01-23-2017 Council Packet - Laserfiche WebLink

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MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, January 9, 2017 7:00 o'clock p.m. 9. 17-3891 CITY OF ORONO TEXT AMENDMENT: SEX OFFENDER RESIDENCY — ORDINANCE NO. 182 (continued) Mattick stated it is important to have the ordinance on the books so when the state reviews where the Level III sex offender will be residing, they will know what areas are off limits. Crosby asked if there is a certain distance they have to be from schools, daycares, and other similar facilities. Barnhart indicated it would require them to be more than 2,000 feet from those types of places. Barnhart noted a map of the areas they would be allowed to reside in is included in the Council packet. Seals noted trails and sidewalks are being excluded from the ordinance. Seals asked if that is similar to what other cities are doing. Seals noted Orono has the Luce Line Trail and the Dakota Trail. Mattick stated there is no direct authority that says cities can enact this ordinance and that this is being done under the City's general police powers. Mattick stated Staff attempted to create an ordinance that would withstand a legal challenge and that Level III offenders have been identified by the state as people who are more likely to reoffend. Mattick stated if the City were to include trails and sidewalks, it would be almost the equivalent of a complete ban and that the City would run into problems with that. Mattick stated in his view this is more enforceable and that it has been modeled after the Iowa ordinance, which has been upheld by the courts. Barnhart displayed a map depicting the areas where a Level III sex offender would not be able to locate. Barnhart stated there are a few small pockets throughout the City where a Level III sex offender could live. Staff did discuss whether trails should be included, and since sidewalks are sometimes considered trails and trails are sometimes located in the right-of-way, Staff felt the City could start running into challenges on an enforcement standpoint. Walsh commented more and more cities are adopting this type of ordinance. Seals asked what the protocol is when a Level III sex offender wants to live in Orono. Mattick stated there is a public notification process. Crosby asked what the percentage is for a Level III sex offender to reoffend. Mattick indicated he does not have the answer to that question but that Level III offenders have been identified as the most likely to reoffend. There were no public comments regarding this item. Printup moved, Crosby seconded, to adopt ORDINANCE NO. 182, an Ordinance Amending Chapter 70 of the Orono City Code Creating Article VII Regarding Sexual Predator Residency Restrictions. VOTE: Ayes 4, Nays 0. Page 10 of 17