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07/23/2007 - 00029145CITY COUNCIL MEETING CITY OF FRIDLEY JULY 23, 2007 The City Council meeting for the City of Fridley was called to order by Mayor Lund at 7:30 p.m. PLEDGE OF ALLEGIANCE: Mayor Lund led the Council and audience in the Pledge of Allegiance to the flag. ROLL CALL: MEMBERS PRESENT: Mayor Lund Councilmember-at-Large Barnette Councilmember Saefke Councilmember Varichak Councilmember Bolkcom OTHERS PRESENT: William Burns, City Manager Scott Hickok, Community Development Director Don Abbot, Public Safety Director Fritz Knaak, City Attorney Layne Otteson, Assistant Public Works Director PROCLAMATION: Presented proclamation for "National Night Out" which will be held on Tuesday, August 7, 2007. APPROVAL OF PROPOSED CONSENT AGENDA: APPROVAL OF MINUTES: Approval of the City Council Meeting Minutes of June 25, 2007. APPROVED, with changes on page 3, first paragraph. NEW BUSINESS: 1. First Reading of an Ordinance Amending Chapter 206, Building Code, Adopting the 2007 Minnesota State Building Code and Amending Permit Fees William Burns, City Manager, stated the changes relate to the costs of electrical inspections, charges to contractors for the use of public water on construction sites, and to changes incorporated in the 2007 version of the State Building Code. Staff recommends that the City's FRIDLEY CITY COUNCIL MEETING OF JULY 23, 2007 PAGE 2 electrical inspection costs be made consistent with State law and that the following changes be made in the fees charged to contractors for water used during construction: ■ Cost of water used during construction raised from $1.25/1000 gallons used to $1.30/1000 gallons used. ■ Minimum for water used raised from $10 to $20. ■ Cost to fill a tanker raised from $10 to $20. ■ Cost for patching streets after water taps changed from $400 per square foot to actual cost. Dr. Burns stated although the State has not yet provided copies of all building code changes for 2007, staff recommends that Council adopt the 2007 State Building Code by reference, which will enable staff to incorporate the changes as they are made. Staff recommends Council's approval. WAIVED THE READING OF THE ORDINANCE AND ADOPTED THE ORDINANCE ON FIRST READING. 2. Approve Tower Site Agreement between the City of Fridley and T-Mobile Ventral, LLC, for the Installation of Cellular Antennas on the Marion Hills Water Tower (Ward 1) William Burns, City Manager, stated this provides for a second series of cellular antennas for the Marion Hills water storage tank The other cellular communications provider with antennas on the tank is Sprint. We also have SCADA equipment on the tank and other equipment that has been placed there by the County to serve the 800 MHz public safety communications system. Under the terms of the agreement, T-Mobile will place up to nine antennas on the tower in bunches of three. Dr. Burns stated that T-Mobile would also be granted an access easement and an area for construction of a 10' x 12' storage equipment building. T-Mobile will also be allowed to construct a 65' long sidewalk between the parking lot and their storage building (located outside our fencing and south of the water tower). The agreement provides for a monthly payment of $1,750 plus an additional $125/month for each additional antenna after the first nine. The rent is to be increased annually by an amount equal to the CPI, but not less than 2% or more than 5%. The term of the lease is five years with an option to e�tend the lease for four additional five-year periods. The lease agreement has been reviewed by City staff and the City Attorney and found to be consistent with other agreements. Staff recommends Council's approval. THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA 3. Resolution Authorizing Participation in the Safe and Sober Communities Grant Program. FRIDLEY CITY COUNCIL MEETING OF JULY 23, 2007 PAGE 3 William Burns, City Manager, stated the Fridley Police Department proposes to collaborate with Anoka County and several nearby cities to take advantage of a grant program offered by the Minnesota Department of Public Safety. The program provides funding for police officer overtime on major holiday weekends for a coordinated effort to address driving under the influence of drugs and alcohol. It also provides funding for advertising and community education. The period covered by the grant is October 1, 2007, to September 30, 2008. The City of Coon Rapids will serve as administrator for the program in Anoka County. Staff recommends Council's approval. ADOPTED RESOLUTION NO. 2007-35. 4. Appointment — City Employee. William Burns, City Manager, stated that they are recommending the appointment of Kevin Titus to fill the police officer position vacated by the retirement of Sergeant Dave Prois. APPROVED APPOINTMENT OF KEVIN TITUS. 5. Claims (132396-132792). APPROVED. 6. Licenses. APPROVED THE LICENSES AS SUBMITTED AND AS ON FILE. Councilmember Bolkcom asked for Item 2 to be removed from the consent agenda. MOTION by Councilmember Barnette to approve the consent agenda with the removal of Item 2. Seconded by Councilmember Varichak. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. MOTION by Councilmember Bolkcom to approve the agenda with the addition of Item 2. Seconded by Councilmember Saefke. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. OPEN FORUM (VISITORS): None. FRIDLEY CITY COUNCIL MEETING OF JULY 23, 2007 PAGE 4 PUBLIC HEARINGS: 7. Consideration of a Special Use Permit, SP #06-04, by Brent Anderson for BDA Development Co., to Allow Limited Outdoor Storage in an M-1, Light Industrial Zoning District, Generally Located at 7600 Highway 65 NE (Ward 2) MOTION by Councilmember Varichak to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE PUBLIC HEARING OPENED AT 7:45 P.M. Scott Hickok, Community Development Director, said this public hearing was to consider the revocation of Special Use Permit, SP #06-04, for BDA Development. The petitioner, Brent Anderson, received approval on September 25, 2006, to allow limited outdoor storage at his property located at 7600 Highway 65. Several stipulations were attached to the special use permit. Since that time, several of the stipulations have either not been met or are past the deadline for completion. At the time of approval, petitioner had expressed his need for additional time to construct the lean-to structure due to money constraints and the many improvements needed on the site. Mr. Hickok said the Planning Commission and the City Council agreed to e�tend the deadline for the lean-to structure from December 31, 2006, to October 1, 2007. At the time of the special use permit approval, Petitioner did say that all improvements, including but not limited to, paving and curbing the site, a new screening gate, and a fence along the southern property line to be replaced or repaired, would be completed by December 31, 2006. The specific that have not been met or are past the deadline for completion are as follows: . Petitioner to provide City Staff with dimensions of the outdoor storage area in the northwest corner of the property, labeled as "E" on the site plan. . Petitioner to provide storm water maintenance agreement for use of storm pond west of the subject property. . Petitioner shall install curb and gutter around site perimeter and hard surface any remaining gravel areas with asphalt or concrete. . Gate width and style to be installed to access the rear yard on the southeast corner of the property to meet Fire code requirements. Gate shall also be screened with slats installed in order to comply with code requirements by December 31, 2006. Gate shall remain closed, except when being used for access to the yard, to ensure proper screening. . No off-loading of materials shall take place in front of the principal building or eastern entrance area or service road. . All storage shall be contained within the buildings, this structure as defined in this proposal, or the area identified as "E" in the attached site plan. Mr. Hickok said that the December 31, 2006, deadline has passed, and no improvements have been made to the site, with the exception of the removal of the semi-trailers that were parked on FRIDLEY CITY COUNCIL MEETING OF JULY 23, 2007 PAGE 5 site for storage. Staff recommends that all of the 21 stipulations placed on this special use permit request be completed by December 31, 2007. This includes construction of the lean-to structure and everything that is required as a result of that construction. If any of the stipulations are not met by the December 31, 2007, deadline, staff recommends that the City Council revoke the petitioner's special use permit at their first meeting in January of 2008. Staff recommends that the City Council open the public hearing and hold it open until the January 7, 2008 City Council meeting for the final decision on revocation of Special Use Permit, SP #06-04. If Council chooses to revoke the special use permit, a resolution has been prepared. Councilmember Varichak asked why the stipulations were not met in a timely manner. Mr. Hickok replied that Mr. Anderson recently experienced the death of a very important person of the organization. Storage problems have been a long, ongoing issue with this site. Councilmember Barnette asked if Mr. Anderson had other tenants in the building. Mr. Hickok answered that it was a multi-tenant complex and tenants did have product stored outside. Councilmember Barnette stated that even if the property owner leased out space, he was responsible for the entire property. The property owner was to have the stipulations met in October and was already granted an extension to December, and now was asking for an additional e�tension to January. She asked why the property owner was asking for the e�tension to January. The special use permit should be revoked because everything was to be completed by October of 2007. If the permit is e�tended to January, the property owner could run into a hardship situation due to weather. Mr. Hickok said petitioner was granted additional time to complete the stipulations to October, 2007, and was asking for another e�tension. Staff is not confident the work will be complete by January, 2008, but at this time does not want to put the petitioner out of business. To complete the construction of the lean-to structure between now and October of 2007 may not have been a realistic time frame. The City is willing to allow some e�tra time due to the circumstances the petitioner has been experiencing. Councilmember Bolkcom said the stipulations in the special use permit were not adhered to and the deadlines were not met. She was frustrated that staff was so lenient in allowing a year e�tension and may now allow another e�tension. She questioned how lenient we should be. She asked if the petitioner came to staff and asked for an e�tension or if this was discovered on a follow-up visit. Mr. Hickok said it was discovered during a follow-up visit. The good news is the site has improved and met some of the stipulations. Staff is looking for compliance, and e�tra time is needed. Staff will spend at least three months monitoring this situation. Under the circumstances, the stipulations will not be met by October. It would be reasonable to allow the e�tension rather than put petitioner out of business. Hopefully, this e�tension will allow the petitioner to succeed in a short amount of time. FRIDLEY CITY COUNCIL MEETING OF JULY 23, 2007 PAGE 6 Brent Anderson, BDA Development, stated that on December 1, 2006, another company acquired his company. For financial reasons, the company that acquired his company was behind on rent ($106,000). The delinquent rent put the special use permit in jeopardy because it caused financial hardship and the inability to complete the stipulations due to lack of finances. He is currently working to collect the past due rent and the company said they should be able to make the past due payments in August. Nine trailers have been removed from the site. They have cleaned up the yard and paved more area than what was required. He believes they are slowly making progress and when the rent is current, they will have the funds to complete the job. In October, the construction business will slow down and he will have the staff to build the lean-to structure. There is a chance they may get into a situation due to cold weather that would prevent the concrete construction. He said he would be willing to come to a meeting in October or November and provide an update. He said his partner was initially working on this project and got very ill. He passed away in April. William Burns, City Manager, asked about the company that is behind on the rent and why they got so far behind. Mr. Anderson answered the company bought the contracting part of his business, not the building. Mr. Anderson has been focusing on getting the company current on the rent and getting the project going. Mayor Lund asked for confirmation that Mr. Anderson sold the business but not the property. He said that if this is right, the special use permit and stipulations are tied to the property. Mr. Anderson said he had copies of the letter he is sending to company that is behind on rent. Mayor Lund asked when the company was first late on their rent. Mr. Anderson answered March of 2007. Mayor Lund said that the lean-to structure was to be done by December of 2006. Mr. Anderson said that he was having difficulties with the contracting business and now the business has been sold. Mayor Lund did not see the correlation between the past due rent and the stipulations not being met on time. When the special use permit was granted, Mr. Anderson agreed to the stipulations and the timing. Mr. Anderson said he agreed with the stipulations but did not understand them all. Mayor Lund said that if he did not understand the stipulations, he should have asked staff to explain them. If Mr. Anderson has a bad tenant not paying rent which prevented him from building the lean-to structure, the late rent started in March of 2007 which is after the time that the structure should have been built. He sympathized with Mr. Anderson in the untimely death FRIDLEY CITY COUNCIL MEETING OF JULY 23, 2007 PAGE 7 of his business partner, but all of the stipulations should have been completed by December 31, 2006. Mr. Anderson said that the death of his business partner was not a simple situation. He had a brain tumor and his health declined for quite some time. He was in a wheelchair for 6 to 7 months and continued to come to work even though he was unable to perform his duties. He did not feel it would be right to take over the project when his business partner was putting forth whatever effort he could under the circumstances. Mayor Lund said he still saw no correlation between the timing the project should have been completed and the financial hardship. Mr. Anderson said that the tenant was experiencing financial hardship as well and chose to pay his employees before the rent, not making the rent a priority. Mayor Lund stated that the delay in meeting the time frame may be a reasonable situation but staff did not have high hopes for Mr. Anderson to fulfill the agreement even with the new e�ension. Mr. Anderson said that he has talked with a bank and if he used the building as collateral, a loan looks promising if the tenant cannot come current with the rent in August. He said he would still need the additional three months to complete the stipulations. He realizes that his business is in jeopardy and the special use permit could be terminated and would be willing to come and update Council on the progress of the stipulations. Mayor Lund asked if December 31, 2007, would be sufficient time for Mr. Anderson to complete the stipulations. Mr. Anderson answered no but he believes that 80-90% of the work could be completed by then. Mayor Lund commented that at least he had the bank to use as a last resort if the tenant did not come current with the rent. Mr. Anderson said that he is sending the letter and if rent is current in August, they will be able to move forward without help from the bank. Mayor Lund commented the business would really be in hardship if the outdoor storage goes away. Mr. Anderson said that the tenants would suffer as well because all of the tenants need outdoor storage space. Mayor Lund asked if the tenants were aware of this situation and if they have looked to other options if things do not get resolved. FRIDLEY CITY COUNCIL MEETING OF JULY 23, 2007 PAGE 8 Mr. Anderson said most tenants need the outdoor storage space. Mayor Lund said that he would like to keep the business in the community but it was also important to keep the community looking nice. Mr. Anderson said that they have hauled a lot of stuff to their outdoor storage yard in Cambridge. Mayor Lund asked why there was a sign "no trucks beyond this point" still on site when trucks were suppose to load in the back. Mr. Anderson said he did not realize this sign was there until he saw the photograph. The sign will be taken down. In the past, some trucks would unload in the front as it was hard to maneuver the trucks in the yard. Now they have new fork lifts that make unloading trucks easier in the back. Mayor Lund asked Mr. Hickok if they have received any calls or complaints of them unloading in the front. Mr. Hickok answered he is not sure that this is not an issue anymore. Mayor Lund said that the issues with the site are not all financial such as the draft of the drawing plan for Site E. Mr. Anderson answered that his business partner had brought those drawings home and they were thrown away after his death. He would get together with Scott and start reworking on the plan. Mayor Lund asked when Mr. Anderson would take ownership on this project. Staff notifies petitioners when things are not complete and Mr. Anderson should have been well aware that he was not in compliance. Mr. Anderson said that Stacy called him about a month ago and he was not able to find the drawing. Councilmember Bolkcom said that she was comfortable with the e�tension due to the unfortunate circumstances with the financial hardship and death of his business partner. Staff should keep Council updated in October, November and December on the progress of the completion of the stipulations. Holding this open until January should allow the petitioner ample time to complete this project. The petitioner claims that he was unaware some of the stipulations but needs to take ownership to all of them now. Councilmember Saefke asked how long the business has been in town. Mr. Anderson said he has been in business for 28 years and moved to this site in 1992. When he moved onto the site, it was not in the best condition and they invested around $350,000 to FRIDLEY CITY COUNCIL MEETING OF JULY 23, 2007 PAGE 9 improve the site. There are more improvements they would like to make when finances are available. Councilmember Saefke asked what types of businesses are on site. Mr. Anderson answered commercial roofing, waterproofing, structure repair and concrete restoration. He said that most employees live north of the site and they commute to the site and then drive the equipment to the work site. There was talk to find a different location, south, but this would not be as convenient for the employees. Councilmember Saefke said he was willing to keep the public hearing open to January 2008. Councilmember Barnette asked if all tenants were related to the current business. Mr. Anderson said that there was a flooring contractor that mainly works with the food industry and they were independent of BDA Development. Councilmember Barnette asked if the tenants were willing to help out or if they were looking to relocate somewhere else. Mr. Anderson said that they would help construct the lean-to structure, which will allow more covered outdoor storage space. Councilmember Varichak asked if the tenants knew he was suffering from financial hardship. Mr. Anderson answered yes, they were all aware of the situation. Mayor Lund asked how the business that bought his business paid for it. Mr. Anderson said it was a stock for stock exchange with a two-year restriction, so the bank will not even use the stock as collateral. Mayor Lund said that this e�tension will be an opportunity for him to succeed but he has strong reservations allowing this e�tension. Mr. Anderson has legitimate excuses why he is not in compliance but clearly stated that by the end of the year he would only be 80 to 90% complete. By the January 7, 2008 Council Meeting he should be done or close to completion. He said Council is trying to give Mr. Anderson every consideration and prefers not to take court action. Councilmember Bolkcom asked staff to update Council in October and November on the progress of the site. MOTION by Councilmember Varichak to continue the public hearing on the consideration of Special Use Permit, SP #06-04, by Brent Anderson for BDA Development Co. to January 7, 2008. Seconded by Councilmember Bolkcom. FRIDLEY CITY COUNCIL MEETING OF JULY 23, 2007 PAGE 10 UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 8. Consideration of a Resolution Ordering the Removal or Repair of a Hazardous Building Pursuant to Minnesota Statues, Section 463, Located within the City of Fridley, Minnesota. MOTION by Councilmember Barnette to waive the reading of the public hearing notice and open the public hearing. Seconded by Councilmember Saefke. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE PUBLIC HEARING OPENED AT 8:37 P.M. Scott Hickok, Community Development Director, stated that the property located at 1465 Gardena Avenue has a garage that staff has discovered is a hazardous structure. Determination was made that the concrete blocks are bowing out on two sides of the building, the south and the north side have substantial cracking, it appears that the roof is only partially there, the entire wooden plate top coat is rotted and there are rotten ceiling joists inside the structure. Mr. Hickok said that this resolution would set in motion the response time in the event the property owner did not take care of this hazardous structure. The property owner has come forward and presented a demolition permit and indicated that by the end of August the garage will be gone. The property owner plans to construct a new garage on the site by November 1, 2007. Mr. Hickok said there are three options the property owner can choose: Take care of the problem, set up a reasonable time with staff, or do nothing. The property owner has chosen the reasonable time frame option but they have done this without the resolution. If the resolution is passed this evening, it gives the property owner 20 days to respond. This will have a favorable outcome, the property owner will demolish the building with their own finances, and staff is satisfied with this option. Staff recommends holding the public hearing without acting on it as a hazardous building. Staff will bring this back to Council in September if the building has not been taken down. Staff is confident it will be taken down by the end of August. Councilmember Varichak asked why three e�tensions were granted on this property. Mr. Hickok said that the e�tent of the condition of the garage was not known in the early stages and the issues were related to outdoor storage problems. Staff visited the site and noted that the garage should be inspected. After an inspection, it was noted that the garage should come down. The owner was not responsive and staff said the City would tear down the garage. Last week the property owner came in and pulled a permit to tear down the garage. Mayor Lund asked if there was a chance the property owner would wait until the last minute and ask for an extension. Mr. Hickok said he did not think this would happen, as the owner wants this resolved. FRIDLEY CITY COUNCIL MEETING OF JULY 23, 2007 PAGE 11 Councilmember Bolkcom asked if the garage was torn down by the end of August and they started building a new garage by November 1, if it could be completed by the end of November. Mr. Hickok answered yes. Councilmember Bolkcom asked if the public hearing should be continued to September rather than December in case the owner does not follow through as stated. If the public hearing is continued to December, they would be in the middle of winter and not able to complete the construction. Fritz Knaak, City Attorney, said that once the resolution is passed the owner has 20 days to respond, this starts the process to remove the garage and start the abatement process. If the public hearing were continued to a later date, it would start the 20 days at a later date. Councilmember Bolkcom recommended continuing the public hearing to September. This way if the garage was not down by August and the resolution was passed in September, action could be taken at that time. Councilmember Saefke asked if the building needed to be noted hazardous for safety reasons to keep people away and out of the building. Mr. Hickok answered that the building is in a fenced yard and guard dogs are in the fence to secure the site. Attorney Knaak confirmed that the City would not expose itself to additional liability by not securing the area. MOTION by Councilmember Varichak to continue the public hearing for the Resolution Ordering the Removal or Repair of a Hazardous Building Pursuant to Minnesota Statues, Section 463, Located within the City of Fridley, Minnesota, to September 10, 2007. Seconded by Councilmember Bolkcom. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. NEW BUSINESS: 9. Resolution Ordering Preliminary Plans, Specifications and Feasibility Report for Street Improvement Project No. ST. 2007-3 Layne Otteson, Assistant Public Works Director, presented information for Street Improvement Project No. ST. 2007-3 for the Quiet Zone. This would involve the railroad crossings at 77tn Avenue and Osborne Road. Federal law requires locomotive engineers to sound their horns upon approaching each road crossing. Federal rule states that the local jurisdiction can designate a quiet zone wherein the Federal Railroad Administration or its engineers cannot routinely sound their horns. FRIDLEY CITY COUNCIL MEETING OF JULY 23, 2007 PAGE 12 Mr. Otteson said that the number of trains has doubled in 15 years to about 60 trains per day. The Northstar Commuter Rail will add 12 to 18 more trains per day once it gets up and running in 2009. The City has received complaints and requests to do something about the horns at the railroad crossings at 77th Avenue and at Osborne Road. Mr. Otteson said that in 2006, Director of Public Safety Don Abbot initiated the process of administering a quiet zone in the City of Fridley. This is the only area that is not quiet between Minneapolis and Anoka. Resolution 2006-52 was approved on August 28, 2006, by the Council. It authorizes staff to proceed with the process of the quiet zone in the City of Fridley. Discussions and site meetings took place with BNSF, Anoka County, MnDOT, and the Federal Railroad Administration. BNSF plans to add a third railroad line sometime in the near future and we will be preparing for that in our design. Mr. Otteson said that quiet zones require the implementation or the construction of supplemental station measures that would enhance the safety in the absence of train horns. There are four different options and it was determined that the most cost effect option was outlined in Resolution 2006-52. Mr. Otteson said preliminary approval has been received from the Federal Railroad Administration, MnDOT and BNSF for the raised median option. Anoka County Highway is the road authority for Osborne Road and is in favor of the raised median option. 77th Avenue is a City street. Mr. Otteson said that concrete bay medians will be installed along with signage and striping on both sides as you approach the railroad. Medians will be 80 to 100 feet in length, 4 feet wide and 6 to 8 inches high. There are restricted driveway entrances and they may need to be redesigned or relocated to accommodate access and crossing protection. Staff is currently working with three property owners whose access is affected by the median. Mr. Otteson said that the cost estimate is in the ballpark of $65,000, which will be funded from the MSAS account and general funds. The tentative time period is this summer or fall to look at the final plan and engineering, go to Anoka County for plan review and approval and submit the final plan to the affected agencies. In the fall, they hope to start constructing the quiet zone. There is a required notification and 60-day comment period following completion. Councilmember Saefke asked who would pay for the maintenance on the road being it is a County-owned street. Don Abbot, Public Safety Director, said that the County does not contribute any finances to the maintenance of this street. Councilmember Bolkcom asked if they were confident that all would be complete in the fall of this year. FRIDLEY CITY COUNCIL MEETING OF JULY 23, 2007 PAGE 13 Mr. Otteson answered that the 60-day comment time would start after the construction of the quiet zone. The area can be inspected and people can physically look at the area and sign off on approval of the site. Councilmember Bolkcom was excited for this new quiet zone and that it was finally happening. Councilmember Barnette asked if Councilmember Bolkcom had any residents in her area that were against the quiet zone. Councilmember Bolkcom said that one resident used to work for the railroad and liked the sound of the horns. Another resident had safety issue concerns but it has been said that the quiet zone is actually safer than not having one. Councilmember Barnette asked if there would be issues with the businesses and redirecting traffic. Mr. Otteson said that they should be able to reroute the entries to the business so that it would be beneficial and work for the businesses. The businesses have been good to work with and open to ideas. Councilmember Barnette asked about a higher curb in the median and if there was an alternative to the multiple posts in the median. Mr. Otteson answered that anything higher than a 6" curb would be a safety hazard. Mayor Lund asked if there would be a hold up in the process if the businesses were not cooperative about rerouting their driveways. Chief Abbot said the businesses were excellent to work with and he did not think this would be an issue. MOTION by Councilmember Bolkcom to adopt Resolution No. 2007-34. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY. 2. Approve Tower Site Agreement between the City of Fridley and T-Mobile Central, LLC, for the Installation of Cellular Antennas on the Marion Hills Water Tower (Ward 1). Councilmember Bolkcom asked how many antennas fit on the tower. Layne Otteson, Assistant Public Works Director, answered nine. More than nine antennas would require an engineering analysis. It is not recommended to fit more than nine. FRIDLEY CITY COUNCIL MEETING OF JULY 23, 2007 PAGE 14 Councilmember Bolkcom asked if there were other towers similar to this one in the City. Mr. Otteson answered yes. Councilmember Bolkcom asked if there were any problems with other towers similar to this one. Scott Hickok, Community Development Director, answered no. Councilmember Bolkcom asked about the insurance statement mentioned in the agreement. Fritz Knaak, City Attorney, said that all insurances have a reciprocal insurance policy. Tenants would be covered for a loss under the City insurance. A reciprocal is key from the City due to damage that could occur to City property. Councilmember Bolkcom asked if the City would be liable for damage. Attorney Knaak said the primary concern would be the ease of a consistent source primarily in consideration of damage to City facilities. Councilmember Bolkcom asked about the 65 feet of concrete sidewalk and who would be responsible for maintenance of the sidewalk. Mr. Otteson said that the City would not plow or maintain the sidewalk T-Mobile would be responsible for this. Attorney Knaak said that this would be the responsibility of the tenant. Councilmember Bolkcom asked if T-Mobile would be installing a fence. Mr. Otteson said that no fence is planned at this time but this would give them permission to install one in the future if needed. Mr. Hickok said that this is permissive language consistent with other contracts and allows them to put a fence up if they would like. Councilmember Saefke asked if the address should be changed. Attorney Knaak said that the only thing that matters on the contract is the legal description of the property. Councilmember Saefke asked about the site plan and the location of the sidewalk. He was concerned where the snow would be stored when the lot is plowed. Mr. Otteson said that the snow plow operators would be aware of the sidewalk and it would be T-mobile's responsibility to maintain, shovel and/or fix the sidewalk. FRIDLEY CITY COUNCIL MEETING OF JULY 23, 2007 PAGE 15 Councilmember Saefke asked if any of the antennas would interfere with the Fridley data system. Mr. Otteson was not sure and would check and get back to the Council. Mr. Hickok said he was involved with the original discussion and the antennas are run on different band widths so the communication systems should not conflict with each other. Councilmember Saefke asked if staff had been in contact with the Water Department personnel. Mr. Hickok answered that at the time of the telecom act in 1996 and a City telecom moratorium and study in 1997, the Water Department helped determine sites that would be best suited for antennas. Councilmember Saefke asked if they met with all departments before the plans were drawn up to discuss any problems and collect pertinent information as to the best location of things such as the irrigation system. Mr. Otteson answered that the Public Works Department was involved and he would check with the Water Supervisor and can make adjustments to the plan as needed. Councilmember Bolkcom suggested tabling the lease agreement because a lot of important questions have come up that should be discussed further. Mayor Lund stated that the questions that were brought up would not change the terms of the lease. He said he would agree with the lease as long as Councilmember Saefke's questions were answered. Councilmember Barnette asked if there was a different location for the sidewalk and the purpose of the sidewalk. Councilmember Saefke said that the lot would be difficult to plow if the snow needed to be stored somewhere else. If there was an emergency to get in there and snow was in the way, it could be a problem. Councilmember Barnette stated that the sidewalk plowing of the snow would be T-Mobile's responsibility. Mr. Otteson said the sidewalk would be treated like the access to a driveway, and it would be T-Mobile's responsibility to move the snow. Councilmember Saefke asked if the building would fit inside the fence line or if it would go outside the fence. Mr. Otteson said the terminal is planned for inside the fence, but the City could consider keeping it outside the fenced area. These options could be discussed with T-Mobile. FRIDLEY CITY COUNCIL MEETING OF JULY 23, 2007 PAGE 16 Mayor Lund said he would be opposed to having the terminal inside of the fence and that it was important to secure public properties. William Burns, City Manager, went over the concerns of Council. The issues were the data system conflicting with Fridley's system, access to the building because of the snow, relocation of the sidewalk and issues with the Water Department. Councilmember Bolkcom said she did not see any urgency in this matter and that it could wait until the August 13 City Council meeting. MOTION by Councilmember Bolkcom to table approval of the Tower Site Agreement between the City of Fridley and T-Mobile Central, LLC, for the installation of Cellular Antennas on the Marion Hills Water Tower until August 13, 2007. Seconded by Councilmember Barnette. UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED UNANIMOUSLY 10. Informal Status Report. Councilmember Bolkcom said that National Night Out would be held on August 7, 2007. Dr. Burns stated that the City Newsletter went to the printer and should be arriving in the mailboxes the first week in August. ADJOURN: MOTION by Councilmember Barnette to adjourn. Seconded by Councilmember Varichak. UPON UNANIMOUS VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE MOTION CARRIED AND THE MEETING ADJOURNED AT 9:50 P.M. Respectfully submitted by, Krista J. Monsrud Scott J. Lund Recording Secretary Mayor