This transcription identifies the speakers based on the context of the White Bear Lake City Council meeting. **Speakers:** * **Mayor:** Dan Eaton * **Ms. Crawford:** Lindy Crawford (City Manager) * **Mr. Juba:** Rick Juba (Assistant City Manager) * **Councilmember Walsh:** Bill Walsh * **Councilmember Hughes:** Dan Hughes * **Councilmember Edberg:** Steven Edberg * **Councilmember Jones:** Dan Jones * **Councilmember Engstrand:** Kevin Engstrand * **Mr. Gilchrist:** Troy Gilchrist (City Attorney) * **Mr. Lindahl:** Jason Lindahl (Community Development Director) * **Mr. McKilligan:** Ryan McKilligan (Developer, Element Design Build) * **Lee Branwall:** Resident (Public Comment) * **Ann Coves:** Resident (Public Comment) * **Chris Green:** Resident (Public Comment) * **Frank Watson:** Resident (Public Comment) * **Mr. Kopi:** Paul Kopi (City Engineer) * **Ben Agan:** Building Official *** **[00:00] Mayor:** You can do it if you want. I'm just going to say, okay, thanks. You know, yeah, yeah. You think be a cheerleader for him or you can sit there. The history contest... Call the meeting to order. Clerk, please note those in attendance. All right, thank you. Please join me in the Pledge of Allegiance. **[00:25] All:** 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. **[00:40] Mayor:** Thank you. All right, we'll jump into item two, approval of the minutes, and entertain a motion to approve the minutes of the regular city council meeting on February 28, 2023. **[00:50] Councilmember:** Move to approve. **[00:52] Councilmember:** Second. **[00:55] Councilmember Walsh:** I would just like some credit, uh, our city clerk for compiling the minutes. There was some whiteboards, like three of them needed, and you put it all down in roughly two pages. Good job. **[01:05] Clerk:** Thank you, Mr. Mayor. **[01:07] Mayor:** All those in favor say aye. (Aye). Any opposed? Minutes are approved. One abstention. Moving on to adoption of the agenda. We have two changes. Item 4B, resolution approving business license renewals, will now become 8B. And we're also going to move item 4i, resolution approving a logo copyright agreement, down to new business, so that'll become item 8C. Are there any other amendments to the agenda? Seeing none, it would entertain a motion to adopt the agenda. **[01:40] Councilmember:** Motion. **[01:42] Councilmember:** Second. **[01:44] Mayor:** All those in favor say aye. (Aye). Any opposed? We have an agenda. Moving on to item four, I'd entertain a motion to adopt the consent agenda as amended. **[01:55] Councilmember:** So moved. **[01:57] Councilmember:** Second. **[01:59] Mayor:** Motion and a second. All those in favor say aye. (Aye). Any opposed? The consent agenda is approved. Item five, visitors and presentations, we have nothing scheduled. Item six, public hearings, first reading of an ordinance amending the 2023 fee schedule. This is Miss Crawford. **[02:15] Ms. Crawford:** Mayor, members of the council, tonight is a first reading and a public hearing of an amendment to the 2023 fee schedule. On February 28th, the city council approved an ordinance to permit sidewalk cafes. The approved ordinance allows that fees be established in the city's fee schedule for sidewalk cafe permit application, permit renewal, and administrative penalties. So in your staff report is a proposed amendment to the fee schedule for administrative offenses. For the permit violations, staff recommends a hundred-dollar fine. For the sidewalk permit initial application, we recommend an application fee of 150. For renewal of the application with significant changes, we recommend a renewal fee of 125, and a renewal application with no changes, sixty dollars. So tonight the city council will hold a public hearing and the first reading, and the second reading and consideration for adoption will be at the March 28th city council meeting. Thank you. **[03:20] Mayor:** Thank you, Ms. Crawford. Council, do we want to discuss this at all at this stage or wait until the second reading? All right, this will be held over. We've had a first reading... Oh, I'm sorry, this is a public hearing. I will now open it up for a public hearing. Going once, going twice... I'll close the public hearing. Now we're done. **[03:45] Councilmember Walsh:** Well, Mr. Mayor, I was going to wait for the public meeting to make a comment, so okay. Um, and I don't know if we can—obviously we get to talk about this in a few weeks when we have this back—but just, I think I said this at the last time, so I'll just get it on the record. I don't mind the original fee. I'm not in favor... I think after that, the fee could be zero. So I'll be leaning that direction, possibly moving to amend. So just as a heads-up, I think once we get it established, and if it's year after year and it's simple, I don't think we need to charge these guys 60 bucks a year for the privilege of doing business on a sidewalk. **[04:25] Mayor:** Anyone else on the council have a thought on this before we move on? All right, we're sure? Now we're good. (Laughter). I don't really count, Mayor. Um, so just to be clear, based on this, staff is going to bring back the same ordinance for the second reading? **[04:45] Ms. Crawford:** Yes. **[04:47] Mayor:** Okay, I think the thought being to put a button on this, if we need to make amendments—this isn't a long, complicated ordinance—we can make it on the fly and amend it. I'm sure there will be some thoughts on that, but we'll reserve that until the next meeting. Regardless of what anyone has to say, I am going to move on. So, item seven, unfinished business, we have nothing scheduled. Item 8A, Minnesota Public Employee Association labor agreement. Mr. Juba. **[05:15] Mr. Juba:** Mayor, council members... If we could go back to that last item for just a moment? Sorry, not funny. Sorry, I missed that. Good one. City staff and the Patrol Union have reached an agreement on their renewed union contract, and we have that in front of you for approval tonight. If you recall, we had two other labor union agreements on the last council agenda which were approved, and this one is very similar to both of those. So for the patrol contract, we have a two-year duration. Health insurance premiums will be held at the same contribution levels for 2023 as they were in 2022 and will reopen in 2024. Uniform allowance goes up both years of the contract, and this is for items such as belts, holsters, whether they're winter gear, rain gear, items such as that. These amounts match what was approved for the Sergeant's contract at the last meeting. **[06:30] Mr. Juba:** And then wages are again from the classification compensation study that was approved in September. We had kind of a reset for all of our contracts. The structure for the patrol contract is very similar to what you saw at your last meeting. In 2023, they'll receive a three percent cost of living increase, and then on 7-1-2023, they'll move into a new wage scale which is within the parameters of that study. There is no more longevity and education pay; that's now factored into the structure scale. Then in 2024, back to more normal business, we have a three percent cost of living adjustment on 1-1, and then employees will move through their steps on their employment anniversary dates. Field training pay now moves to one hour of overtime pay per shift. With that, we recommend approval of the two-year contract with the patrol officers. **[07:45] Mayor:** Very good. Thank you, Mr. Juba. I'll extend my compliments. I know negotiating these contracts is laborious and time-consuming, and it sounds like we got a resolution that both parties are happy with. So good job with that. **[08:00] Ms. Crawford:** Thank you, Mayor. **[08:05] Mayor:** Council, we have a resolution before us. We have comments or questions for Mr. Juba? Councilmember Hughes. **[08:12] Councilmember Hughes:** How do you think this compares to other police officers' pay in the region? Are we competitive? **[08:20] Mr. Juba:** Thank you, Mayor and Councilmember Hughes. Yes, that was part of going through the classification compensation study—identifying where we thought that range was competitive, and we feel like the range that we landed at here is competitive within our region. **[08:40] Councilmember Hughes:** I just feel like our police officers do a really good job, and I want to make sure that we're... **[08:45] Mayor:** Anyone else on the council? I have a motion, do I have a second? Any further discussion on this? Seeing none, all those in favor say aye. (Aye). Any opposed? Motion carries, resolution passes. Good job again, Mr. Juba. All right, moving on to item 8B, approval of business license renewal. Who's taking this? Crawford? **[09:10] Ms. Crawford:** Mayor, members of the council, tonight you will be reviewing and hopefully renewing various annual business and liquor licenses for the business cycle April 1, 2023, through March 31, 2024. The city's municipal code requires that certain business activities be licensed. Licenses have a one-year term. The following businesses have closed and will not be renewing: The Stadium Bar and Grill, JJ's Beer Stube, Birch Lake Liquor, and White Bear AmStar. King City applied to renew their on-sale liquor license but will not be renewing their Sunday liquor license. Pagoda restaurant and The Waters have decided to no longer offer liquor beverages. Various massage therapists did not renew their license, including Vita De Spa, Family First Chiropractic, Walker of Blue Balance, and Sun Bear Salon and Spa. Houlihan's Pub was not responsive to the city's attempts to contact them regarding renewal and fire inspection; therefore, staff did not include them. **[11:00] Ms. Crawford:** Keys Cafe has applied for an on-sale wine license—this will be a new liquor license. MGM Wine and Spirits has taken over the property previously owned by C&C Wine and Spirits. Washington Square Bar and Grill has new owners undergoing a background check; staff recommends approval contingent upon that. Regarding tobacco compliance, 24 establishments were checked in June 2022. Six establishments failed that check: Speedway North Oaks, Holiday White Bear Bait, MGM Liquor Warehouse, Freedom Value, and a second Speedway. A second check in the fall had no failures. Regarding THC products, a moratorium was adopted to consider local regulations. Police conducted compliance checks in November 2022. Five tobacco-licensed establishments failed: Convenience and Tobacco, E-Cig Smoke Shop, Firehouse E-Cig Shop, M&J Tobacco, and Nothing But Hemp. A second round of checks in March 2023 showed two repeat offenders: M&J Tobacco and Nothing But Hemp. **[13:15] Ms. Crawford:** Regarding alcohol, three establishments failed the first compliance check: Carbone's Pizzeria, Brickhouse Food and Drink, and the Burger Bar. There were no failures during the second check. Police calls for concern involve behavioral changes due to alcohol. While there has been a decrease in calls since COVID-19, we continue to see calls of concern, including this past weekend. Most establishments close by midnight, but a few remain open until 2 AM. It's been discovered one establishment—White Bear Bar—does not currently have the proper state license for that, so we are working with the state. Fire Marshal inspections are ongoing, and licenses will be contingent upon final inspection by March 31. You have a resolution for approval. **[15:10] Mayor:** Thank you, Ms. Crawford. So there's one thing in particular that I want to call attention to. We have some tobacco shops that failed the compliance check on one occasion and then the second time they passed. We had some liquor establishments that failed, but then they corrected their mistake. Now I also see that there are five tobacco shops that also sell illegally certain THC products, and five of those failed a compliance check, but unlike tobacco and alcohol, they continue to be out of compliance—they failed a second time. This is a question for Ms. Crawford or perhaps our City Attorney. Is there any ongoing criminal case associated with those violations? What is the status of those? **[16:05] Mr. Gilchrist:** Mr. Mayor and Council, as you all know, I'm not the city prosecutor, so I'm not directly involved in those decisions. But as I understand it, there is a criminal case being pursued against those who were found to have been selling THC products in violation of your moratorium. I understand it's anticipated to take several months to reach a conclusion. **[16:30] Mayor:** Okay, so then my question becomes—and I'm sure others on the council will want to weigh in—we don't have a licensing structure to sell THC products, but we do have a moratorium. Does one relate to the other? Can a violation in another area be used to not issue a tobacco license, for example? **[16:55] Mr. Gilchrist:** Mr. Mayor and Council, traditionally, you're focused on things related to the licensed business. However, your code does talk about a basis of denial for tobacco licenses. I will note the code specifically says "the following list is not exhaustive or exclusive," so it does suggest the council has some discretion beyond the listed seven items. **[17:25] Mayor:** Okay, not a direct tie, but arguably there is some discretion. **[17:35] Councilmember Walsh:** Well, thank you, Mr. Mayor. I'll pick up where you left off. The code for licensure, item number five on that list: "The applicant or licensee... has outstanding fines, penalties, charges, or property taxes owed to the city." I assume they've been charged with a misdemeanor? It's happened twice with these two businesses. I think we have grounds here. The license is an agreement between the city and the business. In the meantime, we've got two businesses that are flaunting the moratorium. I'm ready today to move to strike these two businesses from the tobacco list: M&J Tobacco and Nothing But Hemp. I feel like it's a business not in good standing. **[19:20] Councilmember Edberg:** Thank you, Mr. Mayor. Question for the City Attorney. I don't have the ordinance in front of us, but all of the other language in there talks about monetary charges, not legal charges. "Fines, penalties, charges, or property taxes owed to the city" struck me as a financial charge. Have they been found guilty? I'm not clear that that language actually applies in this situation. **[20:00] Mr. Gilchrist:** Mr. Mayor and Council, my reading is that these are charges imposed by the city, like a special assessment or fee. Typically, a criminal fine is owed to the court, not directly to the city. However, the list is not exhaustive. If the council is inclined to look hard at these two businesses, I would recommend a motion to continue consideration to the next meeting to give the businesses notice and an opportunity to be heard. That would be a more defensible process. **[21:15] Councilmember Jones:** Mr. City Attorney, could you please read the ordinance line specifically? **[21:20] Mr. Gilchrist:** Section 1104.040: "The following shall be grounds for denying... the following list is not exhaustive or exclusive." And then number five mentions outstanding fines or charges owed to the city. **[21:40] Councilmember Jones:** I think at least if we walked away from tonight with a suspension of the license. At minimum, we temporarily suspend until we find action. There is no argument that they failed. They want to use a loophole to continue to sell THC because the state passed a bad law. They have thumbed their nose at our community. We chose to regulate, not just pass the buck. These folks are selling it anyway because the state says... It really pees me off. I would certainly move to suspend their licenses until we choose what action to do. **[23:00] Mayor:** My concern with suspension is we want to make sure we're not creating exposure for the city. These renewals go into effect April 1. We will have another city council meeting before then. **[23:25] Mr. Gilchrist:** Mr. Mayor, your tobacco license section talks about revocation or suspension requiring reasonable notice and an opportunity to be heard. That would lead me to recommend you not take a suspension action tonight, but continue the items to the next meeting. **[24:00] Mayor:** I agree with everything Councilmember Jones said. I’m looking at six full pages of businesses that comply with the law, except M&J Tobacco and Nothing But Hemp. I support continuing this to the next meeting. Ms. Crawford, I don't recall which establishment it was—someone selling alcohol doesn't have the proper state license to go until 2 AM? **[24:45] Ms. Crawford:** That is White Bear Bar. That was discovered today after a police incident over the weekend. We are looking into that. **[25:10] Mayor:** Does the council want to consider that? **[25:15] Councilmember Hughes:** Are we tabling the entire bit or pulling out a couple of things? **[25:20] Councilmember Walsh:** I'll move approval of the resolution striking M&J Tobacco and Nothing But Hemp from the tobacco list, continuing them until the next meeting. I think the White Bear Bar issue can be handled administratively. **[26:10] Mayor:** I have a motion to pass the resolution as written with the exception of M&J Tobacco and Nothing But Hemp. Do I have a second? (Second). All those in favor say aye. (Aye). Motion carries. Item 8C, logo copyright agreement. Ms. Crawford. **[26:35] Ms. Crawford:** Mayor, members of the council, Dan Jones, a White Bear Lake resident and city council member, created a collection of bear drawings for the city. Staff requests to enter into a transfer of copyright agreement. The city agrees the drawings will be used for city-related business only. **[27:00] Mayor:** I'll note for the record that Councilmember Jones is not receiving any monetary compensation; he’s effectively donating his fine art to the city. **[27:10] Councilmember Engstrand:** Does this include the green ones over 35? **[27:15] Councilmember Jones:** No, the green bears were not included. (Laughter). **[27:25] Mayor:** Motion to approve? (Moved/Second). All those in favor say aye. (Aye). One abstention. Motion carries. Item 9A, concept plan review for 2502 County Road E. Mr. Lindahl. **[28:00] Mr. Lindahl:** Mayor, members of the council, this is a concept plan review for the property at 2502 County Road E. The applicant is Element Design Build. They are proposing to redevelop the vacant petrol wash station into 18 residential units—15 in an apartment building and three in townhomes. This is just a discussion; no formal approval tonight. The future land use is designated as mixed-use. The apartment building is three stories at the corner, pairing down to two stories as it transitions east. There are 32 total parking stalls. Plan commission reviewed this on February 27; five residents were opposed, three generally supported the design quality. I'll let the developer provide more detail. **[33:15] Mr. McKilligan:** Good evening, Mayor and council members. My name is Ryan McKilligan. We initially found this lot during the County Road E Corridor Action Plan. The main takeaway was that we needed to address parking, the appropriate number of units, and long-term management. If you stand at the northwest corner, you're at a busy intersection; if you're at the southeast corner, you're in a quiet neighborhood. We tried to find a design that justifies both. We have 15 apartment units and three townhomes. We're maximizing parking with 32 stalls. We see this as a strong residential anchor. **[38:20] Mayor:** We’ll hear from the public first. Lee Branwall. **[38:30] Lee Branwall:** 3583 Glen Oaks Avenue. We are very strongly against it. The height, the compatibility with the area... Nobody from the developer talked to us. We are concerned about water runoff into Peppertree Pond. We pay to get that pond treated every year. **[40:10] Ann Coves:** It would be nice if you could drive past it. Jansen Avenue is very narrow, and kids walk up that hill to the school bus. Parking on Jansen is going to make it more dangerous. **[41:00] Chris Green:** 3587 Glen Oaks Avenue. A three-story building there looks a lot taller because it’s on a high point of a hill. It’s too much in too small of a space. It needs to be scaled back. **[42:45] Frank Watson:** 3567 Glen Oaks Avenue. Go stand at the Arbors building and imagine another building six and a half feet higher on that corner. That’s what this is. I also haven't heard a good plan for handling the water runoff. **[44:15] Mayor:** Mr. McKilligan, if you reduce this from three stories to two, is it still viable? **[44:30] Mr. McKilligan:** If we can only build one story above structured parking, no. We’re trying to minimize intensity. Condos would be difficult in this interest rate environment, but the townhomes could potentially be for sale. **[47:00] Councilmember Walsh:** How do we come to the parking number? **[47:15] Mr. Lindahl:** The city requirement is two stalls per unit. This concept is four stalls short. **[47:45] Councilmember Edberg:** Mr. McKilligan, what is your business model for management? **[48:10] Mr. McKilligan:** Everything we've built, we still own. We plan to hold this for at least three to five years. **[50:30] Councilmember Hughes:** Why not bury the parking? **[50:40] Mr. McKilligan:** You’d have to excavate the entire site ten feet deep. The costs are prohibitive. **[51:40] Councilmember Jones:** 35 feet is the limit. You don't have one inch more from me. I want to see a sidewalk connecting Glen Oaks to Bel Air. As for the pond, it’s been there since at least 1937. I am concerned about runoff. **[55:00] Councilmember Edberg:** This is the best proposal I’ve seen for this corner in a long time. I’d like to see if we can find a way to get to "yes." **[56:10] Councilmember Hughes:** I generally support the concept. I don’t have a huge problem with the height because the peaks make it attractive. **[57:30] Mayor:** Thank you. We look forward to continuing to work with you. Item 9B, abatement of hazardous property at 2239 Carlisle Court. Ben Agan. **[58:15] Ben Agan:** The owner was served on January 4th. Ramsey County contacted us and said they are working with her to provide loans and grants for rehabilitation. They want to start the clean-out this Friday. The cars are already gone. They asked that we withhold proceeding with the court order while they do the work through August 31. **[60:00] Mayor:** This seems like a no-brainer. If the county has money, we should give her time, but on a short leash. **[61:00] Councilmember Jones:** As long as progress is being made, I’ve got patience. **[61:30] Ms. Crawford:** Neighborhood meetings are scheduled tomorrow for 2687 County Road D and the North Campus school amendment. Also, construction has started on the Public Safety facility renovation. The lobby is closed. **[63:00] Councilmember Engstrand:** Are we doing medication pickup? **[63:05] Ms. Crawford:** Not for right now, but we will provide info on other sites. **[63:30] Mayor:** Entertain a motion to adjourn? (So moved/Second). We’re adjourned.