Item 1: Ordinance Concerning Public Improvements - Chapter 7 Revisions

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ECC UGENE ITY OUNCIL AIS GENDA TEM UMMARY Public Hearing: An Ordinance Concerning Public Improvements; Amending Sections 7.010, 7.085, 7.095, 7.100, 7.130, 7.140 7.145, 7.175, 7.190, 7.205, 7.210, 7.220, 7.290, 7.297, 7.302, 7.305, 7.307, 7.360, 7.370, 7.385, 7.405, 7.407, 7.410, 7.415, 7.425, 7.445, 7.720, 7.725, and 7.735 of the Eugene Code, 1971; Adding Sections 7.090, 7.143, 7.350 and 7.365 to that Code; Repealing Section 7.400 of that Code; and Providing an Effective Date Meeting Date: July 16, 2007 Agenda Item Number: 1 Department: Public Works Staff Contact: Peggy Keppler www.eugene-or.gov Contact Telephone Number: 682-2869 ISSUE STATEMENT The purpose of this public hearing is to solicit testimony on the proposed code amendments to Chapter 7 Public Improvements (see Attachment A: Draft Ordinance). BACKGROUND A City Council work session was held June 27, 2007. The council requested staff to: 1) explain why the definition of driveway only pertained to private property; 2) discuss options for extending the warranty period; 3) clarify length of driveway approaches; and, 4) validate the requirements for homeowners to build access ramps. EC 7.010 Driveway Definition: The use of the term “private property” in the definition of driveway was intended to mean any property not located in the public way. The definition was not intended to differentiate between property owned by a private party and property owned by a public entity. To clarify that the definition of driveway pertains to all real property, whether owned by a private or public entity, the proposed ordinance now reads: “…An area on real property where automobiles and other vehicles are operated and allowed to stand.” EC 7.145 Warranty Period: The council raised the issue of one-year warranty periods for construction. Staff reviewed options for extending the warranty period and recommended that the council modify the definition of warranty period and establish a minimum one-year warranty period in EC 7.145 when the council takes action on the ordinance on August 13, 2007. Eugene’s stringent standards for construction materials and equipment along with its requirements for testing and inspection have effectively protected the city from needing to correct construction defects and failures. The City’s amendments to the “Oregon Standard Specifications for Construction” are currently consistent with the minimum one- year warranty period and provide warranty period extensions as needed for specific project needs. This is consistent with other jurisdictions in Oregon. The proposed code language will be presented to the council at the public hearing. L:\CMO\2007 Council Agendas\M070716\S0707161.doc