2023-09-19 CC Minutes - work sessionCITY OF MENDOTA HEIGHTS
DAKOTA COUNTY
STATE OF MINNESOTA
Minutes of the City Council Work Session
Tuesday, September 19, 2023
CALL TO ORDER
Mayor Levine
called
the work session to order at
5:00
p.m.
Councilmembers Lorberbaum,
Mazzitello, and
Paper
were present. Councilmember
Miller
was
absent.
Staff in attendance included City Administrator Cheryl Jacobson, Police Chief Kelly McCarthy,
Public Works Director Ryan Ruzek, Assistant City Administrator Kelly Torkelson, Park and
Recreation Manager Meredith Lawrence, Finance Director Kristen Schabacker, Planning
Consultant Jennifer Haskamp, and City Clerk Christine Lusian.
Nine members of the public were present.
SHORT TERM RENTALS
Levine introduced the item, explained that complaints have caused the city to look at the city code
to address concerns, and invited planning consultant Haskamp to present information and lead
discussion. Jacobson noted that discussion would include a background and introduction of a
moratorium.
Haskamp began with the meaning of short term rentals and noted definitions vary from city to city,
but for our purposes, it is rentals less than 30 days which coincides with the definition for state
lodging taxes. She explained that definitions typically exclude multi -family apartments, and focus
on typical owner -occupied residential uses such as single family attached and detached homes.
She noted that there are homes within the city that are listed on platforms like VRBO and AirBnb
and that the city has received numerous inquiries relating to short term rentals. Enforcement is
limited to what is currently in code, which addresses rental housing, property maintenance,
nuisance, and zoning.
Haskamp described that in 2005 the city studied and determined that a rental housing licensing
ordinance would benefit the community and implemented title 35 chapter 5 of the city code. She
noted that in 2019, council considered an amendment to the ordinance to eliminate references to
licensing, since the city had not registered rental housing in the R-1 district since 2017 and stopped
licensing rental units in 2018. She noted that inspection of rental units was never an element of
the rental licensing program. Council tabled the issue at that time and the amendment did not move
forward. Again in 2020, the council considered an ordinance to repeal all of chapter 5, but again
no action was taken.
She summarized that ordinances in place today, which govern rental housing include title 3,
chapter 5 the rental housing ordinance, title 12 the zoning ordinance and nuisance and property
maintenance ordinances.
Haskamp described the purpose and objectives for the proposed short term rental moratorium and
that it will allow the council time to study short term rental ordinances and evaluate how they may
impact surrounding neighborhoods, as well as define short term rentals for the city and determine
performance standards.
Levine asked if short-term rentals could be banned. Ilaskamp explained that there are current
court cases that should be reviewed and investigated before a ban.
Mazzitello stated that this moratorium opens discussion and those currently operating short term
rentals will not be affected by the moratorium, but the existing ordinances are available as tools.
Haskamp added that it is important to document complaints in writing. Prior to the adoption of a
new code, courts will consider those that were legally compliant prior to the adoption in deciding
whether to allow operation to continue.
Paper inquired about cross checking rental licenses with other records like building permits.
Haskamp pointed out that sleeping people in areas that aren't bedrooms could be an issue and
Mazzitello agreed that was a reason for rental inspections.
Paper asked about parties and complaints and if those records are cross checked with rental license
compliance. Police Chief McCarthy explained that verifying homeownership was not something
that officers do on a call for a party or noise complaint.
Paper asked about what would happen. if an owner does not comply or obtain a license. Haskamp
explained that the process is like a conditional use permit where conditions are imposed and
opportunity is given to comply before court action. She noted that an interim use permit is another
option that some cities use.
Levine redirected back to the goal of the discussion being the moratorium with policy development
happening over the next year. Mazzitello clarified that action will not be taken on rentals that are
in compliance, but if someone opens a short term rental after the moratorium passes, it would be
an enforcement issue. He recommended reviewing Cottage Grove's short term rental regulations
as an example.
Levine reminded that emails are a great record of documenting concerns, that policy is not being
crafted today, and that public engagement and timeline development will happen over the next six
to 12 months.
ADULT USE CANNABIS
McCarthy introduced the item and reviewed the past meeting direction to explore an ordinance
and enforcement options. The ordinance proposed focuses on smoking and vaping in public spaces,
while seeking consistency with alcohol and tobacco regulations.
Lorberbaum asked about smoking on sidewalks and Paper asked about smoking in parks.
McCarthy explained that the ordinance prohibits smoking on trails and in parks and pointed out
that tobacco violations are a misdemeanor while cannabis violations are a petty misdemeanor.
Paper inquired about lowering tobacco violations to a petty misdemeanor. Chief McCarthy stated
that she has been working with the City Attorney who has indicated that it may be an option.
Paper as about non -smoke products like gummies and the use of those in parks. McCarthy said
prohibiting the use of those products would be hard to enforce.
Levine noted that regulations vary widely between cities and it could confuse the public on what
is allowed and restricted. She added that some consistency in rules and policies between bordering
cities and Dakota County would be ideal.
Council members were supportive of all components in this item, including the smoking and
vaping ordinance, amendment to social host ordinance, and reducing the tobacco penalty.
POLICE DEPARTMENT CITY HALL BUILDING UPDATE
McCarthy provided an update on the facility issues within the police department relating to
security, accessibility, victim privacy and building conditions. She noted that feedback was
received from an initial small group of residents, soil samples have been collected, and options
such as contracting with Dakota County and relocating to other sites within the city have been
considered.
McCarthy stated that a component of the city's state capital bonding request is a city council
resolution of support.
Mazzitello added that it is necessary for public understanding that we define the scope of work
early and a narrative of what we hope to accomplish.
Council members were supportive of remaining a campus that includes the police department and
city hall and plan to pass a resolution of support at the first October meeting. Jacobson added that
the resolution would be added to a request to the state for funding.
Mayor Levine adjourned the meeting at 6:23 p.m.
ATTEST:
Christine ty Clerk
✓�
St hame B. Levine, Mayor