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City Council bfinutes Page 2 <br />August 13, 2001 <br /> <br /> assessments from $1,550.00 per assessable unit to $1,375.00 per assessable unit over five <br /> years at five and one half percent interest. Mr. Maurer stated that if a citizen xvishes to appeal <br /> the assessment, a written objection to the assessment must be submitted by the close of <br /> discussion on the overlay improvement at this meeting. He stated that if a written objection <br /> is not submitted, a citizen then gives up his/her right to appeal. <br /> <br />Vice Mayor Dietz opened the public and assessment hearing for the overlay improvement <br />project. <br /> <br />Greg Lien, 19147 Lincoln Street- Questioned how the assessment was calculated, whether <br />drainage issues would be resolved, and why the city is doing an overlay rather than <br />sealcoating. <br /> <br />Jerry McChesney, representing the McChesney Development - Stated that he didn't feel <br />York Street had any deterioration. He stated that he is opposed to the assessment and <br />doesn't think it is fair that the Industrial Park is charged double the assessment of the <br />residential properties. <br /> <br />Jack Mowry, 12797 Meadowvale Road - Stated opposition to the assessment. He didn't <br />think the road received much traffic and isn't deteriorated to require an overlay. <br /> <br />Troy DeMars, 14220 182nd Avenue - Quoted material from ~429 of the Handbook for <br />Minnesota Cities. He read, "Special assessments are presumably valid if the land assessed <br />receives a special benefit from the improvement and the assessment is uniform as applied to <br />the same class of property and the assessment does not exceed the special benefit." Mr. <br />DeMars questioned what the special benefit would be to his property. He also questioned <br />the definition of "class of property." Mr. DeMars inquired how the McChesney Industrial <br />Park and the commercial area of Freeport Avenue could be included in this assessment with <br />residential properties. <br /> <br />Mr. Maurer stated that the benefit being referred to is an increase in property value. He <br />stated that the court would determine if the assessment of $1,375 would increase the value <br />of the individual property. Referring to uniform class of property, Mr. Maurer stated that the <br />city uses the single-family residential property as the baseline unit and then assesses the <br />industrial and commercial properties a higher number of units. <br /> <br />Ola Cruise, 14145 182nd Avenue - Stated that she was opposed to the assessment. <br /> <br />Allen Pomerleau, 18996 Lincoln Street - Stated that he has drainage issues he would Like <br />resolved prior to the overlay project. Mr. Maurer stated that he would take a look at Mr. <br />Pomerleau's property. <br /> <br />Elwin Maur, 198th and Zebulon - Stated that he would like an 18' culvert put in on his <br />property. Vice Mayor Dietz stated that Mr. Elwin Maur was not part of this overlay <br />assessment project and he would need to discuss his issue with Street/Park Superintendent <br />Phil Hals. <br /> <br />Ron Harrington, 19728 Ulysses Street - Stated that he is still paying for an assessment of <br />the Ulysses Street project and he felt he should not be assessed for the 198th Avenue overlay. <br /> <br />Rick Adamsky, 1834 Wand Street - Questioned why the city is purchasing the Boelter's <br />property from the street fund but the overlay doesn't come from this fund. <br /> <br /> <br />