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HomeMy WebLinkAbout2021 11-22 CCM REGULAR SESSION MINUTES OF THE PROCELDINUS OF "I'HE CITY COUNCIL OF THL CITY OF BROOKLYN CI?NTF,R IN THE COUNTY ' OI� III?NNEPIN AND THI; STATF OF MINNESOTA ��, REGULAR SI:SSION � NOVEMBER 22, 2021 � VIA 700M 1. INFORMAL OPEN FORUM WITH CITY COUNCIL CAI,L "1'O ORDER INFORMEIL OYEN FORUM The Brooklyn Center City Council met in Informal Open Torum called to order by Mayor Mike Elliott at 7:10 pm. ROLL CALL Mayor Mike Elliott and Councilmembers Marquita Butler, April Graves, Kris Lawrence- Anderson, and Dan Ryan. Also present were City Manager Reggie Edwards, Acting Finance Director Andy Splinter, Comrnunity Development Director Meg Beekman, City Clerk Barb Suciu, and City Attorney Troy Gilchrist. Mayor Mike Elliott opened the meeting for Informal Open Forum. Lori B. stated allies have been advising residents in Brooklyn Center. If the Council wants to look at outside influences, then they should look at the �3rooklyn Center Police Department. Although not one Brooklyn Center police officer lives in Brooklyn Center, they are deciding how tax dollars are spent. Golden Valley allocates 28 percent of their budget to law enforcement, Crystal allocates 18 percent of their budget to law enforcement, Fridley allocates 15 percent of their budget to law enforcement, but Brooklyn Center has proposed to allocate 41 percent of their budget to law enforcement in 2022. Yolice do not prevent crime; they react to it. Lori B. stated they used to be concerned about the drinking water, but now they are talking about their children being killed at the hands of the police. The City needs to fund the Daunte Wright and Kobe Dimlock-Heisler Community Safety and Violence Prevention Act so thcy can get back to discussing their schools, opportunities, employment, housing, and things that will give back to the community. Janet T. stated she has lived in Brooklyn Center for 35 years, been a captain of National Night Out for 16 years, and is concerned. The residents in Brooklyn Center in the area of Lane and 63rd are very concerned for their lives with the shootings and the violence that continues to go on. They are concerned about the reduction of police officers as Brooklyn Center is down to 19 officers. Janet T. stated they do not want to have money taken from the police services to fund the Mayor's three positions. She stated people are fearful for their lives with the Kim Potter trial coming up. Mayor F,lliott reminded people to not interrupt one another. 1 1/22/21 -1- Janet T. asked if there are an lans re ardin T the u comin = trial and reventing riots or more I YP g b � � P dcaths. Lori Best stated she has been a citizen of Brooklyn Center 1or 30 years. She stated the protestors have the right to a peaceful protest, but asked if they can implement a curfew during thc upcoming trial. "I'anya J. asked why they are discussing properly over people when it should be people over property. A curfew would not have to be iinplemented if the City were not corrupt and accepted the worst outcome. She stated Kim Potter is going to be found guilty of a lesser charge than the il�urder of Duante Wright. A curfew is unnecessary as anything that can be done at night can also bc done during the day. She stated they should talk about why the Daunte Wright and Kobe Dimlock-Heisler Com�nunity Safety and Violence Prevention Act has not been implemented as it has been over six months. If�the City implements a curfew,then they are going to need the National Guard because the City knows how its residents feel about curfews. Sh� stated the residents will not abide by the curfew because the power of the people will not stop when it comes to Duante Wright. A resident stated they necd the National Guard to come to Brooklyn Center. "l,anya J. stated the Police Department would not necd a Ience if they acted correctly or did not have corruption within their system. A curfew is unnecessary as they are grown, adults. n resident asked if the comments could be turned on ior those who are not speaking to engage with one another. Mayor Elliott stated the comments have devolved into inappropriate conversations in the past, so the Council has decided to leave commenting turned off. Tanya J. stated she sees her questions are not going to be answered by the Council and added curfews are unnecessary. The City has the funding to implement the Daunte Wright and Kobe Dimlock-Heisler Community Safety and Violence Prevention Act, and no other discussion is as important as ensuring the Resolution is fully funded. She added people are overreacting. Christian R. stated he is a lcader with the Barbershop and Black Congregation Cooperative, and he lives in Brooklyn Center. He noted his support o1�iully funding the Daunte Wright and Kobe Dimlock-Heisler Community Safety and Violence Prevention Act. Brooklyn Center has a chance to do something revolutionary, so they must not hold to fear. They have a chance to make everybody feel safe and to have the proper responses going forward. Christian R. stated the entire nation is watching Brooklyn Center and asked Mayor Elliott and the Council to lead boldly. Matt O. of Luther Auto thanked the Council for the meeting last week to hear the concerns of the residents. With the police force numbers being down, F3rooklyn Center does not have an active unit addressing street crimes and preventing violent crime. He noted there has been a 48%increase in violent crime since 2019. Additionally, there is not an officer assigned to auto theft currently. As a large employer, I,uther Auto wants its employees to feel safe coming to work in Brooklyn Center. He encouraged Mayor Elliott and the Council to fully fund the Police Department. 11/22/21 -2- Bri S. stated she works as a bus driver in Brooklyn Center and daily drives past Brooklyn Center I Police Department. She added she is also a volunteer with Barbershop and Black Congregation Cooperative. She noted her support of fully funding the Daunte Wright and Kobe Dimlock-Heisler Community Safety and Violence Prevention Act. Having worked very closely with youth in the community, she has seen the emotions they experience whenever there is an unarmed killing of a Black person. She stated they feel dejected and worried they are about their futures. She has seen students go from open and loving to being shut in within themselves. If the youth see the Daunte Wright and Kobe Dimlock-Heisler Community Safety and Violence Prevention Act fully passed, then they can see the future Brooklyn Center. As the students get older, they begin to participate more in and feel a connection to their community if their community is pouring back into them. Fully funding the Act shows that the City fully cares about its students. Jean L. stated he is supportive of fully funding the Daunte Wright and Kobe Dimlock-Heisler Community Safety and Violence Prevention Act and explained he wants to remind everyone of the human element of that. The house that is over his head is in Minneapolis, but he spends 90% of his time in Brooklyn Center and Brooklyn Park. Most of the relationships he has been in Brooklyn Center. In thinking about the new Public Safety Department and what it means, he thought of a time when he was jogging home one night and ended up in a domestic altercation. There was a domestic altercation between a young, pregnant girl and her partner. As he was separating the two of them, he didn't know what to do. There was not a simple answer about who to call to respond to the situation. Some people say the police prevent crime, but he stated he would challenge those people to rethink their definition of public safety. He explained they do need police in their communities and for police to do their jobs, but there need to be alternative responses. Ultimately, it is a public health issue. Jean L. stated he does not know what would have happened if the police would have responded to the situation rather than him and some neighbors. The man in the altercation had a flight response, and he could have been the next man shot. Jean L. stated they need appropriate responses for every type of situation. While he lives in Minneapolis, Jean L. explained the majority of his potential interactions with law enforcement happen in Brooklyn Center. He stated the common-sense option is for the Council to take steps towards fully funding the Daunte Wright and Kobe Dimlock-Heisler Community Safety and Violence Prevention Act. Joy asked why they are talking about buildings. In hearing about proposed developments, she asked what community engagement efforts have taken place. She asked when the community would have an opportunity to provide input on the buildings and what the point of the current open forum was. Mayor Elliott stated the public can ask questions and the Council can ask clarifying questions in return. Sometimes if the Staff has a brief answer, they can also shed light on that. Generally speaking, residents can ask a question, and it typically goes unanswered in the forum. He explained those are the Council's rules for the public forum. Mayor Elliott stated they will follow up about answers to Joy's questions about community engagement and the Sears building. Joy asked what percentage of the community was engaged in the process and noted it is important to have a high level of community engagement. She added there was a comment on taYes and how the taxes would increase because the property is vacant,but looking at the tax structure in Brooklyn 11/22/21 -3- Center, industrial taxes are lower than residential taxes. Therefore, she does not see how the proposed development would benefit the community as a whole. Joy stated someone made a comment about 63"�and Lane which is actually in�3rooklyn Park. She noted she appreciates folks that work in their community or spend a lot of time in�3rooklyn Center because that goes a long way. It is concerning to hear the Council leaning so heavily on opinions of staff who do not live in the City. Matt acknowledged the Mayor has a tough job and must-see various perspectives. He stated his businesses have been looted twice. Matt asked Mayor Elliott if he is saying the police in Brooklyn Center does not matter. Mayor Elliott stated he is not saying that. Matt stated if he were a law enforcement officer, he would be scared because the Mayor doesn't sound like he supports them. Matt stated if the Council cuts the Police Department budget more, then law enforcement won't want to work in the City. He asked what would happen if his house got broken into and there was no law enforcement available to respond. Matt stated in reallocating the budgeted yet unfilled law enforcement to other items,they are saying that they do not believe they can fill those police officer positions. He noted it makes sense at a high level, but it says that they do not care about their police because the money is not going to go back to them. Matt asked if the City steps out to do something radical, what happens if it fails and someone dies. He stated his employees have called the police many times only to have no one respond and that it is a scary situation to be in. Matt asked everyone on the call to consider a scenario where their house is broken into, someone steals their little girl or their TV or their merchandise, 911 is called, and no one shows up to help. The men and women in blue may need more training, but they are good people. A previous presentation said, "what you fund is what you value." In cutting funding to law enforcement, the City is saying they do not value them. It is very obvious to everyone that the Council does not care about law enforcement. Matt stated no other city has accomplished what Brooklyn Center is trying to do. He stated it is not the right time, it is not the right City, and it is not the right thing to do. Matt added he would like to return to the farmat of previous meetings as there is no order with the current meeting setup. Shanna W. expressed her excitement in seeing so much engagement and participation. She stated she is a community leader with Barbershops and Black Congregation Cooperative and grew up in Brooklyn Center. She explained it has been an honor to work, live, and serve in Brooklyn Center. Shanna W. noted Matt swore in his statement, and she wanted to make sure the Council is being consistent in how they uphold rules in the space because someone was held accountable earlier far swearing. Shanna W. stated the conversation around policing and public safety has been largely misguided and misunderstood. It seems that people either want reform and are against the police or are supportive of the police and want to take no action at all. She stated it is, however,not an accurate picture of what is going on. This Resolution is also to support and provide additional tools and resources to the police. "Therefore, it is an insincere and inaccurate representation that Mayor 'i Elliott does not care about the police. Brooklyn Center is trying to take a step to create meaningful � resources to support law enforcement with mental health specialists or other tools. She stated they 11/22/21 -4- need to take a step back and relrain from making the discussion so watered down and as simple as bcing for or against the police. Everybody is for safety and commitment to their communities. Sha�iva W.noted Matt asked if there have been alternative responses foi�police. She stated Reuters did a study on Minneapolis about alternative responses. There is an Af-rican proverb that says, "if you only have a hammer, every problem looks like a nail." If the community's only response option is law enforcement, then they are asked to be psychiatrists and could therapists and community healers. This Resolution is saying the community needs a more well-rounded response, but no one is disregarding the significance of the police. Police feel targeted in the public asking for alternative responses and resources. There are many times she has heard of her family not receiving a response from law enforcement when called, so that concern is real for a lot of people. Shanna W. stated they are all proponents of safety, but the Resolution is trying to make a inore sensible, well-rounded response to public safety. Portland and a city in Wisconsin have adopted approaches that incorporate mental health specialists and social workers into the response, and those have shown wonderful outcomes. This would allow difl-erent components of the community to work in sync rather than have reductive, surface-level conversations about not supporting the police. Sohmma G. stated she is a leader with Barbershops and Black Congregation Cooperative and noted her agreement with Shanna W. She explained she is a single mother of three young adults, and she would be crazy to think they would be safe without police. However, the police is not a one- stop-shop which has resulted in negligent behavior. They nced to provide law enforcement with more resources. If people are actively listening to discussions,then they would not believe anyone wants to eliminate the police. At a workplace,there are different departments with different duties. All that is being said is that law enforcement should handle what they are trained to handle then other trained professionals can handle the other issues. Mayor Elliott stated he appreciates the public comments and explained they would continue comments after completing the agenda items Hearing no objection, Mayor Elliott closed the Informal Open Forum at 7:50 p.m. 2. INVOCATION Councilmember Ryan waived his invocation in the interest of time. 3. CALL TO ORDER REGULAR BUSINESS MEETING The Brooklyn Center City Council met in Regular Session called to order by Mayor Mike F,lliott at 7:51 p.m. 4. ROLL CALL 11/22/21 -5- , Mayor Mike Elliott and Councilmembers Marquita Butler, April Graves, Kris Lawrence- Anderson, and Dan Ryan. Also present were City Manager Reggie Ldwards, Acting Finance Director Andy Splinter, Co�n�l�unity Development Director Meg I�eekman, City Clerk Barb Suciu, and City Attorney Troy Gilchrist. S. 1'LEDGE OF ALLEGIANCF, 'I'he Pledge of Allegiance was recited. (. APPROVAL OF A(�I+'�NDA AND CONSENT AGENllA Councilmember Lawrence-Anderson stated there was one brief change she would like to make to the meeting minutes. She suggcsted adding "plan for the City Manager" at the end of a sentence in the Study Session Meeting minutes regarding the succession of the City Manager. Councilrnember Lawrence-Anderson moved and Councilinembcr IZyan seconded to approve the Agenda and Consent Agenda, as amended, with amendments to the Study Session Meeting mi�lutes of November 8, 2021, and the following consent items were approved: 6a. APPROVAL OF MINUTES 1. November 8, 2021 — Study Session Meeting 2. November 8, 2021 —Regular Session Meeting 3. November 8, 2021 —Work Session Meeting 6b. LICENSES GASOLINE SERVICE STATION Royalty & Sons / Soad Dandal 6044 Brooklyn Boulevard DBA Brooklyn BP Brooklyn Center, MN 55429 LIQUOR LICENSE CLUI3 �lmerican Legion Post 630 6110 Brooklyn Boulevard I3rooklyn Center, MN 55429 LIQUOR LICENSE OFF-SALE 3.2% Diamond Lake 1994 Inc 3245 County Road Number 10 DBA Cub Foods Brooklyn Center, MN 55429 LIQUOR LICENSE ON-SALE 3.2% Brooklyn Center Restaurant Inc. 5524 Brooklyn Boulevard DBA 50's Grill I3rooklyn Center, MN 55429 Davanni's Inc 5937 Summit Drive DBA Davanni'a Pizza& Ilot }�oagies Brooklyn Center, MN 55430 LIQUOR LICENSF. ON-SALE INTOXICATING 1 l/22/21 -6- Apple Minnesota Partners Inc ]400 Shingle Creek Crossing DBA Applebee's Neighborhood Grill �3rooklyn Center, MN 55430 Bayou Crab Shack 1360 Shingle Creek Ci•ossing DBA Captain Crab Brooklyn Center, MN 55430 Brooklyn Hotel Yartners 6300 Earle Brown Drive DBA Embassy Suites Brooklyn Center, MN 55430 Jambo Africa Restaurant and Bar 1601 Freeway Boulevard Brooklyn Center, MN 55430 LIQUOR LICENSE ON-SALF INTOXICATING SUNllAY American Legion Post 630 6110 Brooklyn Boulevard Brooklyn Center, MN 55429 Apple Minnesota Partners Inc. 1400 Shingle Creek Crossing DBA Applebee's Neighborhood Grill Brooklyn Center, MN 55430 Bayou Crab Shack 1360 Shingle Creek Crossing DBA Captain Crab Brooklyn Center, MN 55430 Brooklyn Hotel Partners 6300 Earle Brown Drive DBA �mbassy Suites Brooklyn Center, MN 55430 Jambo Africa Restaurant and I3ar 1601 Freeway Boulevard Brooklyn Center, MN 55430 LIQUOR ON-SALF WINE Brooklyn Center Restaurant Inc 5524 Brooklyn Boulevard DBA 50's Grill Brooklyn Center, MN 55429 Davanni's Inc 5937 Summit Drive DBA Davanni'a Pizza& I Iot Hoagies Brooklyn Center, MN 55430 MECHANICAL LICENSES All I'ride Plumbing 21930 Heidelberg Street NE Stacy, MN 55079 Wencl Services 8148 Pillsbury Avenue S Bloomington, MN 55420 Wenzel I�eating & A/C. 4145 Old Sibley Memorial Highway Eagan, MN 55122 TOBACCO-RELATED PRODUCTS 11/22/21 -7- Holiday Station Stores 6890 Shingle Creek Parkway Brooklyn Center, MN 55430 Royalty & Sons / Soad Dandal 6044 Brooklyn 13oulevard DI3A I3rooklyn �3P F3rooklyn Center, MN 55429 RENTAL INI77AI. (7'YPF 111 one year license) 1800 57th Avenue N Zenaldo & Carmela Alonso Contreras RENEWAL (7'YPE IV � .ti•ix-rf�onth licen.se) 5700 Camden Avenue N Quality Residences/Danmark Properties RENEWAL ("I'YPE III � one year license) 1510 69th Avenue N Marsha Darnell 7256 Unity Avenue N Unity Place CHDC LTD Partnership 7148 Morgan Ave N Fred Hanus 6430 7'oledo Ave N David Habimana/Touchstone i � I ro erties LLC P RENEWAL (TYPE II—two year l�cense) 2113 SSth Avenue N IH3 Property/ Invitation Homes 6119 Beard Avenue N Konrad Wa ner/ Wa ner Pro ert g g P Y Rentals 6430 Indiana Avenue N Omolooa Akinsoji /Newdoor Property LLC 6900 Regent Avenue N Houa Her 6937 Unity Avenue N Wells Bovard 819 Woodbine Lane FYR SFR Borrower RENEWAL (TYPI�1- �hree year license) 5524 Knox Avenue N Michael Ude 5912 Xerxes Avenue N Jesse MacDonald 11/22/21 -8- 6c. RESOLUTION 2021-143 ACCEPTING BID AND AWARDING A I CONTRACT, IMPROVEMENT PROJECT NO. 2021-18, LIFT STATION 8 REHABILITATION PROJECT 6d. RESOLUTION 2021-144 ACCF,PTING BID AND AWARD CONTRACT I FOR DIESEL EXHAUST CAPTURE SYSTEM FOR BOTH FIRE I STATIONS Motion passed unanimously. 7. PRESENTATIONS/PROCLAMATIONS/RECOGNITIONS/DONATIONS I 7a. OPPORTUNITY SITE PILOT PROJECT - COMMUNITY ENGAGEMENT UPDATE City Manager Dr. Edwards introduced the item and invited Community Development Director Meg Beekman to make the presentation. Community Development Director Meg Beekman stated at the June 28, 2021, meeting, the City Council approved moving ahead with a community engagement process related to the Opportunity Site. The engagement process would focus on the initial pilot development project being led by developer Alatus. The approved engagement process authorized staff to enter into contracts with up to 10 local community-based organizations to lead community engagement efforts. As part of this work,a citizen advisory task force was to be formed,which would distill the larger engagement efforts and work to identify a term sheet for the development, which would form the basis of a community benefits plan. The city contracted with NE00 Partners to manage the engagement effort and provide technical assistance to the local community partners conducting the engagement work. In addition to leading their community engagement efforts, African Career Education & Resource, Inc (ACER) was contracted to form and facilitate the citizen advisory task force. Ms. Beekman explained much work has been accomplished since June. Community partners have been out in community door-knocking, holding focus group sessions, and larger community listening sessions. ACER has convened the citizen advisory task force and they have begun their work. NE00 Partners and ACER, Inc will be presenting an update to the Council on their work and discussing the next steps this evening. She added they will be available for any questions as well. Christina Berry, Senior Partner with NE00 and Engagement Manager for the Opportunity Site, explained her role has been to work closely with community partners who were selected through a request for proposal process. She showed a slide depicting the master plan framework for public engagement. The engagement process began in late August of 2021 and included meeting with groups and in one-on-one settings. Since then, they have met collectively five times to provide updates on the project. Many of the partners have invited the development team to meetings to discuss the project. The community engagement that has happened includes door-knocking, live community circles, and consensus-building. The community partners include Africans United, 11/22/21 -9- Minnesota Institute for Nigerian Development, Minnesota 7ej 7og, Minnesota African Coalition, the Brooklyn Bridge for Youth Alliance, the Liberian Business Association, and ACER. Ms. Berry stated the community partners have received feedback from the community. A common concern was how residents would be directly impacted or benefited due to the Opportunity Site. People asked how immigrant and BIPOC communities would be considered in the site and how they would make it a safe, comfortable environment for the entire community. Additionally,there has been a lack of Black contractors and handymen in the development of the Opportunity Site. There is a strong desire of residents to have ownership of the Opportunity Site. Residents are excited about the Opportunity Site and would like more opportunities to be a part of it. Furthermore, they would like to see the Opportunity Site support the arts and local small business owners. There is the support of the small business owner incubation program and a widespread desire for programs related to financial literacy, mental health, and youth learning about their culture. Additionally, they would like increased accessibility for day-to-day needs. There are concerns about the location and placement of the Opportunity Site, how it could affect housing, if it would be family-friendly,public safety, intentional ADA accessibility, and cleanliness. Ms. Berry stated, in terms of impact, there have been 200 Hmong residents, 70 students in the Brooklyn Center High School Early College Academy, approximately 10 Asian businesses, and over 100 African immigrants reached. They expect the community engagement efforts to wrap up at the end of the year and for deliverables to be complete after that. It is meant to inform the developer about implementing the ideals listed in the results. Nelima Sitati Munene, Executive Director of ACER, introduced hersel£ She stated a Community Benefits Agreement (CBA) is a project-specific agreement between a developer and a broad community coalition that details the project's contributions to the community and ensures community support for the project. Addressing a range of community issues, properly structured CBAs are legally binding and directly enforceable by signatories. The task force was created as a necessary means of creating a CBA and was based on the City's values of creating equitable outcomes. ACER sent out invitations to local business owners, renters, organizations, homeowners, and the wider community of stakeholders to apply to be a part of the task force. The task force currently consists of 13 individuals that represent a range of Brooklyn Center entities and residents. Ms. Sitati Munene stated the components of a Community Benefits Agreement include enfarceable provisions such as potential remedies which are available if the signed agreement is not fulfilled and two different sides where the community gives support of the project and the City and developer agree to produce outcomes that create true benefits for the community. Then usually one or two organizations and some community members come together to form an entity. Ms. Sitati Munene noted there have been two task force sessions so far. The first meeting set levels and laid the groundwork for how the task force would work moving forward. The second i session covered the overall process, expectations for the Opportunity Site, and structure of the task I force. 11/22/21 -10- Ms. Sitati Munenc explained this project dictates that the City use this opportunity to address community concerns that have been difficult to address so far, from the beginning to the end and not just in the final product. Some of the main points the task force has discussed includc at�lordable liousing Ior the people who need it the nzost, using liomeownership as a wea1t11-buildiiig strategy for the community member to whom mortgages have been out of reach, ininimum minority and women contracting requirements, hiring women and minority workers,job training to prepare for construction and future jobs, opportunities for affordable �ommercial space and community ownership, and the first right to hiring from future employers and providing services that the community needs. Ms. Sitati Munene stated the future sessions will assess what is missing so far in the process. 7'hey need a better understanding of what agreement the City has with the developer in their contract, to create a structure that will maintain the work and conversations to create and negotiate the CBA going forward and to create an overall summary of the engagement strategies and analysis. Councilmember Ryan asked Ms. Beekman if the Opportunity Site was being funded out of Tax Increment Finance District Three funds. Ms. Beekman stated Councilmember Ryan was correct. Councilmember Ryan stated the Council passed a majority vote that capped spending on community engagement efforts. Ms. Beekman stated she would not characterize that vote as a spending cap, but the process was approved by the Council and the Council authorized spending up to a certain amount of dollars. Councilmember Ryan stated he is concerned about the community engagement process reaching all parts of the community, such as those who do not have professional organizations reaching out to them to solicit their interest in and opinion on the Opportunity Site. He noted a couple of years back there was a large gathering for community engagement at the library, but there was still concern not enough engagement had been undertaken. Councilmember Ryan stated he has not seen the Latino community engaged in the discussion. Ms. Beekman stated the engagement process has been going on for several years and has happened in phases. The earlier, broad-reaching sessions were towards the beginning of the process and produced guiding values from the community. From therc, there was a phase of pop-up meetings to have the community prioritize and distill the values. In that portion, there were concerns that not all segments of the communities were being reached through traditional pathways. The task force was formulated to address the gap in engagement. The development team is planning a series of community-wide meetings to be held both in-person and online to share the concept and get feedback from the community. She added there is a website that has been recently updated that was built out to provide information about the process, and they have asked the developinent team to build a site of their own. Overall, community engagement has been intentional, high touchpoint efforts. Councilmember Ryan stated he appreciates the efforts in outreach and noted it seems like they are trying to avoid leaving anyone out of the engagement process. Ms. Beekman stated this is an investment in building infrastructure and community. In terms of the Sears site, it is a different situation because it is privately owned rather than owned by the City. However, the City can continue to have conversations with the owners of the Sears site to encourage community 11/22/21 -11- J' 1 ' en a c,ment and assist in settin u o ortunities for that. Councilmember R an noted he believes b b g p P� Y the Council is interested in moving forward with the proposed plan for the Sears site if there will be suf-iicient community engagement. He thanked Ms. I3eekman for her efforts. Councilmember Lawrence-Anderson asked Ms. Bcekman if the information is in alignment with the information received at the last meetin� by Julie Kimble. Ms. �3eekman stated when they are doing development, they are balancing feasible realitics of the market with the community information that is produced through a robust engagement process. The Opportunity Site is a larger site that includes parks and various types of land use. The City is trying to diversify its land use and increase its tax base. The Sears site is an opportunity to do a project without using City dollars and is ready to move forward whereas other sites take a longer time to develop. Not every site is going to be able to deliver every goal, so they are trying to meet as many goals as possiblc across sites. Councilmember Lawrence-Anderson tllanked Ms. Beekman, her teain, and the partncrs ior all of their work. Councilmember Graves thanked the presenters for their work and Staff working with community partners. She noted it is important to distinguish the diiference between City-owned and privately owncd property. Councilmember Graves moved and Councilmember Ryan seconded to accept the presentation Opportunity Site Pilot Project - Community f�ngagement Update. Motion passed unanimously. 7b. COVID PRESENTATION Dr. I?dwards stated the Council has previously discussed when to meet in person. �-�e explained Fire Chief Todd I3erg was there to present on COVID-l9 in Minnesota. He added the COVID Resolution related to meetin� virtually sunsets on Dccember 7, so the Council will have to decide on that. Fire Chief Todd Berg stated 3S million people in Minnesota have at least one vaccine dose and 60 percent of Minnesotans have a complete vaccine series. The age group of people over 65 has the highest rate of vaccination. Hennepin County is at 67.7 percent vaccinated. There have been 44,033 hospitalizations in the stated, 8,814 of which were in the ICU. 14.5 million tests have been completed in Minnesota, and Minnesota only has a population of around 5 million. 7'here are about 45,000 Minnesotans currently diagnosed with COVID-19. The numbers were higher a year ago, but thcy are not great currently either. The children and the unvaccinated are driving up the numbcrs. Chief I3erg noted cumulatively, Minnesota has lost 9,192 people due to COVID-19. Hennepin County has had 171,633 positive cases of COVID-19 since the beginning of the pandemic. So far, therc have been 2,004 deaths in Hennepin County due to COVID-19. Brooklyn Center has had 5,715 cases of COVID-19 and 55 deaths due to COVID-19. In the past week, there has been an increase of 131 cases and 1 death in Brooklyn Center. As of November 11, Brooklyn Center 11/22/2 l -12- represents 2.51 percent of the I-�ennepin County population, 3.3 percent of the County's cases, and 2.7 percent of the deaths due to COVID-19. Chie1� I3crg showed a chart about the age demographics, i�ace and ethnicity, aiid vaccine breakthrough cases. Approximately 2.569 percent of fully vaccinated Minnesotans have had COVID-l9 since being vaccinated, with 0.11 percent resulting in hospitalizations and 0.019 percent resulting in deaths. Brooklyn Center used to have the highest rate of cases in Hennepin County, but now they are in the middle of the pack. Chief Berg stated the Council could return to in-person meetings inside the chambers, but considering there were up to 82 people present at the City Council meeting that evening, the chambers would bc unable to hold that amount. Every comparable, neighboring city is meeting in person again, except for Golden Valley meet both in-person and with a hybrid model. Councilmeinber Lawrence-Anderson stated the quick temperature tool is used in many facilities and asked if that is something that could be implemented. Chief Berg stated the City has temperature scanncrs. Additionally, the City buildings still have mask requirements ancl the City rooms could be set up to accommodate social distancing. Councilmember Ryan asked if in-person meetings could be safe and if the City improved its air circulation system to mitigate some of the COVID-19 risks. Chief Berg confirmed that the air circulation was updated to support new staudards. He added he believes in-person meetings can be set up safely. He encouraged everyone to get vaccinated. Councilmember Ryan stated he hopes they can return to meeting in person on the first of the new year, if not sooner. �Ie added meeting in person would be helpful to navigate the more contentious and controversial topics the Council has been facing. Mayor Elliott stated the Governor just called in the National Guard to reinforce nursing homes and staff because of COVID-19. As of a week ago, Minnesota was the worst in the nation for the seven-day rate of new infections. He stated it is an evolving situation that they have to keep an eye on. He thanked Chief Berg for his presentation. Councilmember Graves thanked Chief Berg for his presentation. She noted cases are going up and Minnesota has a high infection rate. She thinks they could meet in person safely, but they should wait until after the holidays to begin meeting in person. Councilmember I3utler stated they should not meet in person before the end of the year. She would like to see the vaccination rate higher. If they are going to meet in person, they need to have a clear system sct up to allow for safety. Additionally, they are receiving a lot of community input and they have had standing room only in meetings before, so she believes they should look at alternative meeting locations to allow for appropriate distancing with large groups. Councilmember Lawrence-Anderson stated she concurs with her colleagues. She anticipates this would be an agenda item to vote on during the December 6, 2021 meeting to address the mask mandate and virtual meetings. 11/22/21 -13- Mayor Elliott moved and Councilmember Ryan seconded to accept the presentation COVID Presentation. Motion passed unanimously. 8. PUBLIC HFARINGS 8a. RESOLUTION 2021-145 RELATING TO THE ISSUANCE OF CONDUIT REVF,NLJI�: I30NDS TO FINANCE THE COSTS OF A MULTIFAMILY HOUSING DEVF,LOYMF.NT (THE CREST APARTMENTS PROJECT) City Manager Re�gic 1?dwards introduced the item and invited Ms. I3eekman to make the staff presentation. Ms. Beekman stated the action is related to a request from Aeon to issue conduit revenue bonds to �inance the cost of a�nultifamily housing development. The project is a renovation of an existing building and an addition of 43 units of family workforce housing at the Crest Apartments. At their June 28, 2021, mecting, the City Council approved a resolution (2021-83) approving the establishment of a Planned Unit Development and amendments to the City's roning map and 2040 Comprehensive Plan to allow for the construction of a 48-unit addition to the existing 122-unit Crest Apartment building. As part of that project, Aeon intends to renovate the existing building as well. Ms. Beekman cxplained Aeon is now requesting that the City of Brooklyn Center issue up to $19,000,000 of tax-exempt, conduit Housing Revenue Bonds to finance the rehabilitation and new construction of the Crest Apartments. Conduit revenue bonds give the borrower access to tax- exempt financing so the borrower realizes lower interest costs and the City achieves a public purpose, in this case, the preservation and rehabilitation of existing affordable housing units. Additionally, Aeon has submitted a request for tax increment financing for$1.4 million to support deeper affordability levels in the project. Ms. Beekman stated conduit debt, in this case, authorizes a maximurn amount of $19 million. Conduit debt is allowed for by Minnesota state law and allows for tax-exempt bonds with lower interest rates. Conduit debt does not constitute a charge, lien, or encumbrance upon the City or impact the City's credit rating. The City would receive an administrative fee of approximately $95,000. Ms. Beekman explained, to proceed, Brooklyn Center would need to hold a public hearing and adopt a resolution authorizing the issuance of the bonds and execute various related documents, including the I3onds and the Loan Agreement. Kennedy and Graven,as bond counsel,will provide forms of resolutions and all the necessary documents. Furthermore, the borrower will be required to pay all the expenses of Brooklyn Center paid or incurred concerning the bonds and will be required to indemnify Brooklyn Center for any potential liability incurred by Brooklyn Center concerning the bonds, the project, and granting the necessary approvals. Mayor Elliott moved and Councilmember Ryan seconded to open the Public Hearing. 11/22/21 -14- Motion passed unanimously. No one appeared to address this itein. Mayor Flliott moved and Councilmember Ryan secondcd to close the Public Hearing. Motion passed unanimously. Councilmember Ryan moved and Mayor Elliott seconded to adopt RF,SOLUTION NO. 2021-145 Reciting a Proposal for a IIousing Finance Program for a Multifamily Rental Housing Development, Approving the Project and the Prograin, and Authorizing the Issuance of Conduit Multifamily Housing Revenue Obligations and the Execution of Related Documents (The Crest Apartments Project). Motion passed unanimously. 8b. RESOLUTIONS API'ROVING THE 2022 UTILITY RATrS City Manager Dr. Reggie Edwards introduced the item and invited flcting Finance Dircctor Andy Splinter to make the staff presentation. Acting Finance Director Andy Splinter stated some of the rate considerations included maintaining service levels, stabilizing rate changes, and providing cash for operating needs, capital projects, and debt service. Mr. Splinter showed a table depicting the utility improvements over the next two years. He noted the Woodbine Area improvements are the highest expense in 2022. There would be about $12.2 million in capital spending. Mr. Splinter showed a slide with a table detailing the 2022 proposed rate changes. There would be a slight increase in each category except for street light base charges. He explained the average residential user uses 18,000 galls of water and receives a quartcrly utility bill; the change would increase the utility charges by $12.17 each quarter. Mr. Splinter showed a chart comparing the water rates to neighboring communities. He stated they are on the low end of the spectrum. He noted Brooklyn Center saved money by building their water treatment plant rather than paying Minneapolis for theirs. As for sanitary sewer utility rate comparisons, they are in the middle of the pack for comparable cities. Brooklyn Center is on the lower end of the storm drainage utility rate. Overall, the comparable bill for Brooklyn Center to other cities is almost the lowest. "1'he street light utility fee is in the middle of the comparisons, as is the recycling utility rate. Mayor Elliott moved and Gouncilmember Ryan seconded to open the Public Hearing. Motion passed unanimously. No one appeared to address this item. 1 l/22/21 -15- Mayor Elliott moved and Councilmember Butler seconded to closc the Public Hearing. Motion passed unanimously. Mayor Llliott moved and Councilmember Ryan seconded to adopt RESOLUTION NO. 2021-146 2022 Water Utility Rates, RESOLU"I'ION NO. 2021-147 2022 Sanitary Sewer Utility Rates, Rf;SOLUTION NO. 2021-148 2022 Storm Sewer Utility Rates, RLSOLUTION NO. 2021-149 2022 Street Light Rates, and RI;SOLU"I'ION NO. 2021-150 2022 Recycling Rates. Motion passed unanimously. 9. PLANNING COMMISSION ITEMS None. 10. COUNCIL CONSIDI+.RATION ITEMS 10a. EMERGENCY ORDINANCE FOR THE CUKFF,W PROCESS City Manager Dr. Edwards introduced the item and explained the process to enact a curfew in April was difficult and inefficient. The conversations with the Council determined they would pursue a jacketed ordinance rather than a blanket curfew to allow the City Manager to enact a curfew if certain variables were met. Chief Berg stated they heard from the community that it was difficult to plan and organize when there were last-minute changes to the curfew. One of the obstacles with a last-minute curfew is in rclationship with Metro Transit. Advertising the curfew in advance would allow the public to prepare in advance. Dr. I?dwards added the ordinance does not preclude the Mayor from calling for a curfew. I le offered to answer any questions about the curfew and proposal and noted it would require a unanimous vote from thc Council. Mr. IIill confirmed it does require a unanimous vote from the Council. He stated the Council should have a summary resolution that includes a summary of the Ordinance. He noted the ordinance enacts a curfew the day of the verdict and allows the City Manager to take action if certain requirements are met. Councilmember Lawrence-Anderson stated she has read the document and noted she believes it is a commonsense approach. She added she is in favor of the Ordinance. Mayor Elliott stated he is not sure about the Council telling people they preemptively think the public will do something wrong. He stated he would like to think about it more, though it does make sense to address it before the trial verdict. Mayor Elliott added he does not think they need to vote on it right now. 11/22/21 -16- Councilmember Ryan stated he would like clarification about what the Resolution would do if I passed. His understanding is that it would allow the City Manager, as the City's chief � administrator, to have the authority to detcrmine whether or not there should be a curfew on any ni�l�t i�llowing the verdict. Mr. Hill stated tl�e curfew would be imposed on the day of the verdict , and limits the curfew to four days. "Then the City Manager would have the authority to extend or end the curfew based on certain requirements being met. Therefore, the City Manager would have the authority for a maximum of four days. Councilmember Ryan asked if extenuating circumstanccs arise, then the Council would be able to extend the emergency declaration. Mr. I�Iill stated the Council could extend or amend the Ordinance, but there is an issue with speed and properly noticing a hearing. Councilmember Ryan explained the Council's priority is safety and the Resolution seems to be a flexible document that allows for public safety. Councilmember Butler asked if the Resolution were to pass, would there be an automatic curfew in place tlie day of the verdict. Mr. Hill stated the Resolution would impose a curfew the day of the verdict with the option to extend by the City Manager. Councilmember Butler stated she is conflictcd about the curfew. "I'he way the curfew was mishandled during the civil unrest, but she would rather have an option to implement a curfew on the day of a verdict. She explained she is concerned about the message they would be sharing if they were to pass this before the trial subsided, so she is not ready to vote on it. Councilinember Graves stated she interpreted the Resolution as an option for the City Manager to implement a curfew based on his discretion and not that it was an automatic curfew. She explained she would prefer for it to be purely up to the City Manager's discretion without an automatic implementation. She asked if it needed to be an automatic curfew to give power to the City Manager. Mr. Hill stated he does not believe the automatic curfew is required to give the City Manager discretionary power and added they proposed the automatic curfew to givc people an opportunity to plan for it. Councilmember Graves stated the Resolution could be written to give the City Manager discretionary power and include a timeline of some sort to ensure the decision is made promptly. It would be beneficial to have the flexibility for the City Manager to make that decision. Dr. Edwards stated the intent was to create a set of criteria that would allow him to make a call about a curfew but not necessarily for an automatic curfew. He explained he would like to be able to respond to the needs of the community. Ultimately, they would like to mitigate interactions between the public and law enforcement and create a safe space for peaceful protests. Councilmember Lawrence-Anderson stated the main objective is to strike a balance between individuals who would like to express their opinions and to allow families and children peace. Her biggest concern is the apartment near the police station and the ability for the children there to sleep at night. The effort of implementing a one-day curfew was to give people an opportunity to plan, and the 1:00 p.m. deadline to announce the curfew is desirable. However, if the verdict doesn't come back until later in the evening, then the Resolution wouldn't assist in implementing a curfew. 11/22/21 -17- Councilmember Ryan agreed he has concerns for those who live near the Police Station and have suffered unintended consequences of the civil unrest following the death of Duante Wright. They are facing the prospect of that occurring again with participants that live in Brooklyn Center or travel �i-om other cities. He stated they want to have a safe and secure community, so they have to revisit issues about maintaining security around the Police Station and the multifamily homes across f�rom the Police Station. At the same time, ihe City supports the Constitutional rights of pcople wllo want to express their concerns. "I'herefore, it is a daunting issue. Mayor I?Iliott stated he would like to speak with the City Attorney further about the proposed Resolution and hopes the Council will allow him to do that. Councilmember Lawrence-Anderson stated she understands his desire to speak with the City Attorney, but time is of the essence with deciding on the matter. Mayor Elliott noted he is planning to ask the Council to add another meeting date on November 29, 2021, which would allow them to revisit this matter. Councilmember Graves asked if there was still work being done with the residents in the apartment buildings. Dr. Edwards confirmed they are still working on providing resources to residents in the area among other strategies to help the protests be as peaceful as possible. Councilmember Uraves stated she wanted to make sure they have direct access to resources and communication about what is going on. Mayor Elliott stated the City worked with t}1e apartment building to secure the doors and asked what the condition of the doors was currently. Dr. Edwards stated staff would look into that and rcport back to Council. Mayor Elliott stated he would like to speak with the City Attorney and revisit the topic on November 29, 2021. Councilmember Graves stated that would be fine, especially since the vote needs to be unanimous to pass the Resolution. Mayor Elliott noted he believes they can arrive at something that addresses the issue. 11. COUNCIL REPORT Council did not have any Council Reports to provide. l2. AllJOURNMENT Mayor Elliott moved and Councilmember Butler seconded adjournment of the City Council meeting at 9:47 p.m. Councilmember Ryan noted the last issue was not properly resolved. 11/22/21 -1 8- Motion passcd unanimously. STATE OF MINNESOTA) ��� COUNTY OF HENNEPIN) ss. Certitication of Minutes ��� CITY OF BIZOOKI,YN CF,NTER) '�I The undersigned,bcing the duly qualified and appointed City Clerk of the City of Brooklyn Centet•, '� Minnesota, certifies: I l. That attached hereto is a iull, true, and complete transcript of the minutes of a Regular '� Session of the City Council of�the City of Brooklyn Center held on November 22, 2021. 2. "l�hat said meeting was held pursuant to due call and notice thereof and was duly hcld at Brooklyn Center City Hall. 3. 'I'hat the City Council adopted said minutes at its December 13, 2021, Regular Session. �-� �, Barbara Suciu, City Clerk Mike Elliott, Mayor 11/22/21 -19-