Loading...
HomeMy WebLinkAboutItem 2C: Res/LID-Debrick RoadEUGENE CITY COUNCIL AGENDA ITEM SUMMARY Approval of Minutes, Finding and Recommendations from the Hearings Official and Adoption of Resolution 4847 Forming a Local Improvement District for Paving, Constructing Curbs, Gutters, Sidewalks, and Storm System on Debrick Road from Clinton Drive to Valley Butte Drive, and Butte Lane from Clinton Drive to 700 Feet South (Job #4111) Meeting Date: July 18, 2005 Agenda Item Number: 2C Department: Public Works Staff Contact: Paul Klope www. eugette-or, gov Contact Telephone Number: 682-5246 ISSUE STATEMENT The City Council is being asked to approve the Hearings Official's Minutes, Findings and Recommendations dated July 11, 2005, and to adopt a resolution forming a Local Improvement District (LID) for paving, constructing curbs, gutters, sidewalks, and storm system on Debrick Road from Clinton Drive to Valley Butte Drive, and Butte Lane from Clinton Drive to 700 feet south BACKGROUND The project design and bidding was initiated as a result of a Poll Petition by the City in November 2003. The petition requesting the LID was signed by property owners who represent 71% of the assessable frontage within the boundaries of the proposed LID. The City Engineer initiated the preparation of plans and specifications, pursuant to Section 7.160(8) of the Eugene Code, 1971, on February 20, 2004. The LID improvement would bring Debrick Road up to City standards and meet the current and future pedestrian, bicycle and vehicular needs. Bids were opened on June 21, 2005, with Delta Construction 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 23, 2005, to review the bid information, confirm whether the LID should be formed and identify any special conditions that should be included in the resolution forming the LID. Three (3) property owners attended the hearing (see Hearings Official Minutes). Based on the low bids received, the costs listed below are the total estimated assessment costs plus contingency for the local improvement district. Paving 28-foot (per front foot) $ 90.82 Paving 21-foot (per front foot) $ 74.44 Sidewalks (per from foot) $ 26.70 L:\CMO\2005 Council Agendas\M050718\S0507182C.doc Total Estimated Assessable Cost $234,894.39 Total Estimated City Cost $183,478.17 Total Estimated Project Cost $418,372.56 Per City Code, property owners on local streets pay for the full width of the street, and the City pays for intersection costs and non-assessable storm drainage costs. The non-assessable City share for this project will be funded from the Road Fund and Stormwater SDC Fund. Assessments are anticipated to be levied following the completion of construction. Following the levy of assessments, a 1 O-year payment plan through the City is available to all property owners within the improvement district as identified by Eugene Code, Chapter 7. All necessary steps have been completed as prescribed by the Eugene Code for the initiation and formation of an 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, or 4. Abandon the improvements. CITY MANAGER'S RECOMMENDATION The City Manager recommends approval of the Minutes, Findings, and Recommendations of the Hearings Official and adoption of the resolution forming the LID as described. SUGGESTED MOTION Move to approve the Hearings Official's Minutes, Findings and Recommendations of July 11, 2005. Move to adopt Resolution 4847 forming a Local Improvement District for paving, constructing curbs, gutters, sidewalks, and storm system on Debrick Road from Clinton Drive to Valley Butte Drive, and Butte Lane from Clinton Drive to 700 feet south. (Job #4111) ATTACHMENTS A. Resolution B. Hearings Official Minutes, Findings and Recommendations C. Vicinity Map L:\CMO\2005 Council Agendas\M050718\S0507182C.doc FOR MORE INFORMATION Staff Contact: Paul Klope Telephone: 682-5246 Staff E-Mail: paul.w.klope.~ci, eugene.or.us L:\CMO\2005 Council Agendas\M050718\S0507182C.doc ATTACHMENT A RESOLUTION NO. A RESOLUTION FORMING A LOCAL IMPROVEMENT DISTRICT FOR PAVING, CONSTRUCTING CURB, GUTTER, SIDEWALKS, AND STORM WATER DRAINAGE SYSTEM ON DEBRICK ROAD FROM CLINTON DRIVE TO VALLEY BUTTE DRIVE, AND BUTTE LANE FROM CLINTON DRIVE TO 700 FEET SOUTH. (JOB #4111) 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 officer's report, the City Council hereby declares it is in the public interest to construct the local improvements described in Section 2 of this Resolution and assess part of the costs thereof to the specially benefitted properties on Debrick Road from Clinton Drive to Valley Butte Drive, and Butte Lane from Clinton Drive to 700 feet south. Section 2. The Council hereby orders the establishment of a local improvement district on Debrick Road from Clinton Drive to Valley Butte Drive, and Butte Lane from Clinton Drive to 700 feet south and in that district to pave, construct curbs, gutters, sidewalks, and storm water drainage system and related improvements ("the Improvements'). Section 3. The costs of the Improvements shall be borne by and assessed to the properties in the district in accordance with EC 7.175. 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 1 lb, Art. XI of the Oregon Constitution as assessments for a local improvement, not subject to the constitutional limitation of $10 per thousand 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. 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 of the State of Oregon and Charter and ordinances of the City of Eugene, and is directed by this Resolution. Section 5. The City of Eugene, Oregon expects to make expenditures from its available funds to pay for the costs of improvements to Debrick Road from Clinton Drive to Valley Butte Drive, and Butte lane from Clinton Drive to 700 feet south (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 Resolution- 1 Q :~ROJECTSLPROJ- 1 \4111 \Correspondence\Council\4111 LID Resolution .DOC expenditures made from the City's available funds for the Project. The City expects that the principal amount of the Reimbursement Bonds will not exceed $234,895, which represents the estimated assessment amount plus a margin of 10%. Section 6. 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 7. Proceeds from unbonded assessments, improvement bonds, foreclosure of liens based on the Improvements and from other budgeted funds including ad valorem taxes, if levied, 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 8. The City Manager, or the person designated in writing by the City Manager to act under Resolution No. 4807 may sign the evidence of indebtedness issued to finance the construction of the Improvements. Section 9. This Resolution shall become effective immediately upon its adoption. The foregoing Resolution adopted the 18th day of July, 2005. City Recorder Resolution - 2 QSPROJECTS~PROJ-I\411 l\Correspondence\Council\4111 LID Resolution .DOC Exhibit A MINUTES Local Improvement District Formation Paving, Construction, Curbs, Gutters, Sidewalks and Stormwater Drainage on Debrick Road from Clinton Drive to Valley Butte Drive, and on Butte Lane from Clinton Drive to 700 Feet South. June 23, 2005 Public Hearing Hearings Official Milo Mecham convened the hearing at 6:02 P.m. He described the subject matter of the hearing and procedures to be followed at the hearing. Present at the hearing representing the City of Eugene was Project Manager Terry Colvin. Also present was Principal Engineer Paul Klope. Project Engineer Terry Colvin began the City's presentation by briefly describing the condition of the street. Debrick Lane is a series of dusty potholes, an unsurfaced lane with drainage problems. Owners of more than seventy percent of the assessable properties petitioned for the improvements to be made. Mr. Colvin described the proposed improvements. The portion of Butte Drive from Clinton to Debrick will be improved with a 21 foot paving width and have a raised crosswalk installed. The improvements on Debrick, and on the remainder of Butte Drive will include 28 foot wide paving. All of the project will include curbs, gutters, sidewalks and installation of a storm water drainage system. Mr. Colvin described the estimated proposed assessments. In accordance with existing Council policies, property owners will be assessed for a minimum of 50 feet of front footage, and a maximum of 100 feet. The proposed assessments will include only assessments for the street paving and the sidewalks. After Mr. Colvin had concluded his introduction, attending property owners were invited to ask questions. The first property owner to ask a question was Stephanie Cleveland. Ms. Cleveland inquired as to the comparative cost of this project and other, similar projects. Mr. Colvin responded that the price of the bid was comparable to other bids, that the City was very satisfied with the expected cost of the project. Mr. Colvin explained that the bid was similar to the estimated cost two years ago when the first estimates were done. Ms. Cleveland asked what the estimated assessments would be for her property. Mr. Colvin provided the assessments, including the portion that would be a delayed assessment. Ms. Cleveland asked what plans had been made for traffic flow during the project. Mr. Colvin responded that the contractor is required to maintain access to the properties while the work is being done. There maybe a temporary closure of up to four hours, but there should not be any long term problems. Mr. Klope added that the contractor may ask the property owners if special arrangements can be made, so that the work can progress faster. Mr. Klope also explained that the initial plan is for the contractor to work on half of the street at a time, so that the other half would provide access. The next person to ask questions was Ms. Summer Young, representing Arlie and Company. She asked only about the estimated assessment for the Arlie and Company property. Mr. Dave Yarbrough began has turn with a statement of gratitude toward the city for the assistance they had provided with regard to his special concerns regarding the driveway to his property. He then asked about any changes in cost estimates, and if there had been any requests to change the street width. Mr. Colvin provided Mr. Yarbrough with the estimated assessment for his property and responded that there had been no sentiment expressed by property owners to change the width of the proposed street improvements. Mr. Yarbrough asked several questions about financing and the process of development, and finally whether there will be stop signs installed at the intersection. Mr. Klope explained the financing process, and how final assessments would be calculated when the project had been completed. Mr. Colvin provided some additional information about the project, including that there were no stop sign installations planned at this time. Mr. Colvin described the street configurations planned to slow traffic. There being no further questions or further requests to speak, the hearing was adjourned at 6:40 p.m. ATTACHMENT B FINDINGS AND RECOMMENDATIONS SUBJECT: PROPOSED LOCAL IMPROVEMENT DISTRICT FORMATION FOR PAVING, CONSTRUCTING CURBS, GUTTERS, SIDEWALKS, AND STORM WATER DRAINAGE SYSTEM ON DEBRICK ROAD FROM CLINTON DRIVE TO VALLEY BUTTE DRIVE, AND BUTTE LANE FROM CLINTON DRIVE TO 700 FEET SOUTH (JOB #4111) BACKGROUND Debrick Road is a street in the Cal Young - Willagillespie area, located near the bottom of a small hill. Usage along Debrick and Butte Lane has increased, but this has meant a deterioration of portions of the street. The portion of Debrick scheduled for improvement is now a gravel street, which is badly potholed and has poor drainage. In 2003 the property owners in the area requested the City to initiate a project to improve the street. The City held a public information meeting in January 2004 to discuss design issues and to formulate an initial design for the project. After preparatory work by the City, the project was put out to bid. The property owners were notified of the projected assessments and the impending public hearing. A public hearing was held on June 23, 2005 PROJECT The improvements will consist of a 21-foot wide road on Butte Drive from Clinton to Debrick with a raised crosswalk, and 28 foot paving on the remainder of Butte Drive and all of Debrick. The City will also install sidewalks and a storm drainage system. Butte Drive will culminate in a cul-de-sac. Based on the low bid received, the costs listed below are the estimated assessment costs plus contingency. Paving 28-foot (per front foot) $ 90.82 Paving 21-foot (per front foot) $ 74.44 Sidewalk (per square foot) $ 26.20 Total Estimated Assessable Cost $ 234,894.39 Total Estimated City Cost $ 183,478.17 Total Estimated Project Cost $ 418,372.56 The non-assessable City share for this project will come from Road Funds and Storm Water SDCs. The City will pay for the intersections and non-assessable storm drainage system costs. PROPOSED PAVING, CURBS AND GUTTERS, SIDEWALKS, AND RELATED IMPROVEMENTS ON DEBRICK ROAD AND BUTTE LANE FORMATION OF LOCAL IMPROVEMENT DISTRICT Page PUBLIC INVOLVEMENT The project was initiated by a petition signed by seventy-one percent of the property owners. Prior to the public hearing on the proposed formation of the local improvement district, notice of the pending hearing was sent to all property owners. Three property owners or representatives of property owners appeared at the hearing. A record of the hearing is attached as Exhibit A. Discussion at the hearing concerned details of the project and implementation. No doubts or questions about the necessity of the project were raised. 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 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. Res~pectfully s3kbmitted, .,// ~ ,-.~ / , , Milo Mecham Hearings Official Dated: July 11, 2005 PROPOSED PAVING, CURBS AND GUTTERS, SIDEWALKS, AND RELATED IMPROVEMENTS ON DEBRICK ROAD AND BUTTE LANE FORMATION OF LOCAL IMPROVEMENT DISTRICT Page 2 MEMORANDUM June 23,2005 TO: Hearings Official FROM: Mark Schoening, City Engineer SUBJECT: PROPOSED LOCAL IMPROVEMENT DISTRICT FORMATION FOR PAVING, CONSTRUCTING CURBS, GUTTERS, SIDEWALKS, AND STORM WATER DRAINAGE SYTEM ON DEBRICK ROAD FROM CLINTON DRIVE TO VALLEY BUTTE DRIVE, AND BUTTE LANE FROM CLINTON DRIVE TO 700 FEET SOUTH (JOB #4111) BACKGROUND The project design and bidding was initiated as a result of a Poll Petition by the City, in November, 2003. The petition requesting the local improvement district was signed by property owners who represent 71% of the assessable frontage within the boundaries of the proposed Local Improvement District (LID). The City Engineer initiated the preparation of plans and specifications, pursuant to Section 7.160(8)of the Eugene Code, 1971 on February 20, 2004. The LID improvements would bring Debrick Road up to City standards and are proposed to meet the current and future pedestrian, bicycle and vehicular needs. Bids were opened on June 21,2005, with Delta Construction as the apparent Iow bidder. The property owners were notified of the pending LID hearing ten (10) days prior to the hearing as required by Municipal Code. The LID formation hearing on June 23, 2005, 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 City staff has received 2 phone calls from property owners wanting to attend the hearing and no written correspondence has been received as of noon, June 22, 2005. PROJECT The street improvements will consist of 28-foot wide paving on Debrick Road from Clinton Drive to 160' north of Valley Butte Drive, and on Butte Lane from Debrick Road to the south end, and 21-foot wide paving on Butte Lane from Clinton Drive to Debrick Road. The improvements will include two travel lanes, curb and gutter, sidewalks, and storm water drainage system, and will address the deteriorating roadway, and poor drainage system, and provide for pedestrian safety. ASSESSMENT Costs listed below are the estimated assessment costs calculated from the Iow bid. The calculations are consistent with adopted Council policy. A 10% contingency has been included in the es{imated costs. Paving 28-foot (per front foot) $90.82 Paving 21-foot (per front foot) $74.44 Sidewalk (per front foot) $26.70 Total Assessable Cost $234894.39 Total City Cost $183478.17 Total Project Cost $418372.56 Per City Code, property owners on local streets pay for the full width of the street, and the City pays for intersection costs and non-assessable storm drainage costs. The non-assessable City share for this project will be funded from Road Fund and Storm water SDC Fund. Transportation SDC funds may only be used on arterial and collector street projects. Assessment financing, a 10-year payment plan through the City, is available to all property owners within the improvement district as identified by City Code, Chapter 7. LOW INCOME SUBSIDY Twenty seven 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 June 24, 2005, to return their application forms to determine eligibility. Recommendations The unit prices submitted with the Iow bid are competitive and, based on staff review, appropriate for this scale of project. Staff recommends approval of formation of the LID. 17-03-19-30-02411-000 93004111 17-03-19-30-02411-000 93004111 17-03-19-43-00303-000 93004111 DILLON 3ANEY L YARBROUGH DAVID H HONG KONG ME/RO REALLY CO INC 1120 8U]-FE LN 1120 BUTTE LN 4610 UNIVERSITY AVE #1018 EUGENE OR 97401 EUGENE OR 97401 MADISON WI 53705 17-03-19-43-00500-000 93004111 17-03-19-43-00500-000 93004111 17-03-19-43-00500-000 93004111 HARRIS NORMAN R HARRIS NORMAN R & CONNIE L HARRIS NORMAN R & CONNIE L P 1255 BUTTE LN PO BOX 3978 PO BOX 3978 EUGENE OR 97401 PALMER AK 99645 PALMER AK 99645 17-03-19-43-00601-000 93004111 17-03-19-43-00601-000 93004111 17-03-19-43-00700-000 93004111 DUIKER LISA A DUIKER PAUL G CARTER VANESSA L 1235 BUTTE LN 1235 BU'I-I-E LN 1185 DEBRICK RD EUGENE OR 97401 EUGENE OR 97401 EUGENE OR 97401 17-03-19-43-00701-000 93004111 17-03-19-43-00701-000 93004111 17-03-19-43-00800-000 93004111 BRAICHER DOROTHY 3OANN ROSALES 3AMES HANSON MICHAEL W 1205 BUTTE LN 1205 BU1-FE LN 1180 CLINTON DR EUGENE OR 97401 EUGENE OR 97401 EUGENE OR 97401 17-03-19-43-00901-000 93004111 17-03-19-43-00902-000 93004111 17-03-19-43-00903-000 93004111 KONRADY DENNIS S & CHELSEA A 3OHNSON TIMOIHY W SEBRING MARK N & LINDA 3 2354 SANDY DR 1140 DEBRICK 1132 BU1-FE LN EUGENE OR 97401 EUGENE OR 97401 EUGENE OR 97401 17-03-19-43-01000-000 93004111 17-03-19-43-01001-000 93004111 17-03-19-43-01002-000 93004111 THOMING BARRY L & PATRICIA MCCOLL SCO'FF R & 3ULIE L JOINER PAUL B & SHARON K 1150 DEBRICK RD 1160 DEBRICK 1170 DEBRICK RD EUGENE OR 97401 EUGENE OR 97401 EUGENE OR 97401 17-03-19-43-01100-000 93004111 17-03-19-43-01100-000 93004111 17-03-19-43-01200-000 93004111 CLEVELAND RICHARD W & STEPHANIE J RADIX INTERNATIONAL INC CLEVELAND RICHARD W & STEPHANIE ] 1230 BUTTE LN 1230 BUI-FE LN 1230 BU]-FE LN EUGENE OR 97401 EUGENE OR 97401 EUGENE OR 97401 17-03-19-43-01401-000 93004111 17-03-19-43-01402-000 93004111 17-03-19-43-01403-000 93004111 BRYANT DANIEL E H & JUDITH A H MONTE DONALD W & EDAM MONIE DONALD W & EDA MARIE 1280 BUI-FE LN 1260 BUTTE LN 1260 BUTTE LN EUGENE OR 97401 EUGENE OR 97401 EUGENE OR 97401 17-03-19-43-01500-000 93004111 17-03-19-43-01502-000 93004111 17-03-19-43-01503-000 93004111 ALMATROOD NAJEEB ARLIE HOMES INC PAULSEN TERRY G & GLORIA A PO BOX 5 722 COUNTRY CLUB RD 1300 BUI-FE LN EUGENE OR 97440 EUGENE OR 97401 EUGENE OR 97401 ICK ./BU-- #4 CAL YOUNG ROAD fi/N QILLESPIE BUTTE VALLEY R`IVER` CENTER, CITY OF EUGENE VICINITY MAP PUI3LIC ~'ORK5 ENGINEEP-,ING PROJECT ~/4111 SCALE = N.T.5.