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HomeMy WebLinkAboutCC March 21, 1978 , . . ~ 01 ANDOVER REGULAR CITY COUNCIL MEETING - MARCH 21, 1978 MINUTES The Re~ular Bi-Monthly Meeting of the Andover City Council was called to order by Mayor Jerry Windschitl on March 21, 1978, 7:32 p,m" at the Andover City Hall, 1685 Crosstown Boulevard NW, Anoka, Minnesota, Councilpersons present: Lachinski, McClure, Orttel, VanderLaan (arrived at 8:42 p,m,) Councilpersons absent: None Also present: City Attorney, E, P, Babcock; City Engineer, D, R, Kasma and Chuck Wetzler; City Clerk, P, K, Lindquist; and interested residents Residents Forum Mayor Windschitl read the letter of March 17, 1978, from the firm of Burke and Hawkins to the City Clerk which updated the status of the Myron Roseland Lawsuit, The Clerk stated she drove past Mr, Roseland's today and SaW 30 to 40 cars on the property, with some cars on Stack's property, This is contrary to what is noted in the Agenda Material this evenin~ re~arding the Building Official's report, Jay Clark, 1~200 Valley Drive - stated that Mr, Clough's report is incorrect as there has never been a time when less than 15 cars were on the property, He also questioned why it is necessary to ~o throu~h all this red tape, Mayor Windschitl stated he has talked with the Attorney, who feels they will be able to get the injunction on the 5th of April, and then possibly get an advancement on the trial date, Mr, Babcock explained the only remedy the City has left is to get a judge to issue an order for the operation to cease, This is being done under a civil suit, but the criminal remedy is still open to the City, Leon Jenkauski, 16245 Valley Drive - asked what happens when an injunction is filed and Mr, Roseland would not comply with it, Also, who is actually going to go out to see he does follow up? Mr, Babcock stated the court has the power to find someone in contempt of court when they don't obey the order of the court, These are serious violations where the judges have imprisonment rights, Mayor Windschitl stated it would be Mr, Clough's job to follow up to see that Mr, Roseland has complied with the court order, The Clerk will confer with Mr, Clough to be sure he has all the facts, Alan Anderson, 16293 Valley Drive - felt Mr, Clough might have looked at the wrong place, Mayor Windschitl stated this may be the problem and suggested that the Clerk take Mr, Clough out there to show him the situation, Lois Clark. 16209 Valley Drive - questioned if the Jim Stack property is going to be cleared out, The Clerk stated it is one that will be looked at, but it is not included in the injunction, That would take an entirely new action, The City won't let Mr, Rose- land simply move his things over to Stack's property, Carroll Abbott, 2017 142 Lane NW, Green Acres - wondered if the stop sign on Crocus directly across from l40th Avenue was worth spending all the money for the sign and labor of re- installin~ it for what ~ood it might do along there, In driving through that area every day, he has never been bothered with children in that area, If the stop sign is there to control traffic, he felt it would be better to be on the intersecting street, He also felt people don't stop for that sign and he'd just as soon not have it there, Mayor Windschitl noted that Crocus Street has been a problem for traffic coming out of Green Acres and that si~n has been up for years, It was removed during the street construction this summer; but the intent is to put that stop sign in there permanently, If there is a better place to put it, we can have the Sheriff's Department look at it. Al Greyson Humphrey, 954 Crocus Street - stated the stop sign was up when he moved in in October, 1977, It was taken down, then put up in January, 1978, One week later it was down a~a1n. He personally wanted it put back up, There are cars that go through there at 40 to 50 mph and there are quite a few children in that area, He didn't feel there was any cost question involved if there is a loss of life involved, Regular City Council Meeting March 21, 197R - Minutes Pa~e 2 Steve Nichols. 2634 l40th Lane mv - felt the stop sign should be there as there is a problem with traffic from Green Acres. He said the sheriff has said he cannot do anything about speeders when he is not present, but the stop sign does slow the traffic down, Mr. Abbott - has called the Sheriff about a trailer sticking into the street three to four feet near his home, It is still sitting there after about three weeks' time, Also, there is no stop signs on Crocus from the south, so traffic can still speed along if it wants to, Mayor Windschitl stated the City will have the Sheriff's Department investigate the entire matter, Jim laRock. 1655R Zuni Street - lives off of l65th in Stack Estates - preeented the Council with a petition with more than 40 signatures dated March 14, 197B, regarding the improve- ment of l65th Avenue, Mayor Windschitl referred the petition to the Road Improvement Committee for their recommendations, Mr, LaRock will be notified when the Committee considers this item, Dick Schneider, 1343 Andover Boulevard NW - Several weeks ago the Metropolitan Council appointed a new Commission called the Rural Area Task Force to study the lands left to farming in the rural area, There are residents from Andover on the Commission, but he was disturbed that no one from the City's Planning Commission was on it, Mayor Windschi tl didn't know the mechanics of how the Met Council finally picks members for its Commissions, Mr, Nichols - hoped that when the Council acts on placing the tennis courts that they accept the Park Board's recommendation and place it in the Northwoods area, He lives across the street from there and is not concerned about the lighting at night if it would be automatically shut off by at least 9:30 or 10 p,m, Mrs, Nichols had called many of the neighbors, and no one had said they are opposed to it thus far, Charlie Veiman, 13646 Crooked Lake Boulevard - stated he received quite a bit of feedback from his 5 Sons when questioning them about park areas, It seems those living in Andover ~et hassled from people when using the Coon Rapids facilit~ on Crooked Lake, as they reel the taxpayers from Coon Rapids built it and should be using the facilities, Mr, Veiman felt this gives an idea of how badly the City needs a playground in that area, And it is needed now, not later. Mr. Abbott - stated there is a bouse being built next to the park in Green Acres, which will take area away from the ball field the kids are playing on now, A~enda At",roval MOTION by McClure, Seconded by LaChinski, that the pUblished agenda be accepted with the followin~ corrections: Deletion of Metropolitan Council Representative Discussion under Item 4; Addition of Item 5~, 1977-Condemnations; Addition of Item 5h, Koleber Sewer Problem; Addition of Item Rc2, Bids for Tank; Deletion of Item Bd2, Public Works Building; Addition of Item 910, Closing Date - Engineer Applications: Addition of Item 1010, MPSA - Muscovitz; and Addition of Item lac, Certification School - Lindquist, Motion carried unanimously. Plat Auproval - Cunnin~ham Addition Larry Retzlaff, Chairman of the Planning and Zoning Commission, reported they have recommended approval of the Cunningham Addition P~eliminary Plat after a very thorough review of the plat, The Preliminary Plat meets or exceeds the current standards of Ordinances 8 and 10; approval has been secured from the Coon Creek Watershed Board: it has been reviewed by the City Engineer; it is concUrrent with the Comprehensive Plan of the City; there was no public opposition at the Public Hearin~s; and the Park/Recreation Commission has reviewed it and has recommended cash in lieu of land for park dedication, Regular City Council Meeting March 21, 1978 - Minutes Pa~e 3 (Plat Approval - Cunningham Addition, Continued) Mayor Windschitl was concerned about what is being done to insure that these lots are buildable, who is ~oing to put in the additional required fill, and when is it going to be done. Mr. Retzlaff stated the P & Z reviewed the Plat extensively with the City En~ineer. They adamately addressed that the flood plane and basement elevations be marked; and at that meetin~ ~~. Stockwell stated the houses on these lots would definitely not be affected by the flood plane at those elevations. Hr. Jim Hane, developer, noted that all basement elevations are 857 feet; so some fill will be required to compensate for that. Also, when a house is being built, it is in- spected several times during construction; so every precaution is taken to insure that th~ house will not have any problems. He is planning to build all the houses in this develop- ment himself and stated the lot will have to be brought up to standard before the houses are built. The area does have sanitary sewer hookup, and it will have streets with curbs and gutters. Also, according to the soil borings, the only peat is on lot 8. When Mr. Hane does the blacktop roads, he will do the grading for the plat. Mr. Kasma explained the results of the soil boring tests and explained the difference on the plat between the existing contours and the proposed contours and felt the proposed contours would be completed when they are building the roads. It was Mr. Kasma's opinion that with this grading plan, there wouldn't be any water problem in the basements of homes built on these lots. Mr. Humpbrey - was not opposed to the development, bu~ was opposed to the number of houses that are going in there. Also, by allowing developers to meet just minimum standards for lot sizes, he felt one ends up with a rather congested community. Mr. Retzlaff noted the Planning Commission did take serious consideration for the existing land USe and did reouest Mr. Hane to make some modifications to the zoning in that district. They requested and received a majority of the lots in excess of current zoning. According to our Ordinance, this plat meets or exceeds them. Also, this is not the first consideration of this Plat. Mr. Abbott - was concerned about the kind of houses that are going to be built in that area and hoped they would be compatible with the existing homes. MOTION by McClure, Seconded by Orttel, that the Council approve the Preliminary Plat of the Cunningham Addition as presented to the Council for the following reasons: The Plat meets or exceeds the current requirements of Ordinances 8 and 10; Approval of the Plat has been secured from the Coon Creek Watershed Board; Plat favorably reviewed by the City Engineer; Plat concurs with the Comprehensive Plan of the City of Andover; and there was no public opposition to the proposed Addition in the Public Hearing. (See Resolution R26-8) VOTE ON MOTION: YES-Lachinski, McClure, Orttel; PRESENT-Windschitl Motion carried. Mayor Windschitl - I would like to reserve judgement until I see the agreement dealing with the storm water problem on how it is going to be handled. Mr. Hane - When the basement is dug and inspected, the Building Inspector can require me to put in drain tile if he chooses to do so. So there is a check and balance system. I think the Ordinance now on the books gives enough authority to compensate for that problem. Final Plat Extension - Oak Hollow Councilperson Ken Orttel (acting as a private citizen speaking in behalf of Mrs. Orttel) noted the Preliminary Plat was approved in November, 1977. Because of the frozen ground, there has not been time to complete the road construction. The right of way has been cleared, but road excavation cannot begin until after the ground has thawed, about April 15. Re~ular City Council Meeting March 21, 1978 - Minutes Ps~e 4 (Final Plat Extension - Oak Hollow, Continued) It will then take approximately 35 to 40 days to complete. It is intended that roads be completed before the Final Plat is brought in. Mr. Kasma noted TKDA usually approves road construction in three stages -- the rough grading, the gravel, and then the blacktop. TKDA will be monitoring this project. MOTION by Lachinski, Seconded by McClure, to allow for an extension of time on the Preliminary Plat of Oak Hollow until June 20, 1978. (See Resolution R27-8) VOTE ON MOTION: YES-Lachinski, McClure, VanderLaan, Windschitl; PRESENT-Orttel (as he is directly involved in the project) Motion carried. Road Locations - Ron Smith Councilperson VanderLaan felt it would be wiser to forward this back to the Planning and Zonin~ Commission, as the Ordinance deals with both platting and subdivisions, in an attempt to obtain their comments on the compliance with the road design standards, addressing the variance that will be needed for the lower corner lot, and also discussing the possibility of dedicatin~ land around the cemetery with an easement to it. The P & Z would go through this process in the same way as Mr. Smith did when he brought in Rolling Oaks. Since the City might be dealing with this type of plat more often in the future, Councilperson VanderLaan felt it is important to process it correctly as it coUtl be setting a precedent. Mr. Babcock stated the issue before.the Council is road location. The Council has the power to make road locationa conform to the subdivision regulations and the Comprehensive Plan, and the Council can also refer it back to the Planning Commission to receive their opinion of its conformance to the Comprehensive Plan. Mr. Ron Smith stated he agrees to give some buffer land around the cemetery plus access to it; he plans to blacktop the road and to sell the lots by metes and bounds. He is now before the Council before the roads are built for consideration on road locations; but he is not willing to plat that land as he has tried doing that for the last 2t years. Mr. Babcock also stated there is nothing in the State law that requires a dedication for park purposes. The Council may request a buffer around the cemetery; it cannot require Mr. Smith to dedicate the land. As this particular procedure is not addressed in the Statutes, he felt as a practical matter it would probably be wise to respond to Mr. Smith, as he is asking what he should do. However, there is nothing that says that the Council has to accept the road once it is built. But if it is in conformity or can be made to conform, this man does have an opportunity and the right to develop his land. Councilperson Lachinski stated there is no procedure to handle this type of request; and if the P & Z wants this type of thing to occur, it should be built into the Ordinance. Mr. R€tzlaff stated the P & Z is not in favor of this method of subdivision and would pre- fer to see this platted into 5-acre lots. He felt that nothing additional would be accomplished under the current Ordinance if this entire matter waa referred back to the P & Z. They had looked at the preliminary plan previously and addressed similar accesses as to what is shown here; then this location was reviewed as to characteristics of the Ian; the Addition to the west, the proximi:ty,.- to Seventh Avenue and l65th, and made a recommendation as to a change in the location. Also discussed by the P & Z was the length of the proposed lot for its intended use. The P & Z recommended the road entrance to the north be moved to within 300 or 330 feet to the west so that it did not access onto the curb. But that was before the County Road Department addressed the question and okayed both alternative road locations. Mr. Smith stated the reason he preferred Alternative 2 (road extending straight to the north) is to make the metes and bounds lot legal descriptions less lengthy. Also, there would be a lot wider road area at the intersection if the road extended straight north. ... Regular City Council Meeting March 21, 1978 - Minutes Page 5 (Road Locations - Ron Smith, Continued) Mr. Kasma agreed with the Planning Commission's recommendation, Mr. Stockwell's re- commendation, and the County Highway Department's preference for moving the road over. Mr. Kasma was directed to talk with Mr. Ruud of the County Highway Department to get his thoughts on i~ and he will make a formal recommendation to the Council. Councilperson Vanderlaan felt that until lot configurations are indicated, it cannot be specifically determined exactly what amount of buffer area the City would require around the cemetery. Mr. Smith felt there was no reason to draw lot lines until the road situation is resolved; he is willing to go along with whatever the City decides and he is willing to .have..'- the Attorn ey draw up the necessary documentation to dedicate a 30-foot right of way to the Staples Cemetery with a 50-foot buffer area around it. He felt the right of way should come in from Seventh Avenue. Councilperson Lachinski stated he didn't care to make any decision on that road until a procedure for handling this type of situation is determined. This will be put on the next Rëgular City Council's Agenda. Ten-Minute recess at 9:35 p.m. Hall Rental - Mt. Olivet Lutheran Church This item was carried over until the next Regularly Scheduled Council meeting, as there was no representative present from Mt. Olivet Lutheran Church. Easements - Donald Hallblade Discussion was on the fact that the drainage pattern in question existed from the old plat. Mr. Kasma explained when a developer comes in with a p1t, as Mr. Hallbade did in this case, we make him give easements for drainage. Apparently this is the way ~~. Stockwell viewed the situation when giving his recommendation. The City was satisfied with the drainage as it was; the lot split was treated as a developer coming in rather than as a City- imnrovement project. ~~. Kasma didn't think there was ever" any intention to obtain an easement for that natural drainage ditch. But with it now subdivided, there is no question an easement is needed. Had it originallY been required, the acquisition of easements would have been part of the Green Acres project, but it was not. Mayor Windschitl noted that in the pastthe City has always taken the position that the developer must give the City any easements needed to make his property SUbdividable, which is just the part of the cost of getting the land subdivided. No Council action was taken. Award Contracts - Signs MOTION by Lachinski, Seconded by Orttel, entering a Resolution accepting bids and awarding contract for highway control signs and signposts...(See Resolution R28-8) Motion carried unanimously. 1977 - Condemnations MOTION by Lachinski, Seconded by McClure, entering Resolution directing condemnation... (see Resolution R29-8) Motion carried unanimously. Koleber Sewer Problem Mr. Koleber stated the septic system had not yet been pumped. He questioned who is actually resnonsible for the problem as the system was put in in July, 1974; and it was inspected and a'Pproved" He had no problems with the system until the sanitary sewer project was done Regùlar City Council Meeting March 21, 1978 - Minutes Pal':e 6 (Koleber Sewer Problem, Continued) when they broke into the draina~system during construction. He lodged a complaint about it at that time. Mr. Clough and Mr. Stockwell both looked at it but stated since it was on City þroperty, they were not responsible for it. Mr. Koleber had talked with the County about financial assistance, but was told there are no more funds available for this area. Discussion was on resolving the problem and the various alternatives available to theCity and to Mr. Ko1eber and the costs involved. Mr. Kasma felt that generally a sanitary system can be hooked up most any time of the year. Mr. Babcock stated there is a pro- vision in the State Statutes stating if an owner will contract with the City to pay in- stallments over a period of years, up to 30 years, in the event that the payments are not made, the City may certify them to the treasurer for payment with the taxes. But in the event they are made, they would automatically be made to the City office just like any other bill paid here. Mr. Ko1eber was agreeable to some agreement of this sort, as the reason he didn't hook up previously was because he was financially unable to do so. He will meet with Mr. Babcock this week to sign an agreement. The Clerk was directed to get several quotes as to how much actual connection charges would be; permits and the SAC charge and actual' . connection charge would be included in this agreement. It was hoped work could begin by the end of this week to avoid having to pump the septic tank. (Reference letters from the City Clerk, March 21, 1978, to the City Council; letter to Mr. and Mrs. Ko1eber, March 7, 1978; and the discussion from Mr. Ko1eber regarding the possible damage to the system as indicated by him.) MOTION by VanderLaan, Seconded by Orttel, introducing a Resolution: Whereas the City Council recognizes that a serious health hazard exists at the residence of Gary L. and Joann L. Ko1eber, 13859 Northwood Drive, Andover, Minnesota, by virtue of an open drain field emitting raw sewage; and whereas the landowners are desirous of and need assistance in order to enable them to make immediate connection to the City sanitary sewer system, The City Council, City of Andover, therefore resolves that the Clerk and the Mayor be authorized to enter into an agreement with Gary L. and Joann L. Ko1eber, at 13859 Northwood Drive, Andover, for the connection, permit fees, and SAC charges of a sanitary sewer. Be it resolved that the costs for the connection shall be approved by the City Engineer, and that the said costs shall be payable in 5 annual installments due on August 1 of each year commencing August 1, 1979, together with interest on the unpaid balance at 6.25 per- cent and that additionally, the City Council request allowance by the property owner to enter on the property for said installment. (See Resolution R30-8) Motion carried unanimously. Accentance of Cemetery MOTION by VanderLa~, Seconded by Ortte1, that the City Council, City of Andover, upon receipt of a qui claim deed from the property owner accept title to the property described as the Staples Cemetery located on the referenced Hunt farm off County Road 7. (See Resolution R31-8) Motion carried unanimously. Planning and Zoninl': Commission - Meetinl': Attendance Mr. Retzlaff stated the Commission wanted to be in concurrence with the City Council in t2t they wish to make some rules regarding attendance and the number of meetings a Commissioner is allowed to miss; as they are currently working without a Commissioner who has not been attending meetings. Mayor Windschitl stated it is within the Commission's realm to set their own rules of operation; and setting a rule for attendance would seem to be appropriate. !~. Babcock felt that that might be best handled as an Amendment to the Ordinance. He will investigate this matter further. Re~ular City Council Meeting March 21, 1978 - Minutes Pa~e 7 Park and Recreation Commission - Tennis Courts/Gradin~/Location MOTION by Orttel, Seconded by McClure, that the City Council authorize the Clerk to proceed with the grading of the tennis court site with work to be done by Mr. Burton Kraabel at a cost of $900. Motion carried unanimously. Wes Mand, Chairman of the Park/Recrention Commission, stated that at the Public Hearing held by the Park Board on ~~rch 13, 1978, on the location of the 1978 Tennis Court, not many people attended; but the general consensus was the only objection to putting the courts in Northwoods was the additional traffic generated on the streets. The Park Board, therefore, recommends to proceed with the tennis courts in the Northwoods site as originally proposed. Lighting was discussed, and subsequently ¥~. ¥~nd discussed it with the park planner. They felt the best alternative would be to make a removable lighting system; possibly havin~ one li~ht swivel so it would illuminate a skating rink adjacent to it in the winter. Mayor Windschitl su~gested that TKDA give a competitive bid for drawing up plans and specifications and managing construction of the courts. He felt that we already own a set of plans, and we shouldn't have to be billed for another new set of plans. MOTION by Orttel, Seconded by Lachinski, that the Northwoods Park be selected as the site for a double tennis court - 1978. Motion carried unanimously~. MOTION by Lachinski, Seconded by McClure, to direct the City Clerk to have plans and specifications prepared and to seek bids for the tennis court at the Northwoods site. Motion carried unanimously._ Community School Representative Nancy Ha~eman reviewed the courses that will be offered at the Community School for the sprin~ program at Crooked Lake School, which has been expanded based on the feedback received from students and adults in the community. The bulletin is distributed to peqle living within District 15 within the City of Andover, and it is given to students at Crooked Lake School. She was not aware that there are students living in Andover who attend McKinley grade school, and she will see if these can be mailed to them. Also, the Community School bulletin for the entire district is mailed out to every resident in the district as well. She also summarized enrollment figures for the winter program. Ms. Ha~eman also reported the Advisory Council has met with Paul Ruud about the crossing area by the school. Mr. Ruud had explained to them that a safety study had just been authorized and what might be done. AlternativESsuggested were to put an enforceable speed limit there, which has only minimal affects; put in one sidewalk that would lead across the street; install better lighting; or install a push-button light, which is the most expensive option. Fire Department - Fill Sites Vic Evens, Fire Chief, stated it was his feeling and that of the others on the Equipment Committee within the Department, that the value of this truck is not so great as the amount of grief it may be causing. Any discussion theCouncil has on the fill being brou~ht into the City should be discussed on its own merits. The Clerk explained that in the a~reement presented by Columbia Heights, they do not agree to furnish the equipment or material cover, and they wanted a la-year contract. She felt this could become very costly to the City. MOTION by VanderLaan, Seconded by Orttel, that as the Agreement drafted by the City of Columbia Heights is not acceptable to the City of Andover regarding the dumping of materials in fill sites within the City, the City of Andover indicates that it is no longer interested in further negotiations with the City of Columbia Hei~hts for the procurement of the pumper truck. VOTE ON MOTIOII: YES-Orttel, VanderLaan, Windschitl; NO-Lachinski, McClure Motion carried.. Re~ùlar City Council Meeting ~arch 21, 197A - Minutes ra~e !J Fire Department - Bids for Tank Mr. Evans presented the Council with a quote from Jet-Son Iron Works recommended by the Fire Departmept Eouipment Committee. This particular tank is one that the Department of ~atural Resources ~ave us a complete set of engineering drawings for. It is a 1,000- ~allon tank, rectan~ular shaped, low profile, and sits directly on the chasis. It will not only give a tanker capability but will also be able to fight brush fires. The tank also includes a place for two reels to be mounted in. The sandblastin~ and epoxy paint is not included in the price of $3,050 because after construction there is some plumbing to be done on it. With that welding, the coating on the inside would get burned off anyway, After that work is completed, the Fire Department will do the sandblasting and painting itself. Mr. Evans will have all quotes for this tank on file. MOTIO~ by Orttel, Seconded by McClure, that the City Council authorize the expenditure of ~3,050 for the Fire Department to purchase a water tank for the 6-wheel drive x-D~~ vehicle. VOTE O~ MOTION: YES-Lachinski, McClure, Orttel, Windschitl; NO-VanderLaan Motion carried. Councilperson VanderLaan _ As I did not approve the original acquisition of the vehicle as a wise purchase or addition to the Fire Department, I am hard-pressed to authorize or approve the expenditure of ~3,050 to upgrade the vehicle. En~ineer Report Mr. Kasma summarized the letter of March 17, 1978, from TKDA noting that Rex Stockwell is terminating employment with TKDA. He introduced Chuck Wetzler, who will replace Mr. Stockwell, and explained he intends to continue attending Council meetings until further direction is given by the Council. Mr. Wetzler then gave a brief background of his ex'Ceriences. Capital Improvements Committee Discussion was on the forms developed by the CIP to be filled out by departments or committees requesting funding for projects. Councilperson VanderLaan suggested the wording en tlae::e 1. Item 2, "why requested" possibly be changed to read: "documentation of need,'f Since this is just a working form for the Committee, it was determined it does not need Council approval. When a recommendation is made to the Council, it will be presented with all the supportive data, which may include this form. Councilperson Lachinski didn't feel the CIl" should be bringing projects before the Council for approval unless they have at least addressed all the other projects that are waiting to be acted upon. He would like to see the CIP prioritize a list of all projects that are being requested with the recommended financing on them and an explanation as to why the funding is suggested this way as opposed to some other method. Discussion was that the guidelines established by the Capital Improvements Committee does reouire Council approval. Councilperson Orttel stated the Committee is developing a l- and a 5-year Capital Improvements Program at which time they will prioritize projects, MOTION by McClure, Seconded by Orttel, that the Council approve the Capital Improvements Committee Guidelines as submitted. Motion carried unanimously. Jun1<vards Ms. Lindnuist refermœd the letter of March 15, 1978, from W. G. Hawkins, Attorney, regarding the jun1<yards, stating she will work with Mr. tlawkins in drawing up the written findings ~ fact, conclusions anò an order to comply with the requirements of the Minnesota State law; ·Re~ular City Council Meeting March 21, 1978 - Minutes Pa~e 9 (Junkyards, Continued) however, it is ths Council's decision as to whether or not they feel there is sufficient evidence to ~rant JelHson and Bob's Auto Parts a temporary junkyard license or whether o~ not to deny them the license. Points discussed were the question of the justification of ~anting a license for these two yards and not for the rest; are they making a good- faith effort to comply; they have made more of an effort than others to comply; but they still have not finished in the time allowed. The Clerk noted that in Jellison's case, tbey had to move the entire operation,over and Mr. Pears did have to tear down his front fence to build the new building. MOTION BY McClure, Seconded by Lachinski, that the Council deny licenses for salvage operations for Jellison and Bob's Auto Parts and further direct the City Attorney to take legal actions to prosecute. Discussion: The Clerk stated all other junkyard operations are being prosecuted except for the new ones in operation. Motion carried unanimously. Closin~ Date - Engineer Applications MOTION by Lachinski, Seconded by Orttel, to close the advertisements for City Engineer/ Administrator April I, 1978. VOTE 0>; MOTION: YES-Lachinski, McClure, Orttel, VanderLaan; PRESENT-Windschitl Motion carried. Personnel Referrals (Memo from City Clerk dated March 9, 1978) MOTION by Lachinski, Seconded by Orttel, to refer the matters cited by the Clerk to the Personnel Committee. Motion carried unanimously. ~A - Muscovitz MOTION by VanderLaan, Seconded by Orttel, that the Council authorize Bob Muscovitz to attend Minnesota Park Supervisors Association Spring meeting - 1978 on Thursday, April 6, 1978, to allow cost of $7.50 registration and to allow Mr. Muscovitz mileage to attend. Motion carried unanimously. Certification School - Lindouist MOTION by McClure, Seconded by vanderLaan, that the Council approve the attendance by the City Clerk to the Minnesota Municipal Clerk's Institute Conference April 17 through 21, 1978, University of Minnesota, and authorize mileage and $160 registration fee. Motion carried unanimously. Approval of Minutes Mayor Windschitl declared that the Minutes of February 21. 1978, March 2, 1978, and March 7. 1978, are approved as written. Approval of Claims MOTION by McClure, Seconded by Orttel, to approve Check numbers 1721 through 1738 for a total of $7,344.13. Motion carried unanimously. MOTION by Orttel, Seconded by McClure, to adjourn. Motion carried unanimously. Meeting adjourned at 12:07 a.m. Respectfully submitted, ~ /1\11 \'~~~k Marcella A. Peach Recording Secretary