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Is locking skyways at night the answer?

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Two people begin to gather their belongings after sleeping the night in the skyway by the First Street parking ramp and Double Tree Hotel in February.

Rochester’s public skyways could be locked down nightly in an effort to address what is seen as an increase in aggressive behaviors.

Working in St. Paul in a previous job, Rochester Police Chief Jim Franklin found, "One of the things that had the most significant impact … was in fact controlling and closing the skyways with hours (of operation)." Franklin worked with the Metro Transit Police Department before moving to Rochester last year.

St. Paul’s skyways are closed from midnight to 6 a.m.

In Minneapolis, skyway hours are more restrictive. They are closed from 10 p.m. to 6:30 a.m. on weekdays. Weekend skyway hours are limited to 9 a.m. to 8 p.m. Saturdays and noon to 6 p.m. Sundays.

Franklin said imposing such limits in Rochester could stem actions that have grown more frequent and troubling since the winter, when the skyways were used for shelter at night.

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"What we are seeing now is kind of a quasi-occupying of the area," he said, noting people have been spotted drying laundry on railings and apparently storing items in public areas.

He said the trends, combined with a rise in aggressive behaviors including panhandling, theft and assault, point to the potential for future problems.

"That unaddressed low-level disorder kind of signals lawlessness, and serious crime is more likely to occur in a lawless-perceived environment," he added, noting an ordinance change is only one of the needed steps, which include providing access to shelter and services.

While Rochester already has stated hours of operation for its public skyways, they are written in policy, rather than in an ordinance.

Assistant City Administrator Terry Spaeth said the designated hours of skyway operation are 6 a.m. to midnight Monday through Thursday, 6 a.m. to 1 a.m. on Fridays, 8:30 a.m. to 1 a.m. on Saturdays and 8:30 a.m. to 10 p.m. on Sundays.

City Attorney Jason Loos said an ordinance would improve enforcement of those hours.

"If we want to make it enforceable, they need to be ordinances," he said of three possible options for restricting skyway activities.

Other potential changes would be to ban sitting and lying in the skyway, and to restrict panhandling actions in the downtown area.

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While the majority of the council voiced support for looking at restricting access to the skyway, Council Member Shaun Palmer was the only one signaling he’d like to go further.

"I’d like to see us closing the hours now, as soon as we possibly can, and do the sit-lie (ordinance) as soon as we can," he said. "Send that message and get everything taken care of right now."

Council Member Nick Campion, however, said a measured approach is needed to address what he sees as a complex problem.

"My heart keeps going out to: Where are they going to go?" he said, noting he wants to make sure there is an answer in the future before action is taken.

Rochester Mayor Kim Norton agreed, noting efforts continue to find sheltering options.

"It’s a big problem and a complicated problem, but we want to find a longer-term solution, rather than abandon people in need," she said, noting action on other proposed ordinances will likely need to be considered in the future.

"I do think we need to move in that direction, but we need to be compassionate," she said.

Council Member Mark Bilderback said he hopes restricting access to the skyways would spur city, county and private groups to work toward finding ways to ensure people have safe places to turn.

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"Hopefully this pushes all the groups out there to work harder to find a solution," he said.

Loos said closing the skyways doesn’t mean the city needs to put people out during the coldest nights of the year.

"You could declare a cold emergency," he said, noting the city could adopt a policy that leaves the skyways open when temperatures dip below a defined measure.

The next steps will be preparing a potential ordinance and researching options for locking the skyways, which is not currently possible.

"I wouldn’t necessarily come back in a couple weeks with an ordinance," Loos said. "It’s something we would have to look at, not just the locking, but what we physically need to do to make this happen."

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