WBL City Council 10/12/2021

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This transcript follows the proceedings of the White Bear Lake City Council meeting from September 28, 2021. **Note on Timestamps:** As the original text provided did not contain embedded timestamps, I have provided logical sequence markers `[00:00:00]` based on the progression of the meeting. *** **[00:00:00] Ellen Heineker (City Manager):** Thank you. Figured it out. Before we open the meeting, the City Manager has an announcement. Yeah, um, I just want to have—I have a few housekeeping items. And so we have a lot of people here, welcome everyone. We're here to celebrate our Fire Department and many people and many members in our Fire Department, and that is first on our agenda. There's some people that are out waiting for items that follow the Fire Department, and I appreciate your patience. We just would like to give room to the families and friends that are here to celebrate their family members. So, um, appreciate your patience with that. We're also asking that as you come in and as you move about, just to the best of your abilities, we're still trying to maintain some social distancing. And um, and if you have a mask and you're able to wear it, that would be great, but we know people are in different places, but nevertheless wanted to put that out there. And if you do want a mask, we do have some in back. Um, and lastly, also for those of you who are here in the back for the item we'll be discussing under New Business, and it's with regards to the Whitaker Street intersection improvements, um, we did have a public hearing at our last meeting and I just want to remind folks that they will be deliberating at the Council level, but the public hearing will not be opened again. So I just wanted to make sure that was understood. But with that, Mayor? **[00:01:30] Joe Emerson (Mayor):** Thank you. With that, I will call the meeting to order and ask the Clerk to take the roll. **[00:01:35] Kara Coustry (City Clerk):** Council members: Walsh? **[00:01:37] Bill Walsh (Council Member):** Here. **[00:01:38] Kara Coustry (City Clerk):** Bean? **[00:01:39] Kevin Bean (Council Member):** Here. **[00:01:40] Kara Coustry (City Clerk):** Jones? **[00:01:41] Dan Jones (Council Member):** Here. **[00:01:42] Kara Coustry (City Clerk):** Edberg? **[00:01:43] Heidi Edberg (Council Member):** Here. **[00:01:44] Kara Coustry (City Clerk):** Angstran? **[00:01:45] Steven Angstran (Council Member):** Thank you. **[00:01:46] Joe Emerson (Mayor):** Would you stand and join me in the Pledge of Allegiance? [Pledge of Allegiance]. Of the Council meeting on September 28th, 2021, are there any corrections to the minutes? [Music] All those in favor say aye. **[00:02:15] Council Members:** Aye. **[00:02:16] Joe Emerson (Mayor):** Opposed? Motion carries. Moving on to approval of the agenda. Ms. Heineker? **[00:02:20] Ellen Heineker (City Manager):** Mayor and Council, if we could please remove a Land Use item that's under Consent 6a1 at the request of the applicant. Thank you. **[00:02:30] Joe Emerson (Mayor):** Seeing nothing else, do I have a motion to accept the agenda? **[00:02:32] Dan Jones (Council Member):** So moved. **[00:02:33] Kevin Bean (Council Member):** Second. **[00:02:34] Joe Emerson (Mayor):** I have a motion and a second. All those in favor say aye. **[00:02:36] Council Members:** Aye. **[00:02:37] Joe Emerson (Mayor):** Opposed? Motion carries. Now next on the list under Visitors and Presentations, it's my pleasure to do this proclamation for the Toastmasters. Whereas Toastmasters International, the world's leading organization devoted to communication... [Mayor reads proclamation]. Now therefore I, Joe Emerson, Mayor of the City of White Bear Lake... proclaim October 2021 in the City of White Bear Lake as Toastmasters Month. I would like to ask Linda Schmidt to come up. I'm going to come down and present this to her. There you go, congratulations. **[00:04:15] Linda Schmidt:** Thank you very much. Thank you. [Applause] **[00:04:30] Joe Emerson (Mayor):** All right, now we come to another fun thing. So I guess I'll call up Chief Greg Peterson from the Fire Department. **[00:04:35] Greg Peterson (Fire Chief):** Madam Mayor, members of Council, thank you for having us tonight. As you all know, last year was a pretty lousy year for all of us, and so it's been kind of a long time coming to do some recognition of members of the department. We're going to start with Council Member Angstran for his 30 years of service to the department. Steve? [Chief outlines Steve Angstran’s service history]. So Steve, we'll have you come on up. Now, you're well protected tonight. Steve has a small token of recognition that says White Bear Lake Fire on it. Captain Steve Angstran. [Applause] **[00:05:45] Steven Angstran (Council Member):** Nice. [Laughter] **[00:05:50] Greg Peterson (Fire Chief):** You couldn't get out of here without your beard. You know it’s a good night when you’re running out of hands to walk away with stuff. All right, so the next person we want to recognize tonight is Firefighter Paramedic Rob Weinman... [Chief tells the story of Rob Weinman’s life-saving rescue on April 2, 2020]. In recognition of his bravery and courage, we present Firefighter Rob Weinman with the Medal of Valor. [Applause] **[00:08:10] Greg Peterson (Fire Chief):** All right, we're moving as fast as we can. The next order of item is we recently promoted four Captains... Jeremy Andert, Dylan Berglund, and Matt Starlin. So I'll have all three of them come up and somebody from their family is going to put their Captain's badge on. [Laughter] Congratulations. [Applause] Looks like the paparazzi. All right, thanks guys. **[00:09:40] Greg Peterson (Fire Chief):** Okay, the last item of business is for us is the Oath of Office, and Kara will be providing that. [Calls names of bates, Berglund, Boisher, Brown, Cook, Florahog, Gadboy, Mock, Miller, Satnick, Schneider, Volbert]. Come on up everybody, and Kara will be right back. **[00:11:00] Kara Coustry (City Clerk):** [Administers Oath of Office to the firefighters]. **[00:11:30] Joe Emerson (Mayor):** Congratulations! [Applause] Yes, that was so cute. All right, you guys can leave, thank you. We have a young lady in the front row there that took the oath with the Fire Department. I'm just saying, she could be ready. Rob has trained her well. Success as a dad, that was precious. Thank you all very much. **[00:12:15] Greg Peterson (Fire Chief):** We're going to go across the way and have a little cake together. **[00:12:20] Joe Emerson (Mayor):** We know the drill. You go there and have cake and we stay here and work. Send us cake back, right? Thanks for all your support. [Applause] **[00:12:45] Steven Angstran (Council Member):** I got distracted because I realized we're not... Steve, presentation? PowerPoint? Yep. **[00:13:20] Ellen Heineker (City Manager):** I mean, it's all just—we'll just turn it over to you. Come on people, get in here and let's go. Where’s Thomas? Let me show our staff people. There’s Joel. Okay, all right. I think we'll move on to 4c. Ms. Heineker, you had something? **[00:13:45] Ellen Heineker (City Manager):** Yes, Mayor and members of the Council. So we have Joel Dunning here from Wold. I wasn't unless the Council wanted to review the slides... [Ellen summarizes the timeline of the Public Safety Building project from 2017 to 2021]. The total cost is projected to be about 12.5 million dollars... tonight Council is not making a decision on moving forward with it, tonight the decision is to move forward with final design. [Explains the bonding schedule and public hearing]. **[00:18:45] Bill Walsh (Council Member):** Well, maybe a question was remembered just on that topic. The schedule is just a little bit off because, and I appreciate it was in the memo, I still believe we ought to make a play to the legislature to get some help funding this garage. I just worry about the timing a little bit... let's keep that in mind. **[00:20:10] Ellen Heineker (City Manager):** Thank you Council Member Walsh. For the Council, that is something that we're in conversation with with our representatives. **[00:20:25] Heidi Edberg (Council Member):** Council Member Walsh and I have had common cause on this topic. I'm curious, Mr. Walsh, if you have some more tangible suggestions on what that schedule ought to look like? **[00:20:40] Bill Walsh (Council Member):** Well Madam Mayor, Council Member, I think we can get it "shovel ready." I just think we ought to pause a little bit on the financing so that we ask for help first. **[00:20:55] Ellen Heineker (City Manager):** Madam Mayor and Council Member Walsh, my caution is that if we don't start that process and we wait until May, then we'll lose a year of construction. **[00:21:15] Bill Walsh (Council Member):** We're being very transparent, which is fine, but I mean if the legislature says, "Well, you've already got approval to bond for the full amount, what do you need us for?" **[00:21:30] Heidi Edberg (Council Member):** Given inflation in the construction trades right now and the financial impact that comes from that, I'll be very curious in understanding the distinctions for when construction starts. **[00:21:55] Heidi Edberg (Council Member):** City Manager, thank you for your summary of work today. I indicated some interest in this topic in our last work study session. I’d like to have in writing all of the strategies the ways that we are going about utilizing in this project to optimize operational costs and reduce energy cost. **[00:22:30] Dan Jones (Council Member):** Mayor, thank you. I just want to make sure that we keep moving forward. What you're saying, Council Member Walsh, is reasonable... but our firefighters and peace officers are living in buildings that are 60, 51 years old. I just don't want to see this momentum stopped. **[00:23:45] Joe Emerson (Mayor):** So with that, we do have a resolution here. Resolution authorizing the City Manager to execute a contract with Wold Architects to complete the remaining design and construction phases for the Public Safety Building. Do I hear a move to approve? **[00:24:10] Dan Jones (Council Member):** Move to approve. **[00:24:12] Kevin Bean (Council Member):** Second. **[00:24:13] Joe Emerson (Mayor):** I have a motion and a second. Is there any further discussion? If not, all those in favor say aye. **[00:24:17] Council Members:** Aye. **[00:24:18] Joe Emerson (Mayor):** Opposed? Motion carries. Moving on to Public Hearing 5a. Ms. Heineker? **[00:24:25] Ellen Heineker (City Manager):** Actually, I'm going to pass it over to Ms. Kane. **[00:24:30] Anne Kane (Community Development Director):** Thank you Madam Mayor, members of the Council. This is a request from Main Street organization that operates our charming downtown district. [Explains the Special Service District levy of $45,000 renewal]. **[00:26:30] Joe Emerson (Mayor):** Any questions for Ms. Kane? Okay. At this point, Mr. Boucher, if you have anything you want to say, you're welcome to come up. **[00:26:45] Bruce Boucher (Main Street President):** Good evening, Ms. Mayor, Council Members. This is Cherise Luterno, she does our finances. I want to thank you all for making my job a lot easier by guiding us through what has been a very difficult rough year for all of us business people. **[00:27:15] Kevin Bean (Council Member):** Thank you Madam Mayor. I have no questions, I just want to thank you for helping usher this through. **[00:27:35] Joe Emerson (Mayor):** I will close the public hearing. We have a motion and a second. All those in favor say aye. **[00:27:40] Council Members:** Aye. **[00:27:41] Joe Emerson (Mayor):** Motion carries. Moving on to Land Use 6b, consideration of a planning commission decision by Daniel Anderson for three variances at 1481 Birch Lake Boulevard North. Ms. Kane? **[00:27:55] Anne Kane (Community Development Director):** Thank you Madam Mayor, members of the Council. The property is located on the north side of Birch Lake Boulevard North. The homeowners, the Andersons, would like to build a pool on the property. [Explains the three requested variances for setback and fence height]. **[00:30:50] Bill Walsh (Council Member):** Thank you Madam Mayor. You said that the staff thought the pool location maximized... what do you mean by that? **[00:31:05] Anne Kane (Community Development Director):** It meets the 20-foot side yards. The living space of the neighbors is to the north. It’s away from their living space. **[00:31:50] Kevin Bean (Council Member):** What about encroaching even further into the front yard and having the pool in front of the house? **[00:32:15] Anne Kane (Community Development Director):** I don't think we have a pool in the front yard. Staff was not giving guidance to the applicants because of that departure from the standard. **[00:32:50] Troy Gilchrist (City Attorney):** Mayor and Council Member, the granting of a variance is property-specific. I'm hearing staff suggest some concern about "opening the door" if it can fit in the side yard. **[00:33:35] Heidi Edberg (Council Member):** Ms. Kane, the minutes refer to agreements between previous owners. Can you provide illumination on that? **[00:33:50] Anne Kane (Community Development Director):** It was a "gentleman's agreement" regarding the view-shed and a burrow tree, but it was never formalized or recorded against the property. **[00:34:30] Rod Cruiser (Neighbor):** Hi there, I'm Rod Cruiser, 1469 North Birch Lake Boulevard. I'm the next-door neighbor to the Andersons. I think the agreement was more than just a handshake... We're good neighbors, on good terms. I'm just concerned about the viewing of the lake. **[00:35:45] Daniel Anderson (Applicant):** I'm Daniel Anderson, and my wife Megan. [Explains why they want a pool for safety/swimming]. We've made concessions—wrought iron fence, moving the hot tub, no diving boards. I feel like the view actually gets improved by removing the tree and playground. **[00:39:20] Kevin Bean (Council Member):** If we approve this, I would like to see a restriction that there be no slide. Would you be agreeable to that? **[00:39:35] Daniel Anderson (Applicant):** Yes, we will not put a slide up. **[00:40:15] Dan Jones (Council Member):** I will weigh in. As it looks now, I will not support the variance. You built on a lot, you knew the configuration. I'm looking for the "practical difficulties." You can still build the pool, just make it a little shorter. **[00:41:15] Bill Walsh (Council Member):** I'm leaning towards granting the variances. The amount of feet they need is very small. The wrought iron fence does it for me. **[00:42:00] Heidi Edberg (Council Member):** I'm inclined to ask if colleagues think about relocating the site to a mutually more amenable location? **[00:42:15] Steven Angstran (Council Member):** I would say no, due to the hardship of moving all the utilities. **[00:43:00] Kevin Bean (Council Member):** Madam Mayor, I will move to approve and support the variance with the restriction of no slide. **[00:43:15] Bill Walsh (Council Member):** Second. **[00:43:20] Joe Emerson (Mayor):** All those in favor say aye. **[00:43:22] Council Members:** Aye. [Except Jones]. **[00:43:24] Joe Emerson (Mayor):** Opposed? [Jones says nay]. Motion carries. Mr. Anderson, go build your pool. **[00:43:40] Anne Kane (Community Development Director):** [Presents second reading of Text Amendment 8a regarding home occupations]. **[00:45:15] Bill Walsh (Council Member):** I'll move the ordinance change. **[00:45:17] Dan Jones (Council Member):** Second. **[00:45:20] Joe Emerson (Mayor):** All those in favor say aye. Motion carries. **[00:45:30] Ellen Heineker (City Manager):** [Summarizes 9a, the Whitaker Street intersection municipal consent]. Council did not act on the municipal consent at the last meeting because we were awaiting the Rush Line corridor environmental review. That decision has been released, indicating no significant environmental impacts. Staff recommends approval. **[00:47:45] Bill Walsh (Council Member):** The land we need to acquire for storm water... are we acquiring land for storm water or for the bus platform? **[00:48:15] Ellen Heineker (City Manager):** Tonight's vote is on the right-of-way for storm water management and the closure of the entry to 61. It is not an approval of the acquisition of private property; that is a negotiation between MnDOT and the property owner. **[00:49:15] Bill Walsh (Council Member):** But for Rush Line, we wouldn't be talking about this project. It troubles me that we're taking this guy's land. **[00:50:30] Dan Jones (Council Member):** This intersection has been on the conversation for 40 years. To me, the Rush Line is not part of this conversation. I want to get the best deal I can for the intersection we're left with. I support it. **[00:53:50] Heidi Edberg (Council Member):** I also honor Mr. Walsh's argument about "but for," but but for the city providing access to parking spots that are free, those businesses wouldn't be as supported as they are. **[00:55:10] Kevin Bean (Council Member):** I drive 61 several times a day. Whitaker and 61 is the most critical need for access control. This intersection needs to be done. **[00:55:50] Bill Walsh (Council Member):** I agree the intersection is not safe. But the price of getting it fixed is a bus line 89 times a day. Maybe we should go the other direction and not have a signal there at all. I reject the idea that we can't stop the Rush Line. **[00:57:45] Steven Angstran (Council Member):** I agree with Mr. Walsh. The intersection is hazardous, but I don't like this project and I will vote no. The only way the state will fix things is if somebody dies first. **[00:58:30] Kevin Bean (Council Member):** The vast majority of people I've talked to have no comment, but there is a very loud group against it. We can be influential, but we can't pretend we can stop this. **[00:59:50] Dan Jones (Council Member):** I'm curious where you all were last Tuesday when the Ramsey County board handed over 40 million dollars? That’s where the power is. I’m moving to approve. **[01:02:15] Troy Gilchrist (City Attorney):** [Explains the legal impact of municipal consent and the appeal board process]. **[01:04:15] Joe Emerson (Mayor):** I will ask for a roll call vote. **[01:04:20] Kara Coustry (City Clerk):** Edberg? (Aye) Walsh? (No) Jones? (Aye) Angstran? (No) Bean? (Aye). **[01:04:30] Joe Emerson (Mayor):** The ayes have it, passes 3 to 2. Moving on to 9b, energy performance with Train. **[01:04:45] Ellen Heineker (City Manager):** [Summarizes the energy performance audit findings and the 8.7-year payback for building improvements, plus the separate solar rooftop project]. **[01:08:45] Bill Walsh (Council Member):** I'm looking at the solar spreadsheet... will we own the panels? **[01:09:15] Thomas Huberty (Train Technologies):** Madam Mayor, Council. If you bond it, what is listed as a "lease payment" just becomes your debt service. You would own them. **[01:10:45] Heidi Edberg (Council Member):** I'd like to throw an idea around. Borrowing from our citizens instead of bonding. How do we keep money local and benefit our residents? **[01:11:45] Dan Jones (Council Member):** I support this. The solar panels are an appliance—what happens in 30 years? **[01:12:10] Thomas Huberty (Train Technologies):** They are warranted for 20-25 years. They will gradually lose effectiveness but they don't have moving parts. **[01:13:50] Bill Walsh (Council Member):** I’d like to amend the resolution to remove the solar project. I’ll say something unpopular: solar is stupid. [Gives speech on higher rates for constituents and cobalt mining issues]. I move to take the solar piece out. **[01:15:30] Joe Emerson (Mayor):** All those in favor of the amendment [to remove solar] say aye. (Walsh says Aye). Opposed? (The rest say Nay). The nays have it. **[01:16:00] Joe Emerson (Mayor):** Main motion to approve the full contract with Train. All those in favor say aye. **[01:16:05] Council Members:** Aye. [Except Walsh]. **[01:16:08] Joe Emerson (Mayor):** Motion carries. Moving to 9c, Lakewood Hills playground. **[01:16:20] Paul Kelpi (City Engineer):** The Lions Club has donated $300,000. We received an additional $117,000 grant. We recommend purchasing the equipment now to avoid price increases. **[01:17:40] Dan Jones (Council Member):** Move to approve. **[01:17:42] Bill Walsh (Council Member):** Second. **[01:17:45] Joe Emerson (Mayor):** All in favor? Aye. Motion carries. 9d, employee insurance. **[01:18:15] Ellen Heineker (City Manager):** [Summarizes negotiations with Medica and the 9% rate increase]. Employee committee recommends approval. **[01:20:15] Joe Emerson (Mayor):** Motion to approve? (Jones moves, Bean seconds). All in favor? Aye. Motion carries. **[01:20:30] Joe Emerson (Mayor):** Consent agenda? (Approved). Communications? **[01:20:45] Ellen Heineker (City Manager):** Just pay attention to your emails regarding the interviews on the 20th. **[01:21:15] Joe Emerson (Mayor):** I would entertain a motion to adjourn. (Approved). We are adjourned.