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Ord 2341 - Improve W Lincoln COUNCIL BILL NO. 2464 ORDINANCE NO. 2341 AN ORDINANCE RELATING TO IMPROVEMENTS OF A PORTION OF WEST LINCOLN STREET BETWEEN CASCADE DRIVE AND LEASURE STREET, ADOPTING THE LOCAL IMPROVEMENT DISTRICT, DIRECTING mE CONTRACT AWARD, PROVIDING FOR PAYMENT OF COSTS THROUGH ASSESSMENT OF PROPERTIES IN THE LOCAL IMPROVEMENT DISTRICT; AND DECLARING AN EMERGENCY. WHEREAS, the City Council considers the improvement of the unimproved portion of West Lincoln Street between Cascade Drive and Leasure Street to be necessary and beneficial; and WHEREAS, The City Council has authority to initiate the Local Improvement District improvement and procedure process as per Ordinance No. 2105, and WHEREAS, The City Council instructed the City Engineer to prepare the engineering report for the improvements; and WHEREAS, the City Council reviewed and approved the engineering report on the improvement of West Lincoln Street on April 14, 2003; and WHEREAS, the City Council by Resolution No. 1722, declared its intent to improve West Lincoln through a Local Improvement District process, adopted the method of assessment, established a date for the public hearing; and WHEREAS, the Public Hearing was held on June 9, 2003 to receive input from affected property owners and insufficient remonstrance were received to suspend such improvement: and WHEREAS, the City Council based on public input, requested that individual property area assessments be adjusted if impacted by existing wetlands, staff has incorporated the adjustments within the Ordinance; NOW, THEREFORE mE CITY OF WOODBURN ORDAINS AS FOLLOWS: SECTION 1. INTENT TO IMPROVE The City Council deems it necessary and hereby declares its intention to order the following improvements. The unimproved portion of West Lincoln is to be improved in accordance with the Woodburn Transportation Plan (TSP) as a Local Residential Street. This cross section as identified in the TSP provides two travel lanes, on-street parking and sidewalks both sides. The improvement will be complete with curbs, drainage PAGE 1- COUNCIL BILL NO. 2464 ORDINANCE NO. 2341 .-. ..~~... '. '."" ,_ """"",~_____,,,,_,,,_,___",,,,,w"'-'__' .______--"-"._.....~...._" I improvements and street lighting. Attached is Exhibit 1, which depicts the proposed typical street cross-section. SECTION 2 PROPOSED METHOD OF FUNDING: The funding mechanism to accomplish this project includes the following: A. CITY SUPPORT: Budgeted approved funds for improvement of gravel streets B. ASSESSMENT AGAINST BENEFITING PROPERTIES: Limited to the cost associated with a 34-foot wide local residential street adjacent to the current unimproved portion of West Lincoln. SECTION 3 BOUNDARY OF THE LOCAL IMPROVEMENT DISTRICT: The boundary of the Local Improvement District is described below: Beginning at the Northeast comer oflot 18, Halls Home Tracts to the City Of Woodburn., situated in Township 5 South Range 1 West, Section 7 Marion County Oregon~ Thence Westerly long along the North boundary oflot 18,23,26,31,34,39 and 42 of said Halls Home Tracts to the Northwest comer of said lot 42; Thence Southwesterly along the West line of said lot 42 to the Southwest comer thereof~ said Southwest comer also being on the North line of West Lincoln Street; Thence Southwesterly to the Northwest comer oflot 43 of said Hall Home Tracts, said Northwest comer being on the South Line of West Lincoln Street~ Thence Southwesterly along the West line of said lot 43 to the Southwest comer thereof; Thence Easterly along the South boundary oflot 43,38,35,30,27,22 and 19 to the Southeast comer of said lot 19; Thence Northeasterly along the East line of said lot 19 to the Northeast Comer thereof, said Northeast comer being on the South Line of West Lincoln Street; Thence Northeasterly to the Southeast comer oflot 18 of said Hall Home Tracts; Thence Northeasterly along the East line of said lot 18 to the place of beginning. A map showing the above-described district boundary is attached as Exhibit 2 and those properties within that boundary are identified in Section 4. PROPERTIES WITHIN THE LOCAL IMPROVEMENT DISTRICT: PAGE 2- COUNCIL BILL NO. 2464 ORDINANCE NO. 2341 SECTION 4 MARION COUNTY TAX LOTti ADDRESS PROPERTY OWNER MAP' 051W07CB 8400 1791 SANDOVAL, GEORGE 051W07CB 8500 1695 LINCOLN ESTATES LLC 051W07CB 8600 1505 SHEVCHENKO, BENJAMIN & ZINA 051W07CB 9000 1465 ZAMORA, JESUS & AIDA 051W07CB 9100 1415 TORRES, LEONARDO & 052W12DA 3800 1851 MENDENHALL, DAVID 051W07CC 4400 1400 BLOCK LINCOLN ESTATES LLC 051W07CC 4500 1510 LINCOLN ESTATES LLC 051W07CC 4600 1600 BLOCK LINCOLN ESTATES LLC 051W07CC 4700 1720 SCHNABEL, GARY & TAMMY 052W12DD 100 1790 KIELlNG, DEAN & T ANY A 052W12DD 500 1700 BLOCK WESTERN SAGE MANAGEMENT INC. 051W07CB 9300 1200 BLOCK MARION COUNTY SECTION 5 PROPERTY BENEFIT DETERMINATION: A. PROPERTY BENEFIT DETERMINATION: 1. Properties adjacent to the unimproved portion of West Lincoln, up to a depth of 295 feet are determined to benefit from the improvement in proportion as stated below: a. Full benefit received for front footage cost sharing if adjoining the improvement. b. Full benefit received for Area cost sharing if improved street is the only outlet to the property being considered. c. Only 50% of the benefit received for cost allocation, if property is improved and is using another outlet to access the property. B. PROPOSED UNIT DETERMINATION FOR THE METHOD OF ASSESSMENT: 1. LINEAL FRONT FOOTAGE: 50% of the street cost excluding driveway approach cost will be distributed based on total front footage of individual parcel or lot frontage adjacent to the unimproved portion of West Lincoln. The unit cost will be calculated the same for either developed or underdeveloped property . 2. LOT AREA: 50% of the street cost excluding driveway approach cost will be distributed based on the area of those properties adjacent to the unimproved PAGE 3- COUNCIL BILL NO. 2464 ORDINANCE NO. 2341 .,. portion of West Lincoln and which utilize it for access. Improved properties within the district which currently have another means of access to an improved public street will receive a 50% reduction in property area. 3. DRIVEWAY APPROACH: Each tax lot requiring access to West Lincoln will be assessed a flat rate Driveway Approach cost of $500.00, one per lot. If an additional approach is requested the cost be will be in accordance with the actual unit price cost of installation. SECTION 6 ENGINEERS PROJECT COST ESTIMATE: A. The estimated cost of improving West Lincoln Street in conformance with a local residential street standard. $ 194.500 TOTAL PROJECT COST $ t 94.500 Note: Estimated costs includes engineering, administration, contingency and permits SECTION 7 DISTRIBUTION OF PROJECT COST: A. PROJECT COST TO BE FUNDED BY THE CITY Costs that are not to be assessed 1. Cost sharing by the city as approved by council policy and supported by approved budget = $ 40,000 TOTAL TO BE FUNDED BY THE CITY = $ 40.000 B. STREET COST TO BE DISTRIBUTED AGAINST THE BENEmITED PROPERTIES Cost to be distributed against the benefiting properties for a standard 34-foot wide local residential street cross section less the cost share by the city 1. Standard residential street cross- section to include sidewalks, drainage, street lighting PAGE 4- COUNCIL BILL NO. 2464 ORDINANCE NO. 2341 "..._._"~._._-----------~. -,~-~,..^,,~"""~- $194,500 - $40,000 $154,500 2. Exclude approach cost, flat rate of $500/ea. to be distributed to each benefiting tax lot. 11 approaches @ $500/each -$5,500 STREET COST TO BE ASSESSED $149.000 = SECTION 8 UNIT COST DETERMINATION: A. INDIVIDUAL PROPERTY UNITS MARION COUNTY TAX ADDRESS AREA LINEAL PROPERTY OWNER MAP # LOT # ACRES FRONT FOOTAGE 051W07CB 8400 1791 1.02 147.45 SANDOVAL, GEORGE 051W07CB 8500 1695 2.04 294.90 LINCOLN ESTATES LLC 051W07CB 8600 1515 1.02 147.45 SHEVCHENKO, BENJAMIN & ZINA 051W07CB 9000 1465 0.17 51.08 ZAMORA, JESUS & AIDA 051W07CB 9100 1415 0.32 96.27 TORRES, LEONARD & 052W12DA 3800 1851 2.04 294.90 MENDENHALL, DAVID 051W07CC 4400 1400 BLOCK 1.02 147.45 LINCOLN ESTATES LLC 051W07CC 4500 1510 1.02 147.45 LINCOLN ESTATES LLC 051W07CC 4600 1600 BLOCK 1.02 147.45 LINCOLN ESTATES LLC 051W07CC 4700 1720 1.02 147.45 SCHNABEL, GARY & TAMMY 052W12DD 100 1790 1.02 147.45 KIELlNG, DEAN & TANYA 052W12DD 500 1700 BLOCK 1.02* 294.90 WESTERN SAGE MANAGEMENT INC. 051W07CB 9300 1200 BLOCK 0.25* 0 MARION COUNTY TOTAL 12.98 2,064.20LF *Denotes 50% of actual area B. COST PER LINEAL FRONT FOOTAGE: 50% of the estimated cost of the street improvements to be assessed for the improvement to the unimproved portion of West Lincoln $ 74,500 Total front footage within the assessment district 2064.2 LF Cost per lineal foot of frontage $36.09/LF C. COST FOR AREA PER ACRE PAGE 5- COUNCIL BILL NO. 2464 ORDINANCE NO. 2341 .. 50% of the estimated cost of the street improvements to be assessed for the improvement to the unimproved portion of West Lincoln Total area which have direct access to West Lincoln within the assessment district. Area cost, per acre $ 74,500 12.98 acres $ 5,739.60/AC D. DRIVEWAY APPROACH COST One driveway approach per tax lot requiring access To West Lincoln will be assessed at a flat rate. Additional approach will be based on the unit price cost of installation. $500/ea. SECTION 9 INDIVIDUAL ESTIMATED PROPERTY ASSESSMENTS: TAX COST COST COST TOTAL LOT' ADDRESS PROPERTY OWNER OF BASED BASED ON ASSESSMENT APPROACH ON AREA FOOTAGE 8400 1791 SANDOVAL, GEORGE $500.00 $5,854.39 $5,321.69 $11,676.08 8500 1695 LINCOLN ESTATES LLC $500.00 $11,708.78 $10,643.37 $22,852.16 8600 1515 SHEVCHENKO, BENJAMIN &ZINA $500.00 $5,854.39 $5,321.69 $11,676.08 9000 1465 ZAMORA, JESUS & AIDA $500.00 $975.73 $1,843.55 $3,319.28 9100 1415 TORRES, LEONARDO & $500.00 $1,836.67 $3,474.53 $5,811.20 3800 1851 MENDENHALL, DAVID $500.00 $11,708.78 $10,643.37 $22,852.16 4400 1400 LINCOLN ESTATES LLC BLOCK $500.00 $5,854.39 $5,321.69 $11,676.08 4500 1510 LINCOLN ESTATES LLC $500.00 $5,854.39 $5,321.69 $11,676.08 4600 1600 LI NCOLN ESTATES LLC BLOCK $500.00 $5,854.39 $5,321.69 $11,676.08 4700 1720 SCHABEL, GARY & TAMMY $500.00 $5,854.39 $5,321.69 $11,676.08 100 1790 KIELlNG, DEAN & TANYA $500.00 $4,706.47- $5,321.69 $10,528.16 500 1700 WESTERN SAGE BLOCK MANAGEMENT INC. $0.00 $5,854.39 $10,643.37 $16,497.76 9300 1200 MARION COUNTY BLOCK $0.00 $1,434.90 $0.00 $1,434.90 $5,500.00 $73,352.08 $74,500.00 $154,500.00 ** Property area reduced by 0.15 acres to account for existing wetlands which have been identified in the Woodburn Local Wetland Inventory. SECTION 10 PAYMENT PLAN FOR ASSESSMENT: PAGE 6- COUNCIL BILL NO. 2464 ORDINANCE NO. 2341 The final assessments under this Local Improvement District may be over a period of ten (10) years pursuant to ORS Chapter 223 SECTION 11 INTEREST RATE: The interest rate is hereby set at 5.75%. SECTION 12 FUNDING METHODS: The improvement costs for the project will be supported utilizing two funding sources, the LID property assessments and council approved city support. SECTION 13 FUNDING SUMMARY: PROJECT FUNDING REQUIRED = $ 194,500 A. CITY SUPPORT General Fund Cost Share for improvement of Gravel Streets = $ 40,000 If required in final assessment, Cost of area Reduction for existing wetlands at 1790 West Lincoln $1,147 SUB TOTAL = $ 41.147 B. LID PROPERTY ASSESSMENTS $ 153,352* SUB TOTAL = $153352 FUNDING TOTAL = $ 194.500 * Dollar amount modified to account for wetland adjustment for one property having identified wetland on it. SECTION 14 MAXIMUM LIMIT OF ASSESSMENT AMOUNT: PAGE 7-COUNCILBILLNO. 2464 ORDINANCE NO. 2341 -~. - ".,-------,--~._..,--...._.,.... '''..."...-............-..... It is proposed that the assessment amounts shown in this document be fixed as the maximum amount to be assessed against the properties for the said improvement. Any cost over runs will be absorbed by the city. SECTION 15 CONTRACT METHOD The contract award will be in conformance with public contracting laws of the State of Oregon as outlined in ORS Chapter 279 and the laws, regulations of the City of Woodburn. SECTION 16 AUTHORIZATION OF BOND SALE Staff is hereby authorized to utilize interfund borrowing until bond sale is needed. The Finance Director is further authorized to proceed with the sale of bonds and/or the issuance of general improvement warrants to finance the assessment portion of the project when needed. SECTION 17 DECLARING AN EMERGENCY This ordinance being necessary for the immediate preservation of the public peace, health, and safety, so that a construction contract may be awarded without delay, an emergency is declared to exist and this ordinance shall take effect immediately upon passage by the Council and approval by the mayor. Approved as to form: City Attr APProv~d: . Kat Passed by Council // Submitted to the Mayor July 16, 2003 Approved by the Mayor July 16, 2003 Filed in the office of the Recorder July 16, 2003 Attest ~ L~ Mary e t, City Recorder City of Woodburn, Oregon PAGE 8- COUNCIL BILL NO. 2464 ORDINANCE NO. 2341 -...-.. ..,,~"~.....~.,...~~..~.--~-~"'~~- 3NIl <D Wy W;t - ~~ li1 Uw Zo 0_ UVl CI ,.... Z r'-- 52 ~ -< 0.. ~ W ~ 0 --' m ~ ~ ~ 0 cr 0::: '<t t') I 0 W <D ~ 0 --' >< ~ ~ W CI Z r'-- 52 ~ 0.. <D Wy W--' ~-< - u~ li1 Zo 0_ U(/) 3NIl A.HJ3dOCJd I ~ CL A.1CJ3dOCJd T- o. 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