05-29-07 Item 6A, 2007 PMP Assessment Hearing

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2007 PMP 5/24/2007 Page 2 Staff Analvsis: The City Council could choose to do one of the following: a.) Leave the assessment as is; b.) Defer the assessment until the property is sold or subdivided. The Assessment Policy states that ifland is deleted from an assessment roll, "no development of that property shall be permitted, nor shall any physical connection to the City's utility or drainage facilities be made by any development on that property until the assessment or cDnnection fees are paid." Staff recommendation: Defer the assessment on the property until it is sold or subdivided. 2) OraVwritten comment: 1273 County Road E a. Patrick Flaherty Mr. Flaherty stated that he is filing an objection, because he feels the assessment will not increase the market value of his real estate. He is not in favor of the 70% assessment rate that is identified for cDmmercial properties in the Assessment Policy; he does not feel it is a fair percentage. He indicated that problems have arisen during construction: he feels the condition of their parking lot has worsened from the contractor using the lot to store their equipment, their electrical wires providing lighting to their parking lots was damaged, and some of their irrigation lines were damaged. He asked that the City Council consider assessing Flaherty's for one lot only. Flaherty's owns three parcels within the project and per the Assessment Policy, is proposed to be assessed for all three parcels. b. Dan Flaherty Mr. Dan Flaherty also spoke on behalf of Flaherty' s Arden Bowl. He was concerned about damage to their property, irrigation system, electrical wires, and parking lot, in more detail. He indicated that the contractor had asked to store some material on their parking lot, and had showed them where to do so. He stated that the following day he also found that they were storing equipment on their lot. He provided City staff with photographs of the site. He stated also had not received notification prior to the beginning of construction. Mr. Flaherty spoke again later in the evening, commenting that perhaps the condition of the watermain contributed to the deterioration of the street. He also noted that only portions of the curb were replaced along the street. Staff analvsis: City staff was not aware of the concerns of the property owners until the day of the assessment hearing. Staff met with the Flahertys and the contractor on site on Tuesday, May 22, 2007 to discuss the construction related concerns. It is the contractor's responsibility to gain permission from private property owners to use any portion of land outside of City right-of way. The City's contract provisions indemnify the City from any damage the contractor does to private property, including private utilities in the right of way. Staff provided this information to those present at the meeting. Staff also has pictures of the parking lot prior to start of construction to assist in identifying damage.