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Mounds View City Council January 25, 2010 <br />Regular Meeting Page 8 <br /> <br />$21,000 per year (market rate consistent with other tower leases), and an additional $1,800 per 1 <br />year per antenna for additional antennas above the initial configuration. Clear Wire agreed to 2 <br />this proposal on January 15, 2010. Finance Director Beer referenced the redline copy of the lease 3 <br />agreement and City Attorney’s comments. 4 <br /> 5 <br />Council Member Gunn asked what would be installed in the fenced area and amount of advanced 6 <br />notice for entry. Finance Director Beer stated it would be an equipment cabinet to provide high-7 <br />speed wireless internet technology to the City’s residents. 8 <br /> 9 <br />Finance Director Beer answered questions of Council Member Mueller regarding adequate notice 10 <br />during business hours to gain access to the water tower, the City being fully covered for 11 <br />indemnity should there be an injury or equipment failure resulting in damages, and that Clear 12 <br />Wire cannot terminate the agreement until the end of the lease. He explained that if Clear Wire 13 <br />filed bankruptcy, there would be a Judge’s order to be current in payments to the City. Council 14 <br />Member Mueller noted the contract requires that the signal will not interfere in any way with 15 <br />public safety communications or the Police Department and should there be interference, they 16 <br />can be shut down in a matter of hours. Finance Director Beer stated that is correct. 17 <br /> 18 <br />Council Member Stigney thanked Finance Director Beer for his work to negotiate this contract. 19 <br />He referenced the Robert Voss communication noting this is an unusual installation and should 20 <br />be reviewed by the appropriate official before signing the agreement. Finance Director Beer 21 <br />clarified it is not an unusual installation. 22 <br /> 23 <br />Mayor Flaherty asked where the $21,000 lease payment would be deposited. Finance Director 24 <br />Beer stated it would go into the water fund, as with other antenna leases. 25 <br /> 26 <br />Mayor Flaherty noted Clear Wire is to provide a schematic before the City approves the lease. 27 <br />Finance Director Beer stated that language has been modified so Clear Wire will sign and submit 28 <br />an executed lease agreement along with their plan for the City’s signature. 29 <br /> 30 <br />City Attorney Sonsalla stated the documentation is sufficient and recommended City staff review 31 <br />the equipment plans and specifications prior to execution by the City. 32 <br /> 33 <br />Finance Director Beer answered questions of Council Member Mueller regarding the service 34 <br />light and rod detail for lightening strikes. He stated Clear Wire is aware the City will be 35 <br />refurbishing the water tower and will be required to remove their antennas while the tower is 36 <br />being painted. 37 <br /> 38 <br />MOTION/SECOND: Gunn/Hull. To Waive the Reading and Adopt Resolution 7564, 39 <br />Authorizing a Water Tower and Ground Space Lease with Clear Wireless, LLC, subject to 40 <br />review of the plans and specifications by City staff and/or consultants. 41 <br /> 42 <br /> Ayes – 5 Nays – 0 Motion carried. 43 <br /> 44 <br />E. Resolution 7567, Approving the Hire of Greggory Neumann as Mounds View 45