Agenda - Council - 10/14/1997 - Laserfiche WebLink

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CASE REVIEW REQUEST FOR DEFERRAL OF SPECIAL ASSESSMENTS: CASE OF ART RAUDIO By: Bill Goodrich, City Attorney and Jessie Hart, Finance Officer Background: Mr. Art Raudio approached the City Council at their regular meeting on September 23, 1997 and presented a request to defer existing levied assessments on two parcels adjacent to State Highway 47 near the intersection with County Road 5. Mr. Raudio stated that he has addressed this use in the past but no record of this request had been found to verify this, although the conversations could have taken place outside of a Council meeting and not documents. The assessments were levied in conjunction with projects related to several phases of the Rivers Bend additions (sewer and water extensions and roadway improvements). The parcels in question have a long history of changing PIN numbers due to the development of the Rivers Bend addition. In 1988, during one of the splits for Rivers Bend Third Addition, an error at the County dropped $93,161.86 of assessments that should have remained on the unimproved parcel (Amoco station development parcel was paid). This error was discovered in early 1994 and, at the County's direction and upon Council approval, was re-certified with no penalty for the remainder of the life of the assessment (no interest was charged for the time the assessment did not appear on the County rolls). A copy of the resolution re-certifying the assessments is attached. Under state statutes the City has the ability to defer assessments on undeveloped land for specified reasons. After some research, and based on an Attorney Generals opinion on deferrals, the City cannot defer an assessment after the first installment has been paid. However, the City does have the ability to abate assessments and re-certify with deferral stipulations. M.S. 429.071, subd. 2 provides that in the event the Council finds that the assessment or any part thereof is excessive, the Council may, upon notice and hearing as provided for the original assessment, make a reassessment or a new assessment as to such parcel or parcels. The two properties, PIN #25-32-25-43-0059 and PIN #25-32-25-31-0005 should really be addressed as two separate issues due to the tax status of each. I will address each of them separately based on conversations with Anoka County. PIN ~25-32-25-31-0005 The County has determined the market value of this property to be $35,000.00. The annual principal amount of the assessments on this property total $16,235.21 (does not include interest) and is