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HomeMy WebLinkAbout2021 08-16 CCM Special Session MINUTES OF THE PROCI;EDINGS OF THI? CITY COUNCIL O�� THF, CITY OF BROOKLYN CENTER IN "I'HE COUNTY I OF I�I:NNEPIN AND "I'HE STA'I'E OF MINNESOTA ��� SPECIAL SESSION i AUGUST 16, 2021 ', VIA ZOOM ' L CALL TO ORDER "1'he Brooklyn Center City Council met in Regular Session called to order by Mayor Mike Llliott ��� at 8:49 p.m. 2. ROLL CALL �I' Mayor Mike Elliott and Councilmembers Marquita Butler, Kr-is Lawrence-Anderson, and Dan Ryan. Councilmember April Graves was excused. Also present were City Manager Reggie Edwards, City Clerk Barb Suciu, and City Attorney Troy Gilchrist. ' 3. AMENDMENT OF THE MASK MANDATF. II 3a. AMENDF,D ORDINANCES �� Mayor Elliott explained this special meeting is to consider amendment options to the special � emergency mask mandate ordinance. He invited City Attorney Gilchrist to provide an overview. � City Attorney Troy Gilchrist presented amendment options, one offered by the City Manager in response to practical concerns regarding folks within City buildings, such as those working out in the Community Center, swimming in the pool, eating, drinking or speaking at public meetings. "I'hose are the same issues the Governor wrestled with when he issued a mask mandate throughout the State. Mr. Gilchrist explained the idea is to create an additional exemption in those situations where it is not reasonable ieasible or potentially dangerous to wear a face covering. Mr. Gilchrist stated in conversations he had with Mayor Elliott and City Manager Edwards, the thought was that if folks are gathered around a table eating where they cannot wear a mask, there is still a concern regarding the potential spread of the virus while engaging in those activities and talking while they are eating. To address that, he added a sentence, at the request of Mayor Elliott, I indicating: `When people �ather indoors in situations where face coverin�s are not required under one of the exemptions social distancin� or other safety measures shall be utilized to the extent reasonabl�possible to help prevent the spread of COVID-19." I Mr. Gilchrist explained the idea is that there are certain circumstances where face mask wearing is not feasible but, in those situations, the ordinance would then direct to encourage social I, distancing or engaging in putting up a divider partition to separate people and help stop the spread li of the virus. 08/16/21 -1- City Ma»ager Reggie Edwards stated he has some com�nents to inake on this amendment option. Mayor I?lliott asked him to hold his comments until after Mr. Gilchrist presented the second amendnlent option. Mr. Gilchrist displayed the amended language he jList presented in option one. Mr. Gilchrist stated he had a discussion with the gcneral counsel of the school districts within Brooklyn Center and they encouraged the City Council, as detailed in the Friday update,to remove schools lrom the detinition of public building and exempt the schools from the ordinance with the idea they would prefer to make masking decisions for their buildings and students themselves. Mr. Gilchrist stated without a particular recommendation �i•om staff, he drafted a second amendment option for the City Council to consider. It would delete schools from the public buildin r definition and make it clear in the �eneral rovision that talks about owned or o erated b b P P government entities to add the wording `other than schools' to complete the exemption. Mr. Gilchrist noted the exemption language in Article II, Section 3, is the same as presented with amendment option one but without the additional language. He explained the import of this particular version is the language creating the exemption from schools and completes the cxemption to add the wording `other than schools' in the general exemption. Mr. Gilchrist stated that is a review of the two amendments prepared to provide options for the City Council to consider. With respect to the exemption language (option one), it provides for situations where it is not reasonable to wear a face covering, to create an exemption, and upon reflection, he thinks it is a good idea and he would recommend the City Council seriously consider it. Mr. Gilchrist explained that because this is an emergency ordinance, like the one adopted by the City Council at its previous meeting, any amcndment adopted this evening would have to be by unanimous vote of the members present. Councilmember Lawrence-Anderson noted proposed Ordinance 2021-02 includes language about gathering indoors when it is not convenient to wear a mask and the exemption 1or schools. She asked if it is all inclusive of the amendments. And, if not, which version is the City Council considering. Mayor Llliott answered there are two separate drafts and presented as options (option one mask exemption; option two school property exemption). For now, the City Council is holding an open discussion. Mayor Elliott invited Dr. Edwards to make comments on the proposed amendments. Dr. Edwards explained that a couple things that precipitated both of the amendments. The first option with indoor masks related to services at the Community Center as well as the Heritage Center, addresses people who swim or run and exercise at high aerobic levels where masking is difficult or may potentially be harmful. That gives rise to the ability to exclude those working out 08/16/21 -2- or swimming indoors. In addition to that would be rental spaces where peoplc will be eating and holding indoor events, specifically with the Heritage Center. I Dr. Edwards stated since the cmergency ordinance was adopted, there has been nine cancelations �� in the last few days, equating to a $60,000 loss and staff projects in the next thrce months, it will I be upwards of a$300,000 in loss. He stated the impact on services provided at the Heritage Center II will be signi I�icant. That was what precipitated the urgency of bringing this amendment to the City I Council. Dr. Edwards recommended adding the term `rental' so it applies to that circumstance because while `eating, drinking, and swimming' covers the majority, there are othcr areas where it would , not cover. I Dr. Edwards stated with regard to the schools, he reached out to all of the superintendents via c- ' mail correspondence, spoke with one, and there was an issue around the authority of the City as � well as differences between what was being communicated to students and families by the school district and what was being communicated by the City. Staff�feels they are on fairly solid ground ' as it relates to the authority but there will be issues counter to relationship. I�Ie stated through �, communications with three of the school districts, there are challenges around the City passing the ��� mask ordinance. Dr. Edwards stated he does not have a recommendation relating to the schools '� but he does have a recommendation on masking around eating, swimming, and working out along ', with the rentals. Councilmember Butler asked about the issue with rentals and why the City would have to reiund I any money if someone were to cancel. Shc stated she understands the impact to future bookings but if someone has already booked an event, why would we have to refund their money if the City mandated versus their own policy. She asked why that impacts the ability to get a refund. Dr. Edwards explained that even with the initial COVID shutdown, the City did refunds because it is something borne by the City and if not, but for the mandate, they would have had their event. So,the money they put down as a deposit was refunded because the only reason they are not having the event is due to a policy decision of the City. Dr. Edwards stated that is his understanding. Councilmember Butler stated if the ordinance is amended to add these exemptions, she thinks the City should not have a mandate. She noted the idea behind passing the mandate was to keep people safe, noting Brooklyn Center has the number one highest COVID cases in the County so clearly, our population is at risk. She stated if the ordinance is being changed to accominodate weddings and things like that, then the City Council is contradicting itself and when it comes to money, the City is are okay with people being exposed to COVID or having more risk to COVID with no masks. Councilmember Butler stated she does not know what the right answer is but personally, thinks the City should not be giving money back if it is an ordinance and we are trying to keep people safe. She does not think that is a reason to refund but she is not in that line of business and could be wrong. She stated she recognizes the impact on future bookings but is not in favor of adding 08/16/21 -3- these things unless we don't do it at all. She stated she is open to hearing w11at others tlioughts � are. Mayor Elliott stated since we passed this ordinance, he has heard from teachers and particularly in ' the middle school, who thanked us for passing the mandate and protecting them. Last year, he heard from a coalition of teachers of color reaching out who were concerned that nothing was happening to protect them and students in the school. `I'he combination of�those two things, to him, says the City Council is taking the t•ight step to protect health in the City. He stated considering the fact, as Councilmember Butler said, Brooklyn Center has the highest COVID case � rates in the County, we have to do more than other people to protect life and health. Mayor Elliott stated this is, obviously, the nlost dangerous virus we have seen in a very long time and we can't afford to not protect the public, which is our number one responsibility as a City Council. Mayor Llliott stated he also has a concern about lifting restrictions but understands that when kids are eating there still needs to be distancing and measures like screens that have been proven to reduce the spread of COVID-19 and are recommended by health agencies. Mayor Elliott noted that last year, the Governor imposed a Statewide rnandate to wear masks indoors and also imposed a restriction to actually close convention centers in order to prevent the spread of COVID-19 and limited the number of people who could gather indoors. These are all � restrictions he is no longer able to put into place but he thinks if the Governor could,the Governor would consider the case rates with this virus being nine times more contagious than the first prominent variant. Mayor �lliott stated we may seriously need to consider going further and doing a Citywide mandate, like the Governor would do but his hands are tied, in order to protect health and even close our Convention Center or put limits on the number gathering indoors, like the Governor did, to protect health. He did not know if we necessarily need to restrict further at this moment, but we may very well need to. Mayor Elliott stated in terms of making provisions and edits, if kids are eating meals in schools, to have screens or distancing,that makes sense to the degree they will still be in school physically and may even end up going remote. Mayor Elliott stated we need to realize the virus is still here and even worse and more contagious �� than before so we need to think about ways to better protect the health of our community. He stated this community is most susceptible to this virus. Dr. Fdwards affirmed that the refunding of the deposit was a decision made by the City when they did the original shutdown at the first emergency declaration from the State and City so we would have a choice to not refund. Mayor Elliott asked if the City has the capacity or would it be tenable to have six-foot distancing measures put in place if people are eating or have dividers up. Dr. Edwards stated he imagines we can create that capacity but he assumes folks would cancel because the reservation was premised on having `x' amount of people. And, at this point, if we say that number is cut to one-third due to social distancing, we have to be prepared to know we will endure that loss. Dr. Edwards noted it is not reasonable to think people will plan out a wedding or reception for 100 people and then 08/16/21 -4- we say they need to social distance and cut it down to 35 because they will just find another venue. He suggested the City prepare to lose that business. Mayor Elliott stated he does not know if there is a good way of providing dividers or social distancing in the Convention Center. He thinks at this point, there is a new decision to make. He stated he is okay with keeping it in place for the Convention Center and the City Council will have to decide if they are okay with the revenue loss for those that choose to cancel. He noted last year, convention centers were completely shut down and a number of events across the State had to cancel because the virus was spreading. Again, the City Council is not taking that action tonight but there is a strong possibility it is something the City Council will have to consider. Mayor Elliott stated he does not see how the City can lift it at the Convention Ccnter and still be safe with that number of people gathering indoors. Mayor Elliott stated with schools, as a practical matter, if kids are going to be in school at this point it is not something we can choose to do. I�e thinks the City Council can consider those adjustments provided the schools are able to put into place screens or distancing that separates kids at lunch while unmasked to prevent the spread. He noted it would not make sense to simply lift the mask mandate without any restrictions at the point they are eating because, arguably, that is when you have the largest gathering of students during the day, eating, sitting next to each other, and talking. He stated we might as well not have a mask mandate requirement unless there are those preventative measures put into place. Mayor Elliott stated he would be okay with making the modification pertaining to the schools provided there is some kind measures put into place like screens or distancing that have been proven by health agencies to prevent the spread. Mr. Gilchrist advised that with the current language, if any exception applies, then this language would come into play that you have to employ social distancing or other safety measures. Mr. Gilchrist stated you are obviously not going to wear a face covering if you are eating, drinking, swimming, and those sorts of things so this is a common-sense exemption similar to what was in place when the State had a mandate. Then with the language suggested, there would be safety measures employed whether distancing, screens, or some other safety measures. Mayor Elliott stated the important language would be something like: `has been proven to reduce the spread and recommended by health agencies.' He did not see how we can do that because it is likely if those measures are put into place at the Convention Center, people will cancel anyway. So, if there is going to be an event there, people will either choose to wear masks and have the event or choose not to wear a mask and not have the event. He did not see how the latter option, people not wearing masks and gathering in that number, because while the City can make an exemption, COVID-19 does not make an exemption in terms of spreading. Dr. Edwards stated there would be some applicability as it relates to the Community Center. He noted Mayor Elliott mentioned applicability to the school but, again, he would say the City has a pool where people are swimming, working out, and running on treadmills, so it is the suggestion that we need to go back to social distancing in order for someone to not wear a mask when engaging in those activities. So, for example, we close down some rental roams and move equipment into 08/16/21 -5- separate places and require staggercd reservation to provide social distancing. He stated with the pool, they created different lanes or pods for a family or group to use the pool by reservation. Mayor Elliott agreed the City will need to go back to those measures in order to still have the Community Center available while providing the necessary level of protections for our community. Dr. Edwards stated there is a process and time, which staff will figure out, and shut down in the meantime, move and set up equipment and cancel reservations already in place. I�e noted some logistical measures need to be taken in order to accommodate those safety measures. Mayor I;lliott asked for a legal opinion on how that squares up with the language at this point, having the Community Centcr go to social distancing protocols as Dr. Edwards' just described. Mr. Gilchrist advised that as the owner of the varioLis City facilities with those ainenities, it is essentially incumbent upon the City to comply with its own ordinance. IIe noted that regardless of the amendment, there are cominon-sense things that need to bc done to accommodate the regulations imposed. If the amendment is adopted, then it compels, whether this is happening in a City building or school building. The idea is imposing that social distancing or other safety measures be utilized. Mr. Gilchrist stated the City, through this ordinance, has established certain expectations and requirements and it is incumbent upon the owners of the various buildings to come into compliance with it. So, however the City decides to implement that, drawing on experience over the last year, to implement some of those measures to assure people, while not wearing masks, are separated. Councilmember Ryan stated he appreciates the comments and is also in general agreement that the City should do everything it can to weigh in on the side of caution. However,given the explanation by the City Attorney just now and the City's experience with making arrangements at the Community Center, for example, where activities and bookings could be divisionally separate to accomplish social distancing, then he would be willing to go forward with this language. Councilmember Ryan stated the City Manager could alert the City Council should things continue to escalate and the City Council needs to address it promptly and impose more stringent measures, such as, perhaps, shutting down the Community Center. Councilmember Ryan stated he is willing to accept the losses in revenue at the Heritage Center but then the City Council has to acknowledge that loss of revenue and set its expectations for the budget accordingly. Mayor Elliott noted this year the State provided some funds to help offset the costs of shutting down convention centers but he is not sure there are discussions to do something similar again. Councilmember Ryan noted that is an excellent point and stated he is not clear whether similar funds would be available through the CARES act but staffmay be checking on that. He stated that is an open question for next year. Mayor �lliott stated it seems to him, based on the general definition, that the purpose of the funds is to be spent to respond to the pandemic and its negative economic impacts. So, he is hopeful that 08/16/21 -6- is broad enough and the specifics of�the bill will align with offsetting any losses thc City may havc at the Convention Center. Mayor Elliott asked Mr. Gilchrist to review the discussion so far. Mr. Gilchrist stated it sounds as though there is some hesitation about creating too many exemptions from the mask rec�uirement imposed through the emergency ordinancc out of fear of the exception swallowing the rule. But he is also hearing soine comfort with moving forward with common-sense exemptions that soine folks would just presume are part of this. I�e noted that with ordinance writing, it is better not to presume but instead to state specifically and frankly. �Ie thinks adopting subsection (e), the added language in the first option, helps strengthen the ordinance because it shows it is thoughtful and creates those common-sense exemptions and safety measures when masks are not worn due to an exemption. Mr. Gilchrist stated his suggestion is to ask far further cominents from the City Council to see if there is unanimous consensus to move f�orward with this amendment and if so, then to seek a motion. Mayor Elliott stated to parse this a little more, for the time students are still going to be physically going into the building, he is amenable to making the exception for eating and drinking, specifically in the school building but not necessarily for any other space where people are eating and drinking together. He stated he does not know how you parse that in subsection (e)to address schools specifically. Mr. Gilchrist stated the City Council could certainly add the language referring to schools but the things that come to mind are employees eating in the lunch room or at their desk, things like that. He asked Mayor Elliott if he only wants this exception to apply to schools. Mayor Elliott stated he thinks you don't have to wear a mask when you are swimming so that should apply to the Community Center, noting that is the only government building with a pool. }Ie thinks engaging in strenuous activity should not require a mask, such as when on a treadmill or biking. He suggested subsection (e)be subdivided into subsections(e)and (�to list swimming, engaging in strenuous activity, or when presenting at a meeting or other gatherings, and make it broadly applicable. But, make the exception for eating and drinking in groups is permitted at the lunch room. He noted if people are eating at their desk or there are one or two people in the lunch room and they are distanced, that is fine. Mayor Elliott explained what he is trying to get at, particularly when it comes to our Convention Center, if we make the exception there and there are 150 people in a room eating and drinking, then we may as well lift the restriction on the Convention Center all together. He stated maybe the way to go about this is to say these exceptions do not apply to the Convention Center and asked if that would take eare of it. Mr. Gilchrist stated it would indicate the exceptions would then not apply at the Convention Center. He advised the other way to do it is to take `eating and drinking' out of subsection (e) and create a new subsection (� that talks about eating and drinking in groups within school buildings. 08/16/21 -7- Mayor I?lliott stated he supports that suggestion, to create a new subsection (t), and make it applicable to groups within school buildings. �Ie stated that would take care of it. He explained he is sympathetic to the idea we will experience revenue loss but the Stat�e previously made that choice knowing that would be the case far municipalities and we got f-ederal recovery dollars that will offset. Mayor �lliott stated there are some decisions the City Council has to make and live with. Mr. Gilchrist displaycd the ordinance on the screen, noting the Mayor's amended language as follows: (f� Eatin�or drinking in groups in school buildin�s. Mayor Elliott asked for Councilmembers' comments. Councilmember Lawrence-Anderson stated she had read information about the schools not liking what the City Council had proposed and asked how that comes into play here with new subsection (i). Pertaining to our Convention Center, she understands the City CoLincil is looking at yet another modification to the ordinance amendment to disable our Convention Center for the present and ongoing into the near future. She asked if that is a correct understanding on the discussion thus far. Mayor Elliott stated ycs, it will decrease revenue from the Convention Center but would not shut it down completely. He explained if�the people who are making reservations are okay with making up while they are there, the whole time, then they are allowed to have the event. But it does not allow for a room full of people, upwards oi�100 people or more, to all be in a room together eating withotri a mask. Councilmember Lawrence-Andersou stated then there will be masking in public spaces and inside the confines of a room, say the Captain's Room, it is their choice. He noted Dr. Edwards had indicated that people at City Hall in private offices should be exempt. So, if she understands correctly, wouldn't we still be mandating that even if in a private space. Mayor L,Iliott stated the addition here with subsection (� says the restriction only applics if you arc eating or drinking in groups in schools. Councilmember Lawrence-Anderson asked about those eating at City Hall. Mayor Elliott stated it would not apply but they would have to distance. Mr. Gilchrist advised that technically, the way this is set up, the eating and drinking exemption as modified would only apply to groups eating or drinking in school buildings. So,the two employees sitting at opposite sides of the lunch room, there is not an exemption for that. Mayor Llliott noted people eat in their offices. Dr. Edwards confirmed that is correct but as he brought up when this emergency ordinance was adopted, it is not practical that someone would be in their mask while in their single office or cubical space. They are by themselves and will not wear a mask. Mayor Elliott asked how the language can address that, employees by themselves allowed to have lunch and not wear a mask in the act oi'eating. 08/16/21 -8- Mr•. Gilchrist stated tlie language could indicate: `F,atiilg or drinking groups in school buildings or individually in other public buildings. Councilmember Ryan stated as he reads the editing to add subsection (I), it essentially outlaws I eating at the Community Center because it is obviously not possible to wear a mask when you are eating. �3ut the subsequent language indicates when people gather indoors where face coverings are not required under the exemptions, social distancing or other measures shall be utilized to the ' extent reasonably possible to prevent the spread of COVID-19. That subsequent language would ' apply to Section 3., (e). If yoL� have proper social distancing and other safety measures, we are I still going to essentially prohibit eating at the Heritage Center. � Mayor Elliott clarified it permits eating in other public buildings including the Community Center. Councilmember Ryan stated he would appreciate a legal opinion on that. �Ie explained he is trying to be a devil's advocate here for how someone may read that and why they may come back and want a refund on something they booked. Mr. Gilchrist advised that if the thrust of the proposed amendment language is to take eating and drinking out of subsection(e) and create an exemption for schools, maybe we should make it clear that this does not apply to the I Ieritage Center. He explained the enforceability of this ordinance is strengthened by the common-sense exemptions like eating and drinking. So, if the concern is the City does not, for fear of undermining the purpose of this ordinance, want large gatherings where people are not wearing face coverings and eating and drinking and socializing without masks on in the Heritage Center, then we should call that out and reinstate the eating and drinking language in (e) so we are not worrying about this building versus that building. He stated if the real concern is the Heritage Center,then calling it out and,as Dr. Edwards indicated,understanding the financial consequences of doing so, that is the City Council's call. He noted language can be added at the end of subsection (e) that says: `The eating and drinking exception does not appl�to the Heritage Center.' Councilmember Ryan stated that is what he would prefer because, again, these issues will be a cnoving target and as we see the situation evolve, regrettably, he fears we may have to go back to partial shutdowns relative to the health information we get in terms of acceleration in new cases and hospitalizations and, he fears, deaths. This is something the City will have to watch carefully and if at a point, subject to advice from the Minnesota Department of Health, we still can have same of our public buildings open, then that solution of calling out the Heritage Center may be most appropriate. He stated he would appreciate hearing from his colleagues on their opinion about that. Mayor Elliott noted in an instance there is a gathering in the lunch room in our various buildings, would you see that as potentially problematic and would this language address that situation. Mr. Gilchrist stated the paragraph at the bottom would still apply so they are still being directed to sit separately and social distance. It would tell employees to sit separately when taking their masks off�to eat. 08/16/21 -9- '�, Mayor Elliott stated the new addition would then be to say this does not apply to the Heritage Center. Mr. Gilchrist answered in the aftirmative and recommended it be added at the end of subsection (e) The eatin�and drinkin exemption does not apply to �roups in the I-Icritage Center. Mayor Elliott stated he is comfortable wit11 deleting subsection (f) considering we have the other added language. Councilmember Lawrence-Anderson stated it is like hitting a moving target this evening. She asked if the restaurant at the F,arle Brown I Ieritage Center can be open with social distancing or we can't eat or have conventions there. Mayor Elliott explained that essentially, a convention gathering at the I-Ieritage Center cannot eat there ar take off their masks, say groups of 100 people in a room. The only cvents thcy could have are ones where they are not serving food. Councilmember Lawrence-Anderson thanked Mayor f?lliott for the claritication. She stated she understands the situation yet is deeply sorry for people who have planned events and will have to reschedule elsewhere. She stated although our intentions are very good, it will have an impact on a lot of people, which she wants to acknowledge. Councilmember Lawrence-Anderson stated she is comfortable with the language as amended this evening. Mayor Elliott thanked Councilmember I,awrence-�lnderson for the acknowledgement of iolks who will have to canccl. Dr. Edwards stated he wants the City Co�mcil to be aware that it will also have an impact on Heritage Center stafting. He will check into ARP and what we can do with that funding but as we started hiring and bringing people back, now we will be going in reverse and with fewer events and have to do something with staff. He wants to make sure that the City Council is also aware of that consequence. Dr. Edwards stated staff will figure out how to manage that within the fiscal capabilities of the City. Councilrnember Ryan apologired ior not being clear, noting in reading the language as presented before it was amended tonight, as displayed presently on the screen, he was under the impression that eating and drinking was an exemption under certain circumstances where social distancing and other safety measures shall be utilized to the extent possible to prevent the spread of COVID- 19. He is basically in the place where after thoroughly considering this, and he appreciates where people are going through a lot of different contingencies and options and being a bit uncertain, because we all want to take an action to ensure public health and safety, but he is actually of a mind to go with the original language. Councilmember Ryan stated if,in fact, stafi�does a good faith and well-informed eff'ort at enforcing social distancing standards subject to recommendations of the Minnesota Depariment of Health and other safety measures utilized to the extent possible to prevent the spread of COVID-19, he thinks that eating and drinking should be a potential exemption in public buildings given those 08/16/21 -10- safety measures. IIc is okay with the ariginal language, and not adding the language discussed � tonight. Mayor l;lliott stated then we are back to where we started. He stated the thing that helped him arrive at the language added tonight is the idea that people who have made reservations are for a certain number of�people in a room and not necessarily socially distancing six feet apart, which blows the reservation. Or, maybe putting up dividers is not feasible according to Dr. Edwards so it does not seem practical that we are going to be able to provide those measures. From a public health standpoint, just leaving it open and haviilg potentially 100 or more people gathered in a space and eating, then we may as well not have the restriction in place. Councilmember Ryan stated this may be samcthing that staff could deterrnine where, given the other bookings, they could accommodate this particular group and their activity with food, if there are additional adjacent spaces, they can socially distance. Or, if not, then they could tell the group they can't do this because we cannot enforce the socially distanced dining arrangements and other safety measures. In that case, we are sorry we have to cancel the event and then it is a policy decision if�we have to refund. Councilmember Ryan asked Dr. Edwards to respond to that because he is also concerned about layoffs at the Heritage Center. Dr. Edwards stated staff is able to accommodate social distancing because that involves tabling and spacing. 1'hen it would be up to someone who wants to rent whether or not they can accommodate that, downsize, or pivot to abide by those accommodations. Dr. Edwards stated the City can leave it up to them to determine that because either way. He assured the City Council that staff can provide a safe environment given social distancing. I3ut, the City does not have the ability to provide partitions or dividers between for events like school at the Heritage Center. It would be more problematic to offer that type of setup. Mayor F,lliott asked what were the restrictions put into place on the number of people who can gather indoors at the height of COVID-19. Dr. Edwards stated City staff are experts, and did already accommodate six-foot social distancing when it was implemented at the height of COVID- 19. Mr. Gilchrist stated if he recalls correctly, it was a moving percentage on indoor capacity up to a certain number but as Dr. Edwards indicated, there is a certain self=limiting factor that would come into play based on the size of the event and ability to accommodate within the size of the room. He noted staff has had plenty of experience with social distancing over the last year and the limiting factor will be the size of the room and number of tables. Mr. Gilchrist stated this discussion has been helpful and does, as Councilmember Ryan indicated, come around to the language added tonight about social distancing and other safety measures. He thinks that is the safety catch for any of the exemptions including eating and drinking because it will require distancing and if a large group cannot fit into a room with social distancing, then they will have to go elsewhere. Councilmember Ryan noted Mr. Gilchrist had mentioned something earlier about enforceability and asked if this ordinance language helps the City with enforceability of the emergency ordinance. 08/16/21 -11- Mr. Gilchrist stated lie believes subsection (e) helps the validity oi�tlie ordinance itself because the initial focus was imposing the mask requirement with certain exemptions but it did not get into the practical side of things with eating, drinking,and swimming. He thinks adding this language really helps make the ordinance more defensible. Councilmember Ryan stated he too found tllis discussion very helpful because Councilmembers tried to establish some sort of�ideal parametcrs but then finding that as a practical matter, we can only establish certain parameters and should conditions worsen, then the next step logically is to go into shutdown, which he hopes tlle City docs not have to do. In the interim, he thinks the original language is the best approach. Mayor l;lliott stated he is amenable to the original language ii� staff is able to provide social distancing rneasures, especially at the I�eritage Center. "I�he only thing he is uncomfortable with is the wording: `to the extent reasonably possible.' He noted the language require social distancing, but then only to the extent reasonably possible. Mr. Gilchrist advised that goes back to the defensibility of the ordinance because requiring something absolutely, regardless of cost or consequence, could raise questions re�arding the validity of the requirement. He noted we are talking about public buildings, so these are all governmental entities implementing the requirements. "I�hey are all partners with the City and there is a willingness to comply with the requirements so he thinks there will be a good faith effort to comply to the greatest extent reasonably possible. He advised that requiring more than that will raise questions regarding the ordinance. Mayor Elliott asked, with regard to our own buildings, what happens if staff says it is not reasonably possible to socially distance for an event. Dr. Edwards stated in that case, staff would say they can't do it reasonably to execute it. Mayar Flliott stated then if it is not reasonably possible to socially distance, the exception does not apply. Mr. Gilchrist stated the City Manager is hearing this discussion and concern so yes, the expectation is set and he can't imagine staff would just say, `we're just not going to do it because it will be too tough so we will ignore this requirement of social distancing or engaging other safety measures.' He does not think that is going to be a concern and as Dr. Edwards indicated, if staff can't socially distance folks, there are simply too inany people and we cannot accommodate them, then the directive to staff will be that the event has to be canceled. Mr. Gilchrist stated the wording "to the greatest extent possible' is a qualifier used in that reference. Mayor Elliott stated as long as we have that understanding, we are good to go. He asked the Councilmembers whether there is a consensus. Councilmember Ryan notcd the word ` reatest' was also added tonight. I Ic stated Mayor Elliott had asked great questions of the City Attorney and we are all reminded the law is a blunt instrument. Mayor I;lliott moved and Councilmember Ryan secondcd to adopt ORDINANCE 2020-02, An l;mergency Ordinance Amending Emergency Ordinance 2021-01 Providing Additional 08/16/21 -12- Exemptions to the Face Covering Requirement in Public 13uildings within the City, as amended. �'� Motion passed unanimously. � Mr. Gilchrist thanked the City Council for enga�ing in this discussion, which moves the City in a � positive direction and the ordinance more defensible. '� Mayor Elliott thanked Mr. Gilchrist and Dr. Edwards for their work on tl�is matter. �� 4. ADJOURNMF,NT �, Councilmember Ryan moved and Councilmember �3utler seconded adjow�nment of the Special City Council meeting at 10:12 p.m. I Motion passed unanimously. STA"I'E OF MINNESO"I'A) COUNTY OF I�IENNEPIN) ss. Certification of Minutes CITY OF BROOKLYN CEN"I'F,R) The undersigned,being the duly qualified and appointed City Clerk of the City of F3rooklyn Center, Minnesota, certifies: 1. 'I�hat attached hereto is a full, truc, and complete transcript of the minutes of a Special Session of the City Council of the City of Brooklyn Center held on August 16, 2021. 2. 'I'hat said meeting was held pursuant to due call and notice thereof and was duly held at Brooklyn Center City Hall. 3. rI'hat the City Council adopted said minutes at its September 13, 2021, Regular Session. �������� � �3arbara Suciu, City Clerk Mike Elliott, Mayor 08/16/21 -13-