MEMORANDUM 08-143

TO: Walt Wrede, City Manager

FROM: Carey Meyer, Public Works Director

DATE: October 8, 2008

RE: Spruceview/Noview Road LID Assessment Question

KPB Parcel 175-101-22, Pratt Museum

_______________________________________________________________________________

The subject parcel currently has frontage on both Spruceview Avenue and Pioneer Avenue. The parcel abuts the new Spruceview road project, but no access from Spruceview currently exists. Access to this parcel (see attached map) is currently off of Pioneer Avenue.

A plat has received preliminary plat approval (expected to be recorded final by the end of the year) creating new property lines that will separate that portion of the property that that fronts Spruceview from that portion that fronts Pioneer (see attached plat).

Per Homer City Code:

17.04.160 - Agreement for deferred or corner lot assessment double frontage property.

a. Through lots in an road reconstruction and/or paving improvement District, … can be exempt from a double front foot assessment, when only one lot access exists. The owner(s) of property shall file a "Deferred Assessment Agreement" with the City, prior to the end of the filing period for objections to the district noted in Section 17.04.050 of this chapter. The agreement shall contain a statement that the lot in question fronts two streets; however, the property owner has only one access onto the lot and shall pay the assessment on which the access is located. At such time as another access is made then the property owner agrees to pay the assessed front footage on which the new access has been made. The agreement shall be recorded with the Homer District Recorder's office. (Ord. 94-16(A), 1994. Ord. 88-10 2, 1988.)

Recommendations: Currently the lot in question is a double frontage lot. The Council should consider the Pratt Museum’s letter as a request for a deferred assessment (based on Homer City Code); the City shall prepare a formal "Deferred Assessment Agreement" stipulating that “their current access is off of Pioneer Avenue”, “there is currently no access onto Spruceview Avenue”, and “at such time an access is made onto Spruceview Avenue, then the property owner agrees to pay the assessed front footage on which the new access has been made.”

Note: A deferred road LID assessment is due and payable in full when access is established; the City provides financing and provisions for payment of the assessment over a 10 year period for directly assessed road LID costs.