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2024-08-28 CC WS & Meeting Minutes - Approved
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2024-08-28 CC WS & Meeting Minutes - Approved
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City of Centerville <br />City Council Work Session & Meeting Minutes <br />August 28, 2024 <br />to the Homeowners Association. Administrator Statz stated that there was a planting strip along the lake <br />with rip-rap, tree replacement in areas, and the outlot area. <br /> <br />Attorney Glaser reported that there were a succession of warnings given out over a number of years to the <br />developer. He stated that it was important to hand this over to the residents in a completed state. <br /> <br />Mr. Richard DeFoe, 7400 Forest Lane, Lino Lakes, MN, (Developer, Bayview Villas) addressed the <br />Council stated that he had a grading plan that was approved with a holding pond/wetland and the <br />landscaping plan which differed along with a letter from the City Administrator and that the letter states <br />that the area will not sustain turf or trees and that he felt that the requirement was unfair and something <br />that could not be met. He felt that the dollar amount placed on this item was outrageous as dirt was taken <br />from the site originally. Mr. DeFoe stated that when he first bought the property, there was asphalt in the <br />area which would always flood. He also stated that he had a bid that was no where near what is being <br />asked for and he did not understand why the City should give the homeowners association any money for <br />this. Administrator Statz asked if this was a letter addressed to Mr. DeFoe or someone else. Mr. DeFoe <br />stated that it was address to Mr. Ken Zerling and copied to him. Administrator Statz stated that he was <br />inquiring in the letter if it was acceptable to the Homeowners Association that the proposed park was <br />incomplete and not him acquiescing stating that Mr. DeFoe that it was acceptable to leave the cattails but <br />rather asking whether it was an acceptable solution to Mr. Zerling. Mr. Zerling has been very clear that <br />cattails were unacceptable and that the area should be turf along with amenities as required. Administrator <br />Statz that he wanted to ensure that the characterization of the letter was accurate and that the letter was to <br />Mr. Zerling. Mr. DeFoe stated that was not how he understood the letter. Mr. DeFoe stated that the letter <br />was sent subsequent to a meeting where Mr. Statz stated that the grading plan superseded the landscape <br />plan. Mr. DeFoe address the rip-rap issue stating that the plan shows into lot 3 and follow <br />recommendations from the DNR. He stated that the DNR says you can not place rip-rap where there is <br />no need for it. He also stated that the area is flat. He stated that he hired a hydrologist, during COVID <br />and that he paid over $20,000 and was fined for the installation. He stated that both the building and <br />homeowner were aware of the location of the rip-rap as it was placed prior to their purchases. He stated <br />that the DNR does not like rip-rap and they would prefer weeds/plantings, the rip-rap was placed and he <br />received a letter from Administrator Statz stating he had received the information needed and thought, <br />that either the rip-rap be removed and you pay the individual to remove it or you can leave the rip-rap and <br />obtain an after-the-fact DNR permit and a Wetland Impact Permit and purchase credits. He stated that he <br />did not believe he should pay for anything more. Administrator Statz stated that the installed rip-rap by <br />Mr. DeFoe was from lot 9 to lot 4 where there was a slope is where it stopped. Administrator Statz stated <br />that either Mr. DeFoe felt or the contractor felt that it should end there due to the slope. Administrator <br />Statz stated that the plan called for lot 3 to also have rip-rap. The property owners of lot 3 stated that they <br />were aware that rip-rap was shown on a plan and they and lot 2 installed rip-rap after several years. <br />Administrator Statz stated that Mr. DeFoe was fined and did need to buy wetland credits for lots 2 and 3 <br />(for all of them). Mr. DeFoe stated that he was informed verbally and via email by Administrator Statz, <br />that if there was evidence that the plantings were established they would not need to be paid for, but three <br />homeowners tore up the rip-rap and plantings and redid them without being inspected and now I am to <br />pay for them where as all other plants are wonderful. Mr. DeFoe provided Council with a letter from his <br />landscape contractor stating that the native plantings along the lakeside properties above the rip-rap look <br />well established and are thriving the way they should be at this point, with the exception of a few lots <br />where they pulled everything out to re-do the rip-rap and replant it. He stated that he felt that it seems odd <br />that those three lots did not have the same established and thriving plants as others. Administrator Statz <br />stated that this involves lots 6, 7, and 8. Council Member Sweeney asked why the homeowners tore up <br />the rip-rap. Administrator Statz stated that they just did not like the way the rip-rap looked and they did <br />Page 6 of 10 <br /> <br /> <br />
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