Item 5: Ordinance Levying Assessments for West University Alleys

Home Browse Search

estimated that the assessments for the West University alley project would be in the neighborhood of $2000 to $4000. Mr. Helikson pointed out that the assessment on his mother's property was nearly four times the high end of the estimate, at over $15 thousand. Mr. Klope discussed the timing of that projection with Mr. Helikson. Mr. Klope explained that that estimate had been very early in the process, and that since that time, the price of elements of construction, especially concrete, had escalated tremendously. Mr. Klope felt that these price escalations, as well as the uncertainties of making project costs early in the project, accounted for the difference in projected costs. Mr. Helikson also raised some specific objections to the proposed assessments. Mr. Helikson did not believe that it was appropriate to have such a high percentage of the total (28.5 percent) represented by engineering fees. Mr. Klope assured Mr. Helikson that that was not an unusual percentage for engineering costs. Mr. Helikson also asked about the propriety of the City beginning to charge engineering costs to a project before the project was approved by the Council. Mr. Helikson noted that in this case the charter required that assessments for a project could not be initiated until six months after any Code changes affecting the assessment went into effect. Mr. Helikson believed that it was a violation of due process to include charges for the design work done before the latest ordinance affecting alleys went into effect. City Engineer Mark Schoening assured Mr. Helikson that his department had been careful about the timing of this project. The question of charging before the local improvement district was formed had been reviewed by the city attorney and the attorney's conclusion was that this was appropriate. Mr. Helikson also noted his objection to having to file a public records request to review the file. Mr. Helikson felt that he should have been afforded immediate and free access to the files in this matter. Mr. Helikson questioned whether the proposed assessment complied with the requirements of the Oregon Constitution, which limited assessments to actual costs incurred by the government. He believed that the engineering costs included factors such as the budget needs of the City, and therefore did not reflect the actual costs to the City. He also argued that the fixed administrative fee of 5 percent was not appropriate, since it probably did not reflect actual costs. There being no further inquiries or statements, the hearing closed at 8:25. Alley Assessment Minutes Page 7