M E M O R A N D U M 03-89 Backup

TO: MAYOR AND HOMER CITY COUNCIL

FROM: MARY L. CALHOUN, CITY CLERK

DATE: MAY 20, 2003

SUBJ: LID PROCESS

Some concerns/matters commented on by the Council at recent meetings, with particular regarding to Ordinance 03-29.

1. Ordinance 03-29(S), we hope incorporates some of those concerns expressed by Council during the May 12, 2003 Regular Meeting.

Public Works Director and City Clerk asked for input about including the development of preliminary cost estimates for property owners.

There was brief mention regarding the 30 day time limit, for a modified area for an LID and suggested consideration of a time limit for petitions.

Information to be used in the assessment methodology, terms, interest for assessment payments etcetera generally includes the project and assessment estimated amounts.

The following is incorporated into the substitute for clarity in Section 1, a. 2.:

ii. forward the request to the Public Works Director for review of the improvement district boundaries and verification of the information to be used in the assessment methodology,which includes an estimated project cost for Homer Accelerated Road Program improvement districts; and

iii prepare a petition containing information that shall include the owner(s) of record, property value, Kenai Peninsula Borough Parcel number, brief legal description, and improvement assessment information including but not limited to the assessment methodology used, which includes an estimated project cost for non Homer Accelerated Road Program improvement districts and assessment amount, and any terms or interest for assessment payments; and

iv. forward a copy of the petition to the Public Works Director or designee and to the Finance Director or designee for a final review prior to issuing the petition; and

v. the City Clerk shall assign a deadline for return/filing of the petition with the City Clerk that shall be sixty days from issuance of the petition; and

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vi. petitioners may request an extension, prior to the sixty day deadline up to an additional thirty days.

and Section 1. c.

c. If a petition is found to be insufficient the City Clerk shall forward the information to the City Council who shall find by resolution whether:

1. The petition is found to be insufficient; and

2. That the same local improvement district request and petition may not be submitted for at least six months from the date of the adoption of the resolution; and.

3. That the same requesters/property owners may file with the City Clerk a request for the same improvements for a modified area within thirty days from the date of the adoption of the resolution.

There were comments regarding the Seattle process, which, with a few exceptions based on Title 29, is the same as the current process.

The City Code already has the petition process, already requires fifty percent or more of signatures representing in value, the property to be benefitted from the improvement. The petitions do contain the information that Council is concerned about, such as estimated project cost and estimated assessments and payment terms.

Ordinance 03-29(A) and the substitute add two additional steps to the process.

It still takes only one person making a request to start the process. That one person will now have to obtain signatures of at least fifty one percent of the surrounding property owners. We will still spend time with the individual(s) to put together basic information such as boundary, property ownership and etcetera to assist this person(s) in obtaining the initial signatures to qualify for a petition.

The neighborhood meeting idea is very much supported by the City Manager, Finance Director, Public Works, Acting City Planner and City Clerk's Office.

Public Works already puts together the estimated project cost information for the petition and the City Clerks puts together the estimated assessment amount based on that estimate for water and sewer projects. No estimate is required for Homer Accelerated Road Program projects since all assessments are $30 per front foot for reconstruction and $17 per front foot for paving.

It seems to be that it still needs to be understood, maybe just by the public, that those initial initiators still do not have to go to everyone in the proposed district, they still do not have to notify everyone when they are obtaining signatures on the petition. Council will still hear, "I never knew

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about this till I got this information from the City Clerk saying that the district had been initiated." One step that will help, a lot I think, is the neighborhood meeting.

We believe this Ordinance does clarify the process.