07-30-01 PHCITY OF OTSEGO
PUBLIC HEARING FOR
PROPOSED ASSESSMENT
ODEAN AVENUE IMPROVEMENTS
MONDAY
JULY 30, 2001
6:30 PM
1. Mayor Fournier will call the meeting to order.
Mayor Fournier called the meeting to order at 7:04 PM.
Roll Call: Mayor Larry Fournier; Councilmembers: Virginia Wendel, Suzanne
Ackerman, Vern Heidner, Jerry Struthers.
Staff. Mike Robertson, City Administrator; Judy Hudson, City Clerk; Andrew
MacArthur, City Attorney; Larry Koshak, City Engineer; Ron Wagner, Assistant
Engineer.
Mayor Fournier asked Judy Hudson, City Clerk, if she had received any written
comments for the Odean Avenue Assessment Hearing to be entered into the
record. Judy Hudson replied she has received written comment from: Melanie and
Frank Morrisette, Elk River Alano Society, Inc., Frank Miles and Eileen and Julie
Gerads.
2. Mayor Fournier will open the Public Hearing
Mayor Fournier opened the Public Hearing at 7:05 PM.
3. Andrew MacArthur, City Attorney, will explain the purpose of this Hearing,
the 429 State Statute and the appeal process.
Mr. MacArthur explained the purpose of the Street Improvement Hearing, the 429 State
Statute and the appeal process.
4. Ron Wagner, Assistant City Engineer, will explain the design, cost and assessment
determination.
Ron Wagner, using the attached overheads, explained the design, cost and assessments.
5. Andrew MacArthur, City Attorney. Any further comments.
6. Mayor Fournier will open for Public Comment.
Mayor Fournier opened the Hearing for Public Comment at 7:22 PM. He stated that
Any person wishing to be heard shall state their name and address. They are to
direct all questions to the Mayor and he will determine if the question is relevant and will
direct the question to the proper staff.
Frank Miles, 8188 Odean Avenue.
Mr. Miles objected to the assessment. He said his appraisal was decreased 25% because of
Odean Avenue Street Improvement Public Hearing cont'd. Page 2.
the swamp in the front yard and feels his assessment should be discounted as well.
Mr. MacArthur explained the 25% discount Mr. Miles is referring to is for an easement
for only sloping purpose, since he is only losing slight value of the land. If all the land was
taken for the street, then it would be at 100% of market value.
Mr. Miles stated he feels the Odean Avenue project improvement deceased the value of
his property because there is now flooding of lowland; there is always a stench from the
pond.
Ron Wagner said Odean Avenue used to be 24 feet wide and now it is 46 feet and there
would only be a marginal amount of additional water going to Mr. Miles' property.
Mike Robertson noted the pond was pumped out this spring during the flooding. Also, as
part of this project, a Stormwater pond was constructed and probably slowed down the
water going into Mr. Miles' pond.
Mr. Miles feels the high water will stay. He also wants his driveway width on the
boulevard increased and more black dirt and spread on the boulevard.
Mayor Fournier said the engineering items will be addressed at the August 13`h City
Council Meeting.
Chad Gerads 14398 85th Street, is representing his mother, Eileen Gerads.
Mr. Gerads stated they had understood at the first public hearing that they were not going
to be assessed for this project. He also said the boulevard in front of his mother's property
wasn't done to their satisfaction.
Mike Robertson explained Mrs. Gerad's property is right on the boundary of the
improvement and could be either assessed for this project or for the future 85`'' Street
project. Mr. MacArthur stated the Council can determine that they will benefit from both
projects and they would be able to pick which one to be assessed for. Andy stated that the
85`h Street assessment would most likely be a higher assessment.
Mayor Fournier requested the Gerads to let the City know by August 13, 2001 City
Council Meeting as to which project they want to be assessed for.
Frank Morrisette 7740 Odean Avenue,
Mr. Morrisette asked why the deferred assessments were not explained at the first public
hearing. He asked how he would benefit from two deferred assessments when there is no
access to Odean.
Mr. MacArthur explained the purpose of deferred assessments is based on the potential
development rights of his land. If the City doesn't defer assessments now, they are giving
up that right to assess in the future. Nothing is paid until or if the land is developed.
He also noted that interest starts accruing from the date of deferment. Mr. Morrisette
requested a written statement from the City stating that upon development if there is no
access to Odean Avenue, they will not be assessed.
Odean Avenue Street Improvement Public Hearing cont'd. Page 3.
Rick Adamski, Alano Society, 9231 Odean Avenue. Mr. Adamski stated this is a non-
profit organization and they take exception to the assessment. They said they didn't
receive notice of the first hearing and therefore didn't realize they were going to be
assessed. Mr. MacArthur stated that the City is assessing the property and not the use.
Robertson said that the property could be sold for residential use so the use could change.
Mr. Adamski said the slope on the driveway is poor and the cars are hitting the curb going
in and out. They also feel the driveway is not as wide as it used to be.
Ron Wagner said he would look at the driveway.
Gary Inman 7262 Odean Avenue. Mr. Inman said he likes the street improvement. He
questioned why the two lots where the bike path ends on CSAH 37 were not assessed.
CM Heidner said that no one was assessed for the bike path.
Mr. Inman said the original assessment was quoted as $3,000. Mr. Inman said the sod on
the boulevard is bad and all there are weeds. Ron Wagner agreed and said he has spoken
to the contractor about fixing it.
7. Mayor Fournier will close the Public Hearing.
Mayor Fournier closed the Public Hearing at 8:45 PM.
8 Andrew MacArthur City Attorney.Any additional comments.
Mr. MacArthur said staff will bring some recommendations for deferred assessment to the
August 13th, 2001 City Council Meeting.
9. Mayor Fournier. Any additional comments.
Mayor Fournier reminded everyone that these assessments and engineering items will be
on the August 13, 2001 City Council Agenda.
10. Adjourn.
CM Wendel motioned to adjourn. Seconded by CM Ackerman. All in favor.
Motion cart-ied. Adiolurned at 9:47 PM.
Atfe#: -J#d* Hudson, City'Clerk
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