Resolutions adopting Final Assessments on Capital Improvement Projects:

10893 Germania Park - Phase 3
10988 4th Street
10989 Pfau Street
11074 2024 Resurfacing and Miscellaneous Sidewalks

Adoption of the attached resolutions.

On February 13, 2023, the City Council held the required improvement hearing and a preliminary assessment hearing on the projects. At that hearing, there were no objections and the project was ordered and the preliminary assessment roll was adopted. As has been our practice, the City conducts a second 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 proposed final assessment notices were mailed to property owners on September 30, 2024, for all the projects. Staff has been working with affected property owners making minor adjustments to the assessment roll and answering questions as needed prior to consideration by the council.
 
Property owners have been informed of the amount to be specially assessed against each parcel, that the council may adopt the assessment roll at the hearing, the right of the property owner to prepay the entire assessment, that prepayment may be made without assessment of interest, and the proposed interest rate on the assessment. For assessments not paid in full, the assessment amount will be certified to Blue Earth County Taxpayer Services for collection with property taxes over a five-, ten-, or fifteen-year period with an annual interest rate of 4.5%.
The property owners were also informed of the availability, at their option, of a 15-year repayment schedule as well as senior citizen, service member, and disability deferrals.
 
Property owners were also informed of their right and the process for appealing their proposed assessment. As a result, the City has received one objection notice for the following parcels:
 
Parcel Number                Property Owner
01.09.18.201.014           Grace Lutheran Church
01.09.18.201.015           Grace Lutheran Church
01.09.18.201.016           Grace Lutheran Church of Mkto
01.09.18.201.017           Grace Lutheran Church
01.09.18.201.018           Grace Lutheran Church
01.09.18.201.019           Grace Lutheran Church
01.09.18.201.020           Grace Lutheran Church Augustana
 
Part of the objection of the property owner includes concerns about notice of the proposed final assessment. Staff has verified that notice for all the properties involved was sent to the owner of the above listed parcels, at the address listed in the County Treasurer’s database, as required by Minnesota Statutes. The notices provided included notices for the preliminary assessment hearing, the improvement hearing, and the current final assessment hearing. Following the mailing of notices, staff had conversations with representatives of the properties and know they had notice of the proposed assessments in early October.
 
The current agenda item is for the final assessment. State law requires that at the final assessment hearing, or at any adjournment thereof, the Council shall hear and pass upon all objections to the proposed assessment, whether presented orally or in writing. The council may amend the proposed assessment as to any parcel and by resolution adopt the same as the special assessment against the lands named in the assessment roll. Notice of the date, time, and location of any adjournment of the hearing shall either be stated during the meeting, so reflected in the minutes, or the City may provide notice in the same manner as required by statute for notice of assessment hearings generally.
 
At the hearing, the Council has two options, in light of the objection:

• The Council could adopt the assessment roll as presented. The objecting party has the right to file an appeal in district court within 30 days of the hearing.
• The Council may consider adopting the assessment roll for the non-objected parcels and then schedule an adjourned hearing to further consider any objection to the amount of the proposed assessments for the parcels noted, upon further notice to the affected property owner of the date, time, and location of the adjourned hearing. At the adjourned hearing, the Council, or a committee of the Council, may hear further written or oral testimony on behalf of the objecting property owner and may consider further written or oral testimony from appropriate city officials and other witnesses as to the amount of the assessment.