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HomeMy WebLinkAboutOrdinance No. 20454COUNCIL ORDINANCE NUMBER 20454 COUNCIL BILL NUMBER 5028 AN ORDINANCE LEVYING ASSESSMENTS FOR PAVING AND CONSTRUCTING CURBS, GUTTERS, SIDEWALKS, MEDIANS, TRAFFIC SIGNAL, STREET LIGHTS, STREET TREES, STORMWATER DRAINAGE FACILITIES, STORMWATER WATER QUALITY BIOSWALES, WASTEWATER FACILITIES, AND RELATED IMPROVMENTS, ON CHAD DRIVE AND OLD COBURG ROAD FROM THE EAST END OF CHAD DRIVE TO NORTH GAME FARM ROAD; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE. (CONTRACT 2009 -27) (JOB #3923) ADOPTED: February 22, 2010 SIGNED: February 23, 2010 PASSED: 711 REJECTED: OPPOSED: Clark ABSENT: EFFECTIVE: February 23, 2010 ORDINANCE NO. 20454 AN ORDINANCE LEVYING ASSESSMENTS FOR PAVING AND CONSTRUCTING CURBS, GUTTERS, SIDEWALKS, MEDIANS, TRAFFIC SIGNAL, STREET LIGHTS, STREET TREES, STORMWATER DRAINAGE FACILITIES, STORMWATER WATER QUALITY BIOSWALES, WASTEWATER FACILITIES, AND RELATED IMPROVMENTS, ON CHAD DRIVE AND OLD COBURG ROAD FROM THE EAST END OF CHAD DRIVE TO NORTH GAME FARM ROAD; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE. (CONTRACT 2009 -27) (JOB #3923) The City Council of the City of Eugene finds that: A. This project was initiated by Council action on February 26, 2001, by adoption of the 2002 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, medians, traffic signal, street lights, street trees, stormwater drainage facilities, stormwater water quality bioswales, wastewater facilities, and related improvements, on Chad Drive and old Coburg Road from the east end of Chad Drive to North Game Farm Road. B. After due notice and a public hearing before the hearings official on May 27, 2009, the City Council formed the Local Improvement District and, on June 8, 2009, authorized construction of the local improvement. C. The actual cost of the local improvement is ascertained to be $2,505,190.76, 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. an February 3, 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 Hail 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. Ordinance - Page I of 3 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 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 7.1 90, 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, medians, traffic signal, street lights, street trees, stormwater drainage facilities, stormwater water quality bioswales, wastewater facilities, and related improvements, on Chad Drive and Old Coburg Road from the east end of Chad Drive to North Frame Farm Road is $ 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 ithin 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, in 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: Ordinance - Page 2 of 3 5.1 A description of each lot, part of lot or acreage specially benefited 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 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 thye Eugene Charter of 2002. Passed by the City Council this 22nd day of February, 2010 A -11A Act ng City Recorder Approved by the Mayor this 23rd day of February, 2010 k-a �/ 't 'aic 4z V. - - � - Mayor 0 Ordinance - Page 3 of 3 Exhibit A CITY OF EUGENE (PROD) PAGE: SPECIAL ASSESSMENT SYSTEM 93003923- CHAD DR. EXTENSION COBURG RD TO GAME FARM RD. PAVING, CURBS AND GUTTERS, SIDEWALKS, MEDIAN TRAFFIC SIGNAL, STREET LIGHTS, PROJECT LEGAL: STORMWATER DRAINAGE AND WATER QUALITY FACILITIES, ON CHAD DRIVE AND OLD COBURG ROAD FROM THE EAST END OF CHAD DRIVE TO NORTH GAME FARM ROAD. CONTRACT NUMBER: 2009--00027 JOB NUMBER: 93003923 ASSESSABLE: 7 SPENDING $80,268.66 19 ON HOLD $491,993.14 0 LIEN DEFERRED $0.00 ASSESSABLE TOTALS: 27 $572,261.80 CITY SHARE: CITY PAVING $1,715,330.78 CITY STORM $203 ■ 882.17 LOW INCOME SUBSIDY $13.716.01 CITY SHARE TOTALS: $1,932,928.96 TOTAL COST OF PROJECT: $21505,190.76 Exhibit B EUGENE HEARINGS OFFICIAL FINDINGS AND RECOMMENDATIONS SUBJECT: FINAL ASSESSMENT FOR IMPROVEMENTS FOR PAVING, CONSTRUCTING CURBS, GUTTERS, SIDEWALKS, MEDIANS, TRAFFIC SIGNAL, STREET LIGHTS, STREET TREES, STORMWATER DRAINAGE FACILITIES, STORMWATER QUALITY BIOSWALES, WASTEWATER FACILITIES, AND RELATED IMPROVMENTS, ON CHAD DRIVE AND OLD COBURG ROAD FROM THE EAST END OF CHAD DRIVE TO NORTH GAME FARM ROAD (JOB #3923) (CONTRACT 2009 -27) BACKGROUND This project was initiated by Council action on February 26, 2001, by adoption of the 2002 Capital Improvement Plan and pursuant to Section 7.160(5) of the Eugene Code (EC), 1971. 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 Section 7.160(5) of the Eugene Code, 1971. The City Council formed the Local Improvement District (LID) for this project on June 8, 2009. Construction of the project has been completed, final actual 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. Bids were opened on May 19, 2009, with Babb Construction Co. dba Delta Const. Co. and dba Delta Concrete as the low bidder. The property owners were notified of the public hearing regarding formation of the proposed LID and a hearing was held on May 27, 2009. 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, the Chad Drive Extension Project and the Elmira Road/Maple Street Improvements were the LIDS that benefitted from lower construction bids and budgeted funds that could be applied to street improvements.) Chad Drive Extension (Old Coburg Rd) assessable costs were reduced by approximately $63,658 that resulted in a front —foot reduction of $1 8.54 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 chose City Financing will be able to finance their assessments for 10 or 15 years. PROJECT DESCRIPTION The street improvements consisted of 44 -foot wide paving (two 11 -foot wide travel lanes, a center turn lane with landscaped medians, and two 5 -foot wide bike lanes) with curbs and Findings and .Recommendations for Final Assessment — Job 3923 Page I Based on the low bid received, the costs listed below were the estimated assessment costs plus contingency calculated at the time of the formation of the LID. Paving 10 -foot (per front foot) $116.11 Paving 7 -foot (per front foot) $81.28 Sidewalk and drive aprons (per square foot) $6.17 Wastewater (per square foot) $0.41 Wastewater service (per each) $3,317.45 Total Estimated Assessable Cost $ 635,963.37 Total Estimated City Cost: w/o Low Income Subsidy: $ 1,830,375.50 Total Estimated Project Cost $ 2,466 The total project costs increased from the estimated total project costs due to additional road base needed for the project and additional administrative costs associated with the federal funding. LOW INCOME SUBSIDY Of the 13 properties in the LID, two owners 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 total cost for the low— income subsidies is $13,724.32 RECOMMENDATIONS The City Engineer has provided the Hearings Official with an assessment report that outlined the above information and that recommended approval of the assessment as calculated. A public hearing regarding the proposed assessment was held on February 3, 2010. The minutes of this hearing are attached to these Findings and Recommendations. as Exhibit "A." No members of the public testified at this hearing. Based upon the information provided by the City Engineer's office at the February 3, 2010 public hearing, the Hearings Official finds that the final improvement costs proposed to be assessed are less as those quoted at the local improvement hearing and are comparable to or lower than projects of similar size. 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; (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. Findings and Recommendations for Final Assessment -- Job 3923 Page 3 EXHIBIT A HEARINGS OFFICIAL MINUTES SUBJECT: PROPOSED FINAL ASSESSMENT FOR IMPROVEMENTS FOR PAVING, CONSTRUCTING CURBS, GUTTERS, SIDEWALKS, MEDIANS, TRAFFIC SIGNAL, STREET LIGHTS, STREET TREES, STORMWATER DRAINAGE FACILITIES, - STORMWATER QUALITY BIOSWALES, WASTEWATER FACILITIES, AND RELATED IMPROVMENTS, ON CHAD DRIVE AND OLD COBURG ROAD FROM THE EAST END OF CHAD DRIVE TO NORTH GAME FARM ROAD (JOB #3923) (CONTRACT 2009.27) This project was initiated by Council action on February 26, 2001, by adoption of the 2002 Capital Improvement Plan and pursuant to Section 7.160(5) of the Eugene Code (EC), 1971. 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 Section 7.160(5) of the Eugene Code, 1971. The City Council formed the Local Improvement District (LID) for this project on June 8, 2009. A public hearing regarding this project was held on February 3, 2010 at 6:00 p.m. in the Buford Conference Room in the Park Building, 859 Willamette Street, Eugene, Oregon. Hearing Official Gary Darnielle presided. Mr. Darnielle explained the nature of the public hearing and the procedures that were to be followed and noted that his job was to listen to the testimony offered at the hearing and to create a set of findings of fact and recommendations and a set of minutes of the hearing that would be forwarded to the Eugene City Council. A staff presentation was made by Paul Klope, Principal Civil Engineer. Mr. Klope explained that the project was identified in Transplan, the Willakenzie Refinement Plan, and was initiated by Council action in 2001 through the adoption of the 2002 Capital Improvement Plan. City Council formed the local improvement district to build the project on June 8 2009. He noted that construction of the project has been completed and included street paving with two travel lanes, a center turn lane with planted medians, two 5 -foot bike lanes, sidewalk on both sides of the street, curb and gutter, storm drainage system with storm water quality facilities, wastewater system, street trees, street lights, and a traffic signal. Mr. Klope observed that final project costs have been tabulated and final assessments were calculated based on these final costs and the City of Eugene Code. The final assessable costs reflect a special subsidy from City Council approved on June 22, 2009 which will be applied to the this project as well as the Crest Drive LID and the Elmira- Public Hearing Minutes of February 3, 2010 Job #3323 Page 3 of 3 City. Assessments can be paid over time through a 10 year or 15 year financing program offered by the City, and can be paid off in full at any time. Delayed street assessments are due when the property further develops. On —hold wastewater assessments are due when the property connects to the wastewater line. Mr. Klope concluded by observing that the assessment costs are in accordance with Eugene Code and noting that staff recommends approval of the final assessments as calculated and that the Council levy the final assessments. Mr. Darnielle opened up the hearing to public testimony at 6:20 pm. Kenneth and Linda Gentry of 3556 Mahlon Avenue in Eugene were present at the hearing and owned property within the Chad Drive LID but declined the opportunity to testify. There being no public testimony Mr. Darnielle closed the public hearing at 6:21 p.m. Since mailing the Notice of Proposed Assessments, City staff have received no phone calls and no e- mails from property owners regarding the process to final assessment, cost calculations, financing of the costs and details about construction. As of noon, February 2, 2010, no property owners have indicated they will be attending the hearing. No written correspondence has been received. PROJECT. The street improvements consisted of 44 -foot wide paving (two 11 -foot wide travel lanes, a center turn lane with landscaped medians, and two 5 -foot wide bike lanes) with curbs and gutters, concrete walks on both sides of the street, street lights, street trees, wastewater facilities, and storm water drainage system with storm water quality facilities. The project also included a traffic signal at North Game Farm Road. This project improved safety and connectivity for all modes of transportation, provided storm water quality treatment and improved drainage conveyance. Attached is a map showing the limits of the project and the properties to be assessed (see Attachment A). ASSESSMENTS Costs were distributed per Eugene Code 7.175, and outlined in the Council adopted Hearings Official findings and recommendations, and resolution forming the LID Below are the final assessable unit costs: Paving 10 -foot (per front foot) $98.08 Paving 7 -foot (per front foot) $63.09 Sidewalk and drive aprons (per square foot) $5.67 Wastewater (per square foot) ° $0.36 Wastewater service (per each) $2,924.61 Total Final Assessable Cost $ 572,261.80 Total Final City Cost: $ 1 Total Final Project Cost $ 2,505,190.76 These final assessment and project costs reflect a minor reduction from the letters sent out providing notice to the property owners of the assessment due to a reimbursement from EwEB for water valve adjustments. The non - assessable City share for this project will be funded primarily from Transportation SDC's, Storm water SDC's and STP -U funding from the Federal Highway Administration. The Transportation SDC portion is $1,715,330.78 and the Storm SDC portion is $203,8$2.17. The STP -U funding from the Federal Highway Administration will reimburse the City funds up to $695,000 of eligible costs. The non - assessable costs that the City pays for include the additional width of paving, intersections, medians, bike lanes, street lights, traffic signal, street trees, and non - assessable storm drainage system costs. Based on the low bid received, the costs listed below were the estimated assessment costs plus contingency calculated at the time of the formation of the LID. Paving 10 -foot (per front foot) $116.11 Paving 7 -foot (per front foot) $81.28 Sidewalk and drive aprons (per square foot) $6.17 Wastewater (per square foot) $0.41 Wastewater service (per each) $3,317.45 Total Estimated Assessable Cost $ � 635 Total Estimated City Cost: w/o Low Income Subsidy: $ 1,83 0,3 75.50 Total Estimated Project Cost $ 2,466 The total project costs increased from the estimated total project costs due to additional road base needed for the project and additional administrative costs associated with the federal funding. ISO &��1MI1 T MU Of the 13 properties in the LID, two owners 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 total cost for the low income subsidies is $13;716.01 Assessment costs are calculated in accordance with Eugene Code. 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V � J F- CO 020' 10J 11V3WSS38Stl EZ8E1E Exhibit C CITY OF EUGENE PACE: I... SPECIAL ASSESSMENT SYSTEM ASSESSMENT ROLL FROM SPA (FINAL) 93003923 w CHAD DR. EXTENSION COBURG RD TO GAME FARM RD. MASTER PROJECT #: 2009 -00027 CONTRACT #: 2009 00027 JOB #: 93003923 PAVING, CURBS AND GUTTERS, SIDEWALKS, MEDIAN, TRAFFIC SIGNAL STREET LIGHTS, PROJECT LEGAL DESCRIPTION STORMWATER DRAINAGE AND WATER QUALITY FACILITIES, ON CHAD DRIVE AND OLD COBURG ROAD FROM THE EAST END OF CHAD DRIVE TO NORTH GAME FARM ROAD. 3 TAXLOT SEQ # ACCOUNT STATUS OWNER 17031500 00900 000 0130 PENDING GENTRY LINDA J HARMON LARRY G & GREGORY 3556 MAHLON AVE EUGENE OR 97401 PROP. DESCR.: 2009 -- 027919 IMPROVEMENTS: AMOUNT SIDEWALK /DRIVE APRON $2,834.77 STREET IMPROVEMENTS $9 ■ 807.63 i TOTAL ACCOUNT IMPROVEMENT: $12 ■ 642.40 TAXLOT SE ACCOUNT STATUS OWNER 17031641 00800 000 0070 PENDING BERRY CATHERINE N BERRY CHARLES R & STEVEN C 89350 OLD COBURG RD 'EUGENE OR 9740$ PROP. DESCR.: R1635/9025303 IMPROVEMENTS: AMOUNT SIDEWALK /DR.IVE APRON $472.46 STREET IMPROVEMENTS $1 ■ 051.54 TOTAL ACCOUNT IMPROVEMENT: $1 ■ 524.00 TAXLOT S_EQ # ACCOUNT STATUS OWNER 17031641 00900 000 0050 PENDING' ZACORN LLC PO BOX 10167 EUGENE OR 97440 PROP. DESCR.: 82431/9847346 IMPROVEMENTS: AMOUNT SIDEWALK/DRIVE APRON $2 STREET IMPROVEMENTS. $6,309.24 TOTAL ACCOUNT IMPROVEMENT: $9,144.01 TAXLOT SE # ACCOUNT STATUS OWNER 17031641 01002 000 0040 PENDING VAN JUDITH C TRUST 1021 E NORWOOD MESA AZ 85203 PROP. DESCR.: 2004 - 086425 IMPROVEMENTS: AMOUNT SIDEWALK /DRIVE APRON $944.92 STREET IMPROVEMENTS $2 TOTAL ACCOUNT IMPROVEMENT: $3,098.00 CITY OF EUGENE PAGE: 2 SPECIAL ASSESSMENT SYSTEM ASSESSMENT ROLL FROM SPA (FINAL) 93003923- CHAD DR. EXTENSION COBURG RD TO GAME FARM RD. TAXLOT SEQ # ACCOUNT STATUS OWNER 17031641 01700 000 0080 PENDING GJS LAND CO LLC PO BOX 10167 EUGENE OR 97440 PROP. DESCR.: 2004 - 058044 IMPROVEMENTS: AMOUNT SIDEWALK /DRIVE APRON $2,622.17 STREET IMPROVEMENTS $9,072.06 TOTAL ACCOUNT IMPROVEMENT: $11,694.23 TAXLOT SEQ # ACCOUNT STATUS OWNER 17031642 05400 000 0060 PENDING GJS LAND CO LLC PO BOX 10167 EUGENE OR 97440 PROP. DESCR.: 2008-001057 IMPROVEMENTS: AMOUNT SIDEWALK /DRIVE APRON $1,417.39 STREET IMPROVEMENTS $3.154.62 TOTAL ACCOUNT IMPROVEMENT: $4,572.01 TAXLOT SEQ # ACCOUNT STATUS OWNER 17031644 00700 000 0010 PENDING 3500 CHAD DRIVE LLC GUARD PUBLISHING CO. PO BOX 10188 EUGENE OR 97440 PROP. DESCR.: 82199/9651008 IMPROVEMENTS: AMOUNT SIDEWALK /DRIVE APRON $8,440.82 STREET IMPROVEMENTS $29,203.19 TOTAL ACCOUNT IMPROVEMENT: $37,644.01 SUMMARY OF IMPROVEMENTS: .SIDEWALK /DRIVE APRON $19,567.30 STREET IMPROVEMENTS $60.701.36 TOTAL $80,268.65