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HomeMy WebLinkAbout2020 10-12 CCM Work Session10/12/20 -1- MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL/ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA WORK SESSION OCTOBER 12, 2020 CALL TO ORDER The Brooklyn Center City Council/Economic Development Authority (EDA) met in Work Session called to order by Mayor/President Mike Elliott at 6:16 p.m. The meeting was conducted via Webex. ROLL CALL Mayor/President Mike Elliott and Councilmembers/Commissioners Marquita Butler, April Graves, Kris Lawrence-Anderson, and Dan Ryan. Also present were City Manager Curt Boganey, Deputy City Manager Reggie Edwards, Community Development Deputy Director/HRA Specialist Jesse Anderson, City Clerk Barb Suciu, and City Attorney Troy Gilchrist. SCHEDULE WORK SESSION TO DISCUSS HOUSING POLICY TOPICS Community Development Deputy Director/HRA Specialist Jesse Anderson stated City Staff would like to schedule a session with the City Council to discuss the City’s housing policy. He added this discussion, facilitated by Dr Lewis with Research in Action, would include City Staff, Ehlers Consulting staff, Haila Maze from Bolton Menk, and others. Mr. Anderson stated City Staff is suggesting either November 10 or November 16, 2020, from 5:00-8:00 p.m. or 6:00-9:00 p.m. Councilmembers/Commissioners Graves, Lawrence-Anderson, Butler and Ryan agreed that November 16, 2020 from 5:00-8:00 p.m. would work. Mayor/President Elliott stated he is unavailable that evening as he is leading a training session. He suggested November 30, 2020. It was the majority consensus of the City Council instruct City Staff to schedule a Housing Policy discussion on November 30, 2020 from 5:00-8:00 p.m. Mr. Anderson stated he would confirm the date and time with the other people involved in the discussion, and report back if necessary. POLICY REGARDING INDIVIDUAL COUNCILMEMBER’S ACCESS TO CITY ATTORNEY 10/12/20 -2- Mayor/President Elliott requested feedback and comment from the City Council on the draft policy regarding access to the City Attorney. Councilmember/Commissioner Ryan stated, upon further reflection, this issue relates to a recent development that the Mayor/President has made a request for a senior policy aide. He added he is changing his position and regrets not being firm enough in saying no to the Mayor/President’s request for direct access to the City Attorney. He noted he fails to see any instance when the City Council have not been adequately served under the previous arrangement. Councilmember/Commissioner Ryan stated, in the interests of efficient, effective management of our limited staff resources, the City Council should continue the practice of directing legal inquiries to the City Manager, in the same way that other inquiries related to City business from the City Council are handled. He added the City Council should endorse the previous practice, which he sees as a precedent, through a formal policy statement, requiring that City Council access to the City Attorney must be through the City Manager. He noted he assumes there is not a consensus on this issue, but he wanted to make it clear that it is his position. Councilmember/Commissioner Butler stated she stands by her previous comments. She added she believes it is fine for Councilmember/Commissioners to reach out to the City Attorney as long as there are no budget issues or capacity issues. She noted she thinks the policy is fine. Councilmember/Commissioner Lawrence-Anderson stated she likes the policy as written, particularly Item D3, related to policy requests or alterations which must be discussed by the City Council before consulting the City Attorney and incurring fees. She added specific legal questions are fine, but if full City Council direction is not sought before someone proposes a policy and the City Council decides not to pursue it, unnecessary costs will have already been incurred. She noted she supports having the City Council discuss policy issues at work session first, and then referring the issue to City Staff and the City Attorney. She stressed the importance of everyone on the City Council being on the same page. Councilmember/Commissioner Graves stated City Staff did a good job of capturing the consensus in the City Council’s previous discussion. She added City Manager Curt Boganey would like to be recognized and she is curious to hear what he has to say. City Manager Curt Boganey stated, to Councilmember/Commissioner Grave’s comment, City Staff’s goal with drafting this policy was to capture the essence of the City Council’s conversation at the last meeting. Mayor/President Elliott stated it sounds like there is consensus around the policy as written, which is a step forward. He added it will be new and different, but it will help him, and everybody else, do their jobs better. City Attorney Troy Gilchrist stated, for the purposes of clarification, under the policy as written, Councilmember/Commissioners can directly contact the City Attorney before a matter is discussed at work session. He added he believes Councilmember/Commissioner Lawrence-Anderson had a different understanding of the policy. He noted the provision states that 10/12/20 -3- Councilmember/Commissioners can contact the City Attorney before an issue is discussed by the City Council at work session. Councilmember/Commissioner Lawrence-Anderson stated, due to Mr. Gilchrist’s clarification, she is not necessarily pleased with the policy under Item B2 related to draft policy initiative. She added she supports Items A, C and D, but disagrees with Item B. Mr. Boganey stated there are three Councilmember/Commissioners who have indicated that the policy as drafted is acceptable. He added City Staff will prepare this item and bring it back to the City Council for a vote. Mayor/President Elliott stated he likes the policy, although it limits the City Council in terms of being able to act quickly, if there is a resolution or something that requires immediate Council action. He added it is generally a good idea to have Council consensus before putting something on the Council agenda, it can also be limiting. He noted it is important to allow for circumstances under which the City Council needs to act expeditiously, and not have to wait until the next meeting. Councilmember/Commissioner Graves stated it is not always necessary to wait until the next meeting, as rough drafts can be submitted to the City Manager, who will prepare documents for presentation to the City Council. She added, in the past, she has presented an issue at a work session and the City Manager makes sure it is ready for the next meeting. She noted there are other ways to expedite issues if there is full Council agreement. She noted it is not necessary to include additional policy language to that effect, and she does not see it as an obstacle. Mayor/President Elliott stated requiring every issue to go through work session is limiting as there may be circumstances when we have an urgent issue that we need to act on, rather than consider it for review at the next meeting which is two weeks later. He reiterated that is too limiting for him, but he can understand Councilmember/Commissioner Grave’s position. Councilmember/Commissioner Graves stated an important issue like a policy change that will change the way business is conducted in the City requires more deliberation. She added if you are meeting with the City Attorney about an issue that the City Council has no knowledge of, and then it gets placed on the Consent Agenda, in her opinion, that is not a democratic process. Mayor/President Elliott agreed that is not a democratic process. He added it would go on the City Council agenda first. Councilmember/Commissioner Graves referred to the example from early in the pandemic when extra Council meetings were scheduled to discuss an important issue, but the Mayor/President also had individual meetings with the involved parties to expedite the process. She added there are times when that is appropriate, and there are avenues that can be used for expedited action. Mayor/President Elliott asked whether Councilmember/Commissioner Graves would be amenable to language that would stipulate cases where an item could be expedited. Councilmember/Commissioner Graves stated that is not necessary, as that was an emergency declaration, and emergency situations speak for themselves. She added that would leave too much 10/12/20 -4- up to the Mayor/President or Councilmember/Commissioner’s discretion, and the rest of the Council may not agree on whether it is an emergency. Mayor/President Elliott stated he would like to move forward with the policy and have additional discussion at some point if necessary. ADJOURN WORK SESSION TO INFORMAL OPEN FORUM WITH CITY COUNCIL The Work Session adjourned to Open Forum at 6:45 p.m. RECONVENE WORK SESSION The Work Session reconvened at 6:50 p.m. POLICY REGARDING INDIVIDUAL COUNCILMEMBER’S ACCESS TO CITY ATTORNEY (continued) Councilmember/Commissioner Lawrence-Anderson stated, to clarify her position as stated earlier, the City Council has the ability to address emergency business in one of two ways: in a dire emergency, the Mayor/President has the ability to act on behalf of the City Council; or an emergency meeting can be called. She added she does not believe that a member of the City Council should act toward altering a policy without a consensus from the entire City Council. She noted she does not have any issue with a Councilmember/Commissioner reaching out to the City Attorney with a general legal question; however, if the issue relates to a policy, it is critical for the entire City Council to agree to pursue a policy change. Councilmember/Commissioner Ryan stated he has concerns about the role of the Mayor/President as the Mayor/President perceives it relative to the City Council. He added these issues and concerns can be discussed at the City Council retreat that will take place after the election. He noted the policy should be adopted as written if it is the City Council’s consensus, for reasons outlined by Councilmember/Commissioner Lawrence-Anderson, and other reasons given by Councilmember/Commissioner Graves. Councilmember/Commissioner Ryan stated, under the policy, the City Council is entitled to equal time. He added there may be a concern in the future regarding competition for the City Attorney’s time, or a concern about the Mayor/President receiving information that the rest of the City Council does not have. He noted any time a Mayor/President or Councilmember/Commissioner goes beyond asking for information from the City Attorney, it must come to the City Council first. Mayor/President Elliott stated he is quite aware that Councilmember/Commissioner Ryan has a view on the role of the Mayor/President. He added he believes that view is the role of the Mayor/President and the Councilmember/Commissioners should be the same. He noted he wants Councilmember/Commissioner Ryan to know that he is heard and acknowledged. He noted, however, he does not agree with it. 10/12/20 -5- Mayor/President Elliott stated he is fine with moving forward with this policy, which can be modified as necessary. ADJOURNMENT Mayor/President Elliott adjourned the Work Session at 6:55 p.m. 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 October 12, 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 26, 2020, Regular Session. Barbara Suciu, City Clerk Mike Elliott, Mayor