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LAKE ELMO CITY COUNCIL MINUTES DECEMBER 5, 1989 PAGE 5 t ` M/S/P Moe/Graves - to approve Partial Payment No. 4 to C.W. Houle, Inc. in the amount of $2.4,291.83 be passed through to the developer. (Motion carried 5-0). D. Final Payment: 20th Street and 38th and 39th Street Valley Paving Larry Bohrer reported that the work on 20th Street, 38th and 39th Streets is complete and ready for final acceptance. Bohrer requested the following action: 1. Accept the work on 20th Street, 38th and 39th Streets. 2. Approve Compensating Change Order No. 1 for $4,450.30. 3. Issue final payment of $3,740.56 to Valley Paving. M/S/P Moe/Graves - to accept the work on 20th Street, 38th and 39th Streets, approve Compensating Change Order No. 1 for $4,450.30 and issue final payment of $3,740.56 to Valley Paving. (Motion carried 5-0). 9. CITY ATTORNEY'S REPORT: Councilman Don Moe, referred to State Statute #200.031, stating he does not Live in Lake Elmo at this time, left the City on November 1, 1989, moved to a townhouse in Oakdale, but his intent was to find a home in Lake Elmo and move back. Moe submitted a letter of resignation effective January 1, 1990. M/S/P Williams/Hunt - whereas MN State Statutes #351.02, No. 4., states when an office becomes vacant when a holder ceases to be a resident; whereas, Moe's letter stated he physically completed the move as of I1/l/89, resolved the City Council of Lake Elmo finds, as a matter of fact, the council seat of Donald E. Moe is vacant effective of the date, November 1, 1989. (Motion carried 3-2: Moe, Graves: based on the City Attorney's interpretation Moe was legally a council member as long as his intent was to stay in Lake Elmo, a precedent had been set in the City when Dave Morgan was on the Council). M/S/P Williams/Hunt - to add new agenda item, Advertisng for City Councilmember's position. (Motion carried 4-0). M/S/P Graves/Hunt - to direct the City Attorney and Administrator to identify the correct procedure according to State Statutes, and any other appropriate guidelines, for filling the City Council vacancy and to take action in response to that by advertising the position with the required periods of time, required newspaper or other methods, and to fill the vacancy as quickly as possible. (Motion carried 4-0). Hunt added the procedure would be to submit an application, basically the P7 application, and request they include a paragraph stating why they feel they are a qualified applicant for the position. These applications should be available for review by the Council so they may have adequate time to privately interview any of the applicants to determine their interest and suitability.