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HomeMy WebLinkAbout2021 08-23 CCM Regular Session MINUTES OF "I'HE PROCEEDINUS OI�� '1'I IE CITY COUNCIL I OF THI: CI"I,Y OF BROOKLYN CENTER IN THE COUNTY � OF IIENNEPIN AND THE STATE OF MINNESOTA ' REGULAR SESSION '� AUGUST 23, 2021 VIA 700M 1. INFORMAL OYEN FORUM WITH CITY COUNCIL CALL TO ORDER INFORMAI., OPF,N FORUM The �rooklyn Center City Council met in Infornlal Open Forum called to order by Mayor Mike ' Elliott at 7:19 p.m. ! ROLL CALI, II 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. !, Mayor Mike Elliott opened the meeting for Informal Open Forum. � Lori Bardal addressed the City Council and staff and stated she is following up on the topic of mcmorials, which she brought to their attention on August 9, 2021. She had requested a memorial for Kobe Dimock-Heisler at Kylon Park, updates to the existing Daunte Wright inemorial but received no response. She reviewed why it is imporiant to move forward with these memorials and the violence prevention resolution as it acknowledges we need to make these changes and be I sure to honor the lives of these two very special young men. She noted August 31 will mark the second anniversary since Kobe Dimock-Heisler was killed, nearly five months since Daunte Wright was killed, and threc months since the resolution was passed. She asked to take a moment to reflect on the uprising last April when people were saddened, angry at the system, and demanded answers from the City. She noted the City Council and staff put in extra hours during that time and were under stress because residents were deinanding answers. Lori Bardal stated the multistrand fence surrounding the Police Department remains intact as the trial of Kim Potter nears, which begs the question of what we can do so it never happens again. She stated the resolution was a start and we need to implement it. We knew there would be costs involved and the Mayor has done due diligence by researching and getting input fram local experts and leaders. She stated her support for a push forward and appoint a Project Manager and Policy Aide as both will support the needs of the Mayor, community, and City Council Members, noting their time is valued and these positions are needed to make the resolution sustainable. Lori Bardal stated about the topic of cost, she would urge the City Council to think about what they can't afford, such as another uprising and businesses shutting down, an $800,000 settlement, or one more life lost. She believed that stalling this process could result in more blood on the City 08/23/21 -1- Council's hands. She stated if Council Members do not understand the urgency, we will come to you during the next crisis. Myrna Kauth, former Brooklyn Center Mayor, stated Mayor Llliott was a member of the City's Charter Committee. Mayor Elliott confinned he was a member of that Committee but does not re�nember for how lon�. Ms. Kauth asked Mayor I;lliott whether he studied the Charter while scrving on the Commission. Mayor F,lliott answered ycs and asked Ms. Kauth to continue with her question. Ms. Kauth stated in the hiring for the City, the only thing the City Council is supposed to do is hire the City Manager. All other employees should be hired by the City Manager and that is stated in the City's Charter. Amity Dimock, mother of Kobe Dimock-Heisler, one of the children the reformation was named alter•, stated the reform passed by the City Council, who residents voted in, was a measure taken, timelines were put in place, and now there seems to be weird bureaucracy and red tape with people trying slow the process down. She stated this is not an ordinary process, it is a reform to assure other lives are not lost in cases where they clearly should not have been lost. Ms. Dimock stated the longer we sit and peoplc come up with excuses to not move forward with the timelines we have agreed upon is very heartbreaking. She found it hard to listen to meeting after meeting and still be at a point where nothing is going forward. Ms. Dimock stated we did not want this reform to appease us, we wanted it to make a significant change that helps everybody. She felt this was a life and death discussion and we need to move forward. She begged the City Council to do their jobs, make it happen, and not make excuses. Katie Wright stated in May when the City Council voted on the resolution, it was one of the happiest moments she had since her son was murdered because it was a little bit of�justice for them, which was amazing. But now listening to the last few Sessions, and it is held up by minor things, lives are on the line. She referenced comments by Ms. Dimock and Lori B. that to wait any longer and continue the discussion, even just a week, means a lot of community members still not being safe. She stated our police ofticers are still the same, nothing has changed, it is business as usual, and that is frustrating and heartbreaking to a parent that has to go to their son's memorial in the same City in which he was murdered and noting has changed. Ms. Wright stated she has other children who are driving on the streets of Brooklyn Center because they live, work, shop, and visit friends there, but nothing has changed. She stated it went from May being a great day for them when the resolution was voted on and passed,but not implementing as quickly as possible is like a punch in their face, like it was passed to appease them but implementing is not happening. Ms. Wright stated if this is not implemented as soon as possible, she hopes it is not one of your children that ends up having a memorial on a City block. Brian Fullman, an organizer with the Barbershop & Black Congregation Cooperation (BBCC) of Isaiah, referenced what the City Council is hearing tonight, and stated he is an organizer because he saw the lack of prioritizing of the community in what they need. He wants to be sure the leadership of Brooklyn Center is not doing that, noting there will always be an obstacle or samething not perfect or aligned when you are dealing with something as transfornlational as this. I-Ie felt the issue is that a lot of people are in pain who were able to experience a raindrop of justice but still have not seen if it is radical or practical, real or in the cloud. 08/23/21 -2- Mr. Fullman stated this resolution needs to be rolled out and he is having a tough time understanding why a position that needs to be filled is then further discussed, how you operate with that position, and how it aligns with what you are doing. He asked why it has to be held up if it is a position that needs to be filled and he thinks the money is there. He thinks desperate times call for desperate measures. I�e noted kids are being killed, there are no relationships with public safety now and at a minimum, residents, and constituents of Brooklyn Center deserve to know concrete steps are being put forth. Mr. Fuliman stated he is the lead of BBCC and other powerful,amazing, and brilliant organizations are partnering with Mayor Llliott to make sure the resolution is implemented but sometimes your willingness and passion do not equate to your capacity. So as a lead organizer with a staff of three, and he is in the middle of a fight for his life in Minneapolis because they want to deliver what Brooklyn Center has amazingly done. He noted when you talk about the tours the Mayor is on with civic engagement, that is the job of the FUS�; 2 option. He asked how long can we do that when there are other areas the Mayor needs to organize and build infrastructure for. He is concerned if we do not put somebody in place for that position and indoctrinate them around this process, we will have a Coordinator who is always behind and not able to do the job. He felt this was a different magnitude and level and there is a lot at stake. He noted he respects the questions of the City Council and is asking that they expedite the process and share the urgency of residents to deliver this implementation and roll this out on time. Mr. Fullman stated the last thing you want are constituents who are hopeless and cynical about the government of Brooklyn Center. Councilmember Ryan stated he appreciates the comments of Mr. Fullman, noting Informal Open I�orum is not to be used for problem-solving or reacting to the comments made but rather hearing the presenter for informational purposes only. Respecting that, he would appreciate hearing from this gentleman personally and speaking to him because he hit on several excellent points. Councilmember Ryan noted this is not the time, but he would like the opportunity to dialogue with Mr. Fullman and encouraged him to contact him so he can address some of Mr. Fullman's concerns as what gets lost is the difficulty with implementation. Councilmember Ryan stated we are all trying to get to a better place and concerns are how to have a better implementation, noting he did vote in support of the resolution on May 15, 2021. Mayor Elliott stated he hopes Councilmember Ryan will extend him the same offer, to meet with him. Councilmember Ryan stated that can be discussed at another time. Mayor Elliott stated he is happy to meet with Councilmember Ryan at any time and thinks it would do a lot of good. Arvid Sorensen stated he has looked at the proposals and wonders why are they again bypassing the City Manager for hiring and reporting to the City Manager. Mayor Elliott stated the hiring and reporting process f-or these two positions is something they will go over and the City Attorney will walk through how that will work in alignment with the City Charter. Ms. Bardal stated it is imporiant to point out that the two positions through I�USC are also funded through FUSE at no cost to Brooklyn Center and we need to push forward on that quickly so we don't lose that FUS1? funding as it will be a huge part of the Implementation Committee and 08/23/21 -3- moving forward quickly with expert opinions, research, and provide backgrowld we would not l�ave otherwise. Councilmember Graves asked Mayor Elliott to clarify ior Ms. Bardal that is not correct. Mayor I?lliott stated Ms. Bardal was speaking only about the FUSE data position and the community engagement position that is fully funded by FUSE. He stated there are another two positions before the City Council this evening that is not funded by FUSE. Councilmember Graves noted technically, the City Council is talking about four positions, two would be funded by FUSE, and two are on the Regular Session agenda and will be discussed under Council consideration items. Those two positions would be funded by the City. Mayor Elliott stated that is correct. Ms. Bardal stated she understands that and wants others to know that of the four positions,two are being funded by FUSI� and we want to take advantage of that and push forward quickly to get everything moving. "I'hc Project Coordinator would be funded by Brooklyn Center and is also a key part to oversee the implementation process. `I'he Policy Aide would be able to assist with City Council in addition to the Mayor. She thinks if there is better communication to the community in how this is working, people can understand why it is so important. Ebonie McMillan stated she had made comments during the Study Session. Mayor Elliott asked Ms. McMillian to summarize her key comments and he will ask the City Clerk to transfer her earlier comments to Informal Open Farum. Ms. McMillian stated she is a tcnant in Sterling Square Apartments and speaking on bchalf of other tenants as well who have been dealing with Monarch, an incompetent property management company, who has not renewed any leases, not given valid reasons why given out lease violations and late fees due to the CARES Act being removed, and applied the payment to the wrong ledgers. She explained tenants have not been properly informed about the removal of the grant or fees until last month and the management company is not willing to remove any violations or correct errors unless you are willing to settle for a certain amount of money. She stated the costs are $2,200 to $3,000 since February bccause the CARES act was removed. She spent over $2,000 to settle, and her credit score dropped 50 points due to this. Ms. McMillian explained that many tenants were trying to use the money from Brooklyn Center to relocate or replace damaged property and build credit to purchase a home but now that is not possible. Ms. McMillian stated many are not clear about the next steps in renting or if they will be pushed out and end up homeless. She would like the City to enforce the current laws on landlords or make better laws to protect renters in Brooklyn Center. Mayor Elliott stated Dr. Edwards will follow up with Ms. McMillian on these important concerns, noting housing is of utmost importance and especially during this pandemic. Dr. Edwards explained one of the challenges is that when people communicate virtually at a meeting,they do not fill out a card with their name and contact information. Whcn communicating at virtual meetings, staff has no access to that information or the ability to reach out to them. He stated to communicate with the speaker, he will need that information. 08/23/21 -4- Mayor Elliott asked City Clerk Barb Suciu if�people can message her directly and not have it ��I viewed by others. City Clerk Barb Suciu replied anything in the chat goes directly to hcr. Mayor ! Elliott asked Ms. McMillian to message her contact information in the chat. Ms. McMillian stated she would do that. Lofte Ulum, Georgetown Park, stated she is an organizer and they had a meeting two months ago �, to raise the same issues but nothing has been done about it. She reviewed the items that had been ' discussed at that meeting and reported that 3-5 cars are still being towed daily, even with a parking �, permit. She stated they also asked for a security camera because in the morning many car tires are I deflated so they can't go to work so they can pay their bills. Instead of putting up security cameras, I the residents were told to use the garages but the garages don't have locks. She appealed to the I City to talk to their management to install security cameras. ', Ms. Ulum stated there are a lot of apartment complexes where they are not renewing leases and ! residents are put on a month-to-month lease. She thinks that tenant protection should require �'� automatic lease renewal because of COVID. She stated if a tenant does something crazy, then � that's why they don't renew a lease but otherwise, leases should be renewed automatically. She I stated they have children, their credit is very bad, and now they won't renew their lease. Ms. Ulum recounted what had happened to a tenant who lost her f-ather and the people who came to sit with them had their cars towed for no reason. She stated when they call management, they don't do anything about it. She asked the City to help them by reaching out to the landlords. Mayor Elliott stated it is sad to hear that is happening and explained that the City had stopped towing during the winter because the costs for residents pile up and they lose their vehicles. He asked Dr. l;dwards if this has come up before and has the City reached out to management. Dr. Edwards stated staff has had communications with tenants and management but there are some things where staff is limited in what they can do as far as the landlords, which has been discussed with the City Council. He will follow up on this issue and with Georgetown. Dr. Edwards invited Ms. Beekman to speak about what the City has done concerning Georgetown Apartments. Community Development Director Meg Beekman stated she has done a few weekly updates to the City Council on this topic and she can prepare another summary report. She stated staff has met with Georgetown residents on several occasions as have some Council Members. The staff is well aware of all of these issues and worked with the City Attorney and management company to address some of them. The parking lot, for example, has been redone and a lot of the traffic and circulation issues raised previously have been addressed but there are some issues the City does not have the authority to oversee or require the management company to address, such as adding security cameras and changing how they administcr their parking policy. Ms. Beekman stated these issues are being explored as staff drafts a Tenant Protection Ordinance and staff have also met with Georgetown residents to review this ordinance and get their input. She stated staff will continue to hold listening sessions with tenants about this but the ordinance intends to address issues the current Code does not address. She noted there are also issues the State Statutes do not allow the City to do regardless of what is in the Code. 08/23/21 -5- Mayor Flliott asked what is the significance of moving tenants to month-to-month leases as it pertains to the eviction moratorium. Ms. Beekman explained that generally speaking, a lease is a contract between two private parties and the lease duration is not something the City i•egulates, with a few exceptions. "I�he current Tenant Protection Ordinance addresses point of sale to provide some provisions for notification requirements but there is no blanket ordinance to protect tenants across the board in that regard. She stated a landlord has the authority to alter lease provisions when it is being renewed. Ms. Beekman stated she can surmise as to why a landlord would do that(more to month-to-month leases) but it would not be productive to the discussion tonight. She explained it does not alter the eviction moratorium requirements the Governor put into place and if an eviction is going to proceed, those processes would have to be followed. But it does make non-renewals easier to do and that can bc used as retaliation on tenants who complain or have issues. Ms. I3eekman stated while it is a problem, it is not one currently the City has the authoriry to do anything about. Mayor Elliott stated he is sincerely troubled about what is being described. He asked Dr. Edwards to follow up with this speaker and asked her to provide contact information directly to the City Clerk through the chat feature. Mayor Elliott found this to be an emergency and he is hoping they can meet in the early part of this week. Dr. Edwards stated he will connect with the speaker, schedule time to hear more, and if there is something the City can do, they will do that and follow up. Mayor Elliott asked Dr. Edwards to review his calendar so he can coordinate the meeting. Kristie Campbell, a resident, stated she has been having problems with them towing cars even when she has the parking sticker. Her car was towed on Friday but she has a handicap parking sticker to use the handicap spot. On Friday morning, at 11 o'clock, when she went to her doctor's appointment, her parking sticker was laying on the dashboard but someone towed her car because the sticker was not hanging off the mirror. Since Friday, she has been trying to get her car back but every time she calls, he yells or hangs up on her. She stated other problems at Georgetown are broken windshields and slashed tires but management, when called, are rude and say there is nothing they can do about it and you should call the police. I�ut, if you call the police, they say the apartment complex is responsible to handle it. Ms. Campbell explained they are not comfortable with saying anything because when they do, the management company tells you if you don't want to be there you can move out. She has heard that twice from the rental ofiice so, at Georgetown Homes, they live in fear. She stated she is a single mom so when her car is towed, she cannot go to work or do anything without paying for a ride. Mayor Elliott stated they can count on him to reach out to them tomorrow and see what solutions they can come up with because it is heartbreaking to hear what is being described. Mayor Elliott asked Ms. Campbell to provide her contact information in the chat feature so it only goes to the City Clerk and the information is protected. 08/23/21 -6- Mayor }�:lliott iloted that In��ormal Open Farw1� has gone ovct• in time signiiicantly but it is important to hear from the community. No one else wished to address the City Council. Mayor Elliott moved and Councilmember Ryan seconded to close the Inforn�al Open I�orum at 8:07 p.m. Motion passed unanimously. 2. INVOCATION Mayor Elliott stated he would forego the Invocation, in the interest ot�time. � 3. CA1�L TO ORDER REGULAR BUSINF:SS MEETING The Brooklyn Center City Council met in Regular Session called to order by Mayor Mike I?lliott ��I at 8:07 p.m. �, Councilmember Lawrence-Anderson noted, as discussed at the earlier Work Session, it has not yet been determined if we are continuing with Agenda Items lOc, Resolution Approving ' Memorandum of Understanding and to Appoint a Project Manager for Community Safety & Violence prevention Implementation Committee, and l Od, Resolution Establishing the Position of Policy Aide to Provide High-Level Administrative Support to the Mayor. I Mayor Elliott stated that can be discussed under Item 6, Approval of Agenda and Consent Agenda. I 4. ROLL CALL �I Mayor Mike Elliott and Councilmembers Marquita Butler, April Graves, Kris Lawrence- '�� Anderson, and Dan Ryan. Also present were City Manager Reggie Edwards, Interim Finance i Director Andy Splinter, City F,ngineer Mike Albers, City Clerk Barb Suciu, and City Attorney �', Troy Gilchrist. I 5. PLEllGF, OF ALLF,GIANCE ' The Pledge of Allegiance was recited. �' 6. APPROVAL OF AGF.NDA AND CONSFNT AGENDA �I Councilmeinber Lawrence-Anderson noted, as discussed at the earlier Work Session, it has not yet I� been determined if we are continuing with Agenda Items lOc, Resolution Approving , Memorandum of Understanding and to Appoint a Project Manager for Community Safety & I Violence prevention Implementation Committee, and l Od, Resolution Establishing the Position of I Policy Aide to Provide High-Level Administrative Support to the Mayor. ��� 08/23/21 -7- I Mayor 1?lliott stated he will make a motion and following a second, the agenda items can be discussed. Mayor Elliott moved and Councilmember Butler seconded to approvc the Agenda and Consent Agenda, as amended to correct the Agenda title of Item ]0. Council Consideration Items, Item c., to indicate: `Resolution Appi•oving Memoranduin of Understanding and to Appoint a Project Manager for Community Safety 8c Violence Prevention Implementation Committee. Councilmember Lawrence-Anderson stated there are too many c�uestions that have not been resolved to her satisfaction and as with any positions, they are always vetted through the budget process so she does not think the City Council should be voting to approve two positions without, at a minimum, one more Work Session. She stated the Mayor's presentation tonight was nice and she appreciates it, but it should have been given during the budget meeting with the Administration Department on July 19, 2021. "I'hat would have given the City Council a month to review it before tonight's vote. She believes ltems l Oc and l Od should be removed irom tonight's agenda and if not, she will not vote in favor of either of those agenda items this evening. Councilmember Ryan stated he is torn about this because he would like the City Council to proceed with this agenda, if for no other reason than to hcar the presentations and what Mayor Clliott has offered and take into consideration his efforts in this very important undertaking. I��owever, we have had months during which the City Council could have been more fully informed about how this implementation of the Violence Prevention and Police Reform Resolution could have been implemented. Councilmember Ryan noted all know the `why,' to get to a better place but of equal importance, he believes, is how we do it. Councilmember Ryan stated hc can appreciate the concerns expresscd by those who question why we are evcn bringing up objections to how we implement this because they may not appreciate how important it is that the City's leaders implement it properly. I�e stated he will approve of the agenda for tonight but still has those reservations. Councilmember Ryan stated the City Council should not be in a place where any member shares those rescrvations because we should have been informed about how this was proceeding and should not put the `cart before the horses' where we are imposing a deadline on the City Council where members are not fully informed. He stated he hopes Mayor F,lliott can appreciate that but he also, at the same time, does not intend that as a personal criticism or attack because this is a very difficult and fraught complex undertaking. Councilmember Ryan stated he also has had real reservations about the resolution passed because it was something taken off the shelf that was designed and fitted for a jurisdiction larger than Brooklyn Center. He hopes, in terms of implementation, it can be more subtle and nuanced, fitted more appropriately for a city of our size that is so diverse and financially challenged. Councilmember Ryan stated he hopes Mayor Elliott appreciates his comments and with that, he will hope we can proceed with a vote on the agenda and our business for this evening. After the above discussion, the following consent items were approved: 6a. APPROVAL OF MINUTES 08/23/21 -8- 1. August 2, 2021 —Joint City Council and Financial Commission 2. August 9, 2021 - Study Session 3. August 9, 2021 — Regular Session 4. August 9, 2021 — Work Session 6b. LICENSES MECHANICAL Anderson's Residential Heating & A/C 1628 CO RD 10 #34 Spring Lake Park MN 55432 Metro Heating and Cooling 1220 Cope Ave F, Maplewood MN 55109 Modern Heating & A/C 2318 First St NE Minneapolis MN 55418 RF.NTAL INITIAL (TYPE IU six-month license) 1001 65�" Avenue N. Messiah Moore/Bright Path I Iomes INITIAL (TYPE II—two year license) 2618 64�h Avenue N. HPA US1 I�LGJoseph Florczak 1519 Humboldt Place Calvin Johnson/Johnson Organ., Inc. 6224 Kyle Avenue N. Achraf Derbak RF.NF_WAL (TYPE IV—six-monlh license) 6336 Beard Avenue N. Chen Ihou/Cosco Propertics Rh'NEWAL (TYPF, III—one year license) 7044 Drew Avenue N. Jennifer Lenhart & Jan Mohrfeld 2913 Nash Road Chen Zhou/Godiva Prop. met req. RENEWAL (TYPE II—two-year license) 201 65th Avenue N. Riverwood LLC Riverwood Estates 4214Lakeside Avenue N. James & Gloria Shoultz 5742 Fremont Bruce Alan Goldberg 4019 Joyce Lane IH3 Property IL RFNEWAL (7'YPE 1—three year license) 5601 Lyndale Avenue N. Brett Hildreth/Dragon Prop. Mgm. 1500 72°d Avenue N. Mai Le—met requirements 6005 Admiral Ylace Dan Soffia 6613 Camden Drive Mark Herstrom/Mark One Rcsources 5121 France Avenue N. IH3 Property IL 4013 Joyce Lane Frederick Heim 4207 Lakeside Ave. #226 Beach Condominium Assoc. 5315 Logan Avenue N. Kirsten & Joel Carson 08/23/21 -9- 6907 Palmer Lake I�rive FYR SFIZ Borrow LLC 6500 Willow Lane Brett Hildreth/Dragon Prop. Mgm. TOBACCO Ali Sudani / AM I3rothers LLC dba Cloud 9 Sinoke Shop 615 66th Ave Ste 5 Brooklyn Center MN 55430 6c. EXTENSION OF AUllIT SERVICF, PROFESSIONAL CONTRACT 6d. RESOLUTION NO. 2021-96 APPROVING CHANGE ORDERS 1 AND 2 AND ACCI;PTING WORK PERFORMED AND AUTHORIZIN(� FINAL PAYMF.NT, IMPROVF.MENT PROJC;CT NO 2020-08, LIFT STATION 6 REHAI3ILITATION 6e. RESOLUTION NO. 2021-97 CALLING FOR A PUBLIC HEARING ON PROYOSFD SPECIAI� ASSESSMENTS FOR llELINQUENT PUBLIC UTILITY ACCOUNTS Motion passed unanimously. RECESS AND RECONVENE Mayor I?lliott called for a short recess of the meeting at 8:19 p.m. The meeting was reconvened at 8:26 p.m. with all in attendance. 7. PRESENTATIONS/PROCLAMATIONS/RF,COGNITIONS/llONATIONS 7a. RESOLUTION NO. 2021-98 RF,COGNIZING THE CITY CLERK FOR THE WORK DURING COVID-19 Mayor Elliott read in full a Resolution recognizing City Clerk Barb Suciu for her work with elections during the COVID-19 pandemic. Councilmember Ryan moved and Councilmember Lawrence-Anderson seconded to adopt RESOLUTION NO. 2021-98 Expressing Recognition and Appreciation to Barb Suciu, City Clerk, for Conducting the 2020 Elections during the COVID-19 Pandemic. Councilmember Lawrence-Anderson stated, from a personal note, she does very much appreciate how well the election in-person process went at City Hall. She was with an immune-suppressed individual and pleased to be able to walk into our facility and see how well everything was sanitized, masks worn, so indeed, Barb Suciu provided excellent leadership in coordinating the 2020 elections. She thanked Ms. Suciu. Councilmember Ryan stated he would echo the sentiments of Councilmember Lawrence- Anderson and liked to call out City Clerk Suciu for an outstanding job in managing what was a difticult and challenging election given all the factors in play. He stated because of the efforts of 08/23/21 -10- City Clerk Suciu, the public can have high confidence in the results of that election. With that, he i stated he is pleased to be in favor of this resolution. 'i Councilmember Butler stated she too wants to thank City Clerk Suciu for all of her wark daily, �' noting she has a lot on her platc and is always very gracious and kind in responding to many requests from City Council, the public, or other staff inembers. She thanked City Clcrk Suciu for all of her hard work, wl�ich is appreciated and she is glad we can recognize Ms. Suciu tonight. � Councilmember Uraves stated she does not have a lot to add but thinks this is well deserved not only for the election last year but in general, for the excellent job City Clerk Suciu docs daily. She thanked City Clerk Suciu and stated she is grateful for this resolution. Mayor Elliott stated he echoes all of those sentiments as well for Madam Clerk and is grateful for the work she does, noting it intersects with the City Council a lot and he is grateful for her work on the election. He stated as Councilmember Graves alluded to, the work City Clerk Suciu does every day in helping us get our meetings in order and going from in-person to Zoom was not an easy feat but Ms. Suciu did it and the challenges notwithstanding, the adjustments have been made and he is grateful for the help Ms. Suciu has provided in facilitating City Council meetings. Motion passed unanimously. Ms. Suciu stated she wanted to thank everyone for their kind comments and, as we discussed at the Canvassing Board meeting, it was a joint effort by many, many people including the Deputy Clerk who helped a lot. She stated it was a lot of fun, which may be weird, but when you love what you do it comes pretty easy. Ms. Suciu again thanked the City Council. Mayor Elliott stated Ms. Suciu does have a team she works with, obviously, and thanked them as well. 8. PUBLIC HEARINGS 8a. RESOLUTION NO.2021-104 VACATING CERTAIN EASEMENTS WITHIN LOT 1, BLOCK 1, EVANGELICAL CHURCH OF THE MASTER 2ND ADDITION, HENNEPIN COUNTY, MINNESOTA Dr. Edwards introduced the item and invited Mr. Albers to make the staff presentation. City Engineer Mike Albers stated this evening staff is asking the City Council to hold a public hearing on certain easements within Lot 1, Block 1 Evangelical Church of the Master 2nd Addition. He explained staff is recommending the City Council open the public hearing tonight and then immediately motion to continue the public hearing until September 27, 2021. Mr. Albers explained that typically staff brings these easement vacations along with the future plat of the area but, unfortunately, there were technical difficulties at the August Planning Commission meeting, which postponed the review of the plat until September 9, 2021. So, to align this to be on the same agenda as consideration of the final plat for this parcel, staff recommends the public hearing be continued to September 27, 2021. 08/23/21 -11- Councilmember R an re uested a arliamcntar clarification, noting staf�'s rccommendation is to Y �l P Y open the public hearing now even though staff has suggested there be a continuance. Mayor Elliott stated the City Council is being asked to open the public hearing and then continue it. Councilmember Ryan moved and Councilmember Lawrence-Anderson seconded to open the Public I Iearing. Mayor Elliott asked for a legal opinion on the recommended procedure. City Attorney Gilchrist advised the purpose of doing it this way allows the notices provided for the hearing this evening to carry over as well and the City does not have to repeat that step. Motion passed unanimously. Mayor F,lliott moved and Councilmember �utler seconded to continue the Public fIearing to September 27, 2021 Motion passed unanimously. 9. PLANNING COMMISSION ITEMS None. 10. COUNCIL CONSIDERATION ITEMS 10a. RESOLUTION NO. 2021-99 AWARDING THE SALE OF $8,950,000 GENERAL OBLIGATION IMPROVEMF,NT AND UTILITY REVENUE BONDS, SERIES 2021A FIXING THEIR FORM AND SPECIFICATIONS; DIRECTING THEIR EXECUTION AND DELIVERY; AND PROVIllING FOR THEIR PAYMENT Dr. F,dwards introduced the item and invited Mr. Splinter to make tlie staff'presentation. Interim Finance Director Andy Splinter stated tonight we have the presentation oi� the sale of bonds. Bids were received this morning and opened at 10:30 a.m. 'I'he low bidder came in with an interest rate of 1.06%, which is a very good result. He invited Mr. Green to present the results. Doug Green, Bakertilly, stated it is a pleasure to be here this evening. He presented the bid results, noting it is all very good news and nothing needs to be debated here. Mr. Green stated they accepted bids for two projects, the 2021 Urandview Park Area South Improvements and Brooklyn �oulevard Corridor Phase 2. He acknowledged these projects have multiple funding sources, as shown, and not all are financed with bonds. The Grandview Park Area South Improvement Project has about $7.3 million financed with bonds and another $3 million with cash. With the Brooklyn Boulevard Corridor Phase 2 project, only the stormwater portion was financed with bonds and there is County and Federal money in that project as well. 08/23/21 -12- Mr. Green explained bonds are awarded based on the true interest cost, which takes into account the coupon yields and underwriter's discount that is a fee they pay themselves. I�Ie reported Pipei• Sandler of Minneapolis was the winning bidder and an underwriter who is familiar with the City, understands its credit worthiness, and, therefore, submitted a very good bid of�].06%. Mr. Green stated the resolution notes $8,950,000 but they are approving $8,010,000 because, in this low-interest-rate environment, the City received a fairly large premium. This means the underwriters, the bondholders, buy the bonds at greater than 100%. They take that amount, that premium, and reduce the amount needed to borrow. He stated the City went out presale to bond for $8,950,000 and they don't estimate what the premium will be but in this case, it was pretty high. Mr. Green noted costs for issuance and underwriter's discount,which gets to the amount deposited into the project fund, noting it is very similar. He stated they estimate the true interest rate is 1.22% and post-sale, it is 1.08%, which will reduce the annual debt service slightly. Mr. Green provided an overview of the pricing summary f'or this bond,noting the City is borrowing $8,010,000 at the coupon interest rates depicted in the chart on display. He noted if borrowing $8,950,000 at these effective yields, it would end up with a very similar dollar price. Mr. Green ' explained they allow the end writers to bid it this way to meet their own needs and our funding I� needs for the project. Mr. Green then presented information related to debt service and repayment resources, noting $8,010,000 over ten years at these coupons results in approximately $945,000 in annual debt service but that is split up with only 23%paid for witli property taxes, 15%from levy, and the rest with Utility funds. He provided a comparison with the past five bond issues, noting it is right in line, reflects the market, and just a little higher than last year's, which is not uncommon to see. Mr. Green explained that Brooklyn Center's credit rating is AA, which is a very high credit score, the third-highest. He noted the Standard & Poor's credit rating report is available if anyone wants to read it. He stated, importantly, the City retained its AA credit rating though there was a negative outlook due to potential civil litigation and its financial impact. He stated when that gets worked out, he expects that negative outlook to be taken off the report and to go back to a stable outlook. Mr. Green stated it is hard to know how that negative outlook affected the interest rate received because it was so low, but maybe the City would have received additional bids. He stated the fact is, the City still got very low-interest rates. Mr. Green noted the rest of the Standard & Poor's report indicates the City has a very strong financial position and annual budget performance, strong financial management, manageable debt burden, and pension liabilities, and lower economic indicators compared to higher-rated cities. He stated the decertification of Tax Increment Finance (TIF) District #3 will greatly help the City's market value. Mr. Green stated the updated resolution is before the City Council and if approved, over the next few weeks they will have some closing paperwork and the bond proceeds will be wired to the City in about a month. I�e offered to answer questions. 08/23/21 -13- Mayor Elliott asked the Councilmembers if there werc any c�uestions. Councilmember IZyan stated he has been around long enough to have taken in several of Mr. Green's presentations and is always pleased to hear the City has exhibited sound financial management as indicated by Mr. Green's presentation and the fact that when we borrow, we can do so at such a favorable term. I Ie thanked Mr. Green for his presentation, noting this borrowing is for worthy purposes, not operations, but for physical assets. Mayor Elliott movcd and Councilmember Ryan seconded to adopt RESOLU'I'ION NO. 2021-99 Awarding the Sale of$8,010,000 General Obligation Improvement and Utility Revenue Bonds, Series 2021A l�ixing their Form and Specifications; Directing their F,xecLition and Delivery, and Providing for their Payment Motion passed unaniinously. Dr. Edwards thanked Mr. Splinter for all of his work to prepare for the bond sale as well as Mr. Green for his advisement, and Ms. Beekman for her participation. He noted it was fairly dicey going into the conversation with Standard & Poors on the overall economic condition given the circumstances, income, and matters from a financial perspective within the City. So, Standard & Poors did an excellent job and during these challenging times they were able to present the financial picture and portfolio of Brooklyn Center and it allowed us to have a very favorable bond rating and to move forward with the sale of bonds at the lowest interest rate. Mr. Edwards thanked the City Council ior their sound iiscal policy, noting it is not often that we come to see when sound fiscal policy shows up and goes into effect. �3ut, when the City issues bonds, that is the moment they see whether the financial strategies and sound fiscal policies the City Council has put into place will show up. He noted that even during difficult times, the City Council has been able to manage and stick to those sound fiscal policies. lOb. RESOLUTION NO. 2021-100 APPOINTING REPRESENTATIVES AND ALTERNATES TO PARTICIPATE IN THE JOINT AIRPORT ZONII�IG BOAI2D (JAZB) Mayor Elliott introduced the item and stated the Metropolitan Airport Commission reached out recently to request that he make an appointment to this Board that will be established to develop and implement an Airport Safety and Land Use 7,oning Ordinance for the Crystal Airport, which affects Brooklyn Center, New Hope, Robbinsdale, and Minneapolis. "I'his is according to Minnesota Statute 360.061. He explained the two representatives from Brooklyn Center and neighboring cities will begin to meet as a Board in September or October of this year. Mayor Elliott stated we want to make sure we have representation on that board and on the elected side he will appoint himself and Councilmember Butler as alternate and based on the recommendation of staff he will appoint City Planner and loning Administrator Ginny McIntosh to serve as the representative and Associate Planner Olivia Boerschinger to serve as an alternate. Mayor Elliott read in full the resolution under consideration. 08/23/21 -14- Councilmember F3utler moved and Mayor Elliott secondcd to adopt RESOLU"I'ION NO. 2021- 100 Appointing Representatives and Alternates to Participate in the Joint Airport loning Board � (JAZB). Motion passed unailimously. lOc. RESOLUTION NO. 2021-101 APPROVING MEMORANUUM OF UNDERSTANDING TO APPOINT A PROJECT MANAGER FOR COMMUNITY SAFFTY & VIOLENCE PREVENTION IMPLEMENTATION COMMITTEE Mayor Elliott introduced the item and invited Mr. Gilchrist to present the Memorandum of� Understanding (MOU) followed by a presentation of� tlze position description for the Project Coordinator, and accompanying resolution. City Attorney Gilchrist explained this position originated with the Mayor's requcst to consider a Policy Aide position and part of the packet information prescnted several months ago when he raised questions in a memorandum wondering how that squares with the Charter. He noted two ' provisions of the Charter,particularly one that talks about the City Manager essentially hiring and � firing City staff and then another talking about City Council Members not interfering with the administration of staff or direct the hire or fire of individuals. So, keeping that distance between the City Council and City Manager in the operational side of City government. Mr. Gilchrist stated that was a question he raised and since then, had several conversations with the Mayor and City Manager about options to consider, and that discussion evolved over several I, months. One of the points being made is that the City Charter does not contenlplate Legislative �� Aides that work directly with the elected officials and he thinks that is true, noting these Charters were drafted typically in the 1950s and 1960s when there was not a lot of contemplation the cities would grow to the point where a position like that would be necessary. Mr. Gilchrist stated he was still struggling with how you square that with the Charter so with the idea that a Legislative Aid position would be legislative and not operational, it does create this ��� bond between how can you have a City Manager that oversees and manages a position that is directly tied to, working with, and assisting an elected otficiaL That discussion then evolved and it was the City Manager's idea to have a Memorandum of Understanding (MOU) formalizing that distinction between the operational side of'the City government and the legislative side of the City government. Mr. Gilchrist stated they worked on several drafts and came up with an idea that stays consistent � with the Charter yet still recognizes that distinction between operations and legislation. Of course, the City Manager rightfully was concerned so the MOU includes language talking about the separation of those duties and that the Legislative Aid position is not directing operations staff and vice versa. Mr. Gilchrist presented the MOU that would be entered into between the City Council and the City Manager with the idea that the City Manager is agreeing that to the extent the City Council wants to establish Legislative Aid positions, which is a generic term to recognize it is a legislative 08/23/21 -15- position, and assigned to one or more elected off cials. I-�c stated those are the general terms used and in talking about how to make that distinction in how to hire, manage, and fire someone in a Legislative Aide position, it boils down to the City Council establishing the position by resolution. Each one of�these positions would be established by resolution. 'I'here are two resolutions before the City Council tonight but it is up to the City Council to decide whether to establish one of these positions and then if�established, they would be managed under the MOU. Mr. Gilchrist presented the selection language, which stays consistent with the hire/fire authority of the City Manager. This MOU means the City Manager agrees that the elected official this Legislative Aide is assigned to would participate in the interviews. If the elected official indicates Candidate C is the one who would work best to fulfill thc position that the City Council authorized, then the City Manager would agree to hire Candidate C for that position. So technically, it is still the City Manager who makes the hiring decision but through this MOU, it is the person the assigned elected official indicates. "I'his goes back to the notion that ultimately the person being hired is working directly with that elected official as an assistant. So, logically speaking, that official should have input on who best would fulfill that position. And, hiring would still be done under all applicable City policies and laws, etc. Mr. Gilchrist siated with mana�ement, it is different as the position would be directly managed by and overseen by the assigned elected officiaL He clarified that `elected official' is a generic term for any on the City Council, noting the resolution adopted when the position is created would identify the elected official(s) to which they are assigned. He stated as Dr. Edwards had pointed out, it is not unlike the directors in the City handling things where the City Manager is not directly involved with managin� every City employee as it is a delegation to the Directors who ultimately report to the City Manager and he makes decisions based on the I)irector's recommendations. Mr. Gilchrist reviewed the discipline and removal paragraph that goes through the elected official in directing discipline or dismissal of the person to the City Manager who takes action recognizing that while elected ofticials and the City Manager will eonsult with other folks, such as the Director of Human Resources, as needed. Mr. Gilchrist explained the noninterference language that was of particular importance to the City Manager to make it clear the Legislative Aide works directly with the elected official and will comply with the duties of the position and the elected official agrees not to assign duties or direct the Legislative Aide in a way that would conflict with operations or direct City staff or assign a significant amount of work or tasks to City operations staf£ Mr. Gilchrist stated all other requests for assistance from staff would go through the City Manager, which safeguards operations from being diverted into legislative tasks. Mr. Gilchrist stated another point raised by the City Manager relates to the budget, that it would be included as part of the Mayor and Council portion of the City's budget. �Ie stated they hope the dispute resolution never becames an issue but if there is a problem between operational and legislative staff, the language sets out a process and framework to resolve that. Mr. Gilchrist concluded the review of the MOU terms, noting the section indicating this is an important document, it manages that relationship between legislative and operational staff and recommends periodic review to ensure it is being complied with. Mr. Gilchrist stated that is the gist of the MOU. 08/23/21 -16- � �1 i n if ado ted does two thin 7s. It ado ts the MOU he I�� Mr. Gilchrist stated with the first resc ut o , p , � p I just revicwed and creates the Project Coordinator position. He explained the first action to consider � would be to adopt the MOU and the next action item is to then create the Project Coordinator I position. The subsequent creation of additional Legislative Aide positions, as proposed in the '� following resolution, are managed under the MOU. Councilmember Lawrence-Anderson stated for clarification ptuposes, the Project Coordinator I positioil to assist with the implementation of the Safety Act would be temporary and not a full- �, time permanent position. She asked if the position would sunset. I Mayor Elliott stated the City Council could, at any time or when they see the work of the ��' Implementation Committee coming to an end, act to end the position and put on a timeline ending I the position. But, until this position gets on and the Committee is created with the timeline, we I don't know exactly when that will be. Mayor Elliott stated he generally agrees with what Councilmember Lawrence-Anderson is saying. , Councilmember Lawrence-Anderson stated she wanted to understand that at such a time that �, everything is implemented, then the City Council will evaluate this position. Mayor Elliott stated I that is correct. Councilmember Ryan stated he would like to remind other members of the City Council as well as all who are listening to this deliberation that we have had months to lay the groundwork for this ��� implementation. Yet, we are hearing tonight that this is an impending deadline we have to act I upon where the groundwork has not bcen laid. With that statement, he wanted to ask a couple of� �'� questions of the attorney. Councilmember Ryan asked if this �s rather unprecedented for a IIome Rule Charter City that I adheres to the Council-Manager form of government. He asked if we are patterning something I from Ramsey County where some of these practices have been implemented where County board I members hire staff outside of the executive director of�the County. ; Mr. Gilchrist stated this is creative but not unprecedented in the fact that we certainly know the ,I City of Berkeley has this and locally, Minneapolis has aide positions but they are expressly i provided for in their Charter. He noted this came up in Ramsey County discussions and the City '�i Manager can elaborate on that. Having an idea this is a Charter County and they do have this arrangement where they make that distinction between legislative and operational and as he I understands it, the City Manager worked in that system so the MOU was his idea, which is reflective of his experience in working with Ramsey County and how they manage that relationship. Councilmember Ryan stated he has some reservations about how this will be operationalized because one of the things he has concerns with is how to preserve our system of government that has served us so we1L He used this year's budget to illustrate a process where we have used the I same old system and model of government to pass a very unprecedented budget where human needs have been addressed. So,to erode the Council-Manager form of government, though maybe standing up for something obscure, is setting precedent for the future. 08/23/21 -17- Councilmember Ryan stated in the CoLincils he has scrved on over his 15 years it has always been a real concern. He hopes the reservation he has expressed will be understood in that context and he appreciates the candor of the City Attorney in presenting the MOU. Dr. Edwards stated several City Council meetings ago, he spoke on this issuc and wanted to underscore some of the things he said then and will again mention now. He wants to offer clarity so the City Council is clear about the structure and intent and operationalizing of such a position. He stated he considers himself a vanguard of government structures, has worked in various types of governments and understands the rationale and reason for safeguards and the intended results and purpose of suc11 parameters, sucli as that in the Council-Manager form oi�government that allows, for the most part, operation with a sense of efficiency and effectiveness and taking thc sense of politicalness out of the administration of the organization. Dr. Edwards stated he has worked in Charter organizations, including Ramsey County, in which there is a county manager akin to a city manager but yet the legislative body has the assistance. He does not view that the legislative body having assistance jeopardizes the integrity of a Council- Manager structure of government. It is operationalizing that would interfere with the integrity of that structure, which is why the MOU was created. He recognizes that the City Council may have an interest in having some assistance but he wants to assure that does not infringe upon the authority and responsibilities of the City Manager to govern the operational body of the organization. Dr. l;dwards stated f-or clarity purposes, a legislative position would merely serve as an extension of one of you as the legislative body and the responsibilities and purpose of that work would be legislative, or in other words, political. In approving such a position, the City Council would be doing so with the undcrstanding they are using taxpayer dollars and supporting the creation of a political position that will work from a political perspective at the political will of the elected officials. He explained that is important to know because the work of such a position could derive from anyone of the political desires or bents on a particular issue. He noted the MOU tries to distinguish and separate that authority to assure that is the case and the position does not infringc upon the operational side of the organiration. Dr. Fdwards stated as it relates to managing and hiring, for any individual hired by the City, laws still apply so should the person believe they are being managed in a way that is bullying or abuse or any other type of issue that may arise, that employee has the right to challenge. This position would operate under the laws and policies as articulated by the City Attorney. It does not allow the elected official frce reigns to manage someone in any kind of manner as we still adhere to the laws and policies we have established as a City. Dr. Edwards stated the primary thing he wanted the City Council to understand is that he does not think having a position jeopardizes the integrity of a Council-Manager form of government. Ii�it infringed upon the operationalizing of the position by establishing the MOU, we hope that it does not and that will be the measure used should the time come. Should staff indicate to him on c� observes what he thinks is an infringement, he will bring that to the City Council for dissolution of the MOU and not be in agreement if the position or elected body was to do that which was contrary to the Charter and infringe on the management of the operations of the organization. � 08/23/21 -18- 'I n t the Cit Council � Dr. l,dwards stated from his perspective, there is a d�ifercnt issue whether or o y I hires a Project Manager or a Legislative Aide because this would apply to any position that is hired ' simply to serve the City Council or Mayor. He stated it is important to separate whether you are in favor of the MOU and if so, then would you approvc the position as proposed. �� Dr. Edwards stated he has thoughts about budgetary implications on the positions themselves but I, he wanted to offer his perspective on the MOU as a separate and individual document and its I implications on the operation of the organization. Councilmember Ryan stated he appreciates the input provided by Dr. I?dwards and has a follow- �, on question. He asked if it is an essential component of the ethics of a City Manager not to show '� favoritism to any one member of a City Council. Dr. 1;dwards answered absolutely. �� Councilmember Ryan stated one of his concerns is, and not being directed at any one member oi� �� the City Council, but we have to be concerned about precedent established for future Mayors and �� City Councils who will serve the City. So, if this is implemented, even without intention, if it I favors the Mayor over the Council Members, how docs that impact that ethical imperative of the ��� City Manager. I, Dr. Edwards stated that is a good question and from his perspective,the answer rests in the creation I, of a position by the City Council, noting the City Council is establishing the precedent so, for ' example, when they established a Mayor's office, they did not necessarily establish a Council , Mayor office. Right or wrong, the City Council made that decision and that is similar to this. If� ' this is a position that serves the body and the City Council supports the notion that they are one ��, body, then a position being established that answers to all would be more in alignment with the �, spirit of this structure. If the City Council establishes a position for any one Council Member, I then it rnay, from his perspective, challenge the integrity of being able to assure all Council Members are equally trcated with equal access to resources and ability to make informed decisions I in an equal manner. �, Dr. Edwards noted the Mayor has made the argument about the ditterences, and that is up to the ', City Council to determine whether or not they concur. It rests with the City Council and he thinks '�� the City Council would be setting precedent in how it deliberates and decisions are made. He does � not think the position itself jeopardizes the integrity but how it is utilized and thc structure and �, operationalizing of it can and will set practice and precedent so he would challenge the City � Council to think about that and if they choose to move forward, are they willing to establish a position for the Mayor alone with the intent they can do more for Councilmembers in the future, , or are they creating a position that applies to all with a portion of time shared between members. �I Dr. Edwards stated to create a position for the Mayor and not address the needs of the City Council, I in his perspective, would have some implications. � Councilmember Ryan stated that is the nexus of his concern and he appreciates Dr. Edward's walking through a number of those difficult issues because, in his humble opinion, we have to establish procedures that are consistent with the fundamental law of the City and help us to move forward and facilitate and expedite the implementation of the public safety resolution. He stated 08/23/21 -19- the Council Members need to reflect on those issues, which he does not raise lightly or with the intent of obstructing the implementation of�public safety and police reform. Councilmember Ryan stated he ho es all understand the s irit in which he r•aiscs these issues. P P Dr. I?dwards stated if� the City Council intends to move forward with the Implementation � Committee and the Kesolution as passed, in his opinion, that cannot be done without additional resources to do that. Whether or not the City Council approves such work to be done with the Mayor as Chair or with the City Council or with the Administration, that can be discussed but he wants to underscore if the resolution is moved forward, there needs to be additional capacity and it does not exist now. He stated from a City perspective, they can potentially fund it for a short eriod but it would have to move to other dollars as there is no abilit to sustain it over a ear or P Y Y two ycars. He explained that to make any headway on implementation of the Resolution and coordination, the City does not currently have the fiscal capacity to do that. Dr. I�dwards stated � from his perspective and observation, he believes if�moved forward, some capacity needs to be created. Mr. Gilchrist addressed the concern on the form of government, noting that is an important question and one that nceds to be safeguarded. �Ie advised that for any of the positions to come into existence, the majority of the City Council act to establish them with the agrecment of the � Cit Mana Jer and under the terms of the MOU. Within the MOU are rovisions to safe uard the Y � P � distinction between legislative and operations. Mr. Gilchrist stated fundamentally, he does not see this would change or undermine the continuity or structure of the government. And, frankly, as the City Manager indicated, if he cxperiences any bleed-over where he thinks there is interf�erence,then he has every right to raise that with the Mayor if the person is assigned to the Mayor. If that does not resolve it, then he can bring it to the City CounciL He thought there were sufficient safeguards in the MOU to protect the form of� government and address issues should they arise down the line. Mayor I?lliott stated in terms of questions raised around the two positions proposed this evening, there are ARP dollars that the City Council can allocate for the Projcct Coordinator position. The ARP is $3.4 million of federal funds earmarked for us, $1.5 million is already going to the City Manager, and some of that could be allocated to the Project Coordinator position, which the City Manager estimates will be $65,000 to $75,000 for the base salary and an additional 27% for benefits, totaling around $100,000. He stated it would be the same for the Legislative Aide position. Mayor Elliott stated if the City Council chooses to allocate some of that funding to the Project Coordinator position, they could do so in the years 2021, 2022, and probably part of 2023 as the City has two years to utilize those funds. Then in subsequent budget years, that position could either be phased out, or if there is additional work to do, the costs could be worked into the budget slowly but anticipating the ARP funds would probably fully cover the duration of the Project Coordinator position. Mayor Elliott stated in terms of the Policy Aide position, it would have an impact of around $15,000 to $20,000 for the remainder of 2021 and need to be added to the Council Mayor portion of the budget for subsequent years. I�e stated in talking with the City Manager, it is possible to 08/23/21 -20- find those funds this year f�or the Policy Aide position. Mayor Elliott stated he wanted to share � that around funding and how these positions will be paid for because those are possibilities. � Mayor rlliott reviewed the job description for the Project Coordinator, which is Exhibit A to the accompanying resolution, noting it is to assist in the implementation of the Public Safety Act, � report directly to the Mayor and will coordinate the projects for the implementation process for the Daunte Wright and Kobe Dimock-Heisler Community Safety and Violence Prevention Act. The position will help develop the scope of work, timelines for the Implementation Committee i and its Subcommittees, serve a coordinating role with partners, and build relationships with � stakeholders to help ensure the resolution is fully implemented promptly. Mayor Elliott stated some of the duties for this position include managing and coordinating the ��� community-oriented public safety resolution implementation process; all related stakeholders; �� activities sLich as community participation and public information sessions, technical assistance, '�� and communication; provide information and technical expertise; advise and service to individuals, groups, and organizations serving the Implementation Committee and its ' Subcammittees; lead partners in the collection, organizing, analyring, and reporting performance measurement data, information, and research results; and, prepare and make presentations on the work of the Implementation Committee for a variety of audiences including elected officials and � senior management. ' Mayor Elliott stated this position will not directly supervise but will be the primary point of contact for the two FUSE positions and any monies the City Council chooses to allocate to the Implementation Committee, this person would help facilitate the spending of those amounts of � monies. Councilmember Lawrence-Anderson stated we are berating this tonight and she apologizes to the public but had we gone through the normal process of vetting positions during our budget meetings, we could have alleviated a lot of it. She has concerns about the resolution about the , Public Safety Project Coordinator as far as the Mayor overseeing that position exclusively and Chairing that Committee as well. She does not think that the person chairing the Public Safety � Committee should have an opinion going into it. Rather, it should be a neutral unbiased party. Nor would she insinuate or imply or recommend someone from a public safety directive be in � charge of that Committee. Councilmember Lawrence-Anderson stated she takes opposition that the Mayor would serve as the Chair and thinks a member of the City Council should not Chair that Committee. She felt a liaison would be fine and she also believes the Committee should include members of the Public Safety Committee as liaisons, meaning Fire and Police Departments should be on that Committee to serve as a resource. Councilmember Lawrence-Anderson noted that Dr. Edwards did not complete his comments on the financial ramifications of the positions and she wants to make sure he has an opportunity to finish what he started speaking to about the positions in question this evening. � Dr. Edwards stated he and the Mayor have had conversations so he is not saying anything new. I, He explained when the City Council adopted the resolution,there was an intent of the City Council I and since then he has thought about how to initiate the intent and spirit of that resolution. He '� knew, as there were deliberations about the resolution, that the creation of multiple departments �, 08/23/2l -21- I was fiscally impossible from his estimation so he had raised some questions around how we can at least scribe the departments by the unit of government. Dr. Edwards stated he raised this because it matters when looking at the full picture as it relates to budgetary and costs. If we were talking about the Project Manager in isolation to the direction to implement a public safety apparatus and new units within the organization, in addition to the Legislative Aide, in totality, that is a completcly different picture than anyone in isolation. He has been thinking about how we can move forward, what can we afford to move forward, and what he can recommend to the City Council. a Dr. Edwards stated the City Council has $184,000 in the City budget or about 1 /o. If we look at a position that is around the $65,000 to $70,000 position, it will cost roughly $100,000 to $104,000. If there are Legislative flid and Project Manager positions to get started to implement the public safety resolution, in totality, it will be around $300,000 just in wages and benefits. You also need a place 1or the employee to sit, pencils, paper, resources to do something. So, for the most part, it will cost another $50,000 to $75,000 for the person to be able to do something. Dr. Edward stated when thinking about three positions and an additional $300,000 and the cost for the person to do work, t11en the cost is $450,000 for three positions. He stated that would not include the ros ect of creatin 7 a de artment and tr in to do work whether around mental health P P b P Y � � folks going out into the field dealing with health issues or civilians trying to address minor offenses and things of that nature. Dr. Edwards stated in totality, he did not view we could afford that so he would recommend in the budget a position in an oftice of Public Safety and Health and Prevention to begin to manage and coordinate the City's effort to ensure there is a prevention and health lens to all we do in public safety. I�rom his perspective,to get started,that is where he recommends we start. With the Project Manager, he believes we need some type of coordination whether that position is managed by the Mayor, the City Council, or City Manager. He suggested we try to use some ARP funding for that type of position and because it is time-sensitive, we do not want to create a position that may have ties in years to come and do it with one-time revenue sources. I Ie noted the ARP funds will end so he would not recommend creating a position we anticipate being permanent with part-time funds because that means at some point, we have to provide those funds and that would be financially challenging. Dr. Edwards recommended if looking at the Project Manager as a temporary position and using temporary resources to fund it, then when the fund goes away and the position goes away and the City does not have to figure out how to sustain something that's long-term. Dr. Edwards stated as it relates to the Legislative Aide, again, doing it in totality, he has no perspectives one way or the other as it relates to the use or need of that position. It is up to the City Council to have that conversation and make that decision. He would recommend, for this year, it would not be financially affordable for the City if the City Council is going to provide resources to bring on a new position on the public safety side for implementation. From his perspective, that action would preclude the City Council from adding other positions because the City cannot afford it and it would move the levy increase out of the City Council's comfort zone given the City's debt, cost of living, and the cost of doing business. 08/23/2l -22- Dr. Edwards stated irom an operation perspective, he would suggest staggering the positions and �� making an investment upfront with general fund dollars for the public safety hclp on prevention I so that structure is started that the City Council passed in the resolution. �Ie noted it would not be cr�ating three departments but the City will be able to do something with other resources like grant � funds. He recommended that as being the first stable investment as it seems to be the priority of � the City Council. I Dr. Edwards stated the second would be immediate resources or capacity to begin the process of II planning implementation. He would recommend using short-term dollars because that is a ', temporary short-term need and to hold on to the legislative piece because that would be a long- term permanent need f-or tunding and the City does not have that capacity this year. He also recommended coming back to it in 2023 or going forward. Dr. Edwards stated that the recommendation is based on a financial perspective as well as operationalization and funding. Dr. Edwards stated as he has thought about how to get to what the City Council passed in this resolution and how to do that in a way that's affordable for the community, that is his perspective on all the positions, legislative, Project Manager, and positions for the implementation of the Public Safety Resolution. Dr. Edwards stated that is his recommendation as far as logistics, how to stage it in a fiscally responsible manner, and what he believes can be done within the context of the budget restraints. Mayor Elliott stated the second position is a Policy Aide position to provide high-level support to the office of Mayor. He reviewed that job description, noting the position supports the Mayor to conduct research, scheduling, help provide constituent services, and other related duties as has been previously discussed. Selection of the duties includes conducting research, providing documentation as needed for decisions and critical issues, providing information and documentation to inform the Mayor and City Council on their decisions by conducting topical research as required, managing the Mayor's calendar including overseeing intake of events and meeting requests, managing and responding to constituent inquiries, and overseeing the Mayor's media requests and communications. Mayor Elliott stated he has quite a few media requests, noting he first proposed this item before Daunte Wright was killed. When that happened, there was an inundation of inedia requests and no capacity so they hired a firm at$25,000 a month and the City still has that firm to provide media support. He stated he was getting inundated with meeting requests, calls from constituents, and that probably aged him a decade in those few months. Mayor Elliott stated this job is extremely stressful and another mayor had said to him they thought they knew what it meant as a councilmember to be in the mayor's shoes but had no idea until they became the mayor. He stated there is only one person who knows what it is like to be in the position here, right now, in Brooklyn Center, and that is him. It is extremely stressful with a lot of pressure that he has to deal with at $1,000 a month and, because of the demands of the job, he can't have another full-time job to support his family. I-Ie stated if this position is not approved tonight, he goes back to worrying about how he can carry on and continue to slug through. 08/23/21 -23- Mayor Elliott stated it happened that he had a colleague who reached out when Daunte Wright was killed who happened to have experience in government and said he needed critical support right now and asked how he could support and volunteer. Mayor Elliott stated this is a City government and he, as Mayor, servcs in this government as the primary point of contact for everybody and he does not have the support. He stated this is untenable, noting a resident who had gotten into an accident had testit�ied thcy reached out to the Mayor's office for suppori at a critical time and couldn't get a call back promptly. Mayor Elliott stated he does not think this position reflects the 2021 Brooklyn Center, noting he is not asking for more money for himself, he is asking for the capacity in this position to be able to do this job and meet modern-day Brooklyn Center's needs. That is why he is proposing this position and, quite ]Zoncstly, to him it is a matter of health at this point to not have this support position. Mayor Elliott stated he hopes we can answer the questions the City Council has, noting we are not necessarily out of�the woods with this situation and there is a reason the fence around the Police Station is still up. He pleaded with the City Council, noting if we can spend $25,000 a month on media consultants,how can we say we don't have the money to support a$5,000 a month position that can help with all of the demands coming into the Mayor's office. He asked how we can say that in 2021, in the middle of a pandemic and uprising we experienced and are still being in a tenuous position. Mayor Elliott stated, to him, this is an emergency request he is asking the Council to support these two positions. He stated, as he had mentioned earlier on the funding side, it is the City Council's prerogative to pay for the Project Coordinator role with the ARP funds the federal government has given us. There is $1.5 inillion available today, that money has been earmarked and can be used for public safety reforin work in any city around thc country and many are using those funds for public safety work. He asked how fortunate is Brooklyn Center to have those funds available. Mayor Elliott thanked the City Council for listening to his comments and stated those are the two positions before them this evening along with the MOU that creates the framework. He stated in his early conversations with Dr. Edwards, he did convey that a position that works closely with the Mayor should report to the Mayor, it makes sense, and they have laid out a framework for that to happen. He stated the policy position is available to the City Council to access for support and on the question of whether they report to the whole City Council, he would ask how many of you have five bosses at your job, noting except for Dr. Edwards, which is a special situation. He stated these positions are warking day-to-day with him directly. 1'hat is why it was structured in this way as it makes sense for that person as well because a Project Coordinator will not necessarily come on at $65,000 to $70,000 a year and handle reporting to five people. He pointed out that Dr. Edwards makes $150,000, reports to five people, and can balance all of their politics and desires and play that high-stakes game of pleasing everybody. Mayor Elliott stated he does not know how someone coming on as a Project Coordinator wants to or can do that. He stated it would not be necessary or fair to that person. Mayor Elliott stated he hopes we can move forward on these two positions and provide the critical support that we need. He asked for questions or comments from the City Council. Councilmember Ryan stated he hopes we can clarify that, as a City Council, we are going to address two discrete questions. The first question is the Project Coordinator and secondarily is the 08/23/21 -24- question for the Mayor's full-time Policy flide, which is quite unprecedented for the Mayor of Brooklyn Center. tIc thinks we should be clear on those issues so the first question is the Project Coordinator for the Implementation Committec and secondarily the Mayor's Senior Policy Aide, which has been presented at numerous City Council meetings and then withdrawn over many meetings, going back to March of 2020. Mayor Elliott agreed there are two separatc items on the agenda. Councilmember Graves noted it is past 10 o'clock and she is getting tired but will say she is not surprised there is some difficulty in working towards some of the more lofty goals because when we first learned about the resolution and had a big press conference, it was spontaneously called a couple of days bei��re and the City Council did not have the chance to read the resolution through or discuss it. That was part of the reason she wanted to slow things down, emotions were high, and everybody wanted to do something to make sure that nothing like that ever happens again. Councilmember Graves stated because it was not something really inclusive and intentionally crafted with everyone who has to be the main stakeholders of implementing it,whether community members or City staff, we could come up with some obstacles in the actual implementation. Councilmember Graves stated she is happy to hear about the two FUSE positions that will help with this wark and wonders how they will be integrated into the City because this is work the City has to do with the community. She thinks that is also true for the Project Coordinator role, that they need to be a bridge both within the City, within the community, and also, to the City Council and leadership. Councilmember Uraves stated she is not opposed to the Project Coordinator position at all and wonders about it being a narrow focus of�policy and reporting only to the Mayor because she hopes there will not be a disconnect between the partnerships and information. She stated if just implementing, it is not going to be that one person and the Committee and FUSE people. It will have to be throughout the organization that is the City. She is not clear on where operations stop and implementation starts with this specific policy focus so there are some ways in which it is still not very clear to her and in some ways, she thinks it has to become part of operations because that is systems change. Councilmember Graves stated some of that is unclear to her, how exactly it will be integrated both into the community and into the City enterprise without jeopardizing some of the Charter rules the MOU protects against. She is not sure that structure is the best structure for the actual position we need to fill but may feel more confident about it if it was a position that was going to be within a specific part of the City, working with our other staff, City Manager, community, Implementation Committee, and stakeholders including FUSE and/or LEAP fellows. Councilmember Graves stated to her, it still seems disconnected and she is optimistic it will move things forward and improve communications so she knows what is going on and can be part of what needs to happen in the City. Councilmember Uraves stated she feels like a lot of the time, as a Council Member, she does not know what is happening and then gets pushed into having to make a decision and ii�you're not 08/23/21 -25- ready at that moment to Inake it, the co�lununity looks at you like you don't care about the issues. She stated this is a crappy place to be all around. Councilmember Graves stated she is sorry to hear about Mayor I�lliott's struggles financially or otherwise and she has compassion for Mayor 1?lliott. But, she is not in tavor of the second position although willing to provide some tips or emotional support as he navigates the leadership role and feels like she has been there to do that as a friend and colleague. She stated she is tired and does not want to continue this City Council meeting much longer so she hopes we can move on soon. Mayor Elliott stated to the question of making sure the position is fully integrated, all the meetings we have had, the City Manager and City Attorney have been part of so they are moving forward in an integrated way in terms of what they are doing with the Implementation Committee. He stated the City Manager's coinments to him were that this position works closely with the Mayor so it makes sense to have that position report to the Mayor. He stated this is not unusual, noting they are doing this work in Berkeley and when he met with the Berkeley mayor, he has positions like that which reporl to the Mayor and they have a city manager form of government. They have a position like this assigned to their mayor's office who is working in just this way with the community, their council, and city staff to coordinate the efforts of the different moving parts and with partners. Their work is deeply policy-wise in terms of facilitating that process to implement the resolution. Mayor Elliott stated he has had conversations with the Berkeley city manager about whether at some point this person may move over to operational in a diflerent capacity. So, this is something hc has talked through and thought about. He stated they talk regularly and in one of their last conversations, it was about the need for them to continue having these conversations. Mayor Elliott acknowledged it will be a challenge however we put it so the only thing that works is regular conversations. He stated they talk once a day or once every other day and that will continue. Mayor Elliott stated this position will provide more information in a more timely manner with regular updates as well for the City Council and community in working with staf£ He einphasized that point, noting it is also written in the position description to function in that way. Councilmember Ryan stated we all understand the why part of police reform as a pathway to improve public safety. But, the how of police reform is equally of great importance. I�e thinks if we work effectively with our Police Department and cooperation and engagement of the community while doing police refarm, we will have greater conf dence in the critical undertaking that we do regarding implementation. Councilmember Ryan noted it is a very late hour with unresolved issues so he thinks we should schedule a Work Session where the City Council can come together on a consensus of how we proceed. He stated the public, quite reasonably, may be impatient with the City Council about why we are at this point, dithering about this. Councilmember Ryan noted Mayor Elliott has had months to help the City Council to be informed about how we are proceeding. But, yet again, on several occasions, we have been presented with an immediate deadline where we have to decide at the very last minute with very minimal information and expected to act on Mayor�;lliott's initiative. He stated this is an example of where 08/23/21 -26- the C;ity (�ouncil has to exhibit better process and throu�h better process, the City Council will demonstrate and can arrive at better results. Councilmember Ryan stated he does not mean to be attacking Mayor Elliott personally, and this '�� is a very difficult thing, but this is a challenging effort that needs to be a collaborative effort. He hopes Mayor Elliott understands the spirit in which he is presenting his objections. Councilmember Ryan suggested the City Council hold off on considering these items,have a Work Session at the earliest date, resolve to a consensus, and then bring it back to a future City Council meeting. Mayor Elliott acknowledged it is getting late and he sees two people from the public who would like to speak. He stated he will entertain those comments and asked the speakers to be brief. Arvid Sorenson stated in the past he was a temporary employee and he had to sign that he was an at-will employee. That way he could be terminated at any time for any reason without consequence to the people who employed him. Mr. Sorenson stated he does not see that type of clause in the MOU or resolution. He stated if approved, this should be an at-will employee of�the City Council, not the Mayor. Shantel stated she sent a message to the City Clerk. She is a community member and it is getting late but she wants to make sure her feedback is heard. It is unheard of to her and those she has spoken with that there hasn't been an assistant to the Mayor. That, to her area of residents, has posted those concerns. Shantel noted the Mayor can only do what is possible and has addressed some concerns with limitations and we are seeing that in our community. She stated the Mayor can't do it alone and as we are seeing, it takes a village. Shantel stated as someone mentioned earlier, thc time is now and that is clear because Brooklyn Center needs a team who will be responsive to the community. In addition to the fact, there are a few positions that already have funds, she is not sure about the other budgetary constraint concerns but the importance of having a Policy Aide to assist as a liaison to the community and demands needed. She noted the needs are greater now than they were two to five years ago. She stated we have to act in a moment if it is necessary. Mayor Elliott closed public comment. Councilmember Butler stated she wanted to reiterate what shc had said earlier. She thinks we keep talking about not understanding what is happening and not being aware of the work that's being done but we all need to take personal responsibility for that and if you want to know what is going on, you have to ask questions. She too felt out of the loop for a little while;however, she contacted Dr. Edwards and Mayor Elliott and requested a meeting so she knew what was happening and asked how she could help and be involved. Instead of complaining that you don't know what is happening, she thinks if you f'eel that way you should take action, get involved, and ask questions if you want to be part of what is happening. Councilmember Butler stated she understands the f-eedback of feeling rushed and having to make a decision and she appreciates that feedback. But, in terms of feeling entirely out of the loop, she 08/23/21 -27- thinks you have to take morc personal i-esponsibility for tllat and ask the questions you need answers to. Councilmember Butler stated she has been at Children's IIospital since 5 o'clock and stayed on the call so she would like for the City Council to conclude so she can be off thc telephone and be attentive to her son. Councilmember Butler stated she would like the City Council to make a motion and take a votc. Councilmember Butler moved and Mayor Elliott seconded to adopt RESOLtJTION NO. 2021- 101 Approving Memorandum of Understanding to Appoint a Project Manager for Community Safety & Violence Prevention Implementation Committee. Councilmembers Ryan and Lawrence-Anderson voted against the same. Motion passed. Councilmember Ryan stated he wants to be clear that he is not opposed to the spirit in which this is undertaken but is opposed to the manner in which it is being implemented and the nurnber of questions that havc not been clarified, which are necessary. He stated violence nationwide, regionally, and in Brooklyn Center has been peaking and he does not want the public to get the wrong impression that we are undertaking police reform while that is happening and some members of the public connect the dots wrong. That is the spirit in which he is making this objection, not that he is opposed to police reform but is opposed to police reform without the serious issues being clarified before we undertake it. Councilmember Ryan stated he is with Mayor Elliott with most of what we are talking about but thinks we have to clarify those issues. "I,hat is thc spirit in which 11e objected to this motion. Councilmember Graves stated she thought the City Attorney had said earlier it has to be a unanimous vote to pass. Mayor Elliott asked for legal clarif ication. Mr. Gilchrist stated this is just a majority vote on this item. "I'he unanimous vote only applied to the emergency ordinance dealt with at a previous meeting. lOd. RESOLUTION NO. 2021-102 ESTABLISHING THF, POSITION OF NOLICY AIDE TO YROVIDE HIGH-LEVEL ADMINISTRATIVF, SUPPORT TO THF. MAYOR Mayor �lliott introduced the item and stated this position will support the City Council as well. Mayor Elliott moved to adopt KESOLUTION 2021-102 establishing the Position of Policy Aide to provide High-Level Administrative Support to the Mayor. Councilmember Lawrence-Anderson asked a claritication question, stating she does not like the wording of the resolution and asked if it is a conflict of interest for someone to vote upon something that exclusively benefits them. City Attorney Gilchrist advised he does not see this as a conflict as it is not financially enriching the Mayor, it just assists the Mayar's office. He does not see this as a conflict that would prohibit the Mayor from voting on it. 08/23/21 -28- STA"I'E OF MINNESO"I'A) COUN"1,Y OI� HENNI�;PIN) ss. Certification of�Minutes CITY OF BROOKLYN CEN7�I?R) The undersigned,being the duly qualified and appointed City Clerk of the City of�3rooklyn Center, Minnesota, certifies: 1. "I'hat attached hereto is a full, true, and complete transcript of the minutes of a Regular Session of the City Cotmcil of the City of Brooklyn Center held on August 23, 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 September 13, 2021, Regular Session. �� ( I, /W� <-� 13arbara Suciu, City Clerk Mike Elliott, Mayor �I 08/23/21 -30- Mayor Elliott asked about the structure of this position reports directly to the Mayor but serves both thc Mayor and City Council. He asked if there is conflict in that regard. Mr. Gilchrist stated he does not see a conflict but did note the language of the resolution does not specifically indicate that thc position would report to the Mayor. Mayor Elliott asked for a review of the langua�e and asked if�it addresses super-vision at all. Mr. Gilchrist referenced paragraph 4. Councilmember Ryan stated to his mind, for any man or woman who occupies the Mayor's chair, such an aide position is superfluous, unnecessary, and duplicative. He stated we are all elected to the City Council as public servants. We do not do this as an office of emolument and personal gain. I Ie stated we all understand that this is an office that requires a great deal of�personal effort and commitment. This has been an extraordinary year and we have to recognize that under the Charter, the Mayor is simply another member of the City Council with extra duties, which are acknowledged, and the Mayor receives extra compensation for those duties to run a meeting, chair the dangerous dog hearings, and in a public emergency to act on behall�of the City in a public emergency where the Mayor is granted extraordinary powers. Of course, the Mayor acts as the ceremonial representative of the City. Councilmember Ryan stated to give the Mayor a Policy Aide, which he believes is unwarranted I when this simply duplicates the work of the City Manager and staff that supports all Council � Membcrs equally. The Mayor is not the chief administrator of the City. "I'he City Manager is. ' Councilmember Ryan stated this position simply duplicates wliat the City Manager provides for � every member of the City Council and thcrefore is a duplicatiol� of effort, expensive, and wasteful ' so he will not support this. Councilmember Butler seconded the motion. I Councilmembers Ryan, Lawrence-Anderson, and Graves voted against the same. Motion failed. Councilmember Lawrence-Anderson noted the time is 10:42 p.m. and the City Council did not take action to suspend the rules at 10:00 p.m. I 11. COUNCIL REPORT Due to the late hour, this item was not considercd. 12. ADJOURNMENT Councilmember Lawrence-Anderson moved and Councilmember Ryan seconded adjournment of� the City Council meeting at 10:43 p.m. Motion passed unanimously. 08/23/21 -29-