2005-1222-Order No. 2005-130 Recorded 10/31/2005REV ED DESCHUTES COUNTY OFFICIAL RECORDS
NANCY BLANKENSHIP, COUNTY CLERK 1iJ J L
COMMISSIONERS' JOURNAL 10/31/2005 04;1$;23 PM
LEGAL COUNS L
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2005-1222
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BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Order declaring the intention to create a Local
Improvement District known as Harper Road
L.I.D. for the improvement of Certain Dedicated
Public Roads Known as a portion of Harper Road,
Deschutes County, Oregon Accepting the
Engineer's Feasibility Report, Setting the Hearing
for Remonstrance, and Authorizing the Road
Director to Give Notice of Said Hearing.
* ORDER NO. 2005-130
*
WHEREAS, the Board of County Commissioners, By Resolution 2005-098 initiated the improvement
of certain dedicated public roads known as Harper Road L.I.D.; and
WHEREAS, the County Engineer has investigated the feasibility of making the improvements,
estimated the cost of the improvements, proposed a method of assessment and estimated the amount of the
assessments against each of the specially benefited properties, in accordance with 12.48.150 of the Deschutes
County Code; and
WHEREAS, the Board has considered the Engineer's report and has determined to proceed with the
proposed improvements, subject to the notice and hearing requirements of Chapter 12.48 of the Deschutes
County Code; and
WHEREAS, the Engineer conducted a mail poll of all the owners of all specially benefited lots within
the L.I.D. in accordance with Section 12.48.166 of the Deschutes County Code. The poll approval rate is 60%
of the owners of land representing over 60% of the total amount of the estimated assessment for the proposed
local improvement; and
WHEREAS, Section
specially benefited property
improvements; now, therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, HEREBY
ORDERS as follows:
Section 1. That the Engineer's report relating to the improvement of certain dedicated public roads
known as Harper Road Deschutes County, Oregon, marked Exhibit "A", attached hereto and by this reference
incorporated herein, be accepted and hereby approved.
Section 2. That a hearing be set on November 30, 2005, at 10:00 a.m. at the Deschutes County Board of
Commissioner's Hearing Room, Administrative Building, 1130 NW Harriman, Bend, Oregon for the purpose of
hearing remonstrances to said improvements.
12.48.170 of the Deschutes County Code requires that the Board provide notice to
owners and set a hearing for the purpose of hearing remonstrances to said
PAGE 1 OF 2- ORDER No. 2005-130 - HARPER ROAD LID
Section 3. That, subject to the hearing process set forth by Chapter 12.48 of the Deschutes County
Code, the LID be formed and the improvements carried out as described in said Engineer's Report.
Section 4. That the Road Department Director be authorized to notify benefited property owners of the
said hearing and proposed improvement, in a form substantially as contained in Exhibit "B", attached hereto and
by this reference incorporated herein.
S;-
DATED this day of 2005.
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
ATTEST:
Recording Secretary
1111331U1IGI
PAGE 2 OF 2- ORDER No. 2005-130 - HARPER ROAD LID
TOM DEWOLF, Chair
EXHIBIT #5
Harper Rd
Local Improvement District
Financial Analysis
1. Assessment to Value Ratios
The ratio of assessed property value to the estimated LID assessment is one means of
determining the financial risk. The ratios and lot percentages in the LID are as follows:
Number of Lots % of Project Ratio Analysis
17 80% 10:1 or greater
0 20% 5:1 to 10:1
0 0.0% 2:1 to 5:1
0 0.0% 2:1 or less
The following information was compiled by the Deschutes County Road Department:
Approximately 4,000 feet of road is to be improved and 17 lots are to benefit from this
road.
No one property owner owns more than three lots within the boundaries of the LID.
The Assessor's records show 9 of the 17 lots developed; therefore DCC 12.48.330
"MINIMUM REQUIREMENTS FOR LOCAL IMPROVEMENTS INVOLVING
UNDEVELOPED LAND" does not apply. However, all of the lots meet the 2:1 value
test in A.I. Approximately 6% (1) of the lots have property taxes owing, so the test in
(A.5) has been met.
II. Risk Related Undeveloped Land
Approximately 47% (8 lots) of the property within this area are undeveloped. Of the
undeveloped properties, all have value to assessment ratios greater than a 10:1 ratio. All
but one of the undeveloped lots are zoned for exclusive farm use, the other is zoned
multiple use agricultural.
III. Interim Financing
Outside interim financing for this project may be required. If outside financing is
required, bonding for these assessments will be required on behalf of property owners.
IV. Long-term Financing
Ballot Measure 50 has not affected our ability to issue limited tax improvement bonds for
a project such as this one, according to our financial advisor for recent bond issues.
V
Marty ynne
Finance Director, Deschutes County
-rCC~-
EXHIBIT "A"
Page 1 of 5
MEMORANDUM
TO: Board of County Commissioners
FROM: George Kolb, County Engineer
DATE: October 19, 2005
SUBJ: Feasibility study for the Harper Road L.I.D.
Department
61150 SE 27th St. • Bend, Oregon 97702
(541) 388-6581 • FAX (541) 388-2719
This report is made pursuant to Section 12.48.150 of the Deschutes County Code concerning the
engineering investigation, by the Deschutes County Road Department, for proposed local road
improvements.
Deschutes County received a petition from certain property owners to improve an established
county road known as that portion of Harper Road from the Northeast corner of Whiterock Loop
to the Northeast corner of tax lot 1612090000800 running parallel between the north half and the
south half of Section 09, Township 16, Range 12. Due to this petition, the Deschutes County
Board of County Commissioners initiated a Local Improvement District by Resolution No. 2005-
098 signed on July 25, 2005.
The Resolution was referred to the Deschutes County Road Department for the completion of a
feasibility study of the proposed local improvements in accordance with Deschutes County Code
12.48.150. This report constitutes the engineer's findings.
GENERAL DESCRIPTION OF THE ROAD AND SURROUNDING AREA
The area in which the road improvements are sought constitutes a rural community and an
undeveloped Bureau of Land Management lot, located 4.5 miles North of Tumalo, Oregon. This
community is accessed from Highway 20 by way of Cook Avenue to Cline Falls Highway and
Whiterock Loop.
Cook Ave intersects Highway 20 at Tumalo, which is about 3 miles northwest of Bend. Cook
Avenue turns into Cline Falls Highway at the north end of Tumalo. Whiterock Loop intersects on
the east side of Cline Falls Highway at milepost 3 and 4. Harper Rd intersects with Whiterock
Loop 0.8 miles east of the second entrance off of Cline Falls Highway. Cline Falls Highway is
designated as a rural arterial on the Transportation Plan Map. Whiterock Loop and Harper are
Quality Services Performed with Pride
Page 2 of 5
classified as rural local roads. All of the lots within the boundaries of the LID either abut directly
on Harper Road or use Harper Road as their only access and have a Harper Road address.
Harper Road within the proposed LID is currently an unpaved, gravely road maintained by
Deschutes County. The road was originally built and established in 1910 by Crook County.
Harper Road was not constructed to current County standards, but the County has maintained it
as a gravel surface road. Since Harper Road is an unpaved road between the times it is graded it
is prone to washboards, rutting and dust. The Road Department does grade Harper Road in the
spring and fall when the moisture content of the base material is high. During the summer
months grading is ineffective and washboards, ruts and dust problems all occur within a few
weeks of being bladed. Magnesium chloride is being used as a dust deterrent; however it
becomes ineffective and must be reapplied after a heavy rain storm. During the winter months
the ground is often frozen making grading impossible.
OPTIMAL LOCATION AND EXTENT OF THE IMPROVEMENT
Harper Road is classified as a rural local street by the Deschutes County Transportation Plan.
This means that the purpose of this road is to carry local traffic and primarily serve lots abutting
the subject street. See DCC 17.08.620(F).
Since all of Harper Rd is included in the Local Improvement District, this is an optimal location
and extent of the project. The proposed improved road will facilitate orderly development
throughout the neighborhood as well as effective maintenance of the improvements.
BOUNDARIES OF THE LOCAL IMPROVEMENT DISTRICT
DCC 12.48.130 requires that properties to be assessed be included within the boundaries of a
designated local improvement district (LID). Properties to be included in a LID are properties
that are benefited by the proposed local improvement. Attach as part of Exhibit 2 of this report is
a map showing the boundary of the improvement and the road to be improved.
Properties abutting or have their only accesses from the road improvement are presumed to
benefit from such construction. Accordingly, except as noted herein, the boundaries of the LID
have been drawn to include those properties abutting or have their only access from the
improved road. Since the road is designated as a rural local road, it will be constructed to
standards appropriate for a rural local road.
A map of the Local Improvement District is attached hereto as Exhibit 1
DESCRIPTION OF THE CONSTRUCTION DESIGN
The construction standards for local streets are found in the County Code under DCC 17.48.010.
Roads within the Tumalo area are governed by relevant standards under DCC 18.67.A and
Chapter 17 Table A. Those standards require a pavement width of at least 20 feet, a base depth of
6 inches of crushed aggregate and a surface of 0-9 oil-mat or 2" of Asphalt Concrete (AC). The
road must be designed to the safety and design standards of the American Association of State
Highway and Transportation Officials (AASHTO). These standards as adapted to rural local
streets reflect the designation and function of the improvement as a local street. This engineer's
Page 3 of 5
report has been drafted anticipating that the work to be done will meet the rural local road
construction standards:
Mobilization - normal mobilization costs incurred in preparation of the work.
Construction Surveying - setting slope stakes, subgrade stakes, and base stakes for the
contractor to construct the road.
Paving - the paving will be a 2" AC surface. The pavement width will be the minimum
of twenty (20) feet.
Engineering and Administration - the expenses incurred by the County in the preparation
of plans and specifications, inspection, surveying, accounting, payment collection, and
interim financing costs.
From the staff's review of the proposal and the site, it does not appear that there is anything that
would make the proposal unfeasible from a technical standpoint. Right-of-way is dedicated to the
public with a width of 50' up to tax lot 1612090000600 and 40' thereafter. The road to be
improved is already laid out and in use. The terrain is generally flat in nature and no excavation
or embankment will be required.
CONSISTENCY WITH LAND USE REGUATIONS
There are two considerations to be looked at in assessing whether the proposed improvements
are consistent with zoning requirements. First, whether the class of the road improvement is one
that would require land use approval and second, whether the requirements of the applicable
zones would require land use approval.
Since this modernization does not include adding a lane, the proposed improvements would be
considered to be a Class III road or street project. Class III road and street projects are those
involving modernization, traffic safety improvements, maintenance, repair, or preservation of a
road or street. See DCC 17.08.030, definition for "Road and street project". Improvements falling
within this classification do not, as a general rule, require a land use permit.
As to the requirements of the zones themselves, the proposed improvements are located within
Multiple Use Agriculture (MUA 10) and Exclusive Farm Use Tumalo Residential (EFUTR).
Class III road improvements in the MUA zone are outright permitted uses. See DCC 18.32.020
(E). Reconstruction or modification of public roads and highways in EFU zones and Class III
roads in TR are outright permitted uses. The proposed project is consistent with the MUA and
EFUTR zoning and may proceed without obtaining permits. See DCC 18.16.010 (F) and
18.67.020 (A.S.).
DETERMINATION OF MAXIMUM ACTUAL COST
Under DCC Chapter 12.48; assessments for local improvements may include, in the costs to be
assessed to benefiting properties, the "actual cost of the local improvement project". Actual costs
include all direct and indirect costs incurred by the County to undertake a capital construction
project such as that proposed by Resolution No. 2005-098 "Actual costs" includes but is not
Page 4 of 5
limited to; the cost of labor, materials, supplies, equipment rental, property acquisition, permits,
engineering, financing, legal, administration, depreciation, amortization, reserve for
delinquencies, or defaults and debt service. Administrative expenses may include those incurred
in preparation for formation of a local improvement district, such as meeting with property
owners, preparing and processing the feasibility report, and providing notice and conducting
hearings.
Since this is an existing County maintained road and the County is currently responsible for the
maintenance and improvements to the existing road and the County has no plans to pave Harper
Road the Road Department agreed with the property owners that they will only be responsible
for the cost of paving. All other cost, including base preparation, surveying, engineering, traffic
control, administration, etc; will be paid for by the County Road Department. The engineer had
determined the property owners' maximum actual cost of the proposed local improvement is
$3,719.61 per assessment. The estimate construction costs are based on 2003 project costs for
similar types of construction.
Attached as Exhibit 2, is a detailed schedule of the cost estimate.
PROPOSED METHOD OF ASSESSMENT
The recommended method of assessment, to arrive at a fair apportionment of the actual cost of
the local improvement to the properties specially benefited, is to divide the total cost of the
project or maximum actual cost, which ever is less, by the number of benefited lots. This per lot
apportionment method is recommended due to differing lot sizes, shapes, frontage lengths, the
presence of corner lots and it takes into account densities prescribed by zoning in the area. The
differences amongst the lots make for difficulties in apportionment of an alternative method
based on frontage or acres. However, if the properties can legal be divided without going through
the land use process the property is assessed for having the status of being as many lots it can be
divided into.
The boundaries of the LID have been drawn to include only properties that abut or directly
access onto the proposed improvements. All included properties are zoned MUA and EFUTR.
Given the existing zoning, the size of the subject parcels, and the nature of existing development
in the area, it is reasonable to assume that future development on the vacant lots or legally
subdivided lots in the proposed LID will be for residential uses.
SPECIAL BENEFITS TO ASSESSED PROPERTIES
After the improvements are finished, all properties proposed to be assessed will have the entirety
of the access be by way of a paved improved road designed and constructed to County standards.
County standards reflect the safety and design criteria if the Association of State Highway and
Transportation Officials (AASHTO).
Direct access from paved, improved roads will reduce wear and tear on vehicles and generally
make access to the properties for the entire length of the access more convenient.
Page 5 of 5
Direct access from paved, improved roads will improve response time for emergency service
vehicles, such as fire trucks and ambulances. Emergency service vehicles will not be required to
slow down to negotiate bad stretches of road.
Direct access from paved, improved roads will reduce dust raised by vehicles traveling past
residences on aggregate roads.
Unimproved roads require frequent maintenance to keep them from getting rutted and wash
boarded. Often, the washboards and ruts will reappear on the surface of the road after only a
week and the road will need to be regraded.
Direct access from paved, improved roads will enhance the property values on a real market
value standard.
For all these reasons, the properties to be assessed are specially benefited from the proposed
improvements
DESCRIPTION AND ASSESSED VALUE
A description and assessed value of each lot or parcel to be specially benefited by the local
improvements and included within the LID boundaries, with the names of the owners of record is
attached as Exhibit 3 of this report.
MAXIMUM ASSESSMENT AGAINST EACH LOT
The maximum assessment against each lot or parcel to be included in the LID is:
$66,953/18 assessments = $3,719.61
This is the assessment against each lot that the County agrees not to exceed, if the actual costs
are less than the engineer's estimate then the assessment against each lot will be reduced.
FINANCIAL CONSIDERATIONS
DCC 12.48.150(B) addresses minimum requirements for the financial feasibility of the proposed
project. Attached as Exhibit 4 is the analysis by the County Finance Director regarding
financial feasibility of the project.
Harper Road LID
Exhibit "1"
Page 1 of 1
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P:\ArcGIS_Projects\Local Improvement District\Harper
EXHIBIT 2
HARPER RD L.I.D.
Engineer's estimate
Item
Quantity
Units
Unit Price
Cost
Mobilization
1
All
$
5,000.00
$
5,000
Flaggers
40
Hrs.
$
33.00
$
1,320
2" Level 3 1/2" Dense Graded HMAC
1,000
Tons
$
45.00
$
45,000
2' Agg. Shoulders
1,760
SY
$
2.50
$
4,400
Asphalt Approach
5
EA
$
500.00
$
2,500
Const. Contingency
0.00%
$
-
SUBTOTOA
58, ~2
Engineering & Administration
15.00%
$
8,733
FT1 VETO I WN D
$
669 ~3
Cost per lot
18 # lots
$
3,719.61
Cost per foot
3,960 L. F.
$
16.91
O.
EXHIBIT 3
HARPER RD L.I.D.
BENEFITED PROPERTIES
PROPERTY OWNER PROPERTY DESCRIPTION
1
BITTLER,MICK
1612090000605
BITTLER,NANETTE
20510 HARPER RD
20510 HARPER RD
BEND, OR 97701
2
COLE, LESLIE D.
1612090000503
LINDNER, BENJAMIN
20420 HARPER RD
20420 HARPER RD
BEND, OR 97701
3
COLSON,BRADLEY A
1612090000606
COLSON,DELLANE
20600 HARPER RD
PMB 285 4742 LIBERTY RD S
SALEM, OR 97302
4
CONKLIN,FRANK S
1612090000700
ECKER,MARGARET C
20705 HARPER RD
SCHROEDER,DAVID (CB)
354 NE GREENWOOD
BEND, OR 97701
5
CRAWFORD,STEVEN L
1612100000200
CRAWFORD,CHERYL R
20650 HARPER RD
20650 HARPER RD
BEND, OR 97701
6
FULLHART, ROBERT L.
1612090000600
FULLHART, DONNA T.
PO BOX 295
BEND, OR 97701
7
FULLHART, ROBERT L.
1612090000600A
FULLHART, DONNA T.
PO BOX 295
BEND, OR 97701
8
FULLHART, ROBERT L.
1612100000500
FULLHART, DONNA T.
PO BOX 295
BEND, OR 97701
9
FULLHART, ROBERT L.
1612090000301
FULLHART, DONNA T.
20925 HARPER RD
PO BOX 295
BEND, OR 97701
10
DOWNS,ROBERT
1612090001100
DOWNS,CAROL
20545 HARPER RD
SCHROEDER,DAVID (CB)
354 NE GREENWOOD 202
BEND, OR 97701
PROPERTY VALUE
$1,118,710
$396,170
$1,713,770
$262,410
$917,880
$180,220
$154,740
$754,500
$282,300
NO.
PROPERTY OWNER
PROPERTY DESCRIPTION
PROPERTY VALUE
11
GAINSFORTH,PATRICIA M
1612100000600
$84,850
65260 TWEED RD
20800 HARPER RD
BEND, OR 97701
12
GROVES,THOMAS E
1612090000200
$884,850
GROVES,LAURIE M
20630 HARPER RD
20630 HARPER RD
13
GROVES,THOMAS E
1612090000201
$302,880
GROVES,LAURIE M
20620 HARPER RD
20630 HARPER RD
14
HAGERTY,ROBERT W
1612090000602
$620,990
HAGERTY,MOIRA C
20550 HARPER RD
20550 HARPER RD
BEND, OR 97701
15
MORTON,CRAIG S
1612090000900
$333,740
MORTON,REBECCA A
20210 SWALLEY RD
BEND, OR 97701
16
PONSFORD,DAVID J
1612090000500
$713,080
20480 HARPER RD
20480 HARPER RD
BEND, OR 97701
17
RAVERA, JOE
1612090000502
$192,290
RAVERA, KIM
20460 HARPER RD
645 NW STONEPINE DR
BEND, OR 97701
18
TURNER,GREGG B
1612090000501
$545,660
TURNER,JODEEN K
20440 HARPER RD
20440 HARPER RD
BEND, OR 97701
Al i
EXHIBIT "B"
NOTICE OF PROPOSED ROAD IMPROVEMENT
DATE: November 30, 2005
TO: <<NAME I>>
<<NAME2>>
<<NAME3>>
<<ADDRESS>>
<<CITY>>, <<ST>> <<ZIP>>
DESCRIPTION OF IMPROVEMENT PROJECT: HARPER RD L.I.D.
DESCRIPTION OF BENEFITED PROPERTY: <<ACCOUNI>>
Estimated Cost of Paving: $66,953.00
Estimated Amount of Assessment: $ 3,719.61
The Board of County Commissioners has initiated the above improvement. The County Engineer
has made a favorable report to the Board of County Commissioners regarding the proposed
improvement. The Engineer's report relating to the proposed LID is on file and available for
public examination.
The area affected by the proposed local improvement is that neighborhood surrounding Harper
Road. The benefiting lots that would be assessed for the proposed improvement include those lots
abutting the aforementioned road and those lots that use said road as their only access and are
shown on the attached list.
IF YOU OBJECT TO THE PROPOSED IMPROVEMENT AND ASSESSMENTS, YOU
ARE REQUIRED TO FILE A WRITTEN OBJECTION, IF ANY, WITH THE BOARD
OF COUNTY COMMISSIONERS, C/O DESCHUTES COUNTY ROAD DEPARTMENT,
61150 S.E. 27TH STREET, BEND, OREGON 97702, WITHIN 20 DAYS AFTER THE
MAILING OF THIS NOTICE, OR BY ORAL TESTIMONY AT THE PUBLIC
HEARING ON THE PROPOSED IMPROVEMENTS BEFORE THE BOARD OF
COUNTY COMMISSIONERS, WHICH WILL BE HELD ON NOVEMBER 30, 2005 AT
10:00 A.M. IN THE DESCHUTES COUNTY BOARD OF COMMISSIONER'S HEARING
ROOM, ADMINISTRATIVE BUILDING, 1130 NW HARRIMAN, BEND, OREGON.
If more than 50% of the owners of land representing more than 50% of the total amount of the
assessment for the proposed improvement file objections, the proposed improvement will be
declared abandoned and no new resolution shall be adopted within a period of one year. If the
required number of objections is not received, the improvement will proceed and you will be
notified of the actual assessment when it is determined by the Engineer.
This assessment, as finally approved by the Board of County Commissioners, will be entered into
the lien docket of Deschutes County and will be released when the assessment is paid in full.
Owners may apply to make payments in installments which can be paid over a ten-year period.
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
TOM BLUST, Road Department Director
On Behalf of the Board of County Commissioners