HomeMy WebLinkAbout10-24-2022 Council Meeting Minutes COUNCIL MINUTES
APPROVED
1
2 LINO LAKES CITY COUNCIL
3 REGULAR MEETING
4 MINUTES
5
6 DATE : October 24,2022
7 TIME STARTED : 6:30 p.m.
8 TIME ENDED : 7:50 p.m.
9 MEMBERS PRESENT : Councilmember Stoesz,Lyden,
10 Ruhland, Cavegn and Mayor Rafferty
11 MEMBERS ABSENT
12 Staff members present: City Administrator Sarah Cotton;Finance Director Hannah Lynch;
13 Community Development Director Michael Grochala; City Planner Katie Larsen; City Engineer
14 Diane Hankee; Director of Public Safety John Swenson; City Clerk Julie Bartell
15
16 PUBLIC COMMENT
17 Jeff Johnson, 6965 Sunrise Drive,representing people on his block. He lives across the street from
18 Sunrise Park and he understands that there will be an organics dumpster installed at the park. He
19 doesn't think it's a good idea to put it where proposed and suggests finding a better location. Mayor
20 Rafferty said the City has received Mr. Johnson's comments and will take a look at the proposal.
21 Kelly Gunderson 135 Ulmer Drive. She is a few blocks from Sunrise Park and is just hearing about
22 this dumpster plan for the park. She noted another bin location at Marshan Park, where the
23 dumpster is handled well and she doesn't see how it could be so at Sunrise Park. The two sites are
24 quite close so perhaps the Sunrise Park site isn't needed. Also she feels there are enough issues
25 with the park without adding a dumpster.
26 Barbara Schmidt, 6949 Sunrise Drive, she doesn't feel the proposal to place an organics dumpster at
27 the park is appropriate. The park is heavily used and there are enough issues already.
28 SETTING THE AGENDA
29 The agenda was approved as presented.
30 CONSENT AGENDA
31 Councilmember Lyden moved to approve the Consent Agenda,Items I through I as presented.
32 Councilmember Stoesz seconded the motion. Motion carried on a voice vote.
33
34 ITEM ACTION
35 Consideration of Expenditures:
36 A) Consider Approval of Expenditures for October 24,2022
37 (Check No. 117366 through 117460) in the Amount of
38 $846,474.23 Approved
39 B) Consider Approval of October 10, 2022 Council
40 Work Session Minutes Approved
41 C) Consider Approval of October 10, 2022 Council
42 Minutes Approved
1
COUNCIL MINUTES
APPROVED
43 FINANCE DEPARTMENT REPORT
44 2A) Consider Is'Reading of Ordinance No. 07-22,Establishing the 2023 City Fee Schedule
45 —Finance Director Lynch reviewed her written staff report. Staff brings forward a proposed fee
46 schedule annually in the form of an ordinance. Changes are noted in red in the ordinance.
47 Councilmember Lyden moved to approve the Pt reading of Ordinance No. 07-22 as presented.
48 Councilmember Ruhlan dseconded the motion. Motion carried on a voice vote.
49 ADMINISTRATION DEPARTMENT REPORT
50 There was no report from the Administration Department.
51 PUBLIC SAFETY DEPARTMENT REPORT
52 4A) Cannabinoid Ordinance: i. Consider 2nd Reading of Ordinance No. 03-22,
53 Enacting Ordinance Regulating Edible Cannabinoid Products; ii. Consider Resolution No.
54 22-133,Authorizing Summary Publication—Public Safety Director Swenson reviewed his
55 written staff report. Staff is recommending the final adoption of this ordinance that will
56 establish regulations in the City relative to the sale of edible cannabinoids. He noted that the
57 City's moratorium remains in place only until December; moving forward with this ordinance
58 will mean that it will take effect prior to expiration of the moratorium. He noted that there is one
59 business in the City that is "grandfathered" as far as the moratorium;they have been informed of
60 regulations coming forward.
61
62 John Hanselman,E &E Foods (d/b/a/Edwins Edibles) addressedt the council. He is under
63 contract to purchase the former Hammarheart building where he plans to operate a manufacturing
64 facility including for cannabinoids. He has no intention that his company will ever be selling
65 retail but only wholesale. His sales include on line sales. He would argue that the prohibition in
66 the ordinance for online sales doesn't apply to him because he is not retail. He would like to see
67 the ordinance change to ensure that he can sell on line as a wholesaler.
68
69 Mayor Rafferty noted that manufacturing will be allowed but he doesn't believe that online can
70 be allowed. Director Swenson explained that the City Attorney has opined that it wouldn't be
71 allowed with this ordinance. Director Swenson noted that the City's biggest interest in regulating
72 this product is to make sure it is kept out of the hands of underaged and he has concern with how
73 that goal aligns with online sales.
74 Councilmember Cavegn asked if the fact that this person wouldn't be a license holder exempts
75 him from the regulations of the ordinance. Director Swenson explained that the City is not
76 allowing internet sales first and, if it were to,those sales would be covered by the ordinance.
77 Mr. Hanselman noted that it's just a matter of him setting up his online sales in another
78 community—the end result will be the same.
79 Councilmember Ruhland remarked that he would probably support taking a look at the regulation
80 in the future to make sure it makes sense; he sees the online restriction is easily circumvented.
81 Mayor Rafferty noted that he hears council members may want to discuss some elements of the
82 ordinance further but in order to keep the ordinance on track,the council should consider it
83 without delay.
2
COUNCIL MINUTES
APPROVED
84 Councilmember Lyden moved to waive the full reading of the Ordinance as presented.
85 Councilmember Cavegn seconded the motion. Motion carried on a voice vote.
86 Councilmember Lyden moved to approve the 2nd Reading and Adoption of Ordinance No. 03-22
87 as presented. Councilmember Ruhland seconded the motion. Motion carried: Yeas, 5;Nays
88 none.
89 Councilmember Cavegn moved to approve Resolution No. 22-133 as presented.
90 Councilmember Ruhland seconded the motion. Motion carried on a voice vote.
91 PUBLIC SERVICES DEPARTMENT REPORT
92 There was no report from the Public Services Department.
93 COMMUNITY DEVELOPMENT REPORT
94 6A) Public Hearing, Consider Resolution No. 22-132,Adopting Assessments,2022 Weed
95 Abatement—Community Development Director Grochala reviewed his written staff report. Based
96 on process, staff is recommending the adoption of assessments as noted.
97 Mayor Rafferty opened the public hearing.
98 Kelly Gunderson, 135 Ulmer Drive. As background, Ms. Gunderson explained that in the last three
99 years, she has received letters from the City. She admits that she's had some lawn mowing problems
100 but in the past she's worked successfully in the past with staff in dealing with the issues. This year,
101 however, she got a letter and was confused so she called staff. She explained that she had had some
102 circumstances impacting her ability to get the work done including with her equipment and with the
103 location of her work preventing her from getting all the work done (some of the work has done). She
104 felt she had an agreement with staff to hold off as she worked things out. She noted the point when
105 staff came and mowed areas that were already done (twice). She spoke about conversations with
106 environmental staff and the inability of staff to verify the height of the grass.
107 Community Development Director Grochala verified that the City's process was followed. This is a
108 complaint driven process and there are regulations that are in place. He feels that every opportunity is
109 made to have the property owner cure any issues/violations.
110 Ms. Gunderson contended that she did not receive a letter from the City prior to the second mowing.
111 She would also like to know if there is any documentation on inspections of the property.
112 Councilmember Lyden noted that there are real problems in life but tall grass isn't on that list. He
113 asked how many complaints (including separate)were received. Mr. Grochala remarked that the
114 records suggest there have been issues for three years. Councilmember Lyden remarked that he
115 would rather see community members helping each other than reporting each other.
116 When Councilmember Cavegn asked Ms. Gunderson what she is asking from the council, she
117 suggested not having the assessment on her taxes which are very high already.
118 Community Development Director Grochala reviewed the notification process. There are photos on
119 file for the first violation.
120 Councilmember Ruhland suggested that the City should always take pictures. He also suggests a
121 door hanger to make sure the communication occurs.
122 Councilmember Cavegn suggested that there seems to be some ambiguity about the circumstances
123 surrounding the second instance.
3
COUNCIL MINUTES
APPROVED
124 Councilmember Cavegn moved to approve Resolution No. 22-132 as amended to remove charges for
125 the second correction of the property on Ulmer Drive. Councilmember Ruhland seconded the
126 motion.
127 Councilmember Lyden remarked that he was going to move to impose a$1 assessment for each of
128 the properties.
129 Mayor Rafferty remarked that staff has done their job. He would like people to be considerate and
130 responsible. Ms. Gunderson argued against those words.
131 Motion carried on a voice vote; Lyden voted no.
132 6B) Consider Approval of Resolution No.22-124,Authorize the Preparation of Plans and
133 Specs,2023 Street Rehabilitation Project—City Engineer Hankee provided a view of the proposed
134 2023 Street Rehabilitation Project and reviewed the work proposed for each element. She reviewed
135 the estimated cost of the project and the funding sources.
136 Councilmember Stoesz asked if the street lights in this area are updated to LED and Ms. Hankee
137 remarked that, if updating were to be planned,that would be a separate project.
138 Councilmember Stoesz moved to approve Resolution No. 22-124 as presented. Councilmember
139 Lyden seconded the motion. Motion carried on a voice vote.
140 6C) Consider Resolution 22-128,Approving Payment No. 12 and Final,2021 Street
141 Improvement Project—City Engineer Hankee reviewed her written report which provided
142 background on the completed 2021 Street Improvement Project. She reviewed the final cost for the
143 project and recommended that the council approve this payment.
144 Councilmember Lyden moved to approve Resolution No. 22-128 as presented. Councilmember
145 Ruhland seconded the motion. Motion carried on a voice vote.
146 6D) Consider Resolution No. 22-131,Requesting Anoka County Conduct a Speed Study on
147 County State Aid Highway 34 (Birch Street),—City Engineer Hankee reviewed her written report
148 that included background and a recommendation to ask Anoka County to engage in a speed study on
149 Birch Street. She added that Anoka County led the recent roadway improvements on Birch Street
150 and staff has found that the changes now call for a review of speeds. Councilmember Lyden asked if
151 there is any cost to the City for such a study and Ms. Hankee said she doesn't believe so.
152 Councilmember Cavegn moved to approve Resolution No. 22-131 as presented. Councilmember
153 Ruhland seconded the motion. Motion carried on a voice vote.
154 6E) Belland Farms Second Addition: i. Consider Resolution No.22-129 Approving Final Plat;
155 ii. Consider Resolution No.22-130 Approving Development Agreement—City Planner Larsen
156 reviewed her written staff report that includes information on the history of the site and the I st
157 Addition,the plans for the 2nd Addition, and the recommmended council actions.
158 Councilmember Cavegn moved to approve Resolution No. 22-129 and Resolution No. 22-130 as
159 presented. Councilmember Ruhland seconded the motion. Motion carried on a voice vote.
160 6F) Consider 2nd Reading of Ordinance No. 04-22 Marketplace PDO Amendment#3 related
161 to 601 Apollo Retail—City Planner Larsen explained that the council is being requested to approve the
162 2nd reading and adoption of an amendment to guidelines that will allow for a development.
163 Councilmember Cavegn moved to waive the full reading of the Ordinance as presented.
164 Councilmember Lyden seconded the motion. Motion carried on a voice vote.
4
COUNCIL MINUTES
APPROVED
165 Councilmember Cavegn moved to approve the 2nd Reading and Adoption of Ordinance No. 04-
166 22 as presented. Councilmember Lyden seconded the motion. Motion carried: Yeas, 5;Nays
167 none.
168 UNFINISHED BUSINESS
169 There was no Unfinished Business.
170
171 NEW BUSINESS
172 There was no New Business.
173
174 COMMUNITY EVENTS
175 There were no events announced.
176 COMMUNITY CALENDAR
177 Community Calendar—A Look Ahead
178 October 24,2022 through November 14,2022
179 46 Wednesday, October 26 6:30 pm, Council Chambers Environmental Board
180 4,- Thursday, October 27 6:30 pm,Community Room Charter Commission
181 4� Wednesday,November 2 6:00 pm,Council Chambers Park Board
182 4. Thursday,November 3 8:00 am, Community Room EDAC
183 4� Monday,November 7 6:00 pm, Community Room Council Work Session
184 4� Wednesday,November 9 6:30 pm, Council Chambers Planning&Zoning Board
185 46. Monday,November 14 6:00 pm, Community Room Council Work Session
186 * Monday,November 14 6:30 pm, Council Chambers City Council Meeting
187
188 ADJOURN
189
190 There being no further business, Councilmember Ruhland moved to adjourn at 7:50 p.m.
191 Councilmember Stoesz seconded the motion. Motion carried on a voice vote.
192
193 These minutes were considered and approved at the regular Council Meeting on November 14,
194 2022.
195
196
197
198 ti /
199 Julild artell, City Cler ob Rafferty, Mayor
200
5