Mayor Auger called the meeting to order at 7:05 P.M. The following Council members were present: Briggs, DeVore, Johnstone, and LeMire. Council member Anderson was excused.

Also present were City Manager Sather, City Engineer Burch, City Planner Robinson, Recording Secretary Vadnais, and City Attorney Jensen.

PLEDGE OF ALLEGIANCE

A. Minutes of the Regular City Council Meeting on June 26, 2001

It was moved by Council member DeVore, seconded by Council member Johnstone, to approve the minutes as presented by staff.

The motion carried unanimously.

It was moved by Council member Briggs, seconded by Council member Johnstone, to approve the agenda with the following changes:

Add: 10D – Acceptance of Minutes: Variance Board: June 20, 2001; Planning Commission: June 25, 2001

9E - Neil Zenzer – parking complaint/suggestion

Move: 10C – Single Event Liquor License Explanation; Mary’s Little Bar and add to 9C

The motion carried unanimously.

None Scheduled

None Scheduled

6. LAND USE

A. CONSENT AGENDA

1. Case No. 01-16-V: A request by Anthony and Theresa Kratske, 3834 Hazel Street, for a 13-foot front yard setback variance to construct a detached garage (Resolution 9018)

2. Case No. 01-17-V: A request by Patricia M. McChesny, 2216 2^nd Street, for an 11’4" side yard setback variance to construct a deck (Resolution 9019)

3. Case No. 01-18-V: A request by Steve and Kim Koeppen, 4927 Morehead Avenue, for a 2-foot side yard setback to construct a deck (Resolution 9020)

4. Case No. 01-20-V: A request by Edna Tratar, 4670 Burson Avenue, for a 23-foot front yard setback variance to construct an attached garage (Resolution 9021)

5. Case No. 01-21-V: A request by Bryce and Karen Ingalls, for a 12-foot 2-inch front yard setback variance to construct an attached garage (Resolution 9022)

6. Case No. 01-22-V: A request by Hoffman Corner Heating and Air Conditioning (Robert R. Scalze), 2086 East County Road E for a variance to expand a parking lot without curb and gutter (Resolution 9023)

7. Case No. 01-3-LS: A request by Steve Parenteau, 3708 Hoffman Road, for a recombination minor subdivision to separate one parcel into two, and to be combined with the abutting neighbors at 3714 Hoffman Road (Resolution 9024)

8. Case No. 01-4-LS: A request by Mark Burrs, 2126 East County Road F, for a recombination subdivision to separate one parcel into two, and to be combined with the abutting neighbors at 4079 West Hazel Street (Resolution 9025)

9. Case Nos. 01-6-S and 01-23-V: A request by Ronald and Michelle Marquette, 5133 Division, for a conditional use permit to allow for a dog kennel in a Single Family Residential District and a 2,670 square foot area variance to allow for exemption of acreage requirement (Resolution 9026)

It was moved by Council member Johnstone, seconded by Council member LeMire, to approve the Consent Agenda as presented by staff.

The motion carried unanimously.

B. NON-CONSENT AGENDA

None Scheduled

None Scheduled

8. ORDINANCES

A. Second reading of an ordinance amending City Code Section 703.070; Miscellaneous Offenses; Excessive Noise

Board members Gary Cox and Don Kohler presented the proposed 2002 White Bear Lake Conservation District Budget, highlighted the last year’s activities, and spoke about the next year’s goals and activities.

Mr. Cox stated that the management of the lake will cost the City a little less this next year ($14,800) than it does this current year ($15,028). The overall assessment is down by 3% from $32,696 to $31,720. The big change is that the overall expenditures have increased substantially. The District is looking at an approximate 30% increase in expenditures over the last two years. This increase, however, comes from one-time expenditures for specific projects this year and will not be a part of the base budget. The one-time spending would be for several things, including a mini lake use study much like the lake utilization study it conducted last year. There would also be $1,000 for the development of a Matoska Marsh protection project. Mr. Cox referred to the District’s plan for the next year.

Mr. Cox stated that in comparison to standards set by the DNR, White Bear Lake is not a crowded lake. The DNR sets the standard of a lake at peak time whereby someone would go out and count 10 boats per acre of lake surface. Everything the Board has done and all of the policies it has adopted since the time of the lake area study have been for the purposes of maintaining the lake as a non-crowded lake.

The Board continues to work on a consistent no-wake zone of 300’ from shore. There has also been a two-year moratorium placed on new commercial marina development on the lake.

Council member Briggs echoed the Board’s goal to increase the level of enforcement by Ramsey County on the lake. Mr. Cox stated that this is the single largest increase in the proposed 2002 budget. The Board is proposing increasing the time of enforcement from 500 hours per month to 600 hours per month, which would cost an additional $3,500 in 2002. Their current focus is mainly on speeding boats, but the Board would like to see the County get more involved in enforcing the ordinances of the Conservation District, which would have more to do with dock use, dock placement, environmental violations, etc.

Don Kohler introduced himself as the newest appointed representative to the District for the City of White Bear Lake.

Council member LeMire thanked the representatives for their time and dedication to the District.

It was moved by Council member LeMire, seconded by Council member DeVore, to approve the White Bear Lake Conservation District’s proposed 2002 Annual Budget as presented by Board members Gary Cox and Don Kohler.

The motion carried unanimously.

B. Proposed labor agreement between the City and the International Union of Operating Engineers Local 49; Public Works

City Manager Sather asked the Council to continue this item until the next regularly scheduled Council meeting on July 24, 2001 because there had not been an agreement ratified between the City and the union.

It was moved by Council member DeVore, seconded by Council member Johnstone, to continue this item as requested by staff.

The motion carried unanimously.

C. Proposed policy concerning outdoor extension of liquor licenses

Mr. Sather reported that this policy was being brought back before the Council after staff had incorporated many of the Council’s suggestions and recommendations. The City has tried to recognize the growing interest in liquor establishments providing outdoor dining and the sale and consumption of alcoholic beverages; either on a very short-term single event situation, a seasonal situation, or a permanent situation. Staff felt that a more consistent application, particularly in areas of public space rather than just private property, would be to have a policy. Staff recommended the policy for approval.

Council member Briggs expressed concern about the license extension applying to private or leased property vs. public property, not having a start and stop date, annual renewals of the extension, having a rigid removable structure surrounding the extension area, and potential license revocation for compliance failure.

In response to these concerns, City Manager Sather stated that these extensions are an attachment to a licensee’s liquor license. Liquor licenses come before the Council on an annual basis for approval. Mr. Sather stated that it was implicit in both the licensing and the fact that this is an attachment to the license that it is mandatory annual review. Mr. Sather also stated that many of Council member Briggs’ suggestions could simply be incorporated into the application for renewal.

It was moved by Council member Briggs, seconded by Council member DeVore, to continue this proposed policy until August 14, 2001.

The motion carried unanimously.

C.1. Single Event Liquor License Extension; Mary’s Little Bar & Grill

It was then moved by Council member Briggs, seconded by Council member DeVore, to approve request as recommended by staff based upon the information presented to the City and in accordance with the City’s current requirements.

The motion carried unanimously.

D. Seasonal Liquor License Extension; ingredients, LLC

It was moved by Council member Briggs, seconded by Council member DeVore, to approve request as recommended by staff based upon the information presented to the City and in accordance with the City’s current requirements.

The motion carried unanimously.

E. Request of Rhonda Route for stop sign, no parking sign, and Children at Play sign

Rhonda and David Route, 4985 Johnson Avenue, addressed the Council regarding their request for a stop sign at the corner of 11^th and Johnson, a no parking sign by their house, and a Playground sign by West Park and submitted a petition in support of these requests.

Their reasons for the petition are: 1) children going to the park do not look for traffic when crossing the street, 2) there is no information sign or control device anywhere near West Park to alert a driver that there is a park with children nearby, 3) drivers at this intersection are typically traveling in excess of 30 mph, carelessly, or inattentively, and 4) there is currently nothing in place to control the above stated problems and risks.

Ms. Route stated that the City needs to place some safety control device or other mechanism to reduce the speeds and driving conditions at this location as soon as possible. She stated that they would like to see more enforcement and more police presence.

Mayor Auger concurred that the City should place a playground warning sign at this location. He also stated that the City would place police officers at this location to monitor traffic and speed. He also informed the Routes of the radar guns that they could use to monitor speed themselves.

Council member Johnstone stated that there are also no crosswalks near this park – the City should consider placement of crosswalks.

Mayor Auger stated that the City would study these concerns in this area and the Council would receive further information upon completion of the study.

Neil Zenzer appeared before the Council regarding parking issues in the downtown area during Marketfest and the Manitou Days festivities, particularly in the area of 5^th and Division. He stated that he had been issued a citation a couple of weeks ago in this area, however, others in this area were not. He asked for clarification on the parking regulations and consistent enforcement. He stated that this would portray a good image and welcome people to the area. He suggested painting the area indicating parking areas. He volunteered to paint the curbs himself.

F. Change Order and final payment to Lametti for construction of the 2001 Sanitary Sewer Lining Project

City Engineer Burch reported that the City’s Sanitary Sewer Lining Project was complete and it went very well. He reported that there was a change order to the original contract to allow for two additional and unexpected services; a plastic lining and an unforeseen excavation for a repair. The total amount of the project was $101,320.37. Staff recommended acceptance of the work and approval of the final payment.

It was moved by Council member LeMire, seconded by Council member Briggs, to approve Resolution 9027 (Resolution approving Change Order #1 for Sanitary Sewer Main Lining Program – City Project No. 01-07) and Resolution 9028 (A resolution accepting work and authorizing final payment to Lametti and Sons, Inc. the 2001 Sanitary Sewer Lining Project – City Project No. 01-07)

The motion carried unanimously.

A. Business License; Twin Cities Avanti Stores, LLC dba Mobil Food-n-Fuel

B. Business License; Al-Reem, Inc. dba White Bear Spur

D. Acceptance of Minutes: Variance Board: June 20, 2001

It was moved by Council member LeMire, seconded by Council member Johnstone, to approve the Consent Agenda as amended.

The motion carried unanimously.

A. Response of Metropolitan Council concerning transportation and transit planning

City Manager Sather reported that in early March, the City Council directed staff to communicate with a variety of agencies, including the Metropolitan Council, the Minnesota Department of Transportation, the Transit Division of the Metropolitan Council, and Ramsey County. The purpose of this communication was to address some of the concerns the City has regarding the future of transportation. The response from Met Council members Mark Huganin and Roger Williams addresses some of the City’s concerns, however, Mr. Sather also felt that it missed some of the City’s concerns. Mr. Sather stated that because the Council had taken a position on this issue, it was important to relay this to the Council.

The City’s major priorities were preservation of the transit corridor along the former Burlington Northern route, the thorough exploration of busways as an alternative to other fixed rail transit situations, and a coordination of the wide range of studies being conducted by various state, county, and regional agencies. Staff has been working with Metropolitan Transit and the Ramsey County Regional Rail Authority looking for possible park-n-ride sites in the community that would be consistent with the Sector Study, and trying to plan for major traffic congestion when the corridor of 694 and 35E is reconstructed in approximately 4 years.

Mr. Sather stated that the City would continue to express the City’s concerns at both the County and metropolitan levels.

Council member DeVore commented that the Ramsey County Regional Rail Authority will also be responding by letter to the City’s concerns, as will Commissioner Reinhardt’s office.

12. COMMUNICATIONS FROM THE CITY MANAGER

A. 2002 Budget Schedule

City Manager Sather brought to the Council’s attention the proposed 2002 Budget Schedule and asked the Council to relay any budget priorities and suggestions to the City’s Finance Department or City Manager’s Department as soon as possible.

In response to a question from Council member Briggs, City Manager Sather mentioned that actions from the legislative session had a significant impact in terms of shifting tax burdens between property classes and having an impact on how much of the property taxes will go towards education rather than cities. The City’s reliance on the property tax will increase greatly because the State is taking away the traditional homeowner’s credits (i.e. HACA). The City had some preliminary information that seemed to penalize communities that made a genuine effort to keep property taxes down. However, today the City received information that there was a last minute change in that tax policy in terms of fiscal disparities and how tax increment is applied that will somewhat reduce the negative impact the City. White Bear Lake will, nonetheless, lose approximately $990,000 in intergovernmental aid

In response to Council member Briggs’ concern, it will be at least two weeks before the City will see further information in terms of these figures. A significant portion of the School District’s Levy will actually be eliminated and the legislature will be using proceeds from other forms of taxation than property taxes. They will be using income and sales taxes, which are more progressive taxes. On the positive side, this particular portion of the legislation is only effective for one year, so it will be up for review in 2002.

Staff will forward any information it receives to the Council.

Correspondence:

City Manager Sather reported that each time the City receives a letter addressed to the Mayor and Council, or if the subject of the letter is tied to a particular topic, staff shares them with the Council. Recently, the City has received a number of pieces of correspondence regarding issues that the City Council had dealt with recently. He stated that he simply wanted to explain the position staff is taking and seek the Council’s support in this direction when responding to this correspondence.

• Hardwick/Ski Otters

This letter deals with the Council’s recent decision to grant the Midwest Ski Otters permission to close off a portion of Hoffman Road for two hours each Sunday during their water ski shows. Mr. Hardwick expressed concern that the Ski Otters have extended that privilege much farther than originally explained to the Council, including days during the week, and for longer than 2 hours on Sundays.

The City has contacted the Ski Otters and believes there is a breakdown in communications within the organization. Unless the Council wants to give staff further direction, staff will make it clear that the Council’s authorization was for the 2 hours on Sundays. Staff will also work with Mr. Harwick to see if there is a way to better direct his patrons to his establishment.

Council member Briggs suggested the City send a letter to the Ski Otters enforcing the Council’s direction.

• Nancy Hill

City Manager Sather reported that this has been an on-going problem with a resident on Woodcrest that the City thought it had solved. This is the house that has received a large number of foul balls from the Babe Ruth baseball fields in their yard. The City has tried 4-5 different solutions, and is still trying to solve the problem.

The City has worked with the Babe Ruth Association so that they only play their youngest players at that field, which would mostly eliminate the foul balls being hit.

Mr. Sather stated that he had received a police report regarding a foul ball in Mrs. Hill’s yard, which prompted the attached letter to her. In speaking with the Babe Ruth Association since the incident, they assured the City they are only scheduling their youngest players to play at this field; but this incident was an exceptionally good young player who really connected with the ball.

City Engineer Burch gave a brief history of the City’s remedies tried in the past.

• Lila Moberg

City Manager Sather reported that this letter is from the Cloisters Townhome Association and deals with concerns they have regarding the NAPA Auto store on White Bear Parkway and Highway 96. The letter also deals with requests for additional street lighting in their neighborhood. Staff will deal with these issues.

- Steve Larson