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HomeMy WebLinkAboutOrdinance No. 20311 COUNCIL ORDINANCE NUMBER 2031 COUNCIL BILL NUMBER 4869 AN ORDINANCE LE'V~iNG ASSESSMENTS FOR PAVING, CONSTRUCTING CURBS, GUTTERS, SIDEWALKS, MEDIAN, PARKING BAYS, STREET LIGHTS, STREET TREES, AND STORM WATER DRAINAGE SYSTEM ON LONE OAK DRIVE FROM DIVISION AVENUE TO 250 FEET EAST OF LONE OAK WAY; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE, (CONTRACT 2004-08 (JOB~4058) ADOPTED: March 8, 2004 PASSED: 6/2 REJECTED: OPPOSED: Bettman, Taylor ABSENT: EFFECTIVE DATE: March 8, 2004 ORDINANCE NO. 20311 AN ORDINANCE LEVYING ASSESSMENTS FOR PAVING~ CONSTRUCTING CURBS, GUTTERS, SIDEWALKS, MEDIAN, PAPd4kING BAYS, STREET LIGHTS, STREET TREES, AND STORM WATER DRAINAGE SYSTEM ON LONE OAK DR~VE FROM DIVISION AVENUE TO 250 FEET EAST OF LONE OAK WAY; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE. (CONTRACT 2004-08) (,lOB #4058) The City Council of the City of Eugene finds that: On the 15th day of July, 2002, based on the findings issued by the City Engineer, pursuant to Section 7.160(8) of the Eugene Code, 197 l s the City Engineer initiated the proposed local improvements consisting of paving, constructing curbs, gutters, sidewalks, median, parking bays, street lights, street trees, and storm water drainage system on Lone Oak Drive from Division Avenue to 250 feet east of Lone Oak Way. After due notice and a public hearing before the hearing official on July 9, 2003, the City Council formed the Local Improvement District and authorized construction of the local improvement on the 12th day of August 2002. The actual cost of the local improvement is ascertained to be S213,597.60, 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 ("E~C?') 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 public hearing on the ordinance~ as required by Section 28(2) of the Eugene Charter of 2002, was scheduled before the hearing official as authorized by Section 2.007(4) of the Eugene Code, 1971, on February 18, 2004. A notice containing the information required by E.C. 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 more than ten days pr/or to the Ordinance scheduled public hearing before the hearing official. At the time and place specified therein, the heatings official considered the assessment report of the City Engineer and Finance Officer and the testimony and evidence presented at the hearing. 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. 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 hereby made a part of the Council's record in these proceedings, and the hearings official's findings, including those regarding compliance with EuC. 7.160 to 7.190, attached hereto as Exhibit B and incorporated herein by reference, are hereby adopted. Section 2. The actual assessable cost of the local improvement comprised of paving, constructing curbs, gutters, sidewalks, median, parking bays, street lights, street trees, and storm water drainage system on Lone Oak Drive from Division Avenue to 250 feet east of Lone Oak Way is $107,182.35 which 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 Officer 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 Ordinance - 2 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 twenty semi-annual installments, including pnncipal 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 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 unknox~m; and 5.3 The sum assessed upon said property, the amount and date from w?fich 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 E.C. 7.190 and enclose therewith an application for paying the assessment in ~nstallments 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. Ordinance - 3 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 a~void increased interest costs and conserve limited City resources. Therefore, 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 readoption over a Mayoral veto by two-thirds of all members of the City Council. Passed by the City Council this Approved by the Mayor this 8th day of March, 2004. 8th day of March, 2004. City~order ~/' Mayor / / Ordinance - 4 Exhibit A ASSESSMENT DISTRIBUTION PAVING, CURBS, GUTTERS, SIDEWALKS, MEDIAN, PARKING BAYS, STREET LIGHTS, STREET TREES, AND STORM WATER DRAINAGE SYSTEM ON LONE OAK DRIVE FROM DIVISION AVENUE TO 250 FEET EAST OF LONE OAK WAY. (CONTRACT #2004-08) (JOB #4058) ASSESSABLE: 3 PROPERTIES AT THIS TIME $107,182.35 0 PROPERTIES ARE ONHOLD $ 0.00 TOTAL ASSESSMENT FOR 3 PROPERTIES $107,182.35 CITY SHARE: CITY PAVING $ 64,513.28 CITY STORM $ 41,901.97 TOTAL CITY SHARE: $106,415.25 TOTAL COST OF PROJECT: $213,597.60 Exhibit B FINDINGS AND RECOMMENDATIONS SUBJECT: PROPOSED FINAL ASSESSMENT FOR PAVING, CURBS AND GUTTERS~ SIDEWALKS~ MEDIAN, PARKING BAYS, STREET LIGHTS, STREET TREES~ AND STORM WATER DRAINAGE SYSTEM ON LONE OAK DRIVE FROM DIVISION AVENUE TO 250' EAST OF LONE OAK WAY (JOB #4058) (CONTRACT 2004-08) BACKGROUND The area around Division Avenue is a mix of developed and developing properties. A major commercial center (Santa Clara Square) is already developed, and behind this center there is a smaller, developing residentially focused area. Lone Oak Drive is a transition area for this mix. Lone Oak Drive connects with Division Avenue at the edge of Santa Clara Square, just across Division Avenue from the Fred Meyers store. Prior to this improvement project, Lone Oak Drive was only developed as What is commonly known as a "half street." In the case of Lone Oak Drive, the south half of the Drive from Division Avenue to the cross street (Lone Oak Way) was developed but the north half of the street was undeveloped. This created difficulties for travelers, especially pedestrians, such as those from the Lone Oak Retirement Center, because these residents must travel along the street to get to Division Avenue and the shopping located there. The project was initiated after property owner petitions for the improvements. After receiving the petitions, the City Engineer initiated the project, as provided in Eugene Code Section 7.160(8). Bids were solicited and the property owners were notified concerning the proposed Local Improvement District (LID) and their opportunity to be heard on the matter. The City Council formed the Local Improvement District on July 28, 2003. Work has been completed and final costs have been calculated. The Eugene Code calls for action by the City Engineer, that the affected property owners be provided an opportunity for a hearing, and that after consideration of relevant information, the Eugene City Council determine whether the assessments associated with the LID should be levied against the benefiting properties. PROJECT The improvements bring Lone Oak Drive to urban standards for a local street from Division Avenue east to a point 250 feet past Lone Oak Way. The project constructed the remaining portion of the "half street" - the northern ten feet of width of Lone Oak Drive from Division Avenue to Lone Oak Way. Lone Oak Drive is now 30 feet wide from Division Avenue to Lone Oak Way, and 20 feet wide fbr the next 250 feet east. Street lights and street trees were installed all along the improved street, and sidewalks were constructed along developed properties. The project also included some special or notable design elements to increase the sustainability PROPOSED ASSESSMENT FOR PAVING, CURBS AND GUTTERS, SIDEWALKS, AND RELATED IMPROVEMENTS ON LONE OAK DRIVE Page 1 characteristics of the project. Where parking bays were installed, the pavement used in the parking bays was ~'pervious' pavement, which allows drainage water to pass tt-n'ough the pavement. This reduces stormwater runoff. The project also included the construction of stormwater detention facilities, which also controls and reduces the volume of runoft2 ASSESSMENTS Chapter 7 of the Eugene Code provides that the cost of public improvement projects such as the improvements to Lone Oak Drive should be spread among the benefinng property owners, with the City of Eugene absorbing a share of the costs. The City's share of costs come from the portions of the street lrr~provements that do not abut benefiting properties, such as intersections, as well as from the excess street capacity that may need to be installed, m~d for costs that the city has decided are necessary, but which do not prowde as large and direct a benefit as other costs which are assessed to property owners. In the case of Lone Oak Drive, the total project costs have been determined to b¢ $213,597.60. The City share of the project cost, pursuant to the directions in Eugene Code Chapter 7, ~s S106,415.25. The property owner assessable costs are divided among the properties either on at per lot basis, or on a per square foot basis, depending on the directions to Chapter 7 of the Eugene Code. The City Engineer has calculated that the assessable costs should be distributed as follows: Paving (per front foot) $ 65.96 Sidewalk (per square foot) $ 4.25 Storm Drain {per lot)ilots3800 & 104) $ 7,362.(~0 Parking Bays (per square foot) $ 4.75 Illumination (per lot) (lots 3800 & 104) $ 6,518.42 Street Trees (per lot) (lots 3800 & 104) $ 1,740 33 Total City Cost $ 106,415.25 Total Project Cost $ 213,597.60 Estimated Assessment At the time the LID was formed, the City Engineer developed a prediction concerning the cost of the LID. Based on the bid received the estimate was: Paving (per front foot) 5 80.89 per Front Foot Parking Bays $ 4.80 per Sqttare Foot Sidewalk and driveways $ 4.24 per Square Foot Street Lights $ 6,673 per lot Street Trees $1.974 per lot PROPOSED ASSESSMENT FOR PAViNG, CURBS AND GUTTERS, SIDEWALKS, AND RELATED IMPROVEMENTS ON LONE OAK DRIVE Page 2 Storm Drain $ 7,430 per lot Estimated total Project Cost $ 213,409.06 Estimated City share $ 94,841.56 PUBLIC INVOLVEMENT This project was started because of property owner petitions. After notice of the proposed assessment and proposed public hearing was sent, the City' Engineer's office received several comments concerning the proposed assessment. Those comments are summarized in the City Engineer's report. No persons requested an opportunity to have a public hearing on the proposed assessments. FINDINGS AND RECOMMENDATION Notice of the public hearing was provided and all the property owners were given an opportunity to participate in the hearings. Appropriate notice was given of the public hearing and the availability of the proposed ordinance for LID assessment, as required by the Eugene Charter and Code. Letters infbrming property owners of the hearing and notification to property owners of the intent of the City to characterize the assessment as an assessment, not a tax, as required by ORS 305.583(5), were mailed to the property owners. The overall cost of the project was almost exactly what was estimated, and the assessable costs were reduced from what was estimated in 2003. The Hearings Officer finds that the project is one for which the assessments are for local improvements as set forth in ORS 310.410 because 1. The assessments do not exceed actual costs; The assessments are imposed for a capital construction project that provides a specific benefit fbr a specific property or rectifies a 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 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 consistent with the Eugene Code. The Hearings Official recommends that the Council act in accord with the City Engineer's recommendations, adopting PROPOSED ASSESSMENT FOR PAVING, CURBS AND GUTTERS, SIDEWALKS, AND RELATED IMPROVEMENTS ON LONE OAK DRIVE Page 3 the ordinance prepared for the public hearing, levying the assessment as set forth by the City Engineer. Respectfully submitted, Milo Mecham Hearings Official Dated: March 1,2004 PROPOSED ASSESSMENT FOR PAVING, CURBS AND GUTTERS, SIDEWALKS, AND RELATED IMPROVEMENTS ON LONE OAK DRIVE Page 4 Exhibit C