Item 6: Ord.on Assess/Garden Way

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A work session was held by the City Council on September 11, 2002, and a public hearing was held by the City Council and Board of County Commissioners on September 18, 2002. At those times, the council reviewed the Planning Commission's recommendations of approving the Chase Gardens Nodal Development Plan which included the proposed design of Garden Way. The council held a work session on October 28, 2002, to discuss testimony and questions raised during the September 18, 2002, joint public hearing. On November 12, 2002, the council passed a motion to approve the proposed design, right-of-way acquisition and bidding to improve Garden Way as adopted and identified by the council in the FY98- FY03 Capital Improvement Program (CIP) and in the FY98 Capital Budget. On September 8, 2003, the council adopted a resolution authorizing through the eminent domain process for needed right-of-way for the purposes of construction of the Garden Way project. The Lane County Board of Commissioners on December 3, 2003, by Board Order 03-12-3-8 authorized the City of Eugene to assess properties outside the City limits for this project as listed below. Gorman tax lot #17033312 00802 White tax lot # 17032840 01800 Wylie tax lot #17032840 00103 tax lot #17032840 00100 tax lot #17032840 00102 Robinson tax lot #17032840 01900 tax lot #17032840 02000 Brenaman tax lot # 17032840 02200 Thompson tax lot #17032840 01101 Bids were opened on March 11, 2004, with Wildish Construction Co. as the low bidder. The City Council formed the Local Improvement district (LID) on April 12, 2004. Construction of the project has been completed, and final assessment costs have been calculated. The property owners were notified of the pending assessment hearing ten (10) days prior to the hearing as required by Municipal Code. The intent of the final assessment hearing scheduled for May 18, 2005, was to review the final project cost, consider comments on the proposed assessments, and to provide evidence to be included in the ordinance levying the assessments by the City Council. Costs are distributed per City Code 7.175, and as outlined in the council-adopted Hearings Official findings and recommendations, and the resolution forming the LID. Properties that are zoned for residential will be assessed for seven (7) feet of pavement width along their frontage. Properties zoned for commercial use will be assessed for ten (10) feet of pavement width. Single-family residential properties that are fully developed or vacant but under 1/2 acre will be assessed for a maximum of 100 feet and a minimum of 50 feet of frontage. Properties that are greater than 1/2 acre and are partially developed with single family residential will be assessed for a maximum of 100 feet of frontage, with the remainder of the frontage assessment being delayed until further development occurs. Vacant properties over ~/2 acre were not levied an assessment with the LID. Assessment fees will be collected for these vacant properties when they are developed in the future. L:\CMO\2005 Council Agendas\M050613\S0506136.doc