HomeMy WebLinkAboutItem 4: Ordinance Levying Assessments for Elmira Road
ECC
UGENE ITY OUNCIL
AIS
GENDA TEM UMMARY
Action: Approval of Minutes, Findings and Recommendations from the Hearings
Official Adoption of an Ordinance Levying Assessments for Paving, and
and
Constructing Curbs, Gutters, Sidewalks, Street Lights, Stormwater Drainage, and
Water Quality Facilities on Elmira Road from Bertelsen Road to Maple Street and on
Maple Street from Elmira Road to Roosevelt Boulevard; and Providing an Immediate
Effective Date (Contract 2009-18) (Job #4275)
Meeting Date: February 22, 2010 Agenda Item Number: 4
Department: Public Works-Engineering Staff Contact: Michelle Cahill
www.eugene-or.gov Contact Telephone Number: 541- 682-6855
ISSUE STATEMENT
The City Council is being asked to approve the Hearing Official’s Minutes, Findings and
Recommendations dated February 5, 2010; and adopt an ordinance levying assessments for paving
and constructing curbs, gutters, sidewalks, street lights, stormwater drainage, and water quality
facilities on Elmira Road from Bertelsen Road to Maple Street and on Maple Street from Elmira
Road to Roosevelt Boulevard.
This item has an immediate effective date. An immediate effective date requires a two-thirds
majority or six affirmative votes from the council to enact. Ordinances without an immediate
effective date do not take effect for 30 days. Without an immediate effective date, an additional 30
days of interest expense will accrue.
BACKGROUND
The City Council formed the Local Improvement District (LID) for this project on April 13, 2009.
Construction of the project has been substantially completed, estimated final costs have been
tabulated, and final assessment costs have been calculated. The property owners were notified of
the proposed assessments and the pending assessment hearing ten (10) days prior to the hearing as
required by Eugene Code.
The hearing regarding the proposed final assessment was held on February 2, 2010, to review the
final project cost, consider comments on the proposed assessments, and to provide evidence to be
included in the ordinance levying the assessments by the City Council. The Minutes, Findings and
Recommendations are exhibits to the attached Ordinance. The Hearings Official recommends the
assessment be levied as calculated.
The project was initiated by the council action on April 11, 2005, by adoption of the 2006 Capital
Improvement Plan and pursuant to Section 7.160(5) of the Eugene Code (EC), 1971. The
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preparation of plans and specifications, and the call for bids for construction of the local
improvements, are based on council action in April, 2005, pursuant to Section 7.160(5) of the
Eugene Code, 1971, bids were opened on March 242009, with Morse Bros. Inc. dba Knife River as
,
the low bidderThe property owners were notified of the public hearing regarding formation of the
.
proposed Local Improvement District (LID) and a hearing was held on April 2, 2009. Minutes,
Findings and Recommendations from the Hearings Official were forwarded to the Eugene City
Council in advance of their April 13, 2009, formation of the LID.
Additionally, on June 22, 2009, the Eugene City Council approved a plan to reduce the assessable
costs on three local improvement districts that were formed in 2009. (Crest Neighborhood Street
Improvement Project, Chad Drive Extension Project and Elmira Road/Maple Street Improvements
were the LIDs that benefitted from lower construction bids and budgeted funds that could be applied
to street improvements.) Elmira Road and Maple Street property assessable costs were reduced by
approximately $162,500 which resulted in a front-foot reduction of almost $17 per front-foot. At
that same meeting the Eugene City Council authorized modifications to the interim financing rate
and the finance period. Property owners who choose City Financing will be able to finance their
assessments for up to 15 years.
Correspondence and Communication
Since the Public Hearing on the Notice of Proposed Assessments, staff has been advised of one
property going into bankruptcy. Advice from legal counsel is that the City can still levy the
proposed assessment. No modifications are proposed for this situation.
Project
The street improvements consist of 24-foot-wide paving, curb and gutters, sidewalks, street lights,
and parking bays on Maple Street, and a stormwater drainage system with water quality facilities.
The project addressed the deteriorating roadway, improved safety for all modes, provided
stormwater quality and improved drainage conveyance. As requested by the property owners,
signage was provided on Elmira Road to alert bicyclists of the nearby Roosevelt Path. This signage
was to partially offset not constructing bike lanes with the improvements. The signs are located at
intersections on Elmira Road to direct travelers down side streets to the connections to the path. For
the curb-side sidewalk a six-foot- walk was constructed to allow additional safety from the travel
lane and lessen conflict with bicyclists on the sidewalk and pedestrians. Street trees will be planted
this winter and some modifications to the stormwater quality drainage swale will still take place in
the spring. Some operational issues are still under consideration. These include adding centerline
striping and removing the crosswalk closed “hitching post” signs.
Assessments
Costs were distributed per Eugene Code 7.175, and outlined in the council-adopted resolution forming
the LID.
Below are the final assessable unit costs:
Paving 10-foot (per front-foot) $ 72.08
Parking Bays on Maple Street (each property) $ 422.62
Sidewalk and drive aprons (per square-foot) $ 3.75
Total Assessable Cost $ 617,689.06
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T
Total City Cost: w/o Low Income Subsidy: $ 2,033,538.77
Low Income Subsidy $ 228,722.84
Advance-pay equivalent assessments $ 23,126.36
Delayed assessments $ 16,286.67
Total Project Cost $ 2,919,363.70
There are four tax lots that had previously paid an “equivalent assessment” for the road
improvement when the lots were developed as provided for in Eugene Code. The front-footage for
these lots was included in the computation for the assessable costs but the properties are not
included in the proposed assessments.
The delayed assessments may be collected later if any of the four partially developed lots further
develop. These lots are greater than 0.5 acre and have more than 100 feet of frontage; the delayed
assessment will be for the front-footage greater than 100 feet at a rate based on today’s rate but
indexed to construction costs.
Per Eugene Code, property owners of low-density residential zoning on a collector street were
assessed for a portion of the width and structure (depth) of the street, equivalent to a local street. For
a neighborhood collector the width is ten feet of paving. The City pays for the remaining paving
costs from System Development Charge (SDCs) funds. In addition, for collector streets, SDCs fund
the street light improvements, the extra width of sidewalk, and replacement of a connection to the
Roosevelt Path that was affected by stormwater improvements and street trees. Larger capacity
stormwater drainage improvements are paid for by the City Stormwater Funds. On this project the
existing wastewater pipes needed to be adjusted to avoid conflict with the new stormwater drainage
system and this work is funded out of the Wastewater Utility Fund.
Assessment financing, up to a 15-year payment plan through the City, is available to all property
owners within the improvement district as identified by Eugene Code, Chapter 7, and the adoption
of the proposed ordinance. In addition there are extension or deferral programs for qualifying
property owners.
The proposed assessments are considerably lower than the previous estimates. Based on the low bid
received, the costs listed below are the estimated assessment costs plus contingency calculated at the
time of the formation of the LID.
Paving 10-foot (per front-foot) $ 104.00
Parking Bays on Maple Street (each property) $ 550.00
Sidewalk and drive aprons (per square-foot) $ 4.30
Total Assessable Cost $ 1,201,560
Total City Cost: w/o Low Income Subsidy: $ 2,089,800
Total Project Cost $ 3,291,360
Low Income Subsidy
Of the 122 properties in the LID, owners of 48 properties qualify for a subsidy under the low-to-
moderate income subsidy program. This City-funded subsidy program is available to property
owners who occupy a single-family dwelling or duplex and meet other program criteria. The
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income levels for the subsidy program are based on the current Lane County Median Family
Income. The total cost for the low income subsidies is $228,722.84.
RELATED CITY POLICIES
The assessment costs were distributed as outlined in the council-adopted resolution forming the LID.
COUNCIL OPTIONS
Special assessment provisions adopted as part of the LID resolution cannot be modified during the
final assessment process if they result in increased costs to the property owners. The final assessment
hearing was to review the calculations to assure conformance with the requirements stated in the LID
resolution and the Eugene Code.
Per Section 7.187, the City Council can take the following actions:
1.Approve the February 5, 2010 Minutes, Findings and Recommendations of the Hearings Official,
and adopt the ordinance levying assessments.
2.If, after the review of the proposed assessment, the City Council determines that the assessments
should be increased, staff would be directed to publish a new notice and a public hearing must be
conducted. New findings would then be prepared for City Council adoption.
CITY MANAGER’S RECOMMENDATION
The City Manager recommends approval of the Minutes, Findings and Recommendations of the
Hearings Official and adoption of the ordinance levying assessments.
SUGGESTED MOTION
1.Move to approve the February 5, 2010, Minutes, Findings and Recommendations of the Hearings
Official.
2.Move to adopt an ordinance levying assessments for paving and constructing curbs, gutters,
sidewalks, street lights, stormwater drainage, and water quality facilities on Elmira Road from
Bertelsen Road to Maple Street and on Maple Street from Elmira Road to Roosevelt Boulevard;
and providing an immediate effective date.
ATTACHMENTS
A. Ordinance – including Hearings Official’s Minutes, Findings and Recommendations
FOR MORE INFORMATION
Staff Contact: Michelle Cahill
Telephone: 541-682-6855
Staff E-Mail: michelle.r.cahill@ci.eugene.or.us
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ATTACHMENT A
ORDINANCE NO. ________
AN ORDINANCE LEVYING ASSESSMENTS FOR PAVING AND
CONSTRUCTING CURBS, GUTTERS, SIDEWALKS, STREET LIGHTS,
STORMWATER DRAINAGE, AND WATER QUALITY FACILITIES ON
ELMIRA ROAD FROM BERTELSEN ROAD TO MAPLE STREET AND
ON MAPLE STREET FROM ELMIRA ROAD TO ROOSEVELT
BOULEVARD; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE.
(CONTRACT 2009-18) (JOB #4275)
The City Council of the City of Eugene finds that:
A.
This project was initiated by Council action on April 11, 2005, by adoption of the
2006 Capital Improvement Plan and pursuant to Section 7.160(5) of the Eugene Code, 1971
(EC). The preparation of plans and specifications and call of bids for construction of the local
improvements are based on Council Action on April 11, 2005 pursuant to EC 7.160(5). The local
improvements consist of paving and constructing curbs, gutters, sidewalks, street lights,
stormwater drainage and water quality facilities on Elmira Road from Bertelsen Road to Maple
Street and on Maple Street from Elmira Road to Roosevelt Boulevard.
B.
After due notice and a public hearing before the hearings official on April 2,
2009, the City Council formed the Local Improvement District and, on April 13, 2009,
authorized construction of the local improvement.
C.
The actual cost of the local improvement is ascertained to be $2,919,363.70, and
the amounts to be assessed to, and borne by, the specially benefited property, and the amounts to
be borne by the City or others, have been determined in accordance with applicable provisions of
the Eugene Code and as set forth in the attached Exhibit A, which is incorporated herein by
reference.
D.
The City Council has established the method of calculating local improvement
assessments in EC 7.170 and 7.175.
E.
On February 2, 2010, a public hearing on the ordinance, as required by Section
28(2) of the Eugene Charter of 2002, was held before the hearings official as authorized by EC
2.007(4) and 7.187. More than ten days prior to the scheduled public hearing before the hearings
official a, notice containing the information required by EC 7.185 was posted on a public bulletin
board at City Hall and given by certified mail to the owners of the parcels of real property
subject to the assessment. The hearings official considered the assessment report of the City
Engineer and Finance Officer and the testimony and evidence presented at the hearing.
F.
At least ten working days prior to the Council meeting, notice of the Council’s
consideration of this Ordinance was published in the Register Guard, and the Ordinance was
Ordinance - Page 1 of 3
posted on the City’s web site on the same date, as required by Section 28(1) of the Eugene
Charter of 2002.
G.
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 DOES ORDAIN AS FOLLOWS:
Section 1
. The hearings official’s summary is made a part of the Council's record in
these proceedings, and the hearings official's findings, including those regarding compliance
with EC 7.160 to 7.190, attached as Exhibit B, which is incorporated herein by reference, are
adopted.
Section 2
. The actual assessable cost of the local improvement comprised of paving, and
constructing curbs, gutters, sidewalks, street lights, stormwater drainage, water quality facilities,
on Elmira Road from Bertelsen Road to Maple Street and on Maple Street from Elmira Road to
Roosevelt Boulevard is $617,689.06, which is assessed against the parcels of property
hereinafter described on Exhibit C in the amounts set opposite, respectively.
Section 3
. The City Council hereby determines and assesses each lot and part of lot
within the described local improvement district as set forth on the assessment roll attached as
Exhibit C, which is incorporated herein by reference.
Section 4
. The City Council hereby determines that each parcel of land or lot described
above is specially benefited to the extent of the assessment set forth. The Finance Officer shall
give notice of the assessments to the owners of the assessed parcels and inform them that the
assessment may be paid in full, without interest, within ten days of the effective date of this
ordinance. Assessments that remain unpaid after the ten day period are declared to be liens upon
the respective lots, parts of lots or parcels of land against which said several amounts are
assessed, and may be paid, with interest on the unpaid principal amount commencing ten days
after the effective date of this ordinance:
4.1 In up to thirty semi-annual installments, including principal and interest at the
rate set by the City Manager as provided in EC 2.022 through 2.024.
4.2 If the property owner so elects, up to 180 monthly installments, including
principal and interest at the rate set by the City Manager as provided in EC 2.022 through
2.024 plus a service charge determined by the City Manager as provided in EC 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 benefited by the local
improvement;
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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 6
. Upon enactment of this ordinance, the City Finance Officer shall send notice
of the assessments by first class mail to the owners of the assessed parcels containing the
information required by EC 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 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
. An immediate effective date of this Ordinance is necessary to allow the City
to begin immediate collection of the assessments that will be used to pay the obligations the City
has incurred for this project. Enabling the City to begin collecting assessments will avoid
increased interest costs and conserve limited City resources. Therefore, this Ordinance shall
become effective immediately upon its passage by the City Council pursuant to Section 32(2) of
the Eugene Charter of 2002.
Passed by the City Council this Approved by the Mayor this
_____ day of _____________, 2010 _____ day of ________________, 2010
______________________________ ______________________________
City Recorder Mayor
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