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January 28, 2014 Page 4 of 7 6. Consideration of a Special Use Permit and a Second Amendment to Tower Lease Agreement for Verizon Wireless LLC to allow installation of telecommunications antenna on top of the City water tower located at 700 Silver Lake Road. Report No. 14-028. Resolution No. 14-015, 7. Consideration of Second Amendment to Joint Powers Agreement with City of St. Paul for Wireless Network and Support Services. Report No. 14- 029. Motion by Councilmember Bauman, seconded by Councilmember Jacobsen to approve the Consent Agenda as presented. Councilmember Bauman appreciated the generous donations for the Santa Cop program. 5 Ayes, 0 Nays - Motion Carried Public Hearing None Council Business 1. Consideration of an Interim Ordinance protecting the planning process and the health, safety and welfare of the residents of the City, placing a moratorium on new development on certain property in the City of New Brighton formerly used as railroad right of way. Report No. 14-030. Ordinance No. 820. Acting City Manager Jacobson explained Planning Coordinator Janice Gundlach would be presenting this item to the Council. Gundlach reported Belair Excavating (2200 Old Highway 8 NW) recently acquired at least 20 acres of land from the United States Government, which was being used exclusively for railroad purposes. Much of this land is directly adjacent to Belair's current operations at 2200 Old Highway 8 NW, and per City staff discussions with Mike and Mark Murlowski of Belair, the intention is to eventually expand Belair's operations onto this vacant land. Belair staff has inquired about the land use processes that would be necessary in order to expand their operations. Because this land has never been zoned on the official New Brighton Zoning Map, nor guided in the New Brighton Comprehensive Plan, much uncertainty exist with regard to how the property can be developed and staff has snuggled to properly advise Belair on zoning matters. After discussion with the City Attorney, it was determined that it is necessary to take a more proactive approach by further studying what appropriate amendments may be necessary to the City's Comprehensive Plan and zoning code to ensure protection of the public health, safety and welfare. Staff reviewed a proposed interim ordinance that would prohibit a landowner from submitting a land use application until the City has concluded its research, along with the proposed approval timeline. She recommended the Council approve the interim Ordinance enacting a moratorium on the development of 4 parcels described within the Ordinance effective until July 23, 2014. Mike Murlowski, Belair Excavating, commented he was taken aback by the moratorium notice when he received it last Friday. He appreciated the time staff took to further explain the situation and he supported the proposed interim Ordinance. He discussed how the property would have to be graded and capped due to the existing landfill. He commented the grading plan was being reviewed by the Rice Creek Watershed at this time. He reported the grading would have to be completed no matter how the site was zoned in the future. He then discussed the VIC program in further detail. 6, SUP & 2'u Amendment Tower Lease Agr. for Verizon Wireless LLC. Report No. 14-028. Resolution No. 14-015. 7.2'' Am & JPA w/ St. Paul WinelessNetwork& Support services. ReportNo.14 -029 Public Hearing None Council Business 1. Consideration of an Interim Ordinance protecting the planning process and the health, safety and welfare of the residents of the City, placing a moratorium on new development on certain property in the City of New Brighton formerly used as railroad right of way. ReportNo.14-030. Ordinance No. 820.