Also in attendance were the following: Jim Schulz, April Bieljeski, Herman Lensing, Carol Moorman, Igor Lenzner, Jim Hemker, Michael Timp, Ivan Blenker, Alquin Borgderding, Don and Betty Timp, Kenneth Vanderweyst, Mary Goebel, Brad Schultzenburg, Dave Malm, Father Roger Klassen, Steve Klapake, Kent Kelly, Tom Hiltner, Dave Welle, and Rodney Atkinson.
Staff persons on hand were Paul Hetland.
The Pledge of Allegiance was said by those in attendance.
HEARING – Main Street Public Improvement Project – Special Assessment Hearing
Worms called the hearing to order at 7:31 P.M.
Jim Schulz gave an overview of the project and the proposed final assessment roll. His presentation included information depicting a typical interior lot and corner lot.
Worms explained that the proceedings were an assessment hearing to discuss the methodology and value of the improvement, and that complaints about the imperfections of project should be brought up at a later time.
Father Roger Klassen asked inquired whether the properties belonging to Sacred Heart Parish were considered one or separate lots. Schulz responded that they were considered separate lots.
Kent Kelly, on behalf of the Freeport Co-op Creamery and First Stop, asked about the project and assessment process and why the final assessment was much higher than the August 2004 estimate. Schulz responded that the cost differential between the final assessment and the estimates was primarily with the driveway costs. Schulz further explained that the driveways were under-estimated, yet it was completed prior to survey work. Kelly asked whether or not they could complain about the process. Kelly mentioned that the lot to the west of First Stop, where an electrical box is placed, will prove difficult to manage for snow removal. Kelly further commented that their board and business was not well-informed at any time during the project. Worms mentioned that project meetings wre held every Monday and that the City Council met each month on the second and last Wednesdays of the month. Worms further mentioned that the Chamber of Commerce also met monthly to discuss the progress of the project and noted that Kelly or a representative of First Stop or the Creamery was not present at any of the meetings since August 2004. Worms further responded that the electrical box is in the right-of-way. Kelly also mentioned that First Stop's business was shut down during the project. April Bieljeski mentioned that First Stop had limited access for weeks during the project but was not shut down completely.
Betty Timp addressed the Council with a comment that the final assessment was much higher for her and her husband's residential property for the amount concerning the street. Hetland reviewed the information sent in August 2004 and the final assessment amount and the amount had been lowered. Timp stated that the letter showing the lower estimate was at their home. She approached the Council desk and further stated that all of the properties near her home had the street amount and total bill rise from the August 2004 estimate to the final. Tom Hiltner, a neighboring property owner Timp referenced, stated that his property assessment was lowered.
Jim Hemker, representing Freeport State Bank, had a couple questions for the Council. His first question was regarding recent information found that the driveway to the west of the Corner Pub is an official 8' wide alley created in 1903. Contingent on submitting the proper documentation, he requested that the assessment be removed from 8' of the property. Council agreed. His next question was when the temporary construction easements would be terminated. Schulz responded that it terminates upon completion of the punchlist item and final acceptance of the project in the spring of 2006. Hemker also mentioned that the decorative sidewalks in front of Freeport State Bank were not satisfactory. He suggested that the City should request concessions on the decorative sidewalk costs.
Ivan Blenker, representing Ivan's Auto Body, asked about if his business was charged on the two feet sold to the City. Schulz noted that the correction was previously corrected. Schulz responded that anything beyond the right-of-way was not charged on the assessment roll and any area damaged off the right-of-way was not added to the assessment roll.
Dave Malm, representing Smiley Gas Mart, noted that his final proposed assessment was over 10% higher than the August 2004 estimate and questioned whether it was legal. Igor Lenzner, attorney from Rinke Noonan present, stated that an estimate is not bound by any assessment law that the 10% rule subject to some businesses does not apply to municipalities. Schulz further stated that the assessment rates did not change only the estimates on the amount of property. Schulz responded that he used generic information for the estimated invoices and the final assessments were based off of specific measurements.
Tom Hiltner, representing Hiltner Company, questioned why the August 2004 driveway estimate was so much lower than the final assessment role. Schulz responded that he used generic information for the estimated invoices and the final assessments were based off of specific measurements.
Schulz further noted that he estimated a generic 12 wide driveway for all properties.
Alquin Borgerding, representing Sacred Heart Parish, mentioned that 4 water services where installed on parish property and wished to know the locations. Schulz responded with the locations of all four services.
Dave Malm, further approached Council with a request for lost revenues due to a gas line break during the construction. Kent Kelly also noted lost revenues for First Stop. Igor Lenzner mentioned that cities are not legally bound to reimburse lost revenues due to public improvement projects. He further noted that the court system has routinely noted that public right-of-ways do not guarantee the right for consistent flow of traffic. He and Schulz noted that it is nearly impossible to ensure access 100% of the time during a major reconstruction project. Lenzner noted that damaged property allegedly done by the contractor is not the legal liability of the City, but between the property owner and the contractor.
Humbert moved and Goebel seconded a motion to approve the assessment roll with the omission of the 8' alley access for Freeport State Bank and with no deferments for any property. Discussion offered. Motion carried 5-0.
Lenzner clarified that paying assessments was regulated and determined by state statute. He further noted that property owners have 30 days, until December 2, to pay their assessment to the City without interest. Hetland noted that the assessment roll would need to be submitted to the County by November 30 and to avoid possible confusion or mistakes, encouraged property owners to pay the amount prior to November 30 if their intentions were to pay a portion or all of the assessment amount.
At 8:48 P.M. Humbert moved and Tim Hennen seconded a motion to adjourn the meeting. Motion carried 5-0.
