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HomeMy WebLinkAbout2024.01.22 CCM REGULAR SESSION1/22/24 -1- DRAFT 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 JANUARY 22, 2024 CITY HALL – COUNCIL CHAMBERS 1. CALL TO ORDER The Brooklyn Center City Council met in an Informal Open Forum called to order by Mayor Graves at 7:04 p.m. 2. ROLL CALL Mayor April Graves and Councilmembers Marquita Butler, Kris Lawrence-Anderson, Dan Jerzak, and Teneshia Kragness. Also present were City Manager Reggie Edwards, Director of Fiscal & Support Services Angela Holm, Liquor Store Operations Manager Tom Agnes, Assistant City Manager/City Clerk Barb Suciu, and City Attorney Jason Hill. 3. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. 4. INFORMAL OPEN FORUM WITH CITY COUNCIL CALL TO ORDER INFORMAL OPEN FORUM Mayor April Graves opened the meeting with Informal Open Forum. Emily Truseth stated my husband and I bought our home here 14 years ago and we've raised our children here. I love living in Brooklyn Center. However, the last few years have made it abundantly clear that we have a lot of work to do to make Brooklyn Center a safe place for all of our residents. Evidence of the needs for, for this work can be found within our community spaces online, where residents use racist dog whistles and bully folks that call out racism in the city or even in the online spaces. Additionally, evidence can be found during the few City Council meetings that I've attended via Zoom that include ridiculous amounts of gatekeeping, including the proposed measures suggested tonight to close any national discussion. There have been a number of racist comments in online forums and the Council meetings include a ridiculous amount of gatekeeping. Brooklyn Center does not exist in a vacuum, and the national issues can and do affect our community. Additionally, these gate keepings make it difficult for the average resident to participate, and the regular, unchecked, racially coded comments that are dehumanizing, harmful, and exclusionary. And of course, the most glaring and shameful evidence that police have murdered two of our residents. 1/22/24 -2- DRAFT Mayor Graves stated that she was going to have to stop Ms. Truseth because it sounds like it's related to one of our agenda items. And I did say that I was going to prevent people from speaking on that tonight. Julie Bourque noted accessibility continues to be an issue with Council meetings and Commission meetings. She explained it is difficult for her to leave her home due to health issues and being a single parent. She should have access to any public meetings and information. She added it is concerning that the first hour of the meeting will no longer be televised or accessible. It is not inclusive or equitable. Additionally, it is an issue that the Charter Commission doesn’t have any remote viewing options, nor are the agendas and minutes available online. The strategic planning sessions mentioned the importance of accessibility, but that is not being upheld. Mayor Graves pointed out that the decision to stop televising the first hour is only for a trial period of three months. The intention is to allow the Council to have more discussion without interruptions. Katie Wright stated there is a Blue Lives Matter flag with “KP” written on it in the Brooklyn Center Police Department’s roll call room, which refers to Kim Potter. If that is a reflection of what the City wants to represent, it is very disheartening. It is very offensive not only to her family but to the community. She questioned what the city is telling the new police chief when they come on, and new officers, as well as felons who have been charged with similar crimes as Kim Potter. She suggested the Council and Staff address the matter and that anyone with knowledge of the current flag be considered for disciplinary action. Katie Wright noted her agreement with the comments of Julie B. regarding the lack of transparency in the first hour of the meeting. The lack of transparency is unacceptable. Toshira Garroway explained she has worked closely with the families of Duante Wright and Kobe Dimock-Heisler. Many attendees are present to hear the outcome of the vote on Council Consideration Item 10a. Resolution Directing the Adoption of Traffic Stop and Consent Search Policies for the Brooklyn Center Police Department. The mothers of Duante Wright and Kobe Dimock-Heisler have an interest in speaking publicly following the vote. Duante Wright’s murder was well-covered in the media. Toshira Garroway. added it is difficult to hear the Mayor state she has no interest in hearing from the community on the issue. She stated it was hurtful to hear this. She was rooting for Mayor Graves during the election, but her character is now questionable. She asked that after the vote, we have a chance to speak. Mayor Graves stated there have been several opportunities for the community to provide feedback and commentary on Council Consideration Item 10a. Resolution Directing the Adoption of Traffic Stop and Consent Search Policies for the Brooklyn Center Police Department. It is the consensus of the Council to move ahead with the agenda item in line with the rules of the meeting. She urged the Council to keep up with technological accessibility. 1/22/24 -3- DRAFT Randy C hristensen noted he was surprised that the meeting was no longer being televised for the first hour. The lack of communication and transparency is disheartening. It is also frustrating that there isn’t an option to speak on agenda items and that more public meetings are not available remotely. Lillian McDonald thanked the Council for their hard work. She thanked the community for the work they are trying to do. We are a healing city right now, and it’s time we turn the page. Everyone has to be on the same page to move forward. Lillian McDonald stated the City needs to address homelessness and local encampments. She explained she represents her neighborhood, which is near a large encampment. The City needs to come together to find a path forward. She has emailed Staff multiple times asking for updates with few responses. The City needs to promote safety, health, and building community. The encampment is also concerned with the cold weather in mind. Lillian McDonald thanked the meeting attendees for their involvement in the Council meeting. Councilmember Butler moved, and Councilmember Jerzak seconded to close the Informal Open Forum at 7:20 p.m. Motion passed unanimously. 2. INVOCATION Councilmember Jerzak noted City Manager Dr. Reggie Edwards had reached out to him to ask what he did for Martin Luther King Jr.’s Day. He traded the invocation with Councilmember Lawrence-Anderson to share his experience. Councilmember Jerzak explained he and his family were in Memphis when Martin Luther King Jr. was murdered. While traveling, he saw signs that segregated the use of drinking fountains on the basis of race. A member of the audience began speaking. Mayor Graves stated the commenter would be asked to leave if she continued to interrupt the meeting. Councilmember Jerzak stated Martial law had been imposed, so there were checkpoints. His father showed his military ID to pass through the checkpoints. He asked his father if they would be okay. His father said, “Our family will be okay, but I don’t know if the country will be okay.” Councilmember Jerzak noted the country hasn’t come all that far since then, though there have been some improvements. He shared more quotes from his father regarding race. 6. APPROVAL OF AGENDA AND CONSENT AGENDA 1/22/24 -4- DRAFT Councilmember Jerzak moved, and Councilmember Kragness seconded to approve the Agenda and Consent Agenda, and the following consent items were approved: 6a. APPROVAL OF MINUTES 1. January 8, 2024 – Study Session 2. January 8, 2024 – Regular Session 6b. 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RESOLUTION NO. 2024-15; ACKNOWLEDGING AWARDED FUNDS FOR THE HENNEPIN YOUTH FACILITY AND PLAY SPACES GRANT AND AUTHORIZING ACCEPTANCE OF GRANT FUNDS 6d. RESOLUTION NO. 2024-16; ACKNOWLEDGING AWARDED FUNDS FOR THE HENNEPIN COUNTY HEALTHY TREE CANOPY GRANT AND AUTHORIZING ACCEPTANCE OF GRANT FUNDS 6e. RESOLUTION NO. 2024-17; APPROVING PLANS AND SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS, IMPROVEMENT PROJECT NO. 2024-01 ORCHARD LANE EAST IMPROVEMENTS 6f. RESOLUTION NO. 2024-18; ACCEPTING STATE CONTRACT PRICING AND AWARDING A CONTRACT, PROJECT NO. 2024-11, 2024 PARK PLAYGROUND REPLACEMENTS Motion passed unanimously. 7. PRESENTATIONS/PROCLAMATIONS/RECOGNITIONS/DONATIONS 8. PUBLIC HEARINGS 8a. RESOLUTION NO. 2024-19; AUTHORIZING CONTINUATION OF MUNICIPAL LIQUOR OPERATIONS IN THE CITY OF BROOKLYN CENTER City Manager Reggie Edwards introduced the item and invited Liquor Store Operations Manager Tom Agnes to make the staff presentation. 1/22/24 -6- DRAFT Liquor Store Operations Manager Tom Agnes explained municipal liquor operations are authorized by State statute and were originally authorized as a means to control the sale of alcohol. Profitable liquor operations are a source of revenue to supplement traditional tax and fee revenues necessary for City operations. Mr. Agnes stated City of Brooklyn Center currently operates two municipal liquor stores. Operations began in December of 1949. The location in Shingle Creek Crossing is owned and operated by the City while the location on Brooklyn Boulevard occupies rental space in a strip mall. Mr. Agnes stated each year the State issues an “Analysis of Municipal Liquor Store Operations” report annually. It usually comes out in the fall and addresses activity for the prior calendar year. It provides comparative data on municipal liquor operations owned by Minnesota cities. There are 176 cities in Minnesota that operate municipal liquor establishments. Of the 211 stores, there are 18 in the Seven-County Metro Area. Mr. Agnes pointed out that Brooklyn Center liquor operations had a net loss of $51,171 in the fiscal year 2021 and a net loss of $59,236 in the fiscal year 2022. The City's municipal liquor operation sustained net losses due primarily to the impact of COVID-19 business interruptions and losses sustained during the localized civil unrest surrounding the killing of Daunte Wright. Mr. Agnes noted Minnesota statute 340A.602 requires that the City Council of any city with a municipal liquor operation that sustains net losses in any two of three consecutive years hold a public hearing regarding the continuation of the operation. Mayor Graves asked if there was a net loss in 2023. Mr. Agnes stated the numbers for 2023 are not yet available. Mr. Agnes showed a graph with liquor sales over the past 10 years and then a graph of total profit including net profit, depreciation, and transfers. Councilmember Kragness thanked Mr. Agnes for the presentation. She asked if the preliminary 2023 numbers were positive or negative. Mr. Agnes noted there are a number of influential factors. A bond payment is converting from interest only to principal, which will result in a large jump up. Also, they will always have a depreciation number. 2023 started off well, but the closing of Walmart negatively impacted Liquor Store One’s profits. That store is down around 100,000 transactions from previous years. Councilmember Lawrence-Anderson moved and Councilmember Jerzak seconded to open the Public Hearing. Motion passed unanimously. Lilian McDonald asked Mr. Agnes what had been done to improve profits. 1/22/24 -7- DRAFT Mayor Graves reminded the attendees of decorum and to address the presiding officer with any comments or questions. Mr. Agnes stated there are promotions on social media, which seem to have a lot of traction. Also, they are trying to hire solid employees as they are currently down eight employees. Kevin Scherber stated the cans seem to cater to the biggest drinkers. He suggested the stores provide more variety. Jeff Lewis asked if the City has considered leasing out the location owned by the City to a private entity. Mike Crosby asked the Council to help the municipal liquor stores as it is a method to pay for City services. He asked if the new cannabis laws create competition for the City and how the City’s income will be impacted. Mr. Agnes stated the municipal stores have started to carry THC products and they have been selling well. He pointed out some cities have reported an increase in THC sales along with a decrease in alcohol sales. Julie Bourque stated the stores are convenient and have great employees. She noted her support of the stores. Councilmember Jerzak moved and Councilmember Butler seconded to close the Public Hearing. Motion passed unanimously. Councilmember Jerzak moved and Mayor Graves seconded to adopt Resolution No. 19; Authorizing the Continuation of the City's Municipal Liquor Operations. Motion passed unanimously. 9. PLANNING COMMISSION ITEMS None. 10. COUNCIL CONSIDERATION ITEMS 10a. RESOLUTION NO. 2024-20; DIRECTING THE ADOPTION OF TRAFFIC STOP; RESOLUTION NO. 2024-21; CONSENT SEARCH POLICIES FOR THE BROOKLYN CENTER POLICE DEPARTMENT City Manager Reggie Edwards introduced the item and provided a history of the resolution. He explained in May 2021, the City Council of the City of Brooklyn Center adopted Resolution No. 1/22/24 -8- DRAFT 2021-73, a resolution adopting the Daunte Wright and Kobe Dimock-Heisler Community Safety and Violence Prevention Act. Since February 28, 2022, the Implementation Committee has conducted regular meetings, and working with experts to gather data and consider City Code amendments, ordinances, resolutions, policies, and guidelines with regard to public health-oriented approaches to community safety. In September of 2022, the Committee developed and prepared policy recommendations regarding traffic stops and consent searches. Dr. Edwards pointed out in June 2023 that staff made recommendations to the City Council regarding traffic stops and consent searches based upon the review of the recommendations made earlier by the Implementation Committee. Following Staff’s presentation, the Council directed Staff to bring back a resolution adopting a policy for traffic stops and consent searches. Dr. Edwards noted Staff reviewed reasons for traffic stops and assigned safety ratings. The intention is to promote traffic safety while mitigating potentially dangerous interactions. They also separated the traffic and consent search policies. It was a recommendation from the Implementation Committee for the measures to be introduced as policies instead of ordinances. There was also a preference for community education on consent searches. Dr. Edwards explained the item before the Council is to adopt both the traffic stop and consent search policies. They were drafted by City Attorney Jason Hill. Mr. Hill noted the policies have been thoroughly reviewed by the City Staff, Council, and the Implementation Committee. There has been a large amount of community engagement. The first item before the Council is a traffic stop policy that eliminates seven reasons for traffic stops. The regulations would be enacted through the adoption of policies rather than ordinances, and standalone policies should be incorporated into the Brooklyn Center Police Department Policy Manual. He stated that there are seven specific items in here that are to be kept out as initiating a traffic stop. The language would be incorporated into the police department’s manual. It includes a language that came out of the implementation committee and its original ordinance format. Mr. Hill added the second resolution is regarding consent searches. As Dr. Edwards indicated, it’s not a resolution adopting a specific policy at this time, but is more about gathering data and creating a tracking system than changing any current practices. There is also a direction to research and create a balance of powers statement for the Police Department to use during consent searches. Mayor Graves stated a timeline needs to be established regarding the crafting of the balance of powers statement and the creation of the tracking system, should the resolutions pass. There was no disagreement from the Council. Mayor Graves read a prepared statement to reflect on the process. “Too often in today's political and cultural climate, perspectives and voices become polarized. And because of this, policy and systems change become stagnant, services become inadequate and harmful, issues are left unaddressed, and relationships become sour, reducing the public trust. People shut down and walk away from important conversations because they get burned out and feel like their voices and perspectives are not valued. 1/22/24 -9- DRAFT They believe that it's a waste of time, that nothing will ever get done. Since becoming mayor last year, I have worked intentionally to try to change that pattern of interaction in Brooklyn Center. I always approach issues with an attitude of collaboration and coordination. Issues that impact the larger community should never be made in the vacuum. And our own personal perspectives should never become the sole focus of our collective work to create a more just safe, healthy culture, community, and society. A willingness to compromise becomes crucial to progress. The recommendations we see before us today are the result of hours of research, many, many courageous conversations with community, staff, council, and a willingness to step into uncomfortable spaces and dialogue with people that we may not have in the past. It has become an imperfect, it has been an imperfect process, and we are imperfect human beings. But I'm proud of the progress that we have made, and I'm proud of the recommendations that we have in front of us this evening. Make no mistake, these recommendations are a compromise. They are a balance between the larger recommended changes presented by the Dante Wright Colby Dimock Heisler Implementation Committee, and the alternative where we do nothing to enact changes that work to prevent further harm. As leaders, public servants, elected officials, it is our duty to improve the way we serve our community. We know Brooklyn Center faces many of the same public safety challenges. and racial and economic disparities that are prevalent nationally. I know that there will be some people in this room that feel that these recommendations don't go far enough. And I know that there will be some people here that believe that they go too far. But if nine plus years in public office has taught me anything, it is that it is impossible to please everyone all the time. Nonetheless, it is my hope that as the council votes tonight, that we can see clearly and value the important work that has been done to get us here. We stepped out of our comfort zones, we worked to listen to understand one another, and we came up with recommendations that took multiple perspectives into account. I also hope that we can learn from what has worked, what hasn't worked, and that we can build upon this moment, sustain and grow our relationships, cultivate deeper understanding of another's lived experience, and hold ourselves and one another accountable to the continued and even more intentional collaborations across our differences. I strongly believe if we do this, it will improve our collective ability to be compassionate and knowledgeable stewards of our community and to create a more safe, healthy, and just Brooklyn Center now and into the future. The collaborative work has been extremely important. Systems change can become stagnant, and community members may feel discouraged during the process. It has been her goal as Mayor to promote collaboration. Decisions should never be made in a vacuum, nor should decisions reflect only one person’s preferences. The recommendations before the Council are a result of countless research, community dialogues, and Staff review. She is proud of the progress and the recommended resolutions. She pointed out the resolutions are ultimately a 1/22/24 -10- DRAFT compromise between various parties.” Councilmember Butler stated it is her eighth and final year on the Council, meaning she was on the Council for the deaths of both Daunte Wright and Kobe Dimock-Heisler. She regrets that the Council didn’t have the courage following the death of Kobe Dimock-Heisler to implement any changes. It could have impacted the life of Daunte Wright. Councilmember Butler recognized the courage of the mothers and the time they have contributed to improving the community. Also, the Implementation Committee spent a number of hours working with professionals and forming recommendations. They were criticized for their work, but they should be thanked for their efforts. Councilmember Butler agreed the policies were a compromise and were not what she wanted to approve for the City. However, it will move Brooklyn Center in the right direction. Two years ago, they were going to be a leader in the Nation. The City has fallen behind, but it has learned what does and doesn’t work in implementing change. Councilmember Butler moved, and Mayor Graves seconded to adopt a Resolution adopting the traffic stop policy for the Brooklyn Center Police Department. Councilmembers Jerzak, Kragness, and Lawrence-Anderson voted against the same. Motion failed. Amity D. stated shame on you, shame on you. Swear to god, I hope your kids die. Councilmember Butler moved and Mayor Graves seconded to adopt a Resolution adopting the consent search policy for the Brooklyn Center Police Department. Councilmembers Jerzak, Kragness, and Lawrence-Anderson voted against the same. Motion failed. Katie W. stated you guys are some sorry people and more people are going die and you can’t do the right thing. She has been fighting for three years, and her son has been dead for two years and nine months, and you guys say no to a policy that is going to protect people. Why? Because Councilmember Jerzak is the most racist person on this city council and I am going to make sure everyone knows that. Mayor Graves called for a recess. Mayor Graves asked for a motion to adjourn the meeting. Mr. Hi ll, stated there needs to be a motion to table item 10b. 10b. APPROVAL OF THE 2024 LEGISLATIVE PRIORITIES 1/22/24 -11 - DRAFT Councilmember Butler moved, and Mayor Graves seconded to table Council Consideration Item 10b. Approval of the 2024 Legislative Priorities. Motion passed unanimously. 11. COUNCIL REPORT This item was not addressed. 12. ADJOURNMENT Councilmember Jerzak moved, and Councilmember Kragness seconded adjournment of the City Council meeting at 8:20 p.m. Motion passed unanimously.