7.2 SR 09-07-2021 - Laserfiche WebLink

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Attached is a proposed resolution adopting the assessment roll, along with the assessment roll. If adopted, the proposed resolution outlines the proposed assessment details stating the assessment shall be payable in equal annual installments extending over a period of two years, as detailed on the assessment roll, the first of the installments to be payable on or before May 15, 2022. Assessments shall bear interest at the rate of two percent per annum from the date of adoption of the assessment resolution. To the first installment shall be added interest on the entire assessment from the date of the resolution until December 31, 2022. To each subsequent installment, when due, shall be added interest for one year on all unpaid installments. Process Per the special assessment process set forth in Minnesota Statutes, Chapter 429, this is a public hearing. Property owners were notified of this public hearing as published in the Elk River Star News and received a direct mailing at least two weeks prior to this meeting. At this hearing, property owners may object to the assessment. Property owners who file a written objection to the assessment prior to or at the public hearing have 30 days to serve a notice of appeal on the city appealing the assessment to district court. Property owners may pay the assessment upfront or over a set period with additional fees. These details were provided to the affected property owners in the notification of the public hearing via direct mail. The mayor should open the public hearing and state:  The purpose of this hearing is to take testimony on the proposed assessments;  The City Council will hear, consider, and pass upon all objections to the proposed assessments, whether presented orally or in writing; and  An owner may appeal an assessment to the district court, but only if:  A written objection signed by the property owner has been filed with the city clerk prior to the hearing or presented to the mayor at this hearing; and  A notice of appeal to district court is served on the mayor or city clerk withing 30 days of adoption of the assessment and filed with the district court within 10 days of service upon the mayor or city clerk. The Council should then take testimony and receive written objections from all who wish to testify and/or file a written objection. At the conclusion of all testimony, the Council should close the public hearing and consider and pass on all objections, whether presented orally or in writing, including written objections filed with the city clerk prior to the hearing. Each objection should be considered and acted on individually by motion. If the Council finds, after consideration of an objection, that the property has been appropriately included in the assessment area, that the Residential Equivalent Unit assigned to the property is appropriate, and that the property will be benefited by an amount equal to or in excess of the proposed assessment, the Council should adopt a motion along the lines of: Move to deny the objection of ____________ to the proposed assessment of the property located at ______________on the grounds that the property has been appropriately included in the area to be assessed, the Residential Equivalent Unit assigned to the property is appropriate and that the property will be benefited by an amount equal to or in excess of the proposed assessment. If the Council determines to uphold one or more objections, the Council may amend the proposed assessment as to any parcel or parcels by motion, and adjourn the hearing to a specific date, time, and place for adoption by resolution of an amended assessment roll. Financial Impact LORE project budget N:\\Public Bodies\\Agenda Packets\\09-07-2021\\Final\\Laserfiche\\x7.2 sr LORE Adoption of Assessment with Resolution.docx