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HomeMy WebLinkAboutOrdinance No. 19962 Iqq~ ~ ORDINANCE NO.' AN ORDINANCE AUTHORIZING THE INSTITUTION OF PROCEEDINGS IN EMINENT DOMAIN FOR THE ACQUISITION OF PROPERTY INTERESTS ALONG TERRY STREET FROM ROYAL AVENUE TO BARGER DRIVE, FOR THE PURPOSES OF CONSTRUCTION OF STREET IMPROVEMENTS; AND DECLARING AN EMERGENCY. The City Council of the City of Eugene finds that: The City Council has authority under provisions of the City Charter and applicable state law to 'institute proceedings in eminent domain for the acquisi- tion of private property for public purposes, including the improvement of city streets and construction of curbs. gutters. sidewalks, street lights and other features. By Council adoption the City's Capital Improvement Plan the City of Eugene initiated the Terry Street Improvement Project from Royal Avenue to Barger Drive, which includes street improvements consisting of paving, curbs, gutters, sidewalks and street lights improvements. The proposed improvements shall be in compliance with. and in furtherance of, the plans and specifications to be prepared by the City Engineer in accordance with provisions of Chapter 7 of the Eugene Code, 1971, and applicable policies of the City of Eugene. Development and increased traffic now necessitate widening and extending the public way to serve the adjacent property, the. surrounding neighborhood and through traffic. It is not in the public interest to significantly relocate this'collector street. The least private harm will be done by expanding the width of the existing public way to accommodate the project as proposed and prepared by the City Engineer. The costs of delaying the project, the savings from efficient construction management techni ques. and the need to faci 1 i tate the safe and effi ci ent movement of traffic and pedestrians requires the City to act promptly to acquire" the necessary property interests for this project. NOW, THEREFORE, THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS: Section 1. Based upon the above findings, which are incorporated herein by reference and here'by adopted, the Ci ty Counci 1 of the Ci ty of Eugene does hereby find, declare, and determine it necessary to acquire certain property interests including fee interest, in portions of the parcels of real property more particularly described on Exhibit A attached hereto and incorporated herein by reference in order to construct the improvements to Terry Street from Royal Avenue to Barger Dri ve, i nc,l udi ng curbs, gutters, si dewa 1 ks, street 1 i gh.ts improvements J and other features i n accordance wi th the pre 1 i mi na ry des i gn prepared by the City Engineer and approved by the City Manager. Section 2. The City Council does hereby direct that the City of Eugene shall institute negotiations with affected agents to acquire needed property and institute proceedings in eminent domain for the condemnation of the other real property interests described in Section 1, and, at least 20-days prior to the filing of any action for condemnation to make a written offer to the owners or parties having an interest therein of a stated amount as compensation therefore and for any compensable damages to remaining property. Section 3. The City Council further directs that the City Manager shall obtain for the City immediate possession of real property interests described in Section 1, if negotiations will delay the construction of the described improvements. Section 4. The City Council hereby declares that the improvements set forth above are for a public purpose. are necessary for the public welfare. are the most compatible with the greatest public good and the least private injury. and are author; zed under the 1 aws of the State of Oregon and Charter and .: . ; :::-,. ..' . ordina~ces of the City of Eugene. Section 5. The City Counci 1 further declares that the real property interests described in Section 1 shall be used by the City of Eugene for public purposes at the earliest possible date and, in any event, no later than ten years from the date this Ordinance is adopted by the Council and approved by the Mayor. Section 6. The improvement of city streets and reduction of traffic and pedestrian hazards thereon concern the public welfare and safety and therefore, an emergency i s hereby dec 1 a red to exi st , and thi s Ordi nance sha 11 become effective immediately upon its passage by the City Council and approval by the Mayor. Passed by the City Council this ~day of A9Q1L-- . 1994. ~~ R~O~ Approved by the Mayor this ~ ~ Ul day of ' , 1994. OZ:;~(M~~A1/Z4~ FINDINGS AND RECOMMENDATIONS SUBJECT: PROPOSED PAVING, SIDEWALKS, STREET LIGHTS AND STORM SEWER ON TERRY STREET BETWEEN ROYAL AVENUE AND BARGER DRIVE. (JOB #2813) BACKGROUND Terry Street between Royal Avenue and Barger Drive, is proposed to be improved during sunnner, 1994. This project has been included in the City Council adopted Fiscal Year '94' Capital Budget The project description calls for the street to be improved to a 46-foot width (12-foot travel lanes, a 12-foot center lane and two 5-foot bike lanes) with curbs and gutters, storm sewers, street lights . and continuous sidewalk on the east side of Terry Street This is a project that the City Council can initiate per Section 7.160(5) of the Municipal Code and it is required that a series of hearings be conducted to assure an opportunity for public input. Even though the March 21, 1994 public hearing is not required by code, the nature of the project and unique circumstances regarding one of the properties suggest that a hearing is warranted. Currently, over 57.8% of the assessable cost is represented by either .irrevocable petitions or other petitions for improvement. Technically this percentage allows the City Engineer to initiate design and bidding, however, the unique circumstances still suggest formal council action. An informational meeting was conducted March 9, 1994. Out of six (6) properties proposed to be assessed for a portion of the project cost, none of the property owners attend the informational meeting. Three hundred letters were sent out to residents in the proposed improvement district with 20 attending. The bulk of the letters went to tenants of Woodland Mobile Home Park, Daneland Mobile Home Park and Summerfield Mobile Home Park. A common concern was traffic flow and how the assessment costs would be distributed among the owners. PROPOSED PROJECT The project will address the drainage problems, the infrastructure and transportation needs in the area, and provide a facility that can be maintained efficiently. It includes street paving, sidewalks, street lights and storm sewers. FUNDING A.ND ASSESSMENT Current City policy states that all properties abutting streets that have not been improved to City standards will participate in the improvement cost Assessments are a major source of revenue for financing street and storm sewer improvements. Systems Development and deferral funds will be used to finance the non-assessable costs. . The City is proposing: 1. That abutting property owners be assessed on a front footage basis for curbs and gutters, the assessable portion of the1pavement width and for any driveway improvements as outlined in Chapter 7 of the Municipal Code. Based on historical project costs, the estimated assessment unit costs are: 20-foot equivalent 28-foot equivalent 36-foot equivalent 44-foot equivalent $ 65.00/front foot $ 87.50/front foot $109.50/front foot $ 131.50/front foot Findings and Recommendations - Job #2813 March 30, 1994 Page 2 of 3 No design work has been performed at this stage of the project development, so the estimates provided above may be effected by unknown utility conflicts, soil or topographic constraints, etc. Final Costs will be based on actual project costs determined at completion. The sidewalks will be constructed and assessed to the properties on east side only at this time. Future development requirements on the west side will require sidewalks to be constructed. The estimated assessment is $18 to $21 per front foot , , 2. That the City will pick up the cost for non-assessable pavement width, non-assessable drainage capacity, intersections and street lighting as identified by City Code, Chapter 7. STAFF RECOMMENDATION Staff recommends that the proposed improvement project be approved and that the staff be authorized to proceed with design and bidding of the project. PUBLIC HEARING, FINDINGS & RECOMMENDATION A public hearing regarding this project was held March 21, 1994 at 6:00 p.m. in the First Floor Conference Room of City Hall ll. Hearings Official Gary Darnielle presided. A copy of the Minutes from the hearing are attached as Exhibit "A". In addition to the public comment received at the hearing, the Hearings Official has also received written communications regarding the project from the City Engineer (Exhibit "B") and a map of the area of the proposed project (Exhibit "C"). The opening of Terry Street to through traffic between Royal Avenue and Barger Drive has been accorded a high priority and is listed in the CIP and Transplan as a needed project As development along Terry Street and throughout the neighborhood has occurred, and the future improvements to Beltline Road moves closer, this need has increased. Between Beltline Road and Green Hill Road, Terry Street is the only north-south connector street between Royal Avenue and Barger Drive. The City has on fIle, petitions, from property owners, that would bear 57.8% of the assessable cost of Terry Street improvement Two (2) of the six (6) properties affected by the improvement are in Lane County, and outside the city. Staff is coordinating this improvement with the County, with the City being the responsible for purchase of right-of-way, design, bidding, construction management, assessments and maintenance. The County will be required to approve these two (2) properties being included in the LID per ORS statues. All properties are large with long frontages abutting Terry Street resulting in large assessments. All properties except the southwest comer property (Kruger) are developable tracts of land or are already developed and are proposed to be assessed per Chapter 7 guidelines. Staff had reviewed the unique nature of the Kruger property in regards to the assessment distribution. Staff is recommending that the first 425-feet from Royal Avenue be considered developed single family residential in nature (20-foot equivalent) with the balance being deferred through a delay of benefit deferral until the time of development Staff is recommending this approach due to the unique size and shape of the parcel, the amount of a full assessment as compared to the property value (which is less), the location of the trunk sewer on the west boundary precluding some development potential, and its current status of being in the County. -.. . ...~. Fmdings and Recommendations - Job #2813 March 30, 1994 Page 3 of3 As revealed in the minutes of the March 21, 1994 public hearing, two members of the public attended the public hearing but neither testified in opposition to the project The Hearings Official finds that the proposed local improvement district would benefit the health, safety and welfare of the citizens of Eugene in that it will satisfactorily address the drainage problems, and the infrastructure and transportation needs in the area of Terry Street between Royal Avenue and Barger Drive through street paving, sidewalks, street lights and storm sewers. The Hearings Official further finds that there is support for the proposed local improvement district from the property owners of the portion of the proposed project located within the corporate limits of Eugene who would bear 57.8 percent of the assessment cost of the portion of the proposed local improvement district Finally, the Hearings Official 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 improvement as set forth in ORS 310.140 because: (1) (2) The assessments do not exceed actual costs; The assessments are imposed for a Capital Improvement Construction Project which provides a specific benefit to a specific property or rectifies the 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 payoff with interest over at least ten (10) years. Therefore, the Hearings Official recommends that the City Council adopt a resolution approving the project, as recommended by staff, and authorizing design, bidding and construction. (3) (4) Respectfully submitted, GarJ _ . He lngs EXHIB.IT A '. .. . HEARINGS OFFICIAL MINUTES SUBJECT: PROPOSED PAVING, SIDEWALKS, STREET LIGHTS AND STORM SEWER ON TERRY STREET BETWEEN ROYAL AVENUE AND BARGER DRIVE. (JOB #2813) BACKGROUND Terry Street between Royal Avenue and Barger Drive, is proposed to be improved during summer, 1994. This project has been included in the City Council adopted Fiscal Year '94' Capital Budget The project description calls for the street to be improved to a 46-foot width (12-foot travel lanes, a 12-foot center lane and two 5-foot bike lanes) with curbs and gutters, storm sewers, street lights and continuous sidewalk on the east side of Terry Street A public hearing regarding this project was held on March 21, 1994 at 6:00 p.m. in the First Floor Conference Room of City Hall ll. Hearings Official Gary Darnielle presided. A staff presentation was made by Les Lyle, City Engineer. He was assisted by Doug Weber, staff member. Mr. Lyle noted that the proposed project would go from the end of the improved section on Terry Street south of Barger to Royal. It would be designed to be 46 feet in width, consistent with the existing improved section of Terry Street There would be some adjustment of the street alignment on the south end of Terry Street to avoid existing structures located near the right-of-way. Mr. Lyle explained that the 46 foot width would accommodate bicycle lanes on both sides of the street, two travel lanes and one turn lane in the center. Mr. Lyle explained that Terry Street is a collector street and the project, which has a conventional configuration for this type of street, will serve as an important north-south connector between Barger and Royal. The only other direct north-south connecters between these two streets is Greenhill and Beltline. Eventually, Terry Street will be extended south of Roosevelt to the West Eugene Parkway once it is constructed. A lot of development activity is occurring in the area. Many manufactured home subdivisions are going in, more traffic is being generated and the need for this north-south connection is growing. Proposed improvements to Beltline will also create some additional need for this project. Mr. Lyle stated that this project has been identified in the Eugene Capital Improvements -Program for the past couple of years. It is also included in the TransPlan. . Mr. Lyle noted that this particular type of project is typically initiated by the City Council. There are two different ways that such a project could be initiated. One way is by petition where the abutting property owners petition the City representing over 50 percent of the frontage of abutting properties that support the improvement which allows the project to proceed into design. The other way is by having the City Council authorize proceeding into the design of the project The staff is proposing that the City Council initiate the project No design has been conducted on the project but staff has done an initial evaluation of the basic needs for the improvements and has performed some basic cost analysis. Only the scope of work has been identified An earlier, information session was conducted on March 9, 1994. Mr. Lyle explained that the process followed in the formation of the proposed improvement district includes tonight's public hearing which is intended to receive feedback from the public and for staff to respond to questions from the public. The information from this hearing is transferred to the City Council. H the Council finds that it is appropriate for the project to proceed the Council will authorize the design of the improvements. If the Council authorizes the design, staff will March 21, 1994 Public Hearing Minutes - Job #2813 Page 2 of 3 proceed with design, survey the site of the improvements, prepare necessary design documents and put the project out to bid. Following bidding, a formal local improvement district formation hearing is required at which time the City Council makes a final decision based upon information presented at the hearing as to whether the project should be actually constructed. At this hearing, staff will have a more refined estimate of the project cost, based upon bids the City has received. Construction would then proceed if authorized by the Council. Finally, after the completion of the project, abutting property owners would be notified of an assessment hearing. Mr. Lyle stated that because there has been development occurring in the area of this particular improvement project, staff has received a number of petitions submitted as a condition of development representing over 50 percent support However, since two of the properties that front the project are located in Lane County (outside of the Eugene City Limits), the County Commissioners must grant their approval to include these two properties within the local improvement district The intention of staff is to get general agreement for the project from abutting property owners and the City Council before taking the request to the County Commissioners. Mr. Lyle further explained that with most road improvements within the City, bringing a road up to City standards with curb and gutter, sidewalks, full paving, etc., is typically paid for by assessments to abutting property owners. Once the project is built the City takes on the long-term maintenance of the improvement; which is typically paid for by gas taxes. Chapter 7 of the Municipal Code spells out how costs for the proposed improvement would be distributed. Generally, the distribution is dependant upon the zoning, and condition of the properties at the time the local improvement district is formed. For example, if a person owns a large tract of vacant property, the maximum width that can be assessed is one-half of a 36 foot wide street plus curb and gutter. Property already developed with a single-family residence would only be assessed for one-half of a 20-foot wide street. Commercially zoned property would be assessed at a 44-foot . wide equivalent or 22 feet of street width. In the present case, the proposed project calls for a 46-foot wide street and the difference between that which can be assessed to the abutting property owner and the costs of the full width of the proposed street will be borne by the City. The non-assessable portion of the street would be paid for by system development charges. New development coming into the area would therefore indirectly pay for this portion of the improvements through the contributions to System Development Charges. Based upon the Code requirements, the staff has calculated a rough estimate of what each property would pay. After receiving a low bid, the staff would extend those costs out as if they were doing a final assessment. A ten percent contingency is added at this time to cover costs not anticipated during the design process. Mr. Lyle also noted that in addition to the non-assessable portion of the street width, the City pays for intersections and street lights. With the present project, staff is recommending that sidewalks only be constructed on the east side of Terry Street to get a continuous sidewalk on that side of the street The placement of sidewalks on the west side will await further development on that side of the street The estimated cost per front foot in the proposed project is $65 for a 20-foot equivalent width; $87 for a 28-foot equivalent width; $109 for a 36-foot equivalent width; and $131 for a 44-foot equivalent width. It is hoped that these estimates are on the high side based upon the fact that the project is the straight-forward extension of a street, it is on flat ground, and the contractor will not have to deal with traffic during construction. The sidewalk would only be assessed on the east side of the street and the cost of this improvement is estimated to be $18 to $21 per front foot. The final costs will be calculated at the completion of the project and no assessments will levied until March 21, 1994 Public Hearing Minut~s - Job #2813 Page 3 of 3 completion. Included in this assessment will be the City's engineering and financing costs. The City uses short-term financing to pay for the selVices of the City and the contractor. Property owners who are assessed may take advantage of long-term financing that is provided. The City is obligated by law to provide ten-year financing to property owners regardless to the latter's income or financial status. Other deferral programs may also be available. For instance, one may defer the difference between a 28- and 36-foot wide street until the vacant property is developed. There is one property affected by this projec~ the Kruger property located at the southwest comer of the project, that is long and narrow and has a considerable amount of frontage but is only about 160 feet in width. A sanitary trunk: sewer also abuts this property on its west boundary. This creates a difficult situation in regard to future development of the property. The amount of assessment that the City would be potentially levying against the property at this time would likely equal or surpass the value of the property itself. The staff recommends to the Hearings Official that the property be assessed in the following fashion: the first 425 feet of the property's frontage be considered developed residential so the property owner would pay 20-foot wide street equivalent for this portion of the property. The balance of frontage would be deferred for a 36-foot equivalent width until development of the property. Staff feels this is a fair proposal given the constraints of property and the concern that the placement of a major debt against the property would prevent it from ever being sold for other purposes. This deferral would represent a lien against the property but that lien would not come due until the property was developed or subdivided. In summary, the City Engineer recommended that, with the exception of the Kruger property, the rest of the project limits be assessed per the previously explained guidelines provided by Chapter 7 of the Code and that the project proceed into the design phase. If the project does proceed into the design phase, Mr. Lyle noted that staff will be contacting property owners regarding any special conditions that should be taken into account such as potential access points. The Hearings Official then called on members of the public to offer their comments or ask questions regarding the project. Mr. Bob Bounds, one of the property owners subject to assessment for the proposed project, stated that he had no objection to the street although like many of the other property owners he did not have a lot of money with which to pay the assessment Mr. Lyle noted that the project was somewhat unusual in the sense that it affected only six properties that each have a large frontage. He reiterated the availability of ten-year financing and the ability to defer the difference between the 28- and 36-foot equivalent assessment and indicated that other deferrals might be available if Mr. Bounds met age and income criteria Mr. Bounds requested that future information sent out by the City on this project also be sent to his address at 5711 Royal Avenue. Mr. Allen Haynes, the only other member of the public in attendance, had no statement to make or questions to ask. Receiving no further comments, the Hearing Official closed the public hearing at 6:23 p.m. Respectfully submitted, 2- ~ __-::7 /' (/ . ~>-,.. <-- ': .,. _ 'dt'/i(c Gary X. Darnielle ~ Hea-fings Official / .EXHIBIT B M E M 0 RAN 0 U M March 21. 1994 TO: FROM: SUBJECT: Hearings Official Les Lyle, City Engineer . . PROPOSED PAVING, SIDEWALKS, 'STREET LIGHTS AND STORM SEWER ON TERRY STREET BETWEEN ROYAL AVENUE AND BARGER DRIVE. (JOB #2813) BACKGROUND Terry Street between Royal Avenue and Barger Drive. is proposed to be improved during summer, 1994. This project has been included in the City Council adopted Fiscal Year 194' Capital Budget. The project description calls for the street to be improved to a 46-foot width (12-foot travel lanes. a 12-foot center lane and two 5-foot bike lanes) with curbs and gutters. storm sewers. street lights and continuous sidewalk on the east side of Terry Street. Since this is a project that the City Council can initiate per Section 7.160(5), Municipal Code requires that a series of hearings be conducted to assure an opportunity for public input. Even though this particular hearing is not required by code. the nature of the project and unique circumstances regarding one of the properties suggest that a hearing is warranted. Currently, over 57.8% of the assessable cost is represented by either irrevocable petitions or other petitions for improvement. Technically this percentage allows the City Engineer to initiate design and bidding. however. the unique circumstances still suggest formal council action. An informational meeting was conducted March 9. 1994. . Out of six (6) properties proposed to be assessed for a portion of the project cost. none of the property owners attend the informational meeting. Three hundred letters were sent out to residents in the proposed improvement district with 20 attending. The bulk of the letters went to tenants of Woodland Mobile Home Park. Oaneland Mobile Home Park and Summerfield Mobile Home Park. A common concern was traffic flow and how the assessment costs would be distributed by the owners. FUNDING AND ASSESSMENT Current City policy states that all properties abutting streets that have not been improved to City standards will participate in the improvement cost. Assessments are a major source of revenue for financing street and storm sewer improvements. Systems Development and deferral funds will be used to finance the non-assessable costs. HEARING MEMO - TERRY STREET March 21. 1994 Page 2 The City 15 proposing: 14 That abutting property owners be assessed on a front footage basis for curbs and gutters. the assessable portion of the pavement width and for any driveway improvements as outline in Chapter 7 of the.Municipal Code. Based on historical project costs, the .estimated assessments are: 20-foot equivalent 28-foot equivalent 36-foot equivalent 44-foot equivalent $ 65.00/front foot $ 87.50/front foot $109.50/front foot $131.50/front foot No design work has been performed at this stage of the project development. .50 the estimates provided above may be effected by unknown utility conflicts. sailor topographic constraints etc. Final Costs will be based on actual project costs determined at completion. The sidewalks will be constructed and assessed to the properties on east side only at this time. Future development requirements on the west side will require sidewalks to be constructed. The estimated assessment is $18 to $21 per front foot 4 2. That the City will pick up the cost for non-assessable pavement width, non-assessable drainage capacity, intersections and street lighting as identified by City Code. Chapter 7. STAFF ANALYSIS The opening of Terry Street to through traffic between Royal Avenue and Barger Drive has been a high priority and listed in the eIP and Transplan as a needed project for several years. As development along Terry Street and through out the neighborhood has occurred. and the future improvements to Beltline Road moves closer. this need has increased. Between Beltline Road and Green Hill Road, Terry Street is the only north-south connector street between Royal Avenue and Barger Drive. The City has on file. petitions. from property owners. that would bear 57.8% of the assessable cost of Terry Street improvement. Two (2) of the six (6) properties affected by the improvement are in Lane County, and outside the city. Staff is coordinating this improvement with the County. with the City being the responsible for purchase of right-of-way. design. bidding. construction management, assessments and maintenance. The County will be required to approve these two (2) properties being included in the LID per ORS statues. HEARING MEMO - TERRY STREET March 21. 1-994 Page 3 All properties are large with long frontages abutting Terry Street resulting in large assessments. Al17 except the southwest corner property (Kruger). are developable tracts of land or are already developed and are proposed to be assessed per Chapter 7 guidelines. Staff had reviewed the unique nature of the Kruger property in regards to the asse?sment distribution. Staff is recommending that the first 425-feet from Royal Avenue be considered developed single family residential in nature (20-foot equivalent) with the -balance being deferred through a delay of benefit deferral until the time of development. Staff is recommending this approach due to the unique size and shape of the parcel, the amount of a full assessment as compared to the property value (which is less), the location of the truck sewer on the west boundary precluding some development potential, and its current status of being in the County. A copy of the letter that was sent to property owners and residents for the informational meeting is attached along with a fact sheet. SUMMARY AND RECOMMENDATIONS Staff recommends this improvement be approved and that staff be authorized to proceed with design and bidding of the project. The project will address the drainage problems, the infrastructure and transportation needs in the area. and provide a facility that can be maintained efficiently. RD .,~~ -~ ~ ~ H\l Tt 1E! <D C ill OJ :J ill 4- a ~ ....f-I o :-?f" .i\.. ~~ ~ >. +-' C .... ::J t- o ~~~ 0 ! . Q) C '0. m -. -.J Q) Q) S-. ~ (f) >.. S-. S-. <D f- property line _ _ _ _ _ _ _ _ _ sanitary sewer trunk line Boresek assess by code Kruger deferred assessment Kruger assess by code