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HomeMy WebLinkAbout2021 04-12 CCM Regular Session MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION APRIL 12, 2021 L INFORMAL OPEN FORUM WITH CITY COUNCIL This item was not addressed. 2. INVOCATION This item was not addressed. 3. CALL TO ORDER REGULAR BUSINESS MEETING Mayor Pro Tem Marquita Butler stated Councilmembers are present at 7:00 p.m. She asked whether additional time should be given for the Mayor to attend. Acting City Manager Reggie Edwards stated he just spoke with Mayor Elliott who was delayed. He added Mayor Elliott asked that the Resolution for condemning anti-Asian sentiment should be added to the Regular Agenda (Item l Ob), as well as the Resolution to introduce the use of crowd control mechanisms (Item lOd). He noted there are a few Consent Agenda items that are time- sensitive and should be addressed,but the public hearing can be tabled, and all other Agenda items rescheduled. City Attorney Gilchrist stated Mayor Elliott instructed him to prepare a Resolution regarding provision of security for the City Council,which should also be added to the Regular Agenda(Item l Oc). He added the public hearing can be opened and then a motion made to continue. The Brooklyn Center City Council met in Regular Session called to order by Mayor Pro Tem Marquita Butler at 7:00 p.m. 4. ROLL CALL Mayor Mike Elliott(joined at 7:06 p.m.)and Councilmembers Marquita Butler,April Graves,Kris Lawrence-Anderson, and Dan Ryan. Also present were Acting City Manager Reggie Edwards, City Clerk Barb Suciu, and City Attorney Troy Gilchrist. Mayor Elliott stated the City Council will forego regular agenda items except time-sensitive Consent Agenda items and the public hearing. Dr. Edwards stated Consent Agenda items that are time-sensitive and should be addressed are Items 6d, 6i, 6j and jk. The City Council agreed. 5. PLEDGE OF ALLEGIANCE 04/12/21 -1- The Pledge of Allegiance was recited. 6. APPROVAL OF AGENDA AND CONSENT AGENDA Mayor Elliott stated an item on the Work Session agenda should be added to the Consent Agenda, related to a Resolution condemning all forms of anti-Asian sentiment related to Covid-19. Mr. Gilchrist read in full a Resolution authorizing security for the City Council. Dr. Edwards read in full a Resolution limiting police crowd control tactics during protests. Mayor Elliott stated these Resolutions should be added to the Consent Agenda. Mayor Elliott moved and Councilmember Graves seconded to approve the Agenda and Consent Agenda, as modified. Discussion during the motion: Councilmember Ryan requested that the Resolutions to be approved under the Consent Agenda be read into the record. Dr. Edwards stated the only Resolutions to be approved under the Consent Agenda are as follows: 6d. Resolution declaring Apri130, 2021 to be Arbor Day and May 2021 to be Arbor Month in the City of Brooklyn Center 6i. Resolution declaring April 22, 2021 as Earth Day in Brooklyn Center 6j. Resolution declaring April 18-25, 2021 to be Community Clean-up Week 6k. Resolution declaring May 16-22, 2021 as National Public Works Week in Brooklyn Center. Dr. Edwards noted the Consent Agenda will include two additional Resolutions as noted above, related to condemnation of anti-Asian sentiment and security for the City Council. Councilmember Ryan requested a separate vote on the Resolution related to police crowd control measures, about which he has some reservations. He added he supports many of the elements regarding regulation and limits to police crowd control, but he supports deferring this issue to be discussed at a special meeting before the City Council sets police policy. He expressed concern that some of the measures require additional information before decisions can be made, to ensure that mistakes are not repeated. He stressed the importance of a solid City Council consensus on these daunting issues. Mayor Elliott stated the Resolution is an expression of City Council direction and policy, and a guide for the Police Department. Councilmember Butler stated this communication exchange is inappropriate and a motion is on the table. She added there should be a vote on the Consent Agenda including the 3 time-sensitive items, and the other three items can be moved to the Regular Agenda. 6a. APPROVAL OF MINUTES—This item was not considered. 04/12/21 -2- • March 15, 2021 —City Council Town Hall Meeting • March 22, 2021 — Study Session • March 22, 2021 —Regular Session • March 22, 2021 —Work Session 6b. LICENSES—This item was not considered. HOSPITALITY ACCOMMODATIONS LICENSE Faraz Enterprises 6415 James Circle Travelodge Brooklyn Center MN 55430 Seth Oliver, Brooklyn Hotel Partners 6300 Earle Brown Drive Embassy Suites Brooklyn Center MN 55430 MECHANICAL LICENSES Blue Rain Plumbing 8821 Woodland Road Bloomington MN 55437 Bonfe's Plumbing & Heating 455 Harman Avenue & Air Service South St. Paul MN 55075 Dean's Professional Plumbing Inc. 7400 Kirkwood Court N Maple Grove MN 55369 Hearth & Home Technologies LLC 7571 215th Street W Lakeville MN 55044 Homeworks Services Co. 1230 Eagan Industrial Road #117 Eagan MN 55121 J-Berd Mechanical Contractors, Inc. 1 Industrial Boulevard Sauk Rapids MN 56379 Majestic Custom Heating &Air Cond 8800 Royal Ct. NW Anoka MN 55303 Northland Mechanical Contr. 9001 Science Center D New Hope MN 55428 Ridler Heating & Cooling Inc. 3110 Washington Ave N Coon Rapids MN 55448 WJW Company 10600 University Ave NW Coon Rapids MN 55448 RENTAL LICENSES - This item was not considered. INITIAL (TYPE IV—one year license) 3012 Thurber Rd Angelique Kapila/Risen Home Care INITIAL (TYPE III—one year license) 6800 Scott Ave N Emmanuel Williams INITIAL (TYPE II—two year license) 7013 Knox Ave N HPA USA 1/Pathlight Management 04/12/21 -3- RENEWAL (TYPE IV—one year license) 3601 47th Ave N 8411 Balboa LLC/Matthew Wallman Ryan Creek Manor 4 - met requirements 5301 Dupont Avenue N CM Equity Group/Caue Campagnha —met requirements 2606 64th Avenue N Abdirashid Arab—missing action plan, CPTED follow up, CFH cert RENEWAL (TYPE III—one year license) 700 66th N Georgetown Park Wensch Construction/Scott Gann Townhouses —met requirements 1217 54t" Avenue N Jay Moua—missing CPTED follow up ' 2018 SSth Ave N Chen Zhou/Lancelot Properties—met requirements 3912 61St Avenue N Nazeem Khatoon—met requirements 4101 70t" Ave N Paul Pham—met requirements 6724 France Ave N Jessica Stoll Van Elson—met requirements 6051 Halifax Ave N Oyewale Ilesammi/Supreme Living Homes —met requirements—missing CFH cert 5631 Hillsview Rd Kent LeFevre 7243 Riverdale Rd IH3 Property Illinois/Mai Thao - met requirements 4200 Winchester LA Obafemi Oladeji—missing CPTED and CFH RENEWAL (TYPE II—two year license) 5200 Drew Ave N Morris Matthews 5636 Fremont Ave N Alice Isatu Mansarah 7013 Fremont Avenue N IH3 Property Illinois/Mai Thao 6809 Fremont Pl Ali Sajjad/786 Homes LLC 5713 Humboldt Ave N Janice Bjorn 5500 Knox Ave N MNSF II Wl/Marc Silverstein 6661 Xerxes Pl N Ashwin Goel RENEWAL (TYPE I—three year license) 5200 63`d Avenue N Roger Bonny 2900 67t" La Dolores Fischer 1600 69th Ave N Hieu Vo 5350 715� Cir Ali Sajjad/786 Homes LLC 5943 Colfax Ave N Juliana Koe 6018 Kyle Ave N Danny Vo 7200 Morgan Ave N Dwayne Holmstrom 6c. RESOLUTION ESTABLISHING BENEFITS FOR PART-TIME EMPLOYEES — STAFF ASKS THE COUNCIL TO ADOPT THE RESOLUTION AUTHORIZING THE CITY MANAGER TO ESTABLISH PAID TIME OFF (PTO) BENEFITS FOR REGULAR PART-TIME 04/12/21 _4_ EMPLOYEES AND AMENDING THE PERSONNEL POLICY TO REFLECT SAID BENEFITS —This item was not considered. 6d. RESOLUTION NO. 2021-52 DECLARING APRIL 30, 2021 TO BE ARBOR DAY AND MAY 2021 TO BE ARBOR MONTH IN BROOKLYN CENTER —MOTION TO APPROVE A RESOLUTION DECLARING APRIL 30,2021, ARBOR DAY IN MAY 2021 ARBOR MONTH IN BROOKLYN CENTER 6e. RESOLUTION NO. RECOGNIZING BROOKLYN CENTER AS A TREE CITY USA FOR THE TWF,NTY-NINTH CONSECUTIVE YEAR — MOTIOIN TO APPROVE A RESOLUTION RECOGNIZING BROOKLYN CENTER AS TREE CITY USA—This item was not considered. 6f. RESOLUTION DESIGNATING 2021 PLANTING LIST OF ALLOWABLE BOULEVARD TREE SPECIES — MOTION TO APPROVE A RESOLUTION DESIGNATING THE 2021 PLANTING LIST OF ALLOWABLE BOULEVARD TREE SPECIES. This item was not considered. 6g. ORDINANCE AMENDING CHAPTERS 7 AND 19 OF THE CITY CODE OF ORDINANCES REGARDING WASTE AND ORGANICS RECYCLING BY HAULERS — MOTION TO APPROVE THE FIRST READING OF AN ORDINANCE AMENDING CHAPTER 7 AND 19 OF THE CITY CODE OF ORDINANCES REGARDING WASTE AND ORGANICS RECYCLING This item was not considered. 6h. ORDINANCE AMENDING CHAPTER 27 TO REMOVE THE SNOW EMERGENCY TOWING PROVISIONS — MOTION TO APPROVE AN ORDINANCE AMENDING CHAPTER 27 TO REMOVE THE SNOW EMERGENCY TOWING PROVISIONS This item was not considered. 6i. RESOLUTION NO.2021-53 DECLARING APRIL 22,2021 AS EARTH DAY IN BROOKLYN CENTER — MOTION TO APPROVE A RESOLUTION DECLARING APRIL 22, 2021 AS EARTH DAY IN BROOKLYN CENTER 6j. RESOLUTION NO. 2021-54 DECLARING APRIL 18-25, 2021, TO BE COMMUNITY CLEANUP WEEK — MOTION TO APPROVE A RESOLUTION DECLARING APRIL 18-25, 2021 TO BE COMMUNITY CLEAN UP WEEK 6k. RESOLUTION NO. 2021-55 DECLARING MAY 16-22, 2021 NATIONAL PUBLIC WORKS WEEK IN THE CITY OF BROOKLYN CENTER — MOTIOIN TO APPROVE A RESOLUTION DECLARING MAY 16 THROUGH MAY 22, 2021, AS NATIONAL PUBLIC WORKS WEEK IN BROOKLYN CENTER 04/12/21 -5- 61. RESOLUTION ACCEPTING BID AND AWARDING A CONTRACT, PROJECT NO. 2021-15, 2021 PARK PLAYGROUND REPLACEMENTS This item was not considered. Motion passed unanimously. 7. PRESENTATIONS/PROCLAMATIONS/RECOGNITIONS/DONATIONS 7a. RESOLUTION EXPRESSING APPRECIATION FOR THE DONATION OF A PALLET OF BOTTLED URINHING WATER TO THE BROOKLYN CENTER FIRE DEPARTMENT This item was not considered. 7b. ENTREPRENEUR MARKET FEASIBILITY STUDY AND MARKET ANALYSIS PRESENTATION This item was not considered. 7c. OPPORTUNITY SITE PRESENTATION SERIES: ENVIRONMENTAL ASSESSMENT OVERVIEW This item was not considered. 8. PUBLIC HEARINGS 8a. RESOLUTION AUTHORIZING THE ISSUANCE,SALE AND DELIVERY OF ITS CONDUIT REVENUE BONDS RELATING TO THE TESFA INTERNATIONAL SCHOOL PROJECT Mayor Elliott stated this public hearing relates to the authorization of conduit revenue bonds related to the school project. Councilmember Butler moved and Councilmember Graves seconded to open the Public Hearing. Motion passed unanimously. Councilmember Ryan moved and Councilmember Graves seconded to continue the Public Hearing to the April 26, 2021 City Council meeting. Motion passed unanimously. Mayor Elliott requested that Mayor Pro Tem Butler take over the meeting. Mayor Elliott excused himself from the meeting at 7:35 p.m. to attend to a public safety issue. 9. PLANNING COMMISSION ITEMS -None. 10. COUNCIL CONSIDERATION ITEMS 10a. FRANCHISE FEES—AGREEMENTS AND PROGRAM This item was not considered. 04/12/21 -6- lOb. RESOLUTION NO. 2021-56 EXPKESSING THE SENSE OF THE BROOKLYN CENTER CITY COUNCIL CONDEMNING ALL FORMS OF ANTI-ASIAN SENTIMENT RELATED TO COVID-19 Mayor Pro Tem Butler stated she put this Resolution forward. She stressed the importance as a City Council to stand against acts of aggression toward Asian people. Councilmember Butler moved and Councilmember Graves seconded to adopt RESOLUTION NO. 2021-56 Expressing the Sense of the Brooklyn Center City Council Condemning All Forms of Anti-Asian Sentiment Related to Covid-19. Motion passed 4-0 (Mayor Elliott was absent). Councilmember Graves thanked Mayor Pro Tem Butler for putting forward this resolution. Councilmember Ryan also thanked Mayor Pro Tem Butler. He added this is a pertinent issue and he appreciates that the City Council has an opportunity to condemn hateful expressions of anti- Asian sentiment. lOc. RESOLUTION NO. 2021-57 AUTHORIZING SECURITY FOR THE CITY COUNCIL Councilmember Lawrence-Anderson moved, and Councilmember Ryan seconded to adopt RESOLUTION NO. 2021-57 Authorizing Security for the City Council. Discussion during the motion: Councilmember Graves stated she feels nervous, and she has had family and friends reach out to her to see if she needs security, so she has that alternative. She added,however,that option would put people she cares about in harm's way. She noted she feels unsure about it, but she is willing to vote for it if the rest of the City Council agrees. Councilmember Lawrence-Anderson stated it is something to explore and discuss, and up to each individual Councilmember. She added she is not sure how she feels about it but likes that there could be an option for security if there is a threat to Councilmembers' families or property. Mayor Pro Tem Butler stated she believes this is a measure that should be in place in case it is needed, and it is important to have the discussion tonight. She added this would be "as-needed" and Councilmembers would work with Dr. Edwards and the Mayor about how to move forward with necessary security. Motion passed 4-0 (Mayor Elliott was absent). lOd. RESOLUTION NO. 2021-58 LIMITING POLICE CROWD CONTROL TACTICS DURING PROTESTS 04/12/21 -�- Mayor Pro Tem Butler stated, after last night's events,it is clear that the use of force only escalates violence. The City Council heard from community leaders who were present to de-escalate, but were not allowed to do so, and were not heard by law enforcement. She stressed the importance of keeping the City safe while engaging with peaceful protestors. Mayor Pro Tem Butler read a Resolution in full limiting police crowd control tactics during protests. Mayor Pro Tem Butler stated she would like to make a motion to approve the Resolution. Councilmember Graves requested clarification regarding the statement, "It should even be less of a priarity as curfew enforcement leads to an excuse for more arrest and violence." Mayor Pro Tem Butler stated she believes it is a typo. She added curfews can lead to more arrests and violence, because people will continue to stay out and protest regardless of whether there is a curfew in place. Mayor Pro Tem Butler asked Mr. Gilchrist whether any points in this Resolution override the Governor's Order. Mr. Gilchrist stated the Governor's Order cannot be overridden. Councilmember Ryan asked whether the Resolution is a statement of policy on the part of the City in terms of police response to a non-violent demonstration. Mr. Gilchrist confirmed this. Councilmember Ryan stated, if this Resolution addresses appropriate police response to non- violent demonstration of people who want to exercise their First Amendment rights, then he is absolutely in favor of it. Mayor Pro Tem Butler asked whether a City curfew would need to be amended to be in line with the Governor's Order. Mr. Gilchrist stated this Resolution does not override the Governor's Order. Councilmember Graves requested clarification regarding the statement "Whereas in regulating crowd control techniques, the City of Brooklyn Center bans violent tactics such as choke holds and implementing harsher punishments for use of those maneuvers." Mayor Pro Tem Butler stated that means that the City Council does not support the use of those tactics, and anyone administering these types of elevated techniques would be held accountable. She added that is her understanding. Councilmember Graves stated she was upset to see the use of tear gas, as there have been discussions about banning it. She added peaceful protestors should not be tear-gassed. She noted she supports the Resolution. Councilmember Lawrence-Anderson stated she will support the Resolution, but Resolutions can be amended as needed. She added the City Council should see what the coming days and weeks look like, and adaptations may be required. She noted chokeholds should absolutely not be allowed. She expressed concern about tying the hands of the police so they cannot do their job if there is severe rioting, but she supports the Resolution as written. 04/12/21 -g- Councilmember Graves stated she shares some of Councilmember Lawrence-Anderson's concerns. She added if protestors are not hurting anyone, force should not be used against them. Protest can be a space for healing, and for people to come together around their pain. There are people who want to take advantage and cause chaos,but that is not the majority. Law enforcement should let local leaders have more control. Councilmember Graves stated we are all trying to do our best, and this is a step in the right direction. She added innocent people should have their First Amendment rights respected. She stressed the importance of finding more specific and better ways to address root problems. Councilmember Lawrence-Anderson thanked Councilmember Graves for her consistent mindfulness. She added she agrees that we need to do the best we can, and this is a good starting point. She noted she supports this as a working document. Mayor Pro Tem Butler stated it is imperative to hear from community organizers and work closely with them as they have the ability and resources to provide a space for healing and dialogue. She stressed the importance of being mindful in how we work with them to get through this, do the best we can as leaders. Councilmember Ryan stated he appreciates the open dialogue with his colleagues,allowing a space for open and non judgmental debate to arrive at a better understanding of what the City is trying to accomplish. He added we are all opposed to violence and committed to reconciliation and healing. Councilmember Butler moved, and Councilmember Ryan seconded to adopt RESOLUTION NO. 2021-58 Limiting Police Crowd Control Tactics During Protests. Motion passed 4-0 (Mayor Elliott was absent). RECESS AND RECONVENE Mayor Pro Tem Butler called for a motion to adjourn. Mayor Elliott rejoined the meeting at 8:05 p.m. and asked to hold on(not adjourn). Mr. Gilchrist stated Mayor Elliott is consulting with the Acting City Manager. Dr. Edwards requested a 2-minute break at 8:06 p.m. The meeting resumed at 8:10 p.m. CONSIDER MAYOR ELLIOTT'S REQUEST TO RECOMMEND THE POLICE CHIEF AND A POLICE OFFICER BE RELIEVED OF THEIR DUTIES Mayor Pro Tem Butler stated Mayor Elliott has requested that a recommendation be made on behalf of the City Council that the Police Chief and the Police Officer involved in the shooting be 04/12/21 -9- relieved of their duties. Since the City Council cannot make that decision, this would be a recommendation of the City Council. Mr. Gilchrist stated, if a recommendation is made via motion and the motion passes, it would be advisory to the Acting City Manager. He added it is the City Manager's discretion under the Charter to make such decisions. He noted the motion would provide direction but is not binding. Mayor Pro Tem Butler moved, and Councilmember Graves seconded to recommend that Acting City Manager Dr. Edwards immediately relieve the police chief and police officer involved in the shooting from their duties. Discussion during the motion: Councilmember Ryan asked Dr. Edwards, as the Acting City Manager, for his recommendation. Dr. Edwards stated he does not have a recommendation for the City CounciL He added if it is the City Council's recommendation, he would have to deliberate and make a decision. He added he has come into this within the last 3 hours, and he does not have a recommendation at this time. Councilmember Ryan stated he would prefer to table this issue to give the Acting City Manager time to consider a recommendation. He added he would be disposed toward accepting his recommendation to dismiss the officer and chief of police or not. He added he would defer to his recommendation, which he may or may not approve of. Councilmember Lawrence-Anderson stated she believes the City Council should give the new Acting City Manager some time to evaluate the situation. She added she would not vote in favor of immediately removing the police chief, and she respects the work of the BCA, and their investigation into the officer. She noted she does not believe there is enough information to remove the Police Chief, and she would support tabling this issue until more information is available. Mayor Pro Tem Butler stated Dr. Edwards has been Deputy City Manager for several years, so he is aware of the situation. She added, at this time,the Mayor is not present, so we do not know why he suggested it. She noted she made the motion because we all saw the video, and the officer acknowledged she made a mistake. She noted the officer should be held accountable immediately and should no longer represent the Police Department. Mayor Pro Tem Butler stated, in her opinion, the Police Chief has not conducted himself as a leader in a way that she can approve of. The City Council has tried to engage in dialogue with the Police Chief,to collaborate on how the City can have transparency, accountability,and community oversight. Throughout the whole time, the Police Chief has been defensive, and in her opinion, anti-community, and that is why she made the motion, and she agrees with the Mayor. Mayor Pro Tem Butler stated the City Council has no authority to remove the Police Chief or the police officer of their duties, this is a recommendation only, and she stands by her motion. Councilmember Graves stated she shares the sentiments of all her fellow Councilmembers. She heard the City Attorney mention contracts earlier, and she does not have any information about 04/12/21 -10- contracts, as that is the City Manager's purview. She acknowledged that Dr. Edwards needs some time to process all the different factors about how and when to let an employee go. She stated the climate right now is really hot, and the community is hurt. She noted Chief Gannon has been difficult to work with at times, and when it counted, he did not show up for the community in the right way. Councilmember Graves stated she does not want Dr. Edwards to feel rushed. She added she has no reservations about letting go of the Police Chief and the police officer who made the fatal mistake, because the City needs to take action to ensure that something like this never happens again. Dr. Edwards stated he is familiar with all the issues and he will deliberate and make a decision by tomorrow. He added the contract mentioned earlier is with former City Manager Curt Boganey, but there are no contracts with any other employees. Councilmember Ryan stated he appreciates Dr. Edwards' involvement in City administration. He added Dr. Edwards is now assuming the role of chief administrative officer of the City, and as such, has the power to make a determination for terminating an employee without a vote of the Council. Dr. Edwards confirmed this. Councilmember Ryan stated he would be fine tabling this issue and awaiting Dr. Edward's decision. Dr. Edwards stated it is important for the City Council to share their direction because it provides clarity as to the will and direction of the City CounciL He added he will work to the will of the City Council. Councilmember Lawrence-Anderson voted against the same and Mayor Elliott did not answer the roll call vote. Motion passed (3-1). ll. COUNCIL REPORT This item was not considered. 12. ADJOURNMENT Councilmember Lawrence-Anderson moved and Councilmember Ryan seconded adjournment of the City Council meeting at 8:30 p.m. Motion passed 4-0 (Mayor Elliott did not respond). 04/12/21 -11- STATI; OF MINNESOTA) COUNTY OF HENNEPIN) ss. Certitication 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 co ookl�n Cente pheld on April 12, 2021Regular Session of the City Council of the Crty of B y 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 May 10, 2021, Regular Session. . � �� Barbara Suciu, City Clerk ike Elliott, Mayor 04/12/21 -12