HomeMy WebLinkAbout2018/12/10 - ADMIN - Minutes - City Council - Study Session Official minutes
City council study session
St. Louis Park, Minnesota
December 10, 2018
The meeting convened at 6:00 p.m.
Councilmembers present: Mayor Jake Spano, Steve Hallfin, Rachel Harris, Anne Mavity, Thom
Miller, and Margaret Rog.
Councilmembers Absent: Tim Brausen
Staff present: City Manager (Mr. Harmening), City Attorney (Mr. Knutson), Assistant
Manager/Human Resources Director (Ms. Deno), Director of Community Development (Ms.
Barton), Director of Inspections (Mr. Hoffman), Police Chief Harcey, Housing Supervisor (Ms.
Schnitker), Housing Programs Coordinator (Ms. Olson), Communications Manager (Ms. Larson),
Racial Equity Manager (Ms. Sojourner), HRC Commissioner (Ms. Arnold), Community Service
Officer Drager, Police Lt. Garland, Management Assistant (Ms. Carrillo Perez), and Recording
Secretary (Ms. Pappas).
1. Future study session agenda planning - December, 2018
Mr. Harmening presented the proposed study session agenda for December 17, 2018.
Councilmember Rog submitted a study session topic proposal form to be discussed at the end
of the meeting.
2. HRC report to council: Immigrants who are undocumented proposal
Human Rights Commission (HRC) Commissioner Arnold presented the report.
Commissioner Arnold noted residents recently asked the city council to pass a resolution calling
for the abolishment of U.S. Immigration and Customs Enforcement (ICE) and limiting the
cooperation of city employees with federal immigration enforcement actions. The council asked
the HRC to provide feedback on this proposal. Commissioner Arnold stated after considering a
variety of factors, the HRC developed an alternative proposal they believe is better tailored to
St. Louis Park. She also noted other cities are passing these types of policies; however, most are
larger, including Minneapolis, Seattle and Los Angeles.
Commissioner Arnold stated the HRC gathered community input in October even though
historically the HRC has had difficulty getting public involvement or feedback from those who
could benefit most from a policy such as this.
Ms. Sojourner pointed out this policy would affect the most vulnerable, including
undocumented immigrants, those with low income, people of color , and also a high number of
women and families.
Commissioner Arnold presented the proposed resolution which:
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1. Urges the federal government to cease its policy of family separation except in narrowly
tailored circumstances;
2. Affirms the city’s commitment to policies of non-discrimination and values the dignity of
all of our community members, irrespective of country of origin or immigration status;
3. Establishes a grant program, allowing residents and organizations of St. Louis Park to
request funding for projects that will mitigate the harms caused by current and
proposed federal immigration policies that separate families and discourage the use of
safety net services.
Commissioner Arnold asked the council if they wished to move ahead with next steps based on
the proposed items above.
Councilmember Miller asked if there are more opportunities in the sheriff’s office to partner
with the county and possibly get matching funds to help establish a grant program.
Commissioner Arnold stated HRC could look further at this.
Councilmember Miller noted Hennepin County Commissioner Greene would be very open to
such a proposal and these types of efforts with St. Louis Park leading the way.
Councilmember Rog asked for information on the multi-cultural liaisons in the schools, and
their work with families.
Commissioner Arnold stated the liaisons work with families and mentioned one case where the
family moved into a church, noting that access to food has been a problem for these families,
many times because they are undocumented and scared to use social services. She added this is
where a grant program would help.
Councilmember Rog asked if city government might prevent folks from coming forward to get
help as well. Commissioner Arnold stated the HRC would still like to put a grant program in
place as a first step of good faith, and if it does not work, then make changes.
Councilmember Rog noted that STEP is a possible partner, as an organization with access to
food, and a very helpful and knowledgeable staff. Commissioner Arnold agreed, and stated the
HRC discussed this also, and would be interested in finding pre-existing organizations to help,
adding there is no need to start from scratch.
Councilmember Harris asked who folks rely upon if they have a distrust of government
assistance. Commissioner Arnold stated many rely on the faith communities, adding there is a
potential source of partnership in St. Louis Park, with so many faith communities .
Councilmember Mavity stated the conversation reminded her of how fortunate those are that
live in St. Louis Park, as this community cares about this, and she appreciates the work being
done. She added, however, she is not interested in engaging with a plan of public supported
services, noting that STEP is a great partner in St. Louis Park with skilled professionals. She is
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concerned with creating a parallel program and spending money on that, and asked if STEP has
had to turn away folks due to lack of funding.
Councilmember Mavity also stated the city council does not have capacity to do outreach
directly in these communities on every issue that the HRC deals with, adding council relies on
the commissions to be an ear to the ground and to do the leg work. She encouraged the HRC
and other commissions to go forth and listen and learn and lift those concerns to the council,
and added she wants the HRC to feel empowered to do this.
Councilmember Hallfin thanked the HRC for their work, adding that this is a weighty issue. He
noted the proposed resolution is fine; however, he does not think the part that mentions
“Urges the federal government to cease its policy of family separation” is worth doing, as
nothing will happen with this.
Commissioner Arnold noted, however, that while many residents know this, they still strongly
advocated that the city make their position known to the federal government.
Councilmember Hallfin also noted he does not want to pass token resolutions, just for the sake
of passing them, but he did understand their comments and appreciated their report.
Mayor Spano spoke for the absent Councilmember Brausen, who noted he is willing to support
the grant program, focused on individuals suffering from family separation policies.
Mayor Spano added he would like to say something very clear to the federal government about
this policy; however, he also has concerns about the consequences for cities that have done
this, and he would not want to make life more difficult for folks.
Mayor Spano also noted he has concerns about data privacy if this program were housed in the
city, and he is concerned about how to earmark funding for this.
Commissioner Arnold stated the Data Practices Act is clear about what is public and what is not
public information, and as for a grant program, the city might boost a pre-existing program,
adding there would need to be reasonable guidelines in place.
Councilmember Miller stated he supports this, taking the next steps, and looking at details,
adding there is value in having the HRC lead this effort.
Councilmember Mavity stated she is supportive of portions 1 and 2 of the resolution, but is less
enthusiastic about starting a new grant program, when the city has a great community partner
in STEP.
Councilmember Rog stated she also supports this effort, and as a former member of HRC, feels
this is a great way to build relationships and engage the community in a meaningful way.
Councilmember Harris stated she is in favor of item 1 and 2 also, but does not want to make
policies for the sake of making policies and would prefer the grant program be done through
the faith community, rather than reinvented through city government.
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Councilmember Hallfin agreed with Councilmember Harris, and does feel the city should not
lead in grant making, when there are non-profits available with the sole purpose of serving the
public.
Commissioner Arnold stated the HRC has concerns about moving too slowly on this issue, and
would like to speed the process up.
Mayor Spano stated he is flexible on how grants are given, and is most concerned about getting
help to those that need it.
Mayor Spano added that Councilmember Brausen is also fully in support of the resolution.
3. Crime free/drug free rental housing
Ms. Deno, Mr. Hoffman, Chief Harcey, and other staff presented the report. Ms. Deno noted at
the end of the discussion, staff will look to council for direction on next steps.
Mayor Spano noted the city values safe housing for its renters and homeowners and the council
also understands there are unintended consequences from all policies. That is why the council
is revisiting this ordinance. Mayor Spano added there will be no public comment this evening;
however, a sign-up sheet will be passed around the room for folks to note if they would like to
be kept informed on this topic by staff.
Mr. Hoffman began by presenting a history of the rental housing program, which dates back to
the 1970s. He noted various milestones along the way, stating the council adopted the current
crime free/drug free rental housing ordinance in 2008. He added in 2010 a provisional license
alternative was added for problem properties, and in 2018 tenant protection was added.
Chief Harcey focused on how the program is implemented in the city. He stated police respond
to calls at rental units, and the process fits within the city’s community policing philosophy,
having been enforced by police since it became a policy, as directed by council. Chief Harcey
noted this ordinance has built partnerships between police, property owners, and property
management. When a call is received, an officer responds to determine if a violation has
occurred and contacts the tenant whenever possible. The police also work with property
owners and tenants on crime free and drug free training.
Officer Draeger, St. Louis Park Community Outreach Officer, handles the crime free and drug
free training program. Classes are held both in St. Louis Park and throughout the state, in
multiple cities. Officer Draeger stated the police host the classes twice per year and typically
there are 30-50 attendees per class. He added the cost is $40 per person, which covers class
materials and food. Officer Draeger noted the all-day class discusses topics such as: crime free
ordinance, working with police, suspicious activity, drug activity, inspections, housing
assistance, and rental agreements.
Chief Harcey stated the crime free drug free ordinance components involve two separate tracks
which are:
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crime free/drug free – involving more serious crimes which can lead to immediate lease
terminations; and,
Disorderly use – which is a progressive process to solve issues, when unnecessary noise,
trespassing, disorderly conduct, or alcohol violations are reported.
Chief Harcey noted the vast majority of calls come from neighboring units and neighbors, and
police verify the violation and are required to write a report. The Chief pointed out
consequences of 1st, 2nd and 3rd violations:
1st – owner or manager notifies tenant
2nd – same as above and an action plan is completed
3rd – call, same as above, action plan, and then leads to lease termination
Chief Harcey stated the property owner or manager is responsible for lease termination and
when all tenants sign their lease, they become aware of the crime free/drug free ordinance,
and its practices.
Ms. Carrillo Perez pointed out there is also a mediation service provided.
Councilmember Mavity asked how many use the mediation services. Officer Draeger stated he
would have to get the specific numbers, and get back to council on that. He added that with the
3rd violation, there is a process for appeal and it must be requested in writing within 10 days of
lease termination. The owner, manager, and tenant may participate in the appeal process.
Lt. Garland provided statistics on how the ordinance has worked in the community, noting that
disorderly calls for service have declined over the past 10 years, while the combination of all
crime free calls for service has also declined during this same timeframe.
Ms. Schnitker presented information about convening a crime/drug free rental housing work
group, adding that this group along with staff can review the ordinance and make
recommendations to council on possible modifications and the ordinance ’s future direction.
Councilmember Hallfin thanked staff for the very comprehensive presentation . He noted he
himself is a landlord in the city and has attended the classes mentioned by Officer Draeger. He
said the classes were helpful and eye opening about how to be a good landlord.
Councilmember Hallfin added the ordinance was passed 10 years ago, when neither he, nor
anyone currently on the council, was on the council, yet he and other council members
received angry emails from residents asking “how dare you?” He pointed out when he was
elected to the council, he did not know every single ordinance and that is why the council is
now revisiting this ordinance to make it better. He added, as an owner, his tenants must sign
the lease agreement which includes the crime free/drug free ordinance, and he asked folks to
please be aware of the ordinance when signing the lease agreement . He pointed out, as long as
folks are law abiding, there will not be a problem. He added while he does not believe
marijuana use is grounds for being evicted, he does believe the ordinance is an important piece
and helps the city’s multi-tenant building residents. He stated there is value in this ordinance,
and he is all for a robust outreach on this, and also for keeping it in place. Councilmember
Hallfin stated he is still thinking about a total repeal of the ordinance.
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Ms. Schnitker explained the difference between evictions and lease termination. She stated an
eviction is a legal action, whereas a lease termination is management sending a letter to the
renter to terminate the tenant’s lease. She added owners can terminate a lease without
needing to file an unlawful eviction action if the resident vacates the premises so as not to have
the renter’s record affected.
Councilmember Harris stated this is a welcome time to review the ordinance, and to take a
deep dive into practices. She appreciated staff’s work on this, and the work group being formed
to ensure safe rentals for the community, which is a high priority – especially with 40% of the
city’s residents living in rentals.
Councilmember Harris stated she has concerns about guest s who may be in violation of the
ordinance, that it affects the renter, and would like to see that section reviewed.
Ms. Schnitker pointed out, however, the lease holder is responsible for the actions of guests,
adding this is very standard language that lease holders sign. She added the premises is under
the renter’s control and they have to be responsible for what happens at their residence.
Councilmember Mavity stated that none of the current councilmembers were on the council
when this ordinance was first adopted; however, she has been on the council for 9 years and
has not supported it. She pointed out she has raised concerns over time on the ordinance,
adding now is the time to learn and identify how to move forward and make improvements .
She is supportive of a workgroup to study this, adding there will need to be much data included,
as this is studied. She added this was a well-intentioned policy to address concerns, but now
the city needs more tools to address it.
Councilmember Mavity stated she would like a moratorium on enforcement of this ordinance
while the city studies it, and does not want to continue to perpetuate missteps while the
council continues to learn. She added the big theme here is the power imbalance, with all
communication through landlords, tenants can lose their housing and have no say in it, and this
is a core piece that needs to be addressed.
Councilmember Mavity added people are being penalized for making calls to the police, and
this is having the wrong outcome. She stated there is no incentive to call police, if tenants stand
to lose their housing, and this is a real concern. She noted when looking at the data on
violations, she is concerned that the decrease in violations might only be because landlords are
concerned that they will lose their licenses, adding we don’t know, because we don’t have all
the data.
Councilmember Mavity pointed out crime has also decreased in Hennepin County between
2009 and 2017, but these are area trends, and there is a correlation, but there is no cause here,
and no compelling evidence. She added losing housing is a significant penalty and can have
long-term impacts, similar to a criminal history.
Councilmember Miller thanked staff for the report and thanked residents for their emails,
adding he is thankful the community is so concerned about this issue. He stated the ordinance
needs work, and he agrees with convening the work group. He added he is concerned about
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tenants facing domestic violence or mental health issues, and that they might not call for help,
and may lose their housing. He pointed out that Linda Trummer has worked on the crime free
ordinance for many years, and that her work has helped with this issue over the years.
Councilmember Miller has concerns the police force is not part of the work group, and he
would like to ensure they are, adding he would also like to see a civilian commission continue to
oversee the ordinance, going forward.
Councilmember Rog agreed completely with Councilmember Mavity’s comments, and thanked
the housing team and staff for being engaged in this. She thanked all the folks who attended
the meeting and communicated their concerns, and praised the great engagement around this
issue.
Councilmember Rog stated she also fully concurs that more data is needed to make good
choices and she believes additional study and data will help the council make good decisions.
She added the ordinance is unfair as it impacts people of color in the community and displaces
folks against their will, adding homeowners and renters should be treated the same. She also
fully supports a moratorium on the ordinance until further review, and supports the work group
as well, adding the study would be valid if led by an outside party, instead of led internally, by
the city.
Mayor Spano noted for Councilmember Brausen he is also in favor of temporarily suspending
the ordinance while the issue is studied, and he also supports the work group.
Mayor Spano stated he would like to see the work group take this on, adding after the public
process, all will be better informed, through suggestions and data collected. He added the
group will look at blind spots, and he would also support a moratorium on the ordinance while
it is reviewed.
Councilmember Miller stated while he is not opposed to a moratorium, he wants to understand
from staff what that means, and if there are concerns.
Councilmember Harris stated she is in support of the moratorium as well, and is in favor of the
work group, adding after the housing work group reviews, she would also like the police
advisory commission to review the findings.
Councilmember Hallfin added he has no issue with a hold on the ordinance, but asked staff
what will that mean.
Ms. Deno stated staff will put together an outline and some guidelines for council review, and
ask council for guidance. She stated staff could prepare this for the December 17 meeting,
provide some examples in the report to council, and considerations if the ordinance is
suspended.
Councilmember Miller stated he has concerns about taking action so s oon without knowing all
implications. Officer Draeger noted there are no lease terminations on file currently.
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Mr. Harmening added staff will need to know if they should share with landlords about what is
happening on their properties, as they do meet regularly to problem solve issues that arise. He
added the police will need to know council’s expectations on this.
Councilmember Mavity stated she would want to do less harm at this point, but added clear
communication needs to be ongoing with owners and landlords.
Councilmember Hallfin stated he is worried about unintended consequences and what this will
mean for staff, as the ordinance has been in place for 10 years. He agreed they will need to take
a step back, get more feedback, and make a decision a month from now, but not a week from
now.
Councilmember Miller added he would like more data on how this will work and also more data
on a moratorium.
Mayor Spano asked staff to bring back information on a moratorium to the meeting next week,
so council can review and vote.
4. 2019 city council workshop
Ms. Deno noted the workshop will take place Thursday, January 10, and Friday, January 11,
2019, and the facilitator will be Kay Adams, who has a strong background in organizational
development and change management. She added the two-day workshop will focus on
continuing to build a high performing council, developing the tools and skills necessary to
ensure quality and inclusive core service delivery, while also successfully advancing the
strategic priorities of the council.
Ms. Sojourner added they will work on intercultural conflict style inventory and add tools on
communication, especially in times of conflict, in order to be aware and navigate.
Ms. Deno added the workshop will take place at Hamline at the West End.
Councilmember Harris asked if there will be some stretching and movement included . Ms.
Sojourner answered yes, there will be breaks, and movement and breathing exercises offered.
Study session topic proposal
Councilmember Rog presented her proposal related to the Westwood Hills Nature Center
Access Fund, noting she would like the council to study this and consider it during an upcoming
study session.
Councilmember Harris asked how this topic fits into the council’s strategic priorit ies.
Councilmember Rog pointed out it addresses: equity, access, connections to nature, education
about climate action, inclusion, and partnerships with the school district.
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The council decided this topic will be discussed within the next 6 months, or possibly at the
joint meeting with the school board in April 2019.
5. 2018 National League of Cities (NLC) summit debrief
Councilmember Harris noted she took a city tour to a historic bridge, and learned how the
bridge was reconstructed to withstand earthquakes. They also toured the arts district. She
added there was much sponsor presence at the summit, which was not positive . She stated
many of the things presented and being worked on have already been done or are being done
in St. Louis Park, which pointed to how progressive the city is.
Councilmember Mavity agreed with the assessment of sponsors, and noted every session
pointed out the mayor of Los Angeles will be running for president in 2020, which she did not
find appropriate. She stated she went on an excursion on a motorized scooter, which changed
her thinking of them, and learned more about transit and transportation and shared mobility .
Councilmember Mavity also attended a session about how marijuana is bought and sold, and
the whole system of delivery.
Councilmember Harris added she attended the Red Lining exhibit, where St. Louis Park is
featured.
Councilmember Rog loved the event, noting it was the first one she had attended . She stated
the session featuring the Urban Land Institute was helpful, as was the 2020 census session and
the Red Lining exhibit. She added the “Pollco” vendor was promising, and ways to engage
through cell phone technology exhibit helpful, as was the session on community wealth
building. She stated she learned there is an opportunity for partnerships and leveraging
relationships that need to be explored in the city.
Mayor Spano stated the NLC has asked him to coach their race equity and learning initiative,
with two African American women mayors, and he is excited to begin work on this. He pointed
out also that a lot of credit goes to staff and the council in gaining the recognition that St. Louis
Park receives on this work, and added the city continues to be a leader nationally in race equity
work.
The meeting was adjourned at 9:00 p.m.
Written Reports provided and documented for recording purposes only:
6. Affordable housing programs
7. TwinWest Business Retention and Expansion Program Partnership
______________________________________ ______________________________________
Melissa Kennedy, City Clerk Jake Spano, Mayor
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