HomeMy WebLinkAbout[06] Public Hearing - Liberty Pointe ReassessmentCITY t3F ST. J(Ab PH
MEETING DATE:
AGENDA ITEM:
Council Agenda Item 6
July 21, 2011
Public Hearing, Special Assessment Re- allocation, Liberty Pointe
SUBMITTED BY: Administration
BOARD /COMMISSION /COMMITTEE RECOMMENDATION:
PREVIOUS COUNCIL ACTION: In 2010 the City Council assessed the Liberty Pointe Common area for the 16th
Avenue SE Improvements. Homeowners requested that the assessment be reallocated on individual lots allowing
property owners to reduce their assessment by paying in 2011, saving future interest payments.
BACKGROUND INFORMATION: Once a special assessment is adopted there is no provision to re- allocate
without going through the public hearing process. As the City had completed the statutory requirements at the
time of the initial assessment, the City Attorney advised that the Council should require waivers from the residents
to re- allocation. By signing the waivers, the residents agreed not to contest the benefit or amount. Attached with
the request is a listing of all the impacted properties and whether they waived their rights or not.
The process to object to the assessment is outlined by MN Statute 429 and the property owner need to file a
written objection before or at the hearing and then perfect the objection as indicated on the attached notices.
After the public hearing the Council would adopt the re -vised assessment role and residents would then have 30
days to pay the remaining balance or any portion without interest added. Any balance remaining after 30 days is
forwarded for attachment to the individual properties and the assessment to the common lot will be removed.
BUDGET /FISCAL IMPACT: Potential increase of fund balance due to pre -pays
ATTACHMENTS: Request for Council Action ............................. ............................... 6:1 -2
Resolution 2011 -016 Adopting Re- allocated assessment ....... 6:3
WaiverForm ..................................................... ............................... 6:4
HearingNotice ................................................. ............................... 6:5 -8
REQUESTED COUNCIL ACTION: Authorizing the Mayor and Administrator to execute Resolution 2011 -016 re-
allocating the 201016th Avenue Assessment.
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City of St. Joseph
RESOLUTION 2011 -016
RESOLUTION ADOPTING FINAL ASSESSMENTS
Re- allocation of 201016th Avenue SE Improvements [Liberty Point Association]
WHEREAS, pursuant to proper notice duly given as required by law, the council has met and heard and
passed upon all objections to the proposed revised assessment of the cost of the Improvement No. SEH
No. STJOE 11062, improving 16th Avenue SE between a point 100 -feet south of Dale Street East and
Minnesota Street East by constructing grading, storm sewer, bituminous street with concrete curb and
gutter, and turf improvements.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ST. JOSEPH, MINNESOTA:
1. Such proposed assessment, a copy of which is attached hereto and made a part hereof, is hereby
accepted and shall constitute the special assessment against the lands named therein, and each
tract of land therein included is hereby found to be benefited by the proposed improvement in the
amount of the assessment levied against it.
2. Such assessment shall be payable in equal annual installments extending over a period of 14 years,
the first of the installments to be payable on or before the first Monday in January of 2012, and will
bear an interest rate of 5.5 percent per annum from the date of the adoption of the assessment
resolution. The first installment will have an added interest on the entire assessment from the date
of the assessment resolution until December 31, 2011. An interest for one year on all unpaid
installments shall be added to each subsequent installment when due.
The owner of any property so assessed may, at any time prior to certification of the assessment to
the County Auditor, pay the whole of the assessment on such property, with interest accrued to the
date of payment to the City Administrator except that no interest shall be charged if the entire
assessment is paid no later than August 26, 2010; and he may, at any time thereafter, pay to the City
Administrator, the entire amount of the assessment remaining unpaid, with interest accrued to
December 31 of the year in which such payment is made. Such payment must be made before
November 15 or interest will be charged through December 31 of the next succeeding year.
4. The City Administrator shall forthwith transmit a certified duplicate of this assessment to the County
Auditor to be extended on the property tax lists of the County. Such assessments shall be collected
and paid over in the same manner as other municipal taxes.
Adopted by the council this 21st day of July 2011.
Rick Schultz, Mayor
Judy Weyrens, City Administrator
44
RECEIVED
Agreement of Reassessment and Waiver of Appeal JAN 13 7011
THIS AGREEMENT, is made this _ day of January, 2011, between the City of Saint Joseph; -EPH
State of Minnesota, hereinafter referred to as the City, and Catherine Brockway of Steams
County, State of Minnesota, hereinafter referred to as Owner.
WHEREAS, in July 2010, the City adopted a final assessment for the 201010 Avenue SE
Improvements and specifically assessed Lot 7 Block 1, Liberty Pointe 2nd Addition in the amount
of $9,038.54. Lot 7 constitutes a common element within Liberty Pointe;
WHEREAS, representatives of the Liberty Pointe Homeowners Association requested that the
City conduct a reassessment of the 2010 16a' Avenue SE Improvements and render them against
the individual land owners, rather than the Common Elements of Liberty Pointe;
WHEREAS, the owner is the owner of 1605 Dale Street E. Lot 20 Block 1. Libety Pointe:
NOW THEREFORE, the City and Owner agree to this requested reassessment in accordance
with Minn. Stat. § 469.71, and the terms and conditions set forth below:
1. Reassessment: Owner requests a reassessment as provided under Minn. Stat. § 469.71 of
the 2010 1 e Avenue SE Improvements in order to render the cost against Owner's
Property individually, rather than the Common Elements of Liberty Pointe.
2. Waiver
a. Owner expressly waives the City's obligation to comply with the notice requirement
provided in Minn. Stat. § 469.061. This Agreement will serve as notice.
b. Owner expressly waives objection to any irregularity with regard to the said
reassessment and any claim that the amount thereof levied against Owner's property
is excessive, together with all rights to appeal in the courts.
The following individuals have hereunto set his/her hand, the day and year first above written.
City of St. J ("City')
Signature( 114-& Sur
Name:
Title: 1YI A Y p (Z
Owner($)
Signature: a4 :2AXkJ;9kj_
Nam: ,a a . C y
Signature:
Name:
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CITY OF ST. JOSEPH
www. cityof stjoseph.com
City of St. Joseph
Assessment Hearing
Written or oral objections will be considered at the meeting. No appeal 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 Administrator prior to the assessment hearing or presented to
the presiding officer at the hearing. The Council may upon such notice consider objection to
the amount of a proposed individual assessment at an adjourned meeting upon such further
notice to the affected property owners, as it deems advisable.
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 City Administrator 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 City.
Judy Weyrens
Administrator
Publish: July 1, 2011
z; College Avenue North • PO Box 668 • Saint Joseph, Minnesota 56374
Phone 3zo.363.7z01 Fax 3zo.363.034z
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Notice is hereby given that the Council will meet at 7:05 p.m. on Thursday, July 21, 2011 in
Administrator
the St. Joseph City Council Chambers to consider, and possibly adopt, the revised assessment
ludy Weyrens
of the cost of Improvement No. SEH No. STJOE 11062, improving 16 Avenue SE between a
point 100 -feet south of Dale Street East and Minnesota Street East by constructing grading,
storm sewer, bituminous street with concrete curb and gutter, and turf improvements.
Mayor
Adoption by the Council of the proposed re- assessment may occur at the hearing.
Rick Schultz
The proposed revised assessment role is on file for public inspection at the City
Administrator's Office. The total assessment to be reallocated is $ 9,685.88 of which
Councilors
$ 322.86 is proposed to be re- assessed against benefiting properties within the Liberty Pointe
Steve Fronk
Homeowners Association. The City has previously assessed the amount stated above to the
Bob Loso
common ground and at this time is re- assessing the assessment to the same properties
Renee Symonietz
within the common ground. Therefore the same assessment is being divided equally among
Dale Wick
all properties with common area.
Written or oral objections will be considered at the meeting. No appeal 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 Administrator prior to the assessment hearing or presented to
the presiding officer at the hearing. The Council may upon such notice consider objection to
the amount of a proposed individual assessment at an adjourned meeting upon such further
notice to the affected property owners, as it deems advisable.
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 City Administrator 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 City.
Judy Weyrens
Administrator
Publish: July 1, 2011
z; College Avenue North • PO Box 668 • Saint Joseph, Minnesota 56374
Phone 3zo.363.7z01 Fax 3zo.363.034z
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CITY OF ST. JOSEPH
WWW. cltyof stioseph.com
CITY OF ST. JOSEPH
PUBLIC HEARING
TO WHOM IT MAY CONCERN:
Administrator
Judy Weyrens Notice is hereby given that the Council will meet at 7:05 p.m. on Thursday, July 21, 2011 in
the St. Joseph City Council Chambers to consider, and possibly adopt, the revised
assessment of the cost of Improvement No. SEH No. STJOE 11062, improving 16th Avenue SE
Mayor between a point 100 -feet south of Dale Street east and Minnesota Street East by
Rick Schultz constructing grading, storm sewer, bituminous street with concrete curb and gutter, and
turf improvements. Adoption by the Council of the proposed re- assessment may occur at
Councilors the hearing.
Steve Frank
Bob Loso The amount to be specially assessed against your particular lot, piece, or parcel of land is
Renee Symanietz $ 322.86. Such assessment is proposed to be payable in equal annual installments extending
Dale Vick over a period of 14 years, the first of the installments to be payable on or before the first
Monday in January 2012 and will bear interest at the rate of 5.5 percent per annum from
the date of the adoption of the assessment resolution. To the first installment shall be
added interest on the entire assessment from the date of the assessment resolution until
December 31, 2011. To each subsequent installment when due shall be added interest for
one year on all unpaid installments.
You may at any time prior to certification of the assessment to the county auditor, pay the
entire assessment on such property, with interest accrued to the date of payment, to the
City Clerk. No interest shall be charged if the entire assessment is paid within 30 days from
the adoption of this assessment. You may at any time thereafter, pay to the City Clerk the
entire amount of the assessment remaining unpaid, with interest accrued to December 31
of the year in which such payment is made. Such payment must be made before November
15 or interest will be charged through December 31 of the succeeding year. If you decide
not to prepay the assessment before the date given above the rate of interest that will apply
is six percent per year. The right to partially prepay the assessment according to Ordinance
No. 37 is available.
The proposed assessment role is on file for public inspection at the City Administrator's
Office. The 2011 Assessment to be re- assessed is $ 9,685.88 of which $ 322.86 is proposed
to be assessed against each of the benefiting properties. Written or oral objections will be
considered at the meeting. No appeal 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
Administrator prior to the assessment hearing or presented to the presiding officer at the
hearing. The Council may upon such notice consider objection to the amount of a proposed
individual assessment at an adjourned meeting upon such further notice to the affected
property owners, as it deems advisable.
zs College Avenue North . PO Box 668 . Saint Joseph, Minnesota 56374
t:7
Phone 3z0.363.72 0 i Fax 32o.363.o342
If an assessment is contested or there is an adjourned hearing, the following procedure will be followed:
1. The city will present its case first by calling witnesses who may testify by narrative or by
examination, and by the introduction of exhibits. After each witness has testified, the contesting
party will be allowed to ask questions. This procedure will be repeated with each witness until
neither side has further questions.
2. After the city has presented all its evidence, the objector may call witnesses or present such
testimony as the objector desires. The same procedure for questioning of the city's witnesses will
be followed with the objector's witnesses.
3. The objector may be represented by counsel.
4. Minnesota rules of evidence will not be strictly applied; however, they may be considered and
argued to the council as to the weight of items of evidence or testimony presented to the council.
5. The entire proceedings will be tape- recorded (video- taped).
6. At the close of presentation of evidence, the objector may make a final presentation to the council
based on the evidence and the law. No new evidence may be presented at this point.
7. The council may adopt the proposed assessment 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.
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