08/11/1976 Council Minutes - Laserfiche WebLink

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130 August II, 1976 A Special Emergency meeting of the Lino Lakes City Council was called to order at 5:40 P.M. by Mayor Bohjanen on August 11, 1976. Members present; Karth, Schneider. Absent; McLean, Zelinka. Mr. Locher was also present. Mayor Bohjanen said this meeting has been called for the purpose of dealing with an emergency situation involving the Building Inspector. Mr. Mobley reported he had stopped in three different locations where top soil is being removed and was ordered off two of the premises with the remark 'this is private property and he had no business on the premises.' As of this time, only a citation has been issued. Mr. Locher explained that in order to institute civil action, a Resolution must be passed by this Council. This would be in the form of a restraining order. He suggested that consideration of the damage done and the cost of civil action. Mr. Mobley cited City Ordinance 6E dealing with the removal of top soil and the duties of the Building Inspector. This Ordinance clearly states this is the responsibility of the Building Inspector. Mr. Schneider wondered if there was something else that can be done other than instigating civil action against these men. Mr. Mobley said he had issued a citation and this is as far as he can go. He felt the next step is to issue a restraining order. Mr. Locher said the penalty for violation of the Ordinance is a fine of $300.00 or 90 days or both. He said the action can be suspended with the stipulation they comply to the Ordinance within a given period of time and there is no fur- ther violation of similar nature. The complaints are filed with the Blaine Clerk of Court and can be handled on one of four ways; I) continuance; 2) guilty; 3) guilty with an explanation and 4) not guilty and ask for a courttrial or a jury trial. Mr. Locher felt the Council should decide if irreparable damage had been done. He said civil act- ion is costly and the City must post a bond. Mr. Karth felt this citation has indicated this is a criminal offense, just let this take it's course and the City would end up with the desired action. There was discussion on the danger of the high wires located adjacent to the ditch along Main Street. These wires carry 64,000 volts. The ditch is about 15' deep with 3 to 4 feet of water. Mr. Mobley felt this law is on the books and should be upheld or abolished. He resented being threatened and felt the defiance of the law must be stopped now otherwise, this defiance will continue. Sgt. Costa reported at 6:45 P.M. that Mr. Allan Robinson and Mr. Glenn Rehbein had been served with the citation. Mr. Karth felt this is the first time this Ordinance had been enfored. The Council ordered these locations be red tagged. These tags to be placed with Police protection with a letter stating this is by Council action.