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12/10/2019 - City Council Special SPECIAL CITY COUNCIL MEETING TUESDAY DECEMBER 10, 2019 5:30 P.M. COUNCIL CHAMBERS—EAGAN MUNICIPAL CENTER AGENDA I. ROLL CALL AND ADOPTION OF THE AGENDA II. VISITORS TO BE HEARD III. BODY WORN CAMERA POLICY IV. COMMERCIAL VEHICLE PARKING V. TOBACCO AND ELECTRONIC CIGARETTE REGULATIONS VI. OTHER BUSINESS VII. ADJOURNMENT Agenda Information Memo December 10, 2019 Special City Council Workshop III.BODY WORN CAMERA POLICY Action To Be Considered: Review and comment on the Portable Audio/Video Recorders (PAVR) policy by the Police Department. Facts: ➢PAVR are also known as Body Worn Cameras (BWC). ➢Minnesota State Statute 626.8473 requires law enforcement to give the public and governing body over the budget an opportunity to provide feedback prior to implementation. ➢Statute also requires the department to develop a policy, which addresses audits, access to the data and guidelines for usage. Attachments: (2) III-1 Draft Portable Audio/Video Recorders Policy III-2 PowerPoint Presentation Policy 423 Eagan Police Department Policy Manual Copyright Lexipol, LLC 2019/11/26, All Rights Reserved. Published with permission by Eagan Police Department ***DRAFT***Portable Audio/Video Recorders - 1 Portable Audio/Video Recorders 423.1 PURPOSE AND SCOPE This policy provides guidelines for the use of portable audio/video recording devices by members of this department while in the performance of their duties (Minn. Stat. § 626.8473). Portable audio/ video recording devices include all recording systems whether body-worn, handheld or integrated into portable equipment. This policy does not apply to mobile audio/video recordings, interviews or interrogations conducted at any Eagan Police Department facility, undercover operations, wiretaps or eavesdropping (concealed listening devices) unless captured by a portable recording system. 423.1.1 DEFINITIONS Definitions related to this policy include: Portable recording system - A device worn by a member that is capable of both video and audio recording of the member’s activities and interactions with others or collecting digital multimedia evidence as part of an investigation and as provided in Minn. Stat. § 13.825. 423.2 POLICY The Eagan Police Department may provide members with access to portable recorders for use during the performance of their duties. The use of recorders is intended to enhance the mission of the Department by accurately capturing contacts between members of the Department and the public. 423.3 COORDINATOR The Chief of Police or the authorized designee should designate a coordinator responsible for (Minn. Stat. § 626.8473; Minn. Stat. § 13.825): (a)Establishing procedures for the security, storage and maintenance of data and recordings. 1.The coordinator should work with the Custodian of Records and the member assigned to coordinate the use, access and release of protected information to ensure that procedures comply with requirements of the Minnesota Government Data Practices Act (MGDPA) and other applicable laws (Minn. Stat. § 13.01 et seq.) (See the Protected Information and the Records Maintenance and Release policies). (b)Establishing procedures for accessing data and recordings. 1.These procedures should include the process to obtain written authorization for access to non-public data by EPD members and members of other governmental entities and agencies. (c)Establishing procedures for logging or auditing access. (d)Establishing procedures for transferring, downloading, tagging or marking events. Eagan Police Department Policy Manual Portable Audio/Video Recorders Copyright Lexipol, LLC 2019/11/26, All Rights Reserved. Published with permission by Eagan Police Department ***DRAFT***Portable Audio/Video Recorders - 2 (e)Establishing an inventory of portable recorders including: 1.Total number of devices owned or maintained by the Eagan Police Department . 2.Daily record of the total number deployed and used by members and, if applicable, the precinct or district in which the devices were used. 3.Total amount of recorded audio and video data collected by the devices and maintained by the Eagan Police Department . (f)Preparing the biennial audit required by Minn. Stat. § 13.825, Subd. 9. (g)Notifying the Bureau of Criminal Apprehension (BCA) in a timely manner when new equipment is obtained by the Eagan Police Department that expands the type or scope of surveillance capabilities of the department’s portable recorders. 423.4 MEMBER PRIVACY EXPECTATION All recordings made by members on any department-issued device at any time or while acting in an official capacity of this department, regardless of ownership of the device, shall remain the property of the Department. Members shall have no expectation of privacy or ownership interest in the content of these recordings. 423.5 MEMBER RESPONSIBILITIES Prior to going into service, each uniformed member will be responsible for making sure that he/ she is equipped with a portable recorder issued by the Department, and that the recorder is in good working order (Minn. Stat. § 13.825). If the recorder is not in working order or the member becomes aware of a malfunction at any time, the member shall promptly report the failure to his/her supervisor and obtain a functioning device as soon as reasonably practicable. Uniformed members, including community service officer,shall wear the recorder in a conspicuous manner or otherwise notify persons that they are being recorded, whenever reasonably practicable (Minn. Stat. § 626.8473). Any member assigned to a non-uniformed position may carry an approved portable recorder at any time the member believes that such a device may be useful. Non-uniformed members shall wear a PAVR when wearing their outer vest carrier during the course of their duties, excluding the assigned DTF agent. Unless conducting a lawful recording in an authorized undercover capacity, non-uniformed members should wear the recorder in a conspicuous manner when in use or otherwise notify persons that they are being recorded, whenever reasonably practicable. When using a portable recorder, the assigned member shall record his/her name, employee number and the current date and time at the beginning and the end of the shift or other period of use, regardless of whether any activity was recorded. This procedure is not required when the recording device and related software captures the user’s unique identification and the date and time of each recording. Eagan Police Department Policy Manual Portable Audio/Video Recorders Copyright Lexipol, LLC 2019/11/26, All Rights Reserved. Published with permission by Eagan Police Department ***DRAFT***Portable Audio/Video Recorders - 3 Members should document the existence of a recording in any report or other official record of the contact, including any instance where the recorder malfunctioned or the member deactivated the recording (Minn. Stat. § 626.8473). Members should include the reason for deactivation. 423.6 ACTIVATION OF THE AUDIO/VIDEO RECORDER This policy is not intended to describe every possible situation in which the recorder should be used, although there are many situations where its use is appropriate. Members should activate the recorder any time the member believes it would be appropriate or valuable to record an incident. The recorder should be activated in any of the following situations: (a)All enforcement and investigative contacts including stops and field interview (FI) situations (b)Traffic stops including, but not limited to, traffic violations, stranded motorist assistance and all crime interdiction stops (c)Self-initiated activity in which a member would normally notify Dispatch (d)Any other contact that becomes adversarial after the initial contact in a situation that would not otherwise require recording Members should remain sensitive to the dignity of all individuals being recorded and exercise sound discretion to respect privacy by discontinuing recording whenever it reasonably appears to the member that such privacy may outweigh any legitimate law enforcement interest in recording. Requests by members of the public to stop recording should be considered using this same criterion. Recording should resume when privacy is no longer at issue unless the circumstances no longer fit the criteria for recording. At no time is a member expected to jeopardize his/her safety in order to activate a portable recorder or change the recording media. However, the recorder should be activated in situations described above as soon as reasonably practicable. 423.6.1 CESSATION OF RECORDING Once activated, the portable recorder should remain on continuously until the member reasonably believes that his/her direct participation in the incident is complete or the situation no longer fits the criteria for activation. Recording may be stopped during significant periods of inactivity such as report writing or other breaks from direct participation in the incident. Officers may temporarily pause the recording or mute the audio to exchange information with other law enforcement officers or legal counsel. 423.6.2 SURREPTITIOUS RECORDINGS Minnesota law permits an individual to surreptitiously record any conversation in which one party to the conversation has given his/her permission (Minn. Stat. § 626A.02). Eagan Police Department Policy Manual Portable Audio/Video Recorders Copyright Lexipol, LLC 2019/11/26, All Rights Reserved. Published with permission by Eagan Police Department ***DRAFT***Portable Audio/Video Recorders - 4 Members of the Department may surreptitiously record any conversation during the course of a criminal investigation in which the member reasonably believes that such a recording will be lawful and beneficial to the investigation. Members shall not surreptitiously record another department member without a court order unless lawfully authorized by the Chief of Police or the authorized designee. 423.6.3 EXPLOSIVE DEVICE Many portable recorders, including body-worn cameras and audio/video transmitters, emit radio waves that could trigger an explosive device. Therefore, these devices should not be used where an explosive device may be present. 423.7 PROHIBITED USE OF AUDIO/VIDEO RECORDERS Members are prohibited from using department-issued portable recorders and recording media for personal use and are prohibited from making personal copies of recordings created while on- duty or while acting in their official capacity. Members are also prohibited from retaining recordings of activities or information obtained while on-duty, whether the recording was created with department-issued or personally owned recorders. Members shall not duplicate or distribute such recordings, except for authorized legitimate department business purposes. All such recordings shall be retained at the Department. Members are prohibited from using personally owned recording devices while on-duty. Recordings shall not be used by any member for the purpose of embarrassment, harassment or ridicule. 423.8 RETENTION OF RECORDINGS All recordings shall be retained for a period consistent with the requirements of the organization’s records retention schedule but in no event for a period less than 90 days. If an individual captured in a recording submits a written request, the recording may be retained for additional time period. The coordinator should be responsible for notifying the individual prior to destruction of the recording (Minn. Stat. § 13.825). 423.8.1 RELEASE OF AUDIO/VIDEO RECORDINGS Requests for the release of audio/video recordings shall be processed in accordance with the Records Maintenance and Release Policy. 423.8.2 ACCESS TO RECORDINGS Except as provided by Minn. Stat. § 13.825, Subd. 2, audio/video recordings are considered private or nonpublic data. Any person captured in a recording may have access to the recording. If the individual requests a copy of the recording and does not have the consent of other non-law enforcement individuals captured on the recording, the identity of those individuals must be blurred or obscured sufficiently Eagan Police Department Policy Manual Portable Audio/Video Recorders Copyright Lexipol, LLC 2019/11/26, All Rights Reserved. Published with permission by Eagan Police Department ***DRAFT***Portable Audio/Video Recorders - 5 to render the subject unidentifiable prior to release. The identity of on-duty peace officers may not be obscured unless their identity is protected under Minn. Stat. § 13.82, Subd. 17. 423.9 IDENTIFICATION AND PRESERVATION OF RECORDINGS To assist with identifying and preserving data and recordings, members should download, tag or mark the recordings in accordance with procedure and document the existence of the recording in any related case report. A member should transfer, tag or mark recordings when the member reasonably believes: (a)The recording contains evidence relevant to potential criminal, civil or administrative matters. (b)A complainant, victim or witness has requested non-disclosure. (c)A complainant, victim or witness has not requested non-disclosure but the disclosure of the recording may endanger the person. (d)Disclosure may be an unreasonable violation of someone’s privacy. (e)Medical or mental health information is contained. (f)Disclosure may compromise an under-cover officer or confidential informant. (g)The recording or portions of the recording may be protected under the Minnesota Data Practices Act. Any time a member reasonably believes a recorded contact may be beneficial in a non-criminal matter (e.g., a hostile contact), the member should promptly notify a supervisor of the existence of the recording. 423.10 REVIEW OF RECORDED MEDIA FILES When preparing written reports, members should review their recordings as a resource (See the Officer-Involved Shootings and Deaths Policy for guidance in those cases). However, members shall not retain personal copies of recordings. Members should not use the fact that a recording was made as a reason to write a less detailed report. Supervisors are authorized to review relevant recordings any time they are investigating alleged misconduct or reports of meritorious conduct or whenever such recordings would be beneficial in reviewing the member’s performance. Recorded files may also be reviewed: (a)Upon approval by a supervisor, by any member of the Department who is participating in an official investigation, such as a personnel complaint, administrative investigation or criminal investigation. (b)Pursuant to lawful process or by court personnel who are otherwise authorized to review evidence in a related case. Eagan Police Department Policy Manual Portable Audio/Video Recorders Copyright Lexipol, LLC 2019/11/26, All Rights Reserved. Published with permission by Eagan Police Department ***DRAFT***Portable Audio/Video Recorders - 6 (c)In compliance with the Minnesota Data Practices Act request, if permitted or required by the Act, including pursuant to Minn. Stat. § 13.82, Subd. 15, and in accordance with the Records Maintenance and Release Policy. All recordings should be reviewed by the Custodian of Records prior to public release (See the Records Maintenance and Release Policy). Recordings that are clearly offensive to common sensibilities should not be publicly released unless disclosure is required by law or order of the court (Minn. Stat. § 13.82, Subd. 7; Minn. Stat. § 13.825, Subd. 2). 423.11 ACCOUNTABILITY Any member who accesses or releases recordings without authorization may be subject to discipline (See the Standards of Conduct and the Protected Information policies) (Minn. Stat. § 626.8473). 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 •Introduce the Department’s Body Worn Camera policy. •Explain key parts of the policy. •Provide a tentative timeline. •Answer any questions you might have. State Statute •Minnesota state statute requires law enforcement to give the public and governing body of the budget an opportunity to offer feedback prior to implementation. •Filling this requirement ➢The June workshop and this meeting fulfill a portion of that requirement. ➢August Council Workshop Things to do •Community Feedback ➢Rotary ➢Open house ➢Coffee with a COP ➢Social media ➢Meeting with my staff •We will find out what was successful for other agencies. Policy •BWC Body Worn Camera ➢Previously referred to •PAVR Portable Audio/Video Recorders ➢Lexipol ➢Statute Policy Purpose and Scope: Provides guidelines for the use of PAVR devices by members of the department in the course of their duties. Policy Data Practices: •Office Manager and City Clerk ➢Ensure we adhere to the Data Practice Rules. ➢Establish procedures for logging, auditing and managing of data. ➢Establish inventory of equipment. Policy Uniformed Staff: •CSO/Animal Control •Patrol Officer •Administration Will be outfitted with a PAVR Policy Non-Uniformed Staff: •Investigators •Special Assignments (Undercover)* PAVR will be available to wear if they believe they will be useful. Not required to wear* Policy Activation: 1.Investigative contacts. 2.Traffic Stop. 3.Self-initiated activity. 4.Any contact that becomes adversarial. Policy Recordings: 1.PAVR should remain continuous until incident is complete. 2.Recordings may be stopped during significant periods of inactivity. 3.Officers may temporarily pause recordings to exchange information with other officers or counsel. Policy Retention: •All records will be retained at a minimum of 90 days. •State statute will play a role in establishing how long we keep the data after 90 days. Policy Access to the data: •Officer will have access to their recordings as a resource following incidents. •Supervisor will be authorized to review for investigative purposes. Policy Access to the data: •Recordings that are offensive to the common sensibilities will not be released unless required by law or court order. 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*** Timeline •Axon January •Panasonic March •Watchguard May •Establish Procedures June-July •Full Implementation August 2020 Schedule depends on availability of equipment. QUESTIONS? Agenda Memo December 10, 2019 Special City Council Meeting IV. COMMERCIAL PARKING DIRECTION TO BE CONSIDERED: To provide direction on a potential ordinance amendment for on-street and off-street parking in commercial and industrial districts. FACTS:  The City has received complaints regarding commercial vehicle parking and storage on non-residential City streets and in off-street parking areas in commercial districts.  Changes in the trucking industry including an increase in the number of owner- operators is resulting in operators needing to find overnight parking for commercial vehicles and locations for required driver rest breaks.  On August 20, 2019, the City Council directed staff to prepare an ordinance amendment to City Code Chapters 9 and 11 regarding on-street and off-street parking in commercial and industrial districts.  Staff has worked with the City Attorney to draft a potential ordinance amendment that addresses on-street and off-street commercial vehicle parking. On-Street Commercial Vehicle Parking  A definition of commercial vehicle consistent with State Statutes has been inserted to clarify application and simplify enforcement.  Commercial vehicle parking in residential areas is allowed only for loading and unloading for a period not to exceed 24 hours to accommodate moving trucks and vans. This restriction is in the existing ordinance and does not represent a changed condition.  Commercial vehicle parking is allowed on public streets in or adjacent to commercial, industrial, or institutional districts only for up to 20 minutes for the purpose of loading and unloading. This restriction is in the existing ordinance and does not represent a changed condition.  On-street commercial vehicle parking in commercial areas between 10:00 pm and 5:00 am is prohibited.  The potential ordinance amendment would apply city-wide; however, streets would need to be posted for citations to be enforceable. The ordinance allows the City to post “no commercial vehicle parking” signs and begin enforcement in response to identified on-street parking problems and complaints.  The City has received complaints from multiple parties along Erin Drive regarding on-street commercial vehicle parking. Complaints include blocked driveway access, diminished visibility to businesses, and overnight noise of vehicles left running during driver rest breaks. If the ordinance amendment is approved, Erin Drive will be posted for no commercial vehicle parking in the areas identified as attached. No additional on-street postings are contemplated at this time. Off-street Commercial Vehicle Parking  The definition of commercial vehicles also applies to off-street parking.  Vehicle storage, long-term parking, and use of off-street parking as a rest stop for longer than four hours is prohibited in off-street parking areas in commercial and industrial districts.  Exceptions apply to vehicles owned or operated by any person at the property for purposes of employment, delivery, or service.  If a problem is identified, staff will request that the property owner post no parking signs. Citations may be issued to vehicle owners after signs are posted.  The City has received complaints of commercial parking in retail parking areas within Town Centre. To date, City staff have not observed public safety issues related to refuse, public disturbances, or criminal behavior.  Enforcement is complicated by the 4-hour parking limit to allow for consumer parking, the exception for employees and services, and the 24/7 nature of some commercial districts. Police and Code Enforcement staff are concerned about the amount of time that might be needed to enforce off-street parking restrictions, particularly when potential parking violations are not causing public health or safety issues.  If the Council directs staff to proceed with the ordinance amendment to City Code Section 9.10, Subdivision 8, staff will ask the City Attorney to draft a corresponding ordinance amendment to City Code Chapter 11 (zoning). POLICY QUESTIONS: 1. Does the City Council support an ordinance amendment restricting on-street commercial vehicle parking in and adjacent to commercial, industrial, and institutional districts? 2. Does the City Council support an ordinance amendment restricting vehicle storage, long-term parking, and rest stop use in off-street parking areas of commercial and industrial districts? Attachments: (2) SPCCIV-1 Draft Ordinance Amendment to City Code Section 9.10 SPCCIV-2 Potential Erin Drive No Commercial Parking Areas ORDINANCE NO. ____ 2ND SERIES AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER NINE ENTITLED “PARKING REGULATIONS” BY AMENDING SECTION 9.10 REGARDING COMMERCIAL VEHICLE PARKING REGULATIONS; AND BY ADOPTING BY REFERENCE EAGAN CITY CODE CHAPTER 1 AND SECTION 9.99. The City Council of the City of Eagan does ordain: Section 1. Chapter 9 of the Eagan City Code is hereby amended by revising Section 9.10 to read as follows: Sec. 9.10. - Truck, trailer and cCommercial vehicle and trailer parking. Subd. 1. It is unlawful to park a detached semitrailer upon any street, city-owned parking lot, or other public property, except streets as specifically designated or permitted by the council by resolution and signposted. Subd. 2. It is unlawful to park a semitrailer, truck tractor, or a combination thereof commercial vehicle within an area zoned as a residential district, except for the purpose of loading or unloading the same for a period not to exceed 24 hours. Subd. 3. It is unlawful to park a truck commercial vehicle of more than 9,000 pounds gross vehicle weight upon on any street abutting or located within any commercial, industrial or institutional in the business district. which has been duly signposted prohibiting the same, but parking of such vehicle except for a period of not more than 20 minutes shall be permitted in such space for the purpose of necessary access to the abutting property while actively loading or unloading when such access to or parking on the property cannot reasonably be secured from an alley or from an adjacent street where truck parking is not so restricted. In no case shall a commercial vehicle park on any street abutting or located within any commercial, industrial or institutional in the business district between the hours of 10:00 p.m. and 5:00 a.m. Subd. 4. It is unlawful to park a truck or other vehicle using or equipped with a trailer or extended body or other extension or projection beyond the original length of such vehicle or any passenger bus diagonally along any street except for a time sufficient to load or unload, and in such case only parallel parking shall be permitted. Provided, however, that a truck may stand backed up to the curb if the weight or bulk of the load makes parallel parking impracticable, but then only for a period of time sufficient to load or unload. Subd. 5. Parking of commercial vehicles is permitted in duly designated and signposted loading zones and in alleys, for a period of up to 20 minutes, provided that such alley parking does not prevent the flow of traffic therein, all of which shall be for the purpose of access to abutting or adjacent property while actively loading or unloading. Subd. 6. It is unlawful to park any detached trailer upon any street for a continuous period of more than 24 hours. 2 Subd. 7. It is unlawful to park any vehicle in excess of 9,000 pounds gross vehicle weight upon any residential street for a continuous period of more than six hours. Subd. 8. Required off-street parking space(s) in commercial or industrial districts, including those within a planned development district, shall not be utilized for storage of vehicles or for long-term parking, or as a rest stop for the vehicle occupants. No vehicle shall be parked within the off-street parking areas of a commercial or industrial zoned property for a period of more than four (4) hours. This clause shall not apply to vehicles owned or operated by any person who is at the property for employment purposes or for delivery or service to the property. The owner or occupant of the property shall be responsible for posting all signs in compliance of this Subdivision. Subd. 9. For purposes of this Section, “commercial vehicle” shall have the meaning as the term is defined in Minnesota Statutes, Section 169.011. Section 2. Eagan City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including 'Penalty for Violation'" and Section 9.99, entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference as though repeated verbatim. Section 3. Effective Date. This ordinance shall take effect upon its adoption and publication according to law. ATTEST: CITY OF EAGAN City Council By: Christina M. Scipioni By: Mike Maguire Its: City Clerk Its: Mayor Date Ordinance Adopted: Date Ordinance Published in the Legal Newspaper: Cliff Dr. Cedar Ln Cliff Rd. (Co Rd 32)Scott Trl.Cedar Ave. (MN HWY 77)Villa DrCliffhill Ln.Er in D r .Nicols Rd.Cliffview Dr.Villa PkwyCliff Rd. (Co Rd 32)Nicols Rd.Cliffhill Ln.Nicols Rd.Scott Trl.Cedar Ave. (MN HWY 77)Nicols Rd.Nicols Rd.No Commercial Vehicle Parking No Parking (All Vehicles) * All Areas Subject to Winter Parking Restrictions 1 inch = 208 feet Agenda Information Memo  December 10, 2019 Eagan Special City Council Meeting      V. TOBACCO AND ELECTRONIC CIGARETTE REGULATIONS      Direction For Consideration:     To provide direction regarding changes to tobacco and/or electronic cigarette regulations.    Facts:      At the Oct. 15 Listening Session, the City Council received a request to consider changes  to the City’s tobacco ordinance. Specifically, to increase the legal age to purchase  tobacco, to restrict the sale of flavored tobacco and electronic cigarette products, and  to require warning signs be posted at tobacco stores.      The City Council directed staff to research the status of current tobacco and electronic  cigarette regulations and legislation at the federal and state level and other cities’  tobacco and electronic cigarette regulations. The attached memo and chart detail staff’s  findings.     In addition, the attached memo outlines the following policy considerations.    1. Should the City increase the legal age to purchase tobacco and electronic cigarette  products to 21?  2. Should the City enact any regulations relative to flavored tobacco and/or electronic  cigarette products?  3. Should the City enact any setback or spacing requirements for tobacco and/or  electronic cigarette license locations?  4. Should the City require tobacco license holders to post warning signs at their stores?  5. Should the City enact any other tobacco and/or electronic cigarette regulations?     State Statute requires the City to provide tobacco license holders with a 30‐day written  notice before enacting changes to tobacco regulations. If the City Council wishes to  amend the tobacco ordinance, then license holders would be informed of the proposed  changes in advance of the ordinance amendment being placed on a City Council agenda  for consideration.    Attachments: (3)  V‐1 Ordinance Amendment Request  V‐2 Staff Memo  V‐3 Survey of City Regulations  1 Christina Scipioni From:Tammy Lawrence <tamlawrence22@yahoo.com> Sent:Thursday, October 10, 2019 5:04 PM To:Christina Scipioni Subject:E cigarette and vaping epidemic Christina can you please pass along this email to the city council for me.   There is an alarming number of kids that are developing lung injuries from e‐cigarettes and vaping products.  The  numbers this  week were 1, 299 cases from 49 states, district of Columbia and 1 US territory.  26 deaths have been  confirmed in 21 states. Minnesota included.   The numbers last week of lung injuries were 1080.  The week before that was 805 lung injuries . The numbers keep rising  every week.    We, the city of Eagan, need to rise above and help put a stop to the youth being targeted.  I am asking for all flavors to  be banned. Raise the legal age to 21 and add a black box warning to the door of the vape shops.   I know you have many important issues to discuss and many maybe ahead of this one but, I ask you to put the issue to  the top and take care of this now before more kids are affected. Right now statistics show that 37% of lung injuries come  from male kids under 21!  That is too many and something each one of you can do something about. You may not have a  child affected by this epidemic but i guarantee you will know someone that is. Please, help keep Eagan safe for all and  raise the age limit to 21, get the kids out of high school, take ban all flavors and make a black box warning be listed on  the door.  Kids need to know there is harm being done with these products and that they do contain tobacco too!   Thank you for your time.   Tamara  Sent from Yahoo Mail on Android    Memo   To: Dianne Miller, Assistant City Administrator From: Christina M. Scipioni, City Clerk/Administrative Coordinator Date: December 6, 2019 Subject: Tobacco and Vaping Research Background At the Oct. 15 Listening Session, the City Council received a request from Tamara Lawrence to consider changes to the City’s tobacco ordinance. Specifically, Ms. Lawrence requested the legal age to purchase tobacco be raised to 21, that flavored tobacco and electronic cigarette products be banned, and that stores be required to place warnings on their doors regarding the dangers of electronic cigarettes. The City Council directed staff to research the status of current tobacco and electronic cigarette regulations and legislation at the federal and state level, and also review other cities’ tobacco and electronic cigarette regulations. Federal and State Regulations At a federal level, electronic cigarettes have been regulated by the Food and Drug Administration (FDA) since August 2016. At that time, it became illegal to sell electronic cigarettes to those under 18 years of age. Identification must be checked for anyone who appears to be younger than 27. In 2018, the FDA began requiring warning labels on electronic cigarette products that contain nicotine or were derived from tobacco. The FDA is currently considering rule changes that would ban flavored electronic cigarette products and/or raise the legal age to purchase to 21. The FDA has not said when a determination on the rule changes will be made. At the state level, the legal age to purchase tobacco and electronic cigarettes is 18. During the 2019 legislative session, a bill was introduced in the House to increase the legal age to purchase to 21. Similar legislation was not introduced in the Senate. The State does not ban flavored tobacco products, nor does it require warning labels other than those required by the FDA. State Statute allows municipalities to regulate the retail sale of tobacco and electronic cigarette products and allows cities to enact regulations that are more restrictive than State Statute. Cities are required to provide 30-day written notice to tobacco licensees before enacting additional license regulations.   Page 2   Eagan’s Current Regulations The City of Eagan’s tobacco regulations, which include electronic cigarette products, are consistent with the regulations set forth in State Statute. Selling tobacco products within the City requires a license. The legal age to purchase in Eagan is 18. Self-service of tobacco products is allowed only in exclusive tobacco stores, where 90 percent or more of the sales consist of tobacco or electronic cigarette products and those under 18 are not permitted to enter. City Code does not include setback or spacing requirements for tobacco retailers. Tobacco sales are considered a retail use and are allowed in zoning districts where retail stores are allowed. Survey of Minnesota Cities Staff surveyed the tobacco ordinances of 20 metro communities. Attached is a summary of the findings with regards to the legal age to purchase, flavor restrictions, spacing or setback requirements, and other regulations regarding the sale of tobacco. The cities surveyed did not have additional requirements for signage as it relates to warning labels on the products or in the stores. Legal Age to Purchase According to ClearWay Minnesota, 54 cities and counties in Minnesota have increased the legal age to purchase tobacco to 21. In Dakota County, the cities of West St. Paul, Lilydale and Mendota Heights have increased the purchase age to 21. Other comparable cities in the metro that have increased the purchase age to 21 include Bloomington, Brooklyn Center, Eden Prairie, Edina, Minneapolis, St. Paul, Minnetonka, Plymouth, Richfield, and St. Louis Park. Flavor Restrictions Of the 20 cities surveyed, five have restrictions regarding the sale of flavored products. Lilydale and Mendota Heights ban all flavored products. St. Paul restricts the sale of flavored products to exclusive tobacco stores, except that liquor stores may sell menthol, mint and wintergreen flavors. Minneapolis restricts the sale of all flavors except menthol to exclusive tobacco stores. St. Louis Park restricts all flavors except menthol, mint and wintergreen. Spacing or Setback Restrictions Of the 20 cities surveyed, five have restrictions on the locations of tobacco license locations. Of those five cities, three cities regulate the location of tobacco stores in relation to other tobacco stores and two cities require setbacks from schools. Other Restrictions In addition to the regulations requested by Ms. Lawrence, staff found several other common tobacco license regulations:  Nine of the cities surveyed require tobacco license holders to have a training program for their staff.  Four of the cities surveyed require stores to check the identification of anyone who appears to be under 30 years old.  Four of the cities set a minimum sale price for the purchase of single cigars.  Two of the cities surveyed limit the size of tobacco stores to 2,000 square feet.  Three of the cities surveyed prohibit self-service sales in all licensed tobacco establishments.   Page 3   Public Policy Questions 1. Should the City increase the legal age to purchase tobacco and electronic cigarette products to 21? 2. Should the City enact any regulations relative to flavored tobacco and/or electronic cigarette products? 3. Should the City enact any setback or spacing requirements for tobacco and/or electronic cigarette license locations? 4. Should the City require tobacco license holders to post warning signs at their stores? 5. Should the City enact any other tobacco and/or electronic cigarette regulations? Survey of Municipal Tobacco/Electronic Cigarette RegulationsDecember 2019CityLegal Purchase Age Flavor Restrictions Spacing RequirementsStaff Training Required Other RestrictionsApple Valley 18 none none NoBloomington 21 none none Yes Required to check ID of everyone under 30Brooklyn Center 21 none none YesIssues maximum of 15 licenses; electronic delivery devices and liquids may only be sold in exclusive liquor stores; no sale of cigars less than $2.10 eachBrooklyn Park 18 none500 feet from schools, if more than 40% of the store's floor area is dedicated to tobacco sales NoBurnsville 18 none0.75 miles from another tobacco shop Yes Tobacco shops are limited to 2,000 square feet in sizeEden Prairie 21 none none NoEdina 21 none none NoAge verification required for anyone who appears to be under 30 years of ageInver Grove Heights 18 none1,000 foot setback between the licensee's space and the occupied space of the school YesLakeville 18 none none NoLilydale 21 Flavored products are prohibited noneNoMaple Grove 18 none none NoMendota Heights 21 Flavored products are prohibited none NoMinneapolis 21Flavored tobacco, except menthol, may only be sold in exclusive tobacco storesUnless a grocery store, not allowed in neighborhood commercial; except in downtown zoning district, stores selling flavored tobacco products must be spaced at least 2,000 feet Yes No sale of or cigars less than $2.60 eachMinnetonka 21 none none YesAt least one representative from licensee must attend city‐mandated tobacco training; Plymouth 21 none none NoAge verification required for anyone who appears to be under 30 years of age; self‐service prohibited in all tobacco stores Survey of Municipal Tobacco/Electronic Cigarette RegulationsDecember 2019CityLegal Purchase Age Flavor Restrictions Spacing RequirementsStaff Training Required Other RestrictionsRichfield 21 none none YesAge verification required for anyone who appears to be under 30 years of age; single cigars may only be sold for at least $2.60Rosemount 18 none none Yes Tobacco shops are limited to 2,000 square feetSt. Louis Park 21Flavors except menthol, mint and wintergreen are prohibited none No Self‐service prohibitedSt. Paul 21Flavored tobacco may only be sold in exclusive tobacco stores; liquor stores may sell menthol, mint and wintergreenExclusive tobacco stores must be spaced at least 2,640 feet; CUP required for exclusive tobacco stores larger than 2,500 square feet  in business community and traditional neighborhood zoning districts No No sale or cigars less than $2.60 each; West St. Paul 21 none none YesLicensee must have digital age verification devices and security cameras; no self‐service