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HomeMy WebLinkAbout2023/10/16 - ADMIN - Minutes - City Council - Regular Official minutes City council meeting St. Louis Park, Minnesota Oct. 16, 2023 1. Call to order. Mayor Spano called the meeting to order at 6:33 p.m. a. Pledge of allegiance b. Roll call Council members present: Mayor Jake Spano, Tim Brausen (arrived at 6:36 p.m.), Sue Budd, Lynette Dumalag, Yolanda Farris, and Margaret Rog Council member absent: Nadia Mohamed Staff present: City manager (Ms. Keller), city attorney (Mr. Mattick), deputy city manager (Ms. Walsh), finance director (Ms. Cruver), accountant (Ms. Finkel), public services superintendent (Ms. Fisher), operations superintendent (Mr. Okey), planning manager (Mr. Walther), senior planner (Ms. Chamberlain), race, equity and inclusion director (Ms. Guess), deputy city clerk (Ms. Scott-Lerdal), property maintenance and licensing manager (Mr. Pivec) 2. Approve agenda. It was moved by Council Member Dumalag, seconded by Council Member Budd, to approve the agenda as presented. The motion passed 5-0 (Council Members Brausen and Mohamed absent). 3. Presentations. a. Proclamation declaring November 2023 as Lung Cancer Awareness Month Mayor Spano read the proclamation. He spoke to the importance of lung health screening whether a person has a prior history of smoking or not. Council Member Brausen shared a personal experience and his appreciation of the information he gained from his screening. Council Member Rog agreed with early screening emphasis, recalling a neighbor who was able to detect and treat lung cancer from an early stage thanks to screening. Mayor Spano brought attention to the proclamation’s resource page containing links to the American Lung Cancer Screening Initiative. 4. Minutes. a. Minutes of Sept. 18, 2023 special study session City council meeting -2- Oct. 16, 2023 c. Minutes of Oct. 2, 2023, special study session It was moved by Council Member Rog, seconded by Council Member Brausen, to approve the Sept. 18, 2023 and Oct. 2, 2023, special study session minutes as presented. The motion passed 6-0 (Council Member Mohamed absent). b. Minutes of Oct. 2, 2023, city council meeting Council Member Brausen requested a revision to page 6, paragraph 4, to state: “these massive projects.” It was moved by Council Member Rog, seconded by Council Member Brausen, to approve the Oct. 2, 2023, city council meeting minutes as amended. The motion passed 6-0 (Council Member Mohamed absent). 5. Consent items. a. Second reading and adopt Ordinance 2669-23 to rezone 1608 Utah Avenue b. Second reading and adopt Ordinance 2670-23 to rezone 2840 Toledo Avenue c. Second reading and adopt Ordinance 2671-23 to rezone 3301 Webster Avenue d. Resolution No. 23-129 authorizing special assessment for sewer service line repair at 3912 Inglewood Avenue South e. Second reading and adopt Ordinance 2672-23 establishing fees for 2024 f. Resolution No. 23-130 Amending Resolution No. 23-028 authorizing cleanup at 3056 Edgewood Ave. S g. Resolution No. 23-131 electing not to waive the statutory tort limits for liability insurance It was moved by Council Member Brausen, seconded by Council Member Dumalag, to approve the consent items as listed; and to waive reading of all resolutions and ordinances. The motion passed 6-0 (Council Member Mohamed absent). 6. Public hearings. a. Resolution No. 23-132 approving assessment of delinquent charges Ms. Cruver and Ms. Finkel presented the staff report. Mayor Spano opened the public hearing. No speakers were present. Mayor Spano closed the public hearing. Council Member Brausen observed that the number of delinquent accounts is in line with the historical averages seen in the city, however, the balances are higher this year. He attributed higher balances in part to slight fee increases and also to tree abatement fees. He described how he and his wife had enrolled in the tree abatement program which allows residents the ability to spread out unexpected tree removal costs over time, dependent upon costs. He City council meeting -3- Oct. 16, 2023 pointed out that there are also programs available through the city for sewer or water line breaks and he encouraged folks to take advantage of these programs. Council Member Budd observed that of the 468 accounts delinquent this year, 338 were also delinquent last year. She asked for more detail on whether delinquency becomes a cycle of accrued annual balance. Ms. Cruver explained that once the amount is certified, it is collected by the county through property taxes. At that point, the overdue amount is removed from the city’s bill pay system and the tracking begins anew for the following year. If the same account is delinquent for multiple years, each year represents its own unique delinquency. There is a separate report to show whether residents have unpaid property taxes. Mayor Spano asked how residents and property owners receive notifications of delinquencies. Ms. Cruver explained the process of emailing notices to the account on file, mailing notices to the property, using discretion to also mail notices to addresses associated with the property, and outlined the timeline for certifications. Council Member Rog asked if the city carries $500,000 per year in delinquent fees and waits for reimbursement through assessments. Ms. Cruver confirmed the importance of the certification process because the city is able to recover more of the owed fees and preserve rates for service. Council Member Rog noted when a home sells, owed fees go along with it, and asked when a potential homebuyer is made aware of any owed fees. Ms. Cruver replied that this information would be included with any information on unpaid property taxes. Council Member Rog asked if delinquent fees are charged with interest. Ms. Cruver confirmed that they are, the interest rate set at the beginning of the year is 4.93%. Council Member Brausen noted there are additional fees after the certification, which are also rolled into property taxes. He gave a personal example of how this city program assists folks who may have irregular income or be struggling financially. He pointed out that mailed notices are sent out on brightly colored paper and he appreciates staff thinking about how to make notices stand out from junk mail. Ms. Keller added staff is doing additional work with each notice sent, reiterating the colorful paper and adding that notices include resources to help low income residents pay utility bills. She shared that the alternative to the certification process is for the city to shut off water service, which has a series of impacts. Ms. Keller stated the city aligns with its values and does not shut off water service in response to delinquency. Council Member Rog asked if there are primary reasons evident for delinquency. Ms. Cruver responded that staff does not collect that information. Mayor Spano thanked finance staff for their work. It was moved by Council Member Brausen, seconded by Council Member Dumalag, to adopt Resolution No. 23-132 approving assessment of delinquent charges. City council meeting -4- Oct. 16, 2023 The motion passed 6-0 (Council Member Mohamed absent). b. Consolidated public hearing Ms. Fisher and Mr. Okey presented the report. Council Member Brausen asked if there is a cap on the increase that the city can make to annual charges. Ms. Fisher confirmed that 5% is the maximum increase allowed. Council Member Brausen observed this cap as the reason the city would not increase the charges for Special Service District No. 1 beyond 5% to try to recover the deficit balance. Ms. Fisher agreed with his observation. Council Member Rog asked if the city absorbs the deficit. Ms. Fisher responded yes; each of the districts have a separate budget and charges. She went on to say that the estimate for snow removal costs is the most difficult factor to estimate. For example, total snowfall for the winter of 2023 exceeded broadcasts and estimates for service. Council Member Rog asked Ms. Fisher if staff is concerned about this happening again in 2024. Ms. Fisher said there is a potential for costs to exceed estimates, it will depend on actual snowfall totals. Council Member Rog asked for clarification on whether the limits to budget adjustment are set by city or state statute. Ms. Fisher shared that the state statute determines budget calculations. Mr. Okey added that during the recertification process for special services districts, a holistic review of services is considered as part of long-range planning. Ms. Keller explained that staff works in the special service districts daily as well as considering them in long-range planning. She anticipates this conversation will come back to council in 2024. Council Member Rog asked if the reason that Park Shore had not paid past contributions towards special services was due to their residential status. Ms. Fisher responded that was correct because Park Shore is classified as residential and not included in the special service district. Part of the district formation was a static amount to be donated by Park Shores each year to show the benefit of the services they receive as residential property. Council Member Rog asked if the city is allowed to include residential properties in special services districts. Mr. Okey replied that residential properties may opt in during the recertification process. Council Member Rog observed that the report’s list for Special Service District No. 1 did not include Park Shores. Ms. Fisher confirmed that the list only shows businesses required to pay into the special service district and Park Shores is noted separately. She went on to say that Special Service District No. 1 will be up for the recertification process at the end of 2026. Council Member Dumalag asked how a residential multi-family building would vote to be included in a special service district. Mr. Mattick replied that he would need to look into creation of a special service housing district, as the city’s districts were formed with businesses. City council meeting -5- Oct. 16, 2023 Mr. Okey added the clarification that residents would not each have a vote, it would be one vote for the property and based on square footage (per linear foot). Council Member Dumalag inquired whether no increase in budget for Special Service District No. 6 was due to TIF funding and capital projects happening there, or if that decision was separate. Mr. Okey confirmed that it was a separate decision. Mayor Spano opened the public hearing. No speakers were present. Mayor Spano closed the public hearing. I. Resolution No. 23-133 establishing 2024 budget and property owner service charges for Special Service District No. 1 II. Resolution No. 23-134 establishing 2024 budget and property owner service charges for Special Service District No. 2 III. Resolution No. 23-135 establishing 2024 budget and property owner service charges and ten-year extension for Special Service District No. 3 IV. Resolution No. 23-136 establishing 2024 budget and property owner service charges for Special Service District No. 4 V. Resolution No. 23-137 establishing 2024 budget and property owner service charges for Special Service District No. 5 VI. Resolution No. 23-138 establishing 2024 budget and property owner service charges for Special Service District No. 6 Mayor Spano asked if businesses in the districts have a say as to what specific services they receive or if staff makes the decisions. Mr. Okey responded that plans were put in place when districts were established, and staff provides opportunities to interact on service customization. However, staff does not receive much feedback and some of the service plans are not fully sustainable as originally adopted. City staff manages the maintenance schedule and what is reasonable to provide. Mayor Spano asked whether the city owns metro bus stops and shelters in St. Louis Park. Mr. Okey explained that there is a small number of stops owned and maintained by the city. Council Member Budd asked if each of the six districts comprised the businesses that had come together to become a special service district. Ms. Fisher affirmed that for each of the six districts, that was the process. Council Member Rog asked if additional districts can be added. Mr. Okey explained that the current six are not a maximum number of districts. He stated that staff is prepared to take a serious look at the infrastructure required if a new district were to be considered. It was moved by Council Member Brausen, seconded by Council Member Dumalag, to adopt the following: • Resolution No. 23-133 establishing 2024 budget and property owner service charges for Special Service District No. 1 • Resolution No. 23-134 establishing 2024 budget and property owner service charges for Special Service District No. 2 City council meeting -6- Oct. 16, 2023 • Resolution No. 23-135 establishing 2024 budget and property owner service charges and ten-year extension for Special Service District No. 3 • Resolution No. 23-136 establishing 2024 budget and property owner service charges for Special Service District No. 4 • Resolution No. 23-137 establishing 2024 budget and property owner service charges for Special Service District No. 5 • Resolution No. 23-138 establishing 2024 budget and property owner service charges for Special Service District No. 6. The motion passed 6-0 (Council Member Mohamed absent). c. First reading of ordinance for moratorium on commercial cannabis activities Mr. Pivec presented the staff report. Mayor Spano opened the public hearing. No speakers were present. Mayor Spano closed the public hearing. Mayor Spano summarized that this ordinance does not indicate what the city will or will not allow in the future. The ordinance is intended to align the city with state processes by providing time for staff to establish thorough and clear policy for St. Louis Park businesses. Council Member Brausen pointed out that he supports commercial cannabis activities, but the moratorium is needed. He indicated the moratorium is about being thoughtful of regulation, quality, and safety while reasonable boundaries are established. Council Member Dumalag agreed and added that time is needed for the city and council to be thoughtful on its processes related to cannabis, how it impacts the community and gather public input. It was moved by Council Member Brausen, seconded by Council Member Rog, to approve first reading of ordinance for moratorium on commercial cannabis activities and set second reading for Nov. 6, 2023. The motion passed 6-0 (Council Member Mohamed absent). 7. Regular business – none. 8. Communications and announcements. Mayor Spano noted city hall is open for early voting from 8 a.m. to 4:30 p.m. Ms. Keller announced the Holiday Train will return to St. Louis Park on Dec. 11 at 6 p.m., adding there will be no council meeting that evening. The council meeting may be rescheduled to Dec. 12. 9. Adjournment. City council meeting -7- Oct. 16, 2023 The meeting adjourned at 7:25 p.m. ______________________________________ ______________________________________ Melissa Kennedy, city clerk Jake Spano, mayor