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HomeMy WebLinkAbout2021/04/19 - ADMIN - Minutes - City Council - Regular Official minutes City council meeting St. Louis Park, Minnesota April 19, 2021 1. Call to order Mayor Spano called the meeting to order at 6:30 p.m. 1a. Pledge of allegiance 1b. Roll call Councilmembers present: Mayor Jake Spano, Tim Brausen, Lynette Dumalag, Rachel Harris, Larry Kraft, and Margaret Rog Councilmembers absent: Nadia Mohamed Staff present: City Manager (Mr. Harmening), City Attorney (Mr. Mattick), CFO (Ms. Schmitt), Senior Engineering Project Manager (Mr. Sullivan), Engineering Director (Ms. Heiser), HR Manager (Ms. Timpone), Senior Management Analyst (Ms. Solano), and Recording Secretary (Ms. Pappas). Guests: none 2. Presentations 2a. 2021 volunteer and board and commission member proclamation Ms. Timpone noted it is national volunteer week and the city appreciates its volunteers. Mayor Spano read the 2021 proclamation into the record and thanked city volunteers. 3. Approval of minutes 3a. Study session meeting minutes of March 8, 2021 Councilmember Rog stated page 6, 3rd paragraph should read, “…within neighborhood groups to include BIPOC residents. She added whether neighborhood associations are the right organization to attract BIPOC residents to participate.” Councilmember Dumalag stated on page 3 it should read, “She stated dashboards can be added with data to protect people’s privacy. She has seen this in her work with health systems that are required to be compliant with regulat ions related to patient privacy.” It was moved by Councilmember Rog, seconded by Councilmember Brausen, to approve the March 8, 2021 study session meeting minutes as amended. The motion passed 6-0 (Councilmember Mohamed absent). DocuSign Envelope ID: B6531A5A-40AA-4353-97AB-2653FBA9B82A City council meeting -2- April 19, 2021 3b. City council meeting minutes of March 15, 2021 It was moved by Councilmember Kraft, seconded by Councilmember Brausen, to approve the March 15, 2021 city council meeting minutes as presented. The motion passed 6-0 (Councilmember Mohamed absent). 3c. Special city council meeting minutes of March 22, 2021 It was moved by Councilmember Rog, seconded by Councilmember Brausen, to approve the March 22, 2021 special city council meeting minutes as presented. The motion passed 6-0 (Councilmember Mohamed absent). 3. Approval of agenda and items on consent calendar 4a. Approve second reading and adopt Ordinance No. 2610-21 vacating portions of storm sewer easement, force main sewer easement, and drainage and utility easement and approve the summary ordinance for publication; and approve second reading and adopt Ordinance No. 2611-21 amending Section 36-244(e)(6) of the zoning code and approve the summary ordinance for publication. 4b. Approve second reading and adopt Ordinance No. 2612-21 granting a cable television franchise to Comcast of Minnesota, LLC and approve the summary ordinance for publication. 4c. Adopt Resolution No. 21-050 approving cancellation of special assessments -1400 Pennsylvania Ave S, St. Louis Park, MN 55426, 3915 31st St W, St. Louis Park, MN 55416 and 4261 Utica Ave S, St. Louis Park, MN 55416. 4d. Approve a temporary on-sale liquor license for Church of the Holy Family at 5925 West Lake Street for their event to be held May 22, 2021. 4e. Approve for filing planning commission minutes of March 3, 2021. 4f. Approve for filing planning commission minutes of March 17, 2021. It was moved by Councilmember Brausen, seconded by Councilmember Rog, to approve the agenda as presented and items listed on the consent calendar; and to waive reading of all resolutions and ordinances. The motion passed 6-0 (Councilmember Mohamed absent). 5. Boards and commissions - none 6. Public hearings - none 7. Requests, petitions, and communications from the public - none 8. Resolutions, ordinances, motions, and discussion items - none 9. Communications DocuSign Envelope ID: B6531A5A-40AA-4353-97AB-2653FBA9B82A City council meeting -3- April 19, 2021 Mr. Harmening stated Chief Harcey will provide a high-level overview of the events in Brooklyn Center of this week and going forward. He noted a separate detailed security update can be scheduled for a future date. Chief Harcey discussed public safety after the Brooklyn Center incident and noted that 28 agencies across Hennepin County are involved in forming the West Command Mobile Field Force policy and procedures. He noted the Brooklyn Center police chief requested mutual aid assistance from the West Command Mobile Field Force to help maintain the crime scene. He noted after they left the scene, they were asked by the Brooklyn Center police chief to assist in protecting the critical infrastructure of the Brooklyn Center Police Department . He stated they took action to disperse crowds the day of the incident and subsequently on Monday, Tuesday, Wednesday, and Saturday. The entire time the St. Louis Park staff was there, they assisted on several arrests and one use of force incident. Chief Harcey stated on Sunday night there was one burglary at a St. Louis Park cell phone store, adding this was a related event to the Brooklyn Center unrest. Going forward, the city’s mobile field staff is on call every third night to assist with any future civil unrest . He added the police force continue to watch the Chauvin trial updates and timeline information on the verdict. He stated they will have additional police and resources in St. Louis Park during the verdict and afterwards. Councilmember Harris thanked Chief Harcey for his leadership. She stated it is helpful having the West Command Mobile Field Force working on this. She also is concerned about public perception and added the city’s officers involved have not utilized pepper spray or rubber bullets, but she has concerns as they were near or adjacent to officers that are using these methods. She asked how to explain this to residents if questions come to her. Chief Harcey stated use of force reports and incidents are documented and reviewed by their own agencies. He stated if chemical munitions are used, they were used correctly to defend the officers and community. Councilmember Harris stated our officers are using our own policies and asked if each group uses their own city policies as well and how do they differ . Chief Harcey stated each officer is required to follow their own city’s use of force policies, while the incident commander from Brooklyn Center and Hennepin County made tactical decisions. Councilmember Dumalag asked about public perception and what St. Louis Park is doing related to Operation Safety Net. Chief Harcey stated the city is part of Operation Safety Net . He noted all are working in a unified command and this is a region-wide response to Brooklyn Center and in preparation for the Chauvin verdict. He added the chemicals used on protestors were done so in response to the attacks on police and the Brooklyn Center Police Department was under attack with plans to burn it down. Councilmember Rog stated she understands the chaos happening, adding it was happening with both police and within the crowd. She asked if use of non-lethal force is at the officers’ discretion. Chief Harcey stated yes. DocuSign Envelope ID: B6531A5A-40AA-4353-97AB-2653FBA9B82A City council meeting -4- April 19, 2021 Councilmember Rog asked about the process of unlawful assembly and how people are dispersed. Chief Harcey stated directions are provided in advance to the crowd about dispersing. He noted the Brooklyn Park crowd was told three times to disperse. Councilmember Rog stated she understands the concerns of the police, but also knew of a case of a person leaving when dispersed and then being pulled back out of their car and arrested. She stated she hopes St. Louis Park police were not involved in this, adding it is a very complicated time. Councilmember Rog asked why SWAT team assistance was needed. Chief Harcey stated they were needed for chemical munitions as they have training and are certified in this area . He added, however, chemical munitions were not used by the St. Louis Park SWAT team members. Councilmember Rog asked who pays for overtime and additional costs for police during the Brooklyn Center protests. Chief Harcey stated this will be worked on over time, but under the agreement, St. Louis Park will pay for their officers’ salaries to a certain point and then Brooklyn Center may be asked to assist. He noted a salary plan was in place for unrest during the Chauvin trial, but this has now changed considerably. Councilmember Kraft thanked Chief Harcey for his clear communication and transparency, adding he wishes for safety for police and protestors. He asked about claims that media was being targeted by police. Chief Harcey stated police issued dispersal orders and asked media to leave the area while media were given the opportunity to leave. He added , however, there were certain members of the protest group that stated they were from the media and police were not certain if they were legitimate or not. Councilmember Kraft asked when the verdict comes down, how much notice do the police receive. Chief Harcey stated it should be enough time to get personnel deployed as needed, adding it might be a few hours only. Councilmember Kraft stated he would prefer a more detailed discussion in the future on this topic and would like to pursue what would happen if there was a protest in St. Louis Park and if chemicals were to be used. He added he would like to be prepared and discuss in advance with staff and police what would happen rather than react after the fact. Mayor Spano agreed, adding he is also interested in discussing this further. Councilmember Brausen stated no one wants to be involved in these situations, but it is the duty of police to protect the public, adding everyone appreciates the efforts of police. He stated the very traumatic events of last summer and now in Brooklyn Center are horrific and continue to occur. Councilmember Brausen added because our communities are part of the system, everyone can be demonized, but added the system is failing people and it is frustrating . He stated he feels bad the police have been put in this position, and while some question the use of chemicals or curfew, we need to trust our leaders even though they do not always make perfect decisions. He added he hopes all can work together to address this trauma and expressed his appreciation for police and their work, while adding he hopes systemic issues can be addressed around some of the city’s policies. DocuSign Envelope ID: B6531A5A-40AA-4353-97AB-2653FBA9B82A City council meeting -5- April 19, 2021 Mayor Spano agreed with the councilmembers’ comments and added his appreciation for the police and their transparency. He asked about the burglary at the cell phone store in St. Louis Park and how it was tied to the Brooklyn Center events. Chief Harcey stated the suspects’ vehicle was tied to some activities in Brooklyn Center related to looting, adding it was a similar target and mode of operation. Mayor Spano stated there was some confusion around what was asked for and decisions made related to the mutual aid request by Brooklyn Center to St. Louis Park, West Metro, the Hennepin County Sheriff’s office, and the mayor’s press conference, which was confusing . He asked the chief for clarification on this. Chief Harcey stated the less than lethal forces that were suspended in Brooklyn Center were orders for their officers only, and not for the assisting police forces. Mayor Spano asked about the use of SWAT forces and the specialized skills . He stated he would like to discuss this specialization at a future date and will submit this topic for a study session . Mayor Spano stated the issue of the press clearing the area is a concern with freedom of the press and asked how it is reconciled telling the press to leave when they are doing their job by covering the situation. He added this is problematic and he did not understand why the media was asked to leave. Chief Harcey stated there was violence occurring and people were trying to get through the fence to the police station. He added the dispersal order was given 3 times and warnings that arrests would occur if folks did not disperse. He stated the media was also given the warning to leave or face arrest, along with protestors, if they stayed, and police wanted to get them out of the perimeter. Mayor Spano stated these things must be reconciled. Councilmember Rog asked if there is a certain set of criteria on who decides what . Chief Harcey stated if there are violent acts and the public or police are put at risk of bodily harm, then it is not a peaceful protest and a dispersal order is given. Councilmember Rog stated it was mostly a peaceful protest. She asked what groups are asked to assist. Chief Harcey stated all police groups assisting work under a unified command system with a commander to ensure safety. He added the local agency is responsible as the incident commander during a mutual aid request. Councilmember Brausen stated he trusts the city manager and police to make decisions in situations like this, adding he does not have expertise and would rather respond to a situation versus trying to get out in front of it and brainstorm on every possible scenario on when to and when not to use lethal force. Mayor Spano stated there are lines of accountability and authority and it is appropriate for the council to question who is doing what and when. DocuSign Envelope ID: B6531A5A-40AA-4353-97AB-2653FBA9B82A City council meeting -6- April 19, 2021 Mr. Mattick stated the council can call a special meeting but must give 3-days public notice. He added if the council wants an emergency meeting, that can happen as well, but the emergency will need to be explained. Mayor Spano stated this is not an emergency meeting but there should be a special closed meeting on Friday of this week. Mr. Harmening stated staff will send a poll asking councilmembers for a good time to meet on Friday. 10. Adjournment The meeting adjourned at 7:39 p.m. ______________________________________ ______________________________________ Melissa Kennedy, city clerk Jake Spano, mayor DocuSign Envelope ID: B6531A5A-40AA-4353-97AB-2653FBA9B82A