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City of Centerville <br />Council Meeting Minutes <br />May 27, 2020 <br /> <br />Motion by Council Member Wilharber, seconded by Council Member Koski to Approve The <br />Consent Agenda 1, 2, 3, 5, 8 & ( as Presented. A roll-call vote was taken. Mayor Love and <br />Council Members Koski, Lakso, Montain & Wilharber voted in favor. Motion carried. <br /> <br />Council Member Montain stated that he appreciated the riders and the back history which was <br />included in the packet as he requested. He stated that he had concerns that in areas of the agreement <br />regarding damages and holding harmless. He stated that he felt that the agreement was too one- <br />sided and that no matter what, nothing was the property owners fault even if they backed into our <br />equipment. <br /> <br />Attorney Glaser stated that they are attempting to cover themselves as the equipment placed on <br />their property is not their’s and they do not want to be held accountable/liable. He stated that all <br />three (3) entities has been accommodating and willing to work with the City, he did not believe <br />that language could not be modified to incorporate their negligence versus the City’s. It was <br />requested that Attorney Glaser discuss with St. Paul Regional Water if damages were self-inflicted <br />it would be their responsibility. Attorney Glaser stated that he would continue discussions with <br />them. <br /> <br />Motion by Council Member Montain, seconded by Council Member Koski to Table the <br />th <br />Agreement with St. Paul Regional Water (7 Amendment) Until There is a Modification to <br />the Hold Harmless Language. A roll-call vote was taken. Mayor Love and Council Members <br />Koski, Lakso, Montain & Wilharber voted in favor. Motion carried. <br /> <br />Council Member Montain thanked Administrator Statz for reaching out to Rice Creek Watershed <br />District regarding their procedures to allowing and maintaining such a structure in a stormwater <br />pond. Council Member Montain stated that he did not have an issue with the encroachment <br />agreement. Administrator Statz again stated that it is in the City’s best interest to monitor the <br />water quality, equipment horsepower, etc. and stated that it is a requirement of the City and <br />RCWD. <br /> <br />Motion by Council Member Montain, seconded by Council Member Koski to Approve <br />Constent Agenda Item #6 as Presented. <br /> <br />Mayor Love stated that he desired to share publicly that there were several fountains in a <br />stormwater pond in the rear of his property and that he would be submitting for agreements as <br />well. He stated that the fountains do require maintenance once or twice a month but aid in the <br />quality of the water and smell. <br /> <br />A roll-call vote was taken. Mayor Love and Council Members Koski, Lakso, Montain & <br />Wilharber voted in favor. Motion carried. <br /> <br />Administrator Statz stated that he requested that Consent Agenda, Item #7 be pulled from the <br />Agenda as it has been discovered that there is a shared driveway easement on the site and <br />discussions for its location have not been negotiated fully by the property owners. He reported <br />that the site plan will need to reflect the appropriate location. He stated that the abutting property <br />owner has concerns regarding drainage and vehicle delivery accommodations. <br /> <br />Page 5 of 11 <br /> <br /> <br />