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2007-08-27 CC Minutes Special ~ A.J1?.~!'!iJl~ ALBERTVILLE CITY COUNCIL CSAH 19 South Improvement Special Assessment Hearing August 27,2007 Albertville City Hall 7:00 PM PRESENT: Mayor Ron Klecker, Council members John Vetsch, LeRoy Berning, Dan Wagner, and Tom Fay, City Attorney Mike Couri, Assistant City Engineer Adam Nafstad, City Administrator Larry Kruse, and City Clerk Bridget Miller Mayor Klecker called the CSAH 19 Special Assessment Hearing to order at 7:00 p.m. PUBLIC HEARINGS tSAH 19 SOUTH IMPROVEMENT ASSESSMENT HEARING - ApPROVE RESOLUTION No. 2007-79 ENTITLED A RESOLUTION ADOPTING THE CSAH 19 SOUTH IMPROVEMENT ASSESSMENT ROLL IN THE AMOUNT OF $1.061.425.99 Mayor Klecker opened the CSAH 19 South Improvement Assessment Hearing at 7:06 p.m. Mayor Klecker gave brief information to the members in the audience on how the meeting will proceed. Following the instructions, Klecker turned it over to City Administrator Kruse. City Administrator Kruse began by introducing the members of the Council and staff to those in audience. Following the introductions, Kruse gave a summary as to the purpose ofthe meeting, which was to approve an assessment roll for the CSAH 19 South Improvement Project. The project was initiated by Wright County who asked for support from the City of Albertville to proceed. The cost for the project is approximately $4.7 M. Kruse then explained how the meeting will be run tonight that City Attorney Couri will review the Minnesota State Statute Chapter 429 Assessment process. Then we will hear from Assistant City Engineer Nafstad reviewing the CSAH 19 South Improvement Project. Following the presentation from Nafstad, City Administrator Kruse will read off the names of those individuals that signed up to speak on the issue. Kruse will note who is up to speak and who is on deck or next to speak. Council and staff will allow the individuals, who signed up, an opportunity to speak once, before allowing the individuals a second chance. Kruse turned it over to Couri to report on the Chapter 429 Assessment process. M:\Public Data\City Council\Council Minutes\2007 Minutes\M 08-27-07 CSAH 19 Asmnt Final.doc City of Albertville Special Assessment Hearing CSAH 19 South Improvement City Council Minutes August 27,2007 Page 2 of5 City Attorney Couri briefly explained the process of Minnesota State Statute Chapter 429 Assessment procedures to the audience. Pursuit to Mn State Statute Chapter 429, there were meetings held to discuss whether to go forward with the improvement. At the Monday, February 5, 2007 regular City Council meeting, the Council held an Improvement Hearing for the CSAH 19 South Improvement Project. At the meeting, the Council approved Resolution No. 2007-09 entitled a Resolution Accepting the Feasibility Study. At the February 20, 2007 regular City Council meeting, the Council adopted the Wright County - City of Albertville CSAH 19 Improvement Project Agreement dated February 16,2007. At the two meetings held in February, the Council listened to citizen's and business owner's concerns as to whether to proceed with the project or not, which the Council approved to support Wright County to go forward with the CSAH 19 South Improvement Project. If you want to appeal the assessment, it needs to be in written form received prior to the end of the assessment hearing. Couri then turned it over to the Assistant City Engineer. Assistant City Engineer Nafstad reported briefly on the history or background of the project. Wright County initiated the project, which is located within the Albertville city limits. The reason for the project was based on traffic, roadway, CSAH 19 and 50th StreetlCSAH 18 intersection, pedestrian trails/crossings, facilities and utilities were in need of improvement. Improvements that are underway are the roadway, signalized traffic lights at the intersection of CSAH 19 and 50th Street NE/CSAH 18, pedestrian trails, lighting and landscaping, and utility lines that were placed underground. The City has the obligation of participating in the cost of the improvement. The cost associated with the project is approximately $4.7 M. The portion Albertville is responsible for is about 31 % of the total costs with the road improvement. The amount being assessed is about 68% of Albertville portion of the total cost. Council and staff have had a number of meetings discussing who should be assessed and how much should be assessed to the benefited property. Council brought up the suggestion of implementing a five (5) Tier Assessment. To ensure a fair value is assessed to the property, Council directed staffto consult with an appraisal firm to appraise seven (7) selected properties. Nagell Appraisal Consultants conducted an appraisal of seven (7) areas to identify the amount of benefit received from the CSAH 19 South Improvement project. Nafstad brought to the Council's attention the 67 foot strip on parcel 14 was not re-zoned B-2. It was left in the R-1 single-family zoning district. At this point, City Administrator Kruse began reading off the names of the individuals that wanted to express their concerns regarding the assessment hearing. Mitch Duncombe with Can-west Management was the representative of a number of property owners along the affected CSAH 19 South corridor. Duncombe noted that just because this is the way it was done in the past, does not mean this is the way to continue to do business in the future. M:\Public Data\City Council\Council Minutes\2007 Minutes\M 08-27-07 CSAH 19 Asmnt Final.doc City of Albertville Special Assessment Hearing CSAH 19 South Improvement City Council Minutes August 27,2007 Page 3 of5 Thomas Finken of5262 Kyler Avenue NE reviewed the assessment appraisals. Finken informed the Council he is part of the Shoppes at Prairie Run. When the Shoppes at Prairie Run was platted he gave right-of-way plus the full access to his property from CSAH 19. Now he is expected to give additional either right-of-way along with being assessed for the improvement. Mr. Finken informed the Council he presented his objection in written form prior to the assessment hearing. Rick Heuring informed the Council he was representing his parents Leander and Monica Heuring who reside at 5447 LaBeaux Avenue NE. Rick asked for clarification on the main reason for the improvement if it was for the traffic or other. Mr. Heuring agreed that the improvement was a good decision, but did not feel it is a current benefit to Leander and Monica Heuring. Mr. and Mrs. Heuring gave up the right-of-way, the ability to make a left turn from their residence, plus four (4) mature trees on their property. Prior to the meeting, Rick Heuring presented written notice to the City Clerk objecting to the assessment. Doug Psyk of 5446 LaBeaux Avenue NE stated that he agreed with Rick Heuring's comments that the improvement was a good decision, but did not agree with the current benefit it will bring to his property. Mrs. Psyk presented to the City Clerk two (2) written objection letters for their property along the CSAH 19 corridor. . Wayne Rains of 4953 LaBeaux Avenue NE informed the Council the construction of the CSAH 19 Improvement has not benefited his property. Mr. Rains shared with the Council that he is no longer able to make a left hand turn. He is only allowed to make a right hand turn when he leaves his property, then needs to figure out how to get turned around to head north on CSAH 19. If he is traveling south of CSAH 19, again he has to drive past his home to get turned around so that he can make a right turn into his property. The improvement has caused a considerable amount of hardship on his ability to commute around the city. Ralph Munsterteiger expressed disagreement with the 35ct per square foot assessment. Munsterteiger commented that when development occurs on his property, the City would require some form of access to the abutting property to the west of his along CSAH 19. When Leuer- Munsterteiger developed the Heuring Meadows Addition, they asked to re-zone the strip near CSAH 19, which was not approved. Munsterteiger presented to the Council, City Administrator, and City Clerk written notification objecting to the assessment. Robert Heuring of 5020 Jason Avenue NE shared his points on the assessment. Mr. Heuring objected to the assessment because he did not see any benefit to his property. Heuring did not feel there was an increase in market value that would benefit his property with the improvement. Robert Jossart representing the Albertville-St. Michael Medical Clinic wanted the Council to consider this a city-wide project. Rather than assessing the properties along the improvement corridor, the entire city should be assessed. M:\Public Data\City Council\Council Minutes\2007 Minutes\M 08-27-07 CSAH 19 Asmnt Final.doc City of Albertville Special Assessment Hearing CSAH 19 South Improvement City Council Minutes August 27, 2007 Page 4 of5 Mike Leuer agreed with Mr. Jossart's comment that this is a city-wide project. The entire city plus abutting cities will benefit from the improvement. Mr. Leuer encouraged the Council to realize what potential hardship is being placed on the abutting property owners. He brought to the Council's attention the amount of wetland on his property; therefore, leaving very little land available to develop. Mr. Leuer presented written notification objecting to the assessment. Nafstad responded to Mr. Leuer noting there is a fair amount of wetland on parcel number 4, and it is unknown as to how the land will be developed. There is the possibility to delineate the wetlands. Psyk brought up that parcel number 2 could be developed similar to the southwest comer. It is most likely that LaCentre Avenue NE will continue south into parcel number 2. Mr. Rains asked how his property can benefit if it were re-developed, because the access to CSAH 19 has become very difficult to utilize. Mitch Duncombe inquired how much would be assessed if the City applied the cost to the city as a whole. City Attorney Couri commented that it would be somewhat difficult to calculate the assessment for the entire city. Gordon Duncombe of 4414 MacIver Avenue NE stated that it appears that parcels 10, 8, and 9 are incorrectly calculated amounts of proposed assessments. Chris Heuring of5020 Jason Avenue NE felt that the improvement should be assessed to the entire city. Yes, it is an improvement that needs to be implemented. What Ms. Heuring noted, is how many ofthe 16,000 cars that travel CSAH 19 are coming from Otsego, St. Michael or as far out as Wayzata. This is why it should be assessed throughout the entire City of Albertville. Mayor Klecker asked the Council if they had any concerns or questions regarding the CASH 19 South Improvement Assessment Hearing. Council members Vetsch and Berning made a recommendation for staff to re-calculate the assessment amounts. Mayor Klecker suggested re-calculating parcels 3, 14, and 27 as a Tier 2. Fay noted parcels 2,4, 13, and 14 could be re-evaluated. The assumption ofthese parcels is that the front portion is abutting CSAH 19 and the back portion does not. Berning directed staffto re-calculate so that the City would bear about 50% of the improvement costs and 50% would be allocated to the property owners. M:\Public Data\City Council\Council Minutes\2007 Minutes\M 08-27-07 CSAH 19 Asmnt Final.doc City of Albertville Special Assessment Hearing CSAH 19 South Improvement City Council Minutes August 27, 2007 Page 5 of5 Mayor Klecker closed the CASH 19 South Improvement Assessment Hearing at 8:48 p.m. MOTION BY Council member Vetsch, seconded by Council member Fay to direct staff to re- calculate the assessment roll so that the City would bear about 50% of the improvement costs and 50% would be allocated to the property owners, calculating parcel number 27 as a Tier 2; following the re-evaluation and calculation, present the amended assessment roll to the Council at the Tuesday, September 4,2007 regular City Council meeting for Dotential approval of Resolution No. 2007-78 entitled a Resolution Adopting the CSAH 19 South Improvement Assessment Roll amending the amount to be assessed. Motion carried unanimously. ADJOURNMENT MOTION BY Council member Berning, seconded by Council member Vetsch to adjourn the special assessment hearing at 9:01 p.m. Motion carried unanimously. R o LA-- 72:_J~/~ Ron Klecker, Mayor ~~ ,Y\~'U~. Bridget Miller, City Clerk M:\Public Data\City Council\Council Minutes\2007 Minutes\M 08-27-07 CSAH 19 Asmnt Final.doc Albertville City Council August 27, 2007 Special Assessment Hearing Public Attendance Record Page 1 PRINT Name o Jane Doe 1 ""'~ \,-l~' \':) ....."'-LO'.... Oe Address Speak on the Issue 10 ",. de 11 12 13 14 15 16 AI 17 2 1325 Any Street NE yes 3 4 L~~r 1-\~I' R~k \k,^n' c.. C\..M.. - Vu <: ~' 4- iI'-'\. (;, Wl/-. t/~ )' 5 6 7 8 9 'cj So 2{) ?"t!-l1 ~\..\ 1 ~a~K ~ LA~~v~ ~ '1e~ :.5?(~ C-p A/} ,Gt.7; t:j.. '::> -'/ Y t; Ldll3;4- ["/X' '{ '1. " -' V\.? ~nL\ L rue j) L i) M:\Public Data\City Council\2007 Public Hearing Special Attendance,doc