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HomeMy WebLinkAbout2018/09/04 - ADMIN - Minutes - City Council - RegularIffSt. Louis Park Official minutes M I N N E S 0 T A City council meeting 6,r�crienu: LIFE in 4he Park. St. Louis Park, Minnesota September 4, 2018 Call to order Mayor Spano called the meeting to order at 7:30 p.m. Councilmembers present: Mayor Jake Spano, Tim Brausen, Steve Hallfin, Rachel Harris, Anne Mavity, Thom Miller, and Margaret Rog. Councilmembers absent: None. Staff present: City Manager (Mr. Harmening), City Attorney (Mr. Mattick), Police Chief Harcey, Deputy Chief Kraayenbrink, Engineering Director (Ms. Heiser), Traffic Coordinator (Mr. Manibog), Management Assistant (Ms. Carrillo Perez), and Recording Secretary (Ms. Papas). Guests: Meg McCormick, Best Friends Animal Society Day Representative. 1a. Pledge of allegiance 1b. Roll call Presentations 2a. Best Friends Animal Society Day/Twin Cities Strut Your Mutt Proclamation Mayor Spano read a proclamation declaring September 29, 2018 as Animal Society's Best Friends Day and recognized the Twin Cities Strut your Mutt event. This event will raise awareness for adopting animals from shelters and the humane society and will be held at Wolfe Park. Meg McCormick was in attendance to accept the proclamation. 2b. Recognition of donations Mayor Spano announced and expressed thanks for recent donations on behalf of the council: Government Alliance on Race & Equity—will pay travel expenses for Mayor Spano to attend the GARE speaker series in Oakland, CA on September 13, 2018. International Society of Aboriculture — donated up to $2,000 for city natural resources coordinator, Jim Vaughn, to attend the 2018 ISA leadership workshop in Champaign, IL, October 21-25, 2018. 3. Approval of minutes 3a. Study session minutes July 9, 2018 It was moved by Councilmember Rog, seconded by Councilmember Harris, to approve the July 9, 2018 Study Session Meeting Minutes as presented. City Council Meeting -2- September 4, 2018 The motion passed 7-0. 3b. Special city council minutes of July 9, 2018 It was moved by Councilmember Movity, seconded by Councilmember Hallfin, to approve the July 9, 2018 Special City Council Meeting Minutes as presented. The motion passed 7-0. 3c. City council minutes of July 16, 2018 It was moved by Councilmember Rog, seconded by Councilmember Miller, to approve the July 16, City Council Meeting Minutes as presented. The motion passed 7-0. 3d. Study session minutes of July 23, 2018 It was moved by Councilmember Miller, seconded by Councilmember Hallfin, to approve the July 23, 2018 Study Session Meeting Minutes as presented. The motion passed 7-0. 4. Approval of agenda and items on consent calendar 4a. Accept for filing city disbursement claims for the period of July 30, through August 24, 2018. 4b. Adopt Resolution No. 18-127 approving acceptance of a donation from GARE for all travel expenses related to Mayor Jake Spano's attendance at the GARE Advancing Racial Equity Speaker Series. 4c. Adopt Resolution No. 18-128 approving deferral of special assessment —7318 22nd St. W. #314, St. Louis Park, MN 55426. 4d. Adopt Resolution No. 18-129 authorizing a 20 -mph school zone speed limit on Lake Street from Alabama Avenue to Zarthan Avenue. 4e. Adopt Resolution No. 18-130 authorizing a 20 -mph school zone speed limit on Joppa Avenue from W. 28th Street to Sunset Boulevard. 4f. Adopt Resolution No. 18-131 approving acceptance of a monetary donation from the International Society of Arboriculture (ISA) in an amount not to exceed $2,000 for all related expenses for Jim Vaughan, Natural Resources Coordinator, to attend the 2018 International Society of Arboriculture Leadership workshop in Champaign, Illinois. 4g. Adopt Resolution No. 18-132 authorizing the city to enter into an agreement with the Minnesota Department of Transportation (MnDOT) for the ramp signals at Wooddale Avenue and Highway 7 (MnDOT Agreement No. 1028711). 4h. Authorize the mayor and city manager to execute the assignment and assumption of the shared parking agreement for a city parking lot located at 2914 Inglewood Ave. S. 4i. Approve for filing planning commission meeting minutes of July 18, 2018. City Council Meeting -3- September 4, 2018 It was moved by Councilmember Mavity, seconded by Councilmember Brausen, to approve the agenda as presented and items listed on the consent calendar; and to waive reading of all resolutions and ordinances. The motion passed 7-0. 5. Boards and commissions Sa. Appointment of youth representative to boards and commissions. It was moved by Councilmember Brausen, seconded by Councilmember Rog, to reappoint Alanna Franklin to the Planning Commission as youth member for a one-year term ending on August 31, 2019. The motion passed 7-0. 6. Public hearings — none Requests, petitions, and communications from the public — none 8. Resolutions, ordinances, motions and discussion items 8a. Traffic Study No. 696: Authorize installation of parking restrictions on Gorham Avenue at Library Lane. Resolution No. 18-133. Mr. Manibog presented the staff report. He noted the traffic committee discussed a request received in April, 2018 recommending additional parking restrictions to ensure safe vehicle passage on Gorham Avenue at Library Lane. Councilmember Harris asked if there is adequate parking for the businesses nearby and was there a traffic study conducted on the street to see where parking is needed. Mr. Manibog stated staff worked with community development and found this change would not affect the businesses' ability to park. It was moved by Councilmember Harris, seconded by Councilmember Brausen, to adopt Resolution No. 18-133, to install parking restrictions on Gorham Avenue at Library Lane. The motion passed 7-0. 8b. Body -worn cameras. Resolution No. 18-134. Police Chief Harcey presented the staff report, noting the updated draft policy. Councilmember Mavity stated she appreciated this updated draft policy and reviewed it in great detail, adding in several meetings over the last year and a half, the council has learned much about policing in St. Louis Park and appreciates the work the police do to keep the community safe and a great place to live. City Council Meeting -4- September 4, 2018 Councilmember Mavity stated she will be proposing an amendment to the policy, to better reflect public purposes of the policy, adding should this be adopted, she will bring forward a resolution, which she will present this evening. Councilmember Mavity stated she is very proud of the police department and the city's community policing approach, noting that the effort to build trust in the community is the city's greatest strength and best strategy we have for mitigating any critical incidents that might occur. She added this also ensures the public trust as well. The police do a wonderful job to foster a safe and secure community for all residents. Councilmember Mavity stated the city needs a body worn camera (BWC) policy. She stated she does support moving forward and beginning a trial to test BWC, in order to keep pace with the community at -large and expectations. Councilmember Mavity stated the expectation of always being recorded while on the job is a heavy lift, but added she knows this is now a growing expectation of our officers and she wanted to acknowledge this, adding this is asking a lot of officers. She also appreciates the police department's willingness to work on this with an open mind. Councilmember Mavity stated the policy is well laid out, but noted a couple specific amendments she would like to propose. She referenced the portion which explains allowing for transparency and accountability in policing, and stated she would like to add to this, "and protect the civil rights of community members'. She would also propose to remove the words "and privacy", as it is addressed elsewhere in the policy. She added this is repeated in the objectives portion of the policy, and she proposed deleting "and privacy" again as it is addressed elsewhere, adding that this is really being done to protect the civil rights of the community. Councilmember Mavity stated these are different purposes and she wants to be sure all are in agreement on this. She noted also the portion of the policy as it relates to officer discretion in the turning on and off of the camera. Councilmember Mavity stated her preference is the policy have more direction to officers to have cameras on more of the time, stating this builds transparency and clarity with the community, but also protects the officers from having to use discretion, particularly in moments of critical incident. She stated she would like to remove "discretion;' however, she would be fine with going with the policy as written at this time, and then would appreciate having a trial period to review and test this. She noted in Minneapolis and St. Paul, and in other cities across the nation, it is generally directed that officers have cameras on most of the time, and have less discretion. She reiterated this is both for officer protection, as well as the public. Councilmember Mavity noted she has two questions about the policy, one related to administrative access to video footage in section E. She noted it is unclear when access is granted during an active investigation. She stated the meaning of the section as written and the actual intent may be different and it needs clarification. City Council Meeting -5- September 4, 2018 Councilmember Mavity also noted in section G, in "other authorized disclosure of data" she would like clarification about the mayor releasing data for public transparency reasons, and if the policy will allow for that. Chief Harcey stated he will review the verbiage and tense use in the draft policy, related to viewing and releasing data. He added the release of certain data by a city requires authorization regardless of the policy. Mayor Spano clarified in St. Louis Park, Mr. Harmening has authority to release data to the community. Councilmember Rog stated she appreciated the revisions made over time; however, she will not support the policy as written. She stated it does not embody the progressive values this council and residents represent and have come to expect at this time. She stated the city's racial equity commitment, climate action plan, and ranked -choice voting initiative all embody the city's progressive mind -set that she does not see in this policy around policing. She added if there was more time, council might consider including language that acknowledges the history of over -policing in black neighborhoods and the concerns about surveillance that history has created as well as how our policy addresses this. Councilmember Rog called out four areas of concern: allowing officers to view video before writing reports, chief's unlimited authority to delete files without specifying in the policy when that is and is not allowed, reports on compliance and reporting that should be written into the policy, which she acknowledged are included in the resolution being proposed by Councilmember Mavity tonight, and concerns around use in schools that warrants further input from students and families. Councilmember Rog acknowledged the work that has gone into the policy by the team, adding she wants to make clear her concerns do not reflect any mistrust of the St. Louis Park police, or the chief, whom she respects very much. She does, however, agree with the ACLU, as it relates to the checks and balances with officers using BWC. Councilmember Miller stated he supports the resolution and has been a proponent of BWC. He noted the council asked the police to come up with recommendations for the policy three years ago, adding it is not the police who are coming to the council on this. Councilmember Miller noted his areas of concern include officers viewing recordings before writing reports, discretion on turning cameras on and off, latitude the chief has in making changes, and school resource officers. He stated these are all areas that need further discussion, but he wants to move forward with the policy, adding he trusts the police and staff leaders, and wants to give Chief Harcey and his team latitude. He added the force has not given him any reason to question their decisions on this policy, while the PAC, MAC, and HRC have all reviewed and are in agreement on the policy. Councilmember Brausen thanked the chief for the report and noted he approves of the changes Councilmember Mavity is proposing. He also stated philosophically he is City Council Meeting -6- September 4, 2018 opposed to the policy, as the city's police have been exemplary and this is not needed, the cost is high, and he does not like the "big brother" feel of it. He stated there has been a lot of public input, along with the commission's favorable reviews on the policy, so he will reluctantly support the policy as revised. He stated he trusts the city officers and wants to give them the tools they need to do their job. Councilmember Harris thanked the chief, adding she appreciates the public feedback. She stated the police in St. Louis Park are highly regarded and the structure of community policing is proactive, adding that BWC is another tool for police to do their job. She noted in her talks with community members, some were asking about this timeframe and why this needs to be done now. Additionally, she noted the compliance piece should be added to the policy, as well as some public suggestions that were not included in the language. Councilmember Harris stated she does trust the police force and this is a starting point. She also stated she would like to see suggestions added related to editing footage and a second reviewer in a forceful arrest or critical incident, or if the conduct of the officer is in question. Councilmember Hallfin stated he is in agreement with the policy. He agrees this policy will work for St. Louis Park, adding we will have the ability to change it or make corrections if it is not working. Mayor Spano stated he agrees with and will support the policy. He stated the council raised this issue with the police department in 2015, and it has been discussed and reviewed, while gathering more input, and learning from other jurisdictions. He appreciates the clarity about when to turn cameras on and off, and also appreciates the school board and superintendent's approval as well. He stated BWC is one piece of the puzzle, and will allow officers to gather another piece of data they can use. Mayor Spano stated he trusts the police force and is proud of the work they do. He also stated he is supportive of Councilmember Mavity's suggested changes. It was moved by Councilmember Mavity, seconded by Councilmember Miller, to affirm the body -worn camera policy with the following amendments: "Purpose" "C" should read "Allow for transparency and accountability in policing and protect the civil rights of the community". "Objectives" "H" should read "to protect the civil rights of the community". The motion passed 6-1 (Councilmember Rog opposed). Councilmember Mavity also proposed a resolution related to the BWC policy. She stated the reason for a separate resolution is to direct the city manager to give a report to the council on the police department's use of BWC. The resolution was added into the record by Councilmember Mavity. It was moved by Councilmember Mavity, seconded by Councilmember Brausen, to adopt Resolution No. 18-134, prescribing the reporting requirements of the city manager to the city council regarding the St. Louis Park police department's use of body worn cameras. City Council Meeting -7- September 4, 2018 The motion passed 7-0. 9. Communications — none 10. Adjournment The meeting adjourned at 8:25 p