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<br />Other Communications <br /> <br />On June 11, 1997 the City of Eugene received a letter from Dwight Forgey, General Manager of <br />the Eugene Farmers Co-op. Mr. Forgey felt that the project was more expensive that had been <br />expected, and recommended that the City delay construction and seek bids in a year in hopes of a <br />better price. Mr. Forgey felt that, at the quoted assessed cost for his property, it would be less <br />expensive for his business to remain on the existing private septic system, than to connect to the <br />sewers. The engineering staff has examined the bids, and reports that, although the bids were <br />higher than expected, there is no reason to believe that they will be less a year from now. Mr. <br />Forgey's calculation of costs also did not include the reduction in costs that the City was able to <br />produce by recalculating the total cost with the Irving Road dryline construction cost and service <br />area included. Mr. Forgey also apparently did not calculate the long term costs of remaining on a <br />private septic system, which will eventually have to be replaced. The Engineering Division staff <br />have continued to discuss these issues with Mr. Forgey, including the revised costs and other <br />issues, since the letter was submitted. <br /> <br />FINDINGS AND RECOMMENDATION <br /> <br />Notice of the public hearing was provided and all the property owners were given an opportunity <br />to participate in the hearings. <br /> <br />Property owners who will bear the cost for the proposed improvements were notified of the <br />planned June 4, 1997, public hearing with the hearings official and the City Council session to <br />establish the LID through a notice published in The Register-Guard on May 15, 1997. Letters <br />informing property owners of the hearing and anticipated Council action date and notification to <br />property owners of the intent of the City to characterize the sewer assessment as an assessment, <br />not a tax, as required by ORS 305.583(5) were mailed on May 19, 1997. <br /> <br />When the engineering staff opened the bids, and discovered that the project costs were higher <br />than estimated, staff chose to cancel the June 4 hearing and reschedule for June 12, 1997. On <br />May 30, 1997, staff sent a second letter notifying the property owners of the new hearing date, <br />but a revised notice was not published in the Register Guard. <br /> <br />All property owners did receive actual notice of the rescheduled hearing through the letters sent <br />to them, as allowed in Eugene Code section 7.165(2). While the published notice of the actual <br />date of the hearing specified in Eugene Code, ~ 7.165 as a method of notice to be given property <br />owners was not provided, the alternative form of notice, mailing specific letters, gave the <br />property owners more extensive and more certain notice of the time and purpose of the hearing <br />and of their opportunity to participate. The public hearing itself was conducted in accordance <br />with the relevant provisions of the Eugene Code. <br /> <br />The Hearings Officer finds that the project is one for which the assessments are for local <br />improvements as set forth in ORS 310.410 because <br /> <br />SANIT AR Y SEWER, TRENCH REPAIR AND PAVING IN PRAIRIE ROAD FROM BEL TLINE <br />TO KAISER A VENUE - FORMA nON OF A LOCAL IMPROVEMENT DISTRICT Page 5 <br />