09.03 - Request to Petition for Improvements to North Sluetter Road

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RELEVANT LINKS: See Section II-G-3-a:Council If the property owner elects not to pay the entire amount of the assessment at decides interest on special assessments. once, he or she may pay it in annual installments spread over the number of years the council has allowed. As noted previously, postponement of payment may require city borrowing to pay for the improvement so the city must add an interest charge to each year's assessment payment. Minn.Stat.§462.353,subs. As an added collection tool, a city may require payment of all delinquent 5. assessments before granting a building permit, a conditional use permit, variance, or a zoning change. The city must notify residents of this requirement in an ordinance or in the application materials used to request such a change or permit. B. Postponed assessments Minn.Stat.§429.051. Postponed assessments occur when a city pays the cost of a local Minn.Stat.§429.052. improvement, and delays assessing one or more benefited properties. Postponed assessments are not generally a good idea as they are not liens against the property and the city may not recoup what has already been spent on a project. If a city wishes to eventually reimburse itself for improvement costs by applying postponed assessments, those assessments may only be collected if 1) the property was not previously assessed for the project, and 2) the property owners were provided notice and hearing at the same time as those whose assessments were not postponed. A successful appeal of the assessment leaves the city with less money to pay for the completed project. Given that concern, there are certain situations where the council may postpone the assessment of the cost of water, storm sewer, sanitary sewer, and street construction or road improvements until a later date. Such situations include: Minn.Stat.§429.051. • Property is unplatted and undeveloped; the owner will subdivide or otherwise make it available for building sites in the future. • The city cannot immediately use a trunk main because of the absence of laterals. Minn.Stat.§429.052. Street or road improvements may be completed outside the city's jurisdiction with the consent of either the affected townshi or if the ro ert is located in unor anized territory, the county) This would likely only make sense if the land was soon to be annexed. And as above, these postponed assessments cannot be collected unless the property eventually being assessed was given the notice and hearing of the improvements at the time the improvement was ordered (provided under section 429.031), and subsequently in accordance with the notice, hearing, and appeal rights (provided for under sections 429.061 and 429.081). Information Memo: Page 26