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

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City of Centerville Council Meeting Minutes December 9, 2020 The commission did take comment from the public, but comments were minimal and expressed varying opinions. Attorney Glaser spoke about the economic incentive built in to the IUP with the LOC and mentioned that the landowner is in agreement with the terms of the proposed terms. Council Member Koski, liaison to the Planning and Zoning Commission said that a lot of good discussion took place and for the most part all agreed with LOC requirements. It was noted that there were comments made regarding whether the city should be telling property owners what they can do with property. Mr. Koski also questioned whether the $200,000 would be enough to move the material off the site. Administrator Statz stated that the intent would be to simply level the material out, so the costs would be much less than hauling it out. Council Member Lakso thought there was fair enough notice built into the IUP and was happy that it addresses the important issues. Administrator Statz said the intent was to develop the land into industrial uses similar to Distribution Alternatives in Lino Lakes. United Properties held an option on the land, but it had expired. Council Member Lakso was comfortable with the recommendation. Council Member Wilharber asked whether there were any complaints regarding the dirt pile. Administrator Statz stated that for the most part no, but when complaints are received, the Rehbein’s are very responsive to requests, such as to clean streets, fix erosion control, etc. Mr. Wilharber further asked about any issues with the watershed. Mr. Statz stated that several years ago the original IUP contained language requiring the submittal of a Storm Water Management Plan (SWMP). After some discussions with the Rehbein’s on this issue, they requested an opinion from the Minnesota Pollution Control Agency (MPCA). The MPCA decided since the dirt operation was not an active construction site and was not one of their identified industrial uses which required a permit, no SWMP was needed. For the next IUP, specific erosion control measures were incorporated, without requiring a SWMP. Nothing about their operation is regulated through the watershed, again because it is not an active construction site or development. Council Member Wilharber said this issue has been going on way, way back and as Council Member Lakso said, we may have missed chances for development due to the pile being there. He stated that he would not likely be in favor of extending and would probably be voting against. Mayor Love would like to have the property developed but understood that it is not the city’s role to push someone into development. However, the Black Dirt business is not allowed under city code and an IUP with limited duration has been a fair compromise. The issue as he sees it is that we do not have a practical way to shut them down and remove the pile if they do not comply with the permit terms. He felt the LOC solution was the best way to do that. Council Member Koski noted that the commission reviewed some minor IUP violations that had largely been addressed already, but will be correcting the remaining items in the spring. Discussion ensued regarding the property being valued at $3/sq. and about 7 million worth total. Administrator Statz said it was not likely to go tax forfeit, however, if the market crashed on industrial land and when you have Forest Lake giving away similar land for $1 it seems prudent to be protected in a worst-case scenario. Council Member Koski asked if we are collecting for hauling dirt out of the site. Administrator Statz stated that the city collected roughly $10,000 - $15,000/year. Mr. Koski struggles with the idea of pushing a business out, but would love to see Page 2 of 19