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HomeMy WebLinkAbout2020 05-29 CCM Continuation of 05-26 CC MeetingMINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA CONTINUATION OF MAY 26, 2020 CITY COUNCIL MEETING MAY 2% 2020 DISCUSSION OF PROPOSED CURFEW Mayor Elliott requested an update regarding the situation in Brooklyn Center as it has progressed over the past few days. City Manager Curt Boganey stated the Police Department has provided updates to the City Council regarding the events of the past few weeks. He added the Police Department has received support and assistance from partners in Brooklyn Park, Plymouth and Maple Grove. He noted there were a few citations last night, and one arrest involving looting, and police officers were available and visible at locations that were considered to be potential hot spots. Mr. Boganey stated there were some break-ins and looting at the two drug stores, the liquor store, and Rue 21, where a brick was thrown through the window. He added looting took place in areas that were narrow and specific in scope, and much of it was deterred by the police presence in those areas. He noted a plan is in place for tonight and tomorrow, with officers working long hours, but there is sufficient staffing to respond to the types of issues that are anticipated. Mayor Elliott stated a curfew is being considered that would be in place starting tonight. He added this has not been finalized. He noted he has received phone calls from residents who want a curfew in place. He requested the City Council's feedback and comments. Councilmember Butler expressed her gratitude to the Police Department for going the extra mile to keep residents safe. She added she does not feel the City Council has taken the time to recognize the trauma that is being felt in the community, during what has been a difficult week. She noted it is easy to tiptoe around what is happening without addressing important issues. She stressed the importance of the City Council as vocal leaders, supporting the City's residents, the majority of whom are people of color. Councilmember Butler stated there have been reports of incidents with local police related to racial profiling that should not be happening. She added the City Council should provide leadership and hold a space for dialogue and discussion that would, give residents an opportunity to voice their concerns about what's happening, and make recommendations for how to enact change in policy so this will not happen in Brooklyn Center. She noted she has put out a public message inviting residents to contact her with comments or thoughts. She stressed the importance of open dialogue initiated by the City Council as a collective group of community leaders. OS/29/20 -1- Councilmember Graves thanked Councilmember Butler for her thoughts and comments. She stated she is also grateful to city staff and the Police Department for their extra efforts and the hard work that they are doing to keep residents safe, especially last night when there were no real injuries. She added she went through the shopping area yesterday in the afternoon and spoke to a few police officers to gauge how they were feeling. She felt as though their presence was not incendiary but rather a visual presence and deterrent, which is greatly appreciated. Councilmember Graves stated she felt encouraged when she saw community members come out to do clean-up on Broadway Avenue, as well as seeing the love and care happening along University Avenue in St. Paul. Councilmember Graves stated she agrees with Councilmember Butler's sentiments that there should be a space to offer to people where they can express their thoughts and feelings. She added Brooklyn Park is doing something like that already. She stressed the importance of creating space for different types of groups to caucus without being contentious. Councilmember Graves stated she supports the curfew as a prudent initiative, as Brooklyn Center is a first ring suburb and there has been some looting in the City. She added she would support a City Council discussion about what a curfew would mean for Brooklyn Center. Councilmember Ryan stated he appreciates the thoughts and concerns of his colleagues. He added the Police Chiefs of Brooklyn Park and Brooklyn Center are facilitating community conversations that are frank and open, and that can continue to happen. He noted there are other mechanisms for dialogue that could be considered, in which people can speak openly and freely. He expressed his support for continuing to examine the work that is being done by the Police Department, and get a better handle from the City Manager and Police Chief about the current situation in Brooklyn Center, Mr. Boganey stated today's weekly update contains a note regarding a collaborative virtual meeting to be hosted on Wednesday, June 3, 2020, with the Mayors and Police Chiefs of Brooklyn Park and Brooklyn Center. He added Angel (Smith), Communications and Community Engagement Manager, is coordinating this effort for Brooklyn Center, which may include involvement from OLM (Organization of Liberians — Minnesota). He noted planning of this virtual event is moving forward. Mr. Boganey stated he appreciates Councilmember Graves' description of the police presence in the City's shopping area. He added the approach of casual deterrence was a deliberate attempt to prevent escalation. He thanked Councilmember Graves for recognizing and noting her perception A the police presence at the shopping area. Councilmember Lawrence -Anderson commended the Police Department for the expedient way in which incidents have been addressed. She added she fully supports the curfew. She expressed concern that instituting a curfew tonight might be difficult due to the late hour, and the difficulty in getting the word out so quickly. OS/29/20 -2- Councilmember Lawrence -Anderson requested that city staff schedule a Work Session with the Police Chief so the City Council can learn more about the types and frequency of training that Brooklyn Center Police Officers receive. It was the majority Consensus of the City Council to hold a Work Session with the Police Chief to review police officer training. Mayor Elliott stated he would like to schedule a Work Session to review the Attorney General's February 2020 Working Group Report, which calls on all levels of government to implement ways to prevent this type of violence from happening. He added the State legislature is reviewing implementation of aspects of these recommendations. Councilmember Lawrence -Anderson stated a potential Work Session could include a review of the Attorney General's report as well as a presentation from the Police Chief. She added the Police Chief should be made aware of the report and its contents, and these two concepts could be tied together. She noted this would create an opportunity for dialogue regarding the recommendations and related actions of the Police Department. Councilmember Graves requested that the City Council receive the Report prior to the proposed Work Session. Mayor Elliott agreed. Councilmember Ryan asked for clarification from Mr. Boganey regarding the Police Department's standards for training and use of force, as well as accountability. He added Police Chief Tim Gannon gave a presentation to the City Council on these standards which were added to the department handbook. Mr. Boganey stated the Police Department has a strong policy regarding the use of force and other issues related to conduct and methods of accountability. He added he would support a Work Session with the Police Chief. He noted, in theory, it is possible to have the best policies and training, but the organizational culture must reinforce accountability and responsibility. Councilmember Graves agreed with Mr. Boganey's comments. She stated policy is an important part of society, in the way it shapes norms and values. She added accountability must be enforced not only in the institutional culture, but also the larger societal culture. She noted it is not easy to change culture in a collaborative and collective way, and it takes a long time. Councilmember Graves stated she would support more transparency and accountability in the Brooklyn Center Police Department. She added Mr. Boganey and Police Chief Gannon have made significant efforts in this regard. She noted the role of the Police Union is of concern, when the City is not made aware of complaints against officers or other related issues. Councilmember Graves stated Alfreda has reached out to her and offered to organize black community leaders to provide a buffer when necessary between police and protestors. She added she believes that might be effective. OS/29/20 -3- Councilmember Grave stated the curfew should be set in place, as it will be getting dark soon, and time is of the essence. Mayor Elliott stated the proposed curfew would be in effect from 8:00 p.m.- 6:00 a.m. and would not apply to people travelling to or from work, emergency servi nces, law enforcement, or anyone seeking medical care. He added the curfew will not apply to the homeless. He added the curfew would be in place for 2 or 3 nights and could be renewed if necessary. He noted the curfew would be in line with curfews that have been issued by the cities of Minneapolis and St. Paul. Councilmember Lawrence -Anderson stated, with regard to the proposed Work Session, it would be helpful for the City Council to receive that portion of the Police Manual that refers to use of force, as well as the Attorney General's Report. Mr. Boganey agreed. Mr. Boganey stated this is a continued meeting which has not been called to order. He asked the City Attorney for his feedback and comment. City Attorney Troy Gilchrist stated the City Council's discussion is appropriate due to the emergency nature of the issue, in particular the potential curfew, and the fact that the discussion is related to the protection of residents. CALL TO ORDER The Brooklyn Center City Council met in Meeting called to order by Mayor Mike Elliott at 6:36 p.m. The meeting was conducted via Webex. ROLL CALL Mayor Mike Elliott and Councilmembers Marquita Butler, April Graves, Kris Lawrence - Anderson, and Dan Ryan, and City Attorney Troy Gilchrist. In person: City Manager Curt Boganey, Deputy City Manager Reggie Edwards, Community Development Director Meg Beekman, Fire Chief Todd Berg, and City Clerk Barb Suciu. DISCUSSION OF CURFEW (CONT'D� Councilmember Lawrence -Anderson stated she would support letting restaurant drive-throughs remain open if people stay in their cars. She added residents might be going out to get food tonight and might not be aware of the proposed curfew. Councilmember Graves stated she does not support keeping drive-throughs open as it is not necessary. She added she would encourage the Police Department to inform residents of the curfew and encourage residents to observe it, as some people may not have heard about it yet. She stressed the importance of giving people the opportunity to comply before moving to enforcement. Mr. Boganey agreed, adding that is the typical approach that is used by the Police Department in these types of situations, and police officers have some discretion in terms of enforcement. OS/29/20 -4- Mayor Elliott stated city staff will communicate details of the curfew with local businesses to ensure that they close early. Councilmember Graves stated she supports the curfew and the possibility of extending it if necessary, and officers using discretion to provide warnings in cases that would merit it. She added she does not support letting drive-throughs stay open. CouncilIII ember Ryan stated he supports a straight -up curfew, for a few nights until things calm down and go somewhat back to normal. Councilmember Butler stated she agrees with the City Council's comments in support of a curfew but would not support making an exception for drive-throughs. Councilmember Lawrence -Anderson stated she would like to retract her earlier statement regarding drive-throughs based on the discussion. She added the police sign that is usually at the West fire station could be used to post curfew information on Brooklyn Boulevard. Mr. Boganey agreed that can be done. RESOLUTION AUTHORIZING TEMPORARY REGULATORY FLEXIBILITY TO LOCAL BUSINESSES Community Development Director Meg Beekman reviewed a proposed Resolution that would authorize city staff to help local businesses re -open by providing regulatory flexibility. She stated the Governor's May 13, 2020 Executive Order allows retail businesses to be open at 50% capacity as of May 18, 2020, and bars and restaurants to open June 1, 2020. She added businesses will be required to prepare a COVID-19 preparedness plan. Ms. Beekman stated the Governor is encouraging municipalities to be flexible in regard to enacting Ordinances that will help businesses re -open. She added the five areas that will require flexibility are liquor code, expansion of premises; parking regulations; sign code; and use of adjacent City - owned property. She noted requests from businesses will be addressed by city staff on a case -by - case basis, and flexibility may be required. Ms. Beekman stated city staff recommends City Council approval of a Resolution that would authorize the City Manager to grant temporary regulatory flexibility as requested by businesses on a case -by -case basis. She added businesses would submit an authorization form and site plan to be reviewed by city staff, to create a customized plan for the business which would remain in operation until rescinded by the City Manager or until the plan is removed on November 1, 2020. Councilmember Ryan stated the purpose of the Resolution is to help local businesses, and cities have broad discretion in terms of how they enforce regulations related to licensing and zoning. Ms. Beekman agreed, adding cities are fairly limited in terms of processes or methods for enforcing such regulations. OS/29/20 -5- Councilmember Ryan moved and Councilmember Graves seconded to Adopt RESOLUTION NO. 2020-047 Authorizing the City Manager to Grant Temporary Regulatory Flexibility to Local Businesses. Motion passed unanimously. OTHER Mr. Boganey stated city staff was notified by the Hennepin County Emergency Manager that Earle Brown Heritage Center will be used tonight as a location where people will be brought for processing. Fire Chief Todd Berg stated residents who are displaced by rioting will be taken to EBHC and then placed in hotels. ADJOURNMENT Councilmember Lawrence -Anderson moved, and Councilmember Ryan seconded to adjourn the meeting at 7*20 p.m. Motion passed unanimously. STATE OF MINNESOTA) COUNTY OF HENNEPIN) ss. Certification of Minutes CITY OF BROOKLYN CENTER) The undersigned, being the duly qualified and appointed City Clerk of the City of Brooklyn Center, Minnesota, certifies: 1. That attached hereto is a full, true, and complete transcript of the minutes of the May 26, 2020 Continuation meeting of the City Council of the City of Brooklyn Center held on May 29, 2020 2. That said meeting was held pursuant to due call and notice thereof and was duly held at Brooklyn Center City Hall. 3. That the City Council adopted said minutes at its June 22, 2020, Regular Session. Barbara Suciu, City Clerk Elliott, Mayor OS/29/20 -6-