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AGENDA RECOMMENDATION |
Consent Calendar 5.M.
City Council Regular Meeting
- Meeting Date:
- 09/28/2026
Agenda Item:
Resolutions for Hearing on Proposed Final Assessment:
- 10994; Riverfront Drive Reconstruction
- 11078; West 7th Street Reconstruction
- 11114; Germania Park Phase 5 Reconstruction
- 11120; Woodshire Drive Reconstruction
Recommendation/Action(s):
Adoption of the attached resolutions.
Summary:
Construction Services is ready to proceed with the final assessment process on the following Capital Improvements Projects:
An improvement hearing was conducted for project 11078 on January 13, 2025, in the Council Chambers of the Intergovernmental Center in Mankato, Minnesota. At the hearing, there were no objections, and the project was ordered, declared to be assessed and ordered preparation of proposed assessment. The City conducts a second final assessment hearing using the actual costs of the project and sends a notice to property owners, as there may be a change in the assessment from what was approved at the preliminary assessment hearing.
An improvement hearing was conducted for project 11114 on January 13, 2025, in the Council Chambers of the Intergovernmental Center in Mankato, Minnesota. Prior to the hearing, the city received a letter from the developer on 8th Avenue objecting to the proposed improvements, including the extension of 8th Avenue north of Cleveland Street. The City also received an inquiry from Grace Baptist Church regarding their pending application to vacate Lind Street between 6th Avenue and 7th Avenue. Considering the significance of these two issues, the hearing was continued until March 10, 2025. At that meeting, the project was ordered, declared to be assessed and ordered preparation of proposed assessment. The City conducts a second final assessment hearing using the actual costs of the project and sends a notice to property owners, as there may be a change in the assessment from what was approved at the preliminary assessment hearing.
An improvement hearing was conducted for project 11120 on January 13, 2025, in the Council Chambers of the Intergovernmental Center in Mankato, Minnesota. At the hearing, Twin Valley Council Boy Scouts objected to their assessment. The hearing was continued to February 10, 2025, where the Council heard additional testimony from Twin Valley Council and closed the public hearing. However, since the item required a super-majority vote to proceed and insufficient members were present, no action was taken by the Council and staff were directed to bring the item back for consideration at a future meeting. At the February 24, 2025, City Council meeting, the project was ordered, declared to be assessed and ordered preparation of proposed assessment. The City conducts a second final assessment hearing using the actual costs of the project and sends a notice to property owners, as there may be a change in the assessment from what was approved at the preliminary assessment hearing.
The law sets out discrete timelines and procedures for noticing for hearings, including a notice of the hearing on the proposed assessment to be published once in the official newspaper at least two weeks prior to the hearing and a mailed notice to be given to the owner of each parcel described in the assessment roll not less than two weeks prior to the hearing.
Staff is recommending the Council pass the resolution setting October 26, 2026, as the date of the final assessment hearing for these projects. Following the hearing, the Council will be required to consider adoption of the final assessment roll.
The final assessment shall be payable in equal annual installments extending over a period of ten years, the first installment to be payable on or before the first Monday in January 2027, and shall bear interest at the rate of four and one-half percent (4.5%) per annum from the date of the adoption of the final assessment resolution. Any deferred installments shall bear interest at four and one-half (4.5%) per annum beginning January 1, 2027. To each subsequent installment, when due, shall be added interest for one year on all unpaid installments. Assessments are payable over 5, 10, or 15 years, depending on the amount of the assessment. Deferrals are available for property owners who are over 65 years of age, retired by disability, or called to active military duty in which paying the assessment would represent a hardship. Interest does accrue on deferred assessments.
In accordance with State Statute, if property owners have any objection to the proposed assessment on their property, they must either present a written objection, signed by an owner, and file with the City Clerk at 10 Civic Center Plaza, Mankato, Minnesota, 56001, and/or appear at the hearing and personally object to the proposed assessment before the council. No appeal to district court may be taken as to the amount of an assessment unless a written objection signed by the affected property owner is filed with the city clerk prior to the final assessment hearing or presented to the presiding officer at the hearing.
An owner may appeal an assessment to district court pursuant to Minn. Stat. § 429.081 by serving notice of the appeal upon the mayor or clerk of the city within 30 days after the adoption of the assessment and filing such notice with the district court within ten days after service upon the mayor or clerk.
- 10994; Riverfront Drive Reconstruction
- 11078; W 7th Street Reconstruction
- 11114; Germania Park Phase 5 Reconstruction
- 11120; Woodshire Drive Reconstruction
An improvement hearing was conducted for project 11078 on January 13, 2025, in the Council Chambers of the Intergovernmental Center in Mankato, Minnesota. At the hearing, there were no objections, and the project was ordered, declared to be assessed and ordered preparation of proposed assessment. The City conducts a second final assessment hearing using the actual costs of the project and sends a notice to property owners, as there may be a change in the assessment from what was approved at the preliminary assessment hearing.
An improvement hearing was conducted for project 11114 on January 13, 2025, in the Council Chambers of the Intergovernmental Center in Mankato, Minnesota. Prior to the hearing, the city received a letter from the developer on 8th Avenue objecting to the proposed improvements, including the extension of 8th Avenue north of Cleveland Street. The City also received an inquiry from Grace Baptist Church regarding their pending application to vacate Lind Street between 6th Avenue and 7th Avenue. Considering the significance of these two issues, the hearing was continued until March 10, 2025. At that meeting, the project was ordered, declared to be assessed and ordered preparation of proposed assessment. The City conducts a second final assessment hearing using the actual costs of the project and sends a notice to property owners, as there may be a change in the assessment from what was approved at the preliminary assessment hearing.
An improvement hearing was conducted for project 11120 on January 13, 2025, in the Council Chambers of the Intergovernmental Center in Mankato, Minnesota. At the hearing, Twin Valley Council Boy Scouts objected to their assessment. The hearing was continued to February 10, 2025, where the Council heard additional testimony from Twin Valley Council and closed the public hearing. However, since the item required a super-majority vote to proceed and insufficient members were present, no action was taken by the Council and staff were directed to bring the item back for consideration at a future meeting. At the February 24, 2025, City Council meeting, the project was ordered, declared to be assessed and ordered preparation of proposed assessment. The City conducts a second final assessment hearing using the actual costs of the project and sends a notice to property owners, as there may be a change in the assessment from what was approved at the preliminary assessment hearing.
The law sets out discrete timelines and procedures for noticing for hearings, including a notice of the hearing on the proposed assessment to be published once in the official newspaper at least two weeks prior to the hearing and a mailed notice to be given to the owner of each parcel described in the assessment roll not less than two weeks prior to the hearing.
Staff is recommending the Council pass the resolution setting October 26, 2026, as the date of the final assessment hearing for these projects. Following the hearing, the Council will be required to consider adoption of the final assessment roll.
The final assessment shall be payable in equal annual installments extending over a period of ten years, the first installment to be payable on or before the first Monday in January 2027, and shall bear interest at the rate of four and one-half percent (4.5%) per annum from the date of the adoption of the final assessment resolution. Any deferred installments shall bear interest at four and one-half (4.5%) per annum beginning January 1, 2027. To each subsequent installment, when due, shall be added interest for one year on all unpaid installments. Assessments are payable over 5, 10, or 15 years, depending on the amount of the assessment. Deferrals are available for property owners who are over 65 years of age, retired by disability, or called to active military duty in which paying the assessment would represent a hardship. Interest does accrue on deferred assessments.
In accordance with State Statute, if property owners have any objection to the proposed assessment on their property, they must either present a written objection, signed by an owner, and file with the City Clerk at 10 Civic Center Plaza, Mankato, Minnesota, 56001, and/or appear at the hearing and personally object to the proposed assessment before the council. No appeal to district court may be taken as to the amount of an assessment unless a written objection signed by the affected property owner is filed with the city clerk prior to the final assessment hearing or presented to the presiding officer at the hearing.
An owner may appeal an assessment to district court pursuant to Minn. Stat. § 429.081 by serving notice of the appeal upon the mayor or clerk of the city within 30 days after the adoption of the assessment and filing such notice with the district court within ten days after service upon the mayor or clerk.