This transcript features **Mayor Jennifer Arsenault**, Councilmembers **Kathy Weier**, **Mark Foster**, **Justin (Councilmember)**, and **Margaret (Councilmember)**, along with City Administrator **Becky**, City Attorney **Alan**, City Engineer **Marcus Johnson**, and City Planner **Ben Wikstrom**. [0:04] [Music] [0:17] [Music] [0:27] [Music] [0:58] [Music] [1:40] [Music] [2:07] [Music] [2:55] **Jennifer Arsenault (Mayor):** Good evening, everyone. I'd like to call this meeting to order and welcome you. [3:41] **Jennifer Arsenault (Mayor):** Let's start with the Pledge of Allegiance. [Music] Our first order of business is to approve the agenda. We have one item to add. Justin, we are looking to discuss the approval of John Waller's reappointment to the Rice Creek Watershed District. Do you—yep? Okay. We’ll add that to the first item of City business. [4:28] **Kathy Weier (Councilmember):** I'd like to remove City business item G, please. We'll defer that and revise it a little bit. [4:35] **Jennifer Arsenault (Mayor):** Okay, we can do that. Actually, then I'll put John Waller's in G. All right, then we have the alphabet soup fully souped. Any other additions or deletions? Hearing none, may I have a motion to approve the agenda? [5:02] **Justin (Councilmember):** Will so move. [5:04] **Kathy Weier (Councilmember):** Happy seconds. [5:06] **Jennifer Arsenault (Mayor):** All in favor? (Group: Aye). Opposed? Motion carries. Agenda approved with one addition and one deletion. All right, I'd like now to open the public forum. I’d just like to remind everybody, you're all very welcome here. Everyone can have a maximum of three minutes to speak. Becky will be the timekeeper, and she will let you know when your three minutes is up. When you come to the podium, state your name and address for the record. Go ahead. [5:44] **Ruth Jensen:** I am Ruth Jensen of 701 Hall Avenue. I am here about that anonymous letter that most of Birchwood got. This topic is so controversial I thought about coming here with a bag over my head so I could be anonymous, but it's the anonymity of the letter that makes me so mad. I think the letter is a hit piece that gives a distorted view intended to disgrace a candidate a month before a general election. For instance, saying she’s accused of unlawfully taking City funds—except for this letter, she’s not accused of anything. I think the letter mischaracterizes a timing mistake in the passage of a council pay raise in 2020 as a deliberate plan to cheat the city. I hope the council will go on record in some way to discourage the use of questionable anonymous letters during Birchwood election cycles... [continues detailed explanation of 2020-2023 pay raise timeline]. [8:30] **Ruth Jensen:** ...I was also told that the council was very concerned about the letter and was meeting about it right then. Then I was told there had been a request, but the City Attorney said data requests were private. I showed them that was wrong and I got a copy of the request made on September 23rd for the city's MailChimp list... [8:47] **Jennifer Arsenault (Mayor):** You can finish your thought. [8:50] **Ruth Jensen:** I've also been told there was and will be no council investigation. I don't like all this. It looks like confusion at best and deception at worst, and I hope the council does something to be more forthright in the future. Thank you. [9:32] **Jennifer Arsenault (Mayor):** Thank you. And I would like to say that the council and city employees did not know about this letter, did not direct it, and had nothing to do with it. I know some residents were concerned because the return address said "Birchwood Election Information," so that was confusing, but the city had no dealings with that letter whatsoever. Go ahead. [10:20] **Nick Leaves:** Hi, I’m Nick Leaves from 3 Owl View Court. We’ve lived here all 19 years. There's never been a letter like that. I will just say, as far as the candidate for mayor goes, every time she's in office, our taxes go down or stay the same. It was the anonymity of the letter that worried my wife and me. If you’re going to send out a letter like that, let’s know who it's from. Thanks for your time. [11:06] **Jennifer Arsenault (Mayor):** Sure. Becky, could you explain what was divulged? [11:15] **Becky (City Administrator):** Yes. No email addresses or physical addresses were given out; it’s considered private information. We did have a data request. What the city kept in its form was provided to the person that requested it, and emails and addresses are not amongst the data that can be given out. No such information was given out. [12:15] **Jennifer Arsenault (Mayor):** I will say that your addresses are stuff you can get off the Minnesota Secretary of State’s website or Washington County website. To say the source of those addresses had to be the city is inaccurate. Is there someone else who'd like to address the council? [12:52] **Ryan Eisele (Resident):** Hi, my name is Ryan Eisele, 421 Birchwood Court. I just want to thank all of you for serving because I know the election's coming up. To go back to the letter and the pay issue, I think a simple mistake was made. It's the responsibility of all citizens of Birchwood to keep the council honest. Simple mistakes happen, but you just have to say we made a mistake and move on. That’s my two cents. [14:15] **Jennifer Arsenault (Mayor):** Thank you. Would anybody else like to address the council? [14:23] **Kathy Leaves:** Hi, my name is Kathy Leaves. The anonymous nature of the letter really bothered me. I think it’s quite cowardly. It’s made me feel like there's somebody I can’t trust. It was just a nasty thing to do. Thank you. [15:44] **Art Arso:** Hi, my name is Art Arso, I live at 432 Birchwood Courts. I’ve heard a lot of people talk about this anonymous letter. All the people that have spoken before me are upset over the fact that the letter went out as an anonymous letter, yet nobody questions the factual nature that was in the letter. That’s all. [16:40] **Jennifer Arsenault (Mayor):** Is there anyone else who would like to address the council? Seeing no one else, may I have a motion to close the public forum? [16:55] **Mark Foster (Councilmember):** I'll move. [16:57] **Justin (Councilmember):** I'll second. [17:00] **Jennifer Arsenault (Mayor):** All in favor? (Group: Aye). Opposed? The public forum is closed. Thank you all. All right, now we have announcements. Becky? [17:15] **Becky (City Administrator):** Yes. Our Truth and Taxation hearing will be held on December 10th at 6:45 PM. We have a fall cleanup day scheduled for this Saturday, October 12th at 10:00 AM. Canoes and kayaks need to be off the rack by October 31st. Upcoming deer hunt dates are in October, November, and December. The November and December Planning Commission meetings have been rescheduled. And lastly, Councilmember Weier asked me to announce that Northeast Youth and Family Services will have an open house on October 24th. [18:35] **Jennifer Arsenault (Mayor):** Thank you, Becky. Our next item is the consent agenda. Are there any items council members would like to remove? [18:55] **Kathy Weier (Councilmember):** Can you pull F, please? [19:02] **Jennifer Arsenault (Mayor):** With the exception of F, may I have a motion to approve the consent agenda? [19:10] **Justin (Councilmember):** So moved. [19:12] **Mark Foster (Councilmember):** I'll second. [19:15] **Jennifer Arsenault (Mayor):** All in favor? (Group: Aye). The consent agenda is approved. Now, item F, resolution 2024-42 approving the purchase of Adobe. Kathy, did you have a question? [19:35] **Kathy Weier (Councilmember):** Yes, the name of the resolution says "transferring funds from sewer funds," but the content is Adobe. [19:48] **Jennifer Arsenault (Mayor):** Let's just rename it to the name in the agenda. Kathy, would you make the motion? [20:10] **Kathy Weier (Councilmember):** I will make the motion to change Resolution 2024-42's title to "Approving the Purchase of Adobe." [20:25] **Justin (Councilmember):** I'll second. [20:30] **Jennifer Arsenault (Mayor):** All in favor? (Group: Aye). Opposed? Motion carries. All right, we're on to City Business A: Appeal regarding approval of the building permit at 160 Cedar. We discussed this last meeting but forgot the public forum. I'll open the record for public input. [21:52] **Alan (City Attorney):** Madam Mayor, it’s really just a chance to have an open record if anyone wants to comment on the appeal. [22:05] **Jennifer Arsenault (Mayor):** Seeing no one, I will close the record. May I have a motion? [22:20] **Mark Foster (Councilmember):** I'll move to close the record. [22:24] **Justin (Councilmember):** Second. [22:30] **Jennifer Arsenault (Mayor):** All in favor? (Group: Aye). All right, next is the Roads Committee proposals. There are four proposals. First, reducing the speed limit to 20 MPH. Justin, you raised the statute requirements for a study? [23:45] **Justin (Councilmember):** Yes, under subdivision H. We need to make sure we're commissioning studies to inform that. [24:45] **Alan (City Attorney):** The short answer is no, it has not been done. The statute says a city must develop procedures based on safety engineering and traffic analysis. We can't just take someone else's homework and cross out the name. [25:51] **Kora Hankins:** I'm Kora Hankins, 165 Wildwood Avenue. I've looked at other communities like St. Anthony Village and Mahtomedi. It sounds like I'm doing things you want, and then more is needed. We did speed tests. Birchwood is a community without sidewalks and has limited sight lines. Lowering the speed limit provides safer streets. [28:59] **Alan (City Attorney):** I didn't have the authority to work with her between meetings, but if the Council directs me and Marcus [the Engineer] to work with Kora, we can package this correctly. [31:55] **Jennifer Arsenault (Mayor):** I'll move to have Alan and Marcus work with Kora and the subcommittee to get the required documents. [32:10] **Justin (Councilmember):** I'll second. (Group: Aye). [32:49] **Jennifer Arsenault (Mayor):** Next: two new crosswalks on Wildwood at Birch Beach and Grotto. [32:55] **Margaret (Councilmember):** I'd like to move to do that, however, I’d like the one at Owl Street to be put in once we've done our lift station because it will be torn up. And we need an additional sign on Wildwood to alert people there’s a crosswalk on the curve. [34:00] **Margaret (Councilmember):** I'll make a motion to approve two crosswalks pending the lift station completion for Owl, and Grotto as soon as possible with signage. [34:15] **Mark Foster (Councilmember):** I'll second. (Group: Aye). [34:45] **Jennifer Arsenault (Mayor):** Third: a stop sign on Wildwood Avenue at 368 Wildwood. [35:15] **Margaret (Councilmember):** I will make such a motion. [35:20] **Mark Foster (Councilmember):** I'll second. [35:25] **Mark Foster (Councilmember):** Discussion—I can't say there's an overwhelming demand for this spot. [35:45] **Justin (Councilmember):** In that intersection with Wildwood and Lake, it's not clear who has the right of way. We don't want to make people coming up from Lake stop because of the steep hill in winter. [37:05] **Jennifer Arsenault (Mayor):** I’d consider amending the motion to add the stop sign heading east with a sign reminding motorists that traffic coming up the hill does not stop. [37:35] **Margaret (Councilmember):** I'll accept that. [37:40] **Mark Foster (Councilmember):** (Votes No). Motion carries 4-1. [38:22] **Jennifer Arsenault (Mayor):** Last is solar-powered radar signs. I think it’s too much money right now. I’d like to table this and study grants. [39:40] **Justin (Councilmember):** I’ll second that. (Group: Aye). [39:54] **Jennifer Arsenault (Mayor):** Next: Soccer at Tighe Schmidt. [40:35] **Wayne Jackson:** I'm Wayne Jackson on the Mahtomedi Soccer board. We’re looking to identify new practice space. Many kids on these teams live in Birchwood. We want to explore carving out a 9v9 field for practice only. [41:00] **Dustin Cressen:** Also on the board. We rent space in Hugo right now, which is a drive. This would be a big win for our local community. [43:44] **Kathy Weier (Councilmember):** We have a grant for $85,000 for drainage at Tighe Schmidt. We don't know how that will affect the surface yet, but I'm excited about this. [46:40] **Justin (Councilmember):** I’ll move to direct staff to work on a rental agreement. [47:30] **Wayne Jackson:** We'd like to get moving in 2025. [47:45] **Mark Foster (Councilmember):** I'll second. (Group: Aye). [49:57] **Ben Wikstrom (City Planner):** Good evening. This is a lot split on 700 Birchwood. Mr. Holk is proposing a front and rear lot. It meets all lot sizes. The rear lot would have frontage on View Road in Mahtomedi. We recommend approval. [52:16] **Bill Holk:** I live at 290 Jay Street and bought 700 Birchwood. There's a natural low spot we won't be modifying. All gutters for the new house will be directed to French drains. [55:40] **Jennifer Arsenault (Mayor):** I'll move for approval of the lot split pending review by the engineer. [55:55] **Justin (Councilmember):** Second. (Group: Aye). [56:03] **Marcus Johnson (City Engineer):** Here is the lift station update. We’re waiting to hear from the EPA. The estimated cost is $650,000. It’s part of a "BABA" regulation requiring locally sourced materials, which means more paperwork. I’d like approval to advertise for bids. [59:15] **Jennifer Arsenault (Mayor):** I’ll move to approve the plans and specs and proceed to advertise for bids. [59:25] **Justin (Councilmember):** Second. (Group: Aye). [1:00:10] **Marcus Johnson (City Engineer):** Regarding 15 Oakridge Drive drainage, I have two options. One is storm sewer, which is expensive. The other is adjusting grades. I can't tell you the best solution without a survey. [1:03:01] **Mark Foster (Councilmember):** Why did this happen? It’s gotten worse since we redid the road. [1:03:40] **Marcus Johnson (City Engineer):** We didn't do a survey when we fixed the road; we just looked at the worst areas of pavement. [1:06:30] **Andrew Jacka:** I live at 15 Oakridge. Since the repavement, the pool of water has gotten larger. It's about three inches deep and takes 48 hours to dry. I’m concerned about it freezing. [1:12:00] **Jennifer Arsenault (Mayor):** I’ll move to direct Marcus to initiate soil borings and investigate temporary solutions while we work on a permanent fix. [1:12:35] **Mark Foster (Councilmember):** I’ll second. (Group: Aye). [1:14:00] **Mark Foster (Councilmember):** Regarding Mahtomedi's Lost Lake improvements... I think Mahtomedi should be doing the modeling and providing it to us. I don't want Birchwood residents paying for Mahtomedi's engineering mistakes. [1:18:49] **Jennifer Arsenault (Mayor):** I move to approve three hours of Marcus’s time to have a seat at the table and ask Mahtomedi to pay for that time. [1:19:15] **Justin (Councilmember):** Second. (Group: Aye). [1:25:24] **Kathy Weier (Councilmember):** The Parks committee got a grant for water management in Tighe Schmidt. We request Marcus be consulted as an engineering resource. [1:27:55] **Kathy Weier (Councilmember):** I motion to allow the Washington County Conservation District to consult with Marcus for the Tighe Schmidt grant. [1:28:15] **Justin (Councilmember):** Second. (Group: Aye). [1:30:53] **Justin (Councilmember):** I talked to John Waller. Rice Creek Watershed District is taking their time cleaning up Hall's Marsh. John is up for reappointment. I move to approve a letter recommending his reappointment to the County Board. [1:32:30] **Kathy Weier (Councilmember):** Second. (Group: Aye). [1:32:49] **Alan (City Attorney):** Regarding the Ash Path fence update: a referral for criminal prosecution against a resident for damage to the fence came to my box this morning. It is now in my hands to bring a complaint. [1:34:20] **Becky (City Administrator):** Our maintenance crew is leery because of harassment they encountered last time. I want the thumbs up to proceed. [1:35:45] **Justin (Councilmember):** I move to continue the fence installation as planned. [1:36:00] **Margaret (Councilmember):** I’ll second. [1:36:10] **Ryan Eisele (Councilmember/Resident):** There is personal property across the city line, including a patio. Have we given them time to remove it? [1:37:35] **Becky (City Administrator):** We sent letters asking them to remove all personal items. They moved a Bobcat, but other items remain. [1:40:40] **Justin (Councilmember):** They were provided a survey and invited to have conversations. All we got was machines parked across the fence line. At some point, be an adult and move your stuff off city property. (Group: Aye to proceed). [1:43:59] **Becky (City Administrator):** For 160 Cedar, we found the SAC and WAC charges were correctly waived for the lot with existing lines. For 131 Wildwood, the building was demolished, so I suggest waving the $480 vacant building fee. [1:46:35] **Jennifer Arsenault (Mayor):** I move we wave the vacant building registration fee for 131 Wildwood. [1:46:50] **Mark Foster (Councilmember):** I'll second. (Group: Aye, Ryan Eisele Nays). Motion carries. [1:50:53] **Becky (City Administrator):** Tech conversion: internet is in the building but not hooked up. We are waiting on a letter of authorization to move the phone lines. [1:54:45] **Becky (City Administrator):** Tree inspection: 13 trees were listed as hazardous. Steve Dean is getting us a quote. Also, the food scrap pickup program launched October 1st. [2:00:08] **Jennifer Arsenault (Mayor):** I’d like to take a moment to thank Mark Foster for serving on the council. He’s moving to Hugo. Thank you for your service to Birchwood. [2:00:54] **Mark Foster (Councilmember):** Thank you. It’s been a pleasure to represent the residents. I’m not going far, so I’ll be back. [2:01:20] **Jennifer Arsenault (Mayor):** May I have a motion to adjourn? [2:01:25] **Justin (Councilmember):** I move to adjourn. [2:01:28] **Mark Foster (Councilmember):** Second. (Group: Aye). [2:01:35] **Jennifer Arsenault (Mayor):** Meeting adjourned. Thank you, everyone. [Music]