2024-09-11 CC Packet - Laserfiche WebLink

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City of Centerville City Council Work Session & Meeting Minutes August 28, 2024 the Homeowners Association. Administrator Statz stated that there was a planting strip along the lake with rip-rap, tree replacement in areas, and the outlot area. Attorney Glaser reported that there were a succession of warnings given out over a number of years to the developer. He stated that it was important to hand this over to the residents in a completed state. Mr. Richard DeFoe, 7400 Forest Lane, Lino Lakes, MN, (Developer, Bayview Villas) addressed the Council stated that he had a grading plan that was approved with a holding pond/wetland and the landscaping plan which differed along with a letter from the City Administrator and that the letter states that the area will not sustain turf or trees and that he felt that the requirement was unfair and something that could not be met. He felt that the dollar amount placed on this item was outrageous as dirt was taken from the site originally. Mr. DeFoe stated that when he first bought the property, there was asphalt in the area which would always flood. He also stated that he had a bid that was no where near what is being asked for and he did not understand why the City should give the homeowners association any money for this. Administrator Statz asked if this was a letter addressed to Mr. DeFoe or someone else. Mr. DeFoe stated that it was address to Mr. Ken Zerling and copied to him. Administrator Statz stated that he was inquiring in the letter if it was acceptable to the Homeowners Association that the proposed park was incomplete and not him acquiescing stating that Mr. DeFoe that it was acceptable to leave the cattails but rather asking whether it was an acceptable solution to Mr. Zerling. Mr. Zerling has been very clear that cattails were unacceptable and that the area should be turf along with amenities as required. Administrator Statz that he wanted to ensure that the characterization of the letter was accurate and that the letter was to Mr. Zerling. Mr. DeFoe stated that was not how he understood the letter. Mr. DeFoe stated that the letter was sent subsequent to a meeting where Mr. Statz stated that the grading plan superseded the landscape plan. Mr. DeFoe address the rip-rap issue stating that the plan shows into lot 3 and follow recommendations from the DNR. He stated that the DNR says you can not place rip-rap where there is no need for it. He also stated that the area is flat. He stated that he hired a hydrologist, during COVID and that he paid over $20,000 and was fined for the installation. He stated that both the building and homeowner were aware of the location of the rip-rap as it was placed prior to their purchases. He stated that the DNR does not like rip-rap and they would prefer weeds/plantings, the rip-rap was placed and he received a letter from Administrator Statz stating he had received the information needed and thought, that either the rip-rap be removed and you pay the individual to remove it or you can leave the rip-rap and obtain an after-the-fact DNR permit and a Wetland Impact Permit and purchase credits. He stated that he did not believe he should pay for anything more. Administrator Statz stated that the installed rip-rap by Mr. DeFoe was from lot 9 to lot 4 where there was a slope is where it stopped. Administrator Statz stated that either Mr. DeFoe felt or the contractor felt that it should end there due to the slope. Administrator Statz stated that the plan called for lot 3 to also have rip-rap. The property owners of lot 3 stated that they were aware that rip-rap was shown on a plan and they and lot 2 installed rip-rap after several years. Administrator Statz stated that Mr. DeFoe was fined and did need to buy wetland credits for lots 2 and 3 (for all of them). Mr. DeFoe stated that he was informed verbally and via email by Administrator Statz, that if there was evidence that the plantings were established they would not need to be paid for, but three homeowners tore up the rip-rap and plantings and redid them without being inspected and now I am to pay for them where as all other plants are wonderful. Mr. DeFoe provided Council with a letter from his landscape contractor stating that the native plantings along the lakeside properties above the rip-rap look well established and are thriving the way they should be at this point, with the exception of a few lots where they pulled everything out to re-do the rip-rap and replant it. He stated that he felt that it seems odd that those three lots did not have the same established and thriving plants as others. Administrator Statz stated that this involves lots 6, 7, and 8. Council Member Sweeney asked why the homeowners tore up the rip-rap. Administrator Statz stated that they just did not like the way the rip-rap looked and they did Page 6 of 10