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HomeMy WebLinkAboutResolution No. 4575 RESOLUTION NO. Jf's-?5' A RESOLUTION FORMING A LOCAL IMPROVEMENT DISTRICT FOR PAVING, CURBS, GUTTERS, SIDEWALKS, STREET LIGHTS, STREET TREES, WASTEWATER AND DRAINAGE SYSTEMS ON TERRY STREET FROM ROYAL AVENUE TO MORELY LOOP. (JOB #3599) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EUGENE, a Municipal Corporation of the State of Oregon, as follows: Section 1. After proper notice of the hearings required by Sections 7.165 and 7.166 of the Eugene Code, 1971 (E.C.), and after receiving the hearings officer's report of public testimony on the proposed project, the City Council hereby declares it is in the public interest to construct the local improvements described in Section 2 of this Resolution and assess part of the costs thereof to the specially benefited properties on Terry Street from Royal Avenue to Morely Loop, subject to the provisions of Section 4 of this Resolution. Section 2. Subject to the provisions of Section 4 of this Resolution, the Council hereby orders the establishment of a local improvement district, on Terry Street from Royal Avenue to Morely Loop and in that district to pave, construct curbs, gutters, sidewalks, street lights, street trees, wastewater and drainage systems and related improvements. Section 3. The costs of the Improvements shall be borne by, and assessed to the properties in the district in accordance with E.C. 7.175 and Section 4 of this Resolution. Included in the cost shall be the overhead costs specified in E.C. 7.170 and whatever other special costs, such as acquisition of interests in real property as are necessary to make the improvements. Upon completion of the Improvements, the final costs therefor will be calculated and the owners of benefited property shall be notified and the property assessed as provided in E.C. 7.185 to 7.240. The assessments to be levied for these improvements are hereby characterized for purposes of the Resolution - 1 property tax limitation in Section lIb, Art. XI of the Oregon Constitution as assessments for a local improvement, not subject to the constitutional limitation of $1 0 per thousand of real market value. Notice of the intent to so characterize the assessments was sent to the affected property owners prior to the adoption of this resolution. Section 4. F our of the properties proposed for inclusion 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. The City intends to seek that concurrence, and the properties will not be included in the district without Lane County's concurrence. The City also intends to seek annexation of the portion of Terry Street proposed for improvement that is currently outside the City. If the annexation is approved, the septic system for one of the properties (Lydum) located within the public right-of-way and within the limits of the proposed road improvements, will need to be removed. The property owner is unable to secure permission from the County to construct a new septic system because of the availability of a public wastewater system. The current system is functioning properly, and its removal would not be necessary except for the proposed improvements. At the time the assessments are imposed, consideration should be given to these and the other unique circumstances regarding the street and sewer assessments for the L ydum property described in the City's letter to the property owners dated September 11, 1998. If the annexation request is not approved, the proj ect will be reevaluated. Section 5. The City Council hereby declares that the construction of the Improvements, as well as acquisition of rights-of-way or easements necessary for the construction, is for a public purpose, is necessary for the public welfare, and is authorized under the laws of the State of Oregon and Charter and ordinances of the City of Eugene, and is directed by this Resolution. Resolution - 2 Section 6. Improvement warrants, short-term promissory notes and other evidence of indebtedness authorized by Chapter 902, 1991 Oregon Session Laws, issued to finance the construction of the Improvements shall be indebtedness for them. When improvement warrants are issued they may be general obligation warrants or limited general obligation warrants or other similar instrument. Such indebtedness shall bear interest at a rate set by Council resolution authorizing the debt. The interest shall be paid upon redemption. Section 7. Proceeds from unbonded assessments, improvement bonds, foreclosure of liens based on the Improvements and from other budgeted funds including ad valorem taxes, if levied, to pay the debt shall be deposited in the Short Term Debt Fund until the indebtedness issued to finance the Improvements is redeemed. Proceeds so deposited may be used only to pay the indebtedness issued to finance the Improvements. Section 8. The Mayor, City Manager, and Finance Officer may sign the evidence of indebtedness herein authorized by facsimile signature with a check signing machine. The Finance Officer shall cause the seal of the City to be printed on the evidence of indebtedness when required by law or by the purchaser. The foregoing Resolution adopted the/~~~,t?%.6&t , 199~ If -- t?- I' ~ City Recorder Resolution - 3 Exhibit A MINUTES Local Improvement District Paving, Curbs, Gutters, Sidewalks, Street Lights and Trees, Drainage Systems On Terry Street from Royal Avenue to Morely Loop Job #3599 September 28, 1998 Public Hearing Eugene Hearings official Milo Mecham began the hearing at 6:05 p.m. He began the hearing with a brief description of the purpose. of the hearing and the local improvement district formation process. Present at the hearing representing the City of Eugene were City Engineer Les Lyle ~d Engineering Division staff Bud DeSantis and Michele Cahill. City Engineer Les Lyle began by describing the Terry Street project. The project was included in the City Council's 1998 Capital Improvement Plan and Capital Budget. Terry Street has been identified as an import,~nt north-south transportation corridor for the area. Improvement of this portion of Terry Street has long been anticipated, and several informational sessions on the proposed project have been held, including one informational hearing before the hearings official. During these formal sessions and on an informal basis, the Engineering staff has worked with interested members of the public on ways that the street improvements might be made so that public concerns are addressed. City Engineer Les Lyle explained that the project includes street improvements, sidewalk construction, installation of street trees, and the construction of storm drains and sanitary sewers. The project involves the construction of a 43 foot wide street from Royal to Morley Loop. This includes two 11 foot wide traffic lanes, a central turn lane and two five foot bike lanes. The City Engineer explained that, in response to local concerns, the project has incorporated additional features designed to calm the flow of traffic. Several chicanes have been included, along with two raised crosswalks and a roundabout at the intersection of Terry and Roosevelt. City Engineer Les Lyle explained that, if initiated, the project would be paid for by a combination of City funds collected through System Development Charges and property assessments. In accord with the Eugene Code, the property owners will be assessed for the equivalent cost of a 24 foot wide street with sidewalks on each side. Based on the low bid received, the Engineering Division estimates that the assessment will be approximately $53.18 per front foot for the street cost and $18.82 for the cost of the sidewalk. These projected costs are similar to the costs for other street improvement projects in the area. The City Engineer discussed several aspects of the project that differed from the ordinary street improvement project in Eugene. Four of the properties abutting Terry Street are located outside the city limits. As required by state law, the Lane County Commissioners will be asked to approve the inclusion of these properties in the local improvement district. One of these properties, owned by the Lydums, has additional characteristics that required special consideration. The property has a greater than normal frontage along Terry Street, and is larger than a normal lot. For these reasons, after discussions with the Lydums, the City Engineer proposed that the assessment of the property be limited at the time of the improvement to the first 95 feet of the property, with the rest of the assessment postponed until the property is divided and the remainder is developed. City Engineer Les Lyle explained that the Lydum property also uses a septic system that is located ion the right-of-way of Terry Street and will need to be removed. To deal with this problem, the Engineer explained that the city is proposing to establish a connection between the Lydum's property and the city sewer system. The assessments for this installation would be delayed until the property was annexed. These statements prompted the attorney for the Lydums to ask city engineer Lyle several questions about the nature of the City's proposed connection. These questions concerned the nature of the sewer connection being offered and the proposed method of payment. The city Engineer answered the questions asked, and the Hearings Official asked that the Lydums' attorney postpone further questions until the City Engineer's summary of the project was completed. The City Engineer continued discussing the other noteworthy aspects of the project by turning to the existing subdivision at the other end of the proposed project. At the time the Flatbush subdivision was developed at the south end of this portion of Terry Street, the developer installed a half street where the proposed Terry Street improvements will be made. Because the City can use that half street, the City proposes that the persons abutting this portion of the street not be assessed for street improvements, and be assessed for sidewalk improvements only if they do not respond to the City's offer to allow the property owners to construct their own sidewalks before the City reaches that part of the project in June 1999. The City Engineer concluded his presentation by describing the proposed allocation of costs between the City and the local improvement district. The non- assessable share of the project, the portion to be paid by the City, is nearly $800,000 out of the total estimated cost of approximately $1.1 million dollars. The first member of the public to address the hearing was Fred Thompson, a property owner within the proposed local improvement district. Mr. Thompson indicated that he opposed the proposed curves and other devices proposed to slow traffic along Terry Street. Mr. Thompson objected to the idea of slowing traffic because he felt that it would increase noise and increase pollution. Mr. Thompson felt that Terry Street was intended to be a thoroughfare, and on such streets traffic should be allowed travel quickly. City Engineer Les Lyle responded that Mr. Thompson's concerns were very different from the concerns expressed by most people along this portion of Terry Street. Most people in the area wished to have the traffic slowed to make the street safer. Mr. Lyle explained that Terry Street is a minor arterial street, and that the design proposed is intended to allow the street to carry the expected volume of traffic without blocking the traffic but also without allowing the traffic to pass through at high speeds. The design changes were included to make certain that the street was not separated from the neighborhood, and so that the street would not become a barrier to the neighborhoods on either side of the street. Mr. Lyle explained that the raised crosswalks did not create the need to severel y slow traffic such as the speed bumps or speed raises that were being installed on some neighborhood streets in Eugene. Mr. Thompson responded that he did not feel that the traffic slowing steps were necessary because the properties along Terry Street would not be entering onto Terry Street. City Engineer Les Lyle explained that it was possible for all the properties along Terry Street to make a curb cut and gain access. Mr. Lyle compared the proposed'improvements along this portion of Terry Street with the improved parts of Terry Street further north, where the high speeds attained by cars had led to many complaints, and which had prompted the design modifications to this portion of Terry Street. The next member of the public to speak was Toni Bamford, a resident within the proposed local improvement district. Ms. Bamford explained that while she did not want the project to happen, she did appreciate very much the City Engineering staff s work with the residents of the area on designing factors that could be included in the project to slow the traffic and integrate the street with the neighborhood. Ms. Bamford explained that she was opposed to the overall project because she had not been informed concerning the possibility of an assessment when she purchased her home, and therefore objects to the proposed assessment at this time. Ms. Bamford indicated that if the project was to be initiated that she very much favored the proposed design of the street with its traffic slowing devices. The next member of the public to address the hearing was Hank Alvis, also a resident of the proposed local improvement district. Mr. Al vis indicated that he also did not want the formation of a local improvement district. Mr. Alvis indicated that he had no knowledge that he would be asked to pay an assessment when he purchased his home. Mr. Alvis also asked if the offer to allow the residents of the Flatbush subdivision to construct their own sidewalks would be made to other persons in the local improvement district. Mr. Alvis indicated that he would like to be able to avoid the sidewalk assessment and that he believed that he and other members of his family, who were contractors, could put the sidewalk in. City Engineer Les Lyle responded that he did not want to close off the possibility. The situations were much different however, and it might not be possible for Mr. Alvis to have the same option. In the Flatbush subdivision the street was already in place, so the residents would have a long period of time to install the sidewalk. In other areas, the sidewalks could not be installed until after the street was finished, and this was commonly only in the last few weeks of the project. The logistics of having individuals installing their own sidewalks in the short period would be difficult to coordinate. City Engineer Les Lyle suggested that the Engineering staff could have further discussions with Mr. Alvis concerning this issue. Mr. Alvis also asked that the Eugene City Council be urged to examine the policy question's surround the present assessment procedures. Mr. Alvis indicated that the present system led to people being asked to pay for a street that they did not need and would not use, while people who used the street were not paying. Mr. Alvis would like a change in policy so that payment would be made by the people who got the greatest benefit, which he felt were the developers of new subdivisions. Mr. Alvis called everyone's attention to the article concerning street assessments in the Sunday, September 27 Register Guard. Ms. Bamford volunteered the suggestion that the irrevocable petitions should be reworked so that homebuyers would understand what the consequences of the petition would be. City Engineer Les Lyle responded that the City had been working on these problems. He described the meetings that Engineering staff had had with realtors to educate them about the process and the importance of providing an early notice to interested purchasers about the presence of irrevocable petitions and similar commitments. Mr. Alvis concluded his remarks by saying that while he disapproves of the process because he had not expected to have to pay an assessment, he also felt that the design of the street proposed by the Engineering staff was a good one. The next person to speak was Brian Thompson, an attorney representing the Lydums. The Lydums are the property owners whose property is outside the city limits and where removal of the existing septic system will be required as part of the project. Mr. Thompson began his remarks by pointing out that section 15.636(1 )(b) of the Lane Code limits street improvement assessments by Lane County to assessments for the construction of curbs and sidewalks. City Engineer Les Lyle responded by pointing out that those provisions only apply if Lane County initiates the project. In this case the project is initiated by the City of Eugene and it is the City that would be making the assessments. In such a case the law requires that the City apply its policies to all areas in the local improvement district. Mr. Thompson also wanted to mention his concerns about the City's proposals concerning replacing the septic system. Mr. Thompson indicated that he was concerned about the agreements that the City wished the Lydums to make because they included an agreement to annex in the future and other conditions that seemed to cut off other defenses that the Lydums might have to object to future assessments to pay for the cost of these improvements. Several participants then raised questions about particular aspects of the project. Ms. Bamford asked about the location of bus stops. City Engineer Lyle responded that the City had had some discussion with L TD regarding bus stops, and that there would be more discussions before a decision was made. Mr. Fred Thompson suggested that yellow warning stripes be put in instead of the raised crosswalks. Mr. Thompson indicated that he liked the idea of a roundabout at the intersection of Terry and Roosevelt. Ms. Bamford asked about the paragraph in the letter sent by the City concerning the possibility of an appeal to tax court. Mr. Lyle and the hearings official explained that this provision was included as a response to Ballot Measure 5. It involved questions about the nature of the assessment and how it related to property taxes, and did not concern the separate right of remonstrance. Mr. Alvis questioned the use of the term "specially benefited" in the latter. He felt that none of the properties in the local improvement district were specially benefited, even though they were adjacent to Terry Street. City Engineer Les Lyle responded that the term specially benefited was a term commonly used in assessment law. The Eugene Code uses the term, but it also includes a more specific requirement that properties that abut a street that is being approved should be assessed. After this general discussion, the hearing concluded at 7: 10 p.m.