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HomeMy WebLinkAbout2023/02/21 - ADMIN - Minutes - City Council - Regular Official minutes City council meeting St. Louis Park, Minnesota Feb. 21, 2023 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, Yolanda Farris, Nadia Mohamed, and Margaret Rog Councilmembers absent: Lynette Dumalag Staff present: City Manager (Ms. Keller), City Attorney (Mr. Jamnik), Deputy City Manager (Ms. Walsh), Director of Community Development (Ms. Barton), Housing Supervisor (Ms. Olson), Communications and Technology Director (Ms. Smith), City Clerk (Ms. Kennedy) Guests: None. 1c. Appointment of council member at large A. Resolution No. 23-026 Ms. Kennedy presented the resolution appointing Yolanda Farris to the office of council member at large A. Mayor Spano stated Ms. Farris was one of 24 people that applied for the office. He noted after a rigorous interview process, the council unanimously chose to appoint her to the open seat on the council. It was moved by Councilmember Brausen, seconded by Councilmember Mohamed, to adopt Resolution No. 23-026, appointing council member at large A, as presented. The motion passed 5-0 (Councilmember Dumalag absent). 1d. Oath of office Ms. Kennedy administered the oath of office to Ms. Farris. Mayor Spano invited residents to come forward and make comments. Councilmember Farris’ cousin stated she is so proud of her cousin, and the family is happy for her and loves her, and all that she has accomplished. Lt. Paul Barnes stated he has known Councilmember Farris since he was a patrol officer, and he is very proud of her and how far she has come. He stated she is a great partner DocuSign Envelope ID: 16EA2209-3D9A-42FD-A57D-ED28CFA9B43C City council meeting -2- Feb. 21, 2023 of the city and all the kids she serves, and the city is happy fo r her, and this is well- deserved. Ms. Francis stated she is very proud of Councilmember Farris and knew she would always be a leader and will go far, noting by taking on this role she has opened doors for many women and given a voice to those who haven’t had one in the past.. Rep. Kraft stated he got to know Councilmember Farris during his campaign. He stated he was struck by how intelligent she is, how much she cared, and how much of a leader she was. He stated he learned from her how important it was for her to get folks to vote. He added he was so thrilled for her and will support her in any way he can . The head chef at Perspectives stated she has known Councilmember Farris for three years and she has never met anyone like her before, noting she speaks up for all and she is an inspiration, and she covers all with her love. She added everyone loves Councilmember Farris so much. Councilmember Mohamed stated it is so beautiful how many people came out tonight and how many love Councilmember Farris, and she thanked everyone. Councilmember Budd added she first met Councilmember Farris while she was campaigning, is very impressed with her, and is happy to have her on the council. Councilmember Rog added she is excited to be working with Councilmember Farris. Mayor Spano stated Councilmember Farris was part of Perspectives when he decided to run for the board of the school district foundation. He noted she always has given him honesty, love, respect, and that also came through in her interview – and how much she loves this community. He added he is happy to have been her friend and collaborator and is now proud to call her his colleague. Councilmember Farris thanked the mayor, council, her family, and her friends, as well as the police department. She stated she moved to St. Louis Park in 2013, has worked closely with the police department, and she has always wanted to be of service to the city. She stated she will do her best to do all she can as a councilmember and to support the constituents and her colleagues in all she does. 2. Approve agenda. The agenda was approved, as presented, by general consensus. 3. Presentations 3a. Proclamation for Dorothy Karlson DocuSign Envelope ID: 16EA2209-3D9A-42FD-A57D-ED28CFA9B43C City council meeting -3- Feb. 21, 2023 Mayor Spano read the proclamation in honor of Dorothy Karlson . He noted her impact in St. Louis Park and accomplishments in the community. He thanked Dorothy and her family for all they have done. Mr. Karlson spoke for his family and thanked everyone on behalf of his mother, Dorothy . He noted she was active in education as a teacher and in her church. He added her influence was everywhere in the community and she cared about children and young people. Deb Brinkman, president of the St. Louis Park League of Women Voters, stated they are blessed to have been able to work with Dorothy, especially with the “Kids Voting” program. She added Dorothy helped start the Empty Bowls program , noting many were touched by her and St. Louis Park is a better place because of her. 4. Approval of minutes. 4a. City council meeting minutes of Jan. 3, 2023 Councilmember Brausen noted on page 3 the name spelling should be corrected to “Roger Fridell”. 4b. Study session minutes of Jan. 10, 2023 4c. Study session minutes of Jan. 23, 2023 4d. Study session minutes of Jan. 30, 2023 4e. Study session minutes of Jan. 3, 2023 4f. City council meeting minutes of Oct. 17, 2022 4g. City council meeting minutes of Nov. 7, 2022 4h. City council meeting minutes of Dec. 19, 2022 It was moved by Councilmember Mohamed, seconded by Councilmember Brausen, to approve the city council and study session meeting minutes noted above with one correction to the city council minutes of Jan. 3, 2023. The study session minutes of Jan. 3, Jan. 10, Jan. 23, Jan. 30, 2023, and the city council meeting minutes of Oct. 17, Nov. 7, Dec. 19, 2022, were all approved as presented. The motion passed 5-0 (Councilmember Farris abstained; Councilmember Dumalag absent). 5. Approval items on consent. 5a. Ordinance No. 2660-23 rescinding Ordinance 641 and setting an effective date of March 17, 2023. 5b. Resolution No. 23-027 accepting the project report, establishing the 2023 Alley Reconstruction Project (4023-1500), approving plans and specifications, and authorizing advertisement for bids. DocuSign Envelope ID: 16EA2209-3D9A-42FD-A57D-ED28CFA9B43C City council meeting -4- Feb. 21, 2023 5c. Resolution No. 23-025 authorizing the special assessment for the installation of solar array at STEP: St. Louis Park Emergency Program, 6812 West Lake Street, St. Louis Park, MN. P.I.D. 17-117-21-41-0098. 5d. Resolution No. 23-028 establishing a special assessment for the abatement of unsafe conditions for human occupancy of the hazardous building located at 3056 Edgewood Ave. S. St. Louis Park, MN 55426. 5e. Resolution No. 23-029 authorizing installation of permit parking restrictions in front of 2708 Dakota Avenue. 5f. Resolution No. 23-030 authorizing installation of permit parking restrictions in front of 3601 Lynn Avenue. 5g. Resolution approving renewal with conditions of an on-sale intoxicating and on- sale Sunday liquor license for Loop West End LLC dba The Loop for the license term March 1, 2023, through March 1, 2024. (This item was removed from the consent calendar and considered as regular agenda as item 7b.) Mayor Spano requested that consent calendar item 5g be removed and placed on the regular agenda as item 7b. It was moved by Councilmember Brausen, seconded by Councilmember Mohamed, to approve the items on the consent agenda and to move consent item 5g to the regular agenda as item 7b; and to waive reading of all resolutions and ordinances. The motion passed 6-0 (Councilmember Dumalag absent). 6. Public hearings 6a. Public hearing to consider allocation of 2023 community Development Block Grant (CDBG) Funds. Resolution No. 23-031 Ms. Olson presented the staff report. Councilmember Budd asked about the waitlist of 101 and how this action will impact the waitlist. Ms. Olson stated the maximum per loan is $30,000 so it will still take time to get there, but it is an improvement having more funds available . She added people can apply online for these programs, as well as the MN Housing Program. Councilmember Budd asked about the 80% AMI and if that is determined by the city or someone else. Ms. Olson stated the maximum CDBG can serve is up to 80% AMI and that is what Hennepin County does, as they administer the program. She added the city does follow the county’s recommendation on AMI. She stated she can investigate lowering that for future years. Councilmember Rog asked if people could apply for up to $30,000 for this fund. Ms. Olson stated there is the waiting list as well as an emergency repair program which has a maximum of $5,000 and that is funded through city funds. She stated if there are funds available for an emergency that are not CDBG, the city program is available and there is no wait on that. DocuSign Envelope ID: 16EA2209-3D9A-42FD-A57D-ED28CFA9B43C City council meeting -5- Feb. 21, 2023 Mayor Spano opened the public hearing. No speakers were present. Mayor Spano closed the public hearing. Councilmember Mohamed noted she is supportive of this program and in combination with this funding and city funds, it would be great if the waiting list were to go down. She noted this type of funding is needed for those of moderate-income levels, adding she will support Councilmember Budd’s interest in lowering the AMI percentage in the future. Councilmember Rog added she also supports this and wondered if th ere is value for those up to 80% AMI to apply and still receive funds, and then still prioritize those at the lower end of the spectrum. Ms. Olson stated it used to be a two-tiered program with a lower interest rate up to 80% AMI and no interest at 60% AMI, but that got challenging administratively. She stated there are also other loan programs folks can tap into if they cannot wait. It was moved by Councilmember Mohamed, seconded by Councilmember Brausen, to adopt Resolution No. 23-031 approving proposed use of 2023 Urban Hennepin County Community Development Block Grant funds and authorize execution of sub-recipient agreement with Hennepin County and any third-party agreements, as presented. The motion passed 6-0 (Councilmember Dumalag absent). 7. Regular business 7a. First reading of the ordinance amending city code chapter 3 related to alcoholic beverages and set the second reading for March 6 Ms. Kennedy presented the staff report. Councilmember Brausen stated he will support this but noted in the current policy there is a food to liquor ratio requirement where on-sale intoxicating license holders are required to have at least 50 percent of gross receipts attributable to the sale of food. He noted that he is not sure that requirement is necessary and that other cities do not require it, so he would like to review this in the future. Councilmember Brausen added, in looking at this, there is no proposed change to the prohibition of restaurants at tap rooms or cocktail rooms. He does not understand the logic here, noting other communities do allow this as it is a very successful business model. He would like to see this explored as a policy change soon. Councilmember Rog asked about the microbrewery’s decision and if it’s a city or state decision. Ms. Kennedy explained when the state originally started allowed tap room and cocktail room licenses, there were restrictions related to food sales. She stated while the state no longer precludes having a restaurant at establishments holding this type of license, staff thought it would be best to discuss it with council further before looking at any changes in policy because there are impacts and implications related to zoning. DocuSign Envelope ID: 16EA2209-3D9A-42FD-A57D-ED28CFA9B43C City council meeting -6- Feb. 21, 2023 Ms. Kennedy also noted the business models are different in cocktail and tap rooms versus a full on-sale intoxicating license and is a policy decision the council can explore further. It was moved by Councilmember Brausen, seconded by Councilmember Rog, to approve the first reading of an ordinance amending city code chapter 3 related to alcoholic beverages and set the second reading for March 6, 2023. The motion passed 6-0 (Councilmember Dumalag absent). 7b. Renewal with conditions of an on-sale intoxicating and on-sale Sunday liquor license for Loop West End LLC dba The Loop for the license term March 1, 2023, through March 1, 2024. Resolution No. 23-032 Ms. Kennedy presented the staff report, noting The Loop was previously placed on probation for failure to comply with the food -liquor ratio requirement outlined in state law. Mayor Spano noted The Loop has not been compliant with the requirement this last year or the year before. He stated he wanted to take this off the consent agenda to discuss, and noted he appreciated staff’s work on this. Mayor Spano added he wants to be clear that this is not staff’s issue to clean up, it is The Loop’s issue to clean up and the business needs to be in compliance with all laws related to the sale and service of alcohol, including the 50/50 requirement. Mayor Spano added he appreciates that operating a business is hard and has been hard with the impacts of COVID, but those lessons should now be in hand. He added throughout all of these varying circumstances, every other license holder of the same type has been in compliance with this rule. He said if other businesses can figure this out, The Loop owners should be able to figure this out as well . Mayor Spano stated the ratio is getting worse, noting in 2021 the ratio was 58% alcohol to 42% food and in 2022 it was 62% alcohol to 38% food. He also noted there are ongoing security concerns at The Loop. Mayor Spano suggested amending the proposed agreement to require payment of the $2,000 fine if The Loop has not achieved compliance by the mid-year checkpoint. He added another option would be to not renew their liquor license. He explained he doesn’t want to do that; however, they need to be compliant. He stated he would not support renewal for the 2024-25 license period if this continues to be an issue. Mayor Spano noted The Loop’s staff must also be considered and their management needs to comply for their staff as well. He asked city staff if this can be amended to a mid-year check-in and a payment of a fine. The city attorney stated this could be amended and The Loop could appeal . DocuSign Envelope ID: 16EA2209-3D9A-42FD-A57D-ED28CFA9B43C City council meeting -7- Feb. 21, 2023 Ryan Brevig, The Loop owner, asked if mid-year is March or September. Ms. Kennedy stated it would be Aug. 1, 2023. Mr. Brevig stated he has worked with Ms. Kennedy on this and reports the numbers to the penny. He stated they are fine with the mid-year check in and would pay the fine if required to do so. He added that he wants to follow the ordinance. Mayor Spano stated he wanted to bring this up because it is a tool the city can use to keep businesses in compliance. Councilmember Brausen stated he is not comfortable being the enforcement agent on this, when staff, the police, city attorney, have all been involved in preparing the proposed terms for renewal of the license. He trusts staff on this and trusts The Loop is acting in good faith. He is also uncomfortable with the precedent this sets and then the council changes the terms of an agreement that we have already made . He would not be in favor of the mayor’s proposed amendment. He stated there is a good plan laid out with staff and he supports the motion as it stands. Councilmember Rog stated she appreciates the mayor’s suggestion and staff work on this as well. She feels it is a bit unfair that The Loop is not paying any fines, but she did also agree with Councilmember Brausen’s comments and will support the original resolution. However, she hopes this will be the last year of non-compliance by The Loop. Mayor Spano stated he usually does not find himself in this situation, adding all he is suggesting is to move the date of compliance up 6 months to be sure The Loop is staying on track. Councilmember Budd stated she supports the work of staff, noting there is policy in place and with violation, there is one year to get it right. She will support moving the financial penalty up. Councilmember Mohamed asked if this amendment would require more work and time from staff. Ms. Kennedy stated the owner will supply their numbers and staff will monitor, noting this is part of staff’s role and they are prepared to do this. She stated this is a council policy decision and the resolution can be amended if needed. She noted that the more severe penalty is non-renewal of the license. If the business fails to comply for a third straight year, their license will likely not be renewed by council and the fine would be imposed to recoup the cost of staff time to go through that process. Mayor Spano stated he will withdraw his suggested amendment because the fine is not a penalty, basically is a violation of the city requirement, and the more severe penalty is non-renewal of a license. He did not completely understand this originally and appreciated the clarification from Ms. Kennedy. Councilmember Mohamed stated that Mayor Spano did make a good point , however, especially around non-compliance. DocuSign Envelope ID: 16EA2209-3D9A-42FD-A57D-ED28CFA9B43C City council meeting -8- Feb. 21, 2023 It was moved by Councilmember Brausen, seconded by Councilmember Budd, to adopt Resolution No. 23-032 approving renewal with conditions of an on-sale intoxicating and on-sale Sunday liquor license for Loop West End LLC dba The Loop for the license term March 1, 2023, through March 1, 2024. The motion passed 6-0 (Councilmember Dumalag absent). 8. Communications and announcements 8a. Planning commission minutes of July 6, 2022. 8b. Planning commission minutes of November 16, 2022. 8c. Planning commission study session minutes of October 12, 2022. 8d. Planning commission study session minutes of October 19, 2022. 8e. Park and recreation advisory commission minutes of October 19, 2022. 8f. Park and recreation advisory commission minutes of December 7, 2022. Mayor Spano noted a snow emergency has been declared starting tonight and asked folks to please get all cars off the streets. He encouraged neighbors watch out for each other. Ms. Keller agreed and stated there would be three waves of plows coming through and the more vehicles off the street, the better. She also noted Waste Management will not collect trash on Thursday and collection will be moved back by one day. She added with one-sided parking, most streets have been cleared, and the restrictions will be removed during the snow emergency, however, the city will assess again for restricted parking after the snow emergency. Ms. Keller added the public housing waiting list opens tomorrow at 10 a.m., closes March 2 at 4 p.m., and more information is available online. Ms. Keller noted the Community Emergency Response Team is looking for volunteers to help the community. Training dates and registration are available online. Councilmember Rog noted the Children’s First Breakfast is Thurs ., March 2, at 7:30 a.m. at the Doubletree Hotel in St. Louis Park and more information is available online . 9. Adjournment The meeting adjourned at 8:20 p.m. ______________________________________ ______________________________________ Melissa Kennedy, city clerk Jake Spano, mayor DocuSign Envelope ID: 16EA2209-3D9A-42FD-A57D-ED28CFA9B43C