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10-29-07 CCI T E lye 3_ 7 PUBLIC HEARING ON PROPOSED ASSESSMENT FOR CSAH 42 ROADWAY, DRAINAGE AND STORM SEWER IMPROVEMENTS MONDAY, OCTOBER 29, 2007 7 PM, OTSEGO CITY HALL Roll Call: Mayor Larry Fournier; Counciimembers: Vern Heidner, Jessica Stodcamp, and Tom Darkenwaid arrived at 7:10 PM. Absent: CM Mark Thorsted Staff: Mike Robertson, City Administrator; Judy Hudson, City ClerWZoning Administrator; Ron Wagner, City Engineer; Andy MacArthur, City Attorney; Gary Groen, Finance Director and Joe Pelawa, Associate City Engineer. 2. QW AUMM Andy MacArthur eqplained the purpose and process of the Public Hearing. 1 Hudson aftesbedthat all the proper n• 1 cI • publishing • posting . s • • I It 4. Public Comments I{ s Mayor Fournier opened the Public Hearing for public comments at 7:21 PM. Ted Remmer, 90th Street, we do want the development on our property and surrounding us and would like to see future development They feel their ascent of $56,000 is too high and would like to see it recalculated based on just the commercial portion of their property. He submitted his written letter of objection appealing the assessment Tim Niebling, 9CP Street, was not happy with the wording of deferred until rezoning and wants to make sure the City Council could not rezone it on their own and activate the assessrnent CM Heldner read Item No. 2 stating "certain assessmerrts are hereby adopted as deferred which shall not be activated until such time as the property in question is rezoned, at the request of the properly owner, for further development of the property". Mr. Neiibling thanked him. Ron Touc hette, ring CLC, asked when does the interest start Mr. MacArthur said the interest starts accruing when the assessment roll is adopted. Mr. Touchette asked if they could have Interest be deferred also. Mr. MacArthur explained that State Statutes require interest accrued. Mr. Wagner said the as--sment with the Church building on it is not deferred but the Oudot the Church owns is deferred until improved. Public Hearing October 29, 2007. Page 2. Steve Smith, Crag Enterprises, mini storage on 85"' Street, this assessment will be hard for them to pay. He said they are already assessed for 0' Street. Mr. Robertson said their previous assessment was for 85"' Street and Mr. MacArthur explained Great River Centre also has an assessment for 85th Street. Chas Kolles, 90"' Street, asked why properties south of 85"' Street arent assessed. Mr. Wagner said because that portion of CSAH 42 hasnt been improved. When those properties are developed most likely the road will be expanded and they will be assessed. The City hasnt received any requests for development for this area. Mr. Kolles asked does Target have a building permit? Mr. Robertson said yes and the City has the plans and they can be reviewed any time. 5. Close the Public Hearing. Hearing no more public comments, Mayor Fournier dosed the Public Hearing at 7:35 PM. 6. QW Council discussioD and action. CM Heidner asked about Flemmer's 10 acre claim vs. 5 acre. Ron Wagner said that there was an error on the Feasibility Report showing the 5.6 acres. Ron Wagner stated the City went through several plans for calculating sments and the final one was brought up after the Feasibility Report. Mayor Fournier asked if it was unusual to assess residential zoning. Mr. MacArthur said no, the issue is whether it benefits from the improvement. Mr. Lefebvre is also being assessed on his whole property including residential. Ron Wagner explained how different parts of the Hemmers property were assessed at different rates. Mr. Flemmer thought his back residential part should be lower yet. CM Darkenwall asked if there was room for accesses. Mr. Wagner said yes with a full access point at 87th Street. The access on County Road 39 would probably be limited to a right in — right out by the County. CM Heidner said that it is possible that a developer could put commercial in where we show residential. Mr. Wagner said yes and we discussed this with the Flemmers. CM Heidner said that he is concerned with this and would like to talk to the City Planner before making a decision. Council agreed. The Council agreed to have this on the next City Council meeting November 13, at 6: 30 PM. CH Stockamp nuMoned to adjourn at 7:50 PM. Seconded by CH Darkenwald. All in favor. Motion carried. Mayor Larry Founder ATTEST: 7udy Hudson, Cly Clerk/Zoning Admin. Written by: Tami Loff, Administrative Assistant