This transcript features the **Birchwood Village City Council**. Based on the context provided and the dialogue, I have identified the speakers as follows: * **Mayor Jennifer Arsenault:** The presiding officer. * **Ryan "Justin" Hankins:** Referred to as "Justin" throughout the meeting; very active in public works and park topics. * **Ryan Eisele:** Councilmember who asks detailed technical and legal questions regarding ordinances and variances. * **Kathy Weier:** Councilmember who frequently seconds motions and discusses landscaping/mowing. * **Becky (Therese Bellinger):** Deputy Clerk/City Staff handling administrative tasks and quotes. * **Allan (City Attorney):** Provides legal counsel on variances and statutes. *** [0:00] [Music] [Music] [Applause] [Music] [16:11] **Mayor Jennifer Arsenault:** Welcome everybody. Uh, I call this meeting to order. Let's stand for the Pledge of Allegiance please. **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. [16:34] **Mayor Jennifer Arsenault:** Our first order of business is to approve the agenda. Um, we have one item that we're going to add. Um, and our engineer Marcus Johnson said that when we reclaim the roadways into construction, there's going to be excess gravel and so we'll address that question at this meeting. With that addition, may I have a motion to approve the agenda? [17:08] **Ryan "Justin" Hankins:** I have an additional. I'm just going to give a quick Halls Marsh update. We heard some interesting things from Rice Creek. [17:15] **Mayor Jennifer Arsenault:** Okay, great. Thanks, Justin. Any other additions? All right, with those two additions, may I have a motion to approve the agenda? [17:23] **Kathy Weier:** I'll move. [17:25] **Ryan "Justin" Hankins:** Justin will second. [17:27] **Mayor Jennifer Arsenault:** All in favor? (All: Aye). Opposed? Motion carries. Agenda approved. Our next item is the open Forum. Do we have citizens who would like to address the council? [17:42] **John Winters:** John Winters, 429 Lake Avenue. I commend this city on a wonderful Fourth of July celebration despite the weather forecast. It really went very, very well. Everybody had a good time. Our kids came from Bozeman, Montana... and the grandkids, they loved it. So good job on that one. And I also like the air conditioning in here idea. Thank you for your service. You guys get a lot of complaints. I was on the Planning Commission for 20 years; we just got thank yous, but you guys get a lot of complaints. So thank you for your service. [18:25] **Mayor Jennifer Arsenault:** Thank you very much. [18:30] **Barton Winter:** Barton Winter, 15 Oaks Lane. Continuation of what I mentioned last time about ID Park... I want that to remain an open space... another thing that I want to mention, you know, I heard about the traffic speed issue last time and I just want to say that personally we've done a lot of traffic calming by placing stop signs on Birchwood Avenue. I think that's enough in my opinion... the additional reducing speed or narrowing roads is merely meddling and not necessary. I just want to point out that my dad does not like to drive through Birchwood anymore because of all the stop signs. Thank you. [20:18] **Mayor Jennifer Arsenault:** Thank you. Is there anyone else who'd like to address? Right, welcome Rachel. [20:30] **Rachel Drew:** Rachel Drew, 180 Cedar Street. I viewed last month's Council discussion regarding our issues with drainage on 160 Cedar and I'd just like to clarify a few things. First of all, if you're receiving a bill for $5,000 from the engineer for addressing our concerns, you need to look at that bill closely. We never had any personal meetings with the engineer... it was very mean-spirited and disingenuous to ask the engineer about billing information at a council meeting when you haven't actually seen the invoice... we are concerned that we will have water on our property. We've never had water sitting in our yard or in our basement like we did for our other concerns... We ask that the council take notice. Thank you. [23:45] **Mayor Jennifer Arsenault:** Thank you, Rachel. Yes, we certainly will pay attention to your concerns. Is there anyone else who would like to address the council? All right, the public forum is closed. Our next item is announcements. Becky? [24:00] **Becky (Therese Bellinger):** Yep, the only announcement is that for August, the city council meeting will be held on the first Tuesday of the month, which is August 6th. Normally the meeting is the 13th, so mark your calendars. Also, that meeting will not be live-streamed; it will be recorded though and posted to YouTube. [24:22] **Mayor Jennifer Arsenault:** Our next item of business is the consent agenda. Are there any items in the consent agenda that members would like to remove for further consideration? [24:40] **Ryan "Justin" Hankins:** I'd like to remove 'A', Treasurer's report. [24:45] **Mayor Jennifer Arsenault:** Any others? All right, with the exception of A, may I have a motion to approve the consent agenda? [24:55] **Ryan Eisele:** So moved. [24:57] **Kathy Weier:** I'll second. [24:58] **Mayor Jennifer Arsenault:** All in favor? (All: Aye). Opposed? Consent agenda is approved with the exception of A, Treasurer's report. Justin? [25:10] **Ryan "Justin" Hankins:** Yeah, so um, it looks like we deposited into our account... a donation for the Community Club. That should be removed and provided to the Community Club. [25:28] **Mayor Jennifer Arsenault:** Great, thank you for that catch, Justin. Is that the only question you had? [25:32] **Ryan "Justin" Hankins:** That's it. [25:34] **Ryan Eisele:** I have a question on the treasurer's report too. Becky, could you direct Marsha to pull out the charge on June 30th to Hunt Electric for the inspection fee? I asked about this... he did some work on City Hall and he did not get permits for that work. I requested he get permits and then he charged us an additional fee. I don't think it's reasonable to pay him for a permit that he didn't get before doing the work. I would like to disallow that claim. [26:34] **Mayor Jennifer Arsenault:** Ryan, shall we take a little look into that though? [26:40] **Ryan Eisele:** Even if there is an inspection, he was required to get the permit before he commenced the work. He should not have given us a bid to do illegal work in the Village Hall. [27:00] **Mayor Jennifer Arsenault:** What is the standard fee for an electric permit? [27:03] **Ryan Eisele:** I think it's 35 bucks. Let's approve the Treasurer's Report with the exception of that and the Community Club donation. [27:40] **Mayor Jennifer Arsenault:** I'll second. All in favor? (All: Aye). Motion carries. Treasurer's report passed with two exceptions. Our next item is a hearing on 425 Lake Variance, 24-01 BV. Ryan, would you like to set some context about this? [28:22] **Ryan Eisele:** I'm not sure I'm the best person. Maybe the residents can explain their request. [28:40] **Mayor Jennifer Arsenault:** Could you introduce yourself and say your address? [28:45] **Carson Shipsky:** Carson Shipsky. We are trying to create a stabilization project by creating a retaining wall on the within the setback. The goal is to stabilize the hillside it's just eroding. We changed it to doing a boulder outcropping instead of concrete because it was more natural looking. [30:30] **Mayor Jennifer Arsenault:** I did see there would be plantings contemplated as part of this project? [30:35] **Carson Shipsky:** Yep. The rip-rap boulders along the shoreline will stay, but the retaining wall will be set back further. We will put plantings in there to stabilize that area. [30:49] **Ryan Eisele:** I can give a little introduction to why we're doing a public hearing. Originally this was one variance for a 15-foot setback. At the second Planning Commission meeting, the variance was revised to go from a 4-foot wall to as high as 8 feet. That requires additional variances. So we're holding this hearing so neighbors can give feedback on the height and the changed setbacks. [31:55] **Mayor Jennifer Arsenault:** Thank you, Ryan. I'd like to open the public hearing for this. Is there someone who'd like to address the Council? [32:25] **Robert Davidson:** Robert Davidson, 425 Lake Avenue. We have massive erosion on the side of the garden. The primary issue here is to stop the erosion. Since we didn't do any landscaping when the house extension was made, we have an opportunity to do a decent amount of landscaping. [33:37] **Kathy Mador:** I'm Kathy Mador, the neighbor on the west side, 4113 Lake. I had concerns about a concrete wall, but now I understand it's going to be stone. My concern is looking out and having an 8-foot wall. I want to know the dimension off the property line and verify there's not going to be any water runoff on my property, because right now he's got a downspout going directly onto my hill. [36:42] **Carson Shipsky:** The wall will be 3 to 5 feet off the property line. We added rain gardens on top and downspouts going into drain tile to eliminate that gutter runoff going towards her property. [37:30] **Ryan Eisele:** The engineering says the wall height is 8 feet? [38:10] **Carson Shipsky:** 7 feet tall with 1 foot underground. (Carson reviews the survey and diagrams with the Council). [45:30] **Mayor Jennifer Arsenault:** Is there anyone else who would like to address? Seeing none, I'd like a motion to close the public hearing. [45:45] **Ryan "Justin" Hankins:** So moved. [45:47] **Kathy Weier:** Second. [46:01] **Mayor Jennifer Arsenault:** All in favor? (All: Aye). Public hearing is closed. Ryan, you had questions? [46:15] **Ryan Eisele:** I have a number of questions. Are you seeking a reduction in the setback from the OHWL from 50 feet to 10 feet for that specific section? [49:05] **Carson Shipsky:** Correct. [49:15] **Ryan Eisele:** And regarding the deck and stairs—is the deck being moved to a different place than it occupies now? [50:10] **Carson Shipsky:** To an extent, yes. The square footage is reducing. [51:15] **Ryan Eisele:** Birchwood code requires a 50-foot setback for structures from the lake. You're requesting 10 feet. Second, code prohibits walls in excess of 4 feet. You're requesting 8 feet. Third, I calculated the impervious surface increases to 32.8% on a lot where 25% is the limit. Are you requesting a variance for the impervious surface? [57:30] **Carson Shipsky:** If it's needed, then yes. [58:15] **Ryan Eisele:** I asked the City Attorney, Allan, about this. When the extent of a variance is expanded, should we be requiring a new application? [1:02:15] **Allan (City Attorney):** You've got variance requests in front of you. I think you should act on the requests that are being made tonight. You don't get a permit until you get all the variances you need. [1:05:55] **Ryan Eisele:** There are other code sections: 302.055 regarding vegetation buffers and 302.080 regarding stairs and landings. [1:07:33] **Ryan "Justin" Hankins:** You know, the reason we're scrutinizing this so much is that it's close to the lake. These aren't even just our rules; these are DNR rules through the model Shoreland ordinance. [1:22:15] **Mayor Jennifer Arsenault:** All right, the Planning Commission recommended approval. Council, do you have any other questions? [1:26:45] **Ryan Eisele:** I have concerns. A wall of that design 10 feet from the shoreline will really stand out. I don't agree that it maintains the essential character of the locality. [1:30:50] **Mayor Jennifer Arsenault:** We have the first variance request for the 10 to 15-foot setback. May I have a motion to approve? [1:31:09] **Kathy Weier:** I'll move. [1:31:12] **Councilmember Mark:** I second it. [1:31:15] **Mayor Jennifer Arsenault:** All in favor? (Arsenault, Weier, Mark, Hankins: Aye). Opposed? (Eisele: No). Motion carries. Now the second request: the height of the retaining wall at 7 feet above grade. [1:34:15] **Ryan Eisele:** The Planning Commission recommended a lot merge requirement as a condition. [1:35:50] **Allan (City Attorney):** State statute requires multiple non-conforming lots under common ownership to be combined for development. [1:40:40] **Mayor Jennifer Arsenault:** Okay, so a condition of the variance is that the two parcel IDs must be merged into one. [1:43:30] **Ryan "Justin" Hankins:** I'll move with the conditions: jurisdictional permits, construction permits, engineering approval, stairway to code, no increase in runoff, and the lot merger. [1:44:20] **Kathy Weier:** Second. [1:44:28] **Mayor Jennifer Arsenault:** All in favor? (Arsenault, Weier, Mark, Hankins: Aye). Opposed? (Eisele: No). Motion carries. [1:52:28] **Ryan "Justin" Hankins:** Because this is related to the variance... it's disappointing that people come before us for variances and aren't applying for all the ones they need. We need to figure out what's going on with the staff [City Planner] here on this. [1:54:30] **Mayor Jennifer Arsenault:** Our next item is the White Bear Lake Conservation District board applicants. Susie Mahoney? [1:54:47] **Susie Mahoney:** I've been on the Conservation District for at least 12 years and would like to continue. [1:55:18] **Sherry Salman Hankins:** I'm Sherry Salman Hankins. I'm interested in finding ways to serve Birchwood. I love the lake and would like to help conserve it. [1:56:30] **Ryan "Justin" Hankins:** I'll move to reappoint Susie and point Sherry to fill the vacancy. [1:57:04] **Kathy Weier:** Second. [1:57:50] **Mayor Jennifer Arsenault:** All in favor? (All: Aye). Motion carries. Next item is the second reading of Ordinance 2024-06-01: storing personal property on city property. Justin? [1:59:22] **Ryan "Justin" Hankins:** We talked about this last month. I've given the City Administrator a little bit more discretion so we aren't worrying about every small toy, but we can prevent people from moving trampolines onto the beach. [2:01:41] **Mayor Jennifer Arsenault:** May I have a motion to approve? (Hankins moves, Mark seconds). All in favor? (All: Aye). Motion carries. Now the second reading of Ordinance 2024-06-02 regarding solicitors. [2:02:40] **Ryan "Justin" Hankins:** We've been beset by solicitors lately. They are pestering people in their yards and lying about neighbors signing up. It's scummy behavior. This ordinance requires a registration fee and a license. [2:06:22] **Kathy Weier:** I don't feel like people are going to actually register nor will they care. I don't think it will deter people. I think it's hard to enforce. [2:07:08] **Councilmember Mark:** I tend to agree with Kathy. I'm worried about the administrative burden. [2:07:55] **Ryan Eisele:** I'm generally supportive because this is very common in other cities and solicitors are used to checking for these rules. [2:09:28] **Mayor Jennifer Arsenault:** May I have a motion to approve? (Hankins moves, Eisele seconds). All in favor? (Arsenault, Hankins, Eisele: Aye). Opposed? (Weier, Mark: No). Motion carries. [2:10:45] **Kathy Weier:** On the fee schedule for this, one memo says $75, another says $100, and one says $150. We should pick a number. [2:11:47] **Mayor Jennifer Arsenault:** Let's put $100 in there to amend the fee schedule. [2:16:29] **Mayor Jennifer Arsenault:** Lawn mowing quotes. Justin? [2:16:35] **Ryan "Justin" Hankins:** Lawn mowing at Tighe Schmidt has been less than stellar. Jim [Maintenance] is a good guy, but he's got too much on his plate. We got quotes for Tighe Schmidt and other parks. [2:22:40] **Ryan Eisele:** I'm quiet because I don't have super strong feelings. Doug [Hough] did a nice job when we had him previously. [2:25:02] **Kathy Weier:** Top Green is probably it because of the fixed rate per mow as opposed to hourly. [2:25:35] **Mayor Jennifer Arsenault:** I'll move we offer Top Green a contract at $400 a cut for everything. (Hankins seconds). All in favor? (All: Aye). [2:27:24] **Mayor Jennifer Arsenault:** Ash Path fence quotes. Justin? [2:27:35] **Ryan "Justin" Hankins:** We've had issues with neighboring properties encroaching on city property. We want to get some fencing to delineate the line. [2:30:27] **Kathy Weier:** This feels like we're jumping the shark going straight to a $12,000 fence. We should start with a split-rail fence like we have elsewhere. It's cheaper. [2:32:40] **Mayor Jennifer Arsenault:** Becky, let's investigate the labor and material costs for split-rail. [2:33:35] **Ryan "Justin" Hankins:** Next item, the trail from White Pine to Birchwood Avenue. This uses an undeveloped right-of-way. It would be a great walking circle. Mahtomedi is okay with it. I want to confirm the legal status of the entrances. [2:35:35] **Allan (City Attorney):** I've already spent the time looking—this is platted right-of-way. You are free to use it for those purposes. [2:40:40] **Mayor Jennifer Arsenault:** I have a motion to pursue the trail. (Hankins moves, Mark seconds). All in favor? (All: Aye). [2:42:04] **Ryan Eisele:** Update on 131 Wildwood. They are pursuing demolition. We have the vacant property code fee of $480. I think it's time to assess it to them as a special assessment. [2:45:50] **Ryan Eisele:** I'll move to adopt resolution 2024-32 to assess the fee but exclude the directive to the City Attorney to cite them for now since they contracted for demolition. (Hankins seconds). All in favor? (All: Aye). [2:46:42] **Mayor Jennifer Arsenault:** Status of 310 and 312 Wildwood. [2:46:55] **Ryan Eisele:** The boat is still there, the sign is still lighted. They haven't completed the vacant building registration. I'm fed up. I'll move to pass resolution 2024-33 to cite them. [2:50:40] **Mayor Jennifer Arsenault:** Second. All in favor? (All: Aye). [2:51:19] **Ryan Eisele:** Information on the temporary no parking signs on Wildwood for construction safety. It's working to keep emergency vehicle access open. [2:53:36] **Mayor Jennifer Arsenault:** Marcus's question about excess gravel. My thought is maybe Polly's Park for the muddy trail sections? [2:55:56] **Ryan "Justin" Hankins:** Halls Marsh update. Rice Creek Watershed is telling us there's a crack in a pipe under Tighe Schmidt and that we own it and have to pay $10,000 to fix it. We get no benefit from this pipe; it carries Mahtomedi's storm water. My opinion is we tell them they no longer have permission to pipe through our land, or we create a special tax district to tax the people in Mahtomedi and White Bear Lake who actually use the pipe. [3:04:31] **Mayor Jennifer Arsenault:** Administrator updates? [3:04:35] **Becky (Therese Bellinger):** Lift station update: still waiting for the cultural review from the EPA. IT updates: we are slowly chipping away at the conversion from Metro I-Net to Techie Dudes. We'll be able to set up things like printing from home soon. [3:14:15] **Ryan "Justin" Hankins:** Motion to adjourn. [3:14:30] **Kathy Weier:** I second. [3:14:32] **Mayor Jennifer Arsenault:** All in favor? (All: Aye). Meeting adjourned. Thank you everybody. [3:15:16] [Music] [Music]