Item 5: Ordinance Levying Assessments for West University Alleys

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him later in the afternoon of the hearing date, but had not been able to tell him that arrangements had been made for him to view the files. Mr. Kloos requested that the record of the hearing be kept open to allow Diamond Parking an opportunity to submit additional comments for the record. The hearings official described the difference between this hearing process and the hearing processes that Mr. Kloos had more experience with. The present hearings process was established as a means for the Council to gather evidence that the Council needed in order to make a decision regarding the assessment of property. This hearing was a part of a larger process, which had been moving forward for several years. Because the construction had been done, there was a debt that was accumulating interest while the process was being completed. A significant delay in the process would result in the accumulation of more debt, which would in turn require recalculation of all the assessments and a new hearing. For that reason, the hearings official was unwilling to delay the process. The hearings official did allow Mr. Kloos an opportunity during the week before the hearings official's report was due to submit any additional statements that Mr. Kloos felt was appropriate. Mr. Kloos indicated that he would be able to comply with the time allowed if he was able to get access to the files. Mr. Kloos then turned to a discussion of the proposed assessments, based on the information that he had. He began by questioning whether the calculation of costs had been done in the manner required by the Eugene Code. Specifically, Mr. Kloos questioned whose time costs, in the City Engineering Division, was being charged to the project, what period the costs included and what hourly rate was used. Mr. Klope explained that the hourly rates were based on the rates set in the city's administrative order on the matter of rates for engineering services. Mr. Klope also explained that the allocation of staff time for this project had begun when the Council authorized the project and the engineering staff began the design work. Mr. Klope promised to provide Mr. Kloos with copies of the applicable administrative orders. Mr. Kloos also asked about the overhead and administrati ve costs assigned to the project. He noted that the reports he had reviewed established these costs at five percent of the total costs, and he wondered if there had ever been any examination of the legitimacy of that figure. The Hearings Official asked Principle Engineer Paul Klope if the calculations in this instance were the same as followed in other assessments. Mr. Klope indicated that it was. The Hearings Official asked for confirmation that, in other assessments where these same procedures were used, the City commonly paid a much larger percentage of the total cost of the project, including administrative fees. When Mr. Klope confirmed this, the Hearings Official informed Mr. Kloos that this seemed to suggest that the City Council had carefully reviewed the charges associated with public improvement projects, since they were investing a portion of the City's limited funds in the projects. The next person to address the hearing was Lloyd Helikson. Mr. Helikson began by saying that he was there to represent his mother, a long time property owner in the area. Mr. Helikson called the hearing's attention to a statement made by city engineer Mark Schoening to the Eugene City Council in January, 2004, where Mr. Schoening Alley Assessment Minutesa Page 6