Resolution No. 4534 - Laserfiche WebLink

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specific policy directions of the Eugene Code, the Hearings Official does not recommend that the Council limit the assessment of the Walkers' properties as they request. Driveway Changes The cost of driveway realignment is a common part of many street construction improvements, and such costs are always included as a part of the assessment of benefited properties. It is not at all uncommon for driveways to be realigned when streets are put in, because the street standards require different heights for streets than are used for gravel roads, so that the appropriate support can be installed and the curbs and gutters can serve their role in the storm drain system. In the Walkers' case it is not clear that the Walkers' home was within the city and subject to City standards ten years ago, and even if it was, the City requirements for a driveway onto an undeveloped street would have been different then than the standards for a driveway to enter a developed street now. There would have been no way for the City to specify the type of driveway the Walkers needed to put in ten years ago so that it would not require modification when a street was installed. Altering the driveway so that it joins the street in an appropriate way is a normal cost of a street improvement project. The cost of altering the Walkers' driveway is only being incurred because the Walkers have a driveway that must be aligned with the street, and the Walkers will benefit from the alterations, since they will be able to use the driveway and the street. This portion of the proposed assessment is no more unfair than any other part of the assessment proposed for the Walkers, and it is no more unfair than previous assessments that have been levied on hundreds of other city residents living in other local improvement districts. FINDINGS AND RECOMMENDATION Notice of the public hearing was provided and all the property owners were given an opportunity to participate in the hearings. Property owners who will bear the cost for the proposed improvements were notified of the planned July 22, 1997, public hearing with the hearings official and the City Council session to establish the LID. Letters informing property owners of the hearing and anticipated Council action date and notification to property owners of the intent of the City to characterize the assessment as an assessment, not a tax, as required by ORS 305.583(5) were mailed to the property owners. One such letter, sent to the property owner Daniel O'Sullivan, was returned because Mr. O'Sullivan had not filed the necessary change of address with deeds and records. City staff extended their efforts by reviewing other public data bases and were able to learn Mr. O'Sullivan's present residence. Staff contacted Mr. O'Sullivan by telephone to inform him of the hearing. Appropriate notice was given and the public hearing was conducted in accordance with the relevant provisions of the Eugene Code. PAVING, CURBS, GUTTERS, SIDEWALKS AND STORM AND SANITARY SEWERS ON HERMAN STREET - FORMATION OF A LOCAL IMPROVEMENT DISTRICT Page 4