HomeMy WebLinkAboutResolution No. 2016-10Suggested by: City Council
CITY OF KENAI
RESOLUTION NO. 2016 -10 (SUBSTITUTE)
A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, CONFIRMING AN
AMENDED ASSESSMENT ROLL ON THE VIP DRIVE LID STREET IMPROVEMENT
SPECIAL ASSESSMENT DISTRICT.
WHEREAS, on May 20, 2014 the City Council passed Resolution 2014 -37, setting a date
for holding a public hearing on the proposed VIP Drive Special Assessment District; and,
WHEREAS, on July 16, 2014 the City Council passed Resolution 2014 -50, directing the
continuation of the project and designating the improvements to be included and
directing the City Manager to file an assessment roll with the City Clerk; and,
WHEREAS, on February 3, 2016 the Council passed Resolution 2016 -04, setting the time
and place for a public hearing on the assessment district; and,
WHEREAS, at the public hearing held on March 16, 2016 public testimony indicated some
property owners may not have received all the required notices, though publication was
also made in the Peninsula Clarion; and,
WHEREAS, after the public hearing and postponement of Resolution 2016 -10, meetings
were held with affected property owners and administration supports the proposal of the
property owners to reduce the special assessment cost to $2,660 per property with an
interest rate of zero for the first five years if one parcel is owned or ten years if two parcels
are owned by the same owner; and,
WHEREAS, the City Council finds it to be in the best interest of the City given the
particular circumstances of this Special Assessment District to amend the Assessment
Roll to reflect the assessment proposal provided by the property owners and supported by
the Administration; and,
WHEREAS, a public hearing has been held on the final assessment roll for the VIP Drive
LID Street Improvement Special Assessment District; and,
WHEREAS, Council found the amended assessment roll to be proper.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA,
Section 1: That the amended assessment roll attached to this Resolution is
confirmed by the Council.
Section 2: That assessments as identified on the assessment roll shall be levied
against the properties in the Assessment District and are to be used to repay the General
Fund.
Section 3: That payments shall be fixed over a five to ten -year payment schedule
with no interest the first five to ten years as follows: a ten percent (10 %) annual rate of
interest will apply if timely payments are not made after five years for single lot owners
and ten years for owners owning two or more lots. Assessments of less than $5,000 shall
be repaid in five (5) equal annual installments and assessments of $5,000 or more shall be
repaid in ten (10) equal annual installments. If a property owner owns more than one lot
in an improvement district, the total assessment of all lots shall determine the repayment
schedule. The first annual installment would be due on July 1, 2016.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 20th day of April,
2016.
PAT PORTER, MAYOR
u
"ViIllaye with a Past, C with a Fature"
210 Fidalgo Avenue, Kenai, Alaska 99611 -7794
Telephone: 907 - 283 -7535 / FAX: 907 - 283 -3014 llllll
1992
MEMO*
TO: City Council
FROM: Rick Koch
DATE: April 15, 2016
SUBJECT: Resolution 2016 -10 (Substitute), VIP Drive Special Assessment
District
The purpose of this correspondence is to recommend Council adoption of substitute
Resolution 2016 -10.
At the March 16, 2016 Council meeting, public testimony was received to the effect that
certain property owners had not been notified of the public hearing when the special
assessment district was formed on July 16, 2014.
Administration reviewed the process and found notices to property owners had been
mailed to physical addresses. For certain property owners, their mailing addresses were
different than their physical address, therefore, I found it reasonable to assume that
certain property owners had not been notified as required by Kenai Municipal code.
I held several meetings with the affected property owners and a compromise was
reached, the conditions of which are included in this resolution.
I believe this to be a fair compromise for both the affected property owners, and the City
of Kenai.
Thank you for your attention in this matter.
�IZFSI�� -sue
Suggested by: City
CITY OF KENAI
RESOLUTION NO. 2016 -10
A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, CO FIRMINU
THE ASSESSMENT ROLL ON THE VIP DRIVE LID STREET IMPROVEM T SPECIAL
ASSESSMENT DISTRICT.
WHEREAS, a public hearing has been held on the final assessmen oll for the VIP
Drive LID Street Improvement Special Assessment District; and,
WHEREAS, Council found the assessment roll to be proper.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL THE CITY OF KENAI,
ALASKA,
Section 1: The assessment roll attached to s Resolution is confirmed by the
Council.
Section 2: Assessments as identified o e assessment roll shall be levied
against the properties in the Assessment Dist ' t and are to be used to repay the
General Fund.
Section 3: Payments shall be fix over a ten to fifteen-year payment
schedule with a ten percent (10 %) annu rate of interest. Assessments of less than
$10,000.99 shall be repaid in ten (10) ual annual installments and assessments of
$10,001.00 or more shall be repaid' fifteen (15) equal annual installments. A
property owner that owns more th one lot in an improvement district, the total
assessment of all lots shall dete me the repayment schedule. The first annual
installment would be due on M 15, 2016. As an inducement to pay earlier, the
Council will be requested to a ept payments in full with no interest if received by May
15, 2016.
PASSED BY THE COUNCIOF THE CITY OF KENAI, ALASKA, this 6th day of April,
2016. /
PAT PORTER, MAYOR
ATTEST:
Sandra ModAh, CMC
City Clerk
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MEMO:
"'Village with a Past, C# with a Future"'
210 Fidalgo Avenue, Kenai, Alaska 99611 -7794
Telephone: 907 - 283 -7535 / FAX: 907 - 283 -3014 �III�I
1992
TO: Mayor Porter and City Council Members
FROM: Sandra Modigh, City Clerf�`
DATE: March 9, 2016
SUBJECT: VIP Drive Special Assessment District— Confirming Assessment
Roll and Fixing Payment, Resolution No. 2016 -10
Pursuant to Kenai Municipal Code Title 16, at this public hearing an owner of the
property to be assessed shall have the right to present their objections to the
assessment roll by showing errors and inequalities in the assessment roll and by
submitting any reason for amendment and correction of the assessment roll.
After the public hearing, Council may correct any error or inequality in the assessment
roll and then confirm the final assessment roll via resolution. When the roll is finally
determined, the City Clerk shall certify and the roll shall be officially recorded.
The Clerk's Office has received two written communications in opposition to the final
assessment roll, which are attached for your review.
All requirements pursuant to Code have been met throughout this process; a checklist is
attached outlining steps completed to date regarding the VIP Drive Special Assessment
District.
Your consideration is appreciated.
Attachments.
Sandra Modigh
From: Allen Dowell <allendowell @gmail.com>
Sent: Thursday, February 25, 2016 3:35 PM
To: Sandra Modigh; gknopp @kpb.us
Subject: VIP Drive - Final Assement Roll Parcel #4942027
Attachments: Final Assessment.pdf
I wish To express my Objection on this matter.
Due to Medical Financial Hardship this will put us under,
We don't feel that we should have to pay for a service that I clearly rejected to the petitioner at the time it was
passed around. I declined to sign his Petition.
There was supposed to be a letter of Petition cancellation submitted by the petitoner to cancel the Road
improvement when they decided to sell the house and move back to Idaho.
I'm not sure what I need to do about this Matter and request direction.
Thank you,
Allen Dowell
allendowell(cD,gmail. com
907 - 394 -1169
Sandra Modigh
From: Leslei Spalding <lesleispalding @yahoo.com>
Sent: Friday, February 26, 2016 5:29 PM
To: Sandra Modigh
Subject: Final Assessment roll 4942029/30 VIP Drive
Dear Ms. Sandra Modigh, City Council Members, City of Kenai,
I am writing in regards to your recent letter I received less than a week ago. It is concerning the work
done on VIP drive this past summer. In 2014, 1 made a call regarding the possibility of paving the last
section of VIP Drive, wondering why it had never been done. I was told by Rick, city manager, that I
would have to get a request to have the work done by all the people /owners of those lots, there would
be a cost, and we would get an estimate of that cost. Each lot owner would have to pay a percentage
and the city usually paid at least half. I contacted several people on that section of VIP and the
consensus was no and yes, so I did nothing more. Several months later, Dave Machado, who also
had two lots on this VIP section, contacted the City of Kenai office, and talked to Rick, the City
Manager. Dave got a petition signed by some of us to see what the cost would be to have the road
paved. It came in at a rate we all felt was way too high, especially if you had two lots. Mr. Machado
told me he contacted the City of Kenai and told them we did not want it done. I never heard another
word back. Then I come home from a visit to Southeast, Alaska, in 2015 and the road is paved!!! I
assumed in my mind, that the City of Kenai, or the borough had decided to go ahead and pave the
small section of VIP drive on their own, since it never had been done with the rest of the road. I never
agreed to it, so that must have been it. I never expected this to be done. I certainly never expected
to have to pay for this as we said "NO" we didn't want it, and therefore, I feel I should not have to pay.
The cost is still just as high and the interest is an unbelievable rate. I have two lots and had already
paved my driveway out to the road, so there was no cost on the pavers to have to pave any distance
up my driveway, on either lot. The other lot will be sold with my house, so I shouldn't be charged for
that cost either. That would put my empty lot value at costing me $20,500, and only valued at
$14,000. An additional cost of $6500.00 to my already large repair costs to my home. A big loss. I
agree the pavement is nice and the job was well done. I do not agree that I should have to pay
$13,000.00 for the job done, since to my knowledge, it was done with no one's consent, for sure mine
and Dave Machado. I can not afford this cost, nor do I feel I should have to pay this. I am requesting
that I be excused from this assessment for the pavement done on VIP. I know of no one who agreed
to having it done, certainly not me, after the estimate of cost came in. The cost is too high. When we
receive basically 0% money on any money we should try to save in the bank, why should we be
charged 10% from the City of Kenai on top of the large price tag for paving? I had no work done
on the entrance to my driveway as the other owners did. One lot owner with a circle drive, had
pavement installed both ends, I had none on either lot. I may or may not be able to attend the
meeting, I do not know at this time. I am objecting in writing to the final assessment roll /cost to me as
a homeowner on VIP for an improvement with paving on the small section of road that we felt was too
expensive and we declined to have done. I received nothing from the City of Kenai about having this
done.
Thank you.
Leslei Spalding
PO Box 667
Kenai, Alaska 99611
1
2325 VIP Drive
District Requesting:
L.I.D. CHECK LIST
VIP Drive Cul -De -Sac
ACTION
MISCELLANEOUS INFORMATION
X
Petition submitted to City Clerk
Date Submitted: 02/14/14
Petition includes description of
Improvements requested: Pave the cul -de -sac
X
proposed improvements.
Petition is signed by the owners of
No. of properties: 9
fifty percent (50% or more of the
No. of owners: 5
X
properties which will be benefited by
Date of Verification: 02/20114
the proposed improvements.
X
Petition forwarded to City Manager
Date forwarded: 02/10/14
City Manager prepares report
Sixty days ends: 04/04/14
regarding the proposed improvement
Report to council: 04/14/14
X
to the City Council w/ desirable
scope of and the estimated cost of
the proposed improvement, etc. (see
KMC 16.10.010
Consideration of Council:
Council meeting of: 04/14/14
X
City Manager prepares and files with
File with City Clerk by: 05/02/14
X
City Clerk a preliminary assessment
roll (See KMC 16.10.020) within 30
days after consideration by council.
Clerk prepares Resolution One,
Resolution No.: 2014 -37 One
setting a date within 60 days for a
prepared within 30 days after presentation of
X
public hearing on the proposed
preliminary assessment roll. Resolution to
improvement (See KMC 16.10.030)
agenda by:
Clerk prepare purchase orders for
X
publications char ed to project).
06/16/14
City Clerk publishes a notice at least
Dates notice to be published:
once a week for four (4) consecutive
06/19/14, 06/26/14, 07/03/14, 07/10/14
X
weeks, including a summary of
improvement, etc. (see KMC
16.10.040).
City Clerk sends notices by mail to
Notices mailed:
every record owner of property within
X
the proposed LID at least fifteen (15)
06/16/14
days prior to the public hearing (see
KMC 16.10.040
City Clerk presents written objections
X
with Resolution Two for public
07/16/14
hearin see KMC 16.10.050).
X
Public hearing on Resolution Two.
Hearin held: 07/16/14
Council increase /decrease scope or
X
value of improvement. (see KMC
N/A
16.10.070
ACTION
MISCELLANEOUS INFORMATION
Resolution Two, directing
Resolution No. 2014 -50
X
continuation of LID (see KMC
Public Hearing: 7/16/14
16.10.070).
Upon completion of improvement and
Date assessment roll forwarded to City Clerk:
costs computed, City manager
01/26/16
X
prepares and files with City Clerk an
assessment roll for the assessment
district see KMC 16.10.080
Upon filing of assessment roll,
Resolution No.: 2016 -04
X
Resolution Three, setting public
hearing on objections to the
assessment roll KMC 16.10.100 .
Notice of public hearing on
Notice mailed: 02/11/16
X
assessment roll mailed /published in
Notice published: 02/17/16. 02/24/16. 03/02/16
paper pursuant to KMC 16.10.040
03/09/16
see KMC 16.10.100 .
Public hearing held. Changes made
Date:
to roll?
Resolution Four to confirm the
Resolution No. 2016 -10
assessment roll of the LID (see KMC
ate passed:
16.10.130
Within 30 days after the time of
Mailed:
payment has been fixed (Resolution
Four), City Clerk shall mail a
statement to each owner of record
designating the property, the
assessment amount, the time of
delinquency, and penalties (see KMC
16.10.150).
Within five days after the statements
are mailed, the city Clerk shall
publish notice that the statements
have been mailed KMC 16.10.150).
Objection and appeal (see KMC
16.10.160).