The URL can be used to link to this page

Home My WebLink AboutItem 4: Resolution forming LID (Elmira Road) ECC UGENE ITY OUNCIL AIS GENDA TEM UMMARY Action: Approval of Minutes, Findings and Recommendations from the Hearings Official and Adoption of Resolution 4970 Forming a Local Improvement District for Paving, Constructing Curbs, Gutters, Sidewalks, Street Lights, Stormwater Drainage, Water Quality Facilities, on Elmira Road from Bertelsen Road to Maple Street and Maple Street from Elmira Road to Roosevelt Boulevard (Job #4275) Meeting Date: April 13, 2009 Agenda Item Number: 4 Department: Public Works-Engineering Staff Contact: Mark Schoening www.eugene-or.gov Contact Telephone Number: 682-5243 ISSUE STATEMENT The council is being requested to approve the Hearings Official’s Minutes, Findings, and Recommendations dated April 6, 2009, and to adopt a resolution forming a Local Improvement District (LID) for paving, constructing curbs, gutters, sidewalks, street lights, stormwater drainage and water quality facilities on Elmira Road from Bertelsen Road to Maple Street and Maple Street from Elmira Road to Roosevelt Boulevard. BACKGROUND Elmira Road and Maple Street are neighborhood collector streets and located in the Active Bethel Citizens neighborhood on the west side of Eugene. The existing roadway has no curb, gutter, or sidewalks and the existing road surface is in very poor condition. City representatives attended the Active Bethel Citizens Neighborhood meeting in the fall of 2006 to kick off a public outreach process for the design of the Elmira Road and Maple Street. After the neighborhood meeting, between November 2006 and January 2009, seven public workshops were held providing education about public improvements and financing and discussing specific design and financing for the Elmira Road and Maple Street improvements. Two of these workshops were a result of City Council direction on November 10, 2008, ”to continue to work with property owners to further address their concerns, with the goal of maintaining the 2009 construction start.” For each meeting, over 1500 postcard invitations were mailed. In addition, there was a special workshop for the residents of Maple Street. Staff believes the meetings resulted in a consensus about the proposed design. The street improvements will consist of 24-foot wide paving, curb and gutters, sidewalks, street lights, parking bays on Maple Street, and storm water drainage system with water quality facilities. The project will address the deteriorating roadway, improve safety for all modes of travel, provide storm water quality and improve drainage conveyance. In lieu of bike lanes, as requested by the property owners, signage will be provided to alert bicyclists of the nearby Roosevelt Path. The signs will be located at intersections on Elmira Road to direct travelers down side streets to the connections to the path. Z:\CMO\2009 Council Agendas\M090413\S0904134.doc The total estimated cost of the project is $3,291,360. Of this amount, $2,089,800 or 63 percent is being funded by the City and $1,201,560 or 37 percent is being funded by assessments to abutting property owners. The City’s low-income subsidy program will further reduce the assessable amount paid by properties of owner-occupied, single-family homes. RELATED CITY POLICIES The Municipal Charter, Chapter IX- Public Improvements provides the regulatory framework for public improvement procedures and assessments. The Eugene Code, Chapter 7 – Public Improvements prescribes the process for the initiation of an assessment project, formation of a local improvement district, and computation and allocation of assessments to benefiting properties. The improvement of Maple Street and Elmira Road to urban standards is included in the financially constrained list of projects in Transplan, the City’s transportation system plan. The improvement project was included in the City’s FY06 – FY11 Capital Improvement Program. COUNCIL OPTIONS Per Section 7.166(3) of the Eugene Code, the City Council may: 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 approval the Hearings Official’s Minutes, Findings and Recommendations and adoption of a resolution forming a Local Improvement District as described. The City received 10 bids for this project with the low bid being 28 percent below the Engineer’s Estimate. The estimated assessments of $104.00 per front foot of paving and $4.30 per square foot of sidewalk and driveway apron is within the range of assessments for projects completed in the last 10 years. In addition, of the approximately 120 properties within the boundaries of the Local Improvement District, 44 have applied for the City’s low-income subsidy program. It is estimated that 34 owner- occupied, single-family properties will receive subsidies ranging from 1/3 to 5/6 of the assessment. The total estimated amount of low income subsidies as of March 31, 2009, is $208,000. SUGGESTED MOTION Move to approve the Hearings Official’s Minutes, Findings, and Recommendations dated April 9, 2009. Move to adopt Resolution 4970 forming a Local Improvement District for paving, constructing curbs, gutters, sidewalks, street lights, stormwater drainage, water quality facilities, on Elmira Road from Bertelsen Road to Maple Street and Maple Street from Elmira Road to Roosevelt Boulevard (Job #4275). Agendas\M090413\S0904134.doc Z:\CMO\2009 Council ATTACHMENTS A.Resolution B.Hearing Official’s Minutes, Findings and Recommendations C. Vicinity Map and List of LID Tax Lots FOR MORE INFORMATION Staff Contact: Mark Schoening Telephone: 682-5243 Staff E-Mail: mark.a.schoening.@ci.eugene.or.us Z:\CMO\2009 Council Agendas\M090413\S0904134.doc ATTACHMENT A RESOLUTION NO. ___________ A RESOLUTION FORMING A LOCAL IMPROVEMENT DISTRICT FOR PAVING, CONSTRUCTING CURBS, GUTTERS, SIDEWALKS, STREET LIGHTS, STORMWATER DRAINAGE, WATER QUALITY FACILITIES, ON ELMIRA ROAD FROM BERTELSEN ROAD TO MAPLE STREET AND MAPLE STREET FROM ELMIRA ROAD TO ROOSEVELT BOULEVARD. (JOB #4275) 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 minutes, and conducting a public hearing on April 2, 2009, 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 Elmira Road from Bertelsen Road to Maple Street and Maple Street from Elmira Road to Roosevelt Boulevard. Section 2. The Council hereby orders the establishment of a local improvement district on Elmira Road from Bertelsen Road to Maple Street and Maple Street from Elmira Road to Roosevelt Boulevard and in that district to pave, construct curbs and gutters, sidewalks, street lights, stormwater drainage, water quality bioswales, manholes 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, that are necessary to make the Improvements. Upon completion of the Improvements, the final costs therefore will be calculated and the owners of the benefitted property shall be notified and the property assessed as provided in EC 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 11b, 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. Resolution - 1 Section 5. The City of Eugene, Oregon expects to make expenditures from its available funds to initially pay for the costs of the improvements to Elmira Road from Bertelsen Road to Maple Street and Maple Street from Elmira Road to Roosevelt Boulevard (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 of the Reimbursement Bonds will not exceed the total project cost of $3,291,360. The Reimbursement Bonds are secured by and payable from the installments of final assessments established in accordance with Section 3 of this Resolution. Section 6. Lines of credit and other evidence of indebtedness authorized by City Council Resolution No. 4937 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 Special Assessments Capital Projects 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. 4937, 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 13th day of April, 2009. ________________________________________ City Recorder 00225762.DOC;1 Resolution - 2 ELMIRA / MAPLE ASSESSMENT L.I.D. VICINITY MAP ELMIRA / MAPLE CITY OF EUGENE ASSESSMENT LID PUBLIC WORKS ENGINEERING 4275 SCALE = N.T.S. DRAFTED BY: C. PERINI DESIGNED BY J. BONHAM APRIL 2009 S:\Projects\Proj-5\4275 Elmira-Maple\Assessment\4275 Assessment_Council.dwg REMMERS Raymond P 4/7/2009 9:25 AM ATTACHMENT C PAGE 1 OF 4 ATTACHMENT C PAGE 2 OF 4 Elmira Road and Maple Street Local Improvement District Formation April 2009 Map #Lot #Map #Lot # ELMIRA 17042711 11600 17042724 2212 Map #Lot # 17042621 5304 17042711 11400 17042724 2213 17042621 5303 17042712 4200 17042724 2214 17042622 1600 17042712 4300 17042724 2201 17042622 7400 17042712 4400 17042724 1405 17042622 7500 17042712 4500 17042724 1401 17042712 4800 17042724 1302 17042622 7600 17042712 7900 17042724 1301 17042622 7700 17042622 7800 17042712 11400 17042724 1200 17042622 7900 17042712 11500 17042724 801 17042712 13300 17042724 802 17042622 8000 17042721 1200 17042724 701 17042622 10100 17042721 11300 17042724 601 17042622 10200 17042721 11200 17042724 101 17042622 10300 17042721 11100 17042622 10400 17042713 1500 17042721 11000 17042622 10500 17042713 1401 17042721 10900 17042713 1301 17042622 10600 17042721 10800 17042713 1302 17042711 1700 17042721 1600 17042713 1303 17042711 1800 17042721 1800 17042713 101 17042711 5000 17042711 5100 17042721 1700 17042713 102 17042724 2211 17042713 178 17042711 11500 Bolded lots indicate remonstrance received ATTACHMENT C Page3of 4 Elmira Road and Maple Street Local Improvement District Formation April 2009 Map #Lot #Map #Lot #Map #Lot # 17042713 150 17042623 1400 17042623 2204 17042713 149 17042623 1301 17042623 2205 17042713 147 17042623 1202 17042623 2206 17042714 4700 17042623 1201 17042624 4000 17042714 4601 17042623 1100 17042624 3900 17042714 4500 17042623 1101 17042624 3800 17042624 3700 17042714 4400 17042623 1001 17042624 3600 17042714 4301 17042623 1000 17042623 900 17042624 3500 17042714 500 17042623 800 17042624 3400 17042714 300 17042714 201 17042623 700 17042624 3301 17042714 101 17042623 600 17042624 3300 17042714 5902 17042623 500 17042714 5904 17042623 200 MAPLE 17042714 5905 17042714 5900 17042623 100 17042623 1700 17042623 300 17042623 1604 17042623 400 17042623 1602 17042623 1901 170426231603 170426231902 17042623 1500 17042623 2100 17042623 1401 17042623 2203 Bolded lots indicate remonstrance received ATTACHMENT C Page4of 4