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AGENDA RECOMMENDATION |
Consent Calendar 5.O.
City Council Regular Meeting
- Meeting Date:
- 10/14/2025
Agenda Item:
Resolution setting the date of hearing for proposed assessment for Capital Improvement Project 11084; Victory Drive Signal and Lighting Improvements Project.
Recommendation/Action(s):
Adoption of the attached resolution.
Summary:
Engineering is ready to proceed with the final assessment process for the Capital Improvement Project – 11084; Victory Drive Signal and Lighting Improvement Project.
A preliminary assessment hearing was conducted for this project on November 12, 2024, in the Council Chambers of the Intergovernmental Center in Mankato, Minnesota. At the hearing, there were no objections, the project was ordered and the preliminary assessment roll was adopted. The City’s past practice has been to conduct a second final assessment hearing using the actual costs of the project and send 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 November 10, 2025, 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 2026, 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, 2026. To each subsequent installment, when due, interest shall be added 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 call to active 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 municipal clerk prior to the 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.
A preliminary assessment hearing was conducted for this project on November 12, 2024, in the Council Chambers of the Intergovernmental Center in Mankato, Minnesota. At the hearing, there were no objections, the project was ordered and the preliminary assessment roll was adopted. The City’s past practice has been to conduct a second final assessment hearing using the actual costs of the project and send 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 November 10, 2025, 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 2026, 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, 2026. To each subsequent installment, when due, interest shall be added 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 call to active 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 municipal clerk prior to the 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.