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HomeMy WebLinkAbout2020 09-28 CCM Work Session09/28/20 -1- MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA WORK SESSION SEPTEMBER 28, 2020 CALL TO ORDER The Brooklyn Center City Council met in Work Session called to order by Mayor Mike Elliott at 8:31 p.m. The meeting was conducted via Webex. ROLL CALL Mayor Mike Elliott and Councilmembers Marquita Butler, April Graves, Kris Lawrence- Anderson, and Dan Ryan. Also present were City Manager Curt Boganey, Deputy City Manager Reggie Edwards, City Clerk Barb Suciu, and City Attorney Troy Gilchrist. COUNCIL DIRECTION FOR CITY ATTORNEY CONTINUED FROM STUDY SESSION Discussion continued from the Study Session, regarding Council direction for the City Attorney. Councilmember Ryan asked Mr. Gilchrist how many times he has met one-on-one with the Mayor. Mr. Gilchrist stated recently the Mayor has requested meetings every other week to get updates on what he is working on for the City Council. He added there was no regularly scheduled contact before that. Mayor Elliott stated he requested half-hour meetings with the City Attorney. Councilmember Ryan stated he does not have a problem with requests for information from the Mayor being reviewed by the City Attorney. Councilmember Ryan asked whether this time is billable hours for the City. Mr. Gilchrist confirmed this. Councilmember Ryan asked what Mr. Gilchrist’s billable rate is. Mr. Gilchrist stated he charges the City $171/hour, billed in six-minute increments. He added this is an ongoing standing contract that has been in place for decades. Councilmember Ryan expressed his appreciation for Mr. Gilchrist’s hard work and that of his predecessor. Councilmember Ryan stated the City Manager should always be informed when requests are made for research or preparation of resolutions and documents, including any interactions with the City Attorney. He added the system is most functional when members have a work session, arrive at a consensus, and then, on the advice of the City Manager, determine an appropriate course of action. He noted past City Councils have functioned well when they follow sound procedures, ensure orderly deliberations and provide results and decisions determined by the majority. He stressed 09/28/20 -2- the importance of the public’s trust and confidence in the City Council and their ability to function in an effective, efficient manner. Councilmember Ryan stated all City Councilmembers are equal in policy matters and have equal access to the City Manager and City Attorney, which should be used in a limited manner. He added he is concerned that the City Manager will be left out of policy discussions, which would be inefficient and not transparent. He added the City Council has been forced to do things differently this year in terms of process due to Covid-19, but the process has generally been effective over the years, and gives the work of the City Council greater strength and integrity. Mayor Elliott stated he often works with both the City Manager and City Attorney. He added he asks the City Attorney questions and forwards the question to the City Manager as well. He added it is not lost on him that this is an important component of the issue. Councilmember Butler stated she does not have an issue with it as long as there is no significant budgetary concern. She added, however, she can respect other people’s feelings towards this issue. Mayor Elliott stated he is aware of the cost and time of meetings he schedules with the City Attorney. Councilmember Ryan stated he does not have any problem with brief inquiries for information. He added he is pleased that the Mayor is aware of the length of his meetings. He stressed the importance of considering the best process that gives the greatest effectiveness and functionality. Councilmember Graves stated the Mayor was required to make emergency policy decisions at the start of the pandemic. She added, in that situation, she understands the Mayor’s request for time with the City Attorney. Councilmember Graves stated an issue that has given her pause is the 252 Task Force, which she felt was a rushed decision, and she is not even sure whether the City Attorney advised on that decision. She added there should be more representation on the Task Force in terms of diversity, ethnicity and age, businesses as well as residents, and residents from other locations within the City. She noted the process created confusion for people working on the project and other jurisdictional partners, but also slowed the process down. Councilmember Graves stated she wants to be transparent and offer another example of something she has reflected on, seeing both ways in which the City Council can improve, and how positive outcomes can come out of a mistake. Councilmember Ryan stated he appreciate Councilmember Graves’ mention of the Highway 252 Task Force. He agreed that was a case of a decision that was rushed, as the City Council was getting a lot of pressure from a neighborhood group that was up and running. He added the City Council should not allow that situation to set a precedent, through which a neighborhood group determines their membership, dictates their own actions and yet represents the entire City. He noted he feels it is important to be deliberate and make decisions in a timely manner. 09/28/20 -3- Councilmember Lawrence-Anderson thanked the City Attorney for bringing this issue to the Council’s attention and providing transparency. She added the City Council should be kept informed about these types of issues, so everyone knows what is happening. She noted she would not personally contact the City Attorney without contacting the City Manager first. She noted her primary concern is with transparency. Mayor Elliott stated he agrees with everyone’s comments in substance and spirit. He added he communicates with the City Attorney but would involve City Staff when he wants to move something forward. He noted both the City Manager and the City Attorney report directly to the City Council. His view is that City Staff works for the City Council, which has the ultimate responsibility as the elected body. Mr. Gilchrist stated the Mayor has the authority to exercise emergency powers effectively, as shown in recent history. He added, however, it would make sense to review issues related to policy with the City Manager and City Council. Mayor Elliott stated his view is that if a policy issue is in early draft stages, it may throw people off and raise more questions by sending it to everyone. He added, when the policy is ready, he would communicate with City Staff and the City Council, otherwise it might cause more questions than necessary. Councilmember Ryan stated he would like to get the City Manager’s input on this issue. He expressed his opinion that anything related to policy should be reviewed by the City Manager first. He referred to an incident earlier in his service on the City Council when a Councilmember did not involve the City Manager in re-writing the rental licensing 0rdinance. Mr. Boganey stated the City Manager, as well as the City Attorney, work for the City Council as a whole and not for individual members. He added transparency is a very important consideration when policy issue discussions do not occur before the whole City Council in a public meeting with deliberation and discussion. He stressed the importance of a transparent process, which can be addressed by making any draft documents available to the City Manager and City Council. He noted the City Council should have knowledge of what is being discussed or proposed, to maintain City Council responsibility and authority, as all Councilmembers are equal with regard to policy development. He stressed the importance of ensuring that the entire body is informed. Mayor Elliott stated this is a continuing discussion and he welcomes any Councilmember who wants to work on policies that will help improve the City and its residents. He added he knows of councilmembers on other councils who develop and work on initial drafts of policy in consultation with their city attorney, and seek council input only when legal questions have been answered, and if further council direction is required. He noted it helps to do the initial work first, and flush things out with the City Attorney. He stressed the importance of being mindful of how the resource is being used. Councilmember Ryan stated the City Manager just explained the appropriate course of action that is in the interests of transparency and citizen engagement. He added what the Mayor is describing sounds like a process that is unmanageable, if it results in each Councilmember having equal claim 09/28/20 -4- to the City Attorney’s time. He noted the process has remained the same over past Councils that had different goals and priorities, but the process has produced policies and ordinances and have served the City well while conserving resources and increasing functionality and transparency. Mayor Elliott stated there are things that he talks directly with the City Manager about that he has not discussed with the City Attorney. He added he feels it is important to have the discretion to be able to work in a way that makes sense on a case-by-case basis. Councilmember Lawrence-Anderson stated there should be a Council discussion if a Councilmember wants to change a policy, and City Staff can be directed to consult with the City Attorney. She added she does not support any Councilmember going directly to the City Attorney to change a policy if the balance of the City Council does not know about it. She noted any policy changes should be discussed as a Council to determine if there is a consensus. She noted this is an amendment to her previous comments. Mayor Elliott stated he wants to get more information if he wants a policy changed, and that includes clarification from the City Attorney. He added he needs to be well-informed enough to be able to speak about a specific issue, so it makes sense for him to initiate a conversation with the City Attorney, who is a resource for the City Council. He noted advice from the City Attorney will ultimately give direction to the City Council instead of going into something blindly. Councilmember Lawrence-Anderson stated she does not have an issue with the Mayor asking questions about a policy, but she has concerns with the Mayor preparing draft policy documents in advance of the City Council knowing anything about it. She added the Mayor would not be able to copy in the City Council as that could potentially violate the Minnesota Open Meeting Law. She noted creation of a draft policy without the full Council awareness is not transparent. Mayor Elliott stated he has experience and understanding of other councils where members work on policy and present it as a draft to their council if their city attorney is involved in the process. He added, in other councils, members work with their city attorney to draft policy, and present an initial draft to the city council. Councilmember Ryan stated the City Council are all members of the same deliberative body, and it has been the practice of the City Council to act collectively. He added a Councilmember’s ideas should be reviewed by the City Manager, after which a work session could be scheduled for City Council deliberation and decision on a course of action. He noted many issues will go through the City Attorney anyway, but initial questions should be addressed by the City Manager, and new policies or new actions should not be initiated by an individual Councilmember, but rather deliberated as a group in work sessions to determine a consensus. Councilmember Ryan stated the process should allow for the greatest transparency or it will be inefficient and unworkable, and to avoid conflict with Open Meeting Laws. He added he supports allowing members to contact the City Attorney occasionally for brief questions. He noted the privilege should not be overused. 09/28/20 -5- Councilmember Butler stated, in light of comments made at the last City Council meeting, she would like to move this discussion along. She asked Mr. Gilchrist if he could ask a specific question or questions, to determine whether there is City Council consensus. Mr. Gilchrist asked the City Council to indicate whether they support individual Councilmembers consulting with him regarding policy matters and preparation of policy documents upon request before these matters have been reviewed by the City Council as a whole. Councilmembers Lawrence-Anderson and Ryan stated no. Councilmember Butler stated she is okay with it but there should be parameters with regard to capacity and budget. Councilmember Graves stated this issue brings up more questions for her. She asked what the City Attorney’s capacity for would be for having multiple Councilmembers reaching out, and maybe there could be a flat rate instead of hourly rate. She added she contacts the City Manager when she has questions or comments, but he does not get paid for those calls, like the City Attorney does. She noted transparency makes a big difference, and the process should be deliberative. Councilmember Graves stated she does not have a problem with Councilmembers brainstorming with the City Attorney as long as it does not have an impact on time and budget. She added potential new policies should be reviewed by City Staff to evaluate the impact on operations and discussed by the City Council in work session to provide time for deliberation. She noted she understands how it would be beneficial, but transparency is of the utmost importance, and City Staff should be allowed to evaluate the impact of whatever will be written into law. Mayor Elliott stated the City Council raised important issues and ideas to take into account, like exploring a flat rate, putting parameters around the process, assessing the impact on operations, and giving the City Council sufficient time to assess and deliberate on policy issues. He added he agrees with all of those points. Mayor Elliott asked Mr. Gilchrist whether he has sufficient clarification. Mr. Gilchrist stated it sounds like the majority of the City Council responded yes, but with parameters and limits. He added he wants to make sure that the City Council is not surprised by policy issues that may come before them for review. Mayor Elliott stressed the importance of discussing these issues, to help the City improve and become a community that others will emulate. He added he appreciates everyone’s perspectives and opinions, even when they do not agree. He noted he approached this discussion without any attachment to the outcome, and he intends to honor what collectively comes out of the discussion. SNOWMOBILE AND RECREATIONAL VEHICLE ORDINANCE DISCUSSION Community Development Director Meg Beekman requested City Council consideration of a proposed Ordinance that would prohibit the use of snowmobiles and ATV’s on private property. She added this issue was raised due to recent ongoing complaints of snowmobile and ATV use at 09/28/20 -6- one particular property, and there have been other complaints in the past that were few and far between. Ms. Beekman stated the City Code does not limit use and operation of snowmobiles and ATV’s on private property or public roadways. She added most metro area communities limit the use of these vehicles on private property and public roadways. She noted the exception would be trails specifically designated for those types of vehicles. Ms. Beekman stated the current Ordinance restricts the use of snowmobiles on public streets and roadways, but does not address the use of snowmobiles on private property. She added there is no information in the Code regarding ATV’s. She noted the proposed Ordinance would add ATV’s, off-highway motorcycles and recreational vehicles to this category, but motor homes would be excluded, as they can legally be driven on roadways when licensed by State Department of Motor Vehicles. Councilmember Butler stated she would support having the Housing Commission review this issue. She added hopefully they can review it at their October meeting. Councilmember Graves stated she is not opposed to having the Housing Commission review this issue. She asked what the complaints were, and how many were received. Ms. Beekman stated a particular property owner built a track and was operating a snowmobile on their private property. She added there were numerous complaints from neighbors related to noise and fumes, and complaints about ATV’s and off-road motorcycles being operated on City streets around the neighborhood. She noted there have been a cluster of complaints over the past 8-9 months related to one particular property. Ms. Beekman stated no enforcement actions were taken because there was no existing Ordinance to address this issue. She added City Staff followed up with the property owner and asked them to be cognizant of noise and odor impacts. Councilmember Graves asked whether the Noise Ordinance would apply in this case. Ms. Beekman stated the Noise Ordinance relates to a list of specific activities, such as road construction, during certain times of the day. Councilmember Graves stated there may be some other potential avenues, depending upon whether this is a safety issue or a nuisance issue. She added she is reluctant to create an Ordinance based on one property that neighbors are complaining about. She noted she would support having the Housing Commission take a look at this issue and have them weigh in, but she is not committed to pursuing this course of action. Councilmember Ryan stated the functionality around this is a nuisance Ordinance for the use of vehicles on private property. He added most cities have this type of ordinance to prevent damage to roadways and trails that are not designed for snowmobiles and ATV’s. He noted the types of 09/28/20 -7- trails that are maintained for the purpose of use by recreational vehicles are typically not found in the metropolitan area. Councilmember Ryan stated there is a nuisance aspect to allowing snowmobiles and ATV’s on private property in residential neighborhoods. He added there may not be many ATV users in the City. He noted he would support sending this issue to the Housing Commission for review, and potentially find out if there are other residents who would be impacted by this potential restriction. Councilmember Graves asked whether use of ATV’s is allowed in public parks. Ms. Beekman stated snowmobiles are prohibited on public land, but the Code does not address ATV’s and other recreational vehicles. Councilmember Graves stated it makes sense to review the issue from a safety perspective. She added she realizes it can be a nuisance, but there might be some other avenues that a resident could pursue beyond this particular Ordinance. She added another aspect of the issue is where it might be allowed on private property. She stressed the importance of keeping as many freedoms as possible, while maintaining a safe and healthy environment in the City’s neighborhoods. Councilmember Lawrence-Anderson stated she supports sending this to the Housing Commission for review. She added ATV’s can be stored on private property, but they cannot be operated on private property. Mayor Elliott stated he supports sending this to the Housing Commission for additional review. He added he would like to know how much of an impact this would have on people who might run afoul of the restrictions, and the connection between the necessity of the restriction and any potential impacts. ADJOURNMENT Councilmember Graves moved and Councilmember Ryan seconded adjournment of the City Council Work Session at 9:37 p.m. Motion passed unanimously. 09/28/20 -8- 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 Work Session of the City Council of the City of Brooklyn Center held on September 28, 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 October 12, 2020, Regular Session. Barbara Suciu, City Clerk Mike Elliott, Mayor