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HomeMy WebLinkAboutAgenda Packets - 2026/02/02 CITY OF MOUNDS VIEW CITY COUNCIL SPECIAL MEETING MOUNDS VIEW CITY HALL Monday, February 2, 2026 6:00 p.m. 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL: Lindstrom, Gunn, Meehlhause, Clark, Smith 4. SPECIAL ORDER OF BUSINESS A. Introduction and First Reading of Ordinance 1056, Regarding Civil Immigration Enforcement/Clarifying Requirements for Law Enforcement Agencies and Officers within the City 5. AJDOURN NEXT COUNCIL WORK SESSION: Monday, February 2, 2026 at 6:00 pm, immediately following this special session NEXT COUNCIL MEETING: Monday, February 9, 2026 at 6:00 pm THIS PAGE LEFT BLANK INTENTIONALLY DOCSOPEN\MU210\328\1072172.v2-1/28/26 ORDINANCE NO. 1056 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA AN ORDINANCE CLARIFYING THE USE OF CITY-OWNED PROPERTY FOR CIVIL IMMIGRATION ENFORCEMENT STAGING PURPOSES AND CLARIFYING REQUIREMENTS FOR LAW ENFORCEMENT AGENCIES AND OFFICERS WITHIN THE CITY THE CITY OF MOUNDS VIEW ORDAINS: SECTION 1. PREAMBLE 1.01 The City of Mounds View (“City”) values the safety, dignity, equal protection and treatment, and human rights of all of its residents, regardless of race, religion, immigration status, or national origin. The City is home to persons of diverse racial, ethnic, and national backgrounds, including a significant immigrant and refugee population. 1.02 The City believes it is a safer, healthier, and more vibrant community when the City is able to maintain a relationship of trust, respect, and cooperation with its residents. All City residents, whether they are U.S. citizens, permanent residents, undocumented residents, refugees, asylum seekers, or residents with any other immigration status, are valued and integral members of the City’s social, cultural, and economic fabric. 1.03 Civil immigration enforcement actions historically undermine trust in the community, spread fear, and raise barriers to residents’ accessing essential City services. 1.04 In December 2025, federal immigration enforcement action dramatically increased in the Twin Cities metro area as part of its Operation Metro Surge. These actions have led to the deployment of approximately 3,000 federal officers to the Twin Cities, a number which exceeds the combined total of the ten largest Twin Cities metro police forces and dwarfs that of the City. The federal immigration enforcement actions have led to the arrest of over 2,000 individuals. 1.05 The federal immigration enforcement action has occurred within and around the City and has targeted those within the City. 1.06 The federal immigration enforcement action has broadly sown fear within the Twin Cities, including among City residents. It has led to the closure of schools, retail establishments, and the cancellation of planned events. Ordinance No. 1056 Page 2 DOCSOPEN\MU210\328\1072172.v2-1/28/26 1.07 The trust, respect, and cooperation would likely be irreparably damaged, particularly between the City and immigrant communities, if the City allowed its property to be used for the purpose of enforcing federal immigration laws. 1.08 Although the federal government has the legal authority to enforce federal immigration laws in the United States, in Minnesota, and in the City, the City opposes any use of its property for the enforcement of federal immigration laws. The City believes any such use of its property would have deleterious effects on public safety and have a chilling effect on the City’s current and future immigrant populations’ willingness to report crime and cooperate with the city’s public safety efforts. 1.09 By this ordinance, the City seeks to clarify the permitted use of city property with respect to any and all efforts to investigate, enforce, or assist in the investigation or enforcement of any federal civil immigration law and any federal criminal immigration law that penalizes a person's presence in, entry, or reentry to, or employment in, the United States, when not accompanied by other criminal conduct (collectively, "federal immigration laws"). 1.10 By this ordinance, the City seeks to establish expectations for law enforcement officers and agencies within the City in order to maintain the public faith and trust in law enforcement and to minimize the potential for inadvertent conflict between City law enforcement and other jurisdictions. It is the City’s goal for law enforcement officers of other jurisdictions to act in a manner similar to that of Mounds View’s Police Department and, in doing so, engender public accountability and trust in law enforcement. 1.11 The routine use of facial coverings by law enforcement officers has significant implications for public perception and relations between the City’s officers and its residents. In addition, when officers are not readily identifiable, there is an increased risk of impersonation which further undermines public trust and hinders legitimate law enforcement operations. This is of particular concern after a member of the public impersonated law enforcement officers within Minnesota in 2025, resulting in the assassination of the Speaker of the Minnesota House of Representatives. 1.12 For the above reasons, the Mounds View City Council finds and determines that it is in the best interests of the City and its inhabitants that the Ordinance be adopted. SECTION 2. 2.01 DEFINITIONS (A) “Facial covering” means any opaque mask, garment, helmet, headgear or other item that conceals or obscures the facial identity of an individual, including, but not limited to a balaclava, tactical mask, gaiter, ski mask, and any similar type of facial covering or face-shielding item. a. “Facial covering” does not include any of the following: Ordinance No. 1056 Page 3 DOCSOPEN\MU210\328\1072172.v2-1/28/26 i. A translucent face shield or clear mask that does not conceal the wearer’s facial identity; ii. A N95 medical mask or surgical mask to protect against the transmission of disease or particulates or any other mask, helmet, or device, including but not limited to, air-purifying respirators, full or half masks, or self- contained breathing apparatus necessary to protect against exposure to any toxin, gas, smoke, inclement weather, or any other hazardous or harmful environmental condition; iii. A mask, helmet, or device, including, but not limited to, a self-contained breathing apparatus, necessary for underwater use when used for such purpose; iv. A helmet when worn by law enforcement agency personnel utilizing a motorcycle, bicycle, or other vehicle that requires a helmet for safe operation while in the performance of their duties; and v. Eyewear necessary to protect from the use of retinal weapons, including, but not limited to, lasers. (B) “Law enforcement agency” has the meaning provided in Minn. Stat. §626.84, subd. 1(f) and additionally includes: 1. Any entity of a city, county, or other local jurisdiction or agency that employs a peace officer as defined in Minn. Stat. § 626.84, subd. 1(c). 2. Any law enforcement agency of the State of Minnesota. 3. Any law enforcement agency of another state. 4. Any United States law enforcement agency. (C) “Law enforcement officer” means a peace officer as defined in Minn. Stat. §626.84, subd. 1(c) and additionally includes any officer or agent with the authority to make arrests of a law enforcement agency of the State of Minnesota, the United States government, or any other state. (D) “Non-public City spaces” means areas owned or controlled by the city that are not accessible to the general public. Examples of non-public City spaces include, but are not limited to, restricted areas requiring badge access, rental spaces, breakrooms, workstations (including those in an open area if the general public is not permitted in the workstation), storage closets, and employee-only areas. (E) “Portable recording system” means a device worn by law enforcement agency personnel that is capable of both video and audio recording of an individual’s activities and interactions with others or collecting digital multimedia evidence as part of an investigation. (F) "Staging area" means an area that is used to assemble, mobilize, and/or deploy vehicles, equipment, or materials, and related personnel, for the purpose of carrying out operations for the enforcement of civil immigration laws. Ordinance No. 1056 Page 4 DOCSOPEN\MU210\328\1072172.v2-1/28/26 2.02 PROHIBITION ON USE OF CITY-OWNED PROPERTY (A) All City-owned or City-controlled parking lots, ramps, vacant lots, and garages are not open to the general public without restrictions. No federal, state, or local government entity or personnel is authorized to use any city-owned or city- controlled parking lot or ramp, vacant lot, or garage as a staging area, processing location, operations base, or any other similar use including for enforcing civil immigration laws. Such spaces are not available to the general public for similar activities, and federal, state, or local government entities or personnel will not receive special or enhanced access to city property for operations enforcing civil immigration laws. Nothing herein shall prohibit the City police department from using any city property for any law enforcement purpose. (B) The city restricts access to non-public City spaces. Non-public City spaces are not open for the purposes of enforcement of civil immigration laws except with a judicial warrant or when access is otherwise required by law. City employees do not have the legal authority to consent to permit access to non-public City spaces in situations where a judicial warrant or other legal obligation would otherwise be necessary to gain access. (C) IMPLEMENTATION AND ENFORCEMENT. City departments shall collaborate to identify City-owned and City-controlled parking lots, ramps, vacant lots, and garages that either have been used, or are likely to be used in the future, as a staging area, processing location, operations base, or any other similar use for the purpose of enforcing civil immigration laws. City departments shall ensure that all such properties have clear signage indicating the property’s ownership by the City and that it may not be used for civil immigration enforcement as a staging area, processing location, or operations base. City departments shall ensure that, wherever appropriate and possible, physical barriers such as locked gates or bar gates are used to limit access consistent with Section 2.02. (D) NOTIFICATION. Any City employee who becomes aware of the attempted or actual use of a City-owned or controlled parking lot, ramp, vacant lot, or garage as a staging area, processing location, or operations base for civil immigration enforcement shall immediately report to their supervisor, who shall communicate that report to the City Manager. 2.03 NOTIFICATION OF ACTIVITY. Any law enforcement agency operating within the jurisdictional bounds of the City shall notify the City Police Department of its presence. Such notification shall be made in advance where the law enforcement agency’s presence within the City is reasonably foreseeable and that notification will not reasonably frustrate the law enforcement agency’s purpose. Notification shall be made to the Mounds View Police Chief by phone or email. The purpose of this notification is Ordinance No. 1056 Page 5 DOCSOPEN\MU210\328\1072172.v2-1/28/26 to avoid inadvertent interference or conflict with, or emergency response to an operation of another law enforcement agency. 2.04 PORTABLE RECORDING SYSTEM REQUIRED. Any law enforcement agency operating within the jurisdictional bounds of the City shall require its personnel to wear and use a portable recording system while within the City. The wear and use of such portable recording system by a law enforcement agency and law enforcement officers shall substantially comport with the requirements of Mounds View Police Department General Order 370 “Use of Body Worn Cameras Policy” or any updated City policy addressing similar subject matter. The wear and use of a portable recording system shall not be required where such wear and use is prevented by exigent circumstances, though wear and use should be remedied as soon as practicable. 2.05 FACIAL COVERING PROHIBITION. A law enforcement officer shall not wear a facial covering that conceals or obscures the officer’s facial identity in the course of their duties while within the City. This section 2.05 does not apply to protective gear used by special weapons and tactics team officers or officers of a similar organization, where such gear is necessary to protect the officers’ faces from harm while performing their special weapons and tactics team responsibilities. 2.06 IDENTIFICATION UPON REQUEST. A law enforcement officer within the City shall provide identifying information, including but not limited to the officer’s last name and badge number or a similar identifier, when requested by a member of the public. The provision of such identifying information shall, where reasonably possible, be made in writing or by a business card and enable the requestor to discuss the interaction and any seizure of personal property with the law enforcement agency which employs the law enforcement officer. This section 2.06 does not apply when a law enforcement officer is engaged in an undercover operation or when the provision of identifying information would otherwise reasonably endanger the law enforcement officer or an ongoing operation. 2.07 SCOPE. Nothing in this ordinance shall be construed to violate federal law. The City and its departments and employees will comply with federal law including 8 U.S.C.§§ 1373 & 1644. This ordinance is not intended to and shall not be construed to interfere with the City's compliance with the terms of any contract or grant in effect as of the effective date of this ordinance to which the City is a party. This ordinance does not apply to property owned by the federal government and operated by or leased to the City. Nothing herein shall be construed as restricting or interfering with the execution of court orders or lawful judicial warrants, or the enforcement of criminal law, nor as limiting the rights of any person or entity under state or federal law. 2.08 SEVERABILITY. The provisions of this ordinance are severable. If any provision of this ordinance or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application. Ordinance No. 1056 Page 6 DOCSOPEN\MU210\328\1072172.v2-1/28/26 SECTION 3. SUMMARY PUBLICATION. In accordance with Section 3.07 of the City Charter and Minnesota Statutes, Section 412.191, the City Council determines the publication of the title and a summary of the Ordinance would clearly inform the public of its intent and effect, and City staff shall have the following summary printed in the official City newspaper in lieu of the complete ordinance: ORDINANCE NO. 1056 AN ORDINANCE CLARIFYING THE USE OF CITY-OWNED PROPERTY FOR CIVIL IMMIGRATION ENFORCEMENT STAGING PURPOSES AND CLARIFYING REQUIREMENTS FOR LAW ENFORCEMENT AGENCIES AND OFFICERS WITHIN THE CITY On February 9, 2026, the Mounds View City Council adopted Ordinance No. 1056. The purpose of Ordinance No. 1056 is to establish certain requirements for the use of city property and the actions of law enforcement personnel within the City as a result of the ongoing federal immigration enforcement action. The ordinance prohibits the use and access to nonpublic city property for civil immigration enforcement purposes. The ordinance requires that law enforcement agencies notify the City when operating within it, require their personnel wear body cameras in the manner required of City personnel. The ordinance prohibits the use of facial coverings by law enforcement personnel and requires that law enforcement personnel identify themselves upon request. A printed copy of the ordinance is available for inspection during regular business hours at Mounds View City Hall and at the Mounds View Library and is available online at the City's website located at https://www.moundsviewmn.org . SECTION 4. This ordinance shall take effect and be in force 30 days from and after its passage and publication, in accordance with Section 3.09 of the City Charter. Introduction and First Reading by the Mounds View City Council on February 2, 2026. Second Reading and Adoption by the Mounds View City Council on February 9, 2026. Publication Date: February 12, 2026. ______________________________ Zach Lindstrom, Mayor Attest: ______________________________ Nyle Zikmund, City Administrator (SEAL)