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HomeMy WebLinkAbout2020 05-26 CCM Study SessionMINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA STUDY SESSION MAY 265 2020 CALL TO ORDER The Brooklyn Center City Council met in Study Session called to order by Mayor Mike Elliott at 5:26 p.m. The meeting was conducted via Webex. ROLL CALL Mayor Mike Elliott and Councilmembers Marquita Butler, April Graves, and Dan Ryan. Councilmember Kris Lawrence -Anderson was present but did not respond to Roll Call. Also present were City Manager Curt Boganey, Deputy City Manager Reggie Edwards, Finance Director Mark Ebensteiner, Police Chief Tim Gannon, City Clerk Barb Suciu, City Attorney Troy Gilchrist, and City Attorney Jason Hall. CITY COUNCIL DISCUSSION OF AGENDA ITEMS AND QUESTIONS City Manager Curt Boganey stated the City Council Meeting Agenda has been modified to include a notification that anyone who would like to comment during the Public Open Forum should notify the City Clerk and state their name and address before speaking. Mr. Boganey stated the Call to Order on the Meeting Agenda has been modified to indicate that people watching the meeting via Webex should keep their microphones muted and speak when called upon during the Public Open Forum. He added the Meeting Agenda, with these modifications, is available on the City website in the Meeting Packet. Mr. Boganey stated these agenda amendments will be discussed in more detail during tonight's Work Session. MISCELLANEOUS REPORT TO CITY COUNCIL REGARDING TOBACCO REGULATIONS Mr. Boganey stated at the City Council's last meeting, Councilmember Ryan made a request for City Staff to review new regulations regarding tobacco use and provide additional information, and potentially schedule a work session to discuss this issue. He added he spoke with advocates who are requesting City Council consideration of amendments to the City's tobacco Ordinances, related to the pricing of tobacco and other flavored and menthol tobacco currently being sold in Brooklyn Center. He noted information related to other communities who have taken similar action has been provided for the City Council's review. OS/26/20 -1- Mr. Boganey stated they indicated they have significant substantive documentation and information to present to the City Council regarding why they believe these changes should be made. Mr. Boganey requested the City Council's consideration of a Work Session, Mr. Ryan stated they have indicated a concern regarding the use of coupons for purchasing tobacco products, especially cheap cigars, as well as concerns about flavored tobacco and smokeless tobacco. He added they expressed concerns about vaping, which should perhaps be set aside until more facts and information are available and vaping can be fully addressed. Mayor Elliott stated this discussion could be added to the City Council's next work session. Councilmember Graves stated she would like to review this issue at a Work Session. She asked whether there is research available regarding unintended consequences of this type of legislation, in terms of losses for small businesses in the community. She added she has heard from gas station owners who were grateful that the City did not go any further than increasing the age of purchase and banning sales of flavored tobacco in tobacco stores. She noted she understands the health benefits of reducing tobacco use but stressed the importance of learning about the potential community impact on businesses and families on a micro level. Mr. Boganey stated he had a robust discussion about these types of issues with them, and what would be the unintended consequences to businesses. He added they indicated there is data to suggest that the restrictions enacted in other communities did not cause the dire economic consequences that were expected by small business owners. Mr. Boganey stated he also discussed the fact that an increase in prices of these types of products will negatively affect people who are addicted to tobacco, and these are generally the people who can least afford the cost increases. He added they indicated they will be prepared to make their case at a Work Session. LOCAL EMERGENCY LIMIT OF FIVE (5) PERSON VS. TEN (10) STATE LIMITATION FOR PUBLIC GATHERINGS Mr. Boganey stated the limitations and requirements related to COVID-19 have changed over the past few months, through a series of Proclamations and Resolutions. He added the City's current limitation of gatherings of 5 people is inconsistent with the Governor's new order, this will continue to change, and causes confusion. He noted City Staff are recommending City Council consideration changing the 5-person gatherings limit to be in alignment with the Governor's order, and a Resolution to this effect is being drafted by the City Attorney. He requested that this issue be added to tonight's meeting agenda. Mayor Elliott stated he agrees that it makes sense for the City to modify its regulations to be in line with the Governor's Statewide order. He added adjustments can be made as necessary. Councilmember Ryan agreed, adding he is pleased City Staff is taking this practical approach. He added standards that are not in line with the State's requirements could create practical and problematic issues regarding enforcement. OS/26/20 -2- CREATING LOCAL GOVERNMENT FLEXIBILITY TO IMPLEMENT THE GOVERNOR'S STAY SAFE ORDER FOR RETAILERS, CHURCHES AND OTHERS Mr. Boganey stated with the Governor's latest Statewide order, "Stay Safe", went into effect last week, and additional changes from last week include a June 1 date for bars and restaurants to be allowed to open outdoor seating. He added the order also affects churches and other organizations, which went into effect this week. He noted many cities have initiated emergency actions that allow cities to respond to new Statewide regulations with flexibility. Mr. Boganey stated some of the new Statewide regulations relate to uses that are not lawfully allowed under existing Code, including land use, zoning, outdoor patios, use of parking lots. He added the City will need to respond to new regulations, and to be flexible about modifying Code to accommodate these changes. He requested that the City Council consider adding a new Agenda Item to this evening's Agenda, and to table the item this evening and schedule another meeting to a date certain, as early as Friday, for the City Council to review and adopt standards for regulation, and to give authorization to City Staff to relieve businesses from restrictions. Mayor Elliott stated it has been his understanding, in discussions with the City Attorney, that the Mayor has the responsibility to modify existing regulations during an emergency, and that City Staff can work with the Mayor to enact changes. City Attorney Troy Gilchrist stated many cities have begun a process wherein regulatory flexibility or waivers -are granted by Resolution to amend procedures that would normally be addressed under Zoning approvals that, in this case, would take too long. He added a Resolution adopted by the City Council rather than a formal emergency Ordinance is a growing trend. He noted City Code does give the Mayor authority to enact emergency regulations. Mayor Elliott stated City Code gives the City's elected officials the authority to modify ordinances to support emergency regulations, so there is still an oversight function. He added not all cities are the same and have Charters that are different. He noted many cities do not invest this type of authority in the Mayor and may not have the same provisions in their Charter. He asked whether Mr. Gilchrist has any examples of other cities' Charters, and what actions they are taking. Mr. Gilchrist stated he :isr not aware of other cities that have language giving authority to the Mayor to authorize emergency Code regulations. He added the challenge would be how to enact regulations about certain issues when it is unclear what flexibility would be needed. Councilmember Ryan stated Brooklyn Center has a "City Council/City Manager" form of government, as laid out in the City Charter. He stressed the importance of working expeditiously, and together, to enact changes. He added he would be willing to table this issue as recommended by the City Manager for action by the City Council on a date certain as early as Friday, May 29, 2020. Mayor Elliott stated this issue could be reviewed at a future City Council meeting. OS/26/20 -3- Mr. Gilchrist stated the authority to enact Emergency Proclamations will end m 30 days. ADJOURN STUDY SESSION TO INFORMAL OPEN FORUM WITH CITY COUNCIL Councilmember Ryan moved and Councilmember Butler seconded to close the Study Session at 6:48 p.m. Motion passed unanimously. RECONVENE STUDY SESSION The Study Session was reconvened at 6:50 p.m. CREATING LOCAL GOVT FLEXIBILITY IN STAY AT HOME ORDER FOR RETAILERS, CHURCHES AND OTHERS (CONT'D) Mr. Boganey asked whether the City Council would support regulations as discussed in place by June 1, 2020. He added, if so, it should be added to tonight's Regular Session Agenda. It was the majority consensus of the City Council to add Study Session Agenda Item 2c — Consider Emergency Regulations Resolution, to the Regular Session Agenda, Item IOb. ° Mr. Gilchrist stated the City Cotzncil's.input and feedback is requested by City Staff. He added the meeting can be continued to later in the week to give City Staff time to prepare the appropriate documents. He noted he would be attending another meeting, but his colleague, Attorney Jason Hill, joined the meeting in his absence. ADJOURNMENT The Study Session was adjourned at 6:59 p.m. Motion passed unanimously. OS/26/20 -4- STATE OF MINNESOTA) COUNTY OF HENNEPIN) ss. Certification of Minutes CITY OF BROOKLYN CENTER) The undersigned, being the duly qualified and appointed City Clerk of the City of Brooklyn Center, Minnesota, certifies: 1. That attached hereto is a full, true, and complete transcript of the minutes of a Study Session of the City Council of the City of Brooklyn Center held on May 26, 2020. 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 June 8, 2020, Regular Session. Barbara Suciu, City Clerk Elliott, Mayor OS/26/20 -5-