HomeMy WebLinkAbout2022/10/17 - ADMIN - Minutes - City Council - Regular Official minutes
City council meeting
St. Louis Park, Minnesota
Oct 17, 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: Nadia Mohamed
Staff present: City Manager (Ms. Keller), City Attorney (Mr. Mattick), Deputy City Manager (Ms.
Walsh), Director of Building and Energy (Mr. Hoffman), Finance Manager (Ms. Weller), Director
of Community Development (Ms. Barton) Communications and Technology Director (Ms.
Smith), Property Management and Licensing Manager (Mr. Pivec), Lt. Garland
2. Presentations
2a. Proclamation declaring November 2022 as Lung Cancer Awareness Month
Mayor Spano read the proclamation declaring the month of November as Lung Cancer
Awareness Month.
2b. Recognition of donations
Mayor Spano recognized the following donations:
$2,200 donation to the Parks and Recreations Department from Roger Schwartz and
Kathleen Rounds for a bench at Westwood Hills Nature Center honoring Kathleen
Rounds.
$2,200 donation from Mark Margolis for a bench at Westwood Hills Nature Center
honoring Mike Melokowski
$100 donation from Margaret Buray for enhancement in program needs at
Westwood Nature Center in memory of Arthur Clausen.
$500 donation from Claudia and Bill England for park and program enhancements at
Westwood Hills Nature Center.
$20 donation from Tracy Pepper for park and program enhancements at Westwood
Hills Nature Center.
3. Approval of minutes
3a. Study session minutes of July 25, 2022
It was moved by Councilmember Rog, seconded by Councilmember Kraft, to approve the
July 25, 2022, study session minutes as presented.
The motion passed 6-0 (Councilmember Mohamed absent).
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3b. City council meeting minutes of Aug. 15, 2022
It was moved by Councilmember Budd, seconded by Councilmember Rog, to approve the
Aug. 15, 2022, city council meeting minutes as presented.
The motion passed 5-0-1 (Councilmember Mohamed absent and Councilmember Kraft
abstained).
3c. Study session minutes of Aug. 22, 2022
Councilmember Brausen noted on page 1 it should read, “….cost of living/inflation…
expenses for the city have risen the same amount…”
Councilmember Kraft noted on page 2 it should read, “…like Councilmember Brausen,
but he has also heard from folks that are hurting….and indicated he is not comfortable
with it.”
It was moved by Councilmember Kraft, seconded by Councilmember Brausen, to approve
the Aug. 22, 2022, study session meeting minutes as corrected.
The motion passed 6-0 (Councilmember Mohamed absent).
3d. City council meeting minutes of Sept. 6, 2022
It was moved by Councilmember Rog, seconded by Councilmember Brausen, to approve
the Sept. 6, 2022, city council meeting minutes as presented.
The motion passed 6-0 (Councilmember Mohamed absent).
4. Approval of agenda and items on consent calendar
4a. Adopt Resolution No. 22-148 establishing the employer contribution for benefits
in 2023.
4b. Approve Ordinance No. 2656-22 establishing fees for 2023 as outlined in
Appendix A of the city code of ordinances.
4c. Adopt Resolution imposing civil penalties for liquor license violations. (This item
was removed from the consent calendar and considered as regular agenda as
item 8b.)
4d. 2023 budget and property owner services charges for Special Service Districts
I. Adopt Resolution No. 22-149 setting the 2023 Special Service District No.
1 budget and property owner service charges, accepting a contribution
from Parkshore Senor Campus and directing staff to certify the annual
service charges to Hennepin County.
II. Adopt Resolution No. 22-150 setting the 2023 Special Service District No
2. budget and property owner service charges and directing staff to
certify the annual service charges to Hennepin County.
III. Adopt Resolution No. 22-151 setting the 2023 Special Service District No
3. Budget and property owner service charges and directing staff to
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certify the annual service charges to Hennepin County and recertify
Special Service District No. 3 for another ten -year term.
IV. Adopt Resolution No. 22-152 setting the 2023 Special Service District No
4. budget and property owner service charges and directing staff to
certify the annual service charges to Hennepin County.
V. Adopt Resolution No. 22-153 setting the 2023 Special Service District No
5. budget and property owner service charges and directing staff to
certify the annual service charges to Hennepin County.
VI. Adopt Resolution No. 22-154 setting the 2023 Special Service District No
6. budget and property owner service charges and directing staff to
certify the annual service charges to Hennepin County.
4e. Approve Ordinance No. 2657-22 amending the Zero Waste Packaging ordinance.
4f. Adopt Resolution No. 22-155 authorizing the city manager to enter a contract
extension with Redpath and Company for the 2022 audit.
4g. Adopt Resolution No. 22-156 committing the city to a 10-year term for LOGIS
replacement enterprise resource planning and utility billing software solutions.
4h. Adopt Resolution No. 22-157 approving deferral of special assessments – 450
Ford Rd, Units 113, 208, 211, 214, 228, 302, 306, 312, 322 & 330, St. Louis Park,
MN 55426.
4i. Adopt Resolution No. 22-158 authorizing the special assessment for the repair of
the sewer service line at 2212 Kentucky Avenue South, St. Louis Park, MN. P.I.D.
08-117-21-12-0109.
4j. Accept for filing city disbursement claims for the period of August 27 through
September 23, 2022.
4k. Adopt Resolution No. 22-159 accepting donations to parks and recreation
department.
4l. Adopt Resolution No. 22-160 supporting the French Regional Park Master Plan
prepared by Three Rivers Park District.
4m. Adopt Resolution No. 22-161 rescinding Resolution 19-013, removing permit
parking at 3144 Hampshire Avenue.
Councilmember Kraft requested that consent item 4c be removed and placed on the
regular agenda as item 8b.
It was moved by Councilmember Brausen, seconded by Councilmember Dumalag, to
approve the agenda and items listed on the consent calendar as amended to move
consent item 4c to the regular agenda as item 8b; and to waive reading of all resolutions
and ordinances.
The motion passed 6-0 (Councilmember Mohamed absent).
5. Boards and commissions - none
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6. Public hearings
6a. Assessment of delinquent charges
Ms. Weller presented the staff report.
Mayor Spano opened the public hearing. No speakers were present. Mayor Spano
closed the public hearing.
Mayor Spano stated last year it seemed the council was surprised the numbers were not
higher given COVID and the economy and asked how this compares to prior years. Ms.
Weller stated the high activity in the housing market may have been a factor last year,
adding the number of delinquencies is in line with past years. She noted issues with
emerald ash borer and tree removal for private owners also affected the numbers.
7. Requests, petitions, and communications from the public – none
8. Resolutions, ordinances, motions, and discussion items
8a. First reading of an ordinance related to licensing requirements for the sale of
cannabinoid products.
Mr. Pivec presented the staff report.
Councilmember Rog asked about the $500 fine to retailer for selling to under 21 years of
age, why are we charging $2,000 for alcohol violations, and are there thoughts on the
rationale of this. She stated tobacco and edible products seem to be comparable to
alcohol.
Mr. Hoffman stated this is a proposal for council to consider, but council can determine
penalties, and it can be changed. He noted the amount was set as a deterrent, but if not
high enough, it can be changed.
Mr. Mattick added when this was drafted, there were no models to follow, so it was
modeled after the tobacco scheme. He stated statute puts out different amounts for
tobacco and alcohol, and this was lesser than alcohol.
Councilmember Rog stated $500 is reasonable for a first offense and for alcohol also, fo r
a first offense, so possibly that is a conversation for later.
Councilmember Rog asked around the packaging rules, are there any challenges here,
and is it up to the city’s discretion as far as mimicking cartons. Mr. Pivec stated that
might not be known until the situation occurs.
Councilmember Rog asked why food trucks are not allowed to sell these products . Mr.
Hoffman stated it is not a stationary business, and the city needs to be able to do
periodic checks. He added the product usually is not consumed at the food truck, like a
restaurant, so there were safeguards to consider with food trucks.
Councilmember Rog stated she understands that, but this could be construed as an
access issue. She asked what action can be taken if items are not displayed correctly in a
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store. Mr. Hoffman stated an individual can contact the building and energy department
by email or phone and it will be investigated by inspections staff.
Councilmember Rog asked if a license is revoked, what are conditions for reinstate ment.
Mr. Mattick stated that depends on the level and if there are multiple violations, as well
as if a license has been revoked within the past five years.
Councilmember Kraft stated as a parent of high school students, he has mixed feelings
on this, but is on the side of making this legal versus on the illegal market. He
commended staff for their work to develop a licensing mechanism.
Councilmember Kraft noted the penalty of $500 seems low compared to the alcohol fee .
He asked if a business has a violation within one year, when is the next time they would
be re-checked for selling to underage customers. Mr. Hoffman stated it would be
handled similarly to how other compliance checks are done by policy, once per year .
Lt. Garland stated when compliance is found to be an issue, education is done and then
another check the following year.
Councilmember Kraft stated if a business had a problem with selling to underage
people, then it would be three years before their license was revoked, if checking each
year, and he has concerns about this. Mr. Hoffman stated that is a policy that can be
determined by the city if they do a follow up.
Mr. Mattick stated the way the ordinance is written does not prohibit more inspections
or more controlled purchases. He added with compliance checks minimal inspections
are done, and if there are issues, there is more frequency of inspections to check for a
pattern of behavior as opposed to a mistake.
Mayor Spano stated the way the ordinance is written seems to set a floor versus a
ceiling. He asked, based on experience, if the police accelerate the schedule of
compliance checks. Lt. Garland stated there are past examples of police coordinating a
response with other city departments to ensure busin ess is done safely and can do this
in the future if required.
Councilmember Kraft asked if this is done in the same way as liquor inspections, how
much does that cost, and if violations occur then would the business need to be on a
regular compliance checking schedule. Ms. Keller stated this is a good conversation to
bring back and have with the chief and other staff about intended and unintended
consequences of changes to licensing requirements, fees to cover services, and
penalties for violations.
Councilmember Kraft noted a resident raised questions about someone on probation
and when someone can apply for a license. He asked if someone is on probation and
violates probation, does that come into account with their application.
Mr. Mattick stated no. He stated there will be list of criteria, but probation is not on the
list. He added probation happens in general when convicted of a crime as an alternative
to prison. He noted the ordinance contemplates looking at the three years preceding
the application, and probation can last 5-10 years.
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Mr. Hoffman reiterated this type of licensing is new and staff will engage licensed
retailers to inform them of the requirements in city code and state law.
Councilmember Kraft asked if someone sells to an underage person are there only state
penalties involved currently. Mr. Hoffman stated yes and requires the county attorney
to be involved.
Councilmember Kraft asked if there can be changes between the first and second
readings of this ordinance. Mr. Mattick stated yes, within the realm of what is being
discussed and not major changes.
Councilmember Kraft stated he will support this but asks for staff to come back with a
policy approach on frequency of follow-up on violations, adding he would like to see
twice a year follow up, including associated costs.
Mayor Spano agreed and suggested another discussion with the staff about the policy
versus the ordinance itself.
Councilmember Brausen stated he understands Councilmember Kraft’s concerns, and
trusts staff to implement this in the spirit it was intended . He added if the consensus is
to increase the fine for a first violation, he would support that.
Councilmember Budd added she is supportive of raising the fine on the first violation as
well and leaving the follow up approach as is.
Councilmember Dumalag thanked staff and stated she is open to reviewing the amounts
for the first violation. She added she would prefer a physical structure applying for
license versus food trucks.
Councilmember Rog stated she is supportive of a higher fine for additional compliance
checks.
Mayor Spano stated he will think about increasing the fine on a first violation but is not
ready to agree to that. He asked about the appeal process and possible special
circumstances.
Mr. Hoffman stated there are checks and balances in the process. The decision of the
department director can be appealed to the city manager.
Mayor Spano noted hemp products up to .3% is compliant, and anything more is not. He
stated there is sensitivity around this and the dangers involved adding there is 15 -20% in
marijuana, noting this has a much lower concentration of THC. He added that does not
mean it is okay to sell these products if an owner is not licensed or out of compliance.
He stated, however, he is comfortable with the ordinance and welcomes further
discussion on policy with staff as well as discussion around underage sales.
It was moved by Councilmember Brausen, seconded by Councilmember Dumalag, to
approve first reading of an ordinance related to licensing requirements for the sale of
cannabinoid products.
The motion passed 6-0 (Councilmember Mohamed absent).
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8b. Adopt resolution imposing civil penalties for liquor license violations
Resolution No. 22-162, 22-163, 22-164, 22-165, 22-166, 22-167, 22-168, 22-169
Councilmember Kraft asked for discussion on this item. He stated his concern is the
eight violations this year of selling to underage individuals, which is disturbing . He stated
he understands this had to do with staffing shortages due to COVID, and hopes the
establishments understand this is concerning and they need to be educated and trained
on the policy. He stated those in violation should be re-inspected more than one time
per year, at least for the next 12-18 months. He stated possibly this could be folded into
the same discussion with cannabinoids.
Mayor Spano recommended a future discussion on this with staff and the council.
It was moved by Councilmember Kraft, seconded by Councilmember Brausen, to adopt
Resolution Nos. 22-162, 22-163, 22-164, 22-165, 22-166, 22-167, 22-168, 22-169
imposing civil penalties for liquor license violations.
The motion passed 6-0 (Councilmember Mohamed absent).
9. Communications
Mayor Spano noted early voting continues in council chambers and he encouraged all to
vote.
10. Adjournment
The meeting adjourned at 7:40 p.m.
______________________________________ ______________________________________
Melissa Kennedy, city clerk Jake Spano, mayor
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