This transcript features **Mayor Margaret Ford** presiding over her final meeting before **Jennifer Arsenault** takes over as Mayor. The council members present are **Justin McCarthy**, **Ryan Eisele**, **Kathy Weier**, and **Ryan Hankins**. The City Administrator is referred to as **Becky**. [0:00] [Music] [5:19] **Mayor Margaret Ford:** We have a special guest here tonight. We're going to start the meeting by welcoming Commissioner Karwaski. Please, uh, take the podium, Commissioner. [5:35] **Stan Karwaski (Washington County Commissioner):** I apologize for... Stan Karwaski, Washington County Commissioner District 2. And I'm in my eighth year, finishing up my eighth year. I represent Birchwood, the north all the way down—eight cities basically, a big rectangle the shape of the county. I end up in the northwest corner of Woodbury, but there's eight cities. I haven't been here much; it's probably been at least a year. Because you haven't been needy, John Waller here has done some nice stuff as far as the watershed and we've been monitoring that, so making progress. But I'm not here for any official business, but I do like to recognize outgoing Council members and Mayors. If I could, I'll read two certificates. I'm going to stay for John Waller and then I have to run and do the similar thing in Oakdale with an outgoing council person. I apologize for that. I hope to be here for the swearing-in in January of the new Council and Mayor. So with that said, if you don't mind, if I could read these. This one is... I'm going to set Mark Foster's aside and maybe if I could leave it with the city, if you could get it mailed to him. I’ll start with Councilmember McCarthy. This is a Commissioner Service Award. This Washington County service award, on behalf of a grateful County, the undersigned commissioner hereby extends recognition and appreciation to Justin McCarthy, Birchwood Village Councilmember, for four years of outstanding service... Signed by Stan Karwaski, County Commissioner, dated November 19, 2024. And then the second one is somewhat redundant for the Mayor. Again, Commissioner Service Award, on behalf of a grateful County, the undersigned commissioner hereby extends recognition and appreciation to Margaret Ford of Birchwood Village, Mayor, for two years of outstanding service and support to Washington County's mission... [8:56] **Stan Karwaski:** I just wanted to mention we've worked together recently... the East County Line, some of the water frontage down there... going back maybe four years ago, the Wildwood Library... County 12/244—that one wasn't always pleasant, but I think the end product made a difference. And now with John Waller in the Rice Creek Watershed... I wanted to point those things out. Those are the efforts you do that make the city better and as a result our County better. I'd like to just give you a round of applause. [10:38] [Applause] [10:58] **Mayor Margaret Ford:** Well, let us do approving of the agenda next and then we'll swing into the open forum. I have one item to add to City Business BB: adding an ordinance number 2024-1201 amending the fee schedule for water and sewer fees. Are there any other deletions or additions? [11:45] **Becky (City Administrator):** Yes, I need to remove, under L, hockey rink board replacement. It has to go back to the Park [Board]. Removing both the resolutions. [12:05] **Mayor Margaret Ford:** Okay, so item L entirely. All right, any other additions/deletions? All right, we have one extra announcement about a workshop that's being scheduled and I'll add that to the announcements. All right, with that, I'd like a motion to approve the agenda. [12:15] **Justin McCarthy:** Justin will move. [12:18] **Ryan Hankins:** Second. [12:21] **Mayor Margaret Ford:** All in favor? (Aye). Opposed? Motion carries, agenda approved. I'd like to open the public forum. John Waller, would you like to address us? [12:33] **John Waller (Rice Creek Watershed District):** Good evening, thank you very much, Miss Mayor. I'm John Waller. I live in Hugo, Minnesota. I'm the Rice Creek Watershed district manager from Washington County. This is completing my 18th year and I want to thank you for the gracious and kind letter I received from this Council. I've had a very enjoyable time working with Councilman McCarthy on the Prevost Lake/Halls Marsh issue... After all these years, the agreement is now in front of you and in front of White Bear Lake Council. Tomorrow night when I attend the Watershed district meeting, I'll talk about that. With that, Madame Mayor, I thank you very much for your support. I'm waiting to hear if the county will actually reappoint me for another term. [16:15] **Mayor Margaret Ford:** Well, thank you so much, John. We really appreciate all you do for us. [16:32] **Randy Lafoy:** Randy Lafoy, 200 Wildwood Avenue. Also, I'm the Cable Commission representative. I want to acknowledge Margaret and Justin's service. It takes a lot of work to do this. On behalf of myself and other residents, thank you very, very much. [17:35] **Barton Winter:** Barton Winter, 105 Oaks Lane. I'm on the continuing theme of the rinks. Unfortunately, in my opinion, we could have had ice by now. There’s a continuing disconnect between what I think is possible and what the city is doing, primarily as a result of the city employee, Jim Rydeen, who is the designated flooder. I've talked with the City Administrator, Becky, and she indicated he makes the decisions. We had 11 days below freezing... he wasn't out there. Now we have nothing. This Council—excepting Ryan [Hankins] because he hasn't been here—and the City Administrator are quite negative about the rink. Specifically, Councilwoman Kathy Weier has presented a lot of obstruction to the rink. [20:45] **Mayor Margaret Ford:** Please wrap it up. I would like to say that Councilwoman Weier has done an excellent job of being engaged on the rink and she is not negative about it. I totally disagree. Please be quiet. We appreciate her efforts. I also appreciate our city employees' efforts. Is there anyone else who would like to address the Council? Seeing none, I'd like a motion to close the public forum. [21:29] **Justin McCarthy:** I'll move. [21:30] **Ryan Eisele:** I'll second. [21:34] **Mayor Margaret Ford:** All in favor? (Aye). The public forum is closed. Next we have announcements. Becky? [21:40] **Becky (City Administrator):** The ice rink is in the process of being flooded. Once it’s ready, we will put an announcement on the website. We have final deer hunt dates on the 13th and 14th. The December Planning Commission meeting was rescheduled to the 19th. The Birchwood Christmas party is Sunday, December 15th from 1:00 to 3:00 p.m. Thanks to Mayor Ford for representing Birchwood at the White Bear Lake Historical Society Festival of Trees. [23:00] **Mayor Margaret Ford:** And we have one more item. Incoming Mayor Jennifer [Arsenault] has scheduled a workshop for Monday, December 16th at 6:30 to discuss goals going forward. All right, next item is City Business Consent Agenda. Are there any items Council members would like to pull? [23:45] **Kathy Weier:** Can we pull out H? [23:47] **Ryan Eisele:** I'd like to pull out A, the Treasurer's report. [24:00] **Mayor Margaret Ford:** May I have a motion to approve the consent agenda with the exception of A and H? [24:05] **Kathy Weier:** So moved. [24:06] **Ryan Eisele:** I'll second. [24:10] **Mayor Margaret Ford:** All in favor? (Aye). Consent agenda approved. A, the Treasurer's report. Ryan, questions? [24:15] **Ryan Eisele:** Just a question on page 28, Cornerstone Land Surveying. Is this a 2023 recharge or a 2024 charge? I want to make sure the City Attorney is aware of any charges relating to resurveying after the incident at the Ashpath property. [24:50] **Mayor Margaret Ford:** Those charges are being detailed and our former City Attorney Alan Kantrud is aware. [25:21] **Justin McCarthy:** I have a question on White Bear Township, page 7. A $3,435 charge for equipment. Do we know what that's from? And we're getting two solar energy charges from USS Minnesota. One's from September, but the other's from April. Why was that paid so late? [26:55] **Becky (City Administrator):** This is a recurring charge. I'll look into it. [28:30] **Justin McCarthy:** One other thing, looks like we got a new laptop for "mobile SEAS." I think we need guidance. I'd hate to have our SEAS database on a laptop that might get stolen. [29:18] **Becky (City Administrator):** The entry is incorrect. It's Marsha's new laptop. The SEAS version is staying on the desktop. [30:35] **Mayor Margaret Ford:** Item H, the NYSF agreement. Ryan, you wanted to discuss this? [30:40] **Ryan Eisele:** I was just wondering if there is a requirement for this service or how often it is used? [31:00] **Mayor Margaret Ford:** Northeast Youth and Family Services. I invited them to the meeting but they were not able to come. I do think residents of Birchwood avail themselves of the service. [33:14] **Justin McCarthy:** If they are able to provide statistics on how the community is using it, even if they're not available, Becky, can you reach out and get the stats? [34:40] **Mayor Margaret Ford:** All right, moving to City Business. The first item is an appeal regarding a building permit at 483 Lake Avenue. I would like to open the public hearing. [36:05] **Susie Mahoney:** I’m Susie Mahoney, 479 Lake Avenue. I placed the complaint regarding 483. I don't have a problem with the deck being rebuilt, however, there has been a privacy fence on the deck which is now being replaced with a wall. A fence is a structure typically from posts connected by boards. A wall has a solid foundation along its whole length. The wall the Herods are now constructing is opaque. The previous one you could see through. [40:34] **Larry Mahoney:** We’re not adding issues, we’re simply trying to clarify. One is the fence versus the wall. It’s clearly not the same. It's also not the same in terms of size. If you look at the top of the studs, the rafters for the pergola are sitting on that. It adds height. [43:40] **Ryan Eisele:** Larry, one question. Where in your letter did you mention the rafter overhanging? [43:55] **Larry Mahoney:** I wasn't even aware of that at the time I wrote that letter. [44:00] **Ryan Eisele:** Then we can't consider that because that's a new issue. The only issue you're raising today is the allegation that this is a fence being turned into a wall. [48:45] **Mayor Margaret Ford:** Debbie [Herod], are you on? Please state your name and address for the record. [49:04] **Debbie Herod:** Debbie Herod, 483 Lake Avenue. Because we knew the Mahoneys would complain, we worked closely with the city and building officials. Our plan was approved three times. The building commission went over every single complaint and denied the appeal in its entirety. The Mahoneys have been fishing for code violations for 20 years. They have cost the taxpayers of Birchwood thousands of dollars. The deck was in compliance 47 years ago before they adverse possessed 3.5 feet of our property. [57:30] **Mayor Margaret Ford:** I’d like to hear from Ben [Wikstrom]. [57:45] **Ben Wikstrom (City Planner):** The issue is whether you can expand a legally non-conforming use. It’s the same height and length. The only question is whether adding siding on the outside instead of angled boards is an expansion. If they were applying for this today, they’d be getting a building permit, not a fence permit. Jack [Kramer] and I determined it was not a fence. [1:02:15] **Ryan Eisele:** Ben, is it true that if the wall were removed, that pergola structure would remain? [1:02:40] **Ben Wikstrom (City Planner):** Yes, Jack and I spent an hour with the contractor to ensure the pergola was not supported by that wall. The footings for the pergola meet the 10-foot setback. [1:35:10] **Justin McCarthy:** I'll move to deny the claim that the pergola is non-conforming because the foundation is within the 10-foot setback. [1:35:50] **Kathy Weier:** I'll second. [1:36:00] **Mayor Margaret Ford:** All in favor? (Aye). Motion carries. [1:40:00] **Justin McCarthy:** I move to deny the appeal that the structure is a fence. It is a wall because it provides a barrier, is supported by the deck, and doesn't enclose land. Therefore it is not an expansion of a non-conforming structure. [1:41:15] **Kathy Weier:** I'll second. [1:42:30] **Mayor Margaret Ford:** All in favor? (Aye). Motion carries. [2:03:15] **Mayor Margaret Ford:** Next item, Utility Rate Increase. We have Shelley Rucker here. [2:03:40] **Shelley Rucker (Treasurer):** Thank you. Before you tonight are the 2025 proposed budgets and rate adjustments. Met Council treatment costs are going up 5.6%. White Bear Lake water rates are proposed to increase about 8%. I've proposed an increase in the flat fee for water from $40 to $50 to keep up with water main breaks. For sewer, I've proposed a lift station replacement fee of $14.50 a quarter to raise the $20,000 match for the grant. This will retire in 2026. [2:12:45] **Marcus Johnson (City Engineer):** With the EPA grant, it's a reimbursement. The city will front the whole cost and then get paid back. [2:13:20] **Ryan Eisele:** I thought we would take the balance for the lift station out of the Public Works funds we have set aside. [2:20:10] **Mayor Margaret Ford:** May I have a motion to adopt Resolution 2024-55 Water and Sewer rate increases? [2:20:16] **Justin McCarthy:** Justin will move. [2:20:18] **Kathy Weier:** I'll second. [2:20:21] **Mayor Margaret Ford:** All in favor? (Aye). Motion carries. [2:25:00] **Mayor Margaret Ford:** 20 MPH speed limit throughout Birchwood. Cora? [2:25:15] **Cora Hankins:** Cora Hankins, 165 Wildwood Avenue. I'm here in response to the Road Safety Task Force. Art Arsenault, Ron Malice, and I worked on a policy for road safety. [2:26:40] **Justin McCarthy:** I’ll move to adopt the resolution adopting the road safety policy and setting a speed limit of 20 miles per hour on all city-owned residential roadways. [2:31:50] **Kathy Weier:** I'll second. [2:38:00] **Mayor Margaret Ford:** All in favor? (Aye). Motion carries. Excellent work, Task Force. [2:44:50] **Mayor Margaret Ford:** Lift Station Bids. Marcus? [2:45:00] **Marcus Johnson (City Engineer):** We got four bids. Twin Cities Utilities withdrew. The other three are known contractors. SM Henches and Sons was the lowest bidder at $585,000. [2:47:30] **Justin McCarthy:** Is there any reason we wouldn't go with the lowest bidder? I want to be able to point at my engineer and say this is on you or the contractor if there are problems. [2:48:00] **Marcus Johnson (City Engineer):** No reason. They are a large, resourceful company. They have a two-year warranty. [3:03:00] **Justin McCarthy:** I'll move to pass Resolution 2024-56 awarding the bid to SM Henches and Sons. [3:03:15] **Kathy Weier:** Second. [3:03:20] **Mayor Margaret Ford:** All in favor? (Aye). Motion carries. [3:03:57] **Mayor Margaret Ford:** Truth and Taxation. I will open the public hearing. Seeing no one, I move to close the public hearing. [3:04:10] **Justin McCarthy:** Second. [3:04:15] **Mayor Margaret Ford:** All in favor? (Aye). Public hearing closed. Marsha, are you on? [3:04:40] **Marsha Olson (City Treasurer):** Good evening. I'm here. [3:04:45] **Mayor Margaret Ford:** I have a proposal. Our attorney column is $10,000 short. I'd like to glean $1,000 from legal notices, $1,000 from building maintenance, and $8,000 from snow removal. [3:07:00] **Justin McCarthy:** I think we should take the $2,000 from "survey public property" and put that into legal as well. [3:08:50] **Mayor Margaret Ford:** I move to adopt Resolution 2024-48, final budget, and Resolution 2024-49, final levy. [3:10:00] **Justin McCarthy:** Justin will move. [3:10:02] **Ryan Eisele:** Second. [3:10:05] **Mayor Margaret Ford:** All in favor? (Aye). Motion carries. [3:18:40] **Mayor Margaret Ford:** Attorney update. There is a proposed agreement for legal services with Alan Kantrud. I think he provides extreme value. [3:20:15] **Justin McCarthy:** I make a motion to contract with Alan Kantrud according to the terms. [3:20:20] **Kathy Weier:** I'll second. [3:23:00] **Mayor Margaret Ford:** All in favor? (Aye). Motion carries. [3:29:20] **Becky (City Administrator):** One last thing, the Washington Conservation District reached out about a Tree Steward support program. It doesn't cost us anything. [3:31:45] **Justin McCarthy:** I'll move to investigate the Tree Steward program. [3:31:50] **Kathy Weier:** Second. [3:31:55] **Mayor Margaret Ford:** All in favor? (Aye). Motion carries. [3:34:50] **Mayor Margaret Ford:** I'd like to make a motion to adjourn. [3:34:55] **Justin McCarthy:** I'll second. [3:35:00] **Mayor Margaret Ford:** All in favor? (Aye). Meeting adjourned. Congratulations. [3:35:01] [Music]