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