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HomeMy WebLinkAboutOrdinance No. 19807ORDINANCE No . i a ~ a ~ AN ORDINANCE LEVYING ASSESSMENTS FoR PAVING STORM AND SANITARY SEWER oN SHERATON DRIVE FR~M CHATEAU MEADOW DRIVE, 1?00-FEET NORTH; AND DECLARING AN EMERGENCY. The City Council of the City of Eugene finds that: On the 1st day of March, 1990, as authorized in the Eugene Code 7.160~8~ the City Engineer initiated the proposed local improvement consisting of paving, storm and sanitary sewer on Sheraton Drive from Chateau Meadow Drive, 1700-feet north. After due notice and a public hearing thereon before the hearing official, and no remonstrances having been filed, on the 25th day of June, 1990, the City Council formed the local improve- ment district and authorized construction of the local improve- ment. The actual cost of the local improvement is ascertained to be $230,407.78 and the amounts to be assessed to and borne by the specially benef fitted property and to be borne by the City or others has been determined in accordance with applicable provisions of the Eugene Cade, 1971 and as set forth in 2tems 1 to 16 from Page 1 on Exhibit A attached hereto and incorporated herein by reference. The City Council has established the method of calculating local improvement assessments in Sections ?.170 and 7.175 of the Eugene Code, 1971. A notice containing the information required by Section 7.185 of the Eugene Code, 1971 has been posted on a bulletin board at City Hall and given by certified mail to the owners of the parcels ORDINANCE - 2 of real property subject to the assessment more than ten days prior r` to the public hearing before the hearing official. At the time and place specified therein, a hearings official heard all evidence, argument and complaints presented, and has fully considered the same, and has reported his or her adopted findings to the City Council. The Council has reviewed and considered the assessment report of the City Engineer and Finance Officer and the hearings affi~ cial's findings and summary of the hearing, and based thereon, THE C=TY of EUGENE DOES ORDAIN AS FOLLOWS: Section 1. The Summary of the hearing conducted by the hearings official are hereby made a part of the Council's record in these proceedings, and the hearings official's findings, including those regarding compliance with Sections 7.160 to 7.190 of the Eugene Code, 1971, attached hereto as Exhibit B and incor- posted herein by reference, are hereby adopted. Section 2. The actual cost of the local improvement compris- ing of paving, storm and sanitary sewers in Sheraton Drive from Chateau Meadow Drive is $230,407.78 of which $224,038.43 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 being within the described local imprave- went district as set forth on the assessment roll attached as Exhibit C hereto and incorporated herein by reference. ORDINANCE -~ 3 section 4. The City Council does hereby determine that each parcel of land ar lot hereinabove described is specially benef fitted .}. 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 fully without interests 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 vn .the unpaid principal amount commencing ten days after the effect 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 2f the property owner so elects, in 120 monthly install- ments.~ 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 to be 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 lots part of lot or acreage specially benefitted by the local improvement; 5.2 The name of the owner or reputed owner thereof, that the name of the owner is unknown; and ORDINANCE - 4 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 5. U on enactment of this ordinance, the City Finance p officer shall send notice of the assessments by first class to the owners of the assessed parcels containing the information required b Section 7.194 of the Eugene Code, 1971, and enclose therewith Y an a lication for paying the assessment in installments according pP to the terms set forth in Section 4 of this ordinance. Section 7.~Any assessment remaining unpaid and far which no a lication for installment payments has been received may be pP foreclosed as provided by law. The proceeds from the payment or foreclosure of assessments levied by this ordinance shall be de asited to the city funds which advanced the cost of construc- P tion en ineering and related expenses or which are used to retire r g any indebtedness incurred by the City for this improvement. Section 8, That the matters contained herein affect the ublic welfare and safety and therefore, an emergency is hereby P declared to exist, and 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 reado tion over a mayoral veto by two-thirds of all members of the P Council. Passed by the City Council this ~('~`~ day of /Un~r~vtp,EQ , 199 City corder Approved by the Mayor this "I ~da of ,~ 199 ~ ~L Mayor ORDINANCE - 5 FINDnvGS AND RECD ATI4N5 SUEJECT; PAVIl~G, STORM AND SANITARY SEWERS GN SHERATON DRIVE FRAM CHATEAU MEADG'W DRI~E,1700-FEET NORTH ~CaNTRACT ~-lb} BACKGROUND This project was initiated by a petirion from property owners. The properties petitioning for the improvements represent approximately 86~ of the assessable improvement costs to be born by the benefiting properties. Based on the petitions, the City Engineer initiated the project, as provided for in the Eugene Code 7. ~ 60~$~ on March 1, 1990. The property owners were notified of the pending focal improvement distract hearing 10 days prior to the hearing. The local improvement district was authorized on by the Council on June 25, 1990. The low bid was submitted by ~Vildish Corvallis Construction Co, for an amount of $154,902.60. PROJECT The project includes 28-foot paving, curbs, gutters, concrete sidewalks, sanitary and storm sewers, ASSESSMENT Under City of Eugene assessment policy, the majority of the improvement casts will be assessed to the abutting property owners, with the balance born by the City. The costs to be assessed are shown below; 25-foot paving $ 4D.141front foot 4" sidewalk $ 2.Ollsquare foot Sanitary sewer $ .201square foot Sanitary service $ 319.541each Storm drawn $ .lllsquare foot Costs listed below are the Engineer's estimate and preliminary costs quoted to property owners at the local improvement hearing fallowing bid opening. 28-foot paving $ 48.95/front foot 4" sidewalk $ 2.12/square foot Sanitary sewer $ .16/square foot _1_ Sanltary seNic~ Levy Storm drain R~C~ ATI~N $ 524, 411each $ 0.0251square foot $ .141square foot d The final costs are generally lower than preliminary costs quoted at the local im rovement P heanng and are comparable to typical projects of this see. The assessment distribution method for sanitary sewers was established in an attempt to create an equitable approach as well as conform to guidelines within the code. Secrion 7.175.5 describes lateral sewer assessments as being distributed on a cost per square foot for that area within a 1 fry-foot distance from the right-of-way or a lot line, whichever comes first. In the case of Camelot Mobile Home Park, there are no individual lots plated thus allowing for distribution over the entire 160-foot area. This development is serviced by a combination of private and public sewers, all of which have been constructed by the developer see Attachment "A"}. In an attempt tQ create an equitable distribution, staff reviewed two potential approaches; 1} not assessing the area within 160-feet of the public system constructed privately by the development and assessing the remaining area withua 1 ~4+-feet of the right-of-way, and 2} creating equivalent lots along the frontage to represent commonality with the other parcels being assessed in the Local Improvement District. Staff selected option one since it conformed most clasel to the .. y ex~st~ng code language. Given the unique nature of the service delivery to the area staff recommends approval by the hearings official of this approach. Additionally, a fire hydrant was installed during the project construction north of Babcock Lane. This hydrant serves only a limited area, as identified by public safety tree Attachment "B"}, thus the method of assessment has been derived based on that area of benefit. There are no clear guidelines in the code regarding assessment of this type of facility, however, staff feels this is the most equitable method of distribution. A storm sewer system was constructed as part of the improvement project to serve the area. Since the majority of the properties within the Laval, Improvement District are a result of recent subdivision activity or minor partitions and have submitted necessary irrevocable petitions or similar documents, they can be considered "new development" see Attachment "C"}. Based on the assumption, staff distributed casts to those benefiting properties see Attachment "D"}. Staff recommends approval of the assessment distribution. A public hearing regarding this project was held on actober 22,1991 at 6: 30 P. M, in the First Floor Conference Room of City Hall II. Hearings Official Jack A. Billings presided. A copy of Minutes taken from the meeting are attached to these Findings as Exhibit "1". It appears from the information obtained at the public hearing, that the only objection to the _2_ assessment process has been presented by Mr, Pat Langan; who is also a member of the Public Works Staff. Mr. Langan essentially had three complaints; ~1} that he was not provided information in a timely fashion; ~2} that he is being unfairly assessed for a fire hydrant and {3} that the City should not have reduced the assessment to the mobile home park for the lateral sewer assessment as has been proposed by Staff. Regarding the issue of provision of information, the Memorandum of Mr. Larsen suggests that appropriate documentation was made available to Mr, Langan in a reasonably timely fashion. Eugene Code 7.2G~ provides that no local improvement assessment is invalid by reason of the failure to provide all required information or any other delay, omission or irregularity. Certainly it does not appear to have been any intention on the part of City Staff to deprive Mr. Langan of that which he requested, Therefore, the Hearings Official does not find that Mr. Langan was denied information. There is no doubt that he was disappointed about his perception of lack of responsiveness by City Staff, and that this is unfortunate in light of future working relationships. However, the situation would not invalidate the assessment process. There was considerable debate during the public hearing and in the memoranda provided to the .Hearings Official regarding the area benefitted by the fire hydrant. As noted in the Minutes, there is a f~foot high fence running the entire length of Sheraton Drive which buffers the mobile home park from that street. It is the finding of the Hearings Official that the placement of the hydrant was made with the concurrence and advice of the fire marshall and EWEB personnel. The Memorandum of Mr, Lyle points out that an additional hydrant will be required south of Babcock Lane and that property owners south of Babcock will be required to pay for that hydrant, Therefore, it is the finding of the Hearings Official that it is reasonable to assess only the west side of Sheraton Drive for the fire hydrant improvement. The fence which borders the east side of Sheraton Drive would be a substantial impediment to the availability of this fire hydrant for use in the mobile home park. There is already an adequate fire hydrant system available in the mobile home park itself. While it is possible that lines might run to this fire hydrant if there was a major conflagration within the mobile home park, that would be a highly unusual occurrence. The Memorandum from Mr. Lyle reveals that there was a calculation error in the approximate amount of $210 for the cost distribution for the hydrant, This will result in a small amount of reduction for those properties which have been assessed for the hydrant. Property owners will be informed of the net reduction. It is the recommendation of the Hearings official that the ordinance prepared by Staff reflect that reduction. Mr. Langan also indicates in one of his memoranda belief that there is a double credit to the developers of the mobile home park which has had the effect of raising the assessment for lateral sewer for other property owners from $.16 to $.20 per square foot. Upon reviewing the original Memorandum of the City Engineer, as supplemented by his Memorandum of October 27, 1991, and upon reviewing the memoranda of Mr. Langan, it is -3- the finding of the Hearings official that the assessment process recommended by Staff is the most equitable way to resolve the distribution of cost in this area. The mobile home park presents a unique situation in which a .large, intensively developed area with its own ' ~ ternally .. ~ . constructed and financed sewer system is unmed~ately adjacent to the lateral sewer canstructton. As noted by City Staff, either of a couple of ways to consider assessment of such property result in essentially the same assessment figures, Therefore, the Hearings official finds that the assessment distribution process recommended by Staff is not inconsistent with Eugene Code and is an equitable way to distribute the cost of this improvement. Therefore, it is the finding of the Hearings ~fficia~l that the assessments proposed by City Staff are the mast equitable way to distribute casts of this project. It is the finding of the Hearings official that these assessments are distributed in accordance with Eugene Code. Therefore, the Hearings Official recommends that the City Council adopt an ordinance assessing property owners as set forth herein. Respectfully submitted, J~~ Jack A. Billings Hearings Official -4- E~H~BIT a =- aS.SESSMENT'L~OF~KSH~ET % interest on this assessment In the City of Eugene, Lane County, Oregon, an ordinance levying assessments #or: will begin PAVING, STORM AND SANITARY SEWER ON SHERATON DRIVE FROM CHATEAU MEADOW DRIVE, 1700-FEET NORTH ~EI~ ~. Amount paid to Contractor: Contract # 90` 16 $ . 15~ z67,9 ~ 6$____ _ Job # 2411 Cap Proj. # .- 905354 ~ ~ Ordinance # ITEM 2. Liquidated damages: ~ $ ITEM 3. Oiher direct costs: Due back *Ceordr # Date Descri Lion to Fund: ~L0~7,5~ ~ __ 1?~1~0 _ ~. EWEB F~~rQ~ Hy~r~t_.. ... ..~~1__- ~ -1.~03~i. ~1_.~_ 91--15423 11/9Q PSI/PTL Test~n 351 $ 2 5 ` 90 30155 - 6 9D Gaui t RO~f~.Appra~ ~ s. 351 --- ~ . , _1,Z 0 91-07866 , 9Lo ROW - Purchase 351 $ _ 11.31. D7 ,..,...,,.,~ ~1-2486., _, 3/,91 ROW ~ Purchase $ Latera~ sewer equivalent of trunk sewer $ ~ ITEM 4. Subtotal: Items ~ through 3 ~ $ .171 9n.5.-71 , ~, ITEM 5. Basis for 5°/° Finance Administration fee calculation. Subtotal -~ Item 4: = $ 171, 905.77 Total nat subject to 5°/° Finance Fee Item ~3c} ~- $ _ r.~ 229 . ~6 ~ ITEM ~a. Finance r,~sts subject to 5°~° fee: $ ~ 71, fi76.O1 ITEM fi. Engineering charge - 2~ °/° of item 4: ~ $ 36 ,100.21 ITEM 7. 5°/a Finance Administrative fee ~5% X item 5a}: $ 8.} 5$3 • ~0 .. ~ TEM 8. Interest on short term cansiructian financing: ~ $ 13 , 818.00 ITEM 9. Other charges: $ . $ ITEM 1 Q. Due to sewer f and far 2-~ 12 cent levy: ~ $ ITEM 1 ~. MV~MC Facil~y Equalization Fee $ ITEM 12. TOTAL ASSESSMENT per ordinance $ 230. 407.7$ ITEM ~3. City's share of cast for completed contract Work ACK Direct Costs Eng. Fee Interest Total ~a} C b ) 33 3 3 c} ~d} fie} ~ ~ ~ ~f} ~ ur s 2-93 -6189 -905364 $ 6 .30 $ 14.55 $ 3.1~ $ 86.9 7~ qty finance os $ $ $ $ - - - 0 ~ $ $ 6 , 081. DO $ 6 , 081.04_ 332-9332-61893-905364 ~ 160.46 $ 33.70 $ 7.22 ~ 201.38 $ ~$ $ ~ Total: Not subject to 5% Finance Fee $ 229.76 $_ _,48.25 $ b 091.3- .$ b 3fi9.35 *ceorder # ITEM 14. Intersections - subject to 5% Finance Fee $ $ ITEM ~ 5. Deferred Assessments included in Item ~ 2. Eugene Code 7.~ 97}. ~4dvanced f ram Fund , A~IE # ITEM ~ fi. Casts not lienable included in Item ~2 -funded by City accounts. 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N ~ m . to ~ ..~ w v N r+ w w ~ `~ v v .~ ~ 1 I r ~ ~ i `'' i ~ ~ ~ N fu N ~ ~ .r r r . w ~ 1 I 1 I ~ ~ ~ ~ ~ ~ ~ ~ 4 ~ ~ I I i ~ ~ ~ a v a w ~ ~ o v o ~ :. ~ ~ ~ ~ ~ ~ ~ . . . ~ ~ ~n vrn ~~ m -~ . ~ ~ o~ I ~ r-~ -~ v ~b ~ ~ -~ ~ mm ~ • n Nr m Qr ~ r ~~ ~ v •~~r r ~o D t7mD cn A ~' ~ n ~o n rn x+ z cn -~ -~ ~. ~~ rxv=tmm~r m ~ ~~ r~7oA+-~p~mm~ r.. , mzorn rnm{n -c~zxrn~~-r-tr ', • i ~ i • • ,. j ~ • ~ . ~. • f i r i ~• • •; • .. i • .. • • i i j r ~ ~ '~ • j ~ '. I . i ~ } i '~ N r W W N VI OI ~~ WO` Rt .A r.l N r ~ ~ 1-+ n ~ D+ •C N C7 to ~ ooo.oa-~~v~o~ ~~ aoa~o~~~coa+n n ~"'~ y~ Y r m 00 ~, ~, om z~ 0 m z rn vn ~m ~~ rn -n i ~J ~~ FINDINGS AND RECD ~ ATIONS SUBJECT: PAVING, STORM AND SANITARY SEWERS ON SHERATON DRIVE FROM CHATEAU MEADOW DRIVE,1740-FEET NORTH CONTRACT 9(i-16~ BACKGROUND This project was initiated by a petition from property owners. The properties petitioning for the improvements represent approximately S6% of the assessable improvement costs to be barn by the benefiting proper~.es. Based on the peti~.ons, the City Engineer initiated the project, as provided for in the Eugene Code 7.1605} on March 1, 1990. The property owners were notified of the pending focal improvement district hearing lU days prior to the hearing. The local improvement district was authorized on by the Council on June 25, 1990. The low bid was submitted b wildish . y Corvallis Construc~.on Co, for an amount of $154, 9U2.60. PROJECT The project includes ~8-foot paving, curbs, gutters, concrete sidewalks, sanitary and storm sewers. ASSESSMENT Under City of Eugene assessment policy, the majority of the improvement costs will be assessed to the abutting property owners, with the balance born by the City. The costs to be assessed are shown below: 28-foot paving $ 44.141front foot 4" sidewalk $ 2.411square foot Sanitary sewer $ ,Zalsquare foot Sanitary service $ 319.541each Storm drain $ .lllsquare foot Costs listed below are the Engineer's estimate and preliminary costs quoted to property owners at the local improvement hearing following bid opening. 25-foot paving $ 45.951front foot 4" sidewalk $ 2.12lsquare foot Sanitary sewer $ ,16lsquare foot _1_ Sanitary service Levy Sturm drain RECGMIVIENDATIQN $ 524.41/each $ 0.025/square foot $ .14/square foot The final costs are generally lower than preliminary costs quoted at the local improvement hearing and are comparable to typical projects of this s%ze, The assessment distribution method for sanitary sewers was established in an attempt to create an equitable approach as well as conform to guidelines within the code. Section 7.175.5 describes lateral sewer assessments as being distributed on a cost per square foot for that area within a 16~-foot distance fromtheright-of way or a tat line, whichever comes first. In the case of Camelot Mobile Home Park, there are no individual lots plated thus allowing for distribution over the entire 16~-foot area, This development is serviced by a combination of private and public sewers, all of which have been constructed by the developer see Attachment "A"} , In an attempt to create an equitable distribu~an, staff reviewed two potential approaches; 1} not assessing the area within 1G0-feet of the public system constructed privately by the development and assessing the remaining area within 16a-feet of the right of-way, and 2} creating equivalent lots along the frontage to represent commonality with the other parcels being assessed in the Local Improvement District. Staff selected option one since it conformed most closely to the existing code language. Given the unique nature of the service delivery to the area staff recommends approval by the hearings official of this approach. Additionally, a fire hydrant was installed during the project construction north of Babcock Lane. This hydrant serves only a limited area, as identil~.ed by public safety see Attachment "B "}, thus the method of assessment has been derived based on that area of benefit. There are no clear guidelines in the code regarding assessment of this type of facility, however, staff feels this is the most equitable method of distribution, A storm sewer system was constructed as part of the improvement project to serve the area. Since the majority of the proper~.es within the Local. Improvement District are a result of recent subdivision ac~.vity or minor parti~ons and have submitted necessary irrevocable petitions or similar documents, they can be considered "new development" see Attachment "C"~, Based on the assumption, staff distributed costs to those benefiting properties (see Attachment "D"}, Staff recommends approval of the assessment distribution. A public hearing regarding this project was held on October 22,1991 at 6:3~ P.M, in the First Floor Conference Room of City Hall II. Hearings Official Tack A. Billings presided. A co .. Py of Minutes taken from the mee~ng are attached to these Findings as Exhibit "1". It appears from the information obtained. at the public hearing, that the only objec~.on to the -2_ ~. assessment process has been presented by Mr. Pat Langan; who is also a member of the Public Works Staff. Mr. Langan essen~.ally had three complaints: (1} that he was not provided information in a timely fashion; ~2} that he is being unfairly assessed for a fire hydrant; and ~3} that the City should not have reduced the assessment to the mobile home park for the lateral sewer assessment as has been promised by Staff. Regarding the issue of provision of informa~on, the Memorandum of Mr, Larsen suggests that appropriate documentation was made available to Mr. Langan in a reasonably timely fashion. Eugene Code 7, 260 provides that na local. improvement assessment is invalid by reason of the failure to provide all required information or any other delay, omission or irregularity. Certainly it does not appear to have been any intention on the part of City Staff to deprive Mr. Langan of that which he requested. Therefore, the Hearings Official does not find that Mr. Langan was denied informa~.on. There is no doubt that he was disappointed about his percep~.on of lack of responsiveness by City Staff, and that this is unfortunate in light of future working relationships, However, the situa~on would not invalidate the assessment process. There was considerable debate during the public hearing and in the memoranda provided to the Hearings ~ff~cial regarding the area benefitted by the f re hydrant. As noted in the Minutes, there is a G-foot high fence running the entire length of Sheraton Drive which buffers the mobile home park from that street. It is the finding of the Hearings Official that the placement of the hydrant was made with the concurrence and advice of the fire marshall and EWER personnel. The Memorandum of Mr. Lyle paints out that an additional hydrant will. be required south of Babcock Lane and that property owners south of Babcock will be required to pay for that hydrant. Therefore, it is the finding of the Hearings afl~.cia1 that it is reasonable tv assess only the west side of Sheraton Drive for the fire hydrant improvement. The fence which borders the east side of Sheraton Drive would be a substantial impediment to the availability of this fire hydrant for use in the mobile home park. There is already an adequate fire hydrant system available in the mobile home park itself, While it is possible that lines might run to this fire hydrant if there was a major conflagration within the mobile home park, that would be a highly unusual occurrence, The Memorandum from Mr. Lyle reveals that there was a calculation error in the approximate amount of $210 for the cost distribu~.on for the hydrant. This will result in a small amount of reduction for those properties which have been assessed for the hydrant. Property owners will be informed of doe net reduction, It is the recommendation of the Hearings official that the ordinance prepared by Staff reflect that reduction. Mr. Langan also indicates in one of his memoranda belief that there is a double credit to the developers of the mobile home park which has had the effect of raising the assessment for lateral sewer for other property owners from $.16 to $,20 per square foot. Upon reviewing the original Memorandum of the City Engineer, as supplemented by his Memorandum of Dctober 27, 1991, and upon reviewing the memoranda of Mr, Langan, it is -3- the fm.ding of the Hearings Official that the assessment process recommended by Staff is the most equitable way to resolve the distribution of cost in this area. The mobile home park presents a unique situation in which a large, intensively developed area with its own internally constructed and. financed sewer system is immediately adjacent to the lateral sewer construction. As noted by City Staff, either of a couple of ways to consider assessment of such property result in essentially the same assessment figures. Therefore, the Hearings Official finds that the assessment distribu~.on process recommended by Staff is not inconsistent with Eugene Code and is an equitable way to distribute the cost of this improvement. Therefore, it is the finding of the He~ari.ngs Of~.cial that the assessments proposed by City Staff are the most equitable way to distribute costs of this project. It is the finding of the Hearings Official that these assessments are distributed in accordance with Eugene Code. Therefore, the Hearings Official recommends that the City Council adopt an ordinance assessing property owners as set forth herein. Respectfully submitted, lack A. Billings Hearings Official -4- PUBLIC HEARIlITG SUBJECT: PAYING, STGRM AND SANITARY SE'~~ERS GN SHERATON DRIVE FRGIVI CHATEAU MEADQV~'' DRiVE,174a-FEET NaRTH ~CUNTRACT 94-16 This project was ini~ated by a petition from property owners. The properties petitioning for the improvements represent approximately $6% of the assessable improvement costs to be borne by the benefitting properties. A public hearing regarding the assessments for this project was held on October 22,1991 at 6:30 P,M, in the First Floor Conference Room of Ci Hall . .. ~ II. Hearings Official ,Tack A. B~lhngs presided, Staff was represented by Les Lyle, City Engineer and Tam Larsen and Paul Klope. The Hearings Official opened the public hearing by describing the role of the Hearings Official and the purpose of the public hearing, He then called upon Mr. Lyle to describe the project. Mr. Lyle stated that the project had been initiated for the purposes of developing paving, storm and sanitary sewers on Sheraton Drive. That included a 2S-foot wide street improvement, sanitary and storm sewers and the installation of sanitary services. The construction was completed by Wildish Corvallis Construction Ca, He stated that the costs to be distributed are as follows: 28-foot paving $ 40.141front foot 4" sidewalk $ 2. ~ l lsquare foot Sanitary sewer $ .ZOlsquare foot Sanitary service $ 319.541each Storm drain $ .lllsquare foot He stated that the actual casts turned out to be less than the preliminary estimates. He further stated that because of the par~cular configuration of the area, Staff needed to make a decision on an equitable approach for the assessment of the lateral sewer casts, He noted that the mobile home development had already constructed its own internal sewers stem. . Y He stated that literally construed, it would be possible under the Eugene Code to take a 160-foot swath on either side of Sheraton Drive. However, Staff concluded because of the construction of the private sewer system by the mobile home park that such an approach would not be equitable. At the request of the Hearings Official, Mr. Lyle drew a diagram of the area for the assistance of the public participants. After review of the situation, Staff determined that it would be more equitable to deduct from the area which would be 160-feet east of Sheraton Drive portions on the north and south which are 160-feet from the two sewer lines constructed b the Y -1- PAGE ~!.nF3.... mobile home park. He said Staff looked at another method of distrbu~on which would have been to create equivalent lots along the frontage to represent commonality with other parcels being assessed in the Local Improvement District, That approach would have resulted in almost exactly the same costs. He said Staff recommends that option number one be approved. He noted that there is also an assessment for some of the properties for a fire hydrant. This was installed during the project north of Babcock Lane. In the opinion of Staff this serves only a limited area and has been assessed as a separate amount to those properties which are deemed served by the fire hydrant. He also described the service lines from the lateral sewer to the individual proper~es. Also, he noted that there have been storm drains installed and staff have used the same area for distribution of casts as with the lateral sewer. The storm drain generated a cost of $.lllper square foot. He further observed that there had been a memorandum from the City Attorney which makes reference to new developments, concerning the assessments for storm sewers. He noted that the vast majority of properties adjacent to Sheraton Drive are new construction. He then recommended that the assessments for the project be as set forth in a memorandum which had been provided to the Hearings official. The Hearings Official then opened the meeting for public comment. The first speaker was Patricia Babcock, one of the developers of the mobile home park. She indicated that she had no problems with the proposed assessments and commended Staff for their work. The next speaker was Mary Kay Lomax. She also had no problems with the assessment process. She also wanted to know about the opportunities for deferred payment. Mr. Lyle responded that the finance department will be sending forms concerning that. The next speaker was Hugh McClelland. He wanted to know whether these amounts should have been paid by the seller of his property. Mr. Lyle responded that the amounts could not be paid until the assessment is complete. However, Mr. Lyle advised that Mr. McClelland should have been informed by his seller concerning these possible assessments. The last speaker was Pat Langan, who is a member of the Public Works Department. Mr. Langan was upset that he wasn't getting information that he felt he was entitled to. He observed that he was the primary author of the original assessment policy. He said that information he had requested was not made available until just before the hearing. He advised that he doesn't understand the process used. His primary concern was directed to the fire hydrant which is very close to his property. There was general. discussion back and forth between Mr. Langan and Tom Larsen. Mr. Latagan's point was that the assessment for the fire hydrant was being limited to the west side -~- EXf11BiT_.,,' ., PAGE ?- OF3 of Sheraton Drive, when past practice would have distributed costs to both sides of the street. Mr, Larsen responded generally that because of the 6-foot fence which is essentially without opening, which runs along the east side of Sheraton Drive as a shield against the mobile home park, and because the mobile home park is served by its own internal fire hydrant system, it was deemed more appropriate not to assess the mobile home park for the fire hydrant. Mr. Langan pointed out that in the recent fire in Oakland, and in other general circumstances, the fire department would make use of any available fire hydrant to serve a blaze. However, Mr. Larsen maintained that the physical barrier represented by the fence, which runs for several hundred feet, makes assessment on the east side of Sheraton Drive inequitable. Mr. Langan also complained that the fire hydrant should have been placed further north. Mr. Larsen responded that the fire hydrant was placed in conjunction with advice from the fire marshall and EWEB. The Hearings Official advised that he would keep the public record open through October 25,1991 as a means to obtain additional information on these issues. Attached to these Minutes as Exhibit "A" is a Memorandum received by the Hearings Official from Tom Larsen, which describes the process by which information was provided to Mr. Langan. Attached as Exhibit "B" are further communica~.ons from Mr. Langan, outlining his position. Finally, attached as Exhibit "C" is a Memorandum from Les Lyle, City Engineer, which responds directl to Mr, y Langan s memoranda. There being no further information to~ be provided at the hearing, it was adjourned. Respectfully submitted, Tack A. Billings Hearings Official _~.. EXNIBIT...'._. PAGE 3 QF, ;. MEMO TO Jack Billings FROM Tom Larsen G~, DATE October 24, 1991 PROJECT Sheraton Drive Project # 2411 SUBJECT INFORMATION GIVEN TO PAT LANGAN On.October 15th, while Paul I~lope and 1 were out of town, Pat Langan made a written request for copies of the Engineers Order Establishing the District, the assessment spread sheets, and fiche assessment map. On~October 15th, Wa ne Westfall actin as m b c y s g y a kup, gave Pat copies of every thing he requested. Wayne warned Pat that the assessment spread sheets may not have been the latest version. When I returned to work on October 21 I saw a photocopy of Pat's re nest and q made copies of the information requested. I gave those tv Pat either Monda Y afternoon or"~`uesday morning when~he walked by my office. At that time he requested a copy of the original hearing map. The spread sheets I gave Pat were the latest version and differed from the ones Wayne gave Pat by approximately $331 of street cost proration. At the public hearing, Pat informed us of his inability to read portions of the spread sheet he received. The original spread sheet I used had been folded and the ualit of the q Y photocopy was very poor. On Thursday morning, October 24, I ran anew original spread sheet and gave Pat a photocopy of it. He said he was satisfied with it's quality. 1 gave Pat a copy of the original Public Nearing Map on Wednesda mornin when he came b m desk. He '~ Y .g Y Y had prev~ous1y asked fora copy of the City Engineer s Memo to the Hearing Official. I had repeatedly promised to five him one as g soon as Tt was finished. Ne checked with me several times throughout the da on Wednesda and I ke t tellin y Y p g him the memo was not yet finished. He left work about 4:30 after checking with me. 1 still had not seen the memo in final form. About 4:45 1 checked with Lynn Brogden, in su ort staff who said pp, the memo had been finished a short time previously. She said Pat Lan an had received a ca on his wa g py y out and proceeded to give me my copy. EXHI81t PAGE! 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I~ R :~i~',e~}~ ~/~-ss Ess-~ ~~ a~„ 3Ec~~`sc= tfC ~~v~72 ~~I~~ /~ ~q-nr~ /~`~ ff~YS 3E~c~ ~- j~L~~ k~lvzvGED~ ~~ c,~/-~v /~ ~v~ N~rr~,~ ~~~~~c a- ~~ ~ 5 mss ~~`~z`~ ~~ }~o~ l Y ~ 1~i~5 ~e ~~ ASS ~s 5 ~~ i~~ y,,5~~'' ~'~:5~", fa '~...~ G .' ,, ~ ....~ ~~ ~ d ~i G~4 ~../ ~/..~ ~t1 Q~ i ~ ~ .~ ~~~~ ~~ v~ ~ ~ ~ ~C ~ y ~ ~ ~~ ~~ ~ i ~~ t fJ --- t ~~ ~ ~ ~~ G~/,~ ~ ri ~ ~ a/~G ~~~ ,~ ~ e s- I ~ ~~~ i 1 [r/ a. , T ~ ~ 1 I .; .~ i a.r C7.5 ~ ~ ~~~~ -- p ~ G G ~ ~ ~, ~'~°~~ ~. ~/ ~J ~V ~I {J~/f t // i i i s z ;; ~~ "" ~ r 3 i/6J ~ ~,. r J # V ~~~ ~/ ~/ + ~ i ?j i ((( e rr • ! ~/ ~ 1~ ~~ ~ E ~ ........ 3: '// /f! /~ ~ ~ /_~ / //~~r y '~ L! ~~//- '"fir / V ("!' ~ ~w/~/ ~ ~ J~~jJ~ f ~ V ~ L.f v Y4^ p ~ ~ r 3 f ~ ~ ` ' .. 4 f f ~ .+ +r. E ~~ f ~f ,` / .F { E T - . 3 ~ f a~ ~~~~ i E f ~' Y. ~ ~ r ~~ ~~ i ~(~ ~G ~? ~ ~ ~~ ~ .. ~ .. d III ` r i ~ i E Al s ~~J € ` ..... .. ~ ~ I - {' i. ~ E ~~ ., .. ~` ~ ~~~~~" ~ . .. e ' ' 3 ~~ ~ ~ .~ R . ~ ~.~~~ ~ ~~ ~~~ ~4 1 i j ~ _ ~~ ~~ ~ ~ / ~ r ~ ~ j :~ ff i 3 ~~ ~~~ ,: r ~.. ~, . . ,. ~~ f ~ ``" ~ 1 i i j' Y ~~ { v L'~ ~~ P i E i ~~ ~~ ~ 3 ~~ 09.E ~ ~ ~ f E .~ ~ ~ ~~ ~ ~ ~~~ ~ ~ ~ ~~` °' ~. j 1 C.- r~ C ~' ~ ~ ~ ~ f s,~ ~ c G~ ~' ~~ /~'~y rye- 3 } Lw~ .... ,~ ~' ~ ~ ' . ~q ~~~ } ~~~~ I ~ ~ S ~ ~~ r. 5 "" ~ , i g.. F t y i f E ~.. f i . ~ ~ y ~ ~ ~ ~ ~ ~ ~~~ --- ~,... ~~ ., f y j ~ .. B, "Direct" Paving items Qn paving of a street, some items are not considered a general benefit to the pa_ v7 ng, but benefi t a speci fi c parcel of 1 and. The fa7 ~ owing ~ mpravements are cons Jere to ene ~ t one parcel of ]and only and shout d be assessed directly to that parcel ; ~ . Private Drive~rays When the o~~ner of a property has applied for and has constructed hi s driveway to street grades designed by the City, no adjustment to hi s drive should be required. When the proposed street grade i s changed by the C~ ty and the dri ve w~ l l not match the new grades, then the drive adjustment cost i s paid by the City. All drives not construc- ted to City established grades are recon strutted as required, and the of fected property i s assessea directly for the asphal t or concrete replacement. Crushed rack and grading are "prorated". ~ . Sanitary Sewer Service Lines Service 1 i nes extended or instal 1 ed fram a trunk or 1 ateral 1 i ne to a poi nt behind the curb 4 or sidewalk } are assessable to the benefi tti ng properties. Service 1 i nes previ ausly constructed i n accordance with City Code and rel ai d due to a change of the street grade, or because of storm sewer construction or far nearly any other reason are usually paid for by the City. 3. Storrs Sewers and valley Gutters A storm sewer constructed exclusively for the immediate or future use of a sped fit property wi 11 be assessed directly to that property. Extra cost beyond the normal Lost of curb and gutter across a dri veway ~ for vat 1 ey gutters ar curb returns constructed for ri vate dr~vewa s will be as p. y sessed directly to the benef~tt7ng properties. C. Sidewalks l . Sidewalks are assessed per front-foot the same as streets, The Ci t y - pays for the new work within ' ~ ntersect~ons, as an pave ng projects, ..and also pays far any extra ~rark necessary for the construction of wheel chair ramps. All excavation and er~bankment costs are assessed to the p~rv ject with the City paying for the intersection orti on. p Extra thickness for dri ves and drive approaches ~s assessed to the benefi tti ng property. l f a retai ni ng wall i s required for the canstruct~ on of the walk, the cost o t e wal 1 ? s assessed to the adjacent property. ~ ~. Sidewalks i n residentially zoned areas are assessed simi 1 ar to s paving assessments, for a mi nimum of 6D front fe et for all abutting . 1 ots with 1 ess than 60 feet of street frontage. ~ 1 ~~ -T~ ~ ~~, z 4, ~ ~ ~ ~ OCT 2 5 ~Qq1 ~~r. ;~ . ~~ ~~ f2 ~ , ~i?y off' ~~G ~'.~' C i~ SAS M ~ 7" /~ S1,/~i~ ~v ~ l~i~/ t/~`. ~; ~~ ~~ ~; R ~~ ~~ ~~ S ~~ ~ f a ~ ~ ~ /r..~= l/~~ ~ Tyr S ~~r~ ~ /~~ ~ ~ ~° ?~ :~ r g ~~~ ~~~ E i }~ / ~ ~ /~ C7 ~~ ~~ ~~ ~ l ~; t ~` ~` ~ S t t ~• a i ~ •~&. ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~5 D ~ ~ ~ S ~ G9~G~ ~~ ~ ~ ~ ~ ~ ~ ~~ p r i s i ~~ ~ 5/~~'~~~"~Ca~t X12. l G ~,~~e ~ ~ ~ ~ ~ ~ ~ ~, 3?~~ r ~/ ¢ I( II f f-~ r i ~_ ~ ;~ q § IS .~ _~ ~~ ~ ~ ~ ~ ~ ~ ~- ~~ ~~ _ ~ ~ , ~ r ~6 . ,. ~ , _ ~- ~ F ~, ~~ _ /~~y~ ~ ,. ~ / / o ~a ~ ~ ?O c.1~ ~ E I/v c~ ~ ~ 1 SO'T' ~~ 4 S ~ /~ C~~l ~~ l ~O s f G~i ~~ o ~~ So nr Er ~~-~.~ S ~~ ~~ R c ~ m s ~"r~ «~ ~ l~v~~ ~C~ Apo -7~ Cos !J~ ~.~1<5 ~igs~' ~t~e~Z~ ~~ 4 `7~O t~va ~ ~r-~. S ~ ~ 6~j- r~- D ~f~ Co.u ~~~~Z~ w~ ~~- /~ii~° -, L~°~~' T~`g~ his ~t~~~~~ ~v~-s ~a .: ~'~,~ ~ f ~~E, y~~ ~ ~ ~.c,~ ~ ~~ won ~~ ~ f ~c~if~ yY/ ~-~2. T ~ ~1 !3 Uv~ ~"~1~- p- ~ ~' ~ 1~ ~9- c~. m ~ >h` E /C~~~ L, ~ , r- 7~ Pte. f ~rz~~ a ~,- ~., ~~,~~ . ~~~ ~v ~ ~- ~~. ~G~>9/ ~ G '~ £, ~ ~v~2~ ~~-~~ 7~-~ Loess-~, 1~-P~uv~'~~~t~ ~~s/~~c~, ,~ s. f YES ~s~ -~ / ~ ~ ~S ~t1o7C ' r d ~ C-G~-~ ~'~ ~ ~~, r~ Lam= ~ /e`~ /~-S S~"~'SS ~~ N ~ y ~ G~~ ?`~l~S fSS ~ , ~~~E'-G-~ /1?l~~iL~.G ~~~~' ~~~l,~l o t~{, f_. "" ~:. ~9 ~r ~; ai s~ D s y i I ~r 5~ fff !!! ~' ~~ ~_`, i i Q i1" i~ €~ J 1'~'~ i2 ~~GU~ ~ ~ G ~-v ~ r~ v F r~ cam" ~. ~ t~ t~ e9 it S ~'~~ ~ /l Gr lf~f~,~ /~- ~,, • %~! 5 ~ E'~~ CGS o ~C ~~Ll/ f S 7~, 7~5 ° ~ 7-hF ~ ~'~ 2 ~° ~j't3'c. r~- 7" w ~ c,~ (,~ G Ti ~ r~-TG~Gy ,~ ~1~~~`~~ 7' Y~- G L ?/y'E~ lJ~~1 ~j2 ~ ~,~ d~ ~/ ~~l-L~ PnL ~v~~~ ~C~ Y/ D% l t/~ ~~ o ~ ~i~ o ~" /3' ~ ~=v -~ " ~ 5 ~j'~,P,e ~~ - / T CGS C> e ~~~ ~ ~~ ~~~ G ~f~r~ ~i~.~~' ~~2E ~y~~~~~~ Win. ~..r~~ ~~ ~~'~P~~r~G~~~ 1~~i ~'~ ~X ~~ott-~°t t~~~" ~~L~ o~ 7ffs~j /L~t/~~L~'ria T, /~ ~Lrb~%~S C/L-~~GG~ GL~l~.vjj~~ ~~~G~/'~s~~~"~~.c..~ /~ ~I~~~"~ ~cv~3 ~S Gf~~4-2~~ 1~~C7 lwic~ ~~ ~i is ~%~/~ 7' .. t s per- r ~ ~~, ~~ ~3, ~ ~7 ~~ f~~ ~ ~5~ ~ ~eQ~ dam' ~i/ ~-~'E~ L.~ vim' E" ~ ~n c~ ~ G~~r ~ ~~ ~-e ~e~' ~~ ~ 7C~ ~, } ! MEMa TO Paul Klope FROM Tom Earser~~~ DATE April 23,1991 PROJECT Sheraton Drive #24II SUBJECT History of water line and fire hydrant installation I spoke tv Gary Jackson of EWEB on April 23 199I. He • EWEB used far ~ ~ ~ explained the process bu~ld~ng and f~nanc~ng the water main extension north Street on Sheraton Drive, of. Babcock Camelot Mobile Home Park paid his payin one half of the main extension c ~ ~ ~ g~. . harge for Sheraton Drive. Since EWEB ~s recelv~n these payments, they could afford to a for t g own ~ p,y he extension. The property ers on the west side of Sheraton Drive will all be char ed ' extension char a the main g at the time the ~ g y connect. The main extension charge ~s currently $ 9.46 per front foot. This ~s the close a uival loin a subdivisio g ent of the cost of g n water system ~nclud~ng fire hydrants. while the calculation of the extension charge doesn't s ecific ~ Brant ~ p ally include fire y s, the total price works out about the same. SUMMARY while the documentation is weak, there is truth to buildin - ~ the statements about the g permit,for Pat Langan's house being issued rematurel and t ' Marshal l re u~ r~ n a aved ~ p . y he F~ re g g p .access and an add~tlonal fire hydrant to serve Pat's house. There is na historic or policy basis for the Ci h dram. ty or EWEB paying for the y While the current benefit of the hydrant is rinci will ultim ~ P pally to Pat, the hydrant ately benefit all the owners frontin on Sheraton Dr' Babcock. g eve, north of ., There is no evidence that I directed EWEB to inst al 1 the hydrant at C1 ty expense. ~, ~' ~.ur gar ~1 ~.u:~a (~'7~~ U8f au~rc tA~~u rl~riLll.+ r4ka~Ll1~ ~i~ Ul1~i~1Vi,~iiLL11V~~ I~IJ~JUJ.~UI~L MEM~RAN~bM ~ArA~-pA1.~.1~--__ n.n..~~.ir.rr... ~0/~7/g1 TQ: Jack fillings FRAM: Les Lyl e SURdECT: ~heratnn Drive -Res arse to ro ert owner issues This memo is in response to the correspondence recei~red from Richard lan an, X134 Shera g tan Drive on Uctober ~5, 1g9~. Fire Hydrant Assessr~ent Staff disagree with the assertion that the fire hydrant benefits the entire l.~D. As Hated an Page 3 of Mr.l.angan's letter, he recognizes that the area north of Babcock Lane may be an appropriate boundary far the hydrant assess- ment. At the hearing it was clearly pointed out by staff that, in the fu- ture, an add~t~onal hydrant ~s going to be required south of Babcock Lane to serge that area. Rroperty owners south Qf Babcock will be expected to pay for that hydrant thus supporting limiting this assessment to the area north oi= Babcock, staff, i n its deb i berati ans regarding the assessment of this foci ~ i ty, did confer with public safety in an attempt to determine an equitable distribu- t~on of oasts, It was determined that the service area far the hydrant was a iagical way to distribute the casts ~i.nce the municipal Cade does Hat address the method of assessment far such a foci 1 i ty. Since Camelot Mabi l e home ark had al read i nst e ~ ~ R y al ~ d al 1 requ~ red hydrants to serve ~ is area, i t was not inaiuded in the cast distribution. Upon review of the final cast. distribution far the hydrants, it was found that a calculation error was made i n the amount of approximately $~~p. Since redistribution of the assts would have increased same of the praperti es as- sessment a smal 1 amount and required notification ~certi f i ed mai l ~ and an additional the hearing with findings and recommendations, staff recommend that the City,City pick up the $~~0 cost. The property owners assessed far the hydrant will be informed of the net reduction in their casts. The aver- al 1 cast to redistribute, notify, conduct a heari ng and prepare re arts wain d far exceed the X10 ca t P ~ s thus making this a cast effective alternative. Staff does not agree with ~1r, langan's assertions, however, since the intent of the hearing was to discuss method of assessment, I will Hat address the bulk of his points . Staff recommends the hearings official approve the a - roach as outlined above and as o t ' ~ p u ~~ned ~n th+~ prev~aus memo to the hearings aff~c~a~. Sanitary Sewer ~ssessmerit the full ~~~-foot method, used to prepare rel iminar estim to hearin ~ P Y , a ~ for the LID g, was equ ~ tabl a g~ ven the method of ser~v~ ce del ~ very. Staff ex 1 ored twa other methods that resulted i n i de R nt i cal areas of assessment but 1 ess than that previously calculated, The equivalent 1 of method i s a reca ni method that has b ~ g zed een used ~n the past and cQnf~rmed the preferred method outlined in the memo to you. rrregardless of which method is used t e - sul is are t h re he same. The cast of the improvement did not go up, however, the method of rise ssmet~t resulted in a mare equitable distribution, As evidenced in the he ri one ro ert owner h ~ n9, only p .p Y as indicated a concern with the method; throe others whore ~n attendance. dal cal at i an errors Mr. Langan referred to one other calculation error re ardin the me distr7butin ~ 9 thad Qf g right-of-way costs. Staff have reviewed the claim end find the method used ~s cans ~ that intent with past pract~Ce. Mr, Langan may disa ree with the method, however, the method has be 9 en used cans stently aver the past several years where right-af-way has been secured for an assessment a' pr sect, As to the claim that the EWER overbilled far the hydrant staff' the b i 7 l i n ~ have rev ~ awed g and have found the b~ ~ i i ng far the hydrant to be cansi stent with current EWEB po~iCy, There was no double billing; in these settin s h drants are bi 1 i ed separately fror~ the water line ~/ g y exten~~~nr section ~,~~~ Mr. Langan i s the only property owner that has voiced concern re a ' rov~d~n i g rd~ng staff p g nformat~ on and the method of assessment. Section 1 ~ ~~~ La ~m ravements - carat v ' ' ~ cal p ~ e Prav~ s ~ ans, prove des guidance to the heari nga off i - C~al ar~d Caunc~l on haw to remedy the Complaints. Staff recomme hearin s o ' ' • nds that the 9 ff~cial review this seet~an and provide the Caunci~ with - ed sal ut~ans, recommend Cancl us i an Staff recommends that the hearings official a rave the assessme . tion as outline pp nt d~str~bu- d ~ n the prev~ aus memo except as noted above ~ The onl c - rectian staff recommends is to have the ~~ Y ar qty bear ~~lo of the hydrant cost in an effort to 1 imi t overal ~ City cast to process an amendme nt. ._