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2023-02-08 CC WS, Closed Exec. & Meeting - Approved
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2023-02-08 CC WS, Closed Exec. & Meeting - Approved
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City of Centerville <br />City Council Meeting Minutes <br />February 8, 2023 <br /> <br /> <br />Administrator Statz reviewed the original proposal and documentation previously submitted regarding <br />the markets for recyclables and recent contract agreements with local communities. He stated that most <br />residents have the 64 gallon trash/garbage container. <br /> <br />Ms. Mathiasen stated that Republic Services offers additional recycling containers for no fee as they <br />would like to see as much recycling diverted from the landfill as possible. She explained that if residents <br />desired for an additional container, they could contact Republic Services directly. She stated that if <br />residents recycle more, the benefits would be the ability to decrease their garbage/trash container size <br />and recycling is not taxable as garbage services are. She also stated that any time Council had a question <br />to please contact her. <br /> <br />Mayor Love thanked Ms. Mathiasen for Republic Services’ partnership over the past five (5) years. <br /> <br />Consensus of the Council was to extend the existing contract for three (3) years rather than going out for <br />Requests for Proposals due to the presented revised proposals being fiscally responsible. <br /> <br />4. Park Dedication Fee Appeal – Curtis Ventures, LLC <br /> <br />Administrator Statz gave a brief overview of the request for refund of Park Dedication fees paid by Curtis <br />Ventures, LLC on 2070 Main Street. <br /> <br />Mr. Mark Thieroff, Esq. appeared before Council on behalf of Curtis Ventures, LLC and stated that he <br />and City Attorney Glaser have differing opinions regarding who is responsible for providing the City <br />with dedication of land for park purposes or to accept a cash payment in lieu of dedication. He stated <br />that State Statute 462.358 requires the subdivision “Applicant” to provide this and not a buyer. <br /> <br />Attorney Glaser briefly reviewed the memorandum addressing the item in Council’s packet and stated <br />that in the 1980’s the property was subdivided and the “Applicant” did not pay until a building permit <br />was issued which is allowed by law and has been the City’s practice with many developments. He stated <br />that the parcel was undeveloped at that time. He stated that state law encourages cities to impose Park <br />Dedication fees subdividing the property but cities are free to set their own standards for imposing and <br />collecting the fees. He also stated that traditionally the city allowed the part subdividing property to <br />either transfer that fee to other parties or wait until the time of issuance of a building permit for collection. <br />He reported that the city was appropriate to impose the fee of $5,850.75 = $2,175/acre. <br /> <br />Discussion ensued regarding general practices of the city regarding the item, an argument of no building <br />being constructed on the lot, other areas where fees are charged on the building permit rather than at the <br />time of subdivision, due diligence of the buyer at time of purchase, the possibility of recouping the fee <br />from the previous land owner, Curtis Venture, LLC’s purchase was not from the subdivider, but rather <br />the owner, discussion of the fee differences over time from $750 to $2,175/acre, negotiation of something <br />less than $5,850.75, etc. <br /> <br />Council thanked Mr. Lucas Wiborg, Curtis Ventures, LLC and Mr. Thieroff for their appearance. <br /> <br /> <br /> <br />Page 2 of 8 <br /> <br /> <br />
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