Moorhead City Council

Committee of the Whole

Monday, September 29, 2014

*At Committee of the Whole Meetings Council Members discusses City business or other matters of interest as determined by the Council. No official action is taken at Committee of the Whole meetings.

Sex Offender Registration Ordinance Discussion

Moorhead Chief of Police David Ebinger reported on his findings from other cities policies.

The City Council discussed the advisability of an ordinance, which would prohibit registered Level 3 Predatory Offenders from residing near schools, school bus stops, churches with youth education programs, parks, playgrounds, and other places frequented by children.

There are currently seven Level 3 Predatory Offenders who are registered in the City of Moorhead. Under Minnesota Law, the block of the registered residence of each of these offenders, along with their identity, is subject to public notification when they move into their new address. Recent requests from those who reside near one of these offenders suggested consideration of restricting the areas of the City in which these offenders would be permitted to reside, a practice commonly known as “Predatory Offender Exclusionary Zones.”

Police Chief Ebinger reported that there is insufficient evidence to recommend residency restrictions as a means of controlling Level III predatory offenders. He stated that the practice is not only ethically questionable, but it leaves the city vulnerable to litigation. “In communities the size of Moorhead, we are faced with the proposition of creating predatory offender free and predatory offender friendly zones within our own community without being able to support the reasoning for such policy with substantiated facts.”

Furthermore, Ebinger stated that the ordinances have simply proven to be ineffective. Studies have shown that victims generally have a known relationship with the offenders. In the instances where registered offenders do re-offend, they do not offend in their neighborhoods, but in areas where it is less likely they will be identified.

In addition, residency restrictions tend to decrease compliance with reporting requirements and increase homelessness on the part of offenders and eliminating the only tools local law enforcement and the public have to monitor Level III Offenders living in our communities.

According to City Attorney John Shockey, there have been several constitutional challenges to local residency restrictions for sex offenders in several states. In a vast majority of these cases, the restrictions have been upheld. Shockey stated that there are no cases arising out of Minnesota that presents a legal challenge to local residency restrictions for sex offenders.

ATV & Snowmobile Ordinance

The Council discussed an ordinance to update the use of recreational vehicles. Because today’s snowmobiles have improved in technology and becoming bigger and faster, the current ordinance has not remained current with those changes. One change to the ordinance would make it unlawful to operate ATVs on flood control structures except for emergencies and approved events.

Council Member Otto related numerous issues including noise pollution provided by citizens in favor of more restrictive use of the various types of machinery for the value of life in those neighborhoods. However, due to the difficulty of policing those types of complaints, a more restrictive ordinance is not enforceable.

Election Judges Needed

The City of Moorhead is looking for election judges to assist citizens during the November 4, 2014 Election.

Qualifications:

• You must be eligible to vote in MN, be able to read, write, and speak English, and be available during August and November

• You cannot be a candidate or the spouse, parent, child, or sibling of any election judge serving or a candidate on the ballot in the same precinct at the same time

• College students at least 18 years old may serve as judges

Mandatory Training will be held on Thursday, October 16, 2014 from 6 pm to 8 pm at the Clay County Courthouse – Moorhead. You must RSVP.

For information to apply, please contact the City Clerk’s office at (218)299-5166.

Remember to

apply for energy rebates

Moorhead Public Service (MPS) wants to remind its customers to apply for energy‑efficiency rebates for qualifying equipment purchased in 2014.

Many residents and businesses have received rebates from MPS since 2010, when MPS launched the Bright Energy Solutions® program in an effort to reduce electric demand and help keep rates as low as possible. Since 2011, MPS customers have received $635,700 in rebates.

Residential customers can receive rebates for energy-efficient air conditioning, as well as new furnaces equipped with an electronically-efficient motor (ECM.) Rebates are also available for ENERGY STAR® dishwashers, clothes washers, refrigerators, dehumidifiers, window air conditioners, ceiling fans, and LED Christmas lights.

Business customers can receive rebates for a wide variety of energy-efficient measures, including lighting, cooling systems, VFDs, and ENERGY STAR® food service equipment.

For more information and rebate applications, contact MPS’ Energy Services Manager Dennis Eisenbraun at 218.477.8018 or visitwww.brightenergysolutions.com.

Occupied Vehicle Damaged

No injuries in vehicle shooting

Moorhead Police were contacted last Sunday morning at the Law Enforcement Center by a victim reporting to have been shot at. The north Moorhead resident indicated that his vehicle was damaged by gunfire as he was attempting to drive away from a male following him that was previously known to him. The victim began traveling southbound toward the Law Enforcement Center in the 1100 block of 9th Street North when the SUV he was driving was struck by bullets that nearly hit him. The incident was reported just before 9:30 a.m. Sunday morning. Police are attempting to locate Juan Francisco Martinez (aka Frankie Martinez) (25 year old from Ada, MN). Investigators are actively conducting this investigation. Anyone with information about the whereabouts of Frankie Martinez is asked to contact their local law enforcement agency and avoid confrontation as he is considered armed and dangerous.

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Moorhead Friends of the

Library Book Sale October 10 & 11



The Friends of the Moorhead Library will host a Used Book Sale in the lower level meeting room of the Moorhead Public Library, 118 5th St. S, on Friday, October 10 and Saturday, October 11 from 10 a.m. to 5 p.m. each day.

Hundreds of materials will be available for purchase including many adult fiction and nonfiction books, periodicals, and more.

Items may be purchased by marked price on Friday, half price on Saturday from 10 a.m. to 1 p.m., and customers may fill a bag with items for five dollars on Saturday from 1 to 5 p.m.

All items were donated by community members. If you have any items you would like to donate prior to the sale, please drop them off at the Library by Wednesday, October 1; children’s books are especially needed. Proceeds of the sale will be used to support the Moorhead Public Library.

For more information please call 218-233-7594 or visit the library at 118 5th St. S. Event information is also available online at www.larl.org. Moorhead Public Library is a branch of Lake Agassiz Regional Library.