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HomeMy WebLinkAbout2021 12-06 CCM SPECIAL SESSION MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA SPECIAL SESSION DECEMBER 6, 2021 VIA ZOOM CALL TO ORDER The Brooklyn Center City Council met in a Special Meeting called to order by Mayor Mike Elliott at 6:35 p.m. ROLL CALL Mayor Mike Elliott and Councilmembers Marquita Butler, April Graves, Kris Lawrence- Anderson, and Dan Ryan. Also present were City Manager Reggie Edwards, City Attorney Troy Gilchrist, and City Clerk Barb Suciu. 2022 BUDGET CONSIDERATION OF 2022 BUDGET AND PUBLIC HEARING City Manager Reggie Edwards introduced the item and explained the meeting was meant for truth in taxation. This type of meeting started about 25 years ago when it became required by State law. The intent was to ensure the people would be informed, to promote public participation, and to increase transparency. Dr. Edwards introduced Interim Finance Director Andy Splinter to continue the presentation. Mr. Splinter explained the purpose of the meeting was to discuss the proposed budget and levy, hear input from the public, and for the Council to consider the adoption of the levy and budget. The budget process began in July with a Capital Improvement Plan and Capital Funds. August 2 included a 2022 Budget Overview presentation. In September, the City Manager recommended a property tax levy of 6.93%. There were several budget study sessions held with the Financial Commission in October. On September 27, 2021, the City Council adopted the preliminary levy, and, on November 22, the Council adopted the 2022 utility rates. Dr. Edwards explained the decisions were made with particular strategic priorities in mind. Resident economic stability was a factor as the economic stability of residents is essential to vibrant neighborhoods and retail, restaurant, and business growth. The City will lead by supporting collaborative efforts of education,business,and government sectors to improve income opportunities for residents. The City prioritized targeted redevelopment by redeveloping properties to the highest value and best use to further accomplish goals regarding housing, job creation, and growth of the City's tax base. The City will appropriately prepare sites and provide the necessary supporting infrastructure investments to guide the redevelopment of publicly- and privately-owned properties. 12/6/21 -1- Dr. Edwards noted they strived for an enhanced community image, meaning the City's ability to attract and retain residents and businesses is influenced by the perception of the City. Staff and Council will take specific actions to ensure that Brooklyn Center is recognized by residents, businesses, stakeholders, and visitors as a high-quality, attractive, and safe community. The priority of inclusive community engagement intends to provide effective and appropriate services, to clearly understand and respond to community needs. The City will consistently seek input from a broad range of stakeholders from the general public, non-profit, and for-profit sectors. Efforts to engage the community will be transparent, responsive, deliberately inclusive, and culturally sensitive. Dr. Edwards stated for residents and visitors to fully appreciate and enjoy a great quality of life, all neighborhoods must be safe, secure, and stable. Brooklyn Center is committed to ensuring compliance with neighborhood conditions and building safety standards, providing proactive and responsive public safety protection, wise stewardship of City resources, and policies that promote safety, security, and a lasting stable environment. Additionally, the City prioritized proactively maintaining an efficient and effective infrastructure to meet the high level of community expectations. They will plan for and invest in critical infrastructure improvements that enhance safety, improve life quality, and support opportunities for redevelopment, while sustaining the natural environment. Mr. Splinter stated the 2022 budget includes a reduction in property tax bills despite a 6.93 percent levy increase and 62.3 percent of properties will see their City tax liability decrease. There was a decertification of Tax Increment Financing(TIF)District Number 3,and the increase in the taxable market was six percent but tax capacity increased 19.4 percent. The utility rate increased 6.7 percent on water, sewer, and storm. However, the City remains 15 percent lower than the peer group average. Cities contracting for purchased water are seeing significantly higher bills, so building Brooklyn Center's treatment plant is saving residents from significantly higher increases. Mr. Splinter showed a chart with more details on the property tax levy. The total levy increases 6.93 percent, and the Housing and Redevelopment Authority will increase 6.47 percent. He noted a property tax increase or decrease of one percent is approximately $200,000 in revenue. He showed a summary of the 2022 general fund revenues. There is a significant increase in lodging tax, licenses and permits, and intergovernmental revenue. The intergovernmental revenue is due to the grants they have received for public safety efforts. Overall,the general funds are increasing by about 10 percent. Mr. Splinter showed a pie chart depicting the sources of revenue. 76 percent of the general fund is sourced through property taxes, but it is down from 2021's 77 percent. As for expenditures, there are an increase in public safety efforts, fire, and community and recreation services. There is a 1.62 percent expenditure decrease to police. Dr. Edwards asked Mr. Splinter to speak more about the increase in community and recreation services. Mr. Splinter stated certain services used to be considered under "other services", so that increased the community and recreation services line and a large decrease in other services. 12/6/21 -2- Mr. Splinter stated the major changes driving the levy increase are due to a 1.26 percent levy change in debt service, a 0.78 percent increase in public safety efforts, 1.73 percent increase in cost-of-living adjustment and cafeteria, a 0.78 percent increase in livable wages for part-time employees, 1.07 percent increase for reduced charges for services and fines, and 1.32 percent increase due to excess increment and aid loss. Mr. Splinter showed a slide with public expenditures by function. Police are down from 41 percent to 37 percent in 2022, but there were not a lot of other major changes. Mr. Splinter stated the 15-year Capital Improvement Plan (CIP) is also up for discussion. The projects include public utilities, street improvements,park improvements,and capital maintenance building improvements. 2022 capital improvements total $14.4 million. The Woodbine Area is allotted $9.4 million, the capital building maintenance projects are budgeted for $1.3 million, and there will be $605,000 used for park playground equipment replacement. There is a proposed $8.25 million debt issue, funded through water utility fees, sanitary sewer utility fees, storm sewer fees, and property taxes. There is also a special assessment component to the Woodbine Area project, however, the cash available in that fund is sufficient that bonding for that portion in 2022 is not considered necessary. The levy impact for 2023 is estimated at $213,000 to finance repayment of first-year principal and interest. Mr. Splinter explained the property tax bills for residents may change for a variety of reasons such as a change in property value, change in the relative proportion of one's property to the total property value in Brooklyn Center, an increase in property taxes requested for operations of the general fund activities and programs, or the four different school districts in Brooklyn Center with different levies and property tax implications. Mr. Splinter showed a pie chart depicting a sample residential property within School District 279. 37 percent of their taxes would be paid to the City, which is down three percent. 27 percent would be paid to Hennepin County and 31 percent would be paid to school districts. He noted the taxes to Hennepin County and the various school districts have increased slightly in comparison with the Brooklyn Center property taxes. Mr. Splinter stated there was an overall six percent increase in market values from 2021 to 2022. The largest increase was due to the increased value of apartment properties followed by the increased value of residential properties. Commercial properties saw a decrease in their value. Mr. Splinter showed a slide with pie charts depicting the change in tax capacity from 2021 to 2022. Mr. Splinter stated the change in market value for the median residential home was 7.7 percent, and the increase in estimated taxable value was 9.3 percent. The median residential value estimated for 2022 was $223,000. He showed a slide with a graph showing the increase in home values with tax values from 2014 through 2022. The tax rates are estimated to decrease. If the levy increase was zero, the median value home would see an $84 or 6.56 percent property tax decrease. Each one percent levy increase or decrease is approximately$10 per year of the median value home in Brooklyn Center. Mr. Splinter showed a table from Hennepin County with the distribution of total property tax amount changes by the number of properties in each category. 61.6 percent of residential properties will see a decrease in property taxes. Additionally, 99.4 percent will increase by $300 or less. The largest proportion of residents will be seeing a decrease. 12/6/21 -3- Councilmember Lawrence-Anderson asked if the purpose of the public hearing is for taxpayers to ask questions. Mayor Elliott asked Mr. Gilchrist to answer the question regarding who can speak in the public hearing. Dr. Edwards stated the purpose of the hearing is for residents to hear about the budget and ask questions about the property taxes or the budget. Mayor Elliott asked Ms. Suciu why people are still in the waiting room. Ms. Suciu stated there are no people in the waiting room. Mayor Elliott stated some people have reached out to him saying they were in the waiting room of the meeting. Mayor Elliott asked Mr. Gilchrist to speak to Councilmember Lawrence-Anderson's question. City Attorney Troy Gilchrist stated the public hearing is open to anyone who would like to comment. In principle, the hearing is focused on taxpayers as they are impacted by the budget. However, the City cannot limit who speaks because it is a public hearing. Mayor Elliott asked if the Council is ever able to limit who can speak at a public hearing. Mr. Gilchrist stated a public hearing is an opening for folks to speak on whatever topic. The Council should,however,place time limits on speaking to ensure everyone has an opportunity to speak and so that no perspective dominates the hearing. The best approach is to set strict time limits. Mayor Elliott stated he would like all speakers to keep their comments to two minutes. Councilmember Lawrence-Anderson asked if they could hear from residents before hearing from the general public as a courtesy. Mayor Elliott stated he would ask the residents to speak first,but they have no way of verifying residency. Anyone is allowed to speak, and they will run into issues if they try to limit it to Brooklyn Center residents first. Dr. Edwards stated the public hearing is a comment period rather than a question and answer time. Mayor Elliott stated they have maintained members of the Council are welcome to comment at their discretion. Councilmember Butler stated there was a budget line for the Office of Prevention, Health, and Safety in the proposed budget. She asked why it was called that instead of the Department of Community Safety and Violence Prevention, as named in the Daunte Wright and Kobe Dimock- Heisler Community Safety and Violence Prevention Resolution. Dr. Edwards stated the proposed budget includes the Office of Community Prevention, Health, and Safety rather than the creation of a department. Councilmember Butler asked if the funds allocated to the Office are meant to support the Resolution. Dr. Edwards stated it is money to start doing the work from the Resolution. Councilmember Butler stated the last meeting the Council came to a consensus to freeze the three positions from the Police Department. She asked how that is reflected in the budget. Dr. Edwards stated the freezes are a line item within the Police Department budget. 12/6/21 -4- Mayor Elliott asked how the budget reflects the money allocated to the community response team. Dr. Edwards stated there was a detailed budget and spreadsheet distributed. The Office of Community Prevention, Health, and Safety have $517,000 budgeted for it. When they found money to cover the gap in funding, it was through lodging tax and freezing Police Department positions. They identified $366,000 to cover the gap, so it permitted them to increase the community response team budget to $517,000. Mayor Elliott asked for Staff to show the budget line item. Mr. Splinter stated the funds are within the Office of Prevention, Health, and Safety budgeted at $1.3 million. Mayor Elliott stated the Council received the budget document, but he had not had the time to go through the line items. He asked Mr. Splinter to pull up the line item they are referencing. Dr. Edwards stated the budget the Council received was based on the last Council meeting. Mr. Splinter stated they are treating the budget similar to the supplemental budget from 2021. The new office is listed under Other Contractual Services. Dr. Edwards stated they have not done a line-item budget for the Office of Community Prevention, Health, and Safety, but that will be forthcoming. The dollars, however, are set aside for the Office. Mr. Splinter stated the code 42010 for Prevention, Safety, and Health includes the Office of Community Prevention, Health, and Safety. The code 6449 showed other contractual services under the Office for $1.16 million. He showed a chart breaking down the distributions of the services that add up to the $1.16 million include mental health, civilian traffic response, community transformational change efforts, and the Implementation Committee. The total money allocated for 42010 Prevention, Safety, and Health are $1.31 million. Mayor Elliott stated there is not a listed item for an alternative community response. Mr. Splinter stated the community response team is reflected in the budget item for $517,000. He explained they can reallocate the funds within the Office as needed. Mayor Elliott asked why the funds are listed under contractual services. Mr. Splinter stated it is a placeholder, similar to how they added the supplemental budget to the 2021 budget. Mayor Elliott stated they are not going to be contracting the services. The Implementation Committee is ultimately going to decide how the funds are going to be used and the contracts may come from there. Mayor Elliott stated Dr. Edwards has said the Office of Community Prevention,Health, and Safety is in the spirit of the Daunte Wright and Kobe Dimock-Heisler Community Safety and Violence Prevention Resolution. They have created a coordinator position while the Resolution calls for a director to a full department. Those terms are relevant to accountability and responsibility in the public safety system. Mayor Elliott stated they need to make sure they are in line with the terminology used in the Resolution to maintain consistency,as recommended by the City Attorney. They have some legal obligations to do that. Dr. Edwards stated there are no legal obligations. The Council is determining the budget as they see fit. The budget does not include a proposed department as it is not fiscally responsible to create the three departments as outlined in the Resolution. The proposed budget includes the Office of 12/6/21 -5- Community Prevention, Health, and Safety which would hire a manager to coordinate the efforts, including the pilot programs. Mayor Elliott stated they are talking about$150,000 for the position created by the Resolution. Dr. Edwards stated there is $100,000 for the manager and upwards of $200,000 total for the operations of the Implementation Committee. Mayor Elliott stated he implores the Council to support his comments. They have laid out a vision in the Resolution. Mayor Elliott explained he wrote and presented the Resolution, and he is someone who cares passionately about the issue. He stepped in to provide leadership at a time when it was needed. The Council had the opportunity to review the Resolution. He added he is a Black male, and the issue impacts him directly and deeply. The Council has committed to the community, and the community has spoken passionately in support of the Resolution. Moving forward with a structure that is not outlined in the structure undermines the trust of the public. The City Attorney also recommended they stay in line with the language of the Resolution. They need to stick with the original language until the Implementation Committee says otherwise. Councilmember Butler asked if the Council can revisit items in the budget. As indicated by Dr. Edwards, some things are not necessarily specified in a budget line. Dr. Edwards asked Councilmember Butler to clarify her question. For example, if funds were meant to hire someone, could they later change the function. Or if they could adjust the funds set aside to carry out the work of the Resolution. Councilmember Butler stated Dr. Edwards had mentioned in a previous meeting that was not a budget line for a certain item that could later be funded by pulling money from other sources. Dr. Edwards explained there was a conversation at a previous meeting about allocating $150,000 for the work of the Implementation Committee when there was already $80,000 budgeted for it. Council asked if they could find more money to budget $150,000 for the Implementation Committee, and Dr. Edwards had confirmed they could find the additional $70,000 to further fund the Implementation Committee and the manager. They have also talked about freezing the positions from the Police Department. The question at hand was if they could freeze additional positions or unfreeze the positions down the line. The answer depends on the work-study and looking at crime rates. If there is a change needed in the frozen positions, the Council could propose a budget amendment. Councilmember Ryan moved and Mayor Elliott seconded to open the public hearing. Motion passed unanimously. Lori B. noted she is angry because it seemed like the last meeting there was progress on moving forward with the Resolution. She noted she liked Councilmember Graves' side-by-side comparison, and the Council was listening to the residents. Lori B. stated one of the problems with Dr. Edwards' proposal is that it redirects control from the Mayor and the Council into the hands of the City Manager. The fiscal responsibility of the City Manager has to be separate from the policies and the decisions set forth by the City Council as a system of checks and balances. The language is very important and should not be changed. 12/6/21 -6- Lori B. stated Dr. Edwards' plan does not fully fund the Daunte Wright and Kobe Dimock-Heisler Community Safety and Violence Prevention Resolution, and the 12-hour day sets them up for failure. The ex-police officer at a previous meeting agreed with her concern. They need to look at models of other cities where alternative responses are working. Lori B. stated the $350,000 going toward youth and community programs was not being covered in the City Manager's plan. They need to address crime from a community approach,which starts with supporting children and providing them with the resources they need to succeed. If they don't address the root of the problem, they are missing the point. Lori B. stated they should rely on Councilmember Graves' expertise to support youth. Lori B. stated the biggest problem is accountability. The language in the budget needs to follow the language in the Resolution. They need a community-based police oversight committee, but the proposed budget gives more power to the City Manager. It is the role of the City Council to create the policy, and it is the role of the City Manager to fund it. Lori B. stated it is wrong how Dr. Edwards is approaching the budget. Jean L. stated he agrees with Lori B. He noted he has been part of the Resolution process and organized people throughout the community. The public has always called for an entire department because they want robust accountability to the director of the department. The community knows the City needs transformational change, and they want the alternative responses and youth programming efforts to be fully funded. Mayor Elliott has responded to the needs with a promise. Anything short of a new department betrays the department. Real human lives are at stake, so they need to he specific. Minneapolis has an Office of Violence Prevention, and the Minneapolis Police Department is not accountable to that Office at all. Black and brown people have been demanding accountability, and everyone, regardless of skin color, deserves police accountability. Samie B. stated the community response team needs to be fully funded, and there should be a Department of Community Safety and Violence Prevention. There needs to be a director, and the police need to be held accountable. The Council should stick with the Daunte Wright and Kobe Dimock-Heisler Community Safety and Violence Prevention Resolution, or else they will be breaking the trust of the community. The Resolution needs to be fully funded as earlier passed. She stated it is very important to her as a resident of Brooklyn Center and family member that police are held accountable. Brihanna S. stated the way Dr. Edwards is introducing the changes to the bill does not sit right with her. It does not create trust between the community and police officers. It does not give her hope. It does not seem like there are any actual changes. There is no accountability for officers to respond to future incidents. The police are meant to protect the community not put people on trial in the streets. The Daunte Wright and Kobe Dimock-Heisler Community Safety and Violence Prevention Resolution should be fully funded as written. Then the community can see changes are being made and that they are being heard. Law enforcement is supposed to be serving the community rather than their interest. The vocabulary that is being put forth is not creating trust within the community. The new language is meant to placate the community. 12/6/21 -7- Sierra stated she is a 21-year-old resident of Brooklyn Center. She moved to the City when she was 12 and attended Earle Brown. As a student, she participated on the swim team for two years and graduated at age 17. Throughout those five years, she was taught by her mom how to use public transportation, manage a budget, build credit, find a job, keep a job, and the importance of homeownership. Not many people in the community get that. Other children's parents are uneducated, abused, or absent. Instead of building their futures, the youth resort to reliable forms of income such as selling drugs. Youth need a place to go to grow and develop beyond school. Sierra suggested they used the unused Target building for an after-school program for youth to attend. It could include a study room for those who cannot study at home or a gym for those who cannot afford after-school activities. There could be a life skills class about public transportation, budgeting, finding and maintaining a job, and homeownership. It could be another community center funded by the Daunte Wright and Kobe Dimock-Heisler Community Safety and Violence Prevention Resolution. Sierra noted she has a full-time job in Brooklyn Center but will soon be moving to Osseo. She bought her car in Brooklyn Center. She asked how many people in Brooklyn Center have had the opportunities she has had and what the Council is going to do about it. Amity D. noted she does not want to cry in front of them again. She asked the Council to fully pass the Daunte Wright and Kobe Dimock-Heisler Community Safety and Violence Prevention Resolution. Joy noted her agreement with previous sentiments of the public. She added she hopes the Council hears the voice of the young person that spoke previously. Joy explained the community voted for the Council to represent them. The Council needs to fully fund the Daunte Wright and Kobe Dimock-Heisler Community Safety and Violence Prevention Resolution, including the line items that are not included in the current proposed budget. Joy noted Mr. Splinter explained there were placeholders in the budget. Having a finance background, Joy explained she would never present a budget without such details. The budget does not fund youth programming, and the $517,000 only partially funds the mental health response. The budget sets them up for failure. Joy explained she is a resident and taxpayer of Brooklyn Center. Thinking about her black and brown children on the streets, she wants to make sure alliances are not clouding the judgments of the Council. They need to focus on the future of the community. She does not like the idea of redirecting any more control to the City Manager. Dr. Edwards was not voted to be in his position, and it is a job for him. The community is asking the Council to care about their constituents. Lori Best stated the City is doing great, and they are trying to compromise to help the City from every angle. The proposed budget starts the process off and allows the Implementation Committee to work on the programming. As stated by Dr. Edwards, the funds can be rearranged at a later date. Shanna W. stated she is heartened to see the increased political awareness and participation. There are people across many walks of life coming together. Moving toward a department is not a democratic measure as the process has been led by the people. They want people to utilize the democratic process, contact their Council, and express their needs. Shifting would be a detriment 12/6/21 -8- to the work of the community. The mothers of Daunte Wright and Kobe Dimock-Heisler have greatly contributed to the process, and they want to see Brooklyn Center improve for other youth. Shanna W. added it is important to continue with the language from the Daunte Wright and Kobe Dimock-Heisler Community Safety and Violence Prevention Resolution. The department supports accountability in the community. Prevention sometimes promotes the quelling of certain voices, but the best way to improve public safety is to support people's basic needs with good intentions. Harmony K. stated she has multiple residential therapy centers and does 24-hour services all over the State. She has worked in the field as a mental health practitioner for 25 years and is from Stearns County. Stearns County has made several efforts to address mental health. It may be different from how Brooklyn Center wants to approach it, but they could be a resource for the City in determining how to build their program. She noted it is a work in progress, but there is room for error in a 12-hour model. If the alternative response model is only partially funded,there would be massive errors. Several mental health practitioners would be willing to provide input and support to the City. There are services available to them to assist in reforming the current response model. Stearns County works directly with law enforcement to respond to mental health concerns, and it needs to be a team effort. Randy stated the City and Council have done a great job. The Daunte Wright and Kobe Dimock- Heisler Community Safety and Violence Prevention Resolution needs to comply with the City Charter. The Resolution was pushed through without proper public outreach or financial details. There are plenty of places to take money from to fund the Resolution other than the Police Department. The Resolution states they are going to put together the Implementation Committee to make determinations about what needs to be created and funded. It is irritating to people in the community that the Council is leaving an open checkbook for the Implementation Committee. Randy added the Charter is set up with a City Manager. There is a lot of distrust with that system, but if there are problems with that, then they need to change the Charter. There is the chance to obtain more grant funding to further fund the Resolution. Many people want all of the details for the budget, but that didn't happen in the initial Resolution either. Tanya J. stated she was present when the Daunte Wright and Kobe Dimock-Heisler Community Safety and Violence Prevention Resolution was passed. Seven months later, they are still talking about its implementation. She added the permanent fence outside of the Police Department is unnecessary. It is not as scary as it sounds to take money away from the Police Department. Change is scary, but it is necessary. Tanya J. asked how many more mothers have to cry. They need to fully fund the Daunte Wright and Kobe Dimock-Heisler Community Safety and Violence Prevention Resolution sooner than later. She noted Randy does not even live in Brooklyn Center. Tanya J. implored the Council to keep the name of the Daunte Wright and Kobe Dimock-Heisler Community Safety and Violence Prevention Resolution and to fully fund it. Arvid S. noted he is a 49-year resident of Brooklyn Center. He stated the proposed budget makes progress toward the Daunte Wright and Kobe Dimock-Heisler Community Safety and Violence 12/6/21 -9- Prevention Resolution as well as many other goals of the Council. He recommended the Council vote in favor of the budget. JJ stated she is a young adult of color. She noted her agreement with several previous commenters and their support of fully funding the Daunte Wright and Kobe Dimock-Heisler Community Safety and Violence Prevention Resolution. If they do not stick with the Resolution, they are breaking trust with the community. Today's youth will become Brooklyn Center's adults, and the Resolution was passed for a reason. JJ noted as an elementary student, she had the opportunity to interact with firefighters who visited her school. A couple of years ago, she had a positive interaction with police officers. She noted she wishes Duante Wright could have experienced the same kindness from law enforcement. The youth will become adults who will care for the City. Her younger siblings have not had the same experiences as her and current adults may not understand the experiences of the current youth. Randy asked to speak again. Mayor Elliott stated Randy had already had his opportunity to speak. Julie B. stated she has been disheartened. She noted her appreciation of the clarification about who could speak at the public hearing. It is amiss that several of the people who have been speaking are not from Brooklyn Center. As a resident of and employee in Brooklyn Center, the changes are very near and dear to her heart. It is upsetting to see people not support the Resolution. She noted she left the last meeting so hopeful. Julie B. stated the Mayor has asked for order in the meetings, and people such as Randy who have been un-muting themselves, should not be able to speak or should not be allowed to attend. It is not fair for people to speak out of turn. Alfreda D. echoed the comments of Julie B. With all due respect to the Staff, they do not live in Brooklyn Center anyways. Alfreda D. noted her confusion on what changed between the previous meeting and the current meeting. It seems like there is something secretive happening, and it is increasing distrust within the community. She left the previous meeting feeling hopeful, but something changed between the two meetings. Alfreda D. stated she was disappointed in Council for not asking detailed questions about the change in the budget since the last meeting. She explained she is an organizer and property owner in the City, and it is concerning to see how the process has panned out. There needs to be more trust in the process. Mark A. noted his agreement with several of the commenters. He was present at the passing of the Daunte Wright and Kobe Dimock-Heisler Community Safety and Violence Prevention Resolution. At that meeting,he told the Mayor that the Resolution was a step in the right direction but was far from perfect and would take years to implement. Mark A. stated he still agrees with that statement. They need to proceed cautiously if they want the Resolution to be successful. Mark A. added the Council needs to stop putting the cart before the horse. For example, the process needs an Implementation Committee to define what they need to support the Resolution. He asked if the Implementation Committee has been formed. He noted he applied to be on the Implementation Committee, but he has not heard back about his application. The funds are being 12/6/21 -10- set aside, and the Implementation Committee will address all of the aspects of the Resolution. They will decide if they need a director or if they need more funds. He was unsure how the proposed responders from the Resolution would be able to handle all of the calls. The City rolled back the hours of the response, but the Implementation Committee needs to decide what the best option is. Mark A. explained the Council needs to pass the budget. If not, the issue needs to be put on the ballot rather than to continue the ranting. They are supposed to be talking about the entire budget, but the community is making everything about the Daunte Wright and Kobe Dimock-Heisler Community Safety and Violence Prevention Resolution. The City needs to focus more on community development than it has been. Brooklyn Center needs to keep making forward progress. There is a good compromise in the proposed budget, and the Council needs to move forward with it. Katie W. stated the Daunte Wright and Kobe Dimock-Heisler Community Safety and Violence Prevention Resolution is important not for her son or Kobe Dimock-Heisler but for other young people that look like them. It is hell to go through what she and Amity D. have gone through. Katie W. contemplated asking for her son's name to be taken off the Resolution. She does not want her son's name on a Resolution that is not going to be effective and causes so much division within the community. Instead, she decided to continue asking the Council to fully fund the Resolution as written. It will save lives and allow people of color to drive safely in Brooklyn Center despite expired tabs and air fresheners. Katie W. asked the Council to fully fund the Daunte Wright and Kobe Dimock-Heisler Community Safety and Violence Prevention Resolution. If not, she will call the City to have her son's name removed from it. Jason stated the facts are that safety isn't being met in Brooklyn Center. The police may not be qualified. The residents are not as safe as they should be in the year 2021. Several studies have shown adding police does not deter violent crime, and the police are not trained to address the problems they are being asked to respond to. They need to improve their public safety system. Being a small city, they can make a change. They can implement resources for the youth and alternative responses. Brooklyn Center has the rare opportunity to make a change. Jason noted the forum is unfair, and the arena is strange. The Council was elected by the people, and they have the authority to make a change. There is a debate across the country to reform the police or defund the police. Every year of his life, people have talked about reforming the police. All of the reforms have failed. The Minneapolis Police Department has been proven to be affiliated with white supremacy groups, and that does not end at the border of Minneapolis and Brooklyn Center. The police do not serve the community equally. He is not suggesting they eliminate the police, but they have the opportunity to be at the forefront of fixing things. There have been multiple people shot throughout Minneapolis when police were present on the scene. It is clear police do not deter crime. The only place that has reformed police is in Austin, Texas, and they can do something similar to that. Han stated she would like the Council to fully fund the Daunte Wright and Kobe Dimock-Heisler Community Safety and Violence Prevention Resolution and to remove Duante Wright's name 12/6/21 -11- from the title as requested by the family. Han stated the community supports Daunte Wright's and Kobe Dimock-Heisler's families. Mayor Elliott moved and Councilmember Butler seconded to close the public hearing. Motion passed unanimously. Mayor Elliott stated the Council has had several discussions about the budget with the most recent being the meeting on Thursday, December 2. They have come to a compromise and reflected on the compromise. It is incredibly important the line items appear in the respective categories and are designated for the purposes. It is also important to fully fund the Council's priorities. He noted those priorities are not clearly articulated in the budget. He asked how Dr. Edwards and Mr. Splinter propose to properly earmark the budget as discussed in the previous meeting. Dr. Edwards stated the budget is exactly what the Council agreed to on Thursday, December 2. The budget with every line item was provided to the Council. There is not a spelled-out line item for supplies,personnel,travel, or equipment because they were only discussed on Thursday. They have not developed the specifics because they have not had the time or the direction. In short, the money is assigned to different categories as discussed by the Council in the previous meeting. Mayor Elliott asked if the itemization of the funds will be listed. Dr. Edwards stated the Council already has that. Mr. Splinter showed the Office of Prevention, Health, and Safety budget and the description of those dollars. It showed where the dollars are allocated and the purpose of the allocation. They do not have a completely delineated budget because that has not been developed or designed. Councilmember Lawrence-Anderson stated the December 2 meeting ended in consensus, and everything discussed is reflected in the proposed budget. She noted it is not the first time the City has had a placeholder in the budget. They do not know what the expenses will be because they are brand new expenditures. Councilmember Lawrence-Anderson stated, considering she has looked through the detailed budget and engaged in the previous discussions, she is comfortable that the money has been allocated for appropriate areas as discussed in the previous meeting. She asked Dr. Edwards if she was correct. Dr. Edwards confirmed there was direction and consensus at the end of the last meeting for Staff to create a budget based on the discussion and final consensus. The items have been put into the budget, and line items have been created to reflect the consensus from Thursday, December 2. There is the option to move money down the line within the Office. There is money allocated in many line items to carry out the directives specified by Council. Councilmember Ryan stated Dr. Edwards is the City's chief administrative officer and he understands the notion of the placeholder is to set aside funds for functions with details to be later determined. The discussions by the Council are reflected in the budget. He noted he is ready to move forward. Councilmember Butler noted there is a coordinator in the budget rather than a director. She stated 12/6/21 -12- ' it Dr. Edwards explained the person couldn't be called a director due to hierarchy. She asked why they call the position a coordinator when they have agreed they need a director in that position. Dr. Edwards stated the proposed budget includes what could work within the existing framework and meet the spirit of the Daunte Wright and Kobe Dimock-Heisler Community Safety and Violence Prevention Resolution in a fiscally responsible way. They chose the coordinator role so a department would not be reporting to another department. The office would report to the City Manager, as all staff does. The coordinator would work with the City Manager to ensure the responsibilities of the office are carried out. The coordinator would not be directing the Police Chief or the Fire Chief because those positions are accountable to the City Manager. The City Manager and the coordinator would carry out the intention of the Resolution and provide direction to the Police Chief and Fire Chief. Mayor Elliott stated there were many listening sessions with the community about the Daunte Wright and Kobe Dimock-Heisler Community Safety and Violence Prevention Resolution. There never a moment where there were anylegalquestions raised about establishingdepartments. was g p It went under legal review, and the City Attorney has never stated they cannot create such a department. The City Manager is making that call, but he is not an attorney. The department is not only a name but has responsibilities attached to it. The community of Brooklyn Center has been engaged, and they have supported the establishment of a department. Changing the name, trying to do something despite the engagement, and saying the department is illegal is a huge mistake. Mayor Elliott stated he will not accept it, and Brooklyn Center will not accept it either. They need to fully fund the Resolution as passed until there is direction otherwise from the Implementation Committee. The community has expressed there will be mistrust if the Resolution is changed. Mayor Elliott implored the Council to support the Resolution as passed rather than the version proposed by the City Manager. The oversight and accountability are incredibly important and central to the work they are doing. There needs to be systemic change. To move forward, Mayor Elliott proposed they fund the Director of Community Safety and Prevention with the $150,000 that is outlined in the budget rather than a position that has been made up by the City Manager. Mayor Elliott moved to fund the Director of Community Safety and Prevention with the funds that are allocated in the Daunte Wright and Kobe Dimock-Heisler Community Safety and Violence Prevention Resolution. Councilmember Ryan asked if Mayor Elliott was suggesting they use the same money allocation with a different title. Mayor Elliott confirmed he proposed they use the same money allocation with a different title. Councilmember Ryan stated the discussion of director versus coordinator was based on the issue of creating an organizational unit that could accomplish the same things. There is an issue of creating another layer of bureaucracy with people of the same rank and title to be giving orders to others with the same rank and title. Councilmember Ryan stated Mayor Elliott made the observation that Fridley has a Director of Public Safety over the Fire Chief and Police Chief Dr. Edwards commented it doesn't work very well functionally. They need to decide if they are going to be hung up organizational charts and titles or if they can focus on functionality and delivery of 12/6/21 -13- quality services at the point of need. Mayor Elliott stated they are not merely talking about the names of a position. They are talking about the responsibilities as laid out in the Resolution. Transformational, systemic changes are difficult to make, and there are always attempts to subvert them. This is such an attempt because what Dr. Edwards is proposing is not in the Resolution, and it does not carry out the abilities as outlined in the Resolution. The Resolution was passed by the City Council. If they are merely talking about not calling the position a director because it may cause conflict and is illegal, that is a different story. If it is the position as outlined in the Resolution, then-Mayor Elliott is fine with it. The position proposed by Dr. Edwards seems to be entirely different, and it is not okay. It is wrong. The City Attorney spoke to that last time. They need to keep the language in line with the Resolution. If they want the Office of Safety and Violence Prevention to become closer to the language in the Resolution and the position is the same as the Director of Community Safety and Violence Prevention, then-Mayor Elliott is fine with it. He stated it is not about the name, but it is about the duties. They are talking about transforming the system, and it is important to make sure everyone is on the same page when creating a position. Dr. Edwards stated the issue was never a legal matter. He explained he is charged with executing the operation and function of the City to the best of his ability. It was not a matter of legal opinion; rather, it was the best way to functionally execute his charges. Dr. Edwards stated he is not subverting systemic changes. Change is a lifelong passion, hope, and drive of his as a Black man. He is not in a position to subvert change. He explained he is using all of his skills and knowledge to move for change and address issues of systemic racism and inequalities. Dr. Edwards noted before the adoption of the Daunte Wright and Kobe Dimock-Heisler Community Safety and Violence Prevention Resolution, he expressed his concerns with the structure and names. There is a sound reason for his concern. It is the Council's decision,but Dr. Edwards is providing input and information. He provided the budget from a functional and operational perspective. The Council ultimately decides the budget. The budget is by no means subversion of change. Dr. Edwards stated there are a couple of communities in Minnesota that have public safety jurisdictions. In Fridley, the Director of Public Safety is the Police Chief In Mankato, they have a Director of Public Safety who is the Police Chief When they speak of other examples, it is important to be clear about what it means. Dr. Edwards stated he has attempted to present the best model for Brooklyn Center based on its resources. Dr. Edwards stated anyone who has worked in his field would look at the structure of the Daunte Wright and Kobe Dimock-Heisler Community Safety and Violence Prevention Resolution and know it was designed for a much larger jurisdiction. There are currently six departments in Brooklyn Center, and the Resolution called for three more departments. The Council is not necessarily calling for the creation of those departments because it is not operationally feasible. The community response team is one element that will be fully funded. The Council can choose which areas of the Resolution they want to focus on. The City does not have the fiscal capacity for three additional departments as they would have to eliminate an existing department to accomplish that. Dr. Edwards stated he is not recommending it, and the Council is not 12/6/21 -14- recommending it. It is disingenuous to say he is subversive because he is explaining they don't have the resources to fund three departments. He explained he has provided a recommendation for how to best move forward. Mayor Elliott stated he visited Fridley and met their Director of Public Safety. His point was not the personnel but that they had two other departments reporting to one director, and he maintains that point. They have not had any listening sessions on the coordinator position or office to replace the director and department, so there has been no community engagement. Mayor Elliott noted he takes issue with it. Mayor Elliott added Dr. Edwards stated at the previous meeting it would be illegal for a director to report to a director or to have a department underneath a department. Dr. Edwards stated when there is a position that reports to another position, there is a distinguished difference in the name to reflect the differences in experience and ability to comply with pay equity. They cannot have pay equity if they are paying a subordinate the same thing,they are paying a supervisor. The City has a step system and a pay scale. There is a ranking and analysis based on duties and skills. Mayor Elliott stated his point is not the names but the responsibilities of the role. He asked if he is calling it something different because it is creating internal conflict. Mayor Elliott explained his concern is funding the position to carry out the responsibilities as outlined in the Resolution. Dr. Edwards stated the coordinator would oversee an office, report to the City Manager, and ensure the efforts of the Resolution. They would not be a director over the Police Chief or Fire Chief. The intent is the reform will come from the combined efforts of the coordinator and the City Manager. Mr. Gilchrist stated the discussion is getting ahead of itself Adopting a budget that supports a position does not dictate the title of the position. The original Resolution does call it a director, so that is the current City position. Maintaining the language of the Resolution is important, but it is not so important as to further derail the budget discussion. This discussion needs to be informed by the Implementation Committee. Mr.Gilchrist stated Dr.Edwards has raised several good points about the titles. Mr. Gilchrist noted he did not see anything legally wrong with the director title, but he has not researched that. If Dr. Edwards has pay equity issues that need to be recognized, Mr. Gilchrist stated he would be happy to look into that and bring it to the Implementation Committee. It can be brought to the Council from there for further discussion and decision. Overall, it is an important discussion, but they need to start with setting the budget. Councilmember Graves thanked the public for comments on the budget. She asked Dr. Edwards if the new intention is to secure additional funding for initiatives. Dr. Edwards stated the plan in the budget intends to garner external resources along with some internal resources to get started. As they obtain results,then they will look for sustainable funding sources. External funds can help buffer the use of taxpayer dollars, so it is a matter of building the capacity over time. Councilmember Graves stated the Staff will look for additional grants to fund the efforts, but they are also looking at ways to make the funding sustainable. Councilmember Graves noted there were no meetings since the December 2 meeting. The budget that is being presented is what Council reached a consensus on. She thanked the staff for working 12/6/21 -15- on the budget so quickly. Councilmember Graves asked Mayor Elliott if there are specific duties of the director in the Resolution. Mayor Elliott explained the Resolution stated the City will create a new Department of Community Safety and Violence Prevention that will be responsible for overseeing all city agencies and city efforts regarding community health and public safety, and ensuring a well- coordinated, public health-oriented approach throughout our city that relies upon a diversity of evidence-based approaches to public safety, and with a director who has appropriate credentials and experience including public health expertise, and that at minimum the following existing and to-be-created City agencies will all report directly to the department and be subject to the authority of its Director: the Police Department, the Fire Department, the Traffic Enforcement Department, and the Community Response Department. Councilmember Graves asked if Mayor Elliott's concern is Dr. Edwards has not created a department, so there will not be the level of accountability needed because the new position would report to Dr. Edwards. Mayor Elliott confirmed that was his concern. Councilmember Graves stated she doesn't disagree with Mayor Elliott, but they do not need to have that discussion to get the work started. She noted Dr. Edwards is trying to move forward with a budget to get the work started and has done an amazing job as City Manager under a lot of pressure. Councilmember Graves added there were listening sessions about the Daunte Wright and Kobe Dimock-Heisler Community Safety and Violence Prevention Act after it was passed, but there were no listening sessions before it. Councilmember Graves asked if there were listening sessions to craft it. Mayor Elliott confirmed he had listening sessions before presenting the Resolution to the Council. Councilmember Graves asked why the Council or Staff was not involved in the listening sessions. Mayor Elliott stated the Daunte Wright and Kobe Dimock-Heisler Community Safety and Violence Prevention Act was written after listening sessions at the Heritage Center and the High School. Councilmember Graves stated the Resolution was not created based on some collaborative effort. Mayor Elliott stated it was a result of the listening sessions the Council was present at. Councilmember Graves asked why the Council was not involved in crafting the Resolution. Mayor Elliott stated the Resolution was drafted based on community input, and it was presented to the Council. The Council had the opportunity to comment on it and provide input. Councilmember Graves stated they had to provide input the next day. Mayor Elliott stated it was not the next day. Councilmember Graves stated they were given the draft one evening and they were at a public event with the press the next day. At that event, Mayor Elliott stated they could make a change that day bypassing the Resolution. Councilmember Graves explained she walked out of the meeting at that time because she felt they were being rushed into a Resolution. While the members of the Council may have been present at the listening sessions, they did not know Mayor Elliott was creating a resolution for them to vote on within one day. They held another press conference and then voted on it in one week. By that time, the City Attorney had a chance to look at it and make some changes due to state law. They did not discuss directors or departments. It wasn't 12/6/21 -16- until the last few meetings that they got into the details of the Resolution and what it would mean for their budget. Councilmember Graves stated Dr. Edwards is knowledgeable and moving them forward in the right direction. She stated she is prepared to vote on the budget prepared by the City Manager after the Council's consensus at the last meeting. They can have a discussion of the departments and directors at a later meeting. Mayor Elliott stated the Council had a week to review the Resolution before voting on it. It was not out of thin air,but it was created after he listened to the young people. Councilmember Graves stated the public did not give input about directors and departments. Mayor Elliott stated the public shared what they wanted to see in terms of change and transformation through at least four community listening and community engagement events. There was an opportunity for the public to come forward and share their vision of public safety. The Resolution is a reflection of community engagement. Councilmember Graves stated she was at all of the listening sessions. Resolutions are generally a vision or a resolve for a body to move forward on. The listening sessions did not include community feedback specifically asking for three departments or a certain director. They wanted alternatives to typical policing,and the Resolution provides alternative policing options. However, there was not one structure proposed to the Council during those sessions. After Mayor Elliott presented the Resolution as a possible structure, Dr. Edwards has done his best to move them forward on that trajectory. Councilmember Graves noted she understands concerns about mistrust, but everyone on the Council is on board with the Resolution. She stated Mayor Elliott is creating confusion and more distrust when there isn't anything to be distrustful about. They should continue to put more resources toward the Resolution as they develop the Implementation Committee,coordinators,and FUSE fellows. The Council does need to move forward with a budget. By addressing the titles, Mayor Elliott is creating more confusion and making the public think something changed between the December 2 meeting and the current meeting. They are running in circles. Katie W. stated Councilmember Graves would be upset if her black son was murdered on the corner of a street in Brooklyn Center. She wouldn't be worried about budgets or asking so many questions. Councilmember Graves asked why people are talking about the resolution not being passed. Councilmember Butler stated the conversation is unproductive. There was an issue with how things were done, and they have talked about that several times. The Council has talked about holding each other accountable when things are getting off track, so she is trying to do that. Considering the hour, Councilmember Butler suggested they move forward. Councilmember Butler stated if the funds are in the budget, they can have a discussion about the titles at another time. She noted her excitement for the Implementation Committee and looks forward to processing the applications at a future meeting. 12/6/21 -17- Councilmember Ryan noted his agreement that the Council should move on. He asked Mr. Gilchrist if the following was correct: if the debate continues at a considerable length and if a member wants to terminate said debate, the member can make a motion to terminate the debate. If the motion receives a second, then the item is up for a vote. If the motion is seconded, there cannot be debate about the termination. However, the motion to terminate the debate can only be made if another motion is on the table. He noted he hopes the Chair can move forward without the need for said motion. Mr. Gilchrist stated the Council's policy does allow for that process to terminate debate. However, it is not usually needed, and it seems as though the Council is moving in the direction to continue the agenda. Mayor Elliott stated they are moving forward with the agenda, so Councilmember Ryan's point is moot. CITY MANAGER'S BUDGET TRANSMITTAL LETTER FOR 2022 FISCAL YEAR Councilmember Ryan moved and Councilmember Graves seconded to receive the City Manager recommended budgets and transmittal letter for the fiscal year 2022 and 2022-2036 Capital Improvement Plan. Dr. Edwards stated there was an indication by Mayor Elliott about a preferred way of voting alphabetically rather than what they have historically done by seniority. Mr. Gilchrist stated Mayor Elliott had previously brought up an issue about the order of voting. According to Council rules, there is not anything specific about the order of voting. However, there is a rule about the adoption of Robert's Rules of Order. Robert's Rules of Order says the vote should be taken in alphabetical order with the presiding officer being called last. Dr. Edwards asked if Council could vote or make a motion to change the order, they vote in. Mr. Gilchrist stated the Council has arguably already made that decision in defaulting to Robert's Rules of Order to make that decision. In the future,that could be changed by the adoption of a resolution to insert a rule about the order of the vote. Dr. Edwards asked if the past practice can affect the order. Mr. Gilchrist stated past practices establish a practice, not a rule. Motion passed unanimously. RESOLUTION ADOPTING THE 2022 ANNUAL CITY BUDGET Mayor Elliott moved to adopt Resolution No. 2021-151 adopting the 2022 Budget. Mayor Elliott noted there has been extensive discussion about aligning the budget with the Resolution, and the Implementation Committee will come back with recommendations for structure. The budget allocation does not mean they are changing the titles of the positions, but 12/6/21 -18- Mr. Gilchrist stated they can make that determination at a later date. The amounts allocated to the initiatives derived from the Daunte Wright and Kobe Dimock-Heisler Community Safety and Violence Prevention Resolution shown by Mr. Splinter are appropriate for the outlined programs including the $517,000 for the community response team, $250,000 for the traffic enforcement team, $150,000 for the Implementation Committee, and others. Councilmember Ryan asked the City Attorney if the exposition from the Mayor with so many details about the budget made after the motion to pass the budget would require someone to make a motion and for someone else to make a friendly amendment. On the agenda, it is simply a matter of adopting the annual budget and its accompanying resolution. Mayor Elliott noted people often make motions with clarifications or amendments. Mr. Gilchrist stated he stepped off the call for a moment and asked for the question to be repeated. Mayor Elliott stated he made a motion with clarifications based on the discussion and explained Councilmember Ryan asked if the motion is in order or if they need to make a friendly amendment to the motion. Mayor Elliott noted the comments he made included the amounts of money allocated for initiatives outlined in the Daunte Wright and Kobe Dimock-Heisler Community Safety and Violence Prevention Act and the clarification the budget allocations are not designating the positions but that the Implementation Committee will return to the Council with recommendations. Mr. Gilchrist stated he sees Mayor Elliott's motion as providing context to the adoption rather than amendments to the adoption. Therefore, the motion is in order. If there were any changes to the budget itself, it would require an amendment. It is a motion that stands if seconded. Councilmember Butler seconded the motion. Councilmember Ryan noted the Mayor's comments are pertinent. In the interest of clarity, the comments are welcome after a motion has been seconded. Councilmember Lawrence-Anderson asked if they are approving the budget, they received this evening and if Mayor Elliott was highlighting his desire to reiterate the specific amounts within the budget. Mayor Elliott confirmed his comments were not a part of the motion. Motion passed unanimously. RESOLUTION APPROVING THE 2022—2036 CAPITAL IMPROVEMENT PLAN AND ADOPTING THE 2022 CAPITAL PROGRAM Councilmember Graves moved and Councilmember Ryan seconded to adopt Resolution No.2021- 152 adopting the 2022-2036 Capital Improvement Plan. Motion passed unanimously. 12/6/21 -19- RESOLUTION APPROVING FINAL TAX CAPACITY LEVIES FOR THE GENERAL FUND AND DEBT SERVICE FUNDS AND MARKET VALUE TAX LEVY FOR THE HOUSING AND REDEVELOPMENT AUTHORITY FOR PROPERTY TAXES PAYABLE IN 2022 Councilmember Graves moved and Councilmember Lawrence-Anderson seconded to adopt Resolution No. 2021-153 Approving Final Tax Capacity Levies for the General Fund and Debt Service Funds and Market Value Tax Levy for the Housing and Redevelopment Authority for Property Taxes Payable in 2022. Motion passed unanimously. ADJOURNMENT Councilmember Graves moved and Councilmember Ryan seconded to adjourn the meeting at 9:47 p.m. Motion passed unanimously. STATE OF MINNESOTA) COUNTY OF HENNEPIN) ss. Certification of Minutes CITY OF BROOKLYN CENTER) The undersigned,being the duly qualified 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 Special Session of the City Council of the City of Brooklyn Center held on December 6, 2021. 2. That said meeting was held pursuant to due call and notice thereof and was duly held at Brooklyn Center City Hall. 3. That the City Council adopted said minutes at its January 10, 2022, Regular Session. 4u1aYJtt4L&L City Clerk _Mayor 12/6/21 -20-