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HomeMy WebLinkAbout2021 01-11 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 JANUARY 11, 2021 CALL TO ORDER The Brooklyn Center City Council met in Study Session called to order by Mayor Mike Elliott at 6:00 p.m. The meeting was conducted via Zoom ROLL CALL Mayor Mike Elliott and Councilmembers Marquita Butler, April Graves, Kris Lawrence - Anderson, and Dan Ryan. Also present were City Manager Curt Boganey, Finance Director Mark Ebensteiner, City Clerk Barb Suciu, and City Attorney Troy Gilchrist. CITY COUNCIL DISCUSSION OF AGENDA ITEMS AND QUESTIONS Councilmember Ryan requested that Agenda Item 6d be removed from the Consent Agenda to be read during the meeting. He added it has long been the practice that the Resolution in support of the City Charter is read aloud at the first meeting of the year. Mayor Elliott stated that will be moved to Item 1 Od. City Manager Curt Boganey stated the discussion on the fire truck has been removed from the Agenda under Miscellaneous, as this will be addressed on the Regular Session Agenda. Mayor Elliott he would like to move Consent Agenda item 6i, Resolution requiring signatures for official City financial transactions, to the Regular Session as Agenda Item l0e for additional discussion. Mr. Boganey stated this time during the Study Session is reserved to answer questions about items on the Agenda, so the Mayor's questions can be addressed at this tire. Mayor Elliott agreed. He asked whether the City Council have any Miscellaneous items. MISCELLANEOUS Acquisition of Easements Councilmember Graves stated Consent Agenda Item 6e relates to acquisition of easements. She added she lives on Brooklyn Boulevard, and has done some research related to the City's offer for her easement, which she feels is a fair price. She noted, however, the process has been cumbersome and difficult, working with SRF consultants, completing paperwork, and obtaining 01/11/21 -1- approvals and agreements from her bank. She noted, as far as she knows, the City is still waiting for final approval from her mortgage company. Councilmember Graves stated the entire process is a lot of work for the homeowner and could perhaps be made less complicated. She added she wanted to draw City Staffs attention to this issue. Mr. Boganey stated City Staff will review this issue and report back to the City Council on how the process works, and where there may be ways to improve it. January 4, 2021 Work Session — Public Comment Councilmember Graves stated she would like to make a few comments about the January 4, 2021 Work Session. She added it would be helpful moving forward and staying on track to ensure that the City Council is notified when there will be public input. She noted public hearings should be listed on the Agenda so all constituents know about it, so they can come and comment. She noted this will also ensure that City Staff are able to get through their presentation without interruption. Councilmember Graves stated City Councilmembers should be made aware that public comment will be taken so they can be prepared to receive public comment and have a robust conversation amongst each other. Councilmember Graves stated everyone loses their cool sometimes and makes mistakes and says the wrong thing. She stressed the importance of being willing to accept constructive feedback with grace and extend understanding and grace to those who make mistakes. She noted, as a reminder to herself and to everyone, we all want to see what is best for the.City of Brooklyn Center. and its residents: Mayor Elliott stated the City Council should have a discussion about public comment during meetings. He added he was operating under the notion that public comment is allowed during work sessions, and that the consensus was that public comment would be taken after the City Council had spoken, so that is the approach he has taken. He noted people are coming to a meeting because of what is on the agenda and should be allowed to comment. Consent Agenda Item 6i, Resolution Granting Corporate Authority for Signing Checks and Transactions of Financial Business Matters Mayor Elliott stated he would like to comment on the Resolution in the Consent Agenda related to signatures for official transactions, as the Resolution does not follow the City Charter. City Attorney Troy Gilchrist stated he believes Mayor Elliott is referring to City Code Section 6.05, Purchases and Contracts, which states, "the City Council shall by Resolution establish and maintain a purchasing policy for the City of Brooklyn Center. All contracts bonds and instruments .,.of any kind to which the City is a party shall be signed by Mayor and City Manager on behalf of the City and shall be executed in the name of the City." 01/11/21 -2- Mayor Elliott stated the Resolution states "Treasurer and City Manager". He added he thinks it should be Treasurer, City Manager and Mayor. He noted he thinks that edit should be made. Mr. Gilchrist stated Section 7.10 pertains to reimbursements, and specifically mentions the City Manager and Treasurer, or Finance Director. He added, in his opinion, that would be the genesis of this Resolution, which pertains to processing of City financial investments, and falls under Section 7.10. He noted Section 6.05 refers to debt instruments that would be issued by the City. Finance Director Mark Ebensteiner agreed, adding the Resolution is in line with requirements regarding City council authority for disbursements to the City Manager and Treasurer; which is the ,Finance Director, and does not necessarily refer to large contracts or bonds. He added the Resolution relates to compliance requirements designated by the City Council and giving authority to the City Manager and Finance Director. Mayor Elliott asked what the difference between the reference to bonds in the Resolution and those is, as mentioned in the City Charter. He asked. whether the disbursements could be done to purchase bonds that have already been signed in contract. Mr. Ebensteiner stated the Resolution gives the City Manager and Finance Director the authority to make investment transactions for treasury notes and other securities, on behalf of the City, as required by Statute. Mayor Elliott asked whether these are things that Mr. Ebensteiner would need to act quickly on. Mr. Ebensteiner stated this Resolution is presented to the City Council at the beginning of every, year as one of the first steps the City Council takes, to give authority and eliminate delay. Mayor Elliott stated he does not see the difference articulated in this Resolution in terms of bonds. He asked whether there are bonds that would require the Mayor's signature. Mr. Gilchrist stated the bonds referred to in the Resolution are bonds that are being sought on the market as an investment. He added that point can be clarified in the Resolution. Mayor Elliott stated the Charter says, "all bonds of any kind" and does not make a distinction. He added he believes he should sign off on these bonds unless it would cause an issue for Mr. Ebensteiner in terms of being able to act quickly to purchase bonds. Mr. Ebensteiner stated that would be a procedural change that he is unfamiliar with, and it may have an impact on existing procedures. He added he is charged with investing the City's cash and investments to ensure that they are good investments, and the City gets the best rates. He added City Staff works with brokers, and receives information on opportunities for investments, and there are times when City Staff must act quickly. Mayor Elliott stated he would like to be added to the people who are signing off on his. He added if it becomes an issue where you need to act quickly, he can give his approval and sign off after, the fact. 01/11/21 -3- Mr. Boganey stated that change is not consistent with the Charter, Section 7.10, which deals with disbursements as opposedto other types of contracts. He added these two types of items are segregated in the Charter, due to the importance of City administration being able to make disbursements and ensure that day-to-day financial operations of the City can occur in an efficient and necessary manner. He noted, in the Resolution, the regular conduct of City business would be in the domain of City administration, and the addition of language that interferes with the daily operations of the City would not be consistent with the City Charter. Mr. Boganey stated City administration should be able to conduct day-to-day operational business without risk of undue delays. He added, for instance, weekly payroll checks must be authorized and approved by the City Manager and Treasurer. He noted authorization of weekly payroll checks by the Mayor would not be in line with the intent of the Charter. Mayor Elliott stated he is not talking about authorizing payroll. He added the section he is talking about is Purchases and Contracts, and it does not make a distinction. He added, in his mind, it will not be a hindrance or slow anything down, if he can give authorization and City Staff can let him know after the fact. Mr. Boganey stated, while this arrangement may not result in an unreasonable delay, in his opinion, there is no reason to take that risk, if the City Attorney agrees that this section of the Charter does not apply. Mayor Elliott stated he does not know how you can read this and say that it doesn't. He added it says, "all contracts and bonds of any kind". Mr. Gilchrist stated Section 7.10 relates to disbursement, giving the City Manager and Treasurer the authority to issue checks or make disbursements on behalf of the City. He added, in his experience; this is an administrative issue that is handled by City Staff and is consistent with how cities typically operate. He noted he is not aware of a mayor ever getting involved in signing off on City investments. Mr. Gilchrist stated the last line of Section 7.10 states, "the City Council may by Ordinance make further regulations' for the safekeeping and disbursement of the funds of the City." He added Chapter 10 of the City Code refers to investments but does not mention authority. He noted there may be more information in the policies, but he has not had a chance to look into it further. Mayor Elliott stated cities are different and Brooklyn Center is unique. He added he does not see how it would cause a problem or consternation if he authorizes Mr. Ebensteiner to keep him informed. He noted it would be the easiest way to be in alignment with the Charter. Mayor Elliott asked Mr. Ebensteiner whether it would be a hindrance to notify him about purchases. Mr. Ebensteiner stated purchasing bonds is only a small part of the portfolio. He added the intent of the Resolution is to delegate authority to City administration to pay claims. He expressed concern about establishing an additional precedent for future transactions. He noted he would need to look into it further. 01 / 11 /21 -4- Mayor Elliott stated it is his goal to be in alignment with the City Charter. January 4, 2021 Work Session Councilmember Ryan stated he appreciates the earlier comments of Councilmember Graves. He added he wanted to make a brief statement about what occurred at the January 4, 2021 Work Session. He apologized to the City Council, City Staff, and our guests, especially those citizens who were present, for the disruption that occurred. He noted technology problems were causing confusion for him, and he was using his phone as a microphone. He expressed his regret and apologized for speaking over anyone, which was not his intention. Councilmember Ryan stated he is sorry that he let his frustrations show, which were directed at technology resulting from the communications failure. He sincerely apologized to everyone and hopes we can move on. He noted he accepts responsibility for what occurred. Mayor Elliott thanked Councilmember Ryan for his comments. Removal of Consent Agenda Item Mayor Elliott stated he would like to remove Consent Agenda Item 6I, Appointments to Various Committees, to be addressed at the next City Council meeting. ADJOURN STUDY SESSION TO INFORMAL OPEN FORUM WITH CITY COUNCIL Mayor Elliott moved and Councilmember Ryan seconded to close the Study Session at 6:50 p.m. Motion passed unanimously. -5- 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 January 11, 2021. 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 January 25, 2021, Regular Session. City Clerk Mayor 1/11/21 -6-