(Published in the Brainerd Dispatch, September 30, 2020, 1t.
(Published in the Brainerd Dispatch, September 30, 2020, 1t.)
NOTICE OF HEARING ON
PROPOSED ASSESSMENT
TO WHOM IT MAY CONCERN:
Notice is hereby given that the City Council of Brainerd, Minnesota will meet virtually via Webex teleconference, conference dial in phone number 1-844-992-4726: meeting access code 146 367 0860 at 7:30 p.m. on October 19, 2020, to pass upon the proposed assessment for the following improvements:
IMPROVEMENT 16-09
Street Reconstruction - Grading, Aggregate Base, Storm Sewer, Concrete Curb and Gutter, Bituminous Trail and ADA Improvements
Buffalo Hills Lane from Greenwood Street to Mississippi Drive
IMPROVEMENT 19-07
Street Reconstruction - Grading, Aggregate Base, Storm Sewer, Concrete Curb and Gutter, Bituminous Trail and ADA Improvements
Mississippi Drive from Buffalo Hills Lane to Dead End
The proposed assessment role is on file for public inspection at the City Administrator's Office and the City Engineer's Office.
The total cost for the improvements is estimated $1,854,910 of which $381,817 is proposed to be assessed.
Written or oral objections will be considered at the meeting. No appeal may be taken as to the amount of any assessment unless a signed, written objection is filed with the City Administrator prior to the hearing or presented to the presiding officer at or before 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 owners as it deems advisable.
The amount to be specifically assessed against your particular lot, piece or parcel of land is shown on the attached enclosure. 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 this assessment. You may at any time thereafter pay to the County Auditor the entire amount of the assessment remaining unpaid with interest accrued to December 31 of the year in which the 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 pre-pay the assessment before the date given above, the rate of interest that will apply is one and six-tenths percent (1.6%) per year. The right to partially prepay the assessment pursuant to Section 315 of the Brainerd City Code is available. Further, pursuant to Ordinance 974 deferred assessments may be granted by the City Council where a financial hardship exists and pursuant to Resolution No. 4988, and any amendments thereto, the City Council may defer a special assessment for needy persons. If you feel that you might qualify for such deferments, please discuss this with the City Administrator at your earliest convenience.
The assessments will be spread over a period of ten (10) years.
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 the 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 hearing will be tape-recorded.
6.At the close of the presentation of evidence, the objector and the City may make final presentations 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 the District Court pursuant to Minnesota Statutes Section 429.081 by serving notice of the appeal upon the Mayor or Administrator of the City within thirty (30) days after the adoption of the assessment, and by filing such notice with the District Court within ten (10) days after the service upon the Mayor or City Administrator.
Dated this 22nd day of September 2020
Jennifer Bergman
City Administrator
Any individual needing special accommodations please call 828-2307.