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
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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
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Portable Audio/Video Recorders
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(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
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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
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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
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Portable Audio/Video Recorders
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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.
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(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.
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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