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Item 2G: Res.on LID/West Univ.
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Item 2G: Res.on LID/West Univ.
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6/9/2010 12:41:49 PM
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5/4/2005 3:23:00 PM
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5/9/2005
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University Neighborhood Task Force. The Council has also been extensively involved in both <br />the evaluation of the Task Force Report, and in work sessions considering the Code, and <br />initiation of the project. This public involvement included decisions on which alleys needed <br />attention (all of them not already improved). <br /> <br />The property owners were notified of the project, the nature of the proposed improvements, and <br />the estimated assessments. One property owner, the Eugene Garden Club, sent a letter outlining <br />their contributions to the community, and requesting special consideration with regard to the <br />classification of the Garden Club property's use and zoning weighting factors. <br /> <br />Property owners were notified of a hearing and opportunity to speak at least ten days before the <br />scheduled hearing. A public hearing was held on April 20, 2005. Members of the Eugene <br />Garden Club and other property owners within the proposed district appeared at the headhg. <br />None of owners expressed objections to the purpose of the proposed project; the improvements <br />to the alleys. Some property owners expressed concerns about the way the directions of the Code <br />provisions regarding alley assessments would apply to their property. <br /> <br />More details regarding the public hearing can be found in the minutes of the hearing, attached as <br />Exhibit A to this report. <br /> <br />The Eugene Garden Club's request for differential consideration if based on their contribution to <br />the Eugene Community, and their non-profit status. The Eugene Code does not make a <br />distinction between for profit and non-profit organizations. While the contributions of the <br />Eugene Garden Club are well established by the evidence presented, the Eugene Code does not <br />allow such contributions to be weighed in the calculation of weighting factors. The Eugene Code <br />only distinguishes between residential uses and non-residential uses. Within these categories, <br />there is no question that the Eugene Garden Club fits within the non-residential category. The <br />Eugene Code does not allow for the special consideration requested by the Garden Club. Nothing <br />in the Code suggests that the city Engineer has the discretion to alter the basic categorizations <br />specifically enumerated in the Code. The footnote to the open category indicates that it should <br />be used to follow the specific divisions set up, which clearly distinguish between residential and <br />all other types of use. <br /> <br />In the same way, the policy question raised by Mr. Anderson has fairly clearly been examined <br />and rejected by the Council. The Council has set a policy concerning street improvements that <br />shares the cost of the improvement among the city as a whole and adjacent property owners. The <br />division that the Council has chosen with regard to streets generally has the City absorbing the <br />special costs of street improvements that account for the larger City use of streets. So for <br />example, the cost of street widths greater than the smallest local street are paid for collectively by <br />the City. As Mr. Anderson noted, the Council has decided that the cost of alley improvements <br />should be borne almost exclusively by the abutting residents. Perhaps the council made this <br />choice because the width of alleys is analogous to the width of local streets. Perhaps the choice <br />was made because alleys are generally less publicly used than streets are. For whatever reason, <br /> <br />PROPOSED LOCAL IMPROVEMENT DISTRICT FORMATION FOR 23 VARIOUS ALLEY <br />LOCATIONS IN THE WEST UNIVERSITY NEIGHBORHOOD GENERALLY BOUNDED BY <br />WILLAMETTE STREET, 19TH AVENUE, KINCAID STREET, AND FRANKLIN BOULEVARD <br /> Page 3 <br /> <br /> <br />
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