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HomeMy WebLinkAboutItem 3C: Resolution Forming LID for River Avenue ECC UGENE ITY OUNCIL AIS GENDA TEM UMMARY Approval of Minutes, Findings and Recommendations from the Hearings Official and Adoption of Resolution 4882 Forming a Local Improvement District for Paving, Constructing Curbs and Gutters, Sidewalks, Street Lights, Water Quality Bioswales, and Stormwater Drainage on River Avenue from 200 feet East of River Road to 100 feet West of Beltline Highway (Job #3693) Meeting Date: June 26, 2006 Agenda Item Number: 3C Department: Public Works Engineering Staff Contact: Michelle Cahill www.eugene-or.gov Contact Telephone Number: 682-6855 ISSUE STATEMENT The council is being requested to approve the Hearings Official’s Minutes, Findings and Recommendations dated June 19, 2006, and adopt a resolution forming a Local Improvement District (LID) for paving, constructing curbs and gutters, sidewalks, street lights, water quality bioswales, and stormwater drainage on River Avenue from 200 feet east of River Road to 100 feet west of Beltline Highway. BACKGROUND River Avenue is major collector located on the north side of Eugene, running parallel and then connecting to Beltline Road. It is one of only three roads that cross Beltline Road between the Northwest Expressway and the Willamette River. As a result of increased use, the existing roadbed is deteriorating and needs to be upgraded. In addition, development in this general area and two connection points to the Ruth Bascom Riverbank Trail System are creating a need to accommodate a variety of transportation users, including bicyclists, bus riders, pedestrians, and motorists for current and future needs. The land use is primarily commercial, government (Metropolitan Wastewater Management Commission Water Pollution Control Facility, U.S. Post Office and Veterans’ Clinic) and multi-family residential. This project was initiated by City Council action on June 26, 2000, through adoption of the 2001 Capital Budget and pursuant to Section 7.160(5) of the Eugene Code, 1971 (EC). This improvement project has been included in the adopted Metropolitan Transportation Plan first adopted in 1986 and subsequently updated and adopted. This is the second time in two years that the council is being requested to adopt a resolution forming a Local Improvement District. Initially, City staff designed and bid an improvement project for River Avenue in 2004. The Lane County Board of County Commissioners authorized by Board Order assessment of ten unincorporated properties within the project. In conjunction with a 2004 public hearing on the formation of the LID, the City received a 51% remonstrance and the public hearing was L:\CMO\2006 Council Agendas\M060626\S0606263C.doc continued at the City Council. On April 20, 2005, the council directed staff to substantially modify the design and do more outreach to the public. Following the council’s direction for additional public outreach, nine community meetings and three stakeholder meetings were held. Community meetings included River Road area residents, Santa Clara and River Road Community Organizations, Eugene Bike Coalition and the property owners and residents of River Avenue. A stakeholder group was formed with representatives of the community organizations and the Eugene Bike Coalition and the property owners. The stakeholder group developed a design concept approved by the City Council in December 2005. Staff prepared plans and specifications, and called for competitive bids for the construction of the improvements pursuant to EC 7.160(5). The Eugene Arterial and Collector Street Plan was amended by Administrative Order to allow for the revised design. On May 24, 2006, City and County staff updated the Board of County Commissioners on the status of the project and reported that County Counsel and the City Attorney were in agreement that the previous authorization to assess ten un-incorporated properties within the proposed district boundaries pursuant to Order 05-3-9-5 is valid for the project with the proposed revisions. Other Background Information Bids were opened on May 25, 2006, with Delta Construction dba Delta Concrete as the apparent low bidder. The property owners were notified of the pending LID hearing ten (10) days prior to the hearing as required by Eugene Code. The LID formation hearing was held on June 7, 2006, to review the bid information, confirm whether the LID should be formed and to identify any special conditions that should be included in the resolution forming the LID. Five property owners attended the hearing (see Hearings Official Minutes). No remonstrances were received. Financial and/or Resource Considerations Based on the low bids received, the costs, listed below are the total estimated assessment costs plus contingency for the local improvement district. Paving 10-foot (per front foot) $ 122.78 Paving 7-foot (per front foot) $ 91.38 Sidewalk and driveway aprons (per square foot) $ 6.48 Direct assessed Stormwater (2 lots) $4,958.38 Total Assessable Cost $1,236,289.69 Total City Cost $2,053,097.94 Total Project Cost $3,289,387.63 Per Eugene Code, property owners on a major collector street are assessed for a portion of the width of the street based on zoning. The City pays for the remaining street and non-assessable storm drainage costs. The non-assessable City share for this project will be funded from Transportation SDC and Stormwater SDC and Utility Funds. Stormwater utility funds will be used for some repair work on the existing stormwater system. Stormwater SDC will be used for the over-sizing of the conveyance system and for the un-assessable stormwater quality system. Additionally, the total assessable costs include the MWMC assessment for the treatment plant property and the Federal Post Office. L:\CMO\2006 Council Agendas\M060626\S0606263C.doc Assessments are anticipated to be levied following completion of construction. Following the levy of assessments, a 10-year payment plan through the City will be available to all property owners within the improvement district as identified by Eugene Code, Chapter 7. Funds to improve River Avenue were initially appropriated in FY 2003. An additional $570,000 in Transportation System Development Charge (SDC) funds were appropriated in FY 2007. To fully fund the project, an additional $350,000 in transportation SDC funds will be requested as part of the first supplemental budget for FY 2007. The additional cost of the project is due to the rapidly escalating cost of construction since the project was first funded in FY 2003 and the increased scope of the project in response to the extensive public outreach. All necessary steps have been completed as prescribed by the Eugene Code for the initiation and formation of a LID. Delay in the formation of the LID will delay completion of the improvement project. RELATED CITY POLICIES There are no new policy issues associated with this item. COUNCIL OPTIONS Per Section 7.166(3) of the Eugene Code, the City Council can take the following actions: 1. Adopt the resolution forming the LID. 2. Substantially modify the improvements, rebidding if necessary, and then conduct a hearing on the modified improvements. 3. Delay the approval not more than 15 days. 4. Abandon the improvements. CITY MANAGER’S RECOMMENDATION The City Manager recommends that the council approve the Minutes, Findings and Recommendations of the Hearings Official and adopt the resolution forming the LID as described. The bids received are comparable to projects of similar size and scope and formation of the LID will be consistent with City Council-adopted policy. SUGGESTED MOTION Move to approve the Hearings Official’s Minutes, Findings and Recommendations of June 19, 2006. Move to adopt Resolution 4882 forming a Local Improvement District for paving, constructing curbs and gutters, sidewalks, street lights, water quality bioswales, and stormwater drainage on River Avenue from 200 feet east of River Road to 100 feet west of Beltline Highway. ATTACHMENTS A. Resolution B. Hearings Official Minutes, Findings and Recommendations C. Map of LID Area L:\CMO\2006 Council Agendas\M060626\S0606263C.doc FOR MORE INFORMATION Staff Contact: Michelle Cahill Telephone: 682-6855 Staff E-Mail: michelle.r.cahill.@ci.eugene.or.us L:\CMO\2006 Council Agendas\M060626\S0606263C.doc ATTACHMENT A RESOLUTION NO. 4882 A RESOLUTION FORMING A LOCAL IMPROVEMENT DISTRICT FOR PAVING, CONSTRUCTING CURBS. AND GUTTERS, SIDEWALKS, STREET LIGHTS, WATER QUALITY BIOSW ALES, AND STORMW ATER DRAINAGE ON RIVERA VENUE FROM 200 FEET EAST OF RIVER ROAD TO 100 FEET WEST OF BELTLINE HIGHWAY. (JOB #3693) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EUGENE, a Municipal Corporation of the State of Oregon, as follows: Section 1. After proper notice of the hearings required by Sections 7.165 and 7.166 of the Eugene Code, 1971 (EC), and after receiving the hearings official's report, the City Council hereby declares it is in the public interest to construct the local improvements described in Section 2 ofthis Resolution and assess part ofthe costs thereofto the specially benefitted properties on River Avenue from 200 feet east of River Road to 100 feet west ofBelt1ine Highway, subject to the provisions of Section 4 of this Resolution. Section 2. The Council hereby orders the establishment of a local improvement district on River Avenue from 200 feet east of River Road to 100 feet west of Be1tline Highway and in that district to pave, construct or install curbs and gutters, sidewalks, street lights, water quality bioswales and stormwater drainage and related improvements ("the Improvements'). Section 3. The costs ofthe Improvements shall be borne by and assessed to the properties in the district in accordance with EC 7.175 and Section 4 of this Resolution. Included in the cost shall be the overhead costs specified in EC 7.170 and whatever other special costs, such as acquisition of interests in real property, are necessary to make the Improvements. Upon completion of the Improvements, the final costs therefor will be calculated and the owners of benefitted property shall be notified and the property assessed as provided in E.C. 7.185 to 7.240. The assessments to be levied for the Improvements are hereby characterized for purposes of the property tax limitation in Section 11 b, Art. XI ofthe Oregon Constitution as assessments for a local improvement, not subject to the constitutional limitation of$1 0 per thousand dollars of real market value. Notice of the intent to so characterize the assessments was sent to the affected property owners prior to the adoption of this Resolution. Section 4. Several ofthe properties proposed for inclusion in the local improvement district are located outside the boundaries ofthe City. Under provisions of state law, the concurrence ofthe Lane County Board of Commissioners is required for inclusion of the properties in the local improvement district. On February 9, 2005, Lane County Board of Commissioners issued Board Order 05-2-9-5, concurring that the following properties be included in the local improvement district: Neely, Tax Lot #1704130002900; Bimbo Bakeries USA Inc., Tax Lot #170413003000; Atkins, Tax Lot #17041300 03200; Eugene Bible Center, Tax Lot #1704130003400; Slocum, Tax Lots #17041300 3500 (vacant property, future equivalent assessment), #17041300 03501, and Resolution - 1 C:\Documents and Seltings\ceweflb\Local Seltings\Temporary Internet Files\OLK4\River Ave LID Resolution (OOI46526).DOC #1704130003502; Stor N Lok Warehouses Inc., Tax Lots #17041300 03600 and #17041300 0360l. On March 30,2005, the Lane County Board of Commissioners reconsidered and made no changes to Board Order 05-2-9-5. Section 5. The City Council hereby declares that the construction of the Improvements, as well as acquisition of rights-of-way or easements necessary for the construction, is for a public purpose, is necessary for the public welfare, is authorized under the laws ofthe State of Oregon and Charter and ordinances ofthe City of Eugene, and is directed by this Resolution. Section 6. The City of Eugene, Oregon expects to make expenditures from its available funds to pay for the costs of improvements to River Avenue from 200 feet east of River Road to 100 feet west ofBeltline Highway (the "Project"). The City reasonably expects, and hereby declares its intent, to issue bonds or other obligations (the "Reimbursement Bonds") and to use the proceeds of the Reimbursement Bonds to reimburse the City for the expenditures made from the City's available funds for the Project. The City expects that the principal amount ofthe Reimbursement Bonds will not exceed $1,359,918.66, which represents the estimated assessment amount plus a margin of 1 0%. Section 7. Lines of credit and other evidence of indebtedness authorized by City Council Resolution No. 4807 may be issued to finance the construction of the Improvements. Section 8. Proceeds from unbonded assessments, improvement bonds, foreclosure ofliens based on the Improvements and from other budgeted funds including ad valorem taxes, iflevied, to pay the debt shall be deposited in the Short Term Debt Fund until the indebtedness issued to finance the Improvements is redeemed. Proceeds so deposited may be used only to pay the indebtedness issued to finance the Improvements. Section 9. The City Manager, or the person designated in writing by the City Manager to act under Resolution No. 4807 may sign the evidence ofindebtedness issued to finance the construction of the Improvements. Section 10. This Resolution shall become effective immediately upon its adoption. The foregoing Resolution adopted the 26th day of June, 2006. City Recorder Resolution - 2 C:\Documents and Settings\cewetlb\Local Settings\Temporary Internet Files\OLK4\River Ave LID Resolution (00146526).DOC ATTACHMENTB FINDINGS AND RECOMMENDATIONS SUBJECT: PROPOSED FORMATION OF A LOCAL IMPROVEMENT DISTRICT FOR PAVING, CURBS, GUTTERS, SIDEWALKS, STREET LIGHTS, WATER QUALITY BIOSWALES, AND STORMWATER DRAINAGE ON RIVER AVENUE FROM 200 FEET EAST OF RIVER ROAD TO 100 FEET WEST OF BELTLINE HIGHWAY (JOB #3693) BACKGROUND River Avenue is major collector that runs parallel to and south of Beltline Road. At its eastern end River Avenue connects to Beltline, but also crosses under Beltline to connect to Division Avenue. The western end of River Avenue connects to River Road and past North Eugene High School. The properties along River Avenue are primarily commercial and governmental (MWMC Water Pollution Control Facility, US Post Office and Veterans' Clinic) and multifamily residential. The location of River Avenue, the uses along River Avenue, and the fact that it provides access to the Willamette River and the Ruth Bascom trail mean that the Avenue has experienced a significant increase in use. The use has caused a significant deterioration in portions of the Avenue. Its age means that it is not designed for the increased use by a variety of transportation methods. The River Avenue project was initiated by Council action on June 26,2000, by adoption ofthe 2001 Capital Budget and pursuant to Section 7 .160(5) of the Eugene Code (EC), 1971. The improvement project has been included in the adopted Metropolitan Transportation Plan. This is the second time in two years the question of formation of a Local hnprovement District has been initiated. City staff designed and bid an improvement project for River Avenue in 2004. Because some ofthe properties along River Avenue are located outside the Eugene city limits, Lane County must approve the inclusion of non-city properties in the local improvement district. The Lane County Board of Commissioners authorized by Board Order assessment of the ten unincorporated properties with in the proposed local improvement district. In conjunction with a 2004 public hearing on the formation of the LID the City received sufficient remonstrances to refer the question to the Council, as required by the Eugene Code. On April 20, 2005 Council directed staff to substantially modify the design and do more outreach with the public. Nine community meetings and three stakeholder meetings were held. The community meetings involved meetings with the River Road area residents, the Santa Clara and River Road Community Organizations, the Eugene Bike Coalition and the property owners and residents of River Avenue. A stakeholder group consisted of representatives of the community organizations and the Eugene Bike Coalition and the property owners. The stakeholder group developed a design concept approved by Eugene City Council in December 2005. Staff prepared plans and specifications, and called for competitive bids for the construction of the improvements based on Council Action on December 12, 2005, pursuant to Section 7.160(5) of the Eugene Code. The Eugene Arterial & Collector Street Plan was amended to allow for the revised design. PROPOSED PAVING, CURBS AND GUTTERS, SIDEWALKS, AND RELATED IMPROVEMENTS ON RIVER AVENUE FORMATION OF LOCAL IMPROVEMENT DISTRICT Page 1 On May 24, 2006, City and County staff updated the Board of County Commissioner on the status of the project. The report included information that County Counsel and the Eugene City Attorney are in agreement that the previous authorization to assess ten un-incorporated properties within the proposed district boundaries pursuant to Order 05-3-9-5 is valid for the project with the proposed revisions. Bids were opened on May 25,2006, with Delta Construction dba Delta Concrete as the apparent low bidder. The property owners were notified of the pending LID hearing ten (10) days prior to the hearing as required by Eugene Code. PROJECT The street improvements will consist of 34 to 44-foot wide paving. The improvements will include westbound and eastbound travel lanes with a continuous two way left turn lane. The project will also develop curbs and gutters, sidewalks, and a storm water drainage system with water quality bioswales and other water quality protection structures. The alternate mode improvements will include on-street bike-lanes for the westerly 1300 feet and a multi-use path along the south side of the road for the easterly 3100 feet. The proj ect will address the deteriorating roadway, provide for pedestrian safety and alternate transportation modes. Based on the low bid received, the costs listed below are the estimated assessment costs plus contingency. Paving 10-foot (per front foot) Paving 7-foot (per front foot) Sidewalk and drive aprons (per square foot) Direct assessed Stormwater (2 lots) $ 122.78 $ 91.38 $ 6.48 $4,958.38 Total Assessable Cost Total City Cost Total Project Cost $1,236,289.69 $2,053,097.94 $3,289,387.63 The Eugene Code provides that property owners on a major collector street are assessed for a portion of the width of the street based on zoning. Commercial properties are assessed for a ten foot width, residential properties are assessed for seven foot of width. The City pays for the remaining street and non-assessable storm drainage costs. The non-assessable City share for this project will be funded from Transportation SDC, Stormwater SDC and Stormwater Utility Funds. Additionally the total assessable costs include the MWMC assessment for the treatment plant property and the Federal Post Office. Assessment financing, a 10-year payment plan through the City, is available to all property owners within the improvement district. LOW INCOME SUBSIDY Ten potential residential property owners were notified of the Low-to-Moderate Income Street Improvement Subsidy program. None of the property owners qualified for the program. PROPOSED PAVING, CURBS AND GUTTERS, SIDEWALKS, AND RELATED IMPROVEMENTS ON RIVER AVENUE FORMATION OF LOCAL IMPROVEMENT DISTRICT Page 2 PUBLIC INVOLVEMENT There has been a great deal of public involvement in this project. Much of this is discussed above in the background section. After the bids were received, notice of the hearing was sent out to property owners and other interested parties. Five property owners and two representatives of stakeholder groups appeared at the hearing. A record of the hearing is attached as Exhibit A. Discussion at the hearing concerned details ofthe project and implementation. No doubts or questions about the necessity ofthe project were raised. FINDINGS AND RECOMMENDATION Notice ofthe 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 method of calculation of the area to be assessed and the estimated assessments is consistent with the language of the Eugene Code. The Hearings Official recommends that the Council act in accord with the City Engineer's recommendations, accepting the low bid and forming the local improvement district as set forth in the City Engineer's recommendations. RfW~ Milo Mecham Hearings Official Dated: June 19, 2006 PROPOSED PAVING, CURBS AND GUTTERS, SIDEWALKS, AND RELATED IMPROVEMENTS ON RIVER AVENUE FORMATION OF LOCAL IMPROVEMENT DISTRICT Page 3 Exhibit A MINUTES Local Improvement District Formation Proposed Formation of a Local hnprovement District for Paving, Curbs, Gutters, Sidewalks, Street Lights, Water Quality Bioswales, and Stormwater Drainage on River Avenue from 200 Feet East of River Road to 100 Feet West of Beltline. June 7, 2006 Public Hearing Hearings Official Milo Mecham convened the hearing at 6:02 p.m. The members of the public present were, for the most part, experienced with the local improvement district process. They began making comments about the project as soon as the hearing commenced. The Hearings Officer interrupted the conversation for a short time to make certain that everyone present know of the process and the place of this hearing in the process. The Hearings Official also asked Principal Engineer Michelle Cahill to make a short presentation to provide everyone with a basic understanding ofthe project. Principal Engineer Michelle Cahill began the City's presentation by briefly describing the project, which involves a major collector street located on the north side of Eugene, running parallel to and connecting to Beltline Road. Ms Cahill noted that, as a result of increased use of River Avenue, the existing roadbed has deteriorated and needs to be upgraded. In addition to its heavy vehicular use, the proximity to the river and the Ruth Bascom Riverbank Trail System is creating a need to accommodate several types of transportation users. Ms. Cahill briefly described the history of the project. The numerous times the project has been reviewed have led to a project that has seen a very high level of citizen input, and the consequent improvement of the project. Ms. Cahill also noted the role of Lane County in the review of the proposed local improvement district. She concluded by noting that it was the opinion of Eugene and Lane County Counsel that the previous approval of the project by the Board of Commissioners remained valid. Ms. Cahill and Project Engineer Joe Ramirez distributed spreadsheets showing the estimated assessments. After this brief overview of the project, the members ofthe public resumed their conversation with the City of Eugene staff regarding the project and the proposed assessments. The first comments came from Mr. Chuck Meeker, a property owner in the area. Mr. Meeker indicated that he was satisfied with the proposed project, especially because of the improvements that were added as a result of the discussions between City staff and the neighborhood community. Mr. Meeker indicated especially satisfaction with the added turn lane for the project, which he felt had been added without an unreasonable increase in cost. Mr. Meeker expressed his opinion that the original objections to the project did not have to do with objections to the design, but with other matters unrelated to design. Several participants asked about the parking that was planned for the east end of the project, close to the bike path. Principal Engineer Michelle Cahill responded that a parking bay had been designed after discussions with individuals of the stakeholders group. The design work led to creating a parking bay for three vehicles. Ms. Cahill also indicated that, while it was not a part of the project there might be additional parking added later, depending on the nature and success of grant applications. A question was asked concerning the proposed phasing of the project. Principal Engineer Cahill indicated that the expectation was that the work would proceed in phases. This year the first phase would concentrate on preliminary work, site preparation, storm drainage work and so forth. The second phase next year would involve the final paving and other completion work. A question was asked concerning the assessments proposed for properties where a portion of the street was already developed. Principal Engineer Cahill acknowledged that there were portions of the proposed district where there were already curbs in place. For those properties the cost of curb construction was deducted from proposed assessment. Another question was asked about the end of River Avenue which was apparently in good shape. The questioner suggested that improvement was not necessary because of the remaining quality of the street. Ms. Cahill acknowledged that the City had investigated the matter, but was unable to find information related to the date or manner of the improvements. Because the City lacked the information necessary to evaluate the potential for future quality, the City decided that is was necessary to replace the street even where it had not yet started to deteriorate. Ms. Sue W olling of the Bicycle Coalition indicated that the Coalition was grateful to have been included in the stakeholder group discussion. Ms. WoIling said that the Coalition felt that the project was a valuable addition to the City, and that the Coalition looked forward to working with the City and the neighborhood on future projects. Discussion of the possible extension of the bicycle trail prompted Mr. Meeker to ask about continued access to the boat launching area in the event the bike trail was extended. Ms. Cahill responded that this was outside the focus of the current project, so she could not speculate on what might happen elsewhere. Ms. Cahill did acknowledge the widespread use of the launching point. She pointed out that it was not an official launch, and that there had been some concerns about the safety of the launching place. Ms. Patt Meeker asked about the possible movement of the electric poles along River Avenue. Principal Engineer Cahill responded that the new design had created some conflict between the electric poles and the street trees. EWEB had declined to pay to move the poles across the street. The result is that the electric and street light poles will be moved somewhat, but not across the street. This prompted Mr. Paul Spain to ask about anchoring the electrical connection to his business. His experience was that movement of the electrical poles resulted in an increased weight of electrical wires. This sometimes requires extraordinary responses, which EWEB will not provide withoutgcharge. Ms. Cahill' acknowledged that she was not familiar with EWEB's position on this matter, but that the Engineering staff would follow up with EWEB and get an answer back for Mr. Spain. Mr. Lloyd Henson was the only person to make any statements that were not positive about the project. The only specific comments concerned questions about the need to replace a portion of the street that he believed had not deteriorated. Mr. Henson was concerned about the parking space or spaces at the end of River Avenue. He asserted that at this time the areas near where the City proposed to create a parking bay for access to the river was the site of a homeless camp and had increased crime in the area. Mr. Rob Handy, Chair of the River Road Neighborhood group expressed his appreciation of the process, and the transparency that the City afforded residents as the project developed. Mr. Handy expressed his thanks to the property owners who went the extra mile and participated as stakeholders in the project. Mr. Handy also felt that the Bicycle Coalition had contributed to the process. Mr. Paul Spain was the last member of the public to address the Hearings Official. Mr. Spain asked that his remarks concerning the City Council's involvement in the planning process be a matter of special note. Mr. Spain indicated that he was disappointed at some of the remarks made by Council members at a December 2005 meeting. Asking specifically that his remarks be transmitted to the Council, Mr. Spain indicated that he had been disappointed to hear some Council members express concern about proceeding with the improvements. This disappointment arose from the fact that prior to the statements by some Council members there had been a great deal of citizen participation in the development of the process, resulting in widespread citizen support of the project. Mr. Spain felt that the strong support for the project, developed through the stakeholder involvement process, should have been enough to answer all questions regarding the viability of the project. There being no further questions or further requests to speak, the hearing was adjourned at 6:40 p.m. " MEMORANDUM DATE: June 7, 2006 FROM: Mark Schoening, City Engineer TO: Hearings Official SUBJECT: PROPOSED FORMATION OF A LOCAL IMPROVEMENT DISTRICT FOR PAVING, CURBS, GUTTERS, SIDEWALKS, STREET LIGHTS, WATER QUALITY BIOSW AL~S, AND STORMW ATER DRAINAGE ON RIVER A VENUE FROM_200 FEET EAST OF RIVER ROAD TO 100 FEET WEST OF BELTLINE mGHWAY (JOB #3693) BACKGROUND River Avenue is major collector located on the north side of Eugene, running parallel to and then connecting to Beltline Road. River Avenue also connects to River Road, Division Avenue, and Beaver Street, and is one of only three ways to cross Beltline Road between the Northwest Expressway and the River. As a result of increased use, the existing roadbed is deteriorating and needs to be upgraded. In addition, development in this general area and two connection points to the Ruth Bascom Riverbank Trail System is creating a need to accommodate a variety of transportation users, including bicyclist, bus riders, pedestrians, and motorists for current and future needs. The land use is primarily commercial, government (MWMC Water Pollution Control Facility, US Post Office and Veteran's Clinic) and multifamily residential. This project was initiated by Council action on June 26, 2000, by adoption of the 2001 Capital Budget and pursuant to Section 7.160(5) ofthe Eugene Code (EC), 1971. This improvement project has been included in the adopted Metropolitan Transportation Plan first adopted in 1986 and subsequently updated and adopted. This is the second time in two years the question of formation of a Local Improvement District, is before us. City staff designed and bid an improvement project for River Avenue. Bids were received in 2004. Lane County Board of County Commissioners authorized by Board Order assessment of ten unincorporated properties with in the project. In conjunction with a 2004 public hearing on the formation of the LID the City received a 51 % remonstrance and the public hearing was continued at the City Council. On April 20, 2005 Council directed staff to substantially modify the design and do more outreach with the public. Nine community meetings and three stakeholder meetings were held. Community Meetings included the River Road area residents, the Santa Clara and River Road Community Organizations, the Eugene Bike Coalition and the property owners and residents of River Avenue. A stakeholder group consisted or representatives of the community organizations and the Eugene Bike Coalition and the property owners. The stakeholder group developed a design concept approved by Eugene City Council in December 2005. Staff prepared plans and specifications, and called for competitive bids for the construction of the improvements based on Council Action on December 12,2005, pursuant to Section 7.160(5) of the Eugene Code, 1971. The Eugene Arterial & Collector Street Plan was amended to allow for the revised design. On May 24,2006, City and County staff updated the Board of County Commissioner on the status of the project and reported that County Counsel and the City Attorney are in agreement that the previous authorization to assess ten un~incorporated properties within the proposed district boundaries pursuant to Order 05-3-9-5 is valid for the project with the proposed revisions. Bids were opened on May 25, 2006, with Delta Construction dba Delta Concrete as the apparent low bidder. The property owners were notified of the pending LID hearing ten (10) days prior to the hearing as required by Eugene Code. The LID formation hearing on June 7, 2006, is to review the bid information, confirm whether the LID should be formed and to identify any special conditions that should be included in the resolution forming the LID. CORRESPONDENCE Since the mailing of the Notice of Proposed LID, City staff received one phone call from Rob Handy a representive from the River Road Community Organization. None of the property owners have indicated they will be attending the hearings as of noon, June 6, 2006. No written correspondence has been received. PROJECT The street improvements will consist of 34 to 44-foot wide paving. The improvements will include westbound and eastbound travel lanes with a continuous two way left turn lane, curb and gutters, sidewalks, and storm water drainage system with water quality bioswales and water quality structure, on street bike-lanes for the westerly 1300 feet and a multi-use path along the south side of the road for the easterly 3100 feet. The project will address the deteriorating roadway, provide for pedestrian safety and alternate modes. ASSESSMENTS Costs listed below are the estimated assessment costs calculated from the low bid. The calculations are consistent with adopted Council policy. A 10% contingency has been included in the estimated costs. . Paving 10-foot (per front foot) Paving 7-foot (per front foot) Sidewalk and drive aprons (per square foot) Direct assessed Stormwater (21ots) $ 122.78 $ 91.38 $ 6.48 $4,958.38 Total Assessable Cost Total City Cost Total Project Cost $1,236,289.69 $2,053,097.94 $3,289,387.63 Per Eugene Code, property owners on a major collector street are assessed for a portion of the width of the street based on zoning. The City pays for the remaining street and non-assessable storm drainage costs. The non- assessable City share for this project will be funded from Transportation SDC and Stormwater SDC and Utility Funds. Additionally the total assessable costs include the MWMC assessment for the treatment plant property and the Federal Post Office. Assessment financing, a 10-year payment plan through the City, is available to all property owners within the improvement district as identified by Eugene Code, Chapter 7. LOW INCOME SUBSIDY Ten potential residential property owners were notified of the Low-to-Moderate Income Street Improvement Subsidy program. The subsidy program is available to property owners who occupy a single family dwelling or duplex and meet other program criteria. Owners were sent fact sheets which describe the household size and income levels for the subsidy program which is based on the current Lane County Median Family Income. Property owners were given until May 26, 2006 to return their application forms to determine eligibility. Of the 10 property owners none of the owners qualify for the program. RECOMMENDATION This project is critical element creating a safe community for all modes of transportation. The unit prices submitted with the low bids are competitive and based on staff review appropriate for this scale of project. Staff recommends approval of formation of the LID. ]1" '^3t:1 ~ 'ON l:J:rO~ 3N111138 0.1 TI""''' AS 03>1:l]H:) OVOH H3AIH WOl::l:l 9t;)J..l )! AS f'W"'~ """"" r ,1.8 C31'ID1S3(] 3nN3^V ~3^1~ 31.OS """'''''''''' 3lva f---- z: C) w :2 z: (f) S ill (f) <r: a 8 i<! W 0:::: @:!~i 8 (f) 0 ~,,~ ~ (f) ~ i <r: AS NOlldllOSJO CO) Ii: CID ~ N tl . ~~~-(ID !!i" ~ i' - 0 ~ ili ~~ -~ "Ii @ -- ! !< ~ l'l @,~~~ ll\ W~F!~ ~; - ~ ~ \ \ @ i:1 ~ ~ ~~~ ~;;~~ ~ iIi - i ----- w ::> z w 1: i 8 > (V) @1~2~ ~: 0> ~~F~ \ ~~\~ W @!i!~ 1\: > ,,~ ~, ~, ~ g II i ~ 1\ II II I I I I 1:11 ~ ~~~ ; ~~i@ ilo !i! " _ 2! 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