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Regular City Council Meeting Monday,March 25,2013 Page 20 Mr. Miller noted a revised Tower Lease Agreement,provided as a bench handout, with revisions to Section 38 as indicated from the original Agreement as final de- tails were reviewed. Mr. Miller advised that staff had been directed to continue working with Verizon on outstanding issues related to screening, trees, mulch and various landscaping elements; with Verizon continuing to address each of those elements to staff's satisfaction, and ultimately the City's resulting in submission of a revised Site Plan and the Tower Lease Agreement. Discussion ensued regarding whether the amount allowed for landscaping, having been increased from $3,000 to $5,000 would prove sufficient, with both Mr. Mil- ler and Mr. Brokke responding affirmatively. Councilmember McGehee noted her attendance at the Parks & Recreation Com- mission meeting, and the substantial discussion should St. Paul Water not formal- ly approve the north trail access, since it had not been memorialized to-date. If not approved for some reason, Councilmember McGehee cautioned that the lower trail would turn into a road, and she could not support that, opining that this was the most critical piece still pending. At the request of Mayor Roe, Mr. Miller provided a status update on staff's meet- ings with the St. Paul Water Board; and his expectation from those discussions that a formal agreement will be available in April or May of this year providing for permanent access for all users of the tower and pathway. Recognizing that the tower and pathway had been in place for a long time already, Mr. Miller empha- sized that the St. Paul Water Board had no interest in getting in the way of the City or other tower lessees and their use. Mr. Miller noted that the Board had provided a temporary access permit until that permanent agreement was in place; and things were delayed for any reason, Mr. Miller advised that they would simp- ly return to the Board seeking extension of that temporary permit or allowing time to take a more serious look at alternatives, with the southerly route obviously the most viable alternative. Mr. Miller noted the northerly route was preferred due to its flat terrain, and a lot of the discussion at the Parks & Recreation Commission was specific to implications for that; noting that other providers would also have similar issues, not just Verizon. At the request of Mayor Roe, Mr. Miller confirmed that other users did not have access agreements in place with St. Paul Water either; and reiterated that the Board was not interested in getting in the way of the access route. Mr. Miller provided a historical perspective, with all parties anticipating such a formal agreement was being drafted in 1997,but never followed through. As to whether the City Council should make their approval contingent upon that agreement being completed, Mr. Miller advised that it would be at the discretion of the City Council if they chose to do so. However, Mr. Miller noted that the agreement already had language in it that the City was obligated to provide access