HomeMy WebLinkAbout2020/08/03 - ADMIN - Minutes - City Council - Regular Official minutes
City council meeting
St. Louis Park, Minnesota
August 3, 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), Police Chief Harcey, Operations & Recreation
Director (Ms. Walsh), Operations & Recreations Coordinator (Ms. Shingles), Community
Development Director (Ms. Barton), City Attorney (Mr. Knutson), Housing Supervisor /Deputy
Community Development Director (Ms. Schnitker), Assistant Housing Supervisor (Ms. Olson),
Senior Management Analyst (Ms. Solano), and Recording Secretary (Ms. Pappas)
Guests: None
2. Presentations - none
3. Approval of minutes
3a. City council meeting minutes of June 15, 2020
Councilmember Kraft noted the following corrections:
- Page 9 should read…“as he had heard concern that they don’t work well.”
- Page 9, 3rd paragraph should read…“about the concentration of our affordable
housing.”
- Page 9, 2nd bullet down should read…“medium density in the shape of the
boundaries….development indicate density of 50-125 units per acre are appropriate
and as this parcel is on the edge…he stated the net on density for him is there
should be a compelling reason for anything on 30 units per acre, and should be
approved, but what is proposed is expected within the comp plan .”
- Page 10 should read, “90 spaces yield 1.5 to one spaces per unit…mixed
development…overly large concentration of affordable housing and elsewhere in the
city, Elmwood’s concentration is about 50%, but St. Louis Park’s percentage of
affordable rental housing is also about 50%.”
- Page 10, 6th bullet should read… “to net all of these issues the question is, is there
compelling reason for density…over 30 units per acre.”
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- Page 10, last bullet should read… “inequality within our society…one of the most
basic inequality issues is affordable housing…and other than health and family it
doesn’t get more challenging than having an affordable place to live.”
It was moved by Councilmember Rog, seconded by Councilmember Harris, to approve
the June 15, 2020 city council meeting minutes as amended.
The motion passed 7-0.
3b. City council meeting minutes of July 6, 2020
It was moved by Councilmember Rog, seconded by Councilmember Kraft, to approve the
July 6, 2020 city council meeting minutes as presented.
The motion passed 7-0.
4. Approval of agenda and items on consent calendar
4a. Accept for filing city disbursement claims for the period of June 24 through July 27,
2020.
4b. Approve an extension until August 15, 2021 for Melrose Company to record the
final plat for Arlington Row Apartment East and Arlington Row Apartment West.
4c. Authorize execution of an amendment to the professional services contract with
SEH Inc. in the amount of $16,610.
It was moved by Councilmember Harris, 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. First reading amending ordinance to allow alcohol at Westwood Hills Nature
Center
Ms. Shingles presented the staff report.
Councilmember Harris asked if staff approves events at Westwood Hills Nature Center
on a case by case basis, and with approved caterers only. Ms. Shingles stated yes, noting
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this ordinance will allow alcohol for wedding events, as well as other events. She added
events also take place at Wolfe Park and Oak Hill Park on an infrequent basis.
Councilmember Harris noted this is an administrative efficiency to include other parks in
the ordinance along with the WHNC. She stated the ROC and the Rec Center both allow
alcohol at events and both are in an urban setting, whereas the Nature Center is in a
different environment. She asked if there are any concerns for animals and wildlife living
in the area and what impacts might be felt.
Ms. Shingles noted for every event there are provisions in place and alcohol is only
allowed in certain spaces at the nature center, while those attending may remain in one
room only and not throughout the whole facility. She added that renters may need to
rent temporary fencing around the area if they have an outside event and have
receptacles for recycling for larger events.
Councilmember Rog asked if non-licensed caterers were allowed to hold events at the
nature center and if exceptions were made to provide alternatives for security and if
anyone were to bring in their own food or food that’s not from a caterer, but from a
store.
Ms. Walsh stated those booking an event at the nature center may use any vendor for
food, but in order to have liquor at the center, a licensed caterer must be used .
Councilmember Harris asked if renters could not afford a licensed caterer, or not afford
to purchase their own insurance for an event, was there a more cost-effective way to
assist them.
Mr. Harmening stated if they are consuming alcohol in a public facility, the city take s on
the liability for that space and puts staff in a difficult position, so it is best to provide a
licensed caterer for these events.
Councilmember Brausen stated he supports the ordinance and encourages licensed
caterers to provide a low-cost license in order to assist residents - who may not be able
to afford a licensed caterer - to have events at the nature center.
It was moved by Councilmember Harris, seconded by Councilmember Brausen, to
approve first reading of ordinance amending Chapter 20-5 of the St. Louis Park Code of
Ordinances relating to prohibited acts to allow alcohol at Westwood Hills Nature Center
and to set the second reading for August 17, 2020.
The motion passed 7-0.
8b. First reading – repeal of crime and drug free rental ordinance
Ms. Schnitker presented the staff report.
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Councilmember Mavity stated this repeal of the crime and drug free rental ordinance is
a long time coming and the city is ever closer to where it should be in terms of
separating policing and housing. She stated this was the core of the challenge and
criminalizing behavior in a non-transparent way, harmed individuals. She stated she is
grateful to the workgroup and staff for all their work on this.
Councilmember Mavity stated the language proposed feels close, but it’s not 100%
there yet. She stated one of the core concepts of separating the police from housing and
where there are actual violations of the law, police have the tools to address this.
However, she noted, she still has concerns about 8-331 B and C. She stated previously
the crime free ordinance was implemented by police and housing and the fact the police
are still mentioned here is troublesome. She stated she understand the police can be
consulted but is not sure they should be mentioned here.
Mr. Harmening explained rental licensing is run by building and energy and taken care of
by the inspections department, who is the lead on rental licensing code and ordinances.
He noted there is a provisional license item in the code and police are mentioned as the
consideration of making a property subject to a provisional license, related to the type
of conduct happening at a facility. He stated Inspections would have no other way to
find out what is going on at a property unless the police were there to report to staff. He
added the police are the source of information for staff.
Councilmember Mavity asked if police also respond to a crime in the example of a non-
housing licensing issue and if that language is included in a n on-housing licensing as
well. Mr. Harmening stated the police are required to do annual compliance checks and
report back to the city clerk who provides liquor licensing and cites for violations.
Chief Harcey added the police’s job is to provide partnership with the inspections
division and the property owners. He stated police are trying to solve a problem, are
consulted, and the data is public. He stated it is a consulting role for police.
Councilmember Mavity noted this collaboration across departments should continue to
happen; however, her concern here is the language and that the plan was to extricate
the policing model from housing, and yet it’s still in here. She stated she asserts it is not
necessary and sends the wrong message in housing. She suggested it be removed from
section 8-331 B and C today.
Ms. Olson noted the work group members did discuss the provisional license issue and
decided to remove the number of calls per service but did leave in the police because of
ongoing public safety concerns. She added they still wanted a mechanism for dealing
with a property - within the ordinance - if it becomes unsafe – from a building
maintenance standpoint or with criminal activity.
Councilmember Mavity, however, stated if a retail establishment became a hub of
criminal activity or unsafe, the city has the tools within the policing model to address
that. She added with due respect to the work group, our world has recently been turned
upside down and with a greater focus on how to modernize policing in terms of
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continuous improvement. She reiterated there is no place for the police to be involved
in the licensing process, only if a problem occurs.
Councilmember Harris added she has heard from several property owners on this, and
they feel there has been benefit to the ordinance and in the absence of it, they are
greatly interested in remaining connected to the information source. She noted what
Chief Harcey said related to the many years of trust that was built between the police
department and property owners. She suggested there may be an opportunity to create
a program similar to block captains, where leaders can sign up and receive weekly crime
data. She added she does not see information sharing with property owners as policing,
and this sharing information could be an opt-in for property owners and could be fit into
the ordinance.
Ms. Schnitker stated this information sharing has always been available and never part
of the ordinance. She added it was a process to inform owners of police activity at their
property.
Chief Harcey stated property owners have a right to know information about their
facilities. He asked the council if the police have support from council on pro-actively
providing this information to owners and landlords. He stated he is not sure how they
will find out this information if the data is not provided to them when there are calls at
their properties.
Councilmember Brausen stated he will support the ordinance as proposed and with all
due respect to Councilmember Mavity, he is concerned about demonizing the police if
they are extricated totally from this process, which was set up in 2008 to deal with
problem landlords and owners. He stated the provisional license gives the city a
mechanism to deal with problems if they exist, adding how will the city know about
issues if they are not able to get the data. He added there is no similar tool for retail
establishments and if there is ongoing criminal activity in a housing facility, there needs
to be a way for the city to deal with it. He added this also addresses a basic need of
housing, which is a basic right and gives help to the residents who live there.
Councilmember Mohamed agreed with Councilmember Brausen, and noted she also
understands Councilmember Mavity’s concerns. She stated they are all valid points;
however, she has concerns about what happens when the police are taken completely
out of the equation, and when people of color need support for problematic places. She
added the old ordinance is the problem, especially as it relates to the number of calls to
police. Councilmember Mohamed stated it is necessary to protect residents and renters
and allow them to be safe and happy in their communities.
Councilmember Rog stated she agrees with Councilmember’s Mohamed and Brausen
and appreciates Councilmember Mavity’s comments as well. She stated she is
comfortable moving slower on this and is concerned tenants have not been asked about
completely extricating police in terms of safety of where they live. She stated the police
can be helpful and the police still matter in St. Louis Park.
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Councilmember Rog stated she has been an advocate for reimaging public safety adding
the council has not yet consulted with those most involved and those dependent on the
police. Therefore, she stated, she will support the current iteration presented by staff,
adding she would like to know more about training for prop erty owners going forward,
to reframe.
Councilmember Kraft stated he appreciated these issues being raised by Councilmember
Mavity and asked if in removing the sections Councilmember Mavity noted, the police
contact would not be an issue.
Councilmember Mavity stated her comments only really refer to section 8-331 B, and
not C. She added she is trying to ensure the police are focused on policing and on
criminal activity; however, she is concerned about innuendos, threats, and racial biases.
She asked again why police need to be involved in the city’s housing, unless there is
criminal activity.
Councilmember Kraft asked if this were not in the ordinance, what would be used to
determine if a provisional license was issued and if it might be building main tenance
issues or upkeep. Ms. Schnitker stated yes, that’s all that would be left.
Mr. Knutson pointed out in section 8-331, and the existence of ongoing public safety
concerns issue, if section B were removed involving “police contacts” and inserting
“incidents” instead, this might help address the concerns Councilmember Mavity points
to.
Councilmember Mavity stated to be clear, her main concern is for teenage boys being
boisterous and loud. She stated if the boys are African American and people are
threatened by that and call the police often, the landlord may tell the family to leave the
premises so as not to get a provisional license. She stated the issue is that she wants all
residents to feel safe and secure in their own housing.
Councilmember Kraft asked if requiring background checks by the police for liquor
licenses feels different to Councilmember Mavity, as far as police activity.
Mr. Harmening stated background checks for liquor licenses are effective and while it is
rare to find something that results in the license not being renewed, it has happened .
Councilmember Mohamed asked about boisterous teen boys and if police are called,
what would be done, under the crime free ordinance. Chief Harcey stated if called for
loud music or disorderly conduct, officers respond and determine if a violation of any
city ordinance or any criminal act happened, then apply discretion to what occurred,
and give a citation. He added with the ordinance proposed tonight, this limits police
providing information to landlords, but if we see a continued issue over and over again,
then it is the city’s responsibility to provide quality of life to the community and police
then have a conversation with the landlord to solve the problem.
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Mr. Harmening noted in his 17 years as city manager, there has only been one
provisional license given and that involved serious criminal activity, including gun fire,
and drugs. He stated the license has been used very rarely but can be useful.
Mayor Spano stated he is not interested in supporting Councilmember Mavity’s
suggested changes, adding we use police interactions in all sorts of areas of the
community to drive how we respond as a community. He added he has had lots of
people of color come to him about this ordinance who did not want it repealed . He
stated in this new ordinance, the police will not drive this process, but will respond to
criminal activity and information that is publicly available.
Mayor Spano stated the ordinance has been radically altered from the police to a
housing-related ordinance and he is comfortable with this, adding it is not logical to put
up a wall between the police and property owners.
Councilmember Harris stated there might be consideration for larger buildings, where
there are greater incidents for police calls for service, to require having a property
manager live on site, to help dissipate issues rather than calling police.
Councilmember Harris proposed a friendly amendment to change police to public
safety. Councilmember Brausen stated he will not support the friendly amendment.
Councilmember Kraft stated he will support the motion on the floor now and would also
support an amendment to remove section 8-331 B because with it removed, there is still
the capability to contact police. He added removing section B would improve the
ordinance somewhat.
Councilmember Rog stated she supports the motion as presented and feels this has
become about principle vs. practice. She is curious about what problem the council is
trying to solve.
It was moved by Councilmember Mavity, seconded by Councilmember Kraft, to amend
the ordinance to remove the language from section 8-331 B.
The motion failed 2-5 (Mayor Spano and Councilmembers Mohamed, Rog, Harris,
Brausen opposed).
Mayor Spano thanked the work group and staff for their work on this ordinance.
Councilmember Mavity stated she will want to talk more with staff on implementation
of the ordinance and having a larger conversation about police to address how the city
uses the police effectively. She added she will support this as she wants this to appeal
broadly, even though she does not agree with it.
Councilmember Harris stated she wants to be sure the police have clarity on direction
here. Chief Harcey stated yes, the police have clear direction and can continue to work
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with property owners. He added he will send a letter to property owners related to the
ordinance and will confer with Mr. Harmening on this.
It was moved by Councilmember Brausen, seconded by Councilmember Harris, to:
1. Approve first reading of a revised ordinance that repeals sections 8-331 and 8-332 of
city code requiring a crime-free, drug-free lease addendum, notices of violations and
termination of tenancy for violation of the ordinance in their entirety, and to
2. Revise Provisional License Ordinance 8-333 to:
- Allow the city to change a rental license to provisional status upon determination
of ongoing public safety concerns, without regard to the number of reported
incidents; and to
- Allow landlords and involved tenants to appeal this decision before the
provisional license takes effect.
The motion passed 7-0.
9. Communications
Councilmember Brausen stated he appreciated the report from the ESC in light of
COVID- 19 and encouraged the city to engage with the Home Energy competition. He
stated he was shocked to see that only St. Louis Park and Hopkins are doing this, and
was surprised Edina, Minnetonka, and Golden Valley were not involved in the
competition. He stated St. Louis Park is leading the competition currently and he
challenged neighboring cities to address climate change and tighten up energy saving
for homes in the western suburbs.
Councilmember Harris stated the Just Deeds initiative is an opportunity for residents
that have racial covenants, to have them removed from their deeds, pro bono. She
stated there is more information coming adding this is long overdue, thanking M x.
Sojourner, City Attorney Mattick, and Mr. Harmening for their work on this.
Councilmember Mohamed thanked the city for donating over 500 masks to local
mosques over the weekend. She referenced an article she read about policing models
having a multicultural advisory board, and how that could be a new model community-
oriented group.
Councilmember Kraft stated he saw the article also and it was great. He added to what
Councilmember Brausen said about the energy competition, stating this is a perfect
opportunity for homeowners and renters to do something related to climate change. He
noted they give recommendations on appliance changes over time and how to reduce
all environmental footprints to help achieve goals over time.
Mayor Spano stated the city dispersed 50,000 masks and thanked staff and the public
for getting behind this city effort. Mr. Harmening added that number is now over 70,000
as the state gave those to be distributed, and the city then ordered more for
distribution.
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10. Adjournment
The meeting adjourned at 8:20 p.m.
______________________________________ ______________________________________
Melissa Kennedy, city clerk Jake Spano, mayor
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