HomeMy WebLinkAbout2020/06/01 - ADMIN - Minutes - City Council - Regular Official minutes
City council meeting
St. Louis Park, Minnesota
June 1, 2020
1. Call to order
Mayor Spano called the meeting to order at 6:32 p.m.
1a. Pledge of allegiance
1b. Roll call
Councilmembers present: Mayor Jake Spano, Tim Brausen, Rachel Harris, Larry Kraft, Anne
Mavity, Nadia Mohamed, and Margaret Rog.
Councilmembers absent: None.
Staff present: City Manager (Mr. Harmening), City Attorney (Mr. Mattick), CIO (Mr. Pires),
Deputy City Manager/Human Resources Director (Ms. Deno), Assistant Zoning Administrator
(Mr. Morrison), Senior Planner (Mr. Walther), Sr. Engineering Project Manager (Mr. Sullivan),
Engineering Director (Ms. Heiser), Racial Equity Manager (Ms. Sojourner), Senior Management
Analyst (Ms. Solano), and Recording Secretary (Ms. Pappas).
Guests: None
2. Presentations
2a. Recognition of Donations
It was noted the $1,500 American Legion donation was used to purchase a portable data
network for police and an update for communication equipment.
3. Approval of minutes
3a. Study session meeting minutes of April 13, 2020
It was moved by Councilmember Kraft, seconded by Councilmember Rog, to approve the
April 13, 2020 meeting minutes as presented.
The motion passed 7-0.
3b. Study session meeting minutes of April 27, 2020
It was moved by Councilmember Rog, seconded by Councilmember Harris, to approve
the April 27, 2020 meeting minutes as presented.
The motion passed 7-0.
3c. City Council meeting minutes of May 4, 2020
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Councilmember Rog noted on page 4, paragraph 2, it should read, “Councilmember Rog
noted that of the 20 comments received by staff the primary presenting concern was
semi-truck parking followed by concern about not enough parking, and then sightlines,
visibility and safety. She noted that staff recommended options addresses only one of
those concerns. She expressed her wish for staff to take more time to study the traffic
and parking issue and bring information back to council before a final decision is made.”
Councilmember Kraft stated on page 6, it should read “…did not analyze semis because
the city cannot change the definition in the code…it feels to him a resident would think
that’s a cop out.”
It was moved by Councilmember Rog, seconded by Councilmember Brausen, to approve
the May 4, 2020 meeting minutes as amended.
The motion passed 7-0.
4. Approval of agenda and items on consent calendar
4a. Accept for filing city disbursement claims for period of April 25 through May 22,
2020.
4b. Moved to 8d.
4c. Authorize mayor and city manager to execute the overpass easement agreement
with BNSF Railroad Company for the construction and operation of a separated
grade crossing for the Dakota bikeway bridge.
4d. Adopt Resolution 20-084 approving acceptance of a monetary donation from
the American Legion to allow the police department to purchase a portable data
network.
4e. Adopt Resolution 20-085 approving labor agreement between the city and the
firefighter employee bargaining group, establishing terms and conditions of
employment for one year, from 1/2/2020 – 12/31/2020.
4f. Accept for filing planning commission minutes of April 15, 2020.
Councilmember Rog requested that consent calendar item 4b be removed and placed
on the regular agenda as item 8d.
It was moved by Councilmember Brausen, seconded by Councilmember Harris, to
approve the agenda and items listed on the consent calendar as amended, and to move
consent calendar item 4b to the regular agenda as item 8d; and, adding the item 8a.
Proclamation declaring a local emergency resolution, emergency ordinance establishing
the curfew, and to waive reading of all resolutions and ordinances.
The motion passed 7-0.
5. Boards and commissions
5a. Appointment of representatives to boards and commissions
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Councilmember Kraft stated because of COVID, there were delays to this process, but he
was blown away by folks who applied. He stated he would like to further discuss the
process of appointments at a study session in the next few months, work to help folks
do a better job getting involved, and work better as a council with commissions. He
thanked Claudia Johnston-Madison and Carl Robertson for their years of service on the
city’s planning commission.
Councilmember Harris stated there were many applications, more than can be selected,
and she encouraged folks not selected, to consider serving on one of the city’s task
forces. She noted folks should reach out to staff liaisons and pointed out many are
needed on an ongoing basis as volunteers. She stated this group was particularly
notable, such as CEO’s, board members, and family members. She thanked those
leaving boards and commissions for their service to the city, adding their work cannot
be understated.
Councilmember Brausen thanked all who applied, stating annually this is the most
challenging job the council has. He stated over 50 people applied and the committee
went through all the applications and interviewed many. He stated the city is blessed
with a wealth of applicants that want to share their time and skills with the council in
managing affairs. He continued the applicants represent the breadth and depth of the
community, both renters and homeowners, of all sexes, ages and races, and range of
professions and experience. He added this year was difficult in scheduling for the council
due to COVID-19 pandemic and its impacts. He noted this year the planning commission
will lose Carl Robertson who has been on the commission for 20 years and Claudia
Johnston-Madison the past 14 years. He stated both individuals served the community
well over these years and they wanted to continue; however, it was reluctantly decided
to appoint two new members to their seats, giving others th e opportunity to serve.
Councilmember Brausen noted that incumbents who were not reappointed are
disappointed and probably hurt, which reflects their strong desire to continue serving
the community. He thanked them for their service to the community and noted the city
is better because of their efforts. He added with the new appointments, the hope is the
city will continue to be well-served as they each get their opportunity to make a
difference too.
Mayor Spano agreed with all said and noted that unfortunately, there was many
candidates with a limited number of spots.
Councilmember Mavity echoed the comments made, adding this is one of the most
challenging tasks each year. She stated in the past they would just reappoint and not
open applications to new appointees, but now the mission is to tap into all different
kinds of expertise. She stated long-standing Commissioners Robertson and Johnston-
Madison have done so much for the community, and we are learning th e expertise that
folks bring comes in many different forms, such as from renters, and many different
perspectives. She appreciated all who applied.
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Ms. Solano stated the terms will begin today June 1, 2020.
It was moved by Councilmember Rog, seconded by Councilmember Harris, to appoint the
representatives to the boards and commissions as listed in exhibit A.
The motion passed 7-0.
6. Public hearings - none
7. Requests, petitions, and communications from the public – none
8. Resolutions, ordinances, motions and discussion items
8a. Proclamation declaring a local emergency, resolution extending mayor-
declared local emergency and emergency ordinance establishing the curfew
Resolution No. 20-083, Emergency Ordinance No. 2586-20
(This item was added to the agenda during consent agenda approval)
Mr. Mattick stated the city wanted to be in alignment on curfew with surrounding cities
and noted it has proved helpful in several cases. The ordinance for this evening would
be to extend the curfew for tonight and tomorrow night, instead of holding emergency
meetings with the council to extend curfew. This also allows staff to align with state
government orders. He stated there is a proclamation and ordinance to approve
declaring an emergency and put curfew in place.
Mr. Harmening added once approved, this information can be put on the city website
and updated as needed.
It was moved by Councilmember Brausen, seconded by Councilmember Kraft, to approve
proclamation declaring a local emergency; adopt Resolution No. 20-083 to extend the
period of a mayor-declared local emergency; waive first and second readings, and adopt
Emergency Ordinance No. 2586-20 establishing the curfew, as presented and effective
immediately.
The motion passed 7-0.
8b. Southeast area bikeway – amend Resolution 20-058 – project no. 4018-2000
Resolution No. 20-086
Mr. Sullivan presented the staff report.
Councilmember Mavity stated in reference to the policy question, she does not want to
modify the policy. She stated after two years of community engagement, it was
disrespectful of the neighbors to want to change back to the original project plans. She
stated they could have saved a lot of staff time had they agreed with the original plan .
She, however, stated she will support moving forward on this as she supported this
design from the beginning as it was less costly and well-aligned with council policy of
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prioritizing pedestrians and bikes. She added there are other residents unhappy with
this plan and the parking issues it may create on adjacent and indirect streets, with
extraordinary disruptions, adding that she wants to work with staff to help develop
plans for these neighbors. She stated it is the right design, but the wrong process.
Councilmember Harris asked how much money was saved with the new prop osal. Mr.
Sullivan stated it is a $75,000 cost reduction of the overall project by not constructing
parking bays in this section of the roadway.
Councilmember Harris stated she previously had supported adding the parking bays, but
now will shift her vote to approve this design and save money for the city, especially
considering COVID. She added the more points of contact with cars and bikers can be
minimized, the better. She noted there are fewer cars on roads now and more families
out biking, who are interested by concerned bikers, and do not want to be in contact
with vehicles. She stated she supports minimizing interactions between vehicles and
bikers and therefore will support this plan.
Councilmember Brausen stated he was not in favor of revisiting this project, but now
shares Councilmember Mavity’s view, adding this version will save trees and money,
and he would like to get the project started .
Councilmember Rog stated she made her views clear the first time, and still hopes share
the road will be considered, and prioritizing bikes over cars. She stated she has never
seen such opposition from residents, adding this seems like a course correction . She
added even with all the time put in by staff, this does not seem to represent the best of
the city’s public process, but she will support it.
Councilmember Mohamed stated her main concern was cost, so she is now totally in
agreement with the proposal.
Councilmember Kraft stated he will support this as well, adding there will be less
pavement, and trees and money will both be saved. He stated this will help with the
future of Connect the Park and change the speed limit here . He added he is sensitive to
the concerns of residents and anxious to hear more from Councilmember Mavity after
her work with staff on the parking issues for neighbors on adjacent streets.
It was moved by Councilmember Rog, seconded by Councilmember Harris, to adopt
Resolution No. 20-086 amending Resolution 20-058 to remove parking bays from
Wooddale Avenue between 44th Street and Morningside Road.
The motion passed 7-0.
8c. Temporary expanded outdoor customer service areas
Mr. Morrison presented the staff report.
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Councilmember Kraft asked about the tent plan and if folks will have to submit a
secondary application. He asked how that process can be made as easy as possible. Mr.
Morrison stated it is a very simple process, the application can be submitted to the fire
department, and can be approved within 1 day.
Councilmember Kraft stated he is very supportive of this policy and thanked staff for
their work on this and the small business grant program. He added he would love to see
this followed up with street closures so bike, walking, and scooters can get to locations
and to alleviate parking.
Councilmember Harris stated she is thankful for the creative ideas of staff on sidewalk
seating and sidewalk fitness. She thanked staff for their creativity and bringing the
indoors outdoors, adding she is supportive of this.
Councilmember Rog stated she is also appreciative to staff for this creative solution and
asked about liability or insurance coverage for business owners. Mr. Morrison stated
this has been discussed with business owners, and owners are working with their o wn
insurance companies.
Councilmember Rog asked what the fitness class size limit is. Mr. Morrison stated 10
people. Councilmember Rog also asked if the city will notify neighbors of late activity.
Mr. Morrison stated within the permit approval, owners will be requested to notify
neighbors and contact them.
Councilmember Rog added the tent seems to be an equity issue, adding if someone
lacks funds to rent a tent, there should be a way to remove that barrier.
Councilmember Mohamed agreed this is a creative way for businesses to stay afloat.
She added we need St. Louis Park businesses and jobs to keep thriving and asked
everyone to be patient as we all strive to live the new normal.
Mayor Spano stated he will support this, adding this is not a silver bullet, it’s a piece of
silver buckshot and will work for some but not all.
It was moved by Councilmember Rog, seconded by Councilmember Brausen, to approve
a policy for temporary outdoor customer service areas.
The motion passed 7-0.
8d. Designate Eureka Construction, Inc. the lowest responsible bidder and
authorize execution of a contract with the firm in the amount of $2,437,712.90
for the historic Walker Lake project – phase 2 (4018-1050)
Councilmember Rog requested this item be removed from the consent agenda for
discussion as item 8d.
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Councilmember Rog stated this is a great project, which is important to the community,
but noted the cost of the project since mid-mark has grown an additional $600,000. She
asked for clarification on this increase. Ms. Heiser stated the cost increase is related to
adding additional ADA improvements to the project, costs of the retaining wall along the
stadium which were higher, and some miscounts on quantities. She added the
pedestrian flasher also came in higher from the estimate, along with the associated
sidewalk and drop in the curb. Ms. Heiser stated this is the nature of bid ding, staff tries
their best to provide an accurate estimate, but the bids sometimes come in higher.
Councilmember Rog stated there is a new reality now with the budget, so she wanted to
point out there is a significant cost increase, and costs need to be lowered, while also
remaining within our strategic goals.
Councilmember Brausen noted there were 68 companies that viewed bids online
including 8 that are minority owned, and this is the best the city got . He added these
additional costs don’t severely hit the budget and to change the project now seems
counterproductive. He stated he will support this bid.
Councilmember Kraft stated he has no background on this project but is concerned to
see the high cost of the bid. He asked if there are things that can be done to lower the
costs, adding that widening or narrowing the street might be one way. He asked about
impacts of COVID on the project.
Ms. Heiser stated the bond funds cannot be used for anything other than bikeways,
sewers, and watermain, so staff feels the project can move forward in light of COVID.
She added there was a public process on the project and while changes can be
approved, this should not be done without a public process. She noted there are ways
to change contracts, but the reality is to do change orders or re-design the project will
cost $25,000 in engineering and administration costs. Additionally, Ms. Heiser stated, if
changes are made, there will be delays to the project starting and if it’s delayed too
long, it will not be completed before winter. She added with the utilities doing street
work now, if the project is not awarded, the streets will then need to be repaved and it
will cost $100,000 to put the streets back together before winter as well .
Mr. Harmening stated he was unhappy with the bid result, and shared similar concern s
as the council, but felt ultimately it was best to go ahead and complete the project
before the end of the year.
Councilmember Mavity stated while she appreciates that it’s the council’s responsibility
to review and keep within parameters, there is a social contract with the community
and a process. She noted this project was approved and the costs of staff time to redo
this will increase costs and delay the project. She stated the council needs to trust the
process in place, and if specific items need to be removed, that can be looked at. She
added also to revisit the entire project now is disrespectful to staff and the processes in
place, and she does not support reopening the project now.
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Councilmember Mohamed noted when this project was approved the costs were
different. She stated it is within our rights to ask about the costs as councilmembers, but
not poke holes in everything. She added if questions are asked of staff by the council, it
is not disrespectful of staff time.
Councilmember Kraft stated he trusts staff and the process in place, while
understanding the social contract with citizens. However, he added, when a price comes
back 26% more and 50% more than the CIP, a discussion is very appropriate . He stated
he felt responsible to ask these questions, and he is satisfied with Ms. Heiser’s
responses.
Councilmember Mavity clarified that of course, she agrees the council should be asking
questions.
Councilmember Rog added if the council does not approve this project, it is within it s
rights to do so. She added she appreciates staff creativity, but at the same time there
are impacts including the reduced 2021 CIP. She stated she would like to know more of
what the city is trading in or buying today and suggested the city steward more in ligh t
of budget constraints. Councilmember Rog noted she will support this but going forward
would hope council and staff can think more about cost saving measures .
Councilmember Rog stated the council has a deep responsibility to make racial equity
front and center, including around engineering projects. She stated she liked seeing 8
disadvantaged business owners review the bid, but added she wants to better
understand why the city is not supporting more minority business owners .
Councilmember Rog added if the city improves this area, we run the risk of gentrifying
this area, rents will go higher and we run the risk of property owners raising rents,
making properties unaffordable. She stated she wants to think this through from the
beginning and be extremely proactive.
Mayor Spano stated he will support this, adding it is the council’s job to look at cost
increases. He agrees on ensuring women and minority owned businesses are included in
the bidding process, and in making the process accessible to them.
It was moved by Councilmember Harris, seconded by Councilmember Rog, to approve
Eureka Construction, Inc. the lowest responsible bidder and authorize execution of a
contract with the firm in the amount of $2,437,712.90 for the historic Walker Lake project
– phase 2 (4018-1050).
The motion passed 7-0
9. Communications
Councilmember Mohamed made the following statement:
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This past week was very emotional for all of us, we’ve been sad, angry and hopeless, and for me
it’s been in that order. We’re always trying to figure out how we can help, but not sure how.
This week has amplified those emotions even more than usual. As I was going through the
weekend, I can’t imagine the generational trauma the Black Americans and African Americans
go through and is passed down like an heirloom. I heard this and it’s such a wonderful
expression – where most of us get watches from our grandfather and such, sentimental items,
they get this trauma passed down.
I have only been here for 13 years, I have only known what it means to be black for 13 years, so I
cannot comprehend. As the George Floyd case progresses, we can only ask and demand for
justice. I want us to take this time to reflect how we carry our business here in St. Louis Park
because all of us here have some sort of influence and power and makes decisions that influence
everybody. Our standard cannot be – and excuse my crude comment – “we don’t kill black
people here”. That cannot be the standard, and “this doesn’t happen in St. Louis Park” cannot
be an excuse. As councilmembers, one of the first things I was taught is three things – to provide
safe water, roads and workable sewage, so anything above that is a vision we have for the city .
Same with our engineering team and same for our police officers – they have a bottom line of
their job description. And nowhere in our job description does it say be aware of social issues, be
racially equitable – these are things we will ourselves to do because we think it’s the right thing
to do.
Going back to the decisions we make that affect all of our residents, and the Mayor has spoken
about this. He talks about instincts and going “mama-bear” for your folks and making sure they
are well served and get the best things. Usually those instincts extend to our family, neighbors,
community members and I want us to extend that instinct to anyone we meet and anyone we
are serving. This looks like – and we have Alicia – and she does a wonderful job of telling us that
might not work, and she says, I have done my job when each one of us can do the work
ourselves. We need to start striving for that and get Alicia out – sorry Alicia I know you are on
this call, but in the most respectful way ever! For what is happening in our city, we can only
make sure we change our city. I have stood hopeless to figure out what I can do for Minneapolis,
and I can’t figure it out. All I can come back to is St. Louis Park because that’s where my
influence lies. Our biggest problem lies in the “unintended consequences” and whether we like
to or not, unintended consequences hurt and damage just the same. Also, what Councilmember
Rog was saying with our community policing is right on track and with the multi-cultural
advisory, that’s what our city should be, and not only striving for the basics.
Mayor Spano thanked Councilmember Mohamed for her comments.
Mayor Spano continued he had a conversation with Derek at STEP about bringing supplies into
South or North Minneapolis, but he said there are enough folks helping there now . Derek
shared some places folks can donate to, but added in 10 days or 2 weeks, that’s when there will
be great need. Mayor Spano stated he will share this information with council and staff .
Mayor Spano asked about city staff that live in Minneapolis, and possibly the affe cted areas. He
wanted to be sure if those staff need support, that they get help needed. Mr. Harmening stated
he and staff have discussed this and stated the city provides employee resource groups and will
provide a listening session, along with wellness information to all staff as well.
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Councilmember Kraft thanked Councilmember Mohamed for her comments adding her
comment about only knowing what it means to be black for 13 years means we have a lot of
work to do.
Councilmember Rog expressed her gratitude to Ms. Sojourner on the statement the council
distributed. She also thanked Mr. Harmening and staff for the excellent way they have taken
care of the community ongoing and especially this past week. She added it is comforting to feel
like we have a good set of leaders making smart decisions, noting the residents and she
appreciate this.
Councilmember Harris agreed, and asked if the statement from the city can be shared to the
website’s homepage. Mr. Harmening stated he will work on this.
Councilmember Harris added she reached out to two African American men in her district to
check in on them, and they said they are still scared when driving. She stated this comment
broke her heart, and she continues to listen to people in her district and would like to do a
listening session if possible.
Mayor Spano added the city’s race equity web page needs updating, as there is much work
that’s been done that is not reflected there, and the city is getting lots of questions around the
race equity work of the city. He added he has also had calls on the city policing model and
asked if this page can also be updated on the website as a starting point, to direct folks to .
Councilmember Mavity added for questions on policing, the police department has inf ormation
on the city website that links to the four sessions presented to the council and public by Chief
Harcey and his staff last year, along with resources and documents on the city’s policing
approach.
10. Adjournment
The meeting adjourned at 8:20 p.m.
______________________________________ ______________________________________
Melissa Kennedy, city clerk Jake Spano, mayor
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