2024-08-28 CC WS & Meeting Minutes - Approved

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City of Centerville City Council Work Session & Meeting Minutes August 28, 2024 not feel that it was properly installed. Administrator Statz stated that he did inspect the rip-rap that was installed by Mr. DeFoe and felt that it was properly installed. He also shared this with the property owners that were asking for reimbursement and Administrator Statz declined their request. Administrator Statz stated that those homeowners did remove the plantings prior to removing the rip-rap but the plantings were not established and thriving in the areas of discussion. Administrator Statz stated that reimbursement is only for the plantings and not labor associated with the installation. Administrator Statz stated that there were only two inspections ensuring planting establishment when there were to be five inspections. He stated that last week he met with Mr. DeFoe and his landscaper on site and walked the area of question. Mr. DeFoe stated that even his landscaper stated that it was rather odd that all plantings, but the three locations in question, failed. Administrator Statz stated that there was to be five inspections. Mr. DeFoe stated that the landscaper was on site numerous times, and was very familiar with the plantings. Administrator Statz stated that Mr. DeFoe was asked numerous times and it went back two years to provide evidence that he had a contract with someone to complete the follow-up work and on several occasions, we requested Mr. DeFoe to simply have something sent from Hein’s nursery stating that they were under contract to complete spot spraying and spot weeding and we never received anything like that. Administrator Statz stated that there were four trees planted in the area of the docks and clearly that area is not conducive to planting trees so they will be planted in a different area of the development along with two dead trees that will be replaced. Administrator Statz stated that Alex’s Landscaping has been contracted to take care of these items. Mr. DeFoe stated that his landscaper has stated that the two that are dead have been killed by the Grounds keepers and the homeowner’s responsibility. He stated that the development has more trees than what was called for as property owners have installed their own trees. Mr. DeFoe stated that the four trees could replace the two dead trees. Mr. DeFoe stated that he was a first- time developer so staff had to deal with that, many times he came to them with questions and he appreciated their help. Administrator Statz stated that the trees are passed the warranty period that he had with the landscaper and the project is not finished and we are looking at the plan stating is this in place. He stated that the way to avoid all of that would have been to have it completed in 2020, literally four years ago when it was supposed to be all done. Administrator Statz stated that when you looked at the root cause of all of the issues, it had been four years past when it should have been completed. He added that the further you drag things out, the longer it is to get things done. Mayor Love stated that he would address the issues one at a time (Check #36960): A check in the amount of $8,5067.50 to the homeowner’s association for things not completed. Discussion ensued regarding the plan, no counterproposal(s), tradeoff of relaxation of standards and the public with the zoning code, standing firm of public standards, the area near the dock was not protected wetland, plan not being followed and floodplain mitigation area/flood fringe area. Mayor Love called for a recess of five minutes at 7:35 p.m. stating that the Council would reconvene at 7:40 p.m. Mayor Love reconvened the meeting at 7:40 p.m. Additional discussion took place regarding the Bayview Villas Closeout including, checks and balances that did not happen, grading plan versus landscape plan is just a plan and things do not always work out, the amount of money for something that you cannot do anything with, confusion, COVID, awarding Page 7 of 10