COMM DEV 10.94DATE:
TO:
FROM:
Community Development Department
PLANNING DIVISION
City of Fridley
October 7, 1994
✓ John Flora,'LPublic Works Director
Barbara Dacy, Community Development Direc
SUBJECT:' Demolition of Custom Mechanical Buildi g; 5973 -
3rd Street N.E.
The City has purchased the property addressed as 5973 - 3rd
Street N.E. Please arrange to take quotes for the demolition of
the building. Further, any water and sewer utility disconnection
should be completed. We will be processing requests to subdivide
the land into two lots and vacating the public right-of-way for
the one-way ramp into the neighborhood. I will co:firm that NSP
and Minnegasco are aware that the electricity and the gas service
is to be disconnected. I will be giving you the keys to the
building in the near future. Coding for the demolition costs is
245-00-00-415-4340. Thank you very much.
BD/dn
M-94-608
FRIDLEY CITY COUNCIL MEETING OF OCTOBER 3, 1994 PAGE 17
residential neighborhoods. She stated that if Council chooses to
proceed with an ordinance amendment to permit an electrical
charged fence, the petitioner should file a Zoning Text Amend nt
with an application fee of $300.00 to amend the industrial dis ict
in the Zoning Code to permit electric fences. She stated t t the
petitioner should also file an application for a special us permit
for the fence.
Ms. Dacy stated that staff is suggesting the following riteria be
included: (1) no electrically charged fence shall be ocated less
than 500 feet from any residential zoning distric boundary, or
site used for residential purposes; (2) the prop ty owner shall
submit a certificate of insurance in an amou not less than
$500,000; (3) the property owner shall sig a hold harmless
agreement indemnifying the City from any dam ge, loss or injury
relating to use of this fence; (4) the elect ically charged fence
shall be located within a perimeter fence o less than eighteen
inches from said perimeter fence. In no c se, shall an electrical
fence be the only fence on the proper ; (5) the electrically
charged fence must be UL approved; (6) ignage shall be placed on
the fence containing a warning statem t that the fence is elec-
trically charged; and (7) the fence all be electrically charged
between 8:00 p.m. and 8:00 a.m.
Mr. Ackland, Vice President of Cer ified Auto Recovery, stated that
he actually had a list of stipul ions similar to the ones outlined
by staff. He stated that he wa ed to work out this issue with the
City to everyone's satisfacti .
Mayor Nee stated that in is mind, electrical fences are like
cattle prods.
Mr. Ackland stated that, asically, it is similar as a person would
get an electrical char a if they touched the fence. He felt that
there should be sig on the outside of the fence that warns
persons that the f ce is charged and that they will receive a
shock. He stated t at they are trying to deter crime and the elec-
trical fence help in this effort. He stated that since the elec-
trical fence was installed they only had one police call over a
ten month perio Before the fence was installed, they had over
a dozen police calls in a year.
Mr. Ackland elt that the liabilities in allowing teen nights, as
discussed rlier by Council, are much greater to the City than
this elect ical fence.
Council man Bolkcom asked if Sentry Security Systems is aware of
any me ical problems, that may occur if someone comes in contact
with is electric fence.
Mr. ckland stated that he does not have any information relating
to this issue. He stated that their national association has a
FRIDLEY CITY COUNCIL MEETING OF OCTOBER 3, 1994 PAGE IS
tremendous number of these fences installed throughout the country,
and they are effective.
Councilman Schneider stated that it seems if someone came in
contact with the fence, they would have to be trespassing. H�'
questioned how the City would protect themselves from liability
Mr. Herrick stated that he believes the electric fence is s'milar
to those used on a farm to keep cattle from getting out. stated
that he grew up on a farm and used to see who could ho d on the
longest to the fence. He stated that if this is sim' ar, he did
not believe there was a problem. He stated that t City would
want to make sure the technical standards are inclu ed so it would
not become too powerful. He felt that if the Cit requires a hold
harmless agreement and insurance and, with the Ci y's own insurance
coverage, he did not believe there is any subs antial risk.
Mr. Ackland stated that the only itemhe wo d like changed in the
criteria recommended by staff is the times when the fence could be
charged, as most businesses do not/staypen until 8:00 p.m.
Ms. Dacy stated that the basis frecommendation was the
petitioner, at the previous Councing, had indicated they
only charge the fence at night.
Councilman Billings stated thaa zoning amendment would require
four affirmative votes of the Council. He felt that staff would
like to know if there is nough support to proceed with the
amendment process.
It was the consensus o the Council that they would support a
zoning amendment if no negative information was received from the
League of Minnesota ties.
Ms. Dacy stated t at she would inform the Council and the peti-
tioner when a r ponse is received from the League of Minnesota
Cities.
Rp
MOTIO by Councilman Billings to set the public hearing on this
ite to modify Chapter 506 of the City Code for October 17, 1994.
Se o
nded by Councilman Schneider. Upon a voice vote, all voting
ge, Mayor Nee declared the motion carried unanimously.
7. AUTHORIZE PURCHASE AGREEMENT BETWEEN THE CITY OF FRIDLEY AND
DONALD AND CAROL DICKISON FOR THE PURCHASE OF THE PROPERTY
GENERALLY LOCATED AT 5973 THIRD STREET N.E. (WARD 3)
Ms. Dacy, Community Development Director, stated that at the last
Council meeting, the council evaluated a special use permit for
FRIDLEY CITY COUNCIL MEETING OF OCTOBER 3, 1994 PAGE 19
occupancy of a building at 5973 3rd Street. She stated that this
property is zoned S-1, and the intent of this zoning district is
to return the non-residential uses to a residential use.
Ms. Dacy stated that Council, therefore, denied this special use
permit and the re -occupancy of this building and directed staff to
negotiate a purchase agreement with the owner for acquisition of
the property. She stated that Council has before them a purchase
agreement in the amount of $105,000 for acquisition of this
property.
Ms. Dacy stated that the petitioner for the special use permit,
Gary Maciej, will continue his lease agrement at his present
location.
Mr. Herrick, City Attorney, asked if the City has received a clear
title for this property.
Ms. Dacy stated that this was being arranged with Chicago Title,
and the closing would not be held unless this document is received.
MOTION by Councilwoman Bolkcom to authorize the City Manager to
execute the purchase agreement and closing documents with Mr. and
Mrs. Dickison to acquire the property at 5.973 3rd Street N.E., as
long as the title issues are resolved. Seconded by Councilman
Schneider. Upon a voice vote, all voting aye, Mayor Nee declared
the motion carried unanimously.
8. RESOLUTION NO. 86-1994 DESIGNATING POLLING PLACES AND APPOIN-
STATEWIDE GENERAL ELECTION:
MOTION by Councilman Schneider to adopt Resolutio No. 86-1994.
Seconded by Councilman Billings. Upon a voice ote, all voting
aye, Mayor Nee declared the motion carried un imously.
km
Mr. Pribyl, Finance Director, stpeced that these agreements will
return the referendum levy mo 'es to the school districts. He
stated that the HRA approved a agreements and, if approved by the
Council, this would be t eighth consecutive year that these
monies have been returne o the school districts. He stated that
the approximate amoun to be returned are as follows: School
District 11, $16,416• School District 13, $2,648; School District
14, $232,531; and hool District 16, $59,345.
Mr. Pribyl sta d that these amounts are only estimates, and these
are voluntal levies which are being returned.
Council"
Schneider felt that perhaps the Legislature should be
aware these returns to the school district.
FRIDLEY CITY COUNCIL MEETING OF OCTOBER 3, 1994 PAGE 20
MOTION by Councilwoman Bolkcom to approve the agreements with
School Districts No. 11, 13, 14 and 16 and authorize the appro-
priate City officials to execute same. Seconded by Counc&lMan
Schneider. Upon a voice vote, all voting aye, Mayor Nee d ared
the motion carried unanimously.
10.
NO. 249 ( WARD 3 )
Mr. Flora, Public Works Director, stated that bi were received
for the Osborne Road sanitary sewer repair and ere considerably
higher than the budgeted amount of $60,000. He tated that he felt
the time of year limited the number of pote ial bidders, and a
competitive bid was not received for this p oject. He requested
that Council receive and reject the bids, a horize staff to revise
the plans and specifications, and re-adve tise.
MOTION by Councilman Schneider to rec ve the following bids for
the Osborne Road Sanitary Sewer Repai , Project No. 249:
Northdale Construction
14450 Northdale Boulevard
Rogers, MN 55374 $164,891.00
Dave Perkins Contractor, Inc.
14230 Basalt Street
P.O. Box 277
Ramsey, MN 55303 $180,740.00
Seconded by Councilwoma Bolkcom. Upon a voice vote, all voting
aye, Mayor Nee declare the motion carried unanimously.
MOTION by Councilma Schneider to reject the bids for the Osborne
Road Sanitary SewFe Repair, Project No. 249, and authorize staff
to revise the plaand specifications and re -advertise. Seconded
by Councilwoman com. Upon a voice vote, all voting aye, Mayor
Nee declared th motion carried unanimously.
11.
Mr. Flora, Public Works Director, stated that bids were received
for the W shington Street watermain repair, and they were over the
budgeted amount for this project. He stated that he felt. the time
of year limited the number of available bidders resulting in a
higher id. He requested that Council receive and reject the bids,
autho ize staff to revise the plans and specifications, and re -
adv tise.