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HomeMy WebLinkAboutCity Council - 10/06/2020 - Workshop APPROVED MINUTES CITY COUNCIL WORKSHOP & OPEN PODIUM TUESDAY, OCTOBER 06, 2020 CITY CENTER 5:00 – 6:25 PM, HERITAGE ROOMS 6:30 – 7:00 PM, COUNCIL CHAMBER CITY COUNCIL: Mayor Ron Case, Council Members Brad Aho, Kathy Nelson, Mark Freiberg, and PG Narayanan CITY STAFF: City Manager Rick Getschow, Police Chief Greg Weber, Fire Chief Scott Gerber, Public Works Director Robert Ellis, Community Development Director Janet Jeremiah, Parks and Recreation Director Jay Lotthammer, Administrative Services/HR Director Alecia Rose, Communications Manager Joyce Lorenz, City Attorney Maggie Neuville, and Recorder Katie O’Connor Workshop - Heritage Rooms I and II (5:30) I. SMOKE FREE MULTIFAMILY HOUSING (5:30-6:00) Megan Yerks, community services coordinator, introduced Kassy Nystrom and Kara Skahen. Nystrom is an urban planner working in public health with Hennepin County. Skahen is a program director for Live Smoke Free with The Association for Nonsmokers - Minnesota. Nystrom presented their timeline of involvement in Eden Prairie. Eden Prairie passed a policy increasing the sales age of tobacco products to 21 in 2018. In 2019, they engaged the residents with a Smoke-free Multi Unit Housing (SFMUH) survey. Four of the housings locations have a smoking not permitted policy, and in three properties smoking is permitted. The purpose of the survey was to gage whether or not there was interest in a citywide ordinance for smoke-free spaces. Throughout this process, they worked closely with Staff. The surveys were finished in 2020. The Association for Nonsmokers updates a regional database regarding which multifamily properties do and do not have smoking policies. As of 2020, out of 40 Eden Prairie properties 55 percent have policies. Hennepin County believes everyone has a right to healthy housing. According to the United States Surgeon General’s report, there is no safe level of exposure to secondhand smoke. Nystrom stated the survey delivery varied by property. There was one survey per household with one week for completion. Signs were posted throughout the building as a reminder. Incentives were provided for those who participated as well as property managers. There were 526 surveys distributed to smoke-free units at four properties, and 181 were returned. There were 313 surveys distributed to smoking permitted units at three properties, and 75 were returned. Smoking permitted property data showed older adults, minorities, and low- wealth and resourced residents are the most vulnerable populations to chronic disease. Data was collected on the percentage of those exposed to secondhand smoke (SHS) at home by ethnicity. The black community is experiencing exposure to SHS at home at a higher rate, 13.8 percent. Seven percent of Black or African Americans are exposed to SHS, and 5.3 percent of American Indians or Alaska Natives are exposed to SHS. Data collected on the City Council Workshop Minutes October 6, 2020 Page 2 percentage who report selected health status by SHS at home shows a higher percentage of reporting poor or fair health, having hypertension, or being obese. Skahen stated smoke-free housing has been a trend over the last decade with an increase in properties with smoke-free policies. In regards to the survey, over 80 percent strongly or somewhat support a smoke-free voluntary policy in all individual apartments within the building. These numbers align closely with the state adult smoking rate of 14 percent. There is also strong support for a citywide policy or ordinance prohibiting smoking from inside the building. 87.5 percent of those surveyed in buildings with smoking not permitted support a citywide policy or ordinance and 82 percent in buildings with smoking permitted. Many of the property managers recognize the benefits of smoke-free housing policies such as cost- benefits due to less damage and reduced risk of fire and increased health of staff and residents. Data from 2010-2019 shows the number of fires per year in multi-family housing and the dollar amount associated with the damage and loss. Although careless smoking indoors is a hazard, cooking is the number one cause of fire in multi-family properties. Skahen stated there are a number of options to consider. One of the recommendations to consider is to incentivize SFMUH a voluntary policy adoption by adopting a municipal resolution or declaration supporting smoke-free housing. The City of Richfield adopted a resolution a few years ago supporting SFMUH. Another option, implemented by the City of Duluth, is to require property owners to establish and disclose their smoking policy to prospective renters and or buyers. Other options to consider are to establish SHS as a nuisance, incentivize or require a SFMUH policy adoption through the City rental licensing program or City funded development projects, or require all multi-unit housing (MUH) properties to be smoke free. There are a number of communities in California who require all MUH to be smoke free. Aho inquired about who would be responsible for the implementation of a policy and the enforcement. Rachel Callahan, from the Public Health Law Center, replied some landlords implement policy by putting a clause in their lease and therefore enforcing it. In California, some cities and counties do enforce the policy resulting in either a fine or a misdemeanor. These policies also allow residents to take legal action when they’re subjected to SHS. Aho stated he owns three apartment complexes, and they are smoke-free due to all the reasons mentioned and the property damage associated. There isn’t a clear way for landlords to enforce these policies other than to charge a fee for damage when they move out. He also believes the City and County should not be dictating to landlords what policies to put in place. Law enforcement should not be tasked with enforcing these policies as they have are occupied with so many other tasks. Case inquired if the League of Minnesota Cities has data on practices and policies from various cities. Skahen responded there are currently no other cities or counties in Minnesota with an ordinance. Case inquired about the steps the City of Richfield took. Skahen responded Richfield passed a resolution stating they support smoke-free housing efforts. Narayanan inquired if the City receives many calls about smoking complaints. Weber replied more often there are complaints of the smell of marijuana in a building rather than tobacco. In some cases there are calls from single-family properties about smoke smell through their City Council Workshop Minutes October 6, 2020 Page 3 windows. Yerks added the survey results include a comments section, and some of those comments reflect interactions between neighbors who smoke versus those who do not. Case noted the City has been a leader through the years in combatting smoking, more specifically as one of the first cities to ban smoking in parks. The Council will check in with Staff about the next steps they would like to take. II. ELECTRIC VEHICLE CHARGING STATIONS (6:00-6:30) Getschow stated earlier this year two residents brought forward the St. Louis Park ordinance for electric vehicle charging stations (EVCS) and asked if Staff, the Planning Commission, and Council could look into a way to encourage or legislate more EVCS. Novak-Krebs stated in February through June Staff did research on how other communities are handling EVCS. In July the Planning Commission discussed EVCS. August through September Staff conducted outreach to multifamily property owners and managers. Novak-Krebs provided a summary of the St. Louis Park EVCS ordinance, adopted in April 2019. Their ordinance came to fruition from their Climate Action Plan after a year of discussion. Their ordinance refers to level one EVCS taking about eight hours for a complete charge, level two EVCS taking two hours for a complete charge, and DC EVCS taking about 20 minutes for a full charge and considered rapid charging. Their requirements are outlined by the number of spaces in a lot. Lots with 14 or fewer spaces are not required to have EVCS. Lots with 15 to 49 spaces in a non-residential area are required to have one level two EVCS. Multifamily is required to have five percent of the required parking as level one EVCS. Lots with 50 or more spaces in a non-residential area are required to have at least one percent of required parking be level two EVCS. Multifamily of this size are required to have ten percent of the required parking be level one EVCS plus one level two station for guest parking. Narayanan inquired if this also applies to businesses. Novak-Krebs responded yes. The requirement is based on either non-residential or multifamily residential properties. Novak-Krebs stated, in addition, lots are required to install wiring with electrical capacity for future EVCS for at least 10 percent of the required parking stalls. The City of St. Louis Park allows the developer to request a reduction in EVCS if the installation of the EVCS costs more than five percent of the total project cost. In conversations with the City Attorney and based on current legal standings and State Building Code, the City could require EVCS on surface parking lots and in multifamily development. The City cannot require it in single family development at this time. There have been a few developers who have volunteered to install EVCS such as Eden Ridge and Villas at Smith Village. Neuville added it cannot be required within a structure due to State Building Code. Case inquired if Council could continue to ask to developers to install or wire for future EVCS. Neuville replied yes. Those development agreements stated the installation was voluntary and is not enforceable. Getschow noted EVCS cannot be required in City Code. Aho noted the added feature will make properties more desirable. Often the more regulation and requirements, the higher the cost of the development and therefore less affordability. City Council Workshop Minutes October 6, 2020 Page 4 Narayanan inquired if there are any State of Federal grants to assist developers or cities with installing EVCS. Scot Adams stated he is aware of one company that sets aside money for EVCS, but he is not certain if those funds are available to cities. Nelson added wiring for EVCS is fairly low cost to add to a development and would likely not increase overall sale price. Aho noted for a lower level voltage outlet it would not be costly, but it depends on the level of EVCS. Novak-Krebs stated in July the City Planner had discussions with the Planning Commission around EVCS and overall there was support. They discussed incentivizing or making EVCS a requirement. Incentivizing EVCS was more broadly supported, but there was interest in the City leading the requirement of EVCS depending on the scale and type of development. Locations such as residences, offices, and maybe the mall or large retail would be the best locations due to the amount of time spent on site. The Commission was interested in seeing if the City could pursue partnerships with car companies to install EVCS in public areas. There was consensus to wait for Building Code to be updated before the City adopts an ordinance. It was also suggested it could be beneficial to reach out to multifamily property owners and managers about usage and demand. A survey was sent to 26 multifamily property owners and the City received 11 responses. Elevate has two EVCS available for free to guests and residents. Other properties report residents have requested EVCS and there are residents who own electric vehicles. Three properties have other locations with EVCS with little or unknown use and demand. Through the planned unit development (PUD) process, the City has been successful in discussions around EVCS for multifamily and other properties. There are many multifamily properties with one or more EVCS in the City. Case inquired if the EVCS at these sites are free. Novak-Krebs stated she is not certain if they are all free, but some of the EVCS are in underground parking structures and are only for residents. Aho noted the Southview EVCS is not metered, similar to many in the City. Case added he believes Tesla EVCS are free nationwide. Aho added it depends on the type of vehicle, the year it was purchased, and there may be some other limiting factors. Lotthammer added the EVCS at the Community Center is fee-based and scaled in hopes to deter people from parking there for long periods of time. Schmieg stated Leviton has a network charging system for public applications. They charge by kilowatts and time of day. There are also mobile applications where EVCS can be scheduled and reserved. Aho added the application can also accept payment to secure an EVCS time slot. Schmieg added the listed price for the EVCS unit is only $2,300, but the unit would need to be wired to internet. Case inquired what the next steps may be. Getschow responded there is some clarity on single family housing, and there has been discussion on EVCS for every project coming before the Planning Commission and Council. Aho stated he favors what the City has been doing rather than requiring it. There has been success with builders and property owners volunteering to include EVCS. Narayanan referred to the 2050 Climate Action Plan and to consider the strategies necessary to reach the City’s goals. Case added he believes market forces will likely further these initiatives. He would be in favor of some requirements for developers as there does not seem City Council Workshop Minutes October 6, 2020 Page 5 to be a lot of resistance. Aho noted he believes it is beneficial to encourage it as there will likely already be the demand for it. Case stated the City should be operating based on what role we should play in the next five years. Freiberg noted it is cheap to do the rough-in for EVCS. The developers are already motivated to add these features without the requirement from the City. Nelson stated she agrees the City should do what they can to promote EVCS. Narayanan stated those who rent do not have the ability to add these features. Case added he would like to get a greater understanding of the science and technology and listen to the experts on the outlook of the next 10 years. Adams added it would be beneficial to have a specific ask for developers. He is willing to reach out to experts to assist with more information. Open Podium - Council Chamber (6:30) III. OPEN PODIUM IV. ADJOURNMENT