2007-08-27 CC Packet Special�1
A�Ibcrtvillc
ALBERTVILLE CITY COUNCIL
AGENDA
AUGUST 27, 2007
7:00 PM
1. CALL TO ORDER — ROLL CALL — ADOPT AGENDA
2. PUBLIC HEARINGS
A. CSAH 19 South Improvement Assessment Hearing
B. Approve Resolution No. 2007-79 entitled a Resolution Adopting the CSAH 19 South
Improvement Assessment Roll
3. ADJOURNMENT
1
AFFIDAVIT OF POSTING
STATE OF MINNESOTA
SS.
COUNTY OF WRIGHT
Tracey Nubbe, being first duly sworn, says that on the 22nd day August 2007 Tracey posted the
documents as shown on the reverse side a true copy of each thereof at 3:20 p.m. at the Albertville
City Offices in the window, at the City of Albertville, County of Wright, State of Minnesota.
Subscribed and sworn to before me this O?day of _ 2007.
/� i / � I � � s�NNMNI�nnMn�MNWNNw►s
BRIDGET MARIE MILLER
Notary Publ Y NOTARY PUBLIC•MINNESOTA
My Commission Expires Jan. 31. M08
r
r
2
A1bcrtvillc
SMON TOUM Lhftm ft ON uh L
ALBERTVILLE CITY COUNCIL
AGENDA
AUGUST 27, 2007
7:00 PM
CALL TO ORDER — ROLL CALL — ADOPT AGENDA
2. PUBLIC HEARINGS
A. CSAH 19 South Improvement Assessment Hearing
1). Mayor opens the public hearing
2). Invites City Administrator Kruse to make opening comments and setting ground
rules
3). Mayor invites City Attorney Couri to give an overview of the assessment process
4). Mayor invites Assistant City Engineer Nafstad to give a presentation
5). Mayor calls for public comments and asks City Administrator Kruse to read off
names
6). Mayor closes the public hearing
7). Mayor calls for Council discussion
8). Mayor asks for Council to approve Resolution No. 2007-79 adopting the CSAH
19 South Improvement Assessment Roll and setting amount(s) to be assessed
3. ADJOURNMENT
r
R
W
a
5
w
Q
W W
N
N
m
O
N
n
a y
ro
N
rA
m
m
m
o
n
O
o
M
m
<O
64
M
N
v
a m
Q
"'
e,
;n
l0
v,
;
n
N
�,
n
a,
n
vi
z
z
w
� w
M
W
O
fA
O
f9
O
iA
O
(A
O
i9
O
E9
O
fA
O
49
O
(fl
O
V)
O
69
O
M
O
di
O
fA
O
to
O
10
O
Vf
N
z
z
W
ai
yW Q
F
N
N
N
N
N
M
M
M
N
v1
V
7
W
V1
N
Q
W
J
((�
O
n
n
O
W
i[1
m
N
n
0�
i{
to
m
N
-V
m
M
O)
0)
T
n
?
M
O
O
N
m
N
a a LL
N w U
V%
m
n
m
C14m
O
N
N
O
M
N
N
M
n
m
h
O
V
O
m
M
O
O
N
M
n
d
h
cl;
n
N
O
N
m
N
vLLI
M
m
m
Na
Q
O
(OD
M
V
N
N
N
Q
m
mN
uMi
n
n
N
Q z
=
v
m
m
W F F
z
a
¢
a
a
Q
a
a
a_
Q
a
a
O CY
Z
N
z
'�
'�
z
Z
z
Z
Z
Z
Z
a'
z
Z
Z
z
N
O
m
�
m
<
m
W b
N
<
m
Q
F
LL'
0
o
p
o
N
o
0
0
0
0
p
0
0
o
o
m
0
w
o
0
0
z
O
�
�
�
O
o
O
0
O
0
O
o
�y
m
O
o
O
o
pp
?
pp
M
O
o
O
0
O
0
O
O
M
0
nM
`!
J a f
W LitLL
^
<
m
m
p
m
1-V
1-m
_N
�?
u)
N
O
M
N
N
N
N
M
m
�
W
m
m
7
M
O
O
N
M
n
m
(Y
Q U)
N
IQ
0)
m
O
N
m
N
n
n
N
N
?
M
M
v
V
M
m
n
•-
a
0)
7
M
N
m
m
~
O
O
aNO.
0)
r
V
m
V
10
m
N
`t
7
m
M
O
0l
0
n
7
M
O
O
u
fA
N
J a U.
J W
n
m
N
O
N
r
m
j
M
m
N
N
O
M
N
N
M
m
N
m
O
V
V
M
O
IDM
N
n
Q (ji
Q
m
N
m
O
N
N
n
N
V
M
7
m
m
H Q fq
rj
O
N
V
[V
�
O
Q
m
N
N
N
n
N
•f
m
m
M
�
n
n
n
O
H
N
N
m
�
a~
z V
N
N
N
N
N
N
N
N
N
N
a
N
°b
m
N
ab
_
a
N
n
N
m
N
m
N
m
m
rb
cb
m
m
m
m
n
O r~i1
N T)
W
W
J
U
a
w
U
Zw
2
U
U
U
III
U
U
Z
J
J
0
J
U'
m
N
J
J
-�
Z_
t-
a
O
a
J
J
Z
J
Z
m
Q
o
W
F
W
H
t0
w
cn
t4
a
Z
O
J
w
U
¢
¢
w
°D
m
m
J
m
P:
W
m
U
:F
<
O
U
U)
Un
Q
m
U6
m
oa
F"
w
w
J
U
U
d
O
d
0
w
O
x
a
w
z
x
U
x
c�
z
J
(1
2
a
O
J
O
w
w
Q
w
d
a
w
0
U
H
w
�
w
QJ
w
�
QQ
J
J
d
O
�
w
w
°-
w
lw--
ZQ
_
w
J
J
>
icr
w
()
(�
N
U
w
J
LLI
J
Z-1.
co
n
W
J
Q
OQ
OQ
O
Z
>
>
iw
LL
U
x
Q
K
z
Z
W
m
W
m
U
J
J
Z
a
a
U
w
W
Jd
Z
rp
~
�
W
�
le
mNe
UO
Q
Q
w
w
=
0
M
O
O
N
O
N
O
M
O
N
N
N
N
O
N
O
J
W
p
o
M
0
.M-
0
0
N
O
o
O
0
O
0
O
0
O
o
O
O
O
o
O
0
N
0
O
0
O
0
O
0
V
N
O
O
O
O
m
m
m
m
O)
n
O
ONi
s
s
o
s
a
o
s
s
s
s
0.
o
s
p
o
s
o
o
N
M
Q
N
m
n
m
(A
O
N
M
7
m
n
O z
N
N
T
<
'm
W W
o
<
�
al
N
M
O
O
�
�
�
co
aD
O fq
O
n
N
Y
N
O W
S V)
mO
fA
N
v>
O
O
H
N
�
fM
fH
L
69
m
NN
M
G
°' <
6N
w
z
z
LLI
W
N
N
N
N
O
O
O
N
w
y H
o
0
0
0
0
0
m
o
69
0
Fn
0
`»
0
w
0
u9
0
ea
0
61f
0
rA
0
0
F»
U)W
w
y
to
Q
Q
J
F
F
z
O
w
cc
F
y W
W
y
fn
Q
W
J
a0 QQ
n
^
O
M
N
OmD
Nm
N
y W LL
U)OC Q U
aoo
m
m
mo
m
o
oo
m
m
rn
Q y
N
O
T
ao
fq
n
N
O
N
f7
N
m
N
<2
N
Q
Z
QQa
w
jE
W
d
z QLL LL f7]
O
d
z
d
zz
d
d
Q
d
d
d
d
Q
W
N O
z
z
Z
z
z
Z
z
m
<
W O
a
a m
W
U)
U)
W LL
Z
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
0
F
O
o
`
S
--------------
J
n
n
m(31
totm'J
N
m
Nm
Q
w w LL
�
m
(m0
N
ui
t0
00
m
co
v
•-
m
O
m
O
m
O
O
a0
a0
N
N
N
I+
_
co
mp
m
m
Q H
LL
n
O
n
m
m
m
t
N
O
a
m
�a0
g
N
o
S
00
0
n
N
N
m
Intl
m
N
N
c� F-
z0
Z d
N
r6
N
m
N
th
N
rL
N
m
N
m
N
N
m
N
N y
rb
coa
e
J
J
J
U
Z
J
J
J
}
LL
y
Z
Z
Z
Z
Z
d
U)
U)
ui
J
O
J
O
J
O
m
O
w
O
O
O
U
U
U
}
O
d
U
U
U
~
U
w
Z
w
w
w
z
3
z
z
g
z
z
g
J
h~-
w
cr
J
J
w
o
0
3
Z
0
0
0
o
J
b
vi
>
<
m
m
m
�
t� j
rU
LLJY
w
O
Z
d
d
d
d
U
d
U
Q
U
<co
¢
w
}
OD
ca
w
d
3
U
U
U
�
a
O
NCN
O
O
O
O
O
O
J
w
O
O
O
O
O
O
O
O
O
O
O
O
O
O
U
m
Q
O
O
N
IL
o
0
0
0
0
0
0
0
0
0
m
W
I-I
kd
1-1
N
N
H
N
N
N
O.'
O
Z
fQ
w
T
2
d
y
U
O
m
LL
0
0
z
d
S
F
U)
w
O
z
Z
W
X
W
Q
x
t-
tn
O
J
O
H
U)
J
a
Q
d m U
W LL LL LL LL
y (n U N to
to el O
W� 64 V) 49 ta
u u u u u
W W W W W
F N F H H
ASSESSMENT AREA MAP
August 15, 2007
•�
�`...�
�
�,.:
.
��
�
r
-' ..
t��
'ram
r
�
r-
T r
r
t
�
T
Ynii WM0.
•
-3
� zed,
r�W�►
t-
i � z
J cat' • �j ��'i�p�' y:
♦i,
(NOT TO SCALE)
R 2 = $0.3
It 4 _ $0.1
PC ftnn
CITY OF ALBERTVILLE
COUNTY OF WRIGHT
STATE OF MINNESOTA
RESOLUTION NO.2007-79
RESOLUTION ADOPTING ASSESSMENT FOR
CSAH 19 SOUTH IMPROVEMENTS
WHEREAS, pursuant to proper notice duly given as required by law, the Albertville City
Council has met and heard and passed upon all objections to the proposed assessment for
certain improvements to Wright County State Aid Highway No. 19 including the
installation of stoplights, turn lanes and the widening of the highway to four lanes;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF ALBERTVILLE, WRIGHT COUNTY, MINNESOTA:
1. Such proposed assessment, a copy of which is attached hereto and made a part hereof, is
hereby accepted and shall constitute the special assessment against the lands named therein,
and each tract of land therein included is hereby found to be benefited by the proposed
improvement in the amount of the assessment levied against it.
2. The assessment levied by this resolution shall be payable in equal annual principal
installments extending over a period of fifteen years, the first of the installments to be
payable on or before the first Monday of January, 2008, and shall bear interest at a rate of
6.1 % per annum from the date of this resolution until December 31, 2008. To each
subsequent installment when due shall be added interest for one year on all unpaid
installments.
3. The owner of any property so assessed may, at any time prior to the certification of the
assessment to the County Auditor, pay the whole of the assessment on such property, with
interest accrued to the date of payment, to the City Clerk, except that no interest shall be
charged if the entire assessment is paid within thirty (30) days from the adoption of this
Resolution; and he may, at any time thereafter, pay to the City Clerk the entire amount of
the assessment remaining unpaid, with interest accrued to December 31 of the year in which
such payment is made. Such payment must be made before November 15 or interest will be
charged through December 31 of the next succeeding year.
4. The Clerk shall forthwith transmit a certified duplicate of this assessment roll to the County
Auditor to be extended on the property tax lists of the County, and such assessment shall be
collected and paid over in the same manner as other taxes.
ADOPTED by the City Council this 27t' day of August 2007.
1
ASSESSMENT ROLL
(to be presented during the meeting)
ASSESSMENT ROLL
CSAII 19 IMPROVEMENT PROJECT
ALBERTVILLE, MST
27-Aug-07
PARCEL ID
OWNER NAME 1
ASSESSMENT
1
101092001030
ALBERTVILLE LLC
$18,599.63
2
101500013200
PSYK,DOUGLAS P & BEATRICE E
$210,506.96
3
101500013201
PSYK,DO0OLAS P & BEATRICE E
$7,874,00
4
101500013301
CROW 95 PROPERTIES INC
$191,634.40
5
101500122200
IND SCHOOL DIST 885
$130,136.90
6
101118001010
ALBERTVILLE MEDICAL BLDG LLC
$49,179.53
7
101118001020
ALBERTVILLE MEDICAL BLDG LLC
$6,138.85
8
101106001020
LLC,FINKEN PROPERTIES
$14,115.13
9
101106001010
LLC,FINKEN PROPERTIES
$61,111.23
10
101079005010
MAINSTREAM PROPERTIES LLC
$13,436.82
11
101111001010
T-SQUARE PROPERTIES LLC
$6,788.54
12
101111001020
HEURING,ROBERT C & CHRISTINE A
$12,224.40
13
101079000010
LEVER-MUNSTERTEIGER PROP INC
$175,850.91
14
101500024100
HEURING,LEANDER A &MONICA M
$41,180.24
PARCEL ID
OWNER NAME 1
ASSESSMENT
15
101092002010
CASCADE II LAND CO LLC
$2,670.15
16
101092001020
CWB ALBERTVILLE CROSSING LLC
$7,782.05
17
101092001010
CWB ALBERTVILLE CROSSING LLC
$7,187.33
18
101086001020
CWB ALBERTVILLE CROSSING LLC
$8,909.04
19
101086001030
CWB ALBERTVILLE CROSSING LLC
$2,777.44
20
101086001010
CWB ALBERTVILLE CROSSING LLC
$13,448.32
21
101115000020
CASCADE II LAND CO LLC
$9,282.91
22 1
101115001020
CASCADE II LAND CO LLC
$2,854.28
23
101115001010
CASCADE II LAND CO LLC
$3,232.32
24
101109001010
LAKE COMMUNITY BANK
$12,200.02
25
101076001010
CASEY'S RETAIL COMPANY
$5,380.65
26
101076001020
PREMIER DEVELOPMENT GROUP INC
$26,004.69
27
101500111100
WAYNE A & LORETTA J RAINS
$48,811.64
$1,089,318.35
August 21, 2007
City Clerk
City of Albertville
Albertville City Hall
5959 Main Avenue N.E.
Albertville, MN 55301
RE: PID# 10 111100 1020
Dear City Clerk:
Please be advised that we are the fee owners of the above property legally described as Lot 2,
Block 1, T Square Business Park, Wright County, Minnesota.
We have received the Notice of Hearing on Proposed Assessment advising us of the intention of
the City of Albertville to assess our property for the costs related to the installation of street, curb,
gutter, storm sewer, ponding and related municipal improvements to County State Aid Highway
No. 19 from 57' Street N.E. to the City's southern border.
We wish to object to the proposed assessment of our property for the aforementioned
improvements. Our property does not front Highway No. 19 and we feel the proposed
improvements do not confer any special benefit to our property and will not increase the market
value of our property but will merely add an additional burden to the property and make it more
difficult to sell or improve.
We believe the city has not made a qualified review to determine if there is any benefit to our
property resulting in an increase in market value and, even if there is an increase in market value,
if that increase in market value exceeds the amount of the proposed assessment to the property.
Minnesota Courts have held that a special assessment which exceeds the special benefit to the
property, measured by the difference in market value before and after the improvements, is a
taking of property without fair compensation in violation of the Fourteenth Amendment.
Boettner v. City of St. Cloud, 277 N.W. 2d 199 (Minn. 1979) and Southview Country Club v.
City of Inver Grove Heights, 263 N.W. 2d 385 (Minn. 1978).
Respectfully submitted,
;/U�r
Robert C. Heuring
5020 Jason Avenue
Albertville, MN 55301
istine A. Heuring
5020 Jason Avenue
Albertville, MN 5530
August 27, 2007
Mayor Ron Klecker
City of Albertville
5959 Main Avenue NE
PO Box 9
Albertville, MN 55301-0009
Councilmember Le Roy Berning
City of Albertville
5959 Main Avenue NE
PO Box 9
Albertville, MN 55301-0009
Councilmember John Vetsch
City of Albertville
5959 Main Avenue NE
PO Box 9
Albertville, MN 55301-0009
City Clerk Bridget Miller
City of Albertville
5959 Main Avenue NE
PO Box 9
Albertville, MN 55301-0009
Councilmember Tom Fay
City of Albertville
5959 Main Avenue NE
PO Box 9
Albertville, MN 55301-0009
Councilmember Dan Wagner
City of Albertville
5959 Main Avenue NE
PO Box 9
Albertville, MN 55301-0009
Re: Proposed Project Assessment — Parcel No. 101079000010
CSAH 19 Improvement Project
To be heard on August 27, 2007
Dear Sirs/Madam:
We are owners of the above referenced parcels of real property located in the City
of Albertville. We have received a notice of assessment hearing for an assessment of our
property for installation of street curb, gutter, storm sewer, ponding and related municipal
improvements to County State aid Highway No. 19 from 57t' Street NE to the City's
southern border (hereinafter, "CSAH 19 Improvement Project" or "Project."). We
understand that this matter is scheduled to be heard by the Albertville City Council on
Monday, August 27, 2007 at 7:00 p.m. As owners of the property we hereby object to the
proposed assessment for the following reasons:
50702. The proposed assessments violate the provisions of Minnesota Statutes
Chapter 429 including, without limitation, Sections 429.051 and 429.061.
50703. The proposed assessments constitute an unconstitutional taking of our
property without just compensation.
50704. The proposed assessments violate the owners' constitutional due process
and equal protection rights.
50705. The proposed project is for the general benefit of the City of Albertville
and others who will use the project and therefore there is no special benefit
to our property.
the future.
We formally request that these objections be accepted as part of the record before
the City Council on August 27, 2007 and that total assessments for our property be
reduced from those proposed to $0 for the reasons stated in this letter. In the alternative,
we ask that action on the assessment roll be tabled so City staff can meet with the
objectors and see if an acceptable compromise can be worked out for later vote by the
City Council. Please call me with any questions.
Inc.
BDM/ejh
Michael Leuer
President of Leuer-Munsterteiger Properties,
cc: Larry Kruse, City Administrator
Michael Couri, City Attorney
Bruce D. Malkerson, Attorney for Property Owner
City of Albertville
Mr. Larry Kruse, Administrator
August 27, 2007
VIA Hand Delivery
RE: Proposed Assessments, County State Aid Hwy 19 project.
Affected Parcels # 1011060010-10, and -20. Owned by Finken Properties, LLC
Dear Mr. Kruse,
Please allow this letter to serve as written notice of my objection to the proposed
assessment costs indicated in your letters of August 10, 2007, and therefore my intent to
appeal such assessments if levied by the City of Albertville.
My commercial development commonly known as The Shoppes at Prairie Run will not
benefit whatsoever from the proposed improvements.
The above parcels comprise a commercial -retail project developed by me over the last
few years. During the development process, I have already been assessed in excess of
$200,000.00 by the city for improvement requirements to develop my land. At the Plat
stage of the development process, I was forced to grant over 1.5 acres of land to Wright
County for the purpose of County Road 19 improvements and a walking path for the City
of Albertville. The market value of that "granted" land area easily exceeds $600,000.00.
I will receive no financial benefit from new improvements to Co Rd 19 or associated city
improvements now being completed; I have already paid assessments for infrastructure
required to develop Prairie Run; I have donated a significant land area at Albertville's
request, and Wright County/Albertville removed access to my property from Co Rd 19
during "the 11 "' hour" of the development process.
I have enjoyed working with the City of Albertville in the past. Based on the facts
indicated above, I am certain that you will determine any assessment against my property
for the County Road 19 improvements will be unfair and unjustifiable and ask that you
remove my land from the assessment role. Please contact me if you have any questions.
aiey,
ro erties, LLC
Tom Finken
August 22, 2007
Ms. Bridget Miller
Albertville City Clerk
City of Albertville
5959 Main Avenue
PO Box 9
Albertville, MN 55301
HAND DELIVERED 8-22-07
SUBJECT: PROPOSED ASSESSMENT — CSAH 19 HIGHWAY IMPROVEMENTS
Dear Ms. Miller:
We the undersigned owners of property identified as PID # 101500024100 hereby object
to the proposed assessment of our property as set forth in your Notice of Hearing on
Proposed Assessment dated August 10, 2007. This objection is based primarily on the
premise that our property receives little or no benefit whatsoever from the improvements
being constructed with this road improvement project.
Please include this hand delivered notice of objection to the official record at the Public
Hearing to be conducted on Monday, August 27, 2007
Respectfully,
Leander A. Heuring, Owner
NMnilc`aM�Heu�ring, Owner
August 20, 2007
City of Albertville
City Hall
Albertville, MN
Hand Delivered
I hereby object to the assessment of my property ( PID 101500013201) as set forth in your "Notice of
Hearing of Proposed Assessment" dated August 10, 2007.
Douglas Psy
Beatrice Psyk d'
August 20, 2007
City of Albertville
City Hall
Albertville, MN
Hand Delivered
I hereby object to the assessment of my property ( PID 101500013200) as set forth in your "Notice of
Hearing of Proposed Assessment' dated August 10, 2007.
Douglas Psyk
Beatrice Psyk