WBL City Council Meeting 01/24/2023
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This transcript is from a **White Bear Lake City Council** meeting (likely January 2023). Based on the context and city records, the primary speakers are:
* **Mayor:** Dan Miller
* **City Manager:** Lindy Crawford
* **State Senator:** Heather Gustafson
* **Councilmembers:** Bill Walsh (Ward 1), Dan Jones, Kevin Edberg, Steven Hughes
* **Staff/Guests:** Kerri Kinswader (Finance), Angie Lewis-DeMello (NYFS), Paul Kauppe (Public Works/Engineer, transcribed as "Mr. Copy"), Jason Lindahl (Community Development), and Kim Schoonover (Public Speaker).
***
**[00:00:00] Councilmember Bill Walsh:** I think it's Ward One. Bite me. And yeah, I know I was on speaker.
**[00:00:05] Mayor Dan Miller:** Call the meeting to order. Will the clerk please note those in attendance? Thank you. Will you please join me in the Pledge of Allegiance?
**[00:00:12] 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.
**[00:00:25] Mayor Dan Miller:** Jump into item 2A, minutes of the regular City Council meeting on January 10, 2023. I trust everyone's had a chance to look at the minutes. I'd entertain a motion to approve those.
**[00:00:33] Councilmember:** So moved.
**[00:00:34] Councilmember:** Second.
**[00:00:35] Mayor Dan Miller:** All those in favor say aye.
**[00:00:36] Council:** Aye.
**[00:00:37] Mayor Dan Miller:** Any opposed? Motion carries. The minutes are approved. Moving on to item 2B, minutes of the City Council work session on January 17, 2023. I'd entertain a motion to approve those minutes. Do I have a second?
**[00:00:45] Councilmember:** Second.
**[00:00:46] Mayor Dan Miller:** Motion and second. All those in favor say aye.
**[00:00:48] Council:** Aye.
**[00:00:49] Mayor Dan Miller:** Any opposed?
**[00:00:50] Councilmembers:** Abstain. (Two abstentions).
**[00:00:51] Mayor Dan Miller:** Thank you. Those minutes are approved. Item three, adoption of the agenda. We have a couple amendments, or at least one. I trust you've all seen the email from late last week. We're going to move what was item 8A, 2023 Legislative Priorities, up and create a new item 5A, and then the ordering will change thereafter. Beyond that, does anyone else have any corrections to the agenda? Seeing none, I'd entertain a motion to approve the agenda.
**[00:01:15] Councilmember:** Moved.
**[00:01:16] Councilmember:** Second.
**[00:01:17] Mayor Dan Miller:** All those in favor of approving the agenda say aye.
**[00:01:19] Council:** Aye.
**[00:01:20] Mayor Dan Miller:** Any opposed? We have an agenda. Item four, Consent Agenda. I'd entertain a motion to approve the Consent Agenda.
**[00:01:25] Councilmember:** Second.
**[00:01:26] Mayor Dan Miller:** Motion and a second. All those in favor say aye.
**[00:01:28] Council:** Aye.
**[00:01:29] Mayor Dan Miller:** Any opposed? Consent Agenda is approved. All right, jumping into item 5A, 2023 Legislative Priorities. Ms. Crawford.
**[00:01:37] Lindy Crawford (City Manager):** Thank you, Mayor, members of the Council. In 2021, the City Council adopted their first legislative priorities agenda. In 2022, we also did the same. In '22, they were identified as: 50% funding needed for the Public Safety facility project, increased the Deputy Registrar filing fees for reimbursement to provide customer service, and seek legislative relief for cities impacted by the District Court's order for a residential watering ban. Staff, Mayor, and City Council did work hard to move the 2022 legislative agenda forward last year, to no avail at the legislature, but did accomplish creating a strong rapport with our legislators.
Since the state bonding bill was not approved last year, the City Council chose to move forward with our Public Safety facility project, therefore not requiring that to be a legislative priority anymore. The City Council had a work session on January 17th, and the Mayor and City Council discussed potential 2023 priorities and requested the following three be brought forward: 1) Increase the Deputy Registrar filing fees to reimburse ourselves for the services we provide on behalf of the state. 2) To seek legislative relief for the cities impacted by the District Court's order for a residential watering ban, allowing White Bear Lake to continue to operate under its currently approved water supply plan. And lastly, the City Council discussed THC. We've discussed this quite a bit and decided this should be a legislative priority: that we should maintain local control for municipalities regarding potential statewide THC and legal cannabis regulations, and the ability to license and zone those related businesses.
White Bear Lake is also part of the League of Minnesota Cities and Metro Cities. Metro Cities is a little bit too large for me to include in the packet, but I did include a summary of the LMC's 23 legislative priorities. You will see we share the priority of THC and legal cannabis regulation. With that, I will stand for questions.
**[00:03:45] Mayor Dan Miller:** Great, thank you, Ms. Crawford. Why don't we jump right in? We're lucky enough to be joined by the newly elected Senator Gustafson. So if you'd like to step forward, maybe you can share with us what you know about all this and what's going on at the legislature.
**[00:04:02] Senator Heather Gustafson:** Well, thank you, Mayor Miller. I think it's on? Yeah. I'm a teacher, so thank you to everybody here. First of all, I do want to just say hi and introduce myself. I'm Heather Gustafson. I live in Vadnais Heights; we've lived here about 12 years. We don't have a ton of restaurants in Vadnais Heights, so White Bear is usually where we hang out and spend a lot of time with our family. I’m very proud to represent you. I hope this will be the first of several conversations. I've already met with your Mayor and Lindy, of course.
One of the problems with being at the legislature is you find yourself in a bubble really fast. I’m trying to stay in touch with my community. I’m going to really lean on all of you to tell me what's going on. I’ll share my number individually later. We met in December, which was smart to catch me early. I wish I had Senate file numbers for you, but the reviser is pretty backed up. Increasing the Deputy Registrar filing fee is something I've already put forward. I learned it was the legislature that really controls that pricing—I don't really think that's fair, you should be able to decide for yourself, but nevertheless, we’ll make it happen. I am going to hold you all accountable for coming to testify when the time comes.
I hear your concerns on THC. I also share those. I’m in favor of you having local control over this. I agree with Mayor Miller; it should be like liquor licenses. I confess, the bill just dropped last week and it’s this thick. I am the Vice Chair of Education Finance, which is busy, so I haven't dived in yet, but I will advocate for local control.
The Governor today released his budget for 300 million dollars for Public Safety dollars. Originally, that meant police departments would get money they could use for themselves. I want to make sure my police departments in Vadnais Heights (contracted through Ramsey County), White Bear, and Lino Lakes are taken care of. I know short staffing is a problem. If we put cannabis on top of that, that's not fair to our police officers.
Regarding the public safety facility, I know nothing got done last session. I know White Bear Township needed some things too, and we’re trying to help them. I believe it was 6.2 million last session you were asking for?
**[00:07:35] Mayor Dan Miller:** Well, 6.2 represented 50% of the then-cost. The cost has now gone up by 5 million, so the total project is now over 17 million. What we were trying to achieve last year was 50%. So now, eight million would be the 50% mark. Our understanding has been once you start the project, it no longer qualifies for bonding, but if there's a mechanism to pay for any portion with surplus money, I promise we’ll cash the state’s check to offset those costs.
**[00:08:10] Senator Heather Gustafson:** Are you talking me out of this? [Laughter]. So 8 million would be great, 17 would be ideal. I’ll ask for special supplemental funding as a stop-gap. I will fight like heck. The surplus is not exactly what it seems after you adjust for inflation, but I am willing to fight for my district.
On the water issue—it’s a mess and complicated. I’ve already been meeting with Karen Housley on it. We are going to pull together some bipartisan stakeholders. I was pleased to hear you have a regional meeting in February. I have nothing new to update yet, but it’s not forgotten. Any questions?
**[00:09:45] Mayor Dan Miller:** Thank you. I want to underscore a couple of things. First, with the lake level litigation, just know it’s a big, complicated case. Please rely on city staff to educate you; there’s a lot to chew on.
On the Deputy Registrar filing fee, we look at it like a business. Our operating costs exceed our revenues right now. That’s a failed business model. We subsidize it because we recognize the value to the community. We have a reputation for a stellar registrar, so people come from far away. But at some point, that tips over. It’s critical to long-term sustainability.
**[00:10:45] Senator Heather Gustafson:** Remind me, when was the last time you had an increase?
**[00:10:50] Mayor Dan Miller:** 2012 was the most recent substantial increase, but we haven't received an increase for Real ID, which is a tremendously longer process. The fees no longer reflect the work. It’s not even covering costs. And on THC, it’s exactly like alcohol or tobacco; it should be within the purview of local government to zone and license. I’ll open up the Council for any questions.
**[00:11:45] Councilmember Dan Jones:** First off, congratulations on the election. I’m going to sound super negative and none of it’s your fault—welcome, you’ve inherited this bag. After 16 years on this Council, I’m frustrated. The legislature has been hands-off. Who initiated MNLARS? That was a mess. Now with THC, it feels like it got snuck by. My frustration comes because I think the legislature fell asleep. Last session, I was just a "softball mom" paying for the sins of your predecessor.
The lake level thing is big and complicated. Just because one judge decided to take an arbitrary water level that was above the ordinary high-water mark of the last hundred years... I don't get it. If you want us to live by the judge's ban, the state should pay for all the cities pumping right now. And the public safety building—get us the money. I watch other cities that didn't do infrastructure come to the state for money. We did our job, we foot the bill, and then the one time we ask for help, the state can't make a decision with eight gazillion dollars of surplus. It’s unacceptable. I’m taking this out on you and I apologize, but I am sincerely happy you’re here.
**[00:14:20] Senator Heather Gustafson:** I appreciate the passion. It means it’s important.
**[00:14:35] Councilmember Bill Walsh:** Thanks for coming. I agree with my colleagues. On THC, the proponents say they want it treated like alcohol—fine, then let us license and regulate it like alcohol. On the Deputy Registrar piece, my spin is I hope we don't just pass the cost to the customer. The state pushed the work down to us with the new software. The state should eat that cost using the surplus.
Regarding the building—it’s not going to be easy because we've already started. State funding usually requires B3 building standards. It's like LEED certified on steroids. That requirement increased our project cost by 3 million dollars and added time. We decided to build it "the White Bear way"—environmentally friendly but not B3 certified. Also, the state building code made us build a storm shelter in the new facility that cost an extra $500,000. It’s a bit of an overreaction. Just keep your eye on those regulations.
**[00:17:40] Senator Heather Gustafson:** I hear the frustration. I wish I was your Senator two years ago. I can’t guarantee it, but I will work hard and keep you informed.
**[00:18:15] Councilmember Kevin Edberg:** Senator, you said you don't want to tell us things we want to hear. I appreciate that. Tell us the things we *don't* want to hear. Have you come across any of those yet?
**[00:18:35] Senator Heather Gustafson:** The 17.6 billion dollar surplus is not what people think after inflation. That’s going to be the excuse for compromises. My goal is to take care of my people in District 36 first. I know Lino Lakes is understaffed. I’m with you on THC; I’m nervous too. I have four kids. But the train is going down the tracks, and I want a role in what those tracks look like. We’re learning from Colorado and Oregon’s mistakes.
**[00:20:45] Councilmember Dan Jones:** One last thing on THC—it blows my mind that there are only 14 employees at the state right now to manage the safety of that product. Who is making sure what comes in is safe?
**[00:21:10] Senator Heather Gustafson:** I agree. It’s better that it’s regulated so it’s not laced with fentanyl, but I don't think tax revenue will be as much as everyone thinks. Prohibition doesn't work, so I’d rather have it monitored.
**[00:22:15] Mayor Dan Miller:** I want to plant a seed. The ship might have sailed on the public safety building, but we have a reconstruction of the downtown area coming in '24 or '25. It’s aging infrastructure. Downtown White Bear is a regional hub for the Township, Dellwood, Hugo, and Mahtomedi. We might need help on that project.
**[00:23:05] Senator Heather Gustafson:** That’s the information I need. Thank you.
**[00:23:15] Mayor Dan Miller:** All right, I'll bring it back to the Council. We have a resolution before us with these three legislative items. I'd entertain a motion.
**[00:23:25] Councilmember:** So moved.
**[00:23:26] Councilmember:** Second.
**[00:23:27] Mayor Dan Miller:** All those in favor say aye.
**[00:23:28] Council:** Aye.
**[00:23:29] Mayor Dan Miller:** Motion carries. Item 5B, Northeast Youth and Family Services (NYFS) annual report. Ms. Crawford.
**[00:23:40] Lindy Crawford (City Manager):** We have the CEO of NYFS here. NYFS is a non-profit meeting the needs of at-risk youth. The city holds two contracts with them, one for a mental health caseworker who works with our police department. I'll turn it over to Angie.
**[00:24:15] Angie Lewis-DeMello (CEO, NYFS):** Thank you. I’m Angie Lewis-DeMello, President and CEO. NYFS was founded in 1976 by 10 municipalities. We have locations in Shoreview and White Bear Lake. About 80% of our services go to youth and families. Last year we served 786 clients with over 21,000 appointments.
The state of youth mental health is at a crisis point. We are seeing more severe concerns—kids who are highly suicidal or experiencing intense trauma. Simultaneously, we are losing therapists. 30,000 non-profit professionals left the sector in the last two years. In Ramsey County, 46% of 11th-grade girls report long-term mental health challenges.
Our programs include clinic-based therapy, school-based services, and a day treatment program. Our diversion program has a 97% success rate. We also have a community advocacy program for White Bear Lake to support frequent callers to law enforcement on issues like domestic violence or homelessness. Our strategy is to increase the pipeline of providers by adding paid internships.
**[00:31:45] Councilmember Kevin Edberg:** Are we confident that those receiving treatment are getting better?
**[00:32:15] Angie Lewis-DeMello:** Yes, we see very good outcomes. The average time in therapy is nine months to a year. The difficulty is the workforce issue and getting kids off the waitlist.
**[00:34:10] Councilmember Dan Jones:** I was the "old-fashioned" dad who didn't understand mental health until it hit home. What can you do for families on a six-month waiting list?
**[00:35:10] Angie Lewis-DeMello:** We try to be creative. We call the waitlist regularly and triage based on severity. We’re also working with the legislature for better insurance reimbursement. Mental health therapists are paid much lower than nurse practitioners with the same education level. It’s hard to keep staff.
**[00:37:35] Councilmember Bill Walsh:** Regarding the diversion program, I hear there’s no place for youth to go in the system. Are you full?
**[00:38:00] Angie Lewis-DeMello:** We actually don't have a waitlist for diversion or Community Connections right now. But diversion is the hardest thing to get funded; many people think government should just cover it.
**[00:39:25] Councilmember Steven Hughes:** I want to say, the energy since Angie started has been amazing. It's fun to fund an organization that actually does good work.
**[00:41:00] Mayor Dan Miller:** Thank you for the report. We have a resolution for the service agreement.
**[00:41:10] Councilmember:** Move approval.
**[00:41:11] Councilmember:** Second.
**[00:41:12] Mayor Dan Miller:** All those in favor say aye.
**[00:41:13] Council:** Aye.
**[00:41:15] Mayor Dan Miller:** Item 5C, Quarterly Finance and License Bureau report. Ms. Kinswader.
**[00:41:20] Kerri Kinswader (Finance Director):** Good evening. These are unaudited reports for the fourth quarter. I believe the general fund will have a surplus, but I don't know the exact amount yet. Permit revenues were higher due to school projects and storm roofing. In the Sports Center, revenues were boosted by "Live Barn"—a service where people pay a subscription to watch games remotely. We received $58,000 from that this year.
In the License Bureau, transactions were about the same as last year, but we are doing more driver's license applications, which have the lowest revenue margin. In 2022, we processed 18,787 licenses compared to about 9,000 the year before.
**[00:45:10] Councilmember Dan Jones:** I'll compliment you—your management of overtime in the License Bureau is impressive given what you've dealt with.
**[00:46:05] Mayor Dan Miller:** Item 8A, Council Chambers renovation design. Ms. Crawford.
**[00:46:15] Lindy Crawford (City Manager):** City Hall was built in 1980. There have been no major renovations since. Safety, technology, and ADA requirements have changed. This resolution would authorize Wold Architects for design services at $21,000. We would use ARPA funds that were previously earmarked for projects that didn't occur. This would improve transparency with better screens for the public and monitors for the dais.
**[00:48:45] Mayor Dan Miller:** The goal isn't a "prettier" dais; it's logistical. Our technology is low-tech. I toured other cities and their public viewing experience is far superior.
**[00:50:35] Councilmember Bill Walsh:** I'll move the resolution.
**[00:50:40] Councilmember Dan Jones:** I'll second, but I'm wondering—35 years later, is the scope large enough? Let's not just do paint and carpet.
**[00:52:15] Councilmember Steven Hughes:** I don't want to do it. We just spent 17 million on the building next door. I've only been here a year, and I'm not excited to spend more on this room when I have other priorities. I'll be voting against it.
**[00:54:15] Mayor Dan Miller:** All those in favor say aye.
**[00:54:16] Council:** Aye (3).
**[00:54:17] Councilmember Hughes:** No.
**[00:54:18] Mayor Dan Miller:** Motion carries 3 to 2. Item 9A, Downtown Lighting. Mr. Kauppe.
**[00:54:30] Paul Kauppe (Public Works Director/City Engineer):** This is about the aging lighting on 3rd Street. The current wood pole system was installed in the 1970s. Many have failed because of underground wiring issues or rotted poles. Out of 81 lights, only 34 are working.
To fix them temporarily, we could do solar, but the old wood poles might not support the weight. Replacing underground wiring would cost $5,000 to $10,000 per fixture. We have a major reconstruction coming in 2024-2025, so we are looking for interim solutions.
**[00:58:15] Kim Schoonover (Resident/Business Owner):** I own 2183 Third Street. It is so dark out there. It’s not welcoming. I see families with kids walking in the dark. It’s frustrating because when lights go out, they aren't replaced. Please find a temporary fix.
**[01:00:15] Mayor Dan Miller:** It’s a return-on-investment issue. It makes no sense to spend $140,000 to replace everything if it's getting ripped up in 18 months. But doing nothing isn't acceptable. Is there a "Band-Aid" fix for maybe $30,000?
**[01:02:45] Councilmember Dan Jones:** Every third light? Something?
**[01:03:30] Councilmember Bill Walsh:** Can we prioritize 3rd Street in the 2024 construction schedule?
**[01:04:15] Paul Kauppe:** We plan to do parking lots in '24 and streets in '25 to avoid interfering with Marketfest.
**[01:07:45] Councilmember Kevin Edberg:** This is deferred maintenance gone bad. My concern is that downtown isn't the only place with deferred maintenance. I want to know where we make our public investments across the whole city, not just the "squeaky wheel."
**[01:11:15] Mayor Dan Miller:** Fair point. But this is before us now. Staff, can you look at which poles have structural integrity and just replace those fixtures? Maybe we can spend $30,000 to $40,000 to get us through the next two years.
**[01:14:30] Paul Kauppe:** We will look into that and report back.
**[01:15:20] Mayor Dan Miller:** Item 9B, Sidewalk Seating. Jason.
**[01:15:30] Jason Lindahl (Community Development Director):** During COVID, we allowed temporary outdoor seating. Restaurants want to continue this. We propose an ordinance to codify this. It would allow cafes from May 15 to October 15, requiring a 4-foot pedestrian passageway and a $150 annual fee. This would be for businesses that serve food and beverage.
**[01:21:15] Councilmember Dan Jones:** If they fail a liquor compliance check, their license should be yanked. And why can't retail use the sidewalk too?
**[01:22:45] Jason Lindahl:** This is currently focused on food service to add "street life," but retail expansion would be a policy decision for the Council. Right now, city code prohibits selling things on public property unless it's a special event.
**[01:24:10] Mayor Dan Miller:** We have consensus to move forward with a draft ordinance. Item 10, City Manager communications.
**[01:24:20] Lindy Crawford (City Manager):** Hockey Day Minnesota is this weekend. The Bearly Open is coming up to support the Food Shelf. We have our first concept plan review meeting on February 2nd for 2502 County Road E. Also, the Chamber of Commerce is celebrating 100 years.
**[01:26:45] Mayor Dan Miller:** I need a motion for a closed session to evaluate the performance of the city manager.
**[01:26:50] Councilmember Walsh:** So moved.
**[01:26:55] Councilmember Jones:** Second.
**[01:27:00] Mayor Dan Miller:** All those in favor say aye. We are in closed session.