Ordinance No. 19960 - Laserfiche WebLink

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LID. Since the LID has been formed and the project constructed, a final determination on these matters has been made, and objections pertaining to them are beyond the scope of matters which can now be considered by the Hearings official. The question of whether the design provides public safety benefits has been raised by a property owner. However, the previous Hearings official found that the project would benefit the public safety of Eugene, and revisiting that issue would be outside the scope of these Findings and Recommendations. Pro'ect Desi n Two parties have objected to the project's design, sidewalk in the street for some distance. As noted based on a final design and construction of the pro properly consider objections to the project design. Notice of LID Formation particularly its placement of the above, after formation of the LID ;ct, the Hearings official can not One property owner has contended that notice of formation of the LID was not received. The record discloses that this owner was included in the mailing list of property owners to which this notice was sent, so there is not a sufficient basis to conclude that this notice was not provided. Ex anded LID Boundar Cne property owner has proposed that the boundaries of the LID be expanded to include more properties, because this project creates a benefit far a wider area. Whether or not this is accurate, expanding the LID boundaries is not possible consistent with the Eugene Code. The Code both limits assessable properties to those abutting an improvement Ccite~, and does not allow for expanding LID boundaries after formation [cite]. Moreover, virtually all public improvements provide some benefit to non-adjacent areas, but the intent of the Eugene Code is clear in that only adjacent properties are to be assessed for such improvements. Expanding the LID boundary is not plausible in this case. Bonamici Pro ert The Bvnamicis were originally advised by City staff that their property would not be assessed for the sidewalk improvements. This advice was based on the erroneous determination that sidewalks had been installed along the entire frontage of the Banamici property. When City staff later discovered that this was not true and five feet of sidewalk were installed in front of this property, they proposed to assess this property for those five front feet. The property owners objected, based on the prior representations by the City staff. In legal terms, the property owners' claim is that the City should be estoppel from assessing their property because of these erroneous representations. However, estoppel against a government entity is extremely difficult to establish. This is true even if public officers are guilty of negligence, mistake, misconduct, or omission. School District 47J o umbia__Coun~y U.,, N„a~ional,,.. Bank of Po, ~, _ y. . S. ,, rtland, ~ 87 fir. 360, 2 ~ ~ P.2d 723 (~ 949}. Sidewalks on Emerald Street -Job #2844 Findings and Recommendations -Page 3