Ely City CouncilSeptember 27, 20051
ELY CITY COUNCIL
SPECIAL MEETING
SEPTEMBER 27, 2005
7:00 p.m.
Mayor Dale Stanek called a special meeting of the Ely City Council to order at 7:00 p.m. on September 27, 2005 in the Community/Meeting Room of the Ely Public Library. Council Members present: Kris Tharp, Don Sturgeon, John Smith, Mark Banowetz, Kevin Meskimen. Absent - none. Also present City Attorney Bob Hatala. A list of guests present is attached hereto.
The City Council met in special session, pursuant to notice as required by State Code, to conduct a public hearing regarding proposed Ordinance #182, “An Ordinance Prohibiting Sex Offenders from Residing within Two-Thousand Feet of a Public Park, Public Playground or Public Library” and to consider said ordinance after the close of the public hearing.
Sturgeon, second by Banowetz, moved to approve the agenda as presented. Motion carried – 5 to 0.
Banowetz, second by Meskimen, moved to open a public hearing regarding proposed Ordinance #182 - “An Ordinance Prohibiting Sex Offenders from Residing within Two-Thousand Feet of a Public Park, Public Playground or Public Library”. Motion carried – 5 to 0. Mayor Stanek opened the public hearing at 7:01 p.m.
Public Hearing re: Proposed Ordinance #182.
Mayor Stanek read proposed Ordinance #182 - “An Ordinance Prohibiting Sex Offenders from Residing within Two-Thousand Feet of a Public Park, Public Playground or Public Library”. Clerk-Administrator Anderson reported notice of the public hearing was posted and published in the Cedar Rapids Gazette on September 16, 2005, as required by State law. Anderson reported his office had received no comments, verbally or in writing, regarding the proposed ordinance.
Leslie Holmrighausen stated the last time she checked the Linn County Sheriff’s Department web site there was one person listed on the sex offender registry living in Ely and she now hears rumor of two, and asked if the increase is a result of Ely not having an ordinance of this sort in place. Mayor Stanek stated the City cannot be sure of the reason, and the Linn County Sheriff’s Office knows more on the topic. Ms Holmrighausen asked when the proposed ordinance would take effect. Mayor Stanek stated it would take effect in two or three days, after the City Council adopts it and it is published in the Cedar Rapids Gazette. Ms Holmrighausen asked if the proposed ordinance would violate the constitutional rights of persons on the sex offender registry. City Attorney Bob Hatala stated the proposed Ely ordinance is based on §692A.2A of the Code of Iowa, which prohibits sex offenders from living within 2,000 feet of a school or registered daycare facility. Mr. Hatala stated the constitutionality of §692A.2A of the Code of Iowa has been challenged in court, and has withstood all legal challenges to date, so there is no reason to believe the Ely Ordinance violates the Constitution.
Dawn Kent stated she moved to Ely because she thought it to be a very safe community. Ms Kent stated that if sex offenders are being shunted to Ely because of the effect of other laws the community will be less safe and not a good place for families and young children. Ms Kent stated she is full support of the proposed ordinance.
Ben Kent stated part of his concern is the number of sex offenders moving into Ely, the concentration of a high number of sex offenders in a small community like Ely creates a very high level of risk to the public in Ely.
Shelly Brunssen asked if there is any place in Ely that is not covered by a “safe-zone” where a sex offender could live. Mayor Stanek stated there are a few lots on the northeast end of Ely, and unimproved land at the southeast corner. Ms Brunssen stated she is almost done with the process to establish a registered daycare at her home.
Keith Schulte stated he is a strong supporter of the ordinance. Mr. Schulte stated the law was written to protect children, two-thirds of Ely is new, so the items listed in the State law would not be available in Ely but will probably be here in 10 years. He stated that in this instance the state legislature used a fairly broad brush on sex offenders as a group. Mr. Schulte stated that Ely has a high density of children, and if there is a city that needs the safety this ordinance would provide, it is Ely. Mr. Schulte stated he commends the City Council for considering this ordinance.
Shelly Brunssen asked what the basis was for using 2,000 feet for the separation distance. Mayor Stanek stated Ely tried to mirror the state law. Ms Brunssen asked if the apartments on State Street at the north end of Ely are covered by the proposed ordinance. Mayor Stanek stated those apartments are covered by at least two zones.
Mayor Stanek asked for any further comments regarding the public hearing item from the public. None were received.
Meskimen, second by Tharp, moved to close the public hearing regarding proposed Ordinance #182. Motion carried – 5 to 0. Mayor Stanek closed the public hearing at 7:10 p.m., and declared the meeting to be in regular session.
Ordinance No. 182 – An Ordinance Prohibiting Sex Offenders from Residing within Two-Thousand feet of a Public Park, Public Playground or Public Library.
Sturgeon, second by Banowetz, moved to introduce for approval proposed Ordinance #182, “An Ordinance Prohibiting Sex Offenders from Residing within Two-Thousand Feet of a Public Park, Public Playground or Public Library”, and to place said ordinance on first reading.
Aye: Smith, Sturgeon, Banowetz, Tharp, Meskimen
Nay:None.
Motion carried – 5 to 0.
Meskimen, second by Tharp, moved to waive the second and third readings of Ordinance #182, “An Ordinance Prohibiting Sex Offenders from Residing within Two-Thousand Feet of a Public Park, Public Playground or Public Library”, pursuant to §380.3, Code of Iowa.
Aye: Smith, Sturgeon, Banowetz, Tharp, Meskimen
Nay:None.
Motion carried – 5 to 0.
Tharp, second by Meskimen, moved a resolution for final reading and adoption of Ordinance #182, “An Ordinance Prohibiting Sex Offenders from Residing within Two-Thousand Feet of a Public Park, Public Playground or Public Library”.
Aye: Smith, Sturgeon, Banowetz, Tharp, Meskimen
Nay:None.
Motion carried – 5 to 0.
Banowetz thanked the public for coming out to the public hearing and for calling to discuss the topic. Mr. Banowetz stated Ely is on the cutting edge of this issue, as the first small city in the state of Iowa to consider this type of ordinance.
Tharp, second by Sturgeon, moved to adjourn. Motion carried – 5 to 0. The meeting adjourned at 7:14 pm.
Dale Stanek, Mayor
Attest:
Aaron Anderson, Clerk/Administrator