Ordinance No. 19911 - Laserfiche WebLink

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FINDINGS AND RECD ATIUNS SUBJECT: PAVING, CURBS SIDEWALKS, STGRM SE~~ER,S, AND STREET LIGHTS (lN GREEN ACRES RUAD FROM NGRK.ENZIE RGAD TD DELTA HIGHWAY ~CGNTRACT #91-19} BACKGRaUND This widening, curb, gutter and storm sewer project was initiated by Council Motion on January 14, 1991. The project construction has been completed and all contract payments have been made. It is now appropriate to determine the assessments to be levied against property owners concerning this project. An abjection to the assessment proposed by the City Engineer's office has been made by one of the property owners as entirely too high and inappropriate because it is claimed that the property receives no benefit whatsoever from the improvement. Attached to these Findings and Recommendations as Exhibit "A" through "F" respectively are a Memorandum from the City Engineer dated Apri113, 1993, the Findings and Recommenda- ~.ons of the Hearings Officer submitted to the City Council prior to the formation of the Local Improvement District, a setter to the Hearings Official from the property owner dated July Z, 1991, a Memorandum to the City Engineer from the City Attorney regarding issues raised in the property owner's setter, a recent letter from the property owner to the Hearings Official, and a follow-up Memorandum from the City Attorney dated April 15, 1993. A review of these documents provides a good history for a review of the question presented. ASSESSMENT ISSUE As it has from the initiation of the project, Green Acres Investments has opposed the methodology employed by the City for assessing adjoining property owners for the construction of this project. Green Acres has contended throughout that this project provides na benefit whatsoever to its property since there was already a paved street in front, and the traffic generated by the law practice to which it rents is minimal. The estimation by Green Acres that the office generates 25-30 vehicles per day is unrealistically law for a busy law practice of 6 or 7 lawyers, plus the traffic of two insurance agencies. However, it can be assumed that traffic to this building does not represent a large part of the number of vehicles using Green Acres Road. It also should be observed that Green Acres Road was an unimproved, deteriorating asphalt mat surface, without curbs, gutters or sidewalks, prior to the construction of.this project. Therefore, the references in the materials from the property owner that it had a "paved" street in front of its office before the construction, should be read very generously, The provisions of the Eugene Code which govern the assessments of a project such as this are found in EC 7.175 and are attached hereto as Exhibit "G" . -1-