HomeMy WebLinkAboutItem 3 - Alley Assmt. OrdinanceEUGENE CITY COUNCIL
AGENDA ITEM SUMMARY
Action: An Ordinance Concerning Apportionment of Assessments for Alley
Improvements; Amending Section 7.175 of the Eugene Code, 1971; and Providing an
Effective Date
Meeting Date: May 24, 2004 Agenda Item Number: 3
Department: Public Works Staff Contact: Mark Schoening
www. ci. eugene, or. us Contact Telephone Number: 682-5243
AGENDA ITEM SUMMARY
The City Council is being asked to adopt an ordinance that would amend the Eugene Code pertaining to
the apportionment of assessments for alley improvements. The amendments to the Eugene Code would
require that all costs associated with alley improvements be assessed to the benefitting properties and that
assessments be calculated on a block-by-block basis. The amended code would still apportion
assessments for alley improvements using land use weighting factors based upon zoning and existing use
applied to property area and alley frontage, respectively.
The City Council adopted an identical ordinance on May 10, 2004 by a 5-2 vote. However, the
Municipal Charter requires an affirmative vote of two-thirds of the City Council for ordinances amending
the Eugene Code pertaining to assessments.
BACKGROUND
Council Action History
The City Council held a work session on November 24, 2003, to review a report from the City Engineer
covering the feasibility and estimated cost to improve the unimproved alleys, funding sources, range of
estimated assessments, assessment code issues, design standards, timing and a proposed implementation
plan. The City Council directed the City Manager to proceed with a project to improve the unimproved
alleys in the West University Neighborhood (WUN), consistent with the WUN Task Force Final Report
and to pursue potential additional funding sources to replace the Community Development Block Grant
(CDBG) funds. Also, at this meeting staff identified issues with the current method of apportionment of
costs for alley improvements and proposed future consideration by the council of amendments to the
Eugene Code regarding the apportionment method. The council also requested that staff investigate the
feasibility of amending the Eugene Code to assess all costs associated with alley improvements.
The City Council held a work session on March 8, 2004, to discuss the Eugene Code regarding the
apportionment of assessments for alley improvements. The direction that staff received was that the
majority of the council want an apportionment method that includes a land use factor and support
assessing all of the costs associated with an alley improvement to the benefitting properties.
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The City Council held a public hearing on the ordinance changes on April 12, 2004. There was no public
testimony at the hearing.
The City Council adopted an identical ordinance on May 10, 2004, by a 5-2 vote.
Policy Issues
The policy issue before the council is whether to amend the Eugene Code pertaining to the apportionment
of assessments for alley improvements to assess all of the costs associated with an alley improvement to
the benefitting properties.
Council Goals
FAIR, STABLE AND ADEQUATE FINANCIAL RESOURCES - A local government whose ongoing
financial resources are based on a fair and equitable system of taxation and other revenue sources and
are adequate to maintain and deliver municipal services.
Financing of alley improvements through the formation of local improvement districts fairly and equitably
allocates the cost of the improvements to the benefitting properties. Assessing all of the costs associated
with alley improvements is reasonable because alleys primarily benefit the abutting property owners.
Financial and/or Resource Considerations
Amending the Eugene Code requiring that all costs associated with alley improvements be assessed will
increase the financial burden to the benefitting properties. As an example, under the current Eugene
Code for the proposed WUN alley local improvement district (LID), it is estimated that the City's share
of the total project cost of $1.6 million will be $116,000 or approximately 7%. Because of the large
number of alleys involved in this project, it is believed that the approximately 7% City cost would be
typical of alley improvement projects throughout the City.
Amending the Eugene Code requiring that assessments be calculated on a block-by-block basis rather
than a segment-by-segment basis will slightly simplify the assessment process while continuing to allocate
the costs for each alley to the properties abutting and having direct access to the alley.
Timing
Per the Municipal Charter, ordinances amending the sections of the Eugene Code pertaining to the
procedures and assessments for public improvements are effective six months after City Council
adoption. The council initiated the WUN alley improvement project at the January 12, 2004, City
Council meeting. This action allowed staff to proceed with the public outreach, design and bidding of the
improvements. It is anticipated that the council will adopt a resolution forming an LID for the WUN
alley improvements in early April 2005. This will allow construction of the improvements to occur in the
summer of 2005. Amendments to the Eugene Code must be adopted by early November 2004 to be
applicable to the WUN LID. More importantly, staff have initiated a public communications plan for the
WUN alley improvement project and information on individual assessments is likely to be the most
frequently asked question. Therefore, the timely adoption of amendments to the Eugene Code will
ensure a successful public communications plan.
OPTIONS
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The options available to the council include:
1. Adopt an ordinance amending the apportionment of assessments for alley improvements.
2. Do not adopt an ordinance to amend the apportionment of assessments for alley improvements.
STAFF RECOMMENDATION
Staff recommends that the council adopt an ordinance amending the apportionment of assessments for
alley improvements.
SUGGESTED MOTION
Move to adopt an ordinance concerning apportionment of assessments for alley improvements; amending
Section 7.175 of the Eugene Code, 1971; and providing an effective date.
ATTACHMENTS
A. Proposed Ordinance
FOR MORE INFORMATION
Staff Contact: Mark Schoening
Telephone: 682-5243
Staff E-Mail : Mark. A Schoening~ci.eugene.or.us
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ATTACHMENT A
ORDINANCE NO.
AN ORDINANCE CONCERNING APPORTIONMENT OF
ASSESSMENTS FOR ALLEY IMPROVEMENTS; AMENDING SECTION
7.175 OF THE EUGENE CODE, 1971; AND PROVIDING AN EFFECTIVE
DATE. (CB #4871)
THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS:
Section 1. Subsection (6) of Section 7.175 of the Eugene Code, 1971, is amended as
follows:
7.175 Local Improvements - Apportionment of Assessments.
(6) Alley improvement assessments. Alley improvement assessments
shall be apportioned as follows:
(a) The front footage of a parcel along the alley shall be ascertained
and that footage shall be weighted, on the basis of existing use of
the parcel under the zoning of the city, by multiplying the footage
by the factor indicated for that use in the following table:
Use Factor
Single family dwelling or duplex 1.0
Other residential 3.0
Commercial or General Office 10.0
Industrial 10.0
Other 1.0 - 10.0
According to the most intensive use of the parcel most
comparable to the use listed above as determined by the city
engineer.
(b) The area of each such parcel that is within 160 feet of the alley, as
measured at right angles from the front footage of the parcel, shall
be ascertained and that area shall be weighted on the basis of
permissible use of the parcel under the zoning of the city, by
multiplying the area by the factor indicated for that use in the table
set forth in (6)(a) of this subsection.
(c) One-half of the general costs and overhead to be assessed shall
be apportioned on the basis of the weighted front footage and
one-half on the basis of the weighted areas.
t ......................... Y '~"'1~ ....... · ~~" '~'~'~ "~'""~ '~' ,~u ,.,,.,, ~re
eh,nil I~ far a,nr, h e~t'q-iar'~ af t-h~ ,nll~t et~r~,nr,nft~l~t 1
Assessments for alley improvements shall be calculated on a
Ordinance- 1
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block-by-block basis and shall include all the costs of the
alley improvement, including, but not limited to:
1. Catch basins and pipings from catch basins to storm
sewers for properties specially benefited by the basins;
and
2. Intersections of alleys, and intersections of alleys with
streets.
~ecfion 2. Th~ Oity ~oord~r, ~t th~ r~qu~t of, or with th~ oonourmno~ of th~
Oity Attorney, i~ ~uthoriz~d to ~dmini~tmtiv~ly correct ~ny r~f~r~no~ ~rror~ contained
h~min or in other provi~ion~ of th~ ~u~n~ Ood~, ~?~, to th~ provi~ion~
~m~nd~d or r~p~l~d h~min.
~ecfion ~. Motwith~t~ndin~ th~ provi~ion~ of 8~otion ~2 of th~ ~u~n~ Oh~rt~r of
2002, pursuant to 8~otion ~ of that Oh~rt~r, th~ ~m~ndm~nt~ to 8~otion ?.~ ?~ of th~
~u~n~ Ood~, ~?~, ~ provided in thi~ Ordinance, ~h~ll b~oom~ ~ff~otiv~ ~i~ month~
from th~ d~t~ of it~ p~ by ~n ~ffirm~tiv~ vot~ of two-third~ of th~ m~mb~r~ of th~
Oity Oounoil. Mow~v~r, th~ ~m~ndm~nt to that ~otion ~h~ll not ~pply to ~n
improvement ~uthoriz~d by th~ Oity Oounoil prior to th~ ~ff~otiv~ d~t~ of thi~ Ordinance.
~ssed by ~he Bi~y Bouncil ~his ~ppro~ed by ~he ~yor ~his
~ d~y o~ ,2004. ~ d~y o~ ., 2004.
City Recorder Mayor
Ordinance - 2
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