25] **Acting Mayor Kevin Edberg:** Happy Thanksgiving to all of you. I give thanks for the good work and spirit of this council. Motion to adjourn? [00:54:55] **Councilmembers:** So moved. Second. Aye. [00:55:00] **Acting Mayor Kevin Edberg:** Meeting adjourned.