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Home My WebLink About08-14-2023 Council Meeting Minutes LINO LAKES CITY COUNCIL REGULAR MEETING MINUTES DATE: August 14, 2023 TIME STARTED: 6:31 PM TIME ENDED: 7:29 PM MEMBERS PRESENT: Councilmembers, Lyden, Stoesz Ruhland, Cavegn, Mayor Rafferty Staff members present: City Administrator Sarah Cotton; Community Development Director Michael Grochala; City Planner Katie Larsen; City Engineer Diane Hankee; Director of Public Safety John Swenson; Public Services Director Rick DeGardner; Public Works Superintendent Justin Williams; City Clerk Jolleen Chaika. PUBLIC COMMENT Public Comment was opened at 6:32 PM. Mr. Christopher Stowe, 426 Pine Street, addressed Council with further follow-up from his past public comments in June. He continued to voice frustrations and anger with his property and enforcement of zoning code by the city. He also stated concerns and anger with the Rice Creek Watershed District (RCWSD) and communications received from RCWSD. Mr. Stowe wanted to know the city's involvement with the process outlined by RCWSD as he wants to know who to sue. He also stated that he will be filing for candidacy (in the 2023 municipal election). No further public comment was received. 1. Motion to: Close Public Comment at 6:37 PM. RESULT: CARRIED [UNANIMOUS] MOVER: Lyden SECONDER: Ruhland AYES: Lyden, Ruhland, Stoesz, Cavegn, Rafferty SETTING THE AGENDA The agenda was accepted as presented: No additions or changes were made. 1. CONSENT AGENDA A. Consider Approval of Expenditures for August 14, 2023 B. Consider Approval of July 24, 2023 Work Session Minutes C. Consider Approval of July 24, 2023 Council Meeting Minutes D. Consider Approval of August 7, 2023 Council Work Session Minutes E. Consider Approval of Resolution 23-81 Authorizing a Special Event Permit for the Quad Area Chamber of Commerce i. Motion to: Approve Consent Agenda Items 1A-1E RESULT: CARRIED [UNANIMOUS] MOVER: Stoesz SECONDER: Lyden AYES: Stoesz, Lyden, Ruhland, Cavegn, Rafferty 2. FINANCE DEPARTMENT REPORT No report was presented. 3. ADMINISTRATION DEPARTMENT REPORT A. Consider Resolution 23-83 Accepting a Donation from Kwik Trip to Lino Lakes Public Safety Public Safety Director John Swenson welcomed to the meeting representatives from the new Lino Lakes Kwik Trip location for presentation of a donation in the amount of$1000 from Kwik Trip to Lino Lakes Public Safety. i. Motion To: Approve Resolution 23-83 Accepting Donation from Kwik Trip RESULT: CARRIED [UNANIMOUS] MOVER: Stoesz SECONDER: Lyden AYES: Stoesz, Lyden, Ruhland, Cavegn, Rafferty B. Consider First Reading of Ordinance 07-23, Amending Chapter 617, Section 617.05 Regarding Licensing Ineligibility for Cannabinoid Licenses City Clerk Jolleen Chaika presented to Council a request to amend the 2022 enacted Edible Cannabinoid Products ordinance to remove the prohibitions of liquor license holders to obtain cannabinoid licenses. Clerk Chaika noted that during the 2022 state legislative session, lawmakers amended chapters of state law to allow for exclusive liquor stores to sell edible cannabinoid products; further, that the city recently received an inquiry from an off-sale liquor licenses holder who wishes to begin the licensing process to allow for sale of cannabinoid products at their exclusive liquor store. Clerk Chaika clarified that restrictions remain for sale of alcohol and cannabinoid products within 1000 feet of a church or school. i. Motion to: Dispense of Full Reading of Ordinance 07-23 RESULT: CARRIED [UNANIMOUS] MOVER: Cavegn SECONDER: Lyden AYES: Cavegn, Lyden, Stoesz, Ruhland, Rafferty ii. Motion to: Approve First Reading of Ordinance 07-23 RESULT: CARRIED [UNANIMOUS] MOVER: Cavegn SECONDER: Lyden AYES: Cavegn, Lyden, Stoesz, Ruhland, Rafferty 4. PUBLIC SAFETY DEPARMENT REPORT A. Cannabis Use in Public Spaces i. Consider First Reading of Ordinance 05-23, Amending Chapter 301 to Prohibit use of Cannabis on Public Property ii. Consider First Reading of Ordinance 06-23, Enacting Chapter 502 to Prohibit Use of Cannabis in Public Places Public Safety Director John Swenson presented to Council a request to amend Lino Lakes ordinance, Chapter 301, related to Public Parks and Grounds, to prohibit the use of cannabis in public parks. Further, Director Swenson requested Council consider enacting Chapter 502: Prohibiting Use of Cannabis in Public Places. He noted that enacting the prohibition of use of cannabis in public places will allow for public enjoyment of areas such as parking lots, restaurant patios, or other areas where the public may gather or be present. Councilmember Lyden noted that the goal is to maintain a good quality of life for residents and all those who visit Lino Lakes. He said that he thinks that this ordinance speaks to thinking of others. a. Motion to: Dispense of Full Reading of Ordinances 05-23 and 06-23 RESULT: CARRIED [UNANIMOUS] MOVER: Cavegn SECONDER: Stoesz AYES: Cavegn, Stoesz, Lyden, Ruhland, Rafferty b. Motion to: Approve first reading of Ordinance 05-23 RESULT: CARRIED [UNANIMOUS] MOVER: Cavegn SECONDER: Ruhland AYES: Cavegn, Ruhland, Lyden, Stoesz, Rafferty c. Motion to: Approve first reading of Ordinance 06-23 RESULT: CARRIED [UNANIMOUS] MOVER: Lyden SECONDER: Ruhland AYES: Lyden, Ruhland, Stoesz, Cavegn, Rafferty B. Second Reading of Ordinance 04-23, Repealing Ordinance 01-22 Creating Chapter 512: Entitled Possession of Catalytic Converters Public Safety Director John Swenson presented the second reading of proposed ordinance 04-23 which proposes repeal of Ordinance 01-22. Director Swenson reiterated that the basis for this proposed repeal is due to the fact that the state amended Minn. Stat. §325E.21 which now makes it illegal for a person to possess a used catalytic converter not attached to a motor vehicle. i. Motion to: Dispense of Full Reading of Ordinances 04-23 RESULT: CARRIED [UNANIMOUS] MOVER: Ruhland SECONDER: Stoesz AYES: Ruhland, Stoesz, Lyden, Cavegn, Rafferty ii. Motion to: Approve Second Reading of Ordinance 04-23 RESULT: CARRIED [UNANIMOUS] MOVER: Lyden SECONDER: Stoesz AYES: Lyden, Stoesz, Ruhland, Cavegn, Rafferty 5. PUBLIC SERVICES DEPARTMENT A. Consider Resolution No. 23-76, Accepting Ownership of Elevated Platform Located in Tower 1 Public Works Superintendent Justin Williams requested approval of Resolution 23-76 to allow acceptance of the dontation of an elevated platform by T-Mobile to the City of Lino Lakes. He noted that the platform was used by T-Mobile to create additional storage space for cellular equipment in water tower 1 6. COMMUNITY DEVELOPMENT REPORT A. Watermark PUD Amendment#4— PUD Development Stage/Preliminary Plat City Planner Katie Larsen reviewed the background and history of the PUD for the Watermark Project. She noted that the amendment calls for a modification to the lot sizes and housing products but does not change any architectural requirements or the total number of housing units. She further noted that the Planning and Zoning Board held a public hearing on July 12 and that the board recommended approval with a 5-0 vote. i. Consider Resolution No. 23-77 Approving PUD Amendment #4 to PUD Development Stage Plan/Preliminary Plat ii. Consider Resolution No. 23-78 Approving First Amendment to Master Development Agreement a. Motion to: Approve Resolutions 23-77 RESULT: CARRIED [UNANIMOUS] MOVER: Lyden SECONDER: Ruhland AYES: Lyden, Ruhland, Stoesz, Cavegn, Rafferty b. Motion to: Approve Resolution 23-78 RESULT: CARRIED [UNANIMOUS] MOVER: Cavegn SECONDER: Lyden AYES: Cavegn, Lyden, Stoesz, Ruhland, Rafferty B. Consider Resolution No. 23-80, Authorizing Preparation of Plans and Specifications, Otter Lake Road Extension PH 2 Community Development Director Michael Grochala noted that plans are anticipated to be completed before 2025. He reviewed WSB scope including open houses which would likely begin late in the fall or into next spring. Councilmember Stoesz asked of the benefit to Hugo and if there is any consideration of cost sharing? Director Grochala noted there will be cost-sharing for the small portion that directly impacts Hugo; further that Hugo has borne some costs already. i. Motion to: Approve Resolution 23-80 RESULT: CARRIED [UNANIMOUS] MOVER: Ruhland SECONDER: Cavegn AYES: Ruhland, Cavegn, Lyden, Stoesz, Rafferty C. Lake Drive Trunk Watermain Improvements, Diane Hankee City Engineer Diane Hankee requested Council that approve acceptance of bids and award a construction contract for the Lake Drive Trunk Water Main Improvement Project. She noted that a total of five (5) bids were received and Geislinger & Sons came in with the lowest bid at $315,650.01; she recommended Council approve Resolution 23-79 to award the bid. Engineer Hankee also noted that WSB has also submitted a proposal for completion of the construction services for the project at the cost of$31,450.00 and that staff is also requesting approval of Resolution 23-82 to approve the construction services contract. i. Motion to: Approve Resolution 23-79 RESULT: CARRIED[UNANIMOUS] MOVER: Lyden SECONDER: Cavegn AYES: Lyden, Cavegn, Stoesz, Ruhland, Rafferty ii. Motion to: Approve Resolution 23-82 RESULT: CARRIED[UNANIMOUS] MOVER: Lyden SECONDER: Cavegn AYES: Lyden, Cavegn, Stoesz, Ruhland, Rafferty 7. UNFINISHED BUSINESS There was no unfinished business. 8. NEW BUSINESS There was no new business. 9. COMMUNITY EVENTS Mayor Rafferty reviewed the upcoming Community Calendar. ADJOURN 1. Motion to: Adjourn to the Closed Session at 7:07 PM Pursuant to Minn. Stat. 13D.05 to discuss the sale of property. RESULT: CARRIED [UNANIMOUS] MOVER: Cavegn Ruhland SECONDER: Stoesz AYES: Ruhland, Stoesz, Lyden, Rafferty Following the vote, Councilmember Ruhland noted that he would be abstaining from the closed session. The Regular Meeting Adjourned to a Closed Session at 7:07 PM. Council returned to the Regular Meeting at 7:27 PM: A Roll Call vote was held to reconvene in open session in the Regular Meeting. 2. Motion to: Approve City Staff to Work with the City Attorney to Prepare a Purchase Agreement for Property Located at Carole Estates 2nd Addition, Lots 12 & 13 Block 2, and a portion of 7685 Lake Drive. RESULT: CARRIED [UNANIMOUS] MOVER: Lyden SECONDER: Cavegn AYES: Lyden, Cavegn, Stoesz, Rafferty ABSENT: Ruhland (abstained from closed session) 3. Motion to: Adjourn at 7:29 PM. RESULT: CARRIED [UNANIMOUS] MOVER: Lyden SECONDER: Cavegn AYES: Lyden, Cavegn, Stoesz, Rafferty ABSENT: Ruhland (abstained from closed session) These minutes were considered and approved at the regular Council Meeting on August 28, 2023. Jolleen Chaika, City Clerk Rob erty, Mayor