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Request for Council Action continued <br />page 3 of 4 <br />Novembei 22, 1996 <br />Lafayette Ridee <br />Should Assessment be Waived? <br />The 1990 street light assessment was levied against commercial and residential properties along <br />County Road 15 at a commercial rate of $11.695 per front foot and a residential rate of $3.90 per <br />front foot. Outlot C was assessed 647.0' for a total residential assessment of S2.523.30. Total <br />principal and interest unpaid to-date is $2,823.08. with an approximately $300 principal and <br />interest payment due in each of 1997, 1998 and 1999. This project was levied at an S% interest <br />rate. I am advised by the County that there are also yearly penalties ranging from $55-73 that <br />have accrued. <br />Mr. Palmer indicates that applying a special assessment to an outlot was incorrect and <br />inappropriate because ”K" classification outlets do not pay taxes. The County agrees. It would <br />have been more appropriate for the City to have spread the assessment over the 5 homestead <br />parcels within the Orono portion of Lafayette Ridge. <br />The City is asked to waive the special assessment. In staffs opinion it would only be appropriate <br />to waive the special assessment if Council concludes the propeny does not benefit from the street <br />lights. The rationale used in originally assessing Outlot C, was the fact that street lights were <br />placed in the right-of-way abutting Outlot C. <br />It might be argued that those street lights do not benefit the actual homestead properties because <br />they are significantly distant from the street lights and do not abut County Road 15. Exhibit F <br />is a location map of the street lights. <br />As outlined above. Council may wish to consider three options regarding waiving the assessment: <br />1. <br />2. <br />3. <br />Deny request to waive assessment, require LRHA to pay the unpaid 1990 through 1996 <br />levy amounts which include principal and interest, with the expectation that they pay the <br />1997-1998-1999 payment in the normal manner (the City could re-spread these over the <br />5 benefitted lots). <br />Conclude that Outlot C has only a limited benefit from the street lights and waive some <br />portion of the unpaid and/or future payable levy amounts. <br />Conclude that Outlot C has no benefit from the street lights and waive the entire <br />assessment. <br />Staff Recommendation <br />The City should assist LRHA in any way legally possible in regaining ownership of Outlot C,