West Fargo commission certifies special-assessment lists for four improvement districts

The West Fargo Special Assessment Commission voted to certify assessment lists for Improvement Districts 1337, 1339, 2270 and 2271 and approved a recommended assessment methodology for the local water users district during its meeting. Motions to approve each list passed on voice votes and the commission will forward the certified lists to the city auditor.

The approvals complete the commission's role in allocating the costs of public improvements identified by the City Commission. City staff presented the assessment lists and explained that while the commission may alter how costs are allocated among parcels within a district, it cannot change the total amount of assessments directed by the City Commission.

Katie Schmidt, a city staff presenter, summarized the process and the materials provided to the commission, including the published assessment lists, an assessment-allocation map and a sample notice to property owners. She said staff had performed a benefits assessment for each property “to ensure the amount of the special assessments did not exceed the benefits.”

During public comment, several property owners raised parcel-specific questions tied to the certified lists. Marlon Russell Lean identified himself as the agent for a private trust owning 5446 Glory Lane West and said he was not “protesting” but was submitting a “conditional acceptance” and a multi-page affidavit for the record. Lean asked for written confirmations of the methodology used, whether the parcel’s assessment represented a full and fair assessed value, and whether any other parcels had subsidized that parcel’s allocation. He requested written responses by Sept. 5 and said he would deliver his affidavit to city officials.

Commission members discussed District 1337 after the public comment and approved the list as presented. The commission then approved District 1339 (new water and sewer at Stockyards First Edition) and District 2270 (traffic signal at Ninth Street West and 30th Avenue West). During discussion of District 2270, resident Jennifer Erickson asked whether properties not currently developed but later subdivided would face additional assessments; Jerry Wallace, City Engineer, said the properties in the district are being assessed now and “we wouldn't be wanting to assess them twice for the same project because that's against Century Code.”

The commission also reviewed and approved a recommended assessment list and allocation methodology for the portion of the Wilds 20 First development that will be certified and collected by the local water users district identified in the packet (referred to in meeting materials as the Cass Water users district). Staff said the methodology for the water portion was based on front footage for each parcel. The commission’s approval was for the recommended list and methodology to be forwarded to the water district’s governing body for final handling.

A final motion approved the District 2271 list (concrete paving, street lighting, storm sewer and incidentals at Seventh Avenue NW and Fifth Street Court NW). Several owners raised parcel-access and allocation questions prior to the vote; staff said they would follow up with property owners who requested detailed methodology and parcel breakdowns.

All formal votes recorded during the meeting were voice votes by the two members present; motions carried and the certified lists were forwarded to the city auditor and to the city commission process for final hearings and any further appeals.

Votes at a glance - Approve assessment list, Improvement District 1337 (Wilds 20 First, Phase 12 & 3): motion to approve by Commissioner Jim Brownlee; voice vote; outcome: approved (motion carried). - Approve assessment list, Improvement District 1339 (Stockyards First Edition — water/sewer): motion to approve by Commissioner Jim Brownlee; voice vote; outcome: approved (motion carried). - Approve assessment list, Improvement District 2270 (traffic signal at Ninth St. W & 30th Ave. W): motion to approve by Commissioner Jim Brownlee; voice vote; outcome: approved (motion carried). - Approve assessment list, Improvement District 2271 (paving, lighting, storm sewer at 7th Ave. NW & 5th St. Ct. NW): motion to approve by Commissioner Jim Brownlee; voice vote; outcome: approved (motion carried). - Review/approve recommended assessment list and methodology for the local water users district (Cass Water as named in packet): motion to approve by Commissioner Jim Brownlee; voice vote; outcome: approved (motion carried).

Next steps and appeals: staff reminded property owners that the commission’s certification will be followed by a city commission public hearing. Owners who continue to object after tonight’s meeting must file a written appeal with the city before the city commission meeting in order for their objection to be heard.