HomeMy WebLinkAboutItem 6: Ord.on Assess/Garden WayEUGENE CITY COUNCIL
AGENDA ITEM SUMMARY
Action: Approval of Minutes, Finding and Recommendations from the Hearings Official
and Adoption of an Ordinance Levying Assessments for Improvements Consisting of
Pavement, Curbs and Gutters, Sidewalks, Median, Street Lights, Traffic Signal, Street
Trees, Wastewater, and Storm Water Drainage on Garden Way from Sisters View
Avenue to Martin Luther King Jr. Boulevard, and the North Side of Martin Luther King
Jr. Boulevard from Marche Chase Drive to I-5; and Providing an Immediate Effective
Date (Contract #2004-20) (Job #3502)
Meeting Date: June 13, 2005 Agenda Item Number: 6
Department: Public Works Staff Contact: Paul Klope
www. cl. eugene, or. us Contact Telephone Number: 682-5246
ISSUE STATEMENT
The City Council is being asked to approve the Hearings Official's Minutes, Finding and
Recommendation dated June 6, 2005, and adopt a ordinance levying assessments for improvements
consisting of pavement, curbs and gutters, sidewalks, median, street lights, traffic signal, street trees,
wastewater, and storm water drainage on Garden Way from Sisters View Avenue to Martin Luther King
Jr. Boulevard, and the north side of Martin Luther King Jr. Boulevard from Marche Chase Drive to I-5.
Please Note: This item has an immediate effective date. An immediate effective date requires a 2/3
majority or 6 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 will accrue.
BACKGROUND
This project was identified in the FY98-FY03 Capital Improvement Program (CIP) adopted by the
council on February 26, 1997,, and in the FY98 Capital Budget adopted June 23, 1997. Improvements
to Garden Way were included as a project in TransPlan (adopted in 1986) and the Willakenzie Area
Plan (adopted in 1992).
On November 5, 1998, an informational meeting was conducted to provide property owners and
interested parties with information regarding the proposed Garden Way improvement project.
On November 12, 1998, a public hearing was held with a hearings official regarding initiation of
design of the project, and to give property owners the opportunity to provide input to City Council on
needs and issues associated with the project.
On December 7, 1998, the City Council adopted a motion to authorize the design phase only of the
Garden Way Street project and consider a City Council public hearing regarding the project.
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A work session was held by the City Council on September 11, 2002, and a public hearing was held by
the City Council and Board of County Commissioners on September 18, 2002. At those times, the
council reviewed the Planning Commission's recommendations of approving the Chase Gardens Nodal
Development Plan which included the proposed design of Garden Way. The council held a work
session on October 28, 2002, to discuss testimony and questions raised during the September 18, 2002,
joint public hearing.
On November 12, 2002, the council passed a motion to approve the proposed design, right-of-way
acquisition and bidding to improve Garden Way as adopted and identified by the council in the FY98-
FY03 Capital Improvement Program (CIP) and in the FY98 Capital Budget.
On September 8, 2003, the council adopted a resolution authorizing through the eminent domain process
for needed right-of-way for the purposes of construction of the Garden Way project.
The Lane County Board of Commissioners on December 3, 2003, by Board Order 03-12-3-8
authorized the City of Eugene to assess properties outside the City limits for this project as listed below.
Gorman tax lot #17033312 00802
White tax lot # 17032840 01800
Wylie tax lot #17032840 00103
tax lot #17032840 00100
tax lot #17032840 00102
Robinson tax lot #17032840 01900
tax lot #17032840 02000
Brenaman tax lot # 17032840 02200
Thompson tax lot #17032840 01101
Bids were opened on March 11, 2004, with Wildish Construction Co. as the low bidder. The City
Council formed the Local Improvement district (LID) on April 12, 2004. Construction of the project has
been completed, and final assessment costs have been calculated. The property owners were notified of
the pending assessment hearing ten (10) days prior to the hearing as required by Municipal Code.
The intent of the final assessment hearing scheduled for May 18, 2005, was to review the final project
cost, consider comments on the proposed assessments, and to provide evidence to be included in the
ordinance levying the assessments by the City Council.
Costs are distributed per City Code 7.175, and as outlined in the council-adopted Hearings Official
findings and recommendations, and the resolution forming the LID.
Properties that are zoned for residential will be assessed for seven (7) feet of pavement width along their
frontage. Properties zoned for commercial use will be assessed for ten (10) feet of pavement width.
Single-family residential properties that are fully developed or vacant but under 1/2 acre will be assessed
for a maximum of 100 feet and a minimum of 50 feet of frontage. Properties that are greater than 1/2
acre and are partially developed with single family residential will be assessed for a maximum of 100
feet of frontage, with the remainder of the frontage assessment being delayed until further development
occurs. Vacant properties over ~/2 acre were not levied an assessment with the LID. Assessment fees
will be collected for these vacant properties when they are developed in the future.
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Costs listed below are the estimated assessment costs calculated at the time of the formation of the LID.
A contingency was included in the estimate.
Paving 7- foot (per front foot) $ 74.48
Paving 10-foot (per front foot) $ 106.39
Sidewalk (per square foot) $ 3.95
Wastewater (per square foot) $ 0.30
Wastewater service (per each) $ 3,650.30
Total Estimated Assessable Cost $ 927,261.89
Total Estimated City Cost $ 2,790,851.61
Total Estimated Project Cost $ 3,718,113.50
Below are the final unit assessable costs:
Paving 7- foot (per front foot) $ 71.65
Paving 10-foot (per front foot) $ 102.36
Sidewalk (per square foot) $ 3.90
Wastewater (per square foot) $ 0.27
Wastewater service (per each) $ 3,560.29
Total Final Assessable Cost $ 740,651.37
Total Final City Cost $ 2,873,162.40
Total Final Project Cost $ 3,613,813.77
Of the assessable cost, $357,799.58 are delayed street assessments and $200,708.29 are on-hold
wastewater assessments.
Assessment financing, a 10-year payment plan through the City, is available to all property owners
within the improvement district as identified by City Code, Chapter 7. Of the 33 properties in the LID, 6
property owners qualify for the low-to-moderate income subsidy program. This program only applies to
owner-occupied properties in the LID. The City will pay in full for the subsidy share, one at moderate
income (1/3), three at low income (2/3), and three at very low income (5/6). The total cost for the low
income subsidies is $34,110.92.
The total City cost includes the subsidy amount plus the non-assessable City share for the project. The
subsidy is funded from the Street Subsidy fund and the nonassessable portion of the project is funded
from Transportation SDC's, storm water SDC's, and from the Oregon Department of Transportation
(ODOT). Systems development funds are paid by new development to finance the non-assessable share
of this type of improvement project. The non-assessable costs are paid for by the City for paving,
additional pavement thickness, intersections, medians, bus turnouts, bike lanes, street lights, street trees,
traffic signal, and non-assessable storm drainage system costs. In addition, the City paid for the costs of
improvements built through the I-105 right of way, across the Q-Street Channel, and for unassessable
improvements on Martin Luther King Boulevard. In addition to funding received from ODOT through
the Federal Surface Transportation Program for this project, ODOT paid for additional pavement
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thickness constructed to allow access to Garden Way by their contractor during construction of the I-105
improvements.
RELATED CITY POLICIES
Not applicable. The assessment costs will be distributed as outlined in the council-adopted Hearing
Official's Findings and Recommendations and Resolution forming the LID.
COUNCIL OPTIONS
Special assessment provisions adopted as part of an LID resolution cannot be modified during the final
assessment process if they result in increased costs to the property owners. The final assessment hearing
is to review the calculations to assure conformance with the requirements stated in the LID resolution
and the municipal code.
Per Section7.187, the City Council can take the following actions:
1. Adopt the ordinance levying assessments.
2. If after review of the proposed assessment, and determination that the assessment 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
Staff recommends approval of the Minutes, Findings and Recommendations of the Hearings Official and
adoption of the ordinance levying assessments.
SUGGESTED MOTION
Move to approve the Minutes, Findings and Recommendations of the Hearings Official of June 6, 2005.
Move to adopt an ordinance levying assessments for improvements consisting of pavement, curbs and
gutters, sidewalks, median, street lights, traffic signal, street trees, wastewater, and storm water drainage
on Garden Way from Sisters View Avenue to Martin Luther King Jr. Boulevard, and the north side of
Martin Luther King Jr. Boulevard from Marche Chase Drive to I-5; and providing an immediate
effective date (Contract #2004-20) (Job #3502).
ATTACHMENTS
A. Ordinance-includes Hearings Official's Minutes, Finding and Recommendations
FOR MORE INFORMATION
Staff Contact: Paul Klope
Telephone: 682-5246
Staff E-Mail: paul.w.klope~ci.eugene.or.us]
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ATTACHMENT A
ORDINANCE NO.
AN ORDINANCE LEVYING ASSESSMENTS FOR IMPROVEMENTS
CONSISTING OF PAVEMENT, CURBS AND GUTTERS, SIDEWALKS,
MEDIAN, STREET LIGHTS, TRAFFIC SIGNAL, STREET TREES,
WASTEWATER, AND STORM WATER DRAINAGE ON GARDEN WAY
FROM SISTERS VIEW AVENUE TO MARTIN LUTHER KING JR.
BOULEVARD, AND THE NORTH SIDE OF MARTIN LUTHER KING JR.
BOULEVARD FROM MARCHE CHASE DRIVE TO I-$; AND PROVIDING
AN IMMEDIATE EFFECTIVE DATE. (CONTRACT 2004-20) (JOB #3502)
The City Council of the City of Eugene finds that:
A. On the 12th day of November, 2002, the City Council, by motion duly passed, initiated
the proposed local improvements consisting of pavement, curbs and gutters, sidewalks, median, street
lights, traffic signal, street trees, wastewater, and storm water drainage on Garden Way from Sisters
View Avenue to Martin Luther King Jr. Boulevard, and the north side of Martin Luther King Jr.
Boulevard form Marche Chase Drive to I-5.
B. After due notice and a public hearing before the hearing official on March 17, 2004,
the City Council formed the Local Improvement District and authorized construction of the local im-
provements on the 12th day of April 2004.
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
December 3, 2003, Lane County by Board Order 03-12-3-8, has give concurrence that the properties
(Gorman, Tax Lot #1703331200802; White, Tax Lot #1703284001800; Wylie, Tax Lot
#1703284000103, Tax Lot #1703284000100, Tax Lot #1703284000102; Robinson, Tax Lot #
1703284001900, Tax Lot # 1703284002000; Brenaman, Tax Lot # 1703284002200; Thompson, Tax
Lot #1703284001101) be included in the Local Improvement District.
D. The actual cost of the local improvements is ascertained to be $3,613,813.77, and the
amounts to be assessed to, and borne by, the specially benefitted property, and to be borne by the City
or others, have been determined in accordance with applicable provisions of the Eugene Code, 1971
CE.C."), 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
Ordinance- 1
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Code, 1971, on May 18, 2005. At least ten days prior to the scheduled public hearing before the
hearing official, a notice containing 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. 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 B and incorporated herein by reference, are hereby
adopted.
Section 2. The actual assessable cost of the local improvements consisting of pavement,
curbs and gutters, sidewalks, median, street lights, traffic signal, street trees, wastewater and storm
water drainage on Garden Way from Sisters View Avenue to Martin Luther King Jr. Boulevard, and
the north side of Martin Luther King Jr. Boulevard from Marche Chase Drive to I-5 is $182,143.50
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, which includes those properties whose owners qualified
for the Street Subsidy Program.
Section 4. The City Council does hereby determine that each parcel of land or lot herein
above described is specially benefitted 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.
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
Ordinance - 2
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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 benefitted by the
local improvements;
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 these improvements.
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 readoption over a Mayoral veto by two-thirds of all members of the City
Council.
Passed by the City Council this Approved by the Mayor this
__day of .,2005. day of .,2005.
City Recorder Mayor
Ordinance - 3
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Exhibit A
CITY OF EUGENE (PROD) PAGE: 1
SPECIAL ASSESSMENT SYSTEM
93003502 - GARDEN WAY - STREET WIDENING & IMPROVEMENTS
PAVING, CURBS AND GUTTERS, SIDEWALKS, MEDIAN, STREET LIGHTS, TRAFFIC SIGNAL,
STREET TREES, WASTEWATER, ~ STORM WATER DRAINAGE ON GARDEN WAY FROM SISTERS
PROJECT LEGAL:
VIEW AVENUE TO MARTIN LUTHER KING JR. BOULEVARD, AND THE NORTH SIDE OF MARTIN
LUTHER KINGS JR.
CONTRACT NJ3MBER: 2004-00020
JOB NUMBER: 93003502
ASSESSABLE:
27 PENDING $182,143.50
26 ON HOLD $558,507.87
0 LIEN DEFERRED $0.00
ASSESSABLE TOTALS~ 53 $740,651.37
CITY SHARE:
CITY ILLUMINATION $1,030,936.25
CITY SANITARY $10,187.28
CITY STORM $310,884.65
LOW INCOME SUBSIDY $34,110.92
PAID BY OTHER AGENCY $1,487,043.30
ROUNDING ERROR $0.00
CITY SHARE TOTALS~ $2,873,162.40
TOTAL COST OF PROJECT: $3,613,813.77
CONTRACT NUMBER = 200400020
Exhibit B
FINDINGS AND RECOMMENDATIONS
SUBJECT: PROPOSED FINAL ASSESSMENT FOR PAVING, CURB AND GUTTER,
SIDEWALKS, MEDIAN, STREET LIGHTS, TRAFFIC SIGNAL, STREET
TREES, WASTEWATER AND STORM WATER DRAINAGE ON GARDEN
WAY FROM SISTERS VIEW AVENUE TO MARTIN LUTHER KING JR.
BOUIJEVARD, AND THE NORTH SIDE OF MARTIN LUTHER KING JR.
BOUIJEVARD FROM MARCHE CHASE DRIVE TO I-5. (JOB
#3502)(CONTRACT #2004-20)
BACKGROUND
Garden Way is a collector street running between Harlow Road on the north to Martin Luther
King, Jr. Boulevard on the south. For many years Garden Way was a heavily used, but very old
road, lying partially in the City and partially outside the City, passing through a small unannexed
area. The northern half of Garden Way has been improved. The southern half, stretching from
where Garden Way is crossed by 1-105 south to Martin Luther King, Jr. Boulevard has not
previously been improved.
The Garden Way improvement project was identified in the FY98-FY03 Capital Improvement
Program (CIP) adopted by the Council February 26, 1997, and in the FY98 Capital Budget
adopted June 23, 1997. Improvements to Garden Way were included as a project in TransPlan
(adopted in 1986) and the Willakenzie Area Plan (adopted in 1992).
On November 5, 1998, an informational meeting was conducted to provide property owners and
interested parties with information regarding the proposed Garden Way improvement project.
On November 12, 1998 a public hearing was held with a hearings official regarding initiation of
design of the project, and to give property owners the opportunity to provide input to the City
Council on needs and issues associated with the project. On December 7, 1998, the Eugene City
Council adopted a motion to authorize the design phase only of the Garden Way Street project
and consider a City Council public hearing regarding the project.
A work session was held by the City Council on September 11, 2002 and a public hearing was
held by the City Council and Board of County Commissioners on September 18, 2002. At those
times, the Council reviewed the Planning Commission's recommendations of approving the
Chase Gardens Nodal Development Plan which included the proposed design of Garden Way.
The Council held a work session on October 28, 2002 to discuss testimony and questions raised
during the September 18, 2002 joint public hearing.
On November 12, 2002, the Council passed a motion to approve the proposed design, right of
way acquisition and bidding to improve Garden Way to make a safe, pedestrian and transit
friendly facility as adopted and identified by the Council in the FY98-FY03 Capital Improvement
Program (CIP) and in the FY98 Capital Budget. On September 8, 2003, the Council adopted a
PROPOSED FINAL ASSESSMENT FOR PAVING, CURBS AND GUTTERS, SIDEWALKS, AND RELATED
IMPROVEMENTS ON GARDEN WAY AND ON THE NORTH SIDE OF MARTIN LUTHER KING, JR.
BOULEVARD Page 1
resolution authorizing acquisition of needed right of way through the eminent domain process for
the Garden Way project.
The Lane County Board of Commissioners on December 3, 2003, by Board Order 03-12-3-8
authorized the City of Eugene to assess the nine (9) properties outside the City limits for this
project.
The Eugene City Council formed the Local Improvement District on April 12, 2004. The project
has been completed and final assessments 'have been calculated.
The property owners were notified of the pending final Assessment hearing ten (10) days prior to
the hearing.
PRO,IECT
The improvements include a 44-foot wide road with two travel lanes, a center turn lane for a
portion of the project with landscaped medians, bicycle lanes, curb and gutter, sidewalks, street
lights, a traffic signal, street trees, traffic calming and wastewater and storm water drainage
systems.
ASSESSMENTS
Chapter 7 of the Eugene Code provides that the cost of public improvement projects such as the
improvements to Garden Way and Martin Luther King, Jr. Boulevard should be spread among
the benefiting property owners, with the City of Eugene absorbing a share of the costs. The
City's share of costs come from the portions of the street improvements that do not abut
benefiting properties, such as intersections, as well as from the excess street capacity that may
need to be installed, and for costs that the city has decided are necessary, but which do not
provide as large and direct a benefit as other costs which are assessed to property owners.
In this case the total project costs have been determined to be $3,613,813.77. The City share of
the project cost, pursuant to the directions in Eugene Code Chapter 7, is $2,873,162.40.
The property owner assessable costs are divided among the properties either on a per lot basis, or
on a per square foot basis, depending on the directions of Chapter 7 of the Eugene Code.
Paving 7- foot (per front foot) $ 71.65
Paving 10-foot (per front foot) $ 102.36
Sidewalk (per square foot) $ 3.90
Wastewater (per square foot) $ 0.27
Wastewater service (per each) $ 3,560.29
Total Assessable Cost $ 740,651.37
Total City Cost $ 2,873,162.40
PROPOSED FINAL ASSESSMENT FOR PAVING, CURBS AND GUTTERS, SIDEWALKS, AND RELATED
IMPROVEMENTS ON GARDEN WAY AND ON THE NORTH SIDE OF MARTIN LUTHER KING, JR.
BOULEVARD Page 2
Total Project Cost $ 3,613,813.77
Of the assessable cost, $357,799.58 are delayed street assessments and $200,708.29 are on-hold
wastewater assessments.
Assessment financing, a 10-year payment plan through the City, is available to all property
owners within the improvement district as identified by City Code, Chapter 7. Of the 33
properties in the LID, 6 property owners qualify for the low-to-moderate income subsidy
program. This program only applies to owner-occupied properties in the LID. The City will pay
in full for the subsidy share, 1 at moderate income (1/3), 3 at low income (2/3), and 2 at very low
income (5/6). The total cost for the low income subsidies is $34,110.92.
One property owner was originally determined to be eligible, but after the formation of the
district, moved out of the residence along Garden Way. The property owner filed an appeal, but
then also moved back to Garden Way. The appeal was dropped because the property owner re-
qualified.
PUBLIC INVOLVEMENT
Public involvement in this proposed improvement has been significant since it was first
proposed. As the project has moved forward, public involvement has reduced significantly. A
heating was scheduled for May 18, 2005 to allow the public to appear and discuss the proposed
final assessments. Only one person appeared for the hearing. His questions, which primarily
concerned street trees, are recorded in Exhibit A which is attached to these findings and
recommendations.
FINDINGS AND RECOMMENDATION
With regard to the proposed final assessment, the Hearings Official finds that notice of the public
hearing was provided and all the property owners were given an opportunity to participate in the
hearings.
Appropriate notice was given of the public hearing and the availability of the proposed ordinance
for LID assessment, 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 overall cost of the project was approximately $100,000 less than estimated. The assessment
amounts and the total assessable costs were reduced from the original estimates.
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
PROPOSED FINAL ASSESSMENT FOR PAVING, CURBS AND GUTTERS, SIDEWALKS, AND RELATED
IMPROVEMENTS ON GARDEN WAY AND ON THE NORTH SIDE OF MARTIN LUTHER KING, JR.
BOULEVARD Page 3
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
Dated: June 6, 2005
PROPOSED FINAL ASSESSMENT FOR PAVING, CURBS AND GUTTERS, SIDEWALKS, AND RELATED
IMPROVEMENTS ON GARDEN WAY AND ON THE NORTH SIDE OF MARTIN LUTHER KING, JR.
BOULEVARD Page 4
MEMORANDUM
DATE: May 18, 2005
FROM: Mark Schoening, City Engineer
TO: Hearings Official
SUBJECT: PROPOSED FINAL ASSESSMENT FOR PAVING, CURB AND GUTTER,
SIDEWALKS, MEDIAN, STREET LIGHTS, TRAFFIC SIGNAL, STREET
TREES, WASTEWATER AND STORM WATER DRAINAGE ON GARDEN
WAY FROM SISTERS VIEW AVENUE TO MARTIN LUTHER KING .IR.
BOULEVARD, AND THE NORTH SIDE OF MARTIN LUTHER KING JR.
BOULEVARD FROM MARCHE CHASE DRIVE TO 1-5.
(JOB #3502)(CONTRACT #2004-20)
BACKGROUND
This project was identified in the FY98-FY03 Capital Improvement Program (CIP) adopted by the
Council February 26, 1997, and in the FY98 Capital Budget adopted June 23, 1997. Improvements
to Garden Way were included as a project in TransPlan (adopted in 1986) and the Willakenzie Area
Plan (adopted in 1992).
On November 5, 1998, an informational meeting was conducted to provide property owners and
interested parties with information regarding the proposed Garden Way improvement project.
On November 12, 1998 a public hearing was held with a heatings official regarding initiation of
design of the project, and to give property owners the opportunity to provide input to City Council
on needs and issues associated with the project.
On December 7, 1998, City Council adopted a motion to authorize the design phase only of the
Garden Way Street project and consider a City Council public hearing regarding the project.
A work session was held by the City Council on September 11, 2002 and a public heating was held by
the City Council and Board of County Commissioners on September 18, 2002. At those times, the
Council reviewed the Planning Commission's recommendations of approving the Chase Gardens
Nodal Development Plan which included the proposed design of Garden Way. The Council held a
work session on October 28, 2002 to discuss testimony and questions raised during the September 18,
2002 joint public hearing.
On November 12, 2002, the Council passed a motion to approve the proposed design, right of way
acquisition and bidding to improve Garden Way as adopted and identified by Council in the FY98-
FY03 Capital Improvement Program (CIP) and in the FY98 Capital Budget.
On September 8, 2003 Council adopt a resolution authorizing through the eminent domain process for
needed right of way for the purposes of construction of the Garden Way project.
The Lane County Board of Commissioners on December 3, 2003 by Board Order 03-12-3-8
authorized the City of Eugene to assess properties outside the City limits for this project as listed
below.
Gorman tax lot #17033312 00802
White tax lot #17032840 01800
Wylie tax lot #17032840 00103
tax lot #17032840 00100
tax lot #17032840 00102
Robinson tax lot #17032840 01900
tax lot #17032840 02000
Brenaman tax lot #17032840 02200
Thompson tax lot #17032840 01101
Bids were opened on March 11, 2004, with Wildish Construction Co. as the low bidder. The City
Council formed the Local Improvement district (LID) on April 12, 2004. Construction of the project
has been completed, and final assessment costs have been calculated. The property owners were
notified of the pending assessment hearing ten (10) days prior to the hearing as required by Municipal
Code.
The intent of the final assessment hearing scheduled for May 18, 2005, is to review the final project
cost, consider comments on the proposed assessments, and to provide evidence to be included in the
ordinance levying the assessments by the City Council.
CORRESPONDENCE
Since the mailing of the Notice of Proposed Assessment, City staff has received 4 phone calls
regarding the cost of the improvements, and no written correspondence.
PROJECT DESCRIPTION
The improvements consisted of constructing a 44-foot wide road with two travel lanes, a center turn
lane for a portion of the project with landscaped medians, bicycle lanes, curb and gutter, sidewalks,
street lights, a traffic signal, street trees, traffic calming, wastewater and storm water drainage systems
on Garden Way, and curb and gutter and sidewalk on Martin Luther King Boulevard.
ASSESSMENT
Costs are distributed per City Code 7.175, and as outlined in the Council adopted Hearings Official
findings and recommendations, and the resolution forming the LID.
Properties that are zoned for residential will be assessed for seven (7) feet of pavement width along
their frontage. Properties zoned for commercial use will be assessed for ten (10) feet of pavement
width. Single family residential properties that are fully developed or vacant but under 1/2 acre will be
assessed for a maximum of 100 feet and a minimum of 50 feet of frontage. Properties that are greater
than 1/2 acre and are partially developed with single family residential will be assessed for a maximum
of 100 feet of frontage, with the remainder of the frontage assessment being delayed until further
development occurs. Vacant properties over 1/2 acre were not levied an assessment with the LID.
Assessment fees will be collected for these vacant properties when they are developed in the future.
Costs listed below are the estimated assessment costs calculated at the time of the formation of the
LID. A contingency was included in the estimate.
Paving 7- foot (per front foot) $ 74.48
Paving 10-foot (per front foot) $ 106.39
Sidewalk (per square foot) $ 3.95
Wastewater (per square foot) $ 0.30
Wastewater service (per each) $ 3,650.30
Total Estimated Assessable Cost $ 927,261.89
Total Estimated City Cost $ 2,790,851.61
Total Estimated Project Cost $ 3,718,113.50
Below are the final unit assessable costs:
Paving 7- foot (per front foot). $ 71.65
Paving 10-foot (per front foot) $ 102.36
Sidewalk (per square foot) $ 3.90
Wastewater (per square foot) $ 0.27
Wastewater service (per each) $ 3,560.29
Total Assessable Cost $ 745,431.01
Total City Cost $ 2,868,564.48
Total Project Cost $ 3,613,995.49
Of the assessable cost, $357,799.58 are delayed street assessments and $200,708.29 are on-hold
wastewater assessments.
Assessment financing, a 10-year payment plan through the City, is available to all property owners
within the improvement district as identified by City Code, Chapter 7. Of the 33 properties in the LID,
6 property owners qualify for the low-to-moderate income subsidy program. This program only
applies to owner-occupied properties in the LID. The City will pay in full for the subsidy share, 1 at
moderate income (1/3), 3 at low income (2/3), and 2 at very low income (5/6). The total cost for the
low income subsidies is $30,679.42. In addition, one property owner, Mr. Salomone, who does not
occupy his property in the LID, has appealed for an exception to the occupancy requirement so that he
can be included in the subsidy program, based on income alone. The hearing for his appeal is
scheduled immediately prior to the final assessment hearing. If the hearings official finds in favor of
Mr. Salamone, the total number of subsidies would be 7 and the cost of the subsidies would increase to
$35,459.06.
The total City cost includes the subsidy amount plus the non-assessable City share for the project. The
subsidy is funded from the Street Subsidy fund and the nonassessable portion of the project is funded
from Transportation SDC's, storm water SDC's, and from ODOT. Systems development funds are
paid by new development to finance the non-assessable share of this type of improvement project. The
non-assessable costs are paid for by the City for paving, additional pavement thickness, intersections,
medians, bus turnouts, bike lanes, street lights, street trees, traffic signal, and non-assessable storm
drainage system costs. In addition, the City paid for the costs of improvements built through the I- 105
right of way, across the Q-Street Channel, and for unassessable improvements on Martin Luther King
Boulevard.
RECOMMENDATION
The final total assessable costs are comparable to those quoted at the time of the formation of the LID.
Costs are distributed in accordance with Eugene Code. Staff recommends approval of the assessments
as calculated and that the Council levy the final assessments.
Exhibit C
CITY OF EUGENE PAGE: 1
SPECIAL ASSESSMENT SYSTEM
ASSESSMENT REGISTER (CITY COUNCIL)
93003502-GARDEN WAY-STREETWlDENING &IMPROVEMENTS
MASTER PROJECT #: 2004-00020 CONTRACT #: 2004 00020 JOB #: 93003502
PAVING, CURBS AND GUTTERS, SIDEWALKS, MEDIAN, STREET LIGHTS, TRAFFIC SIGNAL, STREET
PROJECT LEGAL DESCRIPTION TREES, WASTEWATER, AND STORM WATER DRAINAGE ON GARDEN WAY FROM SISTERS VIEW AVENUE T,
MARTIN LUTHER KING JR. BOULEVARD, AND THE NORTH SIDE OF M~TIN LUTHER KINGS JR.
TAXLOT TOTAL IMPROVEMENT AMOUNT OWNER INFORMATION
17032812-05001 000 $5,776.72 KHODABANDEHLO0 KHODAYAR
PROPERTY DESCRIPTION COUNTY SURVEY FILE #34293 2262 DALE AVE
EUGENE OR 97408
17032812-05100 000 $1,804.40 FICKER STEPHEN J & LORETTA J
PROPERTY DESCRIPTION 2004-057370 260 N GARDEN WAY
EUGENE OR 97401
17032812-05101 000 $5,920.81 HIRSCHHORN SCOTT
PROPERTY DESCRIPTION 2597/99085579 240 N GARDEN WAY
EUGENE OR 97401
17032813-00102 000 $9,113.15 EWEB
PROPERTY DESCRIPTION R145/86267 P O BX 10148
EUGENE OR 97440
17032813-00103 000 $7,290.51 GORHAM DARIN
PROPERTY DESCRIPTION 2004-099282 1071 HARLOW RD
EUGENE OR 97477
17032813-00104 000 $2,856.97 JOHNS ALVIN BLAKE
PROPERTY DESCRIPTION 9307117600 150 N GARDEN WAY
EUGENE OR 97401
17032813-00200 000 $9,113.15 VANNETT MICHAEL W
PROPERTY DESCRIPTION 2000006215 3605 BARDELL AVE
EUGENE OR 97401
17032813-03900 000 $6,105.81 EVANS DAVID M
PROPERTY DESCRIPTION 9400383500 230 N GARDEN WAY
EUGENE OR 97401
17032814-00100 000 $4,556.57 NORTHWEST PIPELINE CORP
PROPERTY DESCRIPTION R676/4765 PO BOX 58900
SALT LAKE CITY UT 84158
17032814-00200 000 $4,556.57 EWEB
PROPERTY DESCRIPTION R245/61175 P O BX 10148
EUGENE OR 97440
17032814-00300 000 $24,608.23 C4[RDEN WAY CHURCH
PROPERTY DESCRIPTION R1664 90-54412 231 N GARDEN WAY
EUGENE OR 97401
17032814-00302 000 $7,746.17 GARDEN WAY CHURCH
PROPERTY DESCRIPTION 2001~033470 231 N GARDEN WAY
EUGENE OR 97401
17032814-00304 000 $978.96 SALAMONE CHARLES N
PROPERTY DESCRIPTION 9808731500 3310 STRATHMORE PL
EUGENE OR 97405
MASTER CONTRACT NUMBER ~ 2004-00020
CITY OF EUGENE PAGE: 2
SPECIAL ASSESSMENT SYSTEM
ASSESSMENT REGISTER (CITY COUNCIL)
93003502 - GARDEN WAY - STREET WIDENING & IMPROVEMENTS
17032814-00305 000 $929.54 BOWERS RUTH M
PROPERTY DESCRIPTION 2000015389 155 N GARDEN WAY
EUGENE OR 97401
17032814-00306 000 $7,156.55 KILLGORE STEVEN H & SALLY F
PROPERTY DESCRIPTION 9105973800 2670 TUR/~BULL LN
EUGENE OR 97401
17032814-00309 000 $5,467.89 C~IAMBERS ELIJAH A & BETHANY
PROPERTY DESCRIPTION 2001-056030 PO BOX 71674
EUGENE OR 97401
17032814-00310 000 $6,434.80 HASTINGS JOEL & MINJU
PROPERTY DESCRIPTION 9705409600 712 NE GRACE AVE
BATTLE GROUND WA 98604
17032840-00100 000 $9,113.15 WYLIE GORDON K & LINDA
PROPERTY DESCRIPTION R1281/84-02775 PARCEL #1 313 S GARDEN WAY
EUGENE OR 97401
17032840-00103 000 $9,113.15 WYLIE GORDON K & LINDA
PROPERTY DESCRIPTION R1281/84-02775 PARCEL #2 313 S GARDEN WAY
EUGENE OR 97401
17032840-01000 000 $8,164.51 EWEB
PROPERTY DESCRIPTION R124/53599 P 0 BX 10148
EUGENE OR 97440
17032840-01101 000 $3,007.34 THOMPSON VANESSA M & JERRY E
PROPERTY DESCRIPTION 9605469900 & 9654700 110 S GARDEN WAY
EUGENE OR 97401
17032840-01410 000 $1,383.78 SUZA/FNE MEDICAL LLC
PROPERTY DESCRIPTION 2003-P1779 PARCEL 2 541 WILLAMETTE ST STE106
EUGENE OR 97401
17032840-01900 000 $9,113.15 ROBINSON JEAN CHASE
PROPERTY DESCRIPTION 9402393100 274 S GARDEN WAY
EUGENE OR 97401
17032840-02000 000 $9,113.15 ROBINSON JEAN CHASE
PROPERTY DESCRIPTION 2004-037171 274 S GARDEN WAY
EUGENE OR 97401
17032840-02103 000 $9,113.15 CHASE DAVID L & LYNN F
PROPERTY DESCRIPTION 9001212900 158 S GARDEN WAY
EUGENE OR 97401
17032840-02200 000 $1,549.23 BRENA34A/~ FAMILY REVOCABLE
PROPERTY DESCRIPTION 9102162600 132 S GARDEN WAY
EUGENE OR 97401
MASTER CONTRACT NUMBER = 2004-00020
CITY OF EUGENE PAGE: 3
SPECIAL ASSESSMENT SYSTEM
ASSESSMENT REGISTER (CITY COUNCIL)
93003502 - GARDEN WAY - STREET WIDENING & IMPROVEMENTS
TAXnOT TOTAn IMPROVEMENT AMOUNT OWNER INFORMATION
17032842-03500 000 $12,056.09 EUGENE CITY OF PARKS OPERATIONS
PROPERTY DESCRIPTION 2000-P1373 PARCEL 3 1820 ROOSEVELT BLVD
EUGENE OR 97402
TOTAL ACCOUNTS = 27
TOTAL AMOUNT = $182,143.50
MASTER CONTRACT NUMBER = 2004-00020