HomeMy WebLinkAboutAugust 12, 1991OFFICIAL PROCEEDINGS
COLUMBIA HEIGHTS CITY COUNCIL
REGULAR COUNCIL MEETING
AUGUST 12, 1991
The meeting was called to order by Mayor Carlson at 7500 p.m..
1. ROLL CALL
Nawrocki, Clerkin, Ruettimann, Peterson, Carlson - present
2. PLEDGE OF ALLEGIANCE
3. CONSENT AGENDA
The following items were on the consent agenda:
Minutes for ADDroval
The Council approved the minutes of the Regular Council
Meeting of July 22, 1991 and the Public Improvement Hearing of
August 5, 1991 as presented and there were no corrections.
Special Purpose Fence - John Dietsch, 4332 Seventh Street
The Council granted permission to John Dietsch to erect a 7'
high special purpose privacy fence on the north side of the
property located at 4332 Seventh Street after the corrections
have been made with regard to drainage and encroachment.
Request by 500 club to Hold Sixth Annual Kielbasa Days
The Council approved the request submitted by Frank Pastuszak,
owner of the 500 Club, to conduct the Sixth Annual Kielbasa
Days at 500 40th Avenue N.E., outdoors in the rear parking lot
on September 6 - 8, 1991, between the hours of 3:00 and
Wrecked Squad Car
The Council authorized the Mayor and City Manager to enter
into a sale of the damaged police vehicle to Northern Auto
Parts for $1,100.
Attendance at Conference
The Council authorized the attendance of Mark Casey, Director
of Recreation, at the National Recreation and Parks Conference
on October 17-21, 1991, in Baltimore, Maryland, and that
related expenses be reimbursed from the Recreation Department
Fund.
Attendance at Conference
The Council authorized the attendance of Linda Magee,
Assistant to the City Manager, at the NATOA Conference to be
held in Anaheim, California from September 20-23, 1991, and
that related expenses be reimbursed.
REGULAR COUNCIL MEETING
AUGUST 12, 1991
PAGE 2
Approval of License Applications
The Council approved the license applications as listed upon
payment of proper fees.
Payment of Bills
The Council approved the payment of bills as listed out of
proper funds.
APPROVAL OF CONSENT AGENDA
Motion by Nawrocki, second by Peterson to approve the consent
agenda as presented. Roll call: all ayes
OPEN MIKE/PROCLAMATIONS/PRESENTATIONS
There was no one present for Open Mike.
Breen Proclamation
Mayor Carlson read a proclamation designating August 17, 1991
as Elizabeth Netkow Breen Day in Columbia Heights. He
presented the proclamation to Betty Breen and congratulated
her on her Diamond Birthday.
Mayor Carlson felt the crews in the Public Works Department
who had worked on the parking lot across the street from City
Hall should be commended. The parking lot looks "terrific."
PUBLIC HEARINGS/ORDINANCES/RESOLUTIONS
a. Second Reading of Ordinance No. 1227; Being an Ordinance
Amending Ordinance No. 853, City Code of 1977, as amended,
pertaining to Water, Sanitary Sewer and Storm Sewer Services
and Connections
The City Manager advised that this ordinance will place all of
the utility ordinances in one section of the City Code·
Councilmember Nawrocki questioned the wisdom of some of the
time limitations referred to in the ordinance, specifically a
twenty-four time limit which did not allow for weekends nor
holidays. The City Manager responded that it was his
understanding from the discussion at a recent work session
that the Council wished to have staff discretion employed when
enforcing this ordinance.
Councilmember Ruettimann noted that the time frames in the
ordinance were shortened to avoid an extended period of time
when water could be left running which could be quite costly.
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AUGUST 12, 1991
PAGE 3
Councilmember Nawrocki suggested that the second reading of
the ordinance be held and the vote be taken after the
ordinance had been discussed at an upcoming Council work
session.
Motion by Nawrocki, second by Ruettimann to table Ordinance
No. 1227 for further consideration. Roll call: ail ayes
b. Second Reading of Ordinance No. 1224; Being an Ordinance
Amending Ordinance No. 853, City Code of 1977, as amended,
pertaining to the Repeal of Municipal Services, Utilities,
Water and Sewer Connections.
Motion by Nawrocki, second by Clerkin to table the second
reading of Ordinance No. 1224. Roll call: all ayes
c. First Reading of Ordinance No. 1231; Being an Ordinance
Amending Ordinance No. 1181; Amending Ordinance No. 853, City
Code of 1977, Pertaining to Solid Waste
This ordinance was removed from the agenda.
d. First Reading of Ordinance No. 1230; Being an Ordinance
Amending Chapter 3, Article III, Section 1, of the City Code
of the City of Columbia Heights and Repealing Chapter 3,
Article III, Section 11 of the City Code Pertaining to
Appointed Commissions and Boards
This ordinance eliminates the Recreation Commission and amends
the present Park Board ordinance to expand its authority under
the title of Park and Recreation Commission.
The City Manager stated that copies of this ordinance have
been reviewed by the Council, the Park Board and staff and
that no feedback was received. Counctlmember Nawrocki felt the
ordinance should receive its first reading but be discussed at
a Council work session before the second reading.
Councilmember Ruettimann advised that this ordinance had been
discussed at which time he had recommended that two
Councilmembers serve on it in light of its large budget.
Motion by Nawrocki, second by Ruettimann to waive the reading
of Ordinance No. 1230 there being ample copies available for
the public. Roll call: All ayes
REGULAR COUNCIL MEETING
AUGUST 12, 1991
PAGE 4
ORDINANCE NO. 1230
BEING AN ORDINANCE REPEALING CHAPTER 3, ARTICLE III, SECTION 1, OF
THE CITY CODE OF THE CITY OF COLUMBIA HEIGHTS PERTAINING TO
APPOINTED COMMISSIONS AND BOARDS
The City of Columbia Helohts does ordain:
Section
Chapter 3, Article III, Section i of the City Code
of the City of Columbia Heights which currently
reads as follows, to wit:
CHAPTER 3
ADMINISTRATIVE CODE
ARTICLE III
APPOINTED COMMISSIONS
SECTION i
PARK BOARD
3.301(1)
3.301(2)
3.301(3)
The Park Board is hereby established to supervise and
control the use of public park lands in the City,
including parks, parkways, playgrounds; recreation fields
and buildings; lakes, streams, and beaches therein; and
all public service facilities related thereto. The Board
shall also recommend improvements for such parks as may
be necessary and desirable, and shall have the authority
to make reasonable administrative rules and regulations
governing public use of park lands, but shall at all
times be subject to the direction and authority of the
Council.
The Park Board shall be composed of six members from
among the residents of the City. Each member shall serve
a term of five years. One such member shall be a
Councilman, who shall serve at the will of the Council.
The Park Board shall have the power to make expenditures
from funds so authorized and budgeted by the Council and
approved by the Manager~ provided, however, that no
single expenditure of an amount in excess of Five Hundred
Dollars shall be made without the specific authorization
of the Council, and expenditures of amounts in excess of
One Thousand Dollars shall be made in the manner
prescribed by the Charter.
(a)
All monies received by the Park Board or its
representatives in the course of administering any
properties or programs under its Jurisdiction shall
be turned over to the Treasurer at intervals of not
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AUGUST 12, 1991
PAGE 5
3.301(4)
greater than once each week for placement in a Park
Fund. No monies placed in said Park Fund shall be
transferred to any other fund unless authorized by
a Resolution of the Council and passed by.four-
fifths (4/5) vote of said Council.
(b)
The Park Board shall keep such books and records of
account as are necessary for a proper recording of
its financial activities as determined by the
Manager. At the end of each fiscal year, the Board
shall cause an audit of its accounts and records to
be made and submit a report thereon to the Council.
During the month of July of each year, the Board
shall submit to the Council at a regular meeting
thereof a proposed budget showing its estimated
financial requirements for the ensuing fiscal year.
(c)
Expenditures may be made for the purpose of making
improvements on park lands, such as planting trees,
shrubs and flowers, and ornamenting or protecting
the same; administering park programs for the
citizens of the City; or in any other manner
authorized and allowed under this section and the
Charter.
(d)
All claims and all bills incurred by the Board
shall be presented to the Council for payment and
paid in the same manner as other claims against the
City are paid.
The Park Board may authorize the issuance of permits for
otherwise prohibited activities to allow the holders
thereof to:
(a)
remain in the parks or on the parkways, lakes or
waterways during otherwise prohibited hours;
(b) post notices;
(c) park vehicles in otherwise unauthorized areas;
(d) aquaplane or water ski in otherwise prohibited
(e) distribute circulars or cards;
(f) sell refreshments or other articles;
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AUGUST 12, 1991
PAGE 6
(~)
bring a dog into the park for the purpose of
conducting dog shows or exhibitions held under the
direction of the Board~
(h) conduct shows of entertainment or exhibitions;
conduct public meetings or public speeches upon a
showing to the Board that the health and safety of
those in attendance will be properly safeguarded;
and
have fires on the ice of any lake under the
jurisdiction of the Board upon showing of
compliance with regulations established by the
Board for the safety of said heaters.
3.301(5)
The Park Board shall have the authority to revoke for
good cause, any permit issued either by the Park Board or
the Park Superintendent, but (except upon conviction by
the Court) the person whose permit is subject to be
revoked, shall have at least five days' notice thereof in
writing and an opportunity to appear before the Park
Board or a committee thereof, to show cause why this
permit should not be revoked.
is herewith amended to read as follows:
CHAPTER 3
ARTICLE III
SECTION 1
ADMINISTRATIVE CODE
APPOINTED COMMISSIONS AND BOARDS
PARK AND RECREATION COMMISSION
3.301(1)
The Park and Recreation Commission is hereby established
to supervise and control the use of public park lands,
recreation, and senior citizen programs in the City,
including parks, parkways, playgrounds~ recreation fields
and buildings; lakes, streams, and beaches therein; and
all public service facilities related thereto. The
Commission shall also recommend improvements for such
parks as may be necessary and desirable, and shall have
the authority to make reasonable administrative rules and
regulations, including sett1ng fees, governing public use
of park lands and buildings, but shall at all times be
subject to the direction and authority of the Council.
All recreation programs shall be in accordance with the
policies approved by the City Council.
REGULAR COUNCIL MEETING
AUGUST 12, 1991
PAGE ?
3.301(2)
3.301(3)
The Commission shall have broad programming latitude In
the implementation of those policies, including
programming ideas, development, and functions.
The Commission shall conduct and supervise recreation
services and programs for public recreation in its
broadest sense, including playgrounds, parks, playfields,
swtmmtng pools, beaches, camps, indoor recreation
centers, and any and all other recreation activities.
The Park and Recreation Commission shall be composed of
seven members from among the residents of the City. Five
members shall serve a term of five years. Of the two
other members, at least one shall be a City Councilmember
and both shall serve at the will of the Council.
The Park and Recreation Commission shall have the power
to make expenditures from funds so authorized and
budgeted by the Council and approved by the City Manager;
provided, however, that no single expenditure shall be
made in an amount in excess of Seven Hundred and Fifty
Dollars.
(a)
A11 monies received by the Park and Recreation
Commission or its representatives in the course of
administering any properties or programs under its
jurisdiction shall be turned over to the Treasurer
at intervals of not greater than once each week for
placement in the appropriate fund. No monies placed
in said fund shall be transferred to any other fund
unless authorized by a Resolution of the Council
and passed by four-fifths (4/5) vote of said
Council.
(b)
The Park and Recreation Commission shall keep such
books and records of accounts as are necessary for
a proper recording of its financial activities as
determined by the Manager. At a time prescribed by
the Manager, the Commission shall submlt to the
Council a proposed budget showing its estimated
financial requirements for the ensuing fiscal year.
(c)
Expenditures may be made for the purpose of making
Improvements on park lands, such as plantlng trees,
shrubs and flowers, and ornamenting or protecting
the same~ administering park and recreation
programs for the citizens of the City; or in any
other manner authorized and allowed under this
section and the Charter.
REGULAR COUNCIL MEETING
AUGUST 12, 1991
PAGE 8
3.301(4)
3.301(5)
(d)
All claims end all bills incurred by the Commission
shall be presented to the Council for payment and
paid in the same manner as other claims &qainst the
City are paid.
The Park and Recreation Commission may authorize the
issuance of permits for otherwise prohibited activities
to allow the holders thereof to:
(a)
Remain in the parks or on the parkways, lakes or
waterways during otherwise prohibited hours;
(b) Post notices;
(c) Park vehicles in otherwise unauthorized areas;
(d)
Aquaplane or water ski in otherwise prohibited
areas;
(e) Distribute circulars or cards;
(f) Sell refreshments or other articles;
(g)
Bring a dog into the park for the purpose of
conducting dog shows or exhibitions held under the
direction of the Commission;
(h) Conduct shows of entertainment or exhibitions;
(i)
Conduct public meetings or public speeches upon a
showing to the Commission that the health and
safety of those in attendance will be properly
safeguarded; and
Have fires on the ice of any lake under the
Jurisdiction of the Commission upon showing of
compliance with re~ulations established by the
Commission for the safety of said heaters.
The Park and Recreation Commission shall have the
authority to revoke for ~ood cause, any permit issued
either by the Commission or the designated City employee,
but (except upon conviction by Court} the person whose
permit is subject to be revoked shall have at least five
days' notice thereof in writing and the opportunity to
appear before the Commission, or a committee thereof, to
show cause why this permit should not be revoked.
REGULAR COUNCIL MEETING
AUGUST 12, 1991
PAGE 9
3.301(6)
3.301(7)
Sec 2:
The Commission and the Recreation Director shall have
authority to suspend any coach, referee or other person
when it is for the good of the recreation program. Such
suspension may be appealed to the full commission if
requested in writing within five days to the City
Manager. If not appealed within five days, the suspension
shall stand. If appealed, the Commission shall meet to
let the suspended individual be heard. Thereafter, the
Commission shall make a finding, such finding is final.
The Commission is empowered and authorized to solicit and
receive gifts, bequests, or endowments of money or
property as donations or grants from persons, firms or
corporations including governmental agencies and to
administer the funds for public park and recreation
purposes subject to City Charter and City policy.
Chapter 3, Article III, Section 11 of the City Code of
the of the City of Columbia Heights is hereby repealed.
Sec 3:
This ordinance shall be in full force and effect from and
after thirty (30) days after its passage.
First Reading: August 12, 1991
Motion by Ruettimann, second by Peterson to schedule the second
reading of Ordinance No. 1230 for August 26, 1991. Roll call: All
ayes
Motion by Ruettimann, second by Clerkin that the City Manager be
requested to place agenda items, 6 a,b,c, and d as priority items
for discussion at the next Council work session. Roll call: All
ayes
7.
COMMUNICATIONS
Planning and Zoning Commission
The minutes of the August 6, 1991 Planning and Zoning
Commission meeting were in the agenda packet for Council
review and the following item was on the Council agenda:
Conditional Use Permit - Crestview Lutheran Home, 1515
44th Avenue
This conditional use permit is being requested to allow
for the operation of a Montessort School/Daycare facility
tn the lower level of 1515 44th Avenue, Royce Place.
REGULAR COUNCIL MEETING
AUGUST 12, 1991
PAGE 10
Councilmember Nawrocki expressed concerns with the
required parking spaces, noting that the contract with
Crestviewdid not refer to this school. The City Attorney
noted that the parking requirements referred to in the
agreement refers to square footage not the use of the
building.
Motion by Clerkin, second by Ruettimann to approve the
conditional use permit for Little Voyaguers Daycare
located at 1515 44th Avenue N.E. Roll calls all ayes
Sign Setback Variance - Denny's
Manning) 5025 Central Avenue N.E.
Restaurant (Ralph
This variance is being requested as Mr. Manning feels
there is virtually no exposure to a sign for traffic
coming from the north on Central Avenue.
Councilmember Ruettimann felt that the sign for Denny's
was unusual enough so that it would be visible if placed
in the same location as the one presently there which
advertised the Sizzler Restaurant. Councilmember Nawrocki
felt approval of this request would be an unnecessary
encroachment on the sign ordinance and he did not see any
hardship in the present location.
Councilmember Peterson advised that the Planning and
Zoning Commission did deny the height variance request
and noted that occupany does depend on the variance for
the location of the sign being granted.
Motion by Clerkin, second by Peterson to grant approval
of a 15' setback variance to allow the erection of a
freestanding sign at the extreme southwest corner of 5025
Central Avenue N.E.
Roll call: Clerkin, Carlson, Peterson - aye
Nawrocki, Ruettimann - nay
8. OLD BUSINESS
Variance for Construction of Fiber Optic Inteconnect
Mayor Carlson noted he has discussed this matter with
some members of the Cable Commission and his concerns
have been responded to.
Councilmember Ruettimann said this variance request had
been tabled for only one member of the Cable Commission's
consideration. He apologized to the other members of the
Commission.
REGULAR COUNCIL MEETING
AUGUST 12, 1991
PAGE 11
Motion by Ruettimann, second by Peterson to approve the
variance allowing Cable TV North Central to install the
fiber optic cable aerially in the following locations:
1. 49th Avenue, between the first pole east of Tyler
and the first pole west of Tyler
2. The rear easement of Fairway Drive, between Chatham
and 49th Avenue
3. Chatham, between Fairway Drive and 45th Avenue
4. 45th Avenue/County Road E, from Chatham to Stinson
Boulevard
based on the reconanendations and findings of the Cable
Commission that:
Application of the literal provisions of the
franchise will result in a hardship to the
applicant and to grant a variance would not be
detrimental to other affected parties·
Due to expense or delay, it would be unreasonable
to perfect such change by ordinance amendment.
Undue delay, expense or other adverse results will
not occur by approval of the required ordinance.
If a variance is because of technical or cost
reasons, the variance will result in equal or
better technical standards or cost efficiency.
Roll call: All ayes
Purchase of Election Voting Booths
The City Manager explained the advantages of these booths
over those which have been used for many years.
Motion by Peterson, second by Nawrocki to authorize the
Mayor and City Manager to enter into an agreement with
Business Records Corporation for the purchase of 60
election booths at a cost of $10,500 plus freight
(approximately $300-$400). Roll calls all ayes
Hook ups for these booths will be verified by the Fire
Chief before the purchase is made.
9. NEW BUSINESS
Authorization to Purchase New Cash Register System for
the Liquor Operation
The Finance Director advised that this item had been in
the 1990 budget and it in the 1991 budget. He noted that
there is no automated cash register system in the Heights
Liquor Store only at Top Valu.
REGULAR COUNCIL MEETING
AUGUST 12, 1991
PAGE 12
Councilmember Nawrocki inquired what the anticipated life
of this system might be and the annual maintenance costs·
The Liquor Operations Manager responded that the seven
years the present system has been in place was quite
good. He noted that he had opted to not go with a
maintenance contract since the experience with the
present system was far less expensive-than a maintenance
contract would have been..With the aid of a technician
via the phone most of the problems experienced had been
repairable by employees.
Motion by Clerkin, second by Peterson to authorize the
Mayor and City Manager to enter into an agreement with
Retail Data Systems for the purchase and installation of
a cash register system in the liquor operation based on
Iow proposal at a cost of $54,896. Roll call: all ayes
Animal Control Contract
Motion by Nawrocki, second by Peterson to authorize the
Mayor and City Manager to enter into a contract for
animal control services with the Greater Anoka County
Humane Society for the period of August 1, 1991, through
August 1, 1992, at the rates proposed in their letter aNd
contract sent to the City on July l, 1991. Roll call; All
ayes
Obtaining Surveying Services
Motion by Nawrocki, second by Clerkin to authorize
entering into an agreement with Pioneer Engineering to
perform surveying services at the rate of $75.00 per hour
not to exceed $13,200; and furthermore, to authorize the
Mayor and City Manager to enter into an agrement for the
same; and that the staff be authorized to secure other
prices for said services that may be compatible with our
equipment. Roll call: all ayes
Purchase of Playground Equipment at McKenna park
Motion b~ Ruettimann, second by Peterson to authorize the
purchase of replacement playground equipment for McKenna
Park from Bob Kiln, Associates as submitted on their
proposal dated June 4, 1991, in an amount of
based upon a recommendation from the Park Board~ and
furthermore, to authorize the Mayor and City Manager to
enter into an agreement for the same. Roll call: all ayes
REGULAR COUNCIL MEETING
AUGUST 12, 1991
PAGE 13
Final Payment and Acceptance of Municipal Projects #9017
and #9024
Project #9017 is for the Silver Lake boat landing and
Project #9024 is 38th Place construction.
Motion by Clerkin, second by Ruettlmann to authorize
final payment of $5,913.34 for Municipal Projects #9017
and #9024 to Midwest Asphalt Corporation and acceptance
of the work for both projects. Roll call: All ayes
Engineering Award for Pump Stations and Lift Stations -
Projects #9119 and #9120
Motion by Nawrocki, second by Peterson to authorize the
hiring of Maier Stewart & Associates to perform
engineering services for Municipal Projects #9119 and
#9120, for an amount not to exceed $11,550; and
furthermore, to authorize the Mayor and City Manager to
enter into an agreement for the same. Roll call: all ayes
Six Cities Watershed Management Organization - 1992
Budget
Motion by Nawrocki, second by Peterson to appove the 1992
budget of $10,000 for the Six Cities Watershed Management
Organization. Roll call: All ayes
h. Old Fashioned Skating Rink in Huset Park Proposal
The City Manager gave the estimated costs for the block,
the tie backs and the delivery for the retaining wall for
the proposed skating rink at Huset Park. It was noted
that there were some funds for this project in the Park
budget and funding has been in the Capital Improvement
Program for Huset Park for three years.
Councilmember Ruettimann advised that there will be
volunteer help available from the Lions Club and from the
Athletic Boosters. This volunteer labor could save about
$7,000 to $8,000 and he felt the project could be
completed this year rather than waiting two or three
years longer.
Councilmember Nawrocki commended Councilmember Ruettimann
on his efforts on behalf of this project. He inquired if
the neighbors to the Park had been advised of the
specifics of this project.
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AUGUST 12, 1991
PAGE 14
Councilmember Ruettimann responded that a letter
requesting the neighbors to volunteer for the project
will be going out. Me noted that they had previously
requested a free skating style rink. He observed that
this is a regional park and some of the neighbors may
have objections and some may not.
Councilmember Nawrocki felt an informal meeting of the
neighbors should be held to outline the project.
Motion by Clerkln, second by Peterson to authorize up to
$4,500 be expended on the project. Roll call= All ayes
Property at 3807 Central Avenue
Councllmember Nawrockt noted that the house at 3807
Central Avenue has long been used for commercial
purposes. Presently, the property Is unoccupied. He noted
that the owner is having problems renting the house for
a commercial use. The owner would like to rent it as a
residence but it would need to be rezoned. Councilmember
Nawrocki inquired if there is a possibility of a
temporary revision of the zoning. The City Attorney will
research this issue.
Council Booth at Bootstrap Days
The possibility of having a booth at Bootstrap Days for
the City Council was discussed. The majority of the
Councllmembers felt this would be desirable.
10. REPORTS
a. Report of the city Manaaer
The City Manager's report was submitted in written form
and these additional items were discussed=
1. Required Parking Surfaces= The owner of four double
bungalows adjacent to 44th Avenue has requested the
Council to consider allowing him to pay for having an
asphalt surface put on the alley abutting his properties·
The alley presently has a gravel eurface. He is
considering putting asphalt on the surface of the parking
spaces for his bungalows·
Councilmember Peterson inquired if this would exempt this
property owner from any assessments if there were
improvements done on the alley in the future· It was
REGULAR COUNCIL MEETING
AUGUST 12, 1991
PAGE 15
noted that if this portion of the alley were surfaced it
would be done meeting City standards and subject to the
Engineer's approval of the design. Some grading by the
City crews may need to be done. Councilmember Ruettlmann
suggested that other property owners on the alley be
notified of this potential project and we may find they
may want to participate in surfacing of the alley. The
Public Works Director observed that many of the
properties do not have driveways on the alley and enter
their properties from the street.
2. Council Work Sessions: Council work sessions were
scheduled for August 19, 20, and 21.
3. Driveway Turn Around at Parkview Villa: The H.R.A. has
an easement on the back driveway which serves the
building. The Public Works Director suggested that this
driveway be brought in from the North to the building.
Councilmember Nawrocki stated that the H.R.A. is meeting
on August 13th and he will bring this information and
alternative to the meeting for consideration.
4. Reviewal of Tabled Ordinances: The City Manager
suggested that the ordinances tabled at this meeting
could be discussed following adjournment.
b. Report of the City Attorney
The City Attorney had nothing to report at this time.
ADJOURNMENT
Motion by Nawrocki, second by Peterson to adjourn the meeting at
9:45 p.m.. Roll call: All ayes
MaYor EdWard' M. Carlson
/~o-A~ne S~d~n~, Council Secretary