Publish September 27, October 4, 2013
NOTICE OF HEARING ON
PROPOSED ASSESSMENT FOR PHASE IV, PART 1, ORDERLY
September 27, 2013
TO WHOM IT MAY CONCERN:
Notice is hereby given that the Alexandria City Council will meet at 7:30 p.m. on Tuesday, October 15, 2013, in the Council Chambers in the Alexandria City Hall, 704 Broadway, to consider and possibly adopt the proposed assessment against abutting properties for the Phase IV, Part 1 Orderly Annexation Area waterline project including Bay Cliff Lane, South Le Homme Dieu Drive from the intersection with Bay Cliff Lane to the intersection with East Golf Course Road (County Road 70), East Golf Course Road (County Road 70) from the intersection with Fairway Lane to the intersection with South Le Homme Dieu Drive, South Le Homme Dieu Drive (County Road 70) from the intersection of East Golf Course Road to the intersection of McKay Avenue ,Van Avenue, Boys Avenue, Berg Avenue, Fluegel Lane, Le Homme Dieu View, Cherry Lane Court, Parkview Road, Cherry Lane, McCauley Lane, Brigitta Drive, Skyline Drive, Scenic Drive. Ridgeview Terrace north of Scenic Heights Road, Meadow Lane, Scenic Heights Road, Floding Circle Drive, White Oaks Circle, Whispering Oaks Drive, Royal Court, Royal Drive, McKay Avenue (County Road 70) from the intersection of Cranberry Lane to the intersection with South Le Homme Dieu Drive, Bay Lane, and Tolena Road south of the intersection with Bay Lane. Adoption by the Alexandria City Council of the proposed assessment may occur at the hearing.
Such assessment is proposed to be payable in equal annual principal installments extending over a period of ten (10) years, and will bear interest at a rate of 5 (five) percent per annum. 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 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 anytime 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 1 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 5 percent per year. The right to partially prepay the assessment is not available.
The proposed assessment roll is on file for public inspection at the City Clerks office. The total amount of the proposed assessment for all affected properties is $2,450,160. Written or oral objections will be considered at the meeting. 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 City Clerk prior to the assessment hearing or presented to the presiding officer at the hearing. The City 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 owners as it deems advisable.
Under Minnesota Statutes 435.193 to 435.195 and City Resolution No. 03-57, the City Council may, in its discretion, defer the payment of this special assessment for any homestead property owned by a person 65 years of age or older for whom it would be a hardship to make the payments. When deferment of the special assessment has been granted and is terminated for any reason provided in that law and Resolution No. 03-57, all amounts accumulated plus applicable interest become due. Any assessed property owner meeting the requirements of this Resolution No. 03-57, may, within 30 days of the confirmation of the assessment, apply to the City Clerk for the prescribed form for such deferral of payment of this special assessment on the affected property.
If an assessment is contested or there is an adjourned hearing, the following procedure will be followed:
1. The City will present its case by first 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 Citys witnesses will be followed with the objectors 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 City Council as to the weight of items of evidence or testimony presented to the City Council.
5. The entire proceedings will be recorded.
6. At the close of presentation of evidence, the objector may make a final presentation to the City 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 and will prepare written findings concerning the amount of the assessment.
The City Council may adopt the proposed assessment at the hearing. An owner may appeal an assessment to district court pursuant to Minnesota Statutes 429.081 by serving notice of appeal upon the Mayor or City 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 City Clerk.
Martin D. Schultz