Grafton council denies appeals, affirms special assessments for Street Improvement District No. 8-24

The City of Grafton Council on Aug. 21 denied appeals to and confirmed the Special Assessment List for Street Improvement District No. 8-24 following a public hearing that drew multiple residents from Lessard Avenue.

City Attorney Rob Fleming reviewed five categories of complaint filed by residents and property owners — lack of notice, lack of necessity, alleged errors by the Special Assessment Commission, determination of benefit, and a claimed conflict of interest involving a commission member. Fleming told the council the North Dakota Century Code allows notice by publication in the official newspaper and that, because no protests were filed after the January 2024 Resolution of Necessity and the Special Assessment Commission adopted a memo allocating parcel-specific benefit (citing the Senske v. City of Grand Forks decision), the legal grounds for the appeals failed in his view.

Several residents told the council they felt poorly informed and said the assessments make homeownership unaffordable. J.R. Steele said residents only received direct notice when they received bills and urged the council not to approve the assessment, saying, "what is legal is not always right and just." Kelly Desautel said most residents did not know about the project or their zone and that she has "no use for Lessard Avenue" and no plans to build a garage. Lindsey Presteng said previous discussion at a March 11, 2024 meeting had included a motion to deny the bid to allow residents a greater say, and she argued the assessments are making homes unaffordable. Amy Geiger challenged the 3% interest rate on the assessment, saying it would total "over $11,000 over the 15 year period" and would increase her monthly escrow by roughly half.

Fleming acknowledged the assessments were high but said statutory procedures were followed and recommended the council deny the appeals. Councilmembers debated communication practices and procedural steps: Councilmember Kylen Kostrzewski urged better future communication to residents; Councilmember Greg Young suggested separating multiple paving districts into distinct projects to avoid cross-subsidization; Councilmember Darrin Wollitz warned high assessments could deter future residents. Mayor Chris West said comparable costs exist elsewhere and cited development costs for Collette Avenue — water, sewer and paving — totaling about $70,000 per lot.

Councilmember Brian Sieben moved to deny the appeals; Mr. Burianek seconded. The roll-call vote on denying the appeals recorded Burianek, Ray, Sieben and Young in favor and Kostrzewski, McMillian, Osowski and Wollitz opposed; Mayor West then voted in favor and the motion carried. The council then moved to confirm the special assessments as presented by the Special Assessment Commission. The same vote pattern carried and the council confirmed the assessments; the public hearing was closed.

The council adjourned the special meeting without altering the assessment amounts during the session. Residents who objected were told by council members and the city attorney that statutory notice and procedural requirements had been met, though several councilmembers said they want improved communication in future projects.