Sean C. Morgan
Of The New Era
The Sweet Home City Council initiated a local improvement district for 45th Avenue and Kalmia Street during its regular meeting on June 26 in response to a recommendation from the Planning Commission.
The Planning Commission made its recommendation in response to complaints from area residents about drainage and traffic problems.
At the June 4 Planning Commission meeting, residents offered testimony about the problems during a hearing for a new 16-lot subdivision.
The existing problems are not the developer’s responsibility to fix, Community Development Director Carol Lewis said. The area has ongoing drainage problems, and they are well-documented. Residents also reported traffic problems on 45th between Kalmia and Long streets.
“Their preference is to have someone else fix them,” Lewis said. “They aren’t willing to take it on.”
The developer, Danny McCubbins, is planning on half-street improvements along the edge of the subdivision, Lewis said. The other sides of the streets need to be improved as well, but “it’s an ongoing problem we can’t pin to the developers because there’s no natural nexus to their development.”
Lewis was referring to planning case law that requires cities to prove a connection or link between a development and off-site improvements. A city must show that a development directly affects the surrounding area to the point that such improvements are necessary.
The developer told the Planning Commission he would be willing to participate in an LID for the area.
“This is a change from council policy,” Councilor Jim Gourley said. The council’s past practice has not been to do “forced” LIDs.
The process can be ended at any point, Mayor Craig Fentiman said. “It’s not a done process.”
The proposed LID will complete half-street improvements on the east side of 45th Avenue and a 20-foot travel width and intersection improvements at Long Street and 45th Avenue.
On Kalmia, the LID would include half-street from 45th Avenue to 46th Avenue on the north side of the street and half-street improvements on the south side of the street that is not a part of the new subdivision.
City Manager Craig Martin said he is not aware of any LIDs initiated by the city. The city has completed two LIDs, which were initiated by property owners, who can initiate the process by petition.
The LID process is outlined in city ordinance. The ordinance requires the city manager to prepare a report including survey and platting of the project with a description of each lot along with legal descriptions of lots and boundaries of the properties and the owners. He also must estimate the probable cost of the project, including legal, engineering and administrative costs.
After this information is available, the council appoints three property owners who are qualified as “electors” to be “viewers.” They investigate the report and make a recommendation to the City Council regarding the proposed project.
The process continues with notification and a public hearing followed by the passage of an implementing ordinance.
The council voted unanimously to initiate the LID. Present at the meeting were Bob McIntire, Jim Gourley, Eric Markell, Jim Bean, Scott McKee Jr., Rich Rowley and Mayor Craig Fentiman.