First Ave. homeowner taxed for construction improvements
Sun, 07/27/2008
Burien City Council members voted July 21 to adjust the assessed added value of the only residential property within the First Avenue South renovation project.
The lawmakers voted 4-2 to reduce the assessed value of Harold and Sheila Dunn's property at 16203 First Avenue South from $16,542 to $10,000.
Deputy Mayor Rose Clark and councilwomen Lucy Krakowiak, Sue Blazak and Sally Nelson voted for the assessment. Councilwoman Kathy Keene and Councilman Gordon Shaw voted against. Mayor Joan McGilton left the meeting before the vote, due to illness.
Harold Dunn said that because his property is residential, the assessment is unfair.
"I don't know how you can assess $10,000 for improvements when you put in 10 feet of sidewalk," Dunn declared. "If you want to put in a sidewalk, that's fine with me, but at your own expense."
Dunn's wife was just as discontent, saying that the council should be paying them instead.
"We should be suing you for lack of sleep and mental duress [from all the construction]," Sheila Dunn remarked.
The money collected from the First Avenue property assessments will be used to pay $1 million owed on the Public Works Trust Fund Loan, according to public works director Stephen Clark.
In November 2004, a petition signed by a 61.1 percent majority of First Avenue property owners was received by the council, which resulted in the formation of a local improvement district (LID).
As a result, property owners who were in the LID area had their properties individually assessed and then billed for their portion of the $1million.
Appraisers determined the portions by establishing the "special benefit" - or market value - that each property would receive as a result of enhancements from the LID, such as the addition of sidewalks and bicycle lanes.
Deputy Mayor Clark said the council could confirm assessments without any adjustments on Dunn's property, confirm them with adjustments, or not confirm and request more information. Clark recommended the council make an adjustment.
Minutes before the lawmakers made their decision, Clark distributed copies of a letter, dated July 16, from Robert J. Macaulay, of Macaulay and Associates, Ltd., the appraisers who assessed the properties.
Macaulay assessed Dunns' property at $16,542, but noted this was "at the high end of the range in probable increase in market value (special benefit) due to [the LID]."
Macaulay estimated a more reasonable special benefit to be "in the range of $10,000 to $15,000."
Due to the Dunns' property having an "apparent lack of subdivision potential," Macaulay noted, "a special benefit of $10,000 is reasonable and reflects a minor increase in overall value."
Shaw expressed frustration, saying it was a "difficult decision" to make, especially having received the letter only "five minutes ago." He said he found it "hard to believe" that there would be any special benefit to the property, saying it is clearly a long-term residential property and has no potential for commercial use.
Blazak expressed similar discontent.
"I would have appreciated getting this information earlier," she said.
Public Works director Clark explained to the council that if they chose to adjust the property assessment to $10,000, then the difference between that amount and the initial assessment of $16,542 would be paid by the city.
He also reminded the council that they could declare Dunn's property to have no special benefit, although he also reminded them of the appraisers' conclusion that there was a special benefit.
After the vote, the Dunns left the meeting room in frustration.
Harold Dunn said that the couple would file an appeal of the decision.
"We deplore that the city may force us to incur thousands of dollars in legal fees," the Dunns wrote in an e-mail.
(Judy Vue is a student in the University of Washington Department of Communications Noews Laboratory.)