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HomeMy WebLinkAbout2015 10-26 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 OCTOBER 26, 2015 CITY HALL - COUNCIL CHAMBERS CALL TO ORDER The Brooklyn Center City Council met in Study Session called to order by Mayor Tim Willson at 6:01 p.m. ROLL CALL Mayor Tim Willson and Councilmembers April Graves, Kris Lawrence-Anderson, Lin Myszkowski, and Dan Ryan. Also present were City Manager Curt Boganey, Public Works Director/City Engineer Steve Lillehaug, Director of Business and Development Gary Eitel, Assistant City Manager/Director of Building and Community Standards Vickie Schleuning, Deputy Clerk Sharon Knutson, Police Chief Tim Gannon, City Attorney Troy Gilchrist, and Denise Bosch, TimeSaver Off Site Secretarial, Inc. CITY COUNCIL DISCUSSION OF AGENDA ITEMS AND QUESTIONS None MISCELLANEOUS None DISCUSSION OF WORK SESSION AGENDA ITEMS AS TIME PERMITS PREDATORY OFFENDER LOCATION UPDATE Mayor Willson stated that he had encouraged City Manager Curt Boganey to put together ordinance language to address the high number of sex offenders being located in the City. He stated that the City has areas of high poverty and high diversity and now high levels of sex offenders. He stated the City has become the favorite dumping ground for the metro area. Mr. Boganey stated that the City had recently been notified about three predatory offenders that would be moving into the City, one of whom had been living in the City for 10 months before the City was notified. The address for this offender is 2700 64th Avenue N. The two additional offenders will be at 6812 Perry Avenue N and 3625 72nd Avenue N. The total number of offenders in the City would go from five to eight in a matter of a couple of weeks. He stated that Police Chief Tim Gannon put together additional data showing the concentration of offenders in Hennepin County. He also stated that staff is having conversations with Hennepin County probation staff, commissioners, and the State Department of Corrections to understand what is 10/26/15 -1- going on and data shows that the City has the second highest concentration of predatory offenders next to the City of Minneapolis. He stated that according to the statute when a location for a predator is being identified, there should be consideration given to the distance from schools, parks and other predatory offenders. He provided a map that showed that 6812 Perry Avenue N is 1,000 feet from Willow Lane Elementary School; 1,500 feet from Orchard Lane Park and 1,000 feet from Willow Lane Park. He stated it is hard to see where the statute was taken into account. He stated that 3625 72 Tu Avenue N is close to a park and 1,500 feet from West Palmer Lake Elementary School. He stated that contact was made with the City Attorney to determine what legal alternatives would be available to the City Chief Gannon stated that from 2006 to 2014 there has been approximately one notification per year. In 2015, there was one every 36 days or so. He talked about contributory factors that include neighborhood outcry in North Minneapolis regarding their large numbers of predatory offenders and their strategy to displace them from North Minneapolis and the zip codes of 55411 and 55412. He stated that they didn't want them in the 55430 zip code but drew the line at the Brooklyn Center city border so that they can move into the City. He talked about having to tell citizens that an offender had already been living in their neighborhood for 10 months and attributed the mistake to the volume of offenders moving into the City. He stated that the volume in Brooklyn Center is disproportionate to the rest of Hennepin County and said that it should be shared. He mentioned that the City of Richfield has no offenders living in the City. He also stated that two offenders have ties to the City. Councilmember Graves asked what channels the notifications are coming through. Chief Gannon stated that for those coming directly from prison, the City is notified by the Department of Corrections. The City normally works with Hennepin County Probation Supervising Agents as the offenders are moving from housing to housing. Councilmember Ryan asked if the volume is related to the federal lawsuit regarding the state sex offender program and if more releases are anticipated. Chief Gannon replied that none of the releases are coming from that program and depending on the outcome of the lawsuit, there could be a lot more offenders. Mr. Boganey stated that one offender is scheduled to move in tomorrow and one is scheduled to move in on November 1st. When they talked to Attorney Gilchrist about options, he talked about the fact that there are Minnesota cities that have adopted ordinances that limit the locations of predatory offenders so staff has drafted a resolution and a temporary ordinance. If adopted, there would be a moratorium that would prevent the City from issuing additional rental licenses for 180 days, which would allow the City to finish the final language in the ordinance. The temporary ordinance has been drafted with limits in relation to where the offenders are in proximity to schools and parks. Attorney Gilchrist stated the intent of the resolution is that it will go into effect immediately. At the same time, the temporary ordinance will be launched and both are intended to impose temporary restrictions to give staff time to put in place a permanent ordinance. The resolution would go away once the permanent ordinance is adopted. 10/26/15 -2- Mr. Boganey showed a map with the location of active rental properties. He stated that one of the things they want in the final ordinance is a provision that would limit single-family homes that are converted to rentals or limit the numbers in a given area. They want to minimize the concentration so that the single-family neighborhoods remain owner occupied as much as possible. He stated that the court of appeals upheld the City of Winona's ordinance that restricted the number of single-family rental licenses and the Supreme Court determined that they would not hear the case. They believe the City now has the authority to establish some limitations on the volumes of single-family properties that become rentals. He stated that the language in the proposed resolution and ordinance has a 2,000-foot restriction from a school or a park. That number was based on the fact that other cities have used the 2,000-foot limitation. He stated that if the ordinance is adopted, the existing six would be grandfathered and it would only affect new rental licenses. Mayor Willson asked how the areas were determined. Mr. Boganey replied that it was the 2,000-foot distance from schools and parks. Mayor Willson stated that a 2,500-foot limitation would be good. Mr. Boganey stated that they need to be careful of adopting regulations that preclude predatory offenders from the City because that would probably not be successful in court. Mayor Willson stated he understands how the ordinances work and that you can't make it so restrictive and he is aware of the moratorium procedure, but there is a part of him that says we don't want anymore. Mr. Boganey provided examples of what would happen with a 1,000- and 1,500-foot buffer. He doesn't believe there is anything in the draft resolution or draft ordinance that limits the distance between predatory offenders but thinks that could be added to the final ordinance. What staff is asking is that the City Council consider adding the adoption of the resolution and temporary ordinance to the agenda for this evening. Mayor Willson stated that from his perspective it should go on the agenda tonight. Councilmember Ryan stated that they have to act on this on the basis of fairness and equity. Councilmember Myszkowski thanked staff for their quick work and stated she thinks this is definitely the right thing to do because the City already has enough stressors. She expressed concern about section 1.04 of the ordinance regarding the chance of repeat offenses. Chief Gannon stated that the reasons offenders are classified as Level III is for failure to comply with the program, outrageous conduct and repeat of conduct. He stated that the notification process is a good process that makes police aware and the level of transparency does help to lower the rate of recidivism. 10/26/15 -3- Attorney Gilchrist stated that the third "WHEREAS" line of the resolution changes the language and it was not carried over to the ordinance. He recommends using the language from the resolution in the ordinance. He stated that other cities have adopted similar ordinances and there is not currently a case challenging them. He also stated that 180 days was used for both the ordinance and resolution and perhaps the ordinance should be shorter than 180 days. Mayor Willson stated he did not want a gap. Attorney Gilchrist stated that he was talking about preventing the stacking of time. Councilmember Lawrence-Anderson asked if it is necessary to decide on the buffers tonight. Mayor Willson stated that it is now 2,000 feet and he is comfortable with that and there is a moratorium on rental licenses. Mr. Boganey stated that 2,000 feet becomes part of the temporary ordinance and takes effect tomorrow and licenses would not be issued. Councilmember Ryan asked about the procedure for the recommended change in duration in the temporary ordinance. Attorney Gilchrist stated that he would have the recommended language before the City Council voted tonight. Attorney Gilchrist stated that the language in the third WHEREAS in the resolution should be used in Section 1.04 of the ordinance. Mayor Willson asked if anyone was opposed to putting it on the agenda tonight. It was decided to add both the ordinance and resolution under agenda Item 10b. Mayor Willson asked if they should be voted on separately. Mr. Boganey stated that the resolution and ordinance should be voted on as one. Mr. Boganey asked how the City Council planned to conduct the Random Acts of Kindness ceremony. It was decided that each Councilmember would read one and the longest serving member would be the first member to read (Councilmember Ryan), then Councilmembers Myszkowski, Lawrence-Anderson, and Graves. ADJOURNMENT The Study Session was adjourned at 6:42 p.m. 10/26/15 -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/Work Session of the City Council of the City of Brooklyn Center held on October 26, 2015. 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 November 9, 2015, Regular Session. City Clerk Mayor 10/26/15 -5-