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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.