03/13/1978 Council Minutes - Laserfiche WebLink

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85 March 13, 1978 The legal publication as appeared in the City's legal newspaper was read. The discussion centered on the alignment of the street in the South portion of the plat. It would seem the street as traveled is not as platted. Mr. Locher suggested relocating the street on the plat to match the street as traveled. Mr. McLean said all documentation has been received. Mr. McLean moved to approve the plat as presented with the stipulation the street be defined to coincide with the present location, deeds to be prepared by Mr. Peterson, Mr. Erickson and the City of Lino Lakes, Seconded by Mr. Zelinka. Motion carried unanimously. Mr. Locher said the proper procedure for this matter would be for Mr. Peterson to petit- ion the City Council for a vacation. Mr. Zelinka moved to have Mr. Peterson provide legal descriptions for the vacation. Seconded by Mr. McLean. Motion carried unanimously. Mr. McLean moved to close the hearing at 8:50 P.M. Seconded by Mr. Zelinka. Motion d clared passed. Since Mr. Locher had to leave for a short time, it was decided to have his report at this time. Mr. Locher said he had done some checking into the $150.00 per living unit for park purposes suggestion and, from the advice he could obtain, felt the City could be headed for trouble with this requirement. Mr. Locher felt the flat sum charge would not be upheld in court and the City may be asking for a law suit since this fee could be deemed as taxing not as part of platting. Mr. McLean felt the value as set under the 10% requirement could be continued and revised when felt necessary. Mr. Zelinka wondered if the $150.00 requirement could be passed at this time and enforced and ask for legislation to suppor this action. Mr. Locher felt the City would be open for a law suit. Mr. McLean thought the 10% requirement should continue at this time and adopt the $150.00 at the time legislation is passed. Mr. McLean moved to rescind the motion passed on March 6, 1978 requiring a $150.00 fee per Living unit to be collected at the time a building permit is issued. Seconded by Mr. Kul - aszewicz. Motion declared passed. Mr. McLean instructed the Clerk to leave the acreage value as is and send letters to the developers on the amount due the City at this time for their plats. On considering the Plat MarDon, the powerline easement needs to be defined and the plat redrawn. The developer said this would be done before the next meeting scheduled for March 27, 1978. The Council was asked if a building permit could be issued for the lot facing 77th Street and the Council felt that something could, be worked out. On the Forest Glen Plat, Mr. McLean said all documentation has been received and he moved to approve this plat with the stipulation that utility easements be recorded on the rear of the West lots for future road purposes. Seconded by Mr. Kulaszewicz. Motion declared passed. Mr. McLean moved to request Mr. Menkveld to agree to the recording of the easements on each of those deeds. Seconded by Mr. Zelinka. Motion declared passed. The need for an additional member for the Planning and Zoning Board was discussed, but no action was taken on this matter. Mr. Zelinka moved to accept Mr. Ted Gredvig's letter of resignation from the Park Board with regrets and that a letter of appreciation be sent. Seconded by Mr. McLean. Motion declared passed.