Ordinance No. 19807 - Laserfiche WebLink

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assessment process has been presented by Mr, Pat Langan; who is also a member of the Public Works Staff. Mr. Langan essentially had three complaints; ~1} that he was not provided information in a timely fashion; ~2} that he is being unfairly assessed for a fire hydrant and {3} that the City should not have reduced the assessment to the mobile home park for the lateral sewer assessment as has been proposed by Staff. Regarding the issue of provision of information, the Memorandum of Mr. Larsen suggests that appropriate documentation was made available to Mr, Langan in a reasonably timely fashion. Eugene Code 7.2G~ provides that no local improvement assessment is invalid by reason of the failure to provide all required information or any other delay, omission or irregularity. Certainly it does not appear to have been any intention on the part of City Staff to deprive Mr. Langan of that which he requested, Therefore, the Hearings Official does not find that Mr. Langan was denied information. There is no doubt that he was disappointed about his perception of lack of responsiveness by City Staff, and that this is unfortunate in light of future working relationships. However, the situation would not invalidate the assessment process. There was considerable debate during the public hearing and in the memoranda provided to the .Hearings Official regarding the area benefitted by the fire hydrant. As noted in the Minutes, there is a f~foot high fence running the entire length of Sheraton Drive which buffers the mobile home park from that street. It is the finding of the Hearings Official that the placement of the hydrant was made with the concurrence and advice of the fire marshall and EWEB personnel. The Memorandum of Mr, Lyle points out that an additional hydrant will be required south of Babcock Lane and that property owners south of Babcock will be required to pay for that hydrant, Therefore, it is the finding of the Hearings Official that it is reasonable to assess only the west side of Sheraton Drive for the fire hydrant improvement. The fence which borders the east side of Sheraton Drive would be a substantial impediment to the availability of this fire hydrant for use in the mobile home park. There is already an adequate fire hydrant system available in the mobile home park itself. While it is possible that lines might run to this fire hydrant if there was a major conflagration within the mobile home park, that would be a highly unusual occurrence. The Memorandum from Mr. Lyle reveals that there was a calculation error in the approximate amount of $210 for the cost distribution for the hydrant, This will result in a small amount of reduction for those properties which have been assessed for the hydrant. Property owners will be informed of the net reduction. It is the recommendation of the Hearings official that the ordinance prepared by Staff reflect that reduction. Mr. Langan also indicates in one of his memoranda belief that there is a double credit to the developers of the mobile home park which has had the effect of raising the assessment for lateral sewer for other property owners from $.16 to $.20 per square foot. Upon reviewing the original Memorandum of the City Engineer, as supplemented by his Memorandum of October 27, 1991, and upon reviewing the memoranda of Mr. Langan, it is -3-