Agenda Packets - 2008/12/08 - Laserfiche WebLink

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Mounds View City Council October 13, 2008 Regular Meeting Page 7 MOTION/SECOND: Marty/Mueller. To Waive the Reading and Adopt Ordinance 815, an 1 Ordinance Amending Sect. 702.01, Subd 13 Relating to Crimes Against Public Safety and 2 Health. 3 4 Council Member Flaherty said that he had a BB gun as a kid and had a lot of fun with it. 5 However, he realizes that times are different than they used to be. Mayor Marty indicated in the 6 past that vandals had driven through the city shooting car and house windows with BB guns and 7 now in the future, we can prosecute for such offenses. 8 9 ROLL CALL: Hull/Stigney/Mueller/Flaherty/Marty 10 11 Ayes – 5 Nays – 0 Motion carried. 12 13 H. Resolution 7333 Approving Lease Agreement Amendment #3 with 14 Verizon Wireless for the Installation of a Generator at the Water Tower 15 Site. 16 17 Clerk Administrator Ericson explained the requested lease amendment to install a generator to 18 serve their facility adjacent to the water tower. The generator has been installed but the gas line 19 has not. Clerk Administrator Ericson indicated that there is a letter from the attorney for Verizon 20 regarding the City’s request for compensation for use of City property. The letter indicates that 21 there are regulations for requiring a generator backup to allow communications to continue in an 22 emergency situation. Verizon is not willing to provide any compensation for use of City property 23 as they view this as a simple gas line running to a facility much like with a gas line to a 24 residential property. 25 26 Clerk Administrator Ericson clarified a previous statement made, in that the City Attorney agrees 27 that it would not be typical for a city to ask for compensation in this circumstance, however, it is 28 entirely reasonable to do so. 29 30 MOTION/SECOND: Mueller/Hull. To Waive the Reading and Approve Resolution 7333 31 Approving Lease Agreement #3 with Verizon Wireless for the Installation of a Generator at the 32 Water Tower Site. 33 34 Council Member Stigney indicated that the FCC requires generator power and he feels that 35 Verizon should pay something for the use of City property to run a gas line and for restoration of 36 the easement area. 37 38 Tammy Bernard, representing Verizon, indicated that they can meet FCC requirements by using 39 battery backup, but the FCC prefers a gas line to the generator for longer term backup. 40 41 Council Member Stigney said that he feels that the City should be paid for the use of the right of 42 way. 43 44