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Home My WebLink AboutCouncil Information Memorandum 01-25-2018CITY OF PLYMOUTH COUNCIL INFO MEMO January 25, 2018 EVENTS / MEETINGS Official City Meeting Calendars ......................................................................................................... Page 2 Tentative List of Agenda Items ........................................................................................................... Page 5 CORRESPONDENCE Twin Cities Largest SBA Lenders ....................................................................................................... Page 6 Rezoning and Preliminary Plat for Summers Edge Phase 3 (2017107) .............................................. Page 7 Rezoning and Preliminary Plat for The Woods at Taylor Creek Located at 5464 and 5370 Vicksburg Lane and Outlot B Hampton Hills South Plateau (2017110) ............. Page 8 REPORTS & OTHER ARTICLES OF INTEREST Minnesota Sex Offenders Challenge a City's Ban, Star Tribune....................................................... Page 10 SUN MON TUE WED THU FRI SAT 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 January 2018 3400 Plymouth Boulevard Plymouth, MN 55447 OFFICIAL CITY CALENDAR Phone: 763-509-5000 Fax: 763-509-5060 7:00 PM PARK & REC ADVISORY COMMISSION MEETING Council Chambers SUN TUES MON WED THUR FRI SAT CHANGES ARE NOTED IN RED 5:30 PM SPECIAL COUNCIL MEETING Goals/Legislative Priorities Medicine Lake Room 7:00 PM REGULAR COUNCIL MEETING Council Chambers 7:00 PM PLANNING COMMISSION MEETING Council Chambers NEW YEAR’S DAY CITY OFFICES CLOSED 7:00 PM PLANNING COMMISSION MEETING Council Chambers 7:00 PM ENVIRONMENTAL QUALITY COMMITTEE MEETING Medicine Lake Room MARTIN LUTHER KING JR. BIRTHDAY CITY OFFICES CLOSED CANCELLED 7:00 PM HOUSING AND REDEVELOPMENT AUTHORITY MEETING Medicine Lake Room 5:30 PM SPECIAL COUNCIL MEETING Highway 169 Mobility Study Medicine Lake Room 7:00 PM REGULAR COUNCIL MEETING Council Chambers Page 2 SUN MON TUE WED THU FRI SAT 1 2 3 3:00 PM - 7:00 PM Fire & Ice Festival Parkers Lake Park 4 5 6 7 8 9 10 11 12 13 14 7:00 PM ENVIRONMENTAL QUALITY COMMITTEE MEETING Medicine Lake Room 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SUN TUES MON WED THUR FRI SAT February 2018 3400 Plymouth Boulevard Plymouth, MN 55447 OFFICIAL CITY CALENDAR Phone: 763-509-5000 Fax: 763-509-5060 7:00 PM PLANNING COMMISSION MEETING Council Chambers 7:00 PM PARK & REC ADVISORY COMMISSION MEETING Council Chambers 7:00 PM HOUSING AND REDEVELOPMENT AUTHORITY MEETING Medicine Lake Room 5:30 PM SPECIAL COUNCIL MEETING Plymouth Creek Center improvements Medicine Lake Room 7:00 PM REGULAR COUNCIL MEETING Council Chambers 5:30-7:00 PM Board & Commission Social Medicine Lake Room 7:00 PM REGULAR COUNCIL MEETING Council Chambers PRESIDENTS DAY CITY OFFICES CLOSED 7:00 PM PLANNING COMMISSION MEETING Council Chambers Page 3 SUN MON TUE WED THU FRI SAT 1 2 3 4 1:00 PM - 4:00 PM Healthy Living Fair Plymouth Creek Center 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 7:00 PM PLANNING COMMISSION MEETING Council Chambers 22 23 24 25 26 27 28 29 30 31 March 2018 3400 Plymouth Boulevard Plymouth, MN 55447 OFFICIAL CITY CALENDAR Phone: 763-509-5000 Fax: 763-509-5060 7:00 PM PLANNING COMMISSION MEETING Council Chambers 7:00 PM ENVIRONMENTAL QUALITY COMMITTEE MEETING Medicine Lake Room 7:00 PM HOUSING AND REDEVELOPMENT AUTHORITY MEETING Medicine Lake Room 7:00 PM REGULAR COUNCIL MEETING Council Chambers SUN TUES MON WED THUR FRI SAT 7:00 PM REGULAR COUNCIL MEETING Council Chambers Page 4 Note: Special Meeting topics have been set by Council; all other topics are tentative. EDA refers to the Economic Development Authority Tentative Schedule for City Council Agenda Items February 13, Special, 5:30 p.m. Medicine Lake Room • Plymouth Creek Center improvements February 13, Regular, 7:00 p.m. Council Chambers • Approve temporary liquor license application of Helping Haiti Work Association for an event on March 10 February 27, Board and Commission Social, 5:30 p.m. Medicine Lake Room February 27, Regular, 7:00 p.m. Council Chambers • Recognize board and commission members • Quarterly City Manager’s update following regular meeting March 13, Regular, 7:00 p.m. Council Chambers March 27, Regular, 7:00 p.m. Council Chambers April 10, Special, 5:30 p.m. Medicine Lake Room • Hotel licensing April 10, Regular, 7:00 p.m. Council Chambers April 24, Regular, 7:00 p.m. Council Chambers May 8, Special, 5:00 p.m. Medicine Lake Room • Fire Department update May 8, Regular, 7:00 p.m. Council Chambers May 22, Regular, 7:00 p.m. Council Chambers Page 5 Page 6 Page 7 Page 8 Page 9 LOCAL 470718623 Minnesota sex offenders challenge a city's ban Offenders have been cleared for state release but have nowhere to go, lawsuit says. By Chris Serres Star Tribune JANUARY 23, 2018 — 4:38PM A dozen sex offenders remain stuck at the Minnesota Sex Offender Program (MSOP), in part because state officials have nowhere to send them amid a flurry of ordinances like the one in Dayton. Three convicted rapists awaiting release from state custody are suing the city of Dayton, Minn., over an ordinance that virtually bans them from living in the city, arguing that the measure violates their Constitutional rights and is trumped by state law. The men are challenging a far-reaching 2016 ordinance that bars convicted sex offenders from living within 2,000 feet of any school, day care center, park, playground, public bus stop — even a pumpkin patch or apple orchard — within the city of Dayton, a rural community of about 5,000 residents northwest of the Twin Cities. Page 10 Because of the ordinance, they argue, the three offenders remain unjustly confined at the Minnesota Sex Offender Program (MSOP) facility in St. Peter — more than a year after they were cleared for conditional release to a three-bedroom group home in Dayton, where they would have lived under 24-hour surveillance. The lawsuit was filed this month in Hennepin County District Court. The lawsuit is among the first legal challenges in Minnesota to residency restrictions against sex offenders, and could determine the fate of dozens of similar measures across the state. More than 80 localities have enacted such ordinances, amid a growing local backlash against the state’s efforts to return sex offenders to the community. The restrictions have created a dilemma for the state agency that oversees the MSOP, which is under legal pressure to release more offenders but is running out of community facilities where they can send them. A total of 12 offenders who have been approved for conditional release remain stuck at the program’s treatment facilities as a large and growing swath of the state becomes off-limits to sex offenders. “The current situation is untenable,” said Eric Janus, a professor at Mitchell Hamline School of Law and author of a book on sex offender laws. “These former offenders are entitled to be released, yet they continue to be held, by local actions that are subverting state law.” Dayton’s mayor, Tim McNeil, said Tuesday that the city “intends to defend the ordinance to the extent that we can,” but declined to comment further. An attorney for the city said a response to the lawsuit would be filed with the court on Wednesday. Deemed safe The three offenders seeking to move to Dayton are older men with long and violent criminal histories. They include Ben Braylock, 86, who stabbed his wife to death in 1981 and, after serving prison time for the murder, raped two teenage girls; Demetrius A. Mathews, 54, who was sentenced to prison in 1983 for raping his 12-year-old niece, and later admitted to molesting a 3-year-old girl; and Marvin L. Breland, 60, who was convicted on three separate cases of forcing women into sexual acts while threatening them with weapons, according to court records. “These are individuals who have served their criminal sentences, and that professionals have determined are safe to return to the community in a limited setting,” said Andrew Holly, a partner with the Minneapolis law firm Dorsey & Whitney LLP, which brought the suit. Page 11 The push to enact such ordinances has intensified since the summer of 2015, when U.S. District Judge Donovan Frank ruled that Minnesota’s sex offender program was unconstitutional and ordered sweeping changes. Although that ruling was overturned by a higher court, the state has been under pressure to show that it operates an effective treatment program and is not simply confining sex offenders indefinitely as punishment. In response, local governments rushed to pass residency restrictions before offenders moved into their communities. There are now 85 communities in Minnesota with such restrictions, up from about 50 less than two years ago, according to the Minnesota Department of Corrections. Two counties, Chisago and Le Sueur County, have passed county-wide residency restrictions. Dayton’s ordinance, passed in October 2016, is unusually broad. Its long list of areas identified as off- limits to convicted sex offenders includes athletic fields, ice skating facilities, bowling alleys, dance academies and public libraries. The ordinance also bans offenders from distributing candy on Halloween, and makes it illegal for them to “leave an exterior porch light on” to attract trick-or-treaters, among other restrictions. Attorneys for the offenders argue that the ordinance is superseded by Minnesota’s sex offender law, which regulates how and when a person civilly committed as a sex offender should be returned to the community. Under the law, offenders have a right to petition for release and state panels have the sole authority to approve or reject them, according to the suit. “By restricting them from living in the normal world,’’ Holly said, the city of Dayton “is making it impossible to follow court orders and the appropriate state rules and regulations.” Criminal justice researchers have found that geographic-based residency restrictions are largely ineffective at preventing sex crimes, in part because offenders tend to victimize people they know rather than pursue strangers living in close proximity to them. In a widely-cited study, research director Grant Duwe at the state Department of Corrections analyzed the case histories of 224 sex offenders who were reincarcerated for a sex crime prior to 2006. He found that not a single one of their offenses would have been prevented by a residency restriction law. Of the few offenders who contacted a juvenile victim near their homes, none did so near a school, park, playground or other location included in residential restriction laws, he found. Page 12 By limiting community options, the ordinances can actually endanger the public by making it more difficult for state correctional facilities to release offenders to stable facilities that offer safe supervision, Duwe said. “There is absolutely no public safety benefit to residency restrictions -- none at all,” Duwe said. chris.serres@startribune.com 612-673-4308 chrisserres Page 13