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HomeMy WebLinkAbout2024/03/25 - ADMIN - Agenda Packets - City Council - Study SessionAGENDA MARCH 25, 2024 5:30 p.m. City council study session Discussion item 1. 60 min. Pre-eviction notice ordinance amendment 6:30 p.m. Special city council meeting 1.Call to order a.Roll call. b.Pledge of Allegiance. 2.Approve agenda. 3. Presentations – none. 4. Minutes – none. 5. Consent item a.Adopt ordinance approving PUD amendment – Zelia on Seven – Ward 2 6.Public hearings – none. 7.Regular business – none. 8. Communications and announcements – none. 9.Adjournment. 6:45 p.m. City council study session cont. Discussion item 2. 90 min. Boards and commissions purpose and structure Recess (at approximately 7:35 p.m.) – The city council will take a short recess so that those who observe Ramadan may break their fast. Written reports 3. 2024 market value update 4. Bulk material containers in the right of way 8. Communications and announcements – none. 9. Adjournment. Members of the public can attend St. Louis Park Economic Development Authority, city council meetings and study sessions in person or watch live by webstream at bit.ly/watchslpcouncil or at www.parktv.org, or on local cable (Comcast SD channel 14/HD channel 798). Recordings of the meetings are available to watch on the city's YouTube channel at www.youtube.com/@slpcable, usually within 24 hours of the end of the council meeting or study session. The council chambers is equipped with Hearing Loop equipment and headsets are available to borrow. If you need special accommodations or have questions about the meeting, please call 952.924.2505. Meeting: Study session Meeting date: March 25, 2024 Discussion item: 1 Executive summary Title: Pre-eviction notice ordinance amendment Recommended action: Provide staff direction as to preferred ordinance amendments. Policy consideration: Does the council wish to amend Ordinance 2600-20 to require a 30-day notice period and/or to require a city provided form of notice? Summary: Since Feb. 1, 2021, in St. Louis Park, property owners/managers are required to provide a seven-day notice to renters before filing an eviction action alleging a material breach of the lease for nonpayment of rent or other unpaid financial obligations per Ordinance 2600- 20. In 2023, the Minnesota State Legislature enacted MN State Statute 504B.321 requiring a 14- day notice of eviction, effective Jan. 1, 2024. In response to this legislation, at the Oct. 23, 2023 city council study session staff recommended the city’s notice of eviction ordinance be amended to align with the state’s new 14-day notice of eviction requirements. Staff also recommended the notice be called a “pre-eviction notice” and that property owners/managers be encouraged to use a city-prepared pre-eviction form in multiple languages. Several city council members expressed interest in a 30-day notice and requiring use of the city-prepared pre-eviction form. The council directed staff to engage in further outreach to gather input on the potential impacts of both. Staff utilized the city’s website, social media platforms, the SPARC (St. Louis Park Area Rental Coalition) group, and direct emails to conduct outreach and garner feedback on the proposed amendments. Staff collected comments provided through the survey, attorney recommendations, eviction data from the Hennepin County eviction dashboard, as well as the State’s comprehensive process leading to a 14-day notice period. Staff also consulted with the city attorney on changes to the ordinance. This report summarizes the research and comments for council consideration. Financial or budget considerations: Staff time to implement and monitor the ordinance. Strategic priority consideration: St. Louis Park is committed to providing a broad range of housing and neighborhood oriented development. Supporting documents: Discussion, eviction process, survey comments and advocate comments Prepared by: Marney Olson, housing supervisor Reviewed by: Sean Walther, planning manager/deputy community development director Karen Barton, community development director Approved by: Kim Keller, city manager Study session meeting of March 25, 2024 (Item No. 1) Page 2 Title: Pre-eviction notice ordinance amendment Discussion Background: In March 2019, staff and the city council began a robust process to determine if the City of St. Louis Park should enact an ordinance that would require landlords to provide a notice to renters prior to initiating an eviction action for non-payment of rent or any unpaid financial obligations in violations of the lease. Since the proposed ordinance was similar to a bill presented for consideration during the 2020 state legislative session, the council deferred further action on a local ordinance pending the outcome at the legislature. The 2020 legislature did not act on the bill and the local ordinance was reintroduced for council consideration at the Sept. 29, 2020 city council study session. The city council directed staff to conduct a public outreach process, stressing the importance of engaging renters and rental property owners for their input before enacting an ordinance. After the public process concluded, staff drafted an ordinance that incorporated input garnered from renters, rental property owners/managers and community members. The city council heard the first reading of the notice of eviction ordinance on November 2, 2020, and the second reading on Nov. 16, 2020. The city council passed Ordinance 2600-20 requiring a seven- day notice of eviction effective Feb. 1, 2021. In 2023, the Minnesota State Legislature enacted MN State Statute 504B.321 requiring a 14-day notice of eviction, effective Jan. 1, 2024, which necessitates city ordinance updates. Prior to the Oct. 23, 2023 city council study session, city staff and several city council members met with both the St. Louis Park Eviction Prevention Team, an informal, grass roots community group that has been working with St. Louis Park residents facing eviction, and the Minnesota Multi Housing Association (MHA), an organization that represents multifamily housing property owners and managers to discuss changes to the current policy. At the October council meeting staff recommended that the city’s notice of eviction ordinance align with the state’s new 14-day notice of eviction requirements to provide consistency for renters and rental property owners throughout the state. Staff also recommended that the notice be called a “pre-eviction notice” and that property owners/managers be encouraged to use a city-prepared pre-eviction form in multiple languages. At the meeting, several city council members expressed interest in a 30-day notice and requiring use of a city prepared pre-eviction form. The city council directed staff to engage in further outreach and research and present those findings to the city council. Present considerations: Staff solicited feedback from a variety of stakeholders, conducted research on the impact of extended pre-eviction notice periods on eviction rates in the metro area, asked emergency rental assistance providers for information regarding the time it takes to access funds through their programs, and sought legal advice of the city attorney regarding the potential ordinance changes. This report summarizes the subsequent research, stakeholder feedback and staff’s recommendations. Stakeholder feedback: Staff utilized the city’s website, social media platforms, St. Louis Park Area Rental Coalition (SPARC), and direct emails, including emails to the eviction prevention team, MHA, STEP and HOME Line. The comment period was open from Feb. 6 to Mar. 6, 2024. Respondents were asked to identify as a renter, rental property owner/manager, advocate, community member or other. This was a similar outreach effort as the 2019 process. Study session meeting of March 25, 2024 (Item No. 1) Page 3 Title: Pre-eviction notice ordinance amendment Survey respondents were asked to comment on the following two additional requirements to the state statute: 1. Requiring property owners/managers to use the city’s pre-eviction form to provide written notice to residential renter(s) before filing an eviction action. 2. Increasing the notice of eviction period from the state-mandated 14-day notice to a 30- day notice. Most renters and advocates favored the use of a city-provided pre-eviction form. Property owners had mixed responses and questioned the necessity and flexibility of such a form. The city attorney has advised the city not to require a city-prepared form applicable only to St. Louis Park. Regarding the notice period, the majority of renters and housing advocates supported extending it to 30 days to allow more time for rent payment. Most property owners/managers opposed the extension due to financial burdens to them and potential negative impacts on residents and housing market dynamics. MHA expressed a desire for consistency with state statute. The Eviction Prevention Team is advocating for a 30-day notice and the creation of a city template. In addition to seeking input from renters, rental property owners/managers, advocates and community members, staff also requested the opinion of the city attorney relating to these possible additional requirements. The city attorney stated that the city has the authority to impose additional requirements regarding evictions and codify those requirements in the city code. However, while a city can require landlords to utilize a city prepared notice, there is a concern about creating confusion. In addition to the city notice, landlords are required to satisfy notice requirements contained in the lease, state statutes and possibly federal requirements. The various notices are legal documents that are technical in nature and there isn’t a tailored notice that can be created. The city’s notice will not replace the other required notices and will likely be another layer of documents for the tenant to sort through and try to figure out. An example of multiple legal requirements that could be confusing is that the state law requires that the notice include the following language, “Your landlord can file an eviction case if you do not pay the total amount due or move out within 14 days from the date of this notice. Some local governments may have an eviction notice period longer than 14 days,” even if a city has adopted a notice period longer than 14-days. The form would have to include the above statement and a statement noting the city’s notice period, which can be confusing to a tenant. Summary of comments received Feb. 6 – Mar. 6 The following is a high-level summary of comments received from Feb. 6 – Mar. 6. All individual responses received are attached at the end of the report. All rental property owners/manager responses are grouped together. In the survey, rental property owners/managers were categorized into multifamily and single-family/condo/duplex property owners/managers. Multifamily property owners/managers were also asked if they provide affordable housing, NOAH, market rate, or mixed income housing. Individual responses are sorted by property type. Study session meeting of March 25, 2024 (Item No. 1) Page 4 Title: Pre-eviction notice ordinance amendment Policy question 1: requiring use of pre-eviction form Renter respondents: Nearly all of the renters, advocates and community members that responded to the survey were in favor of requiring a city provided pre-eviction form. Property owner/manager respondents: Rental property owners and managers had mixed responses to this policy question. Some were in favor of the policy; however, others felt the notice form was unnecessary because State Statute and city ordinance list all the requirements that are needed in the notice. They also noted that no single form would cover all the legal requirements of the State, city and property owner resulting in the need to provide the tenant with multiple notices. Many property owner comments wanted the flexibility to modify the template, expressing that any written notice that includes all required language should be accepted. Policy question 2: increasing notice of eviction period from 14 to 30 days Renter respondents: Most renter respondents favor increasing the notice period to 30 days from the state required 14 days. Some respondents felt 30 days was not long enough. The primary reason stated in supporting the increase to 30 days was that it would allow more time to gather funds required to pay outstanding rent. Property owner/manager respondents: Most respondents across all types of property owners/managers opposed an increase in the notice period to 30 days, including affordable housing providers. The reasons stated for opposing an increase to 30 days included: • Property owners/managers stated that filing an eviction and going to housing court are a last resort. They noted it is an expensive and time-consuming process for both the landlord and tenant. Most landlords stated working with tenants to resolve issues without going to housing court. It was expressed that they feel a 30-day notice may limit flexibility to address nonpayment situations without going to court. • Property owners stated they feel a 30-day period is excessive and will create the risk to the owner of losing two-months’ rent or more which would be a financial burden. Owners noted they rely on timely rent payments and have financial responsibilities such as mortgage payments, utilities, taxes, insurance rates and other financial obligations. Small business owners expressed greater concerns about financial hardship. • The property owners feel increasing the notice period to 30 days would have damaging effects on both residents and owners, stating that residents who fall behind 30 or more days of rent have less chance of catching up and restoring their current housing situation. This results in the landlord having an increase in delinquent rent payments and the tenant’s future housing being impacted by incurring high balances owed to a previous landlord. • A number of unintended consequences were presented, including landlords may require higher security deposits, enforce stricter screening criteria, may pass on increased cost of doing business to tenants in the form of higher rent, and may cause reduced developer interest. • Property owners noted the 14-day notice passed by the Legislature doubled the time period previously enacted in St. Louis Park and should be given some time to evaluate its effect on the city's housing market before considering a notice period longer than 14- days. Study session meeting of March 25, 2024 (Item No. 1) Page 5 Title: Pre-eviction notice ordinance amendment • Many respondents stated that they have years of experience in the business and have experience working with tenants and noted that tenants who are able to pay rent do so. They noted a 30-day notice adds to the amount of rent due which makes it harder to pay. • Respondents that indicated they have rental properties in Brooklyn Center stated that the 30-day notice there has not made it easier for residents to catch up on rent as the longer period increases the amount of rent they owe. These property owners/managers stated that they have also found the 30-day notice has resulted in some residents continually staying 30-days late on paying rent and if an eviction is the end result, the resident’s balance is still owed and collection continues for years. Noting that even if there is an eviction expungement, the outstanding debt makes it harder for the resident to find future housing. Housing advocates: In general, advocates supported an increase to 30 days. They noted the importance of the tenants having time to find housing alternatives, arrange for school transfers, or utilize resources to keep their housing. Members of the St. Louis Park Community Housing Team also submitted an email to the city council and staff the evening of Mar. 18. The email contained several advocacy letters of support for requiring a 30-day notice to tenants before a landlord can file an eviction and requiring a template created by the city to be used as the pre-eviction notice. The documents are attached at the end of the report following the survey responses. Staff reviewed these documents, but due to the timing of the submittal they have not been fully evaluated as of the writing of this report. Specifically, the community housing team indicated there were 233 evictions from June through February. The source of this data is not referenced and is inconsistent with the data on the Hennepin County Eviction Dashboard. The Hennepin County Eviction Dashboard shows 89 evictions in St. Louis Park in calendar year 2023. Community members and other respondents: offered a mixed response to requiring a 30-day notice. Emergency rental assistance: St. Louis Park Emergency Program (STEP) and Hennepin County provide emergency rental assistance to St. Louis Park residents that meet certain criteria. STEP and Hennepin County’s ability to provide emergency assistance or a guarantee to eligible renters within 14 days is contingent upon timely receipt of supporting documents required to evaluate a request. The City of St. Louis Park has partnered with STEP for many years, providing funding for the emergency rental assistance program. STEP is a valuable resource for both St. Louis Park residents and non-residents. STEP provides rent assistance to residents who have an unexpected crisis and cannot pay their rent. In order to provide rental assistance, the emergency event must be resolvable with the tenant’s ability to pay next month’s rent. Documentation is requested at the time of application. Rent assistance is limited to one month’s rent. Priority is given to those with gross incomes at or below 50% area median income. STEP staff shared that they respond to rent requests very quickly; generally responding the same day or within one business day. Once STEP receives a fully completed application with all Study session meeting of March 25, 2024 (Item No. 1) Page 6 Title: Pre-eviction notice ordinance amendment supporting documents that are needed for rental assistance, they are able to make a determination in less than 14 days. Once a request is approved, STEP sends the landlord a guarantee letter the same day or next business day. Checks are generally sent out within one to three business days directly to the landlord/property owner. STEP indicated the most time-consuming parts of processing rental assistance requests are the conversations to initially screen for eligibility, clients fully completing the application, and clients providing necessary documentation that often needs to be acquired from third parties. These documents include items such as multiple paystubs, bank statements, and bills. Sometimes STEP needs to request additional documentation after the tenant has submitted their application, which often delays the process. Hennepin County emergency assistance (EA) and emergency general assistance (EGA) will provide up to two months of rental assistance and up to $372 in court costs. EGA has a limit on past due rent of $2,000, EA does not have a maximum dollar amount. Emergency assistance staff stated there are times when a determination is made within 14 days and other times it takes longer. The length of time to determine if someone is eligible is largely dependent on how quickly information is gathered by the tenant. If it is determined that a client is eligible, Hennepin County can issue a guarantee the same day. A “threat to evict”, which would include a pre-eviction notice, is one of the eligibility requirements. If the tenant authorizes them to contact the landlord, Hennepin County will notify the landlord that the tenant has applied for emergency assistance. Applicants must be at or below 200% of the federal poverty limit and the emergency situation must be resolvable to be eligible for the programs described above. Minnesota state statute 504.B.291 states “redemption may be made with a written guarantee from (1) a federal agency, state agency, or local unit of government, or (2) any other organization that qualifies for tax-exempt status under United States Code, title 26, section 501(c)(3), and that administers a government rental assistance program, has sufficient funds available, and guarantees funds will be provided to the landlord.” If the county has approved assistance the county will provide a guarantee of payment to forestall the eviction process. Hennepin County has multiple programs that can provide rental assistance. Depending on eligibility a renter may go through something other than emergency assistance. Hennepin County offers financial services at eviction court for eligible applicants, which includes a program that is funded through the metro area sales tax and issued through the Rent Help Hennepin System that residents are only eligible for if they have a court date. The Rent Help Hennepin System will issue up to $7,000 in assistance for eligible applicants. Eviction rate data analysis: Brooklyn Center is the only city in the state that has adopted a 30- day notice of eviction ordinance to date. Brooklyn Center adopted its 30-day pre-eviction notice in April 2022. Hennepin County eviction rates have been lower in St. Louis Park than in Brooklyn Center in both 2022 and 2023. However, it is challenging to determine the direct impact of notice periods on eviction rates due to several factors. It is also difficult to predict how the impacts of the COVID-19 pandemic and recent legislative changes will impact future eviction rates. Study session meeting of March 25, 2024 (Item No. 1) Page 7 Title: Pre-eviction notice ordinance amendment The following data is from the Hennepin County eviction dashboard. Hennepin County eviction dashboard data shows the number of filings, evictions, filing rate and eviction rate by zip code. 55426 and 55416 are the two zip codes that primarily cover St. Louis Park, although they do extend into other neighboring communities including Golden Valley, Minneapolis and Edina. Below is a comparison of eviction data in 2022 and 2023 in St. Louis Park and Brooklyn Center, which adopted a 30-day eviction notice in April 2022. 55429 and 55430 are the two zip codes that primarily cover Brooklyn Center, but also include some neighboring communities such as Brooklyn Park in these zip codes. Beginning on June 1, 2022, all tenant protections from Minnesota’s COVID-19 related eviction moratorium phaseout law expired. Because of the eviction moratorium and the limited time that a 30-day eviction notice has been in place in Brooklyn Center, it is difficult to determine whether a 30-day notice has had a significant impact on eviction filings. In 2023, the St. Louis Park filing and eviction rates were lower than that of Brooklyn Center during which time St. Louis Park had a seven-day notice and Brooklyn Center had a 30-day notice. In all zip codes, the filing and eviction rates were higher in 2023 than 2022. Study session meeting of March 25, 2024 (Item No. 1) Page 8 Title: Pre-eviction notice ordinance amendment The eviction data presented below was taken from the Hennepin County eviction dashboard Mar. 20, 2024 for all evictions, not just non-payment of rent. The eviction rate in both St. Louis Park zip codes was below 1% in 2022 and 2023. Year Zip code City Filings Evictions Filing Rate Eviction Rate Ratio Rental Units 2023 55416 St. Louis Park 138 49 1.6% 0.6% 0.36 8569 2022 55416 St. Louis Park 114 25 1.3% 0.3% 0.22 8569 2023 55426 St. Louis Park 105 40 2.5% 0.9% 0.38 4266 2022 55426 St. Louis Park 103 31 2.4% 0.7% 0.30 4266 2023 55429 Brooklyn Center 273 131 5.9% 2.8% 0.48 4660 2022 55429 Brooklyn Center 202 95 4.3% 2.0% 0.47 4660 2023 55430 Brooklyn Center 179 86 6.2% 3.0% 0.48 2881 2022 55430 Brooklyn Center 97 35 3.4% 1.2% 0.36 2881 Filing rate chart: This chart depicts the filing rate in 2022 and 2023 for the two St. Louis Park (SLP) zip codes and two Brooklyn Center (BC) zip codes. 1.30% 2.40% 4.30% 3.40% 1.60% 2.50% 5.90%6.20% 0.00% 1.00% 2.00% 3.00% 4.00% 5.00% 6.00% 7.00% SLP 55416 SLP 55426 BC 55429 BC 55430 Filing rate 2022 2023 Study session meeting of March 25, 2024 (Item No. 1) Page 9 Title: Pre-eviction notice ordinance amendment Eviction rate chart: This chart depicts the eviction rate in 2022 and 2023 for the two St. Louis Park (SLP) zip codes two Brooklyn Center (BC) zip codes. Policy : The following is a summary of the feedback, research, legislative changes, and housing market dynamics listed as pros and cons of requiring a city-provided form and a 30-day notice: Requiring a city provided pre-eviction notice form Pros Cons All St. Louis Park renters receive the same notice and provide clear, concise language The city attorney has concerns about preparing a notice form to be used Availability of the notice in multiple languages Some programs or funding sources require specific language or an entirely separate notice, resulting in multiple notices being sent to the tenant which could cause confusion All notices would have the same notice title with an intention of making the purpose of the notice clear The city-provided notice cannot include all lease provisions that landlords want included in a notice which could result in multiple notices being sent, adding to tenant confusion 0.30% 0.70% 2.00% 1.20% 0.60% 0.90% 2.80%3.00% 0.00% 0.50% 1.00% 1.50% 2.00% 2.50% 3.00% 3.50% SLP 55416 SLP 55426 BC 55429 BC 55430 Eviction rate 2022 2023 Study session meeting of March 25, 2024 (Item No. 1) Page 10 Title: Pre-eviction notice ordinance amendment Requiring 30-days notice Pros Cons 30 days gives renters more time to secure funds to pay outstanding rent Property owners rely on timely rent payments to pay mortgage, utilities, taxes, insurance and other financial obligations. Small business owners are especially concerned about financial hardship. A 30-day notice creates the risk of the owner losing two or more months of rent. 30 days allows the tenant more time to gather required documents for rental assistance and would provide more time for a determination for emergency rental assistance Residents who fall behind 30 or more days on rent have less chance of catching up and restoring their current housing situation. The tenant’s future housing may be impacted by incurring high balances owed to a previous landlord. For tenants unable to pay within 30 days or unable to qualify for emergency rental assistance, this gives more time to find alternate housing Most landlords work with tenants to resolve issues without going to housing court. A 30-day notice may limit flexibility to address nonpayment situations without going to court. 30 days would provide more time to resolve non-payment to reduce number of evictions filed Could result in unintended consequences such as requiring higher security deposits, stricter screening criteria, increased cost of doing business passed on to tenants in the form of higher rent, reduced developer interest. The 14-day notice passed by the legislature effective January 1, 2024 doubled the time period previously enacted by the city council. There has not been time to evaluate the effectiveness of the 14-day notice period in St. Louis Park. Tenants that are not eligible or able to obtain rental assistance will now owe two months' rent. Next steps: Next steps will be determined based on city council feedback and direction. Study session meeting of March 25, 2024 (Item No. 1) Page 11 Title: Pre-eviction notice ordinance amendment Eviction process from Minnesota Attorney General website Eviction Procedures (https://www.ag.state.mn.us/Consumer/Handbooks/LT/CH4.asp) There are several steps both landlords and tenants must take in an Eviction Action: 1. The landlord must file a complaint against the tenant in district court. At least seven days before the court date the landlord must have someone else serve the tenant with a summons ordering the tenant to appear in court. [Minn. Stat. § 504B.321 (2023); Minn. R. Civ. P. 5.02.] 2. A court hearing must take place within seven to 14 days after the court issues the summons. At the hearing, both the tenant and the landlord will be asked to give their sides of the story. [Minn. Stat. § 504B.321 (2023).] 3. The judge will then deliver a decision. If the judge decides the tenant has no legal reason for refusing to leave or pay the rent, the judge will order the tenant to vacate the rental unit. If necessary, the judge will order a law enforcement officer to force the tenant out. If the tenant can show immediate eviction will cause substantial hardship, the court shall allow the tenant a reasonable period of time (up to one week) in which to move. A tenant may not seek or receive a delay based on hardship if the tenant is causing a nuisance or seriously endangering the safety of other residents, their property, or the landlord’s property. [Minn. Stat. § 504B.345 (2023).] If the Eviction Action has been brought only because the tenant owes rent, and the landlord wins, the tenant can still “pay and stay.” To pay and stay, the tenant must pay the rent that is past due (in arrears), plus interest (if charged), plus a $5.00 attorney fee if an attorney represented the landlord, and finally, any “costs of the action.” Costs of the action includes the filing fee (now about $325) plus the process server fee, plus witness fees if one was called (subpoenaed) for trial; costs do not include other legal or similar fees for handling/processing the case as those are capped at $5. [Minn. Stat. § 504B.291, subd. 1(a) (2023).] If legal action is taken because the tenant owes rent, it is a defense for the tenant to produce a copy or copies of one or more money orders or original receipts for the purchase of money orders if the documents: 1. total the amount of the rent, 2. include a date or dates corresponding with the date rent was due; and 3. in the case of copies of money orders, are made payable to the landlord. The landlord can argue against this defense by producing a business record that shows that the tenant has not paid the rent. The court may give the tenant up to a week to pay the court costs. If a tenant has paid the landlord or the court the amount of rent owed, but is unable to pay the interest, costs and attorney’s fees, the court may permit the tenant to pay these amounts during the time period the court delays issuing an eviction order (Writ of Recovery). [Minn. Stat. § 504B.291, subd. 1(b) (2023).] If the Eviction Action has been brought because the tenant has withheld the rent due to disrepair, the judge may order the tenant to deposit the rent with the court. If the tenant wins, the judge may order that the rent be reduced (abated), in part or completely. Study session meeting of March 25, 2024 (Item No. 1) Page 12 Title: Pre-eviction notice ordinance amendment To be clear: only a law enforcement officer can physically evict a tenant. The landlord cannot. A Writ of Recovery —which is issued at the time the decision is handed down—must be provided at least 24 hours before the actual eviction. The law enforcement officer can show up to perform the eviction any time after the 24 hours have expired. [Minn. Stat. § 504B.365, subd. 1 (2023).] A landlord does not obtain a judgment for unpaid rent in an Eviction Action. To obtain a judgment for unpaid rent, a landlord must bring a separate action in conciliation court or district court. Study session meeting of March 25, 2024 (Item No. 1) Page 13 Title: Pre-eviction notice ordinance amendment Comments received between February 6 and March 6, 2024 Comments below are copied directly from the survey responses. No edits have been made. Responses are broken down in the following categories: renters, rental property owners/managers, advocates, community members and others. Rental property owners/managers are further broken down into three categories: 1) multifamily properties with affordable/NOAH/mixed-income units, 2) multifamily market rate and 3) single family/condo/townhome/duplex Renters Policy addition #1: Requiring property owners/managers to use the city’s pre-eviction form to provide written notice to residential renter(s) before filing an eviction action. I think this would be a great addition and beneficial Absolutely. Time is of the essence at this point Not seeing the form I’ll just offer that the form be a fillable pdf that all landlord can use. The method and time of delivery needs to be clear in the ordinance. I’m please to see a 30-day notice under consideration. Finding other housing and moving help can take some time. Obtaining resources to ameliorate the debt and stop the eviction action can really take time considering how much rent are in the city. I think property owners and people with power need to do everything in their power to help renters avoid unwanted evictions This seems fine, as long as it does not extend the eviction process. People willfully not paying rent cost all renters money by driving up the costs. My landlord in the last 2 years started charging us for water/heat/sewage and how we pay has already changed twice with little notice. I could easily see this as preventing a landlord from evicting someone who is behind simply because the rules change faster than they can keep up. I like this. It seems that more houses in saint Louis park are being bought by rental companies. This policy would ensure that all property owners are on the same page when renting their homes out. NA I think this is a good idea. Otherwise I am worried that the notices will not provide the information that I need. It is hard to know what the next steps are if you do not have good information. I think this is a good idea! This ensures that the language is clear and consistent and can offer support site information. Agreed. Agree This is not enough time ok "Pre-eviction" is a term that has a lot of force. It will get the tenant's notice PDQ. yes, this would provide consistency I think this would be a good policy change and be beneficial to renters. Especially with the economy not being to kind lately and impacting many people. Landlords/rental companies should keep that in mind and be considerate to the renters who are in communication, have made some sort of effort to pay or try to make a payment plan. Why??? The tenant has a responsibility to be aware Agree, the format should be available in multiple languages. I think this is a fantastic idea to ensure compliance with the law and consistency in paperwork. I think it's a great idea so have time if need to vacate Study session meeting of March 25, 2024 (Item No. 1) Page 14 Title: Pre-eviction notice ordinance amendment I think this is good it would help renters know that it's an official process and not an illegal action The number one goal of this policy should be to prevent homelessness and support family and household preservation, and to protect vulnerable residents from being criminalized and penalized for poverty. I've outlined a suggested process below that provides time and support to struggling renters. Renters will need ample time to collect bi-weekly paychecks or find additional income or financial support before being evicted. 1) A "notice of late payment" should be provided to the residential renters not more than 10 days after the date of delinquent or unpaid rent in written, verbal, and electronic form, if renter phone and email are available. Any references or emergency contacts listed on the rental form or lease should also be contacted. 2) If delinquent or unpaid rent remains, a "pre-eviction notice" using the city's pre-eviction form should be provided 30 days after the date of the late payment notice in written, verbal, and electronic form, if renter phone and email are available . Any references or emergency contacts listed on the rental form or lease should also be contacted. This notice should also be provided to financial/social service providers who should contact the residential renters to assess for financial or social service needs and connections to resources to prevent homelessness and support family and household preservation. 3) If renter, or someone on the renter's behalf, make a good faith effort to pay at least 10% of the delinquent or unpaid rent within 30 days of the pre-eviction notice, then there will not be a "notice of eviction" and the renters will be allowed an additional 30 days to pay in full. Agree Yes because sometimes the renter thinks their payment went through and the computer glitches out when really their payment didn’t work Yes. This form should include things that renters can do to resolve the eviction and resources. Legal resources as well as financial resources or ways to resolve common issues and stay in your home Policy addition #2: Increasing the notice of eviction period from the state-mandated 14-day notice to a 30-day notice. If the alleged material breach of the lease (rent delinquency or other unpaid financial obligations) is not corrected within 30 days from the date of the notice, the property owners/manager may proceed with filing an eviction action based on any allegations in the notice. I think 30 days is more of a reasonable time frame to tell someone they could be losing their home Again . Time to make saving home or belongings possible. Why such a rush to give someone a life changing eviction on their record and put on street. As a retired bureau chief for social services in large cities in Virginia I can tell the council how helping clients with an impending evictions stresses city and agenda funds and difficulty in getting friends and family to help. I’ve seen some mighty tearful people at wits end when their income cannot stretch to cover all their basic needs. Put out / locked out by landlords and possession put on the street are heart breaking events for the renter and others. Our caseworkers felt so defeated and helpless when the timeframes ran out. 30 days notice before an eviction action may help some renters resolve the debt or find other safe housing. 30 days would give renters more time to gather funds required to pay the delinquent debt. I do think rules should be different for small, private landlords from what they are for big corporate landlords. A small landlord may not be able to afford the missed rent for that long. 14 Day notice seems completely fine, most landlords will work with good tenants, it is the bad actors purposely abusing the system that ruin it for everyone. 30 days is too long. 14 days feels like bare minimum. I have to give 2 months notice to move out so they can line up another renter. I can't imagine the stress of trying to find a place and fully move in 2 weeks- especially if you're leaving due to lack of funds. I really like this. With the high prices of rentals and houses for sale, the more time for people who are struggling financially will be good for them. My boyfriend and I have been renting in SLP for 3 years Study session meeting of March 25, 2024 (Item No. 1) Page 15 Title: Pre-eviction notice ordinance amendment and we love this city. We wish we would be able to buy a house here but the prices of houses for sale is costly compared to the square foot you get. Many rental companies don’t offer a rent to buy or even entertain the idea of selling either. I think in the 10 years most houses in SLP will only be rentals, so good to get ahead of creating policy's that help the renters. This sounds like a good idea Have been served 30days Eviction Notice I think adding more time is because it takes a long time to get money together. Government programs are slow and by the time the money gets here it is too late to avoid an eviction. Does this also include rule violations or is it also about money? Rule violations sometimes take a while as well. I support the policy that provides the renter with the most time to take corrective action. People fall on hard times and we should do as much as we can to support our neighbors I don't know enough about how quickly people could find another place to live, what the backlog is, etc. to comment on this one. Agreed. Agree This is best ok I agree. 30 days is good/ plenty. 14 days doesn’t seem like nearly enough time for a person to come up with the finances. banks would take more than 2 weeks to foreclose on someone who hasn’t paid their mortgage, renters should be afforded that same luxury. I’m indifferent between the new 14 and proposed 30 day policy. 30 days is fair.. life is unpredictable and sometimes emergency financial payments sometimes make you pick between rent or whatever your personal emergency is (car issues, credit card debt, school, medical etc) Why?? The tenant should have responsibilities as well Stick with the state requirement, there is already backlash from that. I am always in favor of protecting renters and their rights to living quarters. Same as above gives the person the time to correct it or vacate I like this Im not sure it's necessary but it could but a very good measure to help renters that are struggling 4) If delinquent or unpaid rent remains and no good faith effort is made to pay at least 10% of the delinquent or unpaid rent within 30 days of the "pre-eviction notice", a "notice of eviction" should be provided 30 days after the date of the "pre-eviction" notice in written, verbal, and electronic form if renter phone and email are available. Any references or emergency contacts listed on the rental form or lease should also be contacted. This period should be increased to 60 days for any property in which children and/or pregnant people are residing. This notice should also be provided to financial/social service providers who should contact the residential renters to assess for financial or social service needs and connections to resources to prevent homelessness and support family and household preservation. Agree Because if someone starts a new job it takes that long to receive a check from the new employer A lot of the resources I am aware of can take up to 30 days, such as emergency assistance. I would support 30-days, but I think 45 would actually be a lot better Study session meeting of March 25, 2024 (Item No. 1) Page 16 Title: Pre-eviction notice ordinance amendment Rental property owner/manager – multifamily properties with affordable, mixed-income and NOAH units Policy addition #1: Requiring property owners/managers to use the city’s pre-eviction form to provide written notice to residential renter(s) before filing an eviction action. No. Quit telling me how to run my business. We have attorneys and legal representation that can provide us the accurate documentation to comply with state laws. If Bigos Management were required to do this, it would be our preference that we could incorporate the language into our own document that has been reviewed by our legal counsel. As we would assume the risk for mistakes made here, we would prefer some ability to determine if the form would create any additional litigation risk due to the format. No issue with this policy I think this is great! Smart idea! It should be available in as many languages as possible and using standard language so folks are clear on next steps and possible resources to help. I think it should stay at the 7-days but this is ok. See below I have not reviewed this form but I do think I would object I object to the policy addition #1. As an operator, we already have a standard set of forms that are in compliance with state regulations, are court accepted and are produced by our operating software. Any city form would need to be filled out manually and be administratively burdensome. I appreciate this option as it provides a consistent and multi-lingual approach to providing this information. Our form works well, and we use it in every city. To add an additional form will create more of a work for management. It doesn't matter to me as long as I have the required language. Assurance that the wording is given to all owners/ property managers. The eviction process is controlled by the courts and should be left alone. Policy addition #2: Increasing the notice of eviction period from the state-mandated 14-day notice to a 30-day notice. If the alleged material breach of the lease (rent delinquency or other unpaid financial obligations) is not corrected within 30 days from the date of the notice, the property owners/manager may proceed with filing an eviction action based on any allegations in the notice. Contest to St. Louis Park 30 Day Notice of Intent to File based off of Brooklyn Center Experiences To Whom It May Concern: Bader, formerly known as Steven Scott Management, has a long and reputable history of managing market rate, affordable, and tax credit apartments in the Twin Cities. Since 1965 when we owned just a few apartments as Z&S Management, we’ve been proud to serve residents of all income levels, demographics and sizes. Headquartered right here in St. Louis Park, our company has evolved and grown, and we currently manage roughly 12,000 apartments in the Minneapolis/St. Paul metro area for our clients. Of those 12,000 apartments, 618 are in St. Louis Park. We are asking that you seriously reconsider the potential changes to the city’s notice of eviction policy, increasing the notice of eviction period from the state-mandated 14-day notice to a 30-day notice due to its damaging effect on both residents and owners alike. Residents who fall behind by 30+ days in rent, have far less chance to catch up and restore their current housing situation. Further, their future housing may be impacted by incurring higher balances owed that will follow them for years. To demonstrate, we manage properties in Brooklyn Center as well, where they established a 30-day eviction notice period roughly 2 years ago. Below are some examples of why this has been a poor policy decision for renters and residents alike: *Inflation of bad debt 2019-$15,893.55 2020- $5,623.03 Eviction Moratorium In Place 2021-$43,452.43 2022-$73,510.38 Moratorium Lifted June Study session meeting of March 25, 2024 (Item No. 1) Page 17 Title: Pre-eviction notice ordinance amendment 1st 2023-$106,939.83 *The 30-day notice period does not make it easier for the residents who have fallen behind to get caught up. Essentially once an eviction is filed, the resident is now 2 months behind in rent vs. a 14-day notice that would result in the eviction being filed in the same month as rent is owed. With a 14-day notice, it is much easier, to get caught up on one month’s rent vs being buried in two months’ rent. *After the 1st few months into the new 30-day eviction notice, residents figured out the work around which was ‘as long as they are able to pay their rent within the 30 days of the letter, we are required to send a new letter for the next months’ rent accumulated prior to filing’. This sends us on a monthly chase with the same residents and is not assisting the resident with getting caught up, but only staying behind essentially a month of rent at a time. *Once an eviction court hearing has occurred, and a writ is issued, the resident now vacates with a higher balance owed which in most cases ends up in collections. Even with a 3-year expungement, the balance is still owed and collection actions continue. This makes it harder for the resident to find future housing. Our company, and our industry, is well aware of the housing challenges facing cities across the state. We are committed to the communities we serve as a Minnesota-based company. Consistency across the state in different municipalities in terms of housing policies is extremely important for our industry to best serve our customers. The 14-day notice passed by the Legislature essentially doubled the time period previously enacted in St. Louis Park and ought to be given some time to evaluate its effect on our housing market. Going well beyond this statewide standard is foolhardy and will lead to problems in our local market that will be regrettable in the future. We urge the city council to reject this onerous policy and comply with the new state law which just went into effect earlier this year. Sincerely, Jennifer Gordon Chief Operating Officer Bader No. I fear this will have an upward impact on rents. If someone is not paying our business for services rendered (i.e. safe housing) we have the right to find someone that will pay for services. 14 days is already enough. The more my units are collecting $0 income from non-paying tenants the more I have to increase rents to offset my costs. We are a very small owner, 31 units in your city. 100% of our units would qualify for 4d taxes and affordability. I do not have thousands of dollars every year to lose to people that don't pay. I deliberately keep my rents low but if someone isn't paying I need to find a new tenant that will (while following state law) otherwise other tenants need to make up for bad debt every year and I'll increase rents to do so. St. Louis Park City Council Members, I am writing to express concerns regarding the proposed policy amendments currently under consideration by the city council, specifically the extension of the mandated notice period from 14 to 30 days in St. Louis Park. As representatives of Bigos Management, responsible for overseeing seven multi-family communities in St. Louis Park with an additional property set to launch in late summer 2024, we collectively provide approximately 1631 homes in this community, five of the seven properties participate in the affordable housing programs IHP and 4D. Bigos Management has consistently prioritized collaborative resolutions with our residents, reserving housing court as a last resort. The proposed extension of the notice period to 30 days threatens to limit the flexibility we require to address nonpayment situations effectively, potentially leading to the removal of grace periods and enforcing stricter rent payment deadlines by the first of each month. This may, in turn, necessitate the initiation of eviction proceedings immediately after the 30-day period. Our primary goal is to mitigate the necessity of eviction filings, recognizing the financial burden they impose on both tenants and landlords, as well as the adverse effects on residents' rental histories. In 2023, we filed 17 eviction proceedings in St. Louis Park, contributing to a noteworthy surge in delinquent debts. The extended notice period, coupled with the protracted duration it takes for housing court to adjudicate cases and the additional weeks required for the court to restore possession to the landlord, has effectively doubled the timeline for evictions. This, in turn, has resulted in residents and landlords accumulating substantially higher levels of debt during this extended period. Extending the notice period to 30 days would only exacerbate these issues, resulting in increased expenses for landlords and residents alike. Our experience indicates that, in cases of financial emergencies, many residents can navigate available support options and work with us to suspend eviction actions within the initial delinquency month. Residents who proceed Study session meeting of March 25, 2024 (Item No. 1) Page 18 Title: Pre-eviction notice ordinance amendment to housing court often face challenges in qualifying for assistance or do not attempt to secure aid, and extending the notice period is unlikely to alter the outcome of their situations. As a Minnesota-based company committed to the communities we serve, we understand the broader housing challenges faced by cities across the state. We emphasize the importance of consistency in housing policies across municipalities to best serve our customers. The 14-day notice period mandated by the Legislature, though an adjustment for St. Louis Park, should be given time to evaluate its impact on the local housing market before considering a further extension. We strongly urge the city council to reconsider this proposed policy, aligning with the recently enacted state law. Adopting a 30-day notice period would be ill-advised, potentially leading to regrettable consequences in our local housing market. Thank you for your attention to this matter. Sincerely, Jim Cramer Sr. Director of Property Management/Bigos Management Bader, formerly known as Steven Scott Management, has a long and reputable history of managing market rate, affordable, and tax credit apartments in the Twin Cities. Since 1965 when we owned just a few apartments as Z&S Management, we’ve been proud to serve residents of all income levels, demographics and sizes. Headquartered right here in St. Louis Park, our company has evolved and grown, and we currently manage roughly 12,000 apartments in the Minneapolis/St. Paul metro area for our clients. Of those 12,000 apartments, 618 are in St. Louis Park. We are asking that you seriously reconsider the potential changes to the city’s notice of eviction policy, increasing the notice of eviction period from the state-mandated 14-day notice to a 30-day notice due to its damaging effect on both residents and owners alike. Residents who fall behind by 30+ days in rent, have far less chance to catch up and restore their current housing situation. Further, their future housing may be impacted by incurring higher balances owed that will follow them for years. To demonstrate, we manage properties in Brooklyn Center as well, where they established a 30-day eviction notice period roughly 2 years ago. Below are some examples of why this has been a poor policy decision for renters and residents alike: *Inflation of bad debt 2019-$15,893.55 2020-$5,623.03 Eviction Moratorium In Place 2021-$43,452.43 2022-$73,510.38 Moratorium Lifted June 1st 2023-$106,939.83 *The 30-day notice period does not make it easier for the residents who have fallen behind to get caught up. Essentially once an eviction is filed, the resident is now 2 months behind in rent vs. a 14-day notice that would result in the eviction being filed in the same month as rent is owed. With a 14-day notice, it is much easier, to get caught up on one month’s rent vs being buried in two months’ rent. *After the 1st few months into the new 30-day eviction notice, residents figured out the work around which was ‘as long as they are able to pay their rent within the 30 days of the letter, we are required to send a new letter for the next months’ rent accumulated prior to filing’. This sends us on a monthly chase with the same residents and is not assisting the resident with getting caught up, but only staying behind essentially a month of rent at a time. *Once an eviction court hearing has occurred, and a writ is issued, the resident now vacates with a higher balance owed which in most cases ends up in collections. Even with a 3-year expungement, the balance is still owed and collection actions continue. This makes it harder for the resident to find future housing. Our company, and our industry, is well aware of the housing challenges facing cities across the state. We are committed to the communities we serve as a Minnesota-based company. Consistency across the state in different municipalities in terms of housing policies is extremely important for our industry to best serve our customers. The 14-day notice passed by the Legislature essentially doubled the time period previously enacted in St. Louis Park and ought to be given some time to evaluate its effect on our housing market. Going well beyond this statewide standard is foolhardy and will lead to problems in our local market that will be regrettable in the future. We urge the city council to reject this onerous policy and comply with the new state law which just went into effect earlier this year. By the time we get through the 14 day period and wait for a hearing date, and then get a sheriff writ, and then the sheriff lock out we are talking numerous months of unpaid rent. We typically never recover any of the unpaid rent. Where is the protection for property owners? We were hit HARD during covid and had people living rent free for 2 years. Some were covered by RentHelp, but not all. Also, the level of damages in these units is rarely ever covered, and adds to the overall costs and loss. Study session meeting of March 25, 2024 (Item No. 1) Page 19 Title: Pre-eviction notice ordinance amendment In addition, often times when there is an eviction action in process for non-payment, there are other lease violations going on. Violations that even if we do report them, it will not speed up the process. Issues like smoking in the unit (which is often denied and hard to prove), noise complaints from surrounding units, foot traffic in and out of the unit/building that is beyond normal visiting. Extra notice makes it more difficult for the property owners/managers. This is absolutely terrible for landlords AND renters. For landlords- it is already incredibly expensive to go through the eviction process. I have personally spent over $3,000 on legal fees, there is over $4,000 in unpaid rent, the tenant hasn't paid their utility bills repeatedly to the tune of thousands that gets added to property taxes, AND is actively destroying the unit and we will have to completely remodel everything when they move out (bare minimum $10,000 in damages). We have waived late fees MANY times and tried so hard to work with this person before it got to the point of eviction, and now have to pay even more money to post notice to leave, more money to have the sheriff come out to remove, more money to store their things - and I can guarantee we won't see a dime from this tenant. It does not help anyone when an already drawn-out process takes even longer. The tenant continues racking up debt they don't intend to pay (otherwise it would never get to this point), but that debt will absolutely be pursued in small claims and then affect their credit and ability to make future purchases. The drawn-out process is stressful for ALL involved and believe me when I say that no landlord I know pursues an eviction action without exhausting absolutely every alternate option because we do NOT end up money ahead- the opposite is true, and it is a move made out of desperation to get possession back so a terrible situation doesn't get worse. Each week that goes by makes it worse, and incurs more expense (unpaid rent, unpaid utilities, damages). And for tenants - why slow down something that by this point has already been going on for months? Courts typically set up payment plans and draw it out even further. It is awful for neighboring tenants as well, particularly in a multi-family unit. It ruins the experience for others, who are trying to have a positive experience in what is an amazing city to raise a family and with fantastic schools. Instead, units are filled with folks who aren't paying their bills instead of the next possible tenant who will, and will be an asset to the city of St Louis Park, and appreciate the amazing resources it offers. No, that is so difficult for property owners and creates a loss for them. We want to provide fair housing and this is unfair to us. In todays market we could lose so much money if this happens. Hi, I'm the CEO of Real Estate Equities. We just developed Arbor Court Apartments in St. Louis Park. We are extremely grateful to be offering such a wonderful affordable property in your lovely community of SLP. And we appreciate the support and relationship we've experienced with your city staff and council members. I think the above 30 day notice idea is a bad idea if you want to attract more developers to do more affordable housing in SLP. The various requirements imposed by the new state law (14 day) are already onerous for property operators and are part of an overall pattern of increasing burden and risk on the property owner/operator. In general, our company has been avoiding developing affordable housing in City's that appear to have an adversarial stance towards property owners and/or have elected to impose additional regulations on property owners, e.g. Mpls and St. Paul. I'd be concerned that SLP could gain a negative reputation in the development community if it adds to the already significant new 14 days notice rule. SLP is a great community and the best answer to our overall affordable housing shortage is additional supply and helping developers and operators to be successful. I hope this helps. This creates a a hardship for landlords to affectively manage our buildings and provide needed affordable housing in St Louis Park I object to the policy addition #2. We are an affordable apartment operator in multiple cities, only one other requires a 30-day notice. It does not work and results in greatly increased operating and legal costs. It is administratively burdensome and only delays eviction. Most often, it results in residents abusing the system by paying rent on the 30th day or going to eviction court and paying then. These regulations will decrease the supply of new apartments and hurt renters in the end. Given my experience last year with an eviction within Hennepin County, although not in Saint Louis Park, and the extensions granted due to court failures, tenant communication failures, and delays due Study session meeting of March 25, 2024 (Item No. 1) Page 20 Title: Pre-eviction notice ordinance amendment to eviction case loads for the Sherriff's department, the 14-day notice requirement appears to be more than adequate. Start to finish, following advice to provide a 14-day notice, the process to remove the problematic tenants was costly, stressful, and time consuming. Not taking into account that the tenants were found to have done >$10k in damages to the property in addition to owed rent. As an independent landlord with limited support, managing a 30-day notice would require me to provide that notice the day after rent is due in order to maintain a financially stable property. I should note that profitability is currently entirely out of the question where tenants may have chronic rent issues while not seeking help, communicating, or negotiating. The current 14-day notice period provides the tenant a grace period to pay their rent or make a payment plan with management. Most of the time, this leads to a quick resolution of the issue without an eviction being filed. Our number of actual evictions is relatively low considering the amount of units we have in St. Louis Park. A 30-day notice period would slow the process down, and I don't believe that it would have a positive impact on the number of actual evictions. We try to work with everyone to avoid eviction for non-payment of rent. It's been my experience that most of the people who end up evicted from our units have reached a point where they had no intention of paying their rent. It would not matter whether they had 14 days or 30 days, they were not going to pay their rent. Landlords are just people, and the vast majority do not want to evict other people out of their homes. Not only is it emotionally tough to do to another human being, it doesn't even make any business sense. It costs money, creates more vacancy and turnover costs, and usually, the delinquent rent is never collected. As an actual case point, we currently have a tenant in one of our buildings in St. Louis Park who is delinquent on rent. She has told us multiple times that she would pay the rent and then does not pay. Finally, on 2/7, we gave her the 14-day notice. She still did not pay. Then on 2/23, we filed the eviction. Our court date is 3/13. Provided we win in court and she still doesn't move out, it will take about two more weeks to get the Sheriff out to enforce the eviction. If she leaves her belongings behind, we have to store them for another 28 days. And often, when we get a unit back after an eviction, the unit is trashed and costs a lot of time and money to make rent ready again. If all of these things happen (which happens quite often in full eviction cases), this unit will lose revenue for 3+ months. The 14-day period keeps a good balance between tenant and landlord by giving the tenant a grace period and allowing the landlord reasonable timeframe to obtain their unit back. Please remember that the only way we can pay our bills is to have units rented with the rent payments current. The longer our units sit without any income, the further behind we get. We have no other source of income with which to pay our expenses. Thank you for your careful consideration regarding this matter. Please feel free to contact me for any additional information. It was my understanding that the state mandates supersedes cities. If it is 30 days it is 30 days. During covid residents were allowed to avoid paying rent without any reason. Residents that took advantage of that option found themselves deep in debt and requesting bailout funds from local and Federal programs. This was especially severe in NOAH housing. Today they are having dificulty finding apartments because of their nonpayment of rent to prior landlords. Allowing a 30 day stay on the eviction hurts landlords and tenants as it allows tenants to get further into trouble. Most landlords work with tenants that loose jobs or experience health problems. The 30 day notice will do more to harm low income tenants because it will give them a unstatainable safety net and it will cause landlords to raise their standards for new applicants. Why would a landlord want to accept tenants that have a bad credit history. What can the city do to be proactive? It can develope a standarized training program for tenants to teach them about timely payment of debt, saving money, budgeting ad saving money for emergencies and buying homes. In summary the 30 day notice hurts the persons it was intended to help. Further if the City is going to control the economics of the apartment industry it might want to consider30 day delays for payment of wages, property taxes and all other contractual obligations in the City. Study session meeting of March 25, 2024 (Item No. 1) Page 21 Title: Pre-eviction notice ordinance amendment Multifamily market rate Policy addition #1: Requiring property owners/managers to use the city’s pre-eviction form to provide written notice to residential renter(s) before filing an eviction action. I am in support of this yes This seems like an extra barrier to a landlord filing an eviction. We’re already required a letter from my understanding. The process is cumbersome and no one from the county is there to help the landlord figure it out. This is an extra unnecessary step that will only complicate the process further. The 14 day is the law now why complicate it? No, I have my own and it contains all the necessary information including rental assistance programs offered through St Louis Park and the State of Mn. It is always nice to have a form however, no form always covers all situations. I would recommend providing a template for use to help make sure everyone has the same information. The template should be able to be modified to reflect the situation. Weidner property has their own and would like to stay uniform in that way. In the 14 notice to quit, we spell out unpaid rent, late fee, who to pay rent to, where to call to find money. Not sure what else we can give them I think that this one isn't that important one way or another. Weather we use your form or ours all the important information needs to be the same. If the city believes that enough pre-eviction notices aren't containing the proper information then it makes since to switch. I think it is unnecessary. I think a letter from the property management company is sufficent. I think adding a form is just making it harder on landlords and property managers. One more hoop to jump through. I have no issue with this this policy addition I feel the same way regarding both proposed policy change proposals - there is a current State of MN process for eviction of tenants. If you add on a local policy it will be confusing and cause more difficulties in an already difficult situation. In the real world, a tenant will have been given notice of being behind on their rent and will have had more than 30 days to remedy the situation (most like at least 30 days). It makes no sense to confuse the rules - for the tenant or the landlord. One more cumbersome step for landlords who are being cheated, lied to, and taken advantage of. St. Louis Park has become the enemy of responsible hard working citizens. My taxes on the property have increased from $2400 to over $8000/year! Please don't spew the hypocrisy about "affordable housing" as extreme taxation has been my greatest expense and will overtake the mortgage in about 1 to 2 years. I do not agree. Pre-eviction should be between property owner and renter. No issue with this policy This seems pretty standard in many cities now. Sometimes this forms can be more cumbersome, so they should be easy to work with. Yes Being consistent with the state makes the most sense. Currently follow this practice. No objection to using a standard form as long as the language is clear. Policy addition #2: Increasing the notice of eviction period from the state-mandated 14-day notice to a 30-day notice. If the alleged material breach of the lease (rent delinquency or other unpaid financial obligations) is not corrected within 30 days from the date of the notice, the property owners/manager may proceed with filing an eviction action based on any allegations in the notice. Study session meeting of March 25, 2024 (Item No. 1) Page 22 Title: Pre-eviction notice ordinance amendment This is unnecessary as renters are given plenty of notice with a 15 day notice (and often longer depending on the situation with their landlord in previous communications). As a property owner providing safe, affordable housing in St. Louis Park, this puts us at risk to loose multiple months of rent by having to give 30 days from 15 days. It has been increasing more expensive to provide rentals in the city of St. Louis Park with rising taxes and insurance that this will drive landlords to either have to raise rent or not provide housing. yes If a landlord has already gotten to the point of evicting someone, it’s been a long time without pay. The eviction process is also costly. To add two more weeks to it is another huge cost. The house needs to be cleaned and repaired, which often takes another full month. By the end of the eviction process, a landlord is out several thousand dollars. For us, we live in a duplex with renters on the other side. We’re not rich people getting richer. We can’t afford those extra costs. 16 more days translates to $2,000 more that we’re out. We do not have endless funds to keep shelling out, and the profit margin is not big enough to make up for these costs. not neededthe 14 day is enough. It is my feeling that a longer period will be harder on the residents to find future housing having at least 3 months owed in back rent No 1. Impact on Landlords: Longer notice periods can prolong the time it takes for landlords to address lease violations or non-payment of rent, potentially leading to increased financial strain if tenants are not fulfilling their obligations. 2.Property Management: Extended notice periods may also complicate property management, as landlords may need to wait longer before taking action to address issues such as non-payment or breaches of lease agreements. 3. Tenant Behavior: Longer notice periods could enable tenants to take advantage of the situation by delaying payment or compliance with lease terms. Being understanding and accommodating can foster positive relationships and potentially prevent evictions. Here are some steps I take to assist struggling tenants: Open Communication: I Encourage tenants to communicate with me early if they are experiencing difficulties. I Create a welcoming environment where tenants feel comfortable discussing their challenges without fear of immediate repercussions. (A 30 day eviction notices takes this away from me. Takes away the "humanness") Flexible Payment Plans: I have offered flexible payment plans to tenants who are struggling to pay rent on time. This could involve breaking down payments into smaller, more manageable installments or temporarily adjusting the payment schedule. (30 day eviction notices takes this away) Referral to Resources: I provide information about local resources and assistance programs available to tenants who are facing financial hardship. This could include government assistance programs, nonprofit organizations, or community-based services that offer rental assistance or financial counseling. Temporary Solutions: Consider temporary solutions, such as partial rent forgiveness or rent deferment, for tenants who are experiencing short-term financial difficulties due to unforeseen circumstances like job loss or medical emergencies. (30 day eviction notices take this away from me) A 30 day eviction notice is NOT the answer it actually makes things worse for both. By taking a proactive and compassionate approach to working with struggling tenants, I can help alleviate their financial burden while also maintaining a positive landlord-tenant relationship. This approach ultimately lead to better outcomes for both parties in the long run. The 30-day notice for pre-eviction is not only burdensome but also poses significant challenges to both landlords and tenants alike. Extending the notice period from 14 to 30 days exacerbates an already lengthy and complex eviction process, leading to unintended consequences that ripple through the housing market in St. Louis Park. First and foremost, the extended notice period directly impacts landlords' ability to manage their properties efficiently. In cases of non-payment of rent, landlords face the prospect of extended periods without rental income, which can have severe financial implications. With the current 14-day notice period, landlords are already stretched thin, navigating through the intricacies of housing court, which typically takes 30 to 45 days to resolve. Doubling the notice period only prolongs this process, potentially leaving landlords in limbo for over 60 days before regaining possession of their property. The financial strain on landlords doesn't stop Study session meeting of March 25, 2024 (Item No. 1) Page 23 Title: Pre-eviction notice ordinance amendment there. The uncertainty surrounding extended eviction timelines necessitates budgeting for prolonged periods of lost revenue. Landlords may find themselves forced to allocate resources for up to 90 days of vacancy, factoring in not only the time it takes to evict a non-paying tenant but also the downtime required to re-rent the property once possession is regained. This prolonged vacancy poses a significant risk to landlords' financial stability and may deter investment in rental properties altogether. Moreover, the implementation of a 30-day notice period could trigger a series of unintended consequences that further exacerbate housing challenges in St. Louis Park. One such consequence is the potential for landlords to tighten application criteria in an attempt to mitigate the risks associated with longer eviction processes. Heightened scrutiny during the application process could disproportionately affect vulnerable populations, making it even more difficult for individuals and families to secure stable housing. Additionally, landlords may respond to extended eviction timelines by imposing higher security deposits and increasing rental rates to offset the increased financial risk. This, in turn, exacerbates housing affordability issues, making it increasingly challenging for low and moderate-income residents to find suitable housing options within the community. Furthermore, the prospect of extended eviction timelines and heightened financial risks may deter developers from investing in affordable housing initiatives in St. Louis Park. The increased regulatory burden associated with longer notice periods could disincentivize developers from undertaking projects aimed at expanding the supply of affordable housing, further exacerbating existing housing shortages and affordability challenges in the community. In conclusion, while the intent behind extending the notice period for pre-eviction may be well-meaning, the potential consequences must be carefully considered. Rather than addressing underlying issues within the housing system, such measures risk exacerbating existing challenges and undermining efforts to promote housing stability and affordability in St. Louis Park. Alternative solutions that balance the needs of both landlords and tenants while addressing systemic issues within the housing market are necessary to achieve meaningful and sustainable change. To do so is allowing for them to basically continue to go in arrears on for another month causing a spiral effect. Additionally, we would like to keep in step with our other Minnesota properties. If we give them 14 day notice to quit, no money. Then file takes 2 weeks to get a court date. When you get to court if they are trying to find money the court delays the trial to give the tenant time to try and find money. So by that time we are into our second month with no rent, it is being made harder and harder on the landlord. This is a big discussion. I hope more landlords are involved in the decision makeing process. I think that 14-days notice is enough time. The whole process is lengthy, time consuming, and expensive. additionally 14-days is fair for the tenant/resident. 30 days doesn't help the resident or anymore then 14 days and won't do anything to resolve the issue. It will end up increasing costs for the owner, therefore increasing market rents. I think this too is a bad idea. 14 day pre-eviction notice is enough. As a property manager I communicate with all my residents that are not paying rent on time. Often with little to no response in return. I think there should be more responsibilty for the resident to communicate their status on how they plan or not plan to pay rent. It can't all fall on the shoulders of the property management froup. My opinion is this will result in an increase to our bad debt. Residents balances will grow beyond a reasonable amount for them to pay off. In my opinion it makes more sense to assist landlords in best practices for finding tenants who can pay the stated rent (credit checks, background checks previous evictions) and bring back the Drug/Crime addendum requirement. That was an effective deterrent to those issues as well as eliminating potential problems with renters. See above for the same response to this policy change. This policy weakens the position of hard working, responsible property owners and allows a greater window for retaliatory vandalism. It is an unnecessary government over reach. It protects delinquent tenants and is a shield from law and justice for those who do not comply with the agreed upon lease. Will be a major victory for drug users, degenerate free loading tenants, and the criminal element. Study session meeting of March 25, 2024 (Item No. 1) Page 24 Title: Pre-eviction notice ordinance amendment The state mandated 14 day notice already puts a property owner at risk for losing another full month's rent (money I need to pay mortgage, bills and property taxes). Extending this to 30 days means property owners will be at risk of losing a minimum of 2 months rent. If tenant ends up being evicted, overdue rent typically does not get paid by tenant. I then need to pay for repairs and cleaning to get my home ready for next tenant which puts me at risk of losing up to 3 months of rent. I am a nurse and 3+ months of lost rent, not including unpaid rent from tenant prior to eviction is very costly for me. I am opposed to extending beyond 14 days. Please take into consideration that 75% of landlords are "mom & pop" property owners, we are the ones who pay property taxes, utilities, garbage, city fee's for licenses NOT THE TENANTS. extending beyond 14 days is punishment to property owners, our rights should be considered too. 30 day leeway is a little long, St. Louis Park should keep it at 14 days, staying along with the city new law. I work as much as i can with residents when they pay late. I dont believe threatening an eviction or constantly bringing it up when someone pays late or has a smaller balance is beneficial. Managers and residents need to do their best to work together to reduce any rent balance. I use eviction as a last resort when a balance is not getting reduced. I do my best to get residents to reach out to emergency assistance and other programs. Since housing courts can be 30 days out, pushing notice periods back even further can cause more issues and financial strain on a property. Time, effort and money should be going more into resources to make sure residents have resources in case of an emergency. No No. This is completely unnecessary. Residents know when they have not paid rent. If you want affordable housing, stop making it difficult for landlords to collect the rent that is owed them. Courts get backed up and it creates a situation where renters accrue larger debts when several months are then owed. The past 7 Day, now the current 14 Day Notice has been an adequate amount of notice. A 30 Day would cause further debt to accumulate, causing a larger issue for renters. Disagree with this. This will automatically put residents at minimum two months behind on the rent- the current month of default + after the waiting period the next months rent. This is not beneficial policy to the resident nor the landlord. It's creating unnecessary financial burden for both. As operators of multifamily housing, we strive to create a safe and welcoming environment for our residents. Unfortunately, there are times when a resident/household does not follow community guidelines and makes other residents uncomfortable in their own homes. In situations where this behavior is a material breach of lease, we have the ability to evict. By increasing the eviction window from 14 to 30 days, there is the potential for this unwelcome behavior to persist for a longer period of time. It is unfair to the other residents in the building to have to accommodate unwelcome behavior for an extended period of time in order to protect the offender. In addition, there are many families, individuals, couples, etc currently looking for housing in St. Louis Park, which is in scarce supply. In some situations, they may be living in substandard housing, crowding into smaller apartments homes, or some other less than ideal living situation while they wait for better housing to become available. By prolonging the eviction process, these groups will have to wait longer to obtain quality housing. Again, this is a situation where the greater community is being adversely impacted in the name of protecting lease violators. Study session meeting of March 25, 2024 (Item No. 1) Page 25 Title: Pre-eviction notice ordinance amendment Rental property owner/manager – Single family/condo/townhome/duplex Policy addition #1: Requiring property owners/managers to use the city’s pre-eviction form to provide written notice to residential renter(s) before filing an eviction action. No problem. This is not needed. With the new MN statute which went into effect 01/01/2024 there are already requirements from the state that are very thorough. Adding your own forms for only one city in the state is confusing for property owners, managers and tenants. Absolutely not. Our Minnesota State Law is the standard we should follow. State law also mandates the wording that must be in the eviction letter. We can't have every city trying to rewrite state laws. I don't generally have an objection to forms so long as they are balanced and impress the gravity of situation to the tenant. This proposal is simply an attempt to put a thumb on the scales of landlord tenant law by injecting the tenant's rights activists into the eviction process as early as possible. Firstly the tenant knows they haven't paid the rent or when they have violated their lease. Landlords and tenants actually communicate with each other frequently and effectively, especially when the rent hasn't been paid on time. It is not a secret that this proposed policy will be used to require an owner/manager to deliver to the tenant, in advance of an eviction, a list of tenant rights and resources available to fight (read how to contact activist advocates). The intent isn't to aid in effective communication between landlords and tenants, but rather to force the landlord to deliver a manual to the tenant on how to lawyer up at no cost. The city wants to give tenants and the activists as much time as possible to connect and get prepped to fight or negotiate. Everyone knows this is simply a way to use the landlord as the messenger on behalf of the advocates to hand a "know your rights" and "call a tenant's right activist" information flyer imbedded in a notice of eviction. It is pure political favoritism to the tenant's rights activists at the expense of property owners and managers' right to rely upon and enforce their property rights as negotiated under the terms of legal residential leases. Although I have not filed any evictions in the City, I do not advise on making the process more difficult for property owners. Ultimately if there are too many rules and regulations, there will be less rentals available in the City. Any form of written notice should be sufficient in letting a tenant know they will be filing for eviction. Requiring a form just adds more potential complications for the property manager. That's fine. I would support using a city authored form to notify renter(s) before filing an eviction action. I believe consistency is important. There should be no doubt of the meaning and action required based on a standard form that applies to everybody. I think this is fine. I like the idea of using a form to provide eviction, then it's consistent and legally we are doing it correctly. Disagree. We have enough government control over things. It is difficult to reach some governmental units which would delay things even more. It is hard to see what benefit this would provide. The State of Minnesota already provides for a 14 day notice. Is additional notice really needed? Residents have already contractually agreed to pay and no doubt know that they have not paid. thats fine No issue with city form Agree I am in favor of this change. It would be good for rents to know of resources. Study session meeting of March 25, 2024 (Item No. 1) Page 26 Title: Pre-eviction notice ordinance amendment Not in support. Because I'm involved in city matters, I would find this easy. However, many property managers are not nearly as involved and would have no idea this is required. Prop mgrs could believe they are acting correctly only to find out that they didn't use a specific form. The pre eviction should be considered the lease the tenants signed. The lease (should) clearly state the rules regarding late payment. How does this benefit the tenant long term? It tells them they can be late and it’s okay. This could cause additional administrative cost for my business resulting in increased future rent. If it’s an easy to use form, I have no issue with this. Why? Can you explain the reason for this and the benefit to tenants and owners? Our attorney-drawn lease covers all of these situations. What is the goal, here? This is a good idea since written notice is already required by the state. I feel like any written notice should be allowed as long as the necessary info is included. City doesn't need to mandate their form be used but could offered as a resource to landlords. Keep in alignment with the Minnesota mandated 14-day notice, which would start 7 days after the pre-eviction form. There are already state rules that govern the eviction process. Adding addition city rules only makes an already difficult process more cumbersome, and does not help the situation. Need more info on what the forms will require before we can provide feedback in this ask. Without details on what will need to be included in the pre-eviction form, it should not be approved to force to use the form. The city needs to consider the rights of landlords and not just renters. Owners of 1-2 properties do not have the time and finances to manage new requirements. No problems. Please stick with the requirements of the state and not add extra to this process. I am good with this I think this is fine as long as the City Attorney reviews the form to confirm that it complies with State Law before the form is approved. Policy addition #2: Increasing the notice of eviction period from the state-mandated 14-day notice to a 30-day notice. If the alleged material breach of the lease (rent delinquency or other unpaid financial obligations) is not corrected within 30 days from the date of the notice, the property owners/manager may proceed with filing an eviction action based on any allegations in the notice. This proposed change is absolutely asinine. I am a proponent of affordable housing and currently rent out both sides of a duplex between 30%ami and 60%ami. The 30 day notice puts an undue burden on owners of the property. Having recently finished the eviction of the 30% ami unit we have absorbed over 10000 of damages (unpaid rent, damages to the property, attorney fees, etc etc. I am not some massive corporation who is faceless. I provide safe, updated, and affordable housing and in turn use this to help my family. I have lived in my units. Rehabbed them myself, added to the tax base and work ad a partner in the community. We take care of our residents and this is a slap in the face to consider a 30 day eviction notice. I agree with many tenant protections but this is too arduous and crosses a line from a balance at 14 days to ludicrous. To get to an actual eviction after the 30 days notice, add another month or two afterwards to complete the process and you have some on control of a unit damaging it, Not paying for it. Etc for 3 months. Please don't do this. When a person gets a month behind on their rent, they very rarely are ever able to catch back up. This leaves them always in arrears of financial obligations. Any smart minded business person is simply going to non-renew their lease upon expiration due to the fact that they are always carrying a large delinquency. For a person who is truly struggling financially there are many programs/agencies who can help them get back on track. That is in the best interest of all parties involved. If a resident moves out owing back dated rent they likely are going to owe money after the deposit is reconciled. So either way that hardship will continue to haunt them after move out by denial of residency Study session meeting of March 25, 2024 (Item No. 1) Page 27 Title: Pre-eviction notice ordinance amendment elsewhere and collections agencies which affect the credit score. Pushing the issue down the road isn't in the best interest of the tenant, resolve is. And again, Adding your own policies for only one city in the state is confusing for property owners, managers and tenants. Hell no! Even with a 14 day state mandated eviction notice...it is about 30 days before you actually go to court. Tenants who are not paying use this to their advantage. Frankly they don't care if they pay or not, until they try to find a new place to rent. Is the City of St. Louis Park going to reimburse owners for their losses if you increase the notice? The letter mandated by the State also specifies where the tenant could go for help with their rent. Most rental companies have posted in their buildings where renters can go for state aid. It is not the apartment or rental home owners responsibility to absorb the cost of unpaid rent by the tenants. Most tenants owe anywhere from 2-4 months rent, by the time they get evicted. The longer period is only prolongs the enviable. Having been a property manager for 20 years, if tenant can pay they will. In hundreds of leases, the cure period has never been successful for me. To extend the notice period by an additional 15-16 days, simply is the city of st louis park giving additional "free" rent to each tenant that the owner/manager successfully evicts for non-payment of rent. For evictions due to lease violations such as noise, or violating a neighbors lease rights, this longer notice period forces the neighbors of the tenant being evicted to be further victimized before the landlord can effectively act on their behalf. This is ridiculous. I should allow someone to live in a house I own for free for 30 days, and at that point officially start the eviction process? Do you think my bank will give me a free 30 days without paying my mortgage? It sounds like this city council wants SLP to become more like Minneapolis. What a joke. Although I have not filed any evictions in the City, I do not advise on making the process more difficult for property owners. Ultimately if there are too many rules and regulations, there will be less rentals available in the City. Increasing the length of notice required prior to filing eviction is unreasonable. Especially when considering the delay between filing and the granted court date. Last year it our court date was 2 months after filing. The courts already state, the eviction is not granted if the tenant meets all financial obligations prior to the hearing. Adding additional required notice just extends the financial burden/hardship to property managers and could end up in less settlements due to this hardship. No. Keep it at 14. Owners are squeezed on margins due to insurance increases and other assessments. It should only be 14 days. I believe 30 days is too long to allow for a correction and puts small volume landlords like myself at a disadvantage. I would support remaining at the 14 day, state mandated period. I would not support the 30 day notice. I don't agree with this. Usually it takes a bit to get to this point and things probably haven't been going well for a while and it just prolongs it. I think that is too long and 14 days is plenty. I'm guessing the additional 16 days don't make a difference. If they can't pay in 14 days, they likely don't pay in 30 either and it just delays things. And then it is hard on the owner as far as collecting lost rent and being able to repair it & clean it to show it and try to get it rented. I think this should stay at 14 days vs 30 days. Moving from 7 day to 30 day is drastic. I think following the state law at 14 days is a good middle ground. We just own 1 duplex and if it's a payment issue we cannot afford to go that long without a tenant paying. If the eviction is for another reason we want to get the tenant out sooner than later so hopefully they won't do as much damage. Disagree. As a landlord, property manager, the owner already loses 2 months rent due to eviction. Serve letter, wait for time period and then evict which takes about a month. This would cause them to lose even more money. Hard to see how additional notice benefits a resident. They will already be getting 14 days notice. All of these notice provisions that delay an eviction or lease termination do not really benefit the resident. The longer it goes on the higher the collection claim. During COVID, I had multiple residents who extended their occupancy because of the impediments in the system. The result was both a Study session meeting of March 25, 2024 (Item No. 1) Page 28 Title: Pre-eviction notice ordinance amendment delay in eviction but also a vast increase in collection claims against them. Evictions that previously would have resulted in collections of a few thousand dollars increased to collections of over $10,000. Does the resident really benefit from a further delay? I own rental property in minneapolis so I haven't used SLP's process, but I think that 30 days vs 14 makes me less likely to want to be lenient with tenants as the eviction process is already lengthy and my rents barely cover the mortgage much less all the utilities and snow removal. If a tenant notifies me in advance taht there will be a challenge paying I am open to helping, but I also need to protect myself. The process of eviction often takes some time, 2 weeks is sufficient notice. Once filed often takes substantial time in court to complete. With this policy you're looking at 3-4 months of a tenant in a property, with notice of eviction and unlikely compensation. This is a high risk period for further damages and obviously heavy lost income. As a landlord who manages elsewhere, I will think long and hard prior to purchasing and renting additional property in Saint Louis Park. As an initial matter it is disappointing how the city presented this survey to the community. The City selectively directed its community outreach related to the solicitation on the Notice of eviction policy changes solely to renters. Specifically, it posted on Facebook, "Are you a renter in St. Louis Park? We want to hear from you on changes to the St. Louis Park notice of eviction policy. Comments will be accepted until March 6 at bit.ly/EvictionPolicySurvey." To truly gain an understanding of your constituents' views I would encourage the City to actively seek comments from all community members. As it relates to the notice period itself, City Counsel members suggested an increase from 14 to 30 days during the Oct. 23rd Study Session due to the following: (1) a Counsel Member's family member having received two eviction notices in the last two months and the impact eviction can have on obtaining subsequent housing; (2) 14 days did not provide enough time to utilize applications for assistance or obtain legal aid; and (3) if someone can afford to own a property, perhaps they can better afford to weather a loss. The 14 day notice period was enacted to address the unexpected hardships individuals may face and permit renters to obtain assistance and legal help in the unfortunate event they find themselves in such a hardship. The reasons suggest by members of the City Counsel in favor of the 30 day period fail to demonstrate how the 14 day period is inadequate. Rather, the State legislature and those in favor of the state bill recognized 14 days was in fact adequate to meet these needs. The City Counsel must strike a balance between providing help to those who cannot meet their rent obligations and the hardship that a homeowner faces when they do not receive the rental income to pay their mortgage, property taxes and other expenses (which do not have 30 day grace period for payment). The 14 days strikes this balance and more time should be given to see the impact this new law has before the City considers extended the requirement. It is an inaccurate and broad generalization to state that because "someone can afford to own a property, perhaps they can better afford to weather a loss." Those someones the Counsel Member is referring to in the statement, could be a family that needs that rental payment to put toward their mortgage and other obligations.. it is a form of income that is relied upon to meet obligations, just as a renter's income is relied upon to meet their obligations. If the true intent of the City Counsel is to provide opportunities and resources for individuals to utilize applications for assistance or obtain legal aid, then I encourage the City to evaluate options of how this information can proactively be provided to renters, such as in the lease, rather than placing such hardship on homeowners by increasing the notice period to 30 days. Not paying rent can result in an eviction and more difficulty in obtaining housing. Yet, not receiving rental income for multiple months (which could be likely result if forced to provide a 30 day notice period and proceed through the eviction proceedings in court) could result in foreclosure. I strongly urge the City Counsel to consider the implications this has on all parties involved. This seems too long to me. As a property owner, I wouldn't serve this notice until the rent was at least 2-3 weeks past due and only if the tenant had no plans or ability to pay the rent. Waiting an additional 30 days past the eviction notice would mean not receiving rent for almost 2 months. If the notice is Study session meeting of March 25, 2024 (Item No. 1) Page 29 Title: Pre-eviction notice ordinance amendment changed to be a 30-day notice rather than a 14-day notice, it would incent property owners to serve eviction notices more quickly after a non-payment of rent. The end result would likely be the same. I am not in favor of this change. It is a potential hardship for single unit owners. I am supportive of the 14 day metric. Evictions already take time and money increasing this to 30 days places and undue burden on us landlords. St. Louis park is already a city landlords dislike with these continued changes there will be less small time landlords offering single family homes for rent in the Park. In support of this. 30 days seems fair. However, what policy makers may not be aware of is that some tenants will take advantage of this and repeat the offending issue over and over again, month after month. There needs to be some type of escalation for problem renters who abuse the system. This is absolutely insane. The people who create and propose these changes clearly do not own rental properties. I think the city needs an education on what we “make” on these rental units. Missing 1 months rent payment can kill a yearly “profit.” The city and state need housing. FACT. So why are they making it that more difficult to own a property? Are we trying to scare property owners from buying rental units? Seriously this could add 6 weeks to an eviction (2-3 months) plus the repairs that will need to be made. You’re looking at 5-6months minimum in this case. 2-4weeks makes a huge difference. Why is the city and state telling people how to do their job when they have no experience doing themselves? Insane. This most certainly will cause increase in cost to my business creating a need for increased future rent and potential to sell to owner occupant reducing number of rental properties in the city This provides hardship on small property owners such as myself. If my tenant doesn’t pay rent, that burden is on myself to cover the mortgage. Requiring 30 days (16 more than the state mandate) is unnecessarily long to start proceedings. Please consider us small property owners when deciding to vote against this policy change. This will put smaller owners out of business. Taxes are high enough as it is and keep going up. St. Louis Park rental license keeps going up. Twice a year required inspection costs even more money. HOA fees are going up as well, so the rent needs to also go up. To wait 30 days for an eviction proceeding to start would put me out of business. I need that rent to pay the mortgage, and my rent is reasonable. It takes several weeks to find a new renter. We're not a for-profit business, just hoping to break even, like many other smaller owners. All this will do is increase rents and price out some renters. Please take a closer look at the trickle down ramifications of this. Think about what happens if you don't pay your mortgage for 30 days. A larger company could probably manage. For me, a missed mortgage would be very difficult. Why don't you change the rules so that an owner with less than four units can abide by the 14-day state requirement? Even 14-days is tricky enough? A larger company could manage better than an individual owner. Please do not do this to us. 🙏🙏 30 days seems like overkill. The mandated 14 days is great. Most lease agreement already have a grace period. When payment periods are already 30 days this could be a horrible cycle of delinquencies and notices. Is there also going to be a maximum amount of notices in a 1 year period? This seems like a perfect system for anyone looking for a loophole to exploit. Follow the state guidelines. The state mandates the law so I don't feel like the city needs to overstep and add extra time for delinquent payments. We rely on the income from our rental condo to support our family. If a tenant is delinquent in rent then it already takes long enough to evict them and try to recover the lost rent. Landlords will work with their tenants to avoid the eviction process whenever possible. If a tenant doesn't have a plan in place within14 days to pay their rent, they most likely won't have one place in 30 days. Adding additional delays doesn't change the end result, only makes the process more difficult for both the renter and landlord. Please consider property owner rights too before making these decisions and increasing the requirements. In today’s market, putting a significant financial burden on owners is not feasible and unfair. Study session meeting of March 25, 2024 (Item No. 1) Page 30 Title: Pre-eviction notice ordinance amendment This is not reasonable for landlords who now will have the financial burden for more than required by law while renters can stay rent free for longer periods. The city should stay within the required state law considering the rights of landlords and not just renters. Owners of single properties they rent do not have the resources to manage additional requirements. When a tenant is not paying rent, landlords need a more speedy time for eviction. After the notice a court date needs to be set which can take a month or more. This will make landlords wait at least 2 months to evict a non paying tenant.Costs are high. They need to receive their rent on a timely basis. Property taxes and other costs have increased. Waiting 2 or more months put owners at risk. People will start to think about not having or not buying rentals then. I would like to keep it at 14 days notice. If we get to that point, it will be difficult to pay the mortgage if our tenants are not paying us. I do not agree with increasing the notice period above the state guidelines. Going to a 30-day notice period will make it more than four times longer than the previous standard. I, like many landlords have very little money to afford not being paid by a tenant. Mortgage companies still need to be paid and allowing tenants 30 days before I can even file puts undue hardship on the landlord ultimately creating a worse rental market. I am not ok with 30 days - it should be the same as the state. In that time I too have financial obligations and also the worry of damage etc to my unit. it should match the state I disagree with requiring anything more than State Law. The eviction process is already incredible long and costly. It can take months to get a court date. It doesn't make sense to increase the timeline of a process that is already easily months long if you factor in how long it takes to get a court date prior to being able to issue a summons. If a landlord prevails in an eviction case taking months long while rent is not being paid, there is no simple/likely way to recapture that cost including lost rent and legal/court fees which ultimately drives rents higher to cover general eviction cost risk. Thank you for considering my comment. Study session meeting of March 25, 2024 (Item No. 1) Page 31 Title: Pre-eviction notice ordinance amendment Advocates Policy addition #1: Requiring property owners/managers to use the city’s pre-eviction form to provide written notice to residential renter(s) before filing an eviction action. I think this could hold merit but shouldn't be yet another hoop for the owner/property manager to jump through. As a tenant, it's nice not to be blindsided by an eviction notice. Yet it's more difficult to imagine a scenario in which a tenant is oblivious to an upcoming eviction notice. Wrongful acts are seldom not recognized by the perpetrator. I think the existing state mandated process already provides steps for owner/manager and protection for the tenant to navigate. Makes me wonder what is unique to St. Louis Park that warrants the pre-eviction form that the county and state don't share. I think if this policy does get approved, it should not add additional time to the overall eviction notice. I am in support of a universal form for landlords to use in St. Louis Park. This ensures that each resident is receiving the same information regarding potential eviction. I would strongly encourage this notice to include details in multiple languages as well. I am in favor of a standard form that is easy to read and includes all relevant information to position the renter to resolve their situation Yes, that would add consistency to information given and possibly a tracking avenue. This seems like more paperwork and complexity for landlords who own property in multiple jurisdictions. What would the benefit be to the resident? Yes Approve Yes, the city should provide a template so that all tenants receive the same information and it’s easy to understand. Policy addition #2: Increasing the notice of eviction period from the state-mandated 14-day notice to a 30-day notice. If the alleged material breach of the lease (rent delinquency or other unpaid financial obligations) is not corrected within 30 days from the date of the notice, the property owners/manager may proceed with filing an eviction action based on any allegations in the notice. I disagree with the increase as it puts the financial responsibility and burden on the owner/manager without any compromise from the tenant. What is unique to St. Louis Park that warrants the 30 day increase and pushing the financial burden that the county or state don't share? Especially since the notice time has been doubled from seven to fourteen days already. I think if this policy does get approved, the city of St. Louis Park needs to have a program that offers some financial assistance to the owner/manager through the eviction process. I am in full support of extending the notice of eviction period to 30 days. This provides more time for families to correct the missing payment(s). Many organizations who provide emergency assistance take more than 14 days to process applications, extending this notice period allows the family a greater opportunity to make the necessary payments and avoid eviction/homelessness. 30 days is important because finding housing alternatives, arranging for school transfer and getting rental assistance are all extremely timeconsuming Yes, 30 days gives tenants time to find more affordable housing and/or take advantage of available resources to keep their housing, or legal help at court. Residents should have a clear understanding of their financial obligations and if they predict that they will be late, they should start communicating early, not wait until they are late and get a notice. Residents need to be more responsible when signing leases they can not afford. Yes, this is an ethical response. Approve Study session meeting of March 25, 2024 (Item No. 1) Page 32 Title: Pre-eviction notice ordinance amendment Yes 30 days should be allowed. Tenants need time to reach out for financial and legal assistance, since the application process can be complicated. It’s to everyone’s benefit if the tenant is able to stay in their home and have time to find resources for rent help. I think this policy seems fair enough by allocating additional time because for some people it could be due to how their pay periods fall. For instance if their pay periods are biweekly, sometimes a renter will advise the leasing agent they will get paid on the 11th and will pay the rent. However, they landlord knows this is how the tenant pays rent every month, but they will go on and file evictions charges on the 11 which makes the tenant have to pay more. The landlord gets to collect late fees and make the tenant pay for the eviction filing process. Study session meeting of March 25, 2024 (Item No. 1) Page 33 Title: Pre-eviction notice ordinance amendment Community members What is your primary concern about the notice of eviction requirements and proposed changes? Primary concern is that you requested input only from renters! Of course renters are going to want more leniency and protection from eviction, with no emphasis on their responsibility!. The only good thing I see in your two points, is, including financial aid resources in the eviction notice. Calling it pre- eviction is a legal nightmare and increasing the notice to 30 days is unfair to property owners and disrespectful of their rights. Actions have consequences. Nonpayment should not grant a prolonged free-ride. We are creating problems rather than encouraging remedies and resourcefulness. Property owners are still paying bills. It’s not their responsibility to prop up those who cannot follow the contract. It sounds like SLP is trying to drive out rental properties. None, Creating more restrictions for property owners actually makes things worse for renters and removes rental units from the total inventory. Due to overreaching government influence, owners will choose to sell instead of risk bringing in a non-paying resident. That evictions create homelessness Neighborhood stability I have been on the other side of this proposed change. I had a neighbor who was an awful human being. Did not pay rent, smoked in a non smoking area, and verbally abusive to neighbors. The eviction process took months, and during the time he knew he was being evicted he made our life hell, and trashed the apartment in the mean time. There is already a 14 day wait - if you are next door to one of these clowns you would know that it means you can not enjoy your own home. There is no reason to make this harder. In the end with the idiot I dealt with 2 of the good neighbors left to get away from this guy. This propose notice time only makes life worse for the regular people. My primary concern about the proposed notice requirement is that it will lead to faster eviction filings and even more evictions. As a result, housing stability would be negatively impacted for St Louis Park residents who are most in need. Give people sufficient notice. As there has been an increase in non-payment of rent since covid started, I think resources should be focused on advising people of where assistance funds are available. Landlords are generally unable to defer their monthly obligations so when a renter doesn't pay, action needs to be taken quickly. A longer eviction period could lead to bad renter habits. There is already a very lengthy process in place for property owners from filing an eviction to the day that renters need to move out. I believe it takes about 6-8 weeks currently. Adding an additional 2 weeks is unnecessary and will decrease property prices as those who want to purchase rental properties will want to avoid Saint Louis park additional unnecessary guidelines. And it will not be enough time for renters to change their financial considerations. Length of notice and and information about help, and proof of notice delivery. Follow the state 14 day notice. DO NOT increase it to 30. Problem: A new, unneeded policy wratchet. At least match the state if tinkering is a must. Stop here. Offramp now. Solution: Easily fixed with 2 months advance rent in addition to an equitable damage deposit to protect family ownership asset - life savings of equity! Renter's will not be happy if/when they get a new lease to sign to compensate for unneeded changes (significant additional risk). Any so-called form that passes legal objections sbould be coded in statute - with langauge only - to prevent the form from future unauthorized changes. Is there a stakeholder working group for a policy item with such a great impact? Ease of administration Study session meeting of March 25, 2024 (Item No. 1) Page 34 Title: Pre-eviction notice ordinance amendment I am very much in favor of the proposed changes. I am glad this issue is being addressed with changes that I support. With renters taking a financial beating in today's economy and dwindling housing options, the city must act more in the interests of renters instead of landlords. Landlords have the power of the sheriff's office to evict renters, and the city must counter that power as best as it can. I believe that doing more then 15 days would be punishing the owner of the property and cause more evictions. Landlords should be paid. They also do not ever want to evict someone and would prefer to work with them. Stop making things more difficult. I would like there to be a distinction for the time of year when evictions are done at a 14 or 30 days. Winter time should allow a 30 day notice versus spring/summer agree with proposed changes Not enough time given to the person to either make payment in full or to find alternative housing. I believe that eviction is an extreme & very harmful action. I understand that a landlord cannot have a renter who doesn't pay rent for a long period of time, but losing one's home is so destructive to a family that people who can't afford to pay rent should be given as much consideration as possible finding a reasonable approximation of equity between renters and owners I recognize that owners/management need to ensure that they can effectively run their business yet, I am well aware of what happens when people get an eviction notice and the challenge that faces them to find a new place. That they might not be passed. fairness to the property owner who has to pay their bills 30 days is far too long. Eviction is an adversarial event which is just prolonged 16 extra days. An owner of a property should not have to put up with possible bad behavior. The renter could have tried to negotiate if paying rent on time was going to be an issue. Enough time and access to resources for people find stable housing. Possibly direct help from the city to find said housing i.e. a someone who can find affordable properties. Renters have more rights than owners/landlords Proposed changes would affect property owners would be on the hook for multiple months’ rent before they could evict and get a new tenant in Allows for squatters, lower property values as city becomes less attractive for landlords, It's morally right to give people as much time as possible to find alternate housing Allowing enough time for people already under duress to find help and save their place to live. A 14 day notice is too short to allow renters to access the resources they need to stay in their homes. Too long, 14 maximum, pre notice is unnecessary. I was previous apt. manager. There are renters who possibly do damage to their apartment when given eviction notice. This would damage the property and affect the perception of the other tenants. Falling behind on rent is stressful and emotionally painful. There are multiple assistance programs for those falling behind on rent. Allowing an increase of 2 to 4 weeks for notice of eviction takes away for the accountability of the renter and puts just as much financial strain on the homeowner. If this goes through, Homeowners should have financial resources to help make mortgage payments if tenants have additional time before being evicted. Prolonging the eviction process will accumulate a larger debt. It should be fair to the renter and the landlord and it should align with state statute. That they be enforced. It should not be different than the state... if the state is 14 days, then keep it at 14 days. As for using a city supplied form, how do you know it will cover everything needed, as some evictions are not due to payment, sometimes it is destruction of property. So have a city supplied form for an option, but do not make it mandatory. I had a cousin that got evicted, but we also have to remember that the Study session meeting of March 25, 2024 (Item No. 1) Page 35 Title: Pre-eviction notice ordinance amendment property owner is a person also that may really need that rental income to live on... so dont forget about them also. I think we should be aligned with the state on the 14 days but add the pre-eviction form. I used to represent tenants facing eviction as a Legal Aid attorney. I think providing more notice is an excellent idea and can hopefully help tenants resolve issues or find another place to live. People absolutely must be given enough time to find resources and/or pay up past due rent. We have always relied on the kindness of strangers, after all, and people must be given a chance. I feel they should align with the state requirement of 14 days. I am in favor of greater leniency toward the renters in today’s increasing cost of living. Also, with the increasing illnesses due to Covid, RSV, and influenzas, sickness can cause a significant loss of income as well. 30-day notice before being allowed to start eviction process is a very long timeline State mandate is sufficient. Unfortunately, too many of those who do not meet their financial responsibilities, will simply 'calculate' an additional month for how long they can stay in their current rental unit. The property owner will need the additional 2 weeks to prepare the unit for next rental. Giving the delinquent party a full month, results in the property owner losing an additional months income. Failure to pay rent is a failure of the tenant. Landlords should not be punished for that. If people are behind in their rent I am inclined to think it is because they are having financial hardship. They would need time to either secure funds or make arrangements to move. A month gives time and lessens the possibility of them becoming homeless. That they be standardized, easy to read, provide enough notice and make it clear how to avoid eviction. 14 days seems fair. I would like to see justification for more than double the state requirement. This email mentioned comments in an October City Council meeting, but in both October Council meetings there is nothing in the minutes about this. I think giving people 30 days notice is much preferred to 14 days notice. Life is hard, people need time to figure things out. This gives them grace as human beings. A balance between the rights of the lessor and the lessee, Giving renters as much time and resources as possible to remedy their situation before being uprooted. Too much pressure put on owner with a longer notice 30-day notice period necessitates property owner loses at least 2 or 3 months of rent (original month of missing payment, 30 day notice period, AND an additional month to clean and re-lease the unit). Many small landlords (not large companies) cannot afford 3 months of missed payments. If small landlords aren't willing to invest in St. Louis Park, that will decrease the variety and availability of rentals in our city. The eviction process is a stand alone to adjudication of whether the rental agreement is breached. Eviction is costly for property owners and will be pursued only in situations where necessary. Keep the timing consistent with state law. If eviction is for behavioral/community standards violations why should other renters be exposed for longer than necessary? Eviction is necessary course for landlords to be able to take action. I view the 30 day notice as a warning and allows renters to either reconcile with their landlord or make alternative arrangements That residents are allowed reasonable time to prepare for a move, locate housing, or acquire financial assistance to pay all rent due. 14 days isn't enough time to relocate That it can't happen fast enough. Both changes are good. Good landlords won't mind the changes and I don't care what the bad ones think. The crime in SLP is skyrocketing. Many of us already don't feel safe and the city has completely changed, for the worse, in the past few years. If you're not responsible enough to pay your rent, Study session meeting of March 25, 2024 (Item No. 1) Page 36 Title: Pre-eviction notice ordinance amendment then they should be evicted. Can we for once protect the people renting the properties and not the ones not paying their rent. Do you not realize the stress it puts on the property owners when their tenets are not paying their rent? 14 Day notice is plenty of time. Increasing to 30 days only exasperates the proplem. Getting to the point of eviction notice has already proven that the renter is not in compliance with keeping up with obligations of the lease. I like the change. To give people more notice/time to get money together to pay rent or to make plans for moving. I think it's a good change. I feel the eviction window should be extended to 30 days and agree with the proposal to have resources included with the eviction notice I am concerned that calling the notification a “pre-eviction” notice will be confusing. I don’t know what the form looks like, so I am not abject if to it’s use, but I think it is clearer to say that an eviction notice will be submitted in X days for failing to comply with rental agreement, followed by steps to take to repair full compliance. I’m in favor of the proposed changes to SLPs eviction notice policy. I’m a lawyer and have done a lot of pro bono work with clients who have been evicted and the consequences are often financially and personally devastating. An eviction can have a domino effect on an already and often times precarious financial situation for many families. Often times an eviction could be avoided if tenants were given an opportunity to remedy the breach before the eviction is filed. Even if they do resolve the breach prior to being evicted, the filing on their record follows them. The proposed changes to our city policy create a more equitable playing field between tenants and landlords, preserves the existing rights of landlords and supports equity within our community. Allowing adequate time to find alternative housing Making sure people facing eviction have adequate notice to correct issues and remain in housing as much as possible. community feedback It favors the renters over the land owner. Both are responsible to be good citizens. How is the property owner expected to pay the mortgage or property taxes if the renters don't pay? Does the city give the land owner a break on taxes if renters don't pay? I think these proposed changes are great. As the housing crisis worsens, staying ahead of it with protections for renters is a good thing. Finding a place to stay is getting harder and harder, giving evicted folks more time to do that is a great change. No concern, I think it is a good idea. that it wouldn't give someone enough time to find a new place to live - so they would end up living in their car or on the street. My preference would be to give as much time/notice as possible. In my most recent renting experience with a private landlord, they were unaware of legalities required by the state for renters rights. I suspect a lot of private landlords are in a similar situation. I might also like to include rental resources for help with rent, etc with the “pre-eviction” notice. Policy addition #1: Requiring property owners/managers to use the city’s pre-eviction form to provide written notice to residential renter(s) before filing an eviction action. Disagree with the term ‘pre-eviction’ and disagree with changing the language from the state form. The city has too much overstep and should align with the state. I agree with this. I think this is fine. I like the idea because it ensures the city can make the renters rights and responsibilities clear Study session meeting of March 25, 2024 (Item No. 1) Page 37 Title: Pre-eviction notice ordinance amendment This would allow the city to monitor evictions and an opportunity to provide assistance and help people in SLP avoid homelessness. Fine I guess. But what are they using now? Who is going to look at it? Or is it a form just to have a form? What is gained? It's a bit challenging to providr Yes This seems redundant as eviction language is right in the lease that is signed by the resident. I think a notice of eviction in the event of breach of lease suffices. This is fine Explain what the city’s form and what are the pros and cons A city form is unneeded. What type of information does the city even need on for a standardized form? Offer one businesses can use, optionally. The city doesn’t own the property, the owner should be able to handle it legally on their own. I believe a consistent form from property owner/managers when providing renters written notice would be helpful for all involved. I agree with this addition. Agree completely with this policy addition. It would provide consistency Just complicating things and wasting more time and resources. As long as the form is not overly burdensome for the landlord to complete everyone gets the same type of notice; owners/managers do not have to do their own. It should be quite clean in the pre-eviction notice of why it is being sent, who to contact (name & email/phone number, community resources for help. good idea favor because education and support is economical here and helpful A consistent form/process is always better in terms of ensuring consistency and makes it easier for both the renter and owners/managers. I think this is fair. Eviction is hard on renters, owners and our community. It seems reasonable to enact the pre eviction notice requirement. fine Should be at option of owner. Yes. In as many languages as possible and clear and concise as possible. With documented evidence that it was delivered to tenants and on which date. Seems like an unnecessary step that would already be covered in the tenants lease I'm in favor Yes. This provides hope to the renter that eviction might not occur if things get worked out. Uniformity is essential to eliminate bias in eviction proceedings. Unnecessary Think it’s a good idea so the tenant would understand the situation. In favor for the pre-eviction form Agree. Otherwise there will be d.isputes about the notice. This make sense. You will never be able to cover all eviction items... so make a form if you want, but do not make it mandatory. I agree Great idea- many of the cases I saw lack of communication makes it too late to problem solve and evictions stay on your record for 10 years and leads to homelessness so very in favor of this. Study session meeting of March 25, 2024 (Item No. 1) Page 38 Title: Pre-eviction notice ordinance amendment Seems absolutely appropriate. When people know they are on notice they may come up with the needed back rent or at least have an opportunity to make some type of moving arrangement. This is logical and humane. No issue with this Agree, the more notice the renter can get will give them more time to seek additional funds. This is great. I have no opinion one way or the other, but what does this accomplish? Serves no purpose. Just send the eviction action. A form letter including copies in multiple languages is a good idea as it supports both the owners, renters and SLP community in having consistent messaging to all. Also much less of a chance for miss understanding. Yes, I support a standard process Sounds good. Makes sense. I agree this is a great requirement. I agree. This seems good, as it provides more time and information, and feels less heavy-handed than a full eviction notice. Ok with that This is redundant. Property owners already need to provide a form to renters from the State, including resources for assistance. A second form is unnecessarily complicated. Standardization is good, as long as the form is easily accessible and doesn’t create additional barriers. This is helpful by mandating multi language assistance and it prevents landlords from using deceptive paperwork to avoid tenants attention approve Agree Love it. I've not seen this, so I'm not able to advise. this should not be required, it is simply government interfering with a private business and requiring additional paperwork for both the city and the leasee, a true waste of resources Excellent. Connecting people who need support with the resources available to them is a great idea. Yes This makes sense. I like this policy, it creates ease for the property manager, and could be easier to understand for the recipients The form, because it’s standardized (i.e. the same for all renters), should be used. Just change the name, or the language/title on the form given to renters. I support this Seems reasonable. Everyone needs to understand the rules and get adequate information Good to give people a consistent message, and this will make it easier for property managers. This seems sensible as long as it's provided in multiple formats to avoid difficultly for non-technical people to use and update the form with any additional required information. Renters know when the rent is due. Additional time is delaying responsibility. Paper trail for such a serious step = great. Yes, assuming the city also gets from property owners/managers to ensure that no required information is overlooked when drafting the form. I think it's fair to give folks notice - to let them know they will be evicted. Yes! Please! Along with maybe rental assistance resources. Study session meeting of March 25, 2024 (Item No. 1) Page 39 Title: Pre-eviction notice ordinance amendment Policy addition #2: Increasing the notice of eviction period from the state-mandated 14-day notice to a 30-day notice. If the alleged material breach of the lease (rent delinquency or other unpaid financial obligations) is not corrected within 30 days from the date of the notice, the property owners/manager may proceed with filing an eviction action based on any allegations in the notice. Disagree with the change from 14 to 30 days. This policy is unjust. You like to think that all landlords are wealthy but some are people who got laid off and can no longer afford their mortgage payment but they don’t have enough equity to sell (or they have a stellar mortgage rate so they are trying hard to make it through this hardship) so they rent their home and move in with a relative until they can get back on their feet. Some property owners cannot afford 2 months of a mortgage payment while the delinquent tenant stays in the home rent free. It’s not the landlord’s job to single-handedly support someone who cannot pay/hold up their end of the contract. Disagree with this. This should be aligned to the state guidelines. We should not seek to make rent higher for renters than the state already has. This is a better policy than the state policy. I wish the city would also provide financial counseling in addition. Allow for interventions to keep people/families in stable housing. There is no reason for this. See original comments. Good idea Increasing the eviction period by 16 days is almost 4.5% of a year. With evictions on the rise, the amount of revenue that equates to will make it even harder to operate a building. Resources should be focused on guiding residents to financial resources prior to a missed payment. Absolutley terrible idea as it is already a system which heavily favors a renter versus a landlord. I don’t understand, if I don’t pay in 30 days does that mean I will be evicted on the 30th day? Follow the state and leave at 14 days. No change. Leave language as is to match the state. Wiser people have vetted that already. 14 days is plenty of notice. This extended 30 day notice would allow renters more time to seek out financial assistance. I agree with this addition. I agree with this 30-day notice over 14; however, the city should push for 60-day notice: 14 is ridiculously low; 30 is better but still not much of a window for renters in financial distress; 60 is a modern-day standard that should be pursued. Most landlords have already tried working with their tenants on an agreement to catch up back on rent. I feel if you make the time period longer we will see more landlords starting the evection process sooner and not allowing exceptions. If the city does move forward with a 30 day eviction notice I would suggest it be applied only to evictions for payment that are less the 30 days past due, No. I would like to see a distinction made for time of year for the evictions. I would keep 14 day for the spring and summer months and 30 days for notice given in the fall/winter time. if the pre-eviction notice gives a date for them to expect a 14-day notice I think it should be left as 14 days. It has already given them extra time for the renter to contact the owner as to how they are agreeing to solve the issue I support this. I would hope the city provides some sort of assistance to the renter to help rectify the situation. I believe that this is a necessary change Study session meeting of March 25, 2024 (Item No. 1) Page 40 Title: Pre-eviction notice ordinance amendment favor, I think it would be a significant advantage for the renter, though to be fair, I'm unsure to what degree this might advantage or disadvantage the owner. However, since I think it would be modest either way, on balance I favor the proposal. I would support 30 days. When people don't have much money, the more time they have to look for ways to get extra income would suggest the more likely they are to come up with the money they owe. I do not know enough about the steps that come before this point in the process. 30 days seems fair but is pre eviction another 30 days? I’d like to know more. This is unfair to the property owner who also is accountable for their bills. No. Too long. Read a previous comments regarding adversarial situation. 14day max This allows for loss of income of property owner and provides the tenant free living for additional time. Also will lower property values as less attractive rental location. I'm in favor Yes 14 days is simply not enough time to allow renters to access the resources they are entitled to and desperately need to stay in their homes. 14 is double todays, why go to 30? Due to previous experience I think that 14 days is sufficient. Most sincere tenants will try to reach out to the landlord and work something out. Waiting longer will give the tenants who have no intention of paying their rent additional time to find unpleasant plans. Falling behind on rent is stressful and emotionally painful. There are multiple assistance programs for those falling behind on rent. Allowing an increase of 2 to 4 weeks for notice of eviction takes away for the accountability of the renter and puts just as much financial strain on the homeowner. If this goes through, Homeowners should have financial resources to help make mortgage payments if tenants have additional time before being evicted. As a homeowner with a renter occupying the residence, If I had to wait 30 days to evict a non-paying tenant, I would not be able to pay the mortgage and would fall Into delinquency. Not in favor of extending to 30 days. 14-days is sufficient. The 14 day notice is sufficient. This makes sense. As long as it is enforced. No... property owners are people and need income also. Dont punish them. Keep it inline with the state 14 days... If the situation caused by the renter is serious the 30 days would be an exceptional burden on the rental company. Another excellent idea- same reasons as above Again, who does not need a chance to pull their lives together. A 7-Day notice is cruel and unusual punishment. 14 days is only a step in the right direction. 30-day notice is proper and allows enough time for people to managed their Affairs or plan a move. I feel we should remained aligned with the 14 day notice at the state level. Same as above. This is very long. I'm concerned that this additional timeline will place burdens on rental property owners and will reduce their ability to continue to offer rentals to paying tenants of lower income. For large corporations this additional time can be absorbed into the profit/loss calculation. For the single unit landlord, this becomes an extraordinary financial burden. Considering the damage/filth left behind by disgruntled renter, it can easily become the tipping point that renders the rental income into rental loss. This is harmful to landlords, 14 days is plenty. Study session meeting of March 25, 2024 (Item No. 1) Page 41 Title: Pre-eviction notice ordinance amendment As noted above it gives the renter a better chance to find other lodging or obtain support services if they don’t have any. While there will always be people who game the system I prefer to tolerate that to some degree to allow the system to support those in need. I support more time between the notice and filing the eviction 14 days sounds good and is the state requirement. Please provide justification for moving to a 30-day notice. Agree with this. I agree. Again this seems good for providing more time and options. 14-day puts less stress on owner, especially in case of non-paiement., Maybe 30 day for first notice but subsequent ones shorter would be a good compromise. I am thinking about smaller owners who might need money from the rents themselves. Disagree. This is a large financial burden on the property owner, who misses 1 month of rent for the initial delinquency, 1 month for 30 day notice, and 1 more month for eviction action, cleaning, and finding new tenants. This will make owning property in SLP untenable for any except the largest companies. Small/independent landlords should be encouraged to have property here because it increases the variety and availability of rental properties. Penalizing small businesses does not help residents. This is confusing, is the city going to be the judge and tell property owners whether they can proceed to filing a court action? Does the city have that right? I think keeping in step with the state is best. I am tentatively in support of this timeframe. It allows reconciliation time and notice but I do not know how long an eviction notice takes to execute. If this is an addion approve Agree Love it. I strongly support the 14 days or less. Renter is already not complying with it's obligations, additional time should not be granted Great. Assistance programs are perpetually understaffed and underfunded. They can take a long time to process applications and get in touch with applicants. Giving more time is the least we can do. Yes 30 days should give adequate time. I agree with this policy, a move from 14 to 30 days provides more ample time to correct and/or find new housing. Forcing people into homelessness would create more strain on our community and resources I agree. I support this This is good A month is a good amount of time to give people to try to resolve issues (especially financial ones), and also seems to be timely enough so landlords can keep processes moving and incur less risk. The only real downside to this is the drawn-out eviction processes that could be added on. MN isn't horrible with the higher end of the range being 3 months, but 3 months+ of no rent from a tenant could push the landlord into foreclosure. IMO any tenant protections should have safeguards for the financial impact of the delayed/no rent. Why do the renters need additional time to pay the rent? They know when rent is due. An additional 30 days doesn't solve the situation and the land owner is out the month of rent. I was honestly surprised our state eviction notice was so short. I fully support the move to 30-days, and I suspect anyone else that's dealt with a crummy landlord or trying to find a place in a crowded renters market will agree. Study session meeting of March 25, 2024 (Item No. 1) Page 42 Title: Pre-eviction notice ordinance amendment I support this, and would even support a 60 or 90 day advance notice. Housing is a human right, not a profit center. this also gives folks a couple of pay periods to get cash together if they have had a life emergency and need to gather funds for rent. Yes! Study session meeting of March 25, 2024 (Item No. 1) Page 43 Title: Pre-eviction notice ordinance amendment Other Respondents who selected other most commonly specified themselves as a homeowner or owner while others identified themselves in multiple categories including renter and former rental property owner. Policy addition #1: Requiring property owners/managers to use the city’s pre-eviction form to provide written notice to residential renter(s) before filing an eviction action. Give them notice on or before the 5th that you will file an eviction on the 21st if no payment received. No need for the city to get in to other peoples business unless you intend to also participate with the landlord when expenses are incurred do to rouge tenants. This is not a matter that then city should be involved with. Property owners should be required dto follow the state law. I do not agree with requiring the use of a pre-eviction form prepared by the city as I would prefer documentation provided by my own legal representative. The onus is on the tenant who is not upholding their terms of the lease agreement to have the documentation translated. This isn't that big of a deal as long as it doesn't apply retroactively AND the form is easy to find. I don't really care one way or another, but maybe include it in landlord training so that landlords are aware of the forms they need, and notify property managers in the area as well. I think it's great to have a city approved pre-eviction form as an option, it should not be required if a property owner wants to give notice in other sufficient ways. Terrible idea. It will create more of a burden and lower property values I believe this is unnecessary. Landlords already have to file with the County, this would be just one more step and cost for the landlord. As long as the form is consistent with state statute, the form could be helpful if it saved me the expense of having an attorney draft a form. If this notice is sent with the 14 day State Required notice, I don't really understand the point. More paperwork for no benefit to either party. Ok Yes As someone who does anti-displacement work across the suburbs in my work as a Housing Justice Organizer (at JCA), I would strongly recommend requiring the city's form. Renters need uniform, concise, and helpful language that the city can provide, and having a template that is the basis for multiple language translations would increase accessibility. It simplifies the process for landlords, who would no longer need to craft their own notices and worry about not being in compliance with required language. It is a win for all parties. Think this is a very good idea Combine the two proposals. 30 days WITH a pre-eviction form. This is the most people-centric and caring option. Yes. It the right thing to do I would just suggest that you require they use this form “or any written document with the same content”. Yes, strongly support. No. This seems like an equity-based approach that should not be burdensom to property managers. I don't know if this is possible, but it makes a lot of sense for the form to also include local resources for residents (emergency rent assistance, legal support, etc). Do not support, existing eviction due process is sufficient. Study session meeting of March 25, 2024 (Item No. 1) Page 44 Title: Pre-eviction notice ordinance amendment T his makes sense, as it may give renters a chance to find a new place to live or pay the rent. Use the county form I absolutely agree with this. NOT doing this seems like a recipe for nothing but preventable disaster, pain, and potential trauma. Sounds like this would simplify the process and keep it uniform. Yes. No. Adds yet another red tape step for eviction that could prove detrimental to the property owner. Why? Why does the city need their fingers in this business?? Do property owners not have the right to manage their properties?? What is the city going to do, other than make it more difficult for anyone to want to own property in SLP? Great idea to protect renters Policy addition #2: Increasing the notice of eviction period from the state-mandated 14-day notice to a 30-day notice. If the alleged material breach of the lease (rent delinquency or other unpaid financial obligations) is not corrected within 30 days from the date of the notice, the property owners/manager may proceed with filing an eviction action based on any allegations in the notice. No, with the delay of the court schedule the landlord is going to be out that amount of rent already. Why allow them to stay another 14 days with no payment. These are businesses. The lease says rent is due. Your wokeness is destroying our city. Will cause further delays at the expense of the landlord causing a ripple effect in cash flow. This is an unreasonable burden on property owners, Especially owners who own a small number of properties. It shockingly seems to benefit those who do not pay for their rental at the expense of small business owners. The city should take a neutral position rather than advocating for those who do not pay their rent. Absolutely not. The process is long enough where the landlord, in which case would have been me, could be significantly burdened financially with difficulty to pay the mortgage lender. 14 days is more than sufficient. I think it should be up to the Landlord to decide if a longer notice term is appropriate on a case by case basis depending on the individual tenant and their track record of late payments etc. I have been both a renter and property manager and this is not fair to the Landlord to require a longer window than is required by the state. This is a terrible idea for the following reasons: 1) this fails to take into account that the 14 day notice is NOT the entire eviction process, it's only notice before the notice that you have filed for eviction which is another 7-14 days and after that they still can "pay and stay" after that hearing. 2) This forces landlords into never giving tenants any leeway or time to figure issues out. My tenants are currently behind on rent, but I gave them time to negotiate/figure it out before I mailed that 14 day notice. Mailing the notice significantly escalates the conversations and damages relationships with tenants, and the longer that notice is, the sooner it has to be mailed. If the notice period goes to 30 days, I am faced with no other option than to mail an eviction notice IMMEDIATELY on the 6th of the month if I am not paid because it takes so long to actually evict anyone. With a 14 day notice there is more time for me to work things out with tenants BEFORE engaging the city/government on an eviction action. As a current renter who rents out my own properties, I once did forget to pay my own rent on time as an honest mistake, and the landlord just reached out to me on the 6th of the month and we settled it immediately out of court, with no hard feelings or city involvement. With a 30 day notice period, that landlord would have no choice but to send official notice immediately without giving tenants the chance to work issues out. 3) The above is exacerbated when you take into account that many rents are paid on electronic platforms that, I can speak as a software engineer, do make mistakes. (Currently, my tenants did pay their rent but it was returned for insufficient funds). Hashing out these issues of timing with credit card/ACH transfers does take time, and extending the notice period makes it harder for tenants and landlords to work out honest mistakes amicably. In summary, this regulation, while well intentioned, is actually going to lead to more eviction lawsuits, Study session meeting of March 25, 2024 (Item No. 1) Page 45 Title: Pre-eviction notice ordinance amendment more involvement/red tape from the city, and poorer relationships between landlords and tenants, because it does not allow for good landlords and good tenants to solve small issues outside of a court setting. Once it actually gets to the point where a landlord wants to evict a tenant, which is an absolute last resort in which everyone loses money, 14 days notice to only FILE for an eviction hearing, which will not take place until 7-14 days from that filing, and that have a "pay and stay" period AFTER that hearing, is more than enough time. We should adhere to state policy. 14 days is plenty of time. If we want to help rent delinquent citizens lets work on resources that can be made available to them before we get to this point. It can't all fall on the property owners. No need as if a good tenant they would not be evicting them. Tenants have many rights in the State of MN. The state has increased to 14 days, to increase it to 30 day would only increase costs and time for a landlord to file. Most landlords want to work their tenants rather than put them on the street. If something is going to be worked out, 14 days is sufficient to get that work out. Additionally, most landlords likely have some sort of debt-service with their property. When the tenant does not pay, the landlord still does have to pay. Increasing this notification period to 30 days would then likely push the eviction timing to close to 60 days. Most landlords are smaller mom & pop, this is then 2 months of payments that they would have to make. Additionally, it is very likely that the unit is going to need some work (paint/flooring at a minimum), which also takes time and money. Maybe if the city had a policy or a fund for Landlords to use to cover the cost of that second month and the turning of the unit or carrying cost, then this might make more sense. I disagree with SLP establishing a standard that increases the length of the required notice beyond that which is established by the state. In most cases, we've already warned these residents for many months that they need to pay their rent on time. 14 days is enough time to communicate your payment plans to owners and most owners I've worked with in the past (both personally and professionally) are willing to work with someone who effectively communicates. oK No I also strongly support 30 days for the notice period. Folks face an uphill battle when applying for emergency resources (like rental assistance) and need the additional time to navigate these systems. Individuals who do not speak English often face more obstacles to finding, applying for, and securing assistance, meaning that increasing to 30 days is an equity issue. Brooklyn Center has seen success with their 30 day notice, and keeping disputes out of court saves money both for the landlord and the renter. Agree with this policy of 30 days notice Combine the two proposals. 30 days WITH a pre-eviction form. This is the most people-centric and caring option. Don’t agree with changes. If tenants can’t pay on time they will not be able to pay in 30 days either 1) it’s bad enough that landlords lose 2 weeks rent, why make it 4 weeks?! 2) as with all landlord/tenant rules you make up, there ought to be exceptions for people like me who only rent to their own kids - yet I still need a license, etc.; most of the rules makes no sense for non-professional landlords. Yes, strongly support. I believe both policy changes will help stabilize the situation for the renter, and perhaps encourage expanding solutions on both ends: renter and owner. Our city should support the state-mandated 14-day notice. I do not support the 30-day notice. I have lived two doors down and across the street from evicted tenants. A lot of damage and disturbances can be co-current with an eviction notice. Prolonging the number of days only prolongs the anguish of the neighbors and the quality of our life in St. Louis Park. This time period would allow many more people to correct their obligations and stay housed. Study session meeting of March 25, 2024 (Item No. 1) Page 46 Title: Pre-eviction notice ordinance amendment Do not support, existing eviction due process is sufficient. The current process allows for notification and extending the overall duration of the process negatively affects neighboring tenants if tennant behavior is disruptive or dangerous. Completely against this process for a multitude of reasons. 1)The property taxes in St. Louis Park are already high, even higher than Edina. If developers are given yet more reasons to not build or renovate rental units within St. Louis Park, which is a small suburb, there will be: a) less property taxes collected, which results in increases in property taxes for home owners and other businesses b) creates disincentives for property owners to rent to renters without excellent credit c) places financial burdens on small/privately owned rental properties, including individual home owners who rent their properties, as it is statistically the case that more than 1 month of lost rent is incurred (outside of the 30 day notice), resulting in 2, 3 or more months of income loss for property owners 4) angry tenants that receive eviction notices for unpaid rent, often will cause undue damage to a unit, the longer they stay in it... causing yet additional costs to the property owner. Keep it consistent with the county and state mandated 14-day. There is lots of information and assistance available currently to access I absolutely agree with this as well. Giving people a reasonable chance, even if it's a last chance, to fix their situation, is always the preferable policy. Providing resources along with any pre-eviction notice is best practice as well. I don't have a problem with this per se, but I would want to know how long the actual eviction process takes? For instance, if it actually takes another 30 days or more to move someone out of the rental, a landlord is looking at two months or more (presuming the renter is already behind a month or more rent) with revenue on that unit. That might be too burdensome for some landlords. Not all landlords are multi-millionaires. I am ok extending to 30 days to give the renter additional time to make things right but that is it. Why? At some point, slp has to manage like this is the real world. 14 days is plenty of time. No doubt, those getting evicted will not be surprised...There is a reason they are being evicted. At some point, slp leadership needs to understand that actions they take are making it increasingly less desireable to live here live here. Great idea to protect renters, who are often the poorest of the poor where one bad month can jam them up for years, so 30 days is better than 14! 6812 West Lake Street, Saint Louis Park, MN 55426 March 8, 2024 St Louis Park City Council 5005 Minnetonka Blvd St Louis Park, MN 55416 Dear Mayor and Councilmembers: I am writfng to you to encourage the city to take further actfon to keep residents in safe and secure housing. I understand the Council is considering a new notfce of evictfon policy that would change the notfce period from the state-mandated 14 days to 30 days. The Council is also considering requiring property owners and managers to use a city-created pre-evictfon form to provide the required notfce. STEP provides direct assistance to about 3,800 residents each year. Each month, STEP receives dozens of calls from renters seeking help to preserve their housing. We see firsthand the challenges that St Louis Park residents face in maintaining their housing. We also see the negatfve and lastfng impacts from when people lose their housing due to evictfon. Evictfons are a necessary legal instrument, but it should be the last resort. Housing is a human right and policymakers have a responsibility to help preserve people having a roof over their head. The proposed notfce period extension gives residents a reasonable amount of tfme to try to resolve the situatfon that has led to the notfce to file an evictfon. Residents facing evictfon often have many barriers to navigate. Language barriers, disability, chronic physical or mental conditfons, demanding employment, caregiving responsibilitfes, and social isolatfon are some of the common barriers we observe at STEP. For some residents, fourteen days is not an adequate amount of tfme to resolve their issue. Thirty days will provide the opportunity for many families to resolve their issue and not face an evictfon proceeding. In cases where the situatfon is not resolvable, the increased notfce period will allow families more tfme to identffy and implement new housing arrangements. It is challenging enough to find housing in this area with even two months of notfce. Fourteen days is not adequate. STEP sees the benefit of having a uniform pre-evictfon form. This would improve residents’ understanding of their situatfon better and facilitate seeking and receiving outside assistance to resolve their situatfon. I encourage Councilmembers to support greater protectfons to tenants in our community. It will lead to fewer evictfons and a more stable and vibrant community. Respectiully, Derek Burrows Reise Executfve Director Study session meeting of March 25, 2024 (Item No. 1) Title: Pre-eviction notice ordinance amendment Page 47 Justifications for Amendments to the Pre-Eviction Ordinance The St. Louis Park Community Housing Team-Eviction Prevention are residents who volunteer to reach out to renters facing a filing for eviction. Since October of 2020, we have provided information and support to over 500 residents by mail and in-person. We implore the Council to rebalance the rights of renters and landlords to reduce displacement in our community. 1.The Pre-Eviction Notice is an anti-displacement policy that should benefit both landlords and tenants. From the recent SLP Maxfield Housing Report, we know that our city is 42% renters, and that 34.3% of them are cost-burdened (using more than 30% of their income for rent). We should be doing everything possible to help renters stay in their homes. Increasing the time of the pre-eviction notice will allow tenants more time to access legal and financial help when tenants can’t pay rent. When a tenant is evicted or self-evicts, the landlord bears additional costs of turning over the unit. It will help both landlords and tenants if we give people the best chance to remain in their home. 2.There are many barriers to finding legal and financial services. (See attached supporting document.) Tenants face numerous barriers to accessing assistance, which must be sought at the same time as they are working, caring for children, and coping with the stress of possibly losing their home. Barriers include knowing where to go for assistance (which is often particular to one’s circumstances); lack of access or skill with technology; language and cultural barriers; disability (physical/cognitive/emotional); uncooperative landlords (who must send required documents); distrust of the system; and transportation issues. 3.What our team has learned about the housing assistance system while door- knocking since October 2020: Minnesota lacks a one-stop shop system that matches a tenant’s needs to service providers; the scope of what most service providers do is not available to tenants; service providers lack knowledge of what other service providers offer; attorneys who represent tenants at their hearings can sometimes secure housing assistance for their client (we first noticed this in June 2023). 4.Most eviction filings in SLP are in large apartment complexes. From June through February, there were 233 evictions, of which 13 were private homes. Of these, only two were owned by individuals. The rest were listed as LLC properties (5.6% are not large apartment complexes and less than 1% privately owned). A single apartment building that we visited was owned by a family group. 5.Landlords continue to use pre-eviction notices that are confusing and full of legal jargon. (See attached pre-eviction notices, filed since Jan 1.) Every tenant should receive clear, concise information through a city template. Renters deserve fair and uniform treatment. Study session meeting of March 25, 2024 (Item No. 1) Title: Pre-eviction notice ordinance amendment Page 48 6.The law allows both the 30-day notice as well as the ability to require a template-See Memo from Housing Justice Center (Housing Justice Litigator, Jessica Szuminski) and Letter of Support from HOME Line (Samuel Spaid, Housing Attorney, Impact Litigation and Research Director; and Regan Reeck, Tenant Organizer) 7.These amendments align with other recently passed SLP legislation (Tenant Protection Ordinance) to protect renters. 8.These amendments have the support of STEP (see attached Letter of Support, Derek Reise, Executive Director) 9.Brooklyn Center passed a 30-day ordinance in 2022. Research by Jack Post Gramlich (University of Minnesota; Hubert H. Humphry School of Public Affairs, Feb. 29, 2024) shows “reduced eviction rates in the period 37-48 weeks after policy adoption.” Note: Brooklyn Center’s ordinance includes a just- cause provision (landlords cannot file for an eviction without a reason) in addition to the 30-day notice. 10. Cost-Burdening is an Equity Issue. The impacts of housing cost-burden are felt disproportionately. More than three quarters of low-income Minnesotans are cost- burdened, and 63% of senior renters are cost-burdened. Additionally, 57% of Black renters and 45% of white renters are cost-burdened. (Source: MHP State Housing Profile) Study session meeting of March 25, 2024 (Item No. 1) Title: Pre-eviction notice ordinance amendment Page 49 8011 34th Ave S., Suite 126 Bloomington, MN 55425 Oce Phone: 612.728.5770 Oce Fax: 612.728.5761 www.homelinemn.org March 15, 2024 Saint Louis Park City Council and Mayor Nadia Mohamed City of St. Louis Park 5005 Minnetonka Blvd. St. Louis Park, MN 55416 Re: Proposed Pre-Eviction Recommendations Dear Saint Louis Park City Council and Mayor Nadia Mohamed: HOME Line's primary program is a tenant hotline that provides free and condential legal advice to renters about their specic housing situation. We advise on a wide range of topics including but not limited to repairs, evictions, security deposits, leases, and privacy. HOME Line began in 1992 as a service to suburban Hennepin County residents. Today we serve the entire state and have advised over 318,000 clients, including over 48,000 eviction calls. Over the past 32 years we have advised over 8,300 St. Louis Park renter households. HOME Line strongly supports providing tenants with as much notice as possible prior to eviction. Stable housing is a good thing, not just for the tenant and their household, but for the entire community. While, on the other hand, the loss of stable housing carries signicant and well-documented consequences both for the individual, their household, and the community. The connection between housing and health is so well-documented, many private and public organizations devote signicant resources toward improving health through improved access to housing. The federal and state COVID eviction moratoriums and nancial aid are a recent example. Evictions directly, and negatively, impact the housing stability of an entire household. While evictions may be a part of our current housing system, because of the harm they cause our communities, they should be limited only to those cases that are absolutely necessary. Requiring a 30-day notice is a step in the right direction. As the city of Saint Louis Park and the state of Minnesota recognize, a formal notice of an overdue balance gives the tenant an opportunity to correct a mistake, provide a defense, or nd nancial assistance. The landlord and tenant often both save money by avoiding the costs of an eviction, and, even in those cases where they don’t, the substantial benets to our communities are worth it. Study session meeting of March 25, 2024 (Item No. 1) Title: Pre-eviction notice ordinance amendment Page 50 Minn. Stat. 504B.321, subdivision 1a, requires a 14-day notice but specically allows cities to provide for a longer time—as at least one other city, Brooklyn Center, already does. While there was enough consensus to pass a 14-day notice at the state level, this time period does not reect the best possible option for our communities, which is why cities were explicitly allowed to require longer time periods. Like the Saint Louis Park Community Housing Team, HOME Line believes that a strong pre- eviction ordinance is a vital tool for reducing displacement and providing tenants with resources and strategies to prevent an eviction from ever being led. It promotes clear communication between landlords and tenants and provides tenants with options and the chance to seek nancial aid and legal advice. We have seen the eectiveness of the 14-day notice provided by the state, but 14 days is often not enough time, particularly in cases where nancial assistance is needed—which, in 2023, was the reason for 90 percent of eviction cases led in Saint Louis Park. We believe extending the notice period to 30 days would further reduce eviction lings and help the citizens of Saint Louis Park remain in their homes and community, providing housing stability and increasing the health of the community. We as an organization would also like to call on the city to take seriously the insight and experiences of the Saint Louis Park Housing Team. Of the multiple eviction prevention teams in the metro that we provide information and support to, they are one of the most active in assisting their neighbors in nding support. The suggestions and perspectives that they hold come from years of speaking with people in their homes during an incredibly stressful time. We thank the Saint Louis Park Housing Team for their advocacy and call on the St. Louis Park City Council and Mayor to strengthen the current policy. Respectfully, HOME Line /s/Samuel Spaid Study session meeting of March 25, 2024 (Item No. 1) Title: Pre-eviction notice ordinance amendment Page 51 Samuel Spaid Housing Attorney Impact Litigation and Research Director 8011 34th Ave. S., Suite #126 Bloomington, MN 55425 Direct: (612) 728-5770 x 112 samuels@homelinemn.org Regan Reeck Tenant Organizer 8011 34th Ave. S., Suite #126 Bloomington, MN 55425 reganr@homelinemn.org Jessica Szuminski | jszuminski@hjcmn.org | (651) 391-9133 TO: St. Louis Park City Council and Staff FROM: Jessica Szuminski, Attorney, Housing Justice Center DATE: March 16, 2024 RE: Comments on St. Louis Park’s Pre-Eviction Ordinance Draft I am an attorney with the Housing Justice Center writing in strong support of the St. Louis Park Community Housing Team’s Pre-Eviction Notice Recommendations. Housing Justice Center (HJC) is a nonprofit public interest advocacy and legal organization committed to preserving and expanding affordable housing for low-income individuals and families. HJC attorneys and organizers work throughout Minnesota to advance the rights of tenants and expand access to safe and affordable housing. I am thankful for the opportunity to contribute to the Pre-Eviction Notice conversation in St. Louis Park (“the City”). HJC believes that a strong Pre-Eviction Notice policy is an essential tool to advance affordable housing goals, increase equity and well-being in our neighborhoods, and empower renters throughout our community. I.The Recommendations of the Community Housing Team to Amend the Pre-Eviction Notice Ordinance Should Be Adopted. HJC appreciates the City’s commitment to pursue a Pre-Eviction Notice policy that will positively impact St. Louis Park. Without pre-eviction notices, renters have virtually no time to respond or rectify any issues when their landlord files an eviction. Many tenants don’t find out that an eviction has been filed against them until it is too late and they have no chance to redeem themselves. Further, some landlords struggle to maintain accurate ledgers, and asking the landlords to provide a ledger explaining the basis for their pre-eviction notice allow the tenant and landlord time to resolve disputes over how much rent may be owed. In our work within the Twin Cities, we’ve advocated on behalf of tenants who have received faulty accounting records accompanying pre-eviction notices and worked to resolve the discrepancies between the landlord and tenants’ records. Our experience demonstrates that longer timeframes to seek assistance and clear, understandable language in notices are essential to ensuring tenants’ rights are meaningful. A. St. Louis Park Should Adopt a 30-Day Notification Period. A 30-day period is the minimum necessary to provide tenants adequate time to seek rental assistance and other resources before an eviction filing permanently tarnishes their tenant history. For example, applications to Hennepin County programs like Emergency Assistance Study session meeting of March 25, 2024 (Item No. 1) Title: Pre-eviction notice ordinance amendment Page 52 Page 2 of 6 can take up to 30 days just to process before a tenant can even learn whether they’ve been approved for assistance.i Applicants don’t even have the right to know why their applications haven’t been processed until 30 days have passed,ii and the State admits that there are often delays after applications are submitted.iii These extra 16 days give tenants a greater chance to avoid the scarlet letter of eviction by either redeeming their rent owed or moving out before the deadline passes. Some landlords may argue that the 30-day timeline lengthens the time before they can recover their property, but it actually improves the chances for a faster resolution to what the landlord seeks (i.e. money) without causing further irreparable harm to the tenant. B. St. Louis Park Can and Should Require Landlords to Use a City-Provided Notice Form Template. The City has the necessary authority to require a mandatory template for issuing pre-eviction notices. Doing so ensures that tenants receive all essential information under the law in a digestible, legible format. All tenants should have the opportunity to receive clear and concise information about their legal rights in a format that provides a straightforward understanding of what the pre-eviction notice they are receiving is. As experience has shown, landlords often create ambiguous or misleading notices that may comply with the current ordinance’s written requirements, but ultimately fail to fulfil the ordinance’s purpose of offering tenants the chance to redeem any unpaid rent without need for court intervention. A mandatory template ensures that the notice is legible, logically formatted, and straightforward. It provides the further benefit of guaranteeing that no mandatory language is inadvertently left out on landlord-generated forms. 1. St. Louis Park has municipal authority to regulate pre-eviction notices. Requiring such a pre-eviction notice template fits squarely within the City’s municipal powers. Though municipalities “have no inherent powers,” they may pass ordinances when such power is “expressly conferred by statute or implied as necessary in aid of those powers which have been expressly conferred.”iv Cities have broad discretion to regulate in the world of health, safety, and welfarev and associated activity within its municipal limits.vi Landlord and tenant regulations fall under a municipality’s power to regulate health, safety, and welfare.vii Municpal landlord/tenant law is merely complementary to state landlord and tenant law: “[i]t is clear . . . that a municipality can regulate an activity even where the state is also regulating that activity.”viii Dictating the format in which landlords must deliver mandatory notices to tenants is simply one exercise of this power held by cities. When the law permits municipalities to legislate in the same realm where the state has passed statutes, the city must ensure that its local regulation does not conflict with state law, or in other words, local ordinances must not be preempted by state law.ix Study session meeting of March 25, 2024 (Item No. 1) Title: Pre-eviction notice ordinance amendment Page 53 Page 3 of 6 The City need not fear an additional requirement for a mandatory template because it has already done so in several realms of municipal legislation and regulation.1 Requiring a mandatory form provided by the City is commonplace in local regulation. Statutes and ordinances frequently incorporate mandatory forms by reference.x In fact, the City has already done so, such as in St. Louis Park Code of Ord. § 20-5(9) where “the user agreement shall be executed on a form provided by the city,” or § 8-434 where the Ordinance dictates the format, sizing, and substance of mandatory notices that must be posted to the public. 2. There is no conflict or preemption between a municipal mandatory pre- eviction notice template and the state law on pre-eviction notices. Clarifying pre-eviction notice law by requiring a template form does not create a conflict or preemption concern with the state laws addressing the same topic (Minn. Stat. § 504B.321). There are “three ways in which state law will preempt municipal legislative authority: [1] by expressly stating so [express preemption]; [2] where the express or implied terms of the state and local laws are irreconcilable [conflict preemption]; and [3] by comprehensively addressing the subject matter in a manner that requires uniformity and statewide application [field preemption].” Clark v. City of Saint Paul, 934 N.W.2d 334, 340 (Minn. 2019).xi Express preemption is inapplicable here. In Minn. Stat. § 504B.321, nothing expressly prohibits municipalities from enacting legislation that is more protective than the statewide mandates.2 Field preemption is also inapplicable because the state law has not so fully occupied the field of landlord and tenant law to as to prevent municipalities from supplementing the state requirements. In fact, the state’s landlord and tenant laws explicitly assume that municipalities will add further regulations to landlords and tenants, and it frequently assumes compliance with local law as part of the state requirements on landlords and tenants.3 1 For examples, see, e.g., St. Louis Park Code of Ord. §§ 28-1-82; 28-1-109(b); 3-57(k); 3-62; 5-3; 6-34(a); 6-71(b) (1); 8-35(a); 8-39; 8-298; 8-303; 8-465; 8-572; 8-580; 8-803; 20-4; 14-76; 14-103; 24-153; 30-160(b); 32-31(b). 2 The only portion of Minn. Chap. 504B where the legislature expressly preempts any local regulation is under § 504B.205 addressing a tenant’s right to seek police and emergency services. “This section preempts any inconsistent local ordinance or rule.” § 504B.205, subd. 3. Even in this expression of preemption, the legislature clarifies only inconsistent or specific types of local law are preempted; it does not mandate that municipalities are prohibited from passing any legislation that covers the content in § 504B.205. 3 Local laws are incorporated numerous times in Chapter 504B. Under § 504B.161, landlords are required “to maintain the premises in compliance with the applicable health and safety laws of the state, and of the local units of government where the premises are located.” § 504B.161, subd. 1(a)(4) (emphasis added). Further, “[t]he covenants contained in this section are in addition to any covenants or conditions imposed by law or ordinance or by the terms of the lease or license.” Id. subd. 4 (emphasis added). Chapter 504B also assumes violations of city law within its definition of violation generally: “‘Violation’ means: (1) a violation of any state, county or city health, safety, housing, building, fire prevention, or housing maintenance code applicable to the building . . . .” § 504B.001, subd. 14 (emphasis added). Study session meeting of March 25, 2024 (Item No. 1) Title: Pre-eviction notice ordinance amendment Page 54 Page 4 of 6 Conflict preemption also does not apply because nothing in the proposed mandatory pre- eviction notice requirement is irreconcilable with the state law.xii Minnesota Courts frequently find that cities may pronounce greater restrictions than are found in state statues.xiii “[N]o conflict exists where the ordinance, though different, is merely additional and complementary to or in aid and furtherance of the statute.” Graco, Inc. v. City of Minneapolis, 937 N.W.2d 756, 760 (Minn. 2020) (quoting Mangold Midwest Co. v. Vill. of Richfield, 143 N.W.2d 813, 817 (Minn. 1966)).xiv The state laws around pre-eviction notice establish the minimum of what landlords must include in their notices; it does not go further and also establish the ceiling of what landlords can be mandated to include as terms or the format they can be required to follow. Section 504B.321 states that “the notice must include” several key provisions.xv It does not limit that the notice “may only include” the stated terms, nor does it prohibit a municipality from including further requirements on top of the state minimum. Thus, § 504B.321 “sets a floor, which does not prohibit, but instead permits” more stringent requirements upon landlords at the municipal level. Graco, 937 N.W.2d at 76. A landlord who complies with the City’s mandate to use the City template necessarily complies with the state law.xvi Mandating that landlords use the City’s template form for Pre-Eviction Notices ensures both that landlords will comply with state law and that tenants will receive the information in a clear and concise format. The City should not hesitate to implement this requirement and ensure that its renter residents are adaquately protected by its landlord tenant laws. II. Conclusion HJC appreciates the City’s commitment and investment in creating a strong Pre-Eviction Notice Ordinance for renters and communities throughout St. Louis Park. Please feel free to call me at (651) 391-9133 about this matter. I welcome further discussion and look forward to discussing my comments in more detail. Sincerely, Jessica Szuminski Housing Justice Litigator Study session meeting of March 25, 2024 (Item No. 1) Title: Pre-eviction notice ordinance amendment Page 55 Page 5 of 6 i CURA, THE ILLUSION OF CHOICE: EVICTIONS AND PROFIT IN NORTH MINNEAPOLIS, Findings: Social Service Run Around (2019), https://evictions.cura.umn.edu/news/findings-social-service-run-around. ii MN Dept. of Human Services, Combined Application Form (DHS-5223), p. 19, https://edocs.dhs.state.mn.us/lfserver/Public/DHS-5223-ENG. iii MNbenefits, Frequently Asked Questions, https://mnbenefits.mn.gov/faq#how-do-i-contact-my-county. iv Clark v. City of Saint Paul, 934 N.W.2d 334, 340 (Minn. 2019); Minnetonka Elec. Co. v. Vill. of Golden Valley, 141 N.W.2d 138, 140 (Minn. 1966). v “No specific legislative sanction is needed to vitalize the general welfare clause of a city charter. No express grant of power to legislate upon any particular subject is necessary.” State v. Crabtree Co., 15 N.W.2d 98, 100 (Minn. 1944). “[T]he city has, in municipal matters, ‘all the legislative power possessed by the legislature of the state, save as such power is expressly or impliedly withheld.’” Graco, Inc. v. City of Minneapolis, 925 N.W.2d 262, 267 (Minn. Ct. App. 2019), aff’d, 937 N.W.2d 756 (Minn. 2020). vi “[T]he City does not need express or implied authorization from the Legislature to regulate activity within its municipal limits.” Minnesota Chamber of Com. v. City of Minneapolis, 944 N.W.2d 441, 455 n.6 (Minn. 2020). See City of St. Louis Park Home Rule Charter § 1.02 (“The City of St. Louis Park . . . may license and regulate persons, corporations and associations engaged in any occupation, trade or business; . . . may define, prohibit, abate and suppress all things detrimental to the health, morals, comfort, safety, convenience and welfare of the inhabitants of the City and all nuisances and causes thereof, . . . may pass ordinances for maintaining and promoting the peace, good government and welfare of the City and for the performance of all the functions thereof.”). vii See Minn. Stat. § 504B.161, subd. 1(a)(4) (“In every lease or license of residential premises, the landlord or licensor covenants: . . . to maintain the premises in compliance with the applicable health and safety laws of the state, and of the local units of government where the premises are located . . . .”). viii Minnetonka Elec. Co. v. Vill. of Golden Valley, 141 N.W.2d 138, 141 (Minn. 1966). ix City of Morris v. Sax Invs., Inc., 749 N.W.2d 1, 6 (Minn. 2008). x See, e.g., St. Paul Code of Ord. §§ 192.02, 193A.07(c), (c)(1), (d); Minn. Stat. § 35.155, subd. 11(d)(7); § 60A.0921, subd. 2(g)(2); § 62A.31, subd. 1g; § 116J.873, subd. 2. xi See Fletcher Properties, Inc. v. City of Minneapolis, 2 N.W.3d 544 (Minn. Ct. App. 2024) (quoting Minn. Chamber of Com. v. City of Minneapolis, 944 N.W.2d 441, 447 (Minn. 2020)) (“There are three types of state preemption of municipal legislative authority: express preemption, conflict preemption, and field preemption.”). xii “Two laws are not irreconcilable if ‘the ordinance does not permit, authorize, or encourage violation of the statute.’” Graco, Inc. v. City of Minneapolis, 925 N.W.2d 262, 270 (Minn. Ct. App. 2019), aff’d, 937 N.W.2d 756 (Minn. 2020) (quoting Mangold Midwest Co. v. Vill. of Richfield, 143 N.W.2d 813, 819 (Minn. 1966)). xiii See State v. Clarke Plumbing & Heating, Inc., 56 N.W.2d 667, 672 (Minn. 1952). “Municipalities may differ among themselves as to the necessity and scope of such regulations, but so long as the regulations are adopted in good faith, with an eye single to the public welfare, courts will not interfere.” State v. Crabtree Co., 15 N.W.2d 98, 100 (Minn. 1944). “We see no reason why reasonable local regulations adapted to local conditions and in harmony with the wishes of a majority of the inhabitants of a village should not be permitted to stand, and such has been the opinion of the Attorney General.” Power v. Nordstrom, 184 N.W. 967, 969 (Minn. 1921). Study session meeting of March 25, 2024 (Item No. 1) Title: Pre-eviction notice ordinance amendment Page 56 Page 6 of 6 xiv See Fletcher Properties, Inc. v. City of Minneapolis, 2 N.W.3d 544, 559 (Minn. Ct. App. 2024). “[A]n ordinance is not ‘necessarily preempted if it includes additional requirements not present in state law.”” Minnesota Chamber of Com. v. City of Minneapolis, 928 N.W.2d 757, 763 (Minn. Ct. App. 2019), aff’d, 944 N.W.2d 441 (Minn. 2020); see Power v. Nordstrom, 184 N.W. 967, 969 (Minn. 1921) (“[A]n ordinance . . . may supplement a statute.”). xv § 504B.321, subd. 1a(a). xvi Graco, Inc. v. City of Minneapolis, 925 N.W.2d 262, 270 (Minn. Ct. App. 2019), aff’d, 937 N.W.2d 756 (Minn. 2020) (finding that the Ordinance did not conflict with state law because “an employer that complies with the Ordinance necessarily complies with MFLSA”). Study session meeting of March 25, 2024 (Item No. 1) Title: Pre-eviction notice ordinance amendment Page 57 SLPCHT Letter of Support for Pre-Eviction Notice Amendments To City Council of Saint Louis Park and The Housing Staff, We, the undersigned community members, advocates, and organizations, are devoted to preventing displacement and advocating for tenant rights. In 2023, 303 households in St. Louis Park received a filing for eviction, over 90% of which were for nonpayment of rent. We believe that a strong pre-eviction notice policy is needed to keep our neighbors housed and allow much needed time for tenants to access resources and strategies, preventing an eviction action from ever being filed in court. We believe the following amendments must be included: 1.Length of Notification Period must be 30 Days Fourteen days is an inadequate time to seek legal help, pursue options of moving, find relevant sources to pay past due rent, and/or work out a resolution with a landlord. Thirty days would reduce eviction filings and tenants wouldn’t experience a harmful mark on their record. Landlords would have an increased chance of avoiding court fees, receiving back-rent, and retaining their renters. Thirty days has seen success in communities like Brooklyn Center and should be the minimum. 2.Require Landlords to use the City Template Current pre-eviction notices created independently by landlords are confusing, misleading, laden with legal jargon, and often intimidating. The city must require universal, clear, and accessible language through a mandatory city template to ensure that tenants are receiving the proper information. The process by which the city has chosen to consider these changes has been geared towards landlord input and inaccessible to people who are housing insecure. Even with these barriers, St. Louis Park has the opportunity to continue to be a leader in MN by improving on the state level ordinance for pre-eviction notice. We urge the city to do what is right: lengthen the notification period to 30 days and require the use of a city template. Those facing housing insecurity deserve nothing less. In Warmth and Solidarity, Saint Louis Park Community Housing Team Signatures: Richard J Patterson, MD, MPH (St Louis Park) Barbara Patterson, St. Louis Park, St. Louis Park Community Housing Team-Eviction Prevention Team Claudia Oxley, St Louis Park Study session meeting of March 25, 2024 (Item No. 1) Title: Pre-eviction notice ordinance amendment Page 58 Barbara Isham-Schopf, SLP Kirsten Brekke Albright, St. Louis Park (SLP Community Housing Team) Mary Broman, Vista Lutheran Church, St. Louis Park Amy Spomer Anne Selbyg, St. Louis Park resident, and employee of St. Louis Park Schools Kenneth Isham-Schopf Carol M Bungert, St Louis Park Carla Carlson, Saint Louis Park resident Jay Lindgren Claudia Oxley, St Louis Park Janice Goldstein, St. Louis Park, MN Stephen Ziff, SLP, SLP Community Housing Team Barbara Isham-Schopf, St. Louis Park Community Housing Team-Eviction Outreach Judith Tyrer, St. Louis Park Roxanne Lange, St. Louis Park, St.LouisPark Community Housing Team Asadullah Zazai Elaine Savick, St Louis Park, SLP Community Housing Team Ruth Paradise Hope Melton, Edina Neighbors for Affordable Housing Arnie Bigbee, founding member of Edina Neighbors for Affordable Housing Jinnet Fowles, Edina, Edina Neighbors for Affordable Housing Lori Johnson John Carlotto, St Louis Park Pat Renner Fred Chatterton, SLP, Isaiah Matthew Kinney , St Louis Park Sally Bressler, Minnetonka Community Housing Team Steven Anderson, St. Louis Park, MN,, ISAIAH Leader Tamar Ghidalia, Minneapolis, individual and 3W Consulting Juli Rasmussen, St Louis Park (ISAIAH SD46) Lori Johnson St Louis Park Daisy Henry Carol Sandberg Dorothy J Doyle, St Louis Park Roger Johnson - St Louis Park Study session meeting of March 25, 2024 (Item No. 1) Title: Pre-eviction notice ordinance amendment Page 59 Celia Anderson Beth Gendler, Jewish Community Action, located in St. Paul; statewide organization ACER(African, Career, Education and Resource Inc) Brooklyn Park, MN 55445 Michael Smith NAACP Minneapolis Louise Winter, St. Louis Park, Isaiah and League of Women Voters SLP Ivory Taylor, St. Paul, Associate Director, Housing Justice Center Rochelle Nichols, St. Louis Park Austin Strong, St Louis Park, Isaiah Carly Mason, St. Louis Park, ISAIAH Berdetta Lang, St.Louis Park, SLPCHT volunteer Pastor Kjell Ferris, St. Louis Park, Vista Lutheran Church Sylvia Pogoff, Minnetonka ray shawn, St. Louis Park Barb Anderson St Louis Park Nicole Carson, Hopkins, Vista Lutheran Church dMariinus Van Putten Vista Larissa Penny, St Louis Park, VISTA carol j. ennenga Vista Lutheran Cheryl Novak 8601 Fairview Ave N New Hope Mn. 55428 from Vista Gloria Niehans VistaLutheran Emma Peterson, Vista Lutheran jean white. /edina, mn Vista Lutheran. Jean Olson Vista Lutheran Joy Shidla, Minneapolis, Vista Lutheran Kristi Johnson -- Vista lutheran Mark Edward Ennenga SLP Vista gail gannon. edina. Vista lutheran Christiana Howell, Minneapolis, Vista Lutheran jean bresser s l p vista Marette Tyrer Minnetonka Vista Luthern Roy Tyrer MInnetonka Vista Lutheran kendrick hall Connie Hessevick St Louis Park Vista Lutheran Church Pam Pivec St Louis Park Vista LUltheran william tape sp vlsta Study session meeting of March 25, 2024 (Item No. 1) Title: Pre-eviction notice ordinance amendment Page 60 Roberta Swanson, St Louis Park, Vista Lutheran Maurice Cummings SLP Vista Lutheran carol drake st.louis park, vista joann tape slp vista lois palm hoppinks vista Marilyn Klug, St. Louis Park, SLPCHT Eviction Prevention Team Ellen LaFontaine Sam Mathieu, St. Louis Park Ann Roach, St. Louis Park Carol Clay Deborah Fowler, St. Louis ark John Schenk, St. Louis Park Dan LaFontaine, Saint Louis Park Hanna Williams Sharon Decker, St Louis Park Pat DiBartolomeo, St Louis Park Liz Stroder Ian Rosenthal, Minneapolis, Jewish Community Action Norma Anderson, Minneapolis, NAACP Fatuma Irshat, St Louis Park, Resident Study session meeting of March 25, 2024 (Item No. 1) Title: Pre-eviction notice ordinance amendment Page 61 Meeting: Special city council Meeting date: March 25, 2024 Consent agenda item: 5a Executive summary Title: Adopt ordinance approving PUD amendment – Zelia on Seven – Ward 2 Recommended action: Motion to adopt second reading of ordinance amending Chapter 36 pertaining to PUD 9 to remove an E-generation building and update the site plan and approve summary ordinance for publication. Policy consideration: Does the council support the proposed ordinance amending PUD 9 to change the allowed uses and change the site plan for the Zelia on Seven development? Summary: Bigos Management applied for an amendment to the planned unit development (PUD) for the properties located at 5855 and 5909 Highway 7. Zelia on Seven, formerly known as Via Sol, is a five-story, mixed-use development that includes 217-unit market rate and affordable dwelling units and vacant commercial space. The building opened in 2022. The proposed changes require an amendment to Sec. 36-268 PUD-9 to remove the previously planned E-generation building, to allow use of the ground floor commercial for resident amenities, to allow but not require solar and wind energy systems, and amend the site plan with the reconfigured outdoor amenity area to include a pool and deck and expanded surface parking lot to serve the present parking demand. Previous actions Governing body Date Public hearing conducted. Recommendation of approval passed. Planning commission 03/06/2024 First reading City council 03/18/2024 Financial or budget considerations: None Strategic priority consideration: St. Louis Park is committed to providing a broad range of housing and neighborhood oriented development. Supporting documents: draft ordinance, summary ordinance Prepared by: Laura Chamberlain, senior planner Reviewed by: Sean Walther, planning manager/deputy community development director Approved by: Kim Keller, city manager Page 2 Special city council meeting of March 25, 2024 (Item No. 5a) Title: Adopt ordinance approving PUD amendment – Zelia on Seven – Ward 2 Ordinance No. _____-24 Amending the St. Louis Park zoning ordinance regarding PUD 9 The City of St. Louis Park does ordain: Whereas, the planning commission conducted a public hearing on March 6, 2024 regarding the ordinance; and Whereas, the city council has considered the advice and recommendation of the planning commission (case no. 24-04-PUD); and Whereas, the ordinance approves the removal of anaerobic digester and greenhouse from Site A. Now, therefore be if further resolved that the St. Louis Park Ordinance Code, Section 36-268-PUD 9 is hereby amended by adding underscored text and deleting strikethrough text. Section 36-268-PUD 9. (a)Development plan. The site shall be developed, used, and maintained in conformance with the following Final PUD signed Official Exhibits: 1.PUD Exhibit 2. G001GN-000 – Cover Sheet 3.GN-001 – Drawing Index 3.4. GN-002 – General Legend & Abbreviations G002 – Legend 4.5. GN-003 – Area Calculations G003 – General Notes 5.6. C001 – Existing Conditions and Removals 7. C002 – Tree Removals and Protection Plan 6.8. C003 – Tree Removals and Preservation Plan 7.9. C101 – Site Plan – Overall 8.10. C102 – Site Plan Northwest 9.11. C103 – Site Plan Northeast 10.12. C201 – Temporary Erosion Control Plan 11.13. C301 – Grading and Drainage Plan – Overall 14. C302 – Grading and Drainage Plan – Northwest 15. C303 – Grading and Drainage Plan - Northeast 12.16. C401 – Sanitary Sewer and Watermain 17. C402 – MCES Forcemain Plan and Profile 18. C403 – MCES Forcemain Plan & Profile 13.19. C501 – Storm Sewer Plan & Profile C402 – Storm Sewer Plan 20. C502 – North Building – Storm Sewer Plan 14.21. C801 – Typical Stormwater Details Site Details 15. C802 – Site Details 16.22. C901 – City Std Utility Plates Page 3 Special city council meeting of March 25, 2024 (Item No. 5a) Title: Adopt ordinance approving PUD amendment – Zelia on Seven – Ward 2 17.23. C902 – Detail Sheet StormwaterCity Std Utility Plates 18.24. C903 – City Std Site Utility Plates 19.25. C904 – Detail Sheet Erosion Control City Std Erosion Control Plates 26. C905 – Detail Sheet Pavement 20.27. C1001 – MNDOT Std Ped Curb Ramp Details 21.28. C1002 – MNDOT Std Ped Curb Ramp Details 22.29. L101 – Planting Plan Index – Overall 23.30. L102 – West Planting Plan – Northwest 24.31. L103 – East Planting Plan – Northeast 32. L104 – East Planting Plan, Shrubs 33. L105 – Soil Amendments and Site Mulching Plan 34. L106 – East Layout Plan Plaza 35. L107 – East Layout Plan, Bike Shop Front and Urban Forest 36. L108 – West Irrigation Plan 37. L109 – East Irrigation Plan 38. L501 – Landscape Details 39. L502 – Landscape Details 40. L503 – Landscape Details 25.41. L801 – Planting Details 26.42. V101 – Preliminary Plat 27.43. V102 – Preliminary Plat 28.44. V103 – Preliminary Plat 45.EN-050 – Electrical Site Plan 29.46. E101 – Photometric grid Electrical Site Plan – Overall 30.47. S001 – Site Plan 31.48. AN-100.1 – Overall Floor Plans P1 & Level 1 A101 – North Building Floor Plans 32.49. AN-100.2 – Overall Floor Plans Level 2 & 3 A102 – North Building Floor Plans 33.50. AN-100.3 – Overall Floor Plans Level 4 & 5 A103 – North Building Floor Plans 34.51. AN-100.4 – Overall Roof Plan A104 – North Building Floor Plans 35.52. AN-100.5 – PV Panel Layout A105 – North Building Floor Plans 36.53. AN-201 – Overall Building Elevations A106 – North Building Elevations 37. A107 – North Building Illustrative Elevations 38. A301 – E-Generation Floor Plans 39. A302 – E-Generation Roof Plan 40. A303 – E-Generation Elevations 41.54. A501 – Illustrative Sections 42.55. A502 – Sections 43.PLACE – Envelope Proposals 44.PLACE – Sustainability Proposals 45.PLACE – Proof of Parking 46.PLACE – Lighting Proposals 47.PLACE – Parking Requirements 48.PLACE – Mobility Plan (Travel Demand Management Plan) The following shall be considered Final PUD Official Exhibits from March 25, 2024 onward. If there is conflicting information between the following and the previous list of Official Exhibits, the following shall be considered correct: Page 4 Special city council meeting of March 25, 2024 (Item No. 5a) Title: Adopt ordinance approving PUD amendment – Zelia on Seven – Ward 2 1. T001 – Title 2. C000 – Survey 3. C001 – Civil Site Plan 4. C100 – Selective site demolition and erosion control plan 5. C101 – Selective site demolition and erosion control plan 6. C200 – Grading Drainage and Erosion Control Plan 7. C201 – Grading Drainage and Erosion Control Plan 8. C300 – Paving and Geometric Plan 9. C301 – Paving and Geometric Plan 10. C400 – Civil Details 11. C500 – Watershed Summary 12. L100 – Landscape Overview Plan 13. L101 – Parking Expansion Landscape Plan 14. L102 – Pool Area Landscape Removals Plan 15.As-Built Landscape Data and 2024 Removals 2-1-24_Trees 16.As-Built Landscape Data and 2024 Removals 2-1-24_Shrubs 17. L103 – Pool Area Landscape Restoration Plan 18. L104 – Landscape Detail 19. L105 – Landscape Details 20.Zelia on Seven-Site Lighting Plan 1-22-24 The site shall also conform to the following requirements: (1)The property shall be divided into two zones, as indicated on PUD Exhibit of the Official Exhibits. The zones shall be established by dividing the site into “Site A – E-Gen West”, and “Site B – North East”. (2)Parking will be provided off-street in a surface lot, on-street, and in structured parking. The property shall be developed with 217 residential units, including 18 live/work units, a minimum of 5,000 square feet of ground floor commercial space, and 0.88 acres of urban forest, an e-generation energy facility, and a greenhouse. (2)Parking will be provided off-street in a surface lot, on-street parallel parking, and structured parking. A total of two-hundred eleven fourteen (214211) parking spaces will be provided: 97 parking spaces shall be provided underground in the structured parking, 90 parking spaces shall be provided on the surface lot, 24 parking spaces shall be provided on-street.202 spaces for residential units or 0.93 spaces per dwelling unit, 7 spaces for non-residential uses and 5 spaces for shared cars. An additional 55 spaces are required as a proof of parking as indicated on Sheet 45 of the Official Exhibits. Parking requirements are provided based on Sheet 47 of the Official Exhibits. (3)The maximum height for Site A – E-Gen shall not exceed 33 feet for the building, and 40 feet for the flue. The maximum building height for Site B – North East shall not exceed 61 feet and five stories and 78 feet for the helical wind turbine. (4)The development site shall include a minimum of 12 percent designed outdoor recreation area based on private developable land area. (5)The development shall incorporate a Travel Demand Management (TDM) plan. The details of the TDM plan shall be included in the planning development contract or as an exhibit thereto and amendments shall require city approval. Page 5 Special city council meeting of March 25, 2024 (Item No. 5a) Title: Adopt ordinance approving PUD amendment – Zelia on Seven – Ward 2 The activities performed as specified in the TDM plan shall be reported to the city annually until December 31, 20272024, and upon request by the city after that date. (b)Site A – E-Gen West (1)Permitted. a.Parking lot Greenhouse (2)Permitted with conditions: a.Anaerobic digester. Anaerobic digesters shall be permitted only as part of a larger development which contains at least one other principal use, and where electricity and bio-gas produced by the digester is used primarily by the larger development. i.Organic material, as defined in the Zoning Code, is the only input allowed. ii.No more than 3,000 tons of organic material shall be processed per year. iii.The digester system, associated equipment and operations must occur completely within a negative-pressure building. iv.Organic material shall be deposited from the delivery vehicle directly into an enclosed container integrated with the digester system. v.Sorting of material must occur in an enclosed container integrated with the digester system. vi.Odor controlling devices shall be used to prevent odors from being detectable outside of the building containing the digester system. vii.Flaring of bio-gas is only allowed to burn excess gas and shall not be visible from off-site. viii.No outdoor storage is allowed. ix.Retail distribution of compressed natural gas is not allowed. x.All necessary permits relating to items such as: emissions, solid waste processing, energy production, industrial waste water, and storm water must be obtained from the appropriate agencies. xi.All necessary contracts or agreements with material providers and utility companies must be submitted to the City prior to the issuance of a building permit. (3)Accessory uses. a.Parking lots. b.Outdoor seating, with the following conditions: i.No speakers or other electronic devices which emit sound are permitted outside of the principal structure if the use is located within 500 feet of a residential use. ii.Hours of operation shall be limited to 7:00 a.m. to 10:00 p.m. if located within 500 feet of a residential use. c.Outdoor uses and outdoor storage are prohibited. d.Solar energy systems. (c)Site B – North East (1)Permitted with conditions: Page 6 Special city council meeting of March 25, 2024 (Item No. 5a) Title: Adopt ordinance approving PUD amendment – Zelia on Seven – Ward 2 a.Multiple-family dwellings. Uses associated with the multiple-family dwellings, including, but not limited to the residential office, fitness facility, mail room, assembly rooms or general amenity space. b.Live-work Type I. i.All material or equipment shall be stored within an enclosed structure. ii.Operation of the home occupation is not apparent from the public right-of-way. iii.The activity does not involve warehousing, distribution or retail sales of merchandise produced off the site. iv.No person is employed at the residence who does not legally reside in the home. v.No light or vibration originating from the business operation is discernible at the property line. vi.Only equipment, machinery and materials which are normally found in the home are used in the conduct of the home occupation. vii.No more than one non-illuminated wall sign limited to two square feet in area is used to identify the home occupation. viii.Space within the dwelling devoted to the home occupation does not exceed one room or forty-five (45) percent of the floor area, whichever is greater. ix.No portion of the home occupation is permitted within any attached or detached accessory building. x.The structure housing the home occupation conforms to the building code; and in the case where the home occupation is day care or if there are any customers or students, the home occupation has received a certificate of occupancy. c.Commercial uses. Commercial uses are only permitted on the first floor, and are limited to the following: coffee shops, office, private entertainment (indoor), retail shops, service, showrooms, and studios. i.All parking requirements must be met for each use per Sheet 62 of the Official Exhibits. ii.Hours of operation for commercial uses shall be limited to 6 a.m. to 12 a.m. iii.Restaurants are prohibited. iv.In vehicle sales is prohibited. d.Civic and institutional uses. Civic and institutional uses are limited to the following: education/academic, library, museums/art galleries, indoor public parks/open space, police service substations, post office customer service facilities, public studios, and performance theaters. (2)Accessory uses: a.Incidental repair or processing which is necessary to conduct a permitted use and not to exceed ten percent of the gross floor area of the associated permitted use. b.Home occupations as regulated by this chapter. i.Except family day care is prohibited. Page 7 Special city council meeting of March 25, 2024 (Item No. 5a) Title: Adopt ordinance approving PUD amendment – Zelia on Seven – Ward 2 c.Catering, if accessory to food service, delicatessen, or retail bakery. d.Gardens. e.Parking lots. f.Outdoor seating, with the following conditions: i.No speakers or other electronic devices which emit sound are permitted outside of the principal structure if the use is located within 500 feet of a residential use. ii.Hours of operation shall be limited to 7:00 a.m. to 10:00 p.m. if located within 500 feet of a residential use. g.No outdoor uses or storage allowed. h.Solar energy systems. (Ord. No. 2640-22, 1-18-2022) (3)Wind Energy Conversion Systems (WECS), with the following conditions: a.Wind turbines shall be of the helical-type. b.Helical wind turbines shall meet the following design requirements: i.One WECS shall be allowed per lot. ii.The WECS unit shall not exceed 17 feet in height, and shall not exceed 79 feet overall, including the building height when attached to the roof of a building. iii.The fall zone shall be completely within the property lines of the lot within which the WECS is located. iv.Minimize visual impact. WECS design and location shall minimize visual impact. v.Color and finish. All WECS shall be white, grey, black or another non-obtrusive color. Blades may be black in order to facilitate deicing. Finishes shall be matt or non-reflective. vi.Tower lighting. WECS shall not be artificially lighted, except as specified herein and to the extent required by the FAA or other federal or state law or regulation that preempts local regulations. vii.Signs and displays. The use of any portion of a WECS for displaying flags and signs, other than warning or equipment information signs, is prohibited. viii.Associated equipment. Ground equipment associated with a WECS shall be housed in a structure. Structures housing equipment shall meet the architectural design standards of the Zoning Ordinance. Control wiring and power-lines shall be wireless or underground. ix.Braking system required. All WECS shall have an automatic braking, governing or feathering system to prevent uncontrolled rotation, over speeding and excessive pressure on the structure, rotor blades and turbine components. x.Design height. The applicant shall provide evidence that the proposed height of the WECS does not exceed the height recommended by the manufacturer or distributor of the system. xi.Interconnection agreement. The applicant shall provide a copy of the utility notification requirements for interconnection, unless Page 8 Special city council meeting of March 25, 2024 (Item No. 5a) Title: Adopt ordinance approving PUD amendment – Zelia on Seven – Ward 2 the applicant intends, and so states on the application, that the system will not be connected to the electricity grid. xii.Technology standards. WECS must meet the minimum standards of a WECS certification program recognized by the American Wind Energy Association, such as AWEA’s Small Wind Turbine Performance and Safety Standard, the Emerging Technologies program of the California Energy Commission, or other 3rd party standards acceptable to the City. xiii.Noise. Audible sound due to wind energy system operations shall comply with the standards governing noise contained in the City of St. Louis Park Code of Ordinances. xiv.If the WECS remains nonfunctional or inoperative for a continuous period of one year, the system shall be deemed abandoned and shall constitute a public nuisance. The owner shall remove the abandoned system at their expense after a demolition permit has been obtained. Removal includes the entire structure including foundations to below natural grade and transmission equipment. (d)Special performance standards. (1)All general zoning requirements not specifically addressed in this ordinance shall be met, including but not limited to: outdoor lighting, architectural design, landscaping, parking and screening requirements. (2)The site is exempt from the shadowing requirements specified in Section 36- 366(b)(1)g of the zoning ordinance. (3)All trash, garbage, waste materials, trash containers, and recycling containers shall be kept in the manner required by this code. All trash handling and loading areas shall be screened from view within a waste enclosure. (4)Signs shall be allowed in conformance with the approved redevelopment plan or final PUD site plan and development agreement in accordance with the following conditions: a.Pylon signs are prohibited; b.Freestanding monument signs shall utilize the same exterior materials as the principal buildings and shall not interfere with pedestrian, bicycle or automobile circulation and visibility; c.Maximum allowable number, sizes, heights and yards for signs shall be regulated by section 36-362, MX requirements. d.Wall signs of non-residential uses shall only be placed on the ground floor and exterior walls of the occupied tenant lease space, and/or a monument sign. e.Wall signs shall not be included in calculating the aggregate sign area on the lot if they meet the following outlined conditions: i.Non-residential wall signs permitted by this section that do not exceed seven percent of the exterior wall area of the ground floor tenant lease space. ii.The sign is located on the exterior wall of the ground floor tenant lease space from which the seven percent sign area was derived. iii.No individual wall sign shall exceed 100 square feet in area. (5)Façade. Page 9 Special city council meeting of March 25, 2024 (Item No. 5a) Title: Adopt ordinance approving PUD amendment – Zelia on Seven – Ward 2 a.Fibrous cement, high performance brick veneer with rain screen cladding systems, and vertically integrated photovoltaic panels shall be considered Class I Materials. (6)Awnings. a.Awnings must be constructed of heavy canvas fabric, metal and/or glass. Plastic and vinyl awnings are prohibited. b.Backlit awnings are prohibited. Section 1. This ordinance shall take effect fifteen days after its publication. Reviewed for administration: Adopted by the city council March 18, 2024 Kim Keller, city manager Nadia Mohamed, mayor Attest: Approved as to form and execution: Melissa Kennedy, city clerk Soren Mattick, city attorney First reading March 18, 2024 Second reading March 25, 2024 Date of publication April 4, 2024 Date ordinance takes effect April 19, 2024 Page 10 Special city council meeting of March 25, 2024 (Item No. 5a) Title: Adopt ordinance approving PUD amendment – Zelia on Seven – Ward 2 SUMMARY FOR PUBLICATION Ordinance No. ____-24 Amending the St. Louis Park zoning ordinance regarding PUD 9 This ordinance states that the Zoning Code Section 36-268 PUD 9 will be amended to remove anaerobic digester and greenhouse as allowed uses for Site A – West and update official exhibits. This ordinance shall take effect no sooner than 15 days after publication. Adopted by the city council March 25, 2024 Nadia Mohamed /s/ Mayor A copy of the full text of this ordinance is available for inspection with the City Clerk. Published in St. Louis Park Sun Sailor: April 4, 2024 Meeting: Study session Meeting date: March 25, 2024 Discussion item: 2 Executive summary Title: Boards and commissions purpose and structure Recommended action: None Policy consideration: Should non-statutory boards and commissions report to the city council? 1.If yes, then does the council wish to continue with the same program or does council wish to establish strategic priority-based commissions? 2.If no, then does the council wish for the: a.non-statutory boards and commission program’s purpose to be to support community-informed decision making and leadership development? b.structure to be a single strategic board? Summary: The city council has been discussing its boards and commissions since March 2022. The council, staff and stakeholders, including boards and commissions members, have been engaged in this discussion throughout the following touchpoints: •An external assessment conducted in early 2023 on the boards and commissions program. •Stakeholder engagement and conversations around a program purpose for the boards and commissions program. •Additional engagement for stakeholders to provide feedback on the staff proposed program purpose and structure, which included direct conversations with the council. Based on the information gathered throughout this process staff has outlined program structure options (which include revisions to the original staff recommended model based on the additional engagement) for the council to consider and offer policy direction on. We also heard support from the council around making incremental changes; if the decision was made to try a different structure, it could be considered a pilot. Council could also choose to keep the current structure. Financial or budget considerations: None. Strategic priority consideration: St. Louis Park is committed to creating opportunities to build social capital through community engagement. Supporting documents: Discussion Appendix A: Boards and commission background data Appendix B: Policy decision tree Appendix C: Timeline and engagement outcomes Appendix D: Input received at commission workshop of Nov. 21, 2023, public comments received by council and/or staff since Oct. 2, 2023 and official meeting minutes of council workshop of March 4, 2024 Prepared by: Cheyenne Brodeen, administrative services director Reviewed by: Cindy Walsh, deputy city manager Approved by: Kim Keller, city manager Study session meeting of March 25, 2024 (Item No. 2) Page 2 Title: Boards and commissions purpose and structure Discussion Background: Since March 2022, the city council has been discussing the city’s boards and commissions related to their structure, role, function and authority to ensure alignment with the city’s strategic priorities. This report provides an overview of the city’s current board and commission structure and options for the council to consider around reporting structure, program purpose and structure for the boards and commissions in St. Louis Park. Current structure: The city currently has ten boards and commissions made up of volunteers with wide-ranging interests and expertise who care about the community and want to participate in public service. Five of these boards are “advisory,” and the other five are “statutory bodies.” The five statutory bodies are created by power given to the city from the state; these boards and commissions must remain under some form of structure that resembles how they currently function because they conduct business that is statutorily required. The five statutory boards are not being considered during this discussion. The charter authorizes the city council to create commissions with advisory powers to investigate any subject of interest to the city. The city code contains the enacting ordinances for those bodies, created with the express purpose of acting in an advisory capacity to the city council. Membership requirements, composition, scope of work and authority are varied. The city council currently appoints most board and commission members. Boards and commissions created solely through the authority of the city council may be changed at the discretion of the council. These are the boards and commissions in scope for the discussion: the Community and Technology Advisory Commission, Environment and Sustainability Commission, Human Rights Commission, Parks and Recreation Advisory Commission and Police Advisory Commission. Data regarding current boards and commissions program: In response to council questions about the makeup and participation of current boards and commission members, staff compiled a number of data sets. See appendix A for detailed information. Addressing barriers to participation: The assessment as well as additional stakeholder engagement highlighted the need to address barriers to participation, identified in the assessment as: • Virtual participation prohibited by law • No food, transportation or childcare considerations • Meeting setup is not community-centric • Open meeting law is cited as a reason for obstacles • Overall expectation of the city is that residents should and will come to them, and if they do not, it is assumed that it is because they are not interested or able The barriers that can be addressed with either model outlined below in this report are compensation (food, transportation and childcare) and the decision-making tools (use of Study session meeting of March 25, 2024 (Item No. 2) Page 3 Title: Boards and commissions purpose and structure parliamentary procedures). These would be dependent on the final policy direction received and would require additional policy direction and action by council. Open meeting law and legal implications: All local government agencies in Minnesota must adhere to the Open Meeting Law, which states that all meetings, including executive sessions, must be open to the public. This includes the governing bodies (city council) of a statutory or home rule charter city and any of the following: committees, subcommittees, board, department or commission of a public body. Depending on factors such as reporting structure, program purpose, and operational considerations there may be a certain level of flexibility that could be introduced. Compensation: The council could offer policy direction regarding boards and commissions member compensation. Staff recommends that this discussion happen later when additional research could be conducted, especially given the changing employment landscape with recent state legislative action, and an official recommendation on policy and potential budget impacts presented. This could be done regardless of board and commission structure. Community-centric meetings: The current boards and commission structure lends itself to a very structured environment that is at odds with being community-centric; the need to follow parliamentary procedures was named specifically in the assessment as a barrier and the need to commit to the monthly meetings long-term was another barrier that was named during additional engagement. Additional decision-making tools, such as consensus-based models, can be explored and possibly implemented. Present considerations: The council has multiple policy questions to consider regarding this topic. • First and foremost, the council needs to determine if they wish for boards and commissions to be advisory to council directly or to council via staff. The council’s direction on this policy question will determine the feasibility of certain aspects of the staff recommendation. • The second policy question focuses on the structure of boards and commissions and is dependent on the council’s decision to the first policy question. • Council could also choose to keep the current structure as is. Should non-statutory boards and commissions report to council? The first policy question before the council is to determine if the council wishes to have boards and commissions continue to report to them or report through the city manager. The challenge in this process has been the role and interaction between the council and the board and commission members. A handful of the themes from the assessment identify this and the corresponding themes are outlined here: • Theme 2, we do not know what we are supposed to be doing. Study session meeting of March 25, 2024 (Item No. 2) Page 4 Title: Boards and commissions purpose and structure o Respondents wonder what their role is in relation to the council, city manager, staff and community. o There is lack of clarity about council expectations, needs and motivations for engaging community through this program. o While many respondents said it was nice to have latitude, the lack of guidance or structure from the council also makes people feel rudderless without focus. • Theme 3, we get mixed messages. o “You are here to advise council” but they rarely interact with council, are not consistently asked for advice and there is no reliable mechanism for interaction or workflow – staff is the conduit. • Theme 4, we feel disconnected. o Commissioners only interact with council once a year (if that), and for a very limited time and purpose. • Theme 5, systems are not in place to support us sufficiently. o The workplan process does not support the charge of advising council. o There is not a reliable system in place for being proactive and supporting council’s required needs. • Theme 9, it is about who you know … and you do not know us (community members of groups currently underrepresented). o Respondents believe that appointment to commissions is based on who you know, and that the people that are most actively recruited are the people that council and staff already know. If the council chooses to have this program continue to be advisory to the elected body, the council will need to take a larger role in providing direction, connection and time to the program beyond the annual check-in meeting to discuss each board’s workplan. The staff recommendation to shift the reporting structure from the council to the city manager is a way to have the structure reflect the most common current practice, address the issue of role and interaction between the council and boards and commissions, and provide clarity for the process. In most situations, work direction for boards and commissions comes directly from staff. The assessment and additional stakeholder engagement found that board and commission members really appreciate and respect their staff liaison. • Theme 7, staff is amazing, but they do not have capacity. o Universally, commissioners rave about their staff liaisons and feel that they go over and above in terms of effort. However, staff and commissioners alike note that this is a tiny piece of the staff liaison’s overall job and they are stretched thin. Staff and the consultants heard that boards and commissions still wanted to have a connection to the council. This is something that staff is proposing be addressed in the workflow and have provided examples of in the analysis below. Study session meeting of March 25, 2024 (Item No. 2) Page 5 Title: Boards and commissions purpose and structure A decision tree is included as appendix B that outlines the decisions and options to those decisions that the council could make. Further details on the structural options are outlined in the analysis of the two models below. Structural options: an analysis of two models Staff has outlined two potential models for the council to consider depending on their answer to the first policy question proposed above. If the council chooses to have the boards and commissions program report to the city manager, then staff recommends Model 1 (a single strategic board with strategic priority-based seats) for consideration. If the council chooses to have the boards and commissions program report to them, staff offers Model 2 (aligning boards and commissions with strategic priorities) for consideration. The two models are as follows: Model 1. A single strategic board with strategic priority-specific seats (revised staff recommendation) Program purpose: Community-informed decision making and leadership development Reporting structure: City manager Description: A single, large strategic board made up of approximately 25-30 vetted and approved community members. Members from that board would indicate which of the strategic priorities they are most interested in supporting, then participate in smaller project and topic-based work groups throughout the year in alignment with topics brought forward through the systems approach. The full body would meet two or three times per year for leadership development opportunities. Example workflows: Budgeting software 1. The finance division is implementing new budgeting software that has an external facing component. As the software is being implemented, finance staff want to engage members of the single strategic board for input on how best to communicate the information to residents. 2. Community engagement coordinator recruits five to seven board members who indicated an interest in community engagement and race, equity and inclusion to provide input to finance staff over the period of two months. 3. Finance staff will use the input provided to ensure that the software is accessible and understandable to residents. Staff highlights this input to council in a report during the budget process. Urban Forestry Management Plan 1. Council provides staff direction to create an Urban Forestry Management Plan. 2. Natural resources staff refers the draft Urban Forestry Management Plan to the strategic board for research and discussion. 3. Community engagement coordinator recruits five to seven board members who indicated an interest in environmental stewardship to review and provide input Study session meeting of March 25, 2024 (Item No. 2) Page 6 Title: Boards and commissions purpose and structure on the plan over a period of two to three months, along with one or two staff liaisons to support. 4. Final plan will be brought to board for endorsement, which then will be brought to council for discussion and adoption and include board feedback for consideration. Commission members will be invited to attend. Comprehensive Safety Action Plan work group 1. Council provides staff direction to create a Comprehensive Safety Action Plan. 2. Engineering staff requests community members to serve on a Comprehensive Safety Action Plan work group, with the goal of reducing and eliminating serious- injury and fatal crashes affecting all roadway users. 3. Community engagement coordinator recruits five to seven board members to serve on work group over a period of one year. The selected board members would be those who indicated an interest in environmental stewardship, connected infrastructure, community engagement, and race, equity and inclusion. The board members will provide input on a plan to one or two staff liaisons and an external consultant. 4. Final plan will be brought to board for endorsement, which then will be brought to council for discussion and adoption. Commission members will be invited to attend. Community health 1. A group of members from the single strategic board identify the need to promote resources related to community health to youth and others in the community. 2. Community engagement coordinator connects with staff from fire and race, equity and inclusion to determine capacity to support this conversation. Once staff has agreed, five to seven board members are recruited to serve on a work group over a period of one year. The selected board members may be some of the original requestors of this topic in addition to community engagement, and race, equity and inclusion. 3. Staff and board members collaborate to understand the issue and resources available. Additional community partners may be brought into the conversation. 4. Final plan and/or recommendation will be brought to the board for endorsement, then brought to council for informational purposes if no policy action is requested. Study session meeting of March 25, 2024 (Item No. 2) Page 7 Title: Boards and commissions purpose and structure Engagement alignment: Model 1: Single strategic board with strategic priority-specific seats (revised staff recommendation) Theme Impact Meets within structure Does not meet within structure Influence policy and have a meaningful impact Clarifies role or reporting structure as named in evaluation report. X Leadership development Leadership development through special presentations and civic learning. X Connection to strategic priorities Meets. Also allows for work that falls across strategic priorities, e.g. hate crime reporting, Vision 4.0process, budget process or Comprehensive Safety Action Plan. X Cross-topic collaboration Allows for cross-topic collaboration as well as inter-topic collaboration within broader strategic priorities. X Address barriers to participation Potential for all barriers to be addressed. X Revisions from additional input: Staff made revisions from the recommendation presented to council on Oct. 2, 2023, based on input from additional stakeholder analysis. The following changes were made: • Strategic priority-based seats were added to address the current commission members’ concern around the loss of specialized expertise. Spaces would be available for existing commission members to apply. • Workflows were added to address the concern around lack of clarity of how the structure would operate. • Current members could be seated on the new body to add consistency to the overall program amongst structural change. • Staff is providing data in appendix A related to vacancy rates to address concerns around the reduction of available seats. Since 2017, the average vacancy rate on the five advisory bodies was 16% or approximately seven seats total out of 50 which the council appoints. Race equity and inclusion (REI) analysis: This model has the potential to address the barriers to participation that have been identified throughout this process. The flexibility of project scheduling, meeting cadence and virtual meeting ability, all make it easier for residents to participate. Staff believes this makes it more likely that we will see a wider range of participants in terms of diversity (such as race, economic status, age, education, and abilities). The most opportune time to address equity and inclusion considerations is during the creation of a program structure. An inclusive structure means that less time and effort needs to be spent Study session meeting of March 25, 2024 (Item No. 2) Page 8 Title: Boards and commissions purpose and structure on programming considerations (e.g. recruitment) because people are more likely to feel inclined to participate. This model also takes into consideration the importance of leadership development and embeds it into the structure of the program. Instead of doing this, many government agencies and community organizations offer leadership development training and programs to serve on boards and commissions. Often these programs are targeted toward under-represented communities so that all people, regardless of background, can participate confidently in public processes. The cross-topic collaboration that is featured in this model centers the REI work in acknowledging that racial equity is a lens that should be applied across all topics, not siloed to one board or one project. Connection to council: Throughout this process, stakeholders identified that they wanted a connection to the council. In addition to the connection the council would have to the work of the smaller groups as noted in the work flows above, council would also be invited to an annual session where the full strategic board discusses their work throughout the year and plans for the upcoming year. Additional touchpoints could be built into the program as desired. Staffing considerations and resources: A community engagement coordinator will manage and align this program with its program purpose and additional engagement programing. This role would serve as the liaison to the single strategic board. This structure provides for a streamlined and efficient staffing model and switches from five designated staff liaisons to the community engagement coordinator who coordinates with city staff from across the organization who have projects that need the consideration of a resident- based group. This provides for a better use of staff time and capacity and provides for a wider range of city business to benefit from a resident-based engagement program. Limitations to be considered: As noted in the Oct. 2, 2023, report, with innovation there are unintended consequences and trade-offs. There is the potential for participation inconsistencies. Additionally, concerns were raised during additional stakeholder engagement that have not been addressed in the revised structure, such as concerns around meeting effectiveness with a large board and city staff as perceived barrier. Staff plans to address these through additional engagement on the planning and implementation of the new program. Model 2. Boards and commissions aligned with strategic priorities Program purpose: To provide input to the council on key policies and decisions that align with the five strategic priorities. Reporting structure: Council Description: Current program stays as-is from a structural perspective, however, the current advisory commissions would be disbanded, and new commissions would be established to align with the city’s adopted strategic priorities. Study session meeting of March 25, 2024 (Item No. 2) Page 9 Title: Boards and commissions purpose and structure Example workflow: Land acknowledgement policy 1. Council refers a land acknowledgement policy to Race, Equity and Inclusion Commission for research and discussion. 2. Race, Equity and Inclusion Commission meets over two to three months to research policy and craft recommended policy direction and language. 3. Race, Equity and Inclusion Commission members present results to council (via report or presentation with support from staff). 4. Council uses input from Race, Equity and Inclusion Commission to inform decision-making. Urban Forestry Management Plan 5. Council provides staff direction to create an Urban Forestry Management Plan. 6. Council requests input from the Environmental Stewardship Commission on the draft Urban Forestry Management Plan. 7. The staff liaison leads discussions on this topic at several of the commission’s monthly meetings over a period of three to four months. 8. Members of the Environmental Stewardship Commission present their recommendations to council. Comprehensive Safety Action Plan 1. Council provides staff direction to create a Comprehensive Safety Action Plan. 2. Engineering staff requests input from community members on a Comprehensive Safety Action Plan (a plan aimed at reducing and eliminating serious-injury and fatal crashes affecting all roadway users). 3. Engineering staff brings discussion questions to separate meetings of the Connected Infrastructure Commission; Environmental Stewardship Commission; Race, Equity and Inclusion Commission; and Community Engagement Commission for comment. 4. Final plan is brought to each commission for final endorsement. 5. Plan is then brought to council for discussion and adoption. Study session meeting of March 25, 2024 (Item No. 2) Page 10 Title: Boards and commissions purpose and structure Engagement alignment: Model 2: Five boards & commissions aligned with strategic priorities Theme Impact Meets within structure Does not meet within structure Influence policy and have a meaningful impact Requires the council to have regular meetings to interface with commissions in addition to annual work plan meeting and regularly reading all commission minutes. X Leadership development Current leadership development opportunities within B&C structure continue and would require and additional leadership development program separate from the structure. X Connection to strategic priorities Of the five strategic priorities, not all are suitable for the focus of a standalone commission. Further details described below. X Cross-topic collaboration No system for cross-topic collaboration. X Address barriers to participation Some barriers may be addressed, such as compensation and parliamentary procedures. Barriers related to flexibility, and community centric meeting options not addressed. X Revisions from additional input: Staff included this model based upon the Mar. 4, 2024, council workshop where some council members indicated that they were interested in exploring this model in more detail. Race equity and inclusion (REI) considerations: This model is structurally the same as the current structure. It maintains the current system that naturally attracts residents with time and resources, and puts the burden on residents who are not engaged to join a system and structure that was not built for them to participate easily. To help address REI considerations, staff would recommend the city develop an additional or separate leadership development program, which can create additional burden or limit an individual’s ability to participate. Given this model’s structural similarity to the current one, it does not address the concerns around creating a community-centric program. It upholds the status quo and does not center those voices who had said that the expectation of the city is that residents should and will come to them, and if they do not, it is because they are not interested or able. As noted above, a few barriers to participation could be addressed, such as compensation (should council offer policy direction on that in the future and potentially additional budget) and a new decision-making tool could be chosen instead of the current parliamentary procedures. Study session meeting of March 25, 2024 (Item No. 2) Page 11 Title: Boards and commissions purpose and structure Staffing considerations and resources: This model decentralizes program management and relies on staff liaisons to support its function and management. It is less efficient than a single strategic board in that staff liaisons will be in the similar position now of navigating situations where there is no direction from council or a timely policy or program to weigh in on. The current structure also does not allow for opportunities for other city business that does not closely align with a strategic priority to access input from residents. Lastly, should a commission be developed for all five strategic priorities, an extra burden would be placed on the community development department. Currently, community development provides staff support to three statutory bodies which, given the legal significance of their work, requires much more staff capacity than an advisory body. An additional housing commission that is advisory to council would also likely result in confusion about roles and responsibilities. Limitations to be considered: If the council chooses this model, additional conversations would be required to define roles and responsibilities that address the themes and input raised from the assessment. This model was considered as an option when staff originally completed an analysis of structural options that align with the program purpose in the fall of 2023. While alignment with the strategic priorities sounded like a great option, once staff began to work through alignment to the strategic priorities the following was noted related to the possible work of each of the commissions: • Environmental Stewardship: There is great alignment between this strategic priority and the current Environment and sustainability commission. • Race, Equity and Inclusion: After considering the engagement and how important it was for race, equity and inclusion lens to be a part of the work of all of the commissions, it would be challenging to have this be a standalone commission where the work would be siloed. There would be work for this commission, but it would continue to be challenging to account for the desired cross-topic communication. • Community Engagement: Similar to the concerns related to the race, equity and inclusion committee, community engagement is and should be a part of the work that all of the commissions are considering. There would be limited policy work for this commission and cross topic collaboration would be difficult. • Connected Infrastructure: Much of this priority addresses managing infrastructure assets, with limited policy work. It could cause frustration and confusion for volunteers to make recommendations council on these technical recommendations that rely on statutes, studies, standards, council policies, etc. Due to the technical nature of our infrastructure (as it relies on statutes, standards, council policies, etc.) it may be challenging for volunteers to make recommendations. • Housing: Several existing boards already are dedicated to housing, along with Planning Commission and BZA. Additional staffing considerations have been detailed above. Additionally, this model does not allow for work that falls outside of strategic priorities, e.g. hate crime reporting, Vision 4.0, budget process, public safety or community health. Study session meeting of March 25, 2024 (Item No. 2) Page 12 Title: Boards and commissions purpose and structure Additional considerations: Current boards and commission members could be considered for seats on one of the new commissions. However, the five strategic priorities do not align with all of the current commission topics. Ultimately, some of the current commission work would not translate into the model. This model would also require that each commission sunset and reestablish every ten years when strategic priorities are updated through the community visioning process. Summary of models and adherence to themes identified Model/Theme Influence policy and have a meaningful impact Leadership development Connec�on to strategic priori�es Cross-topic collabora�on Address barriers to par�cipa�on 1. Single strategic board with strategic priority- specific seats X X X X X 2. Boards & commissions aligned with strategic priori�es X X X Operational changes to be made and considered Over the course of this process, staff has proposed policy changes that are in the council’s purview, such as the program purpose and structure. Once council has made a final decision on those items staff will develop the necessary operational changes to align with the program purpose and final structure. The operational changes will be a very important aspect of the way the program is managed, and some are dependent on the policy direction the council provides. The assessment found that there are operational changes that need to be made to support the overall cohesion of the program. The following operational changes will be addressed after the council gives final policy direction to the program: Ordinance amendments: Once final policy direction is given, staff will bring forward official ordnance amendments to the boards and commissions sections of the city code that are in alignment with what the council has directed. These amendments, which would include purpose, membership details, procedures, term limits, meeting frequency, decision making tools, etc. would be approved during official council meetings and would follow standard process for ordinance amendments. Study session meeting of March 25, 2024 (Item No. 2) Page 13 Title: Boards and commissions purpose and structure Boards and commission rules of procedure: This document would need to be amended or rewritten completely to align with the new program. Staff will incorporate information gathered and discussed amongst stakeholders regarding these updates. If the council chooses to keep the reporting authority to them, the revised rules of procedure will come to the council for approval. If the council chooses to change the reporting through the city manager, the revisions to the procedures would be done administratively and shared with council and board and commissions. Application process and outreach: Staff will incorporate changes into the application process to increase access to participation into the program. An example could be additional ways to submit applications and adjusting the questions to focus on interest and ideas versus traditional expertise. With the implementation of a new program comes opportunities to create new and engaging outreach materials and messaging that can help attract a wide range of interest from across the city. Onboarding and orientation: A uniform onboarding and orientation process will be established regardless of the selected structure. It will incorporate recommendations from the boards and commissions assessment and additional input from stakeholders from throughout this process. Staff and structure for the long term: One of the findings of the assessment was to provide staffing and structural support for the long term to support this program by hiring dedicated community engagement staff. An additional full-time employee position was added to the 2024 budget to support this program. Their role will be to support staff liaisons, cultivate relationships and connections with community members, support recruitment and the appointment process and build consistent training and program support. Next steps: Once policy direction is received from the council, staff will begin developing necessary operational changes and adjustments to align with the council’s direction. Staff will return with any necessary changes that require council action, policy direction and/or regular updates on the progress of the program. Items that will require council action are the ordinance amendments and, potentially, the boards and commissions procedures. There may also be items that will require additional policy direction (e.g. commission member compensation). Informational items to council will be details around the final boards and commissions program, the application process, outreach and recruitment and onboarding. Staff will also begin engaging with the statutory bodies around the application, outreach and onboarding processes as those are being revised and updated to ensure their input is incorporated into the process. Appendix A: Board & Commission background data Graph 1. Vacancy rates (2017-2023) Since 2017, the average vacancy rate on the five advisory bodies (Communica�on and Technology Advisory Commission (CTAC), Environment and Sustainability Commission (ESC), Human Rights Commission (HRC), Police Advisory Commission (PAC) and Park and Recrea�on Advisory Commission (PRAC) is 16% or about 7 seats out of the 50 seats total. Note: the council is responsible for appoin�ng 50 seats for the advisory bodies noted. This does not include the 5 seats appointed by the school district. Study session meeting of March 25, 2024 (Item No. 2) Title: Boards and commissions purpose and structure Page 14 Table 1. Demographics of non-statutory board & commission members as of March 2024 Board/Commission Total members (when full) White (not Hispanic/La�no) Black/African American Two or more races (not Hispanic/La�no) Asian (not Hispanic/ La�no) Hispanic /La�no Undisclosed /Vacant CTAC 9 5 0 1 0 0 3 ESC 13 8 0 1 1 1 2 HRC 9 2 0 0 0 2 5 PRAC 6 4 0 0 0 0 2 PAC 13 7 0 0 0 0 6 50 26 0 2 1 3 18 Note: The council is responsible for appoin�ng 50 seats for the advisory bodies. This does not include the 5 seats appointed by the school district. Table 2. Applica�on and appointment data by race Year No. posi�ons* Applica�ons received ** Applicant race data Posi�ons by group Applica�ons by group Who was appointed? 2018 13 posi�ons 24 total o 4 reappointment • White (not Hispanic or La�no) = 21 • Asian (not Hispanic or La�no) = 1 • No answer = 2 • ESC = 6 • Housing = 1 • HRC = 1 • Planning = 2 • PAC = 3 • ESC = 9 • Housing = 5 • HRC = 10 • Planning = 12 • PAC = 3 • White (not Hispanic or La�no) = 8 • Asian (not Hispanic or La�no) = 1 • No answer = 1 • NOTE: 3 vacancies not filled due to lack of qualified applicants. 2019 17 posi�ons 53 total o 9 reappointment • White (not Hispanic or La�no) = 41 • Asian (not Hispanic or La�no) = 1 • Black or African American = 4 Study session meeting of March 25, 2024 (Item No. 2) Title: Boards and commissions purpose and structure Page 15 • Hispanic or La�no = 2 • Two or more races (not Hispanic or La�no) = 1 • No answer = 4 • ESC = 3 • Housing = 1 • HRC = 3 • PRAC = 2 • Planning = 2 • PAC = 3 • TAC = 3 • ESC = 14 • Housing = 4 • HRC = 8 • PRAC = 6 • Planning = 10 • PAC = 5 • TAC = 6 • White (not Hispanic or La�no) = 9 • Asian (not Hispanic or La�no) = 1 • Black or African American = 4 • Hispanic or La�no = 1 • Two or more races (not Hispanic or La�no) = 1 • No answer = 1 2020 26 posi�ons 63 total o 13 reappointment • White (not Hispanic or La�no) = 53 • Black or African American = 2 • Two or more races (not Hispanic or La�no) = 2 • No answer = 6 • CTAC = 4 • ESC = 6 • Housing = 1 • HRC = 5 • PRAC = 2 • Planning = 2 • PAC = 6 • CTAC = 12 • ESC = 13 • Housing = 3 • HRC = 10 • PRAC = 8 • Planning = 7 • PAC = 10 • White (not Hispanic or La�no) = 22 • Black or African American = 2 • Two or more races (not Hispanic or La�no) = 0 • No answer = 2 2021 18 posi�ons 45 total o 7 reappointment • White (not Hispanic or La�no) = 36 • Asian (not Hispanic or La�no) = 2 • Black or African American = 1 • Hispanic or La�no = 1 • Two or more races (not Hispanic or La�no) = 2 • No answer = 3 • CTAC = 1 • ESC = 6 • Housing = 2 • HRC = 1 • Planning = 4 • PAC = 4 • CTAC = 9 • ESC = 16 • Housing = 3 • HRC = 7 • Planning = 5 • PAC = 5 • White (not Hispanic or La�no) = 13 • Asian (not Hispanic or La�no) = 2 • Black or African American = 1 • Hispanic or La�no = 1 • Two or more races (not Hispanic or La�no) = 1 • No answer = 0 2022 15 posi�ons 41 total o 6 reappointment • White (not Hispanic or La�no) = 4 • Asian (not Hispanic or La�no) = Study session meeting of March 25, 2024 (Item No. 2) Title: Boards and commissions purpose and structure Page 16 • Black or African American = • Hispanic or La�no = • Two or more races (not Hispanic or La�no) = 1 • No answer = • CTAC = 3 • ESC = 3 • HRC = 2 • PRAC = 2 • Planning = 2 • PAC = 3 • CTAC = 5 • ESC = 10 • HRC = 8 • PRAC = 6 • Planning = 9 • PAC = 3 • White (not Hispanic or La�no) = • Asian (not Hispanic or La�no) = • Black or African American = • Hispanic or La�no = • Two or more races (not Hispanic or La�no) = • No answer = Notes: *Across all boards and commissions (statutory + discre�onary). Represents vacant posi�ons + posi�ons in which a member was seeking reappointment. **Number reflects number of individual applicants. A person who applied for more than one board or commission is counted as one applicant for the group that was their first choice. Table 4. Reappointment data for boards and commissions Reappointment rates Total applicants Total open posi�ons Total reappointment applica�ons Approved reappointments % of posi�ons reappointed Rate of reappointment 2017 61 30 12 12 40% 100% 2018 24 13 4 4 31% 100% 2019 53 17 8 5 29% 63% 2020 63 26 13 9 35% 69% 2021 45 18 7 7 39% 100% 2022 41 15 6 3 20% 50% Totals 287 119 50 40 34% 80% Staffing resources required for current structure Staff of the five advisory boards and commissions spend significant hours each month on boards and commissions work, including mee�ng prep and follow up, preparing or reviewing minutes, and atending the mee�ng itself. The number of hours spent suppor�ng each commission varies by the amount of staff support required, the length of mee�ng, and the amount of mee�ng prepara�on and follow-up work needed. Study session meeting of March 25, 2024 (Item No. 2) Title: Boards and commissions purpose and structure Page 17 In a given year, approximately $28,000-35,000 in staff �me is dedicated to boards and commissions work; this is the cost of five staff liaisons (plus one support staff for one commission) plus secretarial services to transcribe minutes. Advisory boards & commissions work products During the time period of Jan 1, 2021 through Dec. 31, 2023, based on staff’s tracking, only the Human Rights Commission has weighed in on a policy question from council (regarding the neighborhood funding program). While commissions have produced dozens of work products—many of which have eventually gone to council—those have all been staff driven. Some examples include: Environment and Sustainability Commission: • Letter to Public Utilities Commission on Tariffed On-Bill financing pilot program Parks and Recreation Advisory Commission: • Park dedication approvals Community Technology Advisory Commission: • Feedback on a use-of-force dashboard Police Advisory Commission: • Collaboration with CTAC on data collection for, and development of Police Use of Force Dashboard == Study session meeting of March 25, 2024 (Item No. 2) Title: Boards and commissions purpose and structure Page 18 Appendix B. Policy ques�on decision tree Does council wish boards and commissions to be advisory to council? Does council wish to continue the existing program? Re-engage with existing program Does council wish to establish strategic priority commissions? Establish strategic priority commissions Council must advise staff how to proceed Does council prefer a single strategic board Establish single board wtih strategic priority- based seats Council must advise staff how to proceed Yes No Yes Yes Yes No No No Study session meeting of March 25, 2024 (Item No. 2) Title: Boards and commissions purpose and structure Page 19 Appendix C. Timeline and engagement outcomes Timeline of process to date: Jan. – March 2023: External assessment of the boards and commission program conducted by Transformational Solutions. Current and past board members, staff liaisons, council members and external stakeholders were engaged. June 12, 2023: Transformational Solutions presented its report and findings from the assessment. The report recommended first establishing the purpose of boards and commissions as a whole and aligning this programming with the regular decision-making processes of the city. June 26, 2023: Council discussed initial ideas for the purpose of the board and commissions program at a study session, the following themes were identified: give members a rewarding experience; use the program as a way to connect with community; center race, equity, and inclusion; integrate and listen to community perspective; build and strengthen public trust; and ensure they have real influence in decision-making. June – September 2023: Staff continued to conduct engagement with stakeholders. The goal of the community engagement phase was to define a clear purpose for the program following the top recommendation of the consultants. Staff had secondary goals of reducing barriers to participation in the program generally and aligning the program with the organizational policy process of the city. Engagement included a wide variety of stakeholders who would be impacted by this decision, including current board members, city elected officials, staff liaisons, city leadership and other community members. Oct. 2, 2023: Staff presented a proposed program purpose and recommended structure during a city council study session. The recommended program purpose was “to support community- informed decision making and develop leaders in St. Louis Park.” The recommended structure was a single strategic board made up of approximately 25 community members. Members from this large body would participate in smaller, project and topic-based groups throughout the year in alignment with topics brought forward through the special study sessions systems approach. Council requested more discussion and additional engagement with stakeholders before making a final decision. Nov. 21, 2023: Council, board and commission members and members of the public participated in a facilitated conversation to discuss the proposed staff recommendation. The summary of input provided is attached to this report. March 4, 2023: Council participated in a facilitated workshop to discuss possible options for the boards and commissions program. The summary of the discussion and unofficial meeting minutes from this workshop are attached to this report. Engagement themes and outcomes: There has been multiple engagement touchpoints throughout this process. The following are the themes and outcomes from each engagement process Study session meeting of March 25, 2024 (Item No. 2) Title: Boards and commissions purpose and structure Page 20 Stakeholder engagement from June-Sept . 2023: After an analysis of the comments received during the engagement process, the following common themes were identified across multiple stakeholder groups: • Influence policy and have a meaningful impact: Stakeholders shared that they want their input to be thoughtfully considered and want to see how their input is used in the policy process. Participants identified instances where this occurred and mentioned that they felt like their time spent on those topics was useful and meaningful. • Leadership development: Boards and commissions serve as a leadership development opportunity to participants and members stressed the importance of keeping this as an aspect of the new program and a desire to make this even stronger. • Connection to strategic priorities: Participants discussed the importance of a connection between a commission’s work and the city’s strategic priorities. • Cross-topic collaboration: Stakeholders shared that overlap in topic areas and working across topics more collaboratively positively impacts the quality and utility of input. • Address barriers to participation: Barriers identified included the formality of parliamentary procedures, the need to commit to monthly meetings for a long period of time, lack of flexibility in options for participation, no compensation for time, lack of childcare options and meetings held in the evenings during mealtimes. Nov. 21, 2023 conversation with council On Nov. 21st a facilitated conversation between board and commission members, members of the public and council was held. The following are the major points of feedback received. • Challenges to the proposed structure: lack of clarity, loss of specialized expertise, perceived devaluing of current members, concerns around meeting effectiveness with large board, limited leadership development opportunities and representation, staff as perceived firewall. • Opportunities in the proposed structure: cross-topic collaboration, highly flexible structure, streamlined communication and collaboration, community empowerment and impact. March 4, 2024 council workshop The council participated in a workshop on March 4, 2024, that was facilitated by an external consultant in order for council to be able to discuss the staff recommendation, potential options and how much change they were comfortable with. The following is a summary of the conversation: • Proposed structure evaluation: Council members expressed mixed feelings about the proposed new structure after reviewing stakeholder feedback. While some saw potential for improvement, others expressed disappointment and concerns over reduced community involvement and a concern that existing successful efforts have not been explored deeply enough. Some council members expressed interest in exploring a model that re-aligned the purpose of the five advisory boards to the five strategic priorities. • Comfort with change: Council members were open to change but preferred an incremental approach. Collaboration, community buy-in, and ongoing feedback were emphasized as important themes and next steps. Study session meeting of March 25, 2024 (Item No. 2) Title: Boards and commissions purpose and structure Page 21 • Impact of no changes: Concerns were raised about traditionally underrepresented groups being left out if no changes were made to the existing structure. Innovative solutions and increased community outreach were deemed necessary. • Time commitment: While council members desired increased connection with boards and commissions, personal and professional constraints limited their availability. Suggestions including board liaisons and increased presentation opportunities were received by council members with mixed enthusiasm. • Community-friendly process: Council members agree that they desire a more community friendly process, perhaps through looser regulations around open meeting law barriers, but this desire seemed at odds with later workflow considerations. While parliamentary procedures were seen as a challenge to community participation, council members also noted they were useful to learn. • Workflow considerations: Various perspectives were offered on how workflow to boards and commissions should function. Suggestions included a systems approach, role clarification, and improved orientation programs. Resistance to a reporting structure to staff seemed evident, although several members of the council acknowledged that staff ultimately provide the bulk of the work direction. Study session meeting of March 25, 2024 (Item No. 2) Title: Boards and commissions purpose and structure Page 22 Cheyenne Bradeen From: Sent: To: Subject: Lynette Dumalag Friday, March 1, 2024 7:34 AM ; Kim Keller; Cindy Walsh; Cheyenne Bradeen Re: Boards & Commissions Thanks, Nancy. I've copied staff on this email so it is noted. Lynette From: Sent: Thursday, February 29, 2024 5:41 PM To: Lynette Dumalag <LDumalag@stlouisparkmn.gov> Subject: Fw: Boards & Commissions CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. From: To: nmo ame @st ouispar mn.gov <nmo ame @st ouisparkmn.gov>; yfarris@stlouisparkmn.gov <yfarris@stlouisparkmn.gov>; pbauduin@stlouisparkmn.gov <pbauduin@stlouisparkmn.gov>; Marg Rog <mrog@stlouisparkmn.gov>; idumalag@stlouisparkmn.gov <idumalag@stlouisparkmn.gov>; sbudd@stlouisparkmn.gov <sbudd@stlouisparkmn.gov>; tbrausen@stlouisparkmn.gov <tbrausen@stlouisparkmn.gov> Sent: Thursday, February 29, 2024 at 05:30:47 PM CST Subject: Boards & Commissions Mayor and Councilmembers, On June 12, 2023, consultants from Transformational Solutions presented results of their extensive study of Boards and Commissions in St. Louis Park. The presentation began with some questions and a statement of study approaches, then stated the most important conclusions of the study. TOPLINE MESSAGES There are great building blocks in place. St. Louis Park has the potential to stand out as a leader in this kind of engagement. Many cities are taking a look at their Boards and Commissions for much the same reasons as St. Louis Park -wanting to update, ensure relevance, be responsive to new demographic & community trends. The program has evolved over many years as have Community needs. Adjustments to the program can realign goals & priorities to more accurately re flect current strategic priorities. The themes, implications and recommendations are things to be worked through over time, not decided on today or all at once. (emphasis added) The 3-page staff Executive Summary & Discussion of the study for this June 12 meeting omitted mention of this summary conclusion, as have all other staff writings about the study, including the SLP web page for the Boards and Commissions project. Subsequent sections of the Consultants' presentation discussed concerns and conditions which the consultants evaluated in their project. THEMES were derived from interviews with Commissioners and other stakeholders. IMPLICATIONS of the Themes include needs for resources, clarity of purpose and improved communication. RECOMMENDATIONS 1 Study session meeting of March 25, 2024 (Item No. 2) Title: Boards and commissions purpose and structure Page 23 Focus on Purpose What is the purpose of citizen engagement? What is the purpose of Boards & Commissions? What is the purpose of each Board or Commission? How can a B&C program feel cohesive? Design Supports that Match Purpose {Form Follows Function) In addition, the City should develop a set of considerations that guide their decisions about creating, combining, sunsetting or changing the purposes of all the Commissions on a regular basis. On June 26, staff presented their work on the Boards and Commissions project. Executive Summary -Purpose and Next Steps -Summary "On June 12, 2023, the city council reviewed a report on the current state of the board and commission program. The report recommended that the Council adopt a clear overall purpose for the program and establish a structure that aligns with the City's strategic priorities." Staff proposals seem to reflect a very selective filtering of the consultants' advice, which reduces the validity of their recommendations as a basis for Council decision-making. Boards and Commissions have varying purposes, varying levels of expertise and differing levels of support and collaboration with staff. Currently, three Commissions -Human Rights, Environment and Sustainability, and the Housing Authority -each support one of the Strategic Priorities. Strengthening each Commission is a manifestation of Community Engagement, a fourth priority. Other Commissions contribute to specific city services. Commissioners' specialized expertise and community-based views have led to initiatives such as the Climate Action Plan, improved Community Technology developments, police policies and more. Commissions are a productive component of our self-government that should be protected from casual reduction and limitations. If Council elects to pursue an evolutionary approach to updating Boards & Commissions by reviewing their purposes and providing support for their work, as the Consultants advise, some small changes may yield significant progress toward greater integration of boards and commissions into City processes. Possible support steps might include Provide Council & Commission agendas and minutes to all Commissioners. Unsubscribing is easily done for those that are not useful. Resolve conflicts of meeting schedules. The Planning, Environment, and Police Advisory Commissions all meet on the 1st Wednesday of each month. Provide member information packets (or online guides) similar to new Council Member information. Provide City Managers' communication about future Council topics. Friday night is too late for additional data gathering. Provide legal counsel to Commissions to clarify meetings and task force law. Evaluate funding for conferences or consultants. Thank you for your work to enhance Boards and Commissions in St. Louis Park. Nancy Rose 2 Study session meeting of March 25, 2024 (Item No. 2) Title: Boards and commissions purpose and structure Page 24 Cheyenne Bradeen From: Sent: To: Cc: Subject: Thursday, December 21, 2023 7:37 AM Cheyenne Brodeen; Melissa Kennedy Kim Keller; Cindy Walsh Fwd: abolishing boards and commissions?? CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. for the files ----------Forwarded message --------­ From: Susan Sanger Date: Mon, Dec 18, 2023 at 10:02 AM Subject: abolishing boards and commissions?? To: Margaret Ro <nmohamed@stlouisparkmn.gov> Hello all- Seriously?? The Council is contemplating abolishing non-statutory boards and commissions? This is not a good idea and is totally contrary to SLP's long-standing commitment to promoting citizen engagement in city affairs. The clear message to the community will be: "the city doesn't want your input". In addition, it eliminates a source of resident expertise that can inform and improve city-decision-making, and a source of city "ambassadors" to other community residents. Since surveys have shown that board and commission members want to do more to help the city, I suggest instead that you take them at their word and assign them greater responsibilities. Sue Sanger Margaret Rog (she/her) Nonprofit Development Professional 1 Study session meeting of March 25, 2024 (Item No. 2) Title: Boards and commissions purpose and structure Page 25 Cheyenne Bradeen From: Sent: To: Cc: Subject: Get Outlook for iOS From: Julia Fredrickson Margaret Rog Monday, December 18, 2023 6:19 AM Cheyenne Bradeen; Melissa Kennedy Kim Keller Fwd: Boards Sent: Monday, December 18, 2023 12:15:58 AM To: Margaret Rog <MRog@stlouisparkmn.gov> Subject: Boards CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. I believe the various boards should not be combined, as I am concerned about having decision making concentrated in the hands of a few. I also think that if a smaller group of people are sitting on a combined board it's likely that certain topics will get more attention while others get lost over time. Since the objective is to add more diversity, I believe the city will benefit from getting multiple perspectives shared by a broader group of people. Boards provide an avenue for residents to dip their toes into governance without making an enormous initial commitment. It helps them learn more about the complexities of specific topics they are passionate about and lets them exchange information with a broader group of others within our community (not just the contacts of the smaller group). Some of those who take this initial step may end up being city leaders over time and their board experience will bring long-term context to the decisions made over time. Conversely, if there are fewer contributors making board decisions, when one or more people leave those posts there will be larger gaps. Sent from my iPhone 1 Study session meeting of March 25, 2024 (Item No. 2) Title: Boards and commissions purpose and structure Page 26 Cheyenne Bradeen From: Sent: To: Subject: Sue Budd Friday, December 15, 2023 8:56 AM Kim Keller; Melissa Kennedy; Cheyenne Brodeen FW: St. Louis Park commission restructuring Below is another angle to consider -the new group, while mai ntaining some of the current commissions. Isabel said it was fine to share this, so please add it to the repository of public feedback we are getting. Thanks, Sue Budd City Council Ward 3 St. Louis Park 952-928-1460 sbudd@st louisparkmn.gov From: Isabel Anderson < Date: Wednesday, December 13, 2023 at 8:09 PM To: Sue Budd <SBudd@stlouisparkmn.gov> Subject: St. Louis Park commission restructuring CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Hi Councilmember Budd, I hope you are well! We met at at Cheryl Youakim's fundraiser to refresh your memory. I am emailing you because I've been following the city of St. Louis Park restructuring its' commission program. A lot of what city staff proposed seems like an awesome and welcome change from what's currently being done-such as having task forces\. I would however caution against moving to one strategic board for a couple reasons. The primary reason would be the optics of eliminating the human rights commission and police advisory commission. A little backstory, I worked on several campaigns in Plymouth in 2020 and 2022. The city got rid of its' human rights commission about 10 years ago. That's something that people up there still talk about to this day, in particular from their more progressive residents. There was quite a bit of backlash because of how poor the optics were. The task force idea is great, but in my opinion can also be done with the current commissions. I know you're already skeptical of changing over to one strategic board, but I thought this was something that warrants consideration. Hope you are having a great December! Best, Isabel Ward 3-the best ward in SLP :) 1 Study session meeting of March 25, 2024 (Item No. 2) Title: Boards and commissions purpose and structure Page 27 Cheyenne Bradeen From: Sent: To: Cc: Subject: Sonya Rippe Monday, December 11, 2023 6:42 PM Cheyenne Bradeen; Jason West Cindy Walsh Attachments: Fw: SLP Boards & Commissions 231212 Bs&Cs portion only.pdf CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. I received this email tonight and wanted to share with city staff. Thanks. Regards, Sonya Rippe From: Jay Jaffee Sent: Monday, De To: Sonya Rippe Bruce Cantor, ; David Yakes Subject: Fwd: SLP Boards & Commissions In case you didn't get this. I am in agreement with his view as you all probably know. Jay Begin forwarded message: From: Thom Miller Subject: SLP Boards & Commissions Date: December 11, 2023 at 16:22:36 CST To: Thom Miller Reply-To: Good afternoon, For those of you who don't know me, I'm a former city council member here in the Park and am now on the Housing Authority Board. This email is concerning the current plan by the city staff to eliminate the boards and commission structure and replace it with another body. I've selected those receiving this email simply based on feedback, or know you from my work on the council. I realize this is a completely unsolicited email. Feel free to pass this on to others if appropriate. I won't be continuing to send any more updates unless you choose to respond. I so appreciate our city council examining our city's Boards and Commissions structure. It's a topic that is long overdue for consideration. To the council and staff's credit, they worked very hard to solicit feedback from our B&C members on their observations about the current structure. I could flood you 1 Study session meeting of March 25, 2024 (Item No. 2) Title: Boards and commissions purpose and structure Page 28 with all kinds of consultants' resulting reports, they are available on the city's website, or if you would like, I can email them to you. But the recap is that, in general, while the participants greatly enjoy their work, they feel they could do more. There is a lack of understanding about the role that Bs&Cs play in our public policy. I whole-heartedly agree. The consultants and staff are recommending the elimination of the Bs&Cs to be replaced by a greater "communi ty sounding board" if you will, (my words, not the staffs'). No doubt there would be benefits to some type of structure like this, but I'm greatly concerned that dissolving our boards, a key way in which our community engages with public policy, is not best for our city. I simply urge you to reach out to others in the community to inform them of these plans and to contact your city council member to voice your concerns, either in support of the plan, or not. A written report on this topic is included in this evening's agenda for the council (attached). To be clear, the council WILL NOT be discussing the topic this evening. That will happen after the new year. But if my time in office taught me one thing ... once local public policy starts rolling, it is very hard to stop. I encourage you to participate. Thank you! 2 Study session meeting of March 25, 2024 (Item No. 2) Title: Boards and commissions purpose and structure Page 29 Cheyenne Bradeen From: Kim Keller Sent: Monday, December 4, 2023 5:15 PM To: Subject: Margaret Rog; Cheyenne Brodeen; Melissa Kennedy; Amanda Scott-Lerdal RE: Boards This is helpful -thank you Kim Keller City Manager I City of St. Louis Park Office: 952.924.2526 From: Margaret Rog <MRog@stlouisparkmn.gov> Sent: Monday, December 4, 2023 2:42 PM To: Cheyenne Brodeen <CBrodeen@stlouisparkmn.gov>; Melissa Kennedy <MKennedy@stlouisparkmn.gov>; Kim Keller <KKeller@stlouisparkmn.gov>; Amanda Scott-Lerdal <AScottLerdal@stlouisparkmn.gov> Subject: Fw: Boards Forwarding with permission. Not sure this is the right group to forward to? Margaret Rog (she/her) Council Member -Ward 1 From: Jay Jaffee Sent: Sunday, December 3, 2023 9:08 PM To: Margaret Rog <MRog@stlouisparkmn.gov> Subject: Boards CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Council Member Rog, As you may or may not know, I have been serving on the Park and Rec Commissi on since last year and I have really enjoyed it. I have also attended the focus group and then the meeting two weeks ago where city staff discussed their proposal and asked for input on it. In addition city staff attended the November PRAC meeting sharing their proposal and asking for input. I spoke up then and I want you to know my thoughts. I understand what they are trying to do and it makes sense for some of the commissions. However, I believe the PRAC is unique in that we are constantly meeting with activity 1 Study session meeting of March 25, 2024 (Item No. 2) Title: Boards and commissions purpose and structure Page 30 2 presidents/representatives to learn about their plans and their needs. Additionally, twice a year we bring together the presidents to further discuss their issues and help them find ways to address these issues as they are often the same and the solution may well be something city staff can do that helps them all. For example a common concern we hear is the difficulty the various activities have reaching out to certain groups, especially if they are new residents both to SLP as well as the country. We have brainstormed potential solutions that the city can implement to improve those communications and then participation among the youth in those populations. The ongoing nature of our contact with the various sports and activities really seems to require a consistent and ongoing group to address their issues. I don’t think the “amoeba” plan described by city staff is going to be able to address that need. These are my thoughts, I am not speaking for the PRAC or anyone else. Thanks for your attention, Jay Study session meeting of March 25, 2024 (Item No. 2) Title: Boards and commissions purpose and structure Page 31 Cheyenne Bradeen From: Sent: To: Cc: Subject: Tim Brausen Monday, November 27, 2023 3:50 PM Taylor Williams Kim Keller; Cindy Walsh; Cheyenne Brodeen Re: Boards and Commissions Restructure Thank you for this email, and your service on the Police Advisory Commission. Our city is enhanced by an active citizenry willing to share their opinions and concerns with their elected officials, along with our public servants. By copy of this response I am sharing your email with city staff so that we have a complete record to assist us all in making decisions about this proposed restructuring. Though I haven't determined how I will be voting on the restructuring proposal, I must note that many of our commissions and boards are having difficulty keeping members, including the PAC which has three open seats at this time. A continuing issue for the city has been finding enough youth members for our commissions and boards (though we adults value youth input, the youth seem less inclined to participate, possibly due to the time commitment involved.) Our proposed restructuring is a response to these realities. We're committed to studying this matter thoroughly and making a determination how to proceed in the future. As always, we'll try to do the best for our community and residents. Regards, Tim Tim Brausen St. Louis Park Ward 4 City Council Member On Nov 21, 2023, at 3:41 PM, Taylor Williams CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Hello Councilmember Brausen, My name is Taylor Williams, and I live in Ward 4. I wanted to email you with my concerns regarding the proposed boards and commissions restructuring. First, regardless of which structure the city ultimately decides to pursue, I would like you to consider ensuring the Police Advisory Commission is not disbanded or rolled into the proposed Single Strategic Board. As a current member of the Police Advisory Commission, I know the commission has played a pivotal role in our community advocating for transparency between our police department and the community. I believe it's critical for our city with a community policing model, at this time when society is broadly reckoning with the role of policing, that our city has a commission that can act as a conduit between the community and the police department. Second, I believe our city needs to give more voi ce to our youth, empower our youth, and give them additional opportunities to shape our community. I was hoping we would come out of this process with a Youth Commission/Board made up entirely of Youth appointees, and I am disappointed that not only is this not in the proposal, but that we're actually reducing the number of youth that can participate in our 1 Study session meeting of March 25, 2024 (Item No. 2) Title: Boards and commissions purpose and structure Page 32 city government. I also have concerns that 5 youth members in a room of 25 adults will not have a real opportunity to be heard. Lastly, I am concerned about the proposal for the Single Strategic Board as a whole: - I believe one of St Louis Park's greatest strengths is its capacity to build public leaders. The current plan cuts our roster of potential leaders significantly. Our commission alone currently has 12 seats. The new board, that would repl ace a handful of commissions, would only have 25 total. - I worry the quality of discussion will be greatly diminished. A productive meeting where all 25 members feel as though they had a chance to be heard seems unlikely -if not extremely unfair and intimidating for those with social anxiety or even just those who don't dominate discussion. -One of the greatest benefits to serving on a city board/commission is the depth of expertise you can gain relating to the Commission's specific function. Without this granular and critical information, I believe a Commissioners' ability to best serve the community will be hampered -and the community will lose out on critical conduits for valuable knowledge. Thank you for your time, and considering this important issue. I ask you to reject staff's current proposal, consider the inherent value to the community and the potential for inclusivity of current Commissions, and explore ways to retain and empower those Commissions. Thank you, Taylor Williams 2 Study session meeting of March 25, 2024 (Item No. 2) Title: Boards and commissions purpose and structure Page 33 Cheyenne Bradeen From: Sue Budd Sent: Tuesday, November 21, 2023 12:35 PM To: Subject: Kim Keller; Melissa Kennedy; Cheyenne Brodeen FW: Please don't disband board and commissions Forwarding another email I received, in case Sasha did not also send this to city staff. See below. Sue Budd City Council Ward 3 St. Louis Park 952-928-1460 sbudd@stlouisparkmn.gov From: Sasha Shahidi Date: Sunday, November 19, 2023 at 8:15 PM To: Sue Budd <SBudd@stlouisparkmn.gov> Subject: Please don't disband board and commissions CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Hello Councilmember Budd, First, I want to thank you for attending ESC meetings multiple times recently and taking a true interest in our work/ relationship with Council! I am writing as a resident of St. Louis Park and a Commissioner on the Environment and Sustainability Commission. I implore you not to dismantle the boards and commissions structure in St. Louis Park at this time. •After being involved in multiple discussions and listening sessions with city staff, fellow commissioners, and other community members, I do not think there is a fully fleshed out or useful alternative now. •Getting rid of the boards and commissions without a strong alternative is hasty and would risk losing incredible and dedicated volunteers permanently, meaning dozens (if not hundreds) of collected years of valuable experti se and knowledge. It would also mean a lost connection between the city and residents on important issues addressed by the ESC that affect all of us (climate resiliency, sustainable long-term planning, environmental justice, etc.). •While I understand there have been problems with some city commissions over the years (lack of direct connection between commissions and City Council, lack of support/resources for some commissions, unclear connection between some commissions and city strategic priorities, inconvenient meeting models, etc.), I don't think dissolving all commissions for issues within some of them makes sense. •City staff's recommendation to create one citizen body does not seem to address the original problems that lead to this restructuring idea. I think there might be space for a citizen body of this nature in addition to certain boards and commissions but not instead of them. •There might be other ways to restructure while allowing certain boards and commissions to continue doing their great work and address some of the original concerns. 1 Study session meeting of March 25, 2024 (Item No. 2) Title: Boards and commissions purpose and structure Page 34 2 I encourage you to take more time to consider this issue and look for ways to address concerns with the current structure, perhaps with less drastic changes, and not sacrifice the many benefits that boards and commissions bring to the city. Thank you, Sasha Shahidi Study session meeting of March 25, 2024 (Item No. 2) Title: Boards and commissions purpose and structure Page 35 Cheyenne Bradeen From: Margaret Rog Sent: Monday, November 20, 2023 9:01 PM To: Kim Keller; Cheyenne Bradeen; Cindy Walsh Subject: Fw: Please don't disband board and commissions Hi there, forwarding in case you haven't also received. Thanks. MR Margaret Rog (she/her) Council Member -Ward 1 mrog@stlouisparkmn.go V (612) 928-1447 (0}(612) 590-1806 (c) From: Sasha Shahidi Sent: Sunday, November 19, 2023 8:17 PM To: Margaret Rog <MRog@stlouisparkmn.gov> Subject: Please don't disband board and commissions CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Hello Councilmember Rog, I am writing as a resident of St. Louis Park and a Commissioner on the Environment and Sustainability Commission. I implore you not to dismantle the boards and commissions structure in St. Louis Park at this time. •After being involved in multiple discussions and listening sessions with city staff, fellow commissioners, and other community members, I do not think there is a fully fleshed out or useful alternative now. •Getting rid of the boards and commissions without a strong alternative is hasty and would risk losing incredible and dedicated volunteers permanently, meaning dozens (if not hundreds) of collected years of valuable expertise and knowledge. It would also mean a lost connection between the city and residents on important issues addressed by the ESC that affect all of us (climate resiliency, sustainable long-term planning, environmental justice, etc.). •While I understand there have been problems with some city commissions over the years (lack of direct connection between commissions and City Council, lack of support/resources for some commissions, unclear connection between some commissions and city strategic priorities, inconvenient meeting models, etc.), I don't think dissolving all commissions for issues within some of them makes sense. 1 Study session meeting of March 25, 2024 (Item No. 2) Title: Boards and commissions purpose and structure Page 36 •City staff's recommendation to create one citizen body does not seem to address the original problems that lead to this restructuring idea. I think there might be space for a citizen body of this nature in addition to certain boards and commissions but not instead of them. •There might be other ways to restructure while allowing certain boards and commissions to continue doing their great work and address some of the original concerns. I encourage you to take more time to consider this issue and look for ways to address concerns with the current structure, perhaps with less drastic changes, and not sacrifice the many benefits that boards and commissions bring to the city. Thank you, Sasha Shahidi 2 Study session meeting of March 25, 2024 (Item No. 2) Title: Boards and commissions purpose and structure Page 37 Cheyenne Bradeen From: Sent: To: Cc: Subject: Tim Brausen Monday, November 20, 2023 6:47 PM Sasha Shahidi Kim Keller; Cindy Walsh; Cheyenne Brodeen; Melissa Kennedy Re: Please don't disband board and commissions Thank you for this email. By copy of this response I am sharing your email with City staff so that we have a complete public record as we make this decision. At this time I haven't made up my mind on the matter, and will continue to listen to the public including our commission and board members. As always, we'll try to do the best for our residents. Regards, Tim Tim Brausen St. Louis Park Ward 4 City Council Member On Nov 19, 2023, at 8:16 PM, Sasha Shahidi wrote: CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Hello Councilmember Brausen, I am writing as a resident of St. Louis Park and a Commissioner on the Environment and Sustainability Commission. I implore you not to dismantle the boards and commissions structure in St. Louis Park at this time. •After being involved in multiple discussions and l istening sessions with city staff, fellow commissioners, and other community members, I do not think there is a fully fleshed out or useful alternative now. •Getting rid of the boards and commissions without a strong alternative is hasty and would risk losing incredible and dedicated volunteers permanently, meaning dozens (if not hundreds) of collected years of valuable expertise and knowledge. It would also mean a lost connection between the city and residents on important issues addressed by the ESC that affect all of us (climate resiliency, sustainable long-term planning, environmental justice, etc.). •While I understand there have been problems with some city commissions over the years (lack of direct connection between commissions and City Council, lack of support/resources for some commissions, unclear connection between some commissi ons and city strategic priorities, inconvenient meeting models, etc.), I don't think dissolving all commissions for issues within some of them makes sense. •City staff 's recommendation to create one citizen body does not seem to address the original problems that lead to this restructuring idea. I think there might be space for a citizen body of this nature in addition to certain boards and commissions but not instead of them. •There might be other ways to restructure while allowing certain boards and commissions to continue doing their great work and address some of the original concerns. 1 Study session meeting of March 25, 2024 (Item No. 2) Title: Boards and commissions purpose and structure Page 38 2 I encourage you to take more time to consider this issue and look for ways to address concerns with the current structure, perhaps with less drastic changes, and not sacrifice the many benefits that boards and commissions bring to the city. Thank you, Sasha Shahidi Study session meeting of March 25, 2024 (Item No. 2) Title: Boards and commissions purpose and structure Page 39 Cheyenne Bradeen From: Sasha Shahidi Sent: Sunday, November 19, 2023 8:24 PM Cheyenne Bradeen; Melissa Kennedy To: Subject: Please don't disband board and commissions CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Hello Cheyenne and Melissa, It was recommended that I share with you what I have written to Mayor Spano and the St. Louis Park City Counci !members. Thank you, Sasha I am writing as a resident of St. Louis Park and a Commissioner on the Environment and Sustainability Commission. I implore you not to dismantle the boards and commissions structure in St. Louis Park at this time. •After being involved in multiple discussions and listening sessions with city staff, fellow commissioners, and other community members, I do not think there is a fully fleshed out or useful alternative now. •Getting rid of the boards and commissions without a strong alternative is hasty and would risk losing incredible and dedicated volunteers permanently, meaning dozens (if not hundreds) of collected years of valuable expertise and knowledge. It would also mean a lost connection between the city and residents on important issues addressed by the ESC that affect all of us (climate resiliency, sustainable long-term planning, environmental justice, etc.). •While I understand there have been problems with some city commissions over the years (lack of direct connection between commissions and City Council, lack of support/resources for some commissions, unclear connection between some commissions and city strategic priorities, inconvenient meeting models, etc.), I don't think dissolving all commissions for issues within some of them makes sense. •City staff's recommendation to create one citizen body does not seem to address the original problems that lead to this restructuring idea. I think there might be space for a citizen body of this nature in addition to certain boards and commissions but not instead of them. •There might be other ways to restructure while allowing certain boards and commissions to continue doing their great work and address some of the original concerns. I encourage you to take more time to consider this issue and look for ways to address concerns with the current structure, perhaps with less drastic changes, and not sacrifice the many benefits that boards and commissions bring to the city. Thank you, Sasha Shahidi 1 Study session meeting of March 25, 2024 (Item No. 2) Title: Boards and commissions purpose and structure Page 40 Cheyenne Bradeen From: Melissa Kennedy Sent: To: Wednesday, November 15, 2023 11:07 AM Cheyenne Brodeen Subject: FW: Proposal to Change SLP Commissions FYI.. Melissa Kennedy (she/her/hers) City Clerk I City of St. Louis Park 5005 Minnetonka Blvd., St. Louis Park, MN 55416 Office: 952.928.2840 mkennedy@stlouisparkmn.gov www.stlouisparkmn.gov Experience LIFE in the Park From: Claudia Oxley Sent: Wednesday, November 15, 2023 10:56 AM To: Melissa Kennedy <MKennedy@stlouisparkmn.gov> Subject: Proposal to Change SLP Commissions CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Hello Melissa, My name is Claudia Oxley and I live in Ward 1. I'm writing to express my strong disagreement with a recent staff recommendation to significantly alter the structure of St Louis Park's commissions to a single group that meets a very limited number of times each year. I respect the work of staff and the efforts to understand the barriers to participation and impact to staff time of the current structure.However, I believe the proposal will even further dilute the impact of community participation and the motivation to engage. For me, the motivation to get involved would be directly proportional to the impact I believe I would have on city decision-making. A general group, with a generalized mission who meets infrequently would be completely unappeal ing to me. I don't see the difference between just holding periodic town halls and this approach. Structures of governance do have to periodically be reworked to adapt to new ways of operating and to reduce bureaucracy that just naturally accumulates over time. It's certainly time for change. In my work on non-profit boards and corporate governance, groups I've worked with make very practical changes to reduce barriers to participation. Some examples include: 1) Reducing meeting frequency (quarterly or every other month vs monthly); 2) Zoom calls vs in person meetings; 3) Streamlining the archaic use of Robert's Rules of Orders such that key meeting controls are kept, but the flow is more natural; 4) Reducing the overall number of commissions; 5) Ensuring meeting times are action-oriented and directly related to decision-making impact. I'm sure many of these ideas were identified. Starting with some changes to key groups would allow for an iterative approach in which people could experiment with what works. The proposal feels very "baby out with the bathwater" to me. 1 Study session meeting of March 25, 2024 (Item No. 2) Title: Boards and commissions purpose and structure Page 41 I understand it's significant to reject a staff recommendation, but this one truly undermines civic engagement. I hope you'll reconsi der and reassess the approach to improving the process. IReplyReply allForwar� 2 Study session meeting of March 25, 2024 (Item No. 2) Title: Boards and commissions purpose and structure Page 42 Cheyenne Bradeen From: Sent: To: Cc: Subject: Tim Brausen Thursday, November 9, 2023 1:27 PM Ryan Griffin Kim Keller; Cindy Walsh; Cheyenne Brodeen Re: Boards and Commissions restructure concerns Ryan, thank you for your email. I appreciate hearing from you on this issue. By copy of this response I am sharing your email with City staff so they have a complete record of citizen concerns relating to the structure of boards and commission for the City. I indicated to the staff that I am interested in exploring other set ups for the boards and commissions, including the staff proposal that we are currently looking at. That being said, I am continuing to listen to board and commission members and the opinions of interested community members, as we work to make the system better in assisting Council and staff in making the best possible decisions about our future. I'll continue to do so until we make a decision. As always, we'll try to do what's best for the City and its residents. Regards, Tim Tim Brausen St. Louis Park Ward 4 City Council Member On Nov 8, 2023, at 4:03 PM, Ryan Griffin CAUT ION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Tim, It's been a while, how are you? I'm coming up on 10 years volunteering for the city, and you've been around longer than me, so I think it's safe to say we go way back! Anyway, I wanted to reach out and share my perspective on an important topic and also hear your thoughts. I believe we as a city have a great resource in our current commissions. I can speak specifically on the Environment and Sustainability Commission, which I've been a part of since 2014. What a great experience it's been seeing our Climate Action and Sustainability journey come to life over these years. It's been fantastic to see the ESC be a feeder to Council and State Representative as well. It's certainly helped shift many careers, my own included, toward positions of sustainability and energy leadership. Best of all, we now have expert staff who can hel p us do so much more than we could back then. So with all that accomplished, do we still need a Sustainability Commission? My answer, and the unanimous answer of the ESC is a resounding 'YES!'. In all these years, I have not worked with a more dedicated and professional group of ESC members than the ones we have today. We are a highly talented body of experts waiting to help serve and advise Council. Certainly the Climate Action Plan gives the city structure and guidance, but we on the Commission are in touch with the latest trends, technologies and viewpoints of our community. I fully appreciate that there are a few things that can be improved upon, especially as it relates to our ability to bring in voices that have not yet been represented, and directly engage with Council. Changing the 1 Study session meeting of March 25, 2024 (Item No. 2) Title: Boards and commissions purpose and structure Page 43 commission structure to a singular body, however, will move us the wrong way and greatly diminish the professional resource the city has at its disposal. I am normally an advocate for change, but the change we need now is not a complete overhaul, but rather some simple improvements to how we operate and communicate with our city leaders. Take care, and I'd be happy to discuss further anytime! Sincerely, Ryan Griffin 2 Study session meeting of March 25, 2024 (Item No. 2) Title: Boards and commissions purpose and structure Page 44 Cheyenne Bradeen From: Ryan Griffin Sent: Wednesday, November 8, 2023 4:12 PM To: Subject: Cheyenne Brodeen; Melissa Kennedy; Emily Ziring FW: Boards and Commissions restructure concerns CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Cheyenne, Melissa, Emily: I reached out individually to each Councilmember with my thoughts on the proposed restructure. Didn't want to flood your inbox by cc'ing you on everything, but most of my messages looked something like this. -Ryan From: Ryan Griffin Sent: Wednesday, November 8, 2023 4:02 PM To: Sue Budd <SBudd@stlouisparkmn.gov> Subject: Boards and Commissions restructure concerns Sue, It's been great having you attend a few ESC meetings this year. You're the first Councilmember to do this in many years, and it really goes a long way for us. Having someone there, even just once in a while, helps us know that our voices are being heard. I know you already listened to us directly, but I wanted to pass along my own thoughts, and hear any that you might have. I believe we as a city have a great resource in our current commissions. I can speak specifically on the Environment and Sustainability Commission, which I've been a part of since 2014. What a great experience it's been seeing our Climate Action and Sustainability journey come to life over these years. It's been fantastic to see the ESC be a feeder to Council and State Representative as well. It's certainly helped shift many careers, my own included, toward positions of sustainability and energy leadership. Best of all, we now have expert staff who can help us do so much more than we could back then. So with all that accomplished, do we still need a Sustainability Commission? My answer, and the unanimous answer of the ESC is a resounding 'YES!'. In all these years, I have not worked with a more dedicated and professional group of ESC members than the ones we have today. We are a highly talented body of experts waiting to help serve and advise Council. Certainly the Climate Action Plan gives the city structure and guidance, but we on the Commission are in touch with the latest trends, technologies and viewpoints of our community. I fully appreciate that there are a few things that can be improved upon, especially as it relates to our ability to bring in voices that have not yet been represented, and directly engage with Council. Changing the commission structure to a singular body, however, will move us the wrong way and greatly diminish the professional resource the city has at its disposal. I am normally an advocate for change, but the change we need now is not a complete overhaul, but rather some simple improvements to how we operate and communicate with our city leaders. Take care, and I'd be happy to discuss further anytime! 1 Study session meeting of March 25, 2024 (Item No. 2) Title: Boards and commissions purpose and structure Page 45 Sincerely, Ryan Griffin 2 Study session meeting of March 25, 2024 (Item No. 2) Title: Boards and commissions purpose and structure Page 46 Cheyenne Bradeen From: Sent: To: Cc: Subject: Tim Brausen Friday, October 6, 2023 5:37 PM Marisa Bayer Kim Keller; Cindy Walsh; Melissa Kennedy; Cheyenne Brodeen; Michael Sund Re: Commission and Board Discussion at Oct 2 Meeting Attachments: City council agenda October 2, 2023.pdf; 100223 - 3 -Boards and commissions program update.pdf Ms. Bayer, thanks for reaching out to me on this subject, and I'm sorry it's taken time to respond. I'm open to the new proposal, but do want to hear from the community on this issue. By copy of this email I'm sharing your email with the City Manager and staff, to share your concerns and to make sure the record reflects public input. As a former member of two commissions and a task force, I recognize the value of our commissions and boards; however, I've also seen where the system breaks down in getting community input on issues that matter. A robust discussion about the boards and commissions purposes and processes is merited. We'll be looking at this issue some more before we make any decision. As always, we'll try to do what's best for the City and its residents. Regards, Tim Tim Brausen St. Louis Park Ward 4 City Council Member On Sep 29, 2023, at 10:23 AM, Marisa Bayer CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Councilmember Brausen, I currently serve on the Environment and Sustainab ility Commission (ESC) and am a resident of Ward 4. I understand that the City Council will be reviewing the board and commission structure at a special session on Oct 2 and wanted to share my thoughts with you. I've read the staff recommendations and wanted to share that both as a current commission member and St. Louis Park resident, I am disappointed in their recommendation to dissolve all commissions that aren't statutorily required. The existence of a human rights commission, environmental commission, etc. helps position St. Louis Park with its peers and in some cases, ahead of peer communiti es by elevating voices of its residents on key issues and topics. I agree with the feedback highlighted by the staff report, such as a need to connect to strategic priorities and barriers to participation, but believe that a total dissolution of commissions that aren't required is a decision to avoid addressing these challenges rather than create solutions. It's unfortunate to see that more detail on potential solutions to the current structure challenges weren't provided or investigated (based on the summary report). During our September ESC meeting, our focus group conversation on this topic resulted in what I believed to be different solutions and support for the current structure (such as our 1 Study session meeting of March 25, 2024 (Item No. 2) Title: Boards and commissions purpose and structure Page 47 2 strong staff liaison, clear connection to strategic priorities, and specific events and policies we are engaged on). There may be information that leads to a decision that not all commissions and boards are necessary, but the recommendation to remove those that aren't required in place of a board that rarely meets and is less engaged overall feels short sighted and the path of least resistance. I'd like to encourage you and the other council members to reconsider the staff recommendation. Thank you, Marisa Bayer ---------- Forwarded message --------- From: Melissa Kennedy <MKennedy@stlouisparkmn.gov> Date: Thu, Sep 28, 2023 at 7:52 PM Subject: Boards and commissions program update To: Cc: Emily Ziring <EZiring@stlouisparkmn.gov>, Cheyenne Brodeen <CBrodeen@stlouisparkmn.gov>, Michael Sund <MSund@stlouisparkmn.gov> Dear board and commission members, First, we’d like to thank you for participation in the conversations around boards and commissions and how to make them more impactful to our St. Louis Park community. Your involvement and passion for the community is what makes St. Louis Park such a great place. Second, staff have formulated recommendations for the council to consider related to an overall purpose for boards and commissions and a new proposed structure that aligns with that purpose. This item will be before the council at a special study session on Monday, October 2nd. The agenda and staff report are attached. This item will be discussed immediately following the conclusion of the regular council meeting. While study sessions are open to the public, generally council's practice is to not take public comment at study sessions. Once policy direction is received from the council, staff will hold a feedback session with current members on the program purpose and structure in October. The council will be invited to participate in that conversation and hear directly from current members.  Monday’s conversation is aimed at getting policy direction from the council. The operational aspects of the program design and implementation will occur in the months following. In October, staff will also be visiting each of the five commissions whose work would be most impacted by the new structure to discuss what each group’s current workload is and what transition to the new program looks like. Any questions on the report can be directed to Cheyenne Brodeen, administrative services director, cbrodeen@stlouisparkmn.gov or 952-234-1503. Thank you, Study session meeting of March 25, 2024 (Item No. 2) Title: Boards and commissions purpose and structure Page 48 3 Cheyenne Brodeen, administrative services director Melissa Kennedy, city clerk Michael Sund, elections and civic engagement coordinator -- Marisa Bayer Study session meeting of March 25, 2024 (Item No. 2) Title: Boards and commissions purpose and structure Page 49 January 16, 2024 Dear St. Louis Park City Council and St. Louis Park City Manager, Thank you for investing time and resources into reviewing the role of St. Louis Park commissions and boards. We appreciate the time taken to investigate how we can best improve our system and serve the city. The League of Women Voters is a nonpartisan, grassroots organization working to protect and expand voting rights and ensure everyone is represented in our democracy. We empower voters and defend democracy through advocacy, education, and litigation, at the local, state, and national levels. The League of Women Voters Program consists of positions backed by studies and consensus. The League of Women Voters principle for responsive governments states that "LWV believes that democratic government depends upon the informed and active participation of its citizens." Many of the St. Louis Park commissions and boards align directly with the positions supported by the League of Women Voters Minnesota, “to ensure equality of opportunity in employment, real property, public accommodations, education, and other public services for all persons, including but not limited to supporting administrative enforcement of anti-discrimination laws and the state’s responsibility for and responsiveness to American Indian citizens.” It is our understanding that the recommendation is to replace five advisory commissions consisting of fifty-five members with a twenty-five-member sounding board. While we understand that it is not prudent to have boards or commissions with over-lapping mission statements, we also strongly urge you to consider their positive contributions. Dissolving them will result in losing valuable citizen involvement, input, and collaboration. The current recommendation is to dissolve the following commissions: Police Advisory Commission (13 members) Community Technology Advisory Commission (10 members) Environment & Sustainability Commission (13 members) Human Rights Commission (10 members) Parks & Recreation Advisory Commission (9 members) In addition, the recommendation is to keep the following: Bassett Creek Watershed Management Commission Charter Commission Housing Authority Fire Civil Service Commission Planning Commission Study session meeting of March 25, 2024 (Item No. 2) Title: Boards and commissions purpose and structure Page 50 As you are aware, these entities not only support St. Louis Park elected officials, civic groups, and community leaders in collaborating to develop a long-range plan for the city, they also help find problem- solving solutions related to diversity, public safety, racism, violence, combating climate change, maintaining neighborhoods and so much more. St. Louis Park has a reputation for civic leadership. Over the years, these commissions have nurtured and created leaders in our community, from our newly elected mayor to our representation at the state. St. Louis Park has been made better for the leadership development and opportunities to serve that commission system provides. Many accomplishments have been made by the work of these citizens and their staff liaisons, and we would like to highlight a few: Human Rights Commission - They are vital in our focus for racial equity, and our local league was especially grateful for the Human Rights Commission support of Ranked Choice Voting. Police Advisory Commission - This commission was created to replace the Police Commission, formerly mandated by the State of Minnesota. Its three former commissioners, including our own LWVSLP member Linda Trummer, agreed to the disbandment of the commission with the stipulation that an advisory commission take its place. Knowing that this advisory commission would be considered for dissolvement would have changed decisions made years before. PAC has been an effective tool in the advancement of community-oriented policing in St. Louis Park. Community Technology Advisory Commission – While this commission advises and collaborates with the city council and boards and commissions on the application of technology for the purpose of improving city services and the quality of life for St. Louis Park's citizens, businesses, and visitors, it also plays a key role in prioritizing broadband. Environment & Sustainability Commission – St. Louis Park is a leader in this arena and has been able to do so thanks to the work of this commission in activating our SLP Climate Action Plan. The city now promotes environmental awareness and responsibility in all areas of city business. Parks & Recreation Advisory Commission – This commission was instrumental in creating 'Connect the Park,' improving parks and Westwood Nature Center, and supporting the many programs that serve all ages in St. Louis Park. The League of Women Voters St. Louis Park strongly urges the council to maintain the structure of the commissions and boards. We would be happy to have further conversations with council members, commissioners, and staff regarding our positions. Thank you. Regards, Deb Brinkman Deb Brinkman LWVSLP President Empowering Voters. Defending Democracy. Study session meeting of March 25, 2024 (Item No. 2) Title: Boards and commissions purpose and structure Page 51 Amanda Scott-Lerdal From: Sent: To: Subject: Melissa Kennedy <MKennedy@stlouisparkmn.gov> Thursday, March 7, 2024 10:52 AM Ch eyenne Bradeen Fwd: Please forward to City Council FYI -fo r inclusion in the upcoming staff report. Melissa Ken nedy, MCMC City Clerk City of St. Louis Park 952.928.2840 www.stlouisparkmn.gov/vote From: Sigrid Fink Sent: Thursday, March 7, 2024 9:39:27 AM To: Melissa Kennedy< MKennedy@stlouisparkmn.gov> Subject: Please forward to City Council CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. I am a resident of St. Louis Park and I'm emailing you to ask that you vote against any proposed changes to the existing Commission program/structure. Thank you, Sigrid Finke,1111111111111 Sent from my iPhone Study session meeting of March 25, 2024 (Item No. 2) Title: Boards and commissions purpose and structure Page 52 Amanda Scott-Lerdal From: Sent: To: Margaret Rog <MRog@stlouisparkmn.gov> Friday, March 8, 2024 9:52 PM Cheyenne Bradeen; Kim Keller Subject: Fwd: Commission Revisions Sent from my iPhone Begin forwarded message: From: Carly Butt Date: March 8, 2024 at 3:32:00 PM CST To: Nadia Moham ed <NMoham ed@stlouisparkmn.gov>, Yolanda Farris <yfarris@stloui sparkmn.gov>, Paul Baudhuin <pbaudhuin@stlouisparkmn.gov>, Margaret Rog <MRog@stlouisparkmn.gov>, Lynette Dumalag <LDumalag@stlouisparkmn.gov>, Sue Budd <SBu dd@stlouisparkm n.gov>, Tim Brausen <TBrausen @stlouisparkmn.gov> Subject: Commission Revisions CAUTION: This email originate d from outsi de of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Hello As a St. Louis Park resident, I would li ke to see our existing Commissions kept. I urge you to vote against any proposed elimination of the following Commissions: Police Advisory Commission Parks & Recreation Advisory Commission Human Rights Commissi on Environment & Sustainability Commission Community Techn ology Advisory Commission The concerns prompting staff's proposal can be addressed without eliminating the Commissions mentioned above. I ask that you consider investi gating solutions to mitigate the concerns with existing issues before elimin ating Commissions. Study session meeting of March 25, 2024 (Item No. 2) Title: Boards and commissions purpose and structure Page 53 Amanda Scott-Lerdal From: Sent: To: Marg aret Rog <MRog@stlou isparkmn.gov> Thursday, March 14, 2024 11:55 AM Cheyenne Bradeen; Kim Keller Subject: Fwd: vote against any proposed elimination of existing Commissions Sent from my iPhone Begin forwarded message: From: Sharon Lehrman Date: March 14, 2024 at 11:28:38AM CDT To: Nadia Mohamed <NMoh amed@stlouisparkmn.gov>, Paul Baudhuin <pbaudhuin@stlouisparkmn.gov>, Margaret Rog <MRog@stlouisparkmn.gov>, Lynette Duma lag <LDumalag@stlouisparkmn.gov>, Sue Budd <SBudd@stlouisparkmn.gov>, Tim Brausen <T Brausen@stlouisparkmn.gov>, Yolanda Farris <yfarris@stlouisparkmn.gov> Subject: vote against any proposed elimination of existing Commissions CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear Mayor and Council Members, As a St. Louis Park resident, I would like to see our existing Commissions kept. I urge you to vote against any proposed elimination of existing Commissions. Across the existing Boards & Commissions there are currently 74 Commissioners and 9 Youth Commissioners. Staff's proposal reduces the number of non-statutory Commissioners to approximately 25. It seems unlikely that reducing the number of Commissions, Commissioners, and frequency of meetings would increase community engagement and transparency. I ask that you choose to keep our Police Advisory, Parks & Rec, Human Rights, Environment & Sustainability, and Community Technology Advisory Commissions. Thank you. Study session meeting of March 25, 2024 (Item No. 2) Title: Boards and commissions purpose and structure Page 54 Be the reason someone smiles today! Study session meeting of March 25, 2024 (Item No. 2) Title: Boards and commissions purpose and structure Page 55 On Tuesday, November 21, 2023, an event was held in the City of St. Louis Park in order to provide the opportunity for the city council to hear from board and commissioner members regarding a proposed change to the boards and commissions structure. During the event, facilitators held a feedback activity in which table participants had the opportunity to provide feedback on the proposed structural changes of the City of St. Louis Park boards and commissions. During the small group activity, attendees were asked to share their thoughts on specific question prompts with the city council member(s) that were seated at their table, as well as to write down a summary of their thought(s) on sticky notes. Those sticky notes were collected, compiled, and organized into themes. The raw data of what was written on each sticky note can be found in an attached file, or by clicking here. The following summary provides an analysis of the data collected during the small group activity, including the grouping of data into themes. Opportunities and Positives in the Proposed Structure Cross-Topic Collaboration and Engagement: Opportunities for cross-topic collaboration and increased engagement. Ability to connect across different areas of interest. Flexibility and Inclusivity: The structure is diverse, broad, and flexible. Opportunity for more people to qualify and be involved. Streamlined Communication and Project Creation: Opportunity to streamline communication paths. The ability for the commission to create its own projects, is balanced with city council initiatives. Event Follow-Up & Summary Event Date: Tuesday, November 21st, 2023 Summary Question 1: What are the opportunities, or areas of concern, regarding the new proposed structure? Study session meeting of March 25, 2024 (Item No. 2) Title: Boards and commissions purpose and structure Page 56 Community-Driven Approaches: The ability for the board to propose topics and ideas, ensuring community-driven initiatives. Opportunities for a large group to come together and hear diverse perspectives. Empowerment and Youth Involvement: Concerns about the lack of youth empowerment in the proposed structure. Questions about where youth fit into the new structure. Concerns about the proposed structure Lack of Clarity and Direction: Unclear roles and responsibilities in the new structure. Concerns about undefined aspects and lack of clear direction. Loss of Expertise and Knowledge: Loss of specialized knowledge and experience of volunteers. Concerns about the lack of specific expertise in the new structure. Risk of losing granular expertise and depth of knowledge. Risks of devaluing current board and commission members. Meeting Frequency and Effectiveness: Concerns about the effectiveness of meetings with 25 people. Reduction in engagement points and opportunities for community involvement. Staff Influence and Firewall: Staff as a perceived firewall between council and community. Concerns about giving staff even more influence. Diversity and Representation: Concerns about the potential reduction in diversity and representation. Worries about limiting community engagement and opportunities for public service. Transparency and Accountability Appointment Process: Concerns about transparency in appointments to committees and task forces. Suggestion to make the appointment process more clear and less susceptible to manipulation. Expertise and Representation: Emphasis on requiring expertise among applicants. Calls for diverse representation and a separate forum for youth members. Question 2: What are the tweaks that could be made to the proposed structure that would make you feel better about the proposal? Study session meeting of March 25, 2024 (Item No. 2) Title: Boards and commissions purpose and structure Page 57 Maintaining Trust and Cadence: Desire to retain commissions that are working well and strong. Keeping a certain number of commissions in line with city strategic priorities for trust and comradery. Hybrid Approaches: Support for hybrid approaches, combining certain commissions while keeping others independent. Proposals to maintain the current structure in conjunction with the new strategic board (Hybrid #1 and #2). Communication and Meetings Council Interaction: The need for the board to have a direct line of communication with the city council. Formalizing channels for communication with the council. A call for council to listen directly to commissions at least every three months. Meeting Frequency and Format: Calls for more regular meetings to reserve time for workgroups. Suggestions for a more frequent meeting schedule, shorter meetings, and regular forums to discuss priorities. The advantage of meeting monthly is for a more flexible and manageable schedule. Concerns about the challenges of missing meetings in a quarterly setup. Selection Process Clarity: Emphasis on clarity in the selection process, seeking out multiple profiles or expertise. Concerns about the clarity of the recruitment process for traditionally underrepresented communities. Structure and Changes Size and Structure: Suggestions to have more than 25 people in the new version of the commission. Proposals for structural changes, including retaining current chairs/vice chairs, using members for formal work groups, and keeping advisory roles for council. Targeted Work and Focus: Support for commissions targeted to strategic priorities, especially if moving away from the current structure. Advocacy for more targeted or focused work at the direction of the council. Accountability and Reporting: Suggestions to have the group report directly to the city council, expressing concerns about staff filtering information. Support for more accountability with regular reporting to the city council. Miscellaneous Theme Youth Involvement and Diverse Voices: Recognition of the need for a separate forum for youth members. Encouragement to bring in more diverse voices by engaging with other commissions. Study session meeting of March 25, 2024 (Item No. 2) Title: Boards and commissions purpose and structure Page 58 Positive Aspects of the Proposed Structure Increased Attention to Forgotten Issues: Potential to bring more attention to issues that have been overlooked in the current structure. Staff Involvement and Relationships: Staff involvement in the selection process and engaging with residents. Leveraging staff relationships to increase public involvement. Diversity and Collaboration: Opportunity for a more diverse and integrated approach. Bringing together a diverse group of minds to discuss city initiatives. Working in coalition with other commissions for new projects. Efficiency and Effectiveness: Greater staff involvement leading to increased efficiency and effectiveness. Extra staff person providing more attention to boards and commission work. Unified Entity and Collaboration: A more unified entity as opposed to siloed commissions. Allowing areas with overlapping issues to work together more easily. Impact and Input in City Council: Having a bigger impact/input in city council and having ideas heard. Increased ability to dialogue with and have a closer connection to the council. Engagement and Flexibility: Improved engagement, with people attending fewer meetings since there would only be 2x meetings per year. Increased flexibility to act, with the ability to get things done through subcommittees. Innovations and Resources: Something new for the city with the single strategic board. Possibility for innovations like a citizens academy with a dedicated staff member. Availability of additional resources to support the proposed structure. Cross-Functional Collaboration: Encouraging cross-functional collaboration within a diverse group. Feedback Loop and Administrative Ease: Possibly a better feedback loop with sharing of information among diverse audiences. Administrative ease from a city staff perspective. Concerns and Criticisms Question 3: What are strengths of the new proposed structure? Study session meeting of March 25, 2024 (Item No. 2) Title: Boards and commissions purpose and structure Page 59 Although this category was supposed to focus on strengths, we saw a theme appear in these comments that were more concerns and criticisms of the proposed proposal. Impact on Community and Power Structure: Concerns about the proposal giving city staff even more power at the expense of community impact. Assertion that there is no strength without direct city council involvement. Resource Utilization: Suggestion to discuss how additional resources could be used to fix the current structure. Park and Rec Perspective: Doubts about the plan benefiting the city, apart from adding more bodies. City Council Involvement: Concerns about staff not being equivalent to the city council in terms of direct involvement. Standardization and Well-Defined Processes: The city should have a well-defined process for involving commissioners. Emphasis on standardized application and award processes. This question was added after a conversation between consultants and city council on what information they felt they still wanted to get. This question made up a variety of questions and really symbolized the city council’s desire to ensure they heard all concerns and ideas before they left. Commissioner Representation Empowerment and Voice: Positive feedback on feeling heard as a youth commissioner. Concerns about not feeling heard and the need for more community input. Diversity and Engagement: Acknowledgment of larger engagement from the community but a concern about the lack of diversity. Recognition of the need for more engagement and diversity in commissions. Expertise and Passion: Recognition of the current system allowing for expertise development and the pursuit of passion topics. Concerns about losing expertise, education, and leadership development opportunities in the proposed structure. Communication and Collaboration Communication Challenges: Acknowledgment of communication challenges between council, staff, and commissions. Desire for better communication, including a feedback loop and understanding council responses. Question 4: General thoughts, current structure thoughts, and do you feel you have been listened to in the process? Study session meeting of March 25, 2024 (Item No. 2) Title: Boards and commissions purpose and structure Page 60 Engagement with City Council: Desire for council to take commission suggestions and more engagement with city council. Lack of engagement and communication with city council as a concern. Collaboration and Connection: Positive aspects of the current structure include joint meetings with other commissions and liaison visits from the council. Recommendations for joint meetings, updates to commission purposes, and better connections with city council. Structure and Flexibility Current Structure Appreciation: Appreciation for the current structure's regular meeting time, history of action, and credibility. Positive aspects of the current structure include the ability to build trust, relationships, and a regular cadence of meetings. Concerns about Staff Recommendations: Surprise and concern about staff recommendations not addressing key issues brought up by consultants. Desire to better understand staff recommendations and explore alternative solutions. Efficiency and Effectiveness: Concerns about the efficiency and effectiveness of the current structure, including challenges in advancing projects through monthly meetings. Acknowledgment of limited staff involvement potentially impacting efficiency and effectiveness. Recruitment and Engagement Recruitment Challenges: Concerns about recruitment and engagement, including limited resources for commissions. Recognition of recruitment and engagement challenges, with a desire for more equity outreach. Vacancies and Community Input: Concerns about vacancies, lack of community input, and feeling unheard. Suggestions to have a wider range of community input in the commission. Improving the System: Recognition of the need to fix the system rather than removing it. Recommendations for improvements, such as cross-pollination between commissions and regular scheduled meetings. Specific Commission Concerns Police Advisory Commission (PAC): Positive feedback on PAC's effectiveness in bringing mandated updates but concerns about losing this in the proposed structure. Recognition of the importance of community oversight for police and concerns about losing PAC's role. Flexibility and Learning Opportunities: Recognition of the learning opportunities as a citizen in the current structure. Study session meeting of March 25, 2024 (Item No. 2) Title: Boards and commissions purpose and structure Page 61 Concerns about limited flexibility for meetings and the need for a Zoom option. Niche Expertise and Topics: Recognition of the valuable niche topical expertise in areas like human rights, policing, tech, sustainability, and parks. Suggestions to match each commission with city strategic priorities. This report was compiled by Chad Henderson, Co-founder & Consultant at Yellow Umbrella Coaching and Consulting. If you have any questions please reach out directly to me at chad@yellowumbrellaconsulting.com. Follow-Up Study session meeting of March 25, 2024 (Item No. 2) Title: Boards and commissions purpose and structure Page 62 Meeting: Study session Meeting date: March 25, 2024 Written report: 3 Executive summary Title: 2024 market value update Recommended action: No action needed. This summary report is provided for informational purposes to update council on the local real estate market dynamics and prepare for the Local Board of Appeal and Equalization process that begins in April. Policy consideration: None at this time. Summary: The assessed market valuation and classification for each property determines their individual tax capacity and thus the overall tax capacity of the community. In addition to fiscal budgeting and property tax implications, the composition of value and trends are important for council to understand as they focus on overall governance of the community. This review is being made to give the council additional information on how the community’s real estate is reacting to the significant evolution of the housing stock (single-family, condo, cooperatives, townhomes, and apartments), market performance trends for commercial- industrial space, thoughts on the current market cycle and the foundation to look forward. Pandemic guidance: This overview is reflective of the assessment as of Jan. 2, 2024 with a reminder that in the equitable sense all adjustments are derived from the preceding year market activity. Events occurring during 2023 have been mixed in terms of real estate values, interest rate impact on the market and the valuation outlook. The St. Louis Park Local Board of Appeal and Equalization convenes its organizational meeting on Monday April 1, 2024 with the follow-up meeting scheduled for April 15, 2024 if necessary. Financial or budget considerations: Not applicable. Strategic priority consideration: Not applicable. Supporting documents: Discussion and following market overview Assessed median value for single-family neighborhoods Sales Residential TA 2024 Condo Townhomes 2024 Prepared by: Cory Bultema, city assessor Reviewed by: Amelia Cruver, finance director Approved by: Kim Keller, city manager Study session meeting of March 25, 2024 (Item No. 3) Page 2 Title: 2024 market value update Discussion Background: Overview of the Minnesota Property Tax System Minnesota law establishes a specific process and timeline for the entire property tax system, including the assessment of property. The system is summarized as follows: 1.All real property is valued annually at fee simple market value and classified according to actual use. The owners are notified of the assessed valuation and classification in March with informal and multiple formal options for discussion and appeal. 2.State law defines how the value is translated into tax capacity annually via class rate structures, programs, exclusions and credits (e.g. blind, disabled, homestead, veteran exclusion, low-income rental, agricultural et al). These refinements are administratively maintained. 3.Budgets for each taxing jurisdiction are set annually. Funding sources include the property tax levy, voter approved market value referendums, bonding, special assessments, user fees, grants and programs in a variety of operational sources which vary among jurisdictions. 4.In Minnesota, property taxes are a levied budget. The property tax budget levied in each jurisdiction is divided by the total tax capacity of that unique area (e.g. city, county, school district, met council et al). The result is the respective total levy extension multiplier (rate). The multipliers are applied to each individual property in calculating the property taxes in the year following the assessment and setting of the budget. It is essential to understand that the property tax “rate” is simply a math equation and not a full reflection of all revenue sources, tax base composition, service level, efficiency or performance. The assessing function deals primarily with the first step and portions of the second, while our work is such that we often explain the basic system outline to taxpayers/owners. As noted above, the process begins with measurement of market activity as staff renders an opinion of market value and classification annually for 17,000+ parcels in St. Louis Park as of Jan. 2 each year. The assessment must comply with standards established by the Minnesota Department of Revenue, Minnesota law and with review/approval by the Hennepin County Assessor’s Office. Market value is defined in Minnesota Statute 272.03 subd 8 as “the usual selling price at the place where the property to which the term is applied shall be at the time of assessment; being the price which could be obtained at a private sale or an auction sale, if it is determined by the assessor that the price from the auction sale represents an arm's-length transaction. The price obtained at a forced sale shall not be considered.” Classification of property use is also defined by Minnesota statute. The rationale for this requirement is that the Minnesota property tax system applies differing classification rates in determining how the value is translated into tax capacity. The classification system greatly favors residential property types (single-family, condo, townhome, apartments) versus business Study session meeting of March 25, 2024 (Item No. 3) Page 3 Title: 2024 market value update property types (commercial and industrial). This differential is increased further by specific programs and laws such as fiscal disparities and state-wide levies. The Assessment Process The purpose of the assessment is to annually render an accurate and equitable opinion of market value of each parcel of property. Doing so requires current information about the properties being assessed and the local real estate market. In addition to the economic forces at work, the individual property location, use and physical characteristics play a major role in the valuation. The St. Louis Park Assessing division maintains a record of every property in the city including its size, location, physical characteristics and condition. As there are 17,000+ parcels in the city, it is impossible to have complete knowledge of each property, which may or may not sell each year. The Minnesota property tax system therefore requires periodic inspections. The current cycle of inspection is on a five-year rotating schedule (known as the quintile) which may be altered due to physical change of the property due to new construction, renovations, additions and damage. The goal of the periodic and interim inspection process is to assess the characteristics and corresponding market value of each property as closely as possible versus the property’s competitive position. Due to the importance of current and accurate information on the property characteristics and condition, we must have an interior inspection in the last year prior to reviewing for appeals. It is important to know that the assessment process for residential properties in the State of Minnesota is based on mass appraisal. The valuations are modeled by a computer assisted mass appraisal (CAMA) methodology. To summarize, the physical characteristics for each property are maintained in a large database which allows recalibration of the individual valuations based upon the location, style and physical characteristics for each property. While sometimes viewed as a mathematical equation to be manipulated, a truly functional CAMA system allows focused modeling on properties with similar marketability. The purpose of modeling is to fashion a mirror image of market performance based on properties that have sold during the comparison time period (time trended and fact-based modeling). Minnesota requires almost all sales to be recorded in an electronic Certificate of Real Estate Value (e-CRV) data system. The sales information is scrutinized and qualified. Initial clerical screening occurs at the city and county level. The sale information is then frequently augmented with more detail from a variety of professional data services and staff may follow up with direct buyer/seller verifications and re-inspections in cases where we may have imperfect information. Evidence suggesting anything but an arms-length transaction (a forced sale, foreclosure, a sale to a relative, etc.) results in the sales information being excluded from the sale study. This is important as the market information constitutes the measurable database for the statistical comparisons necessary to make the property assessment. Study session meeting of March 25, 2024 (Item No. 3) Page 4 Title: 2024 market value update The mass appraisal process is different from the individual appraisal system used by banks, mortgage companies and others. Mass appraisal is a modeling exercise using groups of sales to review competitively similar groups of properties. The individual appraisal process is comparing one subject property with a limited number of similar competing properties. In the appeal process, assessing staff looks to both the mass valuation and a current individual appraisal analysis for further review. Big Picture of the Residential Market – Realtor Perspective Before discussion of the 2024 assessment, we want to provide a big picture overview from the perspective of Realtors. The broad spectrum of owner based residential real estate is often carried in news media and the industry does comprise a highly significant variable in the local, regional and national economy. The following chart is an aggregate of single-family homes, condos and townhomes from 2015 through 2023 on an annual basis. This provides a comparative reference for St. Louis Park and our immediate neighbors through the last decade. Historic Median Sale Price – Aggregate of Single-Family Homes, Condos and Townhomes 2015 2016 2017 2018 2019 2020 2021 2022 2023 St. Louis Park 239,000 245,000 264,663 287,000 305,000 327,750 340,000 360,000 375,000 Edina 397,000 435,005 460,000 450,000 473,606 520,000 595,000 580,000 600,500 Golden Valley 264,900 290,275 312,750 309,950 343,000 367,450 388,620 425,000 424,000 Hopkins 213,500 215,000 218,650 250,000 259,950 288,000 297,450 315,000 325,000 Minnetonka 300,000 307,350 335,000 347,500 358,250 358,250 437,000 460,000 465,000 Source: Minneapolis Association of Realtors Sales Data (MAAR) In contemplating the historical figures above, the primary owner-based housing options are included. This aggregate price structure gives an interesting overall perspective for each community. The variation from year-to-year depends on which market segment has more sales as well as the volume of sales with new construction/major renovations. The refinement chart below breaks out the dominant options available and their sale performance in the past year. Annual 2023 Market Performance: Sale Volume – Median Sale Price – Days on Market Single-Family Condominiums Townhomes # Median Days on # Median Days on # Median Days on Sales Sale Price Market Sales Sale Price Market Sales Sale Price Market St. Louis Park 478 409,000 11 156 216,150 33 62 270,000 21 Edina 456 819,000 13 214 219,000 27 38 520,000 16 Golden Valley 238 475,750 15 39 195,000 30 31 305,000 21 Hopkins 100 394,600 12 47 137,000 25 41 240,000 16 Minnetonka 413 560,000 14 120 217,500 23 140 348,250 15 Source: Minneapolis Association of Realtors Sales Data (MAAR) Several facts in the above table are notable. First – and often surprising to some - is that our annual transaction volume is generally high in terms of turnover rate. This is due in part to our pricing structure, the mix of housing options available, and the numerical balance between single-family, condo and townhome stock. The most significant fact in the table above, however, is timing of market exposure (Days on Market). All of the local communities are clearly showing extremely short exposure times which has continued over multiple years. The Study session meeting of March 25, 2024 (Item No. 3) Page 5 Title: 2024 market value update move to a seller’s market has been particularly emphasized in recent years from the realtor’s perspective. While prior value appreciation has been predominantly in the lower priced brackets, market activity in 2020 was appreciating throughout the price points, intensified for the upper brackets during 2021 and became somewhat mixed in 2022 and 2023 as interest rates became more significant across the price brackets. How that supply/demand equation is influenced by the general economy, local competition, interest rates and household income is the annual question in setting the assessment. Summary of the St. Louis Park 2024 Assessment Roll The Notice of Valuation and Classification commence mailing in March of each year. Each notice reflects the property value and classification for a two-year period with the format as required by the MN Department of Revenue. As of Jann 2, 2024, the total valuation of the city stands at $9.94 billion; vs $9.71 billion for 2023; vs $9.41 billion for 2022; vs $8.55 billion for 2021 and vs $8.13 billion for 2020. The year-over-year change for assess 2024 is explored below. Assessed Market Value Change for Dominant Sectors (Comparing 2024 to 2023 Assessment) Single-Family Residential + 1.0% Market Basis versus + 1.5% with Improvements Condominium - 1.8% Market Basis versus - 1.8% with Improvements Townhomes - 0.8% Market Basis versus - 0.7% with Improvements Apartments - 0.7% Market Basis versus + 7.5% with Improvements Commercial + 1.2% Market Basis versus + 1.8% with Improvements Industrial + 5.2% Market Basis versus + 5.4% with Improvements St. Louis Park Total + 0.7% Market Basis versus + 2.5% Gross Change Source: St. Louis Park Assessing Office. The “total” line is subject to slight refinement (0.3% to 0.5% generally) as the state assessed rail and utility values are assumed and not available at report writing. Market basis reflects a roughly apple-to-apple comparison of the primary use sectors from one year to the next. This measure is the primary focus of the mass appraisal methodology reflected by review of qualified transactions. There are also nominal shifts associated with use change, divisions/combinations of parcels and changes to exemptions. Gross change reflects the total taxable valuation of the city which includes improvement values arising from new construction, additions, renovations and use repositioning. This metric reflects the full scale of economic activity as assessed and by tax capacity. Improvement values were moderately strong for the 2024 assessment given that we are a largely built-out community. Each of the above categories will be explained at further length in the following summary with a reminder that an assessment is fashioning a mirror image of the market. It has included the traditional sales review, extensive qualification review, on-market listings multiple times per year, income-expense relationships, construction trending and the quintile inspection cycle. We begin our review of the overall residential sector by breaking it down into the three dominant categories: low density (single-family homes); mid-to-high density ownership based (condos and townhomes) and apartment units. The largest factor during the sales study period (10-01-22 through 09-30-23) was interest rates for virtually all property types be they residential, commercial-industrial or apartments. When the Federal Reserve raised their funds Study session meeting of March 25, 2024 (Item No. 3) Page 6 Title: 2024 market value update rate it quickly rippled out into the lending sectors leading to a rapid uptick for virtually all mortgage rates. As can be expected, this cooled the real estate economy. Single Family Homes: Just under one-half of the total housing units are single family homes. For reference, the city’s median market value was at $306,400 for assess 2020, at $330,250 for assess 2021, at $371,800 for assess 2022, leveling off at $373,300 for assess 2023 and modest growth to reach $377,200 for assess 2024. The city of St. Louis Park is broken down into 35 distinct neighborhoods which are configured to local history rather than competitive influences. Of the 32 neighborhoods with single-family properties, the full range of adjustment was -4.8% to +6.2% with six neighborhoods downward, one flat and the other twenty-five moving upward. The majority of market movement was in a range of -3.0% to +3.0% with the lower value brackets more on the lower end of the spectrum while the upper brackets, being slightly less interest rate sensitive, were toward the upper end of the range. This is viewed from the context of a more balanced market following multiple years where the lower end stock was moving upward much more rapidly than the upper brackets. This return to a broader market value range is somewhat of a misnomer, however, as annual appreciation at 12% for the 2022 assessment is not normally viewed as a sustainable or healthy movement. This played out in 2023 with the interest rates being the dominant market driver for the most recent assessment. Condominiums: There are 46 distinct condominium complexes in the community. The complexes are a decidedly diverse stock in terms of structural vintage and structural design format (apartment conversions, row-house, low-rise, high-rise and most everything in between). As noted in prior years, condos tend to be considerably more volatile year-over-year. This is generally due to four major factors: condos have an in-complex sub-market which can swing quickly; the complexes compete locally and more readily with those in nearby cities; perceptions of value differ between the owner-occupant buyer versus the investor/rental buyer; and sale pricing can be affected in a significant manner by association assessments and maintenance. This complexity and variety of market options has continued with the 2024 assessment being relatively strong in the aggregate sense. The city-wide median value was at $171,600 for 2020, at $173,000 for 2021, at $193,500 for 2022, hard shift to $208,800 for 2023 and slight corrections leading to $203,900 for the 2024 assessment. Townhomes: There are 19 distinct complexes in the community. Just under one-half of them are relatively small with fewer than 20 units. The other half are predominantly in the 20-50 unit count bracket with three larger complexes that tend to dominate the aggregate percentage change annually. In general, the market forces at play in this property type are similar to that of condos with price point being a significant point of departure. The higher median unit value is normally a more moderating influence but with the rapid uptick of interest rates this niche of housing options cooled more rapidly for the 2023 and 2024 assessments following very robust appreciation for 2022. The city-wide median market value for this stock advanced from $211,200 in 2020 to $222,100 in 2021, rapid growth to $272,900 in 2022, stabilizing back at $260,700 in 2023 and at $252,200 for the 2024 assessment. Study session meeting of March 25, 2024 (Item No. 3) Page 7 Title: 2024 market value update The following map links are included for your reference: • Qualified single-family sales, color coded price brackets Sales Residential TA 2024.pdf • Assessed median value for single-family neighborhoods 2024 Neighborhood Values • Assessed median value for condos & townhomes by complex Condo Townhomes 2024.pdf Charts follow to provide additional overview for the 2024 assessment and five-year tracking. Page 8 reflects the single-family neighborhoods. Pages 9-10 provides the complex based breakdown of the condos and townhomes. The charts include parcel count reference and shading to denote their quintile inspection schedule. Study session meeting of March 25, 2024 (Item No. 3) Page 8 Title: 2024 market value update a: Median assessed market values – aggregate change including improvement values. b: Localized market driven change – does not include improvement values. Source: Annual compilations by the St. Louis Park Assessing Office. Year of Assessment 2020 2021 2022 2023 2024 St. Louis Park -- Single Family Residential Properties Historical Change of Assessed Market Values (Quintile Cycle) a.Median Assessed Value:306,400 330,250 371,800 373,300 377,200 Parcel 2024 b.City-Wide Static Change:1.3%7.8%12.6%0.4%1.0%Counts Median 1 Shelard Park N/A N/A N/A N/A N/A N/A N/A 2 Kilmer 3.9%6.8%14.3%-2.4%1.4%246 322,300 3 Crestview 2.7%10.7%6.3%3.4%1.5%70 501,250 4 Westwood Hills 2.0%3.7%13.4%9.5%-3.6%292 567,350 5 Cedar Manor -0.7%12.0%13.1%0.3%0.7%578 376,500 6 Northside (x) Willow Park -4.1%7.8%17.7%-1.5%-3.2%303 364,300 7 Pennsylvania Park 9.2%7.8%10.9%6.0%-4.3%306 357,300 8 Eliot -2.2%13.0%12.0%-1.7%0.9%512 338,600 9 Blackstone 8.1%13.9%5.9%3.1%1.5%94 291,250 10 Cedarhurst 3.8%7.0%14.4%5.0%6.1%49 375,800 11 Eliot View 5.1%11.1%9.1%5.7%-2.4%167 355,700 12 Cobblecrest 0.9%7.9%12.0%5.5%-4.8%385 414,000 13 Minnehaha 2.2%4.0%14.7%0.8%6.1%129 525,400 14 Amhurst N/A N/A N/A N/A N/A N/A N/A 15 Aquila 5.0%12.0%15.1%-0.9%0.9%506 323,250 16 Oak Hill 3.5%10.3%10.2%-2.9%4.5%640 344,150 17 Texa Tonka 1.9%5.1%16.9%0.6%0.4%387 325,300 18 Bronx Park 4.3%7.8%10.6%-0.8%2.1%995 345,200 19 Lenox 2.3%10.0%11.6%-3.1%5.5%835 352,300 20 Sorenson 2.0%3.6%13.9%5.2%-2.9%452 367,000 21 Birchwood 2.8%6.7%12.2%0.2%2.3%636 378,550 22 Lake Forest -3.1%3.7%3.9%2.7%1.0%198 698,500 23 Fern Hill 0.9%6.1%12.9%1.9%0.3%964 535,100 24 Triangle 4.5%6.7%17.9%-3.2%0.8%94 339,200 25 Wolfe Park 5.4%6.1%15.8%0.2%1.5%16 367,000 26 Minikada Oaks -1.6%10.2%10.9%4.8%0.0%77 513,000 27 Minikada Vista -2.5%7.9%12.2%-0.3%0.9%799 553,600 28 Browndale 1.7%5.5%9.2%1.3%2.4%551 523,200 29 Brookside -2.9%10.7%16.9%2.0%2.2%329 397,300 30 Brooklawns -0.4%15.5%12.4%-2.5%1.1%151 387,700 31 Elmwood 5.0%3.4%14.3%-3.1%1.1%269 392,100 32 Meadowbrook N/A N/A N/A N/A N/A N/A N/A 33 South Oak Hill 8.2%8.3%9.4%1.2%2.5%291 326,000 34 Westdale -2.8%6.0%9.9%2.6%6.2%106 358,900 35 Creekside 1.3%2.0%16.8%0.8%0.7%171 419,400 Quintile Counts 2,281 2,464 2,923 1358 2561 11,598 Study session meeting of March 25, 2024 (Item No. 3) Page 9 Title: 2024 market value update Year of Assessment 2020 2021 2022 2023 2024 a.Median Assessed Value:171,600 173,000 193,500 208,800 203,900 b.City-Wide Static Change:4.0%0.8%11.8%7.9%-2.3%2024 Code Complex Reference Yr Blt 2020 2021 2022 2023 2024 Units Median MO Monterey Coop 1995 3.3%3.8%5.4%6.6%-3.1%8 115,450 AC Aquila Commons Coop 2006 3.3%0.7%0.0%-1.0%-5.3%106 216,000 33 3300 On The Park 1980 3.6%0.0%15.4%4.9%2.4%128 218,500 35 35th St Condos - Apt Conver 2003 3.3%20.0%16.8%-8.9%-1.9%11 161,800 55 55+ Condos 2006 6.8%6.9%-1.1%-1.0%0.0%60 248,350 BK Brookside Lofts - 4100 Vernon 2006 -2.1%0.0%20.9%9.7%2.1%27 327,700 BK Brookside Lofts - 4132 Vernon 2006 -2.1%0.0%0.0%0.0%0.0%14 N/A BR Bridgewalk - Conversion 1980 2.4%4.9%1.4%14.9%14.9%92 176,600 CA Calhoun Hill 2014-15 3.4%12.2%-7.1%6.6%0.0%7 401,000 CH Coach Homes 1980 10.6%1.5%5.0%13.2%0.1%128 189,600 CS Cedar Trails - (South Condo Twnhme)1977 1.7%2.3%9.2%5.8%3.1%32 246,300 CT Cedar Trails - (North of CLR)1973 3.8%7.4%10.6%3.4%-4.5%280 167,800 CW Cedar Trails - (S-West Condo Twnhme)1977 13.4%0.0%-1.0%25.0%-4.0%48 273,800 EV Elmwood Village 2005 1.7%0.0%7.8%9.0%-4.1%77 380,700 FH Fern Hill 2001 -7.3%-4.8%26.0%4.7%-2.0%30 213,650 GR Greensboro Condos - HIA 1970 22.0%2.8%16.4%-0.7%2.3%164 136,000 HV Harmony Vista (Hoigaards) 2008 6.9%3.9%0.0%6.7%-2.0%74 249,500 IB Inglewood Boutique 2008 -9.3%5.2%5.5%4.5%-2.0%6 378,300 LN Lynn Ave Condos - Apt Conver 2003 5.1%3.9%-1.0%-8.9%-2.0%12 194,500 LY Lynwood Condos 1966 8.1%12.0%5.5%6.7%-2.0%11 221,600 MC Monterey Pl - Apt Convers 2005 -0.1%-3.7%3.7%-0.2%-2.0%30 257,050 MR Murphy Ridge Condo Twnhme - Rental 2006 3.3%3.8%5.4%6.6%-1.9%4 182,500 MW Monterey West - Condo Twnhme Coop 1995 3.3%3.9%5.5%6.7%-2.0%7 260,100 NP Natchez Pl 1987 13.7%-2.6%5.4%20.9%-5.7%27 234,900 OX Oxford Gardens - Apt Convers 2003 3.3%3.9%-4.8%6.5%-1.9%12 104,200 P0 Parkside Urban Lofts - 460 Bldg 2005 1.8%6.1%1.0%15.7%-7.5%24 371,800 P2 Parkside Urban Lofts - 462 Bldg 13-14 -1.1%11.7%2.6%16.1%-7.5%22 360,500 P4 Parkside Urban Lofts - 464 Bldg 14-15-16 8.9%-1.1%4.6%2.0%1.0%22 329,650 PP Pondview Park - Apt Conver 2003 14.0%4.1%0.2%15.2%-1.9%30 174,100 PW Pointe West Condos 2001-03 -2.4%0.0%5.6%14.4%-10.4%86 365,100 S1 Sungate 1 - East of Alabama (North)1978 5.3%-1.1%5.4%15.8%-1.9%20 176,700 S2 Sungate 2 - East of Alabama (South)1979 0.9%1.3%17.1%6.7%-2.0%26 220,100 S3 Sungate 3 - West of Alabama 1979 1.4%0.0%1.7%6.7%-2.0%14 231,400 SR Sunset Ridge - HIA 1981 3.0%3.1%7.1%12.8%-6.2%240 168,300 TF Twin Fountains 1980 1.1%7.2%1.7%5.7%2.8%88 155,500 EL Excelsior Lofts (T Joe Site) 2007 -1.5%2.1%-2.2%6.6%-4.4%86 273,100 St. Louis Park -- Condominium Properties Historical Change of Assessed Market Values Study session meeting of March 25, 2024 (Item No. 3) Page 10 Title: 2024 market value update a: Median assessed market values – aggregate change including improvement values. b: Localized market driven change – does not include improvement values. Source: Annual compilations by the St. Louis Park Assessing Office. GW Grand Way (NE Bldg)2004 5.6% -4.5% 4.0% 9.1% -10.1% 124 355,850 TG The Grand NW @ Excelsior 2007 4.4% 0.0% 3.6% 5.1% 13.7% 96 538,950 VL Village Lofts 2006 6.6% 7.7% 4.1% 1.4% -4.4% 60 236,700 WE Westmoreland - HIA 1980 11.3% 2.1% 7.6% 7.7% 5.5% 72 138,600 WF Wooddale Flats 2014 2.9% -9.1% 9.1% -2.0% 12.3% 33 527,900 WL Wolfe Lake 1972 2.3% 4.3% -2.9% 6.2% 0.5% 131 206,600 WM Westmarke Condos 2007 1.7% 8.1% 2.7% 16.2% 0.0% 64 274,000 WO West Oaks 2007 1.0% 1.2% 3.1% 6.1% -4.1% 75 281,800 WV Westwood Villa - HIA 1971 10.7% 0.0% 4.9% 20.8% -1.6% 66 156,600 WY Wynmoor 1969 3.3% 0.0% 11.0% 2.9% 1.1% 56 145,300 Quintile Counts 693 435 440 587 437 2,830 St. Louis Park -- Townhome Properties Historical Change of Assessed Market Values Year of Assessment 2020 2021 2022 2023 2024 a.Median Assessed Value:211,200 222,100 272,900 260,700 252,200 b.City-Wide Static Change:9.5% 5.2% 22.9% -4.5% -3.3%2024 Code Complex Reference 2020 2021 2022 2023 2024 Units Median BG Brunswick Gables 7.9% 3.0% 14.1% -8.5% -0.2%7 285,000 DB Dan-Bar Rental Twnhme 8.0% 3.0% 14.1% -2.0% -0.3%4 244,700 EW Excelsior Way Rentals 14.0% 5.0% 21.4% -1.9% 6.8% 38 286,700 GR Greensboro - HIA 15.2% 0.5% 9.0% -2.7% 7.5% 96 233,800 HE Hampshire Estates 15.2% -3.0% 16.4% 0.0% -0.2%8 214,500 HH Hampshire House 14.3% 2.9% 11.8% 0.0% 3.8% 13 219,100 LL Lamplighter Park 8.7% -2.2% 14.2% -2.1% -0.3%5 464,100 LA Lohmans Amhurst 7.0% -0.4% 22.9% -4.5% -3.2% 276 248,500 ME Medley Row 11.0% 3.0% 14.2% -2.1% -0.3% 22 377,000 MP Montery Park 2.5% 6.8% 14.9% -2.1% -0.3% 18 467,600 PC Princeton Court 1.8% 3.2% 21.7% 5.9% -8.5% 13 528,200 QC Quentin Court 2.3% 3.0% 14.2% 4.0% -7.5% 10 484,750 SH Shamrock 18.8% 1.4% 15.7% -5.1% -0.3% 16 224,650 SK Skyehill 9.4% -8.1% 14.2% 0.1% 4.6% 31 313,500 SW Sungate West 11.5% -7.6% 21.7% 3.5% -1.4% 48 240,000 VP Victoria Ponds 7.7% 1.1% 17.5% -1.7% -1.7% 72 448,900 WT Westwood 19.2% 4.6% 22.1% -1.3% -4.0% 38 276,100 ZA Zarthan Apt Twnhomes 16.0% 2.3% 15.3% 9.2% -0.3% 18 297,100 ZP Zarthan Park 16.7% 2.9% 3.5% -1.0% -0.3% 16 254,000 Quintile Counts 30 18 276 132 293 749 Study session meeting of March 25, 2024 (Item No. 3) Page 11 Title: 2024 market value update Apartments: This sector is largely driven in the historic sense by tenant supply/demand, the income stream and owner return expectations. This use category has exhibited very robust growth for an extended period of time (effectively increasing total unit counts by 40%+ in the last decade with many more projects under construction and in the pipeline). Thus, we provide a longer historical perspective on market change and improvement values: - For 2014 – market change at + 8.2% and +20.2% with multiple new complexes on-line. - For 2015 – market change at +12.1% and +13.3% for the next phase of new complexes. - For 2016 – market change at +12.0% and +17.8% including new construction. - For 2017 – market change at + 6.4% and + 9.5% including new construction. - For 2018 – market change at + 7.5% and +13.3% including new construction. - For 2019 – market change at + 8.2% and +11.4% including new construction. - For 2020 – market change at +11.4% and +15.2% including new construction. - For 2021 – market change at + 2.3% and + 3.9% including new construction. - For 2022 – market change at + 9.7% and + 13.6% including new construction. - For 2023 – market change at + 2.6% and + 7.0% including new construction. - For 2024 – market change at - 0.7% and + 7.5% including new construction. Looking at the above historical pattern presents a very clear picture of extended market appreciation in conjunction with active renovations and robust new construction. The totals above reflect aggregate value change which includes mixed market change annually for the Class A-B-C stock. The market demand for units is primarily attributed to our location adjacent to the Minneapolis core with proximity to major employers in the west metro as well as cultural and natural amenities. For the 2024 assessment, the market change is down slightly for the existing stock with the primary influence being interest rates and the relationship with capitalization rates (income approach methodology is net income / capitalization rate = valuation). Class A projects have been the primary focus for new construction due to the inter-connected nature of the traditional approaches to valuation: cost to build, income stream and sales. It is important to recognize that Class A and B stock were severely under-built dating back to the mid-1980 to mid-1990 time periods. The new complexes are helping to broaden and diversify the housing stock in that the total unit count is now distributed with approximately 40% Class C stock (typically fewer than three stories, built circa 1960-1975) and 60% Class A and B stock. For reference, the 2024 median unit values for the stock are: Class A at $280,500 and essentially unchanged; Class B stock in a range of $183,000 to $197,500 at an overall change of negative 3.5%; and the median value for the Class C stock is essentially flat at $124,000 per unit. The current assessment reflects the influx of additional units still being absorbed in the market as well as ramifications from interest rate increases. Commercial and Industrial: This sector had exhibited continuous market appreciation and new construction growth for an extended period approaching two decades. The 2021 assessment ended that market appreciation streak due to the pandemic with the general economy limitations continuing into 2022, 2023 and now 2024 assessment. While sectors of this market have come back from the pandemic influence, specific use types have been slower to rebound. Value changes year over year are heavily dependent on how these uses are performing in a Study session meeting of March 25, 2024 (Item No. 3) Page 12 Title: 2024 market value update range of national, regional and immediately local economies. Commercial and industrial properties are valued across jurisdictional boundaries to a significant extent with the specific use dictating the extent of geographic market areas. The overall market adjustment for the 2024 valuation on the commercial properties was 1.8% inclusive of new construction while the market driven adjustment of the existing stock was limited to 1.2% year-over-year. While this group of properties saw an overall gross increase in value, existing valuation movements are very mixed. The two outer edges of market movement are noted as: Class B offices having performance/occupancy issues are coming down in valuation, while the service sectors of restaurants and hotels are moving upward. Many other use niches saw nominal movement in value. This overall commercial sector for the 2024 assessment continues to show a degree of uneven market performance due to the effects of the pandemic on their business which ripples down to their underlying market value in the fee simple sense. It is noted that the economic variables of business value, value-in-use and leased fee may or may not align with fee simple interest which is the required standard for valuation in the MN property tax system. All sub-sectors have been adjusted as closely as possible in relation to market evidence including sales, active usage and leasing. The overall market adjustment for the industrial stock was 5.4%, which was predominantly market-driven with nominal new construction value for the year. In closing, review of these figures brings three observations to mind. The first is that value changes in this use category vary with the general economy – many buildings viewed as functionally obsolete are having an extension of economic life due to construction costs and higher unit values. Whether that use extension beyond economic/physical life will continue is an annual question. Secondly, a significant volume of the current industrial stock is located near the future light rail station areas which are major drivers of use change, demolition, redevelopment plays and interim holding. The two preceding issues bring us to the economic reality of underlying land values. As a mature inner ring suburb – heavily engaged in redevelopment – our land value per square foot can be a limiting factor for industrial users. The reason being that industrial uses are typically land intensive and low-rise while our location and associated land values are effectively a self-reinforcing value premium driven by density. To close, the commercial sector saw overall growth. Segments of this sector saw no movement in value due to the impact of the pandemic still playing out. The industrial market saw overall increases in value due to location, especially those close to the future light rail stations and those that allow for outdoor storage, which is a very rare commodity in the market. Meeting: Study session Meeting date: March 25, 2024 Written report: 4 Executive summary Title: Bulk material containers in the right of way update Recommended action: None at this time. The purpose of this report is to provide the council with a summary of staff recommendations on city code changes that would allow bulk material containers in the right of way under certain conditions. Policy consideration: Does council wish to allow bulk material containers in the right of way under certain conditions? Summary: Since 2003, the city has not permitted bulk material containers to be in the public right of way as part of its solid waste city ordinance. Examples of bulk material containers are roll-off containers, dumpsters, tubs, pods, or soft-sided dumpster bags. The ordinance did not include exceptions or variances allowing staff to waive the requirements due to special circumstances. After receiving feedback that this code does not meet community needs, staff approached city council at the April 2023 study session with the idea of amending the city code to allow bulk material containers to be placed in the right of way. The council was supportive of the changes but was concerned about the type of storage containers allowed in the right of way, public safety, navigating cars around the containers and the duration of time containers would be allowed in the right of way. The council’s direction to staff was to develop reasoning under what conditions the city would allow bulk material containers in the right of way and what requirements would be placed on them if allowed. Financial or budget considerations: The proposed changes to the ordinance that would permit bulk storage containers in the right of way would include establishing a fee to recover city costs. Strategic priority consideration: Not applicable. Supporting documents: Discussion April 10, 2023 study session report Prepared by: Phillip Elkin, engineering services manager Reviewed by: Debra Heiser, engineering director Approved by: Kim Keller, city manager Study session meeting of March 25, 2024 (Item No. 4) Page 2 Title: Bulk material containers in the right of way update Discussion Background: Staff brought this matter to council in April 2023 for consideration because of feedback that the current city code prohibition on bulk material containers in the right of way did not meet community needs. Staff shared that since the code was adopted, there have been numerous instances in which parcels in the city do not have adequate space to place bulk material containers on private land. Based on a discussion with the city attorney, there are no provisions in our city ordinance that would allow this section of the code to be waived. The Zoning Code has provisions to allow for variances; however, the city ordinance does not. During the 2023 discussion, the council provided staff direction that they would support allowing bulk material containers in the right of way under certain circumstances . Based on comments made by the council during the discussion, it was clear that the council was supportive of allowing them when there was no other option, but it was also clear that the containers should be clearly marked, not block traffic and should be on a restricted timeline. The council also shared that only hard-sided structural containers would be considered. With that in mind, engineering staff held meetings with representatives from fire, police, public works, and building and energy to define the conditions under which bulk material containers would be allowed in the right of way and requirements. Present considerations: The most frequent reason cited when contacted by residents for this request is that yards are too small or too steep for a container to be delivered and removed. Based on the staff direction, an understanding of resident needs and feedback from other city departments the following is recommended. If a yard is too small or steep for a container, driveways - both off-street and in alleys - must be considered a viable option for bulk material containers before an exception could be granted. If the driveway or yard does not work for a container, it can be placed in the right of way. When talking about where in the right of way, the consideration is to allow the containers on the street. Since the typical alley right of way is only 12 feet wide, this would not be conducive to an encroachment of any width. Most boulevards are too narrow and blocking a sidewalk would be prohibited. Approval would be determined at the staff level, with requests going through engineering’s right of way permit process. Soft-sided dumpster bags would not be allowed in the street under any circumstance. Conditions of approval: If it is determined that there is not adequate space on private property, bulk material containers would be allowed on the street. This will be accomplished by issuing a right of way permit. The applicant would be required to follow these conditions: • Containers must be in front of the applicant’s property. • The street must be wide enough to allow the container and allow traffic to pass. If the street is less than 28 feet wide, temporary no parking signs will be required opposite the storage container to allow safe passing. • If parking is already restricted in front of the property, a permit will not be issued. • Containers will not be allowed within ten feet of hydrants. • All storage containers must be marked with reflectors or cones to increase night visibility. Study session meeting of March 25, 2024 (Item No. 4) Page 3 Title: Bulk material containers in the right of way update • Only hard-sided, structurally stable containers are allowed. Soft-sided or bag containers are not allowed to be stored in the right of way. • A two-week time limit will be placed on each permit. • Each address may apply for a maximum of two exceptions within 12 months. • Permits shall be restricted between November 1 and April 1 so that they are not obstacles for winter snow removal. • Permits should be applied for by the container’s owner, not the property owner; that way, the city can notify the business to remove delinquent containers. Solid waste businesses are licensed in the city. Recommendation: Staff recommends amending the solid waste management ordinance (Ord. No. 2529-17,12-18-17) to allow for exceptions to bulk material container storage in the right of way using the criteria outlined above. Financial considerations: If bulk material containers are allowed in the right of way, a right of way permit would be issued. The fee for the permit would ensure that city staff costs to monitor the program would be covered. Next steps: If the council is supportive of the conditions and considerations outlined in this report, staff will begin the process of updating the city code. To make these changes to the code, the city attorney advised that the solid waste ordinance must be amended or re-written to allow for conditional storage in the right of way. In addition, other areas of the code will be reviewed to determine if they need to be updated. Staff will bring code changes to the city council in the coming months.