CCM 06/10/2013
CITY COUNCIL MEETING
CITY OF FRIDLEY
JUNE 10, 2013
The City Council meeting for the City of Fridley was called to order by Mayor Lund at 7:32
p.m.
ROLL CALL
:
MEMBERS PRESENT
: Mayor Lund
Councilmember Barnette
Councilmember Saefke
Councilmember Varichak
Councilmember Bolkcom
OTHERS PRESENT
: Darin Nelson, Interim City Manager
Julie Jones, Planning Manager
James Kosluchar, Public Works Director
Darcy Erickson, City Attorney
PRESENTATION:
CenterPointe Energy: Donation to Fridley Fire Department.
APPROVAL OF PROPOSED CONSENT AGENDA:
APPROVAL OF MINUTES
:
1.City Council Meeting of May 6, 2013.
APPROVED.
OLD BUSINESS
:
2. Resolution for a Final Plat, PS #12-01, by Carlson McCain, for William Fogerty,
to Subdivide the Existing Large Lot into Three Separate Lots to Allow for
Potential Future Development Opportunities on the Site, Generally Located at
7011 University Avenue (Ward 1) (Continued May 6, 2013).
Darin Nelson
, Interim City Manager, stated Mr. Fogerty is requesting an extension of the
final plat review and approval to the June 24, 2013, City Council meeting, in order to provide
the time necessary to complete the technical changes to the plat. Mr. Fogerty has signed a
waiver pursuant to Minn. Stat §15.99 which allows this item to be continued beyond the 60-
day period. Staff recommends Council’s approval.
FRIDLEY CITY COUNCIL MEETING OF JUNE 10, 2013 PAGE 2
Councilmember Bolkcom
asked what is the chance if at the June 24 meeting Mr. Fogerty
again says he is not ready.
Julie Jones
, Planning Manager, stated they have no guarantee; but the change they need to
make is very minor in nature. They just have a document that needs to be completed and
signed and they will then be ready to execute the plat. Staff has every reason to believe they
will be able to complete that by June 24.
CONTINUED UNTIL JUNE 24, 2013.
NEW BUSINESS:
3.Vacation Request, SAV #13-02, by Carlson McCain for William Fogerty, to
Vacate a Public Road Easement, Two Sanitary Sewer Easements, and a Water
Main Easement on the Property Generally Located at 7011 University Avenue
(Ward 1).
Darin Nelson,
Interim City Manager, stated Mr. Fogerty has requested to have the right-of-
way easement and utility easement vacation request continue to the June 24 Council meeting.
Both Mr. Fogerty and the petitioner have signed the waiver pursuant to Minn. Stat §15.99 in
relation to the 60-day process requirement. Staff recommends Council’s approval.
CONTINUED UNTIL JUNE 24, 2013.
4. Receive the Minutes from the Planning Commission Meeting of May 15, 2013.
RECEIVED.
5. Resolution Designating an Official Depository for the Year 2013.
Darin Nelson,
Interim City Manager, stated in January, the City Council approved Wells
Fargo as the City’s official depository. With the appointment of Walter Wysopal as the new
City Manager, the City needs to create a signature line for him on the Official Depository
Resolution. Staff recommends Council’s approval.
ADOPTED RESOLUTION NO. 2013-28.
6. Appointments: Police Officers.
Darin Nelson,
Interim City Manager, stated there are two police officers to be appointed.
The first is Nicholas Steiger who is being recommended for hire to fill the patrol officer
position of Barry Pankonin. Mr. Steiger has been employed as a St. Francis police officer for
the last seven years, and prior to that he was a sworn patrol deputy for the Anoka County
Sheriff’s Office. He graduated with honors from Alexandria Technical College in 2004 with
FRIDLEY CITY COUNCIL MEETING OF JUNE 10, 2013 PAGE 3
an Associate’s Degree. Most recently, he graduated from Concordia University with a
bachelor of arts in criminal justice with the honor of high distinction.
Mr. Nelson
stated the second officer is Kota Patton who is being recommended for hire. Mr.
Patton fills a vacancy created by the upcoming retirement of Sergeant Richard Cesare at the
end of this month. Mr. Patton is a native of Chattanooga, Tennessee, and is a seven-year
veteran of the Air Force where he served as a security police officer. His last assignment was
with Andrews Air Force base where he provided the security for VIPs flying in and out of the
base. He holds an Associate’s Degree in general studies with honors as well as a Bachelor’s
Degree in business administration project management from Colorado Technical University.
He is currently enrolled in a graduate program. If approved, both officers will start on
Monday, June 24, 2013.
APPROVED.
7. Claims (159486 - 159920).
APPROVED.
8. Licenses.
APPROVED THE LICENSES AS SUBMITTED AND AS ON FILE.
9. Estimates.
Ron Kassa Construction
th
6005 East 250 Street
Elko, MN 55020-9447
2013 Miscellaneous Concrete Project No. 429
Estimate No. 1..............................................$ 10,315.81
Central Roofing, Inc.
4550 Main Street NE
Minneapolis, MN 55421
2012 Municipal Center Roof Replacement No. 418
FINAL ESTIMATE (Estimate No. 3
)......$ 11,206.79
APPROVED.
APPROVAL OF CONSENT AGENDA
:
MOTION
by Councilmember Barnette to approve the proposed consent agenda. Seconded
by Councilmember Varichak.
FRIDLEY CITY COUNCIL MEETING OF JUNE 10, 2013 PAGE 4
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
ADOPTION OF THE AGENDA
:
MOTION
by Councilmember Bolkcom to approve the agenda. Seconded by
Councilmember Saefke.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
OPEN FORUM
:
(No one from the audience spoke)
NEW BUSINESS
:
10. Resolution Approving a Subdivision, Lot Split, LS #13-01, to Create a Buildable
Single Family Lot, Generally Located at 925 Mississippi Street (Ward 1).
Julie Jones,
Planning Manager, stated the petitioner is Shermer Homes on behalf of the
property owner at 925 Mississippi Street. They are seeking a lot split to subdivide this
single-family home property. The home that already exists on the southerly portion of the lot
will remain in place, and the subdivision will allow for the construction of a new home on the
northern portion of the lot.
Ms. Jones
stated the subject property is zoned R-1, single family, as are all of the
surrounding properties. The existing home and garage on the site were constructed in 1950.
Fridley City Code does require that single-family lots in the R-1 zoning district be a
minimum of 75 feet in width and total lot area or square footage of 9,000 square feet. The
subject property is quite large at almost 32,000 square feet in size.
Ms. Jones
stated the petitioner would like to split off the north 117 feet of the lot to allow the
creation of a new single-family lot. After the split, the new lot will be 11,700 square feet in
size and 117 feet wide. The lot with the existing home on it will be 21,000 square feet in size
and 100 feet wide.
Ms. Jones
stated the lot for the existing home will continue to meet all of the required
setbacks and lot coverage requirements. There is adequate room for the new home to comply
with all of the code-required setbacks.
Ms. Jones
stated the Planning Commission held a public hearing for this proposed lot split
on May 15, 2013. A few neighbors did speak out against the proposed split request. The
petitioner is trying to accommodate the neighbors’ concerns by constructing the new house
as far south on the lot as possible.
FRIDLEY CITY COUNCIL MEETING OF JUNE 10, 2013 PAGE 5
Ms. Jones
stated the Planning Commission unanimously recommended approval of the lot
because it does meet the minimum standards set forth in the Zoning Code. City staff
recommends concurrence with the Planning Commission with five stipulations.
Councilmember Bolkcom
asked Ms. Jones to summarize what the neighbors’ concerns are.
One of them was safety as to the traffic and location of the driveway.
Ms. Jones
replied she did know one neighbor across the street was concerned about losing
the trees and the park-like look they had across the street from them. Also, the neighbor to
the northwest of the proposed lot was actually interested in buying part of the property
themselves to create a more standard sized lot. Even if the lot split proceeds, she is not sure
if they had any negotiations with the petitioner or the landowner and that would not preclude
that from happening in the future. It would require a plat and would not just be a simple lot
split. It would be a more complicated subdivision.
Councilmember Bolkcom
asked was there a question about drainage?
Ms. Jones
replied that she had not heard.
Rick Shermer
, Shermer Homes, stated the problem for the people’s property to the north is
their front yard is only 12 feet wide from the front of the house to the property line. He
proposed to push the garage all the way to the south. He wants to be neighborly. There will
be no windows on that side, the garage will be on the right side, and the driveway will not
interfere with the people coming off of Able Street. He is trying to be reasonable.
Councilmember Bolkcom
replied that is very reasonable.
Mr. Shermer
statedin the top northerly part there is a 12-foot high fence. He would like to
take the fence down and push the house all the way over. He addressed the neighbors after
the meeting and they had no concerns. He will be doing what he can do to keep the trees.
He has to hook up the sewer and do a street cut.
Councilmember Bolkcom
asked Mr. Shermer if he knew how many trees will have to come
down.
Mr. Shermer
replied he does not know where the sewer actually is. He is pushing the
garage all the way to the south side, and will do a retaining wall.
Councilmember Saefke
stated he was by the property today. It is a beautiful lot. He thinks
Mr. Shermer will be able to save a good number of the trees. From his perspective, if you
meet the Code, legally you have every right to split that lot. There was some concern about
drainage but there are materials and/or techniques to avoid problems.
FRIDLEY CITY COUNCIL MEETING OF JUNE 10, 2013 PAGE 6
Mr. Shermer
replied the drainage now runs towards the northeast portion of the lot. He is
not going to affect any of the drainage, and the drainage is not going to affect this property.
Councilmember Saefke
stated all that stuff needs to be approved anyway. He does not
think there is any problem with this at all.
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Bart Douglas,
871 – 66 Avenue NE, stated he lives two doors down from the property. He
met Charles, the new neighbor, and he also met Brian and Kathy Hove. He visited with them
and got the approval he could represent them on a couple of issues. As to the lot, the Hoves
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live on, 891 – 66 Avenue NE, he asked if anyone knew if that lot was originally owned by
the City.
Councilmember Barnette
replied, the family who originally lived there was named
Bernster, and to the best of his knowledge, they owned that entire lot.
Mr. Douglas
stated he is talking about the Hoves’ lot. The one that was on the curve. If it is
true that it was never owned by the City, it is his understanding it was part of an existing,
undeveloped area owned by the City. It seems it was the decision of the City maybe to put a
house in there. He apologizes if that is wrong. In his view that was wrong from a neighborly
point of view. Not that it was not meeting Code, etc. To him that was like a strike one.
Going forward, people moving, and a fence goes up. He asked everybody to try and put
themselves in the position of the Hoves. Now a fence is up in your front yard.
Mr. Douglas
stated he lives two doors down. It is quite irregular. He was asking his father
if he knows of any other lot in the City like that where there is an irregular lot where you do
not possess the property adjacent to your driveway to your front door. He could not think of
one.
Mr. Douglas
stated, No. 1, in his view the City erred in putting that lot there and building a
house. Yes, the Hoves knew when they moved there the property line was there; but there
was no fence. It is one thing not to have a fence right outside your front door.
Councilmember Bolkcom
asked who put the fence there.
Mr. Douglas
stated, the second strike, is that the City is now going to put in a house. Not
that it is not by Code, etc. It is not quite neighborly to do that. His final point is, he does not
know what ordinances are in other cities but asked if they have an ordinance where if you
move and purchase a property there could be a period of time you must dwell there before
you are able to split the lot? In this housing climate, they are in with a lot of buying and
selling and moving. In his view, if he drove to this place and he saw a ripe apple to pick,
knowing he could make a quick $85,000 to $100,000 by splitting the lot, maybe he would go
in there, live there a couple of years, sell it and go.
Ms. Jones
stated there are people who have lived in that area for 20 to 30 years. The Hoves
have lived there 23 years. Now the new neighbors are coming in, they have a full right to do
FRIDLEY CITY COUNCIL MEETING OF JUNE 10, 2013 PAGE 7
that but, again, if you live there would we do that to our neighbor? He also would like to
propose the City entertain such an ordinance, that they look at legal possibilities if it would
be out of line to have a two to three-year moratorium on lot splits when somebody new
moves in.
Mayor Lund
stated he would ask the City Attorney to weigh on that but his first reaction is
no. Mr. Douglas is talking more about a morality type thing, rather than legality.
Councilmember Bolkcom
stated you can buy a property and never live in it and split the lot.
Anyone can do that.
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Councilmember Saefke
stated if you go down on Jackson and 66 there is a house that is
not quite square with the lot. That is the original farm house that used to own that whole
property there. Typically what would happen when Fridley was being developed, the
farmers who owned the property sold it to developers, and the developers were responsible
for platting the property. The City probably never really owned that property. As far as
ownership of private property, he can buy whatever he wants.
Darcy Erickson
, City Attorney, stated she is not aware of any city in the metro area or the
state for that matter that has any kind of restraint on the alienation of property, the selling of
property. Property rights are a bundle of sticks; and that is the right to rent it, the right use it,
and the right to sell it. The law itself does not always favor putting restraints on alienation or
sale of property. She does not believe there is any type of expectation anyone can have that
the property is not going to be developed. Here it appears to be meeting all of the Code
requirements and while it might be nice to have the view the neighborhood currently enjoys,
there really is not a way to stop something. The person has the right to develop property
assuming it meets the requirements of the Code.
Mayor Lund
stated when he looked at it he thought it was a little bit of an odd lot. Put
yourself as if it were your house, he probably would have been talking to the neighbor that
owned that property a long time ago. Maybe even before considering buying it. See about
buying a little pie shape there. On an outside corner usually you do have a lot line that goes
out at an angle. This one is very square into the front yard and cuts off.
Mayor Lund
said from Council’s viewpoint it meets all the setback requirements, and he
does not see that they can stop this. He certainly understands the fact that it is an
inconvenience and an unusual scenario.
Councilmember Bolkcom
stated Mr. Douglas made the comment that the City is doing this
lot split. However, it is coming before them for approval. The City did not seek out this
owner to split this lot and build a home. These lots split happen all over the place. This does
meet the requirements. She said she does not believe the City has the legal right to deny this
request, and would probably be sued for it.
FRIDLEY CITY COUNCIL MEETING OF JUNE 10, 2013 PAGE 8
Mr. Douglas
replied he was not saying the City is soliciting it in any way. However, they do
have the authority to grant or deny. In conclusion, the City gains by a “yes” and it loses by a
“no” because it gets another taxpayer.
Councilmember Bolkcom
stated she has a legal obligation to protect the City also, and she
does think the City would be sued. They have no reasonable reason to deny this request
because it meets all Code requirements to have a lot split here. She is not doing it because
they are going to get another property on the tax roll.
Mr. Douglas
replied he is not saying they would make a decision for that reason. He is just
making an objective statement saying the City benefits by approving it. It loses by denying.
The City does not have a legal standing to deny it unless instead of going by the letter of the
law, they took also the second method of leadership which is to go by the spirit of the law
and try to empathize with the people they are representing.
Councilmember Bolkcom
said she is not saying they would emphasize but they also gain
because they are bringing in another single-family home and another family into the
community. She would like the City Attorney to comment about legal rights vs. moral or
empathetic reasons to do something.
Attorney Erickson
stated she thinks the City would be very hard-pressed to find a reason
grounded in the law as a basis for denying the request. It puts the City into a precarious
situation if it were to deny on those grounds. Reading through the City Code, she does not
see any distinction between the spirits of the law vs. the letter of the law. The Code is
drafted with various objective terms, square footage, minimum lot size for the dimensions of
a lot setback, etc. Those guidelines are drafted with the intent of protecting the surrounding
properties and making sure that properties are not being developed and houses are spaced too
closely. There is thought given to those requirements. She does not see there is any friction
between the letter of the law and the intent of the law. Those are harmonious.
Councilmember Saefke
stated as to spirit of the law, it is private property ownership and
what you can do with that property. One aspect is a person living there already on a probably
funny looking lot. However, take it from the vantage of the person who owns this larger lot.
These laws, codes, etc. are there to protect people’s rights. When you purchase property, you
have the right to do whatever is within the law. All the gentleman is asking for is his right to
split the lot and, as long as it meets all the legal requirements, that is the spirit of the law.
The City is legally bound to let him do that as long as it is within the law. Whenever there is
change, there will be people who object to it as things will not look the same or be the same.
Mayor Lund
commented as to Mr. Douglas’ comment that, yes, the City gains and the other
way it does not. He believes Mr. Douglas is saying that relates to financially with respect to
property taxes. It adds another taxpayer.
Mr. Douglas
replied, correct.
FRIDLEY CITY COUNCIL MEETING OF JUNE 10, 2013 PAGE 9
Mayor Lund
stated that is a little incorrect. With another property taxpayer, everyone else
who pays the property taxes benefits, not the City. The City has a levy, and if there is one
less taxpayer who meets that cap or that levy, then everybody else pays a little bit more.
Having one more taxpayer reaching that cap in the levy, it means they all pay a little less.
Mr. Douglas
stated the request the homeowner has made and the request the neighbors have
made and the reason this should be denied is it would be an exception. The exception would
be that it is on an irregular road. Whoever moves in next will say I want to move into that
house, look at the weird front yard and there is a house right by it.
Mayor Lund
stated he gets the impression this lot split makes it a natural okay and the
existing house with 12 feet from their house and their front yard seems to be the irregular
one. It makes it more normal to have this new house coming in with the one that is already
existing. He would have been talking to the property owner about buying a slice there to
make it a little bit more normal.
Councilmember Varichak
stated she had the same situation a few years ago where she
lived. She had nobody across the street from her. About 8-10 years ago, the property owner
across the street decided to sell the land, split the lot 6 different ways and there were 6 new
homes in that area. She lost the woods across the street, and she felt her privacy was
invaded; but she now has two really nice neighbors and they all watch out for each other and
take care of the neighborhood. It was very hard for her to adjust.
MOTION
by Councilmember Saefke to adopt Resolution No. 2013-29 with the following
five stipulations:
1.All necessary permits shall be obtained prior to construction on new home.
2. Grading and drainage plan to be approved by City’s engineering staff prior to the
issuance of any building permits, in order to minimize impacts to the surrounding
properties.
3. Property owner, at time of building permit application, shall provide proof that any
existing wells or individual sewage treatment systems located on the site are properly
capped or removed.
4. Property owner, at time of building permit application for the construction of the
single family home, shall pay $750.00 required park dedication fee.
5. Property owner at time, of building permit application for the construction of the
single family home, shall pay all water and sewer connection fees.
Seconded by Councilmember Bolkcom.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
FRIDLEY CITY COUNCIL MEETING OF JUNE 10, 2013 PAGE 10
11. Resolution Approving Antenna Site Lease Agreement between the City of
Fridley and Verizon Wireless (VAW) LLC, d/b/a Verizon Wireless, for Cellular
Communications Equipment and Facilities at Commons Park (Ward 1).
James Kosluchar, ,
Public Works Directorstated this is for Water Tower No. 1 at the
Commons Filtration Plant site. Verizon Wireless contacted the City some years ago in
regards to leasing space for telecommunications equipment at this site, and they needed
additional coverage because of technology, etc. The water tower at Commons Water
Treatment Plant is the site proposed and is approved by the City telecommunications
ordinance. The proposed equipment under the terms of the lease include a communications
shelter, 12 antennas on Commons Park Water Tower No. 1, and 18 co-ax lines running
through the shelter to the antennas.
Mr. Kosluchar
stated the shelter is located to the northeast of the water tower. The water
st
treatment plant faces 61 and the water tower is behind it. The proposed shelter location is to
the northeast. Independent access would also be part of the lease. Access just east of the
Commons Park treatment plant to that location would be fenced in and exclusively accessible
by Verizon. There will be antennas on top of the tower which is something new. The City’s
current antennas are on the rail halfway up the tower.
Mr. Kosluchar
stated, as to terms of the lease, the City started with the standard city lease
that got modified. There were a number of terms modified and updated and customized for
this site and this use. There is an initial five-year term and it is renewable for four additional
terms of five years. Those are actually standard terms. The lease rate would start at $34,200
per year. Rates will be increased by 3 percent annual during the term of the lease.
Mr. Kosluchar
stated Verizon will have to have a building permit application review, a
structural analysis will be provided, and non-interference terms in the lease. Verizon will
provide an interference analysis. There are three existing private carriers on the site plus City
communications right now. He recommends the City Council adopt the attached resolution.
Councilmember Saefke
asked how long will the antennas be?
Mr. Kosluchar
replied he believed they are eight feet and about a foot wide.
Dave Fisher
, Buell Consulting, stated he knows they are not taller than eight feet.
Councilmember Saefke
asked how close together they were.
Mr. Fisher
replied there are four per site and there are three sectors. That is a standard
configuration. All the carriers have them.
Councilmember Saefke
stated seeing how this is going to be on top of the water tower, will
it obstruct the view of the aircraft light?
FRIDLEY CITY COUNCIL MEETING OF JUNE 10, 2013 PAGE 11
Mr. Fisher
replied, no, he did not believe it would.
Mr. Kosluchar
stated he recalled in the plans it showed the aircraft light being raised a
couple feet.
Councilmember Saefke
asked what good would that do if the antennas are eight feet and the
aircraft light is raised only two feet.
Mr. Kosluchar
stated the aircraft light right now extends beyond the rail and is still visible
above the rail. The difference between the rail height and the antenna height is the aircraft
light gets raised so it is visible.
Mr. Fisher
replied he is sure it has to be in compliance with the FAA regulations.
Councilmember Saefke
asked how close will the antennas be to the maintenance rail.
Mr. Fisher
replied they are mounted on structural components that hold up the antennas.
Those are actually outside the rail. He cannot give a measurement offhand.
Councilmember Saefke
asked Mr. Fisher if he has been on top of the water tower.
Mr. Fisher
replied he has not.
Councilmember Saefke
stated if there are hooks there for future maintenance/painting to
hang a screen to cover the tower while it is being painted or sandblasted. He asked if the
brackets would interfere. He asked what would happen when they do paint the water tower
and the tower is encapsulated. How would they temporarily mount them?
Mr. Fisher
replied that is typically taken into account. They have antennas on top of
thousands of water towers, and they have the same situation where they want to make sure
there is no interference. They will make sure to work closely with Mr. Kosluchar.
Councilmember Saefke
stated he does not object at all; however, his whole problem with
this is aesthetically it does not look very good. The antennas up there now are mainly
unobtrusive as they are on the outside rail about two-thirds of the way down and they are
painted the same color as the tower. Most people do not even notice that. They will when
they see eight-foot antennas on top of the tower, because he has seen them in other
communities. It reminds him of a porcupine.
Mr. Fisher
replied, sure, and he would not argue that. Unfortunately, because of the height
requirement, the spatial constraints, the lack of no other sites in the City, along with some
other concerns, the only space is on the tower. At least they were able to utilize this existing
structure rather than building a new one.
FRIDLEY CITY COUNCIL MEETING OF JUNE 10, 2013 PAGE 12
Councilmember Saefke
stated he believed there would be some possible future issues with
painting maintenance. He asked if the antennas are able to be painted.
Mr. Fisher
stated they will do everything possible to make it as aesthetically pleasing as
possible.
Councilmember Saefke
asked if they have looked at Water Tower No. 2.
Mr. Kosluchar
replied there is a pending easement. That would be an additional site to their
network. They have actually done their due diligence looking at all alternative sites.
Councilmember Bolkcom
asked if there is some other nearby community that has a water
tower with these types of antennas on top.
Mr. Fisher
replied, he is sure there are hundreds. He cannot think of any off the top of his
head. He has done this for 18 years and they have hundreds and hundreds of water towers.
Whenever they cannot go on the catwalk and there are space constraints because of other
carriers, etc., already there, they have to put it on top.
Councilmember Bolkcom
stated although this is a site that is approved in the City’s
telecommunication ordinance, it does not automatically get approved. There is still an
agreement they have to approve.
Mr. Kosluchar
replied, that is correct. The telecommunications ordinance is the first task
that is required. The City does happen to own some of the approved sites.
Mr. Fisher
stated Verizon is in the process of executing an agreement. They would like to
have a lease authorization for the Mayor and the City manager to sign so they do not have to
come back before the City Council to be executed upon an approval by the City Attorney and
Mr. Kosluchar of the construction drawing.
Councilmember Bolkcom
stated also in no way does this affect the City’s water tower.
They have their own structure where they can go into and have their own fencing. It does not
mean that anyone who works and maintains their antennas compromises any of the City’s
structures.
Mr. Kosluchar
replied that is correct. From a worker’s safety standpoint, there is going to
be exposure and proximity to this equipment. The equipment stands off far enough where
that exposure is reasonable. If there is long-term maintenance, such as tower painting, the
equipment can be turned off. In addition, the lease document includes the requirement for
the tenant to remove their equipment in the event the City needs to do maintenance.
Councilmember Bolkcom
stated also if they suddenly decide they do not want this
anymore, they cannot just abandon it and leave the large antennas up there.
FRIDLEY CITY COUNCIL MEETING OF JUNE 10, 2013 PAGE 13
Mr. Kosluchar
replied that is correct. The City Attorney has put some assurances in the
agreement that there is a bond requirement Verizon would need to hold and that should take
care of removal of any abandoned equipment.
Darcy Erickson,
City Attorney,stated they have the plans that are attached which are fine
for the construction, but the City would request that in the event a tweak needs to be made
because a nut, bolt, or something is in the way, the City Public Works Director can work with
Verizon on it.
Mayor Lund
stated they just want to make sure that what is included in this lease is
essentially correct.
Attorney Erickson
stated, yes, they have conceptual plans they believe are accurate.
MOTION
by Councilmember Barnette to adopt Resolution No. 2013-30. Seconded by
Councilmember Varichak.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
ADJOURN:
MOTION
by Councilmember Barnette to adjourn. Seconded by Councilmember Varichak.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY AND THE MEETING ADJOURNED AT 8:37
P.M.
Respectfully submitted,
Denise Johnson Scott J. Lund
Recording Secretary Mayor Lund