05/10/0971 - 00018144�p'�
TfIE MINUTE5 OF THE SPECIAL PUSLIC HEARiNG MEETING OF MAY 1D� 1971 �
PLEDGE OF ALLEGIANCE:
Mayor Kirkham asked Sergeant Dave Maurer of the Army to lead the Pledge of
Allegiance to the Flag.
Mayor Kirkham called the Special Public Hearing Meeting of May 10, 1971
to order at 7.30 P.M.
ROLL GALL:
MEMBERS PRESENT_ Kelshaw, Kirkham, Liebl, Harris, Breider
MEMBERS ABSENT: None
PRESENTATION OF FLAGS BY VFW:
Two flags were presented by Frzdley Veterans of Foreign Wars Post 363 for
the community. The representative said that one was for City Hall and the
other was for Eisenhower Square. He said that the VFW's ob7ectives were to
be of service to the community. Mayor Kirkham said that he was ever mindful
of the service the Post provides and thanked the VFW on behalf of himself,
the Council, and the citzzens of Fridley.
PROCLAMATION OF MAY 9- MA.Y 16 "WAC WEEK": �
Mayor Kirkham said that May 14th was the 29th anniversary of the Women's
Army Corps and read the Proclamation proclaiming May 6- 16 "WAC Week".
Capta�.n Kugel, 2908 Colfax Avenue South, said that on behalf of the
Women's Army Corps, she extended thetr appreciation to the Mayor and the
Council for the proclamation.
ADOPTION OF AGENDA:
Mayor Kirkham said that he would like to add a Visitors portion to the
Agenda.
MOTION by Councilman Harris to adopt the Agenda as amended. Seconded by
Councilman Breider. Upon a voice vote, all ayes, Mayor Kirkham declared
the motion carried unanimously.
VISITORS:
Mr. Roger .TOnes, 185 Craigbrook Way N,E., Swimming Pool:
Mr. Roger Jones explained that he is plannxng on putting in a swimming
pool at his home and he has complied wrth all the requirements of the
Health Inspector until he came to the requirement for a certificate of �
survey. He said that he has had his lot surveyed within the last three
years and the irons could be exposed. The survey is on file at the City
Hall. He would l�.ke to have the certificate of survey waived as it would
cost him $75 -$100 for the survey.
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SPECIAL COUNCIL MEETING OP NiAY 10, 1971
PAGE 2
� Councilman Harris asked him if he had some sort of a picture or map showing
the location of �the swimming pool. Mr. Jones said yes and showed the Council.
He said that all the property irons are in place. The City Engineer
explained that the question is that there is a survey of the lot but it
does not show the location o£ the house on the lot. This is a requirement
of the City by ordinance, to have a certificate of survey after the house
is on the foundation. This is then kept on file and used a.n the future
if there are any additions made to the house. Mr. Jones said that this
requirement is holding up construction and is a considerable cost.
Councilman Harris said that it appeared that the swunming pool would be
16' X 32'. Mr. Jones said yes, and added that the sketch was not scaled
in relation to the house. The City Engineer said that the fence would
be on the easement line. Councilman Breider asked if he met the ordinance.
The City Engineer said yes, if the dimensions are correct. Mayor Kirkhain
said that the certificate of survey should be a matter of record, but Mr.
Jones said that he is running short of time. He said the certificate of
survey could be done after the pool is done if this would be agreeable
to the Council.
MOTION by Councilman Harris to waive the requirement that the certificate
of survey be done prior to the commencement of the construction of the
swimming pool fox Mr. Roger Jones, but that it is to be on file at City
� Hall no later than June 15, 1971. Seconded by Councilman Kelshaw. Upon
a voice vote, all voting aye, Mayor Kirkham declared the motion carried
unanimously.
REQUEST FOR A BALLOON DROP BY GRACE HIGH SCHOOL FOR ADVERTISING PURPOSES
ON MAY 12, 1971:
MOTION by Councilman Harris to approve the request £or a balloon drop by
Grace High School May 12, ],971 to advertise their production of Li'1
Abner as outlined in the letter from Max'y Gundersen, Publicity Head for
the production of Li'1 Abner, providing thep meet the requirements of the
F.A.A. Seconded by Counci]man Kelshaw. Upon a voice vote, all voting aye,
Mayor ICirkham declared the motion carra.ed unanimously.
PUBLIC HEARING ON FINAI, PLAT, P.S. #71-01, SILVER OAKS WEST� BY KETTH
HARSTAD BETNG PART OF LOT 7� AUDITOR'S SUBDIVISION NO. 22:
The City Engineer reported that the Planning Commission recommended that
Lots 1, 2, 3, & 6 be platted and Lots 4& 5 be left as an outlot as they
cannot be served with utilities at this time. Only the property along
Stinson Bouleva�d and Rice Creek Road would be developed. He suggested
requiring money in escrow for the drainage system that would be put in
later on. There axe utilit,�es in Rice Creek Road and Stinson Boulevard
now.
� MOTION by Councilman Harris to close the Public Hearing on the Final Plat
Silver Oaks West by Keith Harstad. Seconded by Councilman Breider. Upon
a voice vote, all voting aye, Mayor Kirkham declared the motion caxried
unanimously.
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SPECTAL COUNCIL MEETING OF MAY 10, 1971
PAGE 3
MOTION by Councilman Harris to approve the Final Plat Silver Oaks West by
Keith Harstad with money held in escrow for the necessary storm sewer,
with Lots 1, 2, 3, and 6 to be developed and Lots 4 and 5 to be an outlot.
Seconded by Councilman Kelshaw. Upon a voice vote, all voting aye, Mayor
Kirkham declared the motion carried unanimously.
CONSIDERATION OF SPECIAL USE PERMIT, SP #71-07� ANDIE HAUGEN TO LEASE L�AND
FROM ROBERT SCHROER, EAST RAWCH $STATES, TO SELL SWIMMING POOLS:
Councilman Breider asked how large the swimming pools would be. Mr. Robert
Schroer said that 16' X 32' would be the largest. There would be four or
five inside the enclosure and they would all be the above the ground type.
These are not taxable and are considered portable pools and do not become
a permanent part of the home owners pard. He added that to clear up any
misunderstanding, they would be leasing from Green Giant, not him.
Councilman Liebl asked if there was a State license required. Mr. Haugen
said no. Councilman Breider asked if there had been any letter from the
abutting property owner and the City Engineer said no.
Councilman Liebl said that there would be a lot of people going into this
area and asked about restroom facilities. Mr. Schroer said that they have
agreed to let them use theirs. Councilman Liebl said that the Planning
Assistant has pointed out that it is a requirement in a C-2S District that
theze be a setback of 80 feet, and added that there would be no building
on the land so there would not be the taxes derived. Mr. Schroer said
that there are already hagh taxes paid on this land. He added that thzs
would be a one year lease with Green Giant and that the cabana that would
be used as a sales office would be saleable.
MOTION by Counci]man Breider to approve the special use permit for Green
Giant requested by Mr. Andie Haugen for the sale of swi�ning pools and
cahanas, the permrt to expire October 31, 1971 and at that time the
cabana is to be removed. Also that a letter from Shell waiving the public
hearing be obtained. Seconded by Councilman Harris Por discussion.
Councilman Harris asked if the swimming pools would be removed. Mr. Schroer
said if the lease was renewed, the pools would stay. If the contract was not
renewed, everything would be removed. The pools will all be landscaped.
The City Engineer said that the general feeling of the Planning Commission
was that this does not comply with the requirements of the ordinance and
they did not think the City of Fridley is looking for this type of
development. It was felt that this is an interim type of development with
only a one year lease, so they Eelt that they would give it a try and see
what happens. A special use permit is only for a specified time and at the
end of that time either it has to be renewed, or everything has to be
removed. Green Giant must clean up the area and there are to be no
addrtional signs or banners. He added that he had already discussed this
with Bob Schroer and he understood this.
Councilman Kelshaw asked if they would be blacktopping the area. The City
Engineer said that they would be using crushed xock and the rest will be
landscaped. They have agreed to keep the crushed rock confined to the
certain areas.
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SPECIAL COULSCIL MEETING OF MAY 10, 1971 PAGE 4
� Councilman La.ebl asked the City Engineer if he would recommend this type of
business along Univexsity Avenue. The City Engineer said that there Ls
a difference between what you want and what you get and you have to live
with the facts. It is true that this area does need improving. Councilman
Liebl said that in the past the Council has made people 5pend a considexable
amount of money on commercial areas to comply with the Code and this has
been enforced. He felt that it would be well to continue on this basis,
or they would be accused of favoritism. Mayor Kirkham pointed out that
this would be a seasonal permit and the Council would be under no obli-
gation to renew the permit. Councilman Liebl felt that a.f you relax the
requirements a.n this case, you would have to in other cases also. This
Council wants to get in something that looks nice and brings in tax revenue.
Mayor Kirkham said that the Council must consider evesy problem on its merits,
and he did not want to set a precident either, but this special use permit
would be only for a few months on a trial basis.
THE VOTE upon the mota.on, being a voice vote, all voting aye, Mayor Kirkham
declared the motion carried unanimously.
CONSIDERATION OF RECREATION EQUIPMENT SALES, INC., SP. #71-06, CAMPING
TRAILERS AND SALES RENTALS ON EAST 200 FEET OF SOUTH 60 FEET OF LOT 7,
EAST RANCH ESTATES 2ND ADDITION:
Mr. Robert Schroer presented each member of the Counca.l with a copy of a
letter withdrawing the request fo�' a special use permit by Recreational
� Equipment Sales, Inc.
MOTION by Councilman Liebl to receive the letter from N1r. Robert Schroer
dated May 10, 1971. Seconded by Councilman Breider. Upon a voice vote,
all voting aye, Mayor Kirkham declared the motion carried unanimously.
CONSTDERATIDN OF SPECIAL IISS PERMIT, SP #71-05, SHELTER HOMES CORPORATION
PERMIT FOR A MODEL HOME CENTER ON TARGET PROPERTY:
The City Engineer said that the Planning Commission considered this request
and recommended approval sub�ect to getting a waiver of the requirement for
a public hearing and that the water and sewer hookup waiver be approved by
the Health Department £or a six month duration. If it is to be extended,
there must be reapproval by the City. He said that the applicant does
have letters from the adjacent property owners waiva.ng the necessity of the
public hearing. He said that he wanted to emphasize that if this is
permitted, it should be on a temporary basis as it is felt that this property
could be used for a better and more productive use. There is the question
of the water and sewer facilities and he said he also wanted to point out
that these houses could not be bu�.lt in Fridley as they do not meet the
Code, because they are pre-fah.
Mr. Steve O'Brien representing Shelter Homes Corpoxation, said that th.ey
do produce factory built homes from their plant in St. Paul. He said that
� he would like to correct the City Engineer a.n that this product they want
to exhibit is a conventionally built home. All the lumber is pre-cut and
built on the site in the conventional manner and they would abide by the
Codes necessary. They do offer a modular home and this home would be con-
structed to the particular building codes in the community. He said that he
has talked to Target for over a year about this proposition. He saa.d he
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SPECIAL COUNCIL ME�TING OF MAY 10, 1971
PAGE 5
was previously associated with Pemtom, and was asked by Shelter Home �
Corporation to start a company for them. These homes would appeal to the
$8,000 to $12,000 income level. He said that this was a standard product
with pre-cut production such as the Capp Homes. He said they use unionized
lahor for the construction on the site. The Fridley Target location
appealed to them because Target serves the type of people they are trying
to reach. This $8,000 to $17,000 cost does not include the land and it
does not include the completion of the home. The finishing work could be
left to the home owner or sub-contracted out. They have land available
in Elk Rtver for sites that are 2 to 5 acres in size. The reason for
gmng farther out in the suburbs is that the land costs are cheaper.
Target feels that this proposal will bring in customers to them. This is
only for a six month trial basis and iP Target does not find them a
suitable tenant they would not renew the lease, or if they find that the
location is not suitable for them they would not renew the lease.
Councilman Harris asked if they are providing financing. N1r. O'Brien said
yes, at 7�0. This would be interim financing. Councilman Harris asked if
this could come under F.H.A. 235 program. Mr. O'Brien said yes, and also
under the Farm Home Administration. The interim financing could be for
from 2 to 12 years. He added that the two to five acre lots in Elk River
could be purchased for about $5,000.
Councilman Breider said that it appeared that it would be up to the
individual to do the other work after roughing in. Mr. O'Brien said that �
they put up the exterior and the frame, and they provide a list of sub-
contractors for the home owner. They do finance the materials but not
the labor for the sub-contractors. They offer their homes at zero down.
They feel that it is better for the home owner to use his liquid assets
on the labor and the finishing of the home.
Councilman Kelshaw asked what would happen with the house if, in six
months time, the lease is not renewed. Mr. O'Brien said that they have
arranged to have the house moved to the north within a ten mile radius.
Councilman Harris asked if there was any particular reason why this
would have to be acted upon at this meeting. Mr. O'Brien said that of
course, they would like to commence as soon as possible. Councilman
Harris said that he would like to consider this further and would like
to wait until next week. Mayor Kirkham agreed.
The Acting City Manager asked what if the home owner would like to have
them complete the whole house, then what about financing. Mr. O'Brien
said that they could arrange a conventional loan.
The City Engineer pointed out that there would be no restroom facilities
and the employees would have to use those at Target. There is a question
in that area under Fridley's Code, with people coming through the property,
and no restroom. Mr. O'Brien said that he had discussed this with the
Health Sanitarian and it would not be economically feasible for them to
hook up to sewer and water. This is not a normal procedure for a model �
home; other model homes do not provide restroom facilities, they da.d not
at Pemtom. Target has agreed to let them use their facilities. Councilman
Kelsahw pointed out that on Page 11 of the Agenda under the Planning
Commission motion it appeared that they were to put in the water and sewer
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SPECIAL COUNCIL MEETING OF MAY 10, 1971
PAGE 6
� facilities. The City Enga.neer explained that there are only excexpts
from the Planning Commission Meetinq and have not been approved by them
as yet. It was his understand�.ng from the meeting that if this was
approved by the Council and the Health Inspector, they would proceed
without the facilities. Mr. 0'Brien said that if tha.s was extended
after six months, they would hook up.
Councilman Kelshaw asked what they would do about heat in the winter.
Mr. O'Hrien said that they would continue theis business and use electrical
heat.
Councilman Kelshaw said that it appeared that there would be no electrzcal
sign used for advertising, and asked what type of advertising they would use.
Mr. O'Brien said that they would use a timber type sign on the lawn, and
they did not anticipate any electric sign as being necessary. The
demographics are such that they, in themselves, will work for them. There
will not be a sign on I. 694, with �he landscaping on the premises,
anyone travelling on I.694 seeing the model home, will recognize it as
such, and this w�ll be advertising enough.
Councilman Kelshaw asked with this proposed location of the building,
would there still be enough room for another building? The City Engineer
explained that when Target was bua.lt, this land was to be held in reserve
for additional parking if it should prove necessary.
� The City Enga.neer asked if they would be putting in blacktopped paxking
areas with curbing and Mr. O'Brien said yes, all according to Code.
MOTION by Councilman Harris to table this item to the Meeting oP May 17,
1971. Seconded by Councilman Kelshaw. Upon a voice vote, all voting aye,
Mayox Kiskham declared the motion carried unanimously.
CONSIDERATION OF CITY MANAGER MEMO REGARDING CITY GARAGE:
The Acting City Manager explained that this memorandum was written because
of some questions raised at the last Council Meeting. Councilman Aarris
said that he had read the memo and was satisfied that the planning was
correct. He asked what the Parks Department asked for in their budget for
a garage. The Acting City Manager said that he did not recall, but it was
cut to $3500 for drawing plans for this year.
Councilman Harris asked how the garage addition was to be funded. The
Acting City Manager said that it would not come out of this years' budqet,
and the first part of the aost would be in next years' budget. There is a
possibilrty that they could borrow from t1'�e Fire Relief Association.
Councilman Breider said in regard to the improvement of the exterior of the
garage, that they plan on puttinq in blacktop in the axea around the gas
pumps this year. He did not feel that blacktop would stand up with gasoline
being spilled on it. The Crty Engineer explained that the City does now
have a small paving machine and they could do the work themselves. It was
� suggested that there could be a concrete apron around the pumps and the rest
blacktop.
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SPECIAL COUNCTL MEESING OF MAY 10� 1971
PAGE 7
MOTION by Councilman Harris to order the plans and specifications for the �
garage addition as per original preliminary drawings. Seconded by Councilman
Kelshaw for discussion.
Councilman Kelshaw questioned whether the Fire Relief Association has been
approached on borrowing from them. The Acting City Manager said no, not
formally, rt would be investigated. The Chairman of the Fire Relief
Association did say verbally they would have some money available for
lending. There was some discussa.on on whether the lunch room facility
should be included and the Acting City Manager said that he felt that they
should hold the costs down, but if the Council so desires, it could be
included and a cost estunate could be obtained. Mayor Kirkham asked how
many the lunch room holds now, and Councilman Liebl said about 12. The
Acting City Manager said that it was too small for both the Parks Depart-
ment and the Public Works Department to eat at the same time, they would
have to stagger their lunch breaks. There will also be a room that could
be partitioned off that will be heated to normal temperature that could
be used as a lunch room.
THE VOTE upon the motion, being a voice vote, all voting aye, Mayor Kirkham
declared the motion carried unanunously.
NAMING OF ENGTNEER TO EVALUATE METER TESTS - SANITARY SEWER LINES:
The City Attorney felt that it would not be necessary to name an engineering �
firm at this time, since the meeting today wa.th the Committee.
MOTION by Councilman Liebl to receive the memorandum £rom the Acting City
Manager dated May 7, 1971 and also the memorandum from the Acting City
Manager dated May 10, 1971. Seconded by Councilman Harris. Upon a voice
vote, all voting aye, Mayor Kirkham declared the motion carried unanimously.
RECEIVING PRELIMINARY REPORT REGi1RDING UTILITY, WATER� SANITARY SEWER AND
DRAINAGE FACILITIES NORTH OF 79TH AVENUE� PROSECT NO. 102:
The City Engineer said that the Council has authorized a preliminary report
for utilities and drainage north of 79th Avenue. The road pattern has
been approved and last week he met with the property owners and he said
that he has yiven them the plans to get their feedback and see how ex-
tensive a facility they want. He said we did not want to complete the
plans before hearing from them. He pointed out on the overhead screen how
the water lines would be looped, and said that they would be providing only
the main feeder water lines. A complete storm sewer system plan was also
given to them. When we hear from these property owners, we will submit
the preliminary report and a resolution setting up the public hearing.
There are only six or seven property owners involved as this property is
divided up into large parcels. He said he would like to get the utilities
in and get the roads built because of the excess material that Burlington
Northern will have that could be used to bring their property up to street �
grade. Councilman Breider commented that he liked the City Enga.neer's
approach.
MOTION by Councilman Breider to receive the City Engineer's verbal report.
Seconded by Councilman Liebl. Upon a voice vote, all voting aye, Mayor
Kirkham declared the motion carried unanimously.