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HomeMy WebLinkAbout2017 10-23 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/WORK SESSION OCTOBER 23, 2017 CITY HALL - COUNCIL CHAMBERS [' I [Iii] 1 I] at The Brooklyn Center City Council met in Study Session called to order by Mayor Tim Willson at 6:00 p.m. Lt1A Mayor Tim Willson and Councilmembers Marquita Butler, April Graves, Kris Lawrence- Anderson, and Dan Ryan. Also present were City Manager Curt Boganey, Communications Coordinator Angel Smith, Acting City Engineer Mike Albers, Director of Business and Development Gary Eitel, Deputy Director of Building and Community Standards Jesse Anderson, City Clerk Sharon Knutson, City Attorney Troy Gilchrist, and Carla Wirth, TimeSaver Off Site Secretarial, Inc. CITY COUNCIL DISCUSSION OF AGENDA ITEMS AND QUESTIONS September 25, 2017 Study/Work Session Minutes City Manager Curt Boganey stated the September 25, 2017, Study/Work Session minutes had been tabled at the last meeting and staff was asked to review the audio to confirm what was written in the minutes. He explained that unfortunately, there is no audio from that meeting to confirm what was stated. Mayor Willson stated he thought about the City Manager's comments made during that discussion and how staff does its best job to do a summary in the minutes, not an exact quote. Mayor Willson stated he has found, through the years, that the recording secretary has done a good job and the summary is okay. Mr. Boganey stated staff does its best to be as accurate as possible but sometimes we miss it. Councilmember Ryan stated he doesn't make frequent changes to the minutes unless there is need for clarification and that said, wants his statements to be clearer but if a member is not comfortable with the changes, he is fine without it. He stated should staff need clarification, he is capable of restating his position to make it clear. Councilmember Ryan agreed that staff does a good job with recording discussions but this was a difficult, lengthy, and complex discussion and his requested change only intended to give greater clarity. MISCELLANEOUS Mayor Willson referenced a recent article on sex trafficking and stated he was glad to see the 10/23/17 -1- article and hear from the Police Chief that they are taking action to deal with it. II] !I1I1fI [SJD] AVIS] i ri 3Ff1 IU WTJ 3SI )Y'UI N Dk' FV' N I I DI J DINk'4 IN I1 PROCESS FOR CONSIDERING PANHANDLING RELATED REGULATIONS City Manager Curt Boganey introduced the item and past City Council discussion at its September 11, 2017, Study Session regarding this item. After that discussion, the City Attorney looked further into the issue and has provided a memorandum addressing specific types of regulations to more specifically inform the City Council of available options. He asked for City Council direction whether there was a request for additional information/perspectives, support to move forward with the development of a new panhandling regulation, support to follow the six- step process to develop new panhandling regulations, or support to proceed with developing regulations following an alternative process. City Attorney Troy Gilchrist referenced his October 13, 2017, memorandum to the City Council. He explained there has been a lot of discussion on this topic because some ordinances adopted by cities have been found unconstitutional. Because of that, attorneys are struggling to determine the best way to address panhandling. Mr. Gilchrist stated he and his associates had a lengthy conversation about why these attempts failed and what is the best route if a city council does wish to regulate, and how to draft a set of regulations likely to be upheld if challenged. Otherwise, it does little good to put anything on the books if it will be challenged and fail because there are significant financial consequences if found to violate constitutional rights including attorney fees. Mr. Gilchrist stated some residents may think it is not that hard to remove panhandlers but particularly when dealing with constitutional issues, it is much more difficult as the courts have looked at it with great scrutiny. Mr. Gilchrist stated he prepared a process to move forward, though it is somewhat cumbersome, as a significant criticism by the courts is that the city has not demonstrated the ordinance adopted will fix the problem or even identified the exact problem and instead is adopting something that another entity adopted, and applying it city-wide when it in fact may be an isolated and identifiable area. In addition, not all circuit courts agree with the findings made by other circuit courts. Mr. Gilchrist recommended being more deliberative to identify the conduct (approaching aggressively, sitting/standing on medians at busy intersections), what laws already address those issues, what issues are not addressed, data to support that, and how to develop regulation that addresses those issues and would be upheld. Mr. Gilchrist stated if the City Council wants to look at such regulation, this is the most defensible way to do it. Mayor Willson stated what has swayed him at the moment is the Supreme Court ruling on the individual who stood at the back of a council chambers with a sign and the court ruled it is a freedom of speech right and impinged on that person's Constitutional right. He asked how disruptive that person can be in the chambers. Mayor Willson stated he read a number of legal opinions and along with other mayors from across the United States, has concluded the courts are going to 'hammer' the City if it puts an ordinance in place unless it is so narrowly crafted as to not do any good for the panhandling concern. Mayor Willson stated after research, he thinks the City has done what it can. 10/23/17 -2- Councilmember Graves stated the thing most concerning to her was the safety issue and that would be the one most easy to identify and track but the question is whether the City can get the evidence. She stated she also thought about protesters and those walking down the freeway which presents a safety issue as well. Councilmember Graves stated with regard to community image, that would be more difficult to track, noting aggressive panhandling is occurring more in the area of retail shopping centers. Mayor Willson stated it has also occurred at gas stations and those owners did not like it so they worked with the Police Department to issue tickets. Councilmember Butler stated her primary concern also was safety if sitting on a median or walking two lanes over and holding up traffic while getting something from a driver. She noted someone could not be paying attention and easily hit them as they walk back. In addition, their belongings are piled up on the median and sometimes they leave behind trash (i.e., by CVS). Councilmember Butler raised the option of whether police officers at the Transit Center can be considered to monitor that area and do more enforcement. She agreed there was not much more the City can do. Mayor Willson agreed, noting that even with the safety or littering issues, the police officer would have to witness that occurring. Councilmember Ryan stated he has the same thoughts and with public safety and littering, in order to take an enforcement action appropriate under State action or ordinances, it would require a police officer to actually observe that behavior. That being so, should the Council and wisdom of the City Attorney come up with something that would stand up to strict scrutiny standards, the City would be expected to enforce it so the question is the level of resources required to enforce it. Councilmember Ryan referenced a Chapter 12 provision restricting the number of people living in a single-family dwelling, which a prior City Attorney had indicated is basically unenforceable, and stated the question is how the public interest would be served by expending City resources to come up with a regulation and then be saddled with something far too difficult to enforce. Councilmember Ryan stated the general public doesn't always understand why it is not easily remedied to remove the panhandler. Mayor Willson stated if out in the street or holding up traffic, it still needs to be witnessed by a police officer. Mr. Boganey asked whether an employee appropriately trained, delegated, and deputized with the authority to enforce violations can be used to cite a violation. Mr. Gilchrist stated he is not a prosecutor or as familiar with that process but has been told it is potentially possible to have a non-sworn officer observe and do a 'citizen's arrest' to file the complaint. In that case, the officer would issue a citation based on that complaint as long as that person followed through with the process. Mr. Boganey asked whether a Code Enforcement Officer could issue a criminal citation. Deputy Director of Building and Community Standards Jesse Anderson stated City's Code Enforcement Officers have the ability to issue a criminal citation or administrative citation in Hennepin County. Mr. Gilchrist asked whether that is done under Hennepin County ordinance or State 10/23/17 -3- statute. Mr. Anderson answered under City ordinances for public nuisances (i.e., parking on grass), formal complaints, or criminal citations (i.e., misdemeanor requiring a court appearance). Mr. Boganey stated this allows another option without having to tie up a police officer so it seems that may be something the City can do with enforcement ability with respect to specific violations that require observation (i.e., someone in a traffic lane/holding up traffic/littering). Mayor Willson stated before authorizing staff to issue tickets, he would like the City Attorney to research that process. Mr. Gilchrist stated he would check with the prosecutor since that's the office where it would end up and he will also work with Mr. Boganey and the Police Chief. Councilmember Ryan asked whether video tape from monitoring cameras is admissible as evidence. Mr. Gilchrist answered in the affirmative. Councilmember Ryan stated that may be one means to use. He reported on his google research findings relating to investigation of panhandlers that were found to be doing it as a business, which should be brought to the attention of local news organizations as it may reveal more interesting information on who is actually doing the panhandling at our intersections. Councilmember Graves noted with the City's no smoking policy in the parks, you can get compliance by just telling people they need to leave so she wonders about the impact of citations. She thinks it may be a real deterrent if the word gets out that tickets are being issued, noting, however, it is unlikely the people will show up in court. But, perhaps, they would pick a different spot to panhandle. Councilmember Graves stated she knows that some panhandlers are not homeless or broke, but some may be looking for money because they are homeless and then giving them a ticket doesn't seem right to her. She stated if staff time is being invested, rather than issue citations, she would prefer to first give a verbal warning. Councilmember Lawrence-Anderson asked whether signage is still being pursued to educate the public. Mr. Boganey stated staff received a response from Hennepin County, who indicated that type of signage cannot be placed on County Roads without an enforceable ordinance. Staff will continue conversations with the State about acceptable locations. Mr. Boganey stated the City has the authority to post signs on local streets and staff would like to develop one sign for all locations. Staff is also working with CEAP to present opportunities for those legitimately in need and looking for work and that may go forward in the spring. Mr. Boganey stated if approved by the City Council, they would issue warning tickets or non-warning citations for specific law violations, not tickets issued for panhandling. Mayor Willson stated he thinks it will go to impinging on rights and a he said/she said situation. He recalled the State put up cameras to cite individuals driving through red lights, tickets were issued tickets based on that, but it was thrown out. Councilmember Ryan stated that is a good point and should be something the City Attorney can further research as it may be a different situation with a motor vehicle. He stated another issue, in terms of standards to apply to the actions of persons on street corners or in protected medians acting in a certain way, is that it contributes to distracted driving or impedes traffic. Mr. Gilchrist stated one problem is that a lot of businesses have sign flippers, which he finds distracting, as their purpose is to draw attention. 10/23/17 -4- Mr. Gilchrist stated he will prepare a memorandum on the Little Falls case for the City Council's review. It was the majority consensus of the City Council to direct staff and the City Attorney to research options including the ability of the City's Code Enforcement Officers to cite a person in travel lanes impeding traffic and/or littering violations. UIS] ME iDEe1'Ii ilEIJUk'il 311th M Nh I lh[I''i UN:l Ih Nil DDI I '&PhU NIi Mr. Boganey introduced the item, noting the City has periodically worked with independent filming companies to shoot videos or capture picture images in the City for commercialization purposes. He explained the City needs to have a policy that is more defined so staff has conducted some research and prepared ideas and suggestions on what can be done going forward. Communications Coordinator Angel Smith reviewed research conducted on film and photography as the City does not currently have a policy in place. She stated following discussion tonight, staff would like a clear understanding of next steps in how staff should proceed in terms of policy language. Dr. Smith stated over the past four months, there have been four or five inquiries by private companies desiring to film video in Brooklyn Center that involved closing and use of parks and streets, closing and use of public space for staging upward of vehicles overnight, enactment of police crime scenes for video and/or movies, enlistment of security during filming, and enlistment of traffic and track light control during filming. Dr. Smith stated to help them have a successful project, it requires the City to provide services, labor, equipment, facilities, expertise, and public space. She stated staff has met, reviewed, and discussed policies, ordinances, and practices of other cities with filming permit processes. Dr. Smith reviewed the sample ordinances staff had examined and elements required that staff feels the City should consider if the City Council decided to move forward. Additional issues involve the application submittal and timing of that consideration, insurance requirements, permit duration, definitions, content, fees, and duties of the permit holder. In addition, one allowed for the community to work closely with schools and students who want to film or create a video, and have the option to waive the fee. Dr. Smith stated the purpose of the ordinance is to provide staff guidance so they can move forward consistently when a request is received, follow a permit process, and coordinate filming activities when requested. Discussion of this item continued and reached conclusion at the October 23, 2017, Work Session. FR ii,isj tii I 3hI Councilmember Ryan moved and Councilmember Graves seconded to close the Study Session at 6:45 p.m. Motion passed unanimously. 10/23/17 -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 October 23, 2017. 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 13, 2017, Regular Session. .1NM ", ^ ^ 6 /^' ^^' I - City Clerk Mayor 10/23/17 -6-