HomeMy WebLinkAboutOrdinance No. 20183ORDINANCE Nn. 20183
AN ORDINANCE LEVYING ASSESSMENTS FOR PAVING,
CURBS, GUTTERS, SIDEWALKS, WASTEWATER, STREET
LIGI3TS, AND STREET TREES ON AVALON STREET
FROM TERRY STREET TO 2,700 FEET WEST OF TERRY
STREET, AND DECLARING AN EMERGENCY.
CONTRACT 95-17}JOB #3666}
The City Council of the City of Eugene f nds that:
0n the 30th day of April,1998, as authorized in Subsection 7.1608}, Eugene Code, 1971
SEC} the City Engineer initiated the proposed local improvement consisting of paving, curbs,
gutters, sidewalks, wastewater, street lights, and street trees on Avalon Street from Terry Street to
2,700 feet west of Terry Street.
After due notice and a public hearing thereon before the hearing official, and no remon-
strances having been f led, on the 27th day of July,1998, the City Council formed the local improve-
ment district and authorized construction of the local improvement.
The actual cost of the local improvement is ascertained to be $533,568.15, 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 property subject to the
ordinance -1
assessment more than ten days prior to the scheduled public hearing before the hearing official. At
the time and place specified therein, and no persons appearing personally or in writing, nor any
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 qF EUGENE DgES gRDAIN AS FgLL4WS:
Section 1. The hearings official's summary is hereby made a part of the Council's record in
these proceedings, and the hearings official's findings, including those regarding compliance with
E.C. 7.164 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,
sidewallfs, wastewater, street lights, and street trees on Avalon Street from Terry Street to 2,70o feet
west of Terry Street is $533,565.15, of which $322,973.65 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 benefitted to the extent of the assessment set forth. The Finance ~ff~cer
shall give notice of the assessments to the owners of the assessed parcels advising them the
assessment may be paid in full, without interest, within ten days of the effective date of this
ordinance - 2
ordinance. Assessments that remain unpaid after the ten day period are declared to be liens upon the
respective lots, parts of Tots or parcels of land against which said several amounts are assessed, and
may be paid, with interest on the unpaid principal amount commencing ten days after the effective
date 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 1f 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 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 lot, part of lot or acreage specially benefitted by the local
improvement;
5.2 The name of the owner or reputed owner thereof, or that the name of the owner is
unknown; and
5.3 The sum assessed upon said property, the amount and date from which interest accrues,
and the date of entering the same in the docket of City Liens.
Section G. Upon enactment of this ordinance, the City Finance Officer shall send notice of
the assessments by first class mail to the owners of the assessed parcels containing the information
required by E,C. 7.19o and enclose therewith an application for paying the assessment in
installments according to the terms set forth in Section 4 of this ordinance.
Ordinance - 3
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
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 S. 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 bytwo-thirds of all members of
the Council.
Passed by the City Council this
6th day of December,19~9
Q~~ City Recorder
Approved by the Mayor this
6th day of December,1~99
I . l~
Mayor `
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E~1181T A d
FINDINGS AND RECgMMENDATIUNS
SUBJECT: PAVING, CURBS, GUTTERS, SIDEWALKS, WASTEWATER,
STgRM''V~ATER, STREET LIGHTS, AND STREET TREES qN AVALgN
STREET FRUM TERRY STREET Tq 2,70 FEET WEST qF TERRY
STREET (JOB #3666)
BACKGRgUND
This improvement project was initiated as a result of a irrevocable petitions signed as a condition
of development of properties adjacent to Avalon Street.
The City Engineer initiated the project, on April 30,1998, as provided for in Eugene Code
section 7.1608}. The City Council formed the Local Improvement District SLID} on July 27,
1995.
The project has been completed, and final assessment costs have been calculated. The property
awners were notified of the date and time of the final assessment hearing ten days in advance of
the hearing.
PROJECT
The pro ject constructed 2,700 feet of street improvements, including paving, curbs, gutters and
sidewalks, as well as the installation of wastewater and stormwater systems, street lights and
street trees.
ASSESSMENTS
The City Engineer has recommended that assessments be calculated in accordance with the
Eugene Code and the Council adopted directions at the time of the formation of the Local
Improvement District.
Under City of Eugene assessment policy, 60.5 percent of the improvement costs will be
distributed to the abutting property owners, with the balance x$210,594.47} financed by the City.
The final unit assessable costs, based on completion of the project are
20' Street Paving $ 50.701front foot
Sidewalks $ 14.511front foot
STREET PAVING, CURBS, GUTTERS, SIDEWALKS WASTEWATER, STQRMWATER, STREET LIGHTS
AND STREET TREES QN AVALQN STREET F4R 2,700 FEET WEST 4F TERRY STREET
FINAL ASSESSMENT Page I
Wastewater and stormwater infrastructure was required for one property within the local
improvement district. The assessment for this work is proposed to be imposed only on the
involved property.
Waste & Stormwater Pipe $ 21,085.75/Lump Sum (Tax Lot #17-04-20-14-00200)
The cost to the City for the City's portion of the development will be:
Cost to City: $210,594.47 intersection, street lights, storm drain, aver width paving}.
At the time of the formation of the focal impravement district, the City estimated the
improvement costs to be:
20' Paving $ 52.00/front foot
Sidewalks $ 17.30/front foot
Wastewater Pipe $11,860.00/Lump Sum (Tax Lot #17-04-20-14-00200)
Cost to City: $237,000.00 (intersection, street lights, storm drain, over width paving}.
The actual costs are lower than originally estimated, except for the wastewater and stormwater
improvements, which were modified at the property owner's request.
PUBLIC HEARING
The City Engineer provided the Hearings Official with a memorandum that outlined the City
Engineer's recommendation set forth above. A public hearing was held on November 17,1999,
beginning at 6:00 p.m. in the meeting room at the Public Works offices in the Eugene Hotel
building. Hearings Official Milo Mecham presided. A copy of the minutes of that public hearing
is attached as Exhibit A.
The comments at the hearing, and correspondence submitted prior to the hearing, concerned the
present property owner's objections to being subject to the assessment when they had purchased
the property after the formation of the local improvement district.
City Engineering staff disclosed at the hearing that the developer, Mr. Art Picullel, had promised
to pay a portion of the assessment of the properties in the development that triggered the
improvement. This development is also the location of those property owners who are now upset
at being subject to the assessment when they purchased without notice of the formation of the
local improvement district.
Discussion
As was discussed at the hearing, there is little that the city could do that has not already been
done to provide notice to persons in the situation of these property owners. Additional steps,
STREET PAVING, CURBS, GUTTERS, SIDEWALKS WASTEWATER, STORMWATER, STREET LIGHTS
AND STREET TREES ON AVALON STREET FOR 2,700 FEET WEST OF TERRY STREET
FINAL ASSESSMENT Page 2
such as requiring that notice of the existence of the local improvement district be made a part of
the deeds of all the properties within the local improvement district might increase the chances of
notice, but such a requirement would create endless confusion after the improvement was
finished and the local improvement district dissolved after final assessment. In short, there does
not seem to be much more that the City can da. If developers choose to create the 1oca1
improvement district and then sell the properties without providing notice and without making
some sort of provision for an escrow account holding the money to pay for the improvement, the
City will continue to be the subject of complaints from new property owners.
It appears that the property owners understand that the best target of their ire should be the
previous property owner who knew of the local improvement district and therefore of the
pending assessment and chose not to inform the new buyers. They have focused their complaints
on the City because the City has completed the assessment process as it has been established.
This project has been completed, and has provided the property owners with the improvements
that were planned for the area. While the present property owner's ob jections are understandable
and deserve recognition, these objections should not deter the completion of the improvement
process. The assessment process of the property owners in place when the project is completed
is the means that the City has established to pass the cost of the improvement onto the properties
and the owners of the property that derives the benefit from the improvement. Under state law,
and practically, there is no other way for the City to use the assessment process to cover the cost
of local improvements.
FINDINGS AND RECUMMENDATIUN
Notice of the public hearing was provided and all the property owners were given an opportunity
to participate in the hearings.
Property owners who will bear the cost for the proposed improvements were notified of the
planned November 17,1999, public hearing with the hearings official and the City Council
session to levy the final assessment. Letters informing property owners of the hearing and
anticipated Council action date and notification to property owners of the intent of the City to
characterize the assessment as an assessment, not a tax, as required by SRS 3~5.553~5}were
mailed to the property owners. Appropriate notice was given and the public hearing was
conducted in accordance with the relevant provisions of the Eugene Code.
The Hearings Officer finds that the project is one for which the assessments are for local
improvements as set forth in SRS 314.41 o because
1. The assessments do not exceed actual costs;
2. The assessments are imposed for a capital construction project that provides a
specific benefit for a specific property or rectifies a problem caused by a specific
property
STREET PAVING, CURBS, GUTTERS, SIDEWALKS WASTEWATER, ST4RMWATER, STREET LIGHTS
AND STREET TREES flN AVALGN STREET FOR 2,700 FEET WEST aF TERRY STREET
FINAL ASSESSMENT Page 3
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 the assessment with
interest over at least ten ~ 10} years.
The Hearings official also finds that the proposed final assessment, calculated and recommended
by the City Engineer is reasonable and lower than the estimated assessment at the time of the
formation of the LID. The Hearings Official also finds that the method of calculation of the area
to be assessed is consistent with the direction established by previous Council decisions and is
consistent with the language of the Eugene Code. The Hearings official recommends that the
Council actin accord with the City Engineer's recommendations, adopting an ordinance levying
the assessment as set forth by the City Engineer.
Re pectfully submitted,
./~ ~ ~l_ C~.~..-
1Vl~ilo Mecham
Hearings Official
Dated: November 29,1999
STREET PAVING, CURBS, GUTTERS, SIDEWALKS WASTEWATER, STORMWATER, STREET LIGHTS
AND STREET TREES oN AVALQN STREET FoR 2,70o FEET WEST of TERRY STREET
FINAL ASSESSMENT Page 4
Exhibit A
MINUTES
Final Assessment
Paving, Curbs, Gutters, Sidewalks, wastewater, Stormwater, Street Lights and Street Trees Can
Avalon Street From Terry Street To 2,740 Feet West 0f Terry Street Job #3666
November 17,1999 Public Hearing
Hearings official Milo Mecham convened the hearing at 6:00 p.m. He described the
subject matter of the hearing and the procedures to be followed at the hearing. Present at the
hearing representing the City of Eugene was Principal Civil Engineer Michelle Cahill.
Ms. Cahill began the City's presentation by providing a brief description of the project and
its history. The City Engineer initiated this project in 1998, in response to irrevocable petitions.
The local improvement district was formed in July, 1998. Construction was initiated and has been
completed as planned. Ms. Cahill explained that notice of the proposed assessment had been sent
to all property owners within the local improvement district. As a result of the notice and
subsequent contacts, City staff discussed the proposed assessment in more detail with eight
property owners. City staff also received comments from a realtor, representing one of the
property owners.
Ms. Cahill described City staff's conversations with a developer named Art Picullel. Mr.
Picullel was the developer who initiated the development and submitted the irrevocable petition.
Mr. Picullel informed the City that he believed that he was not legally obligated to pay any of the
proposed assessments. Mr. Picullel also stated he plans to pay the City $4,500 for each property
within his development that was subject to the assessment. Ms. Cahill indicated that this was not
an agreement to pay the entire amount of the proposed assessment. The proposed assessments for
properties within the Picullel development range from $4,500 to over $7,000.
Ms. Cahill also explained that Mr. Picullel wanted the properties to be given credit for the
proposed improvement design work that Mr. Picullel had submitted to the City. Ms. Cahill
acknowledged that the design work had been submitted to the City, but she explained that the City
had not been able to make use of the design. For that reason, the City was not able to provide the
credit requested by Mr. Picullel. Ms. Cahill did point out that the engineering costs included in the
proposed assessment were based on the actual staff costs for design and construction of the project.
Ms. Cahi11 also described questions raised by some property owners concerning the notice
provided to persons purchasing the properties within the local improvement district. Ms. Cahill
indicated that the most common question concerned the information provided to purchasers in
documents such as the escrow agreements. Ms. Cahill explained that the City had attempted to
inform realtors and others of the existence of the local improvement district by posting the
information on-line and other places where realtors and others with the motive to inquire might be
able to learn of the local improvement district.
Minutes -November 17,1999 Public Hearing Page 1
Ms. Cahill described the project. The project included the construction of a street and street
paving, as well as the construction of sidewalks, street lights and, for some of the properties, a
wastewater and stormwater pipe. Ms. Cahill indicated that the final step of the project, the
installation of street trees, would be completed this winter.
Ms. Cahill completed her description of the project and the proposed assessment by
describing the proposed assessment. The assessment for the street construction is proposed to be
$50.70 for each front foot of property along Avalon Street. The City is proposing to assess $14.51
for each front foot for sidewalk construction. The City is also proposing to assess one property a
lump sum of $21,085.75 for construction of a waste water and storm water pipe. Ms. Cahill
pointed out that, with the exception of the lump sum assessment, the actual proposed assessments
were less than the estimated assessments provided at the time of the formation of the local
improvement district. Ms. Cahill concluded by passing on the City Engineer's recommendation
that the assessments be approved as calculated.
Four members of the public, representing two families, were present to testify at the
hearing. The first member of the public to speak was Mr. Jackie Sprague, owner of property with
an address of 1417 Adelman Loop. Mr. Sprague indicated that his family had purchased the
property in July 1998. Mr. Sprague indicated that his family had not received any notification of
the local improvement district or the impending assessment until they received the letter about the
proposed final assessment. Mr. Sprague asked if the properties on the north side of Avalon Street
were to be assessed for the improvement of Avalon Street.
Ms. Cahill responded that the property on the north side of Avalon Street was included in
the proposed improvement district, and would be assessed along with other properties. Ms. Cahill
also indicated that the Spragues had purchased their property just after the local improvement
district had been formed. Ms. Cahill indicated that the City had sent notice to the property owner
of record at the time the local improvement district was formed, which was what was required by
the Eugene Code, and was the only information that the City had available.
Ms. Cahill also reminded the Spragues that in this instance the developer of their property
had promised to pay $4,500 for each of the properties in the development, including the Spragues'
property. Ms. Cahill indicated that the developer had indicated that he would pay the City the day
after the City levied the assessment. The hearings officer inquired about how the City expected to
deal with this promised payment. Ms. Cahill indicated that, if Mr. Picullel made the payment as
promised, the Engineering Division would work with the City Finance Department to make certain
that each of the property owners would be credited the amount of the payment.
Mr. Sprague asked about the area between their property and the street. Mr. Sprague
indicated that this area was steeply sloped and was isolated from their property by a fence. Ms.
Cahill indicated that the City recognized that more work was needed to finish this portion of the
project. The City was working with the contractor to place more soil in this area, and seed the
area. Ms. Cahill also indicated that it was City policy that, once the project was completed, it
would be the abutting property owner's responsibility to maintain the area between their property
Minutes -November 17,1999 Public Hearing Page 2
and the street. In response to another question, Ms. Cahill indicated that the proposed street trees
would be planted in the area between the sidewalk and the street.
The next member of the public to speak was Mr. Kevin Hicks, of 1341 Adman Loap. Mr.
Hicks indicated that he had spoken with Mr. Art Picullel concerning the assessment. Mr. Hicks
indicated that he was upset about being responsible for the assessment when the only notice of the
potential assessment was sent out to the previous owner. Mr. Hicks indicated that the escrow
papers that he had signed did not give any indication that he would be responsible for any
assessments.
Mr. Hicks also had some specific questions about his property. Mr. Hicks asked about the
property line at the corner of his lot, which formed the corner at the street intersection, and a pipe
that was apparently installed on his property. Ms. Cahill discussed these matters with Mr. Hicks,
providing some information, and offering to provide mare later.
Mr. Hicks produced his escrow papers, and read portions of them. After a discussion of
some of the terms, Ms. Cahill, Mr. Hicks and the hearings official agreed that the documents did
not provide any mention of the pending assessment, nar any guarantee that the developer would
provide support for later payment of an assessment.
Mr. Hicks expressed his dissatisfaction with the process. He testified that his family had
carefully budgeted when the made the decision to buy this house, and that the proposed assessment
was a rude shock that overturned their planning. As much as the amount of the proposed
assessment, Mr. Hick indicated that he objected to the unfairness of the process that allowed
homeowners to purchase property subject to the assessment without notice.
Ms. Cahill responded that the City had been making attempts to provide notice. In addition
to notifying the property owner at the time the local improvement district was setup that the
assessment would be made later, the City attempted to provide notice and information to real estate
agents, title companies and others who might be able to pass the word along to prospective buyers.
Ms. Cahill also explained that the City must look to the property owner at the time the assessment
is made, and that any owner claim against the developer or previous owner is a civil matter.
Mr. Hicks and Mr. Sprague mentioned that another problem they had with the proposed
assessment is that Avalon Street is of little use to their property. They explained that their street
access is to Adelman Loop. Ms. Cahill acknowledged that the properties along this section of
Avalon street da have their primary access to Adelman Loop. However, Avalon does provide
alternate access to each of the properties, and the improved street increases emergency access to
the development. Mr. Sprague also indicated that he wished that the improvements had been made
more quickly. He indicated that the street lights which had just been turned an might have been
mare useful earlier in the year when there had been problems with people racing up and down
Avalon and parking at the end of the street. Ms. Cahill acknowledged that the improvements
might help deal with such problems, and explained that the improvements had been made as
quickly as possible.
Minutes -November 17,1999 Public Hearing Page 3
The meeting broke up with the participants sharing information about the neighborhood
and obtaining from the City copies of the development plat and the list of persons affected by the
proposed assessment from Ms. Cahill.
There being no further questions or testimony, the hearing concluded at 6:4o p.m.
Minutes -November 17,1999 Public Hearing Page 4
November 17,1999
TO: Hearings official
FROM: Les Lyle, City Engineer
SUBJECT: PAVING, CURBS, GUTTERS, SIDEWALKS, wASTE'~VATER,
STORM'L~VATER, STREET LIGHTS, AND STREET TREES ON AVALON
STREET FROM TERRY STREET TO 2,7~U FEET-WEST OF TERRY
STREET ~ CONTRACT #95-17} JOB #3G6G}
BACKGROUND
This improvement prof ect was initiated as a result of a irrevocable petitions signed as a condition of
development Sections 9.0333}and 9.0403}} that has occurred adjacent to Avalon Street.
The City Engineer initiated the project, on April 30,1998, as provided for in the Eugene Code
7.1608} and the City Council formed the Local Improvement District SLID} on July 27,1998. The
project has been completed, and final assessment costs have been calculated. The property owners
were notified of the pending assessment hearing ten X10} days prior to the hearing as required by
Municipal Code.
CORRESPONDENCE
City staff have been contacted by eight ~8}property ownerslinterestedporties. The majority of the
property owners concerns were the cost of the improvements. ~n November 15,1999, the City
received a fax see attached letter} from Nancy Sato, Associate Broker with Curtis Irving Realty
representing Mrs. Christian Peterson, Tax Lot # 17-04-20-41-00700. Mrs. Peterson's concerns were
the costs of the improvements were too high and that her property does not have direct access from
Avalon Street. She also stated that she will only pay $4,500.00 of the $5,253.22 assessment. The
estimate of the assessment at the time the LID was formed was $5,613.30 six percent higher than
proposed final assessment} so staff does not support the reduced assessment she proposes.
Mr. Art Picullel was the developer of Blair Commons on the south side of Avalon Street. ~n
November 17,1999 he indicated to staff that while he is not legally obligated to pay anything for
assessments to lots in Blair Commons he intends to pay the City $4,500 far each of the 12 lots in the
development that are adjacent to Avalon Street. The proposed assessments for these lots range from
$4,500.53 to $7,096.48
On November 17,1999 Mr. Picullel also stated that at the time he petitioned the City to improve
Avalon Street he also submitted a design far a % street improvement. He also paid engineering fees
for that design. Mr. Picullel asked for a credit in the proposed final assessments for Blair Commons
to offset his expenses. The City reviewed the design and determined that the physical conditions
had changed significantly and another design would better meet the needs of the community, so the
city did not use the % street design. However, engineering charges for the assessment are based on
actual staff time spent on the project. we do not support a modif cation to the proposed assessment
Mr. Kevin Hicks owner of tax lot 17-04-20-41-00100 purchased property in Blair Commons
Subdivision in January 1999. He stated there was no indication in his escrow documents that there
would be an assessment forthcoming when he purchased the property. City records indicate a notice
of potential assessment was posted on a on-line information source available to title companies for
this tax lot when the LID was formed in July of 199$.
Staff has discussed these concerns with the property owners and one person has requested to speak
at the hearing.
PROJECT DESCRIPTION
The project included street paving and construction of sidewalks, wastewater and stormwater
systems, street lights, and street trees.
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, 60.5 percent of the improvement costs will be distributed to the abutting property
owners with the balance financed by the City. Below are the final unit assessable costs.
20' Paving $ 50.701 front foot
Sidewalks $ 14.511front foot
waste & Stormwater Pipe $ 21,085.751Lump Sum Tax Lot #17-04-20-14-00200}
Cost to City: $210,594.47 intersection, street lights, storm drain, over width paving}.
Costs listed below are the estimated assessment costs calculated from the low bid:
20' Paving $ 52.001front foot
Sidewalks $ 17.301front foot
wastewater Pipe $11,860.OOILump Sum (Tax Lot #17-04-20-14-00200}
Cost to City: $237,000.00 intersection, street lights, storm drain, over width paving}.
REC~MMENDATIUN
The final improvement costs are lower than those quoted at the local improvement hearing and are
comparable to prof ects of similar size. The cost for Tax Lot 17-04-20-14-00200 is higher due to
additional facilities provide to the parcel at the request of the property owners engineer. Staff
recommends approval of the assessment as calculated and that the Council levy the final
assessment.
Page 2
~ uu~,
56fl COiJNTRY CLEJ6 PKWY,, #200
EUGENE, QR 97x01
BUS. ~~f ~ 338.3200
F~ ~54~ ~ 338-3299
CURTIS IRVING
REALTI; INC.
November 14, 1999
Ta : ~~ ty of Eugene
City Engineer
Public Works gepartment
Z44 E. Broadway, Eugene, Or 91401
Re:Accaunt # 19980017-0150
Lot 18, Bla~.r Commons
Address: i5Z0 & i5ZZ Cawing Way
TAIl~s # 151~Z61
dear 5i rs;
I have the listing an the property mentioned above and with the authori~atfon of I~rs
Christian Peterson who resides in Honolulu, Hawaii I am writing to you.
Mrs Peterson feels that the total assessment of ~5,Z83,ZZ is much too htigh for the
improvement described. In addition, her property does not have a direct access from
Avalon Street but to have to put up with the noise of the traffic an Avalon Street in
the years tv come as the north side becomes developed.
Her decis~.on to self the property derives from the fact that her husband has had
serious Illnesses for a number, of years and now is Ina nursing home costting Mrs
Peterson in the excess of $9,000 per month. That together with the unfavorable
rental history of the duplex has not been easy for her financially.
As per my telephone conversation with her today, she agrees to pay up to $4,500.00
and no a penny, more far the assessment.
Your consideration to this matter is greatly appreciated.
Yours sincerely,
.f1
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Nancy Sata, SRI
Associate Broker
4ac~ office ~s ~7cepe~den~Iy awned end ~~~ra~e~.
EHA~iMAMS
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