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HomeMy WebLinkAbout2018/04/16 - ADMIN - Minutes - City Council - RegularAI/St. Louis Park OFFICIAL MINUTES M I N N E S O T A CITY COUNCIL MEETING ST. LOUIS PARK, MINNESOTA APRIL 16, 2018 Call to Order Mayor Spano called the meeting to order at 7:35 p.m. Councilmembers present: Mayor Jake Sparc, Tim Brausen, Steve Hallfin, Rachel Harris, Anne Mavity, Thom Miller, and Margaret Rog. Councilmembers absent: None. Staff present: City Manager (Mr. Harmening), City Attorney (Mr. Mattick), Fire Chief (Mr. Koering), Deputy City Manager/Human Resources Director (Ms. Deno), Planning/Zoning Supervisor (Ms. McMonigal), Community Development Director (Ms. Barton), City Planner (Ms. Monson), Senior Planner (Mr. Walther), Housing Supervisor (Ms. Schnitker), Housing Programs Coordinator (Ms. Olson), and Recording Secretary (Ms. Wirth). Guests: St. Louis Park Parktacular Ambassadors and others. la. Pledge of Allegiance Ib. Roll Call 2. Presentations a. Retirement Recognition Resolution for Part -Time Firefighter Nicola Typpo Mayor Spano presented a resolution to part-time firefighter Niki Typpo recognizing her 20 years of service to the City of St. Louis Park. Fire Chief Koering extended his appreciation and stated the department will be retiring Ms. Typpo's name plate and badge so her legacy is intact with the City of St. Louis Park. He read a plaque of recognition and presented it to Ms. Typpo. Ms. Typpo thanked all in attendance for their support, friendship, and love, stating it was an amazing experience. She also thanked all who helped her be part of the St. Louis Park Fire Department. b. St. Louis Park Parktacular Ambassadors Introduction & Recap of Year Maggy Meyers, Parktacular co-director, provided a recap of the Ambassador's year representing St. Louis Park. The Ambassadors attended 80 events such as parades, coronations, and community service projects. She thanked the city for their support of this program and invited City Council Meeting -2- April 16, 2018 the council to the coronation and the June 13, 2018 senior dinner, which is the kickoff to Parktacular. Ambassadors Jasmine, Autumn, and Adrianna introduced themselves, thanked the city council for supporting Parktacular, and described their favorite events. Councilmember Brausen thanked the Ambassadors for their service, noting it represents the best of St. Louis Park Councilmember Rog congratulated the Ambassadors on participating in 80 events, noting it is a wonderful youth development program and also thanked the leaders of this program. Mayor Spano commented on how often he has seen Ambassadors at community events and extended the city's appreciation for their representation of St. Louis Park. C. City Volunteers and Boards and Commissions Volunteers Proclamation Mayor Spano read a proclamation recognizing and thanking the city's volunteers, board, and commission member for their service and declaring April 20, 2018 as Volunteer Recognition Day in the City of St. Louis Park. He extended the city council's appreciation for their service to St. Louis Park. Councilmember Brausen thanked the city's over 1,300 volunteers who contribute over 10,000 hours of their time and talent, stating it is a blessing to the community. d. 411 Annual SLP Earth Day Community Meal and Town Visioning Proclamation Mayor Spano read a proclamation declaring the 0' Annual SLP Earth Day celebration on April 24, 2018 at the St. Louis Park high school cafeteria. Lindsey Prestholdt, a senior high school student, SLP SEEDS' Youth Board Member, and Earth Day Community Meal Event Co -Chair, introduced herself and described her volunteer involvement with these organizations. She stated they had brought a petition including 600 signatures addressing food equity and this year would like to add another 200 signatures to that petition. She invited the council to SLP Earth Day events on April 24, 2018 and described the activities that will take place. Lynda Enright, District School Nutrition Advisory Committee (SNAC) Member, registered nutritionist, and Health in the Park Better Eating Champion, introduced herself and Sharon Lehrman and described their background as dieticians and work to raise awareness related to mental health issues and physical activities. They are advocates for better eating in schools and throughout our community, as well as funding a referendum for improved kitchens. She stated now is the time and they will be submitting a petition next month to address food insecurity and food inequity to eliminate hunger by addressing it in the 10 -year plan and making it a priority. Sarah Wilhelm Gathers, Human Rights Commission Chair, indicated she was thrilled to partner in this event and stated support to have this conversation about equity in the city, noting the other human rights commissioners are also behind this effort. Ms. Wilhelm Garbers announced and invited all to attend the community conversation on April 24rs City Council Meeting -3- April 16, 2018 e. Recognition of Donations Mayor Spano announced and expressed thanks and appreciation for the donation by the Rotary Club of St. Louis Park in the amount of $1,000 for the recreation division's summer conceit series. 3. Approval of Minutes 3a. Study Session Meeting Minutes of March 26, 2018 It was moved by Councilmember Mavity, seconded by Councilmember Miller, to approve the March 26, 2018 Special Session Meeting Minutes as presented. The motion passed 7-0. 3b. Special Study Session Meeting Minutes of April 2, 2018 It was moved by Councilmember Miller, seconded by Councilmember Rog, to approve the April 2, 2018 Special Study Session Meeting Minutes as presented. The motion passed 7-0. 3c. City Council Meeting Minutes of April 2, 2018 It was moved by Councilmember Harris, seconded by Councilmember Miller, to approve the April 2, 2018 City Council Meeting Minutes as presented. The motion passed 7-0. 4. Approval of Agenda and Items on Consent Calendar 4a. Adopt Resolution No. 18-060 to recognize Part -Time Firefighter Nicola Typpo for 20 years of service. 4b. Designate Peterson Companies, Inc. as lowest responsible bidder and authorize execution of an agreement with the firm in the amount not to exceed $951,326.38 to redevelop the girls fast pitch softball fields in Aquila Park. 4c. Approve a Temporary Liquor License for Heilicher Minneapolis Jewish Day School for their Annual Meeting to be held on June 7, 2018, at the Sabes Jewish Community Center, 4330 Cedar Lake Road in St. Louis Park. 4d. Approve a Temporary On -Sale Intoxicating Liquor License for Finnegans Community Fund at Gamble Drive and the adjacent privately -owned parking lot in West End for June 02, 2018. 4e. Adopt Resolution No. 18-061 providing for the Sale of $8,800,000 General Obligation Bonds 2018A. 4f. Adopt Resolution No. 18-066 supporting the City of St. Louis Park's application for becoming a 2018 — 2019 Minnesota GreenCorps Member Host Site. City Council Meeting -4- April 16, 2018 S. 4g. Adopt Resolution No. 18-062 authorizing fund equity transfers. 4h. Adopt Resolution No. 18-063 approving acceptance of a monetary donation from the Rotary Club of St. Louis Park in the amount of $1,000 for the Recreation Division's Summer Concert Series. 4i. Adopt Resolution No. 18-064 approving the Fifth Amendment to the Contract for Private Redevelopment with Central Park West, LLC and the modification to the CPW Phase II Assessment Agreement. It was moved by Councilmember Mavity, seconded by Councilmember Brausen, to approve the Agenda as presented and items listed on the Consent Calendar; and to waive reading of all resolutions and ordinances. The motion passed 7-0. Boards and Commissions - None 6. Public Hearings 6a. First Reading of Ordinance Amending St. Louis Park Home Rule Charter Sec. 12.08 Related to Voting Method Sara Maaske, charter commission chair, stated when this was brought to the charter commission, a series of six meetings were held to discuss Rank Choice Voting (RCV) starting October 24, 2017. Staff collected and provided data from past years, the commissioners reviewed that material and asked questions of staff. The charter commission convened December 6, 2017 to review additional information and delegated to an executive committee, plus two additional members, to put together a proposal for a public process to consider RCV. The executive committee presented their proposal to the charter commission in January of 2018 that included an expert panel meeting and a listening session. Terry Dwyer, charter commission secretary, stated the first meeting in the public process was held with a subject matter expert panel, selected by the charter commission, who answered an extensive list of questions prepared by the charter commission and covered 90 minutes of testimony. On March 6, 2018 the charter commission held a public listening session where the public was welcomed to speak. There were at least 25 participants at that session and almost all spoke in favor of RCV. Mr. Dwyer stated the charter commission met on March 13, 2018, expressed final thoughts on the process, and voted 10 to 2 in favor of forwarding a recommendation to the city council to amend the city charter to permit RCV. Councilmember Mavity stated the matter before the council tonight is to vote for or against RCV. She asked whether the charter commission's deliberations got into implementation of RCV in terms of top three, top six. Ms. Maaske stated the chatter commission did not get into details of implementation. City Council Meeting -5- April 16, 2018 Mayor Spano opened the public hearing Diane Steen-Hinderlie, 2829 Yosemite, referenced comments of Tom Freedman, a famous analytical journalist from St. Louis Park, noting the initial stirrings for a RCV campaign may have been when he spoke to a packed auditorium at the high school last spring. Mr. Freedman had said RCV was the next best step for democracy to take. Ms. Steen-Hinderlie stated she hopes the council will unanimously support it. Ms. Steen- Hinderlie stated if the voter was able to rank as many as one desires, there is likelihood you will take a chance on a woman, ethnic minority, blue collar worker, or someone with a disability. She encouraged the council to have St. Louis Park be the model for cities who update their election process. Elaine Savick, 7708 W. 13'/2 St., a resident since 1979, stated she has been an election judge for many years and thanked the council for eliminating municipal primaries. She felt RCV will inspire more people to come to the polls and Professor Schultz had inspired her as he said RCV increases voter turnout, as it did in Minneapolis and St. Paul, which is a good thing for representative democracy. Professor Schultz stated RCV also elects candidates by the majority of voters. Ms. Savick thinks RCV will make St. Louis Park an even better city and asked the council to move forward with adoption as soon as possible. Katherine Christoffel, 3920 Excelsior Blvd., #431, stated about a year ago she was attracted in part to the city by its reputation for open mindedness and diversity and she was delighted to learn RCV may be coming to St. Louis Pant Now she is learning more about RCV and urged the council to make it the law of the land. Ms. Christoffel called attention to the most compelling benefits of RCV: positive influence on voting processes and outcomes, as it has been proven to increase voter participation and voter diversity. It assures the winning candidate is the consensus candidate (instead of the lesser of two evils), it encourages all candidates to reach out to all voters and thus expanding the range of issues each candidate must address, and moderating the tone in which they are addressed. She noted some have argued to block RCV on complexity grounds, but she thinks rank choice has become natural in our time as we make rank choice decisions when shopping, ordering at a restaurant, etc. RCV is clearly feasible, as experienced elsewhere, and advice on means are readily available to put RCV into effect here. She has been struck by the `whiteness' of the bodies here even though the city has a substantial minority population. She noted at the charter commission most spoke in support and this is an opportunity to approve RCV for upcoming elections. Julia Davis, 2810 Xenwood, spoke in support of RCV, stating she hopes St. Louis Park joins the communities that have already adopted RCV as it encourages civility in elections. Since candidates need to avoid negative campaigning, they need to appeal to voters who may support another candidate to gain a third or fourth rank and potentially gain a seat. It will increase the diversity of elected officials to more accurately reflect our demographics by allowing third -party candidates to be considered. It encourages a more complex and nuanced approach to issues as both voters and candidates will need to listen more closely to the full range of opinions of election issues. Ms. Davis stated she is excited about his prospect and thanked the council for their consideration. City Council Meeting -6- April 16, 2018 Zaylore Stout, 4942 N. 61h St., Minneapolis, a former council candidate and human rights commissioner, stated St. Louis Park has been at the forefront to address race equity issues. The city has participated in a year-long program regarding race equity with goals to gain better understanding, analyzing policies and practices from a race equity perspective, strategizing with others in how government can advance race equity, hired a race equity coordinator, and won the League of Minnesota Cities president's award for its commitment to this issue. He asked the council to continue that work and think about RCV from a race equity perspective and lens. He noted the future of diverse candidates who look like him cannot campaign on their ability to purchase their grandparents' home in St. Louis Park, having lived in St. Louis Park for 40 years, or as a third -generation St. Louis Park resident because the practice of redlining, which occurred through 1946, prohibited the sale of homes to certain minorities. Mr. Stout stated RCV helps counteract systemic inequalities in the voting system with disenfranchised or discouraged minority voters in the electoral process as candidates or as voters. Mr. Stout stated a failure to act on an important reform like this leads us to believe the city is giving `lip service' to the important issue of equity and equality that it is championing in other areas. He stated the city's government needs to reflect the community they are tasked to represent, and RCV is an important step in making that aspiration a reality. Roger Cruze, 3953 Xenwood Ave. S., spoke against RCV because he found it was not good government and does not promote diversity in government. As an example, he noted if the Republicans had used RCV in the nomination process, Ted Cruz would have been the nominee, not Donald Trump. Mr. Cruze stated he would be surprised if 2% of the voting population actually know how RCV works. Anyone knows how to put a number against a candidate but they do not know what it means. He felt that anyone who says RCV supports, promotes, or fosters diversity in politics doesn't know how it works because the first thing that happens when the vote is counted is that diversity gets eliminated. Mr. Cruze noted that last month someone came from Minneapolis said they had a high voter turnout because of RCV and that's nonsense. He believed the candidate did their job, ]mocked on a lot of doors, and got a lot of people interested. That's the cause of high turnout, it wasn't causal, it was coincidental. Also last month, someone from North Minneapolis who was a candidate said he was elected by RCV but, rather, he was elected because he got people to vote for him and in a runoff election, he would have won handily. He believed RCV is good for incumbent politicians but bad for the rest of us because we will know less about the politicians and it will be much harder to change regimes. Mr. Cruze asked the council to please not adopt RCV for St. Louis Park as it is not good government. Suzann Willhite, 3905 Glenhurst Ave., a 20 -plus year resident, stated she served as an election judge for several years, likes high voter turnout, and believes representative democracy is based on an informed and engaged public. She supports RCV for voter reform, participation, representation, more positive campaigns. Ms. Willhite stated she has done door knocking to get people out to vote, but it is a challenge when they say their vote doesn't matter or there is no candidate they support, which she sees in her own family. She thinks RCV gives voice to people who feel they don't have good choices or City Council Meeting -7- April 16, 2018 the candidates don't represent them. Ms. Willhite stated we need a reform in voting to engage more public in voting. She supports RCV for state and national elections and urged the council to vote unanimously to support. Dorothy Doyle, 3041 Marilyn Ave. S., a 27 -year resident, stated her support for RCV. As an example, she commented that a few years ago there were four great candidates running for Hennepin County commissioner. She attended a debate where each made great points about county issues including transportation, parks and housing. Ms. Doyle stated it was agonizing to narrow it down to only one so ranking would have served her well at that time. It would have made the investment of her time to learn about the candidates even more valuable because she would have had more input into the outcome. Ms. Doyle asked for the council's unanimous approval of RCV because of its potential to improve and reward democratic participation. Sean Brown, 4228 Salem Ave. S., stated when he learned the council eliminated primaries, he was perplexed and frustrated the decision wasn't made to then include RCV. He noted when you eliminate primaries, have multiple candidates, ask for one election and chance for voting, then you can have a split vote or elect a person who may not be backed by the majority of voters in the district. When the charter commission considered RCV, he stated he had come to the meeting with a `chip on his shoulder' but now wanted to thank them for their careful work to evaluate this. After learning more about it, he does not think there is a good reason to not support it. He urged the council to support it. Susan Niz, 2800 Alabama Ave. S., stated St. Louis Park should support RCV because it will nurture the election process in which the merit of an individual will hold more weight than their circumstance of privilege, campaigns will be more civil and sincere, and they will build relationships. She felt that in St. Louis Park, people of color are not represented in our government. She asked the council to reflect back to when they decided to run for public office and the campaign tools they packed like experience, communication, passion, commitment, and vision for a better community. Ms. Niz stated community engagement needs to happen not only at city hall but also at Oak Park Village Apartments, Meadowbrook Apartments, Louisiana Courts Apartments, and in the hearts and minds of every resident of our city. Ms. Niz stated then, that minority candidate can pack her campaign suitcase with the same tools including her passion, talent, vision, next to another important tool - opportunity, which is the proactive flip side of privilege. She felt RCV is extremely important because it is a systemic change, a policy change, and does not rely on sentiment or intention to be effective. It shifts the structure of our democracy just enough to nudge open the door and create opportunity, which counters privilege, work to repair inequity, andbuilda city that lives up to the sentiment that all are welcome here. Michael Faeth, 3517 Pennsylvania Ave. S., stated he is a local middle and high school social studies teacher. He explained why it is difficult and depressing to teach elections due to there being a limited number of candidates, lack of diversity, ideologically and racially. He stated it can also be chalked up to money and politics, special interest groups, City Council Meeting -8- April 16, 2018 though that may not be much of an issue at the local level. Mr. Faeth stated it is hard sometimes to explain to students why there is a lack of voter turnout, not enough people running for local offices, or how people in local municipal offices came to be where they are today. He stated it is hard to explain why nobody who looks like they look sit in positions of power. He noted that while RCV is not a panacea of those problems, he thinks anything that nudges us towards an acknowledgement of opening the gates for different people, for third parties, or gives nod to saying we are open to competition, a voice you have not heard before, or to something that you do not expect to see. He stated RCV may give acknowledgement to the attempt to create a system that is more equitable, fair, and arguably more just. He asked the council to vote on that behalf. Debbie Blake, 4091 Colorado Ave. S., a resident since 1972, stated she is a strong advocate to adopt RCV because she is convinced it will result in more candidates running, citizens coming to polls, more diverse candidates, and give voters more diverse choices, which makes elections more competitive and gives voters more reasons to turn out. Ms. Blake stated in cities where RCV is used, voter participation is on the rise, such as in Minneapolis and St. Paul where voter participation was at a nearly 20 -year high. She stated RCV encourages more people and diverse populations to vote so their voices truly are heard and that should be a top civic priority. In addition, candidates engage more voters and run a campaign that centers on ideas and policy discussions rather than mudslinging. Ms. Blake stated she thinks our democracy is in peril nationwide and RCV will address this disengagement. She stated RCV can play a small role in St. Louis Park to help build a better system. She hopes the council will vote to adopt RCV and continue the city's legacy in smart government and community leadership. She noted you can't change the entire country, but you can be a positive voice in how we elect local leaders and that might inspire others to follow our example. Olaf Jorgenson, 2737 Alabama Ave. S., stated he attended the charter commission meetings and is an advocate of RCV, noting only one commission member was skeptical about RCV and bad asked the panel why it would matter if a city like St. Louis Park adopted RCV since it is unlikely to have a hotly contested six -candidate mayoral election, so what is the difference. Mr. Jorgenson stated as a Ward 1 resident, he participated in a primary election for city council last year and while RCV would not have altered the outcome, it would have made a difference in who finished second and the actual vote breakdown. He stated this is important if you want the best people on the ballot because if on the ballot, you can win on Election Day. He stated the council needs to approve RCV so after a few more years, when others adopt RCV, then it can move to the state level. Deb Brinkman, 4327 Alabama Ave. S., a 30 -plus year resident, stated she is speaking on behalf of the League of Women Voters of St. Louis Park. She described the League efforts relating to election issues, empowering voters, and improving government. The League supports RCV as it is a positive approach to increase voter participation, engagement, and improve voter representation. She stated following an exhaustive study of various election methods in 2005, the League of Women Voters Minnesota supports the use of RCV in local and state elections. It is also supported by the League of Women City Council Meeting -9- April 16, 2018 Voters St. Louis Park, Senate District 46 DFL, and the St. Louis Park human rights commission. She stated they are happy with the charter commission's favorable review of RCV. Ms. Brinkman stated there have been dozens of resident letters in the Sun Sailor in support and hundreds of residents have participated in community events to learn about RCV. Education plays a key role in those percentages and the League of Women Voters St. Louis Park and League of Women Voters Minneapolis are committed to providing ongoing education at a grass roots level. She stated the St. Louis Park charter gives us the authority to govern and administer our own elections and respectfully requested the council's unanimous approval of RCV. Bruce Fisher, 4359 Browndale, stated his parents moved to St. Louis Park in 1948. He had graduated from high school, moved away, and then moved back. Mr. Fisher noted there is not much more to say and he thinks the conversation boils down to helping open the ballot with more candidates with more diverse points of view, it promotes consensus, with a greater potential for a majority winner, and efficiently and effectively combines the primary with the general election. Mr. Fisher stated it will be less expensive since the primary has been discarded and this is a more efficient way to conduct elections. He hopes the council votes it in. Justin Grays, 6405 W. Franklin Ave., stated change begins at home and St. Louis Park is our home. He stated in the presidential election, the president received 27.3% of the vote. He noted that matters because it says the system endorses minority rule, but he wants a system that encourages everyone to have a voice in the system and have someone in office who represents the broadest possible population base. He felt St. Louis Park also needs RCV to encourage other municipalities and states to have it, noting that things flow up, so when you make a change at home, it goes up until eventually it hits the federal level and we all have RCV. He encouraged the council to support RCV, noting eventually change will happen. Karl Gamradt, 3347 Virginia Ave. S., stated every new experience is a lesson in life and the big question is whether or not you actually learn the lesson. Mr. Gamradt stated in 2016, the presidential election was a new experience, some of which was the race itself, the fact the majority of people did not vote for the guy who took office, and the overall tenor was awful. Last year in Minneapolis, despite what was said tonight about regime change, RCV was in place and a lot of 20+ year candidates got unseated and the data supports there was a lesson learned in Ward 3. Mr. Gamradt stated now the big concern unresolved in St. Louis Park is the fact that our elections are inherently different and not contentious as people generally get along, but as seen in 2016 you can't guarantee that is always going to be the case. He asked whether we will learn the lesson or keep the present system and hope it stays business as usual. He stated the council has the opportunity to make that change and encouraged them to make it. Gail Dorfman, 4200 Forest Rd., thanked the charter commission for moving RCV forward as it engages more voters in the critical aspect of civic participation, something this city has long valued. The council's decision to eliminate the primary made sense and she felt this was the next step that also makes sense. She noted the blueprint to implement City Council Meeting -10- April 16, 2018 RCV already exists, it is efficient and cost effective, and has worked well in other communities. She stated her hope the council decides to move this forward tonight. Sara Wilhelm Garbers, 3212 Idaho Ave. S., reminded the city council that in September, they received a memo from the human rights commission indicating they unanimously voted to lend their support to RCV. She encouraged the city council to do so as well. It was noted the following were not in attendance; however, had provided testimony via e-mail: Jim Leuthner, 3128 Florida Ave. S.; Mary Armstrong, 2565 Xenwood; Catherine Gray, 2700 France Ave. S.; Douglas Johnson, 4093 Utica Ave. S.; Honorable Jacob Frey, Minneapolis Mayor; and, Tim Bardell, 2333 Parkwoods Road. Mayor Spano closed the public hearing. Councilmember Harris asked if RCV passes, what resources are available to help with voter turnout and candidate development for minority and indigenous folks. Mr. Harmening stated if RCV passed tonight, there are a lot of folks here tonight who will get the word out about RCV. More traditional supporters are the League of Women Voters, , neighborhood leaders and staff. He explained the council first needs to write the rules for RCV and once that is in place then the city will get the word out before November of 2019 assuming all of the technical pieces are in place and approved. Mayor Spano stated in his work at the Secretary of State's office, staff has said that turnout is driven by candidates and how engaged voters are in their candidate. He thanked the charter commission for their careful work to evaluate RCV. It was moved by Councilmember Brausen, seconded by Councilmember Rog, to approve First Reading of an ordinance amending the St. Louis Park Home Rade Charter by adding Sec. 12.08, Voting Method to allow for the use of Ranked Choice Voting in municipal elections. Councilmember Brausen stated RCV is a fair and equitable system and the review process has been fair and thorough, noting the charter commission reviewed it and citizens voiced approval by a large majority. Councilmember Brausen stated he supports adopting RCV without need for referendum. He noted he had replaced an African American woman when elected to the city council when she recruited him to run after she had trouble recruiting a candidate of color. Councilmember Brausen restated his support for RCV and encouraged candidates of color to run for office. Councilmember Miller thanked the charter commission for their careful work. He felt there were a lot of reasons to support RCV and he can't articulate better than those who voiced their comments tonight with a focus on creating an environment for people of color to run for office through a number of means, including the ability to vote for a non - establishment candidate. This council and staff have been working for several years to move our city forward in terms of race equity including training, exercises, and hiring a race equity coordinator. He explained he is impatient and likes to move faster by getting City Council Meeting -11- April 16, 2018 leaders in our organization who are of different colors. Councilmember Miller explained if this does not pass unanimously tonight, then the next step would be a referendum to the voters, but he would rather not wait. In addition, there is talk in the State Legislature about preempting a city like ours from instituting RCV. He stated if this is not passed tonight, it feeds the perception that RCV is controversial and should not be left up to cities to decide. Councilmember Miller stated he supports the ordinance. Mayor Spano asked the city attorney to talk through the referendum process. Mr. Mattick advised if it goes to a referendum, it could go on the ballot for a vote this November. Assuming it passed, then it would be worked on to get the technicalities in place and approved. Once that is completed the system could be used for municipal elections. Councilmember Hallfin asked if it does not pass tonight could a majority of the council vote to put it to a referendum. Mr. Mattick stated if it does not pass unanimously tonight, then a simple majority of the council can put it to a referendum. Councilmember Hallfin asked about the process if it passes unanimously and citizens don't want it. Mr. Mattick explained those citizens can submit a petition within 60 days and then council could decide to either let the issue die or move forward with a referendum. Councilmember Brausen asked if not passed unanimously tonight, can the council consider a motion to put it on a referendum immediately or would that have to occur at a separate meeting. Mr. Mattick advised it would normally be sent back to the charter commission so they could initiate it or the council can give the charter commission language for a recommendation. Councilmember Hallfin stated this is a tough decision and while everyone who spoke said it was a `no brainer,' to him it is a fundamental change in how the council is voting and fundamentally deciding how they themselves get elected. He explained he does not think RCV is a bad thing and ultimately may be good for St. Louis Park. But for the seven of them to say how they get chosen is his internal struggle. Councilmember Hallfin stated he has heard a lot of good information and is still undecided at this very moment so he would like to hear his colleague's thoughts. Councilmember Hallfin recounted those he had talked with, including several charter commissioners and stated the testimony of the high school teacher impacted him as students are saying the St. Louis Park city council is not representative of the community they serve. In addition, the endorsement by the League of Women Voters and human rights commission are huge. He explained what bothers him is when people say a more civil election will result because he has lived in St. Louis Park since 1967 and has never seen an uncivil election in the city. Councilmember Hallfin noted someone said you need to trust the voters to do this, but to him that is an argument to go to referendum to decide how the council is elected. Councilmember Mavity noted Councilmember Hallfin always takes the recommendation from the city's commissions into consideration. She stated she hears a lot that democracy is more at risk and to her it feels more at risk so having this conversation feels kind of sacred and she takes it seriously. She stated she appreciates the folks who have concerns City Council Meeting -12- April 16, 2018 about this, as does her husband. She understands those concerns and does not dismiss them lightly. In addition, it is critical to its success in how we educate people about RCV. She stated she has full faith it will be passed tonight. Councilmember Mavity emphasized that every vote matters and it is distressing that people think their vote doesn't matter. She recounted that in the mid-1990s she had lived in Russia four years, shortly after former Russian President Boris Yeltsin said they would start a democracy. While there, she worked on that effort and trained folks on elections. She felt that in the United States, we don't fully appreciate how precious this is as she remembers one meeting in Russia where folks were talking about how they had literally struggled their entire lives and been put in prison for the right to vote. Councilmember Mavity stated her support for any process to clear that way, bring people into the process, and inspire people to become involved. Councilmember Mavity pointed out that the city's charter, when written, envisioned this very moment and laid out a process for the council and charter commission to move this forward. That something this important would require 7 votes, so the charter already gives the power and authorization to do this. She stated the city has a path and a lot of organized support and if not, then they will come forward and the council can put this on a referendum, but she is not seeing that happening. Councilmember Mavity stated the council has already eliminated the primary, which was the first step to improve elections. But that was only the first step and if not doing RCV, then it is not as fair or inclusive as it could be. Councilmember Rog thanked the charter commission for their work and thoughtful debate, staff for responding to the charter commission and council's needs and questions, and the citizens. She stated she also feels this is a sacred moment, noting all who came to the podium had prepared thoughtful comments. Councilmember Rog stated she also received well -crafted e-mails that were 100% in support and she would like the opportunity to talk to the detractor. She stated she supports RCV, thinking the council is not picking how we get elected, but instead are opening the process, which should be done. She stated everything about RCV excites her and the person ultimately elected to the St. Louis Park council next, unless elected by more than 50% in the first round, will clearly represent more people in St. Louis Park. With that process, people will know their vote matters and people will become more engaged. Mayor Spano thanked the charter commission for their work on this matter and stated he is glad it was sent to an external body to talk about it. He stated he enjoyed the expert panel and found their observations to be helpful. Mayor Spano noted RCV talks about increasing turnout, reducing the power of money, increased engagement and civility, and assures we will have a majority -plurality issue, which in his opinion are all true and also not true. Mayor Spann stated he has seen elections with very high turnout without RCV and with RCV; very bitter elections involving RCV and bitter elections without RCV; and, RCV where the 50% vote getter did not get elected. He stated there are arguments that suggest correlation but maybe not causation and he feels it is alright to acknowledge City Council Meeting -13- April 16, 2018 that not every data point is met, yet it is difficult for some strong supporters of RCV to concede those points. Mayor Spano stated this issue, for him, is the position of the city on the issue of race and having a city council that represents the community. He stated he spoke to people of color or indigenous folks who were candidates or wanted to be candidates about why they ran and why they didn't win. One of the compelling arguments made was that people of color and indigenous folks lack a legacy in some of our communities. They have not lived here 40 years. Mayor Spano stated he did not run that way. For him, St. Louis Park was a destination city because his wife is from Duluth and he grew up in Kansas. They could have lived anywhere, but picked St. Louis Park. He stated he knows other candidates who have used those very same arguments, who are people of color, and it did not resonate. Mayor Spano stated he is not suggesting it didn't resonate specifically because of race but thinks there's a good chance that was the reason. Mayor Spano stated when he talked to them about their experience running, they argue that RCV lowers the barriers to entry and maybe they won't win on the first run but it will create name recognition and the experience of running for office. He stated he started to dial into this issue in particular. He described his study of 10-12 cities that use RCV in elections, ranging greatly in size, racial composition, and system of local government. Yet, every single one had a high percentage of people of color and indigenous folks on their council. He reviewed the ratios, noting St. Paul was the lowest with I out of 7 being a person of color. Mayor Spano stated in looking at this consistent data point, it tells him it may solve that problem, it is something St. Louis Park should have, and the only way to know if it will work is to try it. He noted approving RCV does not preclude a future council from determining that a different system works better. Mayor Spano stated he has been skeptical on many of the data points but based on this one, he will support RCV tonight. The motion passed 7-0. Mr. Mattick advised that second reading will be considered by the city council on May 7, 2018 and enactment will require another unanimous vote. If adopted, citizens can contest with a petition signed by 2,000 people or 5% of the electorate at the last election within 60 days. If a petition is not received, then the council will develop the details of what RCV will look like. 7. Requests, Petitions, and Communications from the Public — None 8. Resolutions, Ordinances, Motions and Discussion Items 8a. Tenant Protection Ordinance. Ordinance No. 2534-18. Ms. Schnitker presented the staff report. She stated the tenant protection ordinance requires a three-month period following the ownership transfer of a NOAH multi -family residential property during which the new owner is required to pay relocation benefits to City Council Meeting -14- April 16, 2018 tenants if rent is increased, existing residents are rescreened, or non -renewals are implemented without cause. NOAH properties would be defined as buildings where at least 18% of the units have rents affordable to households with incomes at or below 60% Area Medium Income (AMI) with 18% mirroring the percent of affordable housing required at 60% AMI per the city's inclusionary housing policy. Ms. Schnitker explained the three-month protection period provides time for tenants to seek out resources and alternative housing if rent increases are too high for them, re- screening is problematic, or the owner intends to do non -renewals without cause. The three-month tenant protection period starts at the time the new owner sends notice to the tenants. Ms. Schnitker stated a public hearing was held on March 5, 2018 at which a number of comments were received in favor with no comments in opposition. There were a few comments and questions by the council and the staff report provides those responses. She explained if the second reading is approved, the ordinance will be published April 26, 2018 and take effect July 1, 2018. Staff is drafting the necessary criteria to implement, monitor and enforce compliance of the ordinance. In addition, staff will develop a comprehensive notification process to ensure the St. Louis Park rental community, including owners, property managers, and tenants are informed and understand the requirements of the ordinance. Tenant assistance organizations and advocates will also be made aware of the ordinance. It was moved by Councilmember Miller, seconded by Councilmember Brausen, to waive the reading and adopt Second Reading of Ordinance No. 2534-18, amending Chapter 8, Section 8-336 of the St. Louis Park Code of Ordinances relating to a tenant protection period following the sale of an affordable housing building and authorize publication of summary ordinance. The motion passed 7-0. Councilmember Brausen stated his appreciation for the many hours and effort of staff, the rental community, land owners, property owners, and housing advocates. Councilmember Harris stated she is pleased with passing this naturally occurring affordable housing ordinance as many live in lower income housing and feel maxed out so she supports what the council can do as a policy making body to preserve their ability to stay in our community. She thanked her colleagues for preserving this housing. Councilmember Mavity stated this is the result of a lot of hard work and long negotiations between the landlord group and advocates, as well as a lot of good will that she appreciates in helping get to this resolution. She noted this is one tool the city can now use to help protect our residents so when a sale happens, they are not thrown out without notice or their rents raised summarily. It will provide time for advocates to work with tenants and while not a full solution, it is one tool she is delighted the city has. City Council Meeting -15- April 16, 2018 Councilmember Rog thanked all who made this possible as it is a step in right direction but there is more to do. She stated the city will need to track what happens and determine whether this is enough time for the tenant to get new housing. She noted there is one building in the city that is threatened with changes and increasingly the city will see more emerging threats to people who are appreciating affordable housing and proud and happy to have this. In addition, other communities are watching St. Louis Park and she is happy we are the leader on this issue. 8b. Approval of 2018 — 2023 Garbage, Recycling, Organics Recycling and Yard Waste Collection Contract. Resolution No. 18-065. Ms. Fisher presented the staff report regarding the designation of Waste Management (WM) as the contractor for residential garbage, recycling, organics recycling, and yard waste collection services (solid waste collection), noting the council authorized staff to obtain the lowest cost option for a five year contract. She reviewed the major changes in the 2018-2023 contract and described resident outreach efforts. It was noted the timeline, if authorized for signature, would be effective October 1, 2018, with changes to organics recycling and every -other -week (EOW) garbage service levels effective January 1, 2019. Staff will return to the council this summer to work out changes to solid waste rates in cooperation with finance staff and provide an update on communication and outreach efforts. Councilmember Hallfin noted you can also request a larger recycling cart. Ms. Fisher indicated that is correct, residents can choose a 30-, 60-, or 90 -gallon cart and may request an additional cart at no extra cost. Councilmember Harris stated the change with organics not being put with yard waste starts January 1, 2019 and asked for clarification on cart storage as some folks have smaller sized garages. Ms. Fisher explained that residents who participate in organics collection would need to make space for those bags of yard waste but the solid waste ordinance does not require all carts to be stored inside the garage. Staff will include that information in the program guide so that is communicated to residents. Councilmember Harris relayed that a family member had communicated with Ms. Fisher and found her response to be prompt and thoughtful. Councilmember Brausen noted that with every other week trash collection, the requirement is being engaged in the organics program. Ms. Fisher stated that is correct. Staff will work out the specific requirements and it may include backyard composting. Councilmember Brausen stated his support to consider organics composting. He noted the city council laid out the requirements they wanted in the contract and did not know the name of the contractor until staff's recommendation. Councilmember Mavity stated she supports the recommendation but is disappointed there is not every week recycling because the cost is too great for residents to pay. She stated her family does a lot of recycling and their bin is always overflowing, noting she learned City Council Meeting -16- April 16, 2018 to reduce, reuse, recycle but maybe there should be emphasis through educational materials to reduce, so it lowers what needs to be recycled. It was moved by Councilmember Brausen, seconded by Councilmember Harris, to waive the reading and adopt Resolution No. 18-065, which designates Waste Management (WM) as the contractor for residential garbage, recycling, organics recycling, and yard waste collection services (solid waste collection) and authorize the Mayor and City Manager to execute a contract with MWfor that service. Mayor Spano stated five years ago when this started, St. Louis Park was one of the first to have an organized curbside organics program and on occasions when he is speaking about other issues like sustainability and mentions the organics program, it receives applause. Mayor Spano noted that Hennepin County is now going to require it as part of their bid package for solid waste. He thanked his colleagues and residents who supported this action. The motion passed 7-0. 9. Communications Councilmember Harris commended the city's police department and street snow plowing team that use science and technology to quickly remove record snowfalls. She stated support to consider a recognition resolution. Following a short discussion on the positive comments the council has received, Mr. Harmening was directed to prepare a commendation resolution for consideration at the next council meeting. Councilmember Rog announced the upcoming Lenox Foundation fund raiser and SLP SEEDS event at Parkway Pizza that will include a talent show. Councilmember Harris announced the Climate Action Plan launch party kick off on April 22, 2018 from 2-5 p,m. 10. Adjournment The meglilrg adj Melissa