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HomeMy WebLinkAbout2018/12/17 - ADMIN - Minutes - City Council - Regular Official minutes City council meeting St. Louis Park, Minnesota December 17, 2018 1. Call to order Mayor Spano called the meeting to order at 7:30 p.m. Councilmembers present: Mayor Jake Spano, Tim Brausen, Rachel Harris, Anne Mavity, Thom Miller, and Margaret Rog. Councilmember absent: Steve Hallfin. Staff present: City Manager (Mr. Harmening), City Attorney (Mr. Mattick), Deputy City Manager/Human Resources Director (Ms. Deno), Police Chief (Mr. Harcey), Chief Financial Officer (Mr. Simon), Engineering Director (Ms. Heiser), Principal Planner (Ms. McMonigal), Assistant Zoning Administrator (Mr. Morrison), Planning/Zoning Supervisor (Mr. Walther), and Recording Secretary (Ms. Mullen). Others: 1a. Pledge of allegiance 1b. Roll call 2. Presentations 2a. Police officer oath of office Ms. Deno stated two new police officers would be sworn in this evening. She invited the new officers to approach the podium and administered the police officer oath of office to officers Alex Forsman and David Ballard. Chief Harcey thanked the city council for the opportunity to administer the oath to the city’s two newest police officers. He thanked the friends, families and colleagues of the new officers who attended the meeting. Chief Harcey stated the St. Louis Park Police Department has a history of recruiting and hiring service-minded individuals with strong morals that reflect the community they will serve. He expressed confidence that two such individuals have been sworn in tonight: Officer Forsman and Officer Ballard. Chief Harcey stated Alex Forsman is a graduate of Hamline University with subsequent law enforcement training at Hennepin Technical College. Previously, he has been employed as a security officer for Metro Transit and Allina Health. DocuSign Envelope ID: AFF3E76E-FAB7-4C16-8B77-74E062DF6FC1 City council meeting -2- December 17, 2018 Chief Harcey stated David Ballard is a graduate of North Dakota State University with law enforcement training at Hennepin Technical College. Previously, he worked with his family’s business, MJB Tiling, and he is currently a member of the Army National Guard, serving as a Platoon Leader of an Army Battalion. Chief Harcey stated both officers have the character, integrity and principles that will make them successful police officers in the City of St. Louis Park. They have trained extensively with the police department and prepared themselves for their careers as police officers. Chief Harcey urged the new officers to be guided by their heart and character in their interactions with the community, to build trust and provide quality services. Mayor Spano welcomed the new officers to the community. He stated policing is a partnership and social contract between the police department and the community. He added the city council is proud and pleased to have the new officers, and he wished them the best of luck in their new roles for many years to come. 2b. Recognition of SWLRT Project Specialist Kevin Locke’s 14 years of service Mayor Spano presented a Certificate of Recognition to Project Specialist Kevin Locke, who is retiring after 14 years of service to the City of St. Louis Park. He also recognized and commended Community Development Office Assistant Nancy Sells, who is retiring after 27 years of service to the city. Mayor Spano stated Mr. Locke has been instrumental in the city’s discussions regarding light rail and freight. He added Mr. Locke’s hard work and efforts will be felt for countless generations of St. Louis Park residents. Mr. Locke expressed his thanks to the city council and stated it has been a privilege to work for the fantastic community of St. Louis Park. He added he is thankful to have had the opportunity to play a part in making the community a great place to live. Mr. Harmening stated he hired Mr. Locke 14 years ago, and Mr. Locke has fit well into the organization. He added Mr. Locke is very approachable, and a team player, and he often provided much-needed clarity to key issues. He noted Mr. Locke has been a valued colleague and friend who will be greatly missed. Councilmember Miller stated he worked with Mr. Locke when he was part of an advocacy group in St. Louis Park. He added Mr. Locke was able to diffuse tense situations and treat residents with respect, as equals and contemporaries. Councilmember Rog stated she worked with Mr. Locke in connection with her role on Friends of the Arts. She added she appreciated Mr. Locke’s ability to support a small arts organization and treat its members with respect and kindness. DocuSign Envelope ID: AFF3E76E-FAB7-4C16-8B77-74E062DF6FC1 City council meeting -3- December 17, 2018 3. Approval of minutes 3a. City council meeting minutes November 5, 2018 Councilmember Mavity requested the following correction: Page 6, 4th paragraph, line 2 – delete the sentence beginning with, “She stated PLACE Project will not be able to get one funding entity…” It was moved by Councilmember Brausen, seconded by Councilmember Miller, to approve the Nov. 5, 2018 city council meeting minutes as corrected. The motion passed 6-0 (Councilmember Hallfin absent). 3b. Study session minutes November 13, 2018 Councilmember Miller requested the following correction: Page 5, 6th paragraph, 2nd sentence, replace with “Councilmember Miller stated these are all great solutions; however, he had not heard the Council direct staff regarding affordable housing solutions for households of 30% AMI before.” It was moved by Councilmember Brausen, seconded by Councilmember Mavity, to approve the Nov. 13, 2018 study session minutes as corrected. The motion passed 6-0 (Councilmember Hallfin absent). 3c. City council meeting minutes November 19, 2018 It was moved by Councilmember Rog, seconded by Councilmember Mavity, to approve the Nov. 19, 2018 city council meeting minutes as presented. The motion passed 6-0 (Councilmember Hallfin absent). 3d. Study session meeting minutes November 26, 2018 It was moved by Councilmember Mavity, seconded by Councilmember Brausen, to approve the Nov. 26, 2018 study session meeting minutes as presented. The motion passed 6-0 (Councilmember Hallfin absent). 4. Approval of agenda and items on consent calendar 4a. Adopt Resolution No. 18-190 to recognize Community Development Office Assistant Nancy Sells for more than 27 years of service. 4b. Adopt Resolution No. 18-191 designating polling places for the 2019 election cycle. 4c. Approve second reading and adopt Ordinance No. 2549-18 vacating portions of utility easements at 8000 Minnetonka Blvd., and to approve the ordinance summary for publication. DocuSign Envelope ID: AFF3E76E-FAB7-4C16-8B77-74E062DF6FC1 City council meeting -4- December 17, 2018 4d. Adopt Resolution No. 18-192 accepting work and authorizing final payment in the amount of $47,098.92 for project no. 4018 -1100 MSA street rehabilitation – Aquila Avenue with Northdale Construction, city contract no. 69-18. 4e. Approve the estoppel certificates for 1550 and 1600 Utica Ave. S. 4f. Approve the estoppel certificate for 1325 Utica Ave. S. 4g. Adopt Resolution No. 18-193 delegating authority to make electronic fund transfer. 4h. Adopt Resolution No. 18-194 approving amendments to the educational facilities revenue refunding note (Benilde-St. Margaret’s school project), series 2011A, and authorizing the execution and delivery of an amended and restated note. 4i. Adopt Resolution No. 18-195 accepting work and authorizing final payment in the amount of $145,529.08 for project 2012-0100 Highway 7 and Louisiana Avenue interchange with C.S. McCrossan, Inc., contract no. 65-13. 4j. Adopt Resolution No. 18-196 approving and authorizing the mayor and city manager to execute a temporary right to construct and acceptance of a temporary access for the Met Council’s southwest light rail transit (SWLRT) project. 4k. Adopt Resolution No. 18-197 authorizing execution of a contract with Summit Envirosolutions, Inc. (Summit) for 2019 consultant services related to the implementation of the Reilly Tar & Chemical Corporation (Reilly) remedial action plan (RAP). 4l. Adopt Resolution No. 18-198 amending Resolution Nos. 17-196, 18-026, and 18- 71 limiting the number of off-sale intoxicating liquor licenses issued in St. Louis Park. 4m. Adopt Resolution No. 18-199 accepting work and authorizing final payment in the amount of $10,584.50 for the annual sealcoat project with Allied Blacktop Company – project no. 4018-1200, city contract no. 32.18. 4n. Approve for filing park and recreation advisory commission minutes of Aug . 29, 2018. 4o. Approve for filing planning commission minutes of Nov. 7, 2018. It was moved by Councilmember Miller, seconded by Councilmember Harris, to approve the Agenda and items listed on the Consent Calendar; and to waive reading of all resolutions and ordinances. The motion passed 6-0 (Councilmember Hallfin absent). 5. Boards and commissions 5a. Reappointment of representative to board and commission. Ms. Deno stated Stuart Williams’ term on the Fire Civil Service commission expires on Dec. 31, 2018 and he wishes to be reappointed to a new term. DocuSign Envelope ID: AFF3E76E-FAB7-4C16-8B77-74E062DF6FC1 City council meeting -5- December 17, 2018 It was moved by Councilmember Brausen, seconded by Councilmember Miller, to reappoint Stuart Williams to the fire civil service commission with a term to expire Dec. 31, 2021. The motion passed 6-0 (Councilmember Hallfin absent). 6. Public hearings 6a. Historic Walker Lake Street and alley reconstruction – project no. 4018-1050. Ms. Heiser reviewed the Walker Lake Street and Alley Reconstruction Project, including proposed reconstruction of streets, sidewalks and 2 alleys; ADA upgrades, additional sidewalks on Lake Street, a bikeway on Lake Street; as well as replacement of street lights, storm sewer and utilities. Ms. Heiser stated the Walker Lake Street Historic District area is the oldest business district in St. Louis Park, with perpendicular parking on both sides of the street and narrow, uneven sidewalks. She added businesses along Walker Street have a step up from the paved sidewalk to enter their buildings. She noted a ramp has been installed in one location which takes up pedestrian space. Ms. Heiser stated the Masonic Lodge has done extensive grading improvements to the sidewalk pavement in front of their building. She added the proposed project would include grade changes and sidewalk reconstruction to reduce the street width from curb to curb and reclaiming space currently used for parking and driving on the north side of the street. Ms. Heiser stated removal of access from Lake Street to Highway 7 created an awkward intersection with difficult sight lines. She added, under the proposal, the intersection would be moved to Brownlow Avenue and reconfigured to increase safety and efficiency. She noted new green space is proposed as well as reconfiguration of the parking lot across from STEP, and extension of the sidewalk to connect to the municipal lot. Ms. Heiser stated a roundabout is being recommended for the Dakota/Wooddale/Lake Street intersection. She added a roundabout would reduce carbon emissions, create easier and safer access for pedestrians, reduce traffic speeds, and increase intersection efficiency. Ms. Heiser stated bike lanes are proposed on Lake Street between Dakota to Minnetonka Boulevard. She added that was not part of the design study, but rather a separate project. She noted a sidewalk on the south side of Lake Street between Walker Street and Wooddale Avenue is proposed as a part of this project. DocuSign Envelope ID: AFF3E76E-FAB7-4C16-8B77-74E062DF6FC1 City council meeting -6- December 17, 2018 Ms. Heiser stated reconstruction is planned in 2020 for the alley from Walker to the frontage road, with improved storm water management. She added that the reconstruction of the alley off Library Lane behind the Walker Building is also included in the project. Ms. Heiser stated the project is planned to be split into two construc tion phases, with Phases 1 occurring in summer 2019, to minimize disruption during school days and business hours. Phase 2 is proposed for 2020. A third phase would be the roundabout, which is not included in the 10-year Capital Improvement Plan, but for which state aid funds will most likely be used. Ms. Heiser stated a public meeting is planned for February 2019 with final approval in March 2019. Councilmember Mavity asked whether there are plans to include a dog park in the project design. Ms. Heiser stated this project is strictly related to street improvements. The dog park would be discussed as a part of the small area plan being conducted by Community Development. Councilmember Harris stated the Safe Routes to School initiative should be included in the project plan, since the project area is so close to the high school. Ms. Heiser agreed and stated Safe Routes to School (SRTS) is a plan to get students safely from their homes to school, reviewing distance and location, sight lines, signage, and other aspects of school access. Ms. Heiser stated staff has reviewed infrastructure related to bikeway, sidewalk, and trail locations to create non-vehicle connections to schools from the city’s neighborhoods. She added the proposed sidewalk on Lake Street by the stadium will give students access to the controlled intersection, which is the best and safest place for them to cross Lake Street. Councilmember Rog requested clarification on the sidewalks that are on private property, and how reconstruction of those sidewalks is included in the plan. Ms. Heiser stated three-fourths of the sidewalks along the streets are located on private property with a boulevard of trees or pavers. She added the Masonic Lodge property is an example of this, and city staff will work with the property owner to construct a 5-foot wide sidewalk in the right-of-way and adjust grades so that access to the building can be in compliance with Americans with Disabilities Act (ADA) requirements. She noted connections to the building entrances will be coordinated with property owner s, and the proposed project will provide improved access to local businesses. Mayor Spano opened the public hearing at 8:06 p.m. Tim Fisher, 6509 Walker St., stated he is the owner of the Masonic Lodge, which recently brought in American Legion Post 282. He expressed concern over access to his building, as there is currently a 1-foot height difference between the curb and the door. DocuSign Envelope ID: AFF3E76E-FAB7-4C16-8B77-74E062DF6FC1 City council meeting -7- December 17, 2018 He added he has made temporary adjustments, and invested approximately $12,200 in concrete work and grading, to bring the building entrance into ADA compliance. Greg Johnson, 6504 and 6500 Walker St., stated his biggest concern is snow removal. He added this has been a problem for years, and the proposed project will make things worse, as snowplows push snow up on the right-of-way toward the businesses. He noted they have had to remove snow from the doorways, and ther e is no place to put the snow. He urged the city council to come up with a plan for snow removal. Ellen Pajor, 3542 Minikahda Ct., representing The Nest, 3416 Library Lane, a non-profit coffee shop that is frequented by local high school students, stated she is also concerned about snow removal. She requested the city’s help with finding a solution. She added the project will help local businesses in the long run, and she is excited about increased walking and bike access to The Nest. Ms. Pajor stated students have requested a crosswalk at the Lake Street/Library Lane intersection, which will increase safety and accessibility. She added students have also noted there is no place for them to put their bikes. She expressed full support for the “green” alley, which she hopes they will be able to use for events and gatherings. She expressed the importance of The Nest’s visibility from Lake Street. Ms. Pajor expressed support of a Special Service District, but added she is concerned about the cost. She added the local economy must be supported in this proposed development, as this location is critical to the community. She noted The Nest needs to be near the high school, so being priced out would be detrimental to their business. Ms. Pajor stated safety for students during construction is a primary concern. She requested more information from the city regarding strategies to ensure safety for pedestrians and bikers, and to minimize impacts to local businesses during construction. Henry Solmer, 4717 W. 28th St., stated he is a member of the St. Louis Park Historical Society. He added his organization is glad to see the city invest in this historic neighborhood, which was the original downtown area. He noted there is concern about visitor access to the Historical Society, which is currently in a second-floor space. He asked that the city keep that in mind in their deliberations. Curt Rahman, owner of 3540 Dakota St. and several other properties, expressed his thanks to the city for addressing accessibility and improving this historic area, the oldest part of the city. He urged, on behalf of himself and the 15 tenants he represents, that the city council preserve the STEP emergency program. Mr. Rahman requested consideration of bike racks, benches, lighting, landscaping, and garbage containers. He added local businesses want to create an ambience that will DocuSign Envelope ID: AFF3E76E-FAB7-4C16-8B77-74E062DF6FC1 City council meeting -8- December 17, 2018 attract customers without creating additional barriers. He noted the project plan includes many boulevard trees which could reduce visibility for local businesses. Mr. Rahman stated the special parking district is very important in this area as many businesses do not meet parking requirements. He offered his help in resolving this issue. He stressed the importance of keeping roads open during con struction as much as possible. He noted the newly formed Walker/Lake Business Group will hold its first meeting on Wed., Dec. 19, 2018, and this organization could be a good conduit for a weekly communication meeting with contractors. Mr. Rahman thanked the city council for directly investing in this important neighborhood business district. He added the improvements will create new opportunities for small businesses. Steve Posner, 3400 Dakota Ave. S., expressed concern that the proposed roundabout will take away some of his parking area. He added he is one of the few businesses with adequate parking, and he requested further discussion on the roundabout before any decisions are made. Mayor Spano closed the public hearing at 8:20 p.m. Mayor Spano thanked the audience members who shared their concerns. He stated any further questions or concerns can be directed to city staff, either after this meeting or at the city offices. Councilmember Rog expressed the importance of pedestrian safety as a priority. She added she has heard many residents and business owners mention that high school students cross the streets at various points to get to The Nest. She noted she wants to ensure that the area remains friendly to small local businesses. Councilmember Mavity asked whether a dog park is included in the site plan, although it is a separate issue from what is being discussed. She stated the proposed streets and sidewalks structure could have a bearing on whether a dog park could be considered. She added there is city council support for a dog park, as well as several dog-oriented small businesses in the area. She noted she would like to ensure that the city council’s decision at tonight’s meeting would not prevent construction of a future dog park. It was noted the council will take final action on this project at the Jan. 7, 2019 meeting. 6b. Resolution consenting to and providing host approval for Yeshiva of Minneapolis revenue bonds. Resolution No. 18-200. Mr. Simon presented the staff report. He stated city council consideration is requested of a resolution for host approval for revenue bonds for Yeshiva of Minneapolis. He DocuSign Envelope ID: AFF3E76E-FAB7-4C16-8B77-74E062DF6FC1 City council meeting -9- December 17, 2018 added revenue bonds are a form of tax-exempt financing which has been approved for other projects in St. Louis Park. Mayor Spano opened the public hearing. No speakers were present. Mayor Spano closed the public hearing. It was moved by Councilmember Rog, seconded by Councilmember Mavity, to adopt Resolution No. 18-200, consenting to and providing host approval to the issuance by the city of Medina of its revenue obligations. The motion passed 6-0 (Councilmember Hallfin absent). 7. Requests, petitions, and communications from the p ublic – none 8. Resolutions, ordinances, motions and discussion items 8a. 2019 budget, final city and HRA property tax levies, and 2019-2028 capital improvement plan. Resolution Nos. 18-201, 18-202, and 18-203. Mr. Simon presented three resolutions: approving the 2019 budget, authorizing city and HRA tax levies, and approving the 2019-2028 Capital Improvement Plan. Mr. Simon stated the preliminary tax levy was adopted on Sept. 17, 2018, with an increase of 5.18%. He added the increase has since been reduced and all final property tax notices will be recalculated once all taxing jurisdictions approve the final levies. He noted public comment was taken during a public hearing on Dec. 3, 2018. Councilmember Mavity stated this is the 9th budget process in which she has been involved. She feels a sense of gravity as the city council and city staff work toward solidifying partnerships with the community. She expressed her support for certain aspects of the budget, including the climate action plan, racial equity initiative, and other important investments, including staffing and affordable housing. Councilmember Miller stated he will not support the 2019 budget as proposed, with an increase of 4.35%. He added he appreciates the significant amount of work that city staff have put into their recommendation. He expressed concern about the city’s renters, many of whom will see a rent increase. He noted there are opportunities for property tax relief at the state level. Councilmember Rog stated it is her first year of involvement in the city budget process as a councilmember. She added she is enthusiastic about many items in the budget, but expressed her concern regarding impacts on seniors, residents on fixed incomes, and residents who will see a significant property tax increase. She noted she supports the 2019 budget and levy with reservations. DocuSign Envelope ID: AFF3E76E-FAB7-4C16-8B77-74E062DF6FC1 City council meeting -10- December 17, 2018 Councilmember Harris stated it is her first year on the city council. She expressed her appreciation of and support for city staff and her colleagues in developing the 2019 budget. She added the City of St. Louis Park provides a variety of services that are greatly valued by its residents. She noted the city’s residents value the amenities and services available to them, and she supports an emphasis on the climate action plan, as residents have indicated that the environment is a top concern. Councilmember Brausen stated he believes the adoption of the annual budget and levy is the most important task that the city council undertakes annually. This budget is how we spend our tax dollars. I am a senior, who makes less than $50,000 household income annually and owns that hypothetical $250,000 single family home that has now gone up in assessed value to $275,000 this year, so I like others will share the impact of the proposed taxes and levy increase. This budget is made up of 80% personnel costs, of which half is public safety. Our staff is given a 3% cost of living increase plus benefits package that allows us to maintain a high quality professional staff. The remainder represents initiatives that we feel as a council are worthwhile, not all of which I always agree with, but which we have adopted for items such as body cameras for our police and seed money for the Nest, to big ticket items such as the Westwood Nature Center. These expenditures represent our values, and I’m willing to support this budget to pay for them. Mayor Spano stated he will be supporting the 2019 budget as it is a reasonable request. He added this is the 3rd year in a row that the city has lowered the amount of its levy increase. He noted increases are related to important investments that the city must make for the benefit of the community. It was moved by Councilmember Mavity, seconded by Councilmember Brausen, to adopt Resolution No. 18-201 adopting the 2019 general fund budget, other 2019 budgets, and authorizing the 2019 final property tax levy. The motion passed 5-1 (Councilmember Miller opposed; Councilmember Hallfin absent). It was moved by Councilmember Brausen, seconded by Councilmember Miller, to adopt Resolution No. 18-202, authorizing the 2019 final HRA levy. The motion passed 6-0 (Councilmember Hallfin absent). It was moved by Councilmember Brausen, seconded by Councilmember Mavity, to adopt Resolution No. 18-203, adopting the 2019-2028 capital improvement plan (CIP). The motion passed 5-1 (Councilmember Miller opposed; Councilmember Hallfin absent). 8b. Crime-free/drug-free rental housing. Resolution No. 18-204. DocuSign Envelope ID: AFF3E76E-FAB7-4C16-8B77-74E062DF6FC1 City council meeting -11- December 17, 2018 Ms. Deno stated the city council reviewed Ordinance 8-331 related to rental housing at their December 10, 2018, study session. City staff was directed to prepare a report for a study session in January on recommendations to convene a group of key stakeholders to review the ordinance and provide recommendations to the city council on possible changes to the ordinance, as well as, to develop a resolution suspending the issuance of certain violation notices to rental property owners. This moratorium would allow time for further study and consideration. Any proposed changes will be reviewed by the city council at their Jan. 14, 2019, regular meeting. Ms. Deno stated a draft resolution was included in the council packet which, if approved, would take effect immediately. She added city staff recommends adoption of the draft resolution and requested the city council’s feedback and comment. Councilmember Mavity stated city staff was directed by previous councils to implement the provisions of this ordinance. She expressed her support for suspension of sending notices, as she believes it is inappropriate for the police department to be involved in tenant/landlord relationships. She noted the city’s police force has enforcement rights, with which they are reasonable and fair. Councilmember Mavity stated she is concerned that tenants, who bear the brunt of implementation of the ordinance, do not have the power or ability to appeal it. She added the police department should not be sending eviction notices to tenants in the community. She proposed a potential amendment to the resolution, imposing a moratorium on sending notices to landlords, with no enforcement whatsoever during the period we are studying it, so there will be no threat or retroactive reach. Councilmember Mavity stated the proposed moratorium would eliminate any notifications to landlords related to behavior that is not allowed on rental property, lease violations, or cause for termination of lease in Ordinance 8-331 provisions (c), (d), (e) and (f). It was moved by Councilmember Mavity, seconded by Councilmember Br ausen, to adopt Resolution No. 18-204 with the following amendment: a moratorium on notifications to landlords related to behavior that is not allowed on rental property, lease violations, or cause for termination of lease in Ordinance 8-331 provisions (c), (d), (e) and (f). Councilmember Miller stated he would like to offer a substitute motion. He deferred to the city attorney. Mr. Mattick stated a vote is required on the current motion. Councilmember Miller expressed his concern regarding the 10-year old ordinance. He stated it could cause confusion for tenants who may not understand that a lease could be enforced by law enforcement. He believed the ordinance discriminates against people of color and those who are disadvantaged and stated he can only support DocuSign Envelope ID: AFF3E76E-FAB7-4C16-8B77-74E062DF6FC1 City council meeting -12- December 17, 2018 notification of lease termination, and thinks there has not been appropriate public process or review. Councilmember Miller stated the proposed changes will completely alter the ordinance, and residents need to be able to count on law enforcement to enforce it. He thinks it is an over-reach on the part of the city council to make a presumption and vote on this ordinance. He stressed the importance of striking a balance with the other councilmembers who have an issue with terminating a lease. He noted that would be the body of the substitute motion he would like to make. Councilmember Brausen stated he agreed with Councilmember Mavity that city staff should notify residents regarding the eviction process as it is a civil matter. He added the police department should not direct the use of a civil penalty before a tenant has an opportunity to respond. He felt the notification process could potentially be used against tenants rather than protect them. Councilmember Brausen stated, in his opinion, the language and terms of the ordinance are too broad and do not protect the public interest. He stressed that his comments should not be conveyed as criticism or allegation of misuse of the ordinance by city staff. He noted he would support taking another look at the ordinance. Councilmember Rog stated many residents have shared their perspectives, but the common objective is safe housing for all residents. She expressed the need for more data and facts, and concern regarding the chilling effect this ordinance will have on residents who might decide not to contact the police. She expressed concern about the disruption the proposed ordinance could cause in the lives of families, including losing their housing, and the racial impacts of this ordinance. Councilmember Rog stated there are many solutions that need to be reviewed. She added she supports Councilmember Mavity’s amended resolution calling for a moratorium, as the current ordinance is too unpredictable and impacts are unknown. Councilmember Harris thanked the audience members who were present. She stressed the importance of reviewing ordinances for potential amendments and stated she supports suspension of sending letters of eviction unt il further study can be done to enhance future policy. Mayor Spano stated he spoke with a resident, Yolanda Ferris, about this issue. He added Ms. Ferris’ opinion was that nothing should be changed, as the ordinance as it is written is important for the quality of life of the people in her community. He expressed his appreciation to Ms. Ferris for sharing her thoughts. Mayor Spano stated the answer is to amend the letters, but continue to send them. He recommended that the letters contain contact informat ion for social services with DocuSign Envelope ID: AFF3E76E-FAB7-4C16-8B77-74E062DF6FC1 City council meeting -13- December 17, 2018 whom residents might want to consult. He stated the issue is creating happy, healthy communities and residents, and not whether to send letters. Mayor Spano stated a work group to review these issues is being considered, but it will not happen overnight. He expressed concern that the city council would reject this type of proposal when there are so many differing views. He noted he does not support Councilmember Mavity’s motion and stressed the importance of gathering more information. Councilmember Mavity recommended the book “Evicted: Poverty and Profit in the American City” by Matthew Desmond, which offers research on this type of ordinance. She added many similar ordinances have been evaluated and amended at the national and local level. Substitute motion: It was moved by Councilmember Mavity, seconded by Councilmember Rog, to adopt Resolution No. 18-204 with a moratorium on notifications to landlords related to Ordinance 8-331. The substitute motion failed 3-3 (Councilmembers Miller and Harris and Mayor Spano opposed; Councilmember Hallfin absent). Councilmember Miller proposed an amendment to the Resolution as follows: “The city council directs city staff to suspend sending eviction notices to owners and property managers.” City Attorney Mattick advised that notices related to provision (c) first notice of violation of the Crime Free/Drug Free Ordinance and provision (f) notice of termination, would still be sent. He added notices related to provision (d) first Disorderly Use violation and provision (e) second Disorderly Use violation would not be sent. It was moved by Councilmember Miller, seconded by Councilmember Harris, to approve the following amendments to Ordinance 8-331: notices related to provision (c) first notice of violation of the Crime Free/Drug Free Ordinance and provision (f) notice of termination would still be sent; notices related to provision (d) first Disorderly Use violation and provision (e) second Disorderly Use violation would not be sent. Mayor Spano proposed an amendment to Councilmember Miller’s motion that notices related to provisions (d) and (e) should be amended to include information regarding social services providers. He added some residents may need assistance obtaining that information. Councilmember Miller voiced support for Mayor Spano’s suggested amendment. DocuSign Envelope ID: AFF3E76E-FAB7-4C16-8B77-74E062DF6FC1 City council meeting -14- December 17, 2018 Amendment motion: It was moved by Mayor Spano, seconded by Councilmember Harris, to amend the motion to direct city staff to include information regarding social services providers in notices related to Ordinance 8-331, provisions (d) and (e). The amendment motion failed 3-3 (Councilmembers Brausen, Mavity, and Rog opposed; Councilmember Hallfin absent). Councilmember Mavity stated, in her opinion, the city council should not support the sending of any of these notices. She added, additionally, it is inappropriate and misguided to assume that any resident who receives a notice from the police department should also need support from social services providers. Councilmember Mavity offered a friendly amendment to the motion that notices should include information for renters on seeking legal advice and support. The friendly amendment was not accepted. Mayor Spano stated residents may need help from social services providers , but not have the necessary information. He added the amended ordinance could be the impetus that connects them with the help they need. Councilmember Rog stated she is fairly new to the city council and has not been involved in this type of discussion before. She added she feels that the city council is getting deep into speaking for others, rather th an dealing with facts. She reiterated her feeling that the potential chilling effects of this ordinance on residents calling the police when they need help, and the threat of displacement, are the issues that need to be addressed. Councilmember Rog stated she would support a pause on the moratorium to give law enforcement the opportunity to resolve these issues. She added the city council has an important goal to prevent potential permanent harm through displacement of residents. Councilmember Miller expressed concern for the city’s thousands of individuals and families living in what they believe to be a safe environment because of the protections offered by this ordinance. He added it is wrong to presume that a lease agreement will be enough to ensure that violations do not occur. He noted he would support a public hearing to obtain public comment and feedback. Councilmember Miller stated he believes changes to the ordinance should be kept to a minimum while eliminating the option of lease termination. City Attorney Mattick stated, to summarize, the proposed motion is to suspend the issuance of notices related to provisions (c) and (f), but notices related to provisions (d) DocuSign Envelope ID: AFF3E76E-FAB7-4C16-8B77-74E062DF6FC1 City council meeting -15- December 17, 2018 and (e) would still be sent and should include contact information for social services providers. Mr. Mattick stated he sensed there was some urgency attached to adopting the proposed ordinance at tonight’s meeting. He added further guidance and review are necessary as the content of the notices related to provisions (d) and (e) are unclear. Councilmember Harris stated perhaps social services representatives could be guided to the tenants as well as the property owner, to promote transparency. She added notification should be received by whoever is responsible for the violation as well as the property owner. Councilmember Brausen stated he is unsure if he can support the resolution due to the ambiguity of its language. Councilmember Mavity stated she does not support the mailing of any of these notices, as they could have potential detrimental implications with unintended consequences. She requested that Mayor Spano remove his amendment to the motion regarding inclusion of contact information for social services providers. City Attorney Mattick stated it was a friendly amendment and there was no vote. He added the original motion to suspend use of notice related to provisions (c) and (f) is still under consideration. He noted the original motion was made by Councilmember Miller, seconded by Councilmember Harris. Mayor Spano withdrew his friendly amendment to include social services contact information. Councilmember Mavity stated she can support the amended resolution drafted by city staff included in the council packet. She added she is unable to support the sending of any notices. Councilmember Rog expressed her agreement with Councilmember Mavity. The amended substitute motion failed 2-4 (Councilmembers Miller, Brausen, Mavity, and Rog opposed; Councilmember Hallfin absent). It was moved by Councilmember Brausen, seconded by Councilmember Mavity, to adopt Resolution No 18-204, directing the city manager to suspending sending notices of violations of city code section 8-331. The motion passed 6-0 (Councilmember Hallfin absent). 8c. 2040 comprehensive plan. Resolution No. 18-205. DocuSign Envelope ID: AFF3E76E-FAB7-4C16-8B77-74E062DF6FC1 City council meeting -16- December 17, 2018 Ms. McMonigal presented the draft 2040 comprehensive plan for the city council’s consideration. She added the city is required by state law to complete a comprehensive plan on a 10-year cycle, to be reviewed by the Metropolitan Council. Ms. McMonigal stated the City of St. Louis Park held 4 neighborhood planning workshops and an online survey in the fall of 2017. She added an interactive process was used during the workshops to successfully obtain input from a wide range of residents within the community. She stated common themes noted by residents include improved sidewalks and trails, more local restaurants, retail and neighborhood spaces, an increase in affordable housing and improved property maintenance, traffic calming, trees and green spaces, and storm water system improvements. Ms. McMonigal stated additional sections were added to the updated comprehensive plan, including racial equity, climate and energy, community health and safety and public health. She added the next steps for the comprehensive plan are review and approval by the Metropolitan Council, and subsequent finalization and implementation. Ms. McMonigal stated city staff recommends city council approval of the draft 2040 comprehensive plan. Councilmember Harris thanked Ms. McMonigal and city staff for the presentation. She requested a copy of the presentation slides. She added the comprehensive plan process and related community engagement were deeply robust. It was moved by Councilmember Harris, seconded by Councilmember Brausen, to adopt Resolution No. 18-205, authorizing submittal of the St. Louis Park 2040 comprehensive plan to the Metropolitan Council. Councilmember Brausen expressed appreciation of the hard work of city staff in putting the comprehensive plan together. He thanked the community for being so engaged in the process and added he is proud that St. Louis Park included racial equity and climate action, which should be included as a requirement for all communities. Councilmember Mavity thanked city staff for their efforts and hard work. She stated the updated comprehensive plan recognizes that St. Louis Park is a thriving community and identifies the appropriate path to which the city must adapt. She expressed her satisfaction regarding the mobility section, and the fact that the city is prioritizing the health and safety of citizens as well as sustainability, and recognizes the community will be moving in different ways. The motion passed 6-0 (Councilmember Hallfin absent). DocuSign Envelope ID: AFF3E76E-FAB7-4C16-8B77-74E062DF6FC1 City council meeting -17- December 17, 2018 8d. Ordinance regarding ground floor area ratio in the R-3 two-family residence district. Mr. Morrison reviewed an ordinance amendment related to ground floor area ratio, or the allowable amount of property a structure can cover. He stated the proposed change equalizes current requirements as 27% of duplexes in the City of St. Louis Park are currently non-conforming. He noted that would drop to 5% of duplexes if the proposed ordinance is approved. Mr. Morrison stated the Planning Commission recommended city council approval of the ordinance amendment. It was moved by Councilmember Mavity, seconded by Councilmember Rog, to approve the first reading of an ordinance increasing the ground floor area ratio from 0.25 to 0.35 in the R-3 two-family residence zoning district, and to set the second reading of ordinance for Jan. 7, 2019. The motion passed 6-0 (Councilmember Hallfin absent). 8e. 2019 non-union employee compensation. Resolution No. 18-206. Ms. Deno reviewed 2019 compensation for non-union employees, as well as the city manager’s salary for 2019. She requested city council approval of the 2019 non-union compensation plan. It was moved by Councilmember Rog, seconded by Councilmember Brausen, to adopt Resolution No. 18-206, confirming 2019 compensation for non-union employees; setting the city manager’s salary; and, continuing participation in the volunteer firefighter benefit program. The motion passed 6-0 (Councilmember Hallfin absent). 9. Communications – none 10. Adjournment The meeting adjourned at 10:10 p.m. ______________________________________ ______________________________________ Melissa Kennedy, Secretary Jake Spano, Mayor DocuSign Envelope ID: AFF3E76E-FAB7-4C16-8B77-74E062DF6FC1