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HomeMy WebLinkAboutCC PACKET 10242017 Our Mission is to be a progressive and livable community, a walkable village, which is sustainable, safe and secure. Call to Order. Pledge of Allegiance. Roll Call. Consideration, discussion, and possible action on all of the following items: I. Approval of the October 24, 2017, City Council Meeting Agenda. (action requested.) II. Proclamations and Recognitions. III. Consent Agenda. These items are considered routine and will be enacted by one motion. There will be no separate discussion of these items unless a Councilmember or citizen so requests, in which the item will be removed from the Consent Agenda and placed elsewhere on the agenda. A. Approval of October 10, 2017, City Council meeting minutes. (pp.1-10) B. Licenses and Permits. (pp.11) C. Claims. (pp.13-15) D. Resolution 17-071 a resolution Designating Polling Places for the 2018 State Primary and State General Election. (pp.17) IV. Public Hearing. A. Body Camera Policy. Jon Mangseth, Police Chief presenting. (no action required) (pp.19-45) V. Reports from Commission and Staff. VI. General Business of Council. A. Resolution 17-072 a resolution Revoking the Massage License for Solace and Wellness, Located at 2500 Hwy 88. Charlie Yunker, Assistant to the City Manager presenting. (pp.47-53) B. Ordinance 2017-03 an ordinance Approving the Comcast Cable Television Franchise. Charlie Yunker, Assistant to the City Manager presenting. (Final reading and Adoption). (pp.55) C. Resolution 17-073 a resolution Approving Summary Publication of Ordinance 2017-03 Comcast Franchise Agreement. Charlie Yunker, Assistant to the City Manager presenting. (pp.57-58) VII. Reports from City Manager and Council members. VIII. Community Forum Individuals may address the City Council about any item not included on the regular agenda. Speakers are requested to come to the podium, sign their name and address on the form at the podium, state their name and address for the Clerk’s record, and limit their remarks to five minutes. Generally, the City Council will not take official action on items discussed at this time, CITY OF ST. ANTHONY VILLAGE CITY COUNCIL MEETING AGENDA OCTOBER 24, 2017 7:00 p.m. Our Mission is to be a progressive and livable community, a walkable village, which is sustainable, safe and secure. but may typically refer the matter to staff for a future report or direct the matter to be scheduled on an upcoming agenda. IX. Information and Announcements X. Adjournment. CITY OF ST. ANTHONY 1 CITY COUNCIL REGULAR MEETING MINUTES 2 OCTOBER 10, 2017 3 4 CALL TO ORDER. 5 6 Mayor Faust called the meeting to order at 7:00 p.m. 7 8 PLEDGE OF ALLEGIANCE. 9 10 Mayor Faust invited the Council and audience to join him in the Pledge of Allegiance. 11 12 ROLL CALL. 13 14 Present: Mayor Faust; Councilmembers Gray, Jenson, and Stille. 15 Absent: None 16 Also Present: City Manager Mark Casey, City Attorney Jay Lindgren and City Planner Breanne 17 Rothstein. 18 19 CONSIDERATION, DISCUSSION, AND POSSIBLE ACTION ON ALL OF THE FOLLOWING 20 ITEMS. 21 22 I. APPROVAL OF OCTOBER 10, 2017 CITY COUNCIL MEETING AGENDA. 23 24 Motion by Councilmember Gray, seconded by Councilmember Jenson, to approve the City 25 Council Meeting Agenda of October 10, 2017 as presented. 26 27 Motion carried 4-0. 28 29 II. PROCLAMATIONS AND RECOGNITIONS - NONE. 30 31 III. CONSENT AGENDA. 32 33 A. Approval of September 26, 2017, City Council Meeting Minutes. 34 B. Licenses and Permits. 35 C. Claims. 36 D. Resolution 17-063; a Resolution Accepting Donations and Grants Received in the 3rd 37 Quarter of 2017. 38 E. Resolution 17-064; a Resolution Certifying Special Assessments for Delinquent Public 39 Utility Service Accounts to the 2018 Hennepin County Tax Rolls. 40 F. Resolution 17-065; a Resolution Certifying Special Assessments for Delinquent Public 41 Utility Service Accounts to the 2018 Ramsey County Tax Rolls. 42 G. Resolution 17-066; a Resolution Certifying Special Assessments for Delinquent Waste 43 Hauler Accounts to the 2018 Hennepin County Tax Rolls. 44 H. Resolution 17-067; a Resolution Certifying Special Assessments for Delinquent Waste 45 Hauler Accounts to the 2018 Ramsey County Tax Rolls. 46 47 Motion by Councilmember Stille, seconded by Councilmember Jenson, to approve the Consent 48 Agenda items. 49 1 City Council Regular Meeting Minutes October 10, 2017 Page 2 1 Motion carried 4-0. 2 3 IV. PUBLIC HEARINGS - NONE. 4 5 V. REPORTS FROM COMMISSION AND STAFF. 6 7 A. Resolution 17-068; a Resolution denying a request for a 17.5-foot variance to build a 8 deck 7.5 feet from the property line at 3113 Edward Street. 9 10 City Planner Rothstein reported today the Applicant withdrew their request for a variance. The 11 Council needs not consider the request and a letter will be sent to the Applicant tomorrow 12 confirming withdrawal of the variance request. 13 14 B. Resolution 17-069 a resolution approving the minor subdivision request for the properties 15 located at 3725 Stinson Boulevard and 3701 Stinson Boulevard. 16 17 City Planner Rothstein reviewed the minor subdivision to transfer land from the southern lot to 18 the northern lot for the purposes of future redevelopment of the 2701 Stinson parcel. The lot line 19 adjustment and transfer would add 70 feet to the 3701 Stinson lot and both property owners are 20 amenable through provision of Purchase Agreement. The Applicant/Owner is Apache 21 Redevelopment, LLC – Len Pratt. The existing land use/zoning designation is High Density 22 Residential/Planned Unit Development. The area is zoned Planned Unit Development, which 23 requires a development plan for re-development. There are no specified minimum lot sizes 24 within the district. The request is consistent with the submitted Development Plan for Silver 25 Lake Village. 26 27 City Planner Rothstein reviewed the guidance from City Code and noted the City Council may 28 waive compliance with the platting requirements of this subchapter and approve by adoption of a 29 resolution to that effect based upon findings by the City Council that compliance with the 30 platting requirements would create an unnecessary hardship or expense because of the nature of 31 the subdivision, and failure to require the filing of a plat does not interfere with the purposes of 32 this subchapter and the City Council may consider the number of parcels resulting from the 33 subdivision, the complexity of the legal descriptions, the necessity for dedication of streets or 34 drainage and utility easements, and the probability of future subdivision of the parcels (relating 35 to Section 151 Subdivision Regulations, Section 152.08). 36 37 Ms. Rothstein provided an analysis of the request stating it is for a minor lot adjustment, the 38 request does not change the land use or alter the site layout, the purchase agreement shows both 39 property owners agree to the minor subdivision, and the minor subdivision results in the increase 40 of the size of 3701 Stinson lot, making it more likely to redevelop. 41 42 City Planner Rothstein stated that Staff has reviewed the proposed minor subdivision and parcel 43 transfer requested, and recommends approval of the application, subject on the following 44 conditions: 45 46 2 City Council Regular Meeting Minutes October 10, 2017 Page 3 Satisfactory submittal of evidence to provide proof of clear title (and resolution of any 1 outstanding title issues) 2 3 City Attorney review and resolution of any other outstanding legal issues associated with 4 recording of the minor subdivision and parcel transfer. 5 6 Councilmember Stille asked if the resulting Unofficial lot conforms with all parking and zoning 7 conditions and Ms. Rothstein stated the property to be conveyed is currently vacant with no 8 parking lot or building on the lot. The resulting parcel is .8 acres. 9 10 Councilmember Jenson asked what the growth in acreage is. Ms. Rothstein stated there is a 50% 11 increase in the size of the lot going from half an acre to .8 acres. 12 13 The Applicant was present but did not wish to address the Council. 14 15 Motion by Councilmember Gray, seconded by Councilmember Jenson, to approve Resolution 16 17-069; a Resolution Approving the Minor Subdivision Request for the Properties Located at 17 3725 Stinson Boulevard and 3701 Stinson Boulevard subject to the two conditions. 18 19 Motion carried 4-0. 20 21 VI. GENERAL BUSINESS OF COUNCIL. 22 23 A. Resolution 17-070; a Resolution denying The Comprehensive Plan Amendments, PUD 24 Preliminary Development Plan/PUD Rezoning and Preliminary Plan related to The 25 Village, LLC Project Located at 2401 and 2501 Lowry Avenue. 26 27 Ms. Rothstein reviewed the process to date for the Council and public. The Planning 28 Commission recommendation from their September meeting was reviewed. Revised plans were 29 submitted on October 2, 2017 and both sets of plans are included in the Council packet for 30 review. 31 32 City Manager Casey reviewed a letter he submitted to the Mayor and Councilmembers on 33 October 5, 2017 stating: 34 35 On October 2, 2017, the applicant submitted revised plans and additional information (“Revised 36 Application”). This information revises the plan that was presented to the Planning Commission. 37 All additional information contained in the revised Application has been made part of the public 38 record, has been provided to Council and has been posted on the City’s website. In particular, the 39 Revised Plan requires a Comprehensive Plan amendment for the portion of the proposed project 40 at 2401 Lowry which is proposed for affordable housing. In addition, the entire site requires a 41 Planned Unit Development (PUD) authorization, which is a form of rezoning. 42 43 The Applicant, by letter dated September 18, requested that the Council consider the Revised 44 Plan at this evening’s meeting. Due to the revisions submitted on October 2, Council may 45 consider the revisions or may choose to ask the Planning Commission to consider the Revised 46 3 City Council Regular Meeting Minutes October 10, 2017 Page 4 Application. Since the Applicant has requested that Council directly consider the updates 1 contained in the Revised Application, a draft resolution has been prepared for Council 2 consideration. The draft resolution addresses, in particular, the continued request for a 3 Comprehensive Plan amendment and a PUD. Based on Staff review of the Planning Commission 4 actions to date and the Revised Application, Staff concludes that certain of the concerns 5 documented in the staff report with regard to the original application remain in the Revised Plan. 6 Based on consultation with the City Attorney, Staff advises that the Council has significant 7 discretion in determining whether a Comprehensive Plan amendment and a PUD as requested in 8 the Revised Application are appropriate for the health, safety and welfare of St. Anthony. It is 9 Staff’s opinion they are not. Staff has prepared a draft resolution for Council consideration, with 10 recommended findings, to deny the Comprehensive Plan amendment and the PUD. These 11 findings may be modified to reach a different conclusion during Council deliberations. 12 13 City Manager Casey recommended the project site appears to be a good candidate for a 14 Technical Assistance Panel (“TAP”). The TAP process is a service offered by the Urban Land 15 Institute to consider a prospective project and offer alternatives that meet the interests of all 16 interested parties. If Council directs Staff, inquiries could be made as to the availability and 17 timing of a TAP for this project site. 18 19 Mayor Faust noted this is not a public hearing but the developer will be asked to speak, followed 20 by any public comments. Mayor Faust reminded everyone this is a single project application 21 brought by the developer. The affordable housing components do not stand alone. Mayor Faust 22 has a strong desire to see affordable housing in this community and specifically on this site. 23 Council’s duty is to look at the entire PUD and make a reasonable, rational, and well considered 24 decision on whether this proposal matches our community’s vision. The project as a whole will 25 be considered this evening. There has been criticism by the developer of City Staff, including the 26 threat of litigation. Mayor Faust stated the Council has full confidence of City Staff and their role 27 is to strive for a fair and equitable process, remain in a neutral role and not pre-judge an 28 application. Staff can’t design the project for the developer and Staff doesn’t vote. Mayor Faust 29 stated he has full confidence that Staff did this throughout the process. 30 31 Ms. Traci Thomas, Vice President of The Village LLC, noted The Village LLC owns over 15 32 acres in the City of St. Anthony Village. She reviewed the initial vision for the land included in 33 the Comprehensive Plan. Ms. Thomas provided a PowerPoint presentation showing their plan. 34 She quoted Mayor’s comments from the 2/14/17 EAW public hearing. The revised proposal 35 includes a reduction to 40 units per acre on the 2501 Lowry Avenue site, dropping the unit count 36 to 97 (the number of homes that were in Lowry Grove) on the 2401 Lowry Avenue site as 37 replacement housing, reduced heights of buildings, additional storm water storage, increased 38 connectivity and access with internal roads and trails, and additional parking. Ms. Thomas stated 39 the changes were made in good faith thinking the Council would have a discussion about the 40 project rather than just saying no after another hurdle presented was met. The 2401 Lowry 41 Avenue site meets the Comprehensive Plan guidance and Alan Arthur, President and CEO of 42 AEON, will later note he is willing to meet the 40 units per acre as well. 43 44 4 City Council Regular Meeting Minutes October 10, 2017 Page 5 Ms. Thomas stated to deny a proposal due to density is wrong. The City is relying on the 2008 1 Comprehensive Plan as the guiding source. That Plan does not address current factors. There are 2 existing issues that need to be resolved and less density creates an unfeasible development. 3 4 Mr. Jared Ward, Civil Engineer, reviewed the site challenges. He stated there are a number of 5 things to consider for the site such as traffic, grading challenges, storm water treatment 6 restrictions, building and garage entrances, building setbacks, walkability and connectivity of the 7 site, and fire requirements. Mr. Ward stated the revised proposal addresses these concerns. 8 9 Mr. Christopher Pelpovich, BKV Architect, reviewed the overall design of the project and 10 pointed out some of the major elements. He reviewed the buildings and their heights and 11 reviewed the pieces that have changed including Building C, exterior of townhomes, Building A, 12 Buildings B and E, Building D. Mr. Pelpovich stated the current plan shows 712 units with 867 13 enclosed parking stalls and 237 additional surface stalls with 100 being parallel parking along the 14 streets. Mr. Pelpovich reviewed the stages of the project and indicated the entire site would be 15 completed in 2022. 16 17 Mr. Brady Halvorson reviewed the overall concept of the site and landscape plan. There will be 18 sidewalks on both sides of the streets with lighting and boulevard trees. They wanted to make 19 this a comfortable inviting neighborhood that is consistent with the neighboring properties. Good 20 neighborhood and community design principles have been implemented. He reviewed the 21 outside space available to all residents, noting there would be room for 38 additional parking 22 spaces if some of the green space was given up. 23 24 Mr. Pelpovich returned to the podium and reviewed the outside of Building B and the number of 25 units within the building and parking. He also reviewed Building D, which would be the largest 26 building on the site, and the townhomes plan. 27 28 Ms. Mindy Michaels, Sr. Project Manager, provided insight into the design for the senior 29 components included in senior services building and the senior co-op building. She reviewed the 30 services available in the senior services building. 31 32 Ms. Traci Thomas returned to the podium and quoted from the Comprehensive Plan regarding 33 Lowry Grove development. She then reviewed the settlement. 34 35 Mr. Christopher Pelpovich reviewed Building E and stated one of the challenges is the ground 36 water contamination that is occurring. The same applies to Building B. 37 38 Mr. Alan Arthur, President and CEO of AEON, stated he is frustrated and confused with the 39 recommendation from the City Manager to deny the strong and compelling proposal by The 40 Village. He feels they have appropriately responded to most of the comments and concerns with 41 the previous proposal. He is discouraged the 97 homes from the Lowry Grove Mobile Home 42 Park might not be replaced. He does not see how 41.4 units per acre compared to the 43 Comprehensive Plan of 40 units per acre is a deal breaker. If that is the case, AEON would only 44 do 75-80 affordable apartment homes to keep the density at 40 units/acre. He stated he is sad the 45 City would turn down the revised proposal. 46 5 City Council Regular Meeting Minutes October 10, 2017 Page 6 1 Mr. Jack Cann, Attorney representing the Lowry Grove Resident Association, stated about 60 of 2 the residents at Lowry Grove had homes that couldn’t be moved. Most of those are at the mercy 3 of an extremely hostile apartment rental environment. He asked what the long-term housing 4 solution is on behalf of those residents. Mr. Cann referred to the City’s website “Lowry Grove 5 Redevelopment” and read the principles. Mr. Casey’s recommendation did not include any 6 analysis of affordable housing proposed for the project and the planning principles noted on the 7 website were not addressed. Mr. Cann quoted from City Code and asked why staff did a 180-8 degree pivot when they learned there would be 110 units of deeply affordable housing and invite 9 the previous Lowry Grove residents back into that housing. Mr. Cann the City included in the 10 Comprehensive Plan the plan to redevelop Lowry Grove and get rid of its residents and by 11 requiring a density of 25 units/acre those residents will stay gone. He indicated there are some 12 potential legal consequences that have been conveyed to the City Attorney. 13 14 Mr. Bill Skolnick, Legal Counsel for Brad Hoyt and The Village LLC, stated he knows what the 15 City and surrounding areas are like because he lived in the area. Mr. Hoyt has given him two 16 missions this evening. Mr. Skolnick read a letter Mr. Hoyt had written in full. The second 17 mission was to give a perspective. He feels Mayor Faust’s confidence in Mr. Casey’s opinion is 18 misplaced in this situation as his opinion directly contradicts the facts and the findings. Mr. 19 Skolnick stated facts that were stated or written from the City, noting the City Attorney told one 20 of The Village staff this morning that Council would deny the proposal before even hearing the 21 evidence. He stated that is not the way it is supposed to work. Mr. Skolnick stated the City 22 Attorney had a conversation with Mr. Mergens this morning. Mr. Skolnick asked what happened 23 between Mr. Casey saying the more density the better as long as the City’s infrastructure can 24 handle it and now. Mr. Skolnick stated he hopes Council will consider the revised proposal and 25 the importance of this development to the City. 26 27 Ms. Thomas stated she does not know the reason for the proposed resolution of 25 units/acre. 28 She would have loved to have that as redevelopment of the site benefits the community, 29 residents, and surrounding communities. She noted the proposal of 40 units/acre complies with 30 the 2008 Comprehensive Plan and requested Council approve the Preliminary PUD and 31 Preliminary Plat for 2501 Lowry Avenue and the Comprehensive Plan amendment to change 32 2401 Lowry Avenue land use. 33 34 Ms. Monique Dubos, 2601 Kenzie Terrace, stated there seems to be great progress on the project 35 and closer to the 25 units/acre but that is still a lot of traffic and density. She stated it shouldn’t 36 be up to this development to address all the affordable housing needs in St. Anthony. She 37 addressed the planning goals and said going to the lower density of the range would be more 38 compatible with the neighborhood. Ms. Dubos stated at the last meeting, she had presented a 39 petition with over 800 signatures and added a page containing more signatures. 40 41 Mr. Perry Thorvig, 3112 Townview Avenue, mentioned three points, noting he was in Mr. Casey 42 and Ms. Rothstein’s shoes for many years. He noted when you get the details of a potential 43 project, it’s different than initial general discussions. Mr. Thorvig stated the developers have 44 made some concessions on reducing units but they have not heard a single word that the 45 neighbors said about the use of the alley. He offered an alternative suggestion to eliminate 46 6 City Council Regular Meeting Minutes October 10, 2017 Page 7 townhouses and replace them with dry water retention ponds or rain gardens and recreation 1 space. He noted on TIF, it is not known how much is proposed and there would be no tax base 2 from this project for 25 years. 3 4 Ms. Ginny Lahti, 2601 Kenzie Terrace, stated she is in favor of the redevelopment of Lowry 5 Grove and affordable housing even to the level of 97 units. She is in favor of the rezoning of the 6 area to high density but within the allowable range of 25-40 units/acre. She stated density and 7 height were always the issue and scaling back the density should not reduce the affordable 8 housing. She hopes an agreement can be reached between the developer and the City. 9 10 Ms. Patricia LeBossier, 2653 Stinson, stated there is an issue with flooding in her basement when 11 there is a heavy rain. She is concerned about the density. She noted the alley way is used as a 12 walkway for residents to the strip mall and she is concerned about keeping the City the way it is. 13 14 Ms. Carol Weiler, 2312 St. Anthony Parkway, referred to The Legacy density, the EAW Record 15 of Decision, and the letter from the Met Council regarding the EAW. She also referred to 16 Exhibits provided by the developer, noting density was the major concern that neighbors voiced 17 at many meetings. Ms. Weiler asked if an EAW has been done on the Bremer site since it was 18 added. 19 20 Mr. John Grevious, 2239 Wilson Street, thanked the Council for listening to the concerns, noting 21 most are livability factors based on density. He stated there needs to be a revised traffic study 22 given the comments by Hennepin County and he hopes the TAP is pursued. 23 24 Mr. Thomas Issacson, 2604 Pahl Avenue, stated he supports the resolution presented to the 25 Council. He believed that density needs to be reviewed as it fits within the existing 26 neighborhood. He is concerned about the use of the public alley and noted that employee parking 27 has not been addressed in the plan as well as weekend guests. There are issues at other CPG 28 properties. Mr. Issacson voiced his concerns about the townhomes and asked that CPG and The 29 Village settle with the Lowry Grove residents. He stated the affordable housing cannot 30 automatically go to Lowry Grove residents as that is illegal. He would like to see more 31 affordable units and recommended AEON as a partner for the City. 32 33 Ms. Kari Domeyer, Pahl Avenue, stated she lives very close to the former Lowry Grove site. Her 34 children attend St. Charles school. She is concerned with how the development will affect the 35 safety of the children going to the school, thinks this plan would negatively affect St. Charles 36 school and is not a good fit for the community. She requested Council support the resolution to 37 deny the current plan. 38 39 Mr. Tom Deegan, 2616 Pahl Avenue, supports Mr. Casey’s discussion posted on the City’s 40 website last Friday. He noted Lowry being a one-lane road now should be addressed in a new 41 traffic study. He stated he spoke with the State Fire Marshall yesterday and provided Council 42 with some documents about the Fire Vehicle Access Roads. 43 44 Mr. Chad Gillard, 2524 Pahl Avenue, requested the Council support Resolution 17-070 as this 45 plan would not benefit the citizens of St. Anthony. He stated the density is 6 times that of the 46 7 City Council Regular Meeting Minutes October 10, 2017 Page 8 current density of their neighborhood and the units proposed are 2-3-bedroom units. He felt 1 families moved into St. Anthony because of the school system. He looks forward to a plan that is 2 25 units/acre density, brings in tax revenue, and allows affordable housing that will enhance and 3 not overwhelm the current school system. 4 5 Ms. Barbara Sullivan, 2613 Lowry Avenue NE, stated she is concerned about the infrastructure, 6 water, traffic study, and the EAW. She stated the City needs to look at their resources. 7 8 Mr. Ned Moore, 3500 38th Avenue S., representing the Assembly for Civil Rights, stated they 9 were involved in organizing the Lowry Grove residents. He is representing Antonia Alvarez who 10 is unable to make it tonight because her daughter is in the hospital. Mr. Moore quoted scripture 11 and demanded the City take responsibility for its actions and decisions and become a force for 12 justice rather than indifference. He felt the loss of Lowry Grove was in process for a long time 13 and that a group of residents concerned about the closing of Lowry Grove came to City Hall and 14 were told there was nothing for them to worry about. He stated residents looked to the City for 15 leadership and assistance and had requested meetings with the City Council but throughout the 16 14-month process, Council had very little to say. Mr. Moore stated the developer said if they had 17 known they would be limited to 25 units/acre, they never would have bought the property. Mr. 18 Moore stated this is astounding to play ‘bait and switch’ with the developer and the Council 19 needs to take responsibility for their role in the closing of Lowry Grove. He believed there was a 20 direct link between density and affordability and urged the Council to stand up for justice even if 21 it isn’t popular and honor the commitment made to Lowry Grove residents in the 2008 22 Comprehensive Plan. 23 24 Mr. Dale Nugent, 2734 Stinson Parkway, stated he is very concerned about having this developer 25 as their neighbor. He felt Stinson Parkway was a jewel in the neighborhood and that traffic 26 studies were garbage that have been done so far because they contain many false assumptions. 27 Mr. Nugent stated there needs to be a do over and he is excited about the prospect of getting 28 affordable housing into Lowry Grove. Mr. Nugent stated he is not so certain about the developer 29 but the TAP proposal sounds good. 30 31 Councilmember Gray stated when Mark Casey was hired he was excited about having a great 32 City Mana ger and over the past 1½ years , he is convinced Mr. Casey is an outstanding City 33 Manager, probably the best in the State. Councilmember Gray stated he is concerned that 34 Council is ignored in the process since Council is making the decisions. He noted the Council 35 did not have any meetings with the developer. He stated he has concerns about the proposal but 36 if the resolution is supported, that does not mean the Council is against affordable housing. He 37 indicated he will be voting in favor of the resolution. 38 39 Councilmember Stille stated he will be voting in favor of the resolution, noting that trying to 40 shame the City for its lack of affordable housing is ridiculous since there are 1,458 rental units 41 and 84% are affordable at some level up to 80% AMI. In addition, 433 units have been 42 developed within the last 15 years and of those, 52% are affordable. Councilmember Stille stated 43 he agrees there is an affordability crisis but the burden cannot be placed on St. Anthony. He felt 44 TAP would go a long way in bringing people together, noting the Council is listening to the 45 resident’s concerns. 46 8 City Council Regular Meeting Minutes October 10, 2017 Page 9 1 Councilmember Jenson stated he will be voting to support the resolution as stated, noting 2 compatibility with surrounding land uses is part of the Comprehensive Plan. He stated the 3 Comprehensive Plan states 25-40 units/acre so 41.4 units are still not compliant with the 4 Comprehensive Plan. He felt the developer should have done its due diligence by being aware of 5 the Comprehensive Plan provisions. 6 7 Mayor Faust reminded everyone this is a single project brought to the Council by the developer 8 and the affordable housing project does not stand alone. He stated the Council wants affordable 9 housing and it is the Council’s responsibility to look at the entire PUD and whether or not it 10 matches the community’s vision. He felt this specific proposal does not meet community needs. 11 12 Motion by Councilmember Stille, seconded by Councilmember Jenson, to approve Resolution 13 17-070; a Resolution Denying the Comprehensive Plan Amendments, PUD Preliminary 14 Development Plan/PUD Rezoning, and Preliminary Plat Related to The Village, LLC Project 15 Located at 2401 and 2501 Lowry Avenue. 16 17 The entire resolution was read by Councilmember Stille. 18 19 Motion Carried 4-0. 20 21 Mayor Faust hopes this is not the end. He requested City Manager Casey to research the TAP 22 and invited the developer to participate. He would like to work together to make a project the 23 City and Developer can be proud of. 24 25 B. Ordinance 2017-03; an Ordinance Approving the Comcast Cable Television Franchise. 26 27 Mr. Casey reviewed this is the second of three readings of an ordinance to approve the renewal 28 of the Comcast cable television franchise agreement. The third and final reading will be on 29 October 24, 2017. 30 31 Motion by Councilmember Gray, seconded by Councilmember Jenson, to approve Second 32 Reading of Ordinance 2017-03, an Ordinance Approving the Comcast Cable Television 33 Franchise. 34 35 Motion Carried 4-0. 36 37 C. Quarterly Goals Update. 38 39 City Manager Casey provided the Quarterly Goals Update. As a result of the Annual Strategic 40 Planning Session, 61 action steps were created. This is for informational purposes and no action 41 is requested. 42 43 VII. REPORTS FROM CITY MANAGER AND COUNCIL MEMBERS. 44 45 Councilmember Jenson stated he attended a portion of the Fire Department Open House. 46 9 City Council Regular Meeting Minutes October 10, 2017 Page 10 1 Councilmember Stille stated he attended the Fire Department Open House, noting it could 2 become a true community gathering. 3 4 Mayor Faust attended Tech Dump and was also at the Big Rigs. He attended the Regional 5 Council of Mayors and ULI Advisory Board where a discussion of the Amazon facility was held. 6 7 VIII. COMMUNITY FORUM – NONE. 8 9 IX. INFORMATION AND ANNOUNCEMENTS. 10 11 Mayor Faust stated The Village Notes are out. 12 13 X. ADJOURNMENT. 14 15 Mayor Faust adjourned the meeting at 9:43 p.m. 16 17 Respectfully submitted, 18 Debbie Wolfe 19 TimeSaver off Site Secretarial, Inc. 20 21 22 Mayor 23 ATTEST: 24 City Clerk 25 26 27 10 Saint Anthony Village DATE: October 24, 2017 Approved: TO: Mayor and Councilmembers FROM: License Clerk ITEM: License and Permits for Approval: Mechanical Licenses: Hoffman Refrigeration & Heating, Stillwater, MN Jayhawk Mechanical, Minneapolis, MN PB Services, Blaine, MN The Snelling Company, St Paul, MN Rental Licenses: Applicant: Highcrest Manor Limited Partnership Location: 3605 – 3615 37th Ave NE Applicant: Girard Management Location: 3713 – 3800 Foss Rd NE Applicant: Tim Manning Location: 3404 Roosevelt St NE 11 THIS PAGE LEFT INTENTIONALLY BLANK 12 City of St Anthony Village CITY OF ST ANTHONY CHECK REGISTER Page: 1 Check Issue Dates: 10/4/2017 - 10/25/2017 Oct 18, 2017 04:13PM Vendor Number Payee Check Number Check Issue Date Amount 12180 ARVIG CONSTRUCTION 76 10/25/2017 249.00 10252 CENTERPOINT ENERGY 77 10/25/2017 1,102.16 10326 COMMERS CONDITIONED WATER 78 10/25/2017 145.00 11186 PAETEC 79 10/25/2017 251.25 11740 XCEL ENERGY 80 10/25/2017 35,518.23 12545 HAPPY'S POTATO CHIP COMPANY 33406 10/04/2017 150.00 10710 ICMA RETIREMENT TRUST 33407 10/06/2017 1,735.00 11792 INTERNATIONAL UNION LOCAL #49 33408 10/06/2017 414.00 11793 LAW ENFORCEMENT LABOR SERVICES 33409 10/06/2017 833.00 10002 LOCAL UNION IAFF #3486 33410 10/06/2017 336.72 10039 AIRGAS USA LLC 33411 10/25/2017 38.35 10054 ALLIANCE MECHANICAL 33412 10/25/2017 843.00 1100 ARTISIAN BEER COMPANY 33413 10/25/2017 11,040.62 10116 ASPEN WASTE SYSTEMS INC 33414 10/25/2017 138.70 12546 BELDEN RIVER PROPERTIES LLC 33415 10/25/2017 3.16 1013 BELLBOY CORPORATION 33416 10/25/2017 3,370.85 1014 BELLBOY CORPORATION 33417 10/25/2017 118.00 1035 BERNICK'S BEVERAGE & VENDING 33418 10/25/2017 4,402.08 10172 BIFFS, INC.33419 10/25/2017 222.00 8544 BOURGET IMPORTS 33420 10/25/2017 187.00 1018 BREAKTHRU BEVERAGE MN BEER 33421 10/25/2017 10,777.77 1011 BREAKTHRU BEVERAGE MN WINE & SPIRITS 33422 10/25/2017 6,855.95 1009 BREAKTHRU BEVERAGE MN WINE & SPIRITS 33423 10/25/2017 5,110.58 10197 BRIAN NELSON INSPECTION SVCS 33424 10/25/2017 486.56 10218 BUREAU OF CRIM APPREHENSION 33425 10/25/2017 510.00 1114 CANNON RIVER WINERY 33426 10/25/2017 144.00 1017 CAPITOL BEVERAGE SALES 33427 10/25/2017 14,410.60 10252 CENTERPOINT ENERGY 33428 10/25/2017 240.48 10254 CENTRAL LOCK & SAFE CO 33429 10/25/2017 157.50 10263 CENTURYLINK 33430 10/25/2017 705.96 10299 CITY OF ST. PAUL 33431 10/25/2017 887.32 1010 CLEAR RIVER BEVERAGE COMPANY 33432 10/25/2017 702.40 1042 CRYSTAL SPRINGS ICE 33433 10/25/2017 289.10 10438 D ROCK CENTER & SMALL ENG 33434 10/25/2017 52.00 11796 DO GOOD BIZ INC 33435 10/25/2017 381.54 10432 DORSEY & WHITNEY 33436 10/25/2017 4,924.08 12551 ECKMAN, LISA 33437 10/25/2017 396.78 10461 EHLERS & ASSOCIATES, INC.33438 10/25/2017 3,800.00 10474 EMERGENCY AUTOMOTIVE TECH, INC 33439 10/25/2017 153.14 12547 ERICKSON, MARK 33440 10/25/2017 267.96 10501 FASTENAL COMPANY 33441 10/25/2017 106.55 11758 FLOORS BY BECKER INC 33442 10/25/2017 5,323.00 10550 G & K SERVICES INC 33443 10/25/2017 702.39 10573 GOODIN COMPANY 33444 10/25/2017 20.47 1032 GRAPE BEGINNINGS, INC.33445 10/25/2017 192.50 10624 HAWKINS, INC 33446 10/25/2017 1,483.04 10642 HENN CNTY INFO TECH DEPT 33447 10/25/2017 2,982.22 10661 HENNEPIN COUNTY TREASURER 33448 10/25/2017 75.00 10668 HENRICKSEN PSG 33449 10/25/2017 1,297.95 1019 HOHENSTEIN'S, INC 33450 10/25/2017 6,520.80 10684 HOME DEPOT CREDIT SERVICES 33451 10/25/2017 176.76 1027 INDEED BREWING COMPANY 33452 10/25/2017 747.12 10733 INSTRUMENTAL RESEARCH, INC.33453 10/25/2017 90.00 Auto Pay Auto Pay Auto Pay Auto Pay Auto Pay 13 City of St Anthony Village CITY OF ST ANTHONY CHECK REGISTER Page: 2 Check Issue Dates: 10/4/2017 - 10/25/2017 Oct 18, 2017 04:13PM Vendor Number Payee Check Number Check Issue Date Amount 12552 JC MILLER & SONS INC 33454 10/25/2017 497.75 1016 JJ TAYLOR DISTRIBUTING 33455 10/25/2017 25,727.82 1102 JOHNSON BROTHERS 33456 10/25/2017 3,264.30 1004 JOHNSON BROTHERS LIQUOR CO.33457 10/25/2017 9,359.74 1005 JOHNSON BROTHERS LIQUOR COMPANY.33458 10/25/2017 11,054.45 1006 JOHNSON BROTHERS LIQUOR COMPANY.33459 10/25/2017 11,328.20 1044 JOHNSON BROTHERS LIQUOR COMPANY.33460 10/25/2017 2,073.17 10797 KONICA MINOLTA BUSINESS 33461 10/25/2017 346.37 12340 LARSON, ALISSA 33462 10/25/2017 61.88 1022 M. AMUNDSON LLP 33463 10/25/2017 1,989.47 11985 MANSFIELD OIL COMPANY 33464 10/25/2017 12,760.28 2005 MILK AND HONEY CIDERS 33465 10/25/2017 450.00 10989 MINNESOTA HIGHWAY SAFETY AND 33466 10/25/2017 1,860.00 10992 MINNESOTA MUNICIPAL 33467 10/25/2017 200.00 12373 MINNESOTA TRANSLATIONS 33468 10/25/2017 231.93 11019 MISTER CAR WASH 33469 10/25/2017 62.72 11061 MORRELL ENTERPRISES, LP 33470 10/25/2017 175.00 1125 NEGOCE 33471 10/25/2017 105.42 1051 NEW FRANCE WINE COMPANY 33472 10/25/2017 462.00 11110 NEWMAN TRAFFIC SIGNS 33473 10/25/2017 208.74 12404 NORTH OAKS LAWN SERVICE INC 33474 10/25/2017 9,505.25 11163 OFFICE DEPOT 33475 10/25/2017 118.73 11174 O'MALLEY CONCRETE 33476 10/25/2017 19,268.00 11185 PACE ANALYTICAL SERVICES, INC.33477 10/25/2017 630.00 1012 PAUSTIS & SONS 33478 10/25/2017 1,261.88 1001 PHILLIPS WINE & SPIRITS 33479 10/25/2017 3,734.69 1002 PHILLIPS WINE & SPIRITS 33480 10/25/2017 2,399.82 12550 PIPERIGHT PLUMBING 33481 10/25/2017 352.54 12311 PUCKETTS RECYCLING 33482 10/25/2017 40.00 11302 RAMSEY COUNTY 33483 10/25/2017 9,238.32 1123 RJM DISTRIBUTING INC 33484 10/25/2017 180.00 11991 RL LARSON EXCAVATING INC 33485 10/25/2017 34,798.50 1020 ROOTSTOCK WINE COMPANY 33486 10/25/2017 85.50 11345 ROSEVILLE CHRYSLER DODGE 33487 10/25/2017 246.83 11366 SAM'S CLUB 33488 10/25/2017 181.38 11399 SHI INTERNATIONAL CORPORATION.33489 10/25/2017 278.00 2003 SIDESHOW BLOODY MARY MIX 33490 10/25/2017 144.00 11412 SIMPLEXGRINNELL 33491 10/25/2017 578.40 1024 SOUTHERN GLAZER'S OF MN 33492 10/25/2017 9,995.68 1008 SOUTHERN GLAZER'S OF MN 33493 10/25/2017 5,613.59 1026 SOUTHERN GLAZER'S OF MN 33494 10/25/2017 38,893.27 1036 SOUTHERN GLAZER'S OF MN 33495 10/25/2017 218.56 2001 STEEL TOE BREWING 33496 10/25/2017 404.00 11495 STILLE/RANDY 33497 10/25/2017 93.52 12548 STOP STICK LTD 33498 10/25/2017 4,462.00 12366 STREET FLEET 33499 10/25/2017 28.75 12430 SUNRAM CONSTRUCTION 33500 10/25/2017 87,312.00 11529 SWEEPER SERVICES 33501 10/25/2017 50.55 11586 TRACY PRINTING 33502 10/25/2017 1,796.00 11819 TRUE NORTH ELECTRIC 33503 10/25/2017 4,167.65 12549 TWIN CITIES TRANSPORT & RECOVERY 33504 10/25/2017 350.00 11626 U.S. BANK (PURCHASING CARD)33505 10/25/2017 4,254.10 11674 VERIZON WIRELESS 33506 10/25/2017 337.18 14 City of St Anthony Village CITY OF ST ANTHONY CHECK REGISTER Page: 3 Check Issue Dates: 10/4/2017 - 10/25/2017 Oct 18, 2017 04:13PM Vendor Number Payee Check Number Check Issue Date Amount 11681 VIKING ELECTRIC SUPPLY INC 33507 10/25/2017 10.41 11932 VILLAGE EXPRESS WASH 33508 10/25/2017 133.28 1025 VINOCOPIA 33509 10/25/2017 359.50 11699 WAL-MART BUSINESS CENTER 33510 10/25/2017 34.28 11933 WIMACTEL INC 33511 10/25/2017 45.00 1034 WINE COMPANY/THE 33512 10/25/2017 667.60 1038 WINE MERCHANTS INC 33513 10/25/2017 663.55 11731 WITMER PUBLIC SAFETY GRP, INC.33514 10/25/2017 69.98 11738 WSB & ASSOCIATES, INC.33515 10/25/2017 112,460.38 11740 XCEL ENERGY 33516 10/25/2017 83.72 6540 Z WINES USA LLC 33517 10/25/2017 162.00 Grand Totals: 569,997.27 15 THIS PAGE LEFT INTENTIONALLY BLANK 16 CITY OF ST. ANTHONY VILLAGE STATE OF MINNESOTA RESOLUTION 17-071 A RESOLUTION DESIGNATING POLLING PLACES FOR THE 2018 STATE PRIMARY AND STATE GENERAL ELECTION WHEREAS, Minnesota Statutes 204B.16, subd 1 requires the City Council, by ordinance or resolution, to designate polling places for the upcoming year; and WHEREAS, changes to the polling places locations may be made at least 90 days before the next election if one or more of the authorized polling places becomes unavailable for use; and WHEREAS, changes to the polling place locations may be made in the case of an emergency when it is necessary to ensure a safe and secure location for voting; and WHEREAS, the state primary is August 14, 2018 and the state general election is November 6, 2018. NOW, THEREFORE, BE IT RESOLVED, that the St. Anthony Village City Council hereby designates the following polling places for elections conducted in the city in 2018: Hennepin Precinct 1 Autumn Woods 2600 Kenzie Terrace Hennepin Precinct 2 St. Anthony Community Center 3301 Silver Lake Road Ramsey Precinct 1 Chandler Place 3701 Chandler Drive AND BE IT FURTHER RESOLVED, that the city clerk is hereby authorized to designate a replacement meeting the requirements of the Minnesota Election Law for any polling place designated in this Resolution that becomes unavailable for use by the City; AND BE IT FURTHER RESOLVED, that the city clerk is hereby authorized to designate an emergency replacement polling place meeting the requirements of the Minnesota Election Law for any polling place designated in this Resolution when necessary to ensure a safe and secure location for voting; AND BE IT FURTHER RESOLVED, that the city clerk is directed to send a copy of this resolution and any subsequent polling place designations to the Ramsey County Elections Office. Adopted this 24th day of October, 2017. _________________________________________ Jerome O. Faust, Mayor ATTEST:___________________________ Nicole Miller, City Clerk Review for Administration: _______________________________________ Mark Casey, City Manager 17 THIS PAGE LEFT INTENTIONALLY BLANK 18 1 To: Mayor Jerry Faust, City Council Members City Manager Mark Casey From: Jon Mangseth, Police Chief Subject: Body Worn Camera (BWC) Policy Date: October 24th, 2017 In front of you this evening is a staff report and appendixes for a Body Worn Camera policy. Per state statute, the law adds a new public comment provision in Minnesota Statutes, section 626.8473. It states that a law enforcement agency has to provide an opportunity for public comment before written policy adoption. The legislation and draft policy that applies to BWC’s can be found in the attached Appendix labelled: A. Policy 30-0 Portable Audio/Video Recorders B. Policy 9-28 (Officer-Involved Shootings and Deaths), placing limitations on an officer’s ability to view recordings prior to offering a statement or writing a report. C. M.S.S. 626.8473 PORTABLE RECORDING SYSTEMS ADOPTION; WRITTEN POLICY REQUIRED D. M.S.S. 13.825 PORTABLE RECORDING SYSTEMS E. Sample Data Retention Schedule The St. Anthony Police Department has put together a final draft of its Body Worn Camera Policy. The Police Department engaged in a comprehensive review and public input process for the development of this policy. The policy development process included input, discussion, and consultation with the following: 1. St. Anthony Police Department staff 2. Minnesota Bureau of Criminal Apprehension staff 3. Roseville, New Brighton and Burnsville Police Departments 4. Tri-City Body Cam Workgroup 5. St. Anthony City Attorney 6. Lauderdale/Falcon Heights City Attorney 7. Ramsey County Attorney’s Office 8. Hennepin County Attorney’s Office 9. League of Minnesota Cities 10. International Association of Chiefs of Police (IACP) model policy 11. Harriet Tubman Center 12. National Alliance on Mental Illness (NAMI) 13. MN Coalition for battered Women 14. City of Roseville IT division 15. St. Anthony-New Brighton School District 19 2 Why Body Worn Cameras? • Due to recent national events, the use of body worn cameras (BWC) has quickly emerged as a topic of discussion in many communities and police departments. • The expectation of video footage in police related incidents has become a new reality. • BWC Legislation, enacted August 1st, 2016, requires agencies implementing a BWC Program to adhere to strict policy requirements, when adopting and implementing them. • Used in conjunction with our Panasonic “in squad cameras” and Panasonic system cameras, to be installed in booking and processing areas, we will have full system compatibility and continuity with regard to officer/citizen contacts. • St. Anthony Police Officer philosophy has been, “We want cameras, and we don’t want to work without them.” This has been true for in squad cameras (since 2011) and has been echoed by officers in regard to BWC. • The BWC policy, much like other policies, will be a living document. Due to changes in technology, case law and identified need, the police department will have to continually strive to ensure we are following best practices. • BWC’s can: 1. Help to strengthen and enhance transparency and accountability. 2. Provide an audio and visual record of interactions that can capture evidence, during stressful, tense, rapidly developing situations. 3. Potentially reduce public complaints and use of force reports. • IACP study reports 93% decrease in complaints nationwide. The Benefits of BWC’s include: • Cameras are an unbiased witness to capture the event and behavior of an officer (s), individual/suspect/witness. • Increases transparency and accountability of officers. • May help provide valuable evidence in obtaining accurate witness and victim statements. • Video footage captured may help speed up court proceedings by providing indisputable proof of situations. This may lead to a reduction in court expenses due to an increase in pre-trial plea bargains or possibly an increased rate of convictions. • Video footage captured will aid in officer training and after action review of calls for service. Concerns with BWC’s (Items to consider): • According to early versions of policies governing their use, law enforcement officers must physically activate the camera when they exit their patrol car. The recording equipment must be manually activated when interacting with civilians or recording statements during investigations. However, officers decide when to activate the camera, and for how long the footage is stored, and if and when it should be made accessible to public. For example, the camera can be 20 3 deactivated when interviewing a victim of sexual assault or during a medical emergency, to maintain the victim’s privacy. • Privacy issues are of concern for both police and civilians. How to deal with those concerns was taken care of with the passing of recent legislation effective August 1st, 2016. (MN S.S. 626.8473). • Use of body cameras may prevent people from coming forward as credible witnesses to help assist with investigations, due to fear of retaliation or fear of public exposure. • Camera limitations - technological issues related to the cameras may prevent proper functioning at times. This could be due to a dead battery, damaged components, obstructed lens, and other problems. This could result in personnel missing important witness statements or crucial behavior by officers or citizens. • Camera position, clothing and weather related issues. • The equipment has decreased in price. Potential costs involved in their use include the cost of ongoing maintenance, and costs associated with storing and maintaining the video footage and recorded data that is collected. In addition, costs would be associated with cataloging and retrieving footage in response to subpoenas, investigations and public information requests. • Time spent to investigate cases increases (viewing of all video). • The cost and time associated with redaction of video. Minnesota State Statute Minnesota State Statute provides clear direction for law enforcement agencies who adopt and implement a BWC program. Please reference Appendix C and D, in the council packet, regarding Minnesota State Statutes: • M.S.S. 626.8473 – Portable Recording Systems Adoption; Written Policy Required. (Appendix C) • M.S.S. 13.825 – Portable Recording Systems. (Appendix D) Minnesota Statutes, section 626.8473 requires cities to adopt written policies before implementation of portable recording systems. These policies must be posted on the police department’s website. At a minimum, the agency must accept public comments submitted electronically or by mail, and the governing body with jurisdiction over the budget of the law enforcement agency must provide an opportunity for public comment at a regularly scheduled meeting. • At a minimum, written policies must incorporate the following: (1) the requirements of section 13.825 (Appendix D) and other data classifications, access procedures, retention policies, and data security safeguards that, at a minimum, meet the requirements of chapter 13 and other applicable law; Appendix E, Retention of Data. (2) procedures for testing the portable recording system to ensure adequate functioning; Appendix A, SAPD Policy 30-3 Member Responsibilities. 21 4 3) procedures to address a system malfunction or failure, including requirements for documentation by the officer using the system at the time of a malfunction or failure; Appendix A, SAPD Policy 30-3 Member Responsibilities. 4) circumstances under which recording is mandatory, prohibited, or at the discretion of the officer using the system; Appendix A, 30-7 Activation of the audio/video recorder. 30-7-1 Cessation of recording. 30-7-2 When activation is not required. (5) circumstances under which a data subject must be given notice of a recording; Appendix A, 30-7-3 Surreptitious recordings. (6) circumstances under which a recording may be ended while an investigation, response, or incident is ongoing; Appendix A, 30-7 Activation of the audio/video recorder. 30-7-1 Cessation of recording. 30-7-2, When activation is not required. (7) procedures for the secure storage of portable recording system data and the creation of backup copies of the data; and Appendix A, 30-9 Recording media storage and integrity. 30-9-1 Copies of recording media. (8) procedures to ensure compliance and address violations of the policy, which must include, at a minimum, supervisory or internal audits and reviews, and the employee discipline standards for unauthorized access to data contained in section 13.09. Appendix A, 30-4 Supervisor responsibilities. 30-5 Administrator responsibilities. 30-6 Coordinator. 30-14 Accountability. 30-15 Sanctions for misuse of recorded media. 30-16 Training. The law adds a new public comment provision to Minnesota Statutes (Appendix C). The law enforcement agency and city council must provide an opportunity for public comment before purchasing or implementing a system. The law enforcement agency also has to provide an opportunity for public comment before written policy adoption. (Why we are here today). In addition, adopted policies must be posted on the law enforcement agency’s website. Data classifications, access procedures, retention policies, and data security safeguards must be included in policy. At a minimum, written policies must meet the requirements of chapter 13 and other applicable law. Minnesota Statute 13.825 PORTABLE RECORDING SYSTEMS, Appendix D, establishes data classifications, access procedures, retention policies, and data security safeguards that must be included in policy. • This comprehensive package of legislation on law enforcement use of BWC’s consists of: Subd. 1. Application; definition. Subd. 2. Data classification. Subd. 3. Retention of data. Subd. 4. Access by data subjects. Subd. 5. Inventory of portable recording system technology. Labelled, categorized and stored. 22 5 Subd. 6. Use of agency-issued portable recording systems. Subd. 7. Authorization to access data. Subd. 8. Sharing among agencies. Subd. 9. Biennial audit. Subd. 10. Notification to BCA. Subd. 11. Portable recording system vendor. Subd. 12. Penalties for violation. Noteworthy references among this comprehensive package of legislation on law enforcement use of BWC’s includes: classification of data, retention of data, access by data subjects, authorization to access data and Biennial Audit. Per state statute, body camera audio and video is private data on individuals or nonpublic data. Private data on individuals or nonpublic data is accessible to the data subject and those whose job responsibilities reasonably require access, but it is not generally accessible to the public. Body camera data that is part of an active criminal investigation is generally confidential and not available to the public or the data subject. Body camera data is generally public in the following situations (Appendix D): • When a peace officer discharges a firearm in the course of duty (but not a discharge for training purposes or killing of animals). • When use of force by a peace officer results in “substantial bodily harm.” • When a data subject requests that the data be made accessible to the public - after redacting by blurring video or distorting audio - of: 1. those who have not consented to the release and 2. undercover officers. • When body camera data documenting the basis for discipline is part of personnel data after final disposition of discipline. • When made public by order of the court. In situations beyond those stated above, law Enforcement agencies have discretion to make body camera video public. A law enforcement agency may make body camera video that is classified as confidential, protected nonpublic, private or nonpublic data accessible to the public if they have determined that it will aid in the law enforcement process, promote public safety, or dispel widespread rumor or unrest. A law enforcement agency may redact or withhold access to portions of data that are public when the data is “clearly offensive to common sensibilities.” A best practice would be to review the data with the county and/or city attorney and determine what portions, if any, can be released to the public. Any individual or entity whose image or voice is on portable system recording data is a subject of the data. This includes on-duty peace officers engaged in an investigation or response to an emergency, incident, or request for service. While subjects of the data generally have the right to be redacted from 23 6 any data released, an on-duty officer may not be redacted from such data. Outside of criminal investigative data, body camera video is private data, which means the subject of the data may view the recording. If the subject requests a copy of the data, the law enforcement agency must redact the data on other individuals who do not consent to its release. The identity of an undercover law enforcement officer must also be redacted for their protection. Retention Cities must maintain body camera data for a minimum of 90 days for non-active or inactive criminal investigative data and one year for data related to: • Discharge of a firearm by a peace officer in the course of duty (but not for discharge for training purposes or killing animals). • Use of force by a peace officer resulting in substantial bodily harm. • Formal complaint made against an officer related to an incident. See Appendix E which depicts a non-inclusive list of SAPD retention periods that are reflective of the requirements found in chapter 13. The retention periods listed will provide department personnel the opportunity to retain the data according to guidelines outlined by Minnesota Data Practices. If any video or audio recordings are obtained in the body worn camera DVR system that is related to death or homicide; those recordings must be saved on a DVD and placed in the case file to be retained permanently in accordance with Minnesota Data Practices. These retention periods are consistent with regard to BWC’s and our current in car Mobile Video Recording systems (MVR), which are already established in policy. Subjects of the data may submit a written request to retain a body camera recording beyond the applicable retention period for possible evidentiary or exculpatory use. When received, the law enforcement agency must retain the recording for an additional period of time, up to 180 days. After that extended retention period, the law enforcement agency must notify the requester that the recording will be destroyed unless a new request is made. Individual cities can decide to retain body camera recordings for as long as reasonably necessary for possible evidentiary or exculpatory use related to the incident. Circumstances under which recording is Mandatory, Prohibited, or Discretionary Policy pertaining to the activation of the BWC 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: • All enforcement and investigative contacts including stops and field interview (FI) situations. These may include, but are not limited to pedestrian stops, suspicious persons, curfew violations, people suspected of committing crimes. • Traffic stops including, but not limited to, traffic violations, stranded motorist assistance and all crime interdiction stops. • Self-initiated activity in which a member would normally notify the Hennepin County or Ramsey County Communications Dispatch Centers. 24 7 • Any other contact that becomes adversarial after the initial contact in a situation that would not otherwise require recording. Police Officer’s 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 an officer 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. Access to Data Per state statute, when providing authorization to access data, the responsible authority for a law enforcement agency must establish written procedures to ensure that law enforcement personnel have access to the portable recording system data that are not public, only if authorized in writing by the chief of police, sheriff, or head of the law enforcement agency, or their designee, to obtain access to the data for a legitimate, specified law enforcement purpose. Officers shall document in the Post Note field of the Back End Client software the purpose for accessing any recorded file. This documentation is to clarify the reason for viewing the recording when developing the audit trail. SAPD Policy 30-8 covers officer review of recorded media files (Appendix A). The policy notes that when preparing written reports, members are permitted to review their recordings as a resource when writing reports. SAPD Policy 9-28 Officer-Involved Shootings and Deaths (Appendix B) places limitations on an officer’s ability to view recordings prior to offering a statement or writing a report in situations where officers have used or attempted to use deadly force. The policy falls in line with MN BCA Policy regarding the investigation of an Officer Involved Shooting (OIS) and indicates that when an Investigative Agent is taking a statement from a St. Anthony Police Officer, who used or attempted to use deadly force in a critical incident and the incident is captured on video or audio recordings, the officer will be requested to provide a voluntary interview of the facts and circumstances surrounding the incident. Neither the officer nor their attorney will be permitted to view the video prior to providing a voluntary statement. However, a peace officer may view the video following the voluntary interview, if they request to do so, to assist in clarifying any portion of their statement. The viewing of the video will be limited to the incident captured on the officer’s own dash camera or BWC. If, upon discussing the incident with legal counsel, the officer chooses not to provide a statement or write a report, neither the officer nor their attorney will be permitted to view the video. The decision to allow the officer and their attorney to view video will rest with the independent investigative authority, i.e., MN BCA and/or the authority given by law to a court to try cases and rule on legal matters. 25 8 Audit Law enforcement agencies are required to conduct an independent biennial audit of portable recording system data. The results are public, unless otherwise classified under the Minnesota Government Data Practices Act (MGDPA). In cities, the city council determines whether the law enforcement agency is complying with the law. If not, the city council can order additional independent audits. A summary report must be provided to the Legislative Committee on Data Practices and Personal Data Privacy within 60 days following completion of the audit. If the city council finds that there is a pattern of substantial noncompliance, it must suspend the use of portable recording systems until the city council reinstates their use. Suspension can only happen after providing the law enforcement agency and the public a reasonable opportunity to respond to the audit findings in a public meeting. State statute does not specify what makes the audit “independent.” This is a similar auditing requirement that is in the automated license plate reader (ALPR) statute, so we could rely on their ALPR auditing practices. For further guidance, we will consult with our city attorney. Tri-City Body Cam Workgroup A Tri-City Body Camera Workgroup was convened to review current police policies and protocols, best practices and trends, and policy development in order to present recommendations to the Chief of Police for the drafting of a BWC policy. The group was made up of appointed residents and City Council liaisons from St. Anthony, Falcon Heights, and Lauderdale. The group met on a monthly basis from January through April, during which a BWC draft policy was reviewed and considered. The meetings were facilitated by Burnsville Police Chief Eric Gieseke, who was able to provide his vast base of knowledge and experience, as his police department was one of the first police agencies to bring BWC technology to Minnesota back in 2010. The group received information presented by outside subject matter experts: • Current MN State Statutes regarding BWCs (Chief Gieseke/Chief Mangseth) • BWC demonstration (Chief Gieseke and Burnsville PD staff) • MN Data Practices and how MN State Statute deals with information recorded by portable video recording devices (Don Gemberling – MN Data Practices Author) • How outside agencies assist in investigating police critical incidents, including policy considerations reference BWCs (Jeff Hanson – Deputy Superintendent of Investigations, MN BCA) • Technology considerations concerning BWCs, data storage, and redaction (Burnsville PD staff) • IT and back end client considerations pertaining to operating hardware, software, media/data storage and technical support (Terre Heiser – IT Manager, City of Roseville/Metro I-Net. The draft policy was presented to the League of MN Cities legal division, by the St. Anthony Police Chief, for review by a League Attorney, assigned by the League of MN Cities. No changes were recommended. Funding In February, 2017, the St. Anthony Police Department applied for funding under the U.S. Department of Justice, Office of Justice Programs, Bureau of Justice Assistance Body-Worn Camera Policy and Implementation Program. The grant holds a matched funding requirement to assist in purchasing equipment, policy development, training, and other needs related to implementing a BWC program. We were recently notified that we will be awarded funding under this DOJ grant. We will be working through the process of accepting this grant and remain encouraged to begin the implementation process. 26 9 Stakeholders Review There are various organizations that were considered stakeholders in the implementation of a BWC Policy and Implementation Program. All of the identified stakeholder groups were consulted and made aware of our intention to implement a BWC program and our plan to fund such plan. These groups included the St. Anthony-New Brighton School District, Law Enforcement Labor Services, The Tri-City Body Camera Workgroup, The Ramsey and Hennepin County Attorney’s Office, The Harriet Tubman Center, the Minnesota Coalition for Battered Women, Hedback, Arendt & Carlson PLLC – (St. Anthony City Attorney), Hughes & Joseph Attorneys at Law – (Falcon Heights/Lauderdale City Attorney), and the National Alliance on Mental Illness. They provided letters of support for the program and offered the following interests and concerns: • St. Anthony-New Brighton School District: “We think body-cameras help reduce officer misconduct complaints and instill trust in our officers.” • Law Enforcement Labor Services: “We believe that body-worn cameras have the potential to significantly increase trust between law enforcement agencies and the communities they serve. St. Anthony is no exception.” • Tri-City Body Camera Workgroup: “We are aware that recent studies have shown that body- worn cameras have led to an increase in community trust and transparency, have reduced the number of officer complaints, increased the credibility and ease of evidence collection, and we expect these same types of results in our communities as well.” • Ramsey County Attorney’s Office: “...our office is...anticipating them to be a significant tool in our duties as prosecuting attorneys. We see them as a vital resource in our office’s charging and prosecuting decision-making process, including value as a potential evidence source for trial.” They also spoke about the reduction in officer complaints and an increase in community trust that BWCs will bring. • Harriet Tubman Center: They recognize the trust and transparency that a BWC program brings. However, they stated, “We have some concerns about the use of body-cameras in particular as it relates to officers wearing body-cameras when entering one of our domestic abuse shelters. Maintaining the confidentiality and safety of victims and bystanders is a core value of ours that cannot be compromised.” • Minnesota Coalition for Battered Women: “MCBW believes that law enforcement’s use of body cameras can be a helpful tool in increasing law enforcement’s transparency with the public. We also have concerns about how individual department’s policies can impact the privacy of victims in their homes and in public.” • Hedback, Arendt & Carlson PLLC: Similar to the Ramsey County Attorney’s statement. • Hughes & Joseph: Trust and transparency, reduction of officer misconduct complaints, and as an evidence collection tool. • National Alliance on Mental Illness: “Their [body-worn camera] use is beneficial in terms of transparency and accountability by police, but can be problematic in terms of personal privacy. NAMI Minnesota advocates policies that protect the privacy of someone experiencing a mental illness crisis. 27 10 Training All users of the BWC and MVR systems, along with supervisors, will all receive instruction prior to the approved technology being deployed in the field. This training shall be documented by the Supervisor in charge of training. Two members of the department will be identified to receive additional instruction, by the technology manufacturer, to become staff trainers for the BWC technology that is adopted by the police department. Conclusion The officers and staff of the St. Anthony Police Department are excited to begin the process of implementing BWC technology. Used in conjunction with our Panasonic “in squad cameras” and system cameras, installed in booking and processing areas, we will have full system compatibility and continuity with regard to officer/citizen contacts. Due to inevitable improvements in technology, along with additional changes due to case law, the police department will continually strive to ensure we are following best practices Upon adoption of BWC policy, we will offer the final draft to mentioned stakeholder groups in an effort to find the best balance in meeting the varying needs of the community we serve, while holding to the spirit of the legislation that became effective August 1st, 2016. 28 Appendix A *St. Anthony Police Department Principles and Practices Manual 30-0 Portable Audio/Video Recorders 30-1 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 St. Anthony Police Department facility, undercover operations, wiretaps or eavesdropping (concealed listening devices) unless captured by a portable recording system. 30-1-1 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. 30-2 POLICY The St. Anthony 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. 30-2-1 MOBILE VIDEO RECORDER OBJECTIVES The St. Anthony Police Department has adopted the use of portable audio/video recorders to accomplish the following objectives: (a) To enhance officer safety. (b) To document statements and events during the course of an incident. (c) To enhance the officer's ability to document and review statements and actions for both internal reporting requirements and for courtroom preparation/presentation. (d) To preserve audio and visual information for use in current and future investigations. (e) To provide a tool for self-critique and field evaluation during officer training. (f) To enhance the public trust by preserving factual representations of officer-citizen interactions in the form of audio-video recordings. (g) To assist with the defense of civil actions against law enforcement officers and the City of St. Anthony. (h) To assist with the training and evaluation of officers. 30-3 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 29 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 should 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. 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. 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. 30-3-1 SPARE DEVICES When using a spare device, or one that is not assigned to the member, it is the member's responsibility to notify the supervisor on duty of the reason they are unable to use their issued equipment. In addition, it is the member's responsibility to notify the Records Supervisor to ensure the evidence that was recorded on that device can be reassigned to the recording member in the Back End Client software. 30-4 SUPERVISOR RESPONSIBILITIES Supervisors shall ensure officers are using their portable audio/video recorders per policy. Supervisors should determine corrective action for non-functioning portable audio/video recorders. When an incident arises that requires the immediate retrieval of the recorded media (e.g., serious crime scenes, peace officer-involved shootings, department-involved collisions), a supervisor shall ensure that the portable audio/video recorders are properly uploaded. 30-5 ADMINISTRATOR RESPONSIBILITIES The portable audio/video recorder administrator (designated personnel authorized by the Chief of Police) are responsible for deleting media: (a) Pursuant to a court order. (b) In accordance with established records retention policies, including reissuing all other media deemed to be of no evidentiary value. (c) In instances where privacy issues are noted and no evidentiary value exists. (d) Ordering, issuing, retrieving and storing all portable audio/video recorders. (e) Logs reflecting portable audio/video recorder assignments, serial number, the date it was issued, and the officer to which it was issued. 30 30-6 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 (Services Manager) should work with the Custodian of Records (Records Supervisor) 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 Standards of Conduct Policy, Principles 2 and 8, and the Maintenance and Disclosure of Data Policy 13-7) (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 SAPD 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. (e) Establishing an inventory of portable recorders including: 1. Total number of devices owned or maintained by the St. Anthony 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 St. Anthony 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 St. Anthony Police Department that expands the type or scope of surveillance capabilities of the department’s portable recorders. 30-7 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 the Hennepin County or Ramsey County Communications Dispatch Centers. (d) Any other contact that becomes adversarial after the initial contact in a situation that would not otherwise require recording. 31 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. 30-7-1 CESSATION OF RECORDING Once activated, the portable recorder should usually 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 temporarily ceased or the audio muted to exchange information with other officers, legal counsel, or the lens obstructed in order to avoid capturing images of undercover officers, informants, or citizens where based on training and experience, in the judgement of the officer a recording would not be appropriate or consistent with this policy. The reason to cease and resume recording (or to mute audio or obstruct the lens) will be noted by the officer either verbally on the portable audio/video recorder or in a written report. Recording may be stopped during significant periods of inactivity such as report writing or other breaks from direct participation in the incident. Formal statements recorded on portable audio/video recorders shall be recorded as separate recordings. Recordings shall be categorized, titled and identified in accordance with established policies and procedures. 30-7-2 WHEN ACTIVATION IS NOT REQUIRED Activation of the portable audio/video recorder system is not required: (a) During encounters with undercover officers or informants. (b) When an officer is on break or is otherwise engaged in personal activities. (c) In any location where individuals have a reasonable expectation of privacy, such as a restroom, locker room or break room. (d) When not in service or actively on patrol. 30-7-3 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). 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. 32 Members shall not surreptitiously record another department member without a court order unless lawfully authorized by the Chief of Police or the authorized designee. 30-8 REVIEW OF RECORDED MEDIA FILES When preparing written reports, members are permitted to review their recordings as a resource (See the Officer-Involved Shootings and Deaths Policy 9-28 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. (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 8-1. Officers shall document in the Post Note field of the Back End Client software the purpose for accessing any recorded file. This documentation is to clarify the reason for viewing the recording when developing the audit trail. All recordings should be reviewed by the Custodian of Records (Records Supervisor) prior to public release (See the Records Maintenance and Release Policy 8-1). 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). 30-9 RECORDING MEDIA STORAGE AND INTEGRITY At the end of their shift, officers shall place the portable audio/video recorder into the docking station. This will allow the data to be transferred from the audio/video recorder through the docking station to Arbitrator Back End Client. The data is considered impounded at this point and the portable audio/video recorder is cleared of existing data. The portable audio/video recorder should not be removed from the docking station until the data has been uploaded and the battery has been fully recharged. 30-9-1 COPIES OF RECORDING MEDIA Evidentiary copies of digital recordings will be accessed and copied from the Back End Client software for official law enforcement purposes only. Access rights may be given to the Hennepin County Attorney, Ramsey County Attorney, St. Anthony, Lauderdale and Falcon Heights City Attorney’s, or other prosecutorial agencies associated with any future prosecution arising from an incident in which the portable audio/video recorder was utilized. 33 Officers shall ensure relevant recordings are preserved. Officers or portable audio/video recorder administrators may prevent automatic deletion by changing the category of the media at any time prior to deletion. 30-10 SYSTEM OPERATIONAL STANDARDS (a) Portable audio/video recorder system use should be based on officer safety requirements and device manufacturer recommendations. (b) The portable audio/video recorder system should be configured to minimally buffer for 30 seconds prior to activation. (c) For each digital recording, officers shall select the proper category. Members shall enter the 8- digit case file number or the full citation number and descriptive title. The title should clearly describe the nature of the recording. For example: 1. Initial Contact (if use of force was used, add UOF) 2. Booking 3. Transport (if The Wrap was used, add Wrap) 4. Impound 5. Narr (narrative report) 6. IC Jane Doe (implied consent) 7. SS John Doe (suspect statement) 8. VS Jane Doe (victim statement) 9. WS Jane Doe (witness statement) 10. Telephone Call with John Doe (d) Digital recordings shall be retained according to the Department's retention schedule or as required by the rules of evidence, unless a specific request is made to store them for a longer period of time by an authorized person. (e) Members shall not attempt to delete, alter, reuse, modify or tamper with portable audio/video recorder systems or recordings. 30-11 CLASSIFICATION OF MVR DATA Nothing in this policy shall be interpreted as changing the underlying classification of data collected by portable audio/video recorder systems. The classification of data collected by portable audio/ video recorder systems will need to be determined on a case-by-case basis upon application and interpretation of the MGDPA and other laws. 30-12 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 without the express consent of the on duty supervisor or OIC. Any member who uses a personally owned recorder for department-related activities shall comply with the provisions of this policy, including retention and 34 release requirements and should notify the on-duty supervisor of such use as soon as reasonably practicable. Recordings shall not be used by any member for the purpose of embarrassment, harassment or ridicule. 30-13 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, except as provided in accordance with the Minnesota Data Practices Act. If an individual captured in a recording submits a written request, the recording may be retained for an additional time period. The coordinator should be responsible for notifying the individual prior to destruction of the recording (Minn. Stat. § 13.825). 30-13-1 RELEASE OF AUDIO/VIDEO RECORDINGS Requests for the release of audio/video recordings shall be processed in accordance with the Records Maintenance and Release and Disclosure of Data Policies. 30-13-2 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 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. 30-14 ACCOUNTABILITY Any member who accesses or releases recordings without authorization may be subject to discipline (See the Standards of Conduct Policy 4-0, Principle 2 and 8 and the Maintenance and Disclosure of Data Policy 13-7) (Minn. Stat. §626.8473). 30-15 SANCTIONS FOR MISUSE OF RECORDED MEDIA Any member misusing recorded media for other than official law enforcement purposes will be subject to disciplinary action. The Chief of Police, or designee, shall meet with the person who is alleged to have violated the policy and determine appropriate sanctions, which may include any or all of the standard discipline policies currently in place at the St. Anthony Police Department including verbal reprimand, written reprimand, suspension or termination. Intentional misuse of recorded media is a serious violation. If criminal behavior is believed to have occurred, appropriate agencies will be notified for further investigation. The specific situation in each case of misuse of recorded media will be looked at with all circumstances considered when determining disciplinary actions. Consideration will be given to the extent of the loss or injury to the system, agency, or other person upon release or disclosure of sensitive or classified information to an unauthorized individual. 35 30-16 TRAINING Users of the MVR systems and supervisors shall successfully complete an approved course of instruction prior to being deployed. This training shall be documented by the Supervisor in charge of training. Appendix B 36 SAPD Policy 9-28 (Officer-Involved Shootings and Deaths), Interviews, places limitations on an officer’s ability to view recordings prior to offering a statement or writing a report. Policy falls in line with the MN BCA policy regarding the investigation of an officer-involved shooting. • When an Investigative Agent is taking a statement from a St. Anthony Police Officer who used or attempted to use deadly force in a critical incident and the incident is captured on video or audio recordings, the following process should normally take place: I. The peace officer will be requested to provide a voluntary interview of the facts and circumstances surrounding the incident. II. Neither the officer nor their attorney will be permitted to view the video prior to providing a voluntary statement. However, a peace officer may view the video following the voluntary interview if they request to do so to assist in clarifying any portion of their statement. The viewing of the video will be limited to the incident captured on the officer’s own dash camera or BWC. III. If the peace officer requests to view the video, they will be afforded an opportunity to do so at the conclusion of the voluntary statement. The Investigative Agent should make arrangements to show the video as soon as feasible following the statement. Investigative personnel should be present for the viewing of the video and the officer’s legal representation may be present as well. No other persons, other than people needed for technical assistance, should be present for the viewing of this video. IV. If multiple cameras from other sources captured the incident, the Investigative Agent shall determine if additional video should be shown to the involved officer on a case by case basis. V. At the conclusion of the viewing of this video, the peace officer shall be afforded the opportunity to consult privately with their attorney. VI. Once such consultation has occurred, the Investigative Agent shall provide an opportunity to the involved peace officer to clarify any portions of their statement after viewing the video. Appendix C M.S.S. 626.8473 PORTABLE RECORDING SYSTEMS ADOPTION; WRITTEN POLICY REQUIRED. * 37 Subdivision 1. Definition. As used in this section, "portable recording system" has the meaning provided in section 13.825, subdivision 1. Subd. 2. Public comment. A local law enforcement agency must provide an opportunity for public comment before it purchases or implements a portable recording system. At a minimum, the agency must accept public comments submitted electronically or by mail, and the governing body with jurisdiction over the budget of the law enforcement agency must provide an opportunity for public comment at a regularly scheduled meeting. Subd. 3. Written policies and procedures required. (a) The chief officer of every state and local law enforcement agency that uses or proposes to use a portable recording system must establish and enforce a written policy governing its use. In developing and adopting the policy, the law enforcement agency must provide for public comment and input as provided in subdivision 2. Use of a portable recording system without adoption of a written policy meeting the requirements of this section is prohibited. The written policy must be posted on the agency's Web site, if the agency has a Web site. (b) At a minimum, the written policy must incorporate the following: (1) the requirements of section 13.825 and other data classifications, access procedures, retention policies, and data security safeguards that, at a minimum, meet the requirements of chapter 13 and other applicable law; (2) procedures for testing the portable recording system to ensure adequate functioning; (3) procedures to address a system malfunction or failure, including requirements for documentation by the officer using the system at the time of a malfunction or failure; (4) circumstances under which recording is mandatory, prohibited, or at the discretion of the officer using the system; (5) circumstances under which a data subject must be given notice of a recording; (6) circumstances under which a recording may be ended while an investigation, response, or incident is ongoing; (7) procedures for the secure storage of portable recording system data and the creation of backup copies of the data; and (8) procedures to ensure compliance and address violations of the policy, which must include, at a minimum, supervisory or internal audits and reviews, and the employee discipline standards for unauthorized access to data contained in section 13.09. Appendix D M.S.S. 13.825 PORTABLE RECORDING SYSTEMS. 38 Subdivision 1. Application; definition. (a) This section applies to law enforcement agencies that maintain a portable recording system for use in investigations, or in response to emergencies, incidents, and requests for service. (b) As used in this section: (1) "portable recording system" means a device worn by a peace officer that is capable of both video and audio recording of the officer's activities and interactions with others or collecting digital multimedia evidence as part of an investigation; (2) "portable recording system data" means audio or video data collected by a portable recording system; and (3) "redact" means to blur video or distort audio so that the identity of the subject in a recording is obscured sufficiently to render the subject unidentifiable. Sud. 2. Data classification; court-authorized disclosure. (a) Data collected by a portable recording system are private data on individuals or nonpublic data, subject to the following: (1) data that document the discharge of a firearm by a peace officer in the course of duty, if a notice is required under section 626.553, subdivision 2, or the use of force by a peace officer that results in substantial bodily harm, as defined in section 609.02, subdivision 7a, are public; (2) data are public if a subject of the data requests it be made accessible to the public, except that, if practicable, (i) data on a subject who is not a peace officer and who does not consent to the release must be redacted, and (ii) data on a peace officer whose identity is protected under section 13.82, subdivision 17, clause (a), must be redacted; (3) portable recording system data that are active criminal investigative data are governed by section 13.82, subdivision 7, and portable recording system data that are inactive criminal investigative data are governed by this section; (4) portable recording system data that are public personnel data under section 13.43, subdivision 2, clause (5), are public; and (5) data that are not public data under other provisions of this chapter retain that classification. (b) A law enforcement agency may redact or withhold access to portions of data that are public under this subdivision if those portions of data are clearly offensive to common sensibilities. (c) Section 13.04, subdivision 2, does not apply to collection of data classified by this subdivision. (d) Any person may bring an action in the district court located in the county where portable recording system data are being maintained to authorize disclosure of data that are private or nonpublic under 39 this section or to challenge a determination under paragraph (b) to redact or withhold access to portions of data because the data are clearly offensive to common sensibilities. The person bringing the action must give notice of the action to the law enforcement agency and subjects of the data, if known. The law enforcement agency must give notice to other subjects of the data, if known, who did not receive the notice from the person bringing the action. The court may order that all or part of the data be released to the public or to the person bringing the action. In making this determination, the court shall consider whether the benefit to the person bringing the action or to the public outweighs any harm to the public, to the law enforcement agency, or to a subject of the data and, if the action is challenging a determination under paragraph (b), whether the data are clearly offensive to common sensibilities. The data in dispute must be examined by the court in camera. This paragraph does not affect the right of a defendant in a criminal proceeding to obtain access to portable recording system data under the Rules of Criminal Procedure. Subd. 3. Retention of data. (a) Portable recording system data that are not active or inactive criminal investigative data and are not described in paragraph (b) must be maintained for at least 90 days and destroyed according to the agency's records retention schedule approved pursuant to section 138.17. (b) Portable recording system data must be maintained for at least one year and destroyed according to the agency's records retention schedule approved pursuant to section 138.17 if: (1) the data document (i) the discharge of a firearm by a peace officer in the course of duty if a notice is required under section 626.553, subdivision 2, or (ii) the use of force by a peace officer that results in substantial bodily harm; or (2) a formal complaint is made against a peace officer related to the incident. (c) If a subject of the data submits a written request to the law enforcement agency to retain the recording beyond the applicable retention period for possible evidentiary or exculpatory use related to the circumstances under which the data were collected, the law enforcement agency shall retain the recording for an additional time period requested by the subject of up to 180 days and notify the requester that the recording will then be destroyed unless a new request is made under this paragraph. (d) Notwithstanding paragraph (b) or (c), a government entity may retain a recording for as long as reasonably necessary for possible evidentiary or exculpatory use related to the incident with respect to which the data were collected. Subd. 4. Access by data subjects. (a) For purposes of this chapter, a portable recording system data subject includes the peace officer who collected the data, and any other individual or entity, including any other peace officer, regardless of whether the officer is or can be identified by the recording, whose image or voice is documented in the data. (b) An individual who is the subject of portable recording system data has access to the data, including data on other individuals who are the subject of the recording. If the individual requests a copy of the 40 recording, data on other individuals who do not consent to its release must be redacted from the copy. The identity and activities of an on-duty peace officer engaged in an investigation or response to an emergency, incident, or request for service may not be redacted, unless the officer's identity is subject to protection under section 13.82, subdivision 17, clause (a). Subd. 5. Inventory of portable recording system technology. A law enforcement agency that uses a portable recording system must maintain the following information, which is public data: (1) the total number of recording devices owned or maintained by the agency; (2) a daily record of the total number of recording devices actually deployed and used by officers and, if applicable, the precincts in which they were used; (3) the policies and procedures for use of portable recording systems required by section 626.8473; and (4) the total amount of recorded audio and video data collected by the portable recording system and maintained by the agency, the agency's retention schedule for the data, and the agency's procedures for destruction of the data. Subd. 6. Use of agency-issued portable recording systems. While on duty, a peace officer may only use a portable recording system issued and maintained by the officer's agency in documenting the officer's activities. Subd. 7. Authorization to access data. (a) A law enforcement agency must comply with sections 13.05, subdivision 5, and 13.055 in the operation of portable recording systems and in maintaining portable recording system data. (b) The responsible authority for a law enforcement agency must establish written procedures to ensure that law enforcement personnel have access to the portable recording system data that are not public only if authorized in writing by the chief of police, sheriff, or head of the law enforcement agency, or their designee, to obtain access to the data for a legitimate, specified law enforcement purpose. Subd. 8. Sharing among agencies. (a) Portable recording system data that are not public may only be shared with or disseminated to another law enforcement agency, a government entity, or a federal agency upon meeting the standards for requesting access to data as provided in subdivision 7. (b) If data collected by a portable recording system are shared with another state or local law enforcement agency under this subdivision, the agency that receives the data must comply with all data classification, destruction, and security requirements of this section. 41 (c) Portable recording system data may not be shared with, disseminated to, sold to, or traded with any other individual or entity unless explicitly authorized by this section or other applicable law. Subd. 9. Biennial audit. (a) A law enforcement agency must maintain records showing the date and time portable recording system data were collected and the applicable classification of the data. The law enforcement agency shall arrange for an independent, biennial audit of the data to determine whether data are appropriately classified according to this section, how the data are used, and whether the data are destroyed as required under this section, and to verify compliance with subdivisions 7 and 8. If the governing body with jurisdiction over the budget of the agency determines that the agency is not complying with this section or other applicable law, the governing body may order additional independent audits. Data in the records required under this paragraph are classified as provided in subdivision 2. (b) The results of the audit are public, except for data that are otherwise classified under law. The governing body with jurisdiction over the budget of the law enforcement agency shall review the results of the audit. If the governing body determines that there is a pattern of substantial noncompliance with this section, the governing body must order that operation of all portable recording systems be suspended until the governing body has authorized the agency to reinstate their use. An order of suspension under this paragraph may only be made following review of the results of the audit and review of the applicable provisions of this chapter, and after providing the agency and members of the public a reasonable opportunity to respond to the audit's findings in a public meeting. (c) A report summarizing the results of each audit must be provided to the governing body with jurisdiction over the budget of the law enforcement agency and to the Legislative Commission on Data Practices and Personal Data Privacy no later than 60 days following completion of the audit. Subd. 10. Notification to BCA. Within ten days of obtaining new surveillance technology that expands the type or scope of surveillance capability of a portable recording system device beyond video or audio recording, a law enforcement agency must notify the Bureau of Criminal Apprehension that it has obtained the new surveillance technology. The notice must include a description of the technology and its surveillance capability and intended uses. The notices are accessible to the public and must be available on the bureau's Web site. Subd. 11. Portable recording system vendor. (a) For purposes of this subdivision, "portable recording system vendor" means a person who is not a government entity and who provides services for the creation, collection, retention, maintenance, processing, or dissemination of portable recording system data for a law enforcement agency or other government entity. By providing these services to a government entity, a vendor is subject to all of the requirements of this chapter as if it were a government entity. (b) A portable recording system vendor that stores portable recording system data in the cloud must protect the data in accordance with the security requirements of the United States Federal Bureau of Investigation Criminal Justice Information Services Division Security Policy 5.4 or its successor version. 42 (c) Subject to paragraph (d), in an action against a vendor under section 13.08 for a violation of this chapter, the vendor is liable for presumed damages of $2,500 or actual damages, whichever is greater, and reasonable attorney fees. (d) In an action against a vendor that improperly discloses data made not public by this chapter or any other statute classifying data as not public, the vendor is liable for presumed damages of $10,000 or actual damages, whichever is greater, and reasonable attorney fees. Subd. 12. Penalties for violation. In addition to any other remedies provided by law, in the case of a willful violation of this section a law enforcement agency is subject to exemplary damages of not less than twice the minimum, nor more than twice the maximum allowable for exemplary damages under section 13.08, subdivision 1. 13.08 CIVIL REMEDIES. Subdivision 1.Action for damages. Notwithstanding section 466.03, a responsible authority or government entity which violates any provision of this chapter is liable to a person or representative of a decedent who suffers any damage as a result of the violation, and the person damaged or a representative in the case of private data on decedents or confidential data on decedents may bring an action against the responsible authority or government entity to cover any damages sustained, plus costs and reasonable attorney fees. In the case of a willful violation, the government entity shall, in addition, be liable to exemplary damages of not less than $1,000, nor more than $15,000 for each violation. The state is deemed to have waived any immunity to a cause of action brought under this chapter. 13.09 PENALTIES. (a) Any person who willfully violates the provisions of this chapter or any rules adopted under this chapter or whose conduct constitutes the knowing unauthorized acquisition of not public data, as defined in section 13.055, subdivision 1, is guilty of a misdemeanor. (b) Willful violation of this chapter, including any action subject to a criminal penalty under paragraph (a), by any public employee constitutes just cause for suspension without pay or dismissal of the public employee. Appendix E 43 Retention of Data Classification Definition Retention AOA Footage captured while assisting other agency that may contain evidence 90 days Arrest Custodial Arrest 2 years DWI Arrest for DWI related offense 2 years Emer. Veh. Response Response to CFS that does not result in any other classification 30 days Flee Footage of vehicle refusing to stop 2 years Interview Interview captured on DVR that does not result in any classification 90 days Investigative Community contact of interest; ID poss. suspect; comments required 90 days Narcotics Arrest for a narcotics violation 2 years Test / Accidental Act. System check at beginning of duty tour / Accidental activation 30 days Traffic Citation Traffic Stop resulting in citation issued 180 days Traffic No Citation Traffic stop resulting in no citation issued 30 days Training Event that could assist in dept. trng - viewable to all personnel 90 days Appendix E depicts a non inclusive list of retention periods that are reflective of the requirements found in chapter 13. 44 3301 Silver Lake Road, St. Anthony, Minnesota 55418-1699 Office: (612) 782-3301 • Fax: (612) 782-3302 • www.savmn.com Our Mission is to be a progressive and livable community, a walkable village, which is safe and secure. NOTICE OF PUBLIC HEARING Notice is hereby given that on Tuesday, October 24, 2017, at 7:00 p.m., at City Hall, 3301 Silver Lake Road, the Saint Anthony Police Department and the Saint Anthony Village City Council will hold a public hearing to solicit public comments on adoption of a Body Worn Camera policy. Those persons having an interest in said meeting are encouraged to attend. Public comments will be accepted on the above subject at this meeting. Questions and comments may be submitted to the St. Anthony Police Chief at jon.mangseth@savmn.com 612-782-3366 until the date of the hearing. The City Council agenda and packet items relating to this notice will be made available prior to the meeting online at www.savmn.com Jon Mangseth St. Anthony Police Chief 45 THIS PAGE LEFT INTENTIONALLY BLANK 46 REQUEST FOR COUNCIL CONSIDERATION Report Date: October 24, 2017 Massage License Revocation for Solace and Wellness located at 2500 Hwy 88. REVIEW: In front of you this evening is a resolution to revoke a massage license for Solace and Wellness located at 2500 Hwy 88. Attached is a letter that was sent to the massage license holder from the City Manager. The letter includes the pending revocation issues and right to be heard at tonight’s City Council meeting. As of the time the agenda packet was sent out, the City has not heard from the massage license holder. Pursuant to the City’s authority, including City Code section 111.350 and the City’s general authority to protect the morals, health, safety, and general welfare of the public, City Staff recommends that the Massage Business License for Solace and Wellness be revoked. 47 THIS PAGE LEFT INTENTIONALLY BLANK 48 49 50 51 52 CITY OF ST. ANTHONY VILLAGE STATE OF MINNESOTA RESOLUTION 17-072 A RESOLUTION REVOKING THE MASSAGE LICENSE FOR SOLACE AND WELLNESS LOCATED AT 2500 HWY 88 WHEREAS, the City of St. Anthony issued a massage license for Solace and Wellness on April 11, 2017; and WHEREAS, the City of St. Anthony has significant evidence that the massage business located at 2500 Hwy 88, suites 218 & 219 is operating in a manner inconsistent with City Code and state massage licensing standards. WHEREAS, the City of St. Anthony has notified the massage license holder by US Mail of the pending revocation and right to be heard at the October 24, 2017 City Council meeting in accordance with City Code Section 111.350. NOW, THEREFORE BE IT RESOLVED that the City Council of the City of St. Anthony Village hereby revokes the massage license for Solace and Wellness located at 2500 Hwy 88. Adopted this 24th day of October, 2017. _________________________________________ Jerome O. Faust, Mayor ATTEST:___________________________ Nicole Miller, City Clerk Review for Administration: _______________________________________ Mark Casey, City Manager 53 THIS PAGE LEFT INTENTIONALLY BLANK 54 REQUEST FOR COUNCIL CONSIDERATION Meeting Date: October 24, 2017 Ordinance 2017-03 – Approving Comcast Cable Television Franchise OVERVIEW: In front of you this evening is the third and final reading of an ordinance to approve the renewal of the Comcast cable television franchise along with a resolution approving summary publication of the ordinance. Minnesota Statute 412.191 (4) allows for summary publications in cases where the ordinance publications are lengthy, or ordinances include charts or maps. Following the adoption of the ordinance, and the summary publication, the summary of the ordinance will be published in the November 1, 2017 edition of the St. Anthony Bulletin, which is the official newspaper for the City of St. Anthony. For those interested in viewing the proposed ordinance please contact Nicole Miller, City Clerk at nicole.miler@savmn.com or 612-782-3313. 55 THIS PAGE LEFT INTENTIONALLY BLANK 56 1 CITY OF ST. ANTHONY VILLAGE STATE OF MINNESOTA RESOLUTION 17-073 A RESOLUTION APPROVING SUMMARY PUBLICATION FOR ORDINANCE 2017-03 WHEREAS, the City Council of the City of St. Anthony has adopted the above referenced ordinance; and WHEREAS, Minnesota Statutes, section 412.191, subdivision 4 allows publication by title and summary in the case of lengthy ordinances or those containing maps or charts; and WHEREAS, the City Council believes that the following summary would clearly inform the public of the intent of Ordinance 2017-03. NOW, THEREFORE, BE IT RESOLVED that: the following summary of Ordinance 2017-03 shall be published in the official paper in lieu of the entire ordinance. SUMMARY PUBLICATION Ordinance 2017-03 An Ordinance Approving Comcast Franchise Agreement AN ORDINANCE GRANTING A FRANCHISE TO COMCAST OF MINNESOTA, INC., D/B/A COMCAST TO CONSTRUCT, OPERATE, AND MAINTAIN A CABLE COMMUNICATIONS SYSTEM IN THE CITY OF ST. ANTHONY; SETTING FORTH CONDITIONS ACCOMPANYING THE GRANT OF THE FRANCHISE; PROVIDING FOR REGULATION AND USE OF THE SYSTEM AND THE PUBLIC RIGHTS-OF-WAY IN CONJUNCTION WITH THE CITY’S RIGHT-OF-WAY ORDINANCE, IF ANY, AND PRESCRIBING PENALTIES FOR THE VIOLATION OF THE PROVISIONS HEREIN; The City Council of the City of St. Anthony ordains: STATEMENT OF INTENT AND PURPOSE The City intends, by the adoption of this Franchise, to bring about the further development of a Cable System and the continued operation of it. Such development can contribute significantly to the communication needs and desires of the residents and citizens of the City and the public generally. Further, the City may achieve better utilization and improvement of public services and enhanced economic development with the development and operation of a Cable Communication System. Adoption of this Franchise is, in the judgment of the Council, in the best interests of the City and its residents. 57 2 The specific terms and conditions of the Franchise Ordinance, Sections 1 to 14, and Exhibits are available for review at City Hall, St. Anthony City Hall, 3301 Silver Lake Road, St. Anthony, MN 55418. Adopted this 24th day of October, 2017. _________________________________ Jerome O. Faust, Mayor ATTEST: _________________________ Nicole Miller, City Clerk Reviewed for administration: _________________________________ Mark Casey, City Manager 58 Date Type Staff Present October 30 Special 5:30 p.m. Joint Meeting with School Board City Council City Manager October 30 Special 7:00 p.m.Work Session City Council City Manager November 14 Regular 1st Reading Water, Sewer, Stormwater & 2018 Fee Schedule Canvassing Board-Municipal Election 1st Reading Small Cell Wireless Ordinance City Council City Manager November 28 Regular Planning Commission items from October Fire Prevention Poster Winners 2018 Street Project Approve Plans & Specifications, Authorize Advertisement for Bids 2nd Reading Water, Sewer, Stormwater & 2018 Fee Schedule 2nd Reading Small Cell Wireless Ordinance City Council City Manager Fire Dept City Engineer December 4 Special 7:00 p.m.Work Session - Commission Interviews City Council City Manager December 12 Regular Planning Commission items from November Appoint Parks and Planning Commissioners and Chair/Vice Chairs Setting Salary of City Manager Authorizing Transfers & Closing of Specified Funds Setting the 2018 City & HRA Budgets and Final Property Tax Levy -Public Hearing Final Reading Water, Sewer, Stormwater & 2018 Fee Schedule Final Reading Small Cell Wireless Ordinance City Council City Manager Finance Director December 26 Regular City Council City Manager January 9 Regular Housekeeping Resolutions Resolution for the Street Improvement Bond Reimbursement Quarterly Donations & Grants City Council City Manager January 23 Regular 2018 Parks Commission Work Plan- (motion only) Presentation-Northeast Youth and Family Services Northeast Youth and Family Services Agreement 2018 Street Project Call for Hearing on Improvements, Call for Hearing on Assessments, Order Preparation of Assessments City Council City Manager City Engineer FUTURE COUNCIL AGENDA ITEMS 2018 2017 59 Date Type Staff Present FUTURE COUNCIL AGENDA ITEMS February 13 Regular Planning Commission items from January Ordinance Setting Water & Sewer Rates for 2018 - 1st Reading City Council City Manager February 27 Regular Ordinance Setting Water & Sewer Rates for 2018 - 2nd Reading 2018 Street Project Public Hearing, Order Improvements, Adopt & Confirm Assessments, Award Contract for Construction, Call for Sale of GO Bonds Administration Annual Report City Council City Manager City Engineer March 13 Regular Planning Commission Items from February Liquor Annual Report Fire Annual Report Liquor License Renewals GreenCorp Member application-resolution Ordinance Setting Water & Sewer Rates for 2018 - Final Reading 2018 Planning Commission Work Plan-(motion only) City Council City Manager Fire Dept Liquor Op Manager March 27 Regular 2018 Street Project Call for Sale of Bonds Public Works Annual Report Police Annual Report Order Feasibility Report for 2019 Street Project City Council City Manager Public Works Director Police Dept City Engineer April 10 Regular Planning Commission Items from March Quarterly Donations & Grants City Council City Manager April 24 Regular Arbor Day Proclamation 1st Quarter Goals Update Spirit of St. Anthony Award 2018 Street Project Bond Sale and Award of Bonds City Council City Manager May 8 Regular Planning Commission items from April Public Hearing-Budget Calendar Finance Annual Report Chamber of the Year and Business of the Year City Council City Manager Finance Director May __Special 5:00 p.m.Tour of the City City Council City Manager May 22 Regular Salo Park Concert Series Insurance Renewal Tort Limits - Consent Approval of 2019 Street & Utility Recon Feasibility Study & Order Final Plans and Specs City Council City Manager City Engineer 60 Date Type Staff Present FUTURE COUNCIL AGENDA ITEMS June 12 Regular Planning Commission Items from May City Council City Manager June 26 Regular Audit Presentation City Council City Manager Finance Director July 10 Regular Planning Commission items from June Quarterly Donations & Grants Quarterly Goals Update City Council City Manager July 24 Regular Night to Unite Presentation Night to Unite Proclamation Liquor Operations Mid Year Report VillageFest Presentation City Council City Manager Police Chief Liquor Op Mgr August 14 Regular 7:00 p.m. Planning Commission items from July SANB #282 Presentation City Council City Manager August 28 Regular Budget Presentation City Council City Manager Finance Director September 11 Regular Planning Commission items from August Commissioner Mary Jo McGuire 2019 Preliminary Operating Budget and Levy-Public Hearing Kiwanis Peanut Day City Council City Manager Finance Director September 25 Regular Fire Prevention Presentation City Council City Manager Fire Dept October 9 Regular Planning Commission items from September Quarterly Donations & Grants Certification of Delinquent Utility Accounts-Consent Agenda Certification of Delinquent Waste Hauler Accounts-Consent Agenda City Council City Manager October 23 Regular City Council City Manager 61