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HomeMy WebLinkAbout2023 08.28 CCM WORK SESSION8/28/23 -1- MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL/ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA WORK SESSION AUGUST 28, 2023 CITY HALL – COUNCIL CHAMBERS CALL TO ORDER The Brooklyn Center City Council/Economic Development Authority (EDA) met in a Work Session called to order by Mayor/President April Graves at 8:43 p.m. ROLL CALL Mayor/President April Graves and Councilmembers/Commissioners Marquita Butler, Kris Lawrence-Anderson, Dan Jerzak, and Teneshia Kragness. Also present were City Manager Reggie Edwards, Community Development Director Jesse Anderson, Assistant City Manager/City Clerk Barb Suciu, and Attorney Jason Hill. CONCEPT REVIEW FOR 6010 EARLE BROWN DRIVE AND DISCUSSION ON POTENTIAL CHANGES TO MX-B DISTRICT TO ALLOW FOR PLACES OF RELIGIOUS ASSEMBLY This item was addressed during the Study Session. RESOLUTION AMENDMENT - THE DAUNTE WRIGHT AND KOBE DIMOCK- HEISLER COMMUNITY SAFETY AND VIOLENCE PREVENTION ACT During the Study Session, Mayor/President April Graves noted that the City Council/EDA reached a consensus to switch Work Session Item 3. Resolution Amendment - The Daunte Wright and Kobe Dimock-Heisler Community Safety and Violence Prevention Act and Work Session Item 2. Review and Discussion of a Community Benefits Agreement Template and Equity Development Framework, Draft Appendices to the Opportunity Site Master Plan to become Work Session Item 2. Resolution Amendment - The Daunte Wright and Kobe Dimock-Heisler Community Safety and Violence Prevention Act and Work Session Item 3. Review and Discussion of a Community Benefits Agreement Template and Equity Development Framework, Draft Appendices to the Opportunity Site Master Plan. City Manager Reggie Edwards explained the purpose of the presentation is to create time for the City Council/EDA to review and discuss the Daunte Wright and Kobe Dimock‐Heisler Community Safety and Violence Act. He noted he envisioned a few sessions to complete a robust discussion. There was a brief recess due to technology issues. 8/28/23 -2- Dr. Edwards shared a quote from Kathleen Kennedy Townsend, the daughter of Robert Kennedy, from the March on Washington, "Sad that people had to die and that violence moved people. Sad that my dad, uncle, and children had to die to fuel the Civil Rights Act and Voting Rights Act to be passed." Dr. Edwards stated the City Council/EDA passed the Daunte Wright and Kobe Dimock‐Heisler Community Safety and Violence Act in 2021 with Resolution 2021-73. After that, the Implementation Committee is formed. Before 2021, there was a report on the use of force and a report on citations on summons compiled after the formation of the Implementation Committee. The Office of Community Prevention, Health, and Safety was formed, and Staff obtained grant funding for alternative response and traffic stops pilot programs. Dr. Edwards stated in 2023, there was initial incremental budgeting started for prevention and intervention programming. The Implementation Committee recommended traffic stops, consent searches, and an alternative response model. Also, the settlement terms from the Duante Wright civil case were agreed upon. Dr. Edwards pointed out three "whereas" clauses that reflect the spirit of the Act. First, he said, "Whereas, the City of Brooklyn Center ("City') can create a safer, healthier, more just, and more thriving community by promoting a diversity of responses to our community's safety needs." Dr. Edwards stated the second highlighted clause was "Whereas, a diversity of approaches will improve overall public safety, better address the root causes of many systemic issues, promote racial justice, better protect vulnerable members of our community, and more efficiently allocate public resources while recognizing there is still work to be done to address policing mindset and culture." Dr. Edwards stated the second highlighted clause was, "Whereas the City Council is committed to putting in the work necessary to bring about changes as quickly as possible in how the City provides public safety while recognizing that some of these measures will take longer to implement than others and that additional work remains to be done to create a healthier and more equitable community even beyond this Act." Dr. Edwards stated sections 1 and 2 allowed for the adoption of the Act and the call for creating a Community Response Department. Sections called for creating an Unarmed Civilian Traffic Enforcement Department to enforce all non-moving traffic violations in the City. Dr. Edwards explained that the fourth section calls for the City to create a new Department of Community Safety and Violence Prevention responsible for overseeing all City agencies and City efforts regarding community health and public safety and ensuring a well‐coordinated, public health‐oriented approach. Dr. Edwards pointed out there are not currently any departments that have been created due to the Act. 8/28/23 -3- Dr. Edwards noted the fifth section called for the creation of a permanent Community Safety and Violence Prevention Committee to review and make recommendations regarding the policing response to recent protests, review the current collective bargaining agreement between the City and the Police Department and make recommendations, recommend the City Council/EDA create a separate and permanent civilian oversight committee for the new Department, and review Chapter 19 of the City Code and make recommendations. Dr. Edwards stated the sixth section called for the City to review and update its policies, practices, and training regarding the use of force. Section 7 required the City Council/EDA to direct the City Manager to a citywide "citation and summons, " the Implementation Committee will make recommendations regarding making these policy changes permanent and modifying them as needed. This item was addressed in 2022, already underway before the Act was passed. Dr. Edwards stated Section 8 called for the creation of the Implementation Committee with the responsibility to "propose amendments, ordinances, resolutions, policies, guidelines or other recommendations for the review, adoption and implementation of the will and intent expressed in this Act." Dr. Edwards noted Section 9 emphasized the need for community involvement in efforts while Section 10 authorized and directed Staff to provide all necessary assistance and support to all committees created according to the Act. Dr. Edwards noted four basic reflections he gathered from conversations with Staff. First, there is a request for the City Council/EDA to establish a time to develop an amended or new resolution, which would include all elements of the existing Act. There is a request for the City Council/EDA to identify functional or service units and build upon the City's efforts and actions already taken. Lastly, Staff would like to be included in the process. Dr. Edwards left the City Council/EDA with three main questions. First, he asked how the City Council/EDA would like to proceed regarding the discussion. Second, he asked what critical sections of the Act the City Council/EDA would like to explore for amending. Lastly, he asked if there were pressing questions by the City Council/EDA regarding the Act that need to be researched or answered before the next work session discussion. Councilmember/Commissioner Lawrence-Anderson asked if Section 6 has been completed. If so, it could be shortened. Dr. Edwards stated the City had already reviewed, updated, and reported its use of force policies before passing the Act. There could be an amendment that states a requirement for the City to continue to report its use of force policies with a potential timeline for review and updating. Councilmember/Commissioner Kragness stated she doesn't want to lose the heart of the Act. Some wording is reactionary, so it needs to be cleaned up and edited with long-term feasibility in mind. 8/28/23 -4- Councilmember/Commissioner Jerzak noted his agreement with Councilmember/Commissioner Kragness. There are a number of items that are unaffordable and unenforceable. It should not be a rushed process to review and update the Act. Councilmember/Commissioner Jerzak added Mayor/President Graves is in a difficult position as she has worked closely with the Implementation Committee, the Council/EDA, and the settlement. The City Council/EDA needs to hear presentations from relevant parties to share actionable options. The work could have a sunset date at the end of 2023. It is time for action. Councilmember/Commissioner Butler stated some of the issues from 2021 remain in 2023. There have been minor improvements, but there is a way to go. Countless innocent people have been harmed by the Brooklyn Center Police Department. There is a problem with how some officers engage with the community. Crime needs to be addressed, but there are additional problems on top of that. She added there needs to be actionable items rather than continued discussions. It was her preference to edit the Act rather than to write a new one. Councilmember/Commissioner Butler added members of the Implementation Committee need to be included in the editing process. It would be insulting to continue the process apart from them. Mayor/President Graves agreed the Implementation Committee needs to be involved. She noted there needs to be some minor edits, including the use of language that can be functional. For example, it isn't feasible or necessary to create three new departments, as the Act calls for. It is also a priority to develop a permanent advisory committee. Mayor/President Graves noted it appears that the City Council/EDA is trying to take action apart from the recommendations from the Implementation Committee, which is not the case. The Council/EDA's vote on the recommendations from the Implementation Committee is forthcoming. Mayor/President Graves pointed out she has had preliminary discussions with the Implementation Committee about potential edits. There were some opinions shared about particular wording or how the units would be structured. The discussion also pointed out the Act could be edited to include additional efforts the City has undertaken in the spirit of the Act. Mayor/President Graves stated, ultimately, that the goal of editing the Act is to create clarity for the community and Staff. The hope is that the language will be representative of the collective voice of the community. Mayor/President Graves added the first step is to work with Staff to create a space to hold conversations between the City Council/EDA, Implementation Committee, and relevant Staff regarding potential edits. Some portions of the Act have been implemented, but there are unknown variables to consider and nail down for clarity and direction. Sections 6-10 are well underway. Councilmember/Commissioner Lawrence-Anderson suggested the next step be to dive into Section 5. There needs to be clarification between the role of the Implementation Committee and the Community Safety and Violence Prevention Committee—also, the differences between a 8/28/23 -5- Committee and a Commission need to be considered. The majority consensus of the City Council/EDA was to move forward with editing Resolution No. 202-71, The Duante Wright and Kobe Dimock-Heisler Community Safety Prevention Act. There is a desire by the City Council/EDA to set up a conversation time with the Implementation Committee and to create a shared understanding of how to create action. Councilmember/Commissioner Lawrence-Anderson noted she would like the Director of Fiscal and Support Services, Angela Holm, to be present in clarifying conversations to share information on feasibility. When the Act was passed, the City Council/EDA already knew Sections 2-4 were not fiscally possible. Councilmember/Commissioner Jerzak stated the City Council/EDA wants to reduce harm in the community, particularly for communities of color. He hopes various Staff and Implementation Committee members can bring that shared interest together to create a clear, actionable Act that benefits the community. The dream of perfection should not get in the way of doing good. Councilmember/Commissioner Butler left the meeting at 9:26 p.m. REVIEW AND DISCUSSION OF A COMMUNITY BENEFITS AGREEMENT TEMPLATE AND EQUITY DEVELOPMENT FRAMEWORK, DRAFT APPENDICES TO THE OPPORTUNITY SITE MASTER PLAN Dr. Edwards introduced the item and invited Community Development Director Jesse Anderson to continue the Staff presentation. Community Development Director Jesse Anderson explained since 2019, City staff have been working on progressing a Master Plan for the 80-acre Opportunity Site. From the beginning, this Master Plan intended to shift development expectations within the Opportunity Site towards community serving in their process and outcomes. As such, the buildout of the Opportunity Site is intended to be a collaborative endeavor between the City and developers who seek to join the City in improving the quality of life for all who call the Brooklyn Center home. He introduced Mike Thompson, a representative of Bolton & Menk, and asked him to continue the presentation. Mike Thompson, a representative of Bolton & Menk, showed a timeline of the project thus far. In 2021, an infrastructure framework was adopted. Today, they are finalizing plan content, developing an implementation plan and supportive appendices, and continuing coordination with the Alatus Phase 1 Development Site. The appendices are the basis of the presentation at hand. Mr. Thompson stated the Community Benefits Agreement (CBA) is the first appendix to address. A CBA is a legal contract between the City and a prospective developer/owner outlining the development project's community benefits. The CBA Template tool provides community- identified benefits that City Staff and the development team can tailor and negotiate on a project‐ by‐project basis. A signed and agreed-to CBA will be required for any Opportunity Site development application within City Owned land or requiring public subsidy. Mr. Thomson stated 8/28/23 -6- there are five benefits "menu categories": housing and residential communities, economic development and employment opportunities, transportation and connectivity, public realm, public space, public life, sustainability, resilience, and the natural environment. Mr. Thompson noted the next consideration is the Equity Development Framework. The Equity Development Framework is a tool to assess the degree to which a prospective development adheres to Master Plan principles and practices of equitable development and environmental justice. The framework provides a collection of design practices that city staff and the development team can continually review and discuss during project design; it is not a scorecard, however, and outcomes are intended to be considered on a project‐by‐project basis. A final completed framework must be submitted for any Opportunity Site development application within City Council/EDA ‐Owned land or requiring public subsidy. Mr. Thompson explained six equity framework categories: livability, community power and engagement, economic and land use, housing, transportation, and environment. Ultimately, the Equity Development Framework is not a legal agreement but a framework. Mr. Thompson stated the process for the CBA is first to inform the prospective developer of CBA requirements for projects on city‐owned land or requesting public subsidy and share CBA. Upon receipt of an application for financial assistance or offer to purchase EDA/City‐owned land, Staff & developer discuss potential project benefits. A preliminary benefits package is negotiated between Staff and the developer. It is included in a non‐binding Term Sheet for public assistance and purchase options for City Council/EDA consideration and revision. Final CBA is included with consideration of a final public financing agreement and purchase agreement. Mr. Thompson noted the process for the Equity Development Framework varies slightly. The first step is to inform the prospective developer of the Equity Development Framework requirement for projects on city‐owned land or to request a public subsidy and share Framework. During project design, Staff and developer discuss Framework principles, conducting a design review multiple times if needed. A final Framework document is completed between Staff and the developer and is included with the formal development application. Lastly, the City Council/EDA reviews the framework during the development application review to inform its decision on project approval. Mayor/President Graves pointed out that the CBA and Framework could be developed for the Opportunity Site but be applied to ample future developments. Councilmember/Commissioner Jerzak asked if the developer works within the CBA and Equity Development Framework processes and if the processes are workable. Mr. Thompson stated the developer is on board with both considerations. The developer is concerned with creating the best development package for the people and their community. Focusing on a framework rather than a scorecard promotes flexibility and decreases bureaucracy. Mayor/President Graves stated there doesn't need to be a CBA for every development throughout the City. She asked what variables would trigger a CBA and if that could be included in the Equity Development Framework. Mr. Thompson stated the levers afforded to the City to implement a 8/28/23 -7- CBA regarding EDA-owned land and the like. Future conversations could exist about applying a similar Framework to other development decisions. Dr. Edwards pointed out that Staff already runs potential projects through a process similar to the Equity Development Framework before presenting anything to the City Council/EDA. Mayor/President Graves noted she believes Staff includes similar considerations in their process. However, she suggests creating a scorecard or framework specifically for the Council/EDA to help in their discussion and decision-making efforts. ADJOURNMENT Councilmember/Commissioner Jerzak moved, and Councilmember/Commissioner Kragness seconded adjournment of the City Council/Economic Development Authority Work Session at 9:37 p.m. Motion passed unanimously.