Willmar City Council deviates from assessment policy for two objectors – West Central Tribune | #citycouncil

WILLMAR

— The

Willmar City Council

on Monday made its final decisions regarding the 13 objectors to the 2023 street improvement assessment roll, deleting Fairview and Calvary Lutheran cemeteries from the roll, reducing the assessment for two objectors and verifying the assessments as appropriate for the remainder of the objectors.

Residents who are having financial hardships and believe they would qualify for a deferment for the assessments, which must meet certain income guidelines, should contact city hall for the paperwork they will need to fill out to apply for the deferment by Tuesday, Oct. 31, 2023, according to Willmar City Clerk Judy Thompson.

The council will consider approving those deferments at the Monday, Nov. 6, City Council meeting in order to submit the certified assessment roll to Kandiyohi County by Nov. 15.

Residents who wish to prepay their assessments in order to avoid paying interest can pay them directly to the city through Nov. 15. After that date, the amount due for 2024 should be paid at the Kandiyohi County Auditor-Treasurer’s office and the remaining balance can be paid at the city offices, according to Thompson.

The assessments for Fairview Cemetery and Calvary Lutheran Cemetery that were deleted from the assessment roll were $82,181.25 and $26,170, respectively.

In presenting the findings of fact for the objections that were made, city engineer Jared Voge of Bolton & Menk stated that after further review, Minnesota State Statute 306.14 holds that cemeteries that are formed for a purpose not involving pecuniary gain to its shareholders or members, and that pay no dividends or other pecuniary remuneration directly or indirectly to its shareholders or members, are to be exempt from special assessments.

Two assessments were reduced against Voge’s recommendation, which was to certify the properties as presented.

Mayor Doug Reese asked if the council was placing the city in any legal jeopardy by deviating from the assessment policy and going against the recommendations of the city engineer.

City Attorney Robert Kringler explained that the Minnesota statute requires a uniform application of the assessment.

“The city engineer has presented their recommendations that are a straightforward application of the assessment policy as it is written. Of course, the council can decide to deviate from that assessment policy,” Kringler said.

He noted that the council can also revise the assessment policy in the future, as it has done in the past and which may have led to some of the confusion over assessments recently.

“There is a potential exposure of liability when you are choosing to deviate from the assessment policy, but that would take someone to bring legal action against the city,” he added.

The first property for which the council approved deviating from the city’s assessment policy and Voge’s recommendation is owned by Don and Eileen Twedt and located at 2108 Gorton Ave. N.W. It was assessed $27,300.

The Twedts objected to the cost of the assessment, as well as stating their property had only been assessed for 100 feet during a previous street improvement project in the 1990s and now it is being assessed for 232 feet.

Voge explained his recommendation, stating that an assessment from the 1996 improvements indicates the Twedts’ property was indeed assessed at a length of 100 feet, but there is no explanation as to why it was assessed at a reduced frontage.

The actual frontage of Twedts’ property is 254 feet, but it is located in a horizontal curve and the street frontage is longer than the property width. That being the case, to calculate the assessment, the width of the property measured perpendicularly between lot lines was used, which is 232 feet, according to Voge, who noted that this length provides the most beneficial assessment calculation to the property owner and is what was included in the assessment roll.

After a lengthy council discussion which centered around the irregularity of the Twedts’ lot, the council approved assessing the property at a reduced frontage of 165 feet.

Reese shared his concerns about how the property is triangular-shaped and greatly narrows from the east side of the property to the west side, as well as the fact that there is an easement on the property for the storm sewer that runs from the street into Foot Lake. The property is located between Gorton Avenue and Foot Lake.

Councilor Justin Ask pointedly asked Voge if the assessment policy takes into account unusually shaped properties, which Voge confirmed it does as best as possible.

“In your opinion, this property is more unusual than others, or do you see others similar?” Ask questioned.

“I think we have uniquely shaped parcels throughout all the improvements,” Voge said. “That’s why the front footage length when measured was 254 feet and the ‘usable,’ we believe, was approximately 232 feet — so it was reduced from 254 to 232, given its uniqueness.”

Councilor Michael O’Brien said he thought it was unfair if the Twedts were planning for an assessment of 100 feet and saving up to pay it, to now find out they were being assessed for 232 feet.

The second property that was assessed at a reduced rate is owned by Matthew and Joanna Schrupp and located at 905 23rd St. S.E. The Schrupps were assessed $6,000.

Matthew Schrupp objected due to owning a corner lot and being assessed $2,790.26 for the long side of his property for an overlay project in 2010.

The current assessment policy states that corner lots will be assessed at 100% for the short side of the property and 30% of the long side.

For mill and overlay, which were the improvements completed in 2023 on the 10th Avenue Southeast side of the Schrupp property, lots classified as small were assessed at $3,000, medium lots were assessed at $4,500 and large lots were assessed at $6,000. Corner lots were assessed an additional $900 for mill and overlay.

When presenting his objection at the assessment hearing, Schrupp stated that a neighbor who has a corner lot was assessed only $900, due to it being the short side of his property that abuts 10th Avenue Southeast.

Voge explained that the Schrupp property was assessed in 2010 in accordance with the assessment policy at that time, which only assessed corner lots on the street that fronts their property and his property has a 23rd Street address.

The current assessment is against the short side of the property, which is why it was assessed as a large lot at 100%, according to Voge. The Schrupps are not being assessed for the long side of their property, which is 121 feet, because work was not completed on that side in 2023.

“This property seems to be unique in the sense that, basically, under two different policies over a relatively short period of time, (the property owners were assessed) in the worst possible scenario both times,” Ask said. “This one strikes me as something doesn’t seem quite right in this process.”

He noted that it seems unjust that the property owners were assessed 100% both times. The council approved reducing the current assessment by 30%.