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HomeMy WebLinkAboutOrdinance No. 20288 ORDINANCE NO, 20288 AN ORDINANCE LEVYING ASSESSMENTS FOR PAVING~ CURBS, GUTTERS~ SIDE~VALKS~ STREET LIGHTS~ WASTEWATER SYSTEMS~ AND DRAINAGE SYSTEMS ON ROYAL AVENUE FROM TERRY STREET TO 1,00O FEET WEST OF TERRY STREET; AND DECLARING AN EMERGENCY; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE. (CONTRACT 2002-20) (JOB #4044) The City Council of the City of Eugene finds that: On the 26th day of February, 2001, the City Council, by motion duly passed, initiated the proposed local improvements consisting of paving, curbs, gutters, sidewalks, street lights~ street trees, wastewater systems, drainage systems, and traffic signal on Royal Avenue from Terry Street to 1,000 feet west of Terry Street. After due notice and a public hearing before the hearing official on June 5, 2002, the City' Council formed the Local Improvement District and authorized construction of the local improve- ment on the 24th day of June 2002. 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 Cornmissioners is required for inclusion of the properties in the local improvement district. On May 8, 2002, Lane County, by Board Order 02-5-8-5, has given concurrence that the properties (Jones, Tax Lot #17042000 03800; Lydum, Tax Lot # 17042911 00100; Heitz, Tax Lot #17042911 00200; Roos, Tax Lot #17042911 00300; Allen, Tax Lot # t 70429110 00500; Nelson, Tax Lot # 17042911 00600; Hammer/Joll, Tax Lot # 17042911 00700; Morgan, Tax Lot # 17042911 00800; Larsen, Tax Lot # 17042911 00900) be included in the Local Improvement DistricL Ordinance- 1 One property, (Jones, Tax Lot #17042000 03800), was assessed for sidewalks, but not 1:hr paving improvements on Royal Avenue. Although the property is a comer lot which, by Eugene Code definition, takes primary access off of Royal Avenue and would otherwise be assessed for paving and related improvements, pursuant to E.C. 7.175(1)(a), it was decided to assess the property only for sidewalks because the property has already been developed, its driveway access is off of Terry Street, it has previously been assessed for the long frontage on Terry Street, and additional driveways off of the minor arterial of Royal Avenue are not desirable. The actual cost of the local improvement is ascertained to be $503~33T95, 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 ~brth 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 public hearing on this 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)(b) of the Eugene Code, 1971, on April 9, 2003. A notice containing the information required by E~C. T185 was posted on a public bulletin board at Cky Hall and given by certified ma~l to the owners of the parcels of real property subject to the assessment more than ten working days prior to the scheduled public hearing before the hearing officiak At the time and place specified therein, the heatings official considered the assessment report of the City Engineer and Finance Officer and the testimony and evidence presented at the hearing. Ordinance ~ 2 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~ The Council has reviewed and considered the assessment report of the City Engineer and Finance Officer and the hearings official% findings and summary, and based thereon, THE CITY OF E~rGENE 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 improvement comprised of paving, curbs, gutters, sidewalks, wastewater systems, and drainage systems on Royal Avenue from Terry Street to 1,000 feet west of Terry Street is $82,081.48 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 heret° and incorporated herein by reference. S~ction 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 ~brth. 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, w~thout 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 Ordinance - 3 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 mount commencing ten days after the effective date of this ordinance: 4.1 ha up to twenty semi-annual installments, including principal arid 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 servSce 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 with each unpaid assessment containing the following: 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 nnknown; 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. t 90 and enclose therewith an application fbr 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 la-w. The proceeds from the payment Ordinance - 4 or tS>reclosure 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. Seetion 8. An immediate effective date 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 take effect immediately upon its passage by an affirmative vote of two-thirds of all members of the CiD' Council and approval by the Mayor, retention by the Mayor for more than ten days, or readoption over a Mayoral veto. Passed by the City Council this 12th day of May, 2003 Approved by the Mayor this 12th day of May~ 2003 Deputy City Recorder Ordinance - 5 E~IBIT ~ ~ 0 0 0 ~ o © o o ~ ~ 0 0 ~ ~r~ ~ 0 0 0 EXHIBIT FINDINGS AND RECOMMENDATIONS SUBJECT: PROPOSED FINAL ASSESSMENT PAVING, CURBS, GUTTERS~ SIDEWALKS, STREET LIGHTS, STREET TREES, WASTEWATER SYSTEMS, DRAINAGE SYSTEMS~ AND TRAFFIC SIGNAL ON ROYAL AVENUE FROM TERRY STREET TO 1,000 FEET ~VEST OF TERRY STREET. (JOB #4044) (CONTRACT #2002~20) BACKGROUND Royal Avenue is a minor arterial street l~ated on the west side of Eugene. The improvements to RoyM Avenue from Terry Street to 1,000 feet west of Terry Street are intended to meet current and future pedestrian, bicycle and vehicular needs in a rapidly developing area of the coramunity. The new Bethel District school site.' on the north side of Royal Avenue was instrumental in the decision to improve Royal Avenue. This improvement project was initiated by the Capital Improvement Plan adopted by the City Council on February 26, 2001 pursuant to Section 7.160(5) of the Eugene Code, 1971. Bids were opened on May 23, 2002, with Babb Construction Co. dba Delta Construction Co. as ~e iow bidder. The City Council formed the Local Improvement District (LID) on June 24, 2002~ Royal Avenue is near the edge of the Eugene city limits, and a portion of the LID includes properties outside the city in Lane County. The prqiect has been completed, 'and final assessment costs have been calculated. The property owners were notified of the pending assessment hearing ten (10) da-ys prior to the hearing as required by Murficipal Code. The project involved installation of improvements consisting of a 46-foot wide road with three 12 foot wide lanes and two five foot wide lanes with cu£t~s and gutters on both sides, and a 5~foot sidewalk on the north side of the street. Storm water and wastewater systems were installed, along with street trees and street lights on the north side. A traffic signal at the intersection of Royal Avenue and Terry Street was also installed. ASSESSMENTS The costs of the improvements are to be distributed as required by section 7.175 of the Eugene Code, and as outlined in the Council adopted Hearings Official minutes, findings and recommendations, and resolution forming the LID. PAVING, CURBS AND GUTTERS, SIDEWALKS, AND STORM SEWERS ON ROYAL AVENUE FINAL ASSESSMENT Page Two properties abut the project on the north side of Royal Avenue, one is within the City limits and one is in Lane County. The property (Bethel School District) within the City will be assessed for improvements constructed under this contract. The School District constructed their own sidewalks. The other north property (Jones) will only be assessed for sidewalks and will not be assessed for the costs of improvements to Royal Avenue because it was assessed for improvements on TeiTy Street. At the time of the Royal Avenue LID formation the Jones property was exempted from the street improvement (paving) assessments for Royal. Nine prope~ies abut the project on the south side of Royal Avenue and all are located in Lane County. The Lane County Board of Commissioners on May 8, 2002 by Board Order 02-5-8-5 authorized the City of Eugene to assess these properties. These lots are: Lydum Tax Lot #1704291100100 Heitz Tax Lot #1704291100200 Roos Tax Lot #1704291100300 Allen Tax Lot #1704291100500 Nelson Tax LOt g1704291100600 Joll~mmer Tax LOt #1704291100700 Morgan Tax LOt #1704291100800 Larsen Tax Lot # 1704291100900 The non-assessable City share for this project will be funded primarily from Transportation SDCs. System development charges are paid by new development to finance the non-assessable share of the improvements. As a collector street Royal Avenue is wider than neighborhood streets. The cost of improvements above the standard street width assessment for this type of collector street improvement are non-assessable under the Eugene Code. In every street improvement project there are other costs, such as the cost of intersections where there are no abutting properties, that are non-assessable. In the Royal Avenue project, the non-assessable costs include paving to rneet growth demands, and the non-assessable portions of the cost of curbs and gutters, sidewalks, intersections, street lights, street trees and the storm drainage system. Parcels of land that are vacant or partially developed will pay an equivalent assessment at the time of future development. City funds will cover the costs of the delayed assessments from the time of levying assessments until an equivalent assessment is collected sometime in the future. Assessment financing, a 10-year payment plan through the City, is available to all property owners within the improvement district. Of the 10 properties in the LID, three 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 the subsidy share, two at rnoderate income (1/3) and one at very low income (5/6). The total cost for the low income subsidies is $2,763.09. PAVING, CURBS PGND GUTTERS, SIDEWALKS, AND STORM SEWERS ON ROYAL AVENUE FINAL ASSESSMENT Page 2 The prOPerty owned by ~¥dum (TL#1704291100100) is a comer lot of approximately 0.34 acres. This property was assessed for Terry Street improvements for a frontage of 95 feet under an older version of the code~ Primary access (the driveway and address) for this lot is from Royal so a paving assessment was assessed for Royal frontage of 80 feet. Property owned by Jones (TL#17042000 03800) is a comer lot that is subject to a deferred assessment for Terry Street improvements. The driveway access is off Terry Street. There is not a drivewa-y off of Royal Avenue. The Jones' is on Royal Avenue, so, by the provisions of the Eugene Code, the Jones would be considered to have primary access on Royal. However, to maintain traffic flow on Royal as a minor arterial, it would be best if access off of Royal was limited, At the LID formation consideration was given to physical access, assessments already levied to this property and ~e intent regarding assessments for residential comer properties, llt was determined that no pavement assessment on Royal would be levied against this property. Only sidewalks have been assessed per (EC 175(5)(e)). PrOPerties that abut the street were assessed for 3.5 feet of pavement width of knprovement on a per front foot basis, and for driveway aprons and adjustments. The final unit assessable costs are calculated to be: 3.5-foot Paving (per front foot) Wastewater (per square foot, 160 foot depth) Sidewalks/Driveway Apron Wastewater Service Line (each) $ 20.29 $ .16 $ 3.01 $1,258.97 The City will pick up the cost for paving beyond 3.5 feet, non-assessable curb and gutter and sidew~k, street lights, street trees and a portion of the storm drainage system as identified by City Code, Chapter 7. For the project as a whole, costs are divided as follows: Total Assessable Cost Low Income Subsidy Delayed/On Hold Total City Cost Total Project Cost $ 82,081.48 $ 2,763.47 $ 39,286.72 $ 421,256.47 $ 503,337.95 PAV~G, CURBS AND GUTTERS, SIDEWALKS, AND STORM SEWERS ON ROYAL AVENUE FINAL ASSESSMENT Page 3 At the time of formation, the projected costs for the improvements were: 3.5-foot Paving (per front foot) Wastewater (per square foot, 160 foot depth) Sidewalks/Driveways (per square foot) Wastewater Service Line (each) $ 24.00 $ 0.17 $ 3.14 $1,218.00 MENT On March 4, 2002, an initial public information meeting was conducted to provide property owners and interested parties with information regarding the proposed Royal Avenue improvement project and get their input about preliminm3, concepts for upgrading. On June 5, 2002, a hearing was held regarding the formation of the Local Improvement District (LID) to give property owners the opportunity to review the bid information and provide input to the City Council on issues associated with forming the LID. After completion of the project, property owners within the LID were notified of the completion of the project and the city's intent to assess the properties. A public hearing was scheduled and owners were invited to attend if they had any questions. The ordinance for the assessment was prepared and was available for review at the public hearing. After the mailing of the Notice of Proposed Assessment, city staff received a phone call from one property owner. Staff addressed ali their concerns. No written correspondence regarding concerns or questions on the cost of the improvements were received. No persons appeared for the public hearing. ~NDINGS AND ~COMMENDATION Notice of the 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 9~ 2003, public hearing with the hearings official and the City Council session to levy the final assessment, letters informing property owners of the hearing 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 owners. Appropriate notice was given of the public hearing and the availability of the proposed ordinance for assessments as required by the Eugene Code. PAVING~ CURBS gaND GLrl'TERS, SIDEWALKS~ AND STORM SEWERS ON ROYAL AVENUE FJNAL ASSESSMENT Page 4 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 assessmerlts 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 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 (10) years. The Hearings Official also fin~ that the proposed final assessment, calculated and recommended bythe 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~ Resnectfully submi, tt>ed, Milo Mecham Hearings Official Dated: April 21, 2003 PAVING, CURBS AND GUTTERS, SIDEWALKS, AND STORM SEWERS ON ROYAL AVENUE FIN~ ASSESSMENT Page 5 MEMORANDUM DATE: April 9, 2003 FROM: Mark Schoening, City Engineer TO: Heatings Official SUB,CT: PROPOSED FINAL ASSESSMENT PAVING, CURBS~ GUTTERS~ SIDE'WALKS~ ST~ET LIGHTS, ST~ET TREES, WASTEWATER SYSTEMS~ DRAINAGE SYSTEMS, AND TRAFFIC SIGNAL ON ROYAL AVENUE FROM TERRY ST~ET TO 1,OOO FEET WEST OF TERRY STREET~ (JOB #4044) (CONTRACT #2002-20) BACKGROUND Royal Avenue is a minor ~etial street located on the west side of Eugene. The improvements to Royal Avenue from Terry Street to 1,000 feet west of Terry Street have met c~ent and future pedestrian, b~cycle and vehicular needs in a rapidly developing area of the communky. The new Bethel Dis~ict school,site on the north side of Royal Avenue was instrumental in ~e decision to improve Royal Avenue. Tkfis improvement project was initiated by the CIP adopted by the City' Council on February 26, 2001 pursuant to Section 7.160(5) of the Eugene Code, 1971. B~ds were opened on May 23, 2002, with Babb Construction Co. dba Delta Cons~ction Co. as the ~ow bidder. The C~ty Council formed the Local Improvement District (Lt[D) on June 24, 2002. The project has been completed, and final assessment costs have been calculate& The property owners were notified of the pending assessment heating ten (10) days prior to the hearing as required by Mmqic~pal Code. The intent of the final assessment hearing that ~s scheduled for April 9, 2003, is to review final project cost, consider cornraents 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 received a phone call from one property owner. Staff addressed all their concerns. No written correspondence regarding concerns or questions on the cost of the improvements were received. PRO. CT DESC~PTION The improvements consist of a 46-foot wide road with t?Lree lanes, 12-feet in width and two 5- foot bike lanes with curb and gutter on both sides, and a 5-foot sidewalk on the north side of the s~eet~ Storm water and wastewater systems were installed, along wkh s~eet trees and street lights on the north side. A traffic signal at the intersection of Royal Avenue and Terry Street was alSo installed. PUBLIC PROCESS The following is a brief summm~ of the public involvement ~br the project: On March 4, 2002, an initial public ir~¥rmation meeting was conducted to provide property owners and interested parties with info~ation regarding the proposed Royal Avenue improvement project and get their input about preliminary concepts for upgrading. On June 5, 2002, a hearing was held regarding the formation of the Local Improvement District (LID) to give property owmers the opportunity to review the bid information and provide input to the City Comacil on issues associated with forming the LID. ASSESSMENT Costs are distributed per City Code 7.175, and as outlined in the council adopted Hearings Official minutes, findings and recommendations, and resolution forming the LID. Two properties abut the project on the north side of Royal Avenue, one is within the City limits ~done is in Lane County. The property (Bethel School District) within the City will be assessed~ for improvements constructed under this contract. The School District constructed thek own sidewalks. The other north property (Jones) will only be assessed for sidewalks and will not be assessed for Royal Avenue because it was assessed for irn~provements on Terry Street and at the LID 15~rmation was exempted from paving assessments off Royal. Nine properties abut the project on the south side of Royal Avenue and all are located in Lane County. The Lane County Board of Co~issioners on May 8, 2002 by Board Order 02-5-8-5 authorized the CiD' of Eugene to assess these properties. These lots are: Lydmn Tax Lot gl 704291100100 Heitz Tax Lot #1704291100200 Roos Tax Lot #1704291100300 Allen Tax Lot #1704291100500 Nelson Tax Lot # 1704291100600 Joll~ammer Tax Lot # 1704291100700 Morgan Tax Lot gl 704291100800 Larsen Tax Lot #1704291100900 The non,assessable City share for this project will be fimded primarily from Transportation SDCs. System development charges are paid by new development to finance the non-assessable shoe of t?tis type of collector street improvement. These non-assessable costs include paving to meet ~owlh demands, non-aSsessable curb and gutter, non-assessable sidewalk, intersections, seeet lights, street trees and non-assessable storm drainage system. Parcels of land that are vacant or partially developed will pay an equivalent assessment at the time of futm'e development. City funds will cover the costs of the delayed assessments from the time of levying assessments until an equivalent assessment is collected sometirne in the future. Assessment financing, a 10-year paymem plan through the City, is available to all property' ov, mers within the improvement district as identified by City Code, Chapter 7. Of the 10 properties in the LID, three 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 ~?or the subsidy share, two at moderate income (1/3) and one at very low income (5/6). The total cost for the low income subsidies is $2,763.09. The property ova, ed by Lydum's (TL#1704291100100) is a comer lot of approximately 0.34 acres that was assessed for Terry Street improvement for a frontage of 95 feet under an older version of the code. Primary access (the driveway and address) for this lot is from Royal so a paving assessment was assessed for Royal f~ontage of 80 feet. Property o'wned by Jones' (TL#t 7042000 03800) is a comer lot that is subject to a deferred assessment ~br Terry Street improvements. The driveway access is off Terry Street. There is not a driveway off of Royal Avenue. The Jones' have one address on Royal Avenue so by EC would be considered to have primary access on Royal. Staff will not grant an access off of Royal Avenue in order to maintain traffic flow on the minor arterial. At the LID formation consideration was given to physical access, assessments already levied to this property and the intent regarding assessments for residential comer properties. It was determined that no pavement assessment on Royal would be levied against this property. Only sidewalks have been assessed per (EC 175 (5)(e)). Properties that abut the street were assessed for 3.5-width of improvement on a per front foot basis and for driveway aprons and adjustments. Below are the final unit assessable costs: 3.5-t~0ot Paving (per fi:ont foot) Wastewater (per square foot, 160 foot depth) Sidewalks/Driveway Apron Wastewater Service Line (each) $ 20.29 $ .16 $ 3.01 $1,258.97 Total Assessable Cost Low Income Subsidy Delayed/On Hold Total City Cost Total Project Cost $ 82,081.48 $ 2,763.47 $ 39,286.72 $ 421,256.47 $ 503,337.95 The City will pick up the cost for paving beyond 3.5 feet, non-assessable curb and gutter and sidewalk, street lights, street trees and a portion of the storm drainage system as identified by City Code, Chapter 7. CoSts listed below are the estimated aSsessment costs calculated at the time of the formation of the LD~ A contingency was included in the estimate. 3.5~foot Paving (.per f~ont foot) Wastewater (per square foot~ 160 foot depth) Sidewalks/Driveways Cer square fbot) Wastewater Service Line (each) $ 24.00 $ 0.17 $ 3ot4 $1,218.00 The prqiect total cost of $533,300 is fimded from several sources: Assessment's streets storm & wastewater Lane County Road Fund Cky of Eugene SDCs $ 51,800 $225~000 $256,500 ~COMMENDATION The fin~ total improvement costs are lower than those quoted at the local ~mprovement hearing and are comparable to projects of similar size. Staff recommends approval of the assessment as calculated and that the Council levy the final assessment. 800' I~OYAL AMENUE EXq-EN~ION ?F(OJECT LIMITS ClT'f OF EUGENE FUBLIC W'OR.~5 ENGINEER. lNG CITY JOB #z1044, JUNE 17, 20(92 DESIGNED/DP~,~ED BY:W, DUDLEY' o mO b~ ,-1 ~o EXHIBIT ~ 0 ~ m © m 0 o 0 0 115 o ~4 0 0 o ~ 0~ c~ O 0 o ~ 0 OC~ 0~ c~ 0 0 0 ~0 o a) o ~ c~ 0 o ,,~ o-, ,<:<0 0