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HomeMy WebLinkAbout2020/07/20 - ADMIN - Minutes - City Council - Regular Official minutes City council meeting St. Louis Park, Minnesota July 20, 2020 1. Call to order Mayor Spano called the meeting to order at 6:30 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), Building & Energy Director (Mr. Hoffman), Police Chief Harcey, CIO (Mr. Pires), Fire Chief Koering, Racial Equity Manager (Mx. Sojourner), Communications Manager (Ms. Smith), Sr. Management Analyst (Ms. Solano), and Recording Secretary (Ms. Pappas) Guests: none 2. Presentations - none 3. Approval of minutes 3a. Study session minutes of May 11, 2020 Councilmember Rog stated on page 6, paragraph 4 it should read, “...confirm city makes loans.” It was moved by Councilmember Kraft, seconded by Councilmember Rog, to approve the May 11, 2020 study session minutes as amended. The motion passed 7-0. 3b. City council emergency meeting minutes of May 30, 2020 It was moved by Councilmember Rog, seconded by Councilmember Kraft, to approve the May 20, 2020 city council emergency meeting minutes as presented. The motion passed 7-0. 3c. City council minutes of June 1, 2020 It was moved by Councilmember Rog, seconded by Councilmember Harris, to approve the June 1, 2020 City Council minutes as presented. DocuSign Envelope ID: 98CBD0E6-A8FC-456B-A1E9-8DEEA34EE8F3 City council meeting -2- July 20, 2020 The motion passed 7-0. 3d. Study session minutes of June 15, 2020 It was moved by Councilmember Rog, seconded by Councilmember Brausen, to approve the June 15, 2020 study session minutes as presented. The motion passed 7-0. 4. Approval of agenda and items on consent calendar 4a. Adopt Resolution No. 20-101 authorizing installation of permit parking restrictions in front of 4212 Wooddale Avenue. 4b. Adopt Resolution No. 20-102 authorizing installation of permit parking restrictions in front of 2720 Utica Avenue. 4c. Authorize mayor and city manager to execute the utility easement with Xcel Energy for burying of the overhead power lines. 4d. Adopt Resolution No. 20-103 authorizing the special assessment for the repair of the sewer service line at 1801 Ford Road, St. Louis Park, MN, P.I.D. 01 -117-22-44- 0090. 4e. Adopt Resolution No. 20-104 authorizing the special assessment for the repair of the sewer service line at 3304 Utah Avenue South, St. Louis Park, MN, P.I.D. 18- 117-21-14-0025. 4f. Adopt Resolution No. 20-105 authorizing the special assessment for the repair of the sewer service line at 3305 Aquila Lane South, St. Louis Park, MN, P.I.D. 18 - 117-21-24-0036. 4g. Adopt Resolution No. 20-106 authorizing the special assessment for the repair of the sewer service line at 3305 Utah Avenue South, St. Louis Park, MN, P.I.D. 18 - 117-21-14-0022. It was moved by Councilmember Rog, seconded by Councilmember Brausen, to approve the agenda as presented and items listed on the consent calendar; and to waive reading of all resolutions and ordinances. The motion passed 7-0. 5. Boards and commissions - none 6. Public hearings - none 7. Requests, petitions, and communications from the public – none 8. Resolutions, ordinances, motions and discussion items 8a. COVID-19 pandemic: face coverings DocuSign Envelope ID: 98CBD0E6-A8FC-456B-A1E9-8DEEA34EE8F3 City council meeting -3- July 20, 2020 Mr. Harmening stated the council previously discussed this and the topic is being brought back for the council to consider mandating face coverings through a resolution or ordinance. Councilmember Kraft stated he would like to offer an alternative path to the resolution included in the packet. He stated there was lack of clarity in the study session on whether a resolution could mandate and require face coverings, which it does not. And whether an ordinance would necessarily make violations a crime, which it does not have to. Councilmember Kraft added he would like the council to consider an ordinance instead. He cited the Institute for Health and Metrics at University of Washington, which has predicted an additional 33,000 deaths in the US and about 100 in MN, without universal mask use. He stated universal mask use slows the spread of COVID-19, will help businesses stay open, give schools a better chance of staying open, and save lives. He added this needs to be the goal. Councilmember Kraft stated he approves of the city’s communication campaign adding there is also a need to get masks to those who cannot obtain them. He suggested this be a mandate versus a resolution. It will allow for more compliance, with the main benefits of wearing masks being to protect others from those that have COVID, but don’t know it. He added the city has mandates for other things such as speed limits, and in the interest of public health, he would like to pursue this for facial coverings as well. Councilmember Kraft added he would like this to be an emergency ordinance with a mandate, that would have the same clauses as the proposed resolution but would replace the words “strongly urged” with “require”. He added violations should be a petty misdemeanor, it should require businesses to post signs about wearing masks while in stores, but also makes it incumbent on the individual to wear masks. He added he would not want businesses to have to enforce this and would like this to be an emergency ordinance effective immediately, last for 60 days, and afterwards there may need to be additional action, depending on the action taken by the governor. He stated this could be issued tomorrow, and he will ask Mr. Mattick for direction at the appropriate time. Mayor Spano agreed with Councilmember Kraft, adding he is interested in adding to this a mandate around access to PPE. He explained the Cares Act funds the city received but has not yet spent, can be used here as it fits with the appropriate use. He noted this makes good public safety sense and addresses concerns on access in our community. Councilmember Harris stated she understood the resolution would require masks but not be enforceable. Mr. Harmening agreed that is correct. Councilmember Harris stated she would support a resolution that mandates and strongly urges mask wearing. She stated this will be in response to a public health crisis and is also a declaration of the city’s commitment to helping local businesses rebound. She asked staff what options for enforcement are. Mr. Harmening stated this would be DocuSign Envelope ID: 98CBD0E6-A8FC-456B-A1E9-8DEEA34EE8F3 City council meeting -4- July 20, 2020 enforceable with the adoption of an ordinance. He added there would also be an educational approach to urge folks to comply with the ordinance, adding this is what most cities are doing. Councilmember Harris noted at the June 8, 2020 council meeting, she commented on the need for masks locally and the option to have a health and safety services team enforce this, rather than having it fall to the police. Mr. Harmening explained it could be that this would not need to fall to police to enforce ; however, if businesses are not obeying the ordinance, a police officer would eventually need to be involved. Councilmember Harris stated she has concerns about this occurring parallel with conversations the council is having on the roles of police and scope of force . She added she is wary of adding one more responsibility to the police force. Councilmember Mavity stated she does not support the resolution in the packet . She believes in mandating masks, leading, and leadership about setting a direction related to this. She stated Councilmember Kraft has presented specific language and she suggested a motion be made to move this forward. It was moved by Councilmember Kraft, seconded by Councilmember Mavity, to adopt an emergency ordinance on face coverings similar to the clauses in the proposed resolution, including that violations are petty misdemeanors, a requirement of businesses to post signs, a requirement for customers to wear masks, while it be incumbent on individuals to wear masks. Mayor Spano suggested a friendly amendment to the motion related to supplying masks to residents that are in need. Councilmember Kraft agreed; however, Councilmember Mavity did not, and the friendly amendment was declined. Councilmember Mavity added she strongly believes the state should be leading in this policy to mandate masks and if not the state, then Hennepin County. She stated this would provide clarity and guidance and hopes it happens soon. She added in the meantime, the city needs to act on this. She stated this will not be 100% enforceable but noted that should not be the yardstick if action is taken tonight. She stated this will help to support our businesses and our city and that is the goal. Councilmember Mavity reiterated the council should act this evening on this ordinance and not delay. Councilmember Rog stated the previous plan and resolution were acceptable to her but given the CDC standards, she will not oppose a mandate this evening. She added it is important to be aware and this is not as simple as the dominant culture sees it. She stated she wants to raise awareness that there is legitimate fear for some people about this, and if there is enforcement behind it, the force of law falls harder on the BIPOC community vs. white people. Councilmember Rog stated this is an opportunity to raise awareness on coronavirus and racism, and she hopes to see a similar sense of urgency addressed around racism also. She stated the biggest risk is around restaurants and bars and noted she has seen issues DocuSign Envelope ID: 98CBD0E6-A8FC-456B-A1E9-8DEEA34EE8F3 City council meeting -5- July 20, 2020 locally as well as behaviors conducive to the spread of COVID. She stated she wants to see the focus on the real culprits and not just have the city check a box on a mask ordinance. Councilmember Rog added she has concerns about elections, noting the masking is political and this will be a challenge for election staff. She asked how the city will protect store workers in the political environment we are in, adding it’s likely to get worse . She asked if considering this situation, the city should add a public health professional to staff to support racial equity, climate and other issues specific to the community. She stated this could be part of the policing discussion as well to look at mental health issues. She added masks are one way for people to funnel their anxiety now, but added it is not as clear for all in St. Louis Park, especially in some communities . She stated she will support the motion before the council. Councilmember Mohamed stated she has been thinking about the nuances of masks and found it is a double-edged sword. There is a need to protect people and residents’ lives in general, and specifically people of color who are more likely to get COVID. However, she also has concerns about policing of black and brown bodies. She shared a story about her own recent experience in a grocery store when wearing her head scarf as a mask, and someone told her that was inappropriate. Councilmember Mohamed quoted Councilmember Mavity as saying, “don’t let perfect be the enemy of good”. She noted this is true, but she feels that COVID is uncharted territory, and the council must be creative in working to save lives with masks and deal with racism. She stated she can’t believe she is on the far right of this issue – but she does not want to wear masks. She stated the city will need to educate and communicate with residents and warned about getting the police involved now as the council will be discussing the city’s policing approach. She also has concerns about ticketing people who have lost their jobs, and this is not the direction she wants to go. She prefers passing a resolution and not an ordinance or any enforcement that involves petty misdemeanor. Councilmember Mohamed stated she highly encouraged everyone to wear masks, but she does see the ordinance may pass tonight, and if it does she asked the other councilmembers to do more, and use their white privilege to tap into white friends and neighbors and tell them how important this is, have conversations on social media and make sure this is addressed, because the ordinance will not address it. Councilmember Brausen asked if a petty misdemeanor must be witnessed by a police officer in order to be issued. Mr. Mattick stated that would be true for traffic offenses that are observed, but in the mask situation, the misdemeanor could be submitted for probable cause. Councilmember Brausen stated he will support this ordinance, adding it’s the right thing to do, it relates to public health, while the biggest issue is enforcement. He stated he will rely on the police to use discretion and enforce appropriately. Councilmember Brausen stated he believes Chief Harcey’s staff understand these laws and will not punish communities of color, adding we are looking DocuSign Envelope ID: 98CBD0E6-A8FC-456B-A1E9-8DEEA34EE8F3 City council meeting -6- July 20, 2020 for compliance and not looking to be punitive. He stated it is about enforcing a public health requirement to protect us all. Councilmember Brausen stated he supports the city giving masks to those in need, adding it’s a good use of resources. He asked older white people to not be suspicious of persons of color wearing masks – and to presume good intentions. Councilmember Harris stated she has received emails requesting a mask ordinance and is inclined to have masking required; however, she is disappointed the council is choosing to include petty misdemeanor in the ordinance, especially when racism is now a public health issue. She stated she honors Councilmember Mohamed’s words, and will deviate and support the motion made by Councilmember Kraft. Mayor Spano thanked everyone for their observations, adding he wants to be sure the city does everything within reason to help keep the community as safe as possible. He also thanked Councilmember Mohamed for her comments and agreed with her. He stated this issue has two pieces – it’s about access and how everyone treats one another. Mayor Spano added the council can provide good clarity to the police, but he is concerned about public interactions. He again noted the city can use the Cares Act funds to purchase masks for those in need, and he prefers this be done . He added if the governor mandates this, the council will be discussing access again soon . Mr. Mattick noted in other communities, businesses can say to customers who question them that the city has enforced this, but it is the individual’s responsibilit y to wear a mask and not the businesses responsibility to enforce it . He noted it is the individual who would receive a citation if not wearing a mask, and not the business . Councilmember Rog stated this will need to be explained to the public. She added in the way the coronavirus creates stress and anxiety in folks, it is also valuable to recognize racism is similarly a threat to BIPOC people all the time and the stress and anxiety they face is an urgent public health issue. She stated there is urgency t o pass this ordinance. Councilmember Brausen asked if signage will be required in businesses, and if licenses would be revoked for not doing signage. Mr. Harmening stated the city does not license every business in St. Louis Park, so this could not be used as an enforcement. Mayor Spano suggested including graphics in the communication campaign, so the graphic could be used in business windows. Ms. Smith added the communications plan has a multi-pronged approach including noting what people need to do for themselves, and not worrying about others. Councilmember Mavity stated the council needs to act on this as soon as possible, and vote on the motion on the table. DocuSign Envelope ID: 98CBD0E6-A8FC-456B-A1E9-8DEEA34EE8F3 City council meeting -7- July 20, 2020 Mr. Mattick stated he has concerns as there is not a written document of the ordinance in front of the council at this time, and he suggested the council recess tonight’s meeting and come back to vote on the ordinance when it is in front of them. He suggested the council direct staff to draft the ordinance and bring it back for voting. Councilmember Kraft withdrew his motion. It was moved by Councilmember Brausen, seconded by Councilmember Mavity, to recess to tomorrow, Tuesday, July 21, 2020 at 8:30 p.m. The motion passed 6-0-1 (Councilmember Mohamed absent for the vote). 9. Communications Councilmember Kraft stated with the challenges around climate action, there is something homeowners or renters can do. He explained the virtual home energy squad, which comes to your home, does an analysis on where people can save on energy bills. He directed residents to the city website for more information and noted St. Louis Park subsidizes half the cost. Councilmembers Harris and Mohamed commented on the Texa Tonka shopping center open house and how successful it was, along with food trucks, including Revival. It was noted many women will welcome the new female chiropractor in the area as well. 10. Adjournment The meeting adjourned at 8:09 p.m. ______________________________________ ______________________________________ Melissa Kennedy, city clerk Jake Spano, mayor DocuSign Envelope ID: 98CBD0E6-A8FC-456B-A1E9-8DEEA34EE8F3