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Page 3 December 23, 1974 Mayor Neisen directed the administrator to properly notify property owners within 250 feet of the Center, to publish legal notice of the hearing in the New Brighton Bulletin, and to request the presence of a representative from both the fire and police departments at the hearing. The regular meeting was called back to order at 8:49 p.m. Councilman Hodges' Report Councilman Hodges stated that he had learned that the council could appoint a new civil defense director at any time. Councilman Johnson's Report Councilman Johnson stated he attended the December Ramsey County League meeting on mass transportation in the Twin Cities. Councilman Baumgartner's Report Councilman Baumgartner read the minutes of the Planning Commission meeting of December 18, 1974. Attorney Meyers stated the Payne and Schroeder properties on Eastwood had been subdivided by the city with only a verbal agreement from Mr. Payne that he would remove the structure standing on the new property line. Mr. Doug Schroeder, 8051 Eastwood stated that at the time of closing the pur- chase of his property, Mr. Payne promised to remove the structure to conform to city code. He stated that his attorney told him he had no legal grounds to seek redress from Mr. Payne and that he could only seek redress from the city for allowing the subdivision. He stated that the structure on the Payne property has a slab foundation which extends six inches onto his property and that the gas meter for that structure is also on his property. Attorney Meyers stated that if the city were sued by Mr. Schroeder, Mr. Payne would be pulled in as a partner by the city in the suit. Mayor Neisen directed the administrator to have the building inspector investi- gate the property and to detail any and all ordinance violations. Attorney Meyers stated that this was probably the best course of action. A thorough investigation should be made and Mr. Payne notified. Councilman Baumgartner asked that the building inspector make this investigation as soon as possible. Mayor Neisen stated that he had to leave for another meeting and turned the meeting over to acting mayor Hodges at 9:00 p.m. Councilman Johnson stated that this problem illustrates that the city needs some administrative procedure to prevent such problems in the future. Attorney Meyers stated that a possible way to prevent it might be to issue preliminary approval of the subdivision or variance, then require a legal survey be made before the Planning Commission grants final approval. Barbara Haake suggested that a check list of requirements to be followed in these situations would be helpful to the Planning Commission. Engineer Bearden stated that now would be a good time to insert any precautions in the zoning ordinance while it is being revised.