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02/27/1995 - 00001136� � � THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF FEBRUARY 27, 1995 The Regular Meeting of the Fridley City Council was called to order at 7:33 p.m. by Mayor Pro Tem Schneider. PLEDGE OF ALLEGIANCE: Mayor Pro Tem Schneider led the Council and audience in the Pledge of Allegiance to the Flag. ROLL CALL: MEMBERS PRESENT: MEMBERS ABSENT Mayor Pro Tem Schneider, Councilwoman Jorgenson, Councilman Billings, and Councilwoman Bolkcom Mayor Nee Councilman Schneider stated that Mayor Nee will be incapacitated for a few weeks, but with his rehabilitation, he hoped to be back shortly. LEGISLATIVE UPDATE: Mayor Pro Tem Schneider stated that the Council is privileged to have Senator Betzold and Representative Johnson in attendance at this meeting for a legislative update. SENATOR DON BETZOLD: Senator Betzold stated that the legislative session began in January, and at this point, there are more questions than answers. He stated that this is a budget year, and in the normal course of events, the budget proposals come out in January. This particular year, there are a lot o£ things happening in Washington that will have a significant impact on the State budget and will make it difficult to plan too far in advance. Senator Betzold stated that Governor Carlson will be releasing a supplemental budget, and it is assumed that they will deal with the worst case scenario and begin with cutbacks and decreases in spending, He stated that the legislature is trying to hold down property taxes. Senator Betzold stated that the Governor has never been a fan of local government aid, but he realizes how local governments rely on this funding. He stated that there has been discussion about disbursing these funds to counties for them to disburse to the cities, but he did not think this was fair. Senator Betzold stated that he is sensitive to the unfunded mandates, and they are being reviewed before they are incorporated into bills. He stated that there are proposals on affordable � � � FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 27, 1995 PAGE 2 housing and regional growth which were previously vetoed. He did not expect much change this year. He stated that there will probably be some changes in the election laws. He stated that the ethics issue is being debated, and there is a move to exempt local officials. Senator Betzold stated that for the last two years, the Senate passed a proposed gas tax increase of five cents per gallon. He stated that additional revenue would benefit this area, but he did not know if any of these bills would pass. Senator Betzold stated that something may be done regarding truth in taxation for the Mosquito Control District. Senator Betzold stated that he received a letter from the City Manager outlining some of the City Council's concerns on upcoming bills. He stated that it is very helpful to know where the Council stands. He stated that he appreciated the oppor-tunity to hear from the City Council, and he will take their concerns into consideration. Mayor Pro Tem Schneider thanked Senator Betzold for his update to the Council. REPRESENTATIVE ALICE JOHNSON: Representative Johnson stated that she is the Chair of the K-12 committee on financing education. She stated that she is concerned about being able to meet the needs of the schools in our area. She stated that there is a direct correlation between the schools and property taxes, and she knows property taxes are a big issue. She stated that the Governor's budget was not very kind to schools and over the next two years, there is actually a decrease in funding from the present level. She stated that it may appear that there is an increase, but if inflation and student growth is included, there is a decrease. Representative Johnson stated that another issue that directly impacts the City is increased violence and safety problems in the schools. She stated that she is working with the Departments of Education, Public Safety, and Health and Human Services to combine resources to deal with the problems of children. Representative Johnson stated that she is working on two bills. One would require that municipalities be notified when the Depart- ment of Corrections allows licenses for group homes dealing with teenagers. The other bill concerns vehicle emissions testing. She stated that Mr. Tom Myhra from Fridley called her regarding the University of Minnesota report pertaining to the ineffectiveness of emissions testing. She stated that in checking into this further, talking with the Pollution ControY Agency and reviewing their report, it was determined that it certainly would not affect � � � FRIDLEY CITY COUNCIL MEETYNG OF FEBRUARY 27, 1995 PAGE 3 the Clean Air Act by not having the new cars go through this testing. She stated that out of 6,DOO 1994 vehicles checked, only one vehicle was not in compliance. She stated that the cost to check these 6,000 vehicles is nearly $50,000, and only one was in violation. She stated that it makes sense to exempt the later model cars. She stated that the Pollution Con�rol Agency also is in favor of the bill, and she was relatively certain it would pass. She stated that this is a case where the constituents and Legis- lature can work together to ge� rid of a program that is not working. Representative Johnson stated that she receives the City Council minutes and is interested in what is happening in the City. She requested that the Council keep her posted on their concerns and ideas relating to issues before the legislature. Councilwoman Sorgenson stated that recently a number of school referendums in the metropolitan area have been defeated. She stated that Spring Lake Park is considering a referendum, as well as School District No. 14o She stated that she does not completely understand the school districts° budgeting. She stated that the City sets aside funds for maintenance. She asked if there was a law that prohibits the school districts from setting aside funds for capital improvements. Representative Johnson stated that a certain amount is required to be set aside for school repairs. She stated that the Governor has recommended that there be more flexibility and that the school districts be allowed to use all the funding as they see fit. She stated that on the other hand, sometimes repair of facilities is not as glamorous as buyinq new equipment, and that is why funds have to be reserved £or repair of facilities. She stated that schools have the requirement to set aside these funds for improve- ments. She stated that the referendum issue is an important one. She felt that it is also important that the school districts listen to the residents and their opinions regarding the schools and how the money is being spent. She stated, generally, people are supportive of schools, but there has been a lack of trust and respect for schools. When this is los�, it takes a long time to bring it back. She stated that people want safety, order, and a sense of purpose in their schools. Mayor Pro Tem Schneider stated that the City is working with the school districts on joint programs and combining resources. He pointed out that there are four school districts in Fridley, and it would be beneficial if the funding £ormula would promote school districts to work more effectively with the City. Representative Johnson stated that there is a limit on the resources that are available, and there continues to be a growing need for services. She stated that the population is growing older, and there is a growing number of young students. She stated 1 L_� � FRIDLEY CITY COUNCIL MEETING OF EESRUARY 27, 1995 PAGE 4 that more children are born into poverty and have qreater needs. She stated that it behooves the community to meet those needs so these children do not end up in the corrections system. She stated that the legislature is considering a�ruancy bill. She stated that if the Council has ideas or suggestions, �hey are willing to listen. Senator Betzold and Representative Johnson stated that there will be a town meeting on Saturday, March 18 at the Fridley Municipal Center from 1:00 p.m. until 3:00 p.m. They invited everyone to attend. Mayor Pro Tem Schneider asked if there were any comments from the public regarding the consent agenda items, and there was no response. MOTION by Councilwoman Jorgenson to approve the consent agenda items, with the exception of the Livestock License. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously. APPROVAL OF MINUTES: COUNCIL MEETING. FEBRUARY 13. 1995: MOTION by Councilwoman Jorgenson to approve the minutes as presented. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider cYeclared the motion carried unanimously. APPROVAL OF PROPOSED CONSENT AGENDA: Mr. Burns, City Manager, briefly reviewed each consent agenda item. 1. 2 RECEIVE THE MINUTES OF THE PLANNING COMMISSION MEETING OF FEBRUARY 15, 1995: RECEIVED. SPECIAL USE PERMIT REQUEST, SP #82-12. BY PARK CONSTRUCTION COMPANY, FOR ROCK CRUSHING ACTIVITIES, GENERALLY LOCATED AT 7900 BEECH STREET N.E. (WARD 3 L Mr. Burns stated that this special use permit for rock crushing activities was granted in June, 1993 for two years. It could have been extended administratively if there had been no rock crushing activities. He stated that rock crushing activities began January 26, 1995 and, therefore, it is necessary for Council to extend the permit. He stated that there have been no complaints, and it is recommended this special use permit be extended to May 31, 1997 with the original stipulation. FRIDLEY CITY COUNCZL MEETING OF FESRUARY 27, 1995 PAGE 5 �APPROVED - Extended SP #82-12 to May 31, 1997 with the _ original stipulation. 3. APPROVE DISPOSITION OF TAX FORFEIT PROPERTY LOCATED IN THE CITY OF FRIDLEY (NORTH OF INDUSTRIAL BOULEVARD JUST SOUTH OF I-6941 (WARD 3 L Mr. Burns stated that this parcel is a narrow strip of land 75 feet by 425 feet and i5 landlocked. He stated that the parcel is north of Yndustrial Boulevard and just south of I-694 behind Home Valu. He stated that staff has indicated that there is no interest in this parcel and recommends the City forgo the opportunity to acquire the property. APPROVED. 4. APPROVE MINNESOTA DEPARTMENT OF TRANSPORTATION PERMIT APPLICATION FOR THE UNIVERSITY AVENUE BIKEWAY/WALKWAY (WARD 3): Mr. Burns stated that this item concerns approval of a Minne- sota Department of Transportation permit application for the University Avenue bikeway/walkway from 73rd Avenue to 85th Avenue. He stated that the City has received ISTEA funds, � and the bikeway/walkway will be located on the west side of University Avenue. He stated that plans and specifications _ have been submitted to MnDOT, and it is requested that Council approve the submission of the permit to the Minnesota Depart- ment of Transportation. APPROVED. APPROVE JOINT POWERS AGREEMENT WITH ANOKA COUNTY HIGHWAY DEPARTMENT FOR THE IMPROVEMENT OF EAST RIVER ROAD NORTH OF JANESVILLE (WARD 3): Mr. Burns stated that the City's portion of this improvement is limited to concrete curb and gutter at a cost of $1,574.24. He stated that this project is part of a much larger County pro7ect for East River Road planned for this year. He stated that this project involves only three properties. It is recommended that this assessment be deferred until the comple- tion o£ the other improvements on East River Road. APPROVED. 6. APPROVE RICE CREEK WATERSHED DISTRICT COMMITTEE APPOINTMENTS: � Mr. Burns stated that the Rice Creek Watershed District is establishing two committees, a Technical Advisory Committee and a Citizens Task Force. He stated it is recommended that John Flora, Public Works Director, �e appointed as the primary � FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 27, 1995 PAGE 6 delegate to the Technical Advisory Committee and Jon Wilczek, Assistant Public Works Director, be appointed as the alternate. He stated that it is further recommended that Councilwoman Bolkcom be appointed to the Citizens Task Force. APPROVED. 7e RESOLUTION NO. 18-1995 ORDERING ADVERTISEMENT FOR BIDS; 1995 - REMOVAL AND REPLACEMENT OF MISCELLANEOUS CONCRETE CURB, GUTTER AND SIDEWALK PROJECT NO. 279: Mr. Burns stated that this resolution authorizes the adver- tisement for bids for the removal and replacement of miscel- laneous concrete curb, gutter, and sidewalks for 1995. He stated that this project also includes a concrete driveway apron in front of the Fire Department garage doors. ADOPTED RESOLUTION N0. 18-1995. RESOLUTION NO. 19-1995 SUPPORTING THE COMMiJNITY VALUES PROGRAM: Mr. Burns stated that Anoka County and the cities of Columbia Heights, Fridley, and Hilltop along with School District Nos, � 13 and 14 established the Southern Anoka County Community Consortium and circulated surveys to identify core community values. He stated that a set of seven core values has been developed, and it is recommended that Council affirm that the City will incorporate these valuesa by adoption of this reso- lution, in all workings and actions taken by the City. He stated that the core values identified are responsibility, integrity, caring, self-control, respect, nonviolence, and citizenship. � 10 11. ADOPTED RESOLUTION NO. 19-1995. CLAIMS• APPROVED - NOS. 60331 THROUGH 6D559a LICENSES: Councilwoman Jorgenson requested tha for the Fridley '49er Days be removed and added to the regular agenda. t �he Livestock License from the consent agenda APPROVED, WITH THE EXCEPTION OF THE LIVESTOCK LICENSE FOR THE FRIDLEY '49er DAYS. ESTIMATES: APPROVED. FRIDLEY CITY COUNCIL MEETING OF FEHRUARY 27, 1995 PAGE 7 � ADOPTION OF AGENDA: MOTION by Councilman Billings to adopt the agenda with the addition of the Livestock License which was removed form the consent agenda. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously. OPEN FORUM, VISITORS: SENIOR CENTER' Mr. Keith Hart, 6230 Jupiter Road, stated that he was representing the senior citizens to express their desires regarding a senior center. He stated that with all the efforts for a senior center, they have again come up empty. He stated that he has lived in Fridley since 1957, and much progress has been made through hard work, good planning, and dedication. He stated that Fridley, for the most part, is a great place to livee However, there is an important element missing. He stated that his group is here to convince the City Council of the urgent need for a functional Senior Center in Fridley for Fridley residents. Mr. Hart stated that there are some dissenters, even in the senior � ranks. He stated that senior centers are thriving in neighboring communities across the state and nation. He stated that a senior _ center may not be for every senior, but every senior should have a choice. Mr. Hart stated that qetting old is inevitable, but being a couch potato is optional. He stated that one must have a purpose in life as they get older and a reason to get up in the morning. He stated that senior center activities and fellowship provide that encour- agement and produce a better quality of life. He stated that an active senior center is as much a part of a viable community as schools, ball park complexes, ice arenas, parks and playgrounds, nature centers, etc. He stated that these are all tax supported programs, and a senior center should be part of it. Mr. Hart stated that the present center is inadequate for needs of seniors in a City the size of Fridley. He stated that Fridley seniors are going elsewhere. He asked why tax paying Fridley seniors have to lose touch with their own community. He stated that presently there are two rooms and shared office space assigned to seniors at their existing location. He stated that School District No. 14 activities have priority over the rooms and gym space. This makes it difficult and sometimes impossible to schedule some of the senior events and activities. � Mr. Hart stated that his wife belongs to the Golden Bell Senior Dance Group, and they are great ambassadors for Fridley. He stated that this is an outstanding example what active, energetic seniors FRIDLEY CITY COUNCIL MEETING OF FEHRUARY 270 1995 PAGE 8 � can accomplish. He noted that their ages range from 62 to 81. He stated that most of their ninety-plus performances have been at senior facilities which bring a lot of joy to people. Mr. Hart encouraqed the Mayor and City Council to visit the center and judge for themselves. He stated that they seek a no frills center but a place they can call their own and be proud of. He asked the Council for their help and cooperation for a senior center in Fridley, Mr. Lewis Doyle, 25 63rd Way, outlined the various services and activities offered at the senior center such as tax and legal assistance, foot care, blood pressure, bowling and golf leagues, crafts, dining, Golden Belle dancers, woodcarving, day trips, Golden Lions, Senior Kiawanis in Action, Sound Off, basic drawing, sweatshirt painting, ceramics, therapeutic swimming, creative memories, '49er Days dinner and dance, bridge lessons, cards, and a cancer group. He stated that this is only a few of the activities, and they really need more space. Mr. John Ringdal, President of the Golden Lions, presented a letter in support of a Fridley senior center. MOTION by Councilwoman Jorgenson to receive the letter from John � Ringdal, President of the Golden Lions, dated February 27, 1995 and the remarks from Keith Hart. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously. Mayor Pro Tem stated that the efforts and hopes for a regional senior center have not materialized. Mr. Burns, City Manager, stated that he was disappointed with the progress regarding the secondary site. He stated that the Regional Senior Center Task Force originally identified a primary site which was not acceptable to the Metropolitan Council. He stated that with the secondary site in New Brighton, negotiations do not look favorable to acquire this site. He stated that the City of New Brighton has constructed a family center, and the seniors are using this facility so the prospect for a Regional Senior Center does not seem viable. Councilwoman Jorgenson stated that, at this time, it does not seem the City is going to proceed with a regional senior center. She felt that it may be appropriate for the Council to meet and deter- mine if they should still proceed with plans for a regional senior center or to discuss the options for a senior center in Fridley. She stated that she would be at the senior center for a luncheon � on March 9 and would be available to hear any comments from the seniors. She also stated that the Council will be meeting with School District No. 14 on March 20 prior to the regular Council meeting, regarding space alterations that may take place within the � FRIDLEY CITY COUNCIL MEETING OF FEHRUAR% 27, 1995 PAGE 9 school district. She stated that she is interested itt obtaining input from seniors if they believe a senior center should be located in a particular school and checking available options. Councilwoman Jorgenson stated that she has discussed with the City staff the option of space at Islands of Peace but has not discussed this with the rest of the Council. She stated that she wanted the seniors to know that the City is checking all options and would be working with them on this issue. Mayor Pro Tem Schneider sfated that he appreciated the seniors coming in this evening. He stated �hat he knows things sometimes do not happen as they would like, but he would agree the seniors have outgrown their facility. He stated that the Council is aware of their concerns and will continue to look at various options and as well as keeping them involved in this process. Councilwoman Bolkcom suggested that perhaps a meeting should be held with the seniors, the City Council, and the School District so that everyone is kept informed. Mr. Lester Coyle, 6271 6th Street, stated that he has lived in Fridley since 1959. He stated that one of the complaints he has is when they have scheduled games and have as many as forty or more ' persons. Sometimes the space they intended to use is occupied, and they end up in a sma11 room which is inadequate for their needs. He felt that the Council should try to keep a senior center in Fridley. He stated that a lot of seniors objected to the New Brighton site and would just as soon not have a regional senior center. PUBLIC HEARING• 12. PUBLIC HEARING ON VACATION REOUEST, SAV #94-04, BY CEANN HALUPTZOK, TO VACATE A SMALL PORTION OF A DRAINAGE AND UTILITY EASEMENT IN ORDER TO CORRECT A GARAGE ENCROACHMENT, GENERALLY LOCATED AT 7580 BRIGADOON PLACE N.E. (WARD 2): MOTION by Councilman Billings to waive the reading of the public hearing notice and open the public hearing. Seconded by Council- woman Bolkcom. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously and the public hearing opened at 8:30 p.m. Mr. Hickok, Planning Coordinator, stated that this is a request to vacate a portion of a drainage and utility easement at �580 Brigadoon Placea He stated that this vacation request was a result of a recent title search on this property where it was determined � that a portion of the attached qarage encroached over a ten foot easement on the south side of the property line. Mr. Hickok stated that the petitioner asked what measures could be taken to correct this error, and staff°s recommendation was for a � � � FRIDLEY CITY COUNCIL MEETING OF EEBRUARY 270 1995 PAGE 10 hold harmless agreementa He stated that the title company, however, was not interested in this solution and asked that the City consider a vacation. Mr. Hickok stated that the Planning Commission reviewed this vacation request and recommended approval on the basis that the encroachment be only for the six inches or so along the length of the garage. He stated that the petitioner had originally submitted a survey describing the area under the overhang. Because the overhang would require a vacation of ten inches to two feet, the petitioner was asked to have the survey corrected to describe only the portion below the foundation. Mr. Hickok stated that the Planning Commission also recommended two stipulations, which he outlined. He stated that the Commission had some concern about setting a precedent; however, because this was such a minor encroachment, they were comfortable with it. Mr. Hickok stated that in a review of this vacation request by the City Attorney's office, they would like a hold harmless agreement, as well as the vacation. He stated that there is an 18 inch storm sewer located in the easement approximately five feet below the surface on this site. He stated that it is not common, but not impossible, that the City may have to access this area. He stated that if Council requires a hold harmless agreement, it should be added as a stipulation to this vacation request. Mr. Herrick, City Attorney, stated that the City has no obligation to vacate this portion of the easement. He stated that in appro- ving the vacation, the City would be removing a"cloud" on the title. He stated that if the City has to do some excavating in the easement and in doing so the foundation of the garage sinks, he did not think that because the contractor misplaced the garage, that the City should be under any obligation. He stated that it is his opinion that the City vacate the easement to clear the title, but in return, the City obtain a hold harmless agreement from the owner that would be applicable to the present owner, as well as future owners, in case the City has to do any work in the easement. He stated that he did not believe that the title company should be concerned with the hold harmless agreemento MOTION by Councilwoman Jorgenson to close the public hearinge Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously and the public hearing closed at 8:37 p.m. 13. SPECIAL USE PERMIT REOUEST. SP #95-01, BY ERICKSON OIL PRODUCTS, TO ALLOW CONSTRUCTION OF A MOTOR VEHICLE FUEL DISPENSING SERVICE, CONVENIENCE STORE, AND CAR WASH, ON LOT 1, BLOCK_l, COMMERCE PARK, GENERALLY LOCATED AT 7600 UNIVERSITY AVENUE N..E (CONOCO) (WARD 3): Mr. Hickok, Planning Coordinator, stated that this is a request for a special use permit to allow the construction of a new motor fuel � � � FRIDLEY CITY COUNCIL MEETING OF FEBRUARY 27. 1995 PAGE 11 facility, car wash, and convenience store. He stated that the petitioner plans to clear the entire site and redesign the parking area, reconstruct the building, and reinstall the fuel tanks. He stated that the site would provide an enhanced landscaped area, and the building will be a combination of block, brick, and a copper roof which is very attractive. Mr. Hickok stated that the parking is adequate based on the square footage dimensions. He stated that one concern was the stacking distance in relation to the access along the west building. He stated that adequate signing will eliminate confusion as cars stack to enter the car wash. He stated that it is believed that the architect has picked the best access points available. He stated that the access onto Osborne Road is being consolidated and is further from the intersection. He stated that it is the County's preference not to have access onto Osborne Road, but the City does have the ability to approve the plan. He stated that due to the median, some vehicles will have to use the frontage road and access the site from the west side. Mr. Hickok stated that the Planning Commission recommended approval of this special use permit with stipulations. He stated that there is an improvement project planned for Osborne Road. This would require a review and approval by the County prior to making any site modifications, Councilman Billings stated that �here are two parking spaces immediately to the west of the store, and the rest of the parking is on the east side where you have to walk past the car wash to access the convenience store. He stated that it seems it is not convenient to shop at the convenience store unless you are purchasing gas. Councilwoman Bolkcom stated that there is a problem with parking at the Super America station on East River Road and Osborne Road. She stated that this is an even busier intersection, and there is not a lot of parking space. Mr. Hickok stated that there are ten spaces under the canopy and nine additional parking stalls. He stated that this request does meet all the code requirements in terms of parking. Mr. David Erickson, the petitioner, stated that 85 to 90 percent of the merchandise they sell at the convenience store is purchased by persons who are refueling their vehicles. He stated that otherwise it is not really convenient £or them to shop at the store. He stated that four of the stalls would be for employee parking. Councilwoman Jorgenson asked if they planned to install a credit card payment machine at their pumps. FRIDLEY CITY COUNCIL MEETING OF FESRUARX 27. 1995 PAGE 12 �Mr. Erickson stated that is the plan, and this will be their first _ Conoco venture in the metropolitan area with credit card payment at the pumps. MOTION by Councilwoman Bolkcom to grant Special Use Permit Request, SP #95-01, with the following stipulations: (1) all signs shall be reviewed and approved by staff to assure compliance with Chapter 214 of the City Code; (2) the petitioner shall install underground irrigation if it does not already existp (3) the petitioner shall submit a performance bond in the amount of three percent of the construction costs prior to issuance of a building permit; (4) the petitioner shall submit the requested hydraulic calculations; (5) the petitioner shall comply with the outdoor storage requirements7 (6) the petitioner shall comply with all outdoor sales and storage provisions of Chapter 205 of the City Code; and, (7) improvements to this site that affect Osborne Road will require full review and written approval by Anoka County prior to making any site modiYications. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously. 14. VARIANCE REpUEST. SAV #95-02, BY ERICKSON OIL PRODUCTS, TO REDUCE THE REQUIRED HARDSURFACE SETBACK FROM A STREET RIGHT- OF-WAY FROM 20 FEET TO 5 FEET TO ALLOW CONSTRUCTION OF A NEW � CONVENIENCE STORE AND GAS STATION, GENERALLY LOCATED AT 7600 UNIVERSITY AVENUE N.E. (CONOCO) (WARD 3): Mr. Hickok, Planning Coordinator, stated that this is a request for a variance to reduce the required hardsurface setback from a street right-of-way from 20 feet to 5 feet. He stated that it appears the 15 foot variance is an acceptable solution based on the site right- of-way along University Avenue where additional landscaping would be provided. Mr. Hickok stated that the Appeals Commission recommended approval of this variance and staff concurs. MOTION by Councilwoman Bolkcom to grant Variance Request, SAV #95-D2. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye Mayor Pro Tem Schneider declared the motion carried unanimously. 15. APPROVE AGREEMENT BETWEEN THE CITY OF FRIDLEY AND MAIER STEWART AND ASSOCIATES fMSA). CONSULTING ENGINEERS. FOR LIFT STATION STUDY• Mr. Wilczek, Assistant Public Works Director, stated that $168,000 was allocated in the 1995 budget for repair and upgrade of the � sanitary sewer lift stations and implementation of a sewer SCADA system. He stated that in order for this to proceed smoothly and to make sure that repairs are prioritized and completed in an orderly fashion, it is requested that Maier Stewart and Associates FRIDLEY CITY COUNCIL MEETING OF FESRUARY 27, 1995 PAGE 13 � (MSA) be hired to evaluate the condition of all the lift stations. He stated that the City has thirteen sanitary sewer lift stations, one storm sewer lift sta�ion, and one meter station. He stated that all of these lift stations are between 25 to 40 years old and the normal life for the pumps and electrical system is between 25 to 30 years. Mr. Wilczek stated that the scope of the study would be to evaluate the lift stations to extend their useful life. He stated �hat MSA's final report would summarize their findings, evaluate their recom-mendations, provide cost estimates, and prioritize the improvement schedule. He stated that �he reason for the study is to make sure the system is totally compatible when it is computerized. He stated that this study will be a blueprint for the future for keeping the system on line. He stated that the total cost of the study would not exceed $9,760, and MSA would have the study com-pleted eight weeks after notice to proceed. MOTION by Councilwoman Jorgenson to approve the agreement with Maier Stewart and Associates for a Lift Station Study in an amount not to exceed $9,760.00. Seconded by Councilman Billings. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously. � 16. APPROVE CONSTRUCTION OF PIPE OVERFLOW FOR A 1.5 MILLION GALLON WATER RESERVOIR: Mr. Wilczek, Assistant Public Works Director, stated that there were a number of questions raised at the last discussion meeting regarding the overflow pipe for the 1,5 MG water tank. He stated that, basically, if the SCADA system or any valves fail, there is the possibility of an overflow at the 1.5 MG water tank on High- way 65 and Rice Creek. He stated that if an overflow happened in the winter, with the present overflow system, which is a small swale, there is the possibility of an overflow onto the Northern States Power property which may create a problem with the sub- station. Mr. Wilczek stated that it is recommended that an overflow pipe be constructed down towards Rice Creek to eliminate this problem. He stated that this construction could be added to a present TCAAP contract. He stated that the Army is willing to contribute 50 percent of the cost of this overflow pipe so the cost to the City would be about $12,500.00, MOTION by Councilwoman Bolkcom to approve construction of a overflow pipe for the 1.5 million gallon water reservoir. Seconded by Councilwoman Jorgenson. Upon a voice vote, all voting aye, � Mayor Pro Tem Schneider declared the motion carried unanimously. FRIDLEY CITY COUNCIL MEETING OF FESRUARY 27. 1995 PAGE 14 10. LICENSES: LIVESTOCK LICENSE FOR THE FRIDLEY '49er DAYS; Councilwoman Jorgenson stated that she was concerned about the humane treatment of the animals if the City were to approve a license for a petting zoo. She questioned where the animals would be sheltered and if there would be shade for them. MOTION by Councilwoman Jorgenson to table this item for further information from staff. Seconded by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously. 17. INFORMAL STATUS REPORTS: Mr. Burns stated that there are two items to be discussed infor- mally by the Council following this meeting. He stated that one is the youth drop-in and drop-off center and the other is an update on the search for an alternate site for the liquor warehouse. ADJOURNMENT: MOTION by Councilwoman Jorgenson to adjourn the meeting. Seconded � by Councilwoman Bolkcom. Upon a voice vote, all voting aye, Mayor Pro Tem Schneider declared the motion carried unanimously and the Regular Meeting of the Fridley City Council of February 27, 1995 adjourned at 9:03 p.m. Respectfully submitted, Carole Haddad Secretary to the City Council � Dennis L. Schneider Mayor Pro Tem