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HomeMy WebLinkAbout2022/01/10 - ADMIN - Minutes - City Council - Study Session Official minutes City council study session St. Louis Park, Minnesota Jan. 10, 2022 The meeting convened at 6:00 p.m. Councilmembers present: Mayor Spano (arrived at 6:15 p.m.) Tim Brausen, Lynette Dumalag, Larry Kraft, Nadia Mohamed, and Margaret Rog Councilmembers absent: Sue Budd Staff present: City Manager (Ms. Keller), Deputy City Manager/Parks and Recreation Director (Ms. Walsh), Communications Manager (Ms. Smith), Fire Chief Koering, CIO (Mr. Pires) Police Chief Harcey, Engineering Director (Ms. Heiser), and Elections Specialist (Mr. Sund) Guests: State Representatives Cheryl Youakim, Ryan Winkler, Hennepin County Commissioner Marion Green (by phone) 1. 2022 legislative priorities Mr. Sund reviewed the legislative priorities document and noted the purpose of the discussion was for representatives to learn about the city’s priorities for the upcoming legislative session. Mayor Pro Tem Brausen reviewed the city’s higher-level priorities for 2022 legislative session including: advancing the state energy code because it is crucial to being able to address climate change at the local level, small business assistance during COVID - especially related to BIPOC and women-owned businesses - and collecting race data on applications for state IDs and driver’s licenses. Mayor Spano arrived and asked the council to review any priorities that were of particular importance to them, but that may be outside of the city’s top priorities. Councilmember Brausen stated although the city has not formally taken a position, he supports the legalization of recreational marijuana. He noted if legislation moved forward, he would like to see any additional tax revenue generated devoted to local resources for our police and fire departments to respond to mental health concerns. Councilmember Rog agreed with Councilmember Brausen, noting the issue had not yet been discussed by the council. She stated her priority is passage of a MN health plan, to address racial inequities in healthcare as well as other challenges in the state, and eventually move this to the national level. Councilmember Kraft agreed with Councilmember Rog, noting he would look forward to discussing further as a council. He stated the advanced state energy code is a high priority and legislation was considered last year, but ultimately did not pass. He asked the legislators to consider working with Senator Latz to try to move legislation through the senate. He stated buildings are approximately 60% of all emissions in St. Louis Park and this legislation is necessary to reach net zero within the next 10-20 years. He noted he has heard of instances where other cities banned the use of natural gas in new buildings, and it frees up time and DocuSign Envelope ID: D4C8041B-BB90-4A0D-B501-71C321A37E62 Study session minutes -2- Jan. 10, 2022 money to focus on retrofitting existing buildings. He stated if the city can ensure that new buildings are on the right path, there would be potential to turn attention to retrofitting existing buildings to achieve energy efficiencies. He noted in those areas it would be great to focus on NOAH properties because there is a nice overlap in that they tend to be older buildings with lower energy efficiency. By addressing them you can improve things for the environment and climate change, as well as making them more affordable. Councilmember Kraft discussed the projected budget surplus. He encouraged legislators to focus on current crises and situations, rather than trying to address things from 5-10 years ago. This would allow for greater potential to address things like climate change, affordable housing, and racial equity. Councilmember Mohamed stated the housing issue in the city is difficult, noting many families are not able to afford purchasing a home. She explained the city’s program for first generation home buyers is helpful, but more support and effort towards creating pathways to homeownership is needed. She noted the NOAH properties in St. Louis Park are generally only renovated every few years, based on the budget for improvements. She advocated for additional funding for preservation of NOAH properties. She stated gun violence is a major concern and would like to see more emphasis and regulation on this issue to make sure the wrong people do not get their hands on guns. Councilmember Dumalag stated urban forest management is an issue and the loss of trees that comes with development within the city. She pointed out loss of tree canopy from emerald ash borer would mean the city may need some funding for planting trees. Councilmember Rog stated that matching state funds for the local housing trust fund is a priority. She explained the city created an affordable housing trust fund that currently has several million dollars, with a dedicated funded sources that adds $1-2 million each year. She noted if the state matched this funding, th e city’s efforts and success could be significantly magnified. Mayor Spano noted he attended a meeting today related to addressing recent crime and car jackings. He asked if there are any specific discussions planned regarding public safety and the surplus. He referenced the city’s Pathways to Policing program, noting it has been very successful in terms of revamping how the city recruits and hires police officers. Rep. Winkler thanked the city for providing information on their priorities, noting the priorities are in alignment with those of House democrats for the upcoming session . He stated climate and racial disparities are both at the heart of the caucus agenda. He explained the challenge is that the Senate Republican caucus is on a different page, and it is difficult to predict what will be able to be accomplished during the upcoming session. D ivided government is difficult, and it can be challenging to move legislation forward. He reiterated they will be pursuing several of the city’s priority items and will do their best. He noted the surplus is a lot of money and this creates some additional political pressure on both sides to try to reach agreement on how to spend the money, addressing issues such as the unemployment trust fund and the essential worker fund, but it will be challenging in an election and redistricting year. DocuSign Envelope ID: D4C8041B-BB90-4A0D-B501-71C321A37E62 Study session minutes -3- Jan. 10, 2022 Rep. Youakim agreed there are many unknowns this year. She stated she tends to be a bit more cautious regarding the surplus because a significant portion is a carry forward from what was unspent during the last cycle because of the one-time disbursement of federal aid. Therefore, some programs will return to the state’s expenditure rolls going forward. She recognized there would still be a lot of money to spend and encouraged bill proposals for one -time expenditures. She noted replacing tree canopy is a great example as well as creativity around affordable housing are the type of items that work well. She would like to learn more about the Pathways to Policing program in the city, as well as the redesign of CSAH 25. Mayor Spano stated there was cooperation on the city’s energy bills, adding they were appreciative of that. Rep. Winkler noted there have been changes in hiring practices for police because the traditional recruitment strategies have declined in recent years. He stated the state is looking to provide funding training and education that would be tied to evaluation and criteria on the front end so there is a focus on hiring for character and training for competence. He noted as they consider the next generation of people who will become police officers, the things people are looking for are professional, diverse, high degree of social/emotional skill set, servant leaders and really a mindset of serving the community. Those are things that can be established as criteria for bringing people into pathways programming and a tool to address some of the existing public safety issues. He added he would like to discuss further what is working with the Pathways to Policing Program in St. Louis Park as well. Councilmember Kraft noted the upcoming climate emergency declaration, in partnership with 15 other cities, and stated there will be media coverage of this effort and he stated he hoped the representatives can attend and support this event. Commissioner Green from Hennepin County discussed the county’s platform and added the SWLRT is currently over budget, over time, and the Met Council is working now to re-baseline that project. They will work with the legislature on this as well, adding she wanted to let St. Louis Park know since it is such an important issue for the city. Commissioner Green added public safety concerns are very important for all and are being worked on in discussions and conversations with cities within Hennepin County. Councilmember Rog stated she is excited about the Minnetonka Boulevard reconstruction and staff has done a great job on CSAH 25 and the proposals related. Councilmember Brausen added he appreciates the work being done by Hennepin County and Commissioner Green on behalf of the city, noting this is a great relationship to have. Commissioner Green agreed and thanked the council for keeping the communication open between the county and city. Rep. Winkler agreed and thanked the council for their innovative, far-reaching leadership and work, stating he appreciates representing the city at the legislature. Councilmember Mohamed recognized staff for their work representing the city. DocuSign Envelope ID: D4C8041B-BB90-4A0D-B501-71C321A37E62 Study session minutes -4- Jan. 10, 2022 2. COVID-19 update Ms. Walsh and Fire Chief Koering presented a recap of past and current policies related to COVID. Mr. Walsh noted policy options for council’s consideration:  Continue city’s practice of supporting masking without passing a resolution or emergency ordinance  Pass a resolution strongly encouraging community masking – draft available for consideration  Pass an emergency regulation mandating community masking – draft available for consideration based on what was passed in 2020 Fire Chief Koering presented current data trends and infection rates. Councilmember Rog noted death is one measure, but long-term effects are another measure that affects people’s lives and healthcare costs for the long-term. Fire Chief Koering stated St. Louis Park’s vaccination rates mirrored the states with 63.7% having completed both doses. Councilmember Kraft asked about hospital numbers and how it is affecting bed capacity. Fire Chief Koering stated 80% of hospitals now have zero beds in ICU, and in non-ICU it is 62% with zero beds, adding these figures are getting better in recent weeks. He explained this is more of a healthcare personnel shortage and fatigue issue, with a shortage of hea lth professionals to care for patients. He added increased vaccinations and the characteristics of Omicron have helped a bit with this issue. Hospital diversions also have now been eliminated, so it is easier to control the flow of patients within systems. Councilmember Dumalag asked about wait times in hospitals, for surgery or other trauma. She stated her concern is the pressure on hospitals and first responders as well. Chief Koering stated he does not have numbers on this, but he has heard of situations where people are waiting in ER for 6 hours before getting into rooms. He noted Methodist Hospital was running at 82% recently, but generally people are waiting longer and postponing elective surgeries. Councilmember Rog asked if St. Louis Park can set up a testing site. Chief Koering stated Park Nicollet has provided testing facilities within the community. The state has sites in various areas as well, around the region. He added logistically it is a challenging process for the city to undertake. Councilmember Rog stated the city could make it more clear to residents how and where to get tested and provide more clarity around safe options. Councilmember Mohamed asked about vaccination status for city staff. Ms. Keller stated at this time 85.2% of staff are vaccinated. Chief Koering noted there was a vaccine clinic for city staff and families and friends and another one is scheduled this week at city hall. DocuSign Envelope ID: D4C8041B-BB90-4A0D-B501-71C321A37E62 Study session minutes -5- Jan. 10, 2022 Chief Koering stated infection rates and cases of omicron should begin to decline by the end of January, while hospitalization and death rates will begin to decline end of January or beginning of February. Mayor Spano asked about Chief Koering’s thoughts on vaccination mandates. Chief Koering stated at this point being less reactionary is more helpful, and remaining in the middle has been helpful, adding that mandates do not typically drive compliance. He stated overall most are not up for being forced to wear a mask or get a vaccine and will stop listening. He added within St. Louis Park, this is what he is seeing. Chief Koering also presented masking trends, which has dipped from 70% to 28% of the 95% target since May 2021. He noted medication and new treatment advancements and a better understanding of the virus will help, as well as how to manage healthcare staffing issues. He added in 2022 there is a more positive and resilient attitude towards the pandemic. Councilmember Kraft asked when the statewide mandate ended. Chief Koering stated when the governor’s emergency mandate ended. Councilmember Kraft asked about the decreasing infection rates adding his concern is the drop in rates might be more of the delta surge, and not the omicron surge. So, with infection rates going up, his concern is we may not have seen the surge with omicron yet. Chief Koering stated the peak will be in the next 3 weeks and then it will start to decline. He added omicron has not been as severe and with more people being vaccinated, there will be a dramatic reduction in infection and hospitalizations according to the Minnesota Department of Health. Councilmember Kraft stated he supports getting as many people vaccinated as possible. He added social distancing and masking would help. Chief Koering stated in a perfect world, this might be the case, but no one is wanting to wear or is wearing masks any longer, and this behavior cannot be changed with mandates, as many studies prove. He added it is disappointing, but it is reality. Councilmember Rog stated she respectively disagrees that masking will not make a difference for everybody. She stated she has seen evidence that if a mandate is in effect, people will wear masks. She added it is not universal but it does not do nothing. Ms. Walsh stated she is a huge mask supporter because they work. She added it was very difficult to mandate this during the governor’s emergency order and stated front line city staff took abuse for this, and it was very difficult to enforce. Councilmember Rog stated Ms. Walsh’s comments focus on enforcement. She read from the city code and noted nuisances effecting health, including public exposure of persons having a public disease, endangering the safety of the public. She stated people in public spaces are exposing others, and with the city code, this allows for a mandate for masks within the city, even if it is difficult to enforce. She added the risk to city workers health and lost work time is worse than the risk of harassment. She noted not everyone will wear a mask, but more will, and she added the city is getting clear direction from government leaders about masking and the city should not make this political. She added a mask mandate would also align with the school DocuSign Envelope ID: D4C8041B-BB90-4A0D-B501-71C321A37E62 Study session minutes -6- Jan. 10, 2022 district, and she would like to update the city code to address public health issues and who to look to as a guide, in order to be more consistent. Councilmember Mohamed stated this discussion is similar to the first discussion council had on this, although vaccines were not available at that time. She does agree not to mandate masking, and it seems like its white people deciding to mandate and then leaving others to enforce it. She added when you look at the data, it is mostly BIPOC people that are left to enforce these mandates and it has become such a political issue, and she has experienced the abuse. She added higher up people are making these decisions, but then they never have to enforce it. She stated she supports encouraging people to mask up, but is not comfortable with mandates, especially when the state is not supportive. Mayor Spano noted some masks are not as effective as others. He asked if the city has capacity to distribute masks such as N95 if the city decides to mandate masks. Chief Koering stated there is still inventory of a two-layer medical grade mask within the city, and he would have to research the N95 mask availability. He added most people have masks at this point, adding he could check on this and find out the lead time on getting N95 masks. Chief Koering stated also while it is important to have a mask, it’s most important to have a mask that fits correctly. He noted N95 masks are being used for fire and EMS staff at this point. Councilmember Dumalag asked if there is an expiration date on the drafts. Ms. Keller noted the expiration dates for each draft. Councilmember Dumalag stated she is inclined to have a mask mandate with an expiration date. She added, however, she has concerns for those front-line staff having to enforce this. Mayor Spano added city staff will have to enforce it at city facilities, and then people would need to call police for further enforcement. Councilmember Mohamed asked what support staff is offered to enforce this and added the messaging will be very important, especially as to what a mask looks like – noting in her case, her mask is her headscarf. Ms. Walsh stated as it relates to enforcement, if the city had a mask mandate, and if staff had to enforce this, the person does not have capacity to ask a person to leave. Likewise, she noted at the Rec Center, city staff would not have authority to enforce State High School League or USA League rules. Councilmember Kraft stated he understood Ms. Walsh’s comments and trusted this could be implemented to maximize effectiveness and minimize confrontation. He added the science on this is clear, and in the best of all possible world s, all would be masking. He stated it is a shame this has become politicized, but he hates to have the few doing this impact the health of others. For this reason, he does agree with the mandate, as it increases the amount of people that wear masks, and he also agrees with an expiration date. Councilmember Brausen stated he would support a temporary mask mandate. He added the city needs to lead on this. DocuSign Envelope ID: D4C8041B-BB90-4A0D-B501-71C321A37E62 Study session minutes -7- Jan. 10, 2022 Councilmember Rog added she does not expect front line workers or city staff to enforce this. A resolution encouraging masking does not have as much impact as a mandate does. She stated she would not want city staff, or restaurant, or retail workers to go beyond pointing out the mandate, and then leaving it at that. Ms. Walsh stated she appreciated those comments and thoughts from Councilmember Rog. Chief Koering added council will need to give direction to the police also, and to dispatch, when they get calls from residents about someone not complying. Councilmember Brausen stated hopefully there is only a small portion of the population that will not follow the mandate. Mayor Spano asked Councilmember Rog her reasons for saying a mandate is more enforceable and if it is because it carries the force of law. Councilmember Rog stated yes. Mayor Spano stated if the peak will be happening within 20 days, masking will maybe shave off a few days, assuming people will actually mask. He stated right incentives are motivating people and he understands doing as much as possible to help our healthcare providers, but this seems like too much, adding the council continues to be reactive around this. He stated he would like to see more mandating around vaccines versus masks. He added he is concerned council will be making more problems for staff and others versus the amount of return. Councilmember Mohamed stated this topic is fueled and politicized by white supremacy. She added this needs to be taken into consideration during this conversation. Councilmember Kraft stated he would like to see the behavioral science behind the masking mandates and data on this. Mayor Spano stated originally masking behavior was more so , as it was before vaccines were available. He stated he would pull up data on this and added incentivizing is now the only way to get people to mask up. Ms. Keller stated if council approved the resolution this evening, staff would need to come up with a communication plan, as well as advise dispatch how to handle calls. Councilmember Rog asked if there were many calls to dispatch about masking in the past. Chief Koering stated although he did not know the numbers, there were many businesses calling dispatch about non-masked individuals. He noted that over time this waned. He recommended the council ask Chief Harcey for more details. Councilmember Rog asked if Chief Koering anticipates this happening again if another city mask mandate is enacted. Chief Koering stated he is very pro-mask, but he is telling the council what he is hearing in the field, that masking is not enforceable, except for those who are already masking and are “rule-followers.” He is not sure the mandate will work for those who are not “rule-followers.” DocuSign Envelope ID: D4C8041B-BB90-4A0D-B501-71C321A37E62 Study session minutes -8- Jan. 10, 2022 Councilmember Dumalag stated if people are on the fence about wearing masks, she hopes the mandate will help to encourage them to wear masks. Also, as the virus continues to spread in our community, the more opportunity it has to mutate into another variant, and that is why she is supportive of the mandate. Councilmember Kraft stated signs in restaurants that say “you do not need to wear a mask if you are fully vaccinated” there will be a significant change with a mask mandate and will provide a different message. He added he supports the mask mandate, but is concerned about rushing to do this tonight, especially with getting a communications plan in place, and develop the dispatch program. He would prefer to wait a few days and come back with an emergency meeting to finalize. Ms. Keller stated if council passes a mandate now, it will allow staff to begin work on this immediately. She stated if there was this clarity provided tonight, staff could move forward with the communication plan and instructions for dispatch. Ms. Smith added there are a lot of logistics to get this in place, adding staff would need about 48 hours to pull everything together and get organized for communicating to the community. Councilmember Rog stated she wants council to be responsive to staff on what is needed to pull this together. She asked staff to keep council informed with any responses from the public on the mandate. Ms. Walsh stated when referring to the expiration date of the mandate she would like to be able to tell the public the city is basing the timeframe on the best possible information available currently. She asked if it might be 30 versus 61 days long. Councilmember Brausen agreed with this. Chief Koering added council will need to determine what date the mandate will be over and explain to staff the basis for this. Ms. Keller presented the city charter to council, noting an emergency resolution must be passed by at least 5 councilmembers. She noted it will automatically be repealed on the 61st day, and then may be re-enacted. Councilmember Brausen proposed enacting the 61-day emergency mandate, and then re- enacting again if needed. Councilmember Rog stated 30 days makes more sense, and then re- enacting if needed again. Councilmember Rog stated she understands concerns and asked Councilmember Mohamed if there was instruction to not have front line workers attempt to enforce the mandate, would that help her comfort level of approval of the emergency resolution. Councilmember Mohamed stated this would defeat the purpose of the mandate, and what is the difference between recommending it regardless of vaccination status and if they do not mask, it would be let go. She stated Chief Koering said those who are not masking, will not listen to this. She has concerns about this and communication would be sent after this is passed. She stated she would not approve of this tonight, adding it will not make a difference. DocuSign Envelope ID: D4C8041B-BB90-4A0D-B501-71C321A37E62 Study session minutes -9- Jan. 10, 2022 It was moved by Councilmember Brausen, seconded by Councilmember Mohamed, to adopt Resolution to “encourage” mask wearing, as opposed to the emergency mandate discussed earlier. Councilmember Kraft stated he would like to see an updated communications plan with new signage for city facilities and restaurants. He added behaviorally when a sign says “wear a mask in this facility” it does make a difference. He stated he is disappoint ed the emergency mandate was not passed. Ms. Smith noted signage for businesses and multi-family businesses are still available on-line for downloading and printing. Councilmember Rog stated if the mandate is not approved, why do anything. Councilmember Brausen and Mohamed stated this shows leadership from council, as well as showing residents where we stand on the masking issue. Councilmember Mohamed left the meeting. Councilmember Rog suggested the council reconvene in the next few days, even if remotely, to discuss this with the Councilmember Budd who is absent. Ms. Keller stated meeting remotely now for the council does involve new guidelines from the state related to quorums and meeting space. Councilmember Brausen asked if the emergency mandate could be added to the Tuesday, Jan. 18, 2022, agenda to be discussed. Chief Koering stated the resolution recommending masking would mirror what is going on around the city with other communities. Mayor Spano stated he does not see consistency with cities around St. Louis Park, adding this seems to be confusing messaging. Ms. Smith stated the messaging is confusing passing a resolution this evening, and then discussing and passing a mandate next week. Councilmember Brausen withdrew his motion. It was the consensus of the council to discuss this further at the January 18, 2022, city council meeting. Councilmember Kraft asked if currently city commissions, as well as council, either meet in person, or not at all. Ms. Keller stated that is correct. DocuSign Envelope ID: D4C8041B-BB90-4A0D-B501-71C321A37E62 Study session minutes -10- Jan. 10, 2022 Councilmember Kraft asked how could meeting remotely be held and should this be considered. Ms. Keller stated the city attorney would need to write an ordinance and at least a quorum would need to be remote. She stated if council was interested staff could have this ready for council to approve next week. Councilmember Rog agreed. Ms. Keller stated commissions must be in alignment with the council on meeting remotely. Mayor Spano stated his concerns are that council is clear with how meetings are conducted and set a timeline as well. He is not feeling the need to meet remotely at this time. Councilmember Rog agreed and stated she prefers meeting in person as well. Ms. Keller stated she will check on the legality issues. Councilmember Kraft stated he sees this as being temporary and would like more information from the city attorney on this. Ms. Keller will ask the city attorney to draft something on this including the boundaries and what this involves, so all are on the same page. She will also clarify how the council is able to meet for the retreat, whether in-person or remotely. Communications/meeting check-in (verbal) Councilmember Brausen referenced the written report on the TIF report at 9920 Wayzata Blvd., adding it came in higher than expected. He stated he will still support this and added there will be higher construction costs and more 2–3-bedroom units. He asked staff to share this information at the council meeting. Mayor Spano asked councilmembers to sign a photo matte, if they so choose, that will be sent to former city manager Mr. Harmening, with a photo of city hall in it. Councilmember Kraft referenced the public art written report and stated he is very happy about the work being done, and the map. He suggested adding utility box wraps to the map as well. Mr. Keller stated they will be added. Councilmember Kraft added he is excited about the economic study Creative MN is doing about the positive impact of art as well. Councilmember Rog agreed with Councilmember Kraft, and pointed to an older Creative MN report that shows phenomenal financial benefit with public art. She noted the increase from $40,000 to $70,000 in the budget for Friends of the Art, stating this is well-deserved for all they do for the community. She added the new director will need to be more financia lly supported to sustain this program. The meeting adjourned at 9:10 p.m. DocuSign Envelope ID: D4C8041B-BB90-4A0D-B501-71C321A37E62 Study session minutes -11- Jan. 10, 2022 Written Reports provided and documented for recording purposes only: 3. November 2021 monthly financial report 4. Public art update 5. Application for tax increment financing assistance – 9920 Wayzata Blvd. ______________________________________ ______________________________________ Melissa Kennedy, city clerk Jake Spano, mayor DocuSign Envelope ID: D4C8041B-BB90-4A0D-B501-71C321A37E62