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HomeMy WebLinkAboutRESOLUTION 1993-41suggested by: Administration' HCKINT.EY, HORTH G~LL, S~CoHD 'AVEN~,.:. ~HIR~. A~' .FOURTH WHerEAS, the CitY' of xenai, has held .a'. ·PUbliC hearing t'.° .hear comment concerning the necessity. ~0r ..paving improve~encs:.' ' and the proposed; asBes~oonts 'zllating 'to such-improvements, on Evergreen, Hal!er,. H.cKinley,. NOrth. Gill, ·Second Avenue, Third Avenue, Fourth Avenue, Jef£erson and Eadies 'Way; and WHEREAS, the Council finds it desirable to continue with the proposed project and assessment district. NO#, THEREFORE, BE 'IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that: Section 1; The paving improvements on Evergreen, H~l[er, McKinley,' North Gill, .second Avenue, Third Avenue, FOUrth Avenue, Jef~erson:.and Eadie's..way are' necessary'and .of'. benefit to. the properties... to .be assessad. ' '.'- , . .S,.ection~2~: The assessment.. district has not .been objected to by'owners of properties bearing' 50% or more of the estimated costs .to be bOrne by' ProPerty OTdT~ers. Section 3~ An'accounting shall be. kept of thecosts of these improvements, and after ell costs' are known,. the City Manager shall prepare an assessment roll for. the improvements. It is estimated'that 25% of th· costs of the;'imProvements will be assessed against the benefitted properties. PASSED BY THE coUNcIL OF THE CITY OF KENAI, ALASKA, ,.his 2nd day of June, 1993. ~ · ~ , ,, Cato Approved by FinanCe ~~ (5/26/93) kl 17B1 - 1OBI CiTY OF KENAI · 10 FIDAL(~O K~AI, A~ ~~NE 2~. ~ l FAX ~7.2~14 TO: Kenai City Council FROM: 'Charles A. Brown, Finance DATE: May 26, 1993 SUBJECT: Director Evergreen/Hailer Assessment District The resolution continuing this assessment district is attached. The public hearing is June 2, 1993. As with nearly every assessment district in which I've ever been involved, some people are not happy about the way their particular estimated assessment was calculated. I(MC 16.05.100 reads as follows: 16.05.100 ~ethod of A~.sessme~t: The provisions of this chapter shall not prevent or be construed to prevent the collection of assessments or payment in lieu of assessments for improvements in any other manner as provided by law. The methods o£ assessment are described in general herein and will require decisions of policy by the Council to meet current needs. In general, the assessment rate for any special assessment district is computed by dividing the total assessable cost of such improvement by the total number of assessment units. The entire project is considered as a whole when computing the assessment rate and applying it to all properties. The cost of installing the improvement in front of or past any particular parcel of property is only one method permitted of assessment. as othoz~ftse provided by law, ordinance, or by Council- approved poli~ :or a parttoular looal ~nprovonent seato will be allooated on a square restage basis oztandtng one lot deep ad~aoent to improvements in subdivided areas, mtdvay between streets up to ~SO rest or depth in unsubdividod residential areas, and up to 300 feet of depth in unsu~divided commercial and industrial areas. ~reater area may be included when assessing costs ~or interceptor sewers or water mains provid~ng ffire protection. (Ord. 791) Memorandum Kenai City Council May 26, 1993 Page Two You will probably hear two basic objections. First, I usedi..'~.'.~ the entire s~uare footage of each lot to allocate the ...~i'"'' assessment. I did not limit the footage of 2 1/2 acre. government lots to only 150' of depth. The above ordinance (see the bold type) speaks to subdivided versus unsubdiVid~.'"'i.' areas, not individual lots. We spent considerable time and. discussion on this issue before making a decision. I feel that it is most fair, to all the property owners, to vieW ~,. the entire area between Forest Drive and Evergreen as a' .. subdivided area and to assess each lot in its entiretY. Also, consider that government lots have been subdivided. It is true that we have often allocated assessments using ': only 150' of depth on government lots. Each assessment ~ district (area) is different and has to be allocated'based on the best Judgment at the time Whenever asked by a ~ property owner, I made no promise as to method or amount of ~'~' assessment. "~ The second complaint will be that I included easements the square footages. We include easements, but exclude dedicated right-of-ways. I find no authority for easements. Please understand that the City is assessing 25% of cost. All this discussion is about is how to allocate that amount.' Any change you make to lower one owner's assessment will necessarily increase all the other property owners, assessments. Finally, Council may be asked to set the payoff schedule. KMC 16.10.130 says that decision is to be made after the work is done and the final assessment roll is prepared. OEHLER NO. 2 SCHOOL SEA~AN FORL"'ST