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HomeMy WebLinkAboutMay 10, 1982Official Proceedings Columbia Heights City Council Regular Meeting May 10, 1982 The meeting was called to order by Mayor Nawrocki at 8:00 pm. 1. Roll Call Hovland, Petkoff, Norberg, Hentges, Nawrocki--present 2. Invocation Councilman Norberg offered the Invocation. 3' Minutes of Previous Meetings Motion by Hentges, second by Norberg to approve the minutes of the Public Hearing of April 26th, and the Regular Council Meeting of April 26th as presented in writing; and that the reading be dispe~sed with. Roll call: All ayes 4. Oral Petitions There were no oral petitions. 5. Ordinances and Resolutions a. Second Reading of Ordinance No.lOO1 being an ordinance amending Ordinance No.853, City Code of 1977, pertaining to the rezoning of certain real estate. Motion by Norberg, second by Hentges to waive the reading of the ordinance there being ample copies available to the public. Roll call: All ayes ORDINANCE NO. 1001 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977, PERTAINING TO THE REZONING OF CERTAIN REAL ESTATE The City Council of the City of Columbia Heights does ordain: Section 1: That the real property located in the 900 block of 43-1/2 Avenue Northeast, legally described as: Lot 33, Block 2, Reservoir Hills, Anoka County, Minnesota, except the East 45.0 feet and the South 137.5 feet thereof which is currently zoned "R-B", RETAIL BUSINESS DISTRICT is herewith rezoned to "R-3", MULTIPLE FAMILY RESIDENTIAL DISTRICT. Section 2: The official Zoning Map is herewith amended to reflect said change. Section 3: 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: Offered by: Seconded by: Roll call: April 12, 1982 May 10, 1982 May IO, 1982 Hentges Petkoff All ayes Bruce G. Nawrocki, Mayor Jo-Anne Student, Council Secretary B. First Reading of Ordinance No.999 being an ordinance amending Ordinance No.853, City Code of 1977, and pertaining to nuisance characteristics. Regular Council Meeting May 10, 1982 page 2 The City Manager had suggested that this ordinance be referred to the Science, Tech- nology & Energy Commission for their review. Councilman Hentges felt that any changes this Commission may recommend might warrant another first reading. Motion by Hentges, second by Petkoff to refer Ordinance No.999 to the Science, Tech- noloqy & Energy Commission for review and input. Roll call: Hentges--aye Hovland, Petkoff, Norberg, Nawrocki--nay Motion fails. Motion by Norberg, second by Hovland to waive the first reading of Ordinance No.999 there being ample copies available to the public. Roll call: All ayes ORDINANCE NO. 999 BEING AN ORDINANCE AMENDING ORDINANCE N0.853, CITY CODE OF 1977, AND PERTAINING TO OTHER NUISANCE CHARACTERISTICS The City Council of the City of Columbia Heights does ordain: Section l: Section 9.117(9) of Ordinance No.853, City Code of 1977, passed June 21, 1977, which reads as follows, to-wit: "9.117(9) Other Nuisance Characteristics No noise, odors, vibration, smoke, air pollution or dangerous wastes shall be created that are offensive or dangerous to the public health and safety. The following are hereby established as the governing limits in the determination of offensive nuisance characteristics: (a) Noise i) Maximum governing noise limitations measured at property line: OCTAVE BANDS CENTERED ON SOUND LEVELS IN DECIBELS Residential District Non-Residential 63 H Z 59 70 125 H Z 54 66 250 H Z 50 62 500 H ~ 45 59 1000 H Z 40 55 2000 H ~ 36 51 4000 H Z 33 48 8000 H ~ 33 48 ii) References The following documents shall govern definitions, methods and other matters relating to sound and noise; said documents, copies of which are on file in the office of the City Clerk, are herein incorporated by reference and made a part hereof: l) American National Standards Institute ANSI Sl.1 AcOustic terminology ANSI S1.4 Specifications of general purpose sound level meters ANSI S1.5 Preferred frequencies for acoustical measurements ANSI Sl.8 Reference quantities for acoustical levels ANSI Sl.13 Methods for measurement of sound pressure levels Regular Council Meeting May 10, 1982 page 3 2) Environmental Protection Agency EPA Levels Document-Sound levels requisite to protect the public health and welfare in the environment. 3) International Standard Organization ISO/R 1999-1966 iii) As a method of screening for probable non-compliance the following levels are est- ablished as primary levels, the exceeding of which shall be cited as in violation of this Ordinance, and requiring abatement: During the hours of 7:00 A.M. and 10:00 P.M. Average Sound Level 55 dBA 65 dBA 75 dBA Zone Residential Commercial Industrial At all other times: Residential Commercial Industrial 45 dBA 50 dBA 70 dBA All measurements to be made at the lot line with an ANSI $1.4 Type 2 meter or better, set for slow damping and a-weighted response and used according to ANSI standard S1.13 methods. iv) If the sound measured is impulsive, staccato, or contains prominent pure tones, as defined and measured according to ANSI Standards and the EPA levels document, the levels of (c) above shall be lowered in all cased by 5 decibels, a-weighted, and those of (a) above, by 5 decibels in each octave band. (b) Odors: (Measured at the property line) Table lll (Odor Thresholds) in Chapter 5, "Air Pollution Manual" copy-right 1951 by Manufacturing Chemists Association, Inc. Washington, D.C. (c) Vibration: Any vibration discernable to the human sense of feeling for three (3) minutes or more duration in any one hour and any vibration producing an acceleration of more than o. lg., or shall result in any combination of amplitudes and frequencies beyond the "safe" range of Table 7, U.S. Bureau of Mines, Bulletin "Quarry Blasting" on any structure. (d) Smoke: Any emission of visible smoke of a shade equal to or greater than No.2 on the Ringlemann Smoke Chart, as published by the U.S.Bureau of Mines, except that visible grey smoke of a shade darker than No. 2 on said chart may be emitted for not more than two minutes in any 30 minute period. (e) Air Pollution: (Fly ash, dust, fumes, vapors, gasses, etc.) No emission which can cause any damage to health, animals, or vegetation or other forms of property or which can cause any excessive soiling at any point, and in no event any emission of any solid or liquid particles in concentrations exceeding 0.85 lbs. per 1,000 lbs. of gasses shall be permitted. Measurement to be made at any convenient point along the stack. In the Case of fuel burning equipment an adjustment of the gasses to 12 per- cent C02 content will be made. In no case shall more than 15 percent of the total dust measured before entering the dust collecting device be emitted into the atmosphere." is herewith amended to read as follows: 9.117(9) Other Nuisance Characteristics No noise, odors, vibration, smoke, air pollution or dangerous wastes shall be created that are offensive or dangerous to the public health and safety. The following are hereby established as the governing limits in the determination of offensive nuisance characteristics: Regular Council Meeting May 10, 1982 page 4 (a) Noise (1) Definitions i) General Words and phrases defined in this section have, when used in this ordinance, the meanings given below. Any other word or phrase used in this ordinance, and defined in regulations of the Minnesota Pollution Control Agency Noise Pollution Control Section, NPC-1 and NPC-4, has the meaning given in those regulations. ii) Air circulation device means a mechanism designed and used for the controlled flow of air used in ventilation, c&oling, or conditioning, including, but not limited to, central and window air conditioning units. iii) LlO means the sound level, expressed in decibels (dBA) which is exceeded lO percent of the time for a one-hour period, as measured by a sound level meter having character- istics as specified in the latest standards, S1.4, of the American National Standards Institute iv) L50 means the sound level similarly expressed and measured which is exceeded 50 per- cent of the time for a one-hour period. v) Person means an individual, firm, partnership, corporation, trustee, association, the state and its agencies and subdivisions, or any body of persons whether incorporated or not. With respect to acts prohibited or required herein, "person" shall include employ- ees and licensees, vi) Stationary means not moving. (2) Maximum Noise Levels at Point of Reception No person shall operate or cause or permit to be operated, any source of noise as to create a noise level exceeding the limit specified below for the receiving zoning district category when measured at or within the property line of the receiving land use. DAY (7:00am-lO:OOpm) NIGHT (lO:OOpm-7:OOam) Zoning Districts LIO L50 LIO L50 Residential 65 60 55 50 Commercial 70 65 70 65 Industrial 80 75 80 75 (3) Maximum Noise Levels for Stationary Sources of Noise No person shall operate or cause to be operated any of the following enumerated stat- ionary sources of noise in excess of the limits specified below when measured at the property line of the property upon which the source of noise is located: Air Circulation Devices DAY (7:00am-lO:OOpm) NIGHT (lO:OOpm-7:OOam) Zoning Districts Residential 60 50 Commercial 65 65 Industrial 75 75 (4) Measurement Procedure All noise measurement to be made with an ANSI S1.4 Type 2 meter or better, set for slow damping and a-weighted response and used according to ANSI standard S1.13 methods. (b) Odors: (Measured at the property line) Table Ill (Odor Thresholds) in Chapter 5, "Air Pollution Manual" copy-right 1951 by Manufacturing Chemists Association, Inc. Washington, D.C. (c) Vibration: Any vibration discernable to the human sense of feeling for three (3) minutes or more duration in any one hour and any vibration producing an acceleration of more than O. lg., or shall result in any combination of amplitudes and frequencies beyond the "safe" range of Table 7, U.S. Bureau of Mines, Bulletin "Quarry Blasting" on any structure. Regular Council Meeting May lO, 1982 page 5 (d) Smoke: Any emissicn of visible smoke of a shade equal to or greater than No.2 on the Ringlemann Smoke Chart, as published by the U.S. Bureau of Mines, except that visible grey smoke of a shade darker than No.2 on said chart may be emitted for not more than two minutes in any 30 minute period. (e) Air Pollution: (Fly ash, dust, fumes, vapors, gasses, etc.) No emission which can cause any damage to health, animals, or vegetation or other forms of property or which can cause any excessive soiling at any point, and in no event any emission of any solid or liquid particles in concentrations exceeding 0.85 lbs. per 1,O00 lbs. of gasses shall be permitted. Measurement to be made at any convenient point along the stack. In the case of fuel burning equipment an adjustment of the gasses of 12 per- cent C02 content will be made. In no case shall more than 15 percent of the total dust measured before entering the dust collecting device be emitted into the atmosphere. 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; May 10, 1982 Jo-Anne Student, Council Secretary Bruce G. Nawrocki, Mayor Motion by Norberg, second by Hovland to refer this ordinance (Ordinance No.999) to the Science, Technology & Energy Commission for review and any recommendations. Roll call: All ayes c. Resolution 82-24 Adjusting 1981 Budget to Projected Annual Budget A previous resolution (81-75) was passed which amended the 1981 budget to reflect ant- icipated expenditures by department. Resolution No.82-24 would amend the 1981 budget based on actual expenditures by department. Motion by Norberg, second by Hentges to waive the reading of the resolution there being ample copies available to the public. Roll call: All ayes RESOLUTION 82-24 ADJUST 1981 BUDGET TO PROJECTED ANNUAL BUDGET WHEREAS, the City Council of the City of Columbla Heights has re- viewed the projected annual 1981 expenses in conjunction with the 1982 budget, and WHEREAS, the City Treasurer has reviewed each General Fund object classlfication after passing of the bills approved by Council on December 28, 1981, and allowing for year-end accruals, NOW THEREFORE, BE IT HEREBY RESOLVED by the City Council of the City of Columbla Heights that the following departmental budgets be In- creased (or decreased) as needed with a balance to the General Fund Contingency: Regular Council Meeting May lO, 1982 page 6 Mayor-Council ....... $ City Manager ........ Finance-Clerk ....... Assessing ........... Planning ............ Police .............. Legal ............... (4 592) (9 99O) 000) (11,413) 2 808 (8 000) (6 000) Streets ............. Street Lighting ..... 2 Tree Trim & Replacement (1 Refuse Collection .... (20 Library .............. (6 Weed Control ......... 1 Fire ................. I (10 000) O00 987) ooo) ooo) 000 000 Increased Contingency ......... $81,174 Passed this 1OLh day of May, 1982 Offered by: Hentges Seconded by: Petkoff Roll call: All ayes Jo-Anne Student, Council Secretary Bruce G. Nawrocki, Mayor d. Resolution 82-25 being a resolution adopting a Shade Tree Program for the year 1982 regarding a local subsidy for the removal of diseased trees and stumps from private pro- perty as directed under the City Code of the City of Columbia Heights, Chapter 4, Art- icle ll. Motion by Norberg, second by Petkoff to waive the reading of the resolution there being ample copies available to the public. Roll call: All ayes The funding for the Shade Tree Program and reimbursement from the State for diseased trees no longer exists. Because of this lack of funds many municipalities have discont- inued the programs. Councilman Norberg stated that he is proud of the members of the Columbia Heights City Council in that they are standing up to their responsibility in continuing the program. RESOLUTION 82-25 ADOPTING A SHADE TREE PROGRAM FOR THE YEAR 1982 REGARDING A LOCAL SUBSIDY FOR THE REMOVAL OF DISEASED TREES AND STUMPS FROM PRIVATE PROPERTY AS DIRECTED UNDER THE CITY CODE OF THE CITY OF COLUMBIA HEIGHTS, CHAPTER 4, ARTICLE II WHEREAS, the City of Columbia Heights has experienced an elimination of local gov- ernment aids from the State of Minnesota Shade Tree Program; and, WHEREAS, it is the intention of the City Council to assist the property owner in receiving whatever financial assistance is available; NOW THEREFORE BE IT RESOLVED that the City of Columbia Heights shall grant a local subsidy to the extent of 50% of the cost of the removal and disposal of trees and stumps from private property, inspected and certified as having active oak wilt or dutch elm disease. Passed this lOth day of May, 1982 Offered by: Norberg Seconded by: Hovland Roll call: All ayes Jo-Anne Student, Council Secretary Bruce G. Nawrocki, Mayor Regular Council Meeting May 10, 1982 page 7 e. Resolution 82-26 Subdivision Request This resolution would divide the parcel located at 4233 University Avenue into two lots. Motion by Hentges, second by Hovland to waive the reading of the resolution there being ample copies available to the public. Roll call: All ayes It was noted that when these two lots are developed they will have to have front access for service es there will be no alley. CITY OF COLUMBIA H£1GI4TS ~90 - 40T# AVENUE N.E. I, Emily B. Hanson #er·by request · spilt of PLAT No. 34410 , PARCEL Bo.. 380 .- Legally described as: P.I.N. 35 30 24 24 0169 Lot 7, Block l, Re·rt. of Blk C - Ex. E. 134.7 Ft.-Ex. S. 90 ft. - Ex. S: ~0 Ft. of E. 134.57 ft. THE DESCRIPTION HENCEFORTH TO BE: N. 1/2 of Lot 7, Block !, Rearr. of Block C (Ex. E. 134.7' of th. pt. ly. N. of S. S. 1/2 of Lot 7, Block 1, Rearr. of Block C ( Ex. S. ~0' of E. 134.57') & (Ex. E. 134.7 ' of th. pt. ly. N. of S. 90') le it further resolved that special Issassmnts of record In the office o? the Clty of Columbia Heights ms of this day, against the above described property, In the Ia~unt of $ NONE Any pending or futura assessments wTIl be levied according to the fle~ split IS approved this day. planning DepartmenT Action: ~ City Councll Act ion: SlgnatdJ'e Of Owner, #~t~r[zed 4124 Columbus Ave. So. Hpls. 55407 Owner's '~ddres s Telephone No.... . APPROVED thls_LO__day of May. 19~12 . Regular Council Meeting May 10, 1982 page 8 Offered by: Hentges $~r,~nded by: Hovland ~,~11 till: All ayes Subscribed end sworn to before m thls ~4¢ritery to t~e Co~e¢ll Ira Rs a result of the redistrictin§, Precinct 5 is no longer a part of ~ separate le§- islatiYe ~istrict. The Mayor obserYe~ that incorporating precinct 5 into precinct 3 ~o~1~ be inconvenient for voters in precinct 3, especially t~ose registered voters Motion by Hentges, second by Nawrocki to table this request at this time. Roll call: All ayes 6. Communications a. Planning & Zoning Commission 1. David Spake, 4521 N.E. Seventh St., Variance Mr. Spake is requesting a 10.7 foot setback variance from the alley on a 24x24 foot garage to be constructed. Motion by Hovland, second by Petkoff, on recommendation of the Planning & Zoning Com- mission, to grant approval of the variance request. Roll call: Hovland, Petkoff, Hentges, Nawrocki--aye Norberg--abstain 2. Daniel Whipps, 4356 Madison Street, Special Purpose Fence Mr. Whipps is requesting permission to build a 6 foot hioh Drivacv fench which wo:,l~ start at his garage and extend along the north property line to a point at the front of his house. Motion by Hentges, second by Petkoff to grant approval for the construction of a 6 foot high privacy fence at 4356 Madison Street. Roll call: All ayes 3. William McMillan, ll21 39th Avenue Variance This request is for a twelve foot rear yard variance to permit the construction of a 16 x 22 foot addition to the rear of the house. Motion by Hentges, second by Hovland, upon recommendation of the Planning & Zoning Commission) to grant approval for this variance. Roll call: All ayes b. Traffic Commission 1. Stop Sign on 43½ Avenue at Tyler Street The Traffic Commission is recommending a stop sign be installed stopping east bound traffic on 43½ Avenue at Tyler Street. Presently only the west bound traffic is stopped. Motion by Norberg, second by Hovland to refer this matter back to the Traffic Com- mission for a public hearing and that the Traffic Commission report back to the Council after that hearing has been held. Roll call: Hovland, Petkoff, Norberg, Nawrocki-- aye Hentges--nay Regular Council Meeting May 10, 1982 page 9 2. Parking Problem in front of 4120 Washington Street Mr. & Mrs. Paquin, 4120 Washington Street, had appeared at the last Traffic Commission meeting requesting some solution to the problem they have been experiencing for some time with cars parking in front of their residence while attending functions at the neighboring church. They have had the full cooperation of the pastor of the church in that he has continually reminded members of his congregation to park in the church lot. But, the problem persists since some of the facilities in the church are used by non- members of the church. The Paquins are requesting some type of sign to be placed in front of their home that would serve as a 'reminder' to use the parking lot provided by the church. Much discussion followed regarding enforcement of signage and language that could be employed to relay the message intended. Motion by Norberg, second by Nawrocki to refer the request for a 'reminder' sign for in front of 4120 Washington Street, to members of the staff, who shall compile language appropriate for this situation and report back to the Council. Roll call: Hovland, Nor- berg, Nawrocki--aye Petkoff, Hentges--nay 3. "No Parking" on 47th Avenue Motion by Hentges, second by Hovland, upon recommendation of the Traffic Commission, that the east bound l'ane of 47th Avenue be posted for "No Parking" from the corner to a point 40' east of Fillmore. Roll call: All ayes c. Park Board Request Regarding Rental of Satellites These units will cost $200 each for the summer season. Motion by Petkoff, second by Hovland to authorize the City Manager to proceed with the rental of satellites for use at McKenna Park and Huset Park, and the funding to come from the General Fund Unallocated. It was noted by the Public Works Director that the buildings at each of these parks do not have access only for the restrooms. d. Metropolitan Waste Control Commission The Mayor spoke to a memo he had received regarding the Metropolitan Waste Control Com- mission and requested any comments members of the City Council may have concerning this commission. Councilman Norberg noted that this commission should be put under the direct operating control of the Metropolitan Council and be answerable to a higher authority. He feels as it stands now all the Met Council does is handle the budget of the Metropolitan Waste Control Commission and does not have any control over its affairs. Norberg also noted that this commission is not reachable by the electorate and accounts rather poorly for costs and increases. e. Highland Lassie Softball Tournament A letter was received from the Columbia Heights Jaycee Women indicating their intention to sponsor the Highland Lassie's softball tournament on May 28, 29, 30 & 31. Council- woman Petkoff told the Council that the policy of the Park Board is for a non-profit organization to sponsor events of this nature, thereby qualifying for the organizat- ional fee rate rather than the private fee rate, which is higher. The savings realized from the lower rate would benefit the causes the Highland Lassies are raising the funds for. Councilman Norberg voiced a concern that the Jaycee Women may be acting as a conduit for ~omebody to qualify for the discounted rate and may be in a position to have to do it again. He also was concerned about the insurance liability and othek responsibilities that could be involved with this type of sponsorship. A representative of the Highland Lassies advised the Council that the Lassies had already obt'ained the necessary insurance coverage and the Jaycee Women were apprised of this. Councilman Norberg was still uneasy with the methodology employed to obtain a sponsorship from a non-profit organization. Motion by Hentges, second by Petkoff to authorize a food license to the Jaycee Women to sponsor a softball tournament on May 28, 29, 30 & 31, proceeds to be given to the Regular Council Meeting May lO, 1982 page 10 Highland Lassies, and that the fees be waived on the basis on being a non-profit organization. Roll call' Hovland, Petkoff, Hentges, Nawrocki--aye Norberg--abstain 7. Old and New Business a. Old Business 1. Agreement Between Arrow Precision, Inc. and the City of Columbia Heights An agreement prepared by the City Attorney attempted to define the conditions under which Arrow Precision will assume certain responsibilities for the property in question. A representative of Arrow Precision was in attendance at the meeting to discuss terms of this agreement, one of which he had considerable concern, that being perpetual maintenance. Discussion followed regarding the terms of maintenance and new wording for the contract was agreed upon. Councilman Norberg was of the opinion that since the property in question would continue to remain in the possession of the City an agre- ement was not necessary. Motion by Norberg to abandon the whole project addressed in the proposed agreement. Motion dies for lack of a second. Mr. Newkirk, owner of the property at 3815 Jefferson where Arrow Precision has its business, was agreeable to changing the perpetual maintenance clause in the following fashion; maintenance responsibilities would continue as long as the said improvements are used as an access, egress, parking lot or loading dock at the property located at 3815 Jefferson Street. 2. Storm Drainage-4Oth Avenue & McKinley Street A reoccuring problem of storm drain water was discussed. This item had been brought to the attention of the Council previously and the Public Works Director had prepared some findings and possible solutions of this water problem for this Council meeting. Much discussion followed between Council, staff and residents who may be inconvenienced with the water. Motion by Norberg to return this matter to the staff for further proposals. Motion dies for lack of a second. The discussion continued reviewing the history of ten year floods in this area of 40th and McKinley and the impact hard rains in short spans of time had on the area dwellings. The Public Works Director was requested to gather more data regarding heavy rains in the past and research other possible solutions and costs. RECESS: ll:40 pm RECONVENE: 11:50 pm 3. Establish Date for Public Hearing Regarding the City's Comprehensive Plan Motion by Hentges, second by Norberg to establish May 24, 1982, 7:30 pm, for the pur- pose of conducting a public hearing regarding the City's Comprehensive Plan. This hear- ing will be held in the City Council Chambers. Roll call: All ayes 4. Garbage Collection, 43rd Avenue and Tyler The Mayor expressed an on-going concern with the garbage pick-up in this area. The City Manager advised the Council that the affected residents have been notified that the alley pick-up will be resumed and will continue to be done with trucks provided the alley is passable and will tolerate the weight of the trucks. If this unimproved alley becomes too muddy the pick-up will be done with handcarts or from the front of the homes. The Mayor again stated his concerns with regard to why this alley has become a problem after being used for garbage pick-up for so many years. He also requested information explaining what had happened to the surface toward the end of the alley that resulted in the broken up surface material. Councilman Norberg left the Council meeting at 12:10 am. Regular Council Meeting May 10, 1982 page 11 b. New Business !. Schools and Conferences Motion by Petkoff, second by Hovland to authorize the City Assessor to attend the North Central Regional Association of Assessing Officers Conference to be held July 21-23, 1982, at Cedar, Michigan; and furthermore, that expenses (not to exceed $500) be reimbursed. Roll call: Hovland, Petkoff, Nawrocki--aye Hentges--abstain 2. Award of Bid-Street Striping Motion by Hentges, second by Hovland to award street striping to Twin City Striping in the amount of $0.016 for the yellow-skip centerline work and $0.055 for the solid parking lane work per foot; not to exceed $1,232.74; based upon Iow, informal quo- tation. Roll call: All ayes 3. Authorization to Seek Bids-Towing Contract Motion by Hentges, second by Hovland to authorize the City Manager to call for bids for the new towing contract to cover the 1982-1983 towing period. Roll call: All ayes 4. Authorization to Purchase Portable Generator Motion by Petkoff, second by Hentges to authorize the purchase of one Onan Generator (#6.5BFAB-3E) with the extended run and portable dolly kit from Flaherty Equipment Company of Minneapolis, in the amount of $1,412.20; based upon low, informal quo- tation received. Councilman Hentges felt this purchase was unnecessary. Since this generator would be used 'after the fact', that is, after the fire is out or under control, a generator that is housed at the Municipal Service Center could be gotten and brought to the fire scene. Roll call: Hovland, Petkoff, Nawrocki--aye Mentges-- nay 5. Establish Date for Work Session Wednesday, May 12 at 8:00 pm was established as the date and time for a Council work session. 6. Establish Date for Special Council Meeting Motion by Hentges, second by Petkoff to establish May 17th at 9:00 pm, or directly fol- lowing the Board of Review, as the date for a Special Council Meeting to consider award of construction bids regarding special assessment projects. The bids were re- ceived and opened on May 6th. They are presently being reviewed by the staff in the Public Works Department for accuracy and whether they conform to the City's specif- ications. 7. Community Garden Councilman Hentges inquired if there was going to be a Community Garden this year as in the past. He was advised that the Recreation Department is sending notices to those people who had plots in the garden in the last couple of years and will be handling registrations. 8. Purchase of~Compressor The City Manager requested that the Council ratify his action of the purchase of a compressor for Liquor Store # 2. This compressor stopped functioning and the pur- chase was made on an emergency basis. Motion by Hentges, second by Hovland to ratify the City Manager's action for the purchase of a compressor and other parts, the compressor costs being $950, based on low, informal quotation. The compressor and other parts were purchased from Faircon, Incorporated. Roll call: All ayes Regular Council Meeting May 10, 1982 page 12 8. Reports a. Report of the City Manager The City Manager's report was submitted in written form. The Mayor had questions re- garding early retirements, who would qualify in the City employ and who had expres- sed an interest. The City Manager will advise him on any interest shown by the only employee who qualifies. The Mayor also had some questions regarding the number of channels being offered to subscribers in the City by Teleprompter. b. Report of the City Attorney The City Attorney advised the Council of the status of the City of Columbia Heights vs. Colehour condemnation-49-50th alley Colehour vs. City of Columbia Heights- assessment appeal. Notice of Trial Date has been received by the City Attorney and is set for June 14, 1982. Discussion followed between the City Attorney and the City Council regarding the history and background of this matter. 9. Licenses Motion by Hentges, second by Hovland to approve the licenses as listed upon payment of proper fees and ratification of the City Manager's granting of the license to Heights Dairy Softball Team. Roll call: All ayes 10. Payment of Bills Motion by Petkoff, second by Hentges to pay the bills as listed out of proper fund~. Roll call: All ayes Adjqurnment Motion by Hentges, second by Hovland to adjourn the meeting at 1:35 am. Roll call: All ayes /j~-Anne Student, Council Secret~r¥