To assess or not to assess is not the question, as far as Glen M.

Saturday, November 18, 2000

To assess or not to assess is not the question, as far as Glen M. Jacobsen is concerned.

"It’s how you assess," Jacobsen said.

In the opinion of the Austin resident, street improvement assessments should be based on the increase in property value generated by the improvement and not – as the city of Austin does – by the cost of the project.

Jon W. Erichson, Austin’s city engineer and director of public works, disagrees.

According to Erichson, the formula for assessing street improvement projects in residential neighborhoods is a "citizen-friendly" equation.

It involves assessing 25 percent of the costs to each side of the street where an improvement has been made with special provisions for corner lots, credits for curb and guttering and the life expectancy of the street.

"We believe what we assess increases the value of the property," Erichson said.

The benefits of a street improvement project start with a new street-improved ride and appearance and include a widened street to improve safety. The street geometrics change to improve safety and calm traffic.

Also, there is improved drainage and bicycle-safe grates over storm sewers, renewed underground utilities, pedestrian access is improved with handicap ramps and maintenance costs are decreased.

In addition, there are new driveway aprons and, wherever necessary, gravel in drives are upgraded to asphalt.

Tonight, the Austin City Council will hold its annual assessment hearing on this year’s street improvement projects.

A list of more than 60 objectors has now been narrowed to 15 from a year ago.

The spring-summer-fall construction seen was the "busiest" in Erichson’s tenure as a city Engineering Department employee and later supervisor.

"Our schedule for street improvements is dictated on need," he said. "Each year, we review our reconstruction to determine if the need is still there and how soon and how it should be met. We have an aggressive preventative maintenance program and the City Council has been good about funding the work that has to be done."

At the recent public informational meeting on street improvement projects and the assessments to pay for them, only five citizens attended and asked questions rather than register any opposition.

That wasn’t the case a year ago, when Jacobsen battled city officials on his contention that assessments should be based upon benefits received. Citing Minnesota Statute and case law, Jacobsen attempted to rally neighbors in the 19th Street SW area to his cause.

He also wrote Mayor Bonnie Rietz and all members of the Austin City Council, saying he had found nine civil case decisions supporting his belief that assessments should be made on benefits received and not the costs of the work.

No city official responded, but the assessment on Jacobsen’s property was deferred and he has not been assessed … yet.

Presently, District Judge Lawrence E. Agerter has under advisement the appeal of Larry Hanson’s assessment.

If the judge agrees with Jacobsen’s opinion and that he says is supported in both Minnesota Statute and case law, Jacobsen expects vindication for his protest of the city’s assessment policy.

Also, he said citizens who face assessments for this year’s projects have only the time before and the night of the assessment hearing to register their objection.

Why does the city assess for the costs of the street improvement projects? According to Jacobsen, "to keep the tax levy down."

"Let’s say if the city receives one-half of the project costs, that could amount to hundreds of thousands of dollars a year and over an extended period of time, millions of dollars, they don’t need to raise by levying for that money," he said.

"I believe the city levies should be used strictly for the infrastructure and not for subsidized apartments and to allow businesses to get free property," he said.

"The judge’s ruling could have a great impact on the city if he rules in favor of the assessment by benefits received," he said.

But, Jacobsen said the city of Austin’s assessment policy is typical of that of other communities. "The way the city does it is the norm and not unusual at all," he said.

According to Erichson, the city’s assessment policy has been in effect since the 1950s and, he said, long before subsidized apartments and the other alleged targets of the monies Jacobsen charges the city funds at the expense of property owners.