11-25-1996 Council Packet - Laserfiche WebLink

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Request for Council Action continued page 2 of 4 November 22, 1996 Lafayette Ridge The second issue needing to be resolved is LRHA’s reauest for waiving the street light asse'isments. of which no fHirtions have ever been paid. The Council's options ar this point are: 1.Deny the waiver and require payment of past due amounts as a condition of release of the property. Approve a partial waiver of the assessments. 3.Waive the entire assessment. Background After the subdivision was completely developed, starling in 1985 the ta.\ statements for Outlot C were mailed to Lafayette Ridge Homeowners Association in care of Randy Rosengren at his North Farm Road address, according to County tax records. This continued long after he was no longer involved with the Lafayette Ridge project. The County tax records still show his address for the LRHA. Apparently neither Rosengren nor the LRHA ever notified the County to whom the tax statements and legal notifications should correctly be sent when Rosengren ’s involvement ended. In 1994 Rosengren indicated to staff he did forward tax statement to the LRHA for a period of time. In 1990 the City levied an assessment for County Road 15 street lighting, and that levy included Outlot C. The LRHA claims they never received notification of this special assessment. The City did mail legal notice to the LRHA at the address specified in County records. Since this property' is a "K" classification, it normally is not taxed because its value is spread over the homestead parcels within the subdivision, hence no taxes were ever due prior to the street light levy. As i result of the assessment, and its nonpayment by the LRHA because they apparently knew nothing about it, the parcel went tax forfeit in 1994. The City learned of this in late 1994, and Council adopted a resolution requesting the County to delay public sale of the property so the City could resolve the questions surrounding re-acquisition of the property by LRHA. In discussions between Jeanne Mabusih and representatives of the LRHA earlier this year, it was the City's expectation that LRHA would pay the outstanding assessments and the City would request that the County convey the property back to LRHA. However, in a September 9, 1996 letter to the City from LRHA President Bruce Palmer, the association requests that the assessment be waived, based on the inappropriate application of a special assessment to that "K" classification outlot. Mr. Palmer is expected to be present at your November 25th meeting.