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Home My WebLink About08-28-2023 Council Meeting Minutes LINO LAKES CITY COUNCIL REGULAR MEETING MINUTES DATE: August 28, 2023 TIME STARTED: 6:33 PM TIME ENDED: 7:21 PM MEMBERS PRESENT: Councilmembers, Lyden, Stoesz Ruhland, Cavegn, Mayor Rafferty Staff members present: Community Development Director Michael Grochala; City Planner Katie Larsen; City Engineer Diane Hankee; Director of Public Safety John Swenson; Public Services Director Rick DeGardner; City Clerk Jolleen Chaika. PUBLIC COMMENT Public Comment was opened at 6:34 PM. No public comment was received. 1. Motion to: Close Public Comment at 6:35 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. SPECIAL PRESENTATION Oath of Fire Service— Firefighters Taylor Andres, Eric Curtis, and Matthew Jessen-Olson were administered the oath of fire service by Mayor Rafferty. 1. CONSENT AGENDA A. Consider Approval of Expenditures for August 28, 2023 (Check No. 119179 through 119259) in the Amount of$1,200,636.10 B. Consider Approval of August 14, 2023 Work Session Minutes C. Consider Approval of August 14, 2023 Council Meeting Minutes D. Consider Approval of August 14, 2023 Special Council Budget Work Session Minutes E. Consider Resolution No. 23-88, Declaring Cost to Be Assessed and Calling Hearing on Proposed Assessment, 2023 Weed Abatement Charges, Michael Grochala F. Consider approval of an Exempt Gambling Permit for Lino Lakes Lions on October 7, 2023 G. Consider Resolution 23-90, Approving a Special Event Permit for Eagle Brook Church i. Motion to: Approve Consent Agenda Items 1A-1G RESULT: CARRIED [UNANIMOUS] MOVER: Ruhland SECONDER: Cavegn AYES: Ruhland, Cavegn, Stoesz, Lyden, Rafferty 2. FINANCE DEPARTMENT REPORT No report was presented. 3. ADMINISTRATION DEPARTMENT REPORT A. Consider First Second 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 reiterated that during the 2022 state legislative session, lawmakers amended chapters of state law to allow for exclusive liquor stores to sell edible cannabinoid products and this proposed ordinance amendment would bring the local law in line with the new state law. i. Motion to: Dispense of Full Reading of Ordinance 07-23 RESULT: CARRIED [UNANIMOUS] MOVER: Cavegn SECONDER: Ruhland AYES: Cavegn, Ruhland, Lyden, Stoesz, Rafferty ii. Motion to: Approve Second Reading of Ordinance 07-23 RESULT: CARRIED [UNANIMOUS] MOVER: Cavegn SECONDER: Ruhland AYES—Roll Call: Cavegn, Ruhland, Lyden, Stoesz, Rafferty B. Consider Appointment of Police Officer Director of Public Safety John Swenson recommended appointment of Beck Petrie as a full- time police officer. Motion to: Approve Appointment of Beck Petrie. RESULT: CARRIED [UNANIMOUS] MOVER: Lyden SECONDER: Stoesz AYES: Lyden, Stoesz, Ruhland, Cavegn, Rafferty 4. PUBLIC SAFETY DEPARMENT REPORT A. Cannabis Use in Public Spaces i. Consider Second 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 the second reading of Ordinances 05-23 and 06-23, related to use of cannabis in public spaces and in/on public property and parks. Director Swenson recommended approval of both ordinances. 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 Second Reading of Ordinance 05-23 RESULT: CARRIED[UNANIMOUS] MOVER: Cavegn SECONDER: Ruhland AYES—Roll Call: Cavegn, Ruhland, Lyden, Stoesz, Rafferty c. Motion to: Approve Second Reading of Ordinance 06-23 RESULT: CARRIED[UNANIMOUS] MOVER: Lyden SECONDER: Ruhland AYES—Roll Call: Lyden, Ruhland, Stoesz, Cavegn, Rafferty B. Consider Approval of Sale of Part-time Duty Crew Firefighter Turnout Gear Deputy Director of Public Safety/Fire, Dan L'Allier, requested Council approval to sell the specially sized turnout gear and fireboots of a former part-time fire fighter who has joined the to the City of Chaska Fire Department. He noted that due to supply chain issues, the City of Chaska made the request to purchase the gear and a formula was used to determine a fair price of$4,542.05. i. Motion to: Approve Sale of Part-Time Duty Crew Turnout Gear RESULT: CARRIED [UNANIMOUS] MOVER: Cavegn SECONDER: Ruhland AYES: Cavegn, Ruhland, Stoesz, Lyden, Rafferty C. School Resource Contract Director of Public Safety John Swenson provided a summary of his discussion held at the Work Session, prior to the regular meeting, of the request to suspend or terminate the contact for School Resource Officer (SRO) servcies with Centennial School District following legislative changes to Minn. Stat. §121A. He requested Council authorization for staff to terminate or suspend the current contract, valid through 2025, based on direction from legal counsel. Director Swenson highlighted that the priority of the Public Safety Department remains the safety and security of students and school personnel. i. Motion to: Approve staff to authorize suspension or termination of the contract with the Centennial School District for SRO services through 2024/2025 school year pending legal counsel review and future clarity on the law changes RESULT: CARRIED [UNANIMOUS] MOVER: Lyden SECONDER: Cavegn AYES: Lyden, Cavegn, Ruhland Stoesz, Rafferty 5. PUBLIC SERVICES DEPARTMENT No report was presented. 6. COMMUNITY DEVELOPMENT REPORT A. Consider Resolution No. 23-84, Approving Payment No. 4 and Final, 2022 Street Rehabilitation Project City Engineer Diane Hankee requested approval of Resolution 23-84, authorizing the fourth and final payment to T.A. Schifsky& Sons for the 2022 Street Rehabilitation Project. i. Motion to: Approve Resolution 23-84 RESULT: CARRIED [UNANIMOUS] MOVER: Lyden SECONDER: Ruhland AYES: Lyden, Ruhland, Stoesz, Cavegn, Rafferty B. Consider Resolution No. 23-85, Prohibiting Parking on Both Sides of Lake Drive (CSAH 23) between Aqua Lane and Main Street City Engineer Diane Hankee presented to council a request to prohibit parking on both sides of Lake Drive from Aqua Lane to Main Street. She noted that this is a principal arterial, which is designed to carry longer trips at higher speeds with minimal land access. Following a meeting with Public Safety and Anoka County, the recommendation was made to prohibit parking on this stretch of the street to address safety and access concerns. i. Motion to: Approve Resolution 23-85 RESULT: CARRIED [UNANIMOUS] MOVER: Cavegn SECONDER: Ruhland AYES: Cavegn, Ruhland, Lyden, Stoesz, Rafferty C. Milestones Addition City Planner Katie Larsen presented Resolution 23-84 to approve the final plat of the Milestones Addition as well as Resolution 23-87, approving the final Development Agreement for Milestones Addition. The developer, MEP Lino Lakes, will construct a commercial child care center on one of the two commercial lots that will be created via the plat. Planner Larsen also noted that the Planning and Zoning Board reviewed the final plat on August 9, 2023 and recommended approval with a 7-0 vote. i. Motion to: Approve Resolution 23-86 RESULT: CARRIED [UNANIMOUS] MOVER: Lyden SECONDER: Stoesz AYES: Lyden, Stoesz, Cavegn, Ruhland, Rafferty ii. Motion to: Approve Resolution 23-87 RESULT: CARRIED [UNANIMOUS] MOVER: Cavegn SECONDER: Stoesz AYES: Cavegn, Stoesz, Lyden, Ruhland, Rafferty D. Consider 15t Reading Ordinance No. 08-23, Amending City Code Section 901.03 Related to Construction Working Hour Restrictions Community Development Director Michael Grochala requested Council consideration of Ordinance 08-23 to amend the city code related to construction working hours. He noted that with the current reading of the ordinance, there is no exception in the code to allow for contracution activities which may be requried due to emergency situations such as a water main break. He suggested an amended to allow for certain exemptions from the work hour and day prohibitions, including emergency work or work on a case- by-case basis as allowed by the City Engineer or Public Services Director. Councilmember Stoesz inquired of adding a requirement for written approval by the City Engineer so that there is no doubt about approval. Director Grochala agreed such an addition to the proposed ordinance would be helpful. i. Motion to: Approve First Reading of Ordinance 08-23 with the Addition of the Word "written" Before "approval" in Section 3. RESULT: CARRIED [UNANIMOUS] MOVER: Stoesz SECONDER: Lyden AYES: Stoesz, Lyden, Cavegn, Ruhland, Rafferty ii. Motion to: Dispense of Full Reading of Ordinance 08-23 RESULT: CARRIED [UNANIMOUS] MOVER: Lyden SECONDER: Ruhland AYES: Cavegn, Lyden, Stoesz, Ruhland, Rafferty E. Consider First Reading of Ordinance 09-23, Approving Sale of Land to JAVA Companies, LLC. Community Development Director Michael Grochala requested Council consideration of Ordinance 09-23 related to approval of the sale of 2.24 acres of City-owned property to JAVA Companies at the corner of Lake Drive and 77th Street. i. Motion to: Approve First Reading of Ordinance 09-23 RESULT: CARRIED [UNANIMOUS] MOVER: Stoesz SECONDER: Lyden AYES: Stoesz, Lyden, Cavegn, Ruhland, Rafferty F. Consider Resolution No. 23-89, Authorizing a Feasibility Study, 2024 Street Reconstruction Project and Feasibility Study for Municipal Sewer and Water Extension City Engineer Diane Hankee Staff recommended to Council approval of a feasibility study for the purposes of assessing the extension of city sewer and water to those reconstruction areas where there is currently no city sewer and water. i. Motion to: Approve Resolution 23-89 RESULT: CARRIED[UNANIMOUS] MOVER: Ruhland SECONDER: Lyden AYES: Ruhland, Lyden Cavegn,Stoesz, 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 RESULT: CARRIED [UNANIMOUS] MOVER: Cavegn Ruhland SECONDER: Stoesz AYES: Ruhland, Stoesz, Lyden, Rafferty The meeting was adjourned at 7:21 PM. These minutes were considered and approved at the regular Council Meeting on September 11, 2023. tY1-", Jolleen Chaika, City Clerk Rob drty, Mayor