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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