MINUTES FOR PUBLIC HEARING ON ASSESSMENT

78^th Street Northwest and Isaak Avenue Northwest UNOFFICIAL

February 24, 2004, 7 p.m., Town Hall

Present: 27 property owners

Tim Young Township Attorney; Cara Otto, Engineer

Township Board: Chairman Bill Lieb, Supervisors David Stumpf and John Dearing and Clerk/Treasurer Vi Novotne.

Correspondence Received: Marilyn Kroll, Robert Miner, Sharon Huikko, Diane Salls, William F. Arendt, Helen Honmyhr, William Hankee, Dan Gendreau, John Antil and Sandy Williams.

The assessment hearing opened at 7 p.m. Chairman Bill Lieb introduced Tim Young as the Township Attorney who will moderate the hearing and Cara Otto, the Township Engineer.

Township Attorney Tim Young stated that this hearing will be in three parts: 1^st, the attorney; 2^nd, engineer and 3^rd, public comments. At the previous hearing, property owners discussed the road to be improved. This second meeting is where the public speaks to the town board to persuade the decision of the town board for or against the project. It is important that reasons are given. Property owners are to direct comments to the town board and direct questions to the Tim Young or Cara Otto. Each person should stand and state his name and everyone will have a chance to speak before the next round begins.

Township Engineer Cara Otto stated that the hearing is for a road improvement project for Isaak Avenue, 75^th Street to County Road 6 and 78^th Street, Isaak to Cy Rd 6.

The roads will be upgraded to a 24 foot wide, 7-ton bituminous road with two foot gravel shoulders. There are three locations within the Cedar Acres area that requires additional right of way or road easements. Roadside ditches will be constructed wherever economically practical. At some locations, where a ditch would require a significant amount of grading, curb and gutter will be installed. Curb and gutter are planned for North of 79^th Avenue, North and East side of 78^th near Dircks and a storm drain to collect from road and into a low area that would form a natural pond. A 33’ easement for an outlet to the lake will also allow some water filtering treatment. Additional right of way will be needed from Corner of 75^th and Isaak where the traveled roadway is on the north of right of way line and at intersection of 78^th and Isaak where there is a gap. Permanent easements are needed for the 24” culverts with an extension so that ditches have 3 to 1 slopes. The estimated construction cost was $435,790 and the low bid was $427,082. Indirect costs of 25% will bring the project cost to $533,852.50. Cara said she was available for questioning.

Township Attorney Tim Young stated that Minnesota Statute 429 covers the procedure for special assessments. The procedure requires an improvement hearing which for Isaak was in August and 78^th Street was in November. The second required hearing is the assessment hearing. A special assessment is a form of tax. General tax or a real estate tax is a tax paid on property assessed on value of property. The special assessment is an add on tax approved in theory that this amount is equal to the amount of the benefit passed on to the property. If a property owner received one or two or three letters, that property owner has one, two or three assessments. Assessment payments would be one-half the amount in May and October and included in the real estate tax . Assessments will be paid on a ten-year term, 6% interest, beginning with next year’s real estate taxes. Tim presented each property owner a printout showing the approximate annual cost of interest to each parcel. If the project goes forward, the clerk will mail to each property owner a letter stating that a payment in full before March 25, 2004 would have no interest charged and the interest if the property owner chooses to prepay before the assessment is entered on the tax rolls, November 15, 2004. Approximately one-fourth of the property owners prepay their assessment and the other three-fourths have the assessment added to real estate taxes. If property owner is unhappy with the assessment, the property owner may appeal with the assistance of a lawyer. A written protest must be forwarded to the board at this meeting. To appeal, the property owner must have valid support to claim that value of property has not increased to the amount of the assessment. If decision is to appeal and have not submitted a letter, Tim Young asserted that he would as township attorney ask the judge if an appeal letter was given, and if not, the case would be withdrawn from court.

Tim Young invited the property owners to speak for or against this project and try to provide comments with good or bad reasons to the board. Each person was asked to stand, give name and comment. The Board will make decision in the public interest. Everyone in the room may be in favor of the project, but board may decide not to proceed with the project. If the project is adopted, a delay of one month is allowed to receive appeals. The contract is awarded after the thirty-day appeal time period.

Paul Manuel, 8908 78^th Street. What happens if a person pays his assessment and the contract is dropped?

Tim Young – The payment is returned to the property owner.

Sandy Williams, 8244 Irvine. Property has no access to Isaak Avenue and should not be assessed. A drainfield is on the lot between Irvine and Isaac

Tim Young – Board will decide if property owner uses Irvine only. Assessment covers if property borders Isaak, or a driveway accesses Isaak. The land does not need to be developed. Sandy Williams was instructed to make a written objection if she feels the assessment is unfair.

John Kroll for Marilyn Kroll, 8230 Irving. Property does not abut Isaak Avenue and only access to property is by Irvine Avenue. Letter of objection was on file with board.

Dennis Dircks, 8660 78^th Street. Received two assessment notices. Two of the lots have been combined and he receives one tax parcel notice. This assessment change was previously approved.

John Dearing stated that the assessment change was made December of last year after Dennis presented his objection in a letter to a board member.

John Antil, 7524 Isaak. Objected to parcel assessment. Asked board to review the assessment system and consider size of lots. Has a very limited access of about one hundred feet on Isaak. Doubts his property benefit is the same as the assessment.

Bill Lieb: The board feels that a property owner with a 200’ and a property owner with 75’ frontage usually has the same number of cars and makes the same number of trips. Board receives this request at every project hearing but plans to stay with parcel system

John Antil: Number of cars for an assessment and number of children driving should be considered. Some people are not full-time residents. Thirty years of using a parcel system is a long time and board should take another look at the merit of this system.

Tim Young: Using the frontage foot and property owner makes fewer trips and counting drivers per parcel causes a difficult administration problem. This is a judgment call and the board had to make a decision.

John Schmitz, 8800 78^th Street: Road will need speed limit signs.

Bill Lieb: Township will erect speed limit signs if the property owners would like the signs. The speed limit on town roads is 30 mph with homes at intervals of less than 300’ for a distance of one-quarter mile or more. Problem is enforcement and the need of an available deputy.

Al Guck, 8137 Isaak: Will there be curb and gutters?

Cara Otto: A curb will be placed on the west side of this road along with an extended culvert. A permanent easement is needed for maintenance.

Bill Arendt, 8178 Isaak: Reported owns two parcels of which one has a house and the other outside lot has the drainfield. A objection letter was previsously presented to board. Water run off is a big concern. The driveway is about one foot lower than the present road. Water funnels to the ravine.

Cara Otto: A curb and gutter is planned for the east side of his property. A ditch is not acceptable as the elevation lessens the slope.

Bill Arendt: Expressed continued concern with water runoff.

Cara Otto and Bill Lieb: The engineer will make a second inspection of this area.

Linda Dircks, 7602 Isaak Avenue: The change from a parcel system would be a no win battle. A part-time resident may retire and use the road more and a full-time resident may become a sunbird and be gone for most of the year.

Tim Young: One parcel may be added to tax rolls and one parcel may be paid in full if she desired.

--------------: Could assessment be raised or lowered at this time?

Tim Young: Assessment amount cannot go up but an assessment amount may go down. Historically if the project costs are less and each property owner could receive $50, the board will refund the property owners.

Bob Antil: More discussion should be covering the runoff problems.

Lloyd Walburn, 8041 Isaak: Board responded that Cedar Acres Park did not receive an assessment. Where road is reconstructed, the culverts will be replaced.

John Kittok, 8016 Irvine. Received two assessments. Clerk reported one assessment was directed to the new property owner. Water problems should be addressed.

Cara Otto: This problem is difficult to correct in this area as no ponding land is available.

Bill Lieb: Asked Cara to make an inspection and prepare a proposal.

Bob Mooney, 7520 Isaak: Curbing is needed in his area to prevent road wash outs.

Cara Otto: Offered to review area.

Duane Albachten, 8744 78^th Street: Requested a speed bump by his driveway.

John Dearing: A speed bump is hazardous for the snowplow. 90% of the speeders are the neighbors and a property owner should talk to each person that speeds.

John Schmitz, 8800 78^th Street: The road will be elevated in his area and he expects more water runoff.

Cara Otto: Engineering designs a matching grade with a driveway. An inspection will made in his area..

Dennis Dircks, 7602 Isaak: Finds it difficult to mow along the road ditches now. Will the slope change? Driveway slopes up to the road.

Cara Otto: Ditches are designed with a 3 to 1 slope.

Paul Manuel, 8908 78^th Street: If a ditch is redone will new culverts be placed? Who and when are mailboxes moved?

Cara Otto: Contractor’s responsibility to place mailboxes in temporary areas. Property owners should notify engineer or contractor of sprinkler systems and retaining walls that are near right of way.

Janice Flatten, 7453 Isaak Avenue: Does not live in project area.. Asked why assessments cannot be increased at this time when a few assessments are being dropped?

Tim Young: Federal Assessment rule is if the assessment is to be raised, there is a need for another improvement hearing. Going through this procedure is not practical. Township has contractors submit bids on per unit prices. General feeling is that if a fixed amount is bid, contractor will pad bid for error margin and government would pay more for the project. Engineering provided specified quantities of gravel, pipe, ditching, etc and if the quantities increase, the cost increases. On per unit bids, the contractor would bid closer to project requirements and contractor would not build in quantities. If the project costs more, the entire township pays for the overrun.

Bob Mooney, 7520 Isaak: Road elevation concerns.

Mitch Flemming, 7685 Isaak: What does plan cover for the road at corner of 78^th as it is 10’ off the right of way.

John Dearing: Board does not plan to move the road and plans to save the trees

Al Guck, 8137 Isaak Ave NW. Expressed that this should be a great project. After the ditches have been redone and are green with grass and the paving completed, the property owners will be pleased. The project should go forward.

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Tim Young announced that the board has had an hour of discussion. If the board accepts the assessments, the contract will be awarded April 6, 2004. Mr. Young reminded the property owners that had objections to the assessment to submit their written objection to the board at this time. The board will meet to make the decision.

Board reviewed all the written objections. With John Dearing’s motion, second Dave Stumpf, the board unanimously approved the following:

Marilyn Kroll, 8230 Irving Ave NW. Objection: No access to Isaak

Drop assessment

Wells/Arendt, 8178 Isaak: Objection: Two assessments, one lot has drainfield.

Drop one assessment

Sandy Williams, 8244 Irvine: Objection: No access to Isask and second lot abutting Isaak has a drainfield.

Drop Assessment

Dennis Dircks, 8660 78^th St: Objection: House built on two lots and other lot has drainfield.

Drop to one assessment

With motion by Bill Lieb, second John Dearing, the board unanimously approved adding an assessment for Steve Lampi for the Susan Berwyn property. This hearing will be continued to March 16.

With a motion by Dave Stumpf, second John Dearing, the board unanimously approved Resolution 2004-05 Cedar Acres Isaak Avenue and 78^th Street Project to adopt the current assessment roll as amended and deleted.

Tim Young reported that if 80^th Street Project goes forward, at the March 16 township meeting, the board should make a motion for a resolution to reimburse expenses with a bond.

Dave Stumpf inquired how the bond payment could be locked into the budget.

Tim Young responded that 2004 monies are in the budget and will be in future budgets also. When a township issues a legal debt, it is a legal and binding debt and must be paid.

Mr. Young will forward a preview of the 80^th Project proposal for the March 3 board meeting.

The meeting ended at 9:15 p.m.

Respectfully submitted,

Vi Novotne,

Clerk