Ordinance No. 20040 - Laserfiche WebLink

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EXHIBIT A HEARING GFFICIAL MINUTES SUBJECT: PAVING, CURBS, GUTTERS, AND STGRM SEWERS GN LAMBERT STREET FRGM BR(IADVIEw STREET TG 354 FEET wEST AND 254 FEET NGRTH (CUNTRACT #95-14} (JQB #3247} This project was initiated by a petition (poll letters} from property owners who will bear 58.94 percent of the assessable cost. Based on the petition (poll letters}, the City Engineer initiated the project, as provided for in the Eugene Code 7.160(8}, on May 5,1994 and the City Council formed the LID on June 14,1995. The project has been completed, and final assessment costs have been calculated. A public hearing regarding the proposed district formation was held on February 13,1996 at 6:00 p.m. in the Eugene Hotel Building at 244 E. Broadway, Eugene, Oregon. A staff presentation was made by Paul Klope, Principal Engineer. He was assisted by Bob Terrel, pro ject manager. Mr. Klope explained the project involved paving, curbs, gutters, and storm sewer improvements to Lambert Street from Broadview Street to 350 feet west and 250 feet north. Mr. Klope noted that the total project cost of $124,000 consisted of engineering, design, construction, and notice expenses..The Hearings Official questioned why the final assessable cost for sanitary service was 34 percent higher than that quoted to property owners at the LID formatian hearing following the bid opening. Staff indicated that unit costs were often higher in small projects where economies of scale could not be effectively realized. The Hearings Official then ordered that the hearing record be held open to allow staff to provide evidence that the final assessable costs were comparable to other projects of similar size and nature. Mr. Klope further explained that $105,000 of the total project cost would be assessed to abutting property owners on a front footage basis. Under City Code guidelines, the absolute minimum front footage assessed is 60 feet and abutting properties with less than 60 feet of frontage will be assessed as if they had 60 feet of frontage. Kay Holbo, of 2090 Broadview Street and representing the Mulkey Cemetery Association, testified that the Association was staffed by volunteers and that it had no money available to pay an improvement assessment. Ms. Holbo noted that the Mulkey Cemetery was a historical cemetery that was created ~n the 1920s and which, while owning the cemetery property, didn't normally generate income since the right to use the plots were retained by private families. She stated that the Associated has participated in the transfer (sale} of only two lots in its history. These transfers occur when a family has determined that it will not need an unused portion of its burial plot. The Hearings Official opined that his reading of DRS 223.775(5} was that while the Cemetery Association was liable for an improvement assessment the same as an owner of private property, it's liability for the assessment would be limited only to monies in a fund created from five percent of each sale of a burial plot. The Hearings official suggested that the Cemetery Association would have no current liability and would only be required to make a limited payment towards the improvement when burial plot sales occurred after the adoption of an assessment ordinance by the City Council. The Hearings Official stated that in order to clarify the City's position on this issue he would request an interpretation from the City Attorney.