2022-08-10 CC Packet - Laserfiche WebLink

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City of Centerville Council Meeting Minutes June 8, 2022 $80,000 is for mitigation only. Mr. Glaser stated that the sound study has been paid for. A lengthy discussion ensue as to the noise and noise study and how it was going to be curtained. Mr. Glaser Î page 13 Î He stated that this was a simple but important change called indemnity. It states that Amazon will take care of the City if they cause trouble or the development causes trouble. He stated that neither of the lawyers like the way this language read. He stated that there are two types of ways that the court can make someone better Î force somebody else to pay money and they can do another thing called equity (restraining order or order them to do something). What the City is asking Amazon to do is to indemnify the City and hold us harmless to anything they might do from and against and such claims at law or equity. If money makes us whole or a restraining order make us whole it benefits both parties and takes care of our needs. Mr. Glaser stated that there was other major change that both parties asked to have a different Maintenance Agreement that they wrote into the DeveloperÓs Agreement that is mutually beneficial thing for example: Amazon wanted to build a private sewer in the CityÓs right of way. They havenÓt finished designing or built the project yet. What the agreed too is that both parties agreed to what they call the Maintenance Agreement. For example: the City has a lift station in a corner of the Amazon property, we are agreeing as long as they let us stay there, we will maintain it because it is the CityÓs. If they want to put in a private sewer in the CityÓs right of way and it works out on the engineering side, we let them do it. TheyÓll agree they will maintain it. Administrator Statz stated that this parts out what belong to who and who will maintain it. They have 12 fire hydrant and private infrastructure which would be there responsibility. Mayor Love asked Administrator Statz if our infrastructure robust enough to handle this. Administrator Statz stated yes. He stated that on all of the water systems there is a shut off valve. He stated that the sewer is a little more difficult because there is not a shut of valve. You could put an inflatable ball to stop the sewer but this would most like not happen unless the building was abandon or if there was a chemical spill. Administrator Statz stated that the only bits of infrastructure they would need to get at would be the storm water system. We are responsible for that. ThatÓs why we have easements and they are responsible to maintain the storm water like property owners. Motion by Council Member Lakso, seconded by Council Member King to Approve the Res. #22-0XX and including the two additional printed amendments part a and part b to the Resolution #22-0XX which was provided at council table as stated by the City Attorney. Mayor Love, Council Members Koski, Lakso and King Yay, Council Member Mosher Nay. Motion carries 4-1. b. Maintenance Agreement between Rice Creek Watershed District and City 4. Resolution #22-0XX Î Ordering the Feasibility Report for the 2022 Thin Overlay and City Hall Parking Lot Improvements Administrator Statz stated that this was a formality that we authorized the engineer proposal last council meeting for the Feasibility Study. He neglected to put in there the formal resolution authorizing for the preparation of ordering the Feasibility Reporting. This is an important step in the 429 process. The Engineer will come back at next council meeting with that Feasibility Report. Page 5 of 10