04/25/1977 Meeting - Laserfiche WebLink

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Mr. Richard Smith spoke, questioning who had initiated the petition and how his property could benefit by the sewer when he didn't feel he had enough property to develop. . Mr. Teitzel explained that the developer of Coraly Park Subdivision had petitioned for the improvements and that Mr. Smith's property benefits by virtue of having a sewer and a future street to serve the back portion of his property. Larry Keener, 3760 Pattison Street; Don Berg, 1290 Wait Street, and William Baldwin spoke from the audience, questioning whether their properties would be assessed for this improvement. Mr. Teitzel stated that this assessment would not affect their property. Recommendation: Levy assessment as proposed. C. C.B. 1442--Levying assessments for paving, sanitary sewer, and storm sewer within Burnside Subdivision (76-33--904) No written protests or requests to be heard were received. Recommendation: Levy assessment as proposed. D. C.B. 1443--Levying assessments for paving, sanitary sewer and storm within Nordian Park Subdivision and sanitary sewer to serve the area between Nordian Park and Chambers Street (76-37--1281) Request to be heard was received from Harold R. Daughters for Mr. and Mrs. James P. Johnson of 2550-1/2 Chambers Street, Eugene. - Mr. Teitzel explained that this assessment was initiated by the developer of Nordian Park Subdivision and the Johnson's property was affected by way of it being within 160 feet of the sewer line. Harold Daughters spoke questioning the City policy which states in effect that because property has not been assessed previously, it can now be assessed. He stated that the mere availability of sewers to this property is not an enhancement to the property and that, in fact, there has been no benefit. Mr. Daughters offered a statement from the Planning Commission that the property occupied . and owned by Mr. Johnson is ineligible for subdivision and that there is no potential benefit to the property from this sewer line. Mr. Daughters further stated that the Eugene Municipal Code 7.185 requires that the property be benefited by the improvement, and he felt the Council should consider some of the available authority, such as Gilbert vs. City of Eugene 255 OR 289 and Western Amusement Company vs. City of Springfield, Standley vs. City of Eugene 247 OR 60, and Wayne vs. City of Eugene 249 OR 367, which indicate that the best or highest use of the property can be . considered for the purposes of benefit. Mr. Teitzel explained that the Johnson property sits back from Chambers Street 500 feet more or less and it is presently hooked into the Chambers Street sewer, which was assessed to property within 160 feet of Chambers Street. Policy, Code, and ordinances e < 3Lf-J 4/25/77 - 26