Loading...
HomeMy WebLinkAbout2022/09/12 - ADMIN - Minutes - City Council - Study Session Official minutes City council study session St. Louis Park, Minnesota Sept. 12, 2022 The meeting convened at 6:30 p.m. 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), City Clerk (Ms. Kennedy), Building and Energy Director (Mr. Hoffman), Community Development Director (Ms. Barton), Police Chief Harcey, Deputy Police Chief Kruelle, Property Maintenance and Licensing Manager (Mr. Pivec), Communications and Technology Director (Ms. Smith), City Attorney (Ms. Koch) Guests: 1. Review appointment process for vacancies on city council Councilmember Kraft recused himself from the discussion. Ms. Kennedy presented the staff report. Councilmember Dumalag noted the process she went through with her appointment to city council was fair and clear with the application process. She noted it was helpful to be able to talk to those on the council about what it means to be a councilmember and from a process standpoint, it was fair and very communicative. Councilmember Mohamed asked when the vacancy will be declared. Ms. Kennedy stated the vacancy will be declared when it is deemed to exist. It cannot be declared until there is a reason to do so, such as a resignation or if a member becomes ineligible for the office. Councilmember Mohamed asked if the question related to whether an applicant would intend to seek another term if appointed could be removed. Ms. Kennedy stated all the questions are at the discretion of the council. The question was only included on the draft application as it was asked the last time there was a vacancy on council. Councilmember Mohamed stated she is interested in establishing a formal application and interview process versus the council just choosing someone to appoint. She noted she would like as many people as possible to apply for the position. Mayor Spano asked about the process for appointment. Ms. Kennedy stated the first step is for council to officially declare a vacancy once it has been deemed to exist. No process can begin until a vacancy is officially declared. Councilmember Budd asked about the language related to the timing of when a vacancy is declared. Ms. Kennedy explained this is largely based on state law and has to do with when the next regularly scheduled election will be held. In this case, the council would appoint someone DocuSign Envelope ID: 4A9491DF-C01B-403B-B7A2-70823D243D76 Study session minutes -2- Sept. 12, 2022 to fill the remainder of the vacated term because the next regularly scheduled city election is 2023 and all at-large offices will already be on the ballot. Councilmember Rog stated she is supportive of a formal application and interview process, and removing the question related to applicants seeking another term. She asked if there is anything that precludes the council from talking to residents about this. Ms. Kennedy stated councilmembers are a great resource for people to learn more about what it means to be a councilmember, the experience of serving, and how a city council functions. She added the council can and should share information with their networks about vacancies and the appointment process, however, there needs to be clarity on what the process will be and transparency about how and when a vacancy is declared. Councilmember Rog asked if there will be a 6–8-week period when there are only six councilmembers and is this an issue. Ms. Kennedy stated staff would need to plan for this as the year unfolds but having a process and framework in place helps in planning the workflow and timing of action items. Councilmember Brausen stated he also favors an application and interview process, along with removing the question on intentions to seek re-election. He is in favor of inviting residents to view the process, but not interested in setting up separate community events as the appointment is ultimately up to the council. He noted the city charter and state law do not allow for calling an immediate special election and the council will need to appoint someone regardless of how much time remains in the term when a vacancy occurs. Councilmember Dumalag agreed and is in favor of an application and interview process and removing the question related to seeking re-election. Mayor Spano is in favor of an application and interview process and would like to form an advisory group of residents to informally meet with candidates but added he does not know what that process would look like. Councilmember Rog stated she is typically in favor of that type of thing, but her concern is what role the advisory group would have in the process. She noted if the appointment is up to the council, she would not want an advisory group to feel unheard or confused about their role. She noted unless there is a clear approach, there may be risks of misunderstanding. Mayor Spano stated the process was set up well for the hiring of the new city manager, and ultimately the council has the final decision. Councilmember Rog noted, however, it feels like an advisory group might have a disproportionate say in the process versus making it just a council decision. Councilmember Dumalag added she would have concerns on how an advisory group were shaped, who the members were, and how their input would be shared with the council. Additionally, she has concerns that the council might disagree with the group. DocuSign Envelope ID: 4A9491DF-C01B-403B-B7A2-70823D243D76 Study session minutes -3- Sept. 12, 2022 Mayor Spano stated the community has requested havin g a voice in this process and he’d like to look at a process for bringing in more voices. Councilmember Mohamed stated there is a difference between hiring s taff and someone who is elected. She stated there is an uncertainty around a process because how does the council choose who gets a chance to voice their opinion and then assist council with the decision . She noted the city manager was hired and not elected, so there is a fairness issue on who is empowered to give this advice. She stated she is in conflict on this. Councilmember Brausen agreed and noted the council would need to then spend time choosing who can be on the advisory group, who is qualified, and some others would be upset if they were not chosen. He added the process of interviews and appointment can be open to the entire public and councilmembers can reach out to their constituents to share feedback. He added he does not want to over engineer the process, and wants the council to trust their own judgement, noting this is a temporary appointment and ultimately the voters will decide who is elected to the office at the next election. Mayor Spano stated there is a tradition and history of having a small group of folks to advise on commission appointments, but the idea of an open house or forum would be a helpful opportunity. He has concerns about his own blind spots and wants feedback and help from his neighbors and residents in helping him to find those. Councilmember Rog added the whole process is public, so anyone can participate and give feedback. Ms. Keller stated the data collected will be public, and the process and the candidate experience need to be thought of in tandem. Councilmember Dumalag asked if criteria for applicants can be established. Ms. Kennedy stated the criteria to apply are tied to a person’s eligibility to hold the office. Beyond that, the council can provide input on the questions they would like to ask during the interview process. She noted the more criteria that are set, it potentially becomes less inviting for people to apply. She stated a public forum could be helpful, but the process and role of the public will need to be made very clear, along with what will be done with the information gathered at a public for um. Councilmember Mohamed stated she is reluctant to put up criteria for candidates because she’d like it to be as close to the current councilmember’s experience as possible. Whoever meets the state criteria can come forward to meet with the council. Ms. Kennedy stated staff would recommend interviewing all candidates who meet the eligibility requirements for the office. It was the consensus of the council to develop an application and interview process to fill vacancies on the city council and to remove the question related to seeking re-election from the application. DocuSign Envelope ID: 4A9491DF-C01B-403B-B7A2-70823D243D76 Study session minutes -4- Sept. 12, 2022 2. Hemp-derived THC draft ordinance Mr. Hoffman presented the staff report. The council discussed background checks, along with past possessions and crimes of those selling THC products. Mayor Spano asked about testing the potency of THC, and if various products are equal. Ms. Koch noted that 5 mg per serving is the maximum for edibles, but for all other products, those are limited to .3% THC. Ms. Koch noted there are different strains of THC, but all are intoxicating, and state law puts all THC in the same bucket. Ms. Koch added HHC is an intoxicant and perhaps should be prohibited by the council in the ordinance. Mr. Hoffman stated the ordinance in general is going to be more on the cautious side with the testing component to ensure public safety and awareness – so the public knows what they are purchasing. Councilmember Rog asked where liability falls if someone gets ill from a THC product . Ms. Koch stated that is not known at this point but noted she can research this further. Councilmember Budd asked if a restaurant needs a liquor license to sell THC. Mr. Hoffman stated no, because it is a non-alcoholic item. Councilmember Mohamed asked if a law could be created to prohibit THC from being sold to those under 21 years old. Ms. Koch stated that is already considered a misdemeanor under state law. Under 21-year-old possession could possibly be considered for a city ordinance, but may be a different conversation. Councilmember Mohamed noted she has concerns related to equitable licensure for BIPOC community members. She added she would like the process to look closely at past felonies and the level of a misdemeanor. Councilmember Dumalag added it seems unfair not to get a business license with a past misdemeanor, particularly if it was related to selling the substance. Chief Harcey asked if the council would then want to differentiate it in the ordinance to reflect it being acceptable for a business owner to have licensure with a past conviction of marijuana sales. Councilmember Dumalag stated yes. Mayor Spano asked in relation to how Hennepin County applies charges, if staff could look at this further, so that someone convicted of a low-level offense not be excluded from licensure. Ms. Koch noted the focus for the ordinance has been on felony convictions. Councilmember Brausen stated he agrees with both policy questions, but added he is worried the council is over engineering this as well. He stated they are over thinking this, and he is fine DocuSign Envelope ID: 4A9491DF-C01B-403B-B7A2-70823D243D76 Study session minutes -5- Sept. 12, 2022 with the felony conviction, adding he is concerned about testing four times per year and that the license fee will be too high. He would like to see something like a tobacco license. Councilmember Mohamed agreed testing four times per year is too much, adding she wants to bring the cost down and not deter folks from getting a license. She added the concern is about who has access to a license. She does not want anyone who sold low amounts of marijuana to be excluded from this and would like to see more intentionality on this policy . She stated she will leave it to staff to provide details. Councilmember Kraft stated the felony convictions and number of years is very confusing, adding he is open to the points Councilmember Mohamed made, but would not want to allow the wrong people to be licensed. He stated while he believes this should be legal and well- regulated, the licensing amount is a concern and in some states the taxes are so high that it encourages a black market. He added there is a balance that should be included. He added the state should be doing the testing as well. Ms. Keller stated the testing would be two samples from each retailer twice per year. Mr. Hoffman stated this would be a policy decision by council and the ordinance would allow for this and could be based on results of past sample tests. Councilmember Kraft asked if a variable fee could be done. Mr. Hoffman stated that can get more complicated, and fees could then vary between businesses, so there needs to be one fee for all. Councilmember Dumalag stated she is fine with the level of testing , even if it adds to the cost. Councilmember Rog asked how the QR code fits in with testing. Ms. Koch stated the product needs to be compliant with state law and match the label. Mr. Hoffman added this also shows if the manufacturer is being honest and that the product label matches state law. Councilmember Rog asked if the city would make test results public . Mr. Hoffman stated the business owner would be notified immediately and they would have to pull product, noting this would be like inspectors sampling restaurant food products and random testing standards and protocols. Ms. Koch added it would be public data and the city could publish the information . Councilmember Rog stated the merchants should absorb the cost of testing, adding it would be a hard sell to explain testing of THC products. She added she is not supportive of those who have a history of selling large amounts of marijuana being licensed without the time period, while she is not concerned about low-level sales. She would like to adopt the ordinance and include food and beverage establishments. She added she looks forward to hearing back from staff on language used to show this is an anti-racist policy. Councilmember Budd stated she is supportive of adopting the ordinance and including food and beverage, adding she’d like to look at reducing the fees. Councilmember Brausen asked if there is a reason there is no felony conviction that would not allow for licensing. Ms. Koch stated under state law the crime excluded must relate. DocuSign Envelope ID: 4A9491DF-C01B-403B-B7A2-70823D243D76 Study session minutes -6- Sept. 12, 2022 Councilmember Kraft asked if there is evidence products are mislabeled. Ms. Koch stated the products she reviewed were not yet updated on the websites. She added the more sophisticated manufacturers are on top of this. Mayor Spano agreed on both policy questions and added he is fine with the testing costs but would like to see the licensing fees lowered. He added the market needs to figure this out and stated the testing costs should not be set aside. He stated he trusts city police and results of their investigations, noting it should not be limiting, yet not allow licensing, depending on the crime committed. Ms. Koch stated there would need to be a line drawn and explicit in the ordinance to be equitable. Councilmember Brausen added with a fee this high we will not get applications. He added the testing won’t be a huge expense for the city to absorb and to protect the public safety and welfare, the city could absorb the cost of the testing the first year . Mayor Spano stated he is okay with shifting the level of testing, but the city should not absorb that cost adding, however, the fee structure can also be changed in the future. Mr. Hoffman stated this will come back to council with clarifying language and costs on the testing, and then after that the first reading will be reviewed. 3. Proposed study session agenda topic Councilmember Kraft stated this discussion topic regarding sustainable and equitable neighborhoods. He noted zoning and ratios, adding staff did a lot of work on this and he and Councilmembers Dumalag and Rog would like to do a high-level discussion of this view of neighborhoods versus looking at each specific items as proposed by staff initially. Councilmember Dumalag added the discussion would look at neighborhoods systematically. She added looking at the broader context of these subject areas might be a better way to review. Councilmember Rog noted other topics for discussion including teardowns and new home construction, as well as people leaving St. Louis Park and school district impacts, investor- owned rental properties, goals of ownership as wealth-building, senior housing options, lot sizes, zoning, noting these are all related to livability, equitability, and sustainability in neighborhoods. Councilmember Rog stated looking at tear downs out of the context of the rest of housing, while trying to move towards a more systems approach, it’s best to think in the fuller context to achieve goals. She continued council would look to staff to flesh out topics. Ms. Keller asked how this discussion relates to Vision 3.0 and the comp plan that staff has been working with. DocuSign Envelope ID: 4A9491DF-C01B-403B-B7A2-70823D243D76 Study session minutes -7- Sept. 12, 2022 Councilmember Rog stated because this would be focused on neighborhoods exclusively, as they evolve. Mayor Spano stated he would like to have this conversation at a high level and thanked Councilmembers Dumalag, Rog, and Kraft for their work on the governance model. Councilmembers Budd, Brausen, and Mohamed agreed on this as a discussion topic. Councilmember Kraft noted one item on the connected infrastructure system written report, related to sidewalk maintenance, and a continued way to cost effectively look at adding the cleaning of more sidewalks than what is being done. He noted a discussion in Oct 2021, staff said it was very expensive and requires much work. He stated council wanted a more comparable cost analysis on this and more information around clearing NOAH housing sidewalks as well, and if more can be added cost-effectively. He asked that staff speak to this when it comes back around as a report in the future. Councilmember Rog asked about way-finding signage costs at $15,000 adding she was sad they would not be moving forward on this. She asked if the signs for car counting and speeds, could those be used as a cost-effective measure for looking at bike and pedestrian use. Ms. Keller stated she will ask on that and if it is triggered and if it can differentiate . Councilmember Rog asked if the police officers are hired from the same pool being looked at to diversify the force. Chief Harcey stated yes, they are, and if the grant is accepted, an officer would be backfilled with more experience. Councilmember Rog asked if the grant was renewable. Chief Harcey stated yes, noting also that it is a competitive process. Communications/meeting check-in (verbal) Ms. Keller stated the Fire Station #1 open house is Tuesday, Sept. 13, from 5-8 p.m. Councilmember Budd noted the STEP fundraiser at Steel Toe on Wednesday, Sept. 14, from 5-7 p.m., with tickets at $25. Councilmember Dumalag stated the MinnesoThai event is this coming weekend at the West End. The meeting adjourned at 9:02 p.m. Written Reports 4. Connected infrastructure system wrap-up 5. DWI/Traffic Safety Police Officer Grant Program ______________________________________ ______________________________________ Melissa Kennedy, city clerk Jake Spano, mayor DocuSign Envelope ID: 4A9491DF-C01B-403B-B7A2-70823D243D76