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HomeMy WebLinkAboutCC January 6, 1976 CITY 01 ANDOVER REGULAR CITY COUNCIL MEETING - JANUARY 6, 1976 MINUTES The Regular Bi-Monthly Meeting of the Andover City Council was called to order by Mayor Richard J. Schneider, January 6, 1976, 7 :40 P. M., at the Andover City Hall, 1685 Crosstown Boulevard N. W., Anoka, Minnesota. Councilpersons Present: Holasek, Rither, Winds chitl, VanderLaan Councilpersons Absent: None Also Present: City Engineer, D. R. Kasma; City Attorney, William G. Hawkins; City Administrator, N. J. Werner; City Clerk, Patricia K. Lindquist; Planning and Zoning Chairman, David Jack; and several residents. Agenda Approval MOTION by VanderLaan, seconded by Holasek, to add Items 2A-5 (Œficial Bonds for Clerk/ Treasurer, 5-2 (Non_Intoxicating Malt Liquor On and Off Sale Licenses, 9-6 (Warming House), 3-1 (November 4 Minutes). Carried Unanimously. Continued Public Hearing _ Community Development Block Grant Engineer Kasma reviewed the discus sion and action taken at the December 10 Meeting. Emphasized was the importance of selecting a project that would benefit the low and moderate income residents. Allen Chapman, property owner in Andover, who works with grants of this type for communities outside of the metropolitan area, confirmed the statements made by Engineer Kasma relative to the low and moderate income residents benefit being almost essential in the Grant Application. ¡ Green Acres Sanitary Sewer Project was suggested by Councilperson Rither for possible consid~,ration. After some discussion, Mr. Kasma was directed to contact local and county agencies to ascertain the justification in applying for a grant for the Grben Acres Sanitary Sewer. MOTION by wJdschitl, seconded by Holasek, to close the Public Hearing on the Community Development Block Grant to citizen input. Discussion on the , time element in investigating and making application for a grant. Engineer Kasma suggested leavin'g the Public Hearing open until he had secured further information on the Green Acres question. Motion withdrawn. \ MOTION by VanderLaan, seconded by Rither, to continue the Public Hearing on the Community Development Block Grant to January 20, 1976, 8:00 P.M" at the Andover City Hall, 1685 Crosstown Boulevard N. W. Anoka, Minnesota. Motion carried unanimohsly. ¡ Regular City Council Meeting - 1/6/76 Minutes - Page 2 Annual Business MOTION by Rither, seconded by V,mderLaan, to adopt a resolution designating 0. \ First National Bank, Twin City Federal, and State Bank of Anoka as official \. depositories for the City of Andover, listing approved collate ral. Motion carried unanimously. MOTION by Rither, seconded by Windschitl, to adopt a resolution designating the \',;VAnoka County Union as the official newspaper for the City of Andover. Motion carried unanimously. MOTION by Rither, seconded by VanderLaan, to designate Councilperson VanderLaan as Acting. Mayor. MOTION by Holasek, seconded by Windschitl, to designate Councilperson Windschitl as Acting Mayor. MOTION by Rither, seconded by Holasek, to close the nominations for Acting Mayor. Motion carried unanimously. Vote: (Vander Laan)- Rither, Vander Laan. Vote: (Windschitl) - Schneider, Holasek, Windschitl. Councilperson Windschitl designated as Acting Mayor. MOTION by VanderLaan, seconded by Rither, that the City Council temporarily re-appoint all persons to commissions, committees and boards until such time as the Council is able to evaluate and review members of said committees. Motion carried unanimously. 1 MOTION by VanderLaan, seconded by Rither, that March 4, 1976, be designated I as a meeting date for a Special City Council Meeting at which time all members of , boards and commissions for the City of Andover will be reviewed, and if possible, interviews will be held for replacements into vacant positions. Motion carried unanimously. The staff was directed to follow the Selection Criteria in advertising I in local pfficial newspaper and on the local radio station for applicants for the Planning and Zoning Commission and the Parks/Recreation Commission. , I I The staff was directed to verify with the City Insurance Carrier, the pos sibility of combining the Clerk and Treasurer1s Bonds inasmuch as the position was I combined; and that the Council be advised of the findings, and this be placed on I . the agenda for the next meetIng. Minute Approval November 4. 1975 Page 4 - See December 2, 1975 Minutes for corrections. Regular City Council Meeting - 1/6/76 Minutes - Page 3 Minute Approval (continued) November 4, 1975 comments Page 5 (Coon Creek Drive) - Correct CouncilpersonWindschitl' S^to the following: (written corrections by l. Received complaints from other residents about Councilperson Windschitl) drainage problem or tree removal problem on South Coon Creek Drive and Uplander Street. 2. Upon arrival at the meeting, was informed of the solution of the tree removal problem by the City Engineer, and did not discuss the engineer's solution to the tree removal problem with Mayor Schneider or make any suggestions to the manner of resolving the tree removal problem. Inquired of the City Engineer if his solution was final, as some of the residents wanted to be notified of the solution, as they were not able to attend the meeting (t hey had been notified of the meeting), due to work or being out of town. - Add to Mayor Schneider's comments, the following: A.. Councilpersbn Windschitl arrived at the meeting upon notification by the Road Supervisor, - Add... (traascript by In reply to a question from the Chairman of the Councilperson VanderLaan) Planning and Zoning Commission, Dave Jack, as to whether the situation described constituted a violation of the Open ·.Meeting law, Attorney Hawkins indicated, in his opinion, Councilpersons who meet at a site on which work having been authorized, is completed or who meet at a project under jurisdiction i of the Building Inspection Department's responsibilities, ! would not be in violation of the Open Meeting Law. November 25, :1975 Page I (Coon Creek Watershed Meeting) - Correct 'November' to 'December'. Page 4 (Future Budget Meeting) - " " " " . 4 (Salaries, Item 6) - Correct to 'Deputy Treasurer (par!..-time)' ! December 2, 1975 Page 2 (Request for Park Board Tape Transcriptions) - Motion incorrectly stated i by maker. listing two (2) Park Board Tapes. (Only I I one tape exists covering two meetings.) i I I Page 3 (l74th Avenue Public Hfaring) _ Add to Councilperson Holasek's first comment: 'In response to a question from a resident, he thought the owners could do. . . . . . . . . . . . Regular Council Meeting - 1/6/76 Minutes - Page 4 Minute Approval (continued) December 2, 1975 (continued) Page 3 (174th Avenue Public Hearing) - Add to Councilperson Holasek's second comment: . " . property owners pay for local improvement projects under special.. . . . .. . .. Page 5 (Feasibility Report) - Second motion - correct 'preliminary plans' to , final plans'. Page 6 (Heidelberger) - Insert after 'and that' on line 7.... 'the City follow the recommendation of Park Board Chairman, Jerry Lapham and........... Decembe r 4, 1975 Correct as written. December 8, 1975 Page 2 (Rural Planning Area) - Correct 'your' to 'his'. December 10, 1975 Page 2 (HUD Grant Hearing) _ Correct speaker on questions 1,2,3,4,5 from Lapbam to 'Windschitl'. Page 5 (HUD Grant Hearing) _ Add to motion by Windschitl after 'purchase', and development. Throughout Correct 'Program Lands' to Programmed Lands. December 16. 1976 Page 2 (l74th Avenue Hearing)- Add Council comments as follows: Councilperson VanderLaan - Stated that in the presentation of the original petition, it indicated that a need was present for a solution to a problem. Class #5 Gravel was the cheapest way to go; and that we have testimony showing that costs are going up. and that no-one likes to assess, but it is the Council's job to see to it that the citizens have a quality living; and noted that many times residents are afraid to step forward and say "yes", but as noted in testimony, did say "it doesn't matter if we do or don't". Councilperson Rither _ Questioned the change in the feelings of the residents between September 3 and the present; and stated that he shared Councilperson Holasek's concern in that this has happened before, however, it is up to the Council to see a problem and enact a solution, and along with that goes certain expenses which sometime make it difficult for the residents and the Council to act positively-decision must be based on the original request to solve a problem. Regular Council Meeting _ 1/6/76 Minutes - Page 5 Approval of Minutes (continued) December 16, 1975 (continued) Page 2 - (174th Avenue Hearing) - Councilperson Holasek _ Stated that inasmuch as the citizens had requested that something be done, and the Council had honored that request by ordering the feasibility report and holding the public hearings and had spent:. monies for same; and as in the past with other such problems. they could re-occur, and the entire process and expense would start again. Did not feel sure that the majority of the residents opposed the project. Councilperson Windschitl - Stated that the City Council was dealing with a local issue, and that the people from the are<t-know best what they want and could not see "jamming" it down their throat s, inasmuch as there were at least five persons that did not want it and two that were neutral-dealing with only three in favor. Mayor Schneider - Stated that he did not I wish to go against the majority, and although I ten persons signed for the project, they were I not aware of the costs, and when they became aware, they changed their minds. ¡ Page 5 (Community Quh.Property) - Correct discussion after motion to read..... "Councilperson Holasek .. . .. . " .. . ., ; and asked what the $1.000 in the previous motion was for, and when told fencing, stated that he did not believe this would cover it. December 18, 1975 Page I (last par,agraph) _ Correct' government' to ')iátershed Board'. Page 3 (Other Business) _ Discussion on the drainage problem, however, motion to remain as written. Details covering could be reviewed on meeting tapes. MOTION by VanderLaan, seconded by Rither, to approve the minutes of November 4,25, December 2, 4, I as corrected. 8,110, and 18, Motion carried unanimously. Regular Council Meeting - 1/6/76 Minutes - Page 6 Municipal Construction School MOTION by Windschitl, seconded by Holasek, that James Thurston be allowed to attend the Municipal Construction School beginning January 29; and the City shall pay the $45.00 tuition fee for the course. Motion carried unanimously. Non-Intoxicating Malt Liquor Licenses MOTION by VanderLaan, seconded by Windschitl, to approve the Non-Intoxicating Malt Liquor On and Off Sale Licenses for Hockey's Inn, and the Non-Intoxicating Malt Liquor Off Sale License for Nemeth's Grocery. Vote: Yes _ Schneider, Rither, VanderLaan, Windschitl; No - Holasek. Motion carried. Parks and Recreations Commission Resolution and Policy The Council received the proposed Resolution Establishing an Andover Parks and Recreation Commission and Defining Duties and Responsibilities Thereof; and suggested the following changes: Section 5, Subdivision 11 _ Councilperson Rither requested that it be clear that it is th'echairman who will be named to co_ordinate with the administrator and assistant administrator. ! , Add. .. .. . . . .'maintenance and construction of city parks. ., . . . . Section 6, Subdivision 5 - Correct to read "'through December 31, 1978, December 31, ¡1977, and December 31, 1976". \ Section 6. Subdivisions 1 & 3 - Correct to read. . . . "City Council by a majority vote shall appoint and/or remove the Commission Chairman and the individual Commission Members." I. Section 6, Subdivision 7 - Change to read... .. "Commission Members shall receive a perdiem compensation to cover incidental expenses, not to exceed I $100 per year per member. 1 Also covered was the proposed Selection Process/Parks and Recreation Commission, with the following suggested corrections and changes: I Page 2, Subsection 2-B - Correct to read..... "address". \ Page 3 - MOTIONby VanderLaan, seconded by Rither, that municipal experience should be included in the resume. Vote: Yes - Rither, VanderLaan; No - Schneider. Holasek, Winds~hitl -(Felt that this was not necessary and may be a deterrent to a ppli cants, ) Motion defeated - leave as proposed. Page 5. Section 8 _ Correct 'a' to 'as'. Regular City Council Meeting - 1/6/76 Minutes - Page 7 Parks and Recreation Commission (continued) MOTION by VanderLaan, seconded by Windschitl, that the Selection Process Criteria for the Parks and Recreation Commission be adopted as corrected by the City Council. Motion carried unanimously. Attorney Hawkins advised that the Resolution Establishing the Commission could be made retroactive to January 1, 1976. This in reply to discussion on the proper time to adopt this resolution. MOTION by Rither, seconded by VanderLaan, to continue discus sion on the Resolution Establishing an Andover Parks and Recreation Commission unti 1 such time as the City Council has made the final decision relative to the appointments to the Commission. Councilperson Holasek stated that he did not see what the delay would accomplish. Vote: Yes - Schneider,' Rither, VanderLaan, Windschitl; No - Holasek. Motion carried. The staff was directed to run the ad three times in the Official Newspaper, if possible have it broadcast at least three times, and if the Newsletter is circulated at a time when vacancies occur, to indicate in it that such vacancies are open. Roger Nutt - 75-1 (Deletion Request) Engineer Kasma read a letter to the City Council, dated December 29, covering Mr. Nutt's request that the sanitary sewer in front of his property be deleted from the project at this time. (Exhibit "A" attached). Mr. Nutt stated to the Council that he did not want or need the sanitary sewer, nor , did Mr. Foster to the north of his property; and believed that it would be many years before Mr. Menkveld developed the open land. I Engineer Kasma recommended that Mr. Nutt's property be included for the reaSOns , listed in the aforementioned letter to the City Council. ¡ No action taken, hence project remains as originally accepted. , ¡ Storm Drainage Plan , Engineer Kasma suggested that a special meeting be held on the Comprehensive Storm Drainage Plan, inasmuch as it was imperative that a plan be adopted to meet the regulations and requirements of the Coon Creek Watershed District; and also mentioned the possibility of including this in the F. H. A. Grant Application. i Councilperson Wiridschitl stated that due to discrepancies in the 1976 Budget, the budget itseU must be settled before any additional items requiring an expenditure could be discussed. Regular Counci. .,feeting _ .,0/76 Minutes - Page 8 Storm Drainage Plan (continued) MOTION by VanderLaan, seconded by Rither, to set February 5, 1976, as the date for a Special Meeting to discuss the 1975 and 1976 Budgets; to be included On the agenda are the cost overrun on 75-2, the memo noting that the $9,500 in administrative fees on 75 -1 will not be allowed in 1975, and also the possibility of not being able to include the %' s for administrative costs as recommended by the administrator for 75-1 and other 1976 projects in the 1976 Revenue Budget. Motion carried unanimously. MOTION by Rither, seconded by Vander Laan, that the City Council meet on February 16, 7:30 P.M., to discuss the Comprehensive Storm Drainage Plan and the Minnesota State Aid Highway Program for 1976; and that the agenda be restricted to these two items. Discussion ensued relative to the fact that one councilperson would be unable to attend and the importance of this meeting. > Motion withdrawn. MOTION by Windschitl, seconded by Rither, to place on the February 3 Agenda, the proposed M. S.A.H. Report by the City Engineer. Vote: Yes - Holasek, Rither, VanderLaan, Winds chitl; No - Schneider (Felt that this should be handled sooner. ) Motion carried. MOTION by Windschitl, seconded by Rither, to place on the February 17 Agenda, the Comprehensive Storm Drainage Plan by the City Engineer. Councilperson Rither suggested that the agenda be restricted and possibly hold a continued meeting on February 19 to discus s administrative items. Motion carried unanimously. Audette Brothers Addition Preliminary Plat MOTION by Windschitl, seconded by Holasek. that the Preliminary Plat of Audette Brothers:Addition be approved with the understanding that the park dedication fee of $498.40 be 'paid on lots one through four. Motion carried unanimously. MOTION by Rither, seconded by Holasek, that due to circumstances surrounding , the original application for the variance, and the fact that it was not necessary and no expenses were incurred by the City in the applicationof Thomas L. and J. Audette. the Clerk/Treasurer be directed to return the Variance Request fee. , Motion carried unanimously. i Lions Club Agreer'nent ¡ Attorney Hawkins 1nformed the Council that a "lease" was the only manner in which this could be handled. It was noted that the "Dramshop Law" would not be applicable' to the City; and that the law requires that the City must receive some sort of compensation. Discussion was had on the amount of compensation, accrual of same, term of leas~ etc. It was felt that 15% of the total net proceeds that have been accrued, reduced by any improvements made, represented a fair figure for the 12 x 20 piece of property to be leased. Attorney Hawkins was directed to draw up a proposed lease for presentation and review at the February 3 Meeting. II " --- ._- " :1 , - ---" ! ): ,. .--- -- -~ ,- , ~ ,. ----- '¡Ii" ---- --- -¡ ! ~ -- -' " ¡I I Regular City C¿'uncil Meeting - 1/6/76 Minutes - Page 9 Andover Community Club Building Attorney Hawkins reported that the abstract costs were approximately $100 higher than originally estimated. It was agreed that a motion was not necessary to approve the additional expenditure, but to simply approve the claim when it was presented. Agenda Items to be Handled MOTION by VanderLaan to delete Items 8-3 (Unresolved Claims), 9-1 (Police Contract) 9-2 (Animal Control Contract), 9-4 (Public Utilities Operating Budget). and placed on a future agenda by the administrator ~IEing his judgement accordingly with respect to the impact on the budget. No second - motion died, MOTION by Windschitl, tQ delete' Items 8-3, 9-2. 9-3, and 9-4. No second - motion dies. MOTION by Windschitl, seconded by VanderLaan, to delete Items 8-3, 9-2, and 9-4. Motion carried unanimously. Police Contract It was noted that the budget would have to be in order before any decision could be made. MOTION by VanderLaan, seconded by Windschitl, to invite Sheriff Talbot to the next meeting on January 20, to discuss the Police Budget. Motion carried unanimously. Probationary Increase , MOTION by VanderLaan, seconded by Windschitl, to increase the salary of Jean Babcock by l5~ per hour, effective January 1, 1976. Motion carried unanimously. I I Employee Replacement 1 Discussion on necessity and time limit on the employment of a Building Official by the City, and¡ the certification of Mr. Thurston. Also discussed was the possible reclassification of duties in the various administrative departments, and a complete inveiÜory of present personnel. MOTION by Rither, seconded by Windschitl, thatl the City Council meet on January 13, (',¡:3 0 P. M., at the City Hall, to discuss the questions of administrative in relationship to the staff, and that this meeting be devoted to determining what our needs are at this time; and with that in mind the staff give us a preliminary presentation of the things which are anticipated . , Motion carried unanimously. for the commg year. Warming House Mr. Lapham and Mr. Rzeszutek of the Park and Recreation Commission informed the Council that a relocated garage was available at nO charge to the City, which could be used as a warming house at the Community Center. Discussed was the location and structural.. ,·c·,:¡dness of the building. The staff wa s di re cted to Regular City Council Meeting - 1/6/76 Minutes - Page lO Warming House (continued) contact the Insurance Agent and verify coverage. MOTION by Holasek, seconded by Schneider, that the Parks and Recreation Commis sion be allowed to move the garage to the Community Center to use as a temporary shelter, provided that the Duilding Inspector's examination shows that it is structurally sound for occupancy and that adequate insurance shall cover it before anyone uses it; the opinion on the insurance to be secured before the building is moved to the Community Center Site. MOTION AMEN DED by VanderLaan, seconded by Holasek, that the provisions of Ordinance #4 be waived inasmuch as all rnoving will be over County roads. Amendment and motion carried unanimously. Payment of Claims MOTION by Windschitl, seconded by Holasek, that the City Council approve claims for payment as follows: General Fund _ #522 through #541 - $20,901. 93 75-1 Improvement - #126 through #129 _ $26,066.86 75-2 Impro~ement - #129 through #130 - $1,248.36. i Motion carried: unanimously. I Adjournment MOTION by Windschitl, seconded by Rither, to adjourn. Motion carried unanimously. I Meeting adjourned: 2:00 A. M., January 7, 1976. '~ Patricia K. Clerk AI~ \ TKDA Tom, KING, DUVALL,ANDERSON AND ASSOCIATES INCORPORATED M E M D R A N D U M To: 'I!'f, Andover City Council Copies To: Mr Werner. Arntzen. Nutt. ¿ Lindquist . / From: Mr. DuWayne Kasma Oat e : December 29 197 5 . Reference: 1975-1 Sanitary Sewer Project COMMISSION NO. 6266 At thl request of Mr. Norman Werner we are writing to make our recom- mendation regarding the sanitary sewer service to the Roger Nutt property located on Bunker Lake Boulevard. On Dlcenlber la, 1975 Mr and Mrs. Roger Nutt met with the Council and requested that we delete the sanitary sewer line crossing their property since they are ani the end of the current project. This would involve deleting 165 feet of 18" sew~r pipe from the current project. On Dlcember 12, 1975 we received a letter from Austin P. Keller Construction , Company agreeing to delete the 165 feet of pipe from the project without any com- pensation. I 1975, I called Mr. Gilbert Menkveld, owner of the property On December 16, , on the north side of Bunker Lake Boulevard just east of the current project termin- ation point. Mr. ,Menkveld was not available, but his assistant stated they have plans to deyelop the property in 1976. I realize that developers do not always per- form on schedule. However, they definitely have plans to develop in the near future. On Dlcember 22, 1975 we received word from the Farmers Home Administration that loan m~nl~Y may not h(~ availablt, for spring construction.. I' - I( ':COM M ':NDA'I'ION We ""COIl1l11<'n<l that lhc City Council continue lo include lhe Null properly in till' 1 ')75-1 Construction Program. In summary my reasons for this recommenda- tion are as follows: 'Ii' 1 ) City ha~ FHA financing over 30 year period at 5% which is the best possible. - MEMORANDUM Andover City Council December 29, 1975 Page Two 2) Mr. Menkveld may develop his prpperty soon resulting in the need to serve the Nutt property. 3) It is good policy to serve all of one property during one constructi on program. The property on the north side of the road would not be all served if we delete the Nutt property. 4) T"e Contractors unit price for the 18" sanitary sewer at $32.00 per linear foot is very favorable. I would expect the price to be substan- tially higher if a smaller project were bid to serve only this property. 5) The City proceeded with proper legal procedure. Unfortunately where mortgages are held by banks they do not always notify the mortgage holders. Although there was some mix-up in telling the Nutt's that they were not included in the project this was an honest mistake and should be excused since this is the first improvement project of any magnitude in the City. , I 6) The Nutt's have lived in their home several years without trouble with their individual sewage disposal system. Experience shows us that the areas which did not want sanitary sewer less than one year ago are now requesting that Jervice. Based on that experience we could expect the Nutt's or the prop~rty owners to the East to request sanitary sewer service in the near I future. 7) The durrent proposed sanitary sewer assessment policy is to assesscorner lots dcross the short side and have no assessment on the 10nß side for the , first 200 feet, but the remainder of the long side will be assessed on a front footage basis. Therefore the property owner on the north side of the street would not be assessed the 165 feet deleted at this time, but could be as ses sed in thd future at the current assessment cost for that project; which is sure to be higher than the 1975-1 Program. I 8) The Council should be careful not to set a precedent in this project by deleting work :from a contract after it is ordered or we may spend a great deal of time and effort in re-evaluating benefits to separate parcels instead of the overall area. The Council can delete the 165 feet of sanitary sewer line serving the Nutt property arid that on the north side of the road without affecting the overall program. I MEMORANDUM Andover City Council December 29. 1975 Page Three CONCLUSION The Council should make a decision on the Roger Nutt request as soon as possible. Although 1 recommend against deleting the 165 feet of 18" sanitary sewer the Council can delete the work by a motion at their next meeting. 1 win be present to answer any questions or comments regarding my recom- mendation. DRK:vlo I. R e Co Co. ~_ c1.. C" - f'",,;.,J"r$ F "" ..... 071..0 _ . -,. rc.s. d...... . ~ i AbClIo4.T nC. d. Þ-,-t ;""..... J C- PI-o~/c_ Oþ- T -... c.. "c. _."..., p..., Ha_ ON Sg...71.. 0..0,,; c.. -.:.c.;:' \>- ItIVd. ~ {JIIf'¡..,.,J__ sr. I} e ec It'Þ-ë c:l. . í)...c. ð1 11-7 7hc.. þ..~&-ï'-J liT . . - . OF í).,c. f.1t J . "1 'NV. Tlrl U"¡ ~ ... te... ,,, .1...- . ~~,t '-11ì r' 3. (). Po.) If ,...., ':"A-I Iff íL... . h.c c. ï '_::¡ , w/;-,s . 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ANOKA, MINNE:>OTA 55303 (612) 755·5100 , hC¡dit~on to minutes of November 4. 1975--- In re rly to a question from the Chairman of the .21armiDI': ~:J IJd 70niI1g Commission, Dave Jack, as to wnether the situation Wi described constituted a violation of" the Open r¡;eeting Law, "t ton,ey Hawkins indicated. in his opinioH. CouDcilpersons W!,Q meet at a site on whicl1 work he.ving boen aut:wrized, is ~ompleted or who meet at a project under jurisdiction of the LJuildiHg Inspection Department's resjJonsibilities, would not De in violation of the Open Meeting Law.