Councilmembers present: Mayor Jake Spano, Tim Brausen, Steve Hallfin, Thom Miller, and Margaret Rog.

Transcription

1 Official minutes City council meeting St. Louis Park, Minnesota August 20, Call to order Mayor Spano called the meeting to order at 7:30 p.m. Councilmembers present: Mayor Jake Spano, Tim Brausen, Steve Hallfin, Thom Miller, and Margaret Rog. Councilmembers absent: Anne Mavity and Rachel Harris. Staff present: City Manager (Mr. Harmening), City Attorney (Mr. Mattick), Community Development Director (Ms. Barton), Police Chief (Chief Harcey), Operations & Recreation Director (Ms. Walsh), Senior Planner (Mr. Walther), Planner (Ms. Kramer), Management Assistant (Ms. Carrillo Perez), and Recording Secretary (Ms. Pappas). Guests: Junior Naturalist Coordinator Will Huyck, Naturalist Becky McConnell, Junior Naturalist student group, families and friends, Marilyn Clue, Eric Olson, Mark Holly, and, Ellen McDaniel. 1a. Pledge of Allegiance 1b. Roll call 2. Presentations 2a. Westwood Hills Nature Center Junior Naturalist Recognition Mr. Huyck, Junior Naturalist Coordinator, along with Mayor Spano introduced and handed out certificates, respectively, to the 2018 Junior Naturalists volunteers. The program has existed for 27 years, and provides volunteers from 7 th to 12 th grade the opportunity to work with animals, nature projects and at camp staff assistants. This summer the group logged over 1600 volunteer hours. Councilmember Brausen noted that Councilmember Harris and former Councilmember Lindberg are alums of the program, adding that the Junior Naturalist program must be a training ground for folks who eventually end up serving on the city council. He stated he hoped to see many of the volunteers on the council someday.

2 City Council Meeting -2- August 20, b. Minnesota Recreation and Park Association Awards of Excellence Presentation Sonya Rippe, Project Coordinator for Plymouth Parks and Recreation, and resident of St. Louis Park, presented the three 2017 Awards of Excellence to the following projects/programs: Westwood Hills Nature Center woodland and shoreland habitat restoration partnership Mark Oestreich The Recreation Outdoor Center Project (ROC) Jason Eisold Recycling Champions Nate Rosa and Emily Barker 2c. Recognition of donations- Mayor Spano thanked the following donors: Carol Haff donated $2,150 and Jim Brimeyer donated $50, for a memorial bench in Aquila Park honoring Gene Gustafson Lillian Wefald donated $2,200 for a memorial bench in Westwood Hills Nature Center honoring Lillian and Knut Wefald Most Holy Trinity class of 1958 donated $2,000 for a memorial bench in Wolfe Park honoring Most Holy Trinity School s class of 1958 Natl. Association of Government Web Professionals donated up to $2,500 for travel expenses for IT Manager Jason Huber to attend the 2018 NAGW Conference in Pittsburgh, PA. 3. Approval of minutes - none 4. Approval of agenda and items on consent calendar 4a. Adopt Resolution No authorizing the removal of restrictions on various street segments and adopt Resolution No authorizing the installation of traffic controls on Yosemite Avenue. 4b. Moved to 8c. 4c. Adopt a Resolution No approving acceptance of a $2,200 donation from Carol Haff in the amount of $2,150 and Jim Brimeyer in the amount of $50 for the purchase and installation of a memorial bench in Aquila Park honoring Gene Gustafson. 4d. Adopt Resolution No approving acceptance of a $2,200 donation from Lillian Wefald for the purchase and installation of a memorial bench in Westwood Hills Nature Center honoring Lillian and Knut Wefald. 4e. Adopt Resolution No approving acceptance of a $2,000 donation from Most Holy Trinity School, class of 1958 for the purchase and installation of a memorial bench in Wolfe Park honoring Most Holy Trinity School s class of f. Adopt Resolution No accepting work and authorizing final payment in the amount of $19, for project Alley Reconstruction with G.L. Contracting Inc., City Contract No g. Adopt Resolution No authorizing the special assessment for the repair of the sewer service line at 3858 Wooddale Avenue South, St. Louis Park, MN. P.I.D

3 City Council Meeting -3- August 20, h. Approve, and authorize the City Manager to execute, SWLRT Subordinate Funding Agreement Amendments to SFAs #9, #10 and #11. 4i. Approve, and authorize the mayor and city manager to execute, Subordinate Funding Agreement 12 (SFA#12) with the Met Council regarding the SWLRT Project. 4j. Adopt Resolution No approving the assignment and assumption of redevelopment contract between Central Park West Phase II Land, LLC and Elan West End Apartments Owner, LLC relative to the Central Park West Phase II Apartment Project. 4k. Adopt Resolution No approving acceptance of a monetary donation from the National Association of Government Web Professionals in an amount not to exceed $2,500 for all related expenses for Jason Huber, Information Technology Manager, to attend the 2018 National Association of Government Web Professionals National Conference in Pittsburgh, Pennsylvania. 4l. Approve for filing planning commission meeting minutes of June 20, m. Approve for filing planning commission meeting minutes of July 11, Mayor Spano requested that Consent Calendar item 4b be removed and placed on the Regular Agenda to 8c. It was moved by Councilmember Brausen, seconded by Councilmember Miller, to approve the Agenda and items listed on the Consent Calendar as amended, and to move Consent Calendar item 4b to the Regular Agenda as item 8c; and to waive reading of all resolutions and ordinances. 5. Boards and commissions 5a. Appointment of youth representatives to boards and commissions It was moved by Councilmember Brausen, seconded by Councilmember Hallfin, to appoint Katherine Christiansen to the Environment and Sustainability Commission and Rachel Salzer to the Parks and Recreation Advisory Commission as youth members for one-year terms beginning August 31, Public hearings 6a. Public Hearing on body worn camera policy. Police Chief Harcey presented the staff report regarding the body worn camera policy. He noted after going through the process of developing a policy with the help of police staff, the PAC, HRC and MAC, on July 30 a draft body worn camera policy was posted to the city website to provide opportunity for public comments.

4 City Council Meeting -4- August 20, 2018 Chief Harcey stated body worn cameras will be activated by police at traffic stops, during emergency vehicle operation, at pedestrian stops, during a search, seizure, or arrest, during response to resistance, adversarial contact, or as a technology assist for emergency lights activation and holster activation. He added that dash cams have this same technology and anytime an emergency light is activated, both the body cam and dash cam will start filming. Chief Harcey added the new policy states it is at the discretion of the officer when to turn on the body worn camera. He also noted if there is an informal encounter with a citizen, that is not and does not become a law enforcement related issue, and a recording of the event would not yield information relevant to an ongoing investigation, there is no need to turn on the body camera. Mayor Spano opened the public hearing. Marilyn Klug, 2729 Xenwood Ave., made a statement related to the policy and transparency of the police department. She noted there is a risk with body worn cameras, but a good policy, will help police make the best decisions. She stated there are four areas of concern: when the cameras are on and off, officer access, body worn cameras in schools, and disciplinary actions. Ms. Klug stated there is a concern with turning body cameras on and off, especially since the Minneapolis case, when the policy body cam was not activated. She stated the Minneapolis police chief has now stated what good is a body camera, if it is not used, and when it is turned on, it is beneficial for all. Ms. Klug noted that not allowing police to watch videos before writing their reports needs to be included in policy and that officers should write their reports prior to viewing videos, and then file a supplemental report afterwards. With regard to body cameras in the schools, she stated this is a privacy violation issue, and cameras should not be used unless there is an emergency situation. Ms. Klug added with disciplinary actions, there needs to be outlined expectations clearly included in the policy, with consequences. Ms. Klug stated she included a response from the ACLU in her documents to the council this evening, and asked for this to be included in the public record. She noted she will post this information on the Allies for St. Louis Park website this evening as well. Ms. Klug stated the draft policy needs revisions, in order for it to be fair and equitable for the community. Eric Olson, 4820 Park Commons Drive, stated he was surprised when he found out the city does not have dash cameras currently on police squad cars, adding he was happy to hear this is proposed with the new body worn camera policy. He added the policy won t be perfect, and it is important to finalize it. He also agreed police need to write their initial report prior to viewing the video.

5 City Council Meeting -5- August 20, 2018 Mark Holly, 2030 Ridge Drive, stated he is a former military police officer. He noted there seems to be a lot of discretion about when to turn the camera off and on, and also when the supervisor can turn it off and on, adding this decision should be made at a higher level, and needs to be clarified when the policy is finalized. Mr. Holly also noted the cameras should not be turned off during medical treatments, especially in light of Minneapolis police shutting off cameras during the use of Ketamine injections, stating this needs to be part of the record. Ellen McDaniel stated she is on the Police Advisory Commission, and is still struggling with the idea of officers viewing or not viewing the video before writing their report. She stated when thinking of court policies and evidentiary information, this may be an issue, as the courts will not accept the preliminary report from the police, and then an additional report after viewing the video. Mayor Spano closed the public hearing. He explained this was a public hearing for discussion only, and no action by council is recommended by staff at this time. 7. Requests, petitions, and communications from the public none 8. Resolutions, ordinances, motions and discussion items 8a. Conditional use permit Park Spanish Immersion School. Resolution No Ms. Kramer presented the staff report. She noted the school district requests a CUP to operate an elementary school at Cedar Manor School, located at 9400 Cedar Lake Road, which has continuously been used as a school from its opening in 1957 until present day. The CUP is to allow Park Spanish Immersion school to relocate to the site, with enrollment projected to be elementary students, similar to enrollment at Cedar Manor prior to 2000 and well under the 900 students that occupied the building in the 1960 s. Councilmember Brausen asked who owns the property west of the school. Ms. Kramer noted this is Highway 169, owned and maintained by MNDOT. Councilmember Brausen also asked about the maximum number of buses to be located on site each day, and about the turnaround. Mr. Bravo stated there will be a maximum of 25 buses most days, that will be staged and lined up, and then leaving, with other buses arriving. He added there will be morning and afternoon buses. Councilmember Brausen stated he lives in the Cedar Manor neighborhood and also represents that area. He stated neighbors use the playground equipment at the school for younger children, as well as school-age children. He asked that the school district gather input from neighbors in the surrounding area about the new equipment scheduled to be installed there in 2020, in an effort to meet the needs of all.

6 City Council Meeting -6- August 20, 2018 Mr. Bravo stated yes, the district has involved parents, teachers, and school staff in these discussions in order to ensure all children, including those with special needs, have playground equipment to use. Councilmember Brausen added he would like the district to also preserve the winter sliding hill at Cedar Manor. Mr. Bravo assured that would be preserved. It was moved by Councilmember Brausen, seconded by Councilmember Hallfin, to adopt Resolution No , approving a conditional use permit for an elementary school at 9400 Cedar Lake Road with conditions recommended by staff. 8b. First reading of interim ordinance establishing moratorium on use and development of 3745 Louisiana Ave. S. Resolution No Mr. Walther presented the staff report. He noted this is the former Sam s Club property, which is on a 13-acre site and contains an approximate 150,000 square-foot building located adjacent to a future light rail transit station. He stated the building has been vacant since January 26, 2018 and is currently guided for commercial use and zoned C2 General Commercial. He noted the draft of the city s 2040 Comprehensive Plan proposes a change to the land use of the property, adding a study is needed of the site conditions, land use and the city s official controls for the property. Mr. Coyle, lawyer for the Walmart/Sam s Club property, stated a moratorium is not necessary, adding they are not challenging the city on this per the statute. He added, however, the existence of a moratorium will have a chilling effect on Walmart to restrict owner use of the property, and it is inappropriate to single out this property. Councilmember Brausen asked Mr. Mattick if given the C2 designation, Sam s Club could put something else there if they wanted to. Mr. Mattick stated yes, they have rights to do so. Councilmember Rog stated there are three uses defined for future consideration at the property including: commercial, business park, or transit-oriented development. She asked if additional uses can be reviewed, such as a civic use, and how and when could that be reviewed. Mr. Walther responded anytime during the comprehensive plan process this can be reviewed, and if council wanted to make a change, there is an opportunity to do so. He added that nothing prevents a sale of property during the moratorium. Councilmember Hallfin asked if the property is on the market and if so, what the asking price is. Mr. Walther stated this property has more actively been marketed for sale for a few weeks, and brokers and other interested parties have contacted staff asking about uses for the site. He added the seller s asking price has not been disclosed.

7 City Council Meeting -7- August 20, 2018 It was moved by Councilmember Brausen, seconded by Councilmember Miller, to approve first reading of an interim ordinance temporarily restricting development at 3745 Louisiana Ave. S., St. Louis Park ( Subject Property ); set second reading for August 27, 2018; and, adopt Resolution No , directing city planning division staff to conduct a study and prepare amendments to official land use and zoning controls for the subject property based upon the study for city council consideration. 8c. Approval of the amended inclusionary housing policy. It was noted the amended Inclusionary Housing Policy includes: increase the affordable unit requirement for 60% AMI affordability from 18% to 20%, add an affordability category for 30% AMI, require a payment in lieu for eligible homeownership developments, and increase the continued occupancy eligibility income for program participants to 140% of the applicable AMI. Mayor Spano stated the council has taken an aggressive approach on this issue, and now has a policy, which is being amended. He wanted to bring it to the forefront since it is a top strategic measure for the city. Mayor Spano stated it meets a critical need, which the council has discussed thoroughly. Councilmember Brausen stated the inclusionary housing policy has only applied to new construction where the city is a partner in it, and pointed out this can be done on all development in the city. Councilmember Rog added she wants larger apartments with more bedrooms, for those in need, and pointed out this is one tool in the tool box. Councilmember Hallfin stated in looking at the issue of affordable housing, this is only one way to assist the problem and this is a symptom of a larger problem. He added the real reason housing is not affordable is because wages are not rising, and this is what the minimum wage is for, but he is not sure how to deal with this problem at this time. It was moved by Councilmember Brausen, seconded by Councilmember Rog, to adopt and approve the amended inclusionary housing policy as presented. 9. Communications Mr. Harmening noted Wednesday, August 22, from 5-8 p.m. at the ROC, is the annual community event for St. Louis Park families in need of services. Councilmember Rog stated the Senior Program at the Lennox Foundation has its summer fundraiser on Dakota and Minnetonka Avenue on Monday, August 27. Nelson s Meats is donating $5 to the Lennox Foundation, for every sandwich purchased.

8 City Council Meeting -8- August 20, 2018 Mayor Spano noted Eid al Adha is celebrated tomorrow from 6 a.m. to 12 noon, at the US Bank Stadium, and is open to the public and people of all faiths. Mayor Spano thanked all citizens who came out last week to vote in the primary elections. He stated it was the highest number of votes since the 1980s, with 36% voting vs. 11% voting in the 2014 primary election. 10. Adjournment The meeting adjourned at 8:50 p.m. Melissa Kennedy, City Clerk Jake Spano, Mayor