City Council
Regular MeetingMendota Heights, MN · September 19, 2023
Minutes
CITY 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 ofthose 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:
St hame B. Levine, Mayor
Christine ty Clerk
Agenda
CITY OF MENDOTA HEIGHTS
CITY COUNCIL WORK SESSION AGENDA
Tuesday, September 19, 2023 5:00 p.m.
CITY HALL COUNCIL CHAMBERS 1101 Victoria Curve, Mendota Heights
1. Call to Order
2. Discussion
a. Short Term Rentals
b. Adult Use Cannabis
c. Police Department/City Hall Building Update
3. Adjourn
Alternative formats or auxiliary aids are available to individuals with disabilities upon
request. Please contact city hall at 651-452-1850 or cityhall@mendotaheightsmn.gov.
_________________________________________________City Council Work Session Memo
DATE: September 19, 2023
TO: Mayor and City Council
FROM: Jennifer Haskamp
Cheryl Jacobson, City Administrator
SUBJECT: Short Term Rentals
INTRODUCTION
Staff will provide the city council with an overview of Short-Term Rentals and the
operation of these rental units within the city.
BACKGROUND
Over the past few months there have been several inquiries regarding the City’s policy for
regulating and permitting Short Term Rentals. Short Term Rentals are oftentimes referred
to as VRBOs, Air BnB’s, or similar, and are typically rented for periods shorter than 30 days.
The City’s current ordinances address rental of a residential property but do not
differentiate between long-term rental periods and short-term rental periods. Short-term
rental periods have not been expressly studied by the city and may have different impacts
on the surrounding neighborhood, and therefore warrant separate study and
consideration so that appropriate ordinances may be developed.
REQUESTED ACTION
Informational. Council will have the opportunity to discuss short term rental housing in
the City and review existing city codes as they relate to this type of housing.
_________________________________________________City Council Work Session Memo
DATE: September 19, 2023
TO: Mayor, City Council and City Administrator
FROM: Kelly McCarthy, Police Chief
SUBJECT: Adult Use Cannabis
INTRODUCTION
On 8/2/2023, the Council directed staff to research ordinances regulating cannabis use in the
City of Mendota Heights.
BACKGROUND
State law allows a city to adopt an ordinance establishing a petty misdemeanor offense for a
person who unlawfully uses cannabis flower, cannabis products, lower-potency hemp edibles, or
hemp-derived consumer products in a public place.
If the city council would want an enforcement mechanism to prevent the use of cannabis in
public places, it will need to adopt an ordinance prohibiting such use and make it a petty
misdemeanor.
REQUESTED ACTION
For the work session discussion, the Council should discuss:
• Ordinance including all forms of cannabis use or limiting prohibition to smoking/vaping
• Ordinance including all public spaces or limiting prohibition to parks, recreation areas,
and city property
• Updating the social host ordinance (attorney approved draft attached)
Staff recommends an ordinance that prohibits the smoking/vaping of cannabis products at
public parks and recreational areas. Draft ordinance attached.
CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
ORDINANCE NO. XXX
AN ORDINANCE AMENDING THE MENDOTA HEIGHTS CITY CODE BY ENACTING MENDOTA HEIGHTS
CITY CODE CHAPTER XX-XX,
PROHIBITING CANNABIS SMOKING WITHIN PUBLIC PARKS AND RECREATIONAL AREAS
The City Council of Mendota Heights does ordain:
SECTION 1 ENACTMENT. Mendota Heights City Code Chapter XX-XX is hereby
enacted as followed:
XX-XX – CANNABIS SMOKING WITHIN PUBLIC PARKS AND
RECREATIONAL AREAS
Subd. 1. Definitions
Cannabis flower, cannabis products, lower-potency hemp edibles, and hemp derived
consumer products shall have the meanings as defined in Minn. Stat. §342.01
(enacted under Minnesota Laws 2023).
Electronic delivery device means any product containing or delivering nicotine,
lobelia, or any other substance intended for human consumption that can be used by
a person to simulate smoking in the delivery of nicotine, cannabis flower, cannabis
products, or any other substance through inhalation of aerosol or vapor from the
product. The term includes, but is not limited to, devices manufactured, distributed,
marketed or sold as e-cigarettes, e-cigars, e-pipes, vape pens, or e-hookah.
"Public park or parks" is any land owned or leased by the city for the use of the
public for any one or a combination of the following uses: recreation, relaxation,
amusement, playgrounds and fields, swimming, beaches, trails and trailways. (1981
Code 913 § 1):
"Recreational Areas" means all facilities, parks, trails, open space, and other
property owned, leased, rented, contracted, used, or controlled by the City of
Mendota Heights for parks and recreational purposes. The term includes, but is not
limited to, restrooms, spectator and concession areas, playgrounds, and athletic
fields.
Smoke or smoking means inhaling or exhaling smoke from any lighted or heated
cigar, cigarette, pipe, or any other tobacco, cannabis flower, cannabis products, or
plant product, or inhaling or exhaling aerosol or vapor from any electronic delivery
device. Smoking includes being in possession of a lighted or heated cigar cigarette,
pipe, or any other tobacco, cannabis products, or plant product intended for
inhalation, or an electronic delivery device that is turned on or otherwise activated
Subd. 2. Prohibition. No person shall smoke cannabis flower, cannabis products, or
hemp-derived consumer products within a public park or recreation area.
Subd. 3. Penalty. A violation of this Section is a petty misdemeanor.
SECTION 2 SUMMARY PUBLICATION. Pursuant to Minn. Stat. § 412.191, in the
case of a lengthy ordinance, a summary may be published. While a copy of the entire
ordinance is available without cost at the office of the City Clerk, the following summary is
approved by the City Council and shall be published in lieu of publishing the entire ordinance:
The City is prohibiting the smoking of cannabis flower, cannabis products, and hemp-
derived consumer products within a public park or recreation area. A violation of this
Section is a petty misdemeanor.
SECTION 3 EFFECTIVE DATE. This Ordinance shall be in full force and effect from
and after its passage and publication according to law.
Adopted by the City Council of the City of Mendota Heights this day of
, 202 .
CITY OF MENDOTA HEIGHTS
Stephanie Levine, Mayor
ATTEST:
Christine Lusian, City Clerk
2
CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
ORDINANCE NO. 2023-XX
AN ORDINANCE AMENDING TITLE 4, CHAPTER 6 OF THE CITY CODE OF THE CITY OF MENDOTA
HEIGHTS, MINNESOTA, DAKOTA COUNTY, UPDATING THE SOCIAL HOST ORDINANCE.
The city council of the City of Mendota Heights, Minnesota, does hereby ordain: Title 4-6 is
amended as follows: (new material is underlined; deleted material is lined out)
SECTIONS:
4-6-1: Purpose And Findings
4-6-2: Definitions
4-6-3: Prohibited Acts
4-6-4: Penalty
4-6-1 : PURPOSE AND FINDINGS:
Events and gatherings held on private or public property where alcohol, and/or intoxicating substances,
including intoxicating cannabinoids, cannabis flower, cannabis products, lower-potency hemp edibles,
hemp-derived consumer products, or edible cannabinoid products are possessed or consumed by
persons under 21 years old are harmful to those persons and constitute a threat to public health
requiring prevention and abatement. Holding a person criminally responsible for hosting an event or
gathering where underage possession or consumption of alcohol and/or other intoxicating substances,
including intoxicating cannabinoids, cannabis flower, cannabis products, lower-potency hemp edibles,
hemp-derived consumer products, or edible cannabinoid products occurs will serve as a deterrent. This
ordinance is not intended to apply to nonintoxicating cannabinoids or medications prescribed by an
appropriate medical provider.
The city council intends to discourage underage possession and consumption of alcohol, even if done
within the confines of a private residence, and intends to hold persons criminally responsible who host
events or gatherings where persons under twenty one (21) years of age possess or consume alcohol
regardless of whether the person hosting the event or gathering supplies the alcohol. The city council
finds:
A. Events and gatherings held on private or public property where alcohol is possessed or
consumed by persons under the age of twenty one (21) are harmful to those persons and constitute a
potential threat to public health requiring prevention or abatement.
B. Prohibiting underage consumption acts to protect underage persons, as well as the general
public, from injuries related to alcohol consumption, such as alcohol overdose or alcohol related traffic
collisions.
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C. Alcohol is an addictive drug which, if used irresponsibly, could have drastic effects on those who
use it as well as those who are affected by the actions of an irresponsible user.
D. Often, events or gatherings involving underage possession and consumption occur outside the
presence of parents. However, there are times when the parent(s) is/are present, and condone the
activity, and in some circumstances provide the alcohol.
E. Even though giving or furnishing alcohol to an unrelated underage person is a crime, it is difficult
to prove, and an ordinance is necessary to help further combat underage consumption.
F. A deterrent will be created by holding a person criminally responsible for hosting an event or
gathering where underage possession or consumption of alcohol occurs. (Ord. 455, 12-3-2013)
4-6-2 : DEFINITIONS:
The following words, terms, and phrases, when used in this chapter, shall have the meanings ascribed to
them in this section, except where the context clearly indicates a different meaning:
ALCOHOL: Ethyl alcohol, hydrated oxide of ethyl, or spirits of wine, whiskey, rum, brandy, gin, or any
other distilled spirits including dilutions and mixtures thereof from whatever source or by whatever
process produced.
ALCOHOLIC BEVERAGE: Alcohol, spirits, liquor, wine, beer, and every liquid or solid containing alcohol,
spirits, wine, or beer, and which contains one-half of one percent or more of alcohol by volume and
which is fit for beverage purposes either alone or when diluted, mixed, or combined with other
substances.
CANNABIS FLOWER, CANNABIS PRODUCTS, LOWER POTENCY HEMP EDIBLES, AND HEMP DERIVED
CONSUMER PRODUCTS shall have the meanings as defined in Minn. Stat. §342.01 (enacted under
Minnesota Laws 2023, and as amended).
EVENT OR GATHERING: Any group of three (3) or more persons who have assembled or gather together
for a social occasion or other activity.
HOST OR ALLOW: To aid, conduct, entertain, organize, supervise, control, or permit a gathering or event.
INTOXICATING SUBSTANCE: A drug or chemical, as those terms are defined in Minn. Stat. § 151.01, that
when introduced into the human body impairs the central nervous system or impairs the human audio,
visual, or mental processes. “Intoxicating substance” includes but is not limited to alcohol, alcoholic
beverages, intoxicating cannabinoids, cannabis flower, cannabis products, lower-potency hemp edibles,
hemp-derived consumer products, or edible cannabinoid products.
PARENT: Any person having legal custody of a juvenile, such as a natural, adoptive parent, or stepparent,
as a legal guardian; or as a person to whom legal custody has been given by order of the court.
PERSON: Any individual, partnership, copartnership, corporation, or any association of one or more
individuals. A person does not include any city, county, or state agency.
RESIDENCE, PREMISES OR PUBLIC OR PRIVATE PROPERTY: Any home, yard, farm, field, land, apartment,
condominium, hotel or motel room, or other dwelling unit, or a hall or meeting room, park, or any other
place of assembly, whether occupied on a temporary or permanent basis, whether occupied as a
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dwelling or specifically for a party or other social function, and whether owned, leased, rented, or used
with or without permission or compensation.
UNDERAGE PERSON: Any individual under twenty one (21) years of age. (Ord. 455, 12-3-2013)
4-6-3 : PROHIBITED ACTS:
A. Unlawful To Host Event Or Gathering: It is unlawful for any person(s) to host or allow an event
or gathering at any residence, premises, or on any other private or public property where alcohol,
alcoholic beverages, and /or intoxicating substances, including intoxicating cannabinoids, cannabis
flower, cannabis products, lower-potency hemp edibles, hemp-derived consumer products, or edible
cannabinoid products are present when the person knows or reasonably should know that an underage
person will or does:
1. Consume any alcohol or alcoholic beverage;
2. Consumes intoxicating substances, including intoxicating cannabinoids, cannabis flower,
cannabis products, lower-potency hemp edibles, hemp-derived consumer products, or
edible cannabinoid products; or
2. Possess any alcohol, alcoholic beverage, and /or intoxicating substances, including
intoxicating cannabinoids cannabis flower, cannabis products, lower-potency hemp
edibles, hemp-derived consumer products, or edible cannabinoid products with the
intent to consume it, and the person fails to take reasonable steps to prevent
possession or consumption by the underage person(s).
B. Criminal Responsibility: A person is criminally responsible for violating this section if the person
intentionally aids, advises, hires, counsels, or conspires with another to commit the prohibited
act.
C. Host Does Not Have To Be Present: A person who hosts an event or gathering does not have to
be present at the event or gathering to be criminally responsible for a violation of this section.
D. Exceptions: This section does not apply to the following persons or situations:
1. Conduct solely between an underage person and his or her parents while present in the
parent's household.
2. Legally protected religious observances.
3. Licensed retail sellers of intoxicating liquor or 3.2 percent malt liquor licenses, municipal
liquor stores, or bottle club permit holders who are regulated by Minnesota statutes
340A.
4. A landlord, mortgagee, hotel or motel owner or operator who has not actually
participated in knowingly furnishing alcohol for an event or gathering.
5. Medical procedures or treatment authorized by a physician.
6. Law enforcement activities supervised by a law enforcement agency.
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7. When underage persons are lawfully in possession of alcohol, alcoholic beverages, and
/or intoxicating substances, including intoxicating cannabinoids cannabis flower,
cannabis products, lower-potency hemp edibles, hemp-derived consumer products, or
edible cannabinoid products during the course and scope of employment. (Ord. 455, 12-
3-2013)
4-6-4 : PENALTY:
A. Violation; Penalties: Violation of a provision of this chapter is a misdemeanor and, upon
conviction thereof, a person may be punished by a fine of not more than one thousand
dollars ($1,000.00), or such other amount set by law, or imprisonment for a term not to
exceed ninety (90) days, or such other term set by law, or both. Each act of violation and
each day on which a violation occurs or continues is a separate violation. (Ord. 455, 12-3-
2013)
Adopted by the City Council of the City of Mendota Heights this day of , 2023.
CITY OF MENDOTA HEIGHTS
Stephanie B. Levine, Mayor
ATTEST:
Christine Lusian, City Clerk
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