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06/11/2019 - City Council Special
SPECIAL CITY COUNCIL MEETING TUESDAY JUNE 11, 2019 5:30 P.M. EAGAN ROOM—EAGAN MUNICIPAL CENTER AGENDA I. ROLL CALL AND ADOPTION OF THE AGENDA II. VISITORS TO BE HEARD III. “STATE OF THE LIBRARY” PRESENTATION IV. BODY WORN CAMERA DISCUSSION V. REVIEW OF LAND USE AND PROPERTY TAX DATA VI. GOVERNMENT ALLIANCE ON RACE AND EQUITY (GARE) UPDATE VII. 2020-2021 BUDGET PROCESS UPDATE VIII. OTHER BUSINESS IX. ADJOURNMENT Agenda Information Memo June 11, 2019 Eagan Special City Council Meeting III. “State of the Library” Presentation Action For Consideration: No action required. This is an informational presentation. Facts: Wescott Library Branch Manager Amanda Feist will be in attendance to provide a “State of the Library” presentation to Council. Attachments: (1) III.-1 Presentation 6/4/2019 1 6/4/2019 2 The Library Today Visitors Items Borrowed Online Access Website Traffic 6/4/2019 3 Visitors Items Borrowed Online Access Website Traffic Visitors Items Borrowed Online Access Website Traffic 6/4/2019 4 Visitors Items Borrowed Online Access Website Traffic The Library Tomorrow 6/4/2019 5 Agenda Information Memo June 11, 2019 Eagan Special City Council Meeting CONSENT AGENDA IV.Body Worn Camera Discussion Action To Be Considered: Review and comment on the proposed addition of Body Worn Cameras (BWC) by the Police Department. Facts: ➢The Police Department asked for funds to purchase BWC, as part of our 2020 CIP budget submission which was approved. ➢The department is interested in acquiring BWC for transparency, liability and investigative purposes. ➢The department is currently working with vendors on pricing. ➢Minnesota State Statute 626.8473 requires law enforcement to provide an opportunity for comment from the public and governing body over the budget prior to implementation. ➢Statute also requires the department to develop a policy, which addresses audits, access to the data and guidelines for usage. ➢The department would also seek the input of staff prior to implementation. ➢The budget implications created by BWC would be an increase in prosecution, data storage and maintenance fees, which will be reviewed as part of the 2020-2021 operating budget process and presented at the August City Council workshop. Attachments: (3) IV-1 Minnesota State Statute 626.8473 Portable Records System Adoption IV-2 MN Data Practice 13825 Recording System IV-3 PowerPoint Presentation 626.8473 PORTABLE RECORDING SYSTEMS ADOPTION; WRITTEN POLICY REQUIRED. Subdivision 1.Definition.As used in this section, "portable recording system" has the meaning provided in section 13.825, subdivision 1. Subd. 2.Public comment.A local law enforcement agency must provide an opportunity for public comment before it purchases or implements a portable recording system. At a minimum, the agency must accept public comments submitted electronically or by mail, and the governing body with jurisdiction over the budget of the law enforcement agency must provide an opportunity for public comment at a regularly scheduled meeting. Subd. 3.Written policies and procedures required.(a) The chief officer of every state and local law enforcement agency that uses or proposes to use a portable recording system must establish and enforce a written policy governing its use. In developing and adopting the policy, the law enforcement agency must provide for public comment and input as provided in subdivision 2. Use of a portable recording system without adoption of a written policy meeting the requirements of this section is prohibited. The written policy must be posted on the agency's website, if the agency has a website. (b) At a minimum, the written policy must incorporate the following: (1) the requirements of section 13.825 and other data classifications, access procedures, retention policies, and data security safeguards that, at a minimum, meet the requirements of chapter 13 and other applicable law; (2) procedures for testing the portable recording system to ensure adequate functioning; (3) procedures to address a system malfunction or failure, including requirements for documentation by the officer using the system at the time of a malfunction or failure; (4) circumstances under which recording is mandatory, prohibited, or at the discretion of the officer using the system; (5) circumstances under which a data subject must be given notice of a recording; (6) circumstances under which a recording may be ended while an investigation, response, or incident is ongoing; (7) procedures for the secure storage of portable recording system data and the creation of backup copies of the data; and (8) procedures to ensure compliance and address violations of the policy, which must include, at a minimum, supervisory or internal audits and reviews, and the employee discipline standards for unauthorized access to data contained in section 13.09. History: 2016 c 171 s 6 Copyright © 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved. 626.8473MINNESOTA STATUTES 20181 13.825 PORTABLE RECORDING SYSTEMS. Subdivision 1.Application; definition.(a) This section applies to law enforcement agencies that maintain a portable recording system for use in investigations, or in response to emergencies, incidents, and requests for service. (b) As used in this section: (1) "portable recording system" means a device worn by a peace officer that is capable of both video and audio recording of the officer's activities and interactions with others or collecting digital multimedia evidence as part of an investigation; (2) "portable recording system data" means audio or video data collected by a portable recording system; and (3) "redact" means to blur video or distort audio so that the identity of the subject in a recording is obscured sufficiently to render the subject unidentifiable. Subd. 2.Data classification; court-authorized disclosure.(a) Data collected by a portable recording system are private data on individuals or nonpublic data, subject to the following: (1) data that document the discharge of a firearm by a peace officer in the course of duty, if a notice is required under section 626.553, subdivision 2, or the use of force by a peace officer that results in substantial bodily harm, as defined in section 609.02, subdivision 7a, are public; (2) data are public if a subject of the data requests it be made accessible to the public, except that, if practicable, (i) data on a subject who is not a peace officer and who does not consent to the release must be redacted, and (ii) data on a peace officer whose identity is protected under section 13.82, subdivision 17, clause (a), must be redacted; (3) portable recording system data that are active criminal investigative data are governed by section 13.82, subdivision 7, and portable recording system data that are inactive criminal investigative data are governed by this section; (4) portable recording system data that are public personnel data under section 13.43, subdivision 2, clause (5), are public; and (5) data that are not public data under other provisions of this chapter retain that classification. (b) A law enforcement agency may redact or withhold access to portions of data that are public under this subdivision if those portions of data are clearly offensive to common sensibilities. (c) Section 13.04, subdivision 2, does not apply to collection of data classified by this subdivision. (d) Any person may bring an action in the district court located in the county where portable recording system data are being maintained to authorize disclosure of data that are private or nonpublic under this section or to challenge a determination under paragraph (b) to redact or withhold access to portions of data because the data are clearly offensive to common sensibilities. The person bringing the action must give notice of the action to the law enforcement agency and subjects of the data, if known. The law enforcement agency must give notice to other subjects of the data, if known, who did not receive the notice from the person bringing the action. The court may order that all or part of the data be released to the public or to the person bringing the action. In making this determination, the court shall consider whether the benefit to the person bringing the action or to the public outweighs any harm to the public, to the law enforcement agency, Copyright © 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved. 13.825MINNESOTA STATUTES 20181 or to a subject of the data and, if the action is challenging a determination under paragraph (b), whether the data are clearly offensive to common sensibilities. The data in dispute must be examined by the court in camera. This paragraph does not affect the right of a defendant in a criminal proceeding to obtain access to portable recording system data under the Rules of Criminal Procedure. Subd. 3.Retention of data.(a) Portable recording system data that are not active or inactive criminal investigative data and are not described in paragraph (b) must be maintained for at least 90 days and destroyed according to the agency's records retention schedule approved pursuant to section 138.17. (b) Portable recording system data must be maintained for at least one year and destroyed according to the agency's records retention schedule approved pursuant to section 138.17 if: (1) the data document (i) the discharge of a firearm by a peace officer in the course of duty if a notice is required under section 626.553, subdivision 2, or (ii) the use of force by a peace officer that results in substantial bodily harm; or (2) a formal complaint is made against a peace officer related to the incident. (c) If a subject of the data submits a written request to the law enforcement agency to retain the recording beyond the applicable retention period for possible evidentiary or exculpatory use related to the circumstances under which the data were collected, the law enforcement agency shall retain the recording for an additional time period requested by the subject of up to 180 days and notify the requester that the recording will then be destroyed unless a new request is made under this paragraph. (d) Notwithstanding paragraph (b) or (c), a government entity may retain a recording for as long as reasonably necessary for possible evidentiary or exculpatory use related to the incident with respect to which the data were collected. Subd. 4.Access by data subjects.(a) For purposes of this chapter, a portable recording system data subject includes the peace officer who collected the data, and any other individual or entity, including any other peace officer, regardless of whether the officer is or can be identified by the recording, whose image or voice is documented in the data. (b) An individual who is the subject of portable recording system data has access to the data, including data on other individuals who are the subject of the recording. If the individual requests a copy of the recording, data on other individuals who do not consent to its release must be redacted from the copy. The identity and activities of an on-duty peace officer engaged in an investigation or response to an emergency, incident, or request for service may not be redacted, unless the officer's identity is subject to protection under section 13.82, subdivision 17, clause (a). Subd. 5.Inventory of portable recording system technology.A law enforcement agency that uses a portable recording system must maintain the following information, which is public data: (1) the total number of recording devices owned or maintained by the agency; (2) a daily record of the total number of recording devices actually deployed and used by officers and, if applicable, the precincts in which they were used; (3) the policies and procedures for use of portable recording systems required by section 626.8473; and (4) the total amount of recorded audio and video data collected by the portable recording system and maintained by the agency, the agency's retention schedule for the data, and the agency's procedures for destruction of the data. Copyright © 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved. 2MINNESOTA STATUTES 201813.825 Subd. 6.Use of agency-issued portable recording systems.While on duty, a peace officer may only use a portable recording system issued and maintained by the officer's agency in documenting the officer's activities. Subd. 7.Authorization to access data.(a) A law enforcement agency must comply with sections 13.05, subdivision 5, and 13.055 in the operation of portable recording systems and in maintaining portable recording system data. (b) The responsible authority for a law enforcement agency must establish written procedures to ensure that law enforcement personnel have access to the portable recording system data that are not public only if authorized in writing by the chief of police, sheriff, or head of the law enforcement agency, or their designee, to obtain access to the data for a legitimate, specified law enforcement purpose. Subd. 8.Sharing among agencies.(a) Portable recording system data that are not public may only be shared with or disseminated to another law enforcement agency, a government entity, or a federal agency upon meeting the standards for requesting access to data as provided in subdivision 7. (b) If data collected by a portable recording system are shared with another state or local law enforcement agency under this subdivision, the agency that receives the data must comply with all data classification, destruction, and security requirements of this section. (c) Portable recording system data may not be shared with, disseminated to, sold to, or traded with any other individual or entity unless explicitly authorized by this section or other applicable law. Subd. 9.Biennial audit.(a) A law enforcement agency must maintain records showing the date and time portable recording system data were collected and the applicable classification of the data. The law enforcement agency shall arrange for an independent, biennial audit of the data to determine whether data are appropriately classified according to this section, how the data are used, and whether the data are destroyed as required under this section, and to verify compliance with subdivisions 7 and 8. If the governing body with jurisdiction over the budget of the agency determines that the agency is not complying with this section or other applicable law, the governing body may order additional independent audits. Data in the records required under this paragraph are classified as provided in subdivision 2. (b) The results of the audit are public, except for data that are otherwise classified under law. The governing body with jurisdiction over the budget of the law enforcement agency shall review the results of the audit. If the governing body determines that there is a pattern of substantial noncompliance with this section, the governing body must order that operation of all portable recording systems be suspended until the governing body has authorized the agency to reinstate their use. An order of suspension under this paragraph may only be made following review of the results of the audit and review of the applicable provisions of this chapter, and after providing the agency and members of the public a reasonable opportunity to respond to the audit's findings in a public meeting. (c) A report summarizing the results of each audit must be provided to the governing body with jurisdiction over the budget of the law enforcement agency and to the Legislative Commission on Data Practices and Personal Data Privacy no later than 60 days following completion of the audit. Subd. 10.Notification to BCA.Within ten days of obtaining new surveillance technology that expands the type or scope of surveillance capability of a portable recording system device beyond video or audio recording, a law enforcement agency must notify the Bureau of Criminal Apprehension that it has obtained the new surveillance technology. The notice must include a description of the technology and its surveillance Copyright © 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved. 13.825MINNESOTA STATUTES 20183 capability and intended uses. The notices are accessible to the public and must be available on the bureau's website. Subd. 11.Portable recording system vendor.(a) For purposes of this subdivision, "portable recording system vendor" means a person who is not a government entity and who provides services for the creation, collection, retention, maintenance, processing, or dissemination of portable recording system data for a law enforcement agency or other government entity. By providing these services to a government entity, a vendor is subject to all of the requirements of this chapter as if it were a government entity. (b) A portable recording system vendor that stores portable recording system data in the cloud must protect the data in accordance with the security requirements of the United States Federal Bureau of Investigation Criminal Justice Information Services Division Security Policy 5.4 or its successor version. (c) Subject to paragraph (d), in an action against a vendor under section 13.08 for a violation of this chapter, the vendor is liable for presumed damages of $2,500 or actual damages, whichever is greater, and reasonable attorney fees. (d) In an action against a vendor that improperly discloses data made not public by this chapter or any other statute classifying data as not public, the vendor is liable for presumed damages of $10,000 or actual damages, whichever is greater, and reasonable attorney fees. Subd. 12.Penalties for violation.In addition to any other remedies provided by law, in the case of a willful violation of this section a law enforcement agency is subject to exemplary damages of not less than twice the minimum, nor more than twice the maximum allowable for exemplary damages under section 13.08, subdivision 1. History: 2016 c 171 s 5 Copyright © 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved. 4MINNESOTA STATUTES 201813.825 Eagan Police Department mission statement: The Eagan Police Department is committed to providing public safety, and maintaining public trust by serving with respect and professionalism Purpose •Provide you with some background on BWC, as it relates to EPD. •To get your feedback. •Explain what my desires are moving forward. History •2012 The department implemented In-Squad Cameras. •2014 We started looking at the Pros and Cons of BWC. •2017 The department started looking for grants. •2018 We were approved to purchase BWC. •2019-20 We were again approved to purchase BWC. History Officer Involved Shooting: •Prior to 2017, the County Attorney (CA) would convene a Grand Jury. •Jim Backstrom, Dakota CA, followed the decision of the Ramsey CA, Choi, and the Hennepin CA, Freeman, and decided his office would make charging decisions in these cases. •Chief’s questioned this decision. Staff Feedback Strategic Planning 2018: •“We don’t need them to be effective or improve our level of service to the community.” ➢Pointed to high approval rating by community. •“However we realize they are coming.” Staff Feedback Strategic Planning 2018: •“Nice to have as a tool”: ➢Investigative purposes ➢Liability ➢Evidentiary purposes ➢Protect staff from false allegations Videos Who has BWC in the County •Burnsville Yes 2010 •Farmington Yes 2014 •Inver Grove Heights Yes 2018 •South St. Paul Yes 2019 •Apple Valley Yes 2019 •Hastings Yes 2019 •Lakeville Pending 2019 •DCSO Pending 2019 •W. St. Paul Pending 2019 ***We are the only agency in the county that has not committed to getting BWC*** Other Comparable Cities •Blaine Yes 2016 •Woodbury Yes 2019 •Maple Grove Yes 2018 •Plymouth Pending 2019 •Edina Pending 2020 State Statute •Mn State Statute requires Law Enforcement to provide an opportunity for comment from the public and governing body of the budget prior to implementation. •Filling this requirement ➢This Meeting ➢August Council Workshop Things to do •Policy ➢Data classification ➢Access to data procedures ➢Security safeguards ➢Retention ➢Audits Things to do •Meeting with my Staff •Community Feedback ➢Rotary ➢Open House ➢Coffee with a Cop ➢National Night Out Vendors •Axon •Panasonic ➢We currently use this product for our In-Squad car cameras. •Watch Guard ***Selection will be based on reliability, ease of usage, storage and cost*** Budget Implications •Prosecution Fees $2,500-$5,000 •Five Year Contract (Estimated): o Initial purchase –1st Year $75,000 ➢BWC, Maintenance, Data Storage o Year’s 2-5 $32,000 ➢Maintenance, Data Storage, Warranty Summary •Move forward with the purchase of BWC in 2020. •BWC will provide officers with another tool to effectively do their job. ➢Investigative and evidentiary purposes ➢Protect staff and city from false allegations •They will promote transparency. Videos Summary Perfect timing!!!! ➢High satisfaction rating ➢No public pressure ➢Not following a high profile incident Agenda Information Memo June 11, 2019 Eagan Special City Council Meeting V.Review of Land Use And Property Tax Data Direction To Be Considered: To provide direction to Staff on the merits of including in the 2020 or 2021 Budget funds to allow for the preparation of a land use and property tax study for the City of Eagan. Facts: On occasion, the City Council is asked to consider a change in the land use guide designation of land in the City of Eagan. As part of that discussion, it is not uncommon for the City Council to address the fiscal impact to the City of the requested land use change. This may include, but not be limited to the property tax revenue generated from certain land use designations: residential low density, medium density, commercial and industrial; which might then be compared against the expenditures incurred by the City to service those same types of property. Throughout the last several months, Staff conducted certain limited analysis of 2017-2018 public safety calls (as a proxy for expenditures) by land use type and compared those to property tax capacity (proxy for revenues) for those land use designations; if you will a “high level” comparison of City revenues vs. expenditures for various land use designations. Northland Securities has augmented Staff’s analysis by incorporating estimated allocations of Public Works and Parks/Recreation resources by property type to test whether the results would mirror the conclusions of a 2012 TischlerBise Study prepared for the Minnesota Department of Revenue. During its most recent meeting on April 9, 2019 the Finance Committee reviewed the following conclusions: a.) The TischlerBise study suggest generally that Commercial and Industrial (C/I) property taxes more than cover the cost of services provided to those properties, while taxes on residential properties do not cover costs. b.) The City’s simplistic study of 911 calls indicates that C/I taxes do not cover cost, and neither to taxes on high-density residential; only low to medium density residential taxes cover costs. c.) Northland’s augmentation of the City’s study appears to confirm the results of the TischlerBise Report: C/I property taxes more than cover the costs to serve C/I properties, while the opposite is the case for residential. This also seems to confirm that 911 calls alone are not a good proxy for total costs. The Finance Committee directed Staff to contact both Northland Securities and TischlerBise to learn what they would charge the City to conduct a more in depth and specific to Eagan study on land use and property tax implications. Depending on what the City would determine are the deliverables, depth of study and method allocating costs against certain land uses, Northland estimates the costs for such a study would be in the $20,000-$50,000 range. In the proposal received from TischlerBise, they estimate the costs would be $43,000. Attachments: (3) V.-1 Net fiscal impact for Developed City by Property Type (TischlerBise) V.-2 911 Calls and Tax Revenues by Property Type (Staff) V.-3 Total Service Calls and Tax Revenues by Property Type (Northland) 60.0% 50.0% 40.0 30.0% 20.0% 10.0% 0.0% Service costs vs. revenues 2017-18 9-1-1 calls only Eagan staff data ■ Service costs Revenues Residential - Residential - High- Commercial Low/Med-density density M Industrial 0 0 1 " X IV O rD 0 Q O O (D N Cr rD "G C fD Q fD i N rD Q O N C) N a) rr lD v CL X LA n CD N N• N� C � LA Ln rD (D O_ O_ 0) 0) N y C.1 G.7 O p X X A O fD n 3 O_ C H rF I 4 rF S fD Millions CD L o u o Ln fl t a 0 --I 0 w Ln fD I C fD. O N e-+ N rD rD rD N O 0000 fu O fu rF m Q O (A rf O M � Vf i m i O M N rF O m rF rF m Agenda Information Memo June 11, 2019 Eagan Special City Council Meeting VI. Government Alliance on Race and Equity (GARE) Update Action to Be Considered: No action is needed. This item is for information only. Facts: ➢In 2018, the City of Eagan became a member of the Government Alliance on Race and Equity (GARE). ➢GARE, sponsored by the League of Minnesota Cities, is a national network of government agencies working to achieve racial equity and advance opportunities for all. ➢Year-one in GARE is an internal focus—looking for improvements within the organization. ➢The training was beneficial in teaching the proper language to use when discussing race and provided models to follow to review practices, policies, and procedures with a racial equity lens. ➢Over the past 18 months, the following actions have occurred to advance racial equity: o The City created a GARE team, with members attending monthly training sessions throughout the Twin Cities to learn how to advance racial equity. o The City created a racial equity statement to guide our actions. o The City’s Inclusivity Team, which existed prior to the GARE effort, provided activities for employees to foster inclusivity in our organization. o Census data was reviewed to better understand the makeup of the Eagan community (e.g. People of color represent 26% of Eagan’s population). o Citizen survey data was reviewed, showing the differences in the rating of city services between the white population and people of color. o An all-employee survey was administered to better understand our employee’s understanding of racial equity, which was used as a baseline to evaluate training needs. o All-employee racial equity trainings were provided to approximately 170 employees by Police Sergeant Jenni Wegner and Recreation Supervisor Loudi Rivamonte, both of whom are experienced trainers on this topic. The training focused on the history of institutional racism and implicit bias. Police already provide similar, mandated training each year to their officers. ➢Through the GARE process, City staff were asked t o review policies and procedures using a racial equity lens. ➢Two examples of changes this past year include changes to the “snow bird” policy at the ECC, which was expanded to allow members to suspend their membership at the ECC in instances where they are leaving the country for an extended period. Secondly, the recreation fee policy and scholarship program were modified to be more inclusive, encouraging people of all ages and cultures to participate in our programming. ➢The formal GARE program ended after one-year and a decision was made to no longer be members of GARE. Rather, the City’s GARE and Inclusivity Teams have merged to create a single Racial Equity and Inclusion Team, or REI, with the intent of continuing our racial equity efforts. ➢The REI team is now working on building from our initial employee training to determine next steps as we seek to advance racial equity both in our organization and within the community. Attachments: (2) VI.-1 GARE Team Roster VI.-2 Eagan’s Equity Statement 2018 GARE Introductory Cohort Members 1. Dave Osberg, City Administrator 2. Dianne Miller, Assistant City Administrator 3. Darrin Bramwell, Deputy Fire Chief 4. Dakota Kenyon, Fitness Coordinator 5. Loudi Rivamonte, Recreation Program Supervisor 6. Alexandra O’Leary, Accountant 7. Jill Hutmacher, Community Development Director 8. William Henk, Property Maintenance Specialist 9. Jenni Wegner, Police Sergeant City of Eagan Racial Equity Statement The City of Eagan is committed to building a racially equitable and inclusive community. Eagan is taking purposeful action to advance this commitment by: • Reviewing current practices through a racially equitable lens. • Transforming the methods in which we develop policies , procedures and programs to ensure that each reflects the principles of equity and fairness for all community members. • Developing a mechanism to measure progress and evaluate outcomes. The City of Eagan’s strategic plan reflects the importance of equity and inclusion through the following desired outcomes: • Ensure that all community members equitably benefit from the economic prosperity of the city, and that hiring practices and procurement activities of the organization also follow equitable practices. • Foster an environment in which all community members feel connected and authentically engaged. The City of Eagan will drive the initiative for becoming an equitable and in clusive community with passion and optimism. Agenda Information Memo June 11, 2019 Eagan Special City Council Meeting VII. 2020-2021 Budget Process Update Action to be considered: No action required. This is an informal check in with the City Council on the 2020-2021 Budget process. Facts: On May 7, 2019 Staff officially started the 2020-2021 Budget process. As the City Council will recall, this will be the 2nd “round” of preparing a two-year operating budget. Department Directors were scheduled to submit their budget proposals to the Budget Team on Monday June 10; those would include all general fund budgets, recreation facilities and Cedar Grove ramp. The Budget Team---City Administrator Dave Osberg, Assistant City Administrator Dianne Miller, Finance Director Tom Pepper and Assistant Finance Director Josh Feldman are scheduled to meet with Directors during the week of June 17 to review and discuss individual department budget requests. The City Administrator’s recommended budget is scheduled to be presented to the City Council during the August 13, 2019 City Council special meeting. This agenda item will provide the Staff a brief opportunity to share the early projections of the 2020-2021 budget and for the City Council to provide direction or input that would assist the City Administrator in preparing a recommended budget. Attachments: (0)