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HomeMy WebLinkAbout2022 09-26 CCM REGULAR 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 REGULAR SESSION SEPTEMBER 26, 2022 CITY HALL—COUNCIL CHAMBERS 1. INFORMAL OPEN FORUM WITH CITY COUNCIL CALL TO ORDER INFORMAL OPEN FORUM The Brooklyn Center City Council met in the Informal Open Forum called to order by Mayor Mike Elliott at 6:45 p.m. ROLL CALL Mayor Mike Elliott and Councilmembers April Graves, Kris Lawrence-Anderson, and Dan Ryan. Also present were City Manager Reggie Edwards, Finance Direct Angela Holm, Community Development Director Meg McMahan, City Clerk/Interim Assistant City Manager Barb Suciu, Communications & Community Engagement/Interim Assistant City Manager Angel Smith, and City Attorney Jason Hill. Councilmember Marquita Butler was absent and excused. Councilmember Graves moved and Councilmember Lawrence-Anderson seconded to open the Informal Open Forum at 6:45 p.m. Motion passed unanimously. Kevin S. noted his appreciation of the Implementation Committee and its work. He noted there hasn't been much discussion regarding mental health issues by the Implementation Committee. What happened to Kobe Dimock-Heisler was unfortunate, and he expected to see some discussion on mental health response in Brooklyn Center. Kevin S. added taillights can be a safety concern,particularly when driving at night. For example, when it is dark out, it is hard to tell if a vehicle on the road is a motorcycle or a car, and that can create safety issues. Mayor Elliott pointed out that the Implementation Committee Expanded Response Workgroup will present issues related to mental health at a future meeting. Dylan Webbena explained he received notification about potential road improvements in 2023 on 50th Avenue, but it doesn't say what the improvements are. The information did mention the potential for a special assessment. He asked why the project wouldn't be in the regular budget. 9/26/22 -1- Dr. Edwards asked for the commenter to share his information with Staff, and the Staff would respond. Mayor Elliott asked for Staff to respond to what type of project will be happening near the residence. Councilmember Graves noted it is likely to be mill or overlay. Mr. Webbena explained he is frustrated that he may have to pay money for a road improvement that should have been in the City's budget and also that the letter doesn't even inform him of the project details. Mayor Elliott asked for Staff to respond to what type of project will be happening near the residence. Other people may be watching the meeting and would like to hear the same information. Dr. Edwards stated there will be road improvements on 50th Avenue, and he would have to speak with other Staff for more details. Public Works Director Liz Heyman stated she can pull up the details for Mr. Webbena. She noted the items on the Consent Agenda relate to the project in question. There are various levels of projects that may occur, so she would need to look at his specific address to determine what may impact him. Mr. Webbena asked why the letter would go out to him without more details. Councilmember Ryan stated the letter is the first of a series of letters Mr. Webbena will receive. There will be subsequent letters with more details and also a neighborhood meeting by the Public Works Department where residents can ask questions about how it is funded and what the goal of the project is. He added assessments are done as an alternative to raising the general levy. Mayor Elliott noted other people may be watching the meeting and would like to hear the same information. He added that any comments related to the Implementation Committee would be received after the related presentation. Joy G. pointed out the City Attorney attended a recent Implementation Committee. The Duante Wright and Kobe Dimock-Heisler Community Safety and Violence Prevention Act allows for the City Attorney's role,amongst others,to assist the Committee,according to paragraph 10. However, Staff was pulled from assisting the Implementation Committee,which was a violation of paragraph 10, as confirmed by the City Attorney. Joy G. added the Implementation Committee has had extensive community engagement, and the meetings are accessible to the public. There is an email the public can reach out to for more information, and there have been surveys. Joy G. noted it is concerning for the Council to be discussing the sunset of the Committee even though they are in the middle of their work. She added only Mayor Elliott and Councilmember Graves from the Council have attended any Implementation Committee meetings. 9/26/22 -2- Julie B. thanked Councilmember Lawrence-Anderson for acknowledging the letter sent to her. Julie B. noted the Implementation Committee was not formed until March 5, 2022. The 180-day mark passed only a week ago. The Committee has been working to put together the presentations for Council. Councilmember Graves explained she also received an email from Julie B. She acknowledged she has been frustrated with how the Implementation Committee was formed and run. The Council considered a sunset date has no reflection on the good work completed by the Implementation Committee. It is merely a step in the process considering the presentations are scheduled, and she wants to make sure the next committee is set up for success. Mayor Elliott pointed out the work is hard, and the Committee has done an incredible job tackling difficult issues. The topics are controversial, hiccups should be expected, and systems cannot be changed without uphill battles. Councilmember Graves moved and Councilmember Ryan seconded to close the Informal Open Forum at 7:02 p.m. Motion passed unanimously. 2. INVOCATION Mayor Elliott read an excerpt from Dr. Martin Luther King Jr.'s Letter from Birmingham Jail,"We must come to see with the distinguished jurist of yesterday that `justice too long delayed is justice denied.' We have waited for more than three hundred and forty years for our God-given and constitutional rights." Mayor Elliott explained people have come before them such as Abraham Lincoln and Dr. King to pave the way for equality. The universe bends toward justice. The Council will receive a presentation from the Implementation Committee which is doing work in the community to further bend toward justice. 3. CALL TO ORDER REGULAR BUSINESS MEETING The Brooklyn Center City Council met in a Regular Session called to order by Mayor Mike Elliott at 7:11 p.m. 4. ROLL CALL Mayor Mike Elliott and Councilmembers April Graves, Kris Lawrence-Anderson, and Dan Ryan. Also present were City Manager Reggie Edwards, Finance Direct Angela Holm, Community Development Director Meg McMahan, City Clerk/Interim Assistant City Manager Barb Suciu, Communications & Community Engagement/Interim Assistant City Manager Angel Smith, and 9/26/22 -3- City Attorney Jason Hill. Councilmember Marquita Butler was absent and excused. 5. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. 6. APPROVAL OF AGENDA AND CONSENT AGENDA Councilmember Graves moved and Councilmember Lawrence-Anderson seconded to approve the Agenda and Consent Agenda, and the following consent items were approved: 6a. APPROVAL OF MINUTES 1. June 1, 2022—Work Session 2. June 6, 2022—Joint Work Session 3. August 11, 2022—Canvassing Board 4. August 15, 2022—Joint CC/FC Meeting 5. August 22, 2022—Canvassing Board 6. August 22, 2022— Study Session 7. August 22, 2022—Regular Session 8. August 29, 2022—Joint CC/FC Meeting 9. September 12, 2022— Study Session 10. September 12, 2022—Regular Session 11. September 12, 2022—Work Session 6b. LICENSES MECHANICAL Genz-Ryan Plumbing & Heating Co 2200 W Highway 13 Burnsville, MN 55337 MN Plumbing and Home Services 12040 Riverwood Circle Burnsville, MN 55337 Otsego Heating and Air Conditioning Inc 11 lst Street NW DBA Comfort Solutions Heating and Cooling Maple Grove, MN 55369 RENTAL INITIAL (TYPE IV—six-month license) 3906 Janet Lane Lateef Adeleke INITIAL (TYPE III—one-year license) 5913 Upton Avenue N Rosebella Nyaboke Ogoro 7119 Girard Avenue N PEARSALL PROPERTIES LLC 9/26/22 -4- 7213 Grimes Avenue N Bong Xiong RENEWAL (TYPE IV—six-month license) 1302 69th Avenue N Aeon Holdings Lle 4200 Lakebreeze Avenue N Todd M Bertelson 5349 Penn Avenue N AM Abdullahi & YM Noor 3141 49th Avenue N CCF3 LLC 5834 Camden Avenue N Fyr Sfr Borrower Llc 5927 Aldrich Avenue N Yue Liu 5931 Zenith Avenue N Ih3 Property Minnesota Lp 6106 Quail Avenue N Almamy Momo Toure 6243 France Avenue N FYR SFR Borrower LLC 6407 Orchard Avenue N SFR Borrower 2021-2 LLC 6614 Bryant Avenue N CAML LLC RENEWAL (TYPE III—one-year license) 7015 Brooklyn Boulevard Willow Lane Estates LLC 3012 51st Avenue N Sri Lakshmi Valiveti 5012 65th Avenue N East And West Llc 5207 Boulder Lane Herman Capt Partners V Llc 5218 Paul Drive Sj & Olas Properties Llc 5913 York Avenue N Jefferson Dennis 6706 Toledo Avenue N Stephen Burson 7124 West River Road Segun Olatayo RENEWAL (TYPE II—two-year license) 1330 67th Lane N Sibilev Holdings, LLC—Mark 9/26/22 -5- Sibilev 5842 Washburn Avenue N Pryde Real Estate Solutions 6601 Unity Avenue N Cel Monton, LLC - Doug Wahl 7007 Morgan Avenue N Lin Shuang Llc RENEWAL (TYPE I—three-year license) 5319 Queen Avenue N Karen Pelak Trust 3318 Mumford Road Beng Thao & Xong Thao 5325 70th Circle Jazz Properties Mn Llc 6243 France Avenue N Fyr Sfr Borrower Llc 6c. RESOLUTION NO. 2022-92 DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DEAD TREES AT CERTAIN PROPERTIES IN BROOKLYN CENTER,MINNESOTA 6d. RESOLUTION NO. 2022-93 ACCEPTING FEASIBILITY REPORT AND CALLING FOR AN IMPROVEMENT PUBLIC HEARING FOR IMPROVEMENT PROJECT NO. 2023-01, KNOX, JAMES, AND 54TH AREA IMPROVEMENTS 6e. RESOLUTION NO. 2022-94 ACCEPTING FEASIBILITY REPORT AND CALLING FOR AN IMPROVEMENT PUBLIC HEARING FOR IMPROVEMENT PROJECT NO. 2023-02, 50TH AVENUE IMPROVEMENTS 6f. RESOLUTION NO. 2022-95 ACCEPTING FEASIBILITY REPORT AND CALLING FOR AN IMPROVEMENT PUBLIC HEARING FOR IMPROVEMENT PROJECT NO. 2023-03, 51ST AVENUE IMPROVEMENTS 6g. RESOLUTION NO. 2022-96 APPROVING CHANGE ORDER NOS. 13-16, IMPROVEMENT PROJECT NO. 2021-05, BROOKLYN BOULEVARD CORRIDOR PROJECT PHASE 2 IMPROVEMENTS 6h. RESOLUTION NO. 2022-97 ACCEPTING BID AND AWARDING A CONTRACT, IMPROVEMENT PROJECT NO. 2022-09, LIFT STATION 4 REHABILITATION PROJECT 6i. APPROVE THE MEMBERS OF THE AUDIT REVIEW COMMITTEE 9/26/22 -6- 6j. AN ORDINANCE VACATING STORM SEWER, DRAINAGE AND UTILITY EASEMENTS WITHIN LOT 1, BLOCK 1 OF THE PLAT OF BROOKDALE SQUARE 2ND ADDITION, AND LOT 1 AND LOT 2, BLOCK 2 OF THE PLAT OF BROOKDALE SQUARE (1ST READING) 6k. RESOLUTION NO. 2022-98 AMENDING THE DAUNTE WRIGHT AND KOBE DIMOCK-HEISLER COMMUNITY SAFETY AND VIOLENCE PREVENTION ACT-NEW COMMITTEE APPOINTMENT Motion passed unanimously. 7. PRESENTATIONS/PROCLAMATIONS/RECOGNITIONS/DONATIONS 7a. RESOLUTION NO. 2022-99 EXPRESSING RECOGNITION AND APPRECIATION TO BRUCE BALLANGER, GENERAL MANAGER OF THE HERITAGE CENTER OF BROOKLYN CENTER FORMERLY KNOWN AS EARLE BROWN HERITAGE CENTER FOR OVER 31 YEARS OF SERVICE TO THE CITY OF BROOKLYN CENTER City Manager Dr. Edwards noted Bruce Ballanger is professional and hard-working. He has committed himself to the Heritage Center and City of Brooklyn Center since 1991. Mr. Ballanger has had an impact on all Staff, and he will be greatly missed. Councilmember Lawrence-Anderson agreed Mr. Ballanger will be missed. She asked who will take over his position. Dr. Edwards stated the Recreation Director and a facilities manager have stepped in to handle Mr. Ballanger's responsibilities until a new Manager is hired. Mayor Elliott read in full a Resolution expressing recognition and appreciation to Bruce Ballanger, General Manager of the Heritage Center. Councilmember Ryan moved and Councilmember Graves seconded to adopt RESOLUTION NO. 2022-99 recognizing Bruce Ballanger, General Manager of The Heritage Center of Brooklyn Center formerly known as Earle Brown Heritage Center. Motion passed unanimously. 7b. COMMUNITY SAFETY AND VIOLENCE PREVENTION IMPLEMENTATION COMMITTEE TRAFFIC VEHICLE STOP AND CONSENT SEARCH POLICY RECOMMENDATIONS Mayor Elliott invited the presenters to introduce themselves. Implementation Committee Member John Solomon thanked the Council and Staff for receiving the presentation. He pointed out the Implementation Committee has put a lot of work into 9/26/22 -7- discussions and recommendations related to traffic vehicle stops and consent search policies. Mr. Solomon noted there has been a rise in crime nationally. The policies are intended to promote respect. Mr. Solomon explained that traffic stops erode trust between the community and law enforcement. Additionally, there is a minimal effect in the traffic stops leading to evidence supporting a larger crime. Additionally, the data shows racial disparities in the stops. Approximately 67 percent of those stopped during traffic stops are for people of color, with a large majority being innocent. Plus,traffic stops are extremely unsafe for law enforcement. Instead, officers could use their time to solve more serious crimes and connect with community members. Mr. Solomon noted several cities have adopted a change in vehicle stop policy such as Minneapolis, Lansing, Philadelphia, Pittsburg, Seattle, and Los Angeles. Also, Virginia has implemented a statewide law. Mr. Solomon showed a graph depicting the total traffic stops per year in Brooklyn Center. Stops have decreased dramatically since 2010. More than two-thirds of the traffic stops in 2019 in Brooklyn Center resulted in nothing formal. Nine percent of results were unknown, 4.5 percent resulted in an arrest, and about 17 percent resulted in a citation. Mr. Solomon added almost half of the traffic stop citations were for license or insurance issues. About 38 percent were due to moving violations. 5.4 percent of citations were for marijuana, 4.3 percent for seat belt issues, and three percent for texting. Mr. Solomon then showed a bar graph with Brooklyn Center Police Department (BCPD) stops in comparison to other agencies. Mr. Solomon reiterated excessive stops for minor equipment issues erode community trust in law enforcement, vehicle stops have minimal effectiveness in finding evidence of larger crimes, there are racial disparities in enforcement, and there are potentially deadly outcomes of the stops. Mr. Solomon stated the Implementation Committee hopes to address cyclical poverty with the proposed policy. If someone cannot afford a fix to their vehicle, giving them a citation and fine does not support the ability to fix the vehicle. Mr. Solomon noted the policy would also build community trust and relationships with law enforcement. Implementation Committee Member Joylenna Garcia added vehicle stops can be deadly. Traffic stops fatally impacted Walter Scott in Charleston in 2015, Sandra Bland in Texas in 2015,Philando Castillo in St. Paul in 2016, Giovan Joseph Macdavet in 2016, Duante Wright in Brooklyn Center in 2021, and Patrick LaJolla in 2022. The previously listed people were pulled over for issues with taillights or air fresheners and it resulted in their deaths. Mr. Solomon noted there was a Stanford study that looked over 29 areas across the country with over 100 million traffic stops. The study showed most people of color were being stopped more frequently, most of which were not connected to any criminal activity. 9/26/22 -8- • Mr. Solomon stated members of the Implementation Committee also looked at statistics in Minneapolis for when traffic stops resulted in a gun seizure. However, the impact was minimal. Mr. Solomon explained the recommendation is that vehicles would no longer be stopped solely for invalid or expired registration, non-functioning license plate light, non-operative muffler, exceeding vehicle noise rules of the Pollution Control Agency, cracked or discolored windshield, or rearview mirror decorations. Vehicles can be stopped if the windshield is so heavily damaged that it poses a dangerous condition or if the car's equipment poses a dangerous condition. Ms. Garcia noted the decrease in total traffic stops over the past 10 years suggests law enforcement also has seen its lack of effectiveness. The data and studies show minimal effectiveness in traffic stops resulting in evidence of larger crimes. She noted the conversation is happening because the lives of Duante Wright and Kobe Dimock-Heisler are being taken, among many others. Ms. Garcia added there is overwhelming support seen through the Committee's community engagement process, but the Council can conduct open forums and discussions to see for themselves. Mr. Solomon stated he has experienced a lot of racial profiling himself, and he is passionate about making changes to better serve people of color. Philando Castille was killed due to racial profiling. Brooklyn Center cannot risk any more lives lost. Mayor Elliott thanked Mr. Solomon for his presentation and commitment to the issue. Ms. Garcia reiterated traffic stops are not only a safety issue,but it is also a poverty issue. A driver may not be able to afford to fix a component of their vehicle, and a citation only adds to the financial burden. Ms. Garcia explained a consent search is a search where the police do not have probable cause to legally search, so they ask the person who they want to search if they will consent to a search. Probable cause means that police have a reasonable basis for believing that a crime may have been committed or when evidence of the crime is present in the place to be searched. The recommendation is to eliminate consent searches. Ms. Garcia stated an article in Policel Magazine found "limited effectiveness in identifying evidence of illegal firearms or other serious crimes"in consent vehicle searches. Racial disparities in stops leading to vehicle consent searches. Minor traffic violations disproportionately made against people of color, leading to more requests to search their vehicles Ms. Garcia explained officers increased their "hit rate" of finding contraband during vehicle searches of black drivers, indicating that consent searches are disproportionately conducted on black drivers and rarely lead to contraband. The "hit rate" of found contraband in searches during the consent search ban increased by seven percentage points, which represented a 43 percent increase over the hit rate when consent searches were allowed. 9/26/22 -9- Ms. Garcia noted that 18 percent of respondents who police asked to consent to a search viewed the officer's actions as both improper and disrespectful, compared to six percent of respondents who were not asked for consent to search. Consent requests were associated with statistically significant reductions in respondents'perceptions of both justice and legitimacy of the police. Ms. Garcia added Black male drivers were 2 times more likely to have an officer request consent to search them during a stop for a moving violation. Ms. Garcia stated consent searches undermine community trust in police. Eliminating consent searches improves the quality of searches. Refusing consent searches is not an option for everyone. Staff did some local community engagement which found many community members would feel obligated to consent to a search. Requests for consent searches show racial disparities. Similar consent search policies have been adopted in Rhode Island, Pawtucket, and Providence. Ms. Garcia pointed out that the proposed policy allows for consent searches in some instances. The policy change will lead to increased police capacity by allowing police to focus on more serious crimes. Consent searches rarely lead to evidence of larger crimes. The policy change would also build community trust by not asking people to consent and forcing them to invoke their rights when they may not feel safe doing so. Ms. Garcia stated the consent search policy recommends that no operator or owner-passenger of a motor vehicle shall be requested to consent to a search by a law enforcement officer of his or her motor vehicle unless there exists probable cause for criminal activity. Ms. Garcia concluded it is the recommendation of the policy working group and the Implementation Committee that the City Council consider and then adopt the recommended vehicle stop and consent search policy changes.Adoption and implementation of these policies by BCPD will make for equitable, community-focused policing in Brooklyn Center, with better outcomes for both police and the community. Councilmember Graves thanked the presenters for their work. She asked the Staff why there has been a decrease in traffic stops over time. She noted a majority of citations are for moving violations or equipment violations. Councilmember Graves asked for an explanation of the graph shopping stops by BCPD in comparison to other agencies. Implementation Committee member Mark Viste explained that changing Brooklyn Center policies would impact people significantly because a majority of stops completed in Brooklyn Center are by BCPD. Councilmember Graves agreed there still needs to be traffic stops when needed, as noted in the presentation. The Council wants to do listening sessions to hear from community members and also allow community members to get on the same page with the information and the research. Therefore,town hall meetings are beneficial in moving forward with a new policy. Councilmember Graves noted the slide on "hit rates" had confusing wording, but the point was made that a ban on consent searches increased"hit rates." She shared a personal experience where 9/26/22 -10- she was subjected to a consent search. It is hard for people to refuse consent searches. Councilmember Graves pointed out there is a state-level ban on warrior training, some added training on topics such as autism, and reforms to the POST Board. There has also been increased authority by the POST Board to enforce repercussions for improper policing. She thanked the Committee for their work. Ms. Garcia clarified only 17 percent of traffic stops resulted in a citation. Of those citations, about 85 percent were for moving or insurance violations. There was a suggestion on the Committee for citations to be mailed to the driver rather than a vehicle stop. Councilmember Ryan thanked the Implementation Committee and Staff for their efforts. He stated the Council needs to consider what impacts the effectiveness of law enforcement to ultimately better protect the public. Councilmember Ryan noted he would go over the research in more detail with Mr. Viste. Councilmember Lawrence-Anderson noted her appreciation of the efforts and research completed by the Committee. She explained she would like to hear additional feedback from the public. She added she would have preferred to receive the information in a Work Session rather than in a Regular Session because she is not ready to vote on the item that evening. She requested an opportunity for a Work Session and a public hearing. Councilmember Graves pointed out the motion recommended by Staff is to accept the presentation. Mayor Elliott added the Committee would like a vote to accept the recommendation that evening. Mr. Solomon explained the Committee wanted to provide a lot of research to support their recommendations. The public is concerned with violent crime, and traffic stops do not solve violent crimes. Instead, it adds more responsibilities for law enforcement and gives the public more reason to not support the police. Ms. Garcia added, with the comments of Councilmember Lawrence-Anderson, the Implementation Committee was told that they would be on the Work Session agenda, so they were also surprised that they were part of the Regular Session agenda. Councilmember Graves suggested the Council move forward with the public comment in the interest of time. Sammy B. noted she is a leader with Black Barbershop and Churches Congregation(BBCC). She shared that she has personally been stopped multiple times for consent searches, even during COVID-19. The policy needs to be voted on urgently. Several people have consented to searches that resulted in death, many of which were mentioned by the presenters. Mayor Elliott asked for commenters to keep their comments to under two minutes. Julia G. stated she is a concerned faith leader from the community. She urged the Council to vote 9/26/22 -11- on the matter expediently. The police could better use their time by focusing on serious crimes. The sooner the recommendations are implemented, the better it will be for the community. The City isn't taking the matter seriously enough. Julia G. noted she has been working with BBCC and other community organizations for several years, and she has seen the issues time and time again. The Council doesn't need to see statistics and research to see if there is an issue. Law enforcement is profiling and focusing on unimportant issues. People are dying. Children are at risk. A community member pointed out the meeting started at 6:00 p.m., and many people had to leave that wanted to provide comments. Jean L. stated the Council boldly implemented a Public Safety Act after the tragic death of Duante Wright. He explained he is out in the community daily, and there is widespread support in the community to implement the recommended changes. The fear of being pulled over is very real, particularly for people of color. Brooklyn Center wants and deserves equity and change. He encouraged the Council to move forward with implementing the recommendations as soon as possible to ensure no more lives are lost and the City continues to lead the way to real change. He offered to assist in hosting any town halls or other community engagement opportunities. Gretchen E.thanked members of the Implementation Committee for their presentation. She asked if there is an opportunity for the Committee to present the PowerPoint fully in the future. She noted there was an example of driving with a broken taillight and how that relates to poverty. Gretchen E. asked for data to support that notion. Gretchen E. asked if there are opportunities to educate the public on what someone can do when pulled over. Ms. Garcia stated she is willing to present again if given the opportunity. As for the broken taillight, there isn't exact data as much as experiential. People sometimes have to choose between repairing their vehicle or affording food, herself included. Ms. Garcia noted there are opportunities for public education about individuals' rights. However, the people who are disproportionately impacted by consent search and traffic stop issues also may not have the time or availability to attend those educational opportunities. Implementation Committee Member Lori Bardal explained there is Know Your Rights training that is being discussed for Brooklyn Center. She noted she had a family member of Philando Castille reach out to her with suggestions of information on the process for when someone goes through the steps to obtain a gun. Mr. Solomon added issues of poverty and car repairs came to light after issues in Ferguson, Missouri around 2015. The city was more or less a poverty farm in how they were issuing tickets to folks with low income. Fines were stacked up for individuals time and time again and law enforcement was purposely issuing the fines to people with low income. Mayor Elliott noted the organization Law Enforcement Action Partnership (LEAP) assisted the Implementation Committee in crafting recommendations and sorting through research. 9/26/22 -12- Arvid S. stated broken turn lights and wipers are a hazard to drivers. Mayor Elliott asked if there is data on the link between poverty and taillights available from LEAP associates. Amos Irwin,LEAP representative,stated he doesn't have a specific data point available related to taillights. Mr. Irwin's audio went out. Mayor Elliott asked for Mr. Irwin to provide the information to the Council to be shared with Gretchen E. Public Safety Implementation Committee Manager Amina Dedefo stated per capita income in Brooklyn Center is around$26,000 with about 33,000 residents. 13.2 percent of Brooklyn Center residents live in poverty currently. Those folks should not have to sacrifice eating to fix a vehicle issue. A community member asked to speak. Mayor Elliott stated the community member could speak at another time. Councilmember Graves moved and Councilmember Ryan seconded to accept a presentation by the Community Safety and Violence Prevention Implementation Committee regarding traffic vehicle stops and consent to search policy recommendations. Motion passed unanimously. 8. PUBLIC HEARINGS 9. PLANNING COMMISSION ITEMS RECESS AND RECONVENE Mayor Elliott recessed the meeting at 8:55 p.m. The meeting was reconvened at 9:02 p.m. 10. COUNCIL CONSIDERATION ITEMS 10a. RESOLUTIONS NO. 2022-100 APPROVING THE PRELIMINARY 2023 PROPERTY TAX LEVY AND PRELIMINARY BUDGET Dr. Edwards introduced the item and explained the purpose of the presentation is to present the 2023 Budget Preliminary Levy Budget, provide insight into the factors that guided the development of the 2023 Budget Preliminary Levy Budget, provide budget highlights, provide fiscal analysis budget highlights, and impacts, and provide next steps in the budgeting process. Dr. Edwards stated the 2023 environment includes COVID-19, the death of Daunte Wright, Civil Unrest, the economic condition, Council Budget Outcomes, Strategic Priorities, Organizational Stability, and a Community-Centered City. Dr. Edwards stated the proposed budget was developed recognizing unprecedented events and 9/26/22 -13- challenges faced by residents and Staff. The proposed budget was developed with an intent to balance the needs for economic growth, health and well-being of people, longer-term fiscal stability,the pursuit of City Council direction,and providing City services at an affordable cost for residents. Dr. Edwards showed the Brooklyn Center Organizational Chart and pointed out residents are at the forefront. The vision of Brooklyn Center is as a thriving, diverse community with a full range of housing,business,cultural and recreational offerings. It is a safe and inclusive place that people of all ages love to call home, and visitors enjoy due to its convenient location and commitment to a healthy environment. The mission of the City of Brooklyn Center is to ensure an attractive,clean, safe, and inclusive community that enhances the quality of life for all people and preserves public trust. Dr. Edwards explained Brooklyn Center has several values. Customer intimacy is a commitment to serving each customer with dignity and respect. This requires that we seek to understand the needs of each customer and deliver quality service that will be understood and appreciated. In addition,the City will commit to delivering quality services cost-effectively and efficiently. Staff will be good stewards of the limited resources made available by the citizens served. Dr. Edwards noted City Outcomes for the budget include the existence of a healthy and safe residence, the existence of healthy and safe youth and their environment for seven generations to come, the existence of equitable and diverse businesses, the existence of equitable stable and diverse tax base, the existence of the public trust, existence of people feeling welcomed, the existence of residents feeling a sense of community pride, the existence of equitably diverse housing without gentrification or displacement, existence of an increased household median income without harm, and existence of a clean and safe human environment. Dr. Edwards pointed out the City's strategic priorities are an Enhanced Community Image, Resident Economic Stability, Inclusive Community Engagement, Targeted Redevelopment, Safe, Secure, Stable Community, and Key Transportation Investments. Dr. Edwards stated the 2023 budget highlights include$50,000 for market competitiveness,a three percent salary adjustment for a livable wage of$409,447, natural gas inflation at$49,900, Central Garage needs at $389,254, general inflation, and a new park maintenance full-time employee at $101,000. Dr. Edwards added the outcome-based budget initiative includes a performance measurement analyst at $100,000. There are three police Staff positions still frozen for $150,000. A new Fire Inspector for a full-time position will cost $97,000. Additionally, sustaining public safety alternatives through phased funding will cost $75,000 and the youth violence prevention and response strategy have an allotted $150,000 for phased funding. Dr. Edwards noted several Department requests were unable to be funded to keep the levy low. If all of the requests were funded, the total levy would be 17.1 percent. Instead, the proposed levy increase is 6.9 percent. Unfunded requests include $91,000 for new park liaisons, $109,000 for a 9/26/22 -14- new split community engagement and recreation position, and $50,000 for election off-year funding stabilization. Finance Director Angela Holm explained that budget policies provide a basic framework and assist in the decision-making process. Policies include a balanced budget, current revenue should pay for current expenses,a contingency of up to five percent of the budget,providing adequate funding for capital replacement & maintenance, a description of goals, services, and programs, and a targeted unassigned General Fund balance of 50 — 52 percent of the next year's General Fund budget. Ms. Holm added revenue policies direct how the City maintains the ability to pay for services it provides its customers. Policies include maintaining a diversified and stable revenue system, annual revenue estimates completed through an objective conservative analytical process,user fees reviewed and revised on an annual basis, fees and user charges for Enterprise Funds fully supportive of total direct and indirect costs, and user fees for City services will generally be established at a level which will recover the full cost of providing the service. Ms. Holm stated the total change in the general levy is 7.44 percent and 1.05 percent in the debt service levy. In total, that would result in a 6.9 percent levy or a $1.47 million increase. The Housing and Redevelopment Authority has a percent change of 17.4 for the levy. Ms. Holm showed a slide comparing the levy rates with nearby cities. Brooklyn Center is very similar to most cities such as New Hope, Maplewood, Richfield, Shoreview, and Roseville. Crystal, Golden Valley, Fridley, and White Bear Lake has much higher levies, three of which are in the double digits for capital projects. Ms. Holm stated property taxes account for about three-fourths of the General Fund. Intergovernmental revenue is 10 percent, two percent is charges for service, and permits and licenses account for eight percent. As for proposed expenditures,Ms. Holm showed a pie chart of proposed expenditures. Ms. Holm noted the overall taxable market value in Brooklyn Center increased by 16.9 percent. Tax capacity is over half residential. Thirteen percent are from apartments, 20.4 percent are commercial, and 12.2 percent are industrial. The median home value in 2023 is $259,000, which has been increasing substantially since 2014. Ms. Holm showed a table reflecting the impact of a 6.9 percent levy on various properties in the City. The average single-family residential home would see an additional $149 for 2023 in property taxes. She noted there are two more Joint Work Sessions in October. December 5,2022, will be a public hearing and final adoption of the budget and levy. Councilmember Ryan asked if Dr. Edwards said one of the three previously frozen police officer positions would be unfrozen in the proposed budget. Dr.Edwards confirmed that was correct. The three frozen positions were a street officer, a school officer, and a detective-in-training. If the 9/26/22 -15- Department is in the position to hire the maximum of street officers, then the funding for an additional officer would be available. Councilmember Ryan pointed out crime rates are the highest in 30 years, and the Council needs to prioritize public safety. Councilmember Ryan moved and Councilmember Lawrence-Anderson seconded to amend the proposed budget to unfreeze all three law enforcement positions. Councilmember Graves and Mayor Elliott voted against the same. Motion failed. Councilmember Graves noted there was a one percent increase in the budget since the previous presentation. $50,000 went toward unfreezing one police officer,so the money is accessible should the Department be ready to hire for that role. She asked if BCPD was prepared to fill that role. Dr. Edwards confirmed the Police Department has other roles to fill first. Councilmember Graves added the school does not want an officer this year. Therefore, the only unfunded position would be for a detective in training. Another $50,000 went to funding a Fire Inspector and another $50,000 went to supporting a park maintenance position. Also, there was more money allotted to support youth violence prevention strategies and initiatives. Councilmember Lawrence-Anderson noted there was no discussion previously about which roles within the Brooklyn Center Police Department were frozen. The school has decided to use violence interrupters instead of a school resource officer. Councilmember Lawrence-Anderson explained her priority is street crimes. There need to be enough detectives, and the business community is in dire need of more support to deal with street crimes. Businesses have told her they cannot survive with the current level of theft. Public safety needs to be a priority. Grant money could be accessed to support a street crimes unit as public safety is of the utmost importance. Councilmember Lawrence-Anderson added the City is adding more residents and community members, but they need to support the Police Department with the same intensity. The positions need to be unfrozen. Councilmember Ryan noted his agreement with Councilmember Lawrence-Anderson's comments and concerns. Law enforcement has a dangerous job, and there needs to be an adequate backup available. The business community is also facing raising crimes. Businesses have stopped calling the police because officers are limited to responding to the most serious calls due to the low staffing levels. Councilmember Graves asked for more information about the Street Crimes Unit and what positions are open. Police Chief Kellace McDaniel stated the Department is consistently hiring. The frozen positions are a problem because Brooklyn Center has the third highest call volume in 9/26/22 -16- the State. He has seen officers struggling to respond to calls and the Department has to prioritize which is the most serious. Chief Kellace added businesses are losing tons of revenue due to stolen merchandise. There is currently no Street Crimes Unit because the investigators have been reassigned to street patrols. The detectives are behind on reports, and the detective in training would be helpful to move along with felony cases. Chief McDaniel noted there were no interveners in the school that day,so police officers had to respond to an in-school fight. He explained if he had a full budget, he could do a lot to help the City to survive. Councilmember Graves asked where the money goes if the school officer isn't used. Dr. Edwards stated some of the money for the school officer comes from the school, but they are no longer receiving that money. Mayor Elliott asked if the school wants a School Resource Officer. Dr. Edwards stated Staff is trying to develop community relationships and work on crime prevention amongst youth. The school showed disinterest in a school officer after the civil unrest, and their interest could change down the line. There should be multiple strategies for public safety, not just an officer or an intervener. Councilmember Graves noted her agreement with the comments of Dr. Edwards. She added she is in support of the current proposed budget. Councilmember Lawrence-Anderson stated she would like to divide the recommended motion into two separate motions. She explained she would support a 6.9 percent levy if more law enforcement positions are unfrozen. Councilmember Graves moved and Councilmember Ryan seconded to adopt RESOLUTION NO. 2022-100 setting the 2023 preliminary tax levy. Mayor Elliott stated times are tough for residents, and they need to stick to a lower levy number. There is a potential recession on the horizon that needs to be considered. Mayor Elliott stated he would support the 5.9 percent levy. Councilmember Ryan stated Mayor Elliott's comments were out of order. Mayor Elliott stated his comments were in order. Mayor Elliott voted against the same. Motion passed. Councilmember Graves moved to adopt RESOLUTION NO. 2022-101 setting the 2023 preliminary budget. Motion failed for lack of a second. Councilmember Ryan moved and Councilmember Lawrence-Anderson seconded to table 9/26/22 -17- discussion of the 2023 preliminary budget until the next meeting. Councilmember Graves asked if the tabling motion fails. Dr.Edwards stated the City has to submit a budget to the County. If it is not submitted by September 30, 2022,then the County will go with the 2022 budget. Mayor Elliott stated the Council can call a special meeting if need be. Dr. Edwards stated the budget has to be submitted by September 30,2022, so the special meeting would have to be noticed by September 27, 2022. Mayor Elliott asked if Staff would clarify what the City needs to submit to the County. Ms. Suciu stated the Assessor stated they weren't concerned with the details of the budget, but they need to know the levy and the debt service. Councilmember Graves pointed out that the budget and the levy are both preliminary, so there is an opportunity to change them down the line. Councilmember Ryan stated his understanding is that there is a deadline for the levy,but the budget can be passed to present to the County with the opportunity to make adjustments later on. Councilmember Lawrence-Anderson stated she is okay with the dollar amount in the budget but not the distribution of the budget to the various departments. Dr. Edwards noted the issue isn't the budget. The issue is whether or not the law enforcement positions should remain frozen. Councilmember Ryan withdrew his motion to table. Councilmember Graves moved and Councilmember Ryan seconded to adopt RESOLUTION NO. 2022-101 setting the 2023 preliminary budget. Motion passed unanimously. Councilmember Graves noted the Council needs to vote on if they would continue to meet as it is past 10:00 p.m., per the Council agreements. Mayor Elliott moved and Councilmember Ryan seconded to continue the meeting. Motion passed unanimously. 10b. RESOLUTION NO. 2022-102 APPROVING AND ENTERING INTO A JOINT POWERS AGREEMENT WITH THE CITY OF BROOKLYN PARK REGARDING WORKFORCE DEVELOPMENT INITIATIVES Dr. Edwards introduced the item and invited Ms. McMahan to make the staff presentation. 9/26/22 -18- Community Development Director McMahan introduced Workforce Development Programs Director Catrice O'Neal to continue the presentation. Ms. O'Neal explained the strategic oversight and staffing directed by Brooklyn Center City Council and Brooklyn Park Economic Development Authority. There is a BrookLynk Advisory Committee chaired by Dr. Edwards and Brooklyn Park City Manager Jay Stroebel. There are six people on the Workforce Development American Rescue Plan Act (ARPA) Planning Team and another six people operating the division at Brooklyn Park City Hall. Ms. O'Neal explained funding sources include grants through DEED, Hennepin County, and MnDOT, City investments, leveraged funds through employer-paid wages, and ARPA allocations from both cities. Ms. O'Neal stated the goals of the program include re-employment, with an emphasis on Black Indigenous Person of Color (BIPOC) job seekers to local jobs, local coordination, reimagining public safety by creating an inclusive economy with Cities United, and creating opportunities for higher barrier youth and young adults, and business coordination by connecting local businesses to talent, supporting recruitment and retention, providing workshops and training to enhance diversity, equity, and inclusion in the workplace. Ms. O'Neal noted that the shared strategies of the two cities include employment, economic inclusion, public safety, racial equity, economic advancement, and wealth-building. Ms. O'Neal explained there are five outcomes of the programming such as, residents will gain access to training and employment opportunities in in-demand industries,higher barrier youth will receive high-touch work readiness services, unemployment rates will decrease, and income will increase, particularly for BIPOC residents, violence will decrease as residents connect into the economy, and local businesses will hire local talent and create workplaces of choice for our residents. Ms. O'Neal listed the programs and initiatives offered. The programs include BrookLynk, Youth Entrepreneurship Program, Career Pathways, and the Community Partnership Program. Regional initiatives include CareerForce Relocation, OneTen, ConnextMSP/GreaterMSP, Elevate Futures, Northwest Education Consortium, Power of Us, and Black Youth Mental Health. Ms. O'Neal showed a chart with program progress and impact from 2022. BrookLynk served 397 youth. 23 residents participated in Career Pathways. Almost 100 youth participated in the Youth Entrepreneurship Program. Lastly, eight contracts are running with agencies that provide workforce development services. Ms. O'Neal added Career Pathways has new programs in 2023 including the Hwy 252/1-94 heavy construction training program. $98,000 was awarded to provide training and employment services to residents of Brooklyn Park,Brooklyn Center,and North Minneapolis. Partners include Building Strong Communities, HIRED, and Construction Career Foundations. 9/26/22 -19- Councilmember Graves thanked Staff for the presentation and the collaboration with Brooklyn Park. She noted there is an electrician group nearby that could be good to connect with. Also, there is a shortage of pharmacists,and there is some related training in the region. Brooklyn Center needs to look at gaps in education as well as gaps in the career field. Mayor Elliott noted his excitement for the Hwy 252/I-94 heavy construction training program. The training programs can have very positive influences on youth. Councilmember Ryan thanked Ms. O'Neal for the presentation and noted his appreciation of the initiatives. Councilmember Graves moved and Councilmember Ryan seconded to adopt RESOLUTION NO. 2022-102 approving and entering into a Joint Powers Agreement with the City of Brooklyn Park Regarding Workforce Development initiatives using ARPA Funds. Motion passed unanimously. 10c. CITY COMMISSION APPOINTMENTS Mayor Elliott moved and Councilmember Ryan seconded to table the item until the following meeting. Motion passed unanimously. 11. COUNCIL REPORT None. 12. ADJOURNMENT Mayor Elliott moved and Councilmember Ryan seconded the adjournment of the City Council meeting at 10:11 p.m. Motion passed unanimously. 9/26/22 -20- 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. Attached hereto is a full,true,and complete transcript of the minutes of a Regular Session of the City Council of the City of Brooklyn Center held on September 26,2022. 2. That said meeting was held according 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 October 10,2022,Regular Session. "'A City Clerk Mayor 9/26/22 -21-