HomeMy WebLinkAbout08/11/1976 Council Minutes130
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.
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August 11, 1976
Mr. Zelinka had arrived.
If action is not stopped immediately a permanent injunction will be issued.
Mr. Zelinka said the letter is necessary and there is to be no variance to
the violation. If there are questions, these men must talk to the Building
Inspector. This letter woeadd verify the fact the action should set forth the
method of what must be done in order to conform to the Ordinance.
Mr. Mobley said if the Red Tags are gone through, the person can be arrested
immediately.
Mr. Zelinka moved the Red Tags be placed at all three locations and the Clerk
write a letter, citing the violations and the actions necessary to conform to
the law, make clear this action is by Order of the Council and that Mr. Mobley
be accompanied by the Police Department to insure his safety. Mr. Schneider
seconded the motion. Motion carried unanimously.
Mayor Bohjanen asked the notes make clear why this emergency meeting had been
called on such short order, he is leaving town on business early tomorrow and
if a decision had not been made on this matter immediately, an arrest might have
occured.
The Clerk was instructed to make sure the threats made by Mr. Rehbein and Mr.
Robinson are a part of these minutes and these facts had been presented to this
Council.
Mr. Schneider moved to adjourn at 7:20 P.M. Seconded by Mr. Karth. Aye.
Th e minutes were app oved, with correction on
a„,
CLERK - TREASURER