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Home My Public Portal About05.16.2017 Special City Council Meeting PacketMEDINA WORK SESSION AGENDA MEDINA CITY COUNCIL Tuesday, May 16, 2017 6:30 P.M. Medina City Hall 2052 County Road 24 I. Call to Order II. Housing Ordinance Changes/Study for Predatory Offenders III. Adjourn Posted 5.12.17 MEMORANDUM TO: Medina City Council FROM: Scott Johnson, City Administrator DATE OF REPORT: May 11, 2017 DATE OF MEETING: May 16, 2017 SUBJECT: May 16, 2017 - Work Session Work Session 6:30 PM Housing Ordinance Changes/Study for Predatory Offenders Attorney Andrew Biggerstaff from Kennedy & Graven attended the March 7th City Council Meeting in place of City Attorney Ron Batty. Mr. Biggerstaff presented to the City Council on this topic. Chief Belland and City Planner Finke have put together the attached draft ordinance and map based on the Council discussion with Mr. Biggerstaff. Staff is requesting City Council review and discussion of the proposed ordinance. MEDINA POLICE DEPARTMENT 600 Clydesdale Trail Medina, MN 55340.9790 p: 763.473-9209 f: 763.473-8858 non -emergency: 763-525-6210 MEMORANDUM Emergency 9.1_1 TO: Administrator Scott Johnson and Medina City Council FROM: Edgar J. Belland, Director of Public Safety, Through City Administrator Scott Johnson DATE: May 10, 2017 RE: Proposed Sexual Predator Offender Residency Restriction Ordinance The Medina City Council requested follow-up of the proposed Predatory Sex Offender and Residency Restriction Ordinance. At the March 21th Medina City Council meeting, City Attorney Andrew Biggerstaff briefed the Council on the trend where Minnesota cities are enacting ordinances to address the issue of predatory sex offenders and residency requirements. Biggerstaff explained the different levels of criminal predatory offenders, described the data practice issues related to the predatory offenders, along with language used in other municipalities within Hennepin County. Biggerstaff talked about the regulations limiting predatory offenders from living close to schools, daycares and parks. He wrote the ordinance for the City of Minnetrista. Orono also adopted a very similar ordinance I have reviewed several different ordinances and policies from surrounding communities. I believe that Orono and Minnetrista's ordinances are good models to follow. Attached is the basic ordinance that was passed by Orono and Minnetrista with minor language changes. The main factor in the draft ordinance is the number of feet the predatory offender's residence would be restricted from a school, daycare or park. Attached is a map outlining 500, 1,000, 1,500 and 2,000 feet from each of these designated areas for the Council's consideration. Again, this ordinance is for the worst of the worst offenders; an offender classified as a Level 3. Currently, we have no Level 3 offenders residing in Medina. My recommendation is that the City Council adopts the ordinance with the current language which keeps the 2000 feet restriction as it is proposed. If you have further questions, I will be at the special session on May 16, 2017. CITY OF MEDINA ORDINANCE NO. ### AN ORDINANCE REGARDING PREDATORY OFFENDER RESIDENCY RESTRICTIONS; AMENDING CHAPTER 3 OF THE CITY CODE The City Council of the City of Medina ordains as follows: SECTION I. The Medina city code is amended by adding the following sections to Chapter 3, Section 300 as follows: Section 300.15. Predatory Offender Residency Restrictions Subd. 1. Findings and Intent. (a) Repeat predatory offenders, predatory offenders who use physical violence, and predatory offenders who prey on children are predators who present an extreme threat to the public safety. Predatory offenders are extremely likely to use physical violence and to repeat their offenses. Most predatory offenders commit many offenses, have more victims than are ever reported, and are prosecuted for only a fraction of their crimes. This makes the cost of predatory offender victimization to society at large, while incalculable, clearly exorbitant. (b) It is the intent of this chapter to serve the city's compelling interest to promote, protect and improve the health, safety and welfare of its citizens by establishing areas around locations where children regularly congregate in concentrated numbers, wherein certain predatory offenders are prohibited from establishing temporary or permanent residence. Subd. 2. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: (a) Day Care Center — A facility licensed by the State of Minnesota in which care, supervision and training for individuals under the age of 18 is provided for part of a 24-hour period. (b) Designated Offender — Any person who has been categorized as a Level III predatory offender under Minnesota Statutes § 244.052, a successor statute, or a similar statute from another state. (c) Park or Playground — Any land, including improvements, but excluding trails and sidewalks, operated by the city, county, or the Three Rivers Park District for the use by the general public as a recreational area. (d) Permanent Residence — A place where a person abides, lodges or resides for 14 or more consecutive days. (e) School — Any public or non-public educational institution that offers educational instruction to individuals under the age of 18. Ordinance No. ### DATE 499436v2 AMB ME230-1P 1 (0 Temporary Residence — A place, other than a person's permanent residence, where a person abides, lodges, or resides for a period of 14 or more days in the aggregate during any calendar year or four or more consecutive or non- consecutive days during any month. Subd. 3. Residency Prohibition; Penalties; Exceptions. (a) Residency Prohibition. (1) It is unlawful for any Designated Offender to establish a Permanent Residence or Temporary Residence within 2,000 feet of any School, Day Care Center, Park or Playground. (2) For purposes of determining the minimum distance separation, the requirement shall be measured by following a straight line from the outer property line of the Permanent Residence or Temporary Residence of the Designated Offender to the nearest outer property line of a School, Day Care Center, Park or Playground. (3) A map of prohibited areas within 2,000 feet of any School, Day Care Center, Park or Playground will be kept by the City of Medina Police Department (b) Penalties. A person who violates this section shall be punished by a fine not exceeding $1,000, or by confinement for a term not exceeding 90 days, or by both such fine and confinement. Each day a person maintains a residence in violation of this chapter constitutes a separate violation. (c) Exceptions. A Designated Offender residing within a prohibited area as described in Section 300.15 Subd. 3(a) does not commit a violation of this section if any of the following apply: (1) The Designated Offender established the Permanent Residence or Temporary Residence and reported and registered the residence pursuant to M.S. § 243.166, § 243.167, or successor statute, prior to the effective date of this section. (2) The Designated Offender was a minor when he or she committed the offense and was not convicted as an adult. (3) The Designated Offender is a minor. (4) The School, Day Care Center, Park or Playground within 2,000 feet of the Designated Offender's Permanent Residence or Temporary Residence was designated or opened after the Designated Offender established the Permanent Residence or Temporary Residence and reported and registered the residence pursuant to M.S. § 243.166 or § 243.167, or successor statute. (5) The residence is also the primary residence of the Designated Offender's parents, grandparents, siblings, spouse, or adult children. (6) The residence is a property owned by the Minnesota Department of Corrections or the federal government. Ordinance No. ### DATE 499436v2 AMB ME230-1P 2 SECTION II. This ordinance shall become effective upon its adoption and publication. Adopted by the Medina city council this day of , 2017. Attest: Jodi M. Gallup, City Clerk Published in the Crow River News on the Ordinance No. ### DATE 499436v2 AMB ME230-1P Bob Mitchell, Mayor 3 day of , 2017. MEDINA Buffer Distances from Parks, Schools, and Daycares Distance 1 500 feet 1000 feet 1500 feet 2000 feet N 0 0.25 0.5 1 Map Date: April 21, 2017 Miles