2008-02-25 Letter Potential Dev
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February 25, 2008
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Larry Kruse, Albertville City Administrator
Adam Nafstad, Albertville Ass't.City Engineer
Mike Couri, Albertville City Attorney
Al Brixius, Albertville City Planner
Bridget Miller, Albertville City Clerk
Ron Klecker, John Vetsch, LeRoy Berning, Tom Fay, Dan Wagner, City Council
Re: Potential development of the Wellerson (Niemeyer) property at 10172 CR 37.
This letter is to confirm what we heard and said at the meeting that followed the
February 19,2008 City Council meeting to discuss the potential development of the
Niemeyer property on County Road 37.
Before I outline our issues:
I want to repeat again that we are not asking for a new road. We have Kadler Ave. as our
access road. Any road on the Niemeyer property would not benefit us. I have verified
with the County that they do not close roads and have no plans to close Kadler Ave.
We are not asking the City to extend services to our land. We farm our acreage and have
no need for sewer and water.
Weare very concerned this development will add to the interference of the water
drainage from our property.
Drainage:
We stated again to the whole committee that we were very concerned the drainage from
our land through the Niemeyer property be fixed so we do not continue to experience
flooding onto our land. (The swale that was created is not adequate). Over the years, this
drainage issue has caused us to sometimes be unable to harvest our hay in a timely
manner and reduced our production.
We have provided letters to the Council and Assistant Engineer that outline the previous
City Engineer's acknowledgement of the drainage problems that were created by the dirt
that was brought in illegally to the ''Niemeyer'' property. The City did not follow up at
that time and I am concerned this issue will not be monitored as the Niemeyer land is
developed.
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At the February 19th discussion on this development, Mr. Niemeyer stated he had met
with his excavator the day before and was planning on bringing his land back to the
original elevations (prior to the dirt being hauled in).
The Niemeyer plans currently indicate that he is creating two outlots he will resell. One
of these would be where the current drain area is located. The City needs to assure us
that water will flow properly from our land. I would like to do a detailed review of the
grading and drainage plan once it is drawn up.
The Niemeyer engineer stated that he plans to place the curbed edge of the road on our
property line and that will take care of the drainage issues. I am not convinced. It seems
that if anything, the water from the Niemeyer property ( which is now raised due to the
illegal dirt fill) will run to the cul de sac and flow onto our property.
With the current plan, snow plowed from the road will end up on our hayfield. This will
cause damage to the hay and will result in additional water on my property when the
snow melts. Another reason the Niemeyer road needs to be moved further to the east.
Road Access:
During both the January 7th and February 19th Council meetings, my husband and I both
stated our desire that the development on the Niemeyer property not impact us. I also
made this point very clear when I met with Larry Kruse, in December, 2007.
However, during the February 19th discussion, I see that the new Niemeyer road is still
being shown to infringe on our land. The Niemeyer engineer stated that he plans to have
the curb of the road to be on the property line. This results in the public right of ways
associated with the road to be on our land.
I have consulted my attorney on this matter and have been reassured that the Niemeyer
road and its right of ways should not infringe upon our property. The placement of the
road needs to move far enough to the east so the road and its associated right of ways are
totally contained on the Niemeyer property.
I want the City to make sure this change is made to the Niemeyer plans immediately.
There should be no further approvals or forwarding of the existing plans.
Copies of a corrected concept plan showing the eastward location of the road to be totally
on the Niemeyer property need to be provided to us prior to any other actions by the City
to move this project forward. Please let us know when we can expect a corrected plan.
I want to have my attorney review the utxlated plans. as soon as possible.
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Facilities:
As I stated earlier, at this time, we are not requesting extension of City services to our
land. I am concerned that we will be charged for the expense to bring services to the
Niemeyer property. If you look at all the usable land in the three parcels north of County
37, you will see that we have the most build able land. Hence, we could end up being
allocated the majority of the expenses associated with the extension of services to that
area. I look forward to more education on how the City plans to extend these services
and what alternatives are available to shield us from these costs.
Public notice:
Normal protocol is for the City to notify in writing all adjacent landowners of a potential
planned development and to have a public meeting to gather their input. I am not aware
that this has occurred, as yet. The owner of the property east of the Niemeyer land and
those across 37 should have an opportunity to voice their opinion on this project while it
is still in the concept phase.
Please provide dates and times of future planned meetings on this issue. This should
include an estimate of when this project might go to the Planning board.
Sincerely,
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Ellen Miller
Ron Miller
Colleen Riley
cc: J. Kuhar, attorney