HomeMy WebLinkAboutDecember 9, 1991OFFICIAL PROCEEDINGS
COLUMBIA HEIGHTS CITY COUNCIL
REGULAR COUNCIL MEETING
DECEMBER 9, 1991
Mayor Carlson called the meeting to order at 7:00 p.m..
1. ROLL CALL
Nawrocki, Clerkin, Ruettimann, Peterson, Carlson - present
2. PLEDGE OF ALLEGIANCE
3. CONSENT AGENDA
The following items were approved on the Consent Agenda:
Minutes For Approval
The Council approved the minutes of the Budget Public Hearing
of November 21, 1991, the Special Council Meeting of November
21, 1991, the Regular Council Meeting of November 25, 1991 and
the Volunteer Relief Association - Board of Trustees Meeting
of November 25, 1991 as presented and there were no
corrections.
Resolution No. 91-72~ Beinq a Resolution Desiqnatinq
Depositories for Funds of the City of Columbia Heiqhts
The reading of the resolution was waived there being ample
copies available for the public.
RESOLUTION NO. 91-72
DESIGNATING DEPOSITORIES FOR FUNDS FOR THE CITY OF COLUMBIA
HEIGHTS
BE IT RESOLVED, that the Marquette State Bank of Columbia
Heights and the Northeast State Bank of Columbia Heights be
hereby designated as the depositories for monies of the City
of Columbia Heights, and the Treasurer of this City is hereby
directed to deposit monies of this City in said banks, and the
Marquette State Bank of Columbia Heights and the Northeast
State Bank of Columbia Heights are hereby authorized and
directed to honor and pay any checks or orders, when signed by
the Mayor, City Manager and Treasurer for the withdrawal or
transfer of funds on deposit in said banks in whatever form.
AND, that the following financial institutes be designated as
official depositories of the City of Columbia Heights for
investment purposes: Marquette State Bank of Columbia Heights,
Northeast State Bank of Columbia Heights, Twin City Federal,
Norwest Bank, American National Bank of St. Paul, First
National Bank of St. Paul, Merrill Lynch Government
REGULAR COUNCIL MEETING
DECEMBER 9, 1991
PAGE 2
Securities, Inc., Prudential-Bache Securities, Minnesota
Municipal Money Market Fund, Piper, Jaffray & Hopwood, Inc.,
Juran & Moody, Inc., Shearson-Lehman Brothers.
AND, that the Treasurer shall have the authority to wire
transfer funds from one official depository to another for the
purpose of investing City funds.
BE IT FURTHER RESOLVED that in case such deposit shall at any
time exceed the sum for which its deposits are insured under
the acts of Congress of the United States relating to
insurance of bank deposits, such depository shall immediately
furnish bond or securities in lieu of bond. The following are
hereby designated as the places for safekeeping of all
securities in lieu of such bond: The Marquette National Bank,
The Federal Reserve Bank, Norwest Bank, First National Bank of
St. Paul, Manufacturers Hanover Bank, Midland National Bank,
American National Bank of St. Paul, Piper Jaffray & Hopwood,
Inc., Juran & Moody, Inc.
Passed this 9th day of December, 1991.
Offered by:
Seconded by:
Roll call:
Ruettimann
Clerkin
Ail ayes
Mayor Edward M. Carlson
Jo-Anne Student, Council Secretary
Resolution No. 91-731Beinq a Resolution Establishinq Senior
Citizens or Retired or Disabled Persons Hardship Special
Assessment Deferral
The reading of the resolution was waived there being ample
copies available for the public.
RESOLUTION NO. 91-73
BEING A RESOLUTION ESTABLISHING SENIOR CITIZENS OR RETIREDAND
DISABLED PERSONS HARDSHIP SPECIAL ASSESSMENT DEFERRAL
WHEREAS, immediate payment of special assessments or
installments on special assessments cast an undue hardship on
some persons owning homestead properties who are 65 years of
age or older or retired by virtue of a permanent and total
disability for whom it would be a hardship to make payments,
and
REGULAR COUNCIL MEETING
DECEMBER 9, 1991
PAGE 3
WHEREAS, Minnesota Statutes 435.193 - 435.195 makes it
possible for a home rule charter city to pass a resolution
establishing standards and guidelines for determining the
existence of a hardship and for determining the existence of
a disability.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF COLUMBIA HEIGHTS:
This deferral procedure shall apply only to assessments
which are payable in five or more annual installments.
This deferral procedure shall apply only to property
owned and occupied by the elderly, retired, or disabled
applicant. Ownership and occupancy must be of the same
nature as would qualify the applicant for a homestead
exemption for tax purposes.
This deferral procedure shall apply only to homestead
property owned by a person 65 years of age or older or
retired by virtue of a permanent and total disability for
whom it would be a hardship to make payments. Permanent
and total disability shall have the same definitions for
purposes of assessment deferral as is used for social
security purposes.
This deferral procedure shall not be construed as to
prohibit the determination of hardship on the basis of
exceptional and unusual circumstances not covered by
standards and guidelines herein so long as determination
is made in a nondiscriminatory manner and does not give
the applicant an unreasonable preference or advantage
over other applicants.
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In order to obtain a deferral of an assessment, the
homeowner must make application on the forms prescribed
by the Anoka County Auditor. If no such form is
available, the City Assessor of Columbia Heights shall
prescribe the appropriate form.
In granting a deferred assessment, the Council shall
determine in its resolution approving the assessment roll
the amount of interest, if any, to be charged on the
deferred assessment.
The option of the homeowner to defer the payment of
special assessments shall terminate and all amounts
accumulated plus applicable interest shall become due and
payable upon the occurrence of any of the following
REGULAR COUNCIL MEETING
DECEMBER 9, 1991
PAGE 4
events:
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the death of the owner, provided that the spouse is
not otherwise eligible for benefits hereunder;
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the sale, transfer of subdivision of the property
or any part threreof;
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if the property should for any reason lose its
homestead status; or
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if for any reason the City shall determine that
there would be no hardship to require immediate or
partial payment.
No deferral may be granted unless the homeowner makes
application to the City Assessor within thirty (30) days
after adoption of the assessment by the Council.
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The deferral shall apply to only 50% of the annual
installment payment. If the 50% is not paid in a timely
manner, the balance of the annual installment along with
all future installments shall become immediately due and
payable.
10.
No deferral shall be granted to any owner who has a gross
annual household income from all sources in excess of
$13,600.00.
11.
No deferral shall be continued from year to year unless
the owner shall file a renewal application before
September 15th of each year.
12.
No special assessment may be deferred for a period longer
than the time set by the Council as the time over which
the project is to be assessed.
13.
Interest on deferred assessments shall be at the rate set
by the Council in its resolution adopting the assessment
roll, and such interest shall be added to the amount
deferred and shall be paid in accordance with Minnesota
Statute 435.195 and this Resolution.
Passed this 9th day of December, 1991.
Offered by:
Seconded by:
Roll call:
Ruettimann
Clerkin
Ail ayes
REGULAR COUNCIL MEETING
DECEMBER 9, 1991
PAGE 5
Mayor Edward M. Carlson
Jo-Anne Student, Council Secretary
I hereby certify that the above is a true and correct copy of
a resolution adopted by the City Council of the City of
Columbia Heights on the 9th day of December, 1991.
William J. Elrite, City Clerk
Resolution No. 91-74; Beinq a Resolution Establishinq Senior
Citizen Eliqibilit¥ Standards for Refuse, Sewaqe Disposal and
Water Supply Utility Rates
The reading of the resolution was waived there being ample
copies available for the public.
RESOLUTION NO. 91-74
ESTABLISHING SENIOR CITIZEN ELIGIBILITY STANDARDS FOR
REFUSEr SEWAGE DISPOSAL AND WATER SUPPLY UTILITY RATES
WHEREAS, the City Council has previously established
eligibility standards for senior citizens for refuse service,
disposal, and water supply; and
WHEREAS, it has been the City's practice to maintain uniform
eligibility standards whenever possible;
NOW, THEREFORE, BE IT RESOLVED by the City of Columbia Heights
as follows:
That anyone over 62 years of age with a maximum household
income of $13,600 will be eligible for reduced rates.
BE IT FURTHER RESOLVED that the above eligibility standard to
be effective January 1, 1992.
Passed this 9th day of December, 1991.
Offered by:
Seconded by:
Roll call:
Ruettimann
Clerkin
Ail ayes
Mayor Edward M. Carlson
Jo-Anne Student, Council Secretary
REGULAR COUNCIL MEETING
DECEMBER 9, 1991
PAGE 6
Temporary Siqn Request
The Council approved the temporary signage at 4111 Central
· Avenue, South Building, as requested provided a $100 deposit
is submitted to the City to assure the removal of the
temporary signage by December 15, 1991.
License Applications
The Council approved the license applications.as listed upon
payment of proper fees.
Payment of Bills
The Council approved the payment of the bills as listed out of
proper funds.
APPROVAL OF CONSENT AGENDA
Motion by Ruettimann, second by Clerkin to approve the consent
agenda as presented. Roll call: All ayes
OPEN MIKE/PRESENTATIONS
Bicentennial of the Constitution Commission
Mayor Carlson read a memo received from the Bicentennial of
the Constitution Commission which addressed 1991 being the
last year of service of a five year appointment. He named all
of those who served on the Commission and thanked them for
their time and efforts. On December 15th the 200th anniversary
of the ratification of the Bill of Rights will be observed.
Vehicular Accident
Recently, there was a collision between a city truck and a
passenger car. The owner of the car stated he felt this
situation was not properly handled by staff. He showed members
of the Council photos of his vehicle and the city truck.
This resident was advised that the matter is being handled by
the City's insurance company. He felt there had been some
question regarding the accuracy of the accident report.
Councilmember Nawrocki requested the CTty Manager to follow
through on this matter.
Gamblinq License for the Lions Club
John Huff, representing the Lions Club, requested the Council
to authorize renewal of the Club's gambling license. He noted
that there is usually a ten week wait before these licenses
are approved by the State.
REGULAR COUNCIL MEETING
DECEMBER 9, 1991
PAGE 7
Mr. Huff was advised he could submit the renewal form to the
Building Inspector at this meeting and she will follow through
on the matter.
PUBLIC HEARiNGS/RESOLUTIONS/ORDINANCES
a. Condemnation of 4318 Washington Street
The Building Inspector advised that this structure was
recently damaged over fifty percent by a fire. She noted that
the owner had received three bids for repair of the structure
and they were all for over fifty percent of the structure
value. The structure is non-conforming, unsanitary and a
nuisance.
Copies of the Council's Findings of Fact and the Conclusions
of the Council were distributed to the Councilmembers.
The insurance adjuster representing the property owner stated
that she is supportive of the condemnation.
Motion by Ruettimann, second by Clerkin that there is adequate
evidence to find the buildings at 4318 Washington Street are
hazardous and in violation of the law and that the City
Council orders that the buildings at 4318 Washington Street be
razed, demolished and removed. The site must then be restored
to a safe condition with fill as necessary. Such correction
shall be completed within thirty (30) days of the service of
this Order. A motion for the summary enforcement will be made
to Anoka County District Court unless corrective action is
taken or unless an Answer is filed within the time specified
by Minnesota Statute 463.18. Roll call: All ayes
Councilmember Nawrocki felt the Findings of Fact and the
Conclusions of the Council should be referenced in the motion.
Motion by Peterson, second by Nawrocki to reconsider the
motion regarding the condemnation of 4318 Washington Street.
Roll call: All ayes
Motion by Nawrocki, second by Clerkin to direct that the
Findings of Fact and the Conclusions of the Council, A through
G, as drafted by the City Attorney and read by Councilmember
Ruettimann, be included in the motion. Roll call: All ayes
Motion by Ruettimann, second by Clerkin to approve the amended
motion. Roll call: All ayes
REGULAR COUNCIL MEETING
DECEMBER 9, 1991
PAGE 8
Siqn Variance - 4111 Central Avenue, South Buildinq
Jim Ruvelson, owner of the buildings at 4111 Central Avenue,
explained his purpose in requesting this variance.
Councilmember Nawrocki recalled that the sign ordinance had
addressed this type of signage and felt it was not allowable.
The Building Inspector read from the sign ordinance and felt
there was some gray area regarding this type of sign.
Motion by Ruettimann, second by Peterson to approve the
fourteen foot signage variance as requested for 4111 Central
Avenue, South Building. Roll call: Clerkin, Ruettimann,
Peterson, Carlson - aye Nawrocki - abstain
b. Resolution Callinq for Repeal of Presidential Primar¥
Two alternative resolutions were presented
consideration.
for Council
Councilmember Nawrocki felt both versions of the resolution
were out of order and that this matter was beyond the City of
Columbia Heights. He suggested the real issue is who is going
to pay the costs for the Presidential Primary. He is of the
opinion that the Council should be requesting the Legislature
to provide funding for this process. He noted that the
Legislature passed this bill without a hearing.
The Finance Director stated this may cost the City of Columbia
Heights between ten and twelve thousand dollars.
Discussion continued regarding the purpose of the Primary, who
would benefit, and who should be responsible for the funding.
Motion by Nawrocki, second by Ruettimann to table this matter
for further considerations. Roll call: All ayes
COMMUNICATIONS
Rezoning, 3982 Van Buren Street
Motion by Peterson, second by Clerkin to approve the
rezoning of 3982 Van Bur~n Street from CBD to R-2
Residential. Roll call: All ayes
Councilmember Peterson was advised the alley adjacent to
this property is located on the south side of the lot. He
had understood it was located on the north side when it
was discussed at the Planning and Zoning Commission
meeting.
Councilmember Nawrocki felt this zoning would leave a
REGULAR COUNCIL MEETING
DECEMBER 9, 1991
PAGE 9
"dent" in the zoning and appeared to be spot zoning.
Councilmember Peterson suggested that part of the alley
be included in the rezoning to make the parcel more
saleable as an R-2 property. Councilmember Nawrocki felt
this parcel should be more clearly researched before it
is rezoned, especially in light of the building north of
it which faces on 40th Avenue. He noted that the
condition of this building is poor and its future is
questionable. The City Manager stated this is a piece of
property which the HRA should look at.
Motion by Ruettimann, second by Peterson to table this
matter and refer it back to the Planning and Zoning
Commission to review it relative to the City's future
plans for the area. Roll call: Nawrocki, Clerkin,
Ruettlmann, Peterson - aye Carlson - nay
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Handicap Space in Police Lot
The City Manager stated that this parking space will
accommodate persons who cannot walk a considerable
distance but may be able to climb stairs.
Discussion continued regarding this request and the
suggested placement of a handicap parking sign adjacent
to the Police Department door. It was proposed for
installation after May 1, 1992.
Motion by Peterson, second by Nawrocki to table this
matter for further discussion at a Council work session.
Roll call: Nawrocki, Clerkin, Ruettimann, Peterson - aye
Carlson - nay
OLD BUSINESS
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Replacement of City Hall Windows
Motion by Peterson, second by Clerkin to authorize the
City entering into an agreement with Glass Service
Company to install eighteen windows approximately 24" x
18" to replace the existing windows, in the amount of
$6,813 and that the Mayor and City Manager be authorized
to sign a contract for same.
In response to Councilmember Nawrocki's inquiry as to the
type of windows being considered, the Building Inspector
read the specifications. He was of the opinion that the
urgency of this request was overstated and noted that
this purchase had not been budgeted.
Councilmember Ruettimann inquired if there is a security
REGULAR COUNCIL MEETING
DECEMBER 9, 1991
PAGE 10
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problem with the windows. The City Manager responded that
this was not the case but the water problems being
experienced were the real concern. Councilmember Peterson
felt the windows definitely needed to be replaced.
Roll call: Clerkin, Ruettimann, Peterson, Carlson - aye
Nawrocki - nay
NEW BUSINESS
M.S.A.S. Projects for 1992
The City Manager reviewed all of the projects being
considered. Councilmember Nawrocki inquired if any
surveying had been done for sidewalk placement on State
Aid Streets. He was advised this is not possible during
the wintertime because of the need to look at curb cuts,
alleys and tree placement. This will be a looked at for
future projects.
Motion by Ruettimann, second by Peterson to authorize
staff to proceed with an overlay project in 1992
consisting of the following streets: 38th & 39th Avenues
from University to Central; 44th Avenue from Main Street
to Jackson Street; 51st Avenue from Washington Street to
Central Avenue; Main Street from 37th Avenue to 40th
Avenue; and Jefferson Street from 40th Avenue to 51st
Avenue; and furthermore, to direct the City Engineer to
submit said project to Mn/DOT for approval of
construction in 1992. Roll call: All ayes
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City-Wide Government Information System (GIS)
Councilmember Ruettimann felt more than one staff member
should be responsible for inputing information into the
system so it can be up and running in a shorter amount of
time. It was advised that it may take from two to three
years before all of the data is available to departments.
Councilmember Nawrocki stated he is not supportive of
this request noting his concern for maintenance costs and
costs of the equipment. Councilmember Peterson recalled
this whole project had been approved some time ago and
this is just the first phase.
Councilmember Ruettimann requested that some material be
kept on file so new members of the Council can review
what had been done by previous councils.
Motion by Ruettimann, second by Peterson to authorize the
City Manager to proceed with the purchase of an RS-6000
REGULAR COUNCIL MEETING
DECEMBER 9, 1991
PAGE 11
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work station and the AIX operating system software for
$45,936 from IBM off of the State contract with $40,050
coming from the 1991 budget and the rest from the 1992
budget; and furthermore, to authorize the Mayor and City
Manager to enter into an agreement for the same. Roll
call: Clerkin, Ruettimann, Peterson - aye Nawrocki - nay
Carlson - abstain
Motion by Ruettimann, second by Peterson to authorize the
City Manager to purchase Arc/Info UNIX based software and
training from Environmental Systems Research Institute
under the Joint Purchasing Agreement with Anoka County,
with the funding coming from the 1992 budget not-to-
exceed $34,000; and furthermore, to authorize the Mayor
and City Manager to enter into an agreement for the same.
Roll call: Clerkin, Ruettimann, Peterson, Carlson - aye
Nawrocki -nay
Motion by Ruettimann, second by Peterson to authorize the
City Manager to proceed with negotiations with IBM to
provide fiber optic cabling options between Public Works
and City Hall, not-to-exceed $15,000; and furthermore, to
authorize the Mayor and City Manager to enter into an
agreement for the same. Roll call: Clerkin, Ruettimann,
Peterson, Carlson - aye Nawrocki - nay
Authorization to Seek Bids for Purchase and Installation
of Carpeting at Library
Councilmember Nawrocki questioned the need for replacing
the carpeting in the adult reading room and on the
stairs. Mayor Carlson was supportive of authorizing the
request for all three areas, adult reading room, lobby
and interior stairwell.
Councilmember Peterson suggested that Mayor-elect Murzyn
inspect the carpeting and come back to the Council with
a recommendation.
Motion by Peterson, second by Nawrocki to table this
matter until the next Council meeting. Roll call: All
ayes
Closeout of Construction Projects #9107,#9106 & #8721
Motion by Nawrocki, second by Peterson to transfer
$46,317.74 from the General Fund to the Capital
Improvement PIR Fund to cover the City's portion of
Project #9107 in the amount of $5,813.70, Project #9106
in the amount of $14,679.76, and Project #8721 in the
amount of $25,824.28, with a reduction to the Street
REGULAR COUNCIL MEETING
DECEMBER 9, 1991
PAGE 12
Department personnel budget of $18,527.10 , and a
reduction to the Engineering Department personnel budget
of $27,790.64. Roll call: All ayes
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Authorize Payment of City Assessments to City-Owned
Vacant Lots
Motion by Peterson, second by Clerkin to authorize the
payment of special assessments on City-owned lots from
the General Fund - General Government Building Department
in the amount of $12,091.03 and to increase this
department's budget by $12,091.03 with the budget
appropriation coming from the General Fund - Unreserved
Fund Balance. Roll call: All ayes
Columbia Park Clinic
Councilmember Nawrocki advised that the partners in
Columbia Heights Clinic are in the process of refinancing
an industrial bond issue. He requested the City Manager
refer them to the City's finanical advising firm and bond
counsel.
10.
REPORTS
Report of City Manager
The City Manager's report was submitted in written form
and the following items were discussed:
Letter From Hilltop City Attorney: The City Manager
received a letter today from the Hilltop City Attorney
regarding that City's intention to honor its finanical
obligations to the City of Columbia Heights. It was noted
that the outstanding debt could go as high as $50,000.
The Hilltop contract for police and emergency services
expires January 1, 1992. If the contract is renewed,
payment should be expected by April 1st but may be
delayed until July 1st with interest attached until State
Aid funds are received.
The Finance Director advised that the bills for Hilltop
for 1990 services are currently paid but the annual bill
for 1991 services has not as yet been made. There is an
outstanding bill for cable services and any funds
received by Columbia Heights from the cable franchise
have not been forwarded to Hilltop for its share of
revenue. This has been applied against their balance for
Columbia Heights. There are no Shared-Ride funds owing
for 1991. No funds have been received from Hilltop for
its share of costs from the Metropolitan Waste Control
Commission.
REGULAR COUNCIL MEETING
DECEMBER 9, 1991
PAGE 13
The Public Works Director advised that the MWCC has not
purchased the line servicing Hilltop and the funds they
~are sending to Hilltop should be going to Columbia
Heights. Councilmember Nawrocki noted Hilltop may be
owing the City of Columbia Heights much more than
$50,000.
While it is the intent of the City Council to be
understanding with the situation in Hilltop, it was
agreed that there is a need to be fiscallY~responsible
and to protect the best interests of Columbia Heights.
Councilmember Ruettimann suggested pursuing some of the
City's buildings as collateral on the unpaid debts.
Motion by Nawrocki, second by Clerkin to direct the City
Manager to take whatever steps are necessary to protect
the City's financial interests when dealing with Hilltop.
Roll call: Nawrocki, Clerkin, Ruettimann, Peterson - aye
Carlson - nay
The City Attorney will pursue some alternative solutions
for the Council to consider in its dealings with Hilltop.
C.D.B.G. Funds - Meals on Wheels: A letter was received
from Anoka County ACAAP regarding its insurance
requirements for recipients of C.D.B.G. funds. The City
Attorney had contacted Anoka County about the risk of
Columbia Heights for this organization if it authorizes
funds for Meals on Wheels. The letter advised that there
is very limited exposure for the City with this type of
program.
Councilmember Nawrocki recalled that the majority of the
people served by this program reside in Columbia Heights.
It was noted that the $3,000 was previously authorized so
this did not need to be done again, but the City Attorney
recommended that a Hold Harmless clause be inserted into
the agreement so there is documentation regarding the
City's authorization of the program.
Overniqht Parkinq in Mill Street Parkinq..LQt: The City
Manager stated that have been some problems with vehicles
being left parked over night or for extended periods of
time in the Mill Street parking lot. This has caused some
difficulty with plowing the lot.
He noted that the posting of parking prohibitions on
other municipal lots has been very effective.
Councilmember Ruettimann suggested
REGULAR COUNCIL MEETING
DECEMBER 9, 1991
PAGE 14
that some of these vehicles may have been intentionally
left in the lot by persons who preferred not to drive
after consuming alcohol. He recommended that the
Community Service Officer, who would be working a party
at Murzyn Hall, could be alerted if this is the intention
of a vehicle owner and make arrangements so it would not
be towed.
Councilmember Nawrocki noted that some of the vehicles
are left in the lot for some time and perhaps belonged to
residents in the area. Mayor Carlson requested this be an
issue to be addressed at a Council work session.
b. Report of City Attorney
The City Attorney had nothing to report at this time.
ADJOURNMENT
Motion by Ruettimann, second by Nawrocki to adjourn the meeting at
10:55 p.m. Roll call: All ayes
o-/~nhne Student;~ Council
Secretary
Mayor Edward M. Carlson