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CC_Minutes_2012_0723
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8/21/2012 1:42:07 PM
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Roseville City Council
Document Type
Council Minutes
Meeting Date
7/23/2012
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Regular City Council Meeting AND <br /> Board of Adjustments and Appeals <br /> Monday,July 23, 2012 <br /> Page 48 <br /> Mayor Roe noted that, if the motion passed, it would be staff's responsibility to <br /> change the language of the Development Agreement as applicable. <br /> Roll Call <br /> Ayes: McGehee. <br /> Nays: Pust; Johnson; Willmus; and Roe. <br /> Motion failed. <br /> Councilmember Pust thanked staff for ensuring that there was no parking along <br /> roadways, anticipating future problems and concerns that would e heard from <br /> the community(Development Agreement, Page 8, Lines 211-213). <br /> Development Agreement,Page 9, Subparagraph P(Costs),Line 341 <br /> At the request of Councilmember Pust, Mr. Trudgeon noted the mechanism for <br /> billable costs through an escrow account tracking staff hours for planning, prep- <br /> aration of materials, meeting times, various discussions, and other tracking to <br /> the greatest extent possible. <br /> Councilmember Pust suggested that in other areas of the Development Agree- <br /> ment (e.g. twice on page 10, line388 and page 11, line 433), Wal-Mart was to <br /> reimburse the City for costs to enforce the agreement, including all reasonable <br /> attorney fees. Councilmember Pust noted that this provision provided various <br /> options if people didn't play by the rules, and suggested that attorney fees <br /> would be included if there was a need for the City to bring legal action in the fu- <br /> ture. <br /> Pust moved, Johnson seconded,Page 9 of the Development Agreement be re- <br /> vised at lines 355-360 to include in the indemnification clause that it be speci- <br /> fied "including reasonable attorney fees." <br /> Roll Call <br /> Ayes: McGehee; Pust; Johnson; Willmus; and Roe. <br /> Nays: None. <br /> Willmus moved, Johnson seconded, adoption of Resolution No. 10995 (At- <br /> tachment G) entitled, "A Resolution Approving the Twin Lakes Second Addi- <br /> tion Plat and Associated Development Agreement(PF-12-001);" as amended as <br /> above-referenced. <br /> Councilmember Willmus spoke in support of the motion, with the realization <br /> that while Wal-Mart may not be what he had ultimately envisioned on that par- <br /> cel, it was compliant with the City's Zoning Code and Comprehensive Plan. <br />
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