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HomeMy WebLinkAbout2021 08-09 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 AUGUST 9, 2021 VIA ZOOM 1. INFORMAL OPEN FORUM WITH CITY COUNCIL CALL TO ORDER INFORMAL OPEN FORUM The Brooklyn Center City Council met in Informal Open Forum called to order by Mayor Mike Elliott at 6:51 p.m. ROLL CALL Mayor Mike Elliott and Councilmembers Marquita Butler, April Graves, Kris Lawrence- Anderson, and Dan Ryan. Also present were City Manager Reggie Edwards, City Clerk Barb Suciu, and City Attorney Troy Gilchrist. Mayor Mike Elliott opened the meeting for Informal Open Forum. Lori Bardal stated she wants to speak about the Implementation Committee. She stated she 100% agrees that the City Council needs to be in the loop and so does the community, and she does not feel like that has been happening. She asked what has been taking so long, noting it has been 180 days and she does not want another protest in Brooklyn Center or things happening where people are dying at the hands of police. Ms. Bardal stated people are interested in implementing these changes and encouraged the City Council to get this done before more lives are lost. She asked about the timeline, noting the last 54 minutes have been spent on hiring more people,holding more meetings,more bureaucracy, and the timeline has not been mentioned. She wished Open Forum was more of a dialogue than just her making comments without knowing what the City Council is thinking. Ms. Bardal stated Diane Sannes had made comments in May and at the last meeting she attended, Diane had still not received any feedback so she thinks the City's system is flawed and it needs to be improved. Regarding community engagement, she thinks the City Council meetings should be both in-person and Zoom at this point. Ms. Bardal stated she has some important things to say about the Implementation Committee. She addressed the Daunte Wright memorial,noting it is well maintained and provides a place to grieve, process, and heal. After the unrest last April, she felt it was essential to provide a space where we can reflect but to sustain this memorial, there are needs that Brooklyn Center could help assist. She stated the iconic solidarity fist is a symbol to express unity and strength, it sits on a sidewalk facing 63rd Avenue. She stated with the upcoming winter, she is asking for the City Council's 08/09/21 -1- assistance with financing the cost associated with the installation of a small curvature around the fist so that it may be ADA compliant. Ms. Bardal noted the Daunte Drive street sign is handwritten and asked the City to rename it as Daunte Drive with signage on both ends as a permanent fixture to Kathrene Drive. She stated it is important to ensure the longevity of the memorial and we have the support of the community to make it clean, beautifully kept with flowers, and a way to give back to others. In return, she is asking the City to commission this as a permanent fixture so it will remain for future generations. Ms.Bardal stated in addition, she would like to address a proposal for a memorial for Kobe Heisler, which is long overdue. She consulted with various community members and after much thought would ask that Kylon Park be renamed as Kobe's Park since it was a special place where he enjoyed spending time with his family. She stated she consulted with local artist Geno Okok who has done work in Brooklyn Park and Crystal. Once approved, Geno has agreed to paint a mural on a structure built as a solidarity bench. The backboard will hold a painting of Kobe riding his bike, leaving a trail of flowers behind since Kobe enjoyed riding his bike and horticulture. She stated this will be a symbol of peace and hope for our neighbors. Ms. Bardal stated Brooklyn Center has endured turmoil and persevered like no other city and yet come together and is thriving. As a gesture of goodwill, she requested both memorials to be financed either in full or partially by the Brooklyn Center Police Department and any remaining funds needed could be subsidized by the City of Brooklyn Center, working towards unity in our community. Melissa Carey stated she is a resident,part of the immigrant movement, and wants to tell her black brothers and sisters and neighbors on this call that she sees them and is sorry for the violence they have experienced. She stated black lives matter and the slurs on the chat were uncalled for and disgusting and need to be denounced. She stated her profile normally says, your struggle is my struggle, and she wants to say they are worthy of honor and respect as image-bearers of God and she stands in solidarity with them. Ms. Carey stated as a City, we are committed to our diversity and justice for all people in our community. That, ultimately, is the thing that will triumph. Ms. Carey stated she is on the call tonight to say thank you and remind the City Council that before COVID, this meeting was streamed so anyone could watch it live. She asked that the resolution mentioned will keep this going as COVID is again (inaudible) and it leaves out moms with babies and people who are too far away to drive,the immune-compromised. She stated we need to make sure this is accessible to our whole City. Ms. Carey stated if face-to-face meetings will resume, she would like the City to continue having Zoom as an option. She noted many more people are showing up to the meetings and she assumes that is what the City Council wants, interaction with folks positively and appropriately. Mayor Elliott confirmed staff is working to assure that capability Joy Anderson, stated she is a resident and had not planned to speak until she received an e-mail at 5:31 p.m. from Armando and Angel of the City Hall Communications Department notifying a 08/09/21 -2- select few there was an emergency health resolution by the Mayor. She is deeply concerned that only 250 select people received this communication in a city of 31,000 people. She stated residents are not being communicated with from City Hall. She stated she wanted to bring it up tonight because she has tried multiple times to communicate with the Communications Department, with Dr. Edwards, sent e-mails, called, and there has been no response so she is concerned. Ms.Anderson stated she signed up for the Brooklyn Park communications and they have a fantastic method of communicating with their residents with e-mails and there is a multitude of other things you can opt-in or out of to receive communications about happenings,job notices, events, police, and fire department, and all kinds of things that you want to know about your city. She stated for some reason, Brooklyn Center does not have that and she is frustrated by that so things like the Mayor issuing a health emergency, nobody knows that. She stated she happens to be on the 250 community partners'e-mail list but those are the only people that get communications about things happening in our City. Ms. Anderson stated you can hear the distress in her voice, she is very frustrated and concerned about the disconnect between City Hall and the residents who live here. And, with the unrest we have had, it completely was amplified that there was no communication with the residents. She stated Brooklyn Park was communicating more than Brooklyn Center on what was happening in our City. She asked the City Council to hear her tonight and make this plea to the Communications Department and all of those in City Hall who can make a difference. She suggested they call Brooklyn Park to learn about their website communication system, which is simple to sign up, and then do promotion and send out two postcards that this is available. Ms. Anderson stated Brooklyn Park sends out the communications eloquently, short, to the point, and always in a positive way. She is never hesitant to open one of their communications as she knows it will be quick,positive, and informational. She stated Brooklyn Center needs this as soon as possible. Julie Bourque stated her support for what Melissa touched on and she hopes the City will continue to offer meetings virtually. She would not have been able to attend tonight if it hadn't been virtual and this offers her a way to participate in the City in a way she has not been able to. She stated as we talk about how to reach more residents and communicate and encourage participation, having a virtual option is necessary given how life is right now and will be in the future. She stated this is an important option to have and to keep. Ms. Bourque stated she also wants to lend support to having permanent memorials in place for Daunte and Kobe, which are important to have in the City so we can both learn and grow and remember and honor those lives. Matt Branch stated he wants to echo those sentiments and empathize that whenever we move to in-person officially that there is a Zoom or online option because if there is not,he will have to say farewell to City Council meetings as he works on Monday nights plus has kids. He stated it has been amazing that he has been able to attend and learn and grow with the City and be part of the process through Zoom and online features. 08/09/21 -3- Mayor Elliott thanked Mr. Branch for his comments and stated he will ensure there is a virtual option when we go back to in-person meetings. He stated the pandemic is still here and evolving, which one of the agenda items this evening is to address. A lady stated this is her first time being able to join a City Council meeting. She has been a Brooklyn Center resident for well over 20 years and is concerned she does not understand the workings of our City Council. She has dug through the City's website seeking to find meeting minutes,resolutions, and ordinances and find they are lacking as far as clarity. The things she sees is the lack of communication between our Mayor and City Council Members with clear communication, clear focus on where we are going, and what we are doing. She is also concerned with the focus on memorials and other financial endeavors to remember individuals of our community who we have lost. She stated this is turning into a big focus of our City Council meetings and a burden to our City Council where we have significant issues with ongoing murders, shootings, unrest in neighborhoods that are very close to schools, and several children in our City. She stated it is very unsafe. She is unclear as to where our City is going with our Police Department and feels our police officers have their hands tied, we are lacking in empowering our police officers to watch over our City, or to communicate effectively their needs on how they could be better served by our community to empower them to do their job well. As a resident, she wants to support our police, Mayor, City Council, and be part of the solution rather than part of the burden. She stated she is lacking in finding ways to plug in with that and does want to say she agrees with others who have communicated tonight that we need to come together as a body versus segmenting into different groups. She agreed with Joy that there needs to be better communication and the option for Zoom meetings is good. She is confused whether the mandate of the lockdown is so the meeting tonight would be on Zoom or where that is headed. She thinks there should be an option for those who feel comfortable to attend in person and interact and discuss meetings as well as get the minutes clearly and concisely, and for the information of the City to be better presented. She stated when talking about memorials, if individuals want to submit one and put it in a park, she finds that to be fine but does not think it should be a burden on our tax dollars or our Police Departments to pay for them. Ashley Long stated she wanted to comment about the police,noting their job is to serve and protect but they have not been doing that at all. She stated they are not protecting anybody but white people so she does not want to hear their input at all because she feels like they will cover themselves up if all they are going to do is kill innocent people for no reason at all. Lori Bardal stated she wanted to quickly address the white supremacist who was on the call earlier because she too has been threatened personally in her home and does not appreciate it and on this call no matter what, they are not backing down. They will follow through on this very important step in the right direction. She is glad we have the support of our communities and City Council 08/09/21 -4- and the end goal is that we are not cowering down to these people, the white supremacist who come on this call and try to intimidate them, which is unwarranted and they will not let it happen. She stated she is proud to live in a community that is diverse and will stick up for that no matter what anybody does. Mayor Elliott thanked everyone who commented on Open Forum. He stated we are still going through some challenges as a City and working our way through transformation and evolution. He stated there were a lot of comments this evening, some about public safety and others to the way we do business regarding communication and follow up on concerns expressed before the City Council, which we have to address including issues around capacity. He asked residents to continue to show up and speak and we will get to a better City, noting the vision is that the best place to live in Brooklyn Center no matter who you are. No one else wished to address the City Council. Councilmember Butler moved and Councilmember Lawrence-Anderson seconded to close the Informal Open Forum at 7:24 p.m. Motion passed unanimously. 2. INVOCATION Councilmember Graves shared a poem she wrote a year ago as the Invocation. God has a reservation for us, a placeholder waiting to hold love. A garden with the seeds of unity, yet to be ripened for harvest. Nourishment can still be found in moments of connection. Feel it grow closer, stronger, more enduring. Forces of fear and uncertainty work to tear the fragile fabric, but silk is stronger than steel. Though the cords that connect seem invisible, they hold tightly to the possibility, the potential of blooming love. 3. CALL TO ORDER REGULAR BUSINESS MEETING The Brooklyn Center City Council met in Regular Session called to order by Mayor Mike Elliott at 7:26 p.m. 4. ROLL CALL Mayor Mike Elliott and Councilmembers Marquita Butler, April Graves, Kris Lawrence- Anderson, and Dan Ryan. Also present were City Manager Reggie Edwards, Community Development Director Meg Beekman, City Clerk Barb Suciu, and City Attorney Troy Gilchrist. 5. PLEDGE OF ALLEGIANCE 08/09/21 -5- The Pledge of Allegiance was recited. 6. APPROVAL OF AGENDA AND CONSENT AGENDA Councilmember Ryan moved and Mayor Elliott seconded to approve the Agenda and Consent Agenda, as amended, to add Council Consideration Items 10a., Resolution Extending the Period of a Mayor-Declared Local Emergency; and, 10b., Emergency Ordinance Requiring the use of Face Coverings in Public Buildings within the City, and the following consent items were approved: 6a. APPROVAL OF MINUTES 1. July, 26, 2021 —Regular Session 6b. LICENSES MECHANICAL Absolute Mechanical LLC 7338 Ohms Lane Edina, MN 55439 Ideal Air, LLC 17900 Aztec Street NW Andover, MN 55304 PB Services LLC 9410 Bataan Street NE Blaine, MN 55449 Stafford Home Service 6225 Cambridge Street St. Louis Park, MN 55416 RENTAL INITIAL (TYPE IV—six-month license) 5337 Queen Avenue N. Edith Perlin 4201 Lakeside Avenue#319 Nancy Slattery 5308 Lilac Drive Dani Araya 6324 Scott Avenue N. Sayndee Sando INITIAL (TYPE III—one-year license) 1513 Humboldt Place Calvin Johnson Johnson Organization, Inc. 1531 Humboldt Place Calvin Johnson Johnson Organization, Inc. 1537 Humboldt Place Calvin Johnson Johnson Organization, Inc. INITIAL (TYPE II—two-year license) 5803 Xerxes Avenue N. Sonder Point 5803 Xerxes Avenue N. 1330 67th Avenue N. Mark Sibilev 08/09/21 -6- 1525 Humboldt Place Calvin Johnson Johnson Organization, Inc. 1543 Humboldt Place Calvin Johnson Johnson Organization, Inc. 1549 Humboldt Place Calvin Johnson Johnson Organization, Inc. 1555 Humboldt Place Calvin Johnson Johnson Organization, Inc. 5603 Knox Avenue N. Paul R. Johnson RENEWAL (TYPE IV—six-month license) 1606 71st Avenue N. Gregory Lang RENEWAL (TYPE III—one-year license) 1605 56th Avenue N. FYR SFR Borrower 3 818 61st Avenue N. Sherman Kho 6701 Bryant Avenue N. IH3 Property IL 7006 Morgan Avenue N. Hesham Abdel Hakim RENEWAL (TYPE II—two-year license) 6628 Camden Drive Marie Rickmyer 2407 Ericon Drive Plia Thao—met requirements 6242 Scott Avenue N. Chen Zhou/MSP Home Rental 4718 Twin Lake Avenue N. Richard & Elizabeth Becht RENEWAL (TYPE I—three-year license) 6125 Lilac Drive LaNel Crossings Lang Nelson Assoc 6201 Lilac Drive LaNel Crossings Lang Nelson Assoc 5440-44 Bryant Avenue N. Traiten Gunderson 5909 June Avenue N. Jeffrey Davis 6020 Emerson Avenue N. Chad Tesmer 7110 Riverdale Road James Nelson/ACR Homes 6913 Toledo Avenue N. Fred Hanus 6400 Unity Avenue N. Michelle Vue 4706 Wingard Lane Mains'l Properties Motion passed unanimously. 7. PRESENTATIONS/PROCLAMATIONS/RECOGNITIONS/DONATIONS 7a. BROOKLYN CENTER ENTREPRENEURSHIP MARKET STRATEGY FINAL REPORT City Manager Reggie Edwards stated this item was on the agenda previously but the presenter was ill so it was rescheduled to tonight. He introduced the item and invited Ms. Beekman to present the report. 08/09/21 -7- Community Development Director Meg Beekman stated the City has been working in partnership with a development team comprised of Alatus,Project for Pride in Living, and Resurrecting World Faith Ministries, on a development project at the northeast corner of Bass Lake Road and Shingle Creek Parkway. The project is within the area known as the Opportunity Site and would be located on EDA-owned property. Ms. Beekman stated this is in predevelopment and the City is about to embark on a community engagement phase. The development, in general, is a multi-phased, mixed-use development program with a mix of housing types, an event center, daycare, and approximately 25,000 square feet of community-driven entrepreneurial space. The program also anticipates several outdoor public spaces, one of which would support and provide additional space for entrepreneurial incubator space for outdoor gathering and pop-up market expansion. The entrepreneurial space is the topic of discussion this evening. This is a component of a much larger development project, which would be delivered by the development but programmed and designed and owned and operated by the City. The purpose of the space is to serve local entrepreneurs and businesses. Ms. Beekman stated the City partnered with ACER and NEOO Partners earlier in the year to conduct a market and feasibility study, engage local business owners in the process, identify a guiding vision, and branding for the entrepreneurial space. The consultant team was also tasked with developing an operating model and proforma, as well as assist the City with identifying an ownership and management solution for the space. NEOO Partners and ACER have completed their work, and the final report is presented in tonight's meeting packet and Denetrick Powers of NEOO Partners will present the final recommendations, highlights from the study, and identify the next steps for implementing the project. Ms. Beekman stated Mr. Powers came to the City Council several months ago and provided an update at the mid-point of their work and shared much of the community engagement piece, and branding. She invited Mr. Powers to present his findings as it pertains to this study. Denetrick Powers, Co-founder of NEOO Partners, introduced himself and said they were interested in this project because they see a lot of opportunity in Brooklyn Center because of its location, makeup of its businesses and residents, and being the most diverse city in the State of Minnesota. He stated there is a lot of opportunity for residents and small businesses who are doing the best they can despite the pandemic to improve and accelerate their future growth. Mr. Powers stated one of their findings is that no one policy or program will guarantee success as every community is unique in its makeup of programs and partners to serve its businesses. Engagement with those businesses will need to continue past this study to ensure those policies and programs are designed in a way that best serves their needs. Mr. Powers highlighted this project is seen as part of a larger entrepreneurial ecosystem so a comprehensive approach is needed, knowing it will not solve everything, but is a beginning step. He noted the location is in the heart of Brooklyn Center so tailoring the program and policies to provide product and funding and legal support and give a place to grow and establish roots is important. 08/09/21 -8- Mr. Powers stated 61.74% of Brooklyn Center's population are people of color (POC), 41% of firms are POC-owned, and of the businesses owned by POC, only 10%have employees. He stated they do not look at this number as a deficit but as an opportunity to help the other 31% grow and hire members of the community. Mr. Powers stated ACER led community engagement, two surveys,two focus groups focusing on the business community and residents, and a series of one-on-one engagements with small businesses. The items they identified related to a lack of visibility, rents not being affordable enough, not enough retail and office space at the right size, feelings of isolation, and difficulty navigating resources for small businesses. The engagement occurred through conversations and informational interviews with local entrepreneurial leaders, small business incubator leaders, the Neighborhood Development Center(NDC)who was a key advisor to this project,ArcGIS analysis, and national/international best practices research. Mr. Powers stated other challenges identified are that Brooklyn Center has a saturated retail market so small businesses are competing with big-box retail, there is little to no experiential retail destinations with the nearest being Arbor Lakes so there is an opportunity to create a destination center, and there few cultural foodservice offerings. Mr. Powers stated based on that engagement and research, they felt instead of operating as a traditional small business incubator,there was an opportunity to also act as a market space. They are calling it the entrepreneurship Cultural Market Plaza and Small Business Center. He again noted the Brooklyn Center retail market is saturated with big-box retailers and national franchises that don't reflect the cultural diversity of the City. The BIPOC small business community offers a variety of services and products that are culturally aware of the needs of its community. He noted that a culturally reflective market and small business center would fill gaps in the local economy by attracting visitors from neighboring cities. Mr. Powers stated based on the census data and COVID relief data, the following industries are most likely to be serviced: retail, professional services, and health care/beauty. He noted when they started this project, they heard there was a want of more food offerings but after looking at the data, there are more businesses in these retail, professional services, and health care/beauty uses that need space. They also found there is a myth that ethnic businesses and residents want food businesses but that is not true and the data has proven that. Mr. Powers stated further programs and services would be broken into four customer segments: general assistance, one-time customized assistance, long-term individual assistance, and incubation client (physical tenant for an established business) where they can continue to grow. The secondary market would include customers from the day workforce as well as the general public for a lunch and weekend destination. Mr. Powers stated when developing programing, they determined four must-haves for a small business incubator: 1. The leading entity responsible for startup and ongoing operations; 2. Location services including below-market amenities, office, and retail space, and shared services; 3. Strong partnerships to engage local government, institutions, and business leaders; and, 4. 08/09/21 -9- Programing and mentorship providing basic business and tenant assistance and customized assistance for opportunities. Mr. Powers displayed pictures of four other local comparable businesses and stated after looking at them, they felt Mercado Central was the closest comparable in makeup with a lot of retail and office space and some food businesses. He explained the study looked at 14,000 sq. ft.but through ongoing conversations, they recognize that to continue engaging businesses, there may be a need to double that space. Some of the other incubators that provide programming and incentives include NEON, Mercado Central, Midtown Global Market, and Karmel Mall. Mr. Powers stated they found over 30 service providers for small business resources for entrepreneurs, noting some are near Brooklyn Center including African Career, Education Resource Inc. (ACER) who partnered on this study, the Liberian Business Association (LIBA), and CAPI who participated in the focus groups. He stated a lot of the business technical assistance providers could be great partners because they have experience and currently work with culturally diverse small business owners. Mr. Powers presented four business models for small businesses including local economic development, academic/scientific, corporate, and private investors. He explained for this incubator/market,they used the local economic development approach as being the best fit because as a non-profit model there are many activities to provide service to a general set of businesses. Some of the objectives include job creation, economic development, supporting targeted groups, and focuses specifically on small businesses. He reviewed key offerings from the economic development model including hosting and shared services, administrative assistance, consulting and coaching, and access to financing. Some of the problems identified include accessibility of resources,changed subsidy with local government leadership,quality of management,governance, and risk conflicts. Mr. Powers presented the seven principles for program design including entrepreneurs being front and center, fostering conversation, enlisting collaborators, living the values, connecting people, telling the community's authentic story, and being patient, emphasizing the four that are key for this incubator. Mr. Powers stated they identified key characteristics of top-performing small businesses as follows: 1. Almost all programs are not-for-profit because they need a large subsidy. 2. Incubator sizes range from 4,000 to nearly 1 million sq. ft. They found size isn't a determinant of success for an incubator. 3. Incubation program budgets range from revenues of$33,000 with expenses of $17,000 to $2.8 million in revenue with expenses of $2.5 million. The size of an incubator's budget is not a guarantee of success but those that invest more into their programs tend to do better. 4. The average amount of rent and service fees only covers about is 58.7% of the revenue needed to be sustainable. This means the local government is usually covering upwards of 40% of the cost needed to run a successful incubator. 5. Advisory board composition matters to make sure entrepreneurs are part of the incubator design as well as those with experience and local government staff, all key players, are at the table when designing and making decisions. 08/09/21 -10- Mr. Powers stated the recommended start-up is as follows: 1. Owned by a non-profit supported by the EDA because the key needs of the community are for affordable space. If the incubator is owned by a non-profit or EDA, it would eliminate taxes for the space, which acts as another subsidy. 2.Needs to be a well-balanced board appointed by the EDA. 3. Full-time director as part of the startup so they understand the design and needs of the incubator at the beginning instead of coming in after everything has been designed. 4. They estimate $350,000 of public investment is needed during the initial year and it could be upwards of$1.2 million over the first four years. This is not the cost of building the incubator but the operational costs. Mr. Powers presented the next steps including establishing an incubator organization, a non-profit and advisory board,to organize stakeholders; design and construction of the incubator, identifying design firms and determining the hard costs for building the incubator; marketing and leasing the incubator space, building a pipeline of businesses using information based on the small business relief grants given and work they did with ACER and LIBA; and, continue to engage small businesses to design the incubator programming. Mr. Powers stated that concludes his presentation. Mayor Elliott thanked Mr. Powers for the presentation. He stated this is the clearest presentation he has ever seen and Mr. Powers has done a great job. Councilmember Butler echoed Mayor Elliott's comments, noting she had written down questions but during the presentation, they were answered. She thanked Mr. Powers for the thorough presentation, which was well researched about the need, the gaps, and opportunities that a lot of local business owners face and how this can assist to fill some of those gaps as well as partners that were engaged in the process. She stated she had no questions as they were all answered. Mayor Elliott stated he hopes Mr. Powers will continue to work with them as they go through the next stages and implement these recommendations. He noted it is laid out. He stated he visited several entrepreneurial centers, one in Denver that has been operating a decade or so and he was very impressed after a tour and talking with the staff, which is a non-profit. He stated he and Dr. Edwards were fortunate to meet with an incubator center in Chicago that has operated for well over a decade and using the local culture,resources,people,and building a thriving entrepreneurial ecosystem. Councilmember Lawrence-Anderson thanked Mr. Powers for a very thorough presentation,noting for those listening, the City Council received a 44-page thorough examination of this report as well. She asked if the action tonight is to accept the report. Mayor Elliott answered in the affirmative. Councilmember Lawrence-Anderson noted at the beginning it was said there are no budget issues to consider this evening. But, going forward, she is curious because in reading the material, on page 22 of the memorandum, it indicates that the EDA funding is typically for set up but not ongoing. Yet for success,the report indicates it will require ongoing economic support. She stated it is wonderful and asked that the record note she worked for a husband/wife entrepreneurial team and they did extremely well so she respects the entrepreneurial spirit and wants to see it in our City. Yet, she would like as much information as possible, and tonight she fully accepts this 08/09/21 -11- thorough report that was well done. Councilmember Lawrence-Anderson stated going forward the City Council will want to clarify, from an operational standpoint, what the City may or may not be required to do. She again thanked Mr. Powers for all of the information. Councilmember Ryan stated he appreciates Mr. Powers' presentation, noting he has put a lot of time and effort into it and it is very helpful. He asked what are some of the major non-profit foundations in the State of Minnesota that might come to the table to support some of our initiatives and if the McKnight Foundation would be one. Mr. Powers stated in their conversations with the Neighborhood Development Center, they expressed interest in this incubator but they have not yet talked about the details of what may look like. From the philanthropic community,the McKnight Foundation and Pohland Foundation have funded entrepreneurial programs in the past, they fund NEON, so they may be potential funders. Mr. Powers stated there will need to be further conversations to determine their priorities. Councilmember Ryan stated this will be an ongoing conversation and he imagines there will be various people who are engaged with this and pursue that avenue. He is open to the concept of a small business incubator but his questions and concerns need to be answered in detail,perhaps not tonight but at a later date. He noted the Community Development Director has informed the City Council that the business incubator component of the Alatus business pilot project would require a substantial operating subsidy from the City, estimated at$1.2 million over the first four years of operation. Councilmember Ryan stated he understands that is an estimate but if it is a fair estimate, that is a substantial commitment and would mean the City would spend a great deal of money to support just a few businesses. He asked how the City would meet a financial commitment of an additional $300,000 each budget year over the next four years. He also asked how the City would get the money, and would it be paid through the general fund financed through the tax levy. Councilmember Ryan asked if the business incubator is built,wouldn't the subsidy be a long-term commitment going beyond four years. From a financial perspective, he asked if building a business incubator on that scale,possibly 25,000 sq. ft and at that expense, in terms of construction costs and operating subsidies be more feasible if constructed as a later phase of the Opportunity Site development rather than in Phase I. He asked if the business incubator space requiring this level of subsidy and most likely Tax Increment Financing (TIF) cancel out much of the increase in the tax base from the Alatus development. Councilmember Ryan stated the City Council needs to weigh these costs against the potential benefit of the business incubator as part of the Opportunity Site Alatus project,noting the problem with any cost/benefit analysis is that it is easy to discount the cost and overestimate the benefit of the project. He stated as a policymaker, the City Council is charged with the management of the City's limited resources so he looks forward to seeing a feasibility study that takes a careful and hard look at the business incubator portion of the Alatus proposal as well as the project. Councilmember Ryan stated he is ready to receive the report at this time and thinks it is a great first step in walking through those challenges. Councilmember Ryan again thanked Mr. Powers for his work, which is outstanding and helps us begin the conversation about where the City needs to move and possibly seeking outside resources. 08/09/21 -12- Councilmember Graves thanked Mr. Powers for the presentation and stated he did a good job. She stated a small business and some kind of global market in Brooklyn Center is something she has wanted to see since 2014, before getting elected to the City Council. She felt it was missing as a resident and has been talking about it for a long time. Councilmember Graves stated she appreciates the report and knows other cities around Brooklyn Center are moving forward with similar ideas. She also appreciates the questions raised by her fellow Council Members and looks forward to continuing discussions. Mayor Elliott echoed Councilmember Graves' comments and stated we all want to see this type of development in Brooklyn Center as it has been needed for a while and for far too long,residents of all stripes and backgrounds have expressed they would like to see this happen in Brooklyn Center. Mayor Elliott stated he keeps thinking about the State of Minnesota's forecast that 70% of its future growth will be from communities of color so, to him, this is not just a feature or token or needs to be just a small part of a business-as-usual development project to check a box. He stated this is,the big opportunity we have in Brooklyn Center to focus on developing businesses we have here, which keep resources here in our community. He noted dollars circulate seven times or so if it is a local business versus bigger national chains where the dollar leaves right away. So,investing upfront in a business like this adds much-needed support for entrepreneurs in our City. We are also investing in having a more stable economic base as these entrepreneurs are often the last to close shops, even during the hardest times, while national chains close their stores across the country. Mayor Elliott stated he thinks this is the right direction, noting the City often makes large investments in big developers, gives them subsidies to the tune of millions of dollars, and doesn't bat an eye. But when we talk about these entrepreneurs, we want to talk about how much it's going to cost. Of course, we want to know we are spending taxpayer dollars in the right way and he can't think of a better way than to support our local small businesses. Mayor Elliott stated the City Council looks forward to seeing Mr. Powers again. Ekta Prakash, CAPI, thanked Mr. Powers for the great presentation, which was well done and she liked it. She pointed out that Brooklyn Center may need to think about the safety protocol too and as we are growing businesses and thinking about how we want to expand, we need to put on the safety lens because we are also thinking about who are the users of the businesses. They want to attract people from out of Brooklyn Center too and to think about safety as it is another hurdle she sees all of the time being in Brooklyn Center and witnessing all of these challenges. She wants the City to address that to assure the people who are living there are safe, the businesses are safe, and they can attract others who come to Brooklyn Center to use our businesses and services. She stated she is struggling with this and wanted to bring it up. Mayor Elliott agreed this needs to be incorporated into our thinking around the development we are doing in Brooklyn Center, including this one. 08/09/21 -13- Ms. Beekman thanked Mr. Powers for the presentation and stated it's been her pleasure to work with him on this project. She stated a couple of things to take note of from a bigger picture standpoint,is that Mr. Powers talked about the entrepreneurial ecosystem and it is really important to note that because as the staff has met with small businesses within the community, service providers,and residents,they have heard about the types of retail experiences people want to have. They want the retail to look more authentic to the community and be locally based. This has come up as staff has developed a program to support small business spaces. They know that no one project will solve all the needs so several projects are being thought about. This would be one component that would serve a particular service and from the beginning,that purpose was focused on serving local entrepreneurs and creating spaces for them to have stable bricks and mortar locations, resources, and networking amongst one another, and provide technical assistance and support to their front door. That is the function of this type of space. Ms. Beekman noted there is an opportunity for pop-up markets and food but as we think about the Opportunity Site development and other redevelopment opportunities, we know there are slices of each element of our needs that can be met. Ms.Beekman stated their staff talked to several different folks who want to focus on what an ethnic market, culturally diverse space, would look like and likely may focus on businesses from outside of the community, also knowing that brings in those experiences and growing the ecosystem of businesses and additional support. They also know there is a need for affordable bricks and mortar space, opportunities to incubate food and other types of business, and technical assistance. Staff is working on those areas and that will be discussed more at tonight's Work Session. Ms. Beekman stated this is one project amongst many that are designed to create a whole. Councilmember Lawrence-Anderson stated she would like to thank Dr. Edwards, his staff, Ms. Beekman,and her team,for all of the work that has gone into this, adding it does not go unnoticed. Councilmember Ryan moved and Councilmember Lawrence-Anderson seconded to accept the Brooklyn Center Entrepreneurship Market Strategy Report. Motion passed unanimously. 8. PUBLIC HEARINGS None. 9. PLANNING COMMISSION ITEMS None. 10. COUNCIL CONSIDERATION ITEMS 10a. RESOLUTION NO. 2021-95 EXTENDING THE PERIOD OF A MAYOR- DECLARED LOCAL EMERGENCY 08/09/21 -14- Mayor Elliott announced that earlier today, he declared a local emergency due to the pandemic. He stated COVID-19 has evolved into a Delta variant and there is another variant coming that is even more contagious. Those changes in the pandemic are the reason they are meeting tonight electronically. He referenced the resolution prepared by staff to extend the local emergency,noting in the Legislature one of the requirements was for the Governor to give up his emergency authorities so the State cannot respond to the emerging dangerous situation we are facing with the pandemic. Mayor Elliott pointed out the rate in which cases are coming in is higher than it was last summer so cities have to act. He explained the action before the City Council is to extend the local emergency and next to consider an indoor mask policy. City Attorney Gilchrist stated unfortunately, the City Council has been through this process a couple of times before. He explained the way the Statute is set up for declaration of local emergencies is that the decision is left solely to the Mayor to make that declaration and it is only in effect for up to three days. Then any extension beyond three days has to come with the consent of the City Council. That is what this resolution proposes. City Attorney Gilchrist stated the Mayor asked for the resolution to be prepared and that would be the next step in the emergency. The resolution reflects the emergency rationale in the declaration, addresses the Delta variant, increased spreading of it, and those vaccinated being subject to it and able to pass the virus. He stated the health pandemic has not gone away but this emergency declaration reflects the most recent and troubling trend that is occurring with the increased transmissibility and infection rate that is occurring. This is a reverse in trends from what we have seen in recent weeks. City Attorney Gilchrist referenced the resolution, noting the operative language in the NOW THEREFORE BE IT RESOLVED,that the City Council supports the Mayor's declaration of local emergency and extends it until the City Council acts by resolution to repeal it upon the termination of the public health risk no longer warrants maintaining face coverings imposed here. City Attorney Gilchrist noted this resolution should be revised to delete the words 'face coverings imposed here.' and instead say: `...until the City Council determines the public health risk no longer warrants maintaining the emergency declaration.' City Attorney Gilchrist stated the next section says the Mayor, City Manager, staff, and Attorney are authorized and directed to take any additional steps to carry out the intent of the resolution. He recapped that the resolution intends to extend the emergency declaration for an indefinite period until the City Council determines to repeal it. Councilmember Lawrence Anderson asked if we are still looking at two acceptances this evening, extending the emergency declaration and the mask mandate, or if they would be combined into one. City Attorney Gilchrist advised they are separate actions. One affirms and extends the Mayor's emergency declaration and the second is a proposed emergency ordinance that would be acted on separately to implement a mask requirement, which relates to the emergency declaration but will require a unanimous vote so it will be acted on separately. Councilmember Graves asked what is the intent of the emergency declaration. City Attorney Gilchrist stated there are no specific requirements associated with it so unlike the original 08/09/21 -15- declaration adopted in 2020 that had a list of things that would happen as a result of the declaration, this one the Mayor acted on today does not have that list. Mayor Elliott explained that having the declaration allows the City to use that State Statute and meet virtually and allows us to enact measures,one of which is the emergency ordinance for masks. Councilmember Graves noted the two measures will be acted on separately and asked if the first does not pass, does that mean the City Council cannot act on the second. Mayor Elliott confirmed that is correct since an emergency related to the pandemic is needed before you can declare a local emergency ordinance. City Attorney Gilchrist stated the City Council has adopted emergency ordinances without an emergency declaration in place but to the Mayor's point, it does support an emergency ordinance if there already is an emergency declaration in effect. It also supports the idea of meeting electronically if there is a local emergency declaration in place. He stated most cities that did meet virtually over the last year did so under an emergency declaration. He is pointing this out because some neighboring cities may be going to electronic meetings without declaring an emergency. The Statute says that meeting electronically due to a health pandemic or an emergency under Chapter 12 so,technically,they are separate things. The City Council could hold electronic meetings under a health pandemic without a declaration of an emergency, but it does lend support. Councilmember Graves asked what other things could be passing the emergency declaration do besides the two (allow electronic meetings and institute a mask mandate) mentioned. City Attorney Gilchrist stated it puts the City back on an emergency footing that would allow the City, if tied to the emergency, to utilize expedited contracting procedures and those sorts of things. However, he did not see how those things would come into effect. It would also authorize and empower the Mayor to take action by emergency declaration. Councilmember Graves stated if the City Council decided to not approve that today but felt it was needed in two weeks, we could do that as an emergency pretty quickly as they have done in the past. City Attorney Gilchrist advised that is correct if the Mayor adopts a new emergency declaration, which is the first step in being able to extend it. If not approved this evening, the current emergency declaration will expire in three days. Councilmember Graves noted the Mayor could declare another emergency. City Attorney Gilchrist agreed and explained there is no set time between emergency declarations. Councilmember Graves stated she does not necessarily think Brooklyn Center needs an emergency declaration extended at this time but she is interested in having a conversation about a mask mandate specific to City-owned buildings. Mayor Elliott asked whether there are any funding or reimbursements tied to whether there is a local emergency. Dr. Edwards stated not at this particular time other than the ARP fund which is directly related to COVID. Mayor Elliott asked Councilmember Graves what are her reservations about extending the 08/09/21 -16- emergency. He saw it as giving the City the ability to act on masks by resolution, which he could have also done by an emergency declaration but thought it was better done through City Council action. Mayor Elliott noted that Minneapolis and St. Paul have their emergency in place. Councilmember Graves stated she does not necessarily have reservations but does not see the total necessity of it at this moment and does not feel as though we would have our hands tied to act should the specific need arise. She stated that is all she cares to share. Councilmember Lawrence-Anderson asked for a point of clarity, noting within the State Statute, what are other powers included within the emergency declaration. She concurred that with the rising cases of COVID due to the Delta variant, meeting in person may not be prudent or safe for the general public, and she concurs with the masking. Councilmember Lawrence-Anderson stated it was clear back in April-May that a full-fledged emergency was needed but she is not quite certain that is necessary and if there is a way we can legally, via State Statute, hold our meetings virtually now and have a City ordinance for masking, that would suffice as opposed to a very opened ended emergency declaration. City Attorney Gilchrist stated the declaration of a local emergency will trigger the City's emergency plans to be implemented, noting a health pandemic is a little different and just ended nine days ago. It had been in place since March of 2020, consistently existing in the background. Then with the positive news on the pandemic, he encouraged the Mayor to not let it go on perpetually since you can re-enact it. On July 12, 2021, there was a consent agenda item to end the local emergency at the end of July 31, 2021. Now with the Delta variant spiking within the last couple of weeks, the Mayor approached him about reinstating it. City Attorney Gilchrist advised that once enacted, other than triggering the local plans, it allows the City to do things like a contract in a more expeditious means to address the emergency, to rely on mutual aid agreements, and those sorts of things. The unique thing for Brooklyn Center, being a Charter City is that it also ties into a Code provision the City enacted several years ago that also gives the Mayor the authority to enact emergency proclamations and enacting temporary regulations. Mayor Elliott stated he thinks the City needs to enact its emergency management plan, which declared a local emergency will do and free the City to be able to contract more expeditiously. He stated the City Council can vote against it but he will not bring forward another declaration in two weeks. Councilmember Butler stated if the City Council does not pass this emergency declaration and has to go back to meeting in person, she was nervous about and hadn't heard about any protocols or anything different that would be put in place to keep all of us safe, nothing we can't assume everyone is vaccinated, nor can we ask. She wondered if we don't pass this, how can we ensure that people are kept safe in having to attend in-person meetings. She also asked how are we going to keep our residents safe who attend in person. Mayor Elliott stated the City can still meet in person if it does not pass. 08/09/21 -17- City Attorney Gilchrist stated the City Council can still meet electronically if this does not pass. Mayor Elliott stated he thinks it would put the City on a better footing to take advantage of that Statute and continue meeting virtually. City Attorney Gilchrist stated he also agrees. Mayor Elliott stated City Attorney Gilchrist had approached him and said he thought the City should end the emergency as it was not needed anymore. But if we do need it,we can always bring it back. Mayor Elliott stated he agreed and is now bringing it back because he sees no downside to declaring an emergency, invoking the emergency management plan, and freeing up staff to take certain actions expeditiously. Councilmember Graves asked, for clarity,when the original emergency proclamation ended at the end of July, does staff still follow CDC recommended guidelines. Dr. Edwards answered in the affirmative and stated staff continues to follow CDC and State guidelines the doors at all City facilities recommend wearing your mask if you are not vaccinated. He stated staff anticipated continuing to do that and ask staff to wear masks if not vaccinated. Councilmember Graves asked if there is anything that staff or the City Attorney can point to specifically, right now, that would help staff with their work or current need related to the pandemic. She thought the comment about the ARP funding was unclear. Dr. Edwards stated staff just finished a seminar on ARP fund requirements and purposes for which the City can utilize those funds. The staff has not put together a list of efforts as far as utilization of those dollars but it would apply to any matters related to COVID. Councilmember Graves asked if there is something that would preclude or open the City to more uses of that funding bypassing the emergency declaration. Dr. Edwards answered no, it would not enhance the City's ability to use those funds as it has already been authorized as long as the City can document, according to the existing guidelines, that it pertains to COVID. Councilmember Graves stated her opinion stands because if needed, the City Council can make a quick effort, despite the Mayor saying he won't come back with another emergency declaration. She stated as a leader, if there is further indication that it needs to be brought back,then she thinks the Mayor would do so and if not, and there was a need for different protocols, she would bring it up to the rest of the City Council and she hopes staff would as well. Councilmember Graves stated she is not a specialist or someone who knows what is happening with the virus at all times. But she has been following and working as a public health specialist doing outreach during the pandemic and working with entities within Hennepin County, Minneapolis, and sometimes with Brooklyn Center around it. To her, right now, she does not feel the urgency to extend the emergency. However,that does not mean we shouldn't diligently watch and make sure that if it is necessary, we take that action. Councilmember Graves stated she does not feel that way right now but does want staff and people visiting our buildings to feel safe so it makes sense to not just recommend wearing a mask but ask people to wear masks in City-owned properties. That is how she feels now and if it changes or 08/09/21 -18- someone else feels differently, she is open to hearing their perspective. Mayor Elliott stated he feels differently and if Councilmember Graves is saying that in two weeks if she feels like the situation is serious enough then he should bring forward another declaration, he feels that way right now. Councilmember Graves stated she knows that is how the Mayor feels and if he still feels that way and the rate has doubled again, saying that he won't bring it forward in two weeks sounds sort of like a threat. Like if you don't pass it now,I'm not going to bring it up again even if it is warranted. Councilmember Graves stated that is what her point was. Mayor Elliott repeated that he feels it is warranted right now. Councilmember Graves stated and so the Mayor would still feel that it is warranted if it got worse so saying he would not do it again, to her, seems manipulative. Mayor Elliott stated it is not, it's just being real. He stated the rates of COVID contraction right now are higher now than they were at the height last summer. So, if he brings it forward tonight and the City Council says they don't see the reason for it and he comes back two weeks from now and says, hey it's even higher than it was, how sure is he that it will be enough of a change for the City Council to support this. Mayor Elliott noted everyone is saying that what they are seeing with this virus is scarier than it was any time since we've had this virus around. He does not understand Councilmember Graves' apprehension to extend this declaration. Quite honestly, he thinks it is scary out there for all of us and if she is worried about people coming into our buildings not wearing a mask, then the best thing we can do is declare a local emergency and impose masking so people know that it is an emergency and it is serious. He asked what do we have to lose by extending the local emergency. He stated it is a health pandemic. Councilmember Graves stated she is curious and asked if any smaller cities have done this recently, like Brooklyn Park or Crystal, Robbinsdale, Roseville, Falcon Heights, or was it just Duluth, St. Paul, and Minneapolis. She also asked if they did a second declaration of emergency or just pass a mask mandate. Mayor Elliott stated at least one of the mayors he reached out to with this conversation expressed sadness that they ended their declaration at the same time we ended ours in Brooklyn Center. He would not be surprised if that city extended or incorporated a new emergency. He stated when the Governor ended his because that was the only way the Governor could get the budget passed. Then all of the other cities, including Brooklyn Center, followed suit but it was not based on the fact that we were out of a pandemic or emergency. Mayor Elliott stated to him it does not makes sense we are not in a local emergency because we are. He cannot think of a better time to declare an emergency than right now. That is his frustration when Councilmember Graves said he can just come back. He stated it is already worse. 08/09/21 -19- Mayor Elliott stated if he sounds frustrated and a little bit angry, it is because he is. He has nothing tied to this, but this is where we are and he hopes the City Council takes the right step. He stated we can look at whether smaller cities have taken this step but maybe they are looking at us to see whether we take this step. He again asked what do we have to lose by extending a local emergency. Mayor Elliott noted that all of the steps the City Council takes to go through the City Attorney in consultation. Councilmember Graves stated she is not under the impression that Mayor Elliott has some other ulterior motives behind it but she feels the things that Mayor Elliott wants to do can be done right now. She is suggesting we don't rush into the situation but, instead, stay diligent about the rate of the spread and get people to mask up and get vaccines if they are comfortable enough to do so, partnering with other health entities to do so. Councilmember Graves noted she was on the incident management team at the Health Department and a week ago it was disbanded. That does not mean people are not still doing work related to the pandemic because people are still conducting testing, vaccination clinics, practicing COVID mitigation plans. She is thinking about specifically Mayor Elliott's decision to halt a construction project and then several emergency meetings were needed about it to mitigate some resident concerns related to dust. She noted she is not saying it was not important, but she also thinks it could have set the City up for some possible litigation. So, it was a time-sensitive situation where the City Council had to immediately be available to meet and make decisions based upon Mayor Elliott's decision under an emergency proclamation to stop something and then get the rest of the City Council on board and behind it. Councilmember Graves stated she is trying to avoid another situation like that and act when she feels like it is pertinent to act right at that moment. She thinks if we saw an exponential rise in cases specified in our community and it felt as though we needed to do that, the City Council would do that. Councilmember Graves stated Mayor Elliott has not given her any data specific but is just talking about the Delta variant and new variants, which she is well aware of She does not necessarily feel that right now today is the day to do another emergency proclamation and extend those powers beyond three days. She stated if, in three days, she felt differently, then maybe she would say that. And, in two weeks when they hold another City Council meeting we can look at the rates and get recommendations from public health officials and experts on whether or not it will be necessary. Councilmember Graves stated if staff realizes that we need to contractually move much faster because of the pandemic, she is sure they will say that. She stated it may give you more legal footing but it is not impossible to meet virtually or to pass a masking mandate. Councilmember Graves stated she will leave it at that right now; that is how she feels. Mayor Elliott stated he understands and the responsibility is on him to act. He stated Councilmember Graves can second guess his decisions all she wants, that is her prerogative and maybe he made the wrong decision but maybe he didn't. He stated if he did make the wrong decision, does that mean that now he can never act again. He noted the City was not sued, he had made that decision in consultation with the City Attorney, and of course, we had to meet but he knew that would be part of the process. Mayor Elliott stated he had pretty good advice from the 08/09/21 -20- attorney that even if there was a lawsuit, we were on a good footing to win and well within our powers. Mayor Elliott stated again that Councilmember Graves can second guess his decisions if she wants but it was done in consultation with the attorney, we were on good footing, and asked what came out of that. He noted better protective measures for our residents came out of that. He stated he does not agree with Councilmember Graves' analysis and thinks we are in the middle of a pandemic. He stated if he needs to act,he should be able to act as the Mayor but what he is hearing is that Councilmember Graves does not trust his ability to act. He noted again that the outcome of his actions only meant better protection for our residents and so we needed to have another meeting or two during a pandemic. He asked if that was the downside Councilmember Graves was worried about. Councilmember Graves asked Mayor Elliott to please not put words in her mouth. Councilmember Lawrence-Anderson stated she believes we enacted the first emergency powers after the Governor did and to the best of her knowledge, the Governor has not done that again. She concurred that in and of itself, it is not required at this very moment. She believes there should be a mask ordinance and that we can meet virtually but that is the extent of it as it stands, in her opinion,today. Councilmember Lawrence-Anderson stated we should probably call for a vote and move on with the meeting this evening, with all due respect. Councilmember Ryan stated he concurs with both Councilmembers Graves and Lawrence- Anderson and thinks we should have just had a mask mandate and revisit if we need more sweeping regulation through a local ordinance at a subsequent date. He suggested we move on. Mayor Elliott stated the City Council has that prerogative, he will withdraw the resolution, and we will move on. Councilmember Lawrence-Anderson stated the City Council should hold a vote on the resolution. The City Council reviewed the text of the resolution. Councilmember Ryan asked the City Attorney if the resolution simply authorizes the City to have the authority to impose a rule for the wearing of masks in any public venue in the City of Brooklyn Center whether it is City Hall or other public places. Councilmember Ryan stated he wants to be clear on what we are authorizing. City Attorney Gilchrist stated he had indicated earlier that language was added in error and the City Clerk has already made that revision. The updated resolution was displayed on the screen. He explained that extending the emergency helps support meeting electronically and an emergency ordinance, that would be a separate action, to require masks. It lends support but it is not an absolute requirement for either one of those things. Councilmember Ryan suggested the City Council approach this in a series of steps, which would be consistent with comments made by Councilmembers Graves and Lawrence-Anderson. In that 08/09/21 -21- spirit and understanding, he would support this resolution. Councilmember Ryan stated it behooves us, as policymakers, to revisit all the issues as frequently as necessary as these issues with the Delta and other virus variants emerge. That is the only reason he had reservations about passing anything more sweeping because, in the past, the Mayor has taken the initiative to do things that were not necessarily supported by the City Council. He stated he does not want to take issues unnecessarily with the Mayor but because of the Charter and nature of our form of government, we have to act as a collective body. Councilmember Ryan stated he will support this initial resolution for addressing the immediate issues at hand. Councilmember Ryan moved and Mayor Elliott seconded to adopt a Resolution Extending the Period of a Mayor-Declared Local Emergency. Councilmembers Graves and Lawrence-Anderson voted against the same. Motion passed. 10b. ORDINANCE NO. 2021-03 AN EMERGENCY ORDINANCE REQUIRING THE USE OF FACE COVERINGS IN PUBLIC BUILDINGS WITHIN THE CITY City Attorney Gilchrist explained that Mayor Elliott had asked him to prepare an emergency ordinance regarding face coverings in public buildings. He noted this authority comes from Section 3.06 of the City's Charter and authorizes the City Council to enact an emergency ordinance to provide for the immediate preservation of public health,safety,and welfare. If adopted,it would go into effect immediately or at a specified time. Normally, adopting an ordinance requires two readings and does not go into effect for 30 days. However, the Charter provides for the City Council to act more swiftly, when needed, to address a health, safety, welfare issue. City Attorney Gilchrist advised there is a limited time it would be in effect for 61 days but it can be renewed at the end of that period. The other qualifier to enact an emergency ordinance is that it has to be adopted by a unanimous vote of the City Council Members present at the meeting. In this case, it would have to be a unanimous vote of the entire City Council. Based on the Charter language, the ordinance requires a preamble that explains the nature of the emergency so it refers to the rise of the Delta variant and recent CDC and Minnesota Department of Health recommendations regarding the wearing of masks including those who are fully vaccinated. City Attorney Gilchrist reviewed the ordinance language, legislative findings providing more detail, and mask requirements based on the transmission rate. He also presented the findings and definitions, noting the scope of the ordinance relates to public buildings, focuses on buildings owned by the City, and talks about school buildings that meet the definition of kindergarten, elementary school, middle school, secondary school under the statute, as well as other owned or operated by a governmental entity that is subject to the provisions of the ordinance. City Attorney Gilchrist stated the idea is that the FBI building is probably not subject to this ordinance but for the most part, any other local government building that exists within Brooklyn Center would be subject to this ordinance. City Attorney Gilchrist referenced Section 2 that requires a face-covering except as exempted by 08/09/21 -22- Section 3, which he read. He stated this language builds off the CDC regulation and makes it a requirement that when in a public building, you are to wear a mask and this also applies to City employees. The exemptions are for children under two years of age, those unable to wear a mask because of medical or disability issues, individuals unable to remove their face coverings without assistance, those deaf or hard of hearing, or if the mouth must be visible to communicate effectively. He reviewed the signage requirements, enforcement language indicating it is not a criminal offense so if someone refuses, it is up to the building owner or designated officer of that entity to ask them to leave or call upon law enforcement assistance to enforce trespass laws. It also makes it clear that the owner of the public building may rely on an individual's statement if the person claims to be exempt. This does not put an affirmative duty on the people in the building to test the validity of an exempt claim. City Attorney Gilchrist reviewed the remainder of the ordinance, noting if adopted tonight, it would be in effect tonight at 11:59 p.m. unless changed by the City Council. He noted if the Governor makes a mandate, then the City would yield to the Statewide requirement. Councilmember Lawrence-Anderson stated the City Council did not see this document before tonight's meeting and she is not able to scroll to read the whole document. Mayor Elliott stated the ordinance was e-mailed to Council Members. City Clerk Barb Suciu confirmed it was e-mailed at 8:18 p.m. Councilmember Lawrence-Anderson stated she does not check e-mails during the Council meeting. City Attorney Gilchrist stated if the City Council is inclined to move forward with this, he would encourage them to consider the definition of public building and whether it is broad enough or too broad because that is an important piece. He advised the face-covering requirement is fairly straightforward though making clear that it applies to City employees, on which Dr. Edwards has a point to make. He asked whether the exemptions are too broad or not broad enough and about the effective dates. He stated those are the primary things to consider if the City Council is inclined to move forward. Ms. Suciu reported there was a chat that if there is a decision on the health of residents, this resolution should have input. Mayor Elliott stated folks are also reaching out to him and wanting to comment but he will leave that up to the City Council. Dr. Edwards stated he concurs with the City Attorney relating to the definition of public facilities and public buildings. He stated if this applies to schools, we want to have communication with the schools as he does not know what those implications would be. He stated for the City government and requiring masks in City buildings for anyone entering as well as staff, they are preparing to move forward to do that but he will yield to the City Council's decision. He stated they would not require City staff to wear masks in their office, if alone, as there is no need, as well as if they are social distancing. If they are having a meeting with another staff member and socially distancing, then a mask will not be imposed. Dr. Edwards stated there are some exceptions they want for practical application in the work office. 08/09/21 -23- Dr. Edwards stated as they deliberated with members about Brooklyn Center, the transmissions are high and rising with numbers at the low point of COVID. He stated he did not want anyone to think there is the type of case numbers that we had at the peak of COVID because we do not. Dr. Edwards stated the rise is primarily in those who are not vaccinated but, never the less, there is a high degree of transmission and it is moving fairly quickly. Dr. Edward stated they still think that it is important and there is an emergency as it relates to erroring on the side of safety and taking those precautionary procedures, which is why they were moving to implement policy as it relates to City buildings and patrons entering as well as staff. Mayor Elliott noted that Brooklyn Center has consistently been in the top five of COVID-19 cities that have the highest infection rates throughout the pandemic and at various times, been number one. Again, it is a situation where we probably need to take more precautions for our population than other people because people of color have consistently contracted the virus at higher rates than other communities and the City has a high percentage of people of color. He stated this is the City Council's prerogative and he is interested in hearing their thoughts. If they object, he felt they should allow people from the community to comment on this item, noting as one person has said, if the City Council is determining policy about their health, it should be allowed for them to comment and give perspective. He asked if anyone would be opposed to that. Councilmember Lawrence-Anderson announced the Brookdale Library is having its final free vaccine clinic this Thursday from 4-8 p.m. The number to call is 612 348-8900 if you want to preregister but they also accept walk-ins and Hennepin County indicated there is a $50 Visa gift card to those who receive the vaccine at the Brookdale Library. Mayor Elliott asked Dr. Edward to post this information on the City's website. Councilmember Butler stated one consistent criticism relates to the City's communication and she hears Dr. Edward's concern about letting the school know about the mask mandate if approved by the City Council. She stated she met with school officials a couple of days ago and they are wearing masks and they will be wearing masks for the school year so that should not be an issue for them since they are already doing it. She stated it is as simple as putting signs on the doors and having masks available as you walk into the building for the first week or so. Councilmember Butler stated she wants to make sure the City is having a conversation but she does not think it will be a huge barrier in terms specific to the school. Councilmember Butler stated she has no opposition to allowing community input. Mayor Elliott stated hearing no opposition to allowing community input, he would ask City Clerk Suciu to open the chat option. Ms. Suciu asked those interested to raise their hand. Kevin Sherburn thanked the City Council for the opportunity to speak. He lives just north of 494, two blocks from the Police Station, and appreciates the cooperation of the City Council, and the Zoom feature is one of the best communications the City can have. He stated if the City Council can provide the Zoom feature, even when not under the health emergency, many would be quite relieved because of the information they can receive here. He stated hats off to Mayor Elliott and 08/09/21 -24- Councilmember Ryan and others because this is what America is all about, cooperation and discussion before you move forward irrationally and spontaneously. Alfreda Daniels stated she appreciates the decision of the City Council. She is a very active resident in Brooklyn Center who recently had a baby and has not yet received the vaccine since she was pregnant when it came out and could not take it at the time. Now her husband is deployed and she does not know how she will react to the vaccine so she was advised not to take it just yet until there is someone available to care for her baby in case she reacts negatively to the vaccine. Ms. Daniels stated she and her baby have stayed indoors for the last three months. She was excited to have her start daycare but recently was told by her daycare provider, because of how the virus is spreading in Hennepin County, she has the choice to stay home but if they have to go,there have to be precautions because the new turn of the virus can impact and affect children. She understands that members of the City Council have experience in different fields but it is important to listen to the residents and people they represent. She stated the City Council does not have to wait until people die to come up with an emergency mandate. She urged the City Council to take the position to make this Citywide, to serve the residents they took an oath to protect because a lot of people who are not vaccinated are not wearing masks and she does not want to be a victim or her child who was born prematurely to be a victim to this new virus. Ms. Daniels stated she sees no downside in taking this position and maybe in two weeks or two months, the City Council can say we no longer need it. She again asked the City Council, on behalf of our elders,the unvaccinated,and the vaccinated who have caught the virus and are dying, such as in Massachusetts to be proactive, noting other cities can learn from Brooklyn Center. Lori Beland thanked City Attorney Gilchrist for finding the research,noting it shows for itself that this is a good decision to move forward and protect our City, our residents, and be proactive in wearing a mask to protect everybody, save lives, and protect our businesses so they don't have to shut down again. She stated this very small step will go very far in protecting our City in the future. There being no additional public comments, Mayor Elliott turned the discussion back to the City Council. Councilmember Graves stated she is wondering about the nuance between the specifics of our government buildings and staff as Dr. Edwards spoke about. She was not particularly concerned about trying to pass an ordinance over the schools because she was aware of the mitigation efforts they were already putting in place to start school. She asked about the specific language relating to indoor public buildings that are not City-owned. City Attorney Gilchrist reverenced the ordinance language relating to public buildings, noting it includes all of those listed, any building owned by the City that's essentially a defined public school, or zone operated by a governmental entity. He noted the language is fairly broad and includes all City buildings, school buildings, and any other governmental entity's buildings within the City. 08/09/21 -25- Councilmember Graves asked if the City Council has unilateral control over the Hennepin County Service Center. City Attorney Gilchrist stated that is why the language is a little broad and frankly, he did not have time to research the potential scope but would argue that federal buildings are not subject to a local ordinance like this but County buildings are. Councilmember Graves asked if we know what Hennepin County may be considering or passing specific to mask mandates in their buildings. City Attorney Gilchrist stated he has not checked that and does not know. Councilmember Graves stated the two mask mandates that were passed in Minneapolis and St. Paul were specific to city-owned buildings and strongly urging the city's businesses or something to that effect. She did not see anything that included ordering over the schools or all government buildings. Councilmember Graves stated she does not necessarily know if it would be an issue though somebody may question the City's actions and ask if the City does not think they can pass their policies. She is not opposed to a mask mandate, which she said during the discussion of the last agenda item and resolution, and will support a mask mandate for City-owned properties. Councilmember Graves stated she appreciates everyone's comments and her mind was not changed on this issue. But maybe people misunderstood her. She just did not want to extend the Mayor's emergency declaration beyond three days but that does not mean she is not in favor of a mask mandate. Councilmember Lawrence-Anderson asked for clarification, noting this mandate is only within City-owned buildings as indicated in Article 3. It will not include a grocery store or other retail outlets at this time. Mayor Elliott stated at this time it is government buildings and does not include retail stores or businesses. Councilmember Lawrence-Anderson stated she has several immune suppressed people in her life so she has been masking diligently even though the mask mandate was lifted. Mayor Elliott moved and Councilmember Butler seconded to adopt Emergency ORDINANCE NO. 2021-03 Emergency Ordinance Requiring the use of Face Coverings in Public Buildings within the City. Councilmember Graves asked the City Attorney if he sees any issue arising with the broad strokes of the definition of a public building. City Attorney Gilchrist stated legally speaking he thinks it is fine but politically speaking, he does not know if the schools will push back on this. He stated the vagueness of Section 3 was to recognize that this will not apply to every building. Mayor Elliott asked if this ordinance can be amended. City Attorney Gilchrist answered in the affirmative, noting due to the emergency nature, the City Council can consider an amendment without going through the normal timing of two readings and 30 days. Councilmember Ryan stated without clarification, he is not comfortable voting on this. He asked what exactly is the City Council voting on. City Attorney Gilchrist advised the motion on the floor is to adopt this emergency ordinance to put in place a requirement that masks be worn in the 08/09/21 -26- defined public buildings for the scope of the ordinance, which would be in effect for no longer than 61 days. Councilmember Ryan stated if the City Council votes on this, they will have no more sweep or application in terms of City ordinance or rule than what the City Attorney just described. City Attorney Gilchrist explained it is an ordinance of the City that is enforceable but as he explained during his presentation of the enforcement provision, it is drafted to not create criminal liability for anyone for failure to comply. It puts in place a requirement but does not criminalize failure to comply so it encourages owners of public buildings and the City and schools to comply with the mask mandate for not only their employees but also members of the public that go into their buildings to mask as well. Councilmember Ryan stated the issue of criminalization was the focus of his concern. He thanked City Attorney Gilchrist for the explanation and indicated he has no further concerns. Motion passed unanimously. Ms. Daniels asked, with the numbers increasing, what will it take to have a Citywide mask mandate at this point. She stated even with the precaution in City-owned businesses when people get out,they no longer wear their masks and that could still put residents and children at risk. She asked if the parks are also included in the mask mandate. City Attorney Gilchrist advised the mask mandate would not apply to the outdoor portions of the park and only relates to being indoors in a public building,noting this reflects the recommendation of the CDC. Ms. Daniels asked if the parks will be sanitized as occurred during COVID. Dr. Edwards stated staff did not address or propose anything related to outdoor facilities at this point. Mayor Elliott stated about having a Citywide mask mandate, which is something the City Council can discuss at a future meeting. 11. COUNCIL REPORT None. 12. ADJOURNMENT Mayor Elliott moved and Councilmember Lawrence-Anderson seconded adjournment of the City Council meeting at 9:47 p.m. Motion passed unanimously. 08/09/21 -27- 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 a Regular Session of the City Council of the City of Brooklyn Center held on August 9, 2021. 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 August 23, 2021, Regular Session. 611 Barbara Suciu, City Clerk Mike Elliott, Mayor 08/09/21 -28-