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Mankato council approves reduced special assessment for Grace Lutheran after appraisal review

5601452 · January 27, 2025
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Summary

After a continued public hearing and an independent appraisal, the Mankato City Council approved a lowered special assessment totaling $47,615.84 for parcels affiliated with Grace Lutheran Church and directed staff to change policy to use the lesser of policy-based or appraiser-determined benefit calculations going forward.

The Mankato City Council on Jan. 27 approved a revised special assessment of $47,615.84 for parcels related to the Fourth Street reconstruction project tied to Grace Lutheran Church, following a continued public hearing and a staff recommendation to adopt the lesser of the city’s policy-based assessment or an independent appraiser’s special-benefit determination.

Members of Grace Lutheran and the church’s representatives urged the council to reduce the assessment, saying the work did not increase the church’s property value and that the original feasibility-based charge of $82,092.96 exceeded the special benefit. "The special assessment cannot exceed the amount by which the property benefits from the improvement," said Sheena Jewison, who read a letter from church members and said the sidewalks were narrower after the work and that building damage occurred during construction.

City staff told the council they hired a certified appraiser to measure special benefit for the affected parcels. In one example staff cited, the appraiser estimated a special benefit of $8,366 for a parcel while the city’s policy-based allocation would have been $6,112.92; staff recommended using the lesser of the two for each parcel. The staff-presented recommended total was $47,615.84, reduced from the prior policy allocation of $82,092.96.

City Manager Arndt and interim public works staff explained the process that led to the appraisal and recommended that the council modify the city’s special assessment policy to include the appraisal step going forward. The city attorney told the council that Minnesota special-assessment law (chapter 429, section 429.061 as cited in the hearing) is well litigated and allows municipalities to assess property owners for improvements, and that assessments must be supported by an analysis showing the benefit meets or exceeds the charge. The attorney also advised that churches are not categorically exempt from assessments and that utilities or subsurface improvements can factor into special-benefit analyses.

During the public hearing, Reverend John Ollegard and church members described damage and loss of functional area at the property and disputed that the work increased market value. Church representatives noted precedent in prior local assessment adjustments and the difficulty of finding comparable church sales for appraisals.

Council members asked staff and the appraiser about methodology, parcel-level allocations of utilities and driveway charges, and whether the appraiser had full knowledge of pre- and post-construction conditions (the appraiser told a church representative he had not known sidewalks were reduced by 12 inches). Council discussion also covered fairness, precedent and legal risk if the city departed from statutory standards. The council asked staff to clarify how utility and driveway costs were assigned among multiple parcels with common ownership.

After discussion, Council member Hatemba moved to approve the updated recommended assessment of $47,615.84; the motion was seconded and adopted by the council. The resolution approved by the council incorporated the updated assessment into the prior assessment roll as the final per-parcel assessment.

The council and staff indicated they will change the special-assessment process for similar projects going forward to ensure a front-end appraisal or comparable special-benefit review and to apply the lesser of the policy-based assessment or the appraiser’s determination.

Votes at a glance: The council approved the resolution adopting the $47,615.84 assessment by voice vote; the official roll-call tallies for individual members were not recorded in the public transcript excerpt.

Details: Prior city feasibility study allocation for the affected parcels totaled $82,092.96; staff recommended the reduced total of $47,615.84 after the appraiser’s analysis and the policy-based comparison. One parcel’s appraiser-calculated special benefit was cited as $8,366 while the policy formula would have produced $6,112.92 on that parcel. The city paid $3,750 for the independent appraisal, which the city classified as private data in part.

The council closed the hearing after the vote. Staff will return with a proposed policy change to make the appraisal/benefit comparison routine on similar projects.