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HomeMy WebLinkAbout2022/06/06 - ADMIN - Minutes - City Council - Regular Official minutes City council meeting St. Louis Park, Minnesota June 6, 2022 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, Sue Budd, Lynette Dumalag, Larry Kraft, Nadia Mohamed, and Margaret Rog Councilmembers absent: none Staff present: City Manager (Ms. Keller), Deputy City Manager (Ms. Walsh), Finance Director (Ms. Schmitt), Engineering Director (Ms. Heiser), City Attorney (Mr. Mattick), Economic Development Coordinator (Mr. Hunt), Community Development Director (Ms. Barton), Planning Manager (Mr. Walther), Housing Supervisor (Ms. Olson), Interim Communications and Technology Director (Ms. Smith) Chief Building Official (Mr. Skallet), Operations Superintendent (Mr. Hanson) Guests: Mr. Dahl, Ehlers; Mr. Hoeft, Bolton & Menk; Residents of St. Louis Park 2. Presentations 2a. Proclamation recognizing Karen Bjorgan, founder of INSPIRE Program Mayor Spano read the proclamation into the record declaring June 6, 2022, Karen Bjorgan day in St. Louis Park. Ms. Bjorgan thanked the city and Park Nicollet and noted the history of the INSPIRE Program, its resources, and support programs. Both Councilmember Kraft and Mayor Spano thanked Ms. Bjorgan for her work with INSPIRE and support for stroke survivors. 3. Approval of minutes 3a. Study session minutes of March 28, 2022 It was moved by Councilmember Rog, seconded by Councilmember Mohamed, to approve the March 28, 2022, study session minutes as presented. The motion passed 7-0. 3b. Special study session minutes of April 4, 2022 DocuSign Envelope ID: 2AB6CCDA-AF82-4E54-A3F6-C7D63BC8FC91 City council meeting -2- June 6, 2022 It was moved by Councilmember Brausen, seconded by Councilmember Rog, to approve the April 4,2022, special study session minutes as presented. The motion passed 7-0. 3c. Study session minutes of April 11, 2022 It was moved by Councilmember Rog, seconded by Councilmember Dumalag, to approve the April 11, 2022, study session minutes as presented. The motion passed 7-0. 3d. City council meeting minutes of April 18, 2022 It was moved by Councilmember Mohamed, seconded by Councilmember Brausen, to approve the April 18, 2022, city council meeting minutes as presented. The motion passed 7-0. 3e. Study session minutes of April 18, 2022 Councilmember Kraft noted on page 2 it should read, …”there also is an important quantitative piece…due to engage the greater level of care that can be captured as a pathway.” It was moved by Councilmember Brausen, seconded by Councilmember Rog, to approve the April 18, 2022, study session minutes as revised. The motion passed 7-0. 3f. Study session minutes of April 25, 2022 It was moved by Councilmember Rog, seconded by Councilmember Mohamed, to approve the April 25, 2022, study session minutes as presented. The motion passed 7-0. 3g. Study session minutes of May 9, 2022 It was moved by Councilmember Kraft, seconded by Councilmember Rog, to approve the May 9, 2022, study session minutes as presented. The motion passed 7-0. 3h. City council workshop minutes of May 9, 2022 DocuSign Envelope ID: 2AB6CCDA-AF82-4E54-A3F6-C7D63BC8FC91 City council meeting -3- June 6, 2022 It was moved by Councilmember Brausen, seconded by Councilmember Mohamed, to approve the May 9, 2022, city council workshop minutes as presented. The motion passed 7-0. 3i. Emergency city council meeting minutes of May 25, 2022 It was moved by Councilmember Rog, seconded by Councilmember Budd, to approve the May 25, 2022, emergency city council meeting minutes as presented. The motion passed 7-0. 4. Approval of agenda and items on consent calendar 4a. Accept city disbursement claims for the period of April 30 through May 27, 2022. 4b. Motion to adopt Resolution No. 22-083 approving the Contract for Private Redevelopment and the AHTF deferred loan between the city and CommonBond Communities related to the Rise on 7 development. 4c. Motion to adopt Resolution No. 22-084 approving the Contract for Private Redevelopment and the AHTF deferred loan between the city and Real Estate Equities (St. Louis Park AH I, LLLP) related to the Wooddale Avenue Apartments development. 4d. Motion to approve first reading of ordinance amending Chapter 36 pertaining to PUD 10 to amend the site plans for Chick-fil-A and set the second reading for June 20, 2022. 4e. Motion to approve first reading of Ordinance amending Chapter 36 pertaining to electronic signs and set the second reading for June 20, 2022. 4f. Motion to adopt Resolution No. 22-085 to recognize Engineering Project Coordinator Tom Pecchia for more than 26 years of service. 4g. Motion to adopt Resolution No. 22-086 approving a revised green building policy. 4h. Motion to adopt Resolution No. 22-087 authorizing an annual sign permit authorizing the St. Louis Park Lions Club to place temporary signs within the public right-of-way for the annual pancake breakfast event. 4i. Motion to approve a temporary on-sale intoxicating liquor license for Twin Cities Habitat for Humanity for an event at 6518 Walker Street on June 18, 2022. 4j. Motion to approve an extension until June 15, 2023, for Project fo r Pride in Living (PPL) to record the final plat of Unity Village Apartments. 4k. Planning commission meeting minutes of April 6, 2022. Councilmember Budd requested that agenda item 8a be moved up and discussed right after the consent agenda. It was moved by Councilmember Budd, seconded by Councilmember Brausen, to approve the agenda and items listed on the consent calendar as amended to consider item 8a after the consent agenda, and to waive reading of all resolutions and ordinances. DocuSign Envelope ID: 2AB6CCDA-AF82-4E54-A3F6-C7D63BC8FC91 City council meeting -4- June 6, 2022 The motion passed 7-0. Councilmember Brausen referenced consent item 4f and recognized Engineering Project Coordinator Tom Pecchia for more than 26 years of service and especially his work related to various construction projects in Ward 4. He noted everyone had a good working relationship with Mr. Pecchia and he will be missed. Mayor Spano requested that agenda item 8b be pulled from the agenda as the applicant withdrew their application. It was moved by Mayor Spano, seconded by Councilmember Kraft, to remove item 8b from the agenda as the applicant withdrew their application. The motion passed 7-0. 8. Resolutions, ordinances, motions, and discussion items 8a. Discuss scope of damage of May 21 water main break and options for impacted residents Mayor Spano thanked the community for allowing councilmembers to come into their homes to assess damages this past week. He stated staff will present the report related to May 21 and this past weekend. After that, residents will have an opportunity to ask questions and address the council. Ms. Keller stated it is unimaginable that there have been two watermain breaks on the same sections of pipe. She visited with residents this past weekend and learned how this impacted them. She added that staff has also been surprised by what happened. Ms. Keller stated staff will discuss what is known and what is unknown about the break and the system and present an updated staff recommendation on financial relief. She stated staff will answer all the questions they can and work on getting clarity on as much as they can. Ms. Keller stated the action item for council consideration is to review and approve of the financial relief package. Ms. Walsh presented the report. She noted there were 22 homes impacted by the second break, 38 homes were unaffected, and a few have not been heard from yet. Mr. Hoeft, P.E. with Bolton & Menk, a multi-discipline firm that provides infrastructure constructions, maintenance, and planning, spoke to the issue and his observations of the second water main break. He stated he assisted the city with overseeing the repair of the break, noting he is confident the repairs made will address the leakage issue. Mr. Hoeft provided context about infrastructure issues h appening all over the country, and a utility system that is typically over 50 years old in most areas of Minnesota. DocuSign Envelope ID: 2AB6CCDA-AF82-4E54-A3F6-C7D63BC8FC91 City council meeting -5- June 6, 2022 Ms. Heiser stated the city plans to update all city infrastructure with capital expenditure and continues to do so each year. She stated sewer lines are routinely inspected and engineering will be developing a plan to update infrastructure and work with the council on this. Ms. Keller stated tonight staff will focus on the city reimbursement program and city loan program, noting there have been changes since the last meeting. She explained there are four points she will present related to the assistance program. The first is there has been updated insurance information from the League of MN Cities Insurance Trust about the insurance cap; second, there will be expanded eligibility; third, the residential properties will have no interest on the loan program; and fourth, a higher dollar amount will be available for those impacted twice. Ms. Keller stated if approved, a third-party will be hired to administer the assistance programs. Ms. Keller added there will be another neighborhood meeting for affected residents on June 8 at Lenox Community Center. John Honsa, 2931 Sumter Ave. S., stated they had two breaks in a short period of time, and he has no confidence in what has been repaired. Mr. Hoeft stated he assisted with that very thing and noted the pipe it was being connected to looked brand new . He stated the analysis and evaluation being done will address and access the repairs. Julie North, 3014 Quebec, stated on May 21 they had over two feet of sewage water in their basement and now have a trench there, with sludge in the pipes . She stated they have a total of $53,000 worth of repairs needed and she is asking if the amount can be increased. Mayor Spano stated council will be discussing this tonight . Joanne LaFave, 3041 Quebec Ave. S., stated property values have been destroyed because of these incidents. This is not about a $25K or $50K remediation as much as it is about a complete lack of assurance the city can provide basic services to these homes. She asked how anyone can begin a reconstruction process and trust that this will not happen again. Demitrios Lalos, 2951 Rhode Island Ave. S., stated the insurance will cover $40,000. He asked if there was a staff proposal prior to that and what was that . Ms. Keller stated staff and the League worked jointly to put together the package and the updated proposal is based on what happened over the weekend . Mr. Lalos asked if there was any study of the first break. Ms. Walsh stated the engineering firm will look at both breaks and evaluate both . Ms. Lalos stated a study was done with the Pastor property related to infrastructure and asked if there will be another study now that two breaks have occurred. Ms. Walsh stated everything will be reviewed. DocuSign Envelope ID: 2AB6CCDA-AF82-4E54-A3F6-C7D63BC8FC91 City council meeting -6- June 6, 2022 Michala Hamilton, 2901 Sumter Ave. S., stated her home was flooded both times. She stated after the first break she heard this was an unprecedented event, but after the second break, this does not seem rational and there should be an explanation. Ms. Hamilton asked if Bolton & Menk will be doing the investigation. Ms. Walsh stated there will be a committee comprised of staff and volunteers from the neighborhood to develop a request for proposal and select a consultant. Jeff Withers, 2905 Rhode Island Ave., asked if Mr. Hoeft had ever done work in St. Louis Park before. Mr. Hoeft stated his company has done work in the city before ; however, he has not. Mr. Withers asked how this can be considered an objective review of the situation when the city council, the city attorney, and the city insurance are all on the same side of the court. He asked who is representing the residents and if the council will select an independent company. He stated the city is fully liable. Mr. Mattick stated the council is trying to balance what can be done right now to assist the community. Denise Mueller, 2941 Rhode Island Ave. S., asked if the funding from the League includes the same things as the city program. Ms. Keller stated the intention is to model the city’s program after the League’s program, plus deductibles and permit fees which are not included in the League’s program. Ms. Keller stated staff will make sure representatives from the League address this question at the neighborhood meeting. Ms. Mueller stated she was also involved in the second break and asked what the plan is for paying electrical bills for fans running day and night . Ms. Keller stated the city can look into how to address this and noted the city will also make sure there are no extra water charges. Lu Han, 2934 Rhode Island Ave. S., stated she was impacted by both breaks. She expressed her extreme disappointment in how the city has handled this and how the city has been supporting the community, which has not been enough . She asked about the pipe that was taken out, not just the pipe that was replaced, to look for corrosion as part of the investigation. She expected this information from the city and asked about the pipe that was taken out on May 21 and if it was replaced. Ms. Keller stated following the May 21 break, the section was removed and with the June 3 incident, the whole pipe was replaced. Mr. Hanson stated on the first break, there was a puncture on the line, and that section was removed and saved. He added after the second break, another section of pipe was removed and replaced. Mr. Hanson explained the old section was cut out and if there is any indication a connection will not be a firm grip on the repair, then more of the pipe will be cut out to have a firm connection . Ms. Han stated based on what was said here, she does not think this is a great approach . She stated homes cannot be cleaned nor can the release be signed until residents know DocuSign Envelope ID: 2AB6CCDA-AF82-4E54-A3F6-C7D63BC8FC91 City council meeting -7- June 6, 2022 what the financial support will be. Mayor Spano stated the council will be discussing and considering the program this evening. Ms. Keller stated the city is working with the League to get some funds out to residents as soon as possible. She added the amounts that staff came up with were related to average construction costs. Ms. Han asked if the investigation shows the city is at fault, is there a policy covering this. Mr. Mattick stated there is policy coverage for the city, with a cap of $2 million through the League. Ms. Han stated she wants to understand the investigation related to city fault as well. Jennifer Snyder, 3010 Quebec Ave. S., stated the reimbursement programs will not cover the costs incurred and asked why there is a loan program to pay back the city for a pipe that broke on their watch. She asked what other contingencies are not being told to residents and why the city is not being transparent. She asked why a waiver has not yet been developed. Mr. Mattick stated that will be developed as part of the program the council will decide on tonight. The city cannot develop a waiver without knowing the terms of the program. Participants need to know the terms they are agreeing to and what they are receiving in conjunction with a waiver. Casey Zimmerman, 2910 Rhode Island, stated he is also selling his home and was fortunate because he had sewage coverage. He will have to pay his deducible and asked if the council could look at using monies he might receive to be given to others for repairs and increase the pool of funds. Ms. Keller stated the League coverage applies to the event as whole. Staff does not know yet how the claims will be handled in terms of distribution, that is still being determined by the League. Michele Becker, 7908 Minnetonka Blvd., stated she lives in the house right next to the apartments. She is worried about the value of her home and concerned about the shifting of the earth from the apartment, as well as the pipe construction. Ms. Keller stated her information would be passed on to the League. Mr. Hoeft said the pipes are buried at a certain depth. As the pipes weaken, they may be affected, but they are designed not to be impacted by adjacent areas. Ms. Becker stated it seems the whole section of the pipe should have been replaced after the first incident. Mr. Hoeft stated after seeing the pipe, he looked at the first break, noting the first break was very different from the second, and did not look like they came out of the same break. He added it is common to find one pipe with erosion, and then also in good shape further down the line. Adam Salwell, 2934 Rhode Island Ave., stated the first proposal was for $30,000 and asked if this new proposal replaces the original program. Ms. Keller stated yes, that is correct. DocuSign Envelope ID: 2AB6CCDA-AF82-4E54-A3F6-C7D63BC8FC91 City council meeting -8- June 6, 2022 Mr. Salwell stated it now appears to cover restoration, but it was previously mentioned there is State statute that does not cover restoration if it is not a safety issue and asked why that has changed. Ms. Keller stated there are rules in statute related to public purpose expenditures and how they are defined. This is one of the things staff and the city attorney have worked through extensively to ensure the city program was designed in a way to be as flexible as possible withing statutory guide lines. Mr. Salwell asked about the League determining there was no city liability related to the first break; however, when looking at call records, there was two hours to turn off the water which led to total flooding of Quebec Avenue. He asked why there was a delay of two hours. Ms. Keller stated staff can account for some of this in the second incident because staff knew where to turn off the valves, because they had just been out there two weeks earlier when the first break occurred. She added this saved a lot of time. Mr. Salwell noted there is a gap missing with the first incident of two hours and he would be interested in a discussion around response times . Ms. Keller stated it was a bit less than two hours, but staff would look further at the public record of phone calls. Mr. Salwell asked about the pipe replaced and if the pipe Mr. Hoeft viewed after the second incident looked brand new to him. Mr. Hoeft stated that pipe was already removed prior to him arriving and was sitting on the roadway. He added the wall thickness of the pipe on the roadway was intact and that pipe was very different than the pipe in the first break. He stated testing companies can look at the pipe in subjective ways and that will be part of the data that is collected. Theresa Wirtz, 3051 Quebec Ave. S., stated she is disabled and has not been able to function properly since the first incident. She stated she will take the money under duress, noting the city has not even scratched the surface of what is needed beyond physical restoration. Jay Ruhl, 3004 Quebec Ave., asked about timing for the League’s payment. Ms. Keller stated that the League representatives are still working through this and will be able to answer questions more definitively at the neighborhood meeting. She noted they will need to allow time for all claims to be filed. Mr. Ruhl asked if the League’s finances are public information and if they can pay the claims. Mr. Mattick stated the League is in a very strong financial position. Mr. Ruhl asked if the League has ever paid out a claim as big as this before. Mr. Mattick stated he did not know. Sinom, speaking for his aunt who lives on 2900 Sumter Ave., stated she was affected by both incidents. He asked why the first break happened and why we are not taking a proactive versus reactive approach to this pipeline break. He stated something more should be done. Mr. Hoeft stated both pipes will be subject to independent testing. DocuSign Envelope ID: 2AB6CCDA-AF82-4E54-A3F6-C7D63BC8FC91 City council meeting -9- June 6, 2022 Sinom asked how long the investigation will take. Mr. Hoeft stated the city is trying to be deliberate and a lot of thought must be put into this as it impacts the community. He added the city deals with many watermain breaks each year. Mayor Spano stated the question about what the city is doing to prevent this in the future is a legitimate question. He added what is being done tonight is responding to what has happened and the question about what will be done moving forward will happen, but not this evening. Troy Fliegel, 3040 Quebec Ave., asked about risk mitigation going forward with the homes affected. He stated the programs presented are bringing the homes back to basically where they were. He has gotten quotes adding tier three is most accessible, given there is flexibility. He added this is the time to do the repairs. John Honsa, 2931 Sumter Ave. S., stated this is tough and he is emotional about this. He stated this is unprecedented and now it is expected. He asked what the council would do if this happened in their homes. He appreciated the council’s efforts, but he does not have confidence in the city right now. He added he will not sign a release unless he talks to an attorney. He stated with the League, the claims will be based on actual value versus replacement value, and the property value will go down. Julie North, 3014 Quebec Ave., asked if the city had reached out to the state for relief. Adam Salwell, 2934 Rhode Island Ave., stated people are trying to get a restored confidence in the city. Demetrios Lalos, 2851 Rhode Island Ave. S, stated he agreed with all the statements made about confidence in the infrastructure. He added in terms of financial matters, he is at $71,000 before the second break, so total costs are probably closer to $100,000. Michala Hamilton, 2901 Sumter Ave. S., stated the $50,000 was an increase from $30,000 because of estimates from other residents. She asked why everyone was not asked for their estimates, and these amounts are ridiculous. Ms. Keller stated the increase to $50,00 was in recognition of the second break. She added the dollar amounts were determined by talking with the League, chief building official, residents, and researching typical costs for similar work. Ms. Hamilton stated these amounts do not represent the costs that residents will incur. Lu Han, 2934 Rhode Island Ave. S., stated it is very expensive to repair pipes and she understands that, but whatever money is used to repair a pipe is tax dollars which all residents pay. She added to her it seems the city is cutting corners to repair the pipe and it did not work, so it damaged homes. She stated this was a band-aid and it already broke and impacted 55 houses. She stated she pays taxes for the city to do the work, but this does not make sense. DocuSign Envelope ID: 2AB6CCDA-AF82-4E54-A3F6-C7D63BC8FC91 City council meeting -10- June 6, 2022 Ms. Han asked what was done this time to verify the pipe repair was done correctly, adding she needs to see data and details as soon as possible . She asked which companies the city talks to, with all the supply change shortages and pandemic issues, noting these figures for pay-out to residents are not realistic at all. Jeff Withers, 2905 Rhode Island Ave., asked if the repair that was conducted was an advanced repair. Mr. Hoeft stated it is a common repair given the situation. Mr. Withers asked if it would be best performed by a licensed or unlicensed contractor . Mr. Hoeft stated it would be best performed by a contractor with ample experience to do those repairs. Mr. Withers asked if the city does not have contractors that have licenses, are they still qualified to do those repairs. Mr. Hoeft stated there are different licenses for plumbers and contractors. He stated Valley Rich made this repair, they have a lot of experience, and they are widely used in the metro area. Mr. Withers asked if there have been any revisions to the dispatch policy for after-hours utility calls. He noted the first call on the first break was at 4:58 a.m. and crews responded at 5:43 am, after the judgement call of the dispatcher. He added with the second break, the city was there within 15 minutes, so it appears there was a revision to the dispatch policy, or the original dispatcher did not follow policy. He asked for clarification. Mr. Hanson stated every situation is different and there are other factors that can come into play. He noted on the first break the first notification was with dispatch and on the second break, the first notification was with the monitoring system, within a minute of that call. Mr. Hanson stated in the city water towers, within the bowl on top and as water is used, pumps kick on to bring water levels back up and if it gets t oo low, the water monitoring system has an alarm. He added the alarm system worked in both cases. Fire Chief Koering stated this event does not reach the thresholds required to receive federal, state, or county relief funds. He noted the city has reached out to the county and other partners to try access volunteer resources to address the needs of the community. Mayor Spano asked what those thresholds are. Chief Koering stated he can provide that information at the neighborhood meeting on Wednesday. Mayor Spano stated the rest of the questions can be asked at the Wednesday night meeting. Ms. Keller stated there were ideas of what could be added to the eligibility list . She asked council to provide latitude in the eligible expenses. Councilmember Budd stated Mr. Hoeft reminded everyone of the aging infrastructure, noting she has concerns about people not feeling safe, and that is a bigger issue. She DocuSign Envelope ID: 2AB6CCDA-AF82-4E54-A3F6-C7D63BC8FC91 City council meeting -11- June 6, 2022 stated this is unprecedented and what if it happens again – there is not endless funding, but there are ARPA funds that can be used for the community. She supports a larger amount in that tier than is there right now. She stated some things will need to be balanced, but she hears those that have said $70,00 to $100,000 will be needed, and she wants to consider this. Councilmember Dumalag thanked everyone for their comments and asked staff if there are homeowners that have put their homes on the market, are these funds transferable to potential buyers. Ms. Keller stated that would need further analysis. Councilmember Dumalag stated if this can be considered in a fair manner, she would like to see that happen. Mr. Mattick stated receipts must be submitted with work done in connection with the flood, and then the signed release binds the owner and all future successors. Councilmember Kraft thanked everyone for their comments. He visited residents on Saturday and could feel the trauma from those affected. He has many questions about why both breaks happened and the city’s processes. He appreciates there will be a third-party analysis with resident volunteers choosing the consultant. He stated the council needs to get to the bottom of this, and in the right way. He is interested in expanding eligible expenses for reimbursement and including preventative measures to protect homes from future events. He is also interested in exploring how the League can address that some residents may need more funds than others. Mr. Mattick stated under the terms of the policy with the League, the cap of $40,000 per home is the cap, but if the claims come in less, and there is room on that $2 million, it will not be paid out, on the first claim. He added they are still waiting for an update related to the second claim. Councilmember Brausen stated he is sorry everyone is here tonight, noting this is horrific for everyone. He stated the council and staff feel terrible for everyone involved. He stated the council is trying to be as responsive as possible to provide a program that can help people as quickly as possible. He stated there is up to $40,000 available to each household through the League of Minnesota Cities and after that the proposed city program would provide up to $30,000 to those affected by the first break and an additional $20,000 to those affected by both breaks. That is up to $90,000 in relief per household. He added the council wants everyone to be able to start restoring their homes and lives as best they can. Councilmember Brausen stated the city is looking at the best way to fund the relief program, noting that impacts everyone in the community. He stated this will take time to set up and the council and staff will try their best to move as quickly as possible. He added the council does and will continue to look at how to handle aging infrastructure. Replacing the entire system could cost $300-400 million, which is why a phased approach is generally used to spread those costs out over time. DocuSign Envelope ID: 2AB6CCDA-AF82-4E54-A3F6-C7D63BC8FC91 City council meeting -12- June 6, 2022 Councilmember Budd asked for a friendly amendment to increase the $30,000 to $60,000. Councilmember Mohamed asked if the $60,000 would apply to both breaks . Councilmember Budd stated she proposes the $30,000 be raised to $60,000 and the $50,000 be raised to $80,000. Councilmember Mohamed stated she echoes Councilmember Brausen’s thoughts. She stated going through this a second time is unimaginable and losing trust in government is awful. She stated she is a refugee and has lost her home, so she understands. She stated the council represents all residents, and she worries people will eventually get taxed out of the community, especially with inflation. She feels the proposed relief program is the best the city can do at this time. She did not make this decision with a light heart; she understands and feels for residents and has felt every emotion they have felt. She stated the council will work to gain trust back and do everything they can to ensure this does not happen again. She supports the program as proposed. Councilmember Rog stated it is very hard to go through this a second time, noting council is on the same side as residents and learning along with them. She feels the council has shown up and she wants to be on the same side. She stated she was out with Councilmember Budd last weekend and talked to people who had coverage , those who did not, those who got two inches of water, and others that had more damage. She is supportive of whatever plan is agreed on and supports waiving the quarterly water bills and providing assistance for electric bills. Councilmember Rog asked if adopted, is it possible for residents to use the loan program to improve on what they had before. Ms. Barton stated the loan program currently would be utilized for any expenses above and beyond what was covered in the three other tiers, including personal property that was there before, and submitting receipts for replacement items. Councilmember Rog stated we are living with aging infrastructure, and this cannot be improved tomorrow, noting that realistically, many communities are having these issues. She stated in seeing the range of damage, we are getting close for many people, but not for everyone. She would like staff to talk about recognizing there are some outliers that this program will not help and to realize we need to take care of all the best we can. She is supportive of getting the funds out right away and is supportive of Councilmember Budd’s friendly amendment recognizing tha t not all residents will need the full amounts. Mayor Spano stated tonight we are working on how we will respond to help residents get their homes repaired. He is also very interested in infrastructure repairs and having staff review this in the future. He thanked everyone for opening their homes and their tears, adding the council needs to hear this and they do hear this. He stated they cannot fix it and make it like it was before, but they can provide financial support to make it better. DocuSign Envelope ID: 2AB6CCDA-AF82-4E54-A3F6-C7D63BC8FC91 City council meeting -13- June 6, 2022 Mayor Spano added he is not in favor of Councilmember Budd’s friendly amendment . He liked what Mr. Zimmerman had said and he is interested in approving the package in front of council, with staff looking into a window of time for residents to get information in about costs, and then redistribute funds at that time, for those that go beyond the cap. He added this seems to strike the right balance, and if this budget were maxed out, the council could consider allocating more funds in the future for those that are in need. Ms. Keller stated staff would need to look at recommending an amount that should be set aside for additional funding in the future. Councilmember Kraft asked what signing the waiver means. Mr. Mattick stated the city is paying residents with city money and this money must be used for public purposes, so in this case it would be payment for a claim. He added that signing the waiver provides an end point and both parties can move on. He stated if the city chooses to give more money in the future, the city can approach residents and then the waiver can be modified at that point, and it is to residents’ benefit as they would be receiving more funds. Councilmember Kraft asked if the loan were to change to the amount of money that is set aside, would that be possible. Ms. Keller stated if the overall per household limit were the same, then no, but if the limit were to change, then yes . Councilmember Kraft stated he then will vote against the current proposal and would like to add $30,000 to the city reimbursement program and remove the loan program. He noted then it would be up to $60,000 for those impacted by the first break and up to $80,000 for those impacted by both breaks. He stated in terms of going forward tonight, he is comfortable with this. Councilmember Dumalag stated she agrees with Councilmember Budd and is in favor of increasing the amounts to $60,000 and $80,000 as reimbursement , noting there are a wide variety of issues with each residence, and she would like to move the funding to residents as soon as possible. It was moved by Councilmember Brausen, seconded by Councilmember Mohamed, to adopt the staff recommended proposal to sunset the emergency fund program adopted on May 25, 2022, roll any expenses from that program into claims with the League of MN Cities Insurance Trust, and adopt an expanded financial relief program to include a reimbursement fund of up to $50,000 for qualifying expenses impacted by both the May 25 and June 3 watermain breaks, and up to $30,000 for qualified expenses for properties affected by the May 21, 2022, watermain breaks and a loan fund to provide for up to $30,000 additional at 0% interest for residential properties, and up to $75,000 at 2% for commercial properties utilizing the existing city reimbursement fund and to allocate $1 million of general fund balance and $1 million of ARPA funding to fund these programs. The motion failed 3-4 (Councilmembers Kraft, Dumalag, Rog and Budd opposed). DocuSign Envelope ID: 2AB6CCDA-AF82-4E54-A3F6-C7D63BC8FC91 City council meeting -14- June 6, 2022 It was moved by Councilmember Budd, seconded by Councilmember Brausen, to sunset emergency fund program adopted on May 25, 2022, roll any expenses from that program into claims with the League of MN Cities Insurance Trust, and increase the city’s reimbursement of up to $80,000 for qualifying expenses for properties impacted by both the May 21 and June 3 watermain breaks and up to $60,000 for properties impacted by the May 21 watermain break and to allocate $1 million of general fund balance and $1 million of ARPA funds to fund these programs. Councilmember Kraft asked if this new motion covers any qualifying expenses. Councilmember Budd stated yes, to cover water and electric bills as well. Councilmember Mohamed asked if this motion includes the loan and if this applies to commercial also. Councilmember Budd amended her motion to add the following: “up to $75,000 at 2% for commercial properties utilizing the existing city reimbursement fund.” Councilmember Brausen seconded this as amended. Councilmember Rog asked how exceptions might be handled. She wants to be clear to residents and whether they have any additional options. Mayor Spano stated the council reserves the right to change any decisions at any time; however, there is not a plan for this right now. Councilmember Rog stated the people that should be grilled are the insurance companies who are not covering this, noting that folks should review their policies, as insurance companies are not always looking out for the best interests of their customers. Ms. Keller stated Ms. Schmitt’s recommendation would be to set aside $4 million total to include administrative costs, with $1 million in fund balance and $3 million of ARPA funds. Councilmember Kraft asked if that decision needs to be made tonight, or can the council come back to figure this out later for the reserve funds, when we are moving from $2 million to $4 million. Mayor Spano stated staff can come back and make change s about where the funds come from, but the important thing is to get clarity to residents tonight . The amended motion is as follows: It was moved by Councilmember Budd, seconded by Councilmember Brausen to sunset emergency fund program adopted on May 25, 2022, roll any expenses from that program into claims with the League of MN Cities Insurance Trust, and increase the city’s reimbursement of up to $80,000 for qualifying expenses for properties impacted by both the May 21 and June 3 watermain breaks and up to $60,000 for properties impacted by the May 21 watermain break, and to allocate up to $75,000 at 2% interest for DocuSign Envelope ID: 2AB6CCDA-AF82-4E54-A3F6-C7D63BC8FC91 City council meeting -15- June 6, 2022 commercial properties utilizing the existing city reimbursement fund, up to $1 million of general fund balance and up to $3 million of ARPA funds to fund these programs. The motion passed 6-1 (Councilmember Mohamed opposed). Councilmember Mohamed stated she is totally in favor of getting residents the assistance they need; however, $4 million is too large of an amount for her to approve. Mayor Spano clarified this is up to $4 million and if all the funds are not needed, they will not be used. 5. Boards and commissions – none. 6. Public hearings 6a. Public hearing to establish the Beltline Station 1 Tax Increment Financing District Resolution No. 22-088 Mr. Hunt presented the staff report. Mayor Spano opened the public hearing. No speakers were present. Mayor Spano closed the public hearing. It was moved by Councilmember Rog, seconded by Councilmember Mohamed, to adopt Resolution No. 22-088 approving the establishment of Beltline Station 1 Tax Increment Financing District (a housing district). The motion passed 7-0. 6b. Public hearing to establish the Beltline Station 2 Tax Increment Financing District Resolution No. 22-089 Mr. Hunt presented the staff report. Mayor Spano opened the public hearing. No speakers were present. Mayor Spano closed the public hearing. It was moved by Councilmember Mohamed, seconded by Councilmember Rog, to adopt Resolution No. 22-089 approving the establishment of Beltline Station 2 Tax Increment Financing District (a renewal and renovation district). The motion passed 7-0. 6c. Public hearing to establish the Wooddale Avenue Apartments Tax Increment Financing District Resolution No. 22-090 Mr. Hunt presented the staff report. DocuSign Envelope ID: 2AB6CCDA-AF82-4E54-A3F6-C7D63BC8FC91 City council meeting -16- June 6, 2022 Mayor Spano opened the public hearing. No speakers were present. Mayor Spano closed the public hearing. It was moved by Councilmember Dumalag, seconded by Councilmember Kraft, to adopt Resolution No. 22-090 approving the establishment of the Wooddale Avenue Apartments Tax Increment Financing District (a housing district). The motion passed 7-0. 6d. Public hearing to establish the Rise on 7 Tax Increment Financing District Resolution No. 22-091 Mr. Hunt presented the staff report. Mayor Spano opened the public hearing. No speakers were present. Mayor Spano closed the public hearing. Mayor Spano stated he will support this but noted there are costs for remediating debris from construction of Highway 7. He asked staff if there is a way to recoup those costs from the State. Councilmember Brausen asked if staff confront the former church owners, or the State on this issue. Mayor Spano stated he assumes staff should ask the state . It was moved by Councilmember Brausen, seconded by Councilmember Mohamed, to adopt Resolution No. 22-091 approving the establishment of the Rise on 7 Tax Increment Financing District (a housing district). The motion passed 7-0. 6e. Public hearing on Bridgewalk Condominium Homeowners’ Association revised housing improvement area Ms. Olson presented the staff report. Mayor Spano opened the public hearing. Libby Carlson noted she is an owner at Bridgewalk for 4.5 years and when she initially moved in, she learned this process would start and she got on the board . Until she was on the board, she did not realize the extent of what needed to be done . She stated the building is 50 years old and the roof alone is $1 million to repair, with snow and rain coming into the third-floor units. She added the roofing is crumbling, there is mold all over, and the wood is crumbling. She stated outside all the decks must be replaced as they are no longer safe. She added it has been neglected for a very long time and sh e hopes the council approves this, so they can improve their homes, with 92 units included. DocuSign Envelope ID: 2AB6CCDA-AF82-4E54-A3F6-C7D63BC8FC91 City council meeting -17- June 6, 2022 Doug Strandness, 727 Summit Ave., St. Paul, stated he has worked with the association on this whole process. He thanked the council on behalf of the board and the association and for considering this project. He also thanked Ms. Olson for working with them on the process. Mayor Spano closed the public hearing. Councilmember Brausen stated this is the type of essential service the city can render to help them improve their existing homes, which are affordable and naturally occurring. He added this is well worth it and he supports this. Councilmember Rog added she also supports this and stated it is not use of public dollars but is a loan where the city collects fees. Mayor Spano stated while he supports this, these affordability programs with 40-year windows should be looked at and as council approves them, he would like to take note of the age of buildings and ensure the council not get caught in a cycle of constantly helping to fund buildings. Ms. Olson stated this would be a one-time support by the city, and when getting this funding, the building associations must present a plan of how they will not get into these situations again the future. It was moved by Councilmember Brausen, seconded by Councilmember Budd, to approve first reading of an ordinance establishing the Bridgewalk Condominium Homeowners’ Association Housing Improvement Area pursuant to Minnesota statute, sections 428A.11 to 428A.21 and to set second reading for June 20, 2022. The motion passed 7-0. 7. Requests, petitions, and communications from the public – none 8. Resolutions, ordinances, motions and discussion items 8a. Discuss scope of damage of May 21 water main break and options for impacted residents This item was considered directly after the consent agenda. 8b. Xchange II Medical Office Building This item was removed from the agenda as the applicant pulled their application. 9. Communications DocuSign Envelope ID: 2AB6CCDA-AF82-4E54-A3F6-C7D63BC8FC91 City council meeting -18- June 6, 2022 Ms. Keller stated a press release on the program passed tonight will be going out as well as an email to all residents affected. Ms. Keller added the city’s housing authority is opening the 1-bedroom public housing list on Mon., June 13, at 10 a.m. and the list will close on Mon., June 20, at 4 p.m. There is more information on the city website and applicants must meet eligibility. Councilmember Kraft thanked Ms. Keller and staff for leading the council through the discussion tonight, being prepared, and taking care of our residents. Mayor Spano agreed, stating he appreciated staffs’ work on this, residents’ feedback, and opening their homes to council members. 10. Adjournment The meeting adjourned at 10:06 p.m. ______________________________________ ______________________________________ Melissa Kennedy, city clerk Jake Spano, mayor DocuSign Envelope ID: 2AB6CCDA-AF82-4E54-A3F6-C7D63BC8FC91