Loading...
HomeMy WebLinkAbout08/16/1976 Council MinutesAugust 16, 1976 The special meeting of the Lino Lakes City Council was called to order at 7:30 P. M. on August 16, 1976 by Acting Mayor Zelinka. Council members present; Karth, McLean, Schneider. Absent; Mayor Bohjanen. This meeting had been called for the purpose of hearing the property owners who have interest in discussion on violations of the City Ordinance on earth removal - Mr. Glenn Rehbein, Mr. Alan Robinson and Mr. Earl Olson. Mr. Rehbein and Mr. Robinson were present. Mr. Glenn Rehbein said he had put his new building in last Fall and had a final in- spection before moving. Mr. Mobley, Building Inspector, had stopped in and had found several small things that needed to be done such as the placement of a door knob in a room that is not being used at this time. Mr. Rehbein felt that this kind of in- spection was not needed. He said last week Mr. Mobley stopped in and had told him he was in violation of the City Ordinance in removing top soil. He said he lost his temper and ordered Mr. Mobley off his property, and he still does not want him on the property. He said he is cleaning out the muck and filling in the low areas with the cement and soil from Rite -Way Waterproffing. They have a permit from the County and this fill area is to be provided for a period of five years. He felt that this would upgrade the area and make a very solid base for any kind of use for that low land. Mr. Reh- bein felt this plan had been approved by the Council at the time the permit was issued. Mr. Karth said that according to the Ordinance, in order to haul dirt out and sell, the owner must have a permit. Mr. Rehbein said his business is dirt - there has been maybe 12 loads hauled out and probably 15 loads hauled in - dirt comes and goes and who keeps track. Mr. McLean looked at the letter from the Anoka County Health Department dealing with the fill area and asked Mr. Mobley if he had understood this earth movement had been authorized by the Council and Mr. Mobley said, No, Mr. Rehbein had no grading plan that he had seen. Mr. McLean felt there was a communication gap - this is a continuance of the preced- ure for improving this property. Mr. Schneider asked if a permit would not still be necessary? Mr. Karth asked, if he is removing dirt, wouldn't he need a permit? Mr. McLean felt that he would not since this is in the process of improving the pro- perty. Mr. Schneider asked Mr. Mobley if he had any statement to make and Mr. Mobley said that he had entered the property to find out what was going on, based on what he could see. The second time he had been ordered out 5 minutes after he entered. Mr. Rehbein felt the Anoka County Health Department and the Rice Creek Watershed Board had been contacted and he had their approval and that is all that is necessary. Mr. Schneider felt that this is a specific instance and possibly a loss of communicat- ions. He asked if it is proper to drop the complaint by Council action? He felt that beyond this, the people and the City must live with the State Building Code. Mr. Rehbein said he doesn't want anybody coming in and telling him he is in violat- 1 1 1 1 1 133 August 16, 1976 ion and telling his men what to do. Mr. Mobley felt his suggestions were only tips - he was merely pointing out things that should be finished. Mr. Karth moved to dismiss the tickets and remove the red tags based on information presented at this meeting. Seconded by Mr. McLean. Motion carried unanimously. The Clerk was instructed to notify Mr. Locher immediately. Mr. Zelinka said if the Building Inspector has a reasonable reason for entering prop- erty, he cannot legally be kept from entering that property. There was the matter of the ticket on the model home in Shenandoah, Mr. Rehbein said he does not own that house, therefore, the ticket cannot be issued to him. Mr. McLean moved to dismissed this complaint in that it was issued to the improper party, Mr. Glenn Rehbein - should have been issued to Northway Construction Co. Sec- onded by Mr. Karth. Motion carried unanimously. Mr. Schneider asked Mr. Mobley if he felt his authority had been taken away - can he work with Mr. Rehbein in conjunction with the development of Shenandoah? Mr. Mobley said he apparently owed these gentlemen an apology and he apoligized. He did not see any problems in working with these developers. He asked to meet with the builders and go over the State Building Code. Mr. Rehbein suggested going through the entire City and clean up the whole thing. Mr. Karth felt this is what is trying to be done - the Council is well aware of this problem. Mr. Rehbein asked where the Building Inspector had been employed before he came here. Mr. Mobley gave a short summary. His entire resume' is on file in the City Hall and open for inspection to anyone. Mr. Allan Robinson said that he hadn't removed any dirt - he is merely cleaning the ditches in order to store water to be used for irrigation. He said some of the dirt is being returned to the sod fields and some is being sold. He has permits from the Rice Creek Watershed Board to clean the ditches. The permit for the North side of Main Street has an incorrect legal description. The section is listed as the SEµ of the SE4 and should be the SW4 of the SW4. Mr. McLean said in order to sell the dirt, Mr. Robinson would need a mining permit. Mr. Robinson asked what kind of costs? he felt that 15T per cu. yd. is more than the dirt can be sold for. There was discussion on the costs involved and the inadequacy of the present Ordin- ance. Mr. McLean felt this Ordinance should be cleaned up and the Rice Creek Water- shed Board controls the ditches - the City has no authority. Mr. Karth said in order to give Mr. Robinson time to get a permit to sell dirt he moved to suspend the red taggs on the shovel and the ditch cleaning and instruct the Attorney to dismiss the charges. Also, to contact the Rice Creek Watershed Board to correct the discription on the permit. Seconded by Mr. McLean. Motion carried unanimously. 134 August 16, 1976 Mr. Karth moved to withdraw the complaint. Seconded by Mr. McLean. Motion carried unanimously. Mr. Schneider wondered if a variance could be issued. Mr. Zelinka said he would exp- ect problems from persons who have been refused. He felt this is a unique situation Mr. Karth felt the escrow account as now stated in the Ordinance does not cover the by - products of the operation. Mr. McLean moved that until the Ordinance is cleaned up, Mr. Robinson be allowed to continue his operation and conform at that time. Mr. Robinson will obtain a per- mit. Seconded by Mr. Schneider. Motion carried. Mr. Karth asked about the time limit on this matter since this is a temporary sol- ution. Mr. Karth moved that all parties interested in this line of business be not- ified of the meeting when this Ordinance will be discussed so they can be present for their input. This will also be published in the local papers. Seconded by Mr. McLean. Motion carried unanimously. Mr. McLean moved the mining complaint be dismissed relative to the Ordinance. Sec - onded by Mr. Karth. Motion carried unanimously. Mr. Mobley felt the same courtsey should be ectended to Mr. Olson. Mr. Karth moved to instruct the Attorney to ask for a continuance on the Earl Olson violation. Sec- onded by Mr. McLean. Motion carried unanimously. Mr. Rehbein felt the sign ordinance is good in that it restricts signs on highways but felt that identifying signs on businesses should be allowed - at least one such sign. Mr. McLean said the sign ordinance is one the Planning and Zoning Board will be looking at this year and that will be one of the areas considered. Mr. Zelinka said there is a lot of work to be done on this and he asked for assist- ance from the men involved. Mr. Mobley asked if this in any way took from his right to entry and Mr. Zelinka said that for due cause, nothing can prevent a building inspector from entering private property. Mr. Karth moved to adjourn at 10:00 P.M. Seconded by ,Mr. McLean. Aye. These minutes were a roomed, with correction on CLERK - TREASURER 1