Item 6: Ord.on Assess/Garden Way

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Total Project Cost $ 3,613,813.77 Of the assessable cost, $357,799.58 are delayed street assessments and $200,708.29 are on-hold wastewater assessments. Assessment financing, a 10-year payment plan through the City, is available to all property owners within the improvement district as identified by City Code, Chapter 7. Of the 33 properties in the LID, 6 property owners qualify for the low-to-moderate income subsidy program. This program only applies to owner-occupied properties in the LID. The City will pay in full for the subsidy share, 1 at moderate income (1/3), 3 at low income (2/3), and 2 at very low income (5/6). The total cost for the low income subsidies is $34,110.92. One property owner was originally determined to be eligible, but after the formation of the district, moved out of the residence along Garden Way. The property owner filed an appeal, but then also moved back to Garden Way. The appeal was dropped because the property owner re- qualified. PUBLIC INVOLVEMENT Public involvement in this proposed improvement has been significant since it was first proposed. As the project has moved forward, public involvement has reduced significantly. A heating was scheduled for May 18, 2005 to allow the public to appear and discuss the proposed final assessments. Only one person appeared for the hearing. His questions, which primarily concerned street trees, are recorded in Exhibit A which is attached to these findings and recommendations. FINDINGS AND RECOMMENDATION With regard to the proposed final assessment, the Hearings Official finds that notice of the public hearing was provided and all the property owners were given an opportunity to participate in the hearings. Appropriate notice was given of the public hearing and the availability of the proposed ordinance for LID assessment, as required by the Eugene Charter and Code. Letters informing property owners of the hearing and notification to property owners of the intent of the City to characterize the assessment as an assessment, not a tax, as required by ORS 305.583(5), were mailed to the property owners. The overall cost of the project was approximately $100,000 less than estimated. The assessment amounts and the total assessable costs were reduced from the original estimates. The Hearings Officer finds that the project is one for which the assessments are for local improvements as set forth in ORS 310.410 because PROPOSED FINAL ASSESSMENT FOR PAVING, CURBS AND GUTTERS, SIDEWALKS, AND RELATED IMPROVEMENTS ON GARDEN WAY AND ON THE NORTH SIDE OF MARTIN LUTHER KING, JR. BOULEVARD Page 3