HomeMy WebLinkAbout2019/12/16 - ADMIN - Minutes - City Council - Regular Official minutes
City council meeting
St. Louis Park, Minnesota
Dec. 16, 2019
1. Call to order
Mayor Spano called the meeting to order at 6:30 p.m.
Councilmembers present: Mayor Jake Spano, Tim Brausen, Steve Hallfin, Rachel Harris, Anne
Mavity, Thom Miller, and Margaret Rog.
Councilmembers absent: None.
Staff present: City Manager (Mr. Harmening), City Attorney (Mr. Mattick), Deputy City
Manager/Human Resources Director (Ms. Deno), Building & Energy Director (Mr. Hoffman),
Engineering Director (Ms. Heiser), Senior Management Analyst (Ms. Solano), and Recording
Secretary (Ms. Pappas).
Guests: Larry Kraft, Students of Benilde St. Margaret.
1a. Pledge of allegiance
1b. Roll call
2. Presentations
2a. Recognition of donations
Mayor Spano thanked the following for their donations on behalf of the city council:
St. Louis Park Golden Kiwanis for $100 donation to the Westwood Hills Nature
Center 38th annual Halloween Party.
Leslie Marcus for $100 donation for park enhancements at Westwood Hills
Nature Center.
3. Approval of minutes
3a. City council meeting minutes of Nov. 18, 2019
Councilmember Rog noted on page 5, paragraph 7, it should read “…separated bike
lane…” not buffered bike lane.
It was moved by Councilmember Brausen, seconded by Councilmember Harris, to
approve the Nov. 18, 2019 city council meeting minutes as amended.
The motion passed 7-0.
3b. Special study session minutes of Nov. 18, 2019
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Councilmember Rog noted on page 1, paragraph 4, it should read, “She asked if the E-
generation facility -- planned for the north side but packaged with the south side --
would still be viable, if the south side were not constructed .”
It was moved by Councilmember Brausen, seconded by Councilmember Miller, to
approve the Nov. 18, 2019 special study session meeting minutes as amended.
The motion passed 7-0.
3c. Study session minutes of Nov. 25, 2019
It was moved by Councilmember Rog, seconded by Councilmember Brausen, to approve
the Nov. 25, 2019 study session meeting minutes as presented.
The motion passed 7-0.
4. Approval of agenda and items on consent calendar
4a. Approve the second reading and adopt Ordinance No. 2577-19 amending
chapter 36 of the St. Louis Park code of ordinances relating to the zoning map
and to publish the revised official zoning map.
4b. Approve second reading and adopt Ordinance No. 2578-19 amending Section
36-361 pertaining to off-street parking and to approve the summary ordinance
for publication.
4c. Adopt Resolution No. 19-158 to recognize Chad Kraayenbrink for his years of
service.
4d. Adopt Resolution No. 19-159 approving final plans and specifications, and
authorizing advertisement for bids for Louisiana Avenue Bridge replacement -
Project No. 4018-1700.
4e. Approve second reading and adopt Ordinance No. 2579-19 prohibiting parking in
city hall east lot and approve summary ordinance for publication.
4f. Moved to 8d.
4g. Adopt Resolution No. 19-160 execution of a contract with Summit
Envirosolutions, Inc. (Summit) for 2020 consultant services related to the
implementation of the Reilly Tar & Chemical Corporation (Reilly) Remedial Action
Plan (RAP).
4h. Adopt Resolution No. 19-161 approving acceptance of a $100 donation from St.
Louis Park Golden Kiwanis for the Westwood Hills Nature Center 38th annual
Halloween party and $100 from Leslie Marcus for park enhancements or
program needs at Westwood Hills Nature Center.
4i. Adopt Resolution No. 19-162 accepting work and authorizing final payment in
the amount of $9,497.98 for the annual concrete replacement project with
Universal Services, Inc. - Project No. 4019-0003, City Contract No. 60-19.
4j. Authorize execution of an amendment to the professional services contract with
SRF Consulting Group, Inc. in the amount of $163,248.61 for the preliminary and
final design of the Dakota-Edgewood bridge and bikeway project (4019-2000).
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4k. Adopt Resolution No. 19-163 delegating authority to make electronic funds
transfer.
Councilmember Brausen requested that consent calendar item 4f be removed and
placed on the Regular Agenda to 8d and that item 8d be moved to 8e.
It was moved by Councilmember Rog, seconded by Councilmember Mavity, to approve
the agenda and items listed on the consent calendar as amended to move consent
calendar item 4f to the regular agenda as item 8d and to move 8d to 8e; and to waive
reading of all resolutions and ordinances.
The motion passed 7-0.
5. Boards and commissions - none
6. Public hearings
6a. Sale of e-cigarettes and vaping products
Mr. Hoffman presented the staff report. He noted the council discussed public health
concerns related to the use and sale of e-cigarettes and vaping products at study
sessions in October and inquired as to what action the city could take in addressing
concerns voiced from residents.
Mr. Hoffman referred to recent data stating 26% of 11th graders in St. Louis Park have
used e-cigarettes or vaping products, which is a much higher number of students than
are using tobacco products. Over the past couple of years, the city has taken action
through raising the age to purchase to 21 and prohibiting the sale of flavored tobacco
products to discourage primarily youth from beginning a nicotine habit. The proposed
amendments to the business license section of city code would prohibit the sale of
Electronic Nicotine Delivery system (ENDS) products.
He noted a draft of the ordinance being reviewed this evening was sent to all licensed
establishments that sell tobacco products and also a tobacco license applicant in early
November, more than thirty days in advance of the public hearing.
Mr. Hoffman stated informational meetings were offered by staff in November to
explain the proposed regulation and answer questions. He stated only one person, who
represented the BP station, attended the meeting.
Mr. Hoffman read the list of received letters from many organizations supporting the
ordinance and asking the council to move forward.
Mr. Hoffman stated the effective date of the ordinance is Feb. 1, 2020, which would
allow retailers to adjust to the new ordinance.
Mayor Spano opened the public hearing.
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Paige Mullen, 315 Berry Ave. N., Wayzata, MN; Josie Nelson, 4523 Hampton Rd., Golden
Valley, MN; Maliah Jaiteh, 4301 Regent Ave. N., Golden Valley, MN; Meagan Watts, 133
Oakwood Rd., Hopkins, MN, all students at Benilde St. Margaret, thanked the city for
this ordinance, and asked the council to pass the ordinance, while also consider banning
menthol and mint tobacco products, noting their addictive qualities.
Mike Hindin, 7708 W. 13 ½ St., thanked the council for taking on this public health issue
and asked them to support the ordinance.
Sarah Sanchez, 2932 Texas. Ave S., stated she is the community impact director with the
American Heart Association, supports the ordinance, and requests the council also ban
menthol and mint tobacco products.
Paul Danicic, 2721 Idaho Ave. S., stated he works for a health care foundation in youth
education and with school districts. He supports a ban on all e-cigarettes and also asked
the council to remove the menthol exemption passed in 2017.
Heather Ganzer, MD, 905 W. 48th St., Mpls., MN, stated she is a 30-year Park Nicollet
physician who has watched countless patients develop heart disease and cancers while
struggling to be free from tobacco addiction. She asked the council to also consider
lifting the exemption on mint and menthol flavors and urged them on behalf of the
American Medical Association to pass the ordinance.
Stuart Hanson, MD, 3663 Park Center Blvd., #313, stated he is a retired pulmonary
physician from Park Nicollet, and worked there for 41 years. He has seen patients with
heart and lung disease, and explained the nicotine in vaping is the same type of nicotine
as in cigarettes. Dr. Hanson stated e-cigarettes, just like regular cigarettes, permanently
damage lungs and the nicotine is hard on the throat also. He thanked the council for
their leadership and encouraged them to pass the ordinance.
Megan Shea, a representative with the Coalition of Neighborhood Retailers, stated she
and several retailers have concerns with the ordinance, adding there is recently updated
information on the CDC and FDA websites related to THC. She added the CDC and FDA
are recommending folks not use THC for vaping or take products from friends, adding
products such as JUUL can benefit those wanting to stop smoking cigarettes . She
encouraged the council to look further into this before taking action on the ordinance
and added there are many retailers who want to discuss this further.
Bethlehem Yewhakawork, 398 Minnesota Ave., Roseville, MN, stated she fully supports
the ordinance along with banning the sale of e-cigarettes, and asked the council to also
consider removing the menthol and mint exemption.
Isabel Woodstrom, 3206 Alabama Ave. S., stated she does not like vaping products and
thinks it is wrong that flavors are put into these products, because kids can get addicted
and get lung cancer and actually die from this, if they are not careful. She said this is
very wrong, and she asked the council to support the ordinance.
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Ruth Tripp, 4500 Chicago Ave. S., Mpls., MN, stated she represents Hennepin County
Public Health. She thanked the council for their concern with this public health crisis and
commended them for working with the school district to engage in this. She asked the
council to support the ordinance and also to remove the mint and menthol exemption.
Melissa Gaida, 3032 Kentucky Ave. S., stated her father started smoking as a child, and is
still smoking today. She added her grandmother died from throat cancer and she is
vehemently against all products including cigarettes, vaping or chewing tobacco . She
urged the council to support the ordinance.
Mayor Spano closed the public hearing.
Councilmember Miller stated it is fulfilling to see such community involvement in this
topic, and thanked residents for their comments. He stated the ordinance would be a
small part of the solution, but it must start somewhere . He stated he hopes by taking a
leadership position, the city can urge the state legislature to take a stand on this as well
and perhaps other cities will also pass ordinances, leading to more education and an
entire approach to end vaping. He stated he appreciated his colleagues and staff moving
forward on this in 2020.
Councilmember Mavity stated she is impressed with the incredibly talented and
informed group of folks in St. Louis Park that have spoken this evening and she will
support this ordinance. She added she hopes the city can play a part in creating a state-
wide policy on this issue, adding with Governor Walz’s support, she anticipates this will
be on the legislative agenda.
Councilmember Mavity added she would like the council to further discuss the issue of
mint and menthol products as being part of the city’s banned products .
City Attorney Mattick stated the council must give 30 days’ notice if looking to make
changes related to mint and menthol products, and would not be able to act on that
issue this evening.
Councilmember Rog thanked Councilmember Miller for bringing up this issue and staff
for expediting it. She is glad the city is taking a stand on this and hopes others will follow
including the state. She thanked residents and students for speaking at the public
hearing.
Councilmember Brausen stated it is gratifying to see the community so engaged in this
public health debate. He noted he grew up in a smoking home, and is a former smoker
himself, and understands the additive habit that it is. He stated he will support the
ordinance.
Councilmember Hallfin stated the city bans anyone under 21 from purchasing tobacco
and he will vote against this ordinance tonight, as a matter of principle. He stated
people put bad things in their bodies all the time, adding he abhors all tobacco products,
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especially since his father died of lung cancer. He stated, however, this does not change
the fact that people have freedoms in this country and when you are an adult in this
city, you should have the freedom to make an adult decision on this – and this
ordinance infringes on personal freedoms and choice.
Mayor Spano stated he also is a former smoker who thinks about having a cigaret te
multiple times per day. He stated tobacco is highly addictive and he did try vaping
products as a means to quit smoking. However, it did not work for him. He stated he
understands Councilmember Hallfin’s position, but is worried about kids that can’t go 20
minutes without vaping. He also agrees about further discussion by the council on the
mint and menthol issue. Mayor Spano stated he will support this ordinance.
It was moved by Councilmember Miller, seconded by Councilmember Mavity, to approve
the first reading of an ordinance prohibiting the sale of e-cigarettes and vaping products
and set the second reading for Jan. 6, 2020.
Motion passed 6-1 (Councilmember Hallfin opposed).
The council directed staff to schedule a study session to discuss the prohibition of mint
and menthol products from being sold in St. Louis Park as well.
7. Requests, petitions, and communications from the public – none
8. Resolutions, ordinances, motions and discussion items
8a. 2020 budget, final city and HRA property tax levies, and 2020-2029 capital
improvement plan (CIP) Resolution No. 19-164, Resolution No. 19-165,
Resolution No. 19-166.
Mr. Simon presented the staff report. He noted the policy considerations:
Final property tax levy at 4.96% increase over the 2019 tax levy
Maximum HRA levy allowed by state statute at $1,332,978
Capital Improvement plan and projects
2019 budget amendment related to wind source power
Councilmember Miller stated he will oppose the final property tax levy at 4.96%. He
stated the general levy spending does not support the city’s strategic goals or items in
the charter and also is not sustainable for infrastructure of public safety, and does not
leave enough liquidity for surprises. He added that renters will be cost burdened as well
as the elderly wanting to stay in their homes.
Councilmember Harris stated she will support the tax levy adding it addresses
infrastructure and public safety, along with goals for climate action and sustainability.
She added the levy addresses adding a police staff person and allows for public safety
responses to mental health crises. Councilmember Harris added this increase will help
support staff and increase services as well.
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Councilmember Rog stated she also will support the tax levy, which is change from her
earlier response. She stated baseline debt is a 1.1% increase, plus a 3% increase for staff
puts the levy at 4% without any new items added. She continued she is pleased the levy
is below 5%. She stated she has concerns over renters and those on fixed incomes, and
on a $298,000 median home, that is a $5.46 per month increase.
Councilmember Rog stated the city will need to be innovative to stay healthy and
robust, and will need to develop more revenue streams for the community .
Councilmember Brausen stated the adoption of the budget is the most important thing
the council does each year. He added the council looked at the details in the proposed
2020 budget, identified priorities, and included salary increases for the city’s exceptional
staff. Councilmember Brausen stated he will support the tax levy and budget .
Councilmember Mavity stated she will support this budget, adding the council set this
budget in motion many years ago, and worked strategically through the visioning
process when working on the comprehensive plan. She added the visioning input was
operationalized into the budget, in order to help the city’s strategic vision come into
being. She added she is proud of the impact of sustainability in the city, and now also
the adoption of the climate action plan. Councilmember Mavity also noted she is proud
of the innovation in the community, including the fire department working with
Methodist Hospital to help keep folks out of the hospital .
Councilmember Hallfin stated he is pleased with the budget for 2020, and thinks about
how citizens are getting value for their dollar, with clean streets, public safety, fire, and
police. He added city council and staff do a good job with the dollars allocated and he
will support this.
Mayor Spano stated the budget is in response to a set of initiatives put in motion by the
council, and while St. Louis Park is not the cheapest place to live, he has been told by
many residents that they would pay to live here and make the community a better place
to live. He looks forward to this budget and thanked Mr. Harmening and Mr. Simon,
along with staff, who worked on it for many months, and he is excited to support it .
It was moved by Councilmember Hallfin, seconded by Councilmember Brausen, to adopt
Resolution No. 19-164, approving the 2020 budgets and authorizing the 2020 final
property tax levy at 4.96%.
The motion passed 6-1 (Councilmember Miller opposed).
Councilmember Rog stated in 2020 the first $1 million will be deposited into the
affordable housing trust fund, and she is excited about this.
Councilmember Miller added he is excited to move forward with the HRA levy, and he
appreciates Councilmember Rog being a champion of the affordable housing trust fund.
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Councilmember Harris stated it is an honor to support the HRA levy and have $1 million
in the fund in 2020, to progress folks who struggle with access to affordable housing.
It was moved by Councilmember Miller, seconded by Councilmember Harris, to adopt
Resolution No. 19-165, authorizing the 2020 final HRA levy.
The motion passed 7-0.
It was moved by Councilmember Hallfin, seconded by Councilmember Brausen, to adopt
Resolution No. 19-166, approving the 2020-2029 capital improvement plan.
The motion passed 6-1 (Councilmember Miller opposed).
It was moved by Councilmember Mavity, seconded by Councilmember Rog, to adopt the
2019 budget amendment.
The motion passed 7-0.
8b. Resolution accepting annual city manager evaluation Resolution No. 19-167.
Mayor Spano pointed out several highlights of Mr. Harmening’s annual evaluation.
It was moved by Councilmember Harris, seconded by Councilmember Brausen, to adopt
Resolution No. 19-167, to accept the final city manager annual evaluation.
The motion passed 7-0.
8c. 2020 non-union employee compensation Resolution No. 19-168.
Ms. Deno presented the staff report.
It was moved by Councilmember Brausen, seconded by Councilmember Rog, to adopt
Resolution No. 19-168, to confirm a 3% general increase for non-union employees
effective 1/1/2020, approving the city manager’s salary for 2020, and continuing
participation in the volunteer Firefighter Benefit Program.
The motion passed 7-0.
8d. 2020 neighborhood grants
Councilmember Brausen stated this is a wonderful program that supports local projects,
community building and environment events. He encouraged all to get involved in their
neighborhood associations, and to contact city staff for resources.
It was moved by Councilmember Brausen, seconded by Councilmember Harris, to
approve $46,650 to fund 23 neighborhood grants for community building activities in
2020.
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The motion passed 7-0.
8e. Recognition of Councilmembers Steve Hallfin and Thom Miller
Mayor Spano thanked Councilmember Miller for his service.
Councilmember Rog stated Councilmember Miller is the reason she is serving on the
council, adding he has been a mentor to her and so many in the community. She stated
Councilmember Miller is humble and smart, and she thanked him for his work on
preventing the freight way reroute, the girls’ softball fields at Aquila, race equity, Walker
Lake area, The Nest, and the vaping ban discussed tonight. She stated she appreciates
his work and everyone in the community looks forward to what he will do next.
Councilmember Mavity stated it’s no secret she and Councilmember Miller butted
heads a bit, but added the past 4 years have felt strategic and a partnership has been
built. She stated she respects his professionalism and the opportunity to work with
Councilmember Miller.
Councilmember Harris stated it has been a pleasure getting to know Councilmember
Miller and work on bike/walk initiatives together. She stated she appreciates how he
seeks input from folks in the community, elevates everyday leaders and encourages
folks to step out. She added she appreciates his work on The Nest and the Walker Lake
District, and looks forward to his next round.
Councilmember Brausen stated he is impressed by the fact that Co uncilmember Miller is
a passionate voice for his ideals and for those who have the least voice in the
community. He thanked him and added it has been an honor to serve with
Councilmember Miller.
Councilmember Miller thanked everyone for their kind comments, adding he has
enjoyed working in city government, and getting things done quickly, while also being in
touch with constituents. He stated it has been a pleasure to serve on the council, adding
he always looked forward to study sessions the most.
Councilmember Miller thanked all his constituents, city commissions, and staff for their
countless hours prepping for council meetings. He also thanked the other council
members, stating he always felt welcomed, adding this is a highly functioning council,
which does not get into heated debates. He also thanked his wife and family for sticking
with him and encouraging him.
Mayor Spano stated Councilmember Hallfin and he came onto the council together, and
enjoyed getting to know each other better. He enjoyed their work together on The Roc,
the Nature Center, and solid waste and organics. Mayor Spano stated he respects
Councilmember Hallfin on financials, and being able to get things down to the final
question. Mayor Spano stated it has been a pleasure serving with Councilmember
Hallfin and being friends.
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Councilmember Miller stated he appreciates Councilmember Hallfin’s honesty, and
speaking his mind and his heart. He stated he enjoyed his perspective as the hometown
guy, and his simple and clean approach, adding he also respects Councilmember
Hallfin’s position on issues.
Councilmember Harris stated she appreciates Councilmember Hallfin’s help in building
trust in government. She stated Councilmember Hallfin encouraged her to run for
council, and she appreciated his work on launching the new nature center.
Councilmember Rog stated she appreciates Councilmember Hallfin’s love of community,
passion, and authentic approach. She stated she looks forward to see what he will do
with his extra time, adding she is sure he will be helpful to the community.
Councilmember Mavity stated it has been a pleasure sitting next to Councilmember
Hallfin for 8 years, and serving with him. She added he has a very clear world view and
it’s authentic, while he bleeds orange and represents the community very well.
Councilmember Brausen stated this is a bittersweet moment, and he is sad to see
Councilmember Hallfin go. He added Councilmember Hallfin brings a great perspective
as the home town kid and as he has shared a lot of history of the city. He stated it’s
been great to see Councilmember Hallfin’s love for the community and added he and
Councilmember Hallfin have become very good friends. He noted this will not be
Councilmember Hallfin’s last act in the community; he will continue to serve on the STEP
board as well.
Councilmember Hallfin thanked Beth and TJ for being there and being supportive,
adding he could not have been here without the two of them. He thanked his
colleagues, stating he respects each and every one of them doing what they do, week
after week. He also thanked staff for their hard work, adding he sees the value of tax
dollars spent every day.
Councilmember Hallfin also thanked the community at large for giving him the
opportunity to serve these 8 years, adding the main reason he wanted to be on the
council was to be a decision maker to move the city forward. He thanked his colleagues
and staff and stated he appreciated the plaque.
Mayor Spano recognized Steve Hallfin for his years of service as Council Member At
Large A of the St. Louis Park City Council from Jan 3, 2012 to Jan 6, 2020.
Mayor Spano recognized Thom Miller for his years of service as Council Member At
Large B of the St. Louis Park City Council from Jan 4, 2016 to Jan 6, 2020.
9. Communications - none
10. Adjournment
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The meeting adjourned at 8:45 p.m.
______________________________________ ______________________________________
Melissa Kennedy, city clerk Jake Spano, mayor
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