Hearing on Proposed Assessment

NOTICE OF HEARING ON PROPOSED ASSESSMENT
WILD WIND RANCH DRIVE (PROJECT AREA #1)
RUSHMOOR BOULEVARD AND RUSHMOOR TRAIL (PROJECT AREA #2)
BIRCH NARROWS ROAD (PROJECT AREA #4)

TO WHOM IT MAY CONCERN:

Notice is hereby given that the City Council will meet at 6:00 pm on September 14, 2022 at City Hall to consider, and possibly adopt, the proposed assessment for road and drainage improvements to:

Project Area #1 Wild Wind Ranch Drive from the intersection with CSAH 103 to the end of the city-maintained portion of the street. Adoption by the Council of the proposed assessment may occur at the hearing. The area proposed to be assessed is the abutting and benefiting properties to/from Wild Wind Ranch Drive. The total amount of the proposed assessment is $48,000.

Project Area #2 Rushmoor Boulevard and Rushmoor Trail from the intersection with CSAH 16 to the end of the city-maintained portion of each leg of the streets. Adoption by the Council of the proposed assessment may occur at the hearing. The area proposed to be assessed is the abutting and benefiting properties to/from Rushmoor Boulevard and Rushmoor Trail.   The total amount of the proposed assessment is $156,000.

Project Area #4 Birch Narrows Road from the intersection with CSAH 3 to the end of the city-maintained portion of the street. Adoption by the Council of the proposed assessment may occur at the hearing. The area proposed to be assessed is the abutting and benefiting properties to/from Birch Narrows Road.  The total amount of the proposed assessment is $182,000.

Such assessment is proposed to be payable in equal annual installments extending over a period of fifteen years, the first of the installments to be payable on or before the first Monday of January 2023, and will bear interest at the rate of 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, 2023. 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 Administrator. No interest shall be charged if the entire assessment is paid within 30 days from the adoption of the assessment. You may at anytime thereafter, pay to the County Auditor the entire amount of the assessment remaining unpaid, with interest accrued to December 31st of the year in which such payment is made. Such payment must be made before November 15th or interest will be charged through December 31st 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 5 percent per year.

The proposed assessment roll is on file for public inspection at the City Administrator’s office. 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 any objection to the amount of a proposed individual assessment at an adjourned meeting upon such further notice to the affected property owner as it deems advisable.

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 the items of evidence or testimony presented to the Council.
5. The entire proceedings will be recorded.
6. At the close of presentation of evidence, the objector may make 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 Administrator 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 Administrator.

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Meeting ID: 874 9780 4539
Passcode: 357280