HomeMy WebLinkAboutResolution No. 4494
RESOLUTION NO. cJ(9 Y
A RESOLUTION APPROVING A MULTIPLE-UNIT PROPERTY TAX
EXEMPTION FOR PROPERTY LOCATED AT EAST-WEST ALLEY
BE1WEEN 8TH AVENUE AND BROADWAY ON THE NORTH,
CHARNEL TON STREET ON THE EAS~ EAST-WEST ALLEY BE1WEEN
10TH AND BROADWAY ON THE SOUTH, AND LINCOLN STREET ON
THE WEST (LORIG ASSOCIATES, LLC).
The City Council of the City of Eugene finds that:
A. Lorig Associates, LLC, is the owner of real property located at the East-West
alley between 8th Avenue and Broadway on the North, Charnelton Street on the East, East-
West alley between 10th and Broadway on the South, and Lincoln Street on the West,
Eugene, Oregon, and more particularly described on Exhibit "A" attached hereto and
incorporated herein by reference, and has submitted an application pursuant to the City's
Multiple-Unit Rental Housing Property Tax Exemption Program (Sections 2.945 and 2.947
of the Eugene Code, 1971) with respect to the residential improvements to be constructed
thereon.
B. The application has been reviewed by the appropriate City departments, and
it has been recommended that the exemption be granted.
C. The Director of Planning and Development, as designee of the City Manager
has submitted a Report and Recommendation to the Council that the application be
approved and the exemption granted. In making that recommendation, the Director found
that as asserted in the application, the project would not be built without the benefit of the
tax exemption; that the proposed project is an eligible structure as defined in the Standards
and Guidelines; is located within the project area; and the applicant has agreed to include
within the project design elements of benefit to the general public extending beyond the
period of exemption, as set forth in the Director's recommendation and hereafter.
D. The project is in conformance with all applicable local plans and planning
regulations and the Metropolitan Area General Plan. The applicant has submitted all
materials, documents and fees required by the City and has complied with all provisions of
the City's Standards and Guidelines for Processing Applications for Multiple-Unit Rental
Housing Local Property Tax Exemption.
NO~ THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EUGENE, a
Municipal Corporation of the State of Oregon, as follows:
Resolution - 1
Section 1. Based upon the recommendation of the Director of Planning and
Development, the above findings, and the hearing before the Council, the application of
Lorig Associates, LLC for a property tax exemption under the City's Multiple-Unit Property
Tax Exemption Program for the residential improvements to be constructed upon the
property located at the East-West alley between 8th Avenue and Broadway on the North,
Charnelton Street on the East, East-West alley between 10th and Broadway on the South,
and Lincoln Street on the West, Eugene, Oregon, and more particularly described on Exhibit
"A" attached hereto and incorporated herein by reference, be, and the same is hereby
approved, subject to the following conditions:
1. The project shall consist of 160 total rental units.
2. The project shall contain public benefits that include, but are not
limited to: the addition of 160 residential units in the downtown core area will
strengthen the viability of downtown and enhance the potential for those
working downtown to also live there; the creation of a streetscape that is
pedestrian-friendly with a mix of residential and commercial uses;
enhancement of neighborhood amenities through landscape features and
preservation of historic street trees; the provision of secured covered bicycle
parking; and a reduction in the visual impact of parking by locating the
housing development above the public parking. The applicant shall pay the
low income housing fee, which during years three through ten of the
exemption period, will generate $17,120 annually for the City's low income
housing fund.
Section 2. That the residential improvements to be constructed upon the property
described in Section 1 above are hereby declared exempt from local property taxation
commencing July 1 of the year following certification of completion and continuing for a
continuous period of 10 years unless earlier terminated in accordance with the provisions of
Section 2.947 of the Eugene Code, 1971.
Section 3. The City Manager, or the Manager's designee, is requested to forward a
copy of this Resolution to the applicant, and to the other taxing districts affected hereby
within ten days from the date hereof, and to cause a copy of this Resolution to be filed with
the Lane County Assessor on or before April 1, 1997.
The foregoing Resolution adopted the ~1hday of July, 1996.
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CityZrder
Resolution - 2
RESOLUTION NO. L(l( 9.~"'"
A RESOLUTION FORMING A LOCAL IMPROVEMENT DISTRICT FOR
STORM SEWER ON GILHAM ROAD FROM HONEYWOOD STREET TO
AYRES ROAD, AND AYRES ROAD FROM GILHAM ROAD TO 500 FEET
WEST. (JOB #3459)
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.), after receiving the City Engineer's report as required by Eugene Code
7.160 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 Gilham Road from Honeywood Street to Ayres Road, and Ayres Road from
Gilham Road to 500 feet west.
Section 2. The Council hereby orders the establishment of a local improvement district, on
Gilham Road from Honeywood Street to Ayres Road, and Ayres Road from Gilham Road to 500
feet west and in that district to construct storm sewers 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. 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
Resolution - 1
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 property tax limitation in Section 11 b,
Art. XI of the Oregon Constitution as assessments for a local improvement, not subject to the
constitutional limitation of $10 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. 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.
Section 5. 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 6. 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 7. The Mayor, City Manager, and Finance Officer may sign the evidence of
Resolution - 2
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 th~ day Of~ 1996
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City Recorder
Resolution - 3
EXHIBIT A
Broadway/Charnelton Site Legal Description:
Meets and bounds parcel description of the mixed-use development sites located on the north and
south sides of Broadway between Charnelton Street and Lincoln Street.
North Parcel. 149 West Broadway, located north of Broadway between Chamelton Street and
Lincoln Street.
Beginning at a point located at the southeast comer of Lot 8, Block 2 of Mulligan's Addition
West; thence north, along the west right-of-way line of Charnel ton Street, 160 feet, to northeast
comer of Lot 5, Block 2 of Mulligan's Addition West; thence west, along the south right-of-way
of the alley bet\veen 8th Avenue and Broadway, 334.52 feet to the northwest comer of Lot 3,
Block 1 of Whiteaker Addition; thence south, along the east right-of-way of Lincoln Street,
163.0o-feet; thence east, along the north right-of-,vay of Broadway, 335.22 feet; thence north
three feet to the point of beginning, all located in Lane County, Oregon.
South Parcel. 148 West Broadway, located south of Broadway between Chamelton Street and
Lincoln Street.
Beginning at a point located at the northeast comer of Lot 1, Block 3 of Mulligan's Addition
West; thence south, along the west right-of-way of Charnel ton Street, 161.01 feet to the southeast
comer of Lot 4, Block 3 of Mulligan's Addition West; thence west, along the north right-of-way
line of the alley between Broadway and 10th Avenue, 335.00 feet, to the southwest corner of Lot
2, Block 4 of Whiteaker Addition; thence north, along the east right-of-way of Lincoln Street,
164.36 feet; thence east, along the south right-of-way of Broadway, 335.2 feet; thence south
three feet to the point of beginning, all located in Lane County, Oregon.
FINDINGS AND RECOMMENDATIONS
SUBJECT:
STORM SEWER ON GILHAM ROAD FROM HONEYWOOD STREET
TO AYRES ROAD, AND AYRES ROAD FROM GILHAM ROAD TO 500
FEET WEST (JOB #3459)
BACKGROUND
This project was initiated by a irrevocable petition from the property owner (Paradise Development
Inc.) who will bear 100% percent of the assessable cost for the proposed local improvement district
(LID) .
The City Engineer initiated the project, as provided for in the Eugene Code 7.160(8) on February 1,
1996. City staff received a letter from the property owner waiving the right to a local improvement
district hearing and requesting that the City Council approve the project directly. The project was
advertised on May 17, 1996, and bids were opened June 18,1996.
This LID is somewhat unique in that it was bid with the Gilham Road Sanitary Pump Station and
sanitary sewers. City staff combined the three improvements projects because they were in the same
vicinity and combining them was expected to lead to a cost saving. Formation of the LID is only for
the Paradise Development Inc. storm sewer portion, and the costs to be assessed will only include the
costs associated with the completion of the storm sewer portion of the project.
PROJECT
The project includes construction of 1,081 feet storm sewer.
ASSESSMENT
Costs listed below are the estimated assessment costs calculated from the low bid.
Storm Sewer
$304,427.19
Cost to the City: $302,359.53
PUBLIC HEARING
The property owner waived an appearance at a hearing, consequently no hearing was held. The City
Engineer submitted a report to the Hearings Officer (Exhibit A).
STORM SEWER ON GILHAM ROAD FROM HONEYWOOD STREET TO AYRES ROAD, AND AYRES
ROAD FROM GILHAM ROAD TO 500 FEET WEST PAGE 1
FINDINGS AND RECOMMENDATION
Nature of the Assessment
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 will not exceed actual costs;
2. The assessments are imposed for a capital construction project which 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 asseSSIrent with interest
over at least ten (10) years.
Recommendation
The unit prices submitted with the low bid are comparable to other projects of similar size. The
Hearings Official recommends approval of formation of the local improvement district.
Respectfully submitted,
k~
Milo Mecham
Hearings Official
Dated: July 1, 1996
STORM SEWER ON GILHAM ROAD FROM HONEYWOOD STREET TO AYRES ROAD, AND AYRES
ROAD FROM GILHAM ROAD TO 500 FEET WEST PAGE 2
EXHIBIT A
MEMORANDUM
Date:
June 27, 1996
From:
Robert J. Lankston, Acting City Engineer
To:
Hearings Official
SUBJECT:
STORM SEWER ON GILHAM ROAD FROM HONEYWOOD STREET TO
AYRES ROAD, AND AYRES ROAD FROM GILHAM ROAD TO 500 FEET
WEST (JOB #3459)
BACKGROUND
This project was initiated by a irrevocable petition from the property owner who will bear 1000J'o
percent of the assessable cost for the proposed local improvement district (LID).
The City Engineer initiated the project, as provided for in the Eugene Code 7.160(8) on February
1, 1996. City staff received a letter from the property owner (Paradise Development Inc.) who
requested to waive their rights to a pending local improvement district hearing and allowing the City
Council to approve the project directly. The project was advertised on May 17, 1996, and bids were
opened June 18, 1996. The City received three (3) bids for this improvement project. The low bid
was submitted by H & J Construction in the amount of $1,115,912.25.
This LI D is somewhat unique in that it was bid with the Gilham Road Sanitary Pump Station and
sanitary sewers. Formation of the Lid is only for the Paradise Development Inc. storm sewer
portion. City staff combined the three improvements projects to receive competitive prices and they
were in the same vicinity.
PROJECT
The project includes construction of 1,081 feet storm sewer.
ASSESSMENT
Costs listed below are the estimated assessment costs calculated from the low bid.
Storm Sewer
$304,427.19
Cost to City: $302,359.53
RECOMMENDA TION
The unit prices submitted with the low bid are comparable to other projects of similar size. Staff
recommends approval of formation of the local improvement district.
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PROJECT/'
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