2020-12-09 CC WS, CC & Closed Exec. Meeting Minutes - Approved

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City of Centerville Council Meeting Minutes December 9, 2020 Attorney Glaser explained the changes in the old IUP and stated that the first change is to remove the old IUP, language regarding ingress and they have agreed to repair some damage to the streets and they have agreed. He stated that we have given them a year to remove all materials within a year and if completed no LOC is needed and we are providing them an incentive to complete on their own, but if they have not removed the materials after that an estimate will be made of the materials on site and a security requirement of $2/cubic yard and they will issue a LOC to the City. He stated that then they will have another full year to fully remove materials. He stated that if not fully removed by January 1 of 2023 the City will use there LOC and the City has a year to remove the material. They do have the ability to request an extension if it is economically necessary. Attorney Glaser stated that putting this much dirt on the site was not something that should have been allowed to begin, but with the agreement the City can control the operation and if there is a good economic reason to continue it operation that can be done also. He also reported that if the operator fails to comply, the City has the ability to make the site pad ready with the LOC. Council Member Montain asked when get into an agreement and understanding it. It is a business that is being restricted and that is not the property owner’s desire as it a very valuable piece of land and LOC are expensive. Their end result is to develop the property and not leave it. He stated that he desired to hear comments from the property owner however. Them leaving dirt is not a concern but understand City’s need to manage. For the most part we have been receiving money without providing services for the parcel. Council Member Koski stated he made comments earlier in the Work Session and the Planning & Zoning Commission heard a lot of discussion. He stated that Council’s responsibilities are to assist business but at the same time have to protect residents and City. He agrees that the Rehbein’s would like to sell the property but they are comfortable with agreement and the current use is non-conforming. He would like to see the Rehbein’s be successful and appreciate landowners and have something equitable for everyone. Council Member Lakso stated that see agrees with what is being said, but with passed issues and the City’s vision and recognizing property owner’s responsibility and rights. She felt if they agreed and she would like to hear from the property owner. Council Member Wilharber stated that he earlier disagreed with continuing the IUP and following listening to Council Member Koski’s right of the property owner I concur. Mayor Love stated that following meetings with the Rehbein’s and Mr. John Rausch he had gotten the impression that the Rehbein’s were good stewards of Centerville and their land rights. He stated that the City does have rules and regulations for types of businesses and where they are located. Mr. John Rausch stated that everybody’s incentives are in line and with the three deals north of Main Street (apartment, senior facility and Kwik Trip). Spent a lot of time and site plans. Mr. Gerald Rehbein and Mr. Gordy Rehbein do not want to run a dirt pit. What if the Rehbein’s walk away from the property but the property would not go tax forfeit as it would go to their heirs. He stated that if the market stays the same, this property will be sold shortly. Mr. Matthew Rehbein stated that his Dad will be 80 in January and his Uncle will be 72 and they want to take advantage of the monies that will be earned. He stated that the Rehbein’s will not be walking away from this property. He stated that Mr. Gerald Rehbein did not originally agree to the LOC but then did. Mayor Love thanked Misters John Rausch and Matthew Rehbein for their comments. Page 15 of 19