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MINUTES OF THE <br /> ORONO CITY COUNCIL MEETING <br /> Monday,January 9,2017 <br /> 7:00 o'clock p.m. <br /> 9. 17-3891 CITY OF ORONO TEXT AMENDMENT: SEX OFFENDER RESIDENCY— <br /> ORDINANCE NO. 182(continued) <br /> Mattick stated it is important to have the ordinance on the books so when the state reviews where the <br /> Level III sex offender will be residing,they will know what areas are off limits. <br /> Crosby asked if there is a certain distance they have to be from schools,daycares,and other similaz <br /> facilities. <br /> Barnhart indicated it would require them to be more than 2,000 feet from those types of places. Barnhart <br /> noted a map of the areas they would be allowed to reside in is included in the Council packet. <br /> Seals noted trails and sidewalks are being excluded from the ordinance. Seals asked if that is similar to <br /> what other cities are doing. Seals noted Orono has the Luce Line Trail and the Dakota Trail. <br /> Mattick stated there is no direct authority that says cities can enact this ordinance and that this is being <br /> done under the City's general police powers. Mattick stated Staff attempted to create an ordinance that <br /> would withstand a legal challenge and that Level III offenders have been identified by the state as people <br /> who are more likely to reoffend. Mattick stated if the City were to include trails and sidewalks,it would <br /> be almost the equivalent of a complete ban and that the City would run into problems with that. Mattick <br /> stated in his view this is more enforceable and that it has been modeled after the Iowa ordinance,which <br /> has been upheld by the courts. <br /> Barnhart displayed a map depicting the areas where a Level III sex offender would not be able to locate. <br /> Bamhart stated there are a few small pockets throughout the City where a Level III sex offender could <br /> live. Staff did discuss whether trails should be included,and since sidewalks are sometimes considered <br /> trails and trails are sometimes located in the right-of-way, Staff felt the City could start running into <br /> challenges on an enforcement standpoint. <br /> Walsh commented more and more cities are adopting this type of ordinance. <br /> Seals asked what the protocol is when a Level III sex offender wants to live in Orono. <br /> Mattick stated there is a public notification process. <br /> Crosby asked what the percentage is for a Level III sex offender to reoffend. <br /> Mattick indicated he does not have the answer to that question but that Level III offenders have been <br /> identified as the most likely to reoffend. <br /> There were no public comments regarding this item. <br /> Printup moved,Crosby seconded,to adopt ORDINANCE N0. 182,an Ordinance Amending <br /> Chapter 70 of the Orono City Code Creating Article VII Regarding Sexual Predator Residency <br /> Restrictions. VOTE: Ayes 4,Nays 0. <br /> Page 10 of 17 <br />