HomeMy WebLinkAboutOrdinance No. 20366
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COUNCIL ORDINANCE NUMBER 20366
COUNCIL BILL NUMBER 4925
AN ORDINANCE LEVYING ASSESSMENTS FOR
IMPROVEMENTS CONSISTING OF PAVING, CURBS,
GUTTERS, SIDEWALKS, LANDSCAPE MEDIANS, STREET
LIGHTS, STREET TREES, WASTEWATER, AND STORM
WATER DRAINAGE ON 3RD AND 4TH AVENUES BETWEEN
PEARL STREET AND LINCOLN STREET, NORTH OF THE
SOUTHERN PACIFIC RAILROAD AND SOUTH OF
SKINNER BUTTE PARK; AND PROVIDING AN IMMEDIATE
EFFECTIVE DATE. (CONTRACT 2006-04) (JOB #3827)
ADOPTED: May 8, 2006
PASSED: 8:0
REJECTED:
OPPOSED:
ABSENT:
EFFECTIVE: May 9, 2006
ORDINANCE NO. 20366
AN ORDINANCE LEVYING ASSESSMENTS FOR IMPROVEMENTS
CONSISTING OFPAVIN~ CURBS, GUTTERS, SIDEWALKS, LANDSCAPE
MEDIANS, STREET LIGHTS, STREET TREES, WASTEWATER, AND
STORM WATER DRAINAGE ON 3RD AND 4TH AVENUES BETWEEN
PEARL STREET AND LINCOLN STREET, NORTH OF THE SOUTHERN
PACIFIC RAILROAD AND SOUTH OF SKINNER BUTTE PARK; AND
PROVIDING AN IMMEDIATE EFFECTIVE DATE. (CONTRACT 2006-04)
(JOB #3827)
The City Council of the City of Eugene finds that:
A. On the 24th day of February, 2003, the City Council, by motion duly passed, initiated
the proposed local improvements consisting of paving, curbs, gutters, sidewalks, landscape medians,
street lights, street trees, wastewater, and storm water drainage on 3rd and 4th Avenues between Pearl
Street and Lincoln Street, north of the Southern Pacific Railroad and south of Skinner Butte Park.
B. After due notice and a public hearing before the hearing official on June 20, 2005, the
City Council formed the Local Improvement District and authorized construction of the local
improvements on the 18th day of July, 2005.
C. The actual cost of the local improvements is ascertained to be $1,844,519.43, 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."), as set forth in Exhibit A attached hereto and incorporated herein by reference.
D. The City Council has established the method of calculating local improvement
assessments in E.C. 7.170 and 7.175.
E. A public hearing on the ordinance, as required by Section 28(2) of the Eugene Charter
of2002, was scheduled before the hearing official as authorized by E.C. 2.007(4), on April 12, 2006.
At least ten days prior to the scheduled public hearing before the hearing official, 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. At the time
and place specified therein, 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 posted
on the City's web site on the same date, as required by Section 28(1) of the Eugene Charter of2002.
G The Council has reviewed and considered the assessment report of the City Engineer
Ordinance - 1
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
E.C. 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 improvements consisting ofpaving, curbs,
gutters, sidewalks, landscape medians, street lights, street trees, wastewater, and storm water
drainage on 3rd and 4th Avenues between Pearl Street and Lincoln Street, north of the Southern
Pacific Railroad and south of Skinner Butte Park is $476,988.28 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
hereinabove 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 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 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 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 improvements;
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
Ordinance - 2
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
advanced the cost of construction, engineering and related expenses or which are used to retire any
indebtedness incurred by the City for these improvements.
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 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 May, 2006.
9th day of May, 2006.
_~A[l~~tW:d-~~
Ci Recorder
~ ~-
~M~
Ordinance - 3
PROJECT LEGAL:
CONTRACT NUMBER:
JOB NUMBER:
ASSESSABLE:
ASSESSABLE TOTALS:
CITY SHARE:
CITY SHARB TOTALS:
EXHIBIT A
CITY OF EUGENE (PROD)
SPECIAL ASSESSMENT SYSTEM
PAGE: 1
93003827 - 3RO/4TH AVENUE CONNECTOR-PEARL TO LINCOLN
PAVING, CURBS AND GUTTERS, SIDEWALKS, LANDSCAPE MEDIANS, STREET LIGHTS, STREET
TREES, WASTEWATER, AND STORM WATER DRAINGE ON 3RD AND 4TH AVENUE BETWEEN PEARL
STREET AND LINCOLN STREET, NORTH OF THE SOUTHERN PACIFIC RAILROAD AND SOUTH OF
SKINNER BUTTE
2006-00004
93003827
11 PENDING
3 ON HOLD
o LIEN DEFERRED
14
$350,079.20
$126,909.08
$0.00
$476,988.28
CITY PAVING
CITY STORM
PAID BY OTHER AGENCY
$1,158,820.65
$203,145.02
$5,565.48
$1,367,531.15
TOTAL COST 01" PROJECT:
$1,844,519.43
EXHIBIT B
FINDINGS AND RECOMMENDATIONS
SUBJECT: PROPOSED FINAL ASSESSMENT FOR IMPROVEMENTS
CONSISTING OF PAVING, CURBS AND GUTTERS, SIDEWALKS,
LANDSCAPE MEDIANS, STREET LIGHTS, STREET TREES,
W ASTEW A TER, AND STORM WATER DRAINAGE ON 3RD AND 4TH
AVENUE BETWEEN PEARL STREET AND LINCOLN STREET,
NORTH OF THE SOUTHERN PACIFIC RAILROAD AND SOUTH OF
SKINNER BUTTE PARK (CONTRACT 2006-04) (JOB #3827)
BACKGROUND
Third and 4th Avenue runs diagonally between Pearl Street on the east and Lincoln Street on the
west. The street had deteriorated badly. The pavement before the improvements were made was
a 20 foot wide oil mat in very poor condition with poor drainage. The street provides the only
connection between Pearl and Lincoln that is north of the railroad tracks and south of Skinner
Butte. For a long time the street was little used, but in recent years there has been considerable
development along the street. The improvements were identified in the FY 04-FY 09 Capital
Improvement Program adopted by the Council on February 24,2003. The project was designed
using the standards of Section 7.160(5) of the Eugene Code, and the North End Scoping Study.
Bids were opened on June 16, 2005. Property owners were notified of the public hearing
regarding formation of the proposed LID. A public hearing was held. The City formed the Local
Improvement District (LID) on July 18, 2005. Construction of the project has been completed,
final actual costs have been tabulated, and final assessment costs have been calculated.
PROJECT
The improvements consist of a 32-foot wide road with two travel lanes, landscaped medians,
bicycle lanes, curb and gutter, sidewalks, street lights, street trees, traffic calming and wastewater
and storm water drainage systems. The improvements to 3rd and 4th Avenue address the
deteriorating surface, and create safer traveling conditions for bicycles, pedestrians and vehicles.
The intersections at both Pearl and Lincoln were realigned to improve the safety of these
intersections.
ASSESSMENTS
The final costs were used to calculate assessments according to the procedures directed by
Eugene Code 7.175. Residential properties are assessed based on the proportional cost of seven
feet of paving, commercial properties are assessed the proportional cost of ten feet of paving.
The final assessable costs are:
PAVING, CURBS AND GUTTERS, SIDEWALKS, AND RELATED IMPROVEMENTS ON 3rd AND 4th
AVENUE FINAL ASSESSMENTS Page 1
Paving 7-foot (per front foot)
Paving 10-foot (per front foot)
Sidewalk (per square foot)
Wastewater (per square foot)
Wastewater service (per each)
$ 67.23
$ 96.05
$ 6.06
$ .48
$3,488.00
Total Final Assessable Cost
Total Final City Cost
$ 476,988.30
$1,367,531.10
Total Final Project Cost
$1,844,519.40
The non-assessable City share for the project is funded from Transportation SDCs ($1,160,160)
and Storm Water SDCs ($203,145). MWMC will reimburse the City $4,225 for adjustment
work that was done to their facilities. The City costs include the additional width of paving
(beyond the seven or ten foot width assessable to properties), intersections, medians, bike lanes,
street lights, street trees, and non-assessable storm drainage system costs. Assessment financing,
a 10-year payment plan through the City, is available to all property owners within the
improvement district as required by Eugene Code, Chapter 7.
The estimated assessments, made at the time the district was formed were lower than the final
assessments. The original estimates were:
Paving 7-foot (per front foot)
Paving 10-foot (per front foot)
Sidewalk (per square foot)
Wastewater (per square foot)
Wastewater service (per each)
$ 65.00
$ 90.00
$ 6.00
$ .35
$2,850.00
Total Estimated Assessable Cost
Total Estimated City Cost
$ 427,851
$1,258,433
Total Estimated Project Cost
$1,686,284
The higher than estimated final costs were due to additional street excavation costs to stabilize
the soft sub grade prior to paving, extra right-of-way costs for additional right of way needed at
the west end of the project for realignment of the intersection, additional storm drainage work
due to underground springs, and higher utility relocation costs.
PUBLIC INVOLVEMENT
The City of Eugene Public Works Department sent notice of the proposed assessments to
property owners more than ten days in advance of the hearing date. A hearing on the proposed
PAVING, CURBS AND GUTTERS, SIDEWALKS, AND RELATED IMPROVEMENTS ON 3rd AND 4th
AVENUE FINAL ASSESSMENTS Page 2
LID was held on April 12, 2006. One property owner attended. A summary of the hearing is
attached, labeled as Exhibit A.
The only objection expressed that related to the proposed final assessments related to the increase
in the cost of the project. The attending property owner was especially affected because
previous estimates had been based on a record showing the property smaller than it actually was.
This was not an error that warranted reconsideration of 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 pending Council action, as required by
the Eugene Charter and Code. Letters informing 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 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;
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
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
the ordinance prepared for the public hearing, levying the assessment as set forth by the City
Engineer.
~~ed'
Hearings Official
April 19, 2006
PAVING, CURBS AND GUTTERS, SIDEWALKS, AND RELATED IMPROVEMENTS ON 3rd AND 4th
AVENUE FINAL ASSESSMENTS Page 3
Exhibit A
MINUTES
Local Improvement District Assessments
Paving, Constructing Curbs, Gutters, Sidewalks, Landscape Medians, Street Lights,
Street Trees, Wastewater and Storm Water Drainage on 3rd and 4th Avenues Between
Pearl Street and Lincoln Street, North of the Southern Pacific Railroad and South of
Skinner Butte Park.
April 12, 2006 Public Hearing
Hearings Official Milo Mecham convened the hearing at 6:00 p.m. Present at the
hearing representing the City of Eugene were Principal Engineer Paul Klope and Project
Engineer Steve Gallup.
There was one member of the public present, Mr. Zeph Van Allen of 150 W. 4th
Street. Mr. Van Allen was familiar with the process, having attended the formation
hearing and having held several discussions with Eugene staff, including Mr. Gallup.
Perhaps because of his familiarity with the process and the issues, Mr. Van Allen
demonstrated that he did not need introductory remarks by the hearings official or by Mr.
Gallup by immediately beginning with a statement of his questions and concerns.
Mr. Van Allen began by stating his dissatisfaction with the increase in the price of
the proposed assessments. He indicated that his notice of final proposed assessment was
more than twenty-five percent higher than the estimated assessments provided when the
district was formed. Mr. Van Allen also indicated that he was dissatisfied with the
proposed change of street name, especially because it came so quickly after the last
request for an address change. Mr. Van Allen suggested that the City should bear the
cost of the address change.
Mr. Van Allen also indicated that, while the street improvements were
necessary, he felt that the street had been over built, and that he was concerned that this
was the cause of some of the excess costs that he was being asked to pay. An additional
problem that Mr. Van Allen suggested arose from the street design was an increase in
through traffic. Mr. Van Allen argued that the improvements encouraged more traffic
from the Fifth Street area. Because of this, Mr. Van Allen suggested that the end of the
improvements, at 3rd and Lincoln should have a four way stop installed, to slow traffic
and prevent accidents.
After Mr. Van Allen finished his statements, Project Engineer Steve Gallup
checked the detailed numbers of proposed assessments to develop an explanation of the
change in price. Mr. Gallup explained that it appeared that Mr. Van Allen's proposed
assessments had increased more than the other assessments because of a correction that
was made when the actual size of Mr. Van Allen's property was used to calculate the
proposed final assessment. Earlier, when the estimated assessments were shared with
property owners, an estimated property size was used. While drawn from the property
records, this estimate turned out to be smaller than the actual property size. When this
correction was combined with the cost increases that the project did experience, the result
was the apparent large increase that Mr. Van Allen experienced. The earlier estimates
were estimates, both of the property size and of the cost. In Mr. Van Allen's case
correcting both these estimates magnified the effect of the change in cost.
With regard to the question of the scope of the improvements, and whether the
street was overbuilt, Mr. Gallup explained that the road was identified as a collector street
and was designed according to the established standards for the street. In some places
the design had been modified to limit some standard features because of the position of
the street. Mr. Gallup and Mr. Klope responded to questions from the hearings official
regarding the limited assessment of the costs of collector streets. Mr. Gallup and Mr.
Klope explained that the increased size and capacity of a collector street, when compared
with a local street, are not usually paid by the assessed property owners. Most property
owners pay the same set of costs regardless of the street classification or added design
features. In this case Mr. Van Allen was not being assessed for the street width or street
features put in because the street was a collector street.
Mr. Gallup explained to Mr. Van Allen that he was aware that the City had
already begun consideration of the question of a four way stop at 3rd and Lincoln. Mr.
Gallup provided Mr. Van Allen with contact information for Tom Larson of the City's
Traffic Engineering section, to allow Mr. Van Allen to participate in further discussion
on the issue.
In response to the hearings officer's questions, Mr. Van Allen and Mr. Gallup
explained the issues with regard to street name changes. Coincident with the completion
of the improvement project the City is considering a street name change for 3rd and 4th
Avenue. After this explanation, the hearings officer explained to Mr. VanAllen that that
issue was outside the scope of the local improvement district assessment hearing. Mr.
Gallup informed Mr. Van Allen that the question was scheduled to be before the Council
at the same Council meeting that would consider of this assessment matter.
Mr. Van Allen concluded by saying that he had no real complaints about the
improvement. He felt that the City had created a nice road that did help address the
problems that had existed before. Mr. Van Allen felt that it might create some new
problems, but that was only to be expected.
There being no further inquiries or statements to be made, the hearing closed at
6: 20.
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CITY OF EUGENE
SPECIAL ASSESSMENT SYSTEM
ASSESSMENT REGiSTER (CITY COUNCIL)
93003827 - 3RO/4TH AVENUE CONNECTOR-PEARL TO LINCOLN
EXHIBIT C
PAGE: 1
PROJECT LEGAL DESCRIPTION
MASTER PROJECT #: 2006-00004
TAXLO,!,
17033043-00100 000
PROPBRTY DBSCRIP1ION
17033043-00200 000
PROPERTY DBSCRIPTION
17033043-00300 000
PROPBRTY DBSCRIPTION
17033043-00400 000
PROPERTY DBSCRIPTION
17033043-00601 000
PROPBRTY DBSCRIPTION
17033043-01701 000
PROPERTY DBSCRIPTION
17033043-01702 000
PROPBRTY DBSCRIPTION
17033043-01704 000
PROPBRTY DBSCRIPTION
17033043-01705 000
PROPBRTY DBSCRIPTION
17033044-04700 000
PROPBRTY DBSCRIPTION
17033044-05600 000
PROPERTY DBSCRIPTION
CONTRACT #: 2006 00004 JOB #: 93003827
PAVING, CURBS AND GUTTERS, SIDEWALKS, LANDSCAPE MEDIANS, STREET LIGHTS,
STREET TREES, WASTEWATER, AND STORM WATER DRAINGE ON 3RD AND 4TH AVENUE
BETWEEN PEARL STREET AND LINCOLN STREET, NORTH OF THE SOUTHERN PACIFIC
RAILROAD AND SOUTH OF SKINNER BUTTE
TOTAL IMPROVBMBN'l' AKOtJNT
OWNER INPORMATION
$10,258.84,
CITY OF EUGENE - PW PARKS & OPEN
$10,114.17
R1651-9041752
BRIDGET DRIVE VENTURES
1601 SIXTEENTH ST
SANTA ROSA CA 95404
$699.89
2004-009834
SKINNER BUTTE PROPERTIES LLC
PO BOX 10667
EUGENE OR 97440
$31,157.86
2003-123406
SKINNER BUTTE PROPERTIES LLC
PO BOX 10667
EUGENE OR 97440
$74,003.90
2003 -117143
CITY OF EUGENE - FACILITIES MGT
210 CHESHIRE AVE
EUGENE OR 97401
$44,036.16
R2169-9628600
GUBRUD ELAINE TE
355 LINCOLN ST
EUGENE OR 97401
$55,647.42
2004-9474627
VANALLEN ZEPH
PO BOX 1419
EUGENE OR 97440
$85,215.43
2004-044184
NORTHSIDE HOLDINGS LLC
PO BOX 10638
EUGENE OR 97440
$14,254.57
PARTITION PLAT 99-P1269, PARCEL 2
JENOVA LAND COMPANY
PO BOX 10638
EUGENE OR 97440
$10,011.41 EVERGREEN UNION
R287-47560 & 47564, R297-65417, R791- 350 PEARL ST
18704
EUGENE OR 97401
$14,679.55
Rl715-9142168
GARFIELD ASSOCIATES
PO BOX 529
EUGENE OR 97440