HomeMy WebLinkAbout2020/11/02 - ADMIN - Minutes - City Council - Regular Official minutes
City council meeting
St. Louis Park, Minnesota
Nov. 2, 2020
1. Call to order
Mayor Pro Tem Harris called the meeting to order at 6:30 p.m.
1a. Pledge of allegiance
1b. Roll call
1c. Appointment of ward two councilmember . Resolution No. 20-157
It was moved by Councilmember Brausen, seconded by Councilmember Rog, to adopt Resolution
No. 20-157 appointing Lynette Dumalag to the office of Councilmember for Ward Two effective
Nov. 2, 2020 until Jan. 3, 2022.
The motion passed 5-0 (Mayor Spano absent).
1d. Oath of office
The oath of office was administered to Lynette Dumalag for the position of ward two
councilmember.
Councilmembers present: Tim Brausen, Lynette Dumalag, Rachel Harris, Larry Kraft, Nadia
Mohamed, and Margaret Rog.
Councilmembers absent: Mayor Spano
Staff present: City Manager (Mr. Harmening), City Attorney (Mr. Mattick), Deputy City
Manager/Human Resources Director (Ms. Deno), Director of Community Development (Ms.
Barton), Engineering Director (Ms. Heiser), Operations & Recreation Director (Ms. Walsh),
Housing Supervisor/Deputy Community Development Director (Ms. Schnitker), Assistant
Housing Supervisor (Ms. Olson), Communications and Marketing Manager (Ms. Smith), Senior
Planner (Ms. Monson), Planning and Zoning Supervisor (Mr. Walther), Public Works Services
Manager (Mr. Okey), Finance Manager (Ms. Sledge), Solid Waste Manager (Ms. Fisher), Senior
Management Analyst (Ms. Solano), and Recording Secretary (Ms. Pappas)
Guests: Laura Chamberlain, consultant; Liz Diaz, Ehlers
2. Presentations
2a. 2020 Small Business Saturday proclamation
Mr. Harmening read the proclamation which proclaims Nov. 28, 2020 small business
Saturday in St. Louis Park. Mayor Pro Tem Harris, and Councilmembers Brausen and Rog
encouraged all to shop this holiday season and purchase locally.
2b. Comments by Councilmember Dumalag
DocuSign Envelope ID: 9F69A768-7571-4A42-8493-2DA0A331703C
City council meeting -2- Nov 2, 2020
Councilmember Dumalag thanked the mayor, council and staff very much for their kind
and congratulatory words. She also sincerely thanked Anne Mavity for her 11 years on
council, which will have a lasting impact on transit, affordable housing, and Connect the
Park initiatives. She also thanked her fellow applicants for their service and
encouragement. She stated to Ward 2 residents, she will work to get to know each of
her constituents so she and they can work on issues together . She also thanked her
husband and son, and stated she is happy to serve and help make great decisions for the
city.
3. Approval of minutes - none
4. Approval of agenda and items on consent calendar
4a. Accept for filing city disbursement claims for the period of Sept. 26 through Oct.
23, 2020.
4b. Approve second reading and adopt Ordinance No. 2597-20 establishing fees for
2021 as outlined in Appendix A of the City Code of Ordinances.
4c. Adopt Resolution No. 20-158 to assess delinquent water, sewer, storm water,
refuse, abatement of tree removals, false alarms, mowing, and citation charges
against the benefiting property.
4d. Designate Redstone Construction, LLC the lowest responsible bidder and
authorize a contract with the firm in the amount of $9,062,257.11 for the
Louisiana Avenue Bridge – project 4018-1700. (This item was removed from the
consent calendar and placed on the regular agenda as item 8c.)
• Approve the construction administration services amendment contract with
Kimley-Horn and Associates, Inc. in the amount of $224,616. (This item was
removed from the consent calendar and placed on the regular agenda as item
8c.)
4e. Adopt Resolution No. 20-159 approving acceptance of grant funding from the
Hennepin County “2020 Federal Election Cycle” grant program in the amount of
$31,358 to help with funding to prevent, prepare for, and respond to
coronavirus, domestically for the 2020 Federal election cycle.
4f. Adopt Resolution No. 20-160 removing permit parking restrictions on 3700 block
of Oregon Avenue.
4g. Adopt Resolution extending timed parking restrictions on Xylon Avenue south of
Minnetonka Blvd. (This item was removed from the consent calendar and placed
on the regular agenda as item 8d.)
4h. Adopt Resolution No. 20-161 authorizing installation of permit parking restrictions
in front of 2841 Jersey Ave.
4i. Approve for filing BOZA minutes of Sept. 4, 2019.
4j. Approve for filing BOZA minutes of Oct. 7, 2020.
4k. Approve for filing planning commission minutes of Sept. 16, 2020.
DocuSign Envelope ID: 9F69A768-7571-4A42-8493-2DA0A331703C
City council meeting -3- Nov 2, 2020
Councilmember Kraft requested that consent calendar item 4d be removed and placed
on the regular agenda as item 8c. Councilmember Rog requested that consent calendar
item 4g be removed and placed on the regular agenda as item 8d.
It was moved by Councilmember Brausen, seconded by Councilmember Kraft, to approve
the agenda and items listed on the consent calendar as amended to move consent
calendar item 4d and 4g to the regular agenda as item 8c and 8d; and to waive reading
of all resolutions and ordinances.
The motion passed 5-0-1. (Councilmember Dumalag abstain, Mayor Spano absent).
5. Boards and commissions - none
6. Public hearings
6a. Consolidated Public Hearing
I. 2021 budget and property owner service charges for Special Service
District No. 1
II. 2021 budget and property owner service charges for Special Service
District No. 2
III. 2021 budget and property owner service charges for Special Service
District No. 3
IV. 2021 budget and property owner service charges for Special Service
District No. 4
V. 2021 budget and property owner service charges for Special Service
District No. 5
VI. 2021 budget and property owner service charges for Special Service
District No. 6
Mr. Okey presented the staff report.
Councilmember Kraft asked for a description of the budget and service charge, and how
they are related. Mr. Okey stated the fund balance is 75% of the budget and depending
on the year and plans for repairs, that will determine the funds kept in reserve.
Councilmember Kraft asked if there are then separate funds for each district. Mr. Okey
stated yes.
Councilmember Rog asked if it is typical that there are no increases proposed for all 6
districts. Mr. Okey stated with COVID, staff is working to keep the budget as tight as can
be, so there are no increases in 2021 and it is his responsibility to see the budget is
adhered to, and costs don’t rise.
Councilmember Rog asked if staff approaches business owners in the districts to
establish a special district, or how does the relationship get initiated. Mr. Harmening
stated the city has had special service districts since 1997-98, and typically the
DocuSign Envelope ID: 9F69A768-7571-4A42-8493-2DA0A331703C
City council meeting -4- Nov 2, 2020
commercial property owners are approached at the same time infrastructure
improvements are being planned. These funds are available for maintenance and
upkeep, so as not to rely on the city budget . He stated this has worked well for St. Louis
Park and the city is one of few that use this state statute tool.
Mr. Harmening stated for the Historic Walker Lake District, staff did speak to the
business community there, but there was not a strong interest from business owners to
create a special service district. He added, however, enhancements can be added later.
Councilmember Rog stated she recalled Walker Lake business owners did not get on
board initially with special service districts, but she hopes they will in the future.
Councilmember Dumalag asked if the city’s capital plan pitches funds in at the end of
the operating year, if the businesses get any money back, or if the city gets more money
from the businesses. Mr. Okey stated staff works to keep the fund balanced as much as
possible, adding they never return money or ask for more at the end of the year. He
stressed it is his job to forecast correctly the amount going into the funds and service
charges can only be raised so much per year by law.
Councilmember Brausen asked if special service districts must have a super majority of
businesses in order to be created. Mr. Hanson stated he would have to check on that
and get back to council.
Councilmember Brausen stated special service districts are really a function of individual
landowners that want above and beyond services than the city typically provides.
Mr. Harmening added the bar is very low in terms of business owners being able to veto
the creation of a special service district. He noted it only takes about 35% to veto it
versus the city requiring the districts be created.
Councilmember Mohamed asked what happens if residents don’t approve. Mr. Okey
stated special service districts are only for commercial business areas, not residential.
He added they are not a huge financial burden to those businesses.
Mayor Pro Tem Harris opened the public hearing. No speakers were present. Mayor Pro
Tem Harris closed the public hearing.
There is no formal action required at this meeting. Formal action on the budget and
service charges will take place at the city council’s Nov. 16, 2020 meeting.
6b. Public hearing and adoption of 2021 utility rates and solid waste fees.
Resolution No. 20-162
Ms. Sledge presented and Ms. Fisher was available to answer questions regarding solid
waste. Ms. Sledge noted the utility rates for water 4.75%; sewer 4%; storm water 5%;
and solid waste 5.25%; stating the increases will take place Jan 1, 2021. She noted the
DocuSign Envelope ID: 9F69A768-7571-4A42-8493-2DA0A331703C
City council meeting -5- Nov 2, 2020
city’s utility rates do encourage water conservation, adding that money can be saved by
users based on how water is used.
Mayor Pro Tem Harris opened the public hearing. No speakers were present. Mayor Pro
Tem Harris closed the public hearing.
Councilmember Rog asked Ms. Fisher if staff noticed any changes in resident behavior
related to solid waste in 2020. Ms. Fisher explained there has been an increase in the
amount of trash generated at homes, along with recycling also, and they continue to see
an increase in participation in the organics program as well, with residents still signing
up for this. She added there is also a trend in people choosing smaller cart sizes, thereby
reducing their solid waste rates.
Councilmember Rog asked if residents are not ordering bigger bins. Ms. Fisher stated
staff is seeing some increases in cart size, but overall, are still seeing steady numbers of
homes signed up for every other week garbage collection and also seeing some
households going down from 90 to 60-gallon carts.
Councilmember Kraft asked what has been going on in recycling markets over the past
few years, where recycling goes, and costs. Ms. Fisher stated there are media reports
recently about plastics recycling and people are questioning if things are really getting
recycled. She stated in Minnesota, there has been a lot of work to ensure we have
strong markets, and there is a state law requiring items collected as recycling must be
sent to recycling centers and not landfills or incinerators. She added the city contract
hauler also provides quarterly reports to staff that list where the material goes and what
type of products they are made into, and the city continues to educate the public on
recycling.
Councilmember Kraft stated it is good to recycle the plastic but added there are benefits
to reducing plastic usage versus recycling it. Ms. Fisher stated yes, and staff encourages
this.
Mayor Pro Tem Harris asked about customizable options for city residents. Ms. Sledge
stated there are different tiers for water use, and the city encourages water
conservation and limiting water usage, which makes a difference in the amount charged
for water usage. She added costs also vary for solid waste and smaller carts are available
if residents choose to do the organic recycling program. Ms. Sledge stated residents can
call the utility billing department at city hall for more information at 952-924-2111.
Councilmember Brausen explained these are pay for use fees and do incorporate
infrastructure costs so this will impact personal budgets more than any type of levy
increase.
It was moved by Councilmember Brausen, seconded by Councilmember Rog, to adopt
Resolution No. 20-162 setting utility rates and solid waste fees for 2021.
The motion passed 5-0-1. (Councilmember Dumalag abstained, Mayor Spano absent).
DocuSign Envelope ID: 9F69A768-7571-4A42-8493-2DA0A331703C
City council meeting -6- Nov 2, 2020
7. Requests, petitions, and communications from the public – none
8. Resolutions, ordinances, motions and discussion items
8a. Comprehensive plan and zoning amendments to allow for a new zoning district
for Historic Walker Lake. Resolution No. 20-163.
Ms. Chamberlain presented the staff report.
Councilmember Rog thanked staff and the consultant for their excellent work on
creating a template for this in St. Louis Park, adding she is super excited and happy
about this.
It was moved by Councilmember Rog, seconded by Councilmember Brausen, to adopt
Resolution No. 20-163, approving the text amendments to the 2040 comprehensive plan
future land use definition for mixed-use and the Historic Walker Lake place-type
description and approving the amendment to the future land use map to re -guide portions
of Historic Walker Lake to mixed use.
The motion passed 6-0 (Mayor Spano absent).
It was moved by Councilmember Brausen, seconded by Councilmember Rog, to approve
first reading of ordinance amending the zoning ordinance text to create a new mixed-use
division with two mixed-use zoning districts: MX-1 and MX-2, including all associated
zoning code amendments and adopt the design guidelines as a supporting document to
the MX-2 district, and set the Second Reading of an Ordinance for November 16, 2020.
The motion passed 6-0 (Mayor Spano absent).
It was moved by Councilmember Rog, seconded by Councilmember Brausen, to approve
first reading of ordinance amending the zoning map to rename the MX district to MX-1
and rezone all of Historic Walker Lake to MX-2, and set the second reading of an
ordinance for Nov. 16, 2020.
The motion passed 6-0 (Mayor Spano absent).
8b. Notice of eviction
Ms. Schnitker presented the staff report.
Councilmember Brausen stated the council has studied this for several years and it’s no
surprise the Minnesota multi-family organization, a trade organization for landlords,
opposes this. He added this is a good compromise and the vast majority of landlords do
give a notice, but this just formalizes this requirement and still allows them to do
necessary evictions for non-payment of rent within the one-month period they need in
order to be efficient and collect revenues on their properties. He stated this still merits
the council’s passing it.
DocuSign Envelope ID: 9F69A768-7571-4A42-8493-2DA0A331703C
City council meeting -7- Nov 2, 2020
It was moved by Councilmember Brausen, seconded by Councilmember Rog, to approve
first reading of the ordinance to amend the city code by adding section 8-337 requiring
rental property owners to provide seven days written notice to tenants prior to initiating
an eviction action for non-payment of rent or other financial obligations.
Councilmember Mohamed agreed with Councilmember Brausen, stating she is very
much in support of the proposal as is, adding she does not see a need to wait until April
to enact it.
Councilmember Kraft asked if staff for sees any issues with notifying landlords in St.
Louis Park by Jan. 1. Ms. Schnitker stated staff will use social media for notification and
there is also time to get the word out to owners if a change to current practices or
processes is needed.
Ms. Schnitker added she has heard many owners already work with their tenants and
already do provide notice to residents, but noted they need to determine how to
implement this with a 7-day notice. She stated each owner must determine about how
they will do this within their regular process of working with tenants .
Councilmember Kraft stated he will support this, adding if there was more input, this
could be modified at the second reading, if needed. He added when a tenant is given
notice of eviction, it can make it difficult for them to get housing in the future . He stated
there were 163 filings and 73 evictions in 2019 in St. Louis Park, so evictions do happen,
and the protective overlay makes sense here.
Councilmember Rog stated she would support giving more time to implement this and
would support delaying implementation until April 2021.
Mayor Pro Tem Harris stated the ordinance is a job well done, moving from 14 days to 7
days for notices. She added she is also concerned about a Jan. 1 implementation and
thinks that is too soon. She stated 60-days’ notice is appropriate and collaboration with
businesses and property owners is key for the city to make this a highly functioning
ordinance, adding many property owners already want to work with tenants. She added
she is in favor of delaying this to a Feb. 1 implementation date.
Barb Patterson, 4300 block of Wooddale Avenue in Ward 2, stated she is on the city’s
housing team and is speaking against the 7-day eviction notice. She asked the council to
reconsider the 14-day notice, adding that 7 days is not enough time to access
emergency funds through the county or STEP. She noted eviction was a very large
problem even before the pandemic and the median asking rent has doubled in the past
decade. She added 70% of evicted households are led by women and 87% have child ren,
while Minnesota requires no eviction notice and only two other states have quicker
eviction processes than Minnesota – Alabama and Arkansas.
Ms. Patterson continued as Councilmember Kraft alluded to, this is on a family’s record
permanently and 95% of landlords will not accept a tenant with eviction on their record
DocuSign Envelope ID: 9F69A768-7571-4A42-8493-2DA0A331703C
City council meeting -8- Nov 2, 2020
for 3 years. She added eviction disproportionately effects people of color, and the 7-day
notice is not enough to be fair to renters.
Eric Hauge, Executive Director of Home Line, thanked the council for taking steps to
support renters. He appreciates the council for considering the policy but encouraged
them to go back to the 14-day versus 7-day eviction, stating that 7 days is an inadequate
amount of time to access emergency funds, and it can take up to 2 months for the state
to approve tenants for emergency assistance.
Mr. Hauge added part b in the ordinance also allows landlords to email tenants the
eviction notice, while this is a convenience for the landlords, it may not be useful t o low-
income tenants. He stated the notice should be mailed and allow for email as well.
Councilmember Brausen stated he is willing to modify the motion to include the US Mail
along with email but is not willing to change the effective date from 7 to 14 days. He
stated the council has reviewed this for two years now, and it will be before the
legislature again next year and can be changed. He added the state provides resources
also. He stated this ordinance gives notice that the landlord has the right to bring
eviction and this is how much rent is due, and staff recommends we adopt this. He
added landlords will have enough time to be notified and adapt, adding it should not
come as a shock to landlords that the council is adopting this.
Councilmember Rog asked how the email notification process would work. After some
discussion it was agreed that email could be used as a form of notification, if previously
agreed to by mutual consent of the landlord and the tenant.
Councilmember Brausen withdrew the original motion.
It was moved by Councilmember Brausen, seconded by Councilmember Mohamed, to
approve first reading of the ordinance to amend the city code by adding section 8-337
requiring rental property owners to provide seven days written notice to tenants prior to
initiating an eviction action for non-payment of rent or other financial obligations, and
allowing email notification if there is mutual consent by landlord and tenant, with the
second reading set for Nov. 16, 2020.
The motion passed 5-0-1 (Councilmember Dumalag abstained, Mayor Spano absent).
8c. Designate Redstone Construction, LLC the lowest responsible bidder and
authorize a contract, and approve construction administration services
amendment with Kimley-Horn and Associates.
Councilmember Kraft pointed out this came before council earlier in the year and
council asked for it to go back for rebid. He noted the new bid is now just over $9 million
and the bridge must be replaced. Councilmember Kraft added this move saved the city
$4 million and the municipal state aid program pays the majority of this . He thanked
staff for the savings.
DocuSign Envelope ID: 9F69A768-7571-4A42-8493-2DA0A331703C
City council meeting -9- Nov 2, 2020
Mayor Pro Tem Harris added this will ensure those who live in NOAH properties nearby
have access to the natural resources in the area also.
It was moved by Councilmember Kraft, seconded by Councilmember Rog, to designate
Redstone Construction, LLC as the lowest responsible bidder and authorize a contract
with the firm in the amount of $9,062,257.11 for the Louisiana Ave nue Bridge – project
4018-1700 and; to approve the construction administration services amendment
contract with Kimley-Horn and Associates, Inc. in the amount of $244,616.
The motion passed 5-0-1 (Councilmember Dumalag abstained, Mayor Spano absent).
8d. Approve extending timed parking restrictions on Xylon Avenue south of
Minnetonka Boulevard
Mayor Pro Tem Harris stated she received a resident comment from someone who lives
in the apartments there. She noted additional conversation would be helpful here
regarding the parking guideline, and she asked to table this item and bring it forward at
the Nov. 16 meeting for discussion.
Councilmember Rog agreed adding there are discrepancies in the report related to bus
loading and unloading and she would like to understand this better.
Mr. Harmening stated staff will include this item on the Nov . 16 agenda.
It was moved by Councilmember Rog, seconded by Councilmember Brausen, to table
consideration of extending timed parking restrictions on Xylon Avenue south of
Minnetonka Boulevard to the Nov. 16, 2020 council meeting.
The motion passed 5-0-1 (Councilmember Dumalag abstained, Mayor Spano absent).
9. Communications
Councilmember Kraft reminded citizens to vote in the election tomorrow and to drop off their
absentee ballot at city hall now, as it is too late to mail them – or to go to their polling place and
vote in person. He also noted the weekly staff report on COVID that Mr. Harmening prepares
and stated deaths are rising over the past 6 weeks, and he asked residents to wear masks,
social distance, do their part to stop this spread, and make the community as healthy as
possible.
Councilmember Harris reminded residents how important hand washing is as well.
Councilmember Rog asked Mr. Harmening if there is anything to know about Election Day. Mr.
Harmening stated the city is prepared and has taken measure to be sure staffing is available
and that residents can attend their polling places within the requirement s of the law. He stated
as of today, 70% of St. Louis Park residents have already voted.
DocuSign Envelope ID: 9F69A768-7571-4A42-8493-2DA0A331703C
City council meeting -10- Nov 2, 2020
Councilmember Rog asked if there will be public safety officers around polling places. Mr.
Harmening stated that is not allowed by law, so as not to intimidate people from voting. He
added officers are only at a polling place if they are called for service. Mr. Harmening added all
election workers are very aware of what needs to occur in the event there is an issue, and
elections staff is extremely prepared and continues to monitor all activities closely.
Councilmember Kraft stated he is proud of St. Louis Park for their early voter turnout, which he
noted is higher than what the city of Duluth has had to date.
10. Adjournment
The meeting adjourned at 8:40 p.m.
______________________________________ ______________________________________
Melissa Kennedy, city clerk Rachel Harris, mayor pro tem
DocuSign Envelope ID: 9F69A768-7571-4A42-8493-2DA0A331703C