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HomeMy WebLinkAbout2020/07/27 - ADMIN - Minutes - City Council - Study Session Official minutes City council study session St. Louis Park, Minnesota July 27, 2020 The meeting convened at 6:30 p.m. Councilmembers present: Mayor Jake Spano, Tim Brausen, Rachel Harris, Larry Kraft, Anne Mavity, Nadia Mohamed, and Margaret Rog Councilmembers absent: none Staff present: City Manager (Mr. Harmening), Deputy City Manager/Human Resources Director (Ms. Deno), Police Chief Harcey, Deputy Chief Kruelle, Racial Equity Manager (Mx. Sojourner), Senior Management Analyst (Ms. Solano), and Recording Secretary (Ms. Pappas) Guests: Shawn Sorrell, consultant 1. Police use of force policy review Police Chief Mike Harcey and Deputy Police Chief Bryan Kruelle presented to the council. They focused on police policy, and noted the recently implemented Minnesota Police Accountability Act, which all city police forces will need to comply with by December 15, 2020 . Deputy Chief Kruelle stated the St. Louis Park police use of force policy is reviewed an updated periodically. He explained that chokeholds are not used unless deadly force is justified, while adding choke holds are not part of the training protocol within the St. Louis Park police force. He added de-escalation training is used with the police force and is specifically tracked, as well as all use of force incidents. Deputy Chief Kruelle added St. Louis Park officers have a duty to intervene and report inappropriate or illegal conduct by another officer. He stated since the George Floyd incident, the St. Louis Park police force has discussed the use of force policy used in the city, adding everyone in their ranks recognizes that this incident would not have ever happened within St. Louis Park. He stated the city’s officers are well trained, but the police department will also do a top to bottom and side to side review of use of force policies and procedures, adding the police force welcomes the council’s and communities thoughts on this topic as well. Chief Harcey added in St. Louis Park, the police take an oath to their duty, and from day one the police officers have a duty to intercede if they witness inappropriate or illegal conduct by another officer. Chief Harcey noted the city’s use of force statistics emphasize that police are doing a good job, adding the police force has received no use of force complaints in the last 3 years. He added the report is on the city’s website in the use of force section . He noted, however, the police recognize there is a need for constant improvement and a comprehensive policy review will be needed on use of force policies, as required by the Police Officers Standards and Training Board by the end of this year. Chief Harcey stated the force is actively working on training DocuSign Envelope ID: B4FE57CE-D6CD-434C-86C9-D060BAC92C22 Study session minutes -2- July 27, 2020 enhancements, including de-escalation training, scenario-based training and incident debriefings. Mr. Sorrell, a consultant who has had experience with the St. Louis Park police force, facilitated discussion by the council. He asked the council a series of questions, to which they responded. Where were you when they first heard about the George Floyd murder? Councilmember Mohamed stated she heard about it the day before, which was her birthday, adding it was during Ramadan. She stated she felt confused, a responsibility to check the facts on all sides, and not to jump to conclusions. As the day progressed, she stated she felt confusion, anger, adding it all still makes her very angry. Mayor Spano stated he had been out of town with family and got home late, so did not hear about the incident until the next morning. Councilmember Kraft stated he was at home in front of his computer , saw it shared on social media, and later saw the video. Councilmember Rog was home in the evening with family and was not aware of it until later. Councilmember Mavity stated she was at a staff check in at 8 a.m. and her colleague stated this is going to be a very big issue, adding she had been in the same area when Mr. Floyd was kill ed earlier that day. Councilmember Harris stated she was at home due to COVID and because she and her partner decided not to watch the news as much, they did not find out about it until the evening after, adding she was in shock. Councilmember Brausen stated he was at home and saw it on his phone Monday evening. Mr. Harmening stated he had people to his home for Memorial Day and did not learn about it until the next morning. Chief Harcey was also busy on Memorial Day with family and did not see it u ntil the next morning news and got to work right away. Ms. Solano stated she saw the video late that night, adding it was being shared on social media by her friends. Deputy Chief Kruelle stated he was alerted to the incident via his cell phone and on TV the next day. Mx. Sojourner was at home with their son and had information from him as he goes to a recording studio in that area, and then saw the video the next day. Ms. Deno was at home, saw the video the next day, and could not believe it. DocuSign Envelope ID: B4FE57CE-D6CD-434C-86C9-D060BAC92C22 Study session minutes -3- July 27, 2020 What did you hear as relates to police use of force? Councilmember Mohamed stated that the use of force was unnecessary. Councilmember Harris stated it was excessive. Councilmember Kraft stated the three other officers did nothing about it, he felt init ial disgust. Mayor Spano stated the length of time the officer was using force was long and drawn out and a deliberate and decisive act, it was not a moment. Mr. Harmening stated he saw a lack of empathy on the officer’s face and remembers someone walked up to him, and the officer pulled out a chemical bottle and was going to spray it on the person. What did you see, read or hear in chief’s report on use of force in St. Louis Park? Councilmember Brausen stated he heard more about respect for human beings that had consented to be policed and management, adding every human being is owed and entitled respect. Councilmember Harris stated she heard commitment and intentionality around de-escalation, adding there is a learning environment and the values of the police department are enforced as it relates to the dignity of humans. Councilmember Rog states she saw a lot of police words and a police framework and felt there were a lot of assumptions about policing, the job of police, how it all works, and de-escalation and how works. She added she would like to explore this more. What words or statements stand out for you as well? Councilmember Mohamed stated the word “unjustified” stands out, adding she is frightened and concerned about officer biases. Councilmember Mavity stated she wants to be sure the council looks at what they heard and what they did not hear. She stated this is a good start in the framework of how the city polices, and she has confidence in the city’s police force, but added everyone is human and if mistakes are made, they can be bad. She stated she is missing a whole conversation about what is happening in policing and use of force statistics in 2019 show that 128 times out of 10,000 stops in St. Louis Park, use of force was used. She stated that is every 3 days, adding the police force is at risk every 3 days of going too far. She added the council needs to look at what is being measured and how it’s being measured. Councilmember Kraft stated he also has confidence in Chief Harcey and in the police’s culture but has concerns about the statistics and how many were using deadly force . He added he DocuSign Envelope ID: B4FE57CE-D6CD-434C-86C9-D060BAC92C22 Study session minutes -4- July 27, 2020 appreciates the opportunity to strengthen language, but noted there is a need for crisp clarity, which he did not hear in response to some items. What surprised you about info provided to you? Councilmember Rog stated she was surprised the force could use choke holds. Councilmember Brausen stated the use of force number is low compared to what he anticipated given there are 46,000 calls. He stated he presumes the use of force numbers are related to felony charges. Mayor Spano stated he is concerned that police will only have 3 months to align their policies and practices with the state mandate. He feels this is too fast and will not allow for thoughtful deliberate reflection. He stated this is not a one size fits all approach, and police policies will be different for St. Louis Park vs. Duluth or other cities, as each city has different operating philosophies within their policing. Councilmember Harris stated she was surprised about the message of safety and methods for achieving it, adding there is recognition in our community that there are some who don’t feel safe due to color or ethnic background. She asked how we can achieve a real sense of safety in our city. Councilmember Kraft stated he was surprised there was not data or statistics on use of force to compare. Councilmember Brausen stated he was surprised there were zero complaints for use of force, adding usually there would be at least one person, especially if it was unreasonable force. What did info not tell you? What else do you need to know? Councilmember Brausen stated he would like to know more about the race equity implications and data on people of color. Councilmember Rog stated she would like information on how often use of force was used as it relates to a mental health crisis. Mayor Spano stated he was interested in the information about the importance of de- escalation and sees how valuable a tool this is. He stated two-thirds of officers are trained in de-escalation and asked about the other one-third. Chief Harcey noted that all St. Louis Park police officers receive training on basic de-escalation, while two-thirds of officers get training on critical incident and crisis intervention training. Councilmember Harris stated she would like to know about interceding and asked if a new officer would feel supported if he made a report on use of force. Councilmember Mohamed stated she was surprised there were no use of force complaints in 2018-19 and asked if that is different from misconduct of a police officer. She asked what DocuSign Envelope ID: B4FE57CE-D6CD-434C-86C9-D060BAC92C22 Study session minutes -5- July 27, 2020 current procedures are for police misconduct and if they will change under the MN Accountability Act. Chief Harcey stated they do receive complaints about officer conduct, and they do reports on those, noting he is required by his license to report to the post board on these, and the post board reviews the cases. He noted they have had zero complaints on use of force, adding they have data on this. Councilmember Mavity stated the basic challenge is tracking data and tracking it by race and at traffic stops. She wants to be sure this data is available to inform the council on their work. She stated the police force is still not collecting this data and, therefore, the city is lacking information to measure police work. She added this is important information to know for future policymaking. Councilmember Kraft agreed. He added he assumes Eight Can’t Wait is the benchmark the police should use, and if so, asked how it will be used. Mayor Spano stated he has been an advocate on collecting data on race relative to public safety, adding we are looking into the police department, but asked how often community members are calling police when they see a person of color in their neighborhood, just walking by. He noted there are biases in the public safety system and these need to be acknowledged. Councilmember Brausen stated he does not see the direct impact on 128 subjects that experienced use of force, and he wants information on how many resulted in arrests and felonies, noting this would allow the council to see what force was justified, and what was not. Councilmember Rog added she wants to know more about why force is used by the police and if mental health crisis is a factor. She stated there are better ways to deal with these issues vs. having the police show up. She added she is curious as to the ways the police chief and deputy feel the force can get better and asked if they have identified those areas. She is also curious about the duty to intervene and how that might work with other cities. Councilmember Harris asked how we can discern when a police call is made, and one nationality is using police services against another nationality or race . She also asked if the city’s police force notifies the school the day after police have been called to a home with chi ldren residing there. Chief Harcey stated yes in certain situations the police do inform the school district. What do you see SLP police doing well according to the report? Councilmember Mohamed stated she likes how the police address intervening and follow the policies related to that. Councilmember Brausen stated he likes seeing the low incidents in use of force. Councilmember Kraft stated he appreciates the focus on culture and training and sensed humility in the discussion by the chief and deputy chief, adding that is important. DocuSign Envelope ID: B4FE57CE-D6CD-434C-86C9-D060BAC92C22 Study session minutes -6- July 27, 2020 Councilmember Harris stated she is reflecting on the number of residents appreciative of police and fire, and she is celebrating the department’s commitment to ongoing improvement. She added she has a sense the police department is focused on inspiring staff to do their best every day. She stated she honors their work and their commitment to the community. What should be next steps? What additional policy measures should police take to reduce potential for harm? Councilmember Mavity stated she wants to see more strategic discussions from the council, police, and community about how to improve. She stated she did not hear this tonight and thinks the responsibility rests on the council to shape this conversation. She stated there is a need to be aligned with requirements of the post board but asked what the goal is that the council is looking for. She stated there is a need for more data and for it to be tracked in a way to make useful decisions. She added there is a need to be focused and give direction to police and stated the council should not only be talking to police but should also be engaging with experts in this conversation. She requested Mr. Harmening shape that conversation, that it be much broader, and include the community and experts in the community as well. Councilmember Mavity stated the use of force issue is only part of the picture, and the council needs to be asking more strategic questions to a larger group of people. She added the council should also be directing police to get in alignment with Eight Can’t Wait, and direction to the police that choke holds are not a tool to be used . She stated they need to focus and make real changes. Councilmember Kraft stated the city need s to be compliant on Eight Can’t Wait, while making sure to minimize the chance of immediate harm. He added there are times when police force may make a case on when to use force, but we need to see crispness on that and when it is appropriate. 2. Policing structural analysis Mr. Harmening stated this topic will address the hiring practices in the city’s police department and diversifying the police department. The areas of discussion will be:  Outcomes  Resources in police budget  Community to be part of the conversation Mr. Sorrell asked the council to keep this a very high-level discussion. He asked the councilmembers: where do you find or hear there is energy around the policing structure and where do you want to start? Councilmember Mohamed stated she would like to discuss biases and wants the discussion to be intentional. Mayor Spano agreed and asked if there is a role for deeper segmentation of the police force, or a place for unarmed public safety folks in the community. He asked if every person in the police DocuSign Envelope ID: B4FE57CE-D6CD-434C-86C9-D060BAC92C22 Study session minutes -7- July 27, 2020 department needs to carry a gun daily, such as having the traffic enforcement group be unarmed. He stated this would change the nature of interactions. Councilmember Kraft stated he cannot answer this question as there is no data available to help answer it. He wants to do a deep examination of what is being done in the city’s policing and understand how many calls are mental health or domestic disputes, adding he wants the data to lead to have the biggest impact. Councilmember Rog stated she wants to start further back, to reimagine public safety as community safety, have the police be part of the response, but take a much broader view. She pointed to domestic assault and said is that a policing issue or could it be addressed th rough community safety initiatives. Councilmember Mavity also agreed on biases, and lack of data as issues of concern. She stated there needs to be tracking immediately, adding that policing has not changed in 150 years. She stated we need to think about our community, which has changed so much, think about what is needed now, and ask what other community experts are needed in the conversation. Councilmember Harris said when exploring the role of police in public safety, one question is: does our community feel safe when they call police and is there another avenue for people to reach out to for public safety. Councilmember Brausen understands the concerns, adding that some data on St. Louis Park is available on Crimemapping.com, where they lay out the previous 90 days crimes in the city. He noted that almost 60% are property crimes and over 20% are violent crimes, which are what should be focused on, are issues that require a use of force response. He asked what the problem is that we are seeking to respond to. He added he would like to talk to the 128 people that had use of force against them as well. He stated he agrees with what the police force is doing and wants to have a conversation with the community. He added just because events in Minneapolis were horrific, we don’t need to change the St. Louis Park police force. Mr. Harmening stated we need to do outreach to the community and understand their expectations of the police department. Chief Harcey agreed. He stated having the conversation with the community and learning their expectations is how the police build trust and serve the community. Ms. Solano agreed with Mr. Harmening, adding the expectations of the community are foremost and utilizing the city’s boards and commissions and engaging those currently not engaged will be very important. Deputy Chief Kruelle added this will be driven by the community and the changes they want to see, along with legislative changes and changes coming from the council. He stated hiring in the future will be a challenge in the world of COVID and post-George Floyd, adding officers are worn down and are questioning if they want to continue in policing. DocuSign Envelope ID: B4FE57CE-D6CD-434C-86C9-D060BAC92C22 Study session minutes -8- July 27, 2020 Mx. Sojourner stated racial equity will need to be addressed and racialized healing around policing, around bipoc and white bodies. Ms. Deno stated as someone who works for the city and lives here, she wants to see the city continue to build on good things. She agrees with inclusion of the community and the utilization of boards and commissions on setting expectations. Who else from other groups need to be part of these conversations? Councilmember Rog stated students in our community, as well as business owners, human service providers, bipoc especially black residents, and folks in mental health and healthcare. Councilmember Harris stated the commissions as well as neighborhood associations, Twin West Chamber and emergency services from Methodist Hospital. Councilmember Mohamed stated anyone who makes up St. Louis Park. She added, however, she is hesitant about including human services here as they have their own racial and class biases as well, and we need to be aware of this. She stated we cannot replace one system with another problematic system. What decisions can we make tonight for next steps? Mayor Spano stated he will not commit to answer tonight as this is just the beginning of the conversation. He stated we need to elevate voices in the community who have different experiences with law enforcement, and he believes the police are now ready to have that conversation. What might be our next step or our first step to move forward? Councilmember Brausen stated to be intentional about designing a community process and community engagement around the discussion. Councilmember Mohamed stated she wants to hear from a broader range of St. Louis Park and be intentional about who we are reaching out to. Councilmember Kraft added he would like to know how our police spend time, what the outcomes are, and start breaking down how things are happening. Councilmember Mavity agreed there is a need to listen to the community; however, that is not mutually inclusive to doing basic police reforms right now, such as banning choke holds. She stated community input and listening must be ongoing with constant feedback, and the city should be building and embedding this in police work on an ongoing basis. She stated the council has a responsibility to act right now and get input from the community. Councilmember Rog stated the council needs to come to agreement on what we are trying to solve. She stated there is a need for a cost benefit analysis, and she has concerns about how DocuSign Envelope ID: B4FE57CE-D6CD-434C-86C9-D060BAC92C22 Study session minutes -9- July 27, 2020 much of our general fund is tied up in policing, adding we need to do better around issues of community safety and get to outcomes we want. Councilmember Mavity added our goal is to make sure our policing model reflects our community. She stated the model is now outdated so we need to update it to the needs of our community. Mr. Sorrell stated he will submit his notes to staff to formulate next steps. 3. Future study session agenda planning and prioritization Mr. Harmening stated next week’s agenda will include the first reading of an ordinance revoking the Crime Free Ordinance, per council direction in June 2020. Another agenda item includes changing rules to allow liquor at Westwood Hills Nature Center for events. Councilmember Rog asked if the conversations about home-based business and ADU’s might be discussed at the same time. Mr. Harmening stated staff does not see an overlap on these two items and he can provide further explanation offline. Councilmember Brausen referenced the climate action report in written reports and asked if staff is looking at this as part of the budget to be discussed regarding funding a climate response. Mr. Harmening stated yes. Councilmember Brausen added he suggested using the public meeting here related to supporting the inner -city home energy program and extending this as a contest to challenge and engage other cities around St. Louis Park to support this. Councilmember Brausen noted regarding the Arlington Row project, he has no problem extending that one last time, adding he sent questions to staff on whether the project is being revised. Councilmember Kraft stated he would need more background on the Arlington Row project. He also appreciated work done to link numbers and goals to plans related to the climate report, adding one thing missing is that staff always starts with the costs. He believes they should start with the benefits and energy savings ideas, and then present ideas on how to finance and potential savings. Councilmember Kraft added regarding Conservation in the Park, we should be thin king how to cover 1,000 people, and reducing energy by 35%. He noted this needs to be thought about in a much broader way. Mayor Spano asked for more detail on the Wooddale projects for future reports. He also asked for more background on where the city is at with the proposal. Councilmember Mavity stated the report refers to the February 10, 2020 study session and outcomes from that conversations. She added she has received emails about public process for this project and stated there has been extensive public process on this project with the past developer. As this moves forward, there will be additional public process. She wanted to acknowledge there has been 6 years of public process regarding this site. DocuSign Envelope ID: B4FE57CE-D6CD-434C-86C9-D060BAC92C22 Study session minutes -10- July 27, 2020 Councilmember Rog referenced the public art map on the website and asked if some of the murals in the city are missing on the map, or if staff is only showing publicly funded art on the map. She added this seems to be limiting. Ms. Solano noted this was staff’s first attempt on putting the map together and publicly funded art was the focus, but they can also add others and will look at that. Councilmember Rog asked about the Walker Lake community mural and if there will be descriptive stories there also. Ms. Solano stated she will check with Friends of the Arts and report back to council. Mayor Spano asked about sidewalk poetry and if that will also be included . Ms. Solano stated yes, this will be on the map as well, and more information will be presented to council related to the poems selected. The meeting adjourned at 9:04 p.m. Written Reports provided and documented for recording purposes only: 4. Climate action in time of COVID-follow-up discussion 5. June 2020 monthly financial report 6. Second quarter investment report (April-June 2020) 7. SWLRT Wooddale Station Site RFP and developer selection process 8. Public art update 9. Arlington Row Apartments East and Arlington Row Apartments west plat extensions 10. COVID-related street closures ______________________________________ ______________________________________ Melissa Kennedy, city clerk Jake Spano, mayor DocuSign Envelope ID: B4FE57CE-D6CD-434C-86C9-D060BAC92C22