04/14/1975 Meeting - Laserfiche WebLink

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. i /I vi ew of the vaCilllCl1 rilte ,in Churchill Villaye and tile i.'collomi C si tuat,ion ~vllich lvoulrl preclude development of other adjacent: pro/iort-ies. She added t:lwt Ilt.:'r attorney llild dc/vised her "she had a case" l>C!CdllSC of failure of the ci ty to give her proper notice of construction of the ,roject. In response to Councilman Bradley, Ms. Martinsen said she finally received notice through the U. S. National Bank in Portland tilat it h1as orig.inally sent to the Ma,in Branc I in Eugene and subsequently forwarded to several other Jiranches before arr.i v ing in t:he trust department in Por tlilnd. The second notice, she said, was received on the Friday before the date of panel hearing, d~ad1ine for giving notice of intent to appear at the hearing was Thursday. Bert Teizel, city engineer, explained that the street improvement was a re- quirement for approval VI} the Planning Commission of the c"hurchill Village PUD. The developer of that PlJf) had prov,ided the ci ty wi tll deed for the riyllt-of-way tllrouclh tlle Martinson property at the time of petitionilHI the street paving. 'I'his portion of the street Ivc1S cons tcucted to dCCOll/lllOdate a sec:ond phase of the PUD which did not ll/iltericJl.izc. Mr. 'l'citzel said there ~viJS on file an earnest money ayrc7em,!nt hetween C. L. and D. V. Ogle and Ms. Martinson with regard to possibl(! plJf) on the Martinson property cJS we.ll as the request from Churchill Village for the second phase. Since the city had the deeded right- of-way, it ~vcnt alwad with the improvement on that basis with the understand- inCf that everllone concerned tvas aware of it. Mr. 7'eitzel ,Hlded that legal - requirement for notice Iv,]S cOlllplc'd with bl] advertisinq in loccJ1 /Jclper, ZJnd that courtesy not.icl.'s tvU{'(' ~~ent 1';0 property mvners involved. The notice to Ms. Martinson, acconlinCJ to rccorcls, WilS :;cnt to the IJ. S. National Dallk CJnd cl cOPt! S,?llt to Mr. Oe;)". Notices ~v('T'e also sent to School /)istr_ict 4,] and Churchill VilIayc> since t!H'.'Y own property abutting tJ)(.' street improvement. . MS. Martinson saie/ t,llcre ~vas no va.licl aqrecment w,ith Mr. 0</10, ,it was not completed. NciUlcr Wd.'; tlll.'re il contract with Churchill Villac7c. She said tlJC.:re was no litiyation involved, in response to COuTJc.i.llllan Hamel. Nr. 'J'cit7.cl /JOinr:<.'rj (Jut 1:11.11: tIlL' streel right-of-wall was deu(/crl bl] NS.Ncirtinson ufJ(} t:lJ('> II. ,c;. Ndtiolldl /1,1/11\ ill oreIer I{) cOIII/Jlete tilL' DClc:el: cunfl,.'ction betlveefl RJilcl} lI.i II UO.:Jcl dlUl li<!r/elsL'1l l<Odrl. ".ls. Nart,/nson sdid sIlt.' WLlS dwcJrc of that, in res/Jo/Jse 1:0 rJucst iOllilll1 from Counc.; lman IIcJlflc1, 1m I: ShL' hul /Jnt been c1WcJrc of dl)l./ })/'()!Josc'rl ./ /I/fJro V L'lIIen t. Councilman Ii:/Ine,l \vonclen.cJ jf the assessment could VL' deFerred. Mr. 'l'eit:zel an:ilvcrc(1 thelt t:hc eli ((erence IJetween the 36-foot and J8-foot \vl(llhs could be . deferred. Ie didn1 t appCiJr there could be anythiny other than that s,ince all legal n..'C{uireJllcnts IveH~ met and the improvement h1as accomplished in accordance w.ith chi.1rtcr provisions. Ms. Martinson re.itcrated her contention that Oregon latv had not been follOlved in tlJilt slle hcJrl not receiveclnotice of intent to make th;JimUl'ovclllent. Mr. 7'c'itzel didn't see anI) legal problem since it was a quc::;tion of \vhather Mr. Ogle had any legal right in the property. e Councilmiln Bradley asker] \vhet/Jer there would havc been any change in the situa- tion had Ms. NcJrtinson received notice as she wished ami filed a remonstrance at the first hearing. Mr. TeitzL'.l said there woul'd have heen none, that her property constituted 27'J{, of'the total properties ahutting the'improvement lie said there were no others objecting to the assessment. Ms. Martinson questioned the perccmta'fe figure stated, maintaining that she WcJS being c1ssesscd lOO~~ of the cost for tIle .improvemcnt alJutting her JJro[>crtl} lvhich she had not requested. \~3 4/14/75 - 31