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1880�,MainStreet,CenterviC(g NLN55038 651-429-3232 or rFtix 651-429-8629 tery November 9, 2018 Planning and Zoning Commission 1880 Main Street Centerville, MN 55038 Dear Chair and Commissioners: As you are aware, several months ago, Alex's Lawn and Turf, LLC submitted an application for a revision to their Conditional Use Permit. The current permit allows "Alex's Lawn and Turf, LLC to operate a landscaping business..." at 7087 20th Ave. South. The application requested a change to their CUP to allow additional bins and the retail sale of landscaping materials to its customers. At two previous meetings, the planning commission listened to both the business and neighbors, to gather their input, in an attempt to find some common ground which would balance business needs and noise issues in the adjacent neighborhood. Unfortunately, we have received a letter from Alex's legal representation effectively ending any negotiations. The letter states that, under the state's "60-day rule", their application has been accepted, due to the inaction of the city. After reviewing this situation with our attorney, we have determined that the best path forward is to accept that their application has been approved and work with Alex's and their representation to further clarify what that means going forward. The goal is to have a clear, mutual understanding of expectations for the operation of their business. One of the items being discussed during negotiations was having Alex's no longer occupy the western half of the city's water tower property, as they currently do under a rental agreement. City staff believes that this may help mitigate some of the noise. Therefore, we would like to pursue the cancelation of that rental agreement. Additionally, the city will pursue the construction of a fence along the city's property line around the tower. Again, we believe this can help mitigate noise issues. 49