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<br />R. AssessmentHea~ing Panel Report ~ February 19, 1973.
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<br />- P;es;;lt';'-Coun~iim-en Hershner and Wood;-Assistant I5Ire-ctor 'ofPtlblIc-Works and city' E~gi'n-ee1;
<br />and Assistant Finance Officer.
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<br />:Assessment ordinances to be considered by Council on February 26, 1973:
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<br />:1. C.B.160 - Levying assessments for sanitary sewer between Delta Highway and 1250 feet
<br />east of Delta Highway from 500 feet south of Goodpasture Island Road to
<br />1500 feet north of Goodpasture Island Road (72-16)
<br />Held from February 12, 1973 Council meeting. No written protests on file.
<br />Marvin Knutson, ~355 Inglewood, requested to be heard but was not present.
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<br />i After hearing was closed on other assessments Assistant Public Works Director explained
<br />that Mr. Knutson asked for deferment of assessment against Phases II, III, and IV of
<br />Flintridge Village planned unit development in return for trunk line easement through
<br />the property. Final approval has been granted on Phase I, and preliminary approval.
<br />has been granted on Phases II, III, and IV. Public Works recommended deferment of that
<br />portion of the assessment levied against Phases II, III, and IV, subject to granting of
<br />easement for the trunk line, with assessment to be made against those phas,es as they
<br />are developed.
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<br />Councilmen Hershner and Wood expressed general agreement on granting the deferment but
<br />felt that some time limit should be set for development of the other sections.
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<br />Recommendation: Levy assessment as proposed, deferring that portion levied against
<br />Phases II, III, and IV of Flintridge Village PUD subject to granting
<br />of trunk line easement through the property, and subject to working
<br />out with Mr. Knutson a time limit for development of ,Phases II, III,
<br />and IV. Approve
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<br />2.' C.~.179 - Levying assessments for paving 43rd Avenue from West Amazon Drive to the
<br />west 320 feet (72-21)
<br />Written protest received from George and Iola Houts, 4130 West Amazon Drive, objecting
<br />to the $327.78 charge against each of three lots for sewer stubs.
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<br />Richard Fisher, 1590 High Street, attorney representing Ruth Lee, 4120. West Amazon Drive,
<br />presented his client's objection to the sewer stub charge against two lots. He said
<br />that Mrs. Lee, in attempting to determine costs to enable her to establish a selling
<br />price for the two lots, contacted the Public Works Department with regard to the pro-
<br />posed paving of West 43rd. She indicated to him that at no time was she informed of
<br />the installation of the stubs nor that their cost was to be included in this assess-
<br />ment. He said Mrs. Lee did not appear at the public hearing at time of bid award for
<br />for the 43rdAvenue paving since it was agreeable to. her at that time that the paving
<br />proceed at the estimated cost of $15.58 per front foot. Not until the notice of assess-
<br />ment was rec~i~edwere they aware that the sewer stub charge would be included. He
<br />said the selling price of the two lots would be difficult to renegotiate now. He main-
<br />tained that there should have been some indication from the City of its policy to in-
<br />stall sewer stubs where subdivision has been accomplished prior to street improvement.
<br />Mr. Fisher. said that because of this failure to inform Mrs. Lee that the stub cost
<br />would be included, the City should pay that portion of the assessment (2x$327.78=$655.56).,
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<br />Don Gilman, assistant public works director, said the total amoUnt was known at the
<br />time of public hearing on the bid award and Council was informed at that time that it
<br />involved both paving and sewer stubs. Bert Teitzel, city engineer, added that it was
<br />true the cost ,of the stubs was not included in the letter of inquiry asking whether
<br />the prqperty owners wished to proceed with the paving, but it was listed on the bid
<br />tabulations and th~~ information was available at the public hearing, notice of which
<br />was given to property owners.
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<br />Ronald Schmaedick,315 W~st Broadway, of Rams Realty, said he had been working on the
<br />sale of this property for some time on behalf of Chaparral Homes. He reviewed subdivi-
<br />sion of the Lee and Houts properties and previous assessments for sewers to serve them.
<br />Chaparral Homes bought the properties with the understanding all improvements would be
<br />in, and assuming that sewer stubs were a part of those improvements just as much as curb
<br />and gutter, although they were not mentioned either. However, in determining the costs,
<br />to be included they understood the total price would be about $15.00 per front foot, ' .
<br />including too the 10% enginel3ring fee. All sale prices, including those bf houses con":"
<br />structed on the lots, he said were based on the estimated cost of a little more than'
<br />, $15.00 per front foot given them by Public Works. For that reason, Mr. Schmaedick said
<br />the City should make some adj ustment on that portion of the assessment covering the .I
<br />sewer stubs. /
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<br />2/26/73 - 14
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