Loading...
HomeMy WebLinkAboutNovember 13, 1989OFFICIAL PROCEEDINGS COLUMBIA HEIGHTS CITY COUNCIL REGULAR COUNCIL MEETING NOVEMBER 13, 1989 The meeting was called to order by Mayor Hadtrath at 7:30 p.m.. 1. ROLL CALL Paulson, Petkoff, Carlson, Pet~rson, Hadtrath - present 2. PLEDGE OF ALLEGIANCE 3. CONSENT AGENDA The following items were on the Consent Agenda: ~pproval of Previous Meetin~ Minutes The Council approved the minutes of the Regular City Council Meeting of October 23rd, the Board of Trustees Meetlng of October 23rd, and the Election Canvass Meeting of November 8th as presented and there were no corrections. First Readln~ of Ordinance No. 1193; Pertainin~ to Expenditures The reading of the ordinance was waived there being ample copies available to the public. The second reading of the ordinance is scheduled for November 27, 1989. ORDINANCE NO. 1193 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977, PERTAINING TO EXPENDITURES The City of Columbia Heights does ordain: Section 1: Section 3.102(41 of Ordinance No. 853, City Code of 1977, passed June 2l, 1977, which currently reads as follows, to wit: 3. 102(41 CITY MANAGER The Manager shall prepare and supervise the operation of the budget according to the provisions of the Charter. He shall act as chief purchasing agent for the City for amounts )ess than $1,O00.00, sub- ject to approval of the Council for amounts between $500.00 and S1,OO0.O0, as provided by Charter. He shall act as chief purchasing agent of the City for amounts in excess of $),000.O0 only when authorized pursuant to Charter Section 57 and upon joint signature of the Mayor as required by Charter Section 56. He shall manage the capita] assets of the City. is herewith amended to read as follows: 3.102(41 CITY MANAGER The Manager shall prepare and supervise the operation of the budget according to the provisions of the Charter. He shall act as chief purchasing agent for the City as provided by Charter and Minnesota Statute 471.345(Uniform Municipal Contracting Law). The Manager shall act as the chlef purchasing agent of the City and make all purchases and contracts subject to the approval of the Council as may be prescribed by City Charter. The manager shall manage Regular Council Meeting November 13, 1989 page 2 the capital assets of the City. Section 2: This ordinance shall be in full force and effect from and after thirty (30) days after its passage. First reading: November 13, 1989 First Readln~ of Ordinance No. 1194; Pertainin~ to Education and Training The reading of the ordinance was waived there being ample copies available to the public. The second reading of the ordinance is scheduled for November 27, 1989. ORDINANCE NO. 1194 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977, PERTAINING TO EMPLOYEE EDUCATION AND TRAINING The City of Columbia Heights does ordain: Section l: Section 3.401(5) of Ordinance No. 853, City Code of 1977, passed June 21, 1977, which currently reads as follows, to wit: 3.401 (5) Educational opportunities and training shall be offered to employees on the following basis: Need to improve the quality of performance of a city employee attending any such course or seminar. (b) The apparent quality of the course or seminar to be offered. c) The applicability of the course or seminar offered to the duties and responsibilities of the employee. The Mayor may authorize attendance at such courses by members of the Police Department, and the City Manager may authorize such attendance by other employees of the City; provided, however, that no employee shall leave his job for more than three (3) consecutive days nor shall a cash expenditure of more than $200.00 for such course and reimbursement expenses by made without specific permission of the Council. No expenditure for training or educational purposes shall be made hereunder from other than previously budgeted training funds without consent of the Council. is herewith amended to read as follows: 3.401 (5) Educational opportunities and training shall be offered to employees on the following basis: (a) Need to improve the quality of performance of a city employee attending any such course or seminar. (b) The apparent quality of the course or seminar to be offered. (c) The applicability of the course or seminar offered to the duties or responsibilities of the employee. Regular Council Meeting November 13, 1989 page 3 The Mayor may authorize attendance at such courses by members of the Police Department, and the City Manager may authorize such attendance by other employees of the City; provided however, that no employee shall leave his job for more than three (3) consecutive work days nor shall a cash expenditure of more than $1,000 for such course and reimbursed expense be made without specific approval of the Council. Section 2: This ordinance shall be in full force and effect from and after thirty (30) days after its passage. First reading: November 13, 1989 First Reading of Ordinance No. 1195; Pertaining t~ City Mana~.er's Authority to Issue a Citation in Lieu of Arrest The reading of the ordinance was waived there being ample copies available to the public. ORDINANCE NO. 1195 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977, AND PERTAINING TO THE CITY MANAGER'S AUTHORITY TO ISSUE A CITATION IN LIEU OF ARREST The City of Columbia Heights does ordain: Section l: Section 3.102(6) of Ordinance No. 853, City Code of 1977, passed June 21, 1977, which reads as follows, to wit: 3.102(6) The Administrative Assistant to the City Manager is authorized to issue a citation in lieu of arrest or continued detention to persons violating the followlng sections of this Code, to wit: (al Chapter 5, Commercial Licensing Regulations (bi ~8.202(3) snow on sidewalks (c) §8.203 other nuisances (d) Chapter 8, Article Ill, Garbage and Rubbish shall hereafter be renumbered to read as follows, to wit: 3.102(8) The Administrative Assistant to the City Manager is authorized to issue a citation in lieu of arrest or continued detention to persons violating the following sections of this Code, to wit: (al Chapter 5, Commercial Licensing Regulations (bi ~8.202(3) snow on sidewalks (c) ~8.203 other nuisances (d) Chapter 8, Article Ill, Garbage and Rubbish Section 2: Section 3.102(6), which is now reserved as a result of the above Regular Council fleeting November 13, 1989 page 4 numbering shall hereafter read as follows, to wit: (1) Chapter 5, Commercial Licensing Regulations (2) 8.202(3) Snow on sidewalks (3) 8.203 Other nuisances (4) Chapter 8, Article Ill, Garbage and Rubbish (5) Chapter 8, Article V, Public Safety (6) 10.204(5), Depositing Snow, Leaves or Grass in Travelled Areas (7) Chapter 9, Article I, Zoning Code Section 3: This ordinance shall be in full force and effect from and after thirty (30) days after its passage. First reading: November 13, 1989 First Readin~ of Ordinance No. 1196; Pertalnin~ to the Recyclln~ Pro~ram Coordinator's Authority to Issue a Citation in Lieu of Arrest The reading of the ordinance was waived there being ample copies available to the public. ORDINANCE NO. 1196 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977, PERTAINING TO THE RECYCLING PROGRAM COORDINATOR'S AUTHORITY TO ISSUE A CITATION IN LIEU OF ARREST The City of Columbia Heights does ordain: Section 1: Section 3.102(9) of Ordinance No. 853, City Code of 1977, passed June 21, t977, which is currently reserved, shall hereafter read as follows, to wit: 3.102(9) The Recycling Program Coordinator is authorized to issue a citation in lieu of arrest or continued detention to persons violating the following sections of this code to wit: (1) 8.202(3), snow on sidewalks (2) 8.203, other nuisances (3) Chapter 8, Article Ill, Garbage and Rubbish Section 2: This ordinance shall be in full force and effect from and after thirty (30) days after its passage. First reading: November 13, 1989 Regular Council Meeting November 13, 1989 page 5 Resolution No. 89-52; Being a Resolution Adopting Revisions to the Personnel Policy Manual The reading of the resolution was waived there being ample copies available to the public. RESOLUTION NO. 89-52 ADOPTING REVISIONS IN THE PERSONNEL POLICY MANUAL WHEREAS, In order to establish an equitable and uniform procedure for dealing with personnel matters, the City of Columbia Heights previously adopted a Personnel Policy Manual dated August, 1979; and, WHEREAS, A thorough review of the Personnel Policy Manual has been conducted; and WHEREAS, As a result of the review, revisions to the Personnel Policy Manual are recommended for adoption NOW, THEREFORE, BE IT RESOLVED by the Columbia Heights City Council that it does hereby adopt the revised Personnel Policy Manual, dated November 13, 1989, a copy of which is on file in the Office of the City Manager; and BE IT FURTHER RESOLVED that such revisions in the Personnel Policy Manual be effective November 13, 1989. Passed this 13th day of November, 1989. Offered by: Peterson Seconded by: Paulson Roll call: All ayes Jo-Anne Student, Council Secretary Mayor Dale V. Hadtrath RESOLUTION NO. 89-53 BEING A RESOLUTION ESTABLISHING AMOUNT OF CITY SHARE AND AMOUNT OF SPECIAL ASSESSMENTS TO BE LEVIED WHEREAS, The City Council of the City of Columbia Heights by motion on the 25th day of September, 1989, ordered a special assessment hearing to levy the cost of improvements; and WHEREAS, The following projects will be specially assessed on November 28, 1989, and a portion of the costs may be borne by the City, NOW, THEREFORE, BE IT RESOLVED, pursuant to Minnesota Statute 429.061 and City Code 4.103, that the breakdown is as follows: Resolution No. 89-53; Being a Resolution Establishing Amount of City Share and Amount of Special Assessments on Projects to be Levied The reading of the resolution was waived there being ample copies available to the public. Regular Council Meeting November 13, 1989 page 6 PIR PROJECT ST. ANTHONY CITY ASSESSMENT TOTAL 838 Circle Terr. 839 SE Quadrant 844 39th Ave., Res.-Tyler 859 Misc. Delinquent Bills $135.76 S10,989.11 $ 49,357.44 128,309.13 i,576.12 1,900.12 $ 60,346.55 128,444.89 1,576.12 1,900.12 Passed this 13th day of November, 1989. Offered by: Peterson Seconded by: Paulson Roll call: All ayes Mayor Dale V. Hadtrath Jo-Anne Student, Council Secretary Flexible Connectors for the Fuel Tanks The Council authorized a change order in the amount of $663.77 to Pump and Meter Service, Inc. for the installation of flexible connectors to the fuel tanks at the Municipal Service Center and also authorized the transfer of $663.77 from line item 701-49950-5180 to line item 401-58909-5130, and authorized the Mayor and City Manager to enter into an agreement for the same. Award of Bid - 1990 Shared Ride The Council awarded the bid for the Shared Ride Para Transit Program Contract to Suburban Taxi Corporation for the calendar year 1990 in the amount of SI.80 per passenger carried, based upon low responsible bid received, the Mayor and City Manager were authorized to enter into a contract for same, subject to approval by the Regional Transit Board, and also the Mayor and City Manager were authorized to enter into a contract with the City of Hilltop assuming respon- sibility for related costs on a pro-rata basis and subject to concurrence by the Regional Transit Board. Purchase of Aerial Photos The Council authorized the purchase of two aerial photos with 3" foam core mounting from Markhurd Corporation of Minneapolis for an amount of $1,280 and authorized the Mayor and City Manager to enter into a contract for same. Authorization of Change Order 8901-1 The Council authorized change order 8901-1 amounting to $3,900 to Alber Con- struction, Inc. and authorized the Mayor and City Manager to enter into an agreement for same. This change order was necessary for the completion of the seal coat project on McKinley Street and 39½ Avenue between Cleveland and McKinley Streets. Final Payment and Acceptance of Municipal Pro~ect 8923 The Council authorized final payment of $9",433.17 to Floor Tech Coatings of White Bear Lake and accepted the work for Municipal Project 8923. This project was for protective coating to the Municipal Service Center floor. Regular Council Meeting November 13, 1989 page 7 Final Payment for Friction Testing on Water System The Council approved payment to Pitometer for friction loss and pipe flow testing on the Municipal Water System In conjunction with Municipal Project 8904 and accepted the work performed. The payment was In the amount of $4,070.97. Ratification of the Purchase of Motor Oil The Counci) ratified the action of the City Manager in purchasing 850 gallons of oil at a unit price of $l.9~ per gallon from Pennzoil Products Company of Minneapolis and authorized the Mayor and City Manager to enter into an agre- errant for same. Authorization of Agreement With Steffen and Munstenteiger for Professional Services Re~ardin~ Negotiating Collective Bargaining Agreement With PMA The Counci] authorized the Mayor and Clty Manager to execute a Letter of Agreement for labor negotiation services wlth Staffer and Munstentelger for the purposes of negotiating a labor agreement with the Public Managers Association; such costs to be billed at the rate of $85.00 per hour for services of the principal attorney. License Applications The Council approved the 1989 )icense applications as listed upon payment of proper fees. Payment of Bills The Council authorized the payment of bi)ls as listed out of proper funds. 4. APPROVAL OF CONSENT AGENDA Motion by Peterson, second by Paulson to approve the consent agenda as presented. Roll call: Ali ayes 5. PROCLAMATIONS Mayor Hadtrath read a proc)amation designating the week of November 1)th through November 20th as VOICE DF DEMOCRACY WEEK in Columbia Heights. He presented the proclamation to Commander Kimber of V.F.W. Post #2)0. Mayor Hadtrath read a proclamation designating the week of November 12th through November lSth as AMERICAN EDUCATION WEEK in Columbia Heights. The proclamation wil) be forwarded to itl-City American Legion. Mayor Hadtrath read a proclamation designating the month of November as Epilepsy Month in Columbia Heights. He presented the proclamation to Doug Hill a repre- sentative of the Epl)epsy Foundation and a resident of Columbia Heights. OPEN MIKE Doug Hill, who resides at 3927 Tyler Street N.E., requested that additional lighting be considered for the Prestemon Park area. He noted that he was representing residents from the area and had made this request previously. The City Manager indicated to Hill that additional lighting for the area is included in the 1~90 budget in the amount of approximately $25,000. PUBLIC HEARINGS, ORDINANCES AND RESOLUTIONS a. Second Reading of Ordinance No. 1192; Being an Ordinance Amending Ordinance No. 853, City Code of !~77, Dealing with an Amendment to Secondhand Merchants Licensing Ordinance Regular Council Meeting November 13, 1989 page 8 This ordinance would amend the allowable hours of operation for secondhand merchants who are not utilizing the general public as their primary source for purchasing used merchandise. Motion by Carlson, second by Paterson to waive the reading of the ordinance there being ample copies available to the public. Roll call: All ayes ORDINANCE NO. !192 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977, AND PERTAINING TO SECONDHAND MERCHANTS The City of Columbia Heights does ordain: Section l: Section 5.204()2) of the City Code of 1977, passed June 21, 1977, which is currently reserved shall hereafter read as follows: 5.204(12) The Council may grant an exemption from the requirement of ~5.204(11) with respect to hours during which business may be conducted, and, business opening on New Year's Day, Memorial Day, Fourth of July and Labor Day for merchants who obtain their mer- chandise solely from eleemosynary organizations upon a showing by the licensee that the requirements of §5.204(11) would impose an undue burden on the licensee and would not further the under- lying purposes of this section. Section 2: This ordinance shall be in full force and effect from and after thirty (30) days after its passage. First Reading: Second Reading: Date of Passage: October 23, 1989 November 13, 1989 November 13, 1989 Offered by: Seconded by: Roll call: Carlson Peterson Paulson, Carlson, Peterson, Hadtrath - aye Petkoff - nay Jo-Anne Student, Council Secretary Maycr Dale V. Hadtrath b. Resolution No. 89-54; Resolution Confirming the Tax Levy by the Housing and Redevelopment Authority for Fiscal Year 1990 Motion by Peterson, second by Paulson to waive the reading of the resolution there being ample copies available to the public. Roll call: All ayes Council member Petkoff inquired if this levy would increase property taxes. The City Manager advised that it would. RESOLUTION NO. 89-54 CONFIRMING TAX LEVY BY THE HOUSING AND REDEVELOPMENT AUTHORITY OF COLUMBIA HEIGHTS, MINNESOTA FOR FISCAL YEAR 1990 BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS, that Regular Council Meeting November 13, 1989 page 9 WHEREAS, The Housing and Redevelopment Authority of Columbia Heights, Minnesota has adopted a budget as shown on their attached resolution; and WHEREAS, 5aid Authority has also resolved that a special tax to be levied of $77,811 upon all taxable property, both real and personal, in the City of Columbia Heights, and WHEREAS, Section 469.033, Subdivision 6, of the Minnesota Statutes requires approval by the governing body of the municipality in and for which said Authority was created NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Columbia Heights approves and consents to the levy of S77,811 upon all taxable property, both real and personal, in the City of Columbia Heights, by said Authority, as special taxing district, for use for the purpose of the provisions of Section 469.001 et deq of the Minnesota Statutes. Passed this 13th day of November, 1989. Offered by: Seconded by: Roll call: Peterson Paulson Peterson, Paulson, Carlson - aye Petkoff, Hadtrath - nay Jo-Anne Student, Council Secretary Mayor Dale V. Hadtrath 7. COMMUNICATIONS a. Appointment to Human Services Commission Motion by Paulson, second by Peterson to table this item for more information. Roll call: All ayes b. Planning and Zoning Commission - Rezonlng of 3900 Stlnson Boulevard This property is presently used as a parking lot for the Silver Lake Clinlc. The rezoning request is being made to change the zoning from R-2 to Limited Business (L.B.) to facilitate the continued administration and activity of the Clinic upon the senior partners retirement. At a previous Plannlng and Zoning Commlsslon meetlng, nelghbors in the area expressed their opposltlon to this request being approved. They felt the change in zoning would open up the property to development which would not be compatible with a residential neighborhood. The Plannlng and Zoning' Commission sent this request to the Council without a recommendation. Motion by Petkoff, second by Carlson to deny the request. Roll call: All aye s 8. OLD BUSINESS Mechanical, Electrical Improvements to Municipal Service Center - Painting Booth Regular Council Meeting November 13, 1989 page l0 The City Manager reviewed the improvement project for the Service Center as presented by Kumar, Incorporated. Noting that the estimated costs for this project were very expensive, the Council discussed alternatives with staff. Councilmember Petkoff inquired if it would be feasible to have the vehicle painting done away from the City Service Center. The number of vehicles which were painted annually was discussed as was the possibility of moving this procedure to an outside contractor. Motion by Peterson, second by Petkoff to authorize the City Manager to instruct the City's architecture/engineering consultant, Toltz, King, Duvall, Anderson, to design and seek quotations for modifications to the existing paint booth so as to reduce the air volume in the booth and to provide necessary air make up in order to eliminate negative air pressure within the booth. Roll call: All ayes 9. NEW BUSINESS a. 1989 Youth Basketball Program Motion by Petkoff, second by Peterson to authorize the Mayor and City Manager to execute a contract with the Minnesota Timberwolves for $1,250 for registra- tion of up to 100 youngsters in the Junior Wolves program. Roll call: All ayes Mayor Hadtrath requested the City Manager to contact the Columbia Heights Athletic Boosters regarding funding this project. b. Change Orders for Project 8808 Motion by Petkoff, second by Peterson to ratify the action of the Public Works Director and authorize payment of change order 8808-1 in an amount of $710 to Alber Construction, Inc; and furthermore, to authorize the Mayor and City Manager to enter into an agreement for the same. Roll call: All ayes Motion by Petkoff, second by Peterson to ratify the action of the Public Works Director and authorize payment of change order 8808-2 amounting to $205 to Alber Construction, Inc; and furthermore, to authorize the Mayor and City Manager to enter into an agreement for the same. Roll call: All ayes c. Changer Order to Municipal Project 8909 - Tank Removal at City Hall This change order was necessary to cover additional payment for removal of a tank at City Hall which was larger than anticipated. Motion by Carlson, second by Paulson to authorize a change order in an amount of $800 to Pump and Meter Service, Inc. for removal and disposal of an over- sized underground storage tank at City Hall, Municipal Project 8909; and, to transfer $800 from the Undesignated General Fund balance to line item 401- 8909-5130; and furthermore, to authorize the Mayor and City Manager to enter into an agreement for the same. Roll call: All ayes d. Final Payment - Project 8504 Motion by Peterson, second by Carlson to authorize final payment of $12,115.83 to Concrete Curb Company of Burnsville, ~innesota and to accept the work for Municipal Project 8504, S.A.P. 113-101-04. This project dealt with 37th Avenue, Central to Stinson Boulevard. Roll call: All ayes e. Final Payment and Acceptance of Municipal Projects 8808 and 8906 Project 8808 was for Circle Terrace overlay and Project 8906 was for Sullivan Lake Park pathway overlay. Regular Council Meeting November 13, 1989 page ll Motion by Petkoff, second by Paulson to authorlze payment of $8,937.62 to Alber Construction, Inc. of PIymouth, Minnesota, and acceptance of the work for Municipal Projects 8808 and 8906. Roll call: All ayes f. Repair of Retaining Wall in Front of 651 46½ Avenue Motion by Carlson, second by Paterson to authorize the City Manager to pro- ceed with the repair of the retaining wall in front of 651 46½ Avenue and to pursue legal action to obtain reimbursement for the costs associated with the repair from the owner or Insurance company of the vehicle causing the damage; and furthermore, to authorize the Mayor and City Manager to enter into a contract for the repair work. Roll call: Ail ayes g. Purchase of Chain Link Fencing for Lease of Property to Invest Cast The City Manager advised that thls fence w111 not be purchased nor installed until the lease agreement with Invest Cast has been signed. Counclimember Petkoff inquired if the existing fence or portions of it could be used. She was advised that to move the fence the concrete used to secure It would be very difflcult to remove and would most likely make the fence unusable if this were done. Motion by Paulson, second by Paterson 'to award the fencing for the lease agreement with invest Cast to Crown Fence and Wire Company of Minneapolis b~sed upon their low quotation of $13.03 per lineal foot or an amount of $2,801.45, and furthermore, to authorize the transfer of $2,801.45 from the unexpended, unallocated General Fund balance to cover the expenses and to authorize the Mayor and City Manager to enter into an agreement for the same. Roil call: All ayes h. Purchase of Computer Network and Additional PC's Motion by Paulson, second by Petkoff to authorize the Mayor and City Manager to enter into an agreement with IT Research, Inc. to purchase a Novell Ethernet networking system for $24,443, based on low, informal quotation. Roll call: All ayes Motion by Paulson, second by Petkoff to authorize the Mayor and City Manager to enter into an agreement with Computer Corporation to purchase ten PC~s at a unlt cost of $800 for a total cost of $8,000 based on iow, informal quotation. Roll call: All ayes i. Change Order to Municipal Project 8908 - Tank Removal/Sol1 Investigation Motion by Carlson, second by Paulson to ratlfy the action of the City Manager to engage MECC to conduct sol1 investigations for the three underground tank removal sites amounting to $1,500; and to transfer $500 from the Undesig- nated General Fund Balance, $500 from the Retained Earnings of the Sewer Utility funds, and $500 from the Retained Earnings of the Water Utility . Fund to the 8909 project fund, and furthermore, to authorize the Mayor and City Manager to enter into an agreement for the same. Roll call: All ayes j. Y's Men Request to Locate a Christmas Tree Lot in the City A letter was received from the Northeast Branch of the YMCA requesting per- mission to locate a Christmas tree )or on the northwest corner of the ~a)) parking lot. The City Manager indicated that thls would require a conditional use permit was understood as we)) as al) of the other requirements oF the permit. Counciimember Petkoff felt since the Y's Men was a non-profit organization, the fee for the license should be waived as well as the conditional use permit. Regular Council Meeting November 13, 1989 page 12 Motion by Petkoff, second by Paulson to approve a license for the sale of Christmas trees by the Y's Men Organization, to waive the requirement for a conditional use permit for the sale of Christmas trees and to waive the license fee based on the organization being non-profit. Roll call: All ayes k. Council Work Session A Council work session was scheduled for Thursday, November 16th at 8:00 p.m.. 1. Agenda Packets for Newly-Elected Councll Officials The City Manager inquired if it were the Council's desire to supply agenda packets to the newly-elected Council officials without charge. The consensus of the Council felt this should be done. !0. REPORTS a. Report of the City Manager 1. Engineering Costs - 44th and Central Avenues Reconstruction Work Engineering costs for this project may exceed the allowance under State Aid regulations. To date, incurred expenses are over the estimate by $9,110. The City Manager advised that some of the overage may be reimbursed by the State. 2. Contract Demands - Teamsters Local 320 (Police Officers ) & IAFF Local 1216 The City Manager advised that no dates for negotiations with these two locals have been set at this polnt in time. 3. New Hire Joanne Baker was appointed to the position of Secretary II in the Public Works Department effective September 18, 1989 at the entry rate consistent with the AFSCME labor contract. b. Report of the City Attorney The City Attorney had no report. A member of the Council inquired of the City Attorney the guidelines for maklng the appointment to fill the vacancy which will occur on the Council when Council- member Carlson takes the seat as Mayor. He responded that this vacancy is to be filled by the Council seated in 1990. It must be done by majority vote, that is three of four votes. In the case of a tie, the seat would remain vacant until there are three votes supporting the same appointee. Councilmember-Elect Nawrocki requested some background information on Ordinances Nos. 1193 and 1194, noting that the subjects addressed by these two ordinances were to be considered by the Charter Commission. The City Manager advised that he had requested these ordinances to be considered by the City Council as they were in conflict with State Statute and to our present practice. ADJOURNMENT Motion by Carlson, second by Peterson to adjourn the meeting at 9:55 p.m.. Roll call: All ayes ~o~_~n~ ,-,~,-t ~'~'~~ Mayor Dale V. Hadtrath Student, Cou-'ncil Secretary