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Lake Avenue objections yield varied results

FAIRMONT – The Lake Avenue total reconstruction project, from Bixby Road to Fairlakes Avenue, brought six assessment objections to the Fairmont City Council on Monday.

These objections were the six from the previous city council meeting on March 23, which City Attorney David Assaf had recommended be addressed further at the next meeting. City Engineer Tyler Cowing reviewed the six objections prior to the meeting and confirmed they had been calculated correctly in line with Fairmont’s assessment policy.

Tom and Colin Dougherty spoke on the Senne Farm at 1300 Lake Avenue. Tom Dougherty raised concerns about the city proving the market value of the property has increased, which he said it would need to for a special assessment to be lawful. Colin Dougherty said the assessment would be a financial nightmare for the family.

Ultimately, several questions were asked by the Dougherty’s, including if the assessment policy itself could be tailored, and if the property is condemned by the city, could that be an exception to any deferral coming due for payment.

Council Member Randy Lubenow said this matter should be tabled for the time being, so the Dougherty’s could discuss these issues with  Assaf. He made the motion, and after Council Member Jay Maynard seconded, the tabling of the 1300 Lake Avenue assessment objection was approved unanimously.

John Balcom from 1029 Lake Avenue asked to have his sewer and water assessment removed from the overall property assessment, as they were not hooked up to the water and sewer. Lubenow asked Project Manager Troy Nemmers of Bolton and Menk to verify if this was the case, and he said this was the case.

“We found that after the construction, we weren’t fully aware of those side street connections,” he said.

Lubenow asked if it is normal for people to be assessed for connections they are not using, and City Engineer Tyler Cowing said they are not.

“In that case, if they are running off of other services and we have that stub for future use, it’s provided,” he said.

Lubenow motioned to remove this special assessment from Balcom’s property, and this was seconded by Maynard and the motion passed unanimously.

The remaining four assessment objections did not have anyone speak on them during the comment period. There were two options: either to direct city staff to amend the special assessment policy and reassess the properties, or to pass upon these objections, make findings on the project costs and adopt the assessment rolls as presented.

Lubenow motioned to pass, which was seconded by Maynard. Council Member James Kotewa asked if the special assessments made to these people could increase in cost with an amendment of the policy and subsequent reassessment. Public Utilities Director Matthew York said it would.

“If you use actual costs of the project, the actual cost of the project will increase the assessments,” he said. “Things that cost in 2024 don’t cost the same in 2025.”

Based on the sheer costs being levied in these assessments, Council Member Britney Kawecki said she would not vote to pass on the remaining objections.

“I feel that a lot of people, a majority of the people on Lake Avenue, are seeing extremely large assessments,” she said. “I think that the citizens of Fairmont are seeing property taxes, assessments, things that people can’t afford, and I believe that decisions need to be made to help keep budgets in line. I’m going to vote no for the assessments for those reasons.”

In addition to Lubenow and Maynard, Council Member Wayne Hasek joined them in approving the motion. This allowed the motion to pass 3-2 with the no votes of Kotewa and Kawecki.

After this, the council discussed what to do with displays of the state flag. Acting City Administrator Paul Hoye said they have been flying the new state flag at City Hall since the change was made. The flags at Lincoln Park, the airport and the public works building all fly the old state flag.

Hoye said they could choose to switch all of them to the new flag, switch all of them to the old flag, or not have state flags fly in these locations at all.

Mayor Lee Baarts said they’d all received emails and comments on this issue. Before opening the discussion to the council, he said he prefers the old flag.

“I love the old flag and how it represents Minnesota from when it started,” Baarts said. “I think there’s a lot of other states, if you look at all the other states, that have the seal with what represents their state.”

After stating he feels his opinion might be unpopular, Maynard said he prefers the new flag. He said in terms of flag design, the new flag is better than the old one, and claims that the new flag is an interpretation of the Somali flag are “hogwash.”

“I understand the objections to the process and share them,” Maynard said. “With all of that said, what came out of it’s actually a pretty good flag, taken as a flag, and as such, I think it better represents Minnesota.”

Kotewa said for 30 years, his badge always had the state emblem, and he would like to stay with the old flag.

“It shows the history between the farmers and the Indians, which is part of our community as a whole,” Kotewa said. “It really represents us as a local.”

Lubenow motioned for option two, to use the old state flag at the four listed locations, and Kotewa seconded the motion. The motion was passed 4-1, with all but Maynard voting in favor.

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