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HomeMy WebLinkAbout2020/06/08 - ADMIN - Minutes - City Council - Study Session Official minutes City council study session St. Louis Park, Minnesota June 8, 2020 The meeting convened at 6:30 p.m. Councilmembers present: Mayor Jake Spano, Tim Brausen, Rachel Harris, Larry Kraft, Anne Mavity, Nadia Mohamed, and Margaret Rog. Councilmembers absent: none. Staff present: Deputy City Manager/Human Resources Director (Ms. Deno), CIO (Mr. Pires), Director of Community Development (Ms. Barton), Housing Supervisor/Deputy Community Development Director (Ms. Schnitker), Assistant Housing Supervisor (Ms. Olson), Property Maintenance and Licensing Manager (Ms. Boettcher), Police Chief Harcey, Racial Equity Manager (Ms. Sojourner), Community Organizer (Mr. Gray), Senior Management Analyst (Ms. Solano), and Recording Secretary (Ms. Pappas). Guests: Crime/Drug-Free workgroup members: Marc Berg, Kirsten Breker Albright, Judith Onsuma, Karl Gamradt, Liz Schroeder, and Joey Dobson, Housing Attorney advising the group . 1. Crime/drug-free rental housing ordinance – discussion with workgroup Mr. Berg, lead workgroup member, presented options A and B to the council. Councilmember Harris asked for a quick overview of the items to be repealed in the ordinance in sections 8331, 8332, and the ordinance revision in section 8333. Mr. Berg explained that 8331 deals with definitions, procedure, uses, and criminal and drug activity. He noted if the police issue a criminal or drug activity, the landlord is required to proceed with eviction. He stated in option B, this entire section would be repealed. Additionally, in 8332, if a landlord fails to end the lease when required to do so, the landlord is fined . He stated in option B, this also would be repealed. With section 8333, this would be a revision to the ordinance because there is a cross reference here to section 8331. There would no longer be a lease provision for landlords if 8331 is repealed. Councilmember Kraft asked if the provisional license is subjective or if there are specific objectives being recommended. Ms. Schnitker stated the suggested language under 8333 involves changes on the provisional license that are there to not dissuade anyone from calling police if help is needed but noted the language can be subjective as well. Councilmember Mavity stated this ordinance was ad opted prior to her time on the council, and its original goal was to deal with a few landlords the city was having problems with . The ordinance did not exist before that time and one of its key challenges is that it now feels misdirected and the entire focus and impact of it is now on tenants, instead of landlords. Councilmember Mavity added she is strongly in favor of a full repeal of this ordinance because of the many reasons that have surfaced within the work group. She stated every human being deserves kindness and respect and in housing, the disparities are huge. She added if the city DocuSign Envelope ID: 7CF0FED8-95B9-4CDC-8A0D-2E6DC115C001 Study session minutes -2- June 8, 2020 had looked at this ordinance through the lens of racial equity, it never would have been adopted. Councilmember Mavity stated today we must ask what the role of police in our community is. She stated she is very proud of the city’s police department and proud that St. Louis Park does community policing, but the police do not have a role in housing. She added we have asked the police to do too much, and while they are wonderful people, they do not have expertise in housing, and yet their decisions can impact a person’s housing for decades. She stated this is seen more clearly today. Councilmember Mavity stated it doesn’t work, it’s ineffective, and we have not had this ordinance in effect for 1.5 years, adding she has not heard of any changes in the city’s crime rate because of it. She stated this ordinance has had enormous negative impacts on people’s housing and lives. She stated the ordinance does not align with the city’s race equity work and it needs to end now. Chief Harcey explained the impact most noted by police without the ordinance being in place is the lack of being able to create a strong partnership with landlords and building owners due to the lack of free flow of information. Councilmember Mavity stated she appreciated that, but the city’s relationship with residents is more important than with landlords and everyone else, and residents need to be prioritized. Chief Harcey stated the system had been in place for many years and owners and managers relied on the data of what was going on in their buildings. Councilmember Rog appreciated the work of this group and staff, the challenges faced, and is sorry for that, but added the group rose to the occasion. She stated she hoped they learned from each other. She stated there is no question in her mind this is not an ordinance the city would enact today, stating it flies in the face of the city’s racial equity work and strategic goals. Councilmember Rog added eliminating police involvement in housing is the direction the city needs to take, and she will support option B. Councilmember Rog asked what the rationale is for tenants involved in an appeal of a provisional license decision. Ms. Dobson stated the provisional license has an impact on the individual living in that home and if someone is visiting a tenant and there is an issue, the tenant would have an interest in preserving the roof over their head, so sometimes the tenant and landlord are on the same page. Ms. Schroeder stated her property manager lives onsite and is there to support tenants if needed. If there are issues, she works to correct them, and works with tenants while letting them know their rights. Councilmember Rog stated training will be important for property managers and landlords, including tenants’ rights and mediation process. She noted it will be a challenge for property managers, but it’s time to reshape the process, and not default to poli ce, as clearly, they are not the experts. DocuSign Envelope ID: 7CF0FED8-95B9-4CDC-8A0D-2E6DC115C001 Study session minutes -3- June 8, 2020 Ms. Schroeder added her property manager cares about everyone personally and cares about folks. She stated landlords and property managers need to care about people and cannot separate business aspects from people. She added her property manager has invested in human beings and in the underserved and she hopes every property manager can be like this . Councilmember Rog thanked Ms. Schroeder for her comments and stated the council would never implement an ordinance like this today. She stated housing should not be used as a tool to punish people. Councilmember Rog also noted there are statutes in place that don’t infringe on fair housing within the city. She quoted from the article provided by Ms. Dobson and added this ordinance does not work for this community. She stated more data is needed from the police department in order to justify how much is included in the annual budget for police. Councilmember Harris stated the ordinance was rooted in improving the qu ality of life and keeping crime to a minimum in rental units. She continued that social norms are now different. She asked the workgroup to comment on the thinking of property managers on the workgroup who were in favor of option A. Mr. Berg stated none of the property managers or landlords that served on the workgroup are at tonight’s meeting, and he will not speak for them . Chief Harcey stated the property managers have looked to the ordinance to have police provide accurate information on what is going on inside the buildings, and if a tenant is creating a quality of life issue within a building. Ms. Schnitker agreed with Chief Harcey, stating the property managers liked getting police reports in order to know about activity within buildings, b ut most landlords did agree there needs to be changes in the ordinance. She added landlords appreciated the information from police and the relationship with police as well. Councilmember Harris stated the flow of information from police seems to be a loss for property managers and landlords. She asked if there is another mechanism for this information to be conveyed to them. Chief Harcey stated the current ordinance prescribes when police provide information to landlords, so he would need to know what the community expects of the police on this issue, and when police should provide information if it is not prescribed by the ordinance. Councilmember Harris stated this is an opportunity to recognize what level of service the city wants police to respond to and what level of interaction police should take in order to create a peaceful society. She feels it is time to shift from asking police to help with renter disputes . Ms. Schnitker explained the provisional license provides a tool for the city to address properties where there are some challenges. She stated the provisional license has only been applied one time in the city and because of the relationship with the community liaison officer, situations did not rise to that level. Councilmember Harris noted that Richfield has a nuisance fine for rentals and owner-occupied issues and asked if that could be included in the provisional license process. Ms. Schnitker stated this could be explored in a future ordinance. DocuSign Envelope ID: 7CF0FED8-95B9-4CDC-8A0D-2E6DC115C001 Study session minutes -4- June 8, 2020 Councilmember Mohamed asked why tenants were not involved when the ordinance was developed. Mayor Spano stated he spoke to some who were involved in the creation of the ordinance and no renters were part of the discussion as it was put together in response to an intransigent property owner, and they were working to get this under control. Councilmember Mohamed stated last week the council discussed systemic racism and unintended consequences, and this policy seems to be the epitome o f that. She continued to state it affects renters, which are disproportionately people of color. Councilmember Mohamed stated this ordinance does not give tenants the right to appeal and she emphasized she is against having this ordinance in St. Louis Park as it is not racially equitable. It needs to be changed and dismantled, especially considering all that is currently going on. She continued, stating this needs to be a private agreement between renter and owner and should not fall under the purview of the police. Councilmember Mohamed stated St. Louis Park is an inclusive and safe city and should provide for residents on an equitable level. She stated she will support option B. Councilmember Kraft also noted the article from the American Constitutional Society provided by Ms. Dobson. He stated the point about our criminal justice system has racism in it and then to tie the housing system into the criminal justice system is not appropriate and does not make sense. Councilmember Kraft stated, however, this is not to say he does not appreciate the work of Chief Harcey and the police but noted there are fundamental flaws in the larger system, and Chief Harcey is aware of this. He added in speaking with some folks involved with problem landlords, hearing of problems, and of some positives that happened, he challenged staff to look at what outcomes are wanted here, and to reimagine this relationship between the city and landlords. He appreciates also the recommendations on the provisional licenses and asked that more be done here also to get to the outcomes wanted – safe and equitable housing. He added the positives that happened should be looked at and set up within the framework of the new system. Councilmember Brausen stated he appreciates all the thoughts on this difficult topic, adding his wife is a landlord in the city. He believes housing is a fundamental right for everyone, and that safe, decent housing is what this ordinance tried to create, but it did not work, had unintended consequences, and contributed to racial systemic issues. He stated he is in favor of option B and would like to have landlords trained to recognize mental health issues, criminal activity, when to call police, along with racial equity training around housing. Councilmember Rog asked how staff sees training being modified going forward. Ms. Schnitker stated staff will expand training to cover additional areas that have not been part of training in the past, and would work to have collaboration between police, housing staff, and building and energy and racial equity staff to create a comprehensive training program. Councilmember Rog added that Minnesota legal aid and other housing experts would be of great value to the training. She suggested staff also look at the provisional license and apply it to all rental properties, not just multi-family. Councilmember Rog added the conditions property managers previously relied on should be put into their rental agreements, and the city should require that all landlords have a written lease. DocuSign Envelope ID: 7CF0FED8-95B9-4CDC-8A0D-2E6DC115C001 Study session minutes -5- June 8, 2020 Ms. Dobson stated these are all great ideas to consider and highly recommended. Mayor Spano stated staff will need to investigate training around mental illness for landlords. He noted the origin of the ordinance was because 1 or 2 property owners were not addressing criminal activities on their properties, but now this feels like it’s become a regular part of our housing policy, with no renter input. Mayor Spano stated the power of police is dependent on the public, and while the police are not perfect, it feels like this policy was formed without the input of those who were subjected to it. He stated the city puts many demands on the police department, but they are not mental health professionals. He stated he was supportive of option B. Mayor Spano invited the workgroup members to make final comments. Ms. Schroeder stated again her property manager cares about each tenant, and if there is an issue at her building, they do not call police first – they call the property manager. She stated she prefers, if a building has 20 or more units, there should be a property manager that resides onsite so they can keep an eye on the property and validate if police need to be involved. Ms. Albright thanked everyone for their comments, adding renters need to lift their voices, noting that as much as a policy can be created with dignity and value, renters can still feel lower and denigrated. She continued by stating that everyone must be mindful of this and work to bring more dignity as these are the renters’ homes. Mr. Gamradt stated there is racism within policing, and we must be mindful there is also racism in the community and police still need to respond to calls even if they are not the source. He stated the city does not have required leases, but this must be put in place, along with requiring them to have a notification exception for domestic violence or public safety issues. He stated if this is required, and if there are a certain number of contacts on the building, police can then let landlords know how many are happening in their buildings. He added renters should be put on notice and know their rights. Ms. Onsuma stated she is an immigrant from Kenya, adding it was very hard moving from her home and making another place feel like home. She stated St. Louis Park is welcoming, but if someone feels threatened, this is a problem. She stated everyone needs a place to call home, and if law enforcement is called on a renter, it is scary and makes life hard and unbearab le. She continued this ordinance makes renters feel like this is not home, and it creates stress and mental issues. She stated she would love to see help for these renters, instead of kicking them out, and this ordinance has kicked out renters for things s omeone else did. She added she has been happy to be a part of this group, to review the ordinance, and help work on good interaction between tenant and landlord. It was the consensus of the council to support option B as presented by the workgroup. The ordinance will be repealed, and the provisional license portion will be kept in place for now, and staff will come back with recommendations on that. 2. Future study session agenda planning and prioritization DocuSign Envelope ID: 7CF0FED8-95B9-4CDC-8A0D-2E6DC115C001 Study session minutes -6- June 8, 2020 Ms. Deno noted for the June 15, 2020 meeting, Dave Moll from Redpath will be presenting the yearly audit results. She added at the June 22, 2020 meeting, there will be updates on COVID, city financials, and capital debt. Councilmember Mavity asked about the yearly stormwater plan and if this will be discussed soon at one of the June meetings seeing the report is due on June 30, 2020. Ms. Deno stated she will follow up on this and get back to council. Councilmember Mavity added considering tonight’s conversation, it might be a good time to revisit city policing practices and data. Ms. Deno stated staff is looking into this and is not waiting for the state to move ahead on this topic. She noted this will be on the agenda again soon. Councilmember Harris asked if it might be helpful to partner with Discover St. Louis Park and request that city businesses require masks be worn, especially for those with underlying health conditions or those over 65 years old. She stated this would be a proactive approach and asked staff to research this. Councilmember Harris stated she would encourage health and human services enforce this vs. police. Ms. Deno stated she will have staff look into this. Councilmember Rog stated she would like an update on city engineering projects. Mayor Spano stated he would like a broader policing discussion and whole new conversations on this soon. He added he asked Mr. Harmening to set up a tour for council at the now almost completed Westwood Hills Nature Center. Ms. Deno stated staff will follow up and figure out how to do a tour following government restrictions related to public gatherings. Councilmembers Kraft and Mohamed stated they will be proposing a couple items for study sessions regarding policing issues in the next few days. Councilmember Kraft stated they want to discuss immediate harm reduction and outcomes-based information. Councilmember Brausen stated he would not want to go through another 10-hour policing policy discussion and asked if staff can assist the new councilmembers with their questions and concerns. Councilmember Brausen added today was supposed to be the ribbon cutting ceremony for the new nature center. He stated an email from staff on the status of the construction and when the center might be open to the public would be helpful, along with when the old structure is set to be torn down. Councilmember Brausen referenced the written report about the billboard ordinance and stated he is not interested and is against electronic billboards. Councilmember Rog agreed and stated changing the ordinance and allowing more billboards does not seem to be in the public interest at all. DocuSign Envelope ID: 7CF0FED8-95B9-4CDC-8A0D-2E6DC115C001 Study session minutes -7- June 8, 2020 Mayor Spano agreed stating at some point he hopes billboards will not be a good source of advertising. Councilmember Kraft agreed, but stated he has seen some billboards turned into solar power which helped put solar power back into the grid. The meeting adjourned at 9:12 p.m. Written Reports provided and documented for recording purposes only: 3. Update – PLACE’s Via project – mechanic’s lien 4. Billboard ordinance and policy ______________________________________ ______________________________________ Melissa Kennedy, city clerk Jake Spano, mayor DocuSign Envelope ID: 7CF0FED8-95B9-4CDC-8A0D-2E6DC115C001