Loading...
HomeMy WebLinkAboutItem 6: Ordinance Levying Assessments for 6th Alley ECC UGENE ITY OUNCIL AIS GENDA TEM UMMARY Action: Approval of Minutes, Findings and Recommendations from the Hearings Official and Adoption of an Ordinance Levying Assessments for Concrete Alley Paving th and Constructing Wastewater and Stormwater Systems on 6 Alley between Tyler Street and Polk Street; and Providing an Immediate Effective Date (Contract 2008-28)(Job #4527) Meeting Date: December 8, 2008 Agenda Item Number: 6 Department: Public Works-Engineer Staff Contact: Michelle Cahill www.eugene-or.gov Contact Telephone Number: 682-6855 ISSUE STATEMENT The City Council is being asked to approve the Hearing Official’s Minutes, Findings and Recommendations dated November 24, 2008, and adopt an ordinance levying assessments for concrete th alley paving and constructing wastewater and stormwater systems on 6 Alley between Tyler Street and Polk Street. Note: This item has an immediate effective date. An immediate effective date requires a two-thirds majority or six affirmative votes from the council to enact. Ordinances without an immediate effective date do not take effect for 30 days. Without an immediate effective date, an additional 30 days of interest expense will accrue. BACKGROUND The City Council formed the Local Improvement District (LID) for this project on May 12, 2008. The final assessment hearing held on November 19, 2008, was to review the final project cost, consider comments on the proposed assessments, and to provide evidence to be included in the ordinance levying the assessments by the City Council. Two property owners attended the hearing (see Hearings Official Minutes). The project was initiated as a Poll Petition in July 2007 by a majority of the business and property owners who abut the alley. The City Engineer initiated the preparations of plans and specifications, pursuant to Section 7.160(8) of the Eugene Code, 1971, on March 25, 2008. Bids were opened on April 10, 2008, with H & J Construction as the apparent low bidder. The property owners were notified of the public hearing regarding formation of the proposed LID and a hearing was held on April 21, 2008. Z:\CMO\2008 Council Agendas\M081208\S0812086.doc Project This project is an existing City alley between Polk Street and Tyler Street that had a gravel surfacing and no city storm facilities. The gravel surface was in very poor condition despite frequent grading by property owners. The cause of the rapid deterioration of the alley surfacing was a result of level topography and the lack of a storm system necessary to rid the area of standing water. The old wastewater line was located within the alley and was originally constructed in 1914. The wastewater pipe was in very poor condition. This project replaced the wastewater pipe with new pipe under the Wastewater System Rehabilitation Capital Improvement Program. A storm system including a water quality structure was added, and the alley was surfaced with Portland Cement Concrete bringing it up to City standards as described in the City Code and the Public Improvement Designs Standards manual. Assessments Costs were distributed per Eugene Code 7.175, and outlined in the council-adopted Hearings Official Findings and Recommendations, and Resolution forming the LID. final assessable unit Below are the costs: Unit Assessable Cost (per front foot) $ 8.95 Unit Assessable Cost (per square foot) $ .0639 Total Assessable Cost (for weighted frontage) $ 59,796.24 Total Assessable Cost (for weighted areas) $ 59,796.22 Direct Assessment $ 1,084.22 final project costs A breakdown of the by assessment and City share includes: Total Assessable Cost $120,676.70 Total City Cost $ 55,468.10 Total Project Cost $176,144.80 The City costs are $49,957.72 for the wastewater rehabilitation paid for out of the capital program for rehabilitation of the City’s aging wastewater infrastructure and $5,510.38 from stormwater System Development Charges (SDC’s) to extend the storm system across the street to the beginning of the alley and provide better access to the existing stormwater system for maintenance. The final assessable costs are higher than estimated when the LID was formed. The increase in assessable costs came about because of increased paving costs for the alley and a direct assessment. The direct assessment is for a property owner requesting specific work outside the scope of the alley improvement. The property owner agreed to pay for the work and the contractor was willing to do the work while they were on-site. Additional increases were also a result of additional pavement that was installed along the alley. After consultation with the property owners, the alley pavement was widened and thickened to respond to the conditions discovered in the transition to private property. estimated assessment Based on the low bid received, the costs listed below are the costs plus at the time of the formation of the LID contingency, calculated (May 12, 2008): Z:\CMO\2008 Council Agendas\M081208\S0812086.doc Unit Assessable Cost (per front foot) $ 8.20 Unit Assessable Cost (per square foot) $ 0.0586 Total Assessable Cost (for weighted frontage) $ 54,810.00 Total Assessable Cost (for weighted areas) $ 54,810.00 Total Estimated Assessable Cost $109,620.00 Total Estimated City Cost $ 59,970.00 One potential residential property owner was 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. This owner was 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. This property owner was given until October 15, 2008, to return their application form to determine eligibility. The owner did not qualify for the program RELATED CITY POLICIES The assessment costs were distributed as outlined in the council-adopted Hearings Official’s Findings and Recommendations and Resolution forming the LID. COUNCIL OPTIONS Special assessment provisions adopted as part of the LID resolution cannot be modified during the final assessment process if they result in increased costs to the property owners. The final assessment hearing was to review the calculations to assure conformance with the requirements stated in the LID resolution and the Eugene Code. Per Section 7.187, the City Council can take the following actions: 1.Approve the Minutes, Findings and Recommendations of the Hearings Official of November 24, 2008, and adopt the ordinance levying assessments. 2.If after the review of the proposed assessment, the City Council determines that the assessments should be modified, staff would be directed to publish a new notice and a public hearing must be conducted. New findings would then be prepared for City Council adoption. CITY MANAGER’S RECOMMENDATION The City Manager recommends approval of the Minutes, Findings and Recommendations of the Hearings Official and adoption of the ordinance levying assessments. SUGGESTED MOTION 1.Move to approve the Minutes, Findings and Recommendations of the Hearings Official of November 24, 2008. 2.Move to adopt an ordinance levying assessments for concrete alley paving and constructing th wastewater and stormwater systems on 6 Alley between Tyler Street and Polk Street; and providing an immediate effective date. Z:\CMO\2008 Council Agendas\M081208\S0812086.doc ATTACHMENTS A. Ordinance – includes Hearings Official’s Minutes, Findings and Recommendations FOR MORE INFORMATION Staff Contact: Michelle Cahill, Principal Civil Engineer Telephone: 682-6855 Staff E-Mail: michelle.r.cahill.@ci.eugene.or.us Z:\CMO\2008 Council Agendas\M081208\S0812086.doc