HomeMy WebLinkAboutItem 7: Ordinance Levying Assessments for River Avenue
ECC
UGENE ITY OUNCIL
AIS
GENDA TEM UMMARY
Action: Approval of Minutes, Findings and Recommendations from the Hearings
Official and Adoption of an Ordinance Levying Assessments for Paving and
Constructing Curbs, Gutters, Sidewalks, Street Lights, Water Quality Bioswales, and
Stormwater Drainage on River Avenue from 200 feet East of River Road to 100 feet
West of Beltline Highway; and Providing an Immediate Effective Date
(Contract 2007-02)(Job #3693)
Meeting Date: March 10, 2008 Agenda Item Number: 7
Department: Public Works-Engineering Staff Contact: Michelle Cahill
www.eugene-or.gov Contact Telephone Number: 682-6855
ISSUE STATEMENT
The City Council is being asked to approve the Hearing Official’s Minutes, Finding and
Recommendations dated February 29, 2008, and adopt an ordinance levying assessments for paving and
constructing curbs, gutters, sidewalks, street lights, water quality bioswales, and stormwater drainage on
River Avenue from 200 feet east of River Road to 100 feet west of Beltline Highway.
This item has an immediate effective date. An immediate effective date requires a two-thirds majority
or six affirmative votes from the council to enact. Ordinances without an immediate effective date do
not take effect for 30 days. Without an immediate effective date, an additional 30 days of interest
expense will accrue.
BACKGROUND
The improvement project was included in the adopted Metropolitan Transportation Plan first adopted in
1986 and subsequently updated and adopted. The project was initiated by council action on June 26,
2000, by adoption of the 2001 Capital Budget and pursuant to Section 7.160(5) of the Eugene Code
(EC), 1971.
On February 9, 2005, Lane County Board of County Commissioners issued Board Order 05-3-9-5,
concurring that nine properties that were outside the city limits be included in the Local Improvement
District.
An initial hearing, in the spring of 2005, regarding the formation of the Local Improvement District
indicated lack of support for the project. Additional work was done to create a design for the
transportation improvements that the property owners and community organizations supported. The
City Council approved the revised conceptual design December, 2005. Bids were opened on May 25,
2006, with Delta Construction dba Delta Concrete as the apparent low bidder. Property owners were
notified of a public hearing regarding formation of the proposed Local Improvement District (LID) and
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a hearing was held on June 7, 2006. The City Council formed the Local Improvement District for this
project on June 26, 2006.
Construction of the project has been completed, final actual costs have been tabulated, and final
assessment costs have been calculated. The property owners were notified of the proposed assessments
and the pending assessment hearing ten (10) days prior to the hearing as required by Eugene Code.
The final assessment hearing was held on February 20, 2007, to review the final project cost, consider
comments on the proposed final assessments, and to provide evidence to be included in the ordinance
levying the assessments by the City Council. One property owner attended the hearing (see Hearings
Official Minutes).
Project
River Avenue is a major collector located on the north side of Eugene, running parallel to, and then
connecting to, Beltline Road. River Avenue also connects to River Road, Division Avenue, Ross Lane
and Beaver Street, and is one of only three ways to cross Beltline Road between the Northwest
Expressway and the River. In addition, from River Avenue there are two connection points to the Ruth
Bascom Riverbank Trail System. These factors combined created a need to accommodate a variety of
transportation users, including bicyclists, bus riders, pedestrians, and motorists for current and future
needs. The land use is primarily commercial, government (MWMC Water Pollution Control Facility,
US Post Office and Veteran’s Clinic) and multi-family residential.
The street improvements consisted of 34- to 44-foot wide paving. The improvements included
westbound and eastbound travel lanes with a continuous two way left turn lane, curbs and gutters,
sidewalks, and storm water drainage system with water quality bioswales and water quality structure, on
street bike-lanes for the westerly 1,300 feet and a multi-use path along the south side of the road for the
easterly 3,100 feet. The project addressed the deteriorating roadway, increasing volumes of traffic and
provided for pedestrian safety and alternate modes.
Assessments
Costs were distributed per Eugene Code 7.175, and outlined in the council-adopted Hearings Official
findings and recommendations, and resolution forming the LID.
final (2008) assessable unit
Below are the costs:
Paving 10-foot (per front foot) $ 114.77
Paving 7-foot (per front foot) $ 85.34
Sidewalk and drive aprons (per square foot) $ 6.26
Direct assessed stormwater (2 lots) $4,562.02
final project costs
A breakdown of the by assessment and City share includes:
Total Assessable Cost $1,127,258.29
Total City Cost $2,085,990.85
Total Project Cost $3,213,249.14
Per Eugene Code, property owners on a major collector street are assessed for a portion of the width of
the street based on zoning. The City pays for the remaining street and non-assessable storm drainage
costs. The non-assessable City share for this project will be funded from Transportation SDC,
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Stormwater SDC and Stormwater and Wastewater Utility Funds. The utility funds are utilized for
maintenance work done under the construction contract. Additionally, by code, the costs are spread to
every benefiting property. However, one lot is owned by the Federal Government and the Courts have
ruled local jurisdictions cannot levy assessments against the Federal Government. So the total
assessable costs include the $34,670.88 that is the Federal Post Office share of assessments. The City
will pay that portion of the assessable amount from Transportation System Development Charge Funds.
Assessment financing, a 10-year payment plan through the City, is available to all property owners
within the improvement district as identified by Eugene Code, Chapter 7.
estimated assessment
Based on the low bid received, the costs listed below are the costs plus
at the time of the formation of the LID
contingency calculated (June 2006):
Paving 10-foot (per front foot) $ 122.78
Paving 7-foot (per front foot) $ 91.38
Sidewalk and drive aprons (per square foot) $ 6.48
Direct assessed Stormwater (2 lots) $4,958.38
Total Assessable Cost $1,236,289.69
Total City Cost $2,053,097.94
Total Project Cost $3,289,387.63
Following the mailing of the proposed assessment notices, staff received new information that some of
the property owner’s assessments should be adjusted. The engineer’s report to the Hearings Official and
the ordinance posted on the web reflect that sixteen accounts would be adjusted lower, however, upon
further review, one account should remain as was indicated in the Notice of Proposed Final Assessment.
The Hearings Official was notified of the change and the ordinance attached reflects the 15 accounts
lowered. For fifteen properties, courtesy notices of the proposed lower assessments have been mailed.
Further detail is included in the report to the hearings official. Also, different in the attached ordinance
from the ordinance posted on the web, is the dollar amount of the Total Project Cost and the Total City
Cost. The dollar amounts on the web ordinance reflected an administrative fee that the City does not
pay in the project costs. This change does not modify the Proposed Assessments.
Ten potential residential property owners were notified of the Low-to-Moderate Income Street
Improvement Subsidy program. The subsidy program is available to property owners who occupy a
single-family dwelling or duplex and meet other program criteria. Owners were sent fact sheets which
describe the household size and income levels for the subsidy program which is based on the current
Lane County Median Family Income. Property owners were given until February 4, 2008, to return
their application forms to determine eligibility. Of the ten property owners, none of the owners have
indicated they qualify for the program.
RELATED CITY POLICIES
The assessment costs were distributed as outlined in the council-adopted Hearings Official’s Findings
and Recommendations and Resolution forming the LID.
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COUNCIL OPTIONS
Special assessment provisions adopted as part of the LID resolution cannot be modified during the final
assessment process if they result in increased costs to the property owners. The final assessment hearing
was to review the calculations to assure conformance with the requirements stated in the LID resolution
and the Eugene Code.
Per Section 7.187, the City Council can take the following actions:
1.Approve the Minutes, Findings and Recommendations of the Hearings Official of February 29,
2008, and adopt the ordinance levying assessments.
2. If after the review of the proposed assessment, the City Council determines that the assessments
should be modified, staff would be directed to publish a new notice and a public hearing must be
conducted. New findings would then be prepared for City Council adoption.
CITY MANAGER’S RECOMMENDATION
The City Manager recommends approval of the Minutes, Findings and Recommendations of the
Hearings Official and adoption of the ordinance levying assessments.
SUGGESTED MOTION
1.Move to approve the Minutes, Findings and Recommendations of the Hearings Official of February
29, 2008.
2.Move to adopt an ordinance levying assessments for paving, constructing curbs, gutters, sidewalks,
street lights, water quality bioswales, and stormwater drainage on River Avenue from 200 feet east
of River Road to 100 feet west of Beltline Highway; and providing an immediate effective date.
ATTACHMENTS
A.Ordinance - includes Hearings Official’s Minutes, Findings and Recommendations
FOR MORE INFORMATION
Staff Contact: Michelle Cahill
Telephone: 682-6855
Staff E-Mail: michelle.r.cahill.@ci.eugene.or.us
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