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HomeMy WebLinkAbout2017/06/12 - ADMIN - Minutes - City Council - Study SessionJffSt. Louis Park OFFICIAL MINUTES M I N N E S O T A CITY COUNCIL STUDY SESSION ST. LOUIS PARK, MINNESOTA JUNE 12, 2017 The meeting convened at 6:35 p.m. Councilmembers present: Mayor Jake Spano, Tim Brausen, Steve Hallfin, Gregg Lindberg, Anne Mavity, Thom Miller, and Susan Sanger. Staff present: City Manager (Mr. Harmening), Housing Supervisor (Ms. Schnitker), Director of Operations and Recreation (Ms. Walsh), Assistant Housing Supervisor (Ms. Olson), Recreation Superintendent (Mr. West), Communications Manager (Ms. Larson) and Recording Secretary (Ms. Pappas). Guest: Mark Oestreich, Westwood Hills Nature Center Manager; Molly Eagan, Nancy Blankfard, Glenn Waguespack, HGA Architecture. 1. Future Study Session Agenda Planning — June and July 2017 Councilmember Brausen stated that at an upcoming study session he would like to address how the consent agenda is handled at the city council meetings. He stressed the importance of transparency for the home viewing audience. Mayor Spano stated that if a councilmember would like to address an item on the consent agenda, they may request to move it from the consent agenda to an action item for discussion. Councilmember Miller requested adjusting agenda items for the June 26 meeting as it looked like it might be a long meeting. Mr. Harmening stated the June 26 agenda will address The Nest and the council's support of this project. Councilmember Sanger asked which upcoming June agenda will address tobacco. Mr. Harmening stated that the June 19 agenda will address the first reading of the tobacco ordinance. Increasing the legal age for purchasing tobacco products will be brought to a regular city council meeting, where the council will decide if they will move forward to schedule a public hearing for the ordinance to change the City Code. 2. Advance Notice of Sale and Eviction for Cause Affordable Housing Preservation Policies Ms. Schnitker and Ms. Olson noted that at the November 11, 2016, City Council Study Session, the council reviewed a number of strategies and tools to promote the creation and preservation of affordable housing for low and moderate income households in St. Louis Park. Two areas the council identified as topics for further discussion were: • Advance Notice of Sale Period: Requiring advance notice prior to sale of affordable multi -family properties • Just Cause Tenant Protection Ms. Schnitker added that staff is participating in a work group, facilitated by the City of Minneapolis, to explore the viability of implementing an Advance Notice of Sale. The work group includes representatives from several cities, the state, Hennepin County, Met Council, housing advocate groups, and the Fancily Housing Fund. Study Session Minutes -2- June 12, 2017 Councilmember Miller asked if the Advance Notice policy would be the first one in the State. Ms. Schnitker stated yes. Councilmember Mavity stated that the reason NOAH was able to help with the Richfield Concierge issue was that some tenants heard about an upcoming meeting and notified NOAH, who were then able to present a proposal within 48 hours. Councilmember Mavity proposed the policy be for buildings with 50 units or more, with a 90 -day notice of sale to tenants. She added that enforcement causes her some concern, noting that fines will likely not deter owners. She stated owners should be fined and also have a criminal charge logged against them, so the penalty is more significant. She added that she understands the city attorney has concerns about potential legal challenges but also noted that there are tenants in St. Louis Park who have to deal with more issues than the city would have to deal with. Councilmember Lindberg agreed with Councilmember Mavity on the 50 plus units, adding he is intrigued by the idea of collecting rental data, which could be valuable in the long term to help the city make adjustments. He added he is also concerned about enforcement and likes the idea of some sort of connection to the point of sale. Councilmember Sanger noted that rental data should be collected as it would help with questions that come up over time. She also expressed concerns on how the policy would be enforced and how much staff time would be spent on enforcement. She added that enforcement should not include criminal charges, as this is more of a civil issue. Councilmember Sanger stated that if the 90 day notice is not in the tenant's contract, it puts landlords in a bad spot. She stated that she is concerned about putting landlords in a position where they are losing. Having too many ordinances may drive many landlords to leave St. Louis Park. Councilmember Hallfin stated the policy seems like the right thing to do for St. Louis Park residents; however, while we think we are being proactive, we are really being reactive. He continued that he feels this is a huge overreaction to the Meadowbrook situation, which will ultimately be out of the city's control. He stated that the policy is good in principle, but in practice it would not be good. The city cannot fix what has already happened. He stated it seems as if the city is trying to get their hands into the marketplace and to interfere with people running their businesses. He noted he does not see this as a criminal offense and asked what a civil penalty would be. He is not sure how to enforce it, suggesting that the best way to enforce is through licensing and inspections. Councilmember Brausen stated he is in favor of the policy and in favor of applying the 90 -day notice to all non -homestead properties — all rental properties — in the city. He stated enforcement is not hard and in place with the State of Minnesota already. He added that people understand this is a criminal issue, and intent to commit a crime can be proven. He stated that the real estate market can cope with these requirements, and it is time the city do this, adding we need these tools in place to help with cases like Meadowbrook. Mayor Spano stated he is interested in the policy, especially the part that provides for affordable housing. He added the 50 -unit threshold makes sense; however, noted that the city does not know what the future holds and what type of future finance mechanisms will be in place. He added that the city cannot undo what happened at Meadowbrook but can learn from it. Mayor Spano noted to staff that they have enough information now to come back to council at a later date with more details on how to write this policy. Study Session Minutes -3- June 12, 2017 Ms. Schnitker stated that staff will work on these details and return to council, after speaking with owners and landlords, as well. Ms. Schnitker noted the Eviction for Cause issue, stating that without a policy in place, there is always a chance a landlord can give a nomenewal notice or set up month-to-month leases, or short-term leases. She added there are benefits to having this type of policy, one being that it helps prevent discrimination. She noted that there could be legal concerns, and the policy could be challenged. She added even if there had been a policy in place, it may not have stopped what occurred at Meadowbrook. Ms. Schnitker stated that some cities have this type of policy in place, but typically it is coupled with rent control. However, challenges can come in enforcement. Councilmember Sanger stated that all of the items Ms. Schnitker noted are actions that a landlord can already take, adding that an ordinance from St. Louis Park to evict for bad tenant behavior would not be needed. She added an eviction policy could potentially give leverage to tenants, and it causes concern in that people might not want to own rental property in St. Louis Park if the city puts too many restrictions on them. She also asked how it would be enforced and who would decide what "just cause" behavior in the ordinance would be. Additionally, she asked about cost and appeal rights. Councilmember Sanger stated that she is not in favor of this type of policy and that the city should rely on the non-discriminatory laws already in place. If this policy were in place, a person would be protected from eviction. She asked why the city should decide which tenant would receive the housing because another low-income tenant would replace the evicted one. Councilmember Brausen stated that he liked the rent increase component. He pointed out this would be a way to prevent landlords from making unreasonable increases in rent, and he is in favor of this. He continued that it lays out the laws for eviction and preserves affordable rent. He added that there are state statues in place, and evictions would only occur for bad behavior and not for non-payment of rent when there is a rent increase. Councilmember Mavity stated she is in favor of moving in this direction, adding the devastation was awful for the Meadowbrook families, who had lived there for many years. She noted these people were willing to pay, but the recertification process and increased rent forced them to move. She stated that a public hearing is in order and a conversation with owners and renters is warranted. Councilmember Mavity added that while upgrades are needed in rental units, having no protections to keep landlords from kicking people out cannot be tolerated. The city needs to figure this out, move forward and act. She added this is an enormous problem and is having an effect on affordable housing. She stated there is a need for a regional response and more resources, as well as cooperation with other cities. Councilmember Miller stated that apartments near his home have raised rents recently, and people have had to leave. He added he prefers that tenants have more notice, and an ordinance would help with that. Councilmember Lindberg noted there will still need to be robust conversation on the number of units impacted by this ordinance, and it will be important to define multi -family housing and what we are trying to preserve. He added that this policy and its enforcement need more conversation. Mayor Spann agreed and indicated that he is interested in further discussion. He stated he had conversations with many folks who lived at Meadowbrook, noting that leases were changed with Study Session Minutes -4- June 12, 2017 a 30 -day notice when kids were in school. There needs to be a reasonable balance on this. He added that we cannot prevent eviction, but when a tenant is making their rent payments, and owners decide to raise the rent for improvements, it seems like an arbitrary decision. He added there is a need for renter protections, especially when school -aged kids are impacted. Councilmember Sanger agreed with Councilmember Mavity, adding this is a region -wide problem and not only the responsibility of St. Louis Park. She also agreed with Mayor Spano regarding kids in school, adding she would want to tailor this policy. She added, however, that the council needs to be careful what they wish for. If the city starts telling landlords they cannot raise their rents after they improve their properties, we will see landlords going back to month- to-month versus one-year leases. She is interested in a different approach, which is protecting affordable housing by giving incentives to landlords in the form of discounted loans from the city to repair their NOAH buildings. She stated this will have a more positive impact on the area. Councilmember Mavity stated she has an interest in community stability, adding the city cannot have 500 families at one time moving in and out of the school system. Ms. Schnitker stated more information will be forthcoming to the council in the near future 3. Fastpitch Softball Facilities Ms. Walsh presented members of the Park and Recreation Advisory Commission (PRAC), who will share their recommendation based on the results from the task force process that was used to study fastpitch softball facilities in St. Louis Park. The task force, chaired by Elizabeth Griffin from the PRAC, included Tiffany Hoffman, Andy Ewald, Tom Bravo, Sara Collins, Charlie Gross and Amy Burns. The task force was formed to look into creating additional softball fields or to use fields all in the same location. Additionally, it was noted that Candace Amberg from WSB was hired to assess the current number of fields available given the number of participants in the softball program, as well as to lay out options of where additional fields could be constructed. Ms. Griffin stated that the PRAC recommended to the City Council that staff be directed to work with the school district to explore constructing fastpitch softball fields at the Middle School site, identified as Option 2A in the staff report. She noted that it was a 7-0 vote to make this recommendation to staff. Ms. Griffin noted that the PRAC studied the gender equity, which includes access for all to a full range of opportunities to participate in sports and physical activities. She stated that the PRAC is committed to moving gender equity forward in St. Louis Park. PRAC does not see this as a gender equity issue. Mr. Gross thanked the PRAC for their work on this; however, he felt in the end the PRAC is off - base with their recommendation of the Middle School site. IIe stated the softball association does not agree that this is the best option for the girls of St. Louis Park, adding this is not close to being equitable. He noted there are 9 fully fenced dugouts with well-maintained baseball fields, and there is one softball field and a half field at Pennsylvania, reiterating this is not equitable. Mr. Gross added that baseball has a 70 -year history in St. Louis Park, and while the task force does not expect anyone to lose space over this issue, the girls' softball program is 27 years old and is moving forward quickly. While the girls program does not need 9 fields, a couple more that are dedicated to softball would be helpful. He added the task force recommends option 1A at Aquila. Study Session Minutes -5- June 12, 2017 Councilmember Miller stated he has been close to this process. He thanked the commission and stated that girls' softball is growing significantly, both in St. Louis Park and across the nation. He added that his concern with the Middle School site is that while the city has good cooperation with the school district, it is not city land, adding he also is concerned the girls' teams are not as much of a priority as the adult co-ree teams. Councilmember Miller added that lighting is important at the fields, and the Middle School option does not include lights. He stated that he looked at all the proposals and added the cost of lights into each, noting that the Aquila option and the Middle School are close in costs. He added that a decision needs to be made for 2018, but he is an advocate for the Middle School option with the three fields. Councilmember Sanger stated one thing was omitted from the report, which is the idea of the boys' baseball teams sharing their fields with the girls' softball teams. If we are going to talk about gender equity, it is time for the boys to share. She asked to what extent this option had been explored. Ms. Walsh stated that baseball and softball are two very different games, and the boys' fields would not work for the girls' sport, unless they were redesigned. This would then take away from the boys' sport, and that cannot be done. Ms. Walsh added that the city cannot penalize the boys' program, noting they have very strong numbers and a very long history in the city. Councilmember Sanger stated she is interested for the girls' sport to have a home and equivalent amenities with lighting. She added that a plan B is needed if no arrangement can be made with the school district. Mr. Gross stated the PRAC voted 7-0 on the Middle School option and voted for Aquila as the second choice. Councilmember Mavity agreed there must be equity for both boys' and girls' programs. She noted her own experience playing girls softball and baseball and appreciated that so much work has gone into this issue. She asked if 4 fields are needed to do a softball tournament and if this is one reason why more tournaments are not hosted in St. Louis Park. Staff answered that fields are currently adapted with temporary fences so that tournaments can be played at Aquila. Councilmember Hallfin stated there is no need to have 4 fields to host a tournament. Mr. Gross added that a tournament can be run at various sites, but people do not want to travel around. Without 4 fields, the city would not be able to host state or qualifying tournaments, adding other teams are not impressed by St. Louis Park's older facilities. Councilmember Mavity stated the city needs quality fields to compete, adding she is in favor of the Middle School site. However, she pointed out that Aquila has lights in place already, which can be improved upon over time, so it would make sense to move forward on that option, especially if the school district does not move quickly. She added that she is torn on this decision, and wants to address the gender equity issue for other sports, as well, including lacrosse. Councilmember Hallfin thanked citizens for the great turnout and stated he wholeheartedly agrees there is a need for girls' softball fields. He added it is unfortunate that boys are being pitted against girls in this issue. Councilmember Hallfin added that the city uses a lot of school district facilities and asked staff for data on that. He added if the schools use more city fields, then the city can present that fact when meeting with the school district. He stated his favorite option with or without lights is the 3 fields at Dakota Park, which would be a great community Study Session Minutes -6- June 12, 2017 spot. He noted that the youth associations should be asked to share in the costs, as well. Mr. Gross stated that they are. Ms. Griffin noted there is concern about the soil at the Dakota Park fields and there would need to be soil sampling done first. Councilmember Lindberg stated this should not be an `us versus them' conversation, and asked how to create an inclusive environment where we increase equity, collaboration, and cooperation. He added that girls' fast pitch needs a home. That is the end goal. He stated he is not in favor of moving to Aquila and would like to pursue the Middle School recommendation, adding there should also be a timeline. Councilmember Lindberg stated there needs to be a conversation with the school district soon, while making sure to not displace others in this process. Councilmember Brausen agreed with all that Councilmember Lindberg said and thanked all those involved for their work on this project. He stated the city has a finite number of fields and limited options to consider, adding the city should follow the recommendations of the task force. Mayor Spano stated that while Aquila is a good option, the recommendation of the Middle School fields should be the option to discuss with the school district. He added this should not be delayed, and he would support another option if the Middle School does not work out. Councilmember Miller stated he respects the commission's findings. He would like to talk to the school district first, adding lights to that option, and have the alternative plan be Aquila IA, while deciding on a timeline this evening. Mayor Spano stated he is not prepared to make a second choice. With the new school district superintendent coming soon, he would like to hold off. Councilmember Lindberg added he is not prepared to make a decision tonight, noting the Aquila choice affects his ward. A solid community engagement process is needed if the decision is made to pursue Aquila fields. Councilmember Brausen added he is not in favor of the Aquila option and would like to look at the recommended option first. Councilmember Sanger asked how long it would take to construct the fields. Ms. Walsh stated it would take one year to re -construct the fields. Mr. Harmening stated that at best, construction could start in the fall, and the fields would be out of commission for one year. Ms. Walsh added that none of this is ready to go yet, and spring of 2019 is the earliest the fields could be ready. Councilmember Sanger asked what the source of funding is for the project. Mr. Haimening stated the city would pursue as many grants as possible, including Hennepin County sports funding grants, along with GO bonds. Councilmember Sanger asked if some financial information could be presented when this comes back to the council. Study Session Minutes -7- June 12, 2017 Mayor Spano asked if it would be possible to have a conversation with school board within the next 10 days. Mr. Harmening stated the superintendent and school board are open to talking about the Middle School site, adding he will work to set up the discussion. It was the consensus of the city council to talk to the school district within 10 days and have further discussion at the next study session. 4. Westwood Hills Nature Center Project Ms. Walsh noted there were 11 proposals for the Westwood Hills Nature Center project, which were narrowed down to 6. She stated staff is pleased to present HGA Architecture firm to the council, noting that council will be presented with the opportunity to provide approval of the contract at the June 19 meeting. Ms. Eagan, Ms. Blankfard, Mr. Waguespack from HGA Architecture presented. They noted their firm has worked with St. Louis Park on past projects, including the Community Center. Additionally, they stated the nature center project will kick off in August, 2017, with plans to open in 2020. Mr. Waguespack presented the firm's approach and strategies related to the project, noting there will be use of energy saving solar, wind, and water for cooling and heating. He stressed that the building will be as energy efficient as possible. Councilmember Miller asked if there are other ancillary areas that need to be improved so that opportunities are not overlooked. Ms. Eagan stated the firm did look at way -finding trails and landscape design, along with enhancing the turtle pond. She added that they will also explore using existing trails, while including some modifications. More details will be presented at the June 19 meeting, including HGA contract information and design development. The meeting adjourned at 9:30 p.m. Written Reports provided and documented for recording purposes only: 5. Proposed Development — 9808 and 9920 Wayzata Blvd (former Santorini's site) 6. Alternative Development Concept Plan for "The Elmwood" Mees*IKenned , City Clerk