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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. i; �� 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. �� 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. �� � � (T 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 !� 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 7 y'� Y .-3 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. i �-� 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.