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MINUTES <br />CITY COUNCIL <br />JULY 9,2014 <br />been received. It was further noted that the parcels involved have <br />different ownership entities. Mr. Frattalone indicated that he is the owner <br />of each of these entities. The City Attorney indicated that a different <br />signature line will be added to the agreement for each entity. <br />The Council began a review of each point raised by Mr. Frattalone's <br />attorney. With regard to the attorney's suggestion that the last sentence in <br />Paragraph 16 be deleted, the Council's consensus was to delete the phrase <br />"and with any such additional instructions it receives from the City" from <br />that last sentence. The Council was agreeable to the change to Paragraph <br />18 changing the size pipe to 1 '/4 inch. The Council agreed to the change <br />in Paragraph 19, stating a $.20 per ton reduction rather than 20% from the <br />gate rate. <br />With regard to Paragraph 25 and recommendation by Frattalone's attorney <br />is that the second to the last sentence be changed to read "...site grades at <br />least two feet and not more than six feet above adjacent road <br />elevations...". This change replaces four feet with the six feet. Frattalone <br />indicated that when the property is redeveloped, it is necessary to have <br />more flexibility with regard to elevations due to the high water table. He <br />noted that a loading dock is four feet high and this would not allow for <br />drainage without the addition of two feet of grade. He pointed out that <br />any redevelopment project will require SWPP plans as well as ponding, <br />and indicated that the additional two feet in elevation is needed. The <br />Council was in agreement with this change. <br />The City Administrator noted that Frattalone's attorney is recommending <br />Paragraph 27 refer to "reasonable" costs. The Administrator and City <br />Attorney felt that addition was acceptable as all costs that the City might <br />incur would be what was necessary and would be incurred based on a <br />common sense approach. The Council's consensus was to add the work <br />"reasonable". <br />With regard to Paragraph 30, Frattalone's attorney is recommending that <br />the first sentence refer to "material" terms of the Agreement. The City <br />Administrator noted that the City would consider all terms of the <br />Agreement as "material". Council agreed and the consensus was to not <br />add the word "material" to this sentence. Frattalone's attorney is also <br />asking for a definition of "City" Frattalone expressed concern that "City" <br />might refer to any City employee or City consultant. Ile was concerned in <br />the event that a City employee might act in an unreasonable manner and <br />could determine a violation of the terms of the Agreement. There was <br />consideration discussion of this point, with the City Administrator and the <br />City Attorney noting that the ultimate decision of a violation would be at <br />the City Council level, and that no one staff person would have the ability <br />2 <br />