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HomeMy WebLinkAbout2025.03.10 CCM REGULAR3/10/25 -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 MARCH 10, 2025 CITY HALL – COUNCIL CHAMBERS 1. INFORMAL OPEN FORUM WITH CITY COUNCIL The Brooklyn Center City Council met in Informal Open Forum called to order by Mayor April Graves at 7:00 p.m. 2. ROLL CALL Mayor April Graves and Councilmembers Kris Lawrence-Anderson, Dan Jerzak, Teneshia Kragness, and Laurie Ann Moore. Also present were City Manager Reggie Edwards, Director of Fiscal & Support Services Angela Holm, Director of Public Works Elizabeth Heyman, Community Development Director Jesse Anderson, Director of the Office of Community Prevention, Health and Safety LaToya Turk, Fire Chief Tom Berg, Police Chief Garett Flesland, Director of the Parks and Recreation Department Cordell Wiseman, City Clerk Barb Suciu, and City Attorney Siobhan Tolar. 3. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. 4. INFORMAL OPEN FORUM Mayor Graves pointed out that residents have requested to speak about Council Consideration Item 10d. Discussion of Resolution 2024-138, a resolution establishing the Brooklyn Center Community Safety and Violence Prevention Commission and Defining Duties and Responsibilities. She asked if the Council would be open to receiving comments during the Informal Open Form on the item. Councilmember Moore stated she does not support comments on the item. Councilmember Jerzak stated he doesn’t support comments on the item. Mayor Graves opened the meeting for the purpose of Informal Open Forum and reviewed the Rules of Decorum. Mayor Graves added Resolution 2021-073 has been added to the Consent Agenda, so the Council will not be receiving comments on it. 3/10/25 -2- DRAFT Katie W. stated she is not allowed to talk about what she wanted to talk about. She explained it is disheartening for the Council to talk about a topic 21 times without any changes. People claim changes have been implemented. However, her son would not have been saved with the minimal changes the City has instituted. The Council has discussed the same topic 21 times, but her son didn’t even get 21 birthdays. Jude N. explained he is a long-term community member. He stated Dr. Edwards has done a lot for Brooklyn Center, especially during COVID-19 and the protests following the killing of George Floyd. Brooklyn Center is extremely diverse, and Dr. Edwards has worked to serve as many groups of people as possible. Dr. Edwards is well-educated, has social capital, and is a hard worker. The Council needs to consider the community in their decisions. Dr. Edwards is a great leader. Mayor Graves reminded the commenters to limit their time to two minutes. Sophia W. noted her appreciation of Dr. Edwards as City Manager. His work has tremendously benefitted Brooklyn Center. He has his doctorate and is knowledgeable about City happenings. Sophia W. added it is very important to talk about the history of Brooklyn Center in the Council meetings and other spaces. If history is not discussed, they are doomed to repeat it. They must also honor those who have been murdered by law enforcement such as Duante Wright and Kobe Dimock-Heisler. Julie B. thanked Staff for their work to increase safety in the community such as Police Chief Garett Flesland and his Staff, Director of the Office of Community Prevention, Health and Safety LaToya Turk and her Staff, Director of the Parks and Recreation Department Cordell Wiseman and his Staff, and Dr. Edwards for their efforts to promote community safety. She pointed out Dr. Edwards is only one of the three percent of Black City Managers in the State. He is also one of the few City Managers to have a doctorate. She thanked City Clerk Barb Suciu for the work she has done to increase accessibility to City Commissions. Elizabeth S. explained she worked in Brooklyn Center schools for several years. It is appalling that the Council is stuck in a cycle of discussion. They vote for one thing and then repeal it. Also, they aren’t following through with the commitments they have made. It is traumatic for the community. Jon S. stated the Council needs to continue to build trust. Egos are getting in the way of progress. There are students watching who don’t understand it. Jon S. added the crime reduction efforts by law enforcement are not being acknowledged. Chief Flesland has offered an olive branch to the community and promoted community policing. Dr. Edwards has also promoted healing in the community. Kevin S. noted a lot of things happened before the Regular Session. He requested the Study Session be broadcast. The public comments have been added to the broadcast, and they need to make more of an effort for transparency. 3/10/25 -3- DRAFT Nahid K. pointed out she is the Chair of the Cultural and Public Arts Commission. There is space for four non-voting members, and they are looking for experts to fill the seats. She requested additional non-voting positions be added to other commissions to provide expertise. Mayor Graves stated her time was up. Nahid K. thanked Staff for their work in supporting the Cultural and Public Arts Commission. Mayor Graves stated her time was up. Nahid K. thanked Dr. Edwards, Mr. Wiseman, and Ms. Turk. Amity D. introduced herself as the mother of Kob Dimock-Heisler. She thanked Councilmembers for their work to change the community for the better. She suggested the traffic stop recommendations from the Implementation Committee be reconsidered. Mayor Graves moved and Councilmember Jerzak seconded to close the Informal Open Forum at 6:26 p.m. Motion passed unanimously. 5. INVOCATION Mayor Graves noted it is Women’s History Month. She shared a quote from Ruth Bader Ginsburg, “As women achieve power, the barriers will fall. As society sees what women can do, as women see what women can do, there will be more women out there doing things, and we'll all be better off for it.” Mayor Graves shared a quote from Kavita Ramdas, “We need women who are so strong they can be gentle, so educated they can be humble, so fierce they can be compassionate, so passionate they can be rational, and so disciplined they can be free.” Mayor Graves shared a quote from Maya Angelou, “Each time a woman stands up for herself, without knowing it possibly, without claiming it, she stands up for all women.” Mayor Graves shared a quote from Margaret Thatcher, “If you want something said, ask a man. If you want something done, ask a woman.” Mayor Graves added it was recently the anniversary of Bloody Sunday, which happened on March 7, 1935. State troopers and local police attacked unarmed protesters. They were beaten with clubs and tear gas was released. They were protesting for their right to vote, and many African Americans were hospitalized. The President signed their right to vote into law later that year. This is important to reflect on as other voting rights are being reconsidered. Mayor Graves shared a quote from Martin Luther King, Jr., “A nation that continues year after year to spend more money on military defense than on programs of social uplift is approaching spiritual death.” 3/10/25 -4- DRAFT Mayor Graves shared a quote from Martin Luther King, Jr., “White Americans must recognize that justice for Black people cannot be achieved without radical changes in the structure of our society” Mayor Graves shared a quote from Martin Luther King, Jr., "Again we have deluded ourselves into believing the myth that Capitalism grew and prospered out of the protestant ethic of hard work and sacrifice. The fact is that Capitalism was built on the exploitation and suffering of Black slaves and continues to thrive on the exploitation of the poor—both Black and white, both here and abroad." Mayor Graves shared a quote from Martin Luther King, Jr., "The price that America must pay for the continued oppression of the Negro is the price of its own destruction. " Mayor Graves shared a quote from Martin Luther King, Jr., “Whites, it must frankly be said, are not putting in a similar mass effort to reeducate themselves out of their racial ignorance. It is an aspect of their sense of superiority that the white people of America believe they have so little to learn. The reality of substantial investment to assist Negroes into the twentieth century, adjusting to Negro neighbors and genuine school integration, is still a nightmare for all too many white Americans…These are the deepest causes for contemporary abrasions between the races. Loose and easy language about equality, and resonant resolutions about brotherhood fall pleasantly on the ear, but for the Negro there is a credibility gap he cannot overlook. He remembers that with each modest advance, the white population promptly raises the argument that the Negro has come far enough. Each step forward accents an ever-present tendency to backlash.” 6. APPROVAL OF AGENDA AND CONSENT AGENDA Mayor Graves moved and Councilmember Kragness seconded to approve the Agenda and Consent Agenda, as amended, with amendments to the Regular Session minutes of February 24, 2025, as noted by Councilmember Kragness during Study Session and moving Study Session Council Miscellaneous Discussion Item A. Discussion of Resolution 2021-073 to become Regular Session Consent Agenda Item E. Resolution 2021-073, and the following consent items were approved: 6a. APPROVAL OF MINUTES 1. January 27, 2025 – Regular Session 2. February 24, 2025 – Study Session 3. February 24, 2025 – Regular Session 4. February 24, 2025 – Work/EDA Session 6b. LICENSES HOSPITALITY ACCOMMODATIONS Country Inn and Suites 2550 Freeway Boulevard Motel 6 2741 Freeway Boulevard 3/10/25 -5- DRAFT MECHANICAL Farr Plumbing & Heating LLC 2525 Nevada Avenue N #104 Golden Valley 55427 Norse Heating & Air 1355 Geneva Avenue N #102 Oakdale 55128 RENTAL INITIAL (TYPE IV – six-month license) 5637 Girard Avenue N Julian Guo & Ruofei Xu INITIAL (TYPE III – one-year license) 7125 Riverdale Road STEPHANIE D ANDERSON GROTH INITIAL (TYPE II – two-year license) 4201 Lakeside Avenue N, #104 Jmg Property Llc 5712 Bryant Avenue N CAG MINNESOTA FUND II LL RENEWAL (TYPE IV – six-month license) 5103 Xerxes Avenue N Donna Denise Williams 6742 France Avenue N Walter M Robinson 5300 France Avenue N Ih3 Property Minnesota Lp 5307 Penn Avenue N Ronnet Renay Dossman 6116 Aldrich Avenue N BRIDGE SFR IV SEED BWR LLC 6706 Scott Avenue N Green Jacket LLC 7018 France Avenue N Cmcb Llc RENEWAL (TYPE III – one-year license) 5211 Xerxes Avenue N Bmw Holdings Llc 5843 Fremont Avenue N Fremont Llc 1312 68th Lane N Markon Rentals LLC 5728 Logan Avenue N Konstantin Ginzburg RENEWAL (TYPE II – two-year license) 3/10/25 -6- DRAFT 1339 67th Lane N Wagner Property Rentals LLC 2913 65th Avenue N Maria Chang 5330 Girard Avenue N C Bright/wagner Prop Rnt Llc 5921 Ewing Avenue N Rosa Elvira Lema Bonete 6800 France Avenue N WILBURT BROOKS ET AL RENEWAL (TYPE I – three -year license) 4207 Lakeside Avenue N, #327 Doug Hollman & Rachel Petz 3707 Urban Avenue N Home Investments Llc 5425 70th Circle 786 Homes-m25 Llc 6828 Fremont Place N 786 Homes-f28 Llc 7207 Willow Lane N Ari R Woods 6c. RESOLUTION NO. 2025-030 ACCEPTING BID AND AWARDING A CONTRACT, IMPROVEMENT PROJECT NO. 2025-01, WELL NO. 11: WELL AND PUMPHOUSE PROJECT 6d. ORDINANCE NO. 2025-03 AMENDING SECTIONS 35-2301, 35-2302, AND 35-5100 OF THE CITY CODE OF ORDINANCES REGARDING THE MAXIMUM SIZE OF AN INDIVIDUAL NON- RESIDENTIAL USE IN THE NEIGHBORHOOD MIXED-USE ZONING DISTRICTS – SECOND READING AND RESOLUTION NO. 2025-031 APPROVING SUMMARY PUBLICATION OF AN ORDINANCE AMENDING SECTIONS 35-2301, 35- 2302, AND 35-5100 OF THE CITY CODE OF ORDINANCES REGARDING THE MAXIMUM SIZE OF AN INDIVIDUAL 6d. RESOLUTION NO. 2021-073 ADOPTING THE DAUNTE WRIGHT AND KOBE DIMOCK-HEISLER COMMUNITY SAFETY AND VIOLENCE PREVENTION ACT WITH MOST RECENT EDITS AND CEASING WITH ANY FURTHER DISCUSSION AND/OR EDITS Motion passed unanimously. 7. PRESENTATIONS/PROCLAMATIONS/RECOGNITIONS/DONATIONS 7a. PROCLAMATION RECOGNIZING MARCH AS NATIONAL WOMEN'S HISTORY MONTH 3/10/25 -7- DRAFT Mayor Graves read in full a proclamation recognizing March as National Women’s History Month. Councilmember Lawrence-Anderson moved and Councilmember Jerzak seconded to approve the proclamation recognizing March as National Women’s History Month. Motion passed unanimously. 7b. PROCLAMATION RECOGNIZING MARCH AS IRISH-AMERICAN HERITAGE MONTH Mayor Graves read in full a proclamation recognizing March as Irish-American Heritage Month. Councilmember Lawrence-Anderson moved and Mayor Graves seconded to approve the proclamation recognizing March as Irish-American Heritage Month. Motion passed unanimously. 7c. FINANCE DEPARTMENT ANNUAL REPORT Dr. Edwards explained they are continuing the Departmental presentations. He invited Finance Director Angela Holm to continue the Staff presentation. Finance Director Angela Holm pointed out she is the first female Finance Director for the City of Brooklyn Center. Her presentation is not about the financial condition of the City but rather the functions of the Fiscal and Support Services Department. Ms. Holm explained she reorganized the department when she joined the City. The Finance Department has two teams. First, the operations team is responsible for functional areas of accounts payable, accounts receivable, vendor management, vendor communications, and utility billing. They are the frontline customer service to Brooklyn Center residents. The positions include the Accounts Payable Supervisor, Accounting Specialist II, and Accounting Clerk. Ms. Holm noted the second team is the accounting team. There are two Senior Accountants who split the previous role of Deputy Finance Director. One focuses on Enterprise Funds while the other focuses on the General Fund. They are responsible for accounting functions including banking relationships, month-end processing, year-end processing, compliance and risk, general ledger management, and reporting. The accounting team can provide support to other functional areas, but their primary role is to operate as a business partner to other departments within the City. Ms. Holm highlighted some 2024 initiatives. They fully implemented the new structure with two new positions, Senior Accountant and Accounting Specialist II. They documented internal procedures. The anticipated software conversion did not happen. They also worked on the 2023 audit and the 2025 budgets. They have also prioritized having multiple Staff knowing how to do various tasks and other redundancies. 3/10/25 -8- DRAFT Ms. Holm pointed out the priorities for 2024 include supporting the City’s strategic priorities such as maintaining a strong financial position. A strong financial position ensures other strategic priorities are possible. The Department will continue to document standard operating procedures. It is a roadmap to be good financial stewards and make sound business decisions. The plan is to develop comprehensive measurement systems, such as metrics, to determine service levels. They will re-establish priorities for projects and other initiatives. She added the utility billing software is on the horizon. Mayor Graves noted her appreciation of the new priorities. Councilmember Kragness asked how the Department supports the operations of others. Ms. Holm stated it is mainly for utility and AP billing. They are looking to hire an additional accountant in April to help with analysis. They want to ensure a clean audit in the future. Councilmember Kragness asked if there is an opportunity for advancement within the Department. Ms. Holm stated there is not a level above the Senior Accountant beyond the Director. Councilmember Kragness suggested that Senior Accountants or others with extensive experience train new employees to further utilize their expertise. Mayor Graves moved and Councilmember Kragness seconded to accept the Finance Department Annual Report. Motion passed unanimously. 8. PUBLIC HEARINGS None. 9. PLANNING COMMISSION ITEMS None. 10. COUNCIL CONSIDERATION ITEMS 10a. RESOLUTION NO. 2025-032 URGING THE USDA TO PROCESS REIMBURSEMENTS FOR THE COOLING MINNESOTA COMMUNITIES PROGRAM Mayor Graves stated Public Works Director Elizabeth Heyman may be the first female Public Works Director for Brooklyn Center. Ms. Heyman stated there may have been another female Public Works Director. Dr. Edwards stated there was a woman named Sharon Clump who served as Interim Public Works Director. 3/10/25 -9- DRAFT Ms. Heyman noted in 2023, the City completed a City-wide inventory of public trees. Around 312 ash trees remain on municipal property. The City previously entered into a partnership with Great River Greening. The organization had received funding from the Inflation and Reduction Act, the United States Department of Agriculture Forest Service’s Urban and Community Forestry Program. They received one or two million dollars’ worth of work for the City. The program was designed to remove hazardous trees, plant 800 new trees, use contracted and volunteer planting, contract establishment watering, and give away 165 trees to the community. Ms. Heyman explained that although the federal funding pause on this program has been lifted, the USDA Forest Service has not processed reimbursements for work that has already been completed. As of February 21, 2024, Great River Greening has not received payment for services rendered under the terms of its binding contract. The organization has also been unable to obtain clarification from USDA officials regarding the status of overdue payments or the future of the program. Without reimbursement, the federally funded portion of the CMC program remains on hold, jeopardizing the continued progress of tree planting and maintenance efforts in Brooklyn Center. Ms. Heyman stated the Cooling Minnesota Communities program is a nonpartisan initiative with broad public support. Urban forestry projects like this one provide significant environmental, economic, and social benefits to residents. The delay in federal reimbursement creates financial uncertainty that could disrupt planned work and limit the positive impacts of this Mayor Graves noted her support of the resolution and suggested it be strongly worded. Councilmember Moore moved and Mayor Graves seconded to approve the resolution urging the USDA to process reimbursements for the Cooling Minnesota Communities Program. Motion passed unanimously. Councilmember Jerzak asked for an update on other Federal grants or programs that are impacting Brooklyn Center. 10b. ORDINANCE NO. 2025-04 AMENDING CHAPTER 23-2700 OF THE CITY OF BROOKLYN CENTER TO ESTABLISH CANNABIS AND HEMP BUSINESSES REGULATIONS - FIRST READING City Manager Reggie Edwards introduced the item and invited City Clerk Barb Suciu to make the Staff presentation. Ms. Suciu explained Minnesota established the Office of Cannabis Management (OCM) to create statute and licensing processes. The OCM released the Guide for Local Governments on Adult- Use Cannabis in August 2024; however, the Guide was subsequently revised in November 2024, and again in early January 2025. Currently, licenses are expected to be announced in May or June. 3/10/25 -10- DRAFT Ms. Suciu stated the OCM regulates the cannabis industry Statewide and provides guidance on the standards for the State. The OCM notifies cities of a license application to check for zoning compliance, governs the application and licensing process for cannabis and hemp businesses, including the specific requirements for each type of license and their respective business activities, and conducts enforcement and inspection activities across Minnesota cannabis and hemp industries. It also requires all cannabis and Lower Potency Hemp Edible (LPHE) businesses to obtain a license once the State of Minnesota has established the licensing process. Ms. Suciu stated the OCM was in a public comment period for the Rulemaking Draft until February 12, 2025. The Social Equity Verification deadline was January 30, 2025. All applicant windows open on February 18, 2025. Licenses will be approved in May or June of 2025. There are multiple Chapters of City Code that will be impacted. Ms. Suciu explained there are licensing parameters to be considered. A pre-license certification is standard procedure for the OCM to ensure the licensee has complied with local zoning law and regulations prior to the State issuing a cannabis or hemp business license. Another license is Local Government as a Cannabis Retailer. The City cannot hold a Cannabis Retailer registration and lower-potency hemp product (LPHP) registrations. Currently, the two municipal liquor stores and Centerbrook Golf Course hold LPHP registrations. Section 23-2705 states retail registration is required. Ms. Suciu stated Cannabis Retailer Registration Limits 23-2706, subd. B stated local governments may limit the number of retailers and microbusinesses or mezzobusinesses with retail endorsements, but it no case can there be less than one retail location per 12,500 residents. The City of Brooklyn Center has 33,982 residents per the 2023 Minnesota State Demographer Estimates. Therefore, the City would be expected to provide for a minimum of three licenses. She noted retail registrations for LPHE retailers are not required but may not be limited in number by the government. Mayor Graves asked if the pro-license certification is required by OCM. Ms. Suciu confirmed the process is required by the OCM in accordance with Minnesota Statutes. Mayor Graves asked if 23-2704 limits cities to have LPHP or cannabis retailers as a municipality. City Attorney Siobhan Tolar explained 23-2704 authorizes the City to have a municipal cannabis store. The OCM has said that the City cannot sell LPHE items if they have a municipal cannabis store. Ms. Suciu noted the State application deadline is March 14, 2025. They will be conducting a lottery for licenses. The City needs to decide how they want to process applications. The process could be on a first-come, first-served basis or a lottery style. Mayor Graves stated she would prefer a lottery style. Ms. Suciu stated the current language is for a lottery style. Ms. Suciu added 23-2708 addresses for application registration and 23-2709 addresses for fees. 3/10/25 -11- DRAFT The initial registration fee is $500, and the renewal fee is $1,000. 23-2710 Preliminary Compliance Check allows City officials to conduct a preliminary compliance check to ensure compliance with the ordinance and the State Statute. The basis for denial is laid out in 23-2711, per State Statute. Ms. Suciu stated 23-2712 Issuance of Registration or Renewal states registrations will be issued if the applicants meet the requirements of the ordinance. 23-2712 Cannabis Retailer Operating Regulations address hours of operations and samples. The hours are set to match liquor store hours. The samples are prohibited per Proposed Rules Section 9810. Councilmember Jerzak asked if businesses must match the listed business hours. Ms. Suciu stated the hours state when retailers may be open rather than must be open. Councilmember Moore asked if the proposed fees are similar to other Brooklyn Center fees. Ms. Suciu stated the business license fees vary. The tobacco license registration is $350 while liquor license registration is $6500 plus $200 for Sunday sales. Councilmember Moore asked if one business could sell both liquor and cannabis. Ms. Tolar stated one business may not hold both licenses. Ms. Suciu added that liquor license registration is primarily for restaurants because of the liquor- to-food ratio. Councilmember Moore noted the Council can make changes to the fees in the future. Ms. Tolar stated the fees can be changed, but there is a cap on fees a City can charge. She doesn’t know the cap off the top of her head. Councilmember Kragness stated there was a 30-day timeline mentioned in a previous presentation. She asked if the timeline applies to this process. Ms. Suciu stated an applicant must first apply to the State. Ms. Tolar stated if the State doesn’t respond to an application within 30 days, then the application is approved. Ms. Suciu noted 23-2714 is titled Cannabis Retailer Operating Regulations and says licenses are non-transferrable. Then 23-2715 addresses Lower-Potency Hemp Retailer Operating Regulations. Ms. Suciu explained 23-2716 prohibits smoking indoors and 23-2717 lists sanctions for violations. A retail sale without retail registration would result in a $2,000 fee. Other violations have a fee schedule; the first violation is $1,000, the second is $1,250, the third is $1,500, and the fourth is $2,000. Ms. Suciu pointed out 23-2718 states the penalty for an individual would be a misdemeanor-level offense. It is similar to selling tobacco to a minor. Enforcement 23-2719 requires age certification compliance checks to be completed at least once per calendar year. 3/10/25 -12- DRAFT Councilmember Jerzak asked if the compliance checks are the responsibility of law enforcement and are eligible for reimbursement. Ms. Tolar stated Councilmember Jerzak is referring to a grant offered by the Governor, but the grant is no longer being offered. Councilmember Jerzak stated the maximum of three licenses shouldn’t be too much of a drain on law enforcement resources. Ms. Suciu added the second reading of the ordinance, and the public hearing is scheduled for April 14, 2025. The publication date will be April 24, 2025, and the effective date of the ordinance will be May 24, 2025. Ms. Suciu explained Staff and the City Attorney worked together to draft some changes. They would like to repeal 23-2700 and replace it with the newest draft of the ordinance. Councilmember Moore moved and Councilmember Jerzak seconded to approve the first reading of an ordinance amending chapter 23-2700 of the City of Brooklyn Center to establish cannabis and hemp business regulations. Motion passed unanimously. 10c. AMENDMENT TO JANUARY 27, 2025, STUDY SESSION MINUTES City Manager Reggie Edwards introduced the item and invited City Clerk Barb Suciu to make the Staff presentation. Ms. Suciu explained that at the February 10, 2025, City Council meeting, Councilmember Kragness requested the minutes from January 27, 2025, meeting be corrected and amended. These minutes were pulled from the agenda as requested. When they were brought back to the February 24, 2025, meeting, they had not been corrected/amended. Councilmember Kragness asked for an amendment to the Regular City Council minutes from January 27, 2025, which were again pulled from the agenda. The Study Session and Work Session minutes were approved. Staff discovered that the amendment should have been to the Study Session of January 27, rather than the Regular Session. The item was discussed with the City Attorney, who indicated the minutes could be amended under Council Consideration. Councilmember Moore moved and Councilmember Lawrence-Anderson seconded to approve an amendment to the January 27, 2025 Study Session minutes. Motion passed unanimously. 10d. DISCUSSION OF RESOLUTION 2024-138; A RESOLUTION ESTABLISHING THE BROOKLYN CENTER COMMUNITY SAFETY AND VIOLENCE PREVENTION COMMISSION AND DEFINING DUTIES AND RESPONSIBILITIES 3/10/25 -13- DRAFT Councilmember Jerzak stated Resolution 2024-138 was passed at a late hour during the last meeting of the year. He received feedback from constituents about the poorly handled vote. He doesn’t want to permanently repeal the Resolution. Many Departments have collaborated for the presentation and proposed commission. He offered to list his concerns. Mayor Graves requested the concerns be shared one at a time. Councilmember Jerzak stated all members of the commission should be Brooklyn Center residents. There is no issue with the commission having guests. It has been stated non-residents will be non- voting members, but they would still be part of the Commission. Councilmember Jerzak stated there is a reference to the permanence of the committee, but it inhibits the actions of future councils. Councilmember Jerzak added the neighborhood representation requirements are an issue. There is already an issue with other commissions meeting quorum, and the neighborhood representation requirement will make meeting quorum even more difficult. Councilmember Jerzak pointed out that many of the responsibilities of the proposed commission were not in the original resolution. He wants to avoid mission creep. He suggested the responsibilities of the commission be limited to its original charge and add more as needed. Councilmember Jerzak noted responsibilities listed include a review of the protests and collective bargaining agreements. Those responsibilities are unnecessary. Councilmember Jerzak explained there is implicit bias within the setup of the commission. It will be helpful for members to have previous interactions with law enforcement, but he doesn’t want the entire commission to be biased against law enforcement. If a commission were made up of a majority of law enforcement, prosecutors, and the like, it wouldn’t be successful. The Council needs to be careful with the composition and keep the composition consistent across commissions. Mayor Graves stated interactions with public safety, judicial, or public health systems aren’t do not automatically create a bias. Nearly everyone has had experiences with those systems, so it is not limiting. Councilmember Jerzak added the Charter requires the mayor to appoint members. He asked where the requirement is listed in the proposed bylaws. Mayor Graves read, “The Mayor, or the member of the City Council appointed by the mayor, shall serve as an ex officio member of the Commission, privileged to speak on any matter but without a vote, and shall provide a liaison between the Commission and the City Council.” She asked what the issue was. Councilmember Jerzak stated all other commission appointments are voted on by the Council. The proposed language doesn’t mention such a vote. Mayor Graves stated his suggestion would be added to the document. Councilmember Kragness stated the document they voted on in December was a compilation of 3/10/25 -14- DRAFT input from Councilmembers. While Councilmember Jerzak has an issue with non-resident participants, it was the previous consensus of the Council to include non-resident participants as non-voting members. She suggested the composition of the commission be edited to say, “All voting members of the Commission shall be residents that may have had direct experience or contact with the public safety, judicial or public health systems.” She asked if Councilmember Jerzak had heard of a resident who would be unable to serve on the commission with the previously approved requirements. Mayor Graves stated any applicants she would recommend for appointment would still need to be approved by the Council. There are multiple checks included in the process. Councilmember Moore reiterated Resolution 2024-138 was voted on at a late hour at the final 2025 meeting. There was no consensus of the Council, and Staff worked on the document behind the scenes. Mayor Graves asked for the audience to remain quiet. Councilmember Moore stated there was no consensus of the Council. She reiterated Resolution 2024-138 was voted on at a late hour at the final 2025 meeting. Overall, she does not support the implementation of the Community Safety and Violence Prevention Commission. She offered to list all of her reasons. Mayor Graves stated her reasons do not need to be listed as it is clear Councilmember Moore wholly disagrees with the proposed commission. Mayor Graves stated her perspective was that the vote in December was not rushed. They had several previous discussions on the item, and Staff had presented a document comprised of the comments from Council. As mentioned by Councilmember Jerzak, many Departments provided input on the document. Mayor Graves stated she would be open to removing the mention of a “permanent” commission. She also is open to removing the responsibility to review collective bargaining agreements. Those documents are public records, and anyone can provide comments on them. The specific neighborhood representation does not have to be a requirement of the composition. Staff and Council can still make an effort to include folks from all neighborhoods. Mayor Graves noted she doesn’t support decreasing the scope of the proposed commission. Staff compiled responsibilities from Departments and what would be helpful for them as well as from Council input. Referencing the duties of the proposed commission from Resolution 2021-073 is not a good argument considering Councilmember Jerzak wanted there to be no more discussion of Resolution 2021-073. Mayor Graves added the non-voting members were a compromise reached by the Council during previous discussions. A commenter during the recent Informal Open Forum even requested non- resident, non-voting experts be included on other commissions as they provide valuable insight. For example, the City has had an issue maintaining strong relationships with businesses. Included a non-resident business owner as a non-voting member could help build relationships, provide 3/10/25 -15- DRAFT additional expertise on the commission, and support local businesses. Councilmember Moore interrupted Mayor Graves. Mayor Graves asked why Councilmember Moore was yelling. Councilmember Moore asked if it was acceptable for audience members to be recording her. Mayor Graves stated community members record their meetings regularly. Councilmember Moore stated the heckling and snapping is inappropriate. Mayor Graves stated she hadn’t heard any heckling or snapping. Councilmember Moore stated Mayor Graves is looking forward, so she can’t see it. Mayor Graves stated Councilmember Moore could also look forward. Councilmember Moore stated Mayor Graves isn’t addressing things that need to be addressed. Mayor Graves stated she hadn’t seen anything of concern. Councilmember Moore apologized. Mayor Graves reiterated there is good reason to support the Staff’s proposal and to include experts and non-resident stakeholders in the commission. Councilmember Jerzak stated his perspective is not too far from Mayor Graves. He asked if the scope and responsibilities were presented to the Staff. He asked if the Fire Chief and Police Chief were aware of the proposed version. Dr. Edwards stated the Department of Parks and Recreation, the Police Department, the Fire Department, and the Office of Community Prevention, Health, and Safety have collaborated on Resolution 2024-138. Mayor Graves requested the Directors of each Department that contributed to Resolution 2024- 138 to share their perspectives. Councilmember Moore stated she would like to share her perspective after Staff has a chance to speak. Director of the Office of Community Prevention, Health and Safety LaToya Turk explained Staff incorporated input and comments from Council and went line-by-line through the resolution. All Directors had access to the final proposal, and all Staff had a chance to provide input on the proposed changes. Councilmember Jerzak asked if Staff saw the document before it was presented to Staff in December. Ms. Turk confirmed Staff saw the document before the December Council meeting. Staff participates in a meeting a few days before each Council meeting to review the agenda packet. It was a clerical error that the document was not included in the packet. She clarified it wasn’t an error by the City Clerk’s Staff. The City is transitioning from one document software to another, so the error was due to the differences in the two systems. Police Chief Flesland stated there was ample collaboration that went into the proposal. There are 3/10/25 -16- DRAFT edits and welcome changes incorporated in the final version. Some of the wording about the neighborhood representation was new to him because he didn’t have a chance to review the document before the December Council meeting. However, he had the opportunity to review the document. He just had a busy day when it was published. Mayor Graves asked how the process felt. Chief Flesland stated the proposed document is a good- faith effort by Staff to compile various input as directed by Council. Fire Chief Tom Berg reiterated that a lot of Staff time and effort went into the proposal. Each Department reviewed the document through their respective lenses. He provided input on what the Fire Department could contribute to the initiative. Director of Parks and Recreation Department Cordell Wiseman agreed he had an opportunity to express his concerns and review the various edits. Staff was happy with the final version presented to Council. There was a lot of dialogue and time that went into the changes. Councilmember Lawrence-Anderson read that the proposed committee would be, “tasked with reviewing and making recommendations regarding the policing response to the protests that occurred in the City in April 2021, reviewing the current collective bargaining agreement between the City and the Police Department.” Mayor Graves pointed out that the Council already reached a compromise to remove the review of the collective bargaining agreement from the list of responsibilities. Councilmember Lawrence-Anderson asked to whom the proposed committee would be providing input. Mayor Graves stated any recommendations would be presented to the Council. Councilmember Lawrence-Anderson stated she doesn’t want the proposed committee to have any more power than other advisory groups. Mayor Graves asked for Staff to revise the document to incorporate the Council comments regarding neighborhood requirements and the collective bargaining agreement. Councilmember Lawrence-Anderson added the edit suggested by Councilmember Kragness regarding the word “may” be included as well. Councilmember Moore pointed out she had concerns about the responsibilities, similar to Councilmember Lawrence-Anderson. There was also a request to remove the word “permanent” from the document. The conversations are not unlike the ongoing discussions regarding Resolution 2021-037. She has an issue with almost every paragraph of the proposed resolution. The Implementation Committee did their job well. Also, the Council just confirmed they are no longer discussing Resolution 2021-037, but the proposed document says, “the City Council desires to expand upon the Act.” Mayor Graves requested Councilmember Moore submit her grievances and requested edits to Staff. Councilmember Moore stated she doesn’t have grievances. Mayor Graves pointed out Councilmember Moore has stated she doesn’t support the Community Safety and Violence 3/10/25 -17- DRAFT Prevention Commission. She asked if there was an advisory on public safety that Councilmember Moore could support. Councilmember Moore stated she would submit comments on proposed changes to Staff. Councilmember Jerzak offered to send his comments to Staff as well. Mayor Graves agreed the document could be cleaned up. The Council has requested edits about the term “permanent,” neighborhood representation, and adding “may” to the description of the potential members. While she believes every person has had contact with a public safety, judicial, or public health system, she isn’t interested in arguing the point any further. Staff has worked hard to collaborate and create a document. Councilmember Lawrence-Anderson read from the proposed document, “The Community Safety and Violence Prevention Committee was to be chaired by the Mayor, with a list of potential members created by the Director of the Department of Community Safety and Violence Prevention and members from that list recommended by the Mayor and confirmed by the City Council.” She asked if the group would be chaired by the Mayor. Mayor Graves stated it would be beneficial to add language about the application process. Ms. Tolar explained Resolution No. 2024-138 refers to Resolution No. 2021-073 as a historical reference and explains how the Community Safety and Violence Prevention Commission came to be. Staff can make edits as directed by the Council. It is written as a story of sorts, but they can add the present portion of the story for clarity. Dr. Edwards agreed with Ms. Tolar. He stated Staff welcomes comments from the Council, and they will work to incorporate edits. Councilmember Jerzak added he objects to the portion stating, “reviewing Chapter 19 of the City Code, making recommendations with regard to repealing or amending provisions or penalties therein, including fines and fees,” as the potential commissioners are not experts on that information. He thanked Staff for their work on the document. Ultimately, it is up to the Council to make policy. He stated he isn’t comfortable with portions of the document because they sound directive. Mayor Graves stated there could be benefits for non-experts to review the City Code. For example, there are environmental design recommendations that inform public safety through the Code. There is an overlap of public safety and community development that can be considered. Councilmember Jerzak stated he is seeking consensus on the document, but he would be unable to support the proposed commission if they are responsible for reviewing the City Code. Mayor Graves stated it is offensive to declare potential appointees to the Community Safety and Violence Prevention Commission aren’t able to review the City Code. Folks appointed to the Charter Commission aren’t experts in legislation. Councilmember Jerzak stated he didn’t want to get into it. Mayor Graves stated the same scrutiny needs to be applied to all commissions. 3/10/25 -18- DRAFT Councilmember Moore explained the section of Resolution 2021-073 calling for the Community Safety and Violence Prevention Commission is only one paragraph. Also, the Council just confirmed they no longer need to discuss Resolution 2021-073 because it is only a historical document. The amount of discussion on the topic has been alarming. The document needs a lot more work. It is also unsettling that Dr. Edwards offered to “take a stab at it” to incorporate edits. Mayor Graves stated Staff will work on the document to make edits. Mayor Graves asked where they are in the 45-day timeline. Staff stated they are beyond the 45 days. Mayor Graves moved and Councilmember Kragness seconded to extend the pause for an additional 30 days and direct Staff to make additional edits. Councilmember Moore asked if the item would be tabled. Ms. Tolar stated the motion was not for tabling. Councilmember Moore voted against the same. Motion passed. Councilmember Lawrence-Anderson asked for the newer version of the document to be provided to Council before the next meeting. Councilmember Kragness pointed out consensus doesn’t mean all Councilmembers agree with each detail. 11. COUNCIL REPORT Councilmember Jerzak reported on his attendance at the following and provided information on the following upcoming events: • Attended the Minnesota League of Cities Conference for two days. • Met with several constituents. • Met with Dr. Edwards multiple times. Mayor Graves reported on her attendance at the following and provided information on the following upcoming events: • Testified before the State regarding cost-sharing for Hwy. 252. • Chaired the Minneapolis Northwest Tourism Board meeting and the Minneapolis Northwest Tourism Executive meeting. • Met with Senator Pha regarding concerns in the Brooklyn Center community about ICE. • Attended the Prevention Academy webinar. • Met with the City Attorney and City Manager. • Attended the Strong Cities Transatlantic Dialogue in Manchester. Municipal leaders from all over the world were in attendance. She offered to share her notes with interested parties. 3/10/25 -19- DRAFT Councilmember Kragness reported on her attendance at the following and provided information on the following upcoming events: • Met with Senator Pha regarding concerns in the Brooklyn Center community about ICE. • Attended the 30-Year Celebration for Melrose Gates Apartments. • Attended a birthday party for Don Halvorsen. 12. ADJOURNMENT Mayor Graves moved and Councilmember Moore seconded adjournment of the City Council meeting at 9:05 p.m. Motion passed unanimously.