Council makes ordinance change, mulls cell tower contract

The Abbotsford City Council agreed to pass an ordinance that drastically increased fines for noise violations within the city. The ordinance was presented after Abbotsford residents wrote letters and appeared before the council at the council’s November 7 meeting to complain about a business that was playing loud music during the nighttime hours on First Street in Abbotsford.

The ordinance now states those violating the noise ordinance will be subject to a $100 fine for the first offense, $500 fine for the second offense and $1,000 for the third offense and all subsequent offenses within a five-year period. The ordinance also allows law enforcement to serve the property owner the fine instead of the offending party in order to discourage owners from renting the properties out to louder lessees. DJs, bands or other loud lessees of buildings could also be fined under the new ordinance.

If offending parties refused to pay the fine, City Administrator Josh Soyk said Police Chief Jason Bauer told him the department would be revoking the offending party’s driver’s license until the fine is paid.

“Well that should get the point across,” Alderman Sarah Diedrich said.

One alderman questioned if the new ordinance imposed stiff enough fines to prevent a disturbance like what happened on Nov. 5 from happening again.

“I would sure hope so,” City Administrator Josh Soyk said.

Mayor Jim Weix said he held a meeting with the property owner who was more than willing to cooperate with the city.

The council passed the new ordinance unanimously. The ordinance also provided some clarity on a city law that previously did not have any sort of fine amount attached to it. Abbotsford resident Suzanne Hopperdietzel was once again in attendance as she applauded the council’s diligence in ratcheting up noise complaint fines in the wake of a local business defying the old ordinance.

Hopperdietzel didn’t stop with praise. She told the council she had suggestions for making sure parties and other late night venues in the city are properly regulated to ensure the safety of those inside and outside of the establishment.

Cell tower

The Council discussed an ongoing back-and-forth with a potential lessee of the city’s cell tower. The tower is currently being leased until 2030 by Vertical Bridge and is making an annual profit on the site of $7,127 which is adjusted every five years to meet the current consumer price index standard.

Vertical Bridge denied to work out a contract extension with the city which has potentially opened up the opportunity for companies to express interest in the right to lease the tower after the contract expires. However, city attorney Lee Turonie of Dempsey Law stated it might not hurt to wait with extension or other contract talks until the current lease expires.

EIP Holdings II, LLC has expressed interest in drumming up an agreement with the city to take over the lease. The city sent the proposal over to Turonie who told the city the presented deal would not be beneficial to the city. The monetary benefit might make the deal look better, according to Turonie, but the language of the contract would make it a nightmare for the city to have over time. EIP was willing to give the city up to a $25,000 signing bonus as well as $20,000 per year until the current deal ends in 2030. After the lease is up, EIP would pay 50 percent of net rental revenues which are any rent minus any capital expenditures, operating expenses and property tax payments with a $30,000 minimum annually.

The financial gain for the city would be substantial compared to the current agreement, however, Turonie said the city is giving up discretion over management of the current lease.

There were a myriad of other clauses within the contract that would force the city to give up control of the land the cell tower sits on and even the right to control what cell services can build or use towers within the city limits.

Soyk said EPI has contacted him and said they would be willing to work with the city on the contract but Soyk and other council members agreed that the city would not want to pay lawyer fees for negotiations.

Soyk said he would tell EPI they could pay for the city’s legal fees and could work directly with Turonie on negotiating a contract that might work for both sides.

“If they are that confident that they can get a deal done with our attorney, then they should have no problem [paying the attorney fees for the city],” Soyk said.

Other business

n After the first round of donations for the Red Arrow Park concession stand, the city has pulled in $119,600. The city was hoping to get $120,000 in donations initially and are well on their way to that goal.

n Pastor Joe Bridger of 3:16 Church, formerly known as North Ridge Church, introduced the church’s new branding to the council.

n The council approved a 3.5 percent increase in wages for police chief Jason Bauer, Lieutenant Alex Bowman and secretary Jessica Weich.