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HomeMy WebLinkAboutOrdinance No. 20291 ORDINANCE NO~ 20291 AN ORDINANCE LEVYING ASSESSMENTS FOR PAVING, CURBS, GUTTERS, SIDEWALKS~ WASTEWATER, STORM WATER, STREET LIGHTS AND TREES, IRRIGATION AND LANDSCAPING ON LEGACY STREET FROM AVALON STREET TO BABE RUTH LANE, AND ON AVALON STREET FROM LEGACY STREET TO HAVI[TURE WAY; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE. (CONTRACT 2003~07) (JOB #3990) The City Council of the City of Eugene finds that: On the 12th day of July, 2002, based on the findings issued by the City Engineer, pursuant to Section 7.160(8) of the Eugene Code, 1971, the City Engineer initiated the proposed local improvements cons/sting ofpaving, curbs, gutters, sidewalks, wastewater, storm water, street lights, irrigation, and landscaping on Legacy Street from Avalon Street to B£De Ruth Lane, and on Avalon Street from Legacy Street to Haviture Way. After due notice and a public hearing before the hearing official on July 29, 2002, the City Council formed the Local Improvement District and authorized construction of the local improve- ment on the 12th day of August 2002. The actual cost of the local improvement is ascertained to be $1,138,378~22, 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 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)(b) of the Eugene Code, 1971, on May 29, 2003~ 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 owmers of the parcels of real property subject to the assessment more than ten days prior to the scheduled public hearing befbre the hearing official. At the time and place specified therein, the hearings of~cial considered the assessment report of the City Engineer and Finance Officer and the testimony and evidence presented at the hearing. 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's findings and summary, and based thereon, THE CITY OF E[~GENE DOES ORDAIN AS FOLLOWS: Section 1. The hearings officiaFs summary is hereby made a part of the Council's record in these proceedings, and the hearings official's findings, including those regarding compliance wkh E.C. 7.160 to 7.190, attached hereto as Exhibit B and incorporated here~n by refbrence, are hereby adopted~ Section 2. The actual assessable cost of the local improvement comprised of paving, curbs, gutters, sidewalks, wastewater and storm water systems on Legacy Street from Avalon Street to Babe Ruth Lane, and on Avalon Street from Legacy Street to Haviture Way is $352,366.72 which ~s hereby assessed against the parcels of property hereinafter described in the amounts set opposite, respectively. Section 3~ The Cky Council does hereby determine and assess each lot and part of lot within the described local improvement district as set fbrth on the assessment roll attached as Exhibit C hereto and incorporated herein by reference. 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 assessrnent 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 tots, 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 oft his 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 proper~y 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 comnecfion with each unpaid assessment containing the ~bllowing: 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 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. Seetion 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 infbrmation 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 ~br 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 this improvement. Seefion 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. There~bre, 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 Councik Passed by the City Council this 23rd day of June, 2003~ Approved by the Mayor this 23~d day of June, 2003. city Mayor E~IBIT A o 0 · 0 0 ~ 0 0 ~ 0 0 0 cq 0 E~IBIT B EUGENE HEARINGS @FFICIAL FINDINGS MD RECOMMENDATIONS SUB,CT: FINAL ASSESSMENT FOR PAVING, CURBS, GUTTERS, SIDEWALK, WASTEWATER~ STORM WATER, STREET LI[GHTS AND TREES, I~GATION AND LANDSCAPING ON LEGACY STREET FROM AVAL@N STREET TO BABE RUTH LANE~ AND ON AVALON STREET FROM LEGACY STREET TO HAVlTURE WAY. (JOB 3990) BACKGROUND The project was kfitiated by two petitions received by the City~ and the City Enghaeer ~rfitiated the preparation of plans and specifications, pursuant to Section 7.160(8) of the Eugene Code, 197 I, Legacy Street and Avalon Street improvements have met current and future pedestrian, b~cycle and vehicular needs in a rapidly developing area along with the new Bethel District school in the area. Bids were opened on July 24, 2002, with Wildish Construction Co. as the apparent low bidder. The City Council formed the Local Improvement District (LID) on August 12, 2002~ The project :has been completed, and final assessment costs have been calcutated. The property o,~aaers were notified of the pending assessment hearing ten (10) days prior to the he~ng as required by Mmnic~pal Code. PRO.CT DESC~PTI[ON The improvements consist of a 43-foot wide road fbr Legacy, and a 28-5~ot wide road fbr Avalon with parking bays on each street. The Cky of Eugene and the Bethel School District jointly own the property to the east of Legacy and north of Avalon. An eight-fbot Mde sidewalk was constructed along the majority of the frontage for this property. Sidewalks on the west of Legacy and south of Avalon are to be built by others as development on the adjacent propegies occurs. Stormwater and wastewater pipes were installed, along with street trees and street lights. CORRAgSPONDENCE S~nce the mailing of the Notice of Proposed Assessment, city staff received two phone calls from property owners wanting to speak at the hearing. No ~tten correspondence regarding concerns or questions on the cost of the improvements were received. ASSESSMENT Costs are distributed per City Code 7.175, and as outlined in the Co~ancil adopted Hearings Offic~als~ findings and recormnendations, and resolution forming the LID. The non-assessable Findings and Recommendatiomffor Final Assessment - dob 3990 Page Civ~ share for this project will be funded primarily from Transportation and Wastewater SDCs. System development charges are paid by new development to finance the non- assessable share of this type of collector street improvement and wastewater trunk system. These non-assessable costs include paving~ to meet growth demands, non-assessable curb and gutter, non- assessable sidewalk.~ intersections~ street lights~ street trees, parking bays, and non-assessable drainage and waste-water systems. Assessment financing~ a 10-year payment plan through the City, is available to all property owners wi1~hin the ~mprovement district as identified by City Code, Chapter 7. None of the property owners quali~y for the low-to moderate income subsidy program. Properties that abut Legacy Street, a major collector street, are being assessed for paving 7-foot ~ width, properties along Avalon Street, a neighborhood collector, are assessed for 10~width of improvement on a per front foot basis. All the properties along the west side of Legacy have recorded irrevocable petitions fbr these improvements. None of the properties will take primary access off Legacy but are assessed for the Legacy improvement under EC 7.175(5)e that allows assessment with an ~rrevocabte petition. Several properties have frontages greater than 100 feet. The Hayden Homes (former Greenhill Village LLC property managed by Wells MarvSn) (TL #170420000t900) is a large ~developed property. Under Eugene Code (EC) 7.175(5)(~) the property would not be assessed now and the fkOntage costs would be collected with an equivalent charge at the time of development. Because this ~s the only property along the south side of Avalon the City would not go ahead ~4th the ~mprovement project of Av~on under th~s funding scenario. Wells Marvin agreed to be assessed ~br the full frontage under the EC 7.175(3)b, special circumstance clause so that the city would move forward w4th construction. The developing property owned by Bethel School DistriCt and City of Eugene Parks (TL # 17042021 00900) is also greater than 100 feet in frontage. It is zoned residential but because the use is permitted as a conditional use in residential zoning it was assessed as a non-residential property in terms of the frontage assessed. This property too was fully assessed for the frontage. One property along the west side of Legacy Street is greater than 100 feet in frontage, but is covered by an irrevocable petition for improvements, so even though it is not fully developed is proposed to be assessed for the full frontage. The parking bays along Legacy and Avalon Streets are not assessed. Typically they would be paid for by the adjacent property as a direct benefit. However, the bays will facilitate comrnunity goals for alternate modes (i.e. allow for parking outside the bike lanes during school pick-up and drop-off periods) and m~nimize neighborhood impact from use at the park. The table below shows the estimated assessment costs calculated at the time of the formation of the LtD compared with final assessment costs. A contingency was included in the estknated assessment costs. F#~dings and Recommendatio~,x fbr Final Axsessment- dob 3990 Page 2 ImProvement 1 O-foot Paving_(l>er front fbot) 7-Foot. ?aving (per front foot) Wastewarer (per squm--e ~¥ot, t 60-foot max.. ,depth) er squar_e fbot) S~onn Draih"(per sq [i'are~ot) Street Trees (each) Est~ Ass, Cost $45~88 $32.13 $0.34 $3.15 N/A $5 6.00 Final Ass, Cost $36.10 $25.44 $0127 $2~68 $0.22 N/A At the time of formation oft he district, the project total cost was estimated at $1,307,560~92 and was to be funded from several sources in the following approximate arnounts: Assessments Cky of Eugene $ 372,827.04 (28.5%) $ 934,733.88 (71.5%) The actual total project cost was $1,138,378.21. The breakdown of funding sources is as fbllows: Assessments City of Eugene $ 352,366.70 (31.0%) $ 786,011.50 (69.0%) The City's portion of the final project cost includes the cost for non-assessable curb and gutter, sidewalks, street lights, and street trees, and wastewater system as identified by Chapter 7 of the Eugene Code. ~COMMENDATIONS The City Engineer has provided the Heatings Official v;dth an assessment report, that outlined the above information and which recommended approval of the assessment as calculated, and a certification of notice. A public hearing regarding the proposed assessment was held on May 29, 2003~ The minutes of this hearing are attached to these Findings and Reco~endations as Exhibit "A?' Four members of the public, all of who live within the assessment district, tes6fied at the hearing. Much of the testimony concerned inquiries about how the assessments were calculated. A general concern expressed was regarding the policy of requiring fbur affected property owners to pay assessments related to improvements on a major collector to which they had no direct access. One specific concern expressed by fhose testifying was the lack of actual notice of the impending assessment when they p~archased their property' Legacy Street. T16s situation appears to be an anomaly created during the transfer of property ownership and which apparently has been resolved through an agreement between the developer and the assessed property owners where the fbrmer will pay at1 but a small portion of the assessment. Other concerns ~nvolved the timing of a water tine extension in relation to other scheduled improvements on Legacy Street. Staff agreed to fblIow-up with more information on the timing of the water line extension. Findings and Recommendations for Final Assessment - dob 3990 Page 3 Based upon the information provided by the City Engineer's office and testknony offbred at the M%, 28, 2003 public hearing, the Hearings Official finds that the final improvement costs proposed to be assessed are the same as those quoted at the local improvement hearing and are comparable to or lower than projects of similar size. The Hearings Official further finds that the proposed assessments are calculated in accordance with the Eugene Code and that the project is one for which the assessments are for a local improvernent as set forth in ORS 3 I0.140 because: (1) (2) (3) (4) he assessments do not exceed actual costs; The assessments are imposed for a Capital Improvement Construction Prqiect which provides a specific benefit to a specific property or rectifies the problem caused by a specific property; The assessments ~e imposed in a single assessment upon completion of the project; and The assessments allow the prope~ owners to elect to pay off with interest over at least ten (10) years. Accordingly, the Hearings Official recorrnnends approval of the assessmems as calculated and that the Council levy the final assessments. Respectfully ~u~gsOffic[al Findings and Recommendations for Final Assessment- Job 3990 Page 4 EXHIBI[T C ~ 0 0 ~ ~) rj o o 0 o 0 · o ~ o ~ o ~ o O~ ~'~ 0 0 0 Dr-rD o ~ o ~, m ~ o O~ ~ 0 o ~ HO < 0 0 ~ ~ 0 0~ ©©~ 0 0 P~ 0 0 ~0 c.n ~0 Oc~D m ~ a~ 0 0 o o m ~