2024 02 20 CC Work Session MinutesCITY OF MENDOTA HEIGHTS
DAKOTA COUNTY
STATE OF MINNESOTA
Minutes of the City Council Work Session
Tuesday, February 20, 2024
CALL TO ORDER
Mayor Levine
called
the
work session
to order at 5:00 p.m.
Councilmembers Lorberbaum,
Mazzitello, and
Paper
were
also present.
Councilmember Miller
was absent.
Others present include City Administrator Cheryl Jacobson, Assistant City Administrator Kelly
Torkelson, Park and Recreation Manager Meredith Lawrence, Finance Director Kristen
Schabacker, Community Development Manager Sarah Madden, City Attorney Elliott Knetsch,
and City Clerk Nancy Bauer,
CODE ENFORCEMENT
City Administrator Jacobson explained the current code enforcement process. hi 2023, staff
received a total of 50 code enforcement complaints. Of those complaints, 89 percent were
resolved by the property owner after the first violation notice. The top complaints were public
nuisance in nature such as weeds/long grass, vehicle parking, RV parking, junk and visible trash
cans. The goal of the City's code enforcement program is to educate/inform residents about
community standards and regulations.
Beyond the current notices that are used, there are other tools available to the city that include
criminal prosecution, abatement and civil injunction for code enforcement violations. Many
cities have found it beneficial to add administrative citations as a code enforcement tool, which
Mendota Heights currently does not have.
City Administrator Jacobson reported that the current code enforcement process is a complaint
received process. The process for compliance could take up to 90 days or longer and could be
weather or seasonally dependent. Staff has identified a need for additional code enforcement
options to encourage compliance when compliance does not occur after multiple letters or when
there are repeat violations at the same address.
City Attorney Elliott Knetsch reported that most code compliance violations occur because of
financial hardship or mental health concerns.
Civil abatement is the use of non -criminal remedies to address compliance violation. The city
council would act as the judge as to whether a public nuisance exists. After the hearing process,
if the violation is not remedied the council could order the abatement and issue the order to
Feb 20, 2024, Mendota Heights Council Workshop Page -1
abate. If the violation is not abated the next step would to have the city enter the property and do
the abatement. It is technical and questionable whether the city has the authority to do the
abatement without a court order. The city ordinances have to comply with the U.S. Constitution
through the code enforcement process.
City Attorney Elliott Knetsch continued that criminal prosecution is where the property owner
receives a fine, goes to jail, or is ordered by a judge to do the abatement.
City Administrator Jacobson stated that staff believes there is a gap in code enforcement tools for
repeat offenders and would like to discuss adding administrative fines to the code enforcement
violation process. A new proposed process would be adding administrative fines before the
criminal citation, abatement or injunction process. This may also help speed up the compliance
process.
Staff shared that the City of South Saint Paul has an ordinance that includes administrative fines
in the city code. The code states "the city council seeks to offer an alternative method to
enforcement for city code violations rather than relying on the criminal court system". City
Attorney Elliott Knetsch reported there would be a variety of ways to implement the South Saint
Paul code and discussed what would be involved. He also pointed out that the State Auditor and
Attorney General have questioned whether a statutory city has the authority to implement
administrative citation processes. Public nuisances, code violations, civil prosecution, adding
reinspection fees, and what the process would involve if using the South Saint Paul code for
administrative fines was discussed.
It was the consensus to add reinspection fees for code enforcement violations into the fee
schedule and shorten the timeline (15 days) between the letters for reinspection's with an
extended timeline if needed with a response from the property owner. Also, continue to look at
the current abatement and injunction processes.
The City Council requested more information from South Saint Paul and other cities to see how
their process works with the administrative fines, costs for the process, hearing officer
information, administrative hearings, and how effective is the ordinance.
It was also a consensus to discuss at a later time the property maintenance ordinance.
PAR 3 CAPITAL PROJECT REQUEST UPDATE
Parks and Recreation Manager Meredith Lawrence reported staff is seeking direction on Par 3
capital projects that were discussed during the 2024 budget meetings. The year 2023 was a top
year for revenues with the most rounds played. The 2023 operating surplus was $54,643.
Currently there is $115,000 in the Par 3 fund. The 2024 capital projects were discussed.
Feb 20, 2024, Mendota Heights Council Workshop Page -2
It was requested to get more information on the greens roller and the cost of leasing versus
buying. The future replacement of the irrigation system was discussed. The sidewalk
reconstruction project was discussed and it was suggested looking at other funding sources to
fund the sidewalk project.
ADJOi 1ILNMENT
The meeting adjourned at 6:47 p.m.
ATTEST:
Step ame A. Levine, Mayor
N cy B uer, City Clerk
Feb 20, 2024, Mendota Heights Council Workshop Page -3