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HomeMy WebLinkAbout2021 08-23 CCM Study Session MINt1"I'ES O��' "1'I-IE PROCI,EDINGS OF THE CITY COUNCIL OI� 'I'I IE CI"I�Y OF BROOKLYN CENTER IN 'I'HE COt1NTY OF HENNF?PIN AND 'I,HE STATE OF MINNESOTA STUDY SESSION II AUGtJST 23, 2021 VIA ZOOM CALL TO ORDER II "I'he Brooklyn Center City Council met in Study Session called to order by Mayor Mike Elliott at 6:35 p.m. �I ROLL CALL ��� Mayor Mike Elliott and Councilmembers Marquita Butler, April Gr•aves, Kris Lawrence- �, Anderson, and Dan Ryan. Also present were City Manager Reggie Edwards, City Attorney Troy I Gilchrist, and City Clerk Barb Suciu. � CITY COUNCIL DISCUSSION OF AGENDA ITEMS AND QUESTIONS li City Attorney Gilchrist noted a correction needed under Item 10. Council Consideration Items, I� Item c., to indicate the action relates to the adoption of an agenda to approve a memorandum of 'i understanding and appointment of a project coordinator. I It was the Tnajority consensus of the City Council to accept the above correction to the August I 23, 2021, Regular Council Session agenda wording. Councilmember Lawrence-Anderson requested this evening that both Agenda Items IOc, I', Resolution Approving Memorandum of Understanding and to Appoint a Project Manager far ��� Community Safety & Violence Prevention Implementation Committee, and lOd, Resolution I F��stablishing the Position of Policy Aide to Provide High-Level Administrative Support to the Mayor, be removed and rescheduled to the next Work Session with those resolutions, and then i placed on the Regular Session agenda. She requested this because they are both budget items and these two positions should have been included in the Administration budget discussion after reviewal by the Financial Commission and at the Joint Study Session as well. They should have been included and considered with all other departments for the 2022 budget meetings. Councilmember Lawrence-Anderson noted that an affirmative vote on these two items tonight, will automatically place into the 2022 budget a placeholder not knowing what the financial budget impact to the City's levy will be and it places all other departments under higher financial scrutiny as we may have to cut from other areas to propose a reasonable levy. Councilmember Lawrence-Anderson stated she does not believe it is fiscally responsible or transparent to add these items to the agenda without further consideration with our normal due budget process and without community engagement on this component as well. Again, she 08/23/21 -1- requested these two items be reinoved fcom this evening's agenda and added to the next Work Session, then placed on the agenda for the next regularly scheduled meeting. Mayor Elliott stated we need to have this position in place as soon as possible, especially the Project Coordinator, noting there are two other positions starting and partners coming on board to provide technical assistance to the City after it passed this landmark resolution. He noted the positions would start October 25, 2021, because it takes time to post a position, make an application, and interview. T'his is a requirement for tlie partners we have coming on board. I Ie suggested the City Council listen to the presentation this evening, look at the proposed source of funding, and then make a decision. Mayor Elliott felt that taking it of�f the agcnda and moving it out a month or several wceks is past the time when the other FUSE positions will be starling and that will not be good on our part because we need the capacity to implement the resolution. He stated he is pushing back and saying we need to consider this tonight and at least hear the presentation. Then the City Council can take a direction. Councilmember Lawrence-Anderson stated she has thoroughly read all of the information and if you read the resolution about the Public Engagement Manager, it also indicates further that this person is a legislative aide. She noted that Item lOc references one item but when you read the resolution, it references something else so further discussion is necessary and she does not think two weeks is too much time. 'I'herefore, that is her position. Councilmember Ryan stated he concurs with Councilmembcr I,awrence-Anderson on this matter because, again, the City Council has not had a Work Session to lay the groundwork for how we will structure the approach for the Community Safety Resolution implementation. Again, he finds this puts the `cart before the horse' and by imposing a deadline when we should act upon it in a well-organized manner and move f-orward in regular steps promptly. However, we need to lay the groundwork for how this is done. Councilmember Ryan stated he has samc reservations about placing this outside of the purview and control of the City Manager. To him, it is an unprecedented structure that is being offered so the City Council and should have a more thorough review of this completely, stated he is sure those partics who have expressed an interest in assisting the City are not just going to go away because we are setting this back one meeting to do the Work Session to unpack all of the elements. Councilmember Ryan stated again he concurs with Councilmember Lawrence-Anderson but on the unresolved unanswered questions related to implementation, more so than on the budget. Councilmember Butler asked the City Council about the concern in terms of this exact position. She stated she hears the concerns about the structure and that it is different than we've had before with reporting to the City Manager versus the Mayor and we can have a further discussion about that. She is concerned that in some instances, we want to be involved in what is going on in the day-to-day but in other instances, we don't. She thinks the City Council needs to be clear in what they want to be involved in and what they do not and that needs to be consistent. So,if Dr. Edwards decides to add a position, we don't scrutinize it like what is happening right now. 08/23/21 -2- Councilmember I3utler stated she thinks there needs to be a Work Session around the whole resolution, where we are, where we are going, and steps in place because it seems a lot of people are unclear. She stated she has personally asked for meetings with Mayor Elliott and Dr. Edwards so she is clear on what is happening and that is the responsibility of everyone if they feel they are not up to speed. She agrees there needs to be a Work Session about the whole resolution; however, when it comes to this position, as we discussed the last time, we know we need somebody to coordinate the Safety Resolution the City Council passed. She noted Dr. Edwards has been clear that his staff cannot take on this work as they do not have the capacity so it is known we need this position. She asked if we will risk losing two FTEs that are bcing given to us because we need to have one more meeting about this. Councilmember Butler stated she thinks people need to think about it and separate the issue of the resolution and how it is being implemented with this actual position. She thinks all agree that this position is needed to coordinate the work and we need to be clear on what the concern is and separate that. If the issue is who this person reports to, then let's have that discussion but tabling it altogether because we need a Work Session, risks losing the two FTEs that are being donated so that would not be a smart decision. Mayor Elliott stated he has a presentation this evening that gives an update to the City Council on the implementation so far. He thinks that may help to answer some of the questions folks have. i Councilmember Ryan stated since we are on this discussion, he appreciates the comments of Councilmember Butler as it was helpl-uL He stated another concern he has if we go with the structure that is outside the City Manager's purview or, what he prefers, and handle this like a regular RFP. He does not understand why there is a deadline or timeline where if we take another two weeks, the entity offering two F"I'E will just walk. He noted that is something they can be I asked about but also, he would feel better if this was handled like a regular RFP as there may be other agencies who could assist us in this manner as tivell. Councilmember Ryan stated we need to have that discussion and he would feel better if this was under the control of the City Manager. Councilmember Ryan asked how long it would take the City Manager, if instructed by the City Council,to build the capacity needed so we run this as we have with other important efforts of the City given the City Manager form of government we operate under. Mayor Elliott stated these are issues we can address when we discuss these two positions this evening. At that time, it would be more appropriate because then the City Manager and City Attorney can weigh in. He noted that tonight's meeting packet includes the MOLJ, position description, and resolution. Mayor Elliott assured the City Council that the City Manager and City Attorney and he have had many,many meetings and talked through the structure,position,and how it would work. He stated the City Council needs the opportunity to listen to that this evening in an attempt to gain a full understanding of�the work we are doing now and how we need to move forward. Then the City Council can decide. 08/23/21 -3- Councilnlember Ryan stated if the Mayor wants his vote, either whether through as a conventional RFP under the purview of the City Manager or with this new structure where the City Council appoints this Program Coordinator position, he wants this position to report to the City Council, not just to thc Mayor. ���e stated that is his bottom-line condition if Mayor Elliott wants his vote. MISCELLANEOUS COMMUNITY YUI3LIC SAFETY RESOLUTION UPllATF, Mayor Elliott stated he has an update on the Public Safety Resolution and then the City Council will move into the Kegular Session City Council agenda and Open Forum. Mayor Elliott provided a presentation to give an update on the implementation process since the City Council passed the Daunte Wright and Kobe Dimock-Heisler Community Safety and Violence Prevention Act. He reminded the City Council of what that resolution established to create the overall Community Safety & Violence Prevention Department with the existing Police Department and I�ire Department under it and also create the"I�raffic Enforcement Department and Community Response Department. F�e noted the Traffic C;nfarcement Department is responsible for enforcing non-moving violations in the City and the Community Response Department is an un-armed civilian department made up of trained medical and mental health professionals, social workers, and volunteers responsible for responding to incidents where a City resident is experiencing medical mental health disability or other behavioral or social need. Mayor Elliott displayed another slide to give a better visual of the breakdown on what those departments will look like, noting it sets up the Community Safety & Violence Prevention Committee whose job is to ensure there is input at all levels of the implementation process and ensure there is proper review of police union contracts and provide comments during those negotiations that are headed by Dr. Edwards. They also are to make recommendations to the City Council on how to change or initiate programs and policies to improve community safety and prevent violence. Lastly, they are to review and make recommendations on police use of force during the protest and otherwise. Mayor Elliott stated also in the resolution was the implementation of immediate safety-oriented policy changes, namely the citation of someone's policy that requires police officers to issue citations only and prohibit custodial arrests for low-level offenses. These include non-moving traffic infractions, non-felony offenses, and non-warrants. Mayor Elliott stated the basic structure is being set up is the Implementation Committee with various subcammittees that will get into the weeds on the different elements of the resolution. tJnder the Implementation Committee will be a Data Subcommittee focused on looking at all the data we get on public safety, stops, arrests, and citations in the City. The Community Response Subcommittee will focus on setting up all the programs and different types of responses that will cmanate out of the Community Response Subcommittee. That includes the mental health team response. As an example, in other cities, there are community folks, such as elders, who can respond if there is conflict. Another exainple of community response is a mediation center dealing with neighbor-to-neighbor conflict in the city or conflict between people that do not necessarily 08/23/21 -4- require a police officcr to show up. Mayor Elliott stated there will be a Civilian "I�raffic Enforcenlent Subcommittee to look at what types of policies necd to be put into placc. Ile stated the Community Department of Safety Subcommittee will liouse all of our public safety programs. Mayor Elliott stated in terms of citation and summons, a policy l�as been drafted and is currently with the City Attorney and Prosecutors and they hope to have that policy implemented shortly. He noted the resolution called for that policy to be implemented forthwith but it has taken some time to work through the State Statutes and make sure it is in alignment with all the laws and all stakeholders are involved and part of the process of setting up that policy. Mayor Elliott explained that policy says instead of arresting people, we are going to issue them a citation and let them have their day in court. The significance of this policy is that if similar policies had been in place, it would have allowed the police to simply issue a ticket and walk away from George Floyd, Eric Garner, Mike Brown, and many other folks who have been killed after the police used deadly force in trying to make an arrest for rather low-level offenses. "This is an area where we have made a lot of progress and hope that policy will be implemented soon and the City Council will be able to see progress in that area. Mayor Elliott next presented the timeline, noting that over the past three months,they have created and posted the Implementation Committee application on the City's website; drafted the Cite and Summons Policy; secured funds in collaboration with FUSE valued at $300,000 for two positions to help us move forward in the work we are doing with implemcnting the resolution recognizing fully that we don't have all the resources we need as a city in terms of money to fully staff all of the programs so they are working to secure additional funds to help fully implement the work; and, he along with Dr. Edwards and the City Attorney have been working with potential partners including FUSE and LEAP, an organization that works with municipalities on public sa�ety reform. Mayor Elliott stated a former chief of policc had spoken and testified at one of the Community Listening Sessions and they have met with his organization as well to provide some technical assistance and support for the implementation work. Mayor Elliott displayed the job descriptions ior the two FUSE-funded positions. He stated those positions are posted online and people have started to apply. The first position will be focused on using data to enhance transformative public safety reforms and help us make sure we are gathering all the key important data needed to drive the conversations we will have in the Implementation Committee and its Subcommittees and help us shape our public safety reform. Also to look at how we use the data to drive the decisions we make in crafting policies, setting up new programs, and types of investments we make in public safety. The City will partner with FUSE and this position will be a quasi-data chief that will be hired by FUSE, not the City, and then assigned to the City of Brooklyn Center. The job is to harness the data so we can effectively tell a story of our public safety current realities and where we are driving towards. Mayor Elliott stated the second position is focused on building an equity-driven and culturally 08/23/21 -5- responsive governmcnt through authentic community engagement focused on the work of the Implementation Committee. It is aboul building trust through this position with the community, building partnerships with residents across all the different spectrums in terms of diversity, and ensuring they are viewed as the decision-makers and co-designers in the City processes and policies. This position is also posted and both positions will be assigned to the City for one ycar and potentially two ycars. Mayor Elliott stated I�USE is currently working with a handful of other cities that are all big cities like Seattle, Houston, and Milwaukee. FUSL does not typically work with cities of our size. But, because of the bold step we took to pass this resolution, they decided to come on board to help us by providing resources fully recognizing we need support to fully implement the resolution. Mayor Elliott displaycd the website where the two job applications are posted. Mayor Elliott presented the timeline going forward, noting they have started with community outreach and he has been working with community partners like Barbershop & �31ack Congregation Cooperation of Isaiah (I3I3CC) and he spoke yesterday to the congregation at Do Not Miss Church here in Brooklyn Center. I ie stated 20 people expressed interest in signing up for the Implementation Committee and being involved with the work we are doing. There are three or four more community outreach engagements over the next several weeks to make sure folks are informed and the application is available where they are. I�e noted that many people took applications yesterday and they are hoping more will be submitted as a result of this outreach. Mayor Elliott stated part of the outreach is a community update Town Hall event on September 9, 2021, from 6:30 to 8:30 p.m. at the Centennial Hall Amphitheater. It will be an opportunity to update the community on what has been happening with the implementation as well as an opportunity to recruit and give people the applications for the Implementation Committee. Mayor Elliott stated on September 15, 2021, they anticipate they will start the interview process for those who have applied to the Implementation Committee. Then on September 27, 2021, he will have appointments for the City Council to approve during their meeting. It is anticipated that on September 29, 2021, they will have the Implementation Committee's first meeting and on October 4, 2021, the Project Coordinator will start. He noted these times may be adjusted slightly to make sure the Project Coordinator is on board before the Committee's tirst meeting. Mayor Elliott stated on October 25, 2021, the two FUSE executive fellows (data position and engagement position) will begin their work in Brooklyn Center to focus on the work of the Impleinentation Committee. On October 30, 2021, they anticipate they will work with some of the implementation partners to provide technical, facilitation, and law enforcement-focused technical assistance. LF,AP is one of the partners they have met with and they work with partners on crafting public safety policing policies, reform, and also alternative community response models. They have been in conversations with LEAP and are looking at working with them starting around October 30, 2021. On November 8, 2021, the Implementation Committee will present a brief initial report to the City Council on what they are working on and what the trajectory looks like in the coming months. That will be followed by additional reports to the City Council. Mayor Elliott stated it is critically important t}1at we are getting the capacities needed now to be 08/23/21 -6- able to get all of this work done, timeline it out in a way to implement the resolution, and update �'� the community and City Council regularly and timely fashion. He noted there is a ton of work to do here and it has been several months since the resolution was passed so they need to move 'I torward to get the additional capacities needed so they can be effective in the work the City Council �� has approved. Mayor Llliott stated that is a brief update on the work they have done and the timeline going I forward. He asked whether the Councilmembers had any questions, comments, or suggestions. Councilmember Lawrence-Anderson stated she did not know about much of what was just presented or the dates for the process that is in place right now. She does not know that the City Council has been in the loop on any of this. She stated this is new to her and she is concerned and would like to ask Dr. Edwards a guestion. She indicated she still has grave concerns over the '� method of this presentation and its addition to the 2022 budget when this could have been a line item included when we had our budget discussion with the Financial Commission a few weeks ago and talked about the Administration budget. Councilmember Lawrence-Anderson stated she is concerned we are potentially voting in favor of this tonight and automatically approving this for the next budget year at the risk of existing staffing within our budget. �I Councilmember Lawrence-Anderson requested permission to ask Dr. Edwards about logistics. Mayor Elliott stated this is an update on the implementation so far and the discussion on those two �', positions will have an opportunity for Dr. Edwards and the City Attorney to comment on. He stated � this is an opportunity for the City Council to see what the timeline looks like. He stated we so � desperately need this capacity in place so the City Council can get more regular updates. That is one of the things the Project Coordinator will help build out the capacity to do just that. Councilmember Lawrence-Anderson stated this presentation during the Administration budget I� meeting from a couple of weeks ago would have been more timely than placing it before the City Council the night they are voting. She asked Dr. Edwards, as it has been presented to him in multiple meetings with the Mayor and City Attorney, are these viable and can we support and �� aiford these new positions at this time. She asked Dr. Edwards to comment on a timeframe in which we can successfully implement everything being proposed, which seems to be a bit lofty. Councilmember Lawrence-Anderson stated she is not opposed to making changes to our Public Safety Department but she is questioning how we are doing this. She feels a bit rushed with the vote tonight when she would prefer, as she said in the last meeting,a separate Work Session should be held and then bring it to a vote. Dr. Edwards stated from a fiscal perspective, he anticipates in the next budget meeting being able to present, as part of the overall budget, some funding for a Coordinator/Manager for beginning some type of capacity for the resolution and things it calls for. That is the extent, from his perspective, of what we can afford. Dr. F,dwards explained that one position would move us substantially as far as a levy increase. 08/23/21 -7- Mayor Elliott stated he anticipatcs Dr. Ldwards will provide the City Council with information but in terms of this presentation, he would like to close out the Study Session. "I'hen the City Council can move to the Regular Session and talk about the positions and costs and things like that so the City Council is well informed before making a decision. He stated he didn't mean to cut off Dr. f:dward's comments but felt this was getting into a discussion about the positions themselves when this portion of the agenda is focused on the update. Mayor Elliott stated if it is alright with Councilmember Lawrence-Anderson, we will come back to that and have the City Manager provide the requested information. Councilmember Lawrence-Anderson stated it is critical for the people listening and watching this evening to know whai one position will do to the levy. This is pertinent inf armation and the public, as the taxpayer, has the right to that information before the City Council voting on a topic. Mayor Elliott stated he could not agree more. AllJOURN STUllY SESSION TO INFORMAL OPEN FORUM WITH CITY COUNCIL Mayor Elliott adjourned the Study Session to Informal Open Forum at 7:19 p.m. S"I�ATE OF MINNESOTA) COLJNTY OF HENNEPIN) ss. Ccrlif cation oi�Minutes CI"I'Y OF BROOKI�YN CEN"I'F,R) The undersigned,being the duly c�ualified and appointed City Clerk of the City of Brooklyn Center, Minnesota, certifies: 1. That attached hereto is a full,true,and complete transcript of the minutes of a Study Session of the City Council of the City of'Brooklyn Center held on August 23, 2021. 2. That said meeting was lield pursuant to due call and notice thereof and was duly held at Brooklyn Center City Hall. 3. Z'hat the City Council adopted said minutes at its September 13, 2021, Regular Session. � � �l � — Barbara Suciu, City Clerk Mike Elliott, Mayor 08/23/21 -8-