HomeMy WebLinkAboutOrdinance No. 20406
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COUNCIL ORDINANCE NUMBER 20406
COUNCIL BILL NUMBER 4970
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)
ADOPTED: March 10,2008
PASSED: 6:0
REJECTED:
OPPOSED:
ABSENT: Solomon, Taylor
EFFECTIVE: March 12,2008
ORDINANCE NO. 20406
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)
The City Council of the City of Eugene finds that:
A. On the 26th day of June, 2000, the City Council, by motion duly passed,
initiated the proposed local improvements. As constructed, the improvement consists of
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.
B. After due notice and a public hearing before the hearing official on June 7,
2006, the City Council formed the Local Improvement District and authorized
construction of the local improvement on June 26, 2006.
C. Several of the properties in the Local Improvement District are located
outside the boundaries of the City. Under provisions of state law, the concurrence of
the Lane County Board of Commissioners is required for inclusion of the properties in
the local improvement district. On February 9, 2005, Lane County Board of
Commissioners issued Board Order 05-2-9-5, concurring that the following properties
be included in the Local I mprovement District: Neely, Tax Lot #17041300 02900; Bimbo
Bakeries USA Inc., Tax Lot #17041300 03000; Atkins, Tax Lot #17041300 03200;
Eugene Bible Center, Tax Lot#17041300 03400; Slocum, Tax Lots #17041300 03500
(vacant property, future equivalent assessment), #17041300 03501, and #17041300
03502; Stor N Lok Warehouses Inc., Tax Lots #17041300 03600 and #17041300
03601. On March 30, 2005, the Lane County Board of Commissioner reconsidered and
made no changes to Board Order 05-2-9-5.
D. The actual cost of the local improvement is ascertained to be
$3,213,249.14, and the amounts to be assessed to, and borne by, the specially
benefited property, and to be borne by the City or others, have been determined in
accordance with applicable provisions of the Eugene Code, 1971 (liE. C.") and as set
forth in Exhibit A attached hereto and incorporated herein by reference.
E. The City Council has established the method of calculating local
improvement assessments in E.C. 7.170 and 7.175.
F. A public hearing on the ordinance, as required by Section 28(2) of the
Eugene Charter of 2002, was scheduled before the hearing official as authorized by
Section 2.007(4) of the Eugene Code, 1971, on February 20, 2008. A notice containing
Ordinance - 1
the information required by E.C. 7.185 was posted on a public bulletin board at City Hall
and given by certified mail to the owners of the parcels of real property subject to the
assessment more than ten days prior to the scheduled public hearing before the hearing
official. At the time and place specified therein, the hearings official considered the
assessment report of the City Engineer and Finance Officer and the testimony and
evidence presented at the hearing.
G. At least ten working days prior to the Council meeting, notice of the
Council's consideration of this Ordinance was published in the Register Guard, and the
Ordinance was posted on the City's web site on the same date, as required by Section
28(1) of the Eugene Charter of 2002.
H. The Council has reviewed and considered the assessment report of the
City Engineer and Finance Officer and the hearings official's findings and summary, and
based thereon,
THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS:
Section 1. The hearings official's summary is hereby made a part of the
Council's record in these proceedings, and the hearings official's findings, including
those regarding compliance with E.C. 7.160 to 7.190, attached hereto as Exhibit Band
incorporated herein by reference, are hereby adopted.
Section 2. The actual assessable cost of the local improvement comprised of
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 is $1,127,258.29 which is hereby assessed against the
parcels of property hereinafter described in the amounts set opposite, respectively.
Section 3. The City Council does hereby determine and assess each lot and part of
lot within the described local improvement district as set forth on the assessment roll
attached as Exhibit C hereto and incorporated herein by reference.
Section 4. The City Council does hereby determine that each parcel of land or
lot herein above described is specially benefited to the extent of the assessment set
forth. The Finance Officer shall give notice of the assessments to the owners of the
assessed parcels advising them the assessment may be paid in full, without interest,
within ten days of the effective date of this ordinance. Assessments that remain unpaid
after the ten day period are declared to be liens upon the respective lots, parts of lots or
parcels of land against which said several amounts are assessed, and may be paid,
with interest on the unpaid principal amount commencing ten days after the effective
date of this ordinance:
4.1 In up to twenty semi-annual installments, including principal and
interest at the rate set by the City Manager as provided in E.C. 2.022 through
2.024.
Ordinance - 2
4.2 If the property owner so elects, in 120 monthly installments, including
principal and interest at the rate set by the City Manager as provided in E.C.
2.022 through 2.024 plus a service charge determined by the City Manager as
provided in E.C. 2.020.
Section 5. The City Recorder is directed to enter in the docket of City Liens a
statement in connection with each unpaid assessment containing the following:
5.1 A description of each lot, part of lot or acreage specially benefited by
the local improvement;
5.2 The name of the owner or reputed owner thereof, or that the name of
the owner is unknown; and
5.3 The sum assessed upon said property, the amount and date from
which interest accrues, and the date of entering the same in the docket of City
Liens.
Section 6. Upon enactment of this ordinance, the City Finance Officer shall
send notice of the assessments by first class mail to the owners of the assessed parcels
containing the information required by E.C. 7.190 and enclose therewith an application
for paying the assessment in installments according to the terms set forth in Section 4 of
this ordinance.
Section 7. Any assessment remaining unpaid and for which no application for
installment payments has been received may be foreclosed as provided by law. The
proceeds from the payment or foreclosure of assessments levied by this ordinance shall
be deposited to the city funds which advanced the cost of construction, engineering and
related expenses or which are used to retire any indebtedness incurred by the City for
this improvement.
Section 8. An immediate effective date of this Ordinance is necessary to allow
the City to begin immediate collection of the assessments that will be used to pay the
obligations the City has incurred for this project. Enabling the City to begin collecting
assessments will avoid increased interest costs and conserve limited City resources.
Therefore, this Ordinance shall become effective immediately upon its passage by the
City Council and approval by the Mayor, retention by the Mayor for more than ten days,
or re-adoption over a Mayoral veto by two-thirds of all members of the City Council.
Passed by the City Council this
10th day of March
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Approved by the Mayor this
12th day of March ""
Ordinance - 3
i
PROJECT LEGAL:
CONTRACT NUMBER:
JOB NUMBER:
ASSESSABLE:
ASSBSSABLB TOTALS:
CITY SHARE:
CITY SHARB TOTALS:
TOTAL COST OF PROJECT:
CITY OF EUGE.NE (PROD)
SPECIAL ASSESSMENT SYSTEM
93003693 - RIVER AVE
PAVING, CONSTRUCTING CURBS AND GUTTERS, SIDEWALKS,
BIOSWALES, AND STORMWATER DRAINAGE ON RIVER AVENUE
ROAD TO 100 FEET WEST OF BETLINE HIGHWAY
2007-00002
93003693
46 PENDING
1 ON HOLD
o LI EN DEFERRED
47
CITY PAVING
CITY SANITARY
CITY STORM
EXHIBIT A
PAGE: 1
STREET LIGHTS, WATER QUALITY
FROM 200 FEET EAST OF RIVER
$1,108,563.22
$18,695.07
$0.00
$1,127,258.29
$1,546,215.24
$31,913.36
$507,862.25
$2,085,990.85
$3,213/249 .14
EXHIBIT B
FINDINGS AND RECOMMENDATIONS
SUBJECT: PROPOSED FINAL ASSESSMENT FOR IMPROVEMENTS FOR PAVING,
CURBS, GUTTERS, SIDEWALKS, STREET LIGHTS, WATER QUALITY
BIOSW ALES, AND STORMW A TER DRAINAGE ON RIVER A VENUE
FROM 200 FEET EAST OF RNER ROAD TO 100 FEET WEST OF
BELTLINE HIGHWAY (CONTRACT #2007-02) (JOB #3693)
.
BACKGROUND
River Avenue is major collector that runs parallel to and south of Beltline Road. At its eastern
end River Avenue connects to Beltline, but also crosses under Beltline to connect to Division
Avenue. The western end of River Avenue connects to River Road. The properties along River
Avenue are primarily commercial and governmental (MWMC Water Pollution Control Facility,
US Post Office and Veterans' Clinic) and multifamily residential. The location of River Avenue,
the uses along River Avenue, and the access it provides to the Willamette River and the Ruth
Bascom trail means that the Avenue has experienced a significant increase in use. The use
caused a significant deterioration in portions of the Avenue.
This improvement project has been 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. Nine community meetings and three
stakeholder meetings were held. The community meetings involved meetings with the River
Road area residents, the Santa Clara and River Road Community Organizations, the Eugene Bike
Coalition and the property owners and residents of River Avenue. A stakeholder group consisted
of representatives of the community organizations and the Eugene Bike Coalition and the
property owners. The stakeholder group developed a design concept approved by Eugene City
Council in December 2005. The Eugene 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
fonnation of the proposed Local Improvement District (LID) and a hearing was held on June 7,
2006.
PAVING, CURBS AND GUTTERS, SIDEWALKS, AND RELATED IMPROVEMENTS ON RIVER AVENUE
FINAL ASSESSMENT Page 1
PROJECT
The street improvements consist of34 to 44-foot wide paving. The improvements included
westbound and eastbound travel lanes with a continuous two way left turn lane, curb and gutters,
sidewalks, and storm water drainage system with water quality bioswales and water quality
structure, on street bike-lanes for the westerly 1300 feet and a multi-use path along the south side
of the road for the easterly 3100 feet. The project addressed the deteriorating roadway, increasing
volumes of traffic and provided for pedestrian safety and alternate modes.
ASSESSMENT
Costs were distributed in accordance with Eugene Code 7.175, and as outlined in the 2006
Council adopted Hearings Official findings and recommendations, and the resolution forming the
LID.
The final unit assessable costs:
Paving lO-foot (per front foot)
Paving 7-foot (per front foot)
Sidewalk and drive aprons (per square foot)
Direct assessed stormwater (2 lots)
$ 114.77
$ 85.34
$ 6.26
$4,562.02
Total Assessable Cost
Total City Cost
Total Project Cost
$1,127,258.29
$2,148,191.34
$3,275,449.63
River Avenue is classified as a major collector. As required by the 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 SDCs, Stormwater
SDCs and Stormwater and Wastewater Utility Funds. The utility funds are utilized for
maintenance work done under the construction contract. The total assessable costs also includes
the $34,670.88 the City will pay for the Federal Post Office. Assessment financing, a 10-year
payment plan through the City, is available to all property owners within the improvement
district, as provided by Eugene Code, Chapter 7.
PAVING, CURBS AND GUTTERS, SIDEWALKS, AND RELATED IMPROVEMENTS ON RIVER AVENUE
FINAL ASSESSMENT Page 2
The estimates developed before the improvement, based on the bids, were slightly higher than the
final cost. The estimates given at the time of formation of the district were:
Paving to-foot (per front foot)
Paving 7-foot (per front foot)
Sidewalk and drive aprons (per square foot)
Direct assessed Stormwater (2 lots)
$ 122.78
$ 91.38
$ 6.48
$4,958.38
Total Assessable Cost
Total City Cost
Total Project Cost
$1,236,289.69
$2,053,097.94
$3,289,387.63
LOW INCOME SUBSIDY
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.
PUBLIC INVOLVEMENT
This project has had a great deal of public involvement. The redesign had significant stakeholder
participation. Since that time participation remained positive, and much reduced. Notice of the
public hearing was sent to all property owners.
Eugene Public Works staff received one inquiry concerning the City's subsidy program, but the
non-residential property did not qualify. Staff received five other calls regarding the process of
final assessment, cost calculations, financing of the costs and details about construction. Qpe
property owner noted the calculation for the concrete sidewalk and driveway area was too high
for their property. Staff concurred and adjusted the account. As a result of this call all other
accounts were reviewed and adjustments made to lower the proposed final assessment.
A public hearing was held on February 20, 2008. Two property owners attended. As reflected in
the attached minutes, Exhibit A, the attendees reported satisfaction with the project.
FINDINGS AND RECOMMENDATION
Notice of the public hearing was provided and all the property owners were given an opportunity
to participate in the hearings.
PAVING, CURBS AND GUTTERS, SIDEWALKS, AND RELATED IMPROVEMEN)'S ON RIVER AVENUE
FINAL ASSESSMENT Page 3
Appropriate notice was given of the public hearing and pending Council action, as required by
the Eugene Charter and Code. Letters informing property owners of the hearing and notification
to property owners of the intent of the City to characterize the assessment as an assessment, not a
tax, as required by ORS 305.583(5) were mailed to the property owners.
The Hearings Officer finds that the project is one for which the assessments are for local
improvements as set forth in ORS 310.410 because
1. The assessments do not exceed actual costs;
2. The assessments are imposed for a capital construction project that provides a
specific benefit for a specific property or rectifies a problem caused by a specific
property
3. The assessments are imposed in a single assessment upon completion of the
project; and
4. The assessments allow the property owners to elect to pay the assessment with
interest over at least ten (10) years.
The Hearings Official also finds that the proposed final assessment, calculated and recommended
by the City Engineer is reasonable and consistent with the Eugene Code. The Hearings Official
recommends that the Council act in accord with the City Engineer's recommendations, adopting
the ordinance prepared for the public hearing, leVYing the assessment as set forth by the City
Engineer.
~~
Milo Mecham
Hearings Official
February 29, 2008
PAVING, CURBS AND GUTTERS, SIDEWALKS, AND RELATED IMPROVEMENTS ON RIVER AVENUE
FINAL ASSESSMENT Page 4