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HomeMy WebLinkAboutOrdinance No. 20152ORDINANCE NO. Z015Z AN ORDINANCE LEVYING ASSESSMENTS FGR PAVING, CURBS AND GUTTERS, SIDEWALKS, AND STORM SEW- ERS GN BRICKLEY ROAD FROM DEBRICK ROAD TO HAMMOCK STREET, AND DECLARING AN EMERGENCY. CONTRACT 98-04}JOB #3549} The City Council of the City of Eugene finds that: on the 1 st day of May,1997, as authorized in Subsection 7.1605}, Eugene Code,1971 SEC} the City Engineer initiated the proposed local improvement consisting of paving, curbs and gutters, sidewalks, and storm sewers on Brickley Road from Debrick Road to Hammock Street. After due notice and a public hearing thereon before the hearing official, and no remon- strances having been fled, on the loth day of April, 1995, the City Council formed the local improvement district and authorized construction of the local improvement. The actual cost of the local improvement is ascertained to be $Z72,Z45.10, 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 and as set forth in Exhibit A attached hereto and incorporated herein by reference. The City Council has established the method of calculating local improvement assessments in E.C. 7.170 and 7.175. A notice containing the information required by E.C. 7.185 was posted on a bulletin board at City Hall and given by certified mail to the owners of the parcels of real properly subject to the assessment more than ten days prior to the scheduled public hearing before the hearing official. At the time and place specif ed therein, and no persons appearing personally or in writing, nor any ordinance -1 remonstrances having been filed, the hearings official considered the evidence and has reported his 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 official's findings and summary, and based thereon, THE CITY OF EUGENE DGES URDAIN AS FULLUwS: Section 1. The hearings official's summary is hereby made a part of the Council's record in these proceedings, and the hearings off vial's findings, including those regarding compliance with E.C. 7.160 to 7.190, attached hereto as Exhibit B and incorporated herein by reference, are hereby adopted. Section 2. The actual cost of the local improvement consisting of paving, curbs, gutters, sidewalks, and storm sewers on Brickley Road from Debrick Road to Hammock Street is $272,245,10 of which $158,274.04 is hereby assessed against the parcels of property hereinafter described in the amounts set opposite, respectively. Section 3. The City Council does hereby. ;determine and assess each lot and part of lot within the described local improvement district as set forth on the assessment roll attached as Exhibit C 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 beneftted to the extent of the assessment set forth. The Finance Officer shall give native 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 axe declared to be liens upon the respective lots, parts of lots or parcels of land against which said several amounts are assessed, and ordinance - 2 may be paid, with interest on the unpaid rind al amount commencin ten da s after the effec i p p g y t ve date of this ordinance: 4,1 ~n up to twenty semi-annual installments, including principal and interest at the rate set by the City Manager as provided in E.C. 2.022 through 2.024. 4.2 If the property owner so elects, in 120 monthly installments, including principal and interest at the rate set by the City Manager as provided in E.C. 2.022 through 2.024 plus a service charge to be determined by the City Mana er. as rovided in E.C. x.020. g p.. 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 lot, part of lot or acreage specially benefitted by the local improvement; 5.2 The name of the owner or reputed owner thereof, ar 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. Section b. Upon enactment of this ordinance, the City Finance off cer shall send notice of the assessments by f rst class mail to the owners of the assessed parcels containing the information required by E.C. 7.190 and enclose therewith an application for paying the assessment in installments according to the terms. set forth in Section 4 of this ordinance. Section 7. Any assessment remaining unpaid and for which no application for 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 Qrdinance w 3 advanced the cost of construction, engineering and related expenses or which are used to retire any indebtedness incurred by the City for this improvement, Section 8. That the matters contained herein affect the public welfare and safety and therefore, an emergency is hereby 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 re-adoption over a mayoral veto by twowthirds of all members of the Council. Passed by the City Council this Approved by the Mayor this /S~ day of ,~~~-, 1999 ~~.yo%~ City Recorder ordinance - 4 ~,s"~ day of,~/,~~~~ , 1999 l ~ .. -~ y o -r n cn ~ -~! c-F m r D ~ cn r cn .cam r n r~ cn ~ y a n a~~s o rn cn r--+ ~ ~ ~ v ~ r ---I ~ -~ -~ ~ ~ m ~ ~ ca r .. O zvcn•~ ~ c!} n A ~ D Z C~ C O (/") ~ ~ 3~~ Cn ;C7 ~ m z 3 IT1 w a m G7 (/1 o cn L (!? f/f n m m -~ -~ -I cn z o 0 ~ ~~ c~ ~ m ~ -n ~ ~ O c-+ cf ~ ...,. ~. mm ~~ ~v ~ ~+ CD o~ ~ ~. s~ 0 w ~ c-r ~ ~ ~, v m a ~o m m w v cn 00 ~ o 00 ~! 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CONTRACT #98-U4} tJOB #3549} BACKGROUND This improvement project was initiated as a response to the following;l}drainage needs; 2} prope . ~y owner requests, 3} unimproved condition of the roadway, 4} development activity resulting in the subnuttal of rrrevocable petitions, and 5}results of a petition-poll letter. The combination of irrevocable petitions and petition poll responses represented property that will bear 54 percent of the assessable costs. Based on thane results, the City Engineer proceeded to initiate the design, acquisition and bidding of the project on May 1,1997, as provided far in the Eugene Code 7.1608}, The City Council formed the local improvement district SLID} on April 20,1995. The project construction has been completed and final assessment costs have been calculated per Eugene code provisions; The property owners were notified of the pending assessment hearing ten ~ 10} days prior to the hearing as required by Municipal Code. Df the 36 properties included in the LID,10 properties qualify for the low-to-moderate income subsidy program. This program only apples to owner occupied properties in the LID. The City will pay in full for the subsidy share ~ 113, 213, or 516} that each property qualifies for which in total represents $40,231.57. CORRESPONDENCE City staff have received phone ca11s from Mr. Barry ~L7Vo1ff at 1330 Brickley Road, and Mr. David Smith,1312 Brickley Road, who had concerns about their assessment costs. As a result of the issues raised raised by these individuals, staff concluded that a portion of the stormwater system costs that had been allocated to these two properties should be more appropriately considered a City cost since the system was intended to serve a broader area, Staff also received a phone call from Mr. Jeff Davis, president of the homeowners association for Champignon, a multi-family development at 1351 Hammock Street, regarding their assessment. Mr. Davis communicated that the board of directors of the homeowners association did not feel that the improvements to Brickley Road conferred a sufficient benefit to their property to warrant an assessment. Staff reviewed this issue and concluded that the property should be assessed for both the s~eet and sidewalk improvements similar to other properties that are adjacent to the improvements. Approximately 30.28-feet of the Champ~gnon property is adjacent to the improvement. A driveway access into the development ~s ~mmedlately south of the limits of the improvements. The code does not limit a properties assessable property length based on location of driveways or constraints that may exist. Daly the actual property length directly adjacent to the improvement, which is less than the minimum 60-feet defined in 7.175.b.~1}, is being assessed. ~n the future, when Hammock Street is ultimately improved, the balance of the Champignon development will be assessed. PROJECT DESCRIPTION The project included construction of 1,000 feet of 21-foot paving, curb, gutter, sidewalks and storm sewers. Sidewalks were constructed on the south side of the street only. Findings and Recommendations for Final Assessment -Job 3549 page ~ ASSESSMENT Costs are distributed per City Code 7.175, and as outlined in the Council adopted hearings official minutes, findings and recommendations and resolution forming the LID. Under City of Eugene assessment policy,100 percent of the assessable improvement costs will be distributed to the abutting property owners with the balance financed by the City. Below are the final assessable unit costs. 21' Paving $6b.721front foot Sidewalk $10.15 lfront foot Cost to City: $133,497.13 flow income subsidy, storm sewer, and street trees} Costs listed below are the estimated assessment costs calculated from the low bid: 21' Paving $ 71.771front foot Sidewalk $ 15.301front foot Cost to City: $87,970 RECOMMENDATION The City Engineer has provided the Hearings Official with a memorandum which outlined the above information and which recommended approval of the assessment as calculated. A public hearing regarding the proposed distx~ct formation was held on February 23,1999. The minutes of this hearing are attached to these Findings and Recommendations as Exhibit "A."Three members of the public, appeared at this hearing. Mr. Jeff Davis, president of the homeowners association for Champignon, testified that the association Board of Directors did not believe that the Champignon development sufficiently benefited from the improvement to justify an assessment. He noted that his Board felt it was more reasonable for the City to assess the homeowners association at the time that Hammock Street was improved. Ms. Norma Ritzman and Xenia McBride testified in opposition to the assessment. The Hearings Official finds the proposed assessment, as it relates to the Champignon Homeowners Association, to be reasonable for the following reasons. First, while only 30+ lineal feet of the Champignon property is adjacent to the improvement, several residents of the development likely use Brickley Road and would benefit from the improvement. Second, the assessment to the homeowners association is limited to the actual length of property contiguous to the improvement and not the full minimum of 60 feet as defined by Eugene Code 7.175.b.(1 }. The balance of the developmeht would be assessed with a Hammock Street local improvement district. Finally, the timing of future improvements to Hammock Street is uncertain and it is likely that the Brickley Road improvement project will benefit the Champignon Homeowners Association for many years prior to the approval of an improvement project on Hammock Street. The Hearings Official finds that the final improvement costs are lower than those quoted at the local improvement hearing and are comparable to other projects of similar size and nature. 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 improvement as set forth in ORS 310.140 because: ~ 1 } The assessments do not exceed actual costs; ~2} 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; Findings and Recommendations far Final Assessment -Job 3549 Wage 2 (3) The assessments are imposed in a single assessment upon completion of the project; and (4) The assessments allow the property owners to elect to pay off with interest over at least ten (10) years. Therefore, the Hearings official recommends that the City Council approve the assessment as calculated and that the Council levy the final assessment. Respectfully submitted, ~I~ ~ /~~y Gary .- Darnielle Date Findings and Recommendations for FinarAssessment -Job 3549 Page 3 EXHIBIT A HEARINGS OFFICIAL MINUTES SUBJECT: FINAL ASSESSMENT FUR THE PAVING, CURBS, GUTTERS, SIDEWALKS, AND STURM SE'~YERS UN BRICKLEY RUAD FRAM DEBRICK ROAD T4 HAMMOCK STREET. (CONTRACT #98-44} (JUB #3549} A public hearing regarding this project was held on February 23,1999 at 6:~~ p.m. in the First Floor Conference Roam in the Eugene Hotel Building at 244 E. Broadway, Eugene, Gregon. Hearings Official Gary Darn~elle presided. A staff presentation was made by Les Lyle, City Engineer. He was assisted by Peggy Keppler, Project Manager. Les Lyle explained that the City Council approved the formation of a local improvement district for the the paving, curbs, gutters, sidewalks, and storm sewers on Brickley Road from Debrick Road to Hammock Street, on April 7,1998. He noted that construction of the project has been completed and that all costs have been included in the calculation of the final assessment. The purpose of the hearing was to consider whether final assessments for project had been correctly calculated. Mr. Lyle stated that 36 properties were included in the local improvement district and that 10 of these properties qualified for low-to ~-moderate income subsidy program. He also noted that all properties qualified for 1 year financing and that property owners could choose either semi-annual or monthly installment payments. ft was explained by Mr. Lyle that communication with Barry Wolff and Mr. David Smith, Brickley Road residents, caused staff to reconsider the stormwater based portion of the proposed assessment. Staff agreed with Mr. Wolff and Smith that the storm water system was intended to serve a broader area and reallocated the stormwater system costs to the City. Mr. Lyle also noted that the Champignon Homeowners Association was assessed for 30.28 feet of property adjacent to the project for street and sidewalk improvements. Mr. Lyle stated that the remainder of the development's property would be assessed at the time of future improvements to Hammock Street. Mr. Darnielle opened the hearing to the testimony from. the public. Mr. Jeffrey Davis, representing the Champignon Homeowners Association, first spoke. Mr. Davis explained that the Homeowners Association did not have title to the development until August 7, 1998 and, for that reason, did not get notice of the hearing regarding the proposed formation of the local improvement district. He suggested that residents of the Champignan development, and the Champignon Homeowners Associatian, would have objected to the formation of the lacal improvement district if they had notice. Mr. Davis noted that the Hameowners Association was assessed $2,327.16 and suggested that the entire 3x.28 feet of the development's frontage on Hammock Street be addressed at the time that Hammock Street was improved. Mr. Lyle explained that normally, a minimum of 6~ feet of property would be assessed even if a property had less frontage. In the present case, however, the City was willing to assess the remainder of the property at such time when Hammock Street was improved. February 23,1999 Pubric Hearing 1Vlinu~es--Job #3549 Page 2 of 2 Ms. Xenia McBride questioned whether staff had prepared a total breakdown of costs and assessments. She was provided with a complete list by Ms. Keppler. Ms. McBride also asked who would pay far the signs posted on Brickley Road and Mr. Lyle explained that the City paid for these improvements. Ms. Norma Rittman noted that during a portion of the construction project on Brickley Road, residents did not have access to their garages and were forced to park along side the raad. During this period of time, the cars of Ms. Rittman and six other Brickley Road residents were bur larized g and vandalized. Ms. Rittman suggested that metal access bridges be provided by the contractor to allow access to driveways and garages similar to what was done in the City of Coburg. There being no other testimony, Mr. Darnielle closed the public hearing at b:45 p.m. Gary . Dar~aie~le H Yng Gfficia~ MEMORANDUM February 23,1999 TO: Hearings Off cial FROM: Les Lyle, City Engineer SUBJECT: PAVING, CURBS, GUTTERS, SIDEWALKS, AND STORM SEWERS ON BRICKLEY ROAD FRAM DEBRICK ROAD TO ~IAMMOCK STREET. CONTRACT #98-44} JOB #3549} BACKGROUND This improvement project was initiated as a response to the following; l}drainage needs; 2} property owner requests, 3 }unimproved condition of the roadway, 4} development activity resulting in the submittal of irrevocable petitions, and 5} results of a petition-poll letter. The combination of irrevocable petitions and petition poll responses represented property that will bear 54 percent of the assessable costs. Based on those results, the City Engineer proceeded to initiate the design, acquisition and bidding of the project on May 1,1997, as provided for in the Eugene Code 7.1605}. The City Council formed the local improvement district SLID} on April 20,1998. The project construction has been completed and final assessment costs have been calculated per Eu ene code g provisions. The property owners were notified of the pending assessment hearing ten ~ 10} days prior to the hearing as required by Municipal Code. Df the 36 properties included in the LID,10 properties qualify for the low-to-moderate income subsidy program. This program only applies to owner occupied properties in the LID. The City will pay in full for the subsidy share ~ 113, 213, or 516} that each property qualifies for which in total represents $40,231.57. ~- CORRESPONDENCE City staff have received two phone calls,l}from Mr. Barry Wolff at 1330~Brickley Road and 2} Mr. David Smith,1312 Brickley Road, who had concerns about their assessment costs. Staff reviewed the issues they raised and concluded that an adjustment was warranted. Staff concluded that a portion of the stormwater system costs that had been allocated to these two properties would be more appropriately considered a City cost since the system was intended to serve a broader area. Staff also received a third phone call from Mr. Jeff Davis, ~ president of the home owners association for Champignon, amulti-family development at 1351 Hammock Street, regarding their assessment. The board of directors do not feel they have adequate access to the assessable area and see no benefit to their property for the improvement on Brickley Road and should not be assessed. Staff have reviewed this issue and have concluded ghat the property should be assessed for both the street and sidewalk improvements similar to other properties that are adjacent to the improvements. Approximately 30.28-feet of the Champignon property~is adjacent to the improvement see attached map}. A driveway access rota the development is~ immediately south of the limits of the improvements. The code does not limit a properties assessable property length based on location of driveways or constraints that may exist. Staff ~s proposing to only assess the actual property length directly adj acent to the improvement which is less than the minimum GO-feet def ned in 7.175.b. ~ ~ }. In the future, when Hammock Street is ultimately improved, the balance of Champignon will be assessed. PRUJECT DESCRIPTIaN The project included construction of 1,000 feet of 21-foot paving, curb, gutter, sidewalks and storm sewers. Sidewalks were constructed on south side of the street only. ASSESSMENT Costs are distributed per City Code 7.175, and as outlined in the :Council adopted hearings official minutes, f ndings and recommendations and resolution forming the L1D. Under City of Eu ene g assessment policy,100 percent of the assessable improvement costs will be distributed to the abutting property owners with the balance f nanced by the City. Below are the f nal unit assessable costs. 21' Paving $66.721front foot Sidewalk $10.151front foot Cost to City: $133,497.13 flow income subsidy, storm sewer, and street trees} Costs listed below are the estimated assessment costs calculated from the low bid: 21' Paving $ 71.771fror~t foot Sidewalk $ 15.301front foot Cost to City: $$7,970 RECUMMENDATIaN The f naI improvement costs are lower than those quoted at the local improvement hearing and are comparable to projects of similar size. 1f the hearings official concludes that Champignon should not be assessed due to the unique nature of the lot configurations, staff recommends that the City bear the assessable costs per section 7.1751}fie}. Staff recommends approval of the assessment as calculated and that the Council levy the final assessment. Page 2 n N v ~-i J H Q Z 0 d O ~-, C w f. Z Y G ,l ~ ~ W4 p~ r-+ c~ O i ~- Q" ~~ ~I W ~' l W. ~,- . 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