2009-08-26 Handouts @ Mtg. - Laserfiche WebLink

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1. Under Minn. Stat. 1i 429.061, an assessment hearing generally must be held. According to the statute, a city must publish a notice in the newspaper at least once, not less than two weeks prior to the assessment hearing. A city must also mail a notice to each affected property owner at least two weeks prior to the assessment hearing. 2. If a property owner attends the public hearing, objects to the special assessment to be certified on his or her property, and the special assessment is spread anyway, the property owner may appeal to the district court with the knowledge that failure might mean paying court costs. Per Minn. Stat. 1i 429.061, subd. 2, if the property owners fail to object at the public hearing, they waive their right to appeal. We reviewed affidavits of publication and mailing for notice of hearings for the City of Centerville's "429 projects" for the period January 2005 through November 2008. Based on this review, we have concluded that proper notice of the public hearings was given when required, in accordance with Minn. Stat. ch. 429. The decision to use special assessments for all or part of the costs of an improvement is a matter of discretion for the City Council. Tax Increment Financinl! ITIF) The petitioners were concerned about the establishment of a specific tax increment financing district relating to Northern Forest Products, LLC. Specific concerns included whether the TIF district has ended or was it extended, and whether taxes captured were used appropriately, and were any of the tax increments received used to fund private developers' costs. We reviewed the adopted TIF plan, Anoka County property tax records, and reports filed by the City of Centerville with the TIF Division of the OSA. The following items were noted. 1. The City Council adopted a TIF District 1-5 plan on December 22, 1997. 2. Anoka County tax records indicate the parcel ID included in TIF District 1-5 identified Northern Forest Products, LLC, as the owner of the parcel. 3. TIF reports for TIF District 1-5, completed by the City of Centerville and filed with the TIF Division of the OSA, indicate only a small amount of tax increment revenue was ever received, and TIF District 1-5 was decertified in 2002. Since TIF District 1-5 was decertified in 2002 and there was a minimal amount of tax increments received, we did not address the use of these tax increment funds. Page 7