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Item No: 07E Meeting Date: November 28, 2016 Type of Business: Council Business City of Mounds View Staff Report To: Honorable Mayor and City Council From: James Ericson, City Administrator Item Title/Subject: Introduction and First Reading of Ordinance 930, an Ordinance Regulating the Locations of Residency of Certain Registered Offenders within the City of Mounds View Introduction: Many cities in Minnesota have adopted ordinances to regulate and restrict where predatory offenders can reside, in an effort to protect the health, safety and welfare of children and vulnerable adults. While Minnesota law does not explicitly confer such power onto municipalities, cities are taking pre-emptive action to restrict Level 3 Predatory Offenders from residing in certain areas. Mounds View’s ordinance was prepared by Kennedy & Graven, yet replicates many of the same standards adopted by other cities. Discussion: Presently a Level 3 Predatory Offender could be released to live in the community with no power to restrict the location. According to the City Attorney, State law does provide some control, in that, “the agency responsible for the offender’s supervision [can take into account] the proximity of the offender’s residence to that of other level III offenders and proximity to schools, and, to the greatest extent feasible, [ ] mitigate the concentration of level III offenders and concentration of level III offenders near schools.” Subd. 3 of that same statute gives the end-of-confinement review committee the ability to determine if residency restrictions should be part of the conditions of release.” Local regulation of where a released offender can live is widespread across the country. Recently, the City of Dayton was surprised to learn that the Minnesota Sex Offender Program (MSOP) had intended to locate three offenders in a home in its community. It was reported by KSTP (article attached, dated Oct 20, 2016) that MSOP admitted they purposefully look for cities without an ordinance that restricts where sex offenders can live. Upon learning this, staff immediately reached out to the City Attorney to prepare an ordinance that would mirror what’s already been adopted without being so restrictive to warrant a legal challenge. Mounds View’s ordinance is similar to other cities’ ordinances in that designated Level 3 Predatory Offenders would be prohibited from residing within 2,000 feet of any school, licensed day care center, place of worship that provides regular educational programs, parks, or playgrounds. Staff will have a map illustrating these protected areas available for review at the second reading and adoption of the proposed ordinance.