HomeMy WebLinkAbout2021 09-27 CCM Study SessionI
MINT S OFTI IE PROCEEDINGS oi,"rfu i CITY COUNCIL
OFTI-1171 CITY OFI3I-1,O0KLYN CENTER INTHE COUNTY
OFHENNEPIN ANT) THE STATF Of,'MINNESOTA
STUDY SESSION
SEPTEMBER 27, 2021
CITY HALL - COUNCIL CHAMBERS
CALL TO ORDER
The Brooklyn Center City Council met in Study Session called to order by Mayor Mike Elliott at
6:03 p.m.
'Mayor Mike 1',Illiott and Councilmernbers Kris Lawrence -Anderson, and Dan Ryan. Also present
were City Manager Reggie E'dwards, City Attorney'l"roy Gilchrist, and City Clerk Barb Suciu.
CITY COUNC11, DISCUSSION OF AGENDA ITEMS AND QUEsTIONS
Councilinember Ryan stated he had a question of item I Ob, Emergency Ordinance 2021-02 Sunset,
,for the City Attorney. Councilmember Ryan stated the first option is to take no action and let the
emergency ordinance run out and the other option is to extend [lie ordinance. Councilmember
Ryan asked for clarification on the process and necessary motions to do that.
City Attorney Troy Gilchrist noted under the City Charter, an enrergeney ordinance expires on the
61st day after adoption. Mr. Gilchrist stated extension would require a motion to adopt the
emergency order and a unanimous vote by the entire Council.
Councilmember Ryan thanked Mr. Gilchrist for the clarification. Councilmember Ryan stated, as
far as option one, that could simply be by consensus that inembers of the Council express a lack
of interest in taking an action. Mr. Gilchrist stated Councilmember Ryan is correct, Mr. Gilchrist
added ifsorneone does make a motion to adopt by voting against that, that would allow the initial
order to run its course in the end.
Councilmeniber Graves asked why it needs a unanimous vote this time whereas the first time it
did not, Councilmember Graves noted she voted against it the first time. Mr. Gilchrist stated it
did require a unanimous vote the first time. Mr. Gilchrist clarified Councitmernber Graves voted
against the emergency declaration the first time.
Councilmember Graves asked what the difference is, Mr. Gilchrist explained the unanimous vote
for an emergency order is simply because the charter requires it. Mr. Gilchrist stated when it gets
to the emergency declaration, that gets to statute and requires only a majority vote of the Council.
Councilmember Graves asked if this vote is to require a mask mandate. Mr. Gilchrist stated
Councilmember Graves is correct.
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Couricilmember Graves asked when the, vote on the emergency declaration would take place, Mr.
Gilchrist stated the emergency declaration that the Council extended after the Mayor declared air
emergency, happened because the Mayor's emergency declaration only lasts three days without
air extension from the Council. Mr. Gilchrist stated the same day that, the Mayor enacted the
emergency declaration, the Council extended it by a majority vote. Ile explained the way it is
written is that the extension continues until the Council takes an action to end it. Mr. Gilchrist
stated another terminating event is if the Governor were to declare an emergency, but that does not
seem likely.
Councilinernber Graves stated she is still contused.
Councifinernber Ryan stated this needs clarification. Ile -felt the Council was on board with, the
most sensible and safety -affirming action they could take, which was masks in this case.
Councilinember Ryan stated as far as the Mayor's emergency is concerned', they could end the
emergency declaration by resolution but continue the mask mandate, which he believes they all
Mr. Gilchrist stated the fact that both are predicated by "emergency" gets confirsing. Ile explaured
the mask ordinance is based on the charter that allows the Council to act when they determine that
an emergency exists and need to place emergency actions on soniething, which was the wearing
of face coverings in government buildings in this case. Mr. Gilchrist stated, under the Chatter,
that ordinance is enacted by unanimous vote, and that can be in effect tip until 61 days. Mr.
Gilchrist stated the Council does have the authority Linder the Charter to adopt a new one to extend
it beyond the 61 days, and that is what is on the agenda today. Mr. Gilchrist stated today they will
consider whether to adopt an ordinance to extend the mask mandate.
Mr. Gilchrist stated the emergency declaration, under the statute, the Mayor declares and the
Council extends, Mr. Gilchrist stated this continues until the Council declares it is over.
Couticilmember Graves noted it seems backward to her. She asked if she has to prepare the
resolution or ifstaff could prepare it to end the emergency declaration. Councilmember Graves
stated she will vote in favor of extending the mask mandate tonight, but she wants to readdress the
emergency declaration.
C,oun ci I in ember Ryan stated he concurs entirely with Councilmernber Graves, Ile stated the rise
of the term "emergency" and the different criteria required for the Council to act created some
confusion. Councilmernber Ryan stated he appreciates Counciltirember Graves' direction and
would agree with creating a resolution to end the emergency order while voting to continue the
mask mandate.
Counciltriember Graves asked if' there are any other Courici [members interested in the staff
preparing something to readdress the Mayor's emergency declaration.
Councilmember Lawrence -Anderson stated she concurs with Councilinember Graves.
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C,ouncilinernber Ryan stated lie concurs with Councilmerriber Graves as well.
Councilrn ember Graves stated she believes that is consensus.
Mayor Mike 1-�Iliott stated the staff will prepare something for consideration at the next meeting.
City Manager Reggie t?dwards continued the staff' will work on that.
Counciltriernber Graves stated site had a comment to add unless staff thought that the issues with
city events are time -sensitive, Councilineruber Graves requested a revision to the Study Session
agenda to consider Miscellaneous Item a) Council Involvement City Events after Miscellaneous
Item b) Commission Appointments.
Dr. 1,dwards stated the Council Involvement City Events is not time -sensitive, so they do not have
a problern with switching those two around.
MISCELLANEOUS
b. Commission Appointments
Mayor Elliott stated there are three commission appointments: one to the Planning Commission
with a second application corning at the next meeting, and two to the Parks and Recreation
Commission. The, applicants are Kau Griannu for the Planning Commission, David Lopez -
Sanchez to the Parks and the Recreation Commission, and Paul Carey to the Parks and Recreation
C',orrunission,
Mayor Elliott stated David Lopez -Sanchez has been a resident ol'Brooklyn Center and Brooklyn
Park area for the past 12 years, and he is a young man who is in college and working but is
connected to the Latino community. This particular applicant cane about through connecting with
a liaison. Mayor Elliott stated Mr. Lopez -Sanchez is excited to serve oil the Con-unission, and be
thinks he will add to the Commission.
Mayor Elliott stated the appointment to the Planning Commission is Kati Guannit, Mayor F'.1hott
stated she grew up in Brooklyn (,.enter, and served as a part of the Brooklyn Center Youth Council.
She is now all attorney in ernployrnent law and has all interest in serving on the planning
Commission.
Mayor Elliott stated Paul Carey is another applicant for the Parks and Recreation Commission and
he has also been a long-thrie member of the Brooklyn Center community and is looking to serve.
Mayor Elliott stated those are the three appointments. Mayor Elliott added he made a trip to the
New Millennium Academy and met with the CEO there to work on getting some folks fi%oni the
11niong community to be a part of the Commissions. Mayor Elliott stated he thinks this brings
thern further along, and they should have more appointments coming up also.
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Councilmember Graves stated she is excited to hear that there will be two additions to the Parks
and Recreation Conniussion as she is the liaison for that Commission. She noted they have gone
through a lot of changes such as additional missions and focus areas, as well as the Park Director
retiring and COVID-19 and two long-time Commissioners passed away, Councilinernber Graves
stated she hopes that the Parks and Recreation staff has gotten the bench that the Commission
requested to honor terry and Torn. Councilmember Graves stated she is grateful for the new
members and to the long-time Chair and is wondering if' he has had air application and it'his
application was renewed anytime recently.
Mayor Elliott stated lie had reached out to the Chair to set tip a meeting, and they missed each
other over the holiday weekend. Mayor Elliott stated he does plan to rneet with Arvid Sorenson,
and he thinks it would be great for the Chair to continue to serve.
Councilinember Graves stated Mr. Sorenson has been a great, steady source, and he has a lot of
history in the City and on the Commission. Councilinember Graves stated she has seen him be
very welcoming and grounded in how he approaches the meetings. Councilmember Graves stated
she would like to see his application in and renewed.
Councilmember Graves added the other person she would like to see is Travis. Mayor Elliott
stated lie believes that Travis' application was renewed.
Councilmcniber Graves stated Travis has been wanting to serve since 2019. She asked how many
seats there are on the planning Commission, Mayor Elliott stated after tonight there will be one
niore, application, and he has one more I luiong applicant that they should be ready to appoint at
the next meeting.
Councilmember Graves stated she is wondering if people have been waiting for two years, has the
staff reached out to see if they are still interested and willing to commit. She added she knows that
there is a packet one must look over before applying, and she is wondering if within the packet
there is a commitment to attendance and serving that term to the best of one's ability.
Councilinernber Graves stated she wants to be understanding if life happens, but she wants to make
sure people are, showing up, especially when you need a quorum to make something happen and
that the Planning Commission has so few seats, Councilmember Graves stated there can be some
dire consequences on the City's ability to move forward with business.
Councilmember Graves stated she appreciates Mayor Elliott reaching out to get more diverse
community members and young people to serve, Councilmeniber Graves stated she agrees with
the Mayor's suggestion to potentially compensate people for their time, and she wants to have that
discussion in the next budget year. Councilmember Graves stated she does think they need to find
a balance in maintaining some consistency and the roles being filled, She wants more diverse
ideas while irtaintaining the historical knowledge of the rules and procedures and expectations
about commitment.
Mayor Elliott stated adding a commitment to serve on the form is something they can do.
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City Clerk Barb Sueju noted there is a question on the application asking the applicant if they are
aware of the commitments and meeting times required of the role. Ms. Suciu added they have five
Park Service Districts, and there is one District that is still unrepresented, so she wanted to make
sure the Council was aware of that also. Ms. Suciu stated they will have three representatives For
Park District 3, park District I has two representatives, Park District 2 and 5 only have one
representative, -aid park District 5 does not have any.
Councilmember Graves asked what area ofthe city Park District 5 is located in. Ms. Suciu stated
Park District 5 is South of Northport kind of by I I ighway I W
Mayor F'Iliott stated they have one applicant who is interested in serving in that area, but they also
have a part-time job in the City so that doesn't allow them to serve, Mayor E'lliott stated they do
Dave one more spot that they can recruit someone frorn that area for.
Ms. Suciu stated that would be seven on the Commission. Mayor Elliott stated he thought there
were three openings on the Parks and Recreation Commission. Ms. Suciu explained there are two
vacancies and three expired terms.
Councilmember Graves stated she suggests they reappoint two expired terms for 'l'ravis and Arvid
Sorenson and then the two vacancies can be filled tonight with the recommendations the Mayor
was presenting. Councilmember Graves stated that would leave one opening for Gale E.'s
position.
Mayor E'lliott stated he is fine moving forward with that.
Councilmember Graves stated she is not trying to rush the Mayor to do it tonight, but the applicants
sound like great options that they haven't had before and come from more diverse communities,
She stated they could put it onto the next agenda if the Council wants to see the applications.
Mayor Elliott stated he can bring those back at the next nieeting and That is not a problem Im him
to do.
Councilmember Lawrence -Anderson stated she appreciates Mayor Elliot's outreach and since the
Council votes on them, she would like to see the applications. She wants to make sure that all
Park Districts are represented on the Parks and Recreation Commission and their Council can look
at it as a whole, Councilmember Lawrence -Anderson added if appointments are displacing anyone,
she would like to know about it. She would like to move it to the next agenda, but she would defter
to the consensus of the Council for final thoughts.
Mayor Elliott stated lie would like to move forward with the appointments because the Parks and
Recreation Commission will, still have a slot on it where they can make sure they are representing
the fifth Park District, Mayor Elliott noted both the Planning Commission and the Parks and
Recreation Commission have had some challenges in making meetings happen. Mayor Elliott
stated he hears what the Council is saying and they will do a full overview at the next meeting, but
he added would strongly Suggest that they make those appointments that evening still.
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Councilmen-iber Lawrence -Anderson stated Mayor Elliott said they only had two applicants, but
three appointments are being considered. Couricifinernber Lawrencc-Anderson asked if they are
considering an appointment for someone who hasn't applied.
Mayor Elliott stated that is incorrect, and there are three applicants. Mayor Elliott explained the
three applications are fi-orn Kau Guannu l'or the Planning C'orrinussion, David Lopez -Sanchez to
the Parks and the Recreation Commission, and Paul Carey to the Parks and Recreation
Commission.
Counciftnernber Lawrence -Anderson thanked Mayor Elliott for the clarification.
C ouncilinember Butler stated she, is fine moving it to the agenda later in the night if they have a
consensus.
Counciltilember Ryan stated he appreciates Courici Im ember Graves stepping forward on this and
the iniperative to move on Planning Commission appointments because they are all, interested in
expediting worthy Projects. He would be fine with moving forward on the Planning Commission
that night, but he thinks they ought to look at depth and balance in the new appointments and
reappointments on the other Commissions, Councilmember Ryan stated it has been a conservative
mind for some time, and he would like for them to work together oil resolving those issues on the
other Commissions,
Councillnember Lawrence -Anderson noted she received the final applications, and she is fine with
doing whatever the rest oil' the Council would like to do. Councilineinber Lawrence -Anderson
stated she would like to look at vacancies and expired terms at the next meeting.
Mayor Elliott stated they could do that, but he added he would like to move forward with those
appointments that evening as they have had issues meeting quortim.
Councilmember Graves stated she is okay with moving forward with the appointments Mayor
Elliott was suggesting, both to the Parks and Recreation Commission and the Planning
Commission, She agrees with, other Councilmenibers about having all of the information in front
ofthern and being able to look at the applications being submitted, who is applying, and what other
variables there are to make sure that they are getting variety, switching things up, getting different
ethnic groups, as well as different areas of the City, Councilinember Graves stated she also wants
to see the two names she already mentioned from, the Parks and Recreation be a part of that
discussion. and she will advocate for them at that time.
Mayor Elliott stated they will revise the Regular Session to add Council Consideration Item I Oc.
Coninlission Appointments.
I It. Council Involvement City Events
City Manager Reggie Edwards stated staff wanted to raise a conversation with the Council related
to how the Council would like to be informed of different events such as Departmental meetings
or neighborhood gatherings. Dr. Edwards asked if the Council would like to be informed of those
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through the weekly update or to have them added to the calendars, Dr. Edwards stated that
weekend they had an art unveiling at Brooklyn Center Transit Center and another one at an art
workshop that took place in a park, Dr. Edwards stated when those events happen, lie is not sure
if the Council wants them on their calendars or if they want air invite at all. Dr. Edwards stated lie
doesn't want those to be confused with other Council events and meetings, noting the number of
city events Could be in the double digits. Dr. Edwards stated lie wants to keep the Council engaged
with the multitude of events going on in the area.
COUncifinember Graves stated she would prefer to have an invite on her calendar. She thinks that
is the easiest way to see the week ahead rather than through emails. She suggested staff color code
the events where Council meetings could be one color, development meetings could be another
color, and city events could be yet another color.
C,ouncilinernber Lawrence -Anderson stated she would like to see everything on the calendar and,
as Councilinember Graves said, a color -coding system would be great, Councilmeniber Lawrence -
Anderson stated she would like to use the calendar to plan the week or the weeks ahead.
Councilmeniber Butler stated she agrees and would love to have it on the calendar as well and
color -coded,
Councilmember Ryan stated his fellow Councilmenibers have the right idea. Ile would like a
laundry list of all the events because lie knows that all of them use the weekend update carefully.
Councilmeniber Ryan stated if they don't think to look at their calendar, then they look to that
update and find a range of things that are coming up, some of'whieh they are expected to attend
and others are optional for them to attend. Couneilmember Ryan stated he thinks the combination
would be most helpful.
Councilinember Graves agreed with Councilmeniber Ryan as well because she uses those updates
when she goes to different Commission meetings, She stated it is really Helpful to have the update
list in front of her at the meetings and bring to the lorefront some of the most important things and
to also do some face-to-face marketing and outreach, Councilmember Graves stated she finds
those updates helpful.
Councilmember Lawrence -Anderson stated she completely agrees with Councilulember Graves
that those are helpful to share with the Commissions, She stated the only question she has is related
to the open meeting law. Councilmeniber Lawrence -Anderson asked how would they handle that
if at the last minute they are all going to be somewhere or do they just police themselves at some
point.
Mayor Elliott noted that is the question he had as there has to be some kind of system where they
can either accept or decline a calendar invite before attending. Mayor Elliott stated they could
otherwise let the City Clerk know whether they will be there or not. Ile asked if the open meeting
law does apply if they receive information altogether or if it is for discussions.
Mr. Gilchrist stated this is one of those difficult aspects of the open meeting law. Fle stated it does
refer to the gathering of a quorum to discuss or receive information, so even though no decisions
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are made or there is not even discussion among the members, even receiving in-forniation at the
same time triggers that open meeting law. Mr. Gilchrist stated the idea of' informing staff` to
indicate that a Councilinernber maybe there could work as it requires three days' notice if there is
going to be quorum gathered somewhere. Ile stated staff could post a notice if they think that
quorum or more may be in attendance at a. meeting. Mr. Gilchrist that is the language they rise in
case a quorum would occur.
Mayor E,'lliott stated about three days before an event, the Councilmembers should notify the City
Clerk if they are attending a meeting so sta.fTwould know to share a notice. He stated if multiple
people want to attend an event, perhaps they can have an understanding that they will have to
figure out who can and cannot attend. Mayor Elliott stated he hasn't seen too many instances
where they have been faced with this issue, so he thinks it is something they can work through as
long as they are all communicating with the City Clerk,
Councilmember (3raves stated she doesn't want to seem blas6 about the law in this case, but asked
if it was possible for that to just be the boilerplate go -to on some of those comniunity event flyers
where people know the Council is going to be invited. Councilmernber Graves stated it would be
lielpftil to check in with the City Clerk, but ultimately in that situation, it is on the Council to just
stay away from each other and spend the time talking to the community and not each other.
Council ember Graves stated she doesn't know if that is sufficient enough but thinks it rnay be
enough and avoid an overcomplicated, process.
Councilmember Graves stated if it is something that needs to be so regimented, they could have
people potentially pick a tinie slot and have people show up during that time slot that only overlaps
with one other Councilinember,
Dr. Edwards stated it takes a little bit of" coordination to Figure out a particular process for staff to
sort through the events because the City Clerk might not always know about all of the events. Dr.
Edwards suggested staff come back to the Council with some options on how they may pursue
this.
Mayor Elliott stated if there are further suggestions, they can email him.
Councilmernber Ryan stated lie is fine with that option, and he can bring up some suggestions with
Dr. Edwards.
b. Commission Appointments
This item was considered betbre Item 2a.
ADJOURN STUDY SESSION TO INFORMAL OPEN FORUM WITH CITY COUNCIL
Councilmember Lawrence -Anderson moved and (,ounciltnernber Graves seconded to close the
Study Session at 6:47 p.m.
Motion passed unanimously.
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STATI, Ol,'MINNII,'SO'I'A)
COUNTY OF I IENNEPIN) ss, ("erti fi cation of Minutes
CITY OF BROOKLYN CTI,'NTER)
The Undersigned, being the duly qualified and appointed City Clerk of the City of Brooklyn Center,
Minnesota, certifies:
1. That attached hereto is a frill, true, and complete transcript ofthe min -cites of a Study Session
ofthe City Council of the City of Brooklyn Center held on September 27, 2021,
2. That said meeting was field pursuant to due call and notice thereof" and was duly held at
Brooklyn Center City Hall.
3. That the City (,.,oLincil adopted said minutes at its October 11, 2021, Regular Session.
ALL &-
City Clerk
Mayor
09/27/21 -9-