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HomeMy WebLinkAboutOrdinance No. 20253 ORDINANCE NO. 20253 AN O~INANCE LEVYING ASSESSMENTS FOR PAVING, CUt~S, GUTTERS~ SIDEWALKS~ STREET LIGHTS~ STREET TREES~ AND STORM SEWERS ON DELTA HIGHWAY FROM GREEN ACRES ROAD TO AYRES ROAD. (CONTRACT 2001-27) (JOB #3710) The City Council of the City of Eugene finds that: On the 5th day of March 2001, the City Council, by motion duly passed, initiated the proposed local improvements consisting of paving, curbs, gutters, sidewalks, street lights, street trees, and storm sewers on Delta Highway from Green Acres Road to Ayres Road. After due notice and a public hearing before the hearing official on May 24, 2000, and no remonstrances having been filed, on the 28th day of June, 2001, the City Council formed the local knprovement district and authorized construction of the local improvement. The actual cost of the local improvement is ascertained to be $1,204,048.69, 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 ("E.C.") and as set forth in Exhibit A attached hereto and incorporated herein by reference. The City Council has established the method of calculating local improvement assessments in E.C. 7.170 and 7.175. 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 more than ten days prior to the scheduled public hearing before the hearing ofiqcial. At the time and place specified therein~ and no persons appearing personally or in writing, nor any remonstrances having been filed, the hearings official considered the testimony and evidence and Ordinance- 1 has reported the adopted findings to the City Council. The Council has reviewed and considered the assessment report of the City Engineer and Fip~ance Officer and the hearings official's findings and summary, and based thereon, THE CITY OF EUGENE DOES O~AIN AS FOLLOWS: Section 1. The hearings official's summary is hereby made a part of the Council% record in these proceedings, and the hearings official's findings~ including those regarding cornpliance with E.C. 7. t 60 to 7.190, attached hereto as Exhibit B m~d incorporated herein by reference, are hereby adopted. Section 2~ The actual assessable cost of the local improvement comprised of paving, curbs, gutters, sidewalks, street lights, street trees, and storm sewers on Delta Highway fi:om Green Acres Road ~o Ayres Road is $40,235.81 which is hereby assessed against the parcels of property hereina~ fter 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. Seefion 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 lar~d against which said several amounts are assessed, and may be paid, with interest on the unpaid principal amount commencing ten days after the effective Ordinance ~ 2 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 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 cormection wi~h each unpaid assessment containing the fbllowing: 5.1 A description of each lot, part of lot or acreage specially benefitted 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 sm 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 Of~cer 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. seefion 7. Any assessment remaining unpaid and fbr which no application for installment pa~ents has been received may be ~breclosed as provided by law. The proceeds ~¥om the payment or ~breclosure 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 Ordinance ~ 3 indebtedness incurred by the City for this improvement. Passed by the City CoUncil this 13~a day of May, 2002 CiB~ Recorder Approved by the Mayor this 13~h day of May, 2002 OrdinSmce - 4 E~IBIT E~BIT F~INGS ~ REC@~NDATIONS SUB.CT: PAVING, C~S ~ GUTTE~, smEwAL , STREET LIGHTS, STREET TREES, ~ ST@~ SE~RS ON DELTA ~GltWAY FROM G~EN ACRES RO~ TO A~S RO~ (JOB g3710) (CO~CT Delta Highway; s2etCtfing from Green Acres Road, near Beltlkqe ~ghway, to Ayers Road has seen a ~emly kncreas~g level of use. The rapid development ~ Us ~ea, and the [acreaskng ~5c~at resulted from ~s development, have placed a great demand on Delta mghway. ~s resulted ~ deterioration of Delta Highway. The improvement project was Lncluded in the City Council's adopted Capital hnprovement pro~ for FY 96~1998~ The CiW COuncil passed a motion on December 7, 1998~ kfifiat~g the deSi~ phase or~Y, On M~ch 5, 2001, theCiW Council passed a motion to approve the fi~ design, m Local Improvement District Boundaries and to seek contractor biddkng, as prO~ided ~ sections 7A60(5) ~d Z160(7) ofthe Eugene Code. The bids were opened on May 30~ 200!, with Babb Construction Co. dba Delta Construction Co. as the low bidder. C~ty Council fbrmed the Local District(q_.ID) on June 28, 2001. The project h~s been completed; ~d fkn~ ~sessment costs have been calculated. The property owners were of the pendhag assessment hearktg ten (10) days prior to the heading as required by the EUgene COde. P~@JEC_ T Delm~ ms along ~e edge of the urban ~o~ bounds. For that reaso~ ~e project ~ . ed. - rural ~ghway standards along the west side, the side facing the area outside ~e urb~ ~owth bO~d~. ~ese ~al standmds have shoulders and roadside ~age, but no curbs3 gutters Or roadside ~a~age. On the east side Delta Highway has been improved to urban stand~dS, with CurbS, gutters and sidewalks. Both sides of the project included street trees, street l~ghts ~don street b~ke lanes. Several me~ans and traffic calming devices were included in ~e project hnprovemems. TbSs project design, with a distinction between rural and urban design standards is similar to the used ~ other upAmproved roadways adjacent to the urban growlh boundary line, such as 1 Road, Beacon Drive and Game Farm Roa& At some point k~ the future, k may be appropriate to consider a follow-up improvement to b~g the west side of the roadway up to urban Curb/gutter and sidewalk) if the UGB changes and general urban se~ces are ?AV~G; CURBS ~ Gt~ERS~ S~EWALKS, STREET L!GHTS, STREET TREES, AND STOR~I SEWERS ON DELTA mGttwAyFROM GREEN ACRES ROAD TO A~$ ROAD FIN~ ASSESS~ Page 1 provided. ASSESSMEN_ TS The City Engineer has recommended that assessments be calculated in accordance with Section 7~175 of the Eugene Code and the Council adopted directions at the time of the formation of the Local Improvement District. In accordance with the Eugene Code assessment policy, three percent of the improvement costs ~¼11 be distributed to the abutting properties. The street surface of Delta Highway was still adequate to support trite traffic using the street, in the opinion of the City Engineer, therefore there is no recommendation that any property be assessed for the street improvements. The City Engineers recommends that the properties on the west side of Delta Highway not be assessed for the street improvements because there are no -urban level improvements to the street. On the east side, where Delta Highway is improved to full urban standards, with sidewalks, curbs and gutters, the City- Engineer recormmends assessment of some of the properties, but not all. There are several cormmerciaI properties already developed along the east s~de of Delta Highway. The City Engineer recommends that these properties be assessed for the full benefit provided them, that is, for the sidewalks, curbs and gutters and other stormwater improvements. Further north, the portion of Lakefidge Mobile Home Estates abutting Delta Highway is recommended by the City Engineer for assessrnent only fbr the sidewalk improvements. The Qwest propervv~ on the west side of Delta Highway I subject to an assessment for a wastewater system installed on that property. No assessment is recommended for the Delta Pines residential development because there are deed resections that prohibit access to Delta from the properties that abut the Highway. Because of this, and because there are no irrevocable petitions for the improvements on file, the properties do not seem to qualify as properties benefited by the improvements, and thus should not be assesse& The non-assessable City share for this project vAll be funded primarily from Transportation Systems Development Charges (SDCs)~ Systems development charges are paid by new development to finance the non-assessable share of this type of collector street improvernent. These non-assessable costs include paving to meet growth demands~ medians/traffic calming, non-assessable curb and gutter~ non-assessable sidewalk, ~ntersecfions, streetlights~ street trees and non-assessable portions of the storm drainage system. parcels 0fland that are vacant or partially developed are not assessed at this time, but the deferred aSsessments will ultimately be collected as an equivalent assessment at the time of deveppmenti Inthe meantime, the costs Mllbe covered by the City's new' revolving fund. frond. Mll cover the costs of delayed assessments for a project frorn the time of levy4ng assessments until an equivalent assessment is Collected sometime in the future. This ASsessment fin~c~ng, a 10-year payment pl~ through the City, is ax, allable to all property ow2ers Mthin the improvement district as ~denfified by City Code, Chapter 7. pAVINGi CU~S AND GUTTERS, SIDEWALKS, ST~ET LIGHTS, STREET TREES, AND STO~ SE~RS ON DELTA HIGHWAY FROM GREEN AC~S ROAD TO AYRES ROAD F~AL ASSESSMENT Page 2 The final unit aSSessable coSts are: Wastewater Sm~ Drainage and curb and gutter Sidewalks~riveway Apron $ 32,199.70/lump sum $ 25.83/front foot $ 2.93/square foot Total Assessable Cost $ Total Ci'ty Cost Total Project Cost 40~235.81 $1,101,644.05 $1,236,402.25 The City w51t pick up the cost fbr paving, medians/traffic calming, non-assessable curb and gutter and sidewatk~ street lights~ street trees and a portion of the storm drainage systern as identified by City c°de; Chapmr 7. At the time of the formation of the local improvement district, the Ci~ Engineer estimated the costs of the projeCt~ based on the bids accepted. These estimated aSsessments were: Wastewater StOrm Drainage and curb and gutter SideWalks~riveway Apron $ 30,87T96/lump sum $ 33.59/front foot $ 3.98/square foot PUBLIC INWOLVEMENT On October 29, 1998, an initial public information meeting was conducted to provide property owners and interested parties with information regarding the proposed Delta improvement project and get their input about preliminary concepts fbr upgrading North Delta Highway. Staff wanted to assure residents that they were aware of the ne~ghborhood's transportation needs. On November 12, 1998, a hearing regarding the proposed improvements to Delta Highway was conducted to give property owners the opportunity to provide input to the City Council on the needs and issues associated with the project. On December 7, 1999, stat'f held a design review meeting to discuss design alternatives with property owners and interested parties. With the input from reside4~ts and property owners both at the December 7 meeting and individually over a several month period, staff refined the design and presented a final design proposal to owzters and interested parties in a joint drop-in infbrmafion open house on December 6, 2000, for both the North Delta Highway and Ayres Road projects. On June 5, 2001, a hearing regarding the fbrmation of the Local Improvement District (LID) was PA'VING, C~RBS AND GUTTERS, SIDEWALKS, STREET LIGHTS, STREET TREES, AND STORM SEWERS ON DELTA HIGHWAY FROM GREEN ACRES ROAD TO AYRES ROAD FINAL ASSESSMENT Page 3 conducted to give property owners the opportunity to review the bid information and provide input to the City Council on issues associated w/th forming the LID~ After completion of the project and calculation of the final assessment costs, notice of the proposed assessments and notice of a public hearing to be held on April 17, 2002, was sent to all property owners. No correspondence concerning the proposed assessment was received, and no persons attended the public heating. Discussion This proposed assessment is the one of the first under the City's new local improvement assessment process. For this improvement the process has involved extensive public discussion and involvement in the development of the improvement. The new process has also significantly altered the assessment process itself, giving rise to deferred assessments and a different means of attributing benefit to the properties. There are also some unique aspects to this particular improvement, such as a decision to not assess for pavement improvements because, w?file such improvements were necessary to bring the street to City standards~ the existing pavement structure was adequate to support the existing level of local traffic. The process appears to have worked well. In prior hearings this improvement has raised considerable public concern Judged solely by the lack of correspondence and attendance at the hearing, there is less pubt~c concern or objection to the proposed assessments. FINDINGS AND RECOMMENDATION Notice of t~he public hearing was provided and all the property owners were given an opportunity to participate in the hearings. Property owners Who will bear the cost for the proposed improvements were notified of the April 17, 2002, public hea~fing with the hearings official and the City Council session to le'~5~ the final assessment. Letters informing property owners of the heating and anticipated Council action date 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 ov~mers. Appropriate notice was given and the public hearing was conducted in accordance with the relevant provisions of the Eugene Code. 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 The assessments do not exceed actual costs; 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 PAVING, CURBS AND GUTIIERS, SIDEWALKS, STREET LIGHTS, STREET TREES, A-ND STORM SEW~ERS ON DELTA HIGHWAY FROM GREEN ACP,_ES ROAD TO AYRES ROAD FINAL ASSESSMENT Page 4 The assessments are imposed in a single assessment upon completion of the project; and The assessments allow' the property owners to elect to pay the assessment with interest over at least ten (I 0) years. The Heatings Official also finds that the proposed final assessment, calculated and recommended by ~he City Engineer is reasonable and consistent with the Eugene Code. The Heatings Official recommends that tt~e Council act in accord w/th the City Engineer's recommendations~ adopting an ordinance le~jing the assessment as set forth by the City Engineer. /~ect full~bmi~}~, Milo Mecham Hearings Official Dated: April 26, 2002 PAVING, CURBS AND GUT~RS, SIDEWALKS, STREET LIGHTS, STREET TREES, AND STORM SEekeRS ON DELTA HIGHWAY FROM GREEN ACRES ROAD TO AYRES ROAD FINAL ASSESSMENT Page 5