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City of Centerville <br />Council Meeting Minutes <br />March 8, 2017 <br />Engineer Statz explained that the initial documentation that was submitted to RCWD in <br />2006 is now outdated and RCWD's procedures have been modified. He clarified that the <br />Programmatic Stormwater Management Facility Maintenance Agreement is for all <br />facilities within Centerville and the Maintenance Agreement Stormwater Management <br />Facilities agreement is for the five (5) acre parcel only. <br />Discussion ensued regarding whether the Council chose to approve the agreement for the <br />entire City, would it slow the process for Ruffridge Johnson. Engineer Statz replied no. <br />Administrator Ericson stated that he felt the City could work with Ruffridge Johnson <br />regarding all of their requests: Soils, their request for possible soil corrections, 30 <br />extension for the Due Diligence period, and guaranteeing the "Shovel Ready" <br />certification. City Attorney Glaser stated that DEED coined the term "Shovel Ready" <br />and certified the sites. City Attorney Glaser explained that it appears that Ruffridge <br />Johnson Equipment Company and the City/DEED have different interpretations of the <br />term "Shovel Ready". Attorney Glaser was very confident that the City met all <br />requirements of DEED and the certification process. <br />Engineer Statz felt that Ruffridge Johnson's letter contained very strong language <br />regarding the City paying for the site to be construction ready for their building which is <br />impossible when marketing for any buyer with construction plans differing. Engineer <br />Statz stated that originally the site contained three (3) parcels with building pads, soil <br />corrections, DEED certification, etc. The property was platted/recorded with two (2) lots <br />and one (1) outlot, a five (5) acre parcel and a two (2) acre parcel with Ruff idge Johnson <br />desiring to purchase the five (5) acre parcel. He explained that soil corrections were <br />made to the sites, soil borings were taken and the sites were certified. Engineer Statz <br />stated that these sites are not "foundation/cement ready" and do require construction <br />specific modifications. <br />Mr. John Chirhart, Gaughan Companies, the City's broker stated that DEED's "Shovel <br />Ready" programs were to stimulate growth and assist businesses purchasing property, but <br />did not remove all responsibilities of the buyer for site preparation and the City has not <br />been malus or misrepresentative with these parcels. <br />Lengthy discussion ensued regarding the term "Shovel Ready" and cost of site <br />preparation for Ruffridge Johnson's proposed building. Administrator Ericson will <br />schedule another meeting with staff and Arnt Construction regarding soils on the site, <br />DEED's interpretation of "Shovel Ready" and the request for the extension. <br />Attorney Glaser stated that Council had concern regarding the extension and Council <br />timing and he stated that the Council does have authority to discuss real estate <br />transactions in closed session. Mr. John Chirhart stated that he would forward his <br />recommendations to Attorney Glaser. <br />Motion by Council Member Love, seconded by Council Member Montain to <br />Approve Ruffridge Johnson's Request for a 30 Day Extension. <br />Page 4of10 <br />4 <br />