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).
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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
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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.
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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.
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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.
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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
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