HomeMy WebLinkAboutItem 6: Resolution Forming an LID (Chad Drive/Old Coburg Road)
ECC
UGENE ITY OUNCIL
AIS
GENDA TEM UMMARY
Action: Approval of Minutes, Finding and Recommendation from the Hearings Official
and Adoption of Resolution 4979 Forming a Local Improvement District for Paving,
Constructing Curbs, Gutters, Sidewalks, Landscape Medians, Street Lights, Traffic
Signal, Street Trees, Wastewater, and Stormwater Drainage and Water Quality Facilities
on Chad Drive and Old Coburg Road from the East End of Chad Drive to North Game
Farm Road (Job#3923)
Meeting Date: June 8, 2009 Agenda Item Number: 6
Department: Public Works-Engineering Staff Contact: Jenifer Willer
www.eugene-or.gov Contact Telephone Number: 682-5364
ISSUE STATEMENT
The council is being asked to approve the Hearings Official’s Minutes, Findings and Recommendations
dated May 29, 2009, and adopt a resolution forming a Local Improvement District (LID) for paving,
constructing curbs, gutters, sidewalks, landscape medians, street lights, traffic signal, street trees,
wastewater, and stormwater drainage and water quality facilities on Chad Drive and Old Coburg Road
from the east end of Chad Drive to North Game Farm Road (“Chad Drive Extension Project”).
BACKGROUND
This project was initiated by council action on February 26, 2001, by adoption of the 2002 Capital
Improvement Plan and pursuant to Section 7.160(5) of the Eugene Code (EC), 1971. The preparation of
plans and specifications and call of bids for construction of the local improvements are based on council
action on April 11, 2005, pursuant to Section 7.160(5) of the Eugene Code, 1971.
The Chad Drive Extension Project continued to be identified in the FY08-FY13 Capital Improvement
Program (CIP) adopted by the council in March 12, 2007, and in the FY08 Capital Budget adopted June
11, 2007, and the FY09 Capital Budget adopted June 9, 2008. The extension of Chad Drive and the
improvement of Old Coburg Road were identified in the Willakenzie Area Plan (adopted in 1992) and
TransPlan.
The Chad Drive Extension Project will extend Chad Drive east to connect to Old Coburg Road and
upgrade Old Coburg Road to a major collector consistent with the Eugene Arterial and Collector Street
Plan, TransPlan and the Willakenzie Area Plan. In addition to upgrading the street facility, the street
improvements consist of 44-foot-wide paving (two 11-foot-wide travel lanes, a center turn lane for a
portion of the project with landscaped medians, and two 5-foot-wide bike lanes) with curbs and gutters,
concrete walks on both sides of the street, street lights, street trees, wastewater facilities, and a
stormwater drainage system with stormwater quality facilities. The project also includes a traffic signal
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at North Game Farm Road. The project will improve safety for all modes of transportation, provide
stormwater quality treatment and improve drainage conveyance.
Bids were opened on May 19, 2009, with Babb Construction Company, d.b.a. Delta Construction
Company and dba Delta Concrete as the apparent low bidder. Ten bids were received with the low bid
approximately 33 percent below the Engineer’s Estimate. The property owners of the 13 properties that
would be included in the LID 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 May 27, 2009, 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. Four people representing three properties
attended the hearing (see Hearings Official’s Minutes). One property owner submitted a remonstrance
(4% of the assessable frontage), but that property is subject to an irrevocable petition.
Financial and/or Resource Considerations
Based on the low bid received, the costs listed below are the total estimated costs plus contingency for
the local improvement district.
Paving 10-foot (per front foot) $116.11
Paving 7-foot (per front foot) $81.28
Sidewalk and drive aprons (per square foot) $6.17
Wastewater (per square foot) $0.41
Wastewater service (per each) $3,317.45
Total Estimated Assessable Cost $ 635,963.37
Total Estimated City Cost: w/o Low Income Subsidy: $ 1,830,375.50
Total Estimated Project Cost $ 2,466,338.87
The non-assessable City share for this project will be funded from Transportation SDC’s, Stormwater
SDC’s and Federal Transportation Funds through the Surface Transportation Program-Urban (STP-U)
funds. The non-assessable costs the City will pay for include additional width of paving, intersections,
medians, bike lanes, street lights, traffic signals, and non-assessable storm drainage system costs.
Assessments will be levied following the completion of construction. Following the levy of
assessments, 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. Two property owners responded to the
notification regarding the availability of the Low-to-Moderate Income Street Improvement Subsidy
program. At this time it appears that two owners qualify for this program. If the project goes forward,
there will be one more opportunity for property owners to apply for the program at the time of final
assessment, currently estimated to be in early 2010.
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.
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COUNCIL OPTIONS
Per Section 7.166(3) of the Eugene City Code, the City Council may 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 City Council approve the Minutes, Findings and
Recommendations of the Hearings Official and adopt the resolution forming the LID.
SUGGESTED MOTION
Move to approve the Hearings Official’s Minutes, Findings and Recommendations of May 29, 2009.
Move to adopt Resolution 4979 forming a Local Improvement District for paving, constructing curbs,
gutters, sidewalks, landscape medians, street lights, traffic signals, street trees, wastewater, and
stormwater drainage and water quality facilities on Chad Drive and Old Coburg Road from the east end
of Chad Drive to North Game Farm Road (“Chad Drive Extension Project” Job #3923).
ATTACHMENTS
A.Resolution
B.Hearings Official’s Minutes, Findings and Recommendations
C.Vicinity Map
FOR MORE INFORMATION
Staff Contact: Jenifer Willer
Telephone: 682-5364
Staff E-Mail: jenifer.m.willer@ci.eugene.or.us
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ATTACHMENT A
RESOLUTION NO.
___________
A RESOLUTION FORMING A LOCAL IMPROVEMENT DISTRICT
FOR PAVING, CONSTRUCTING CURBS, GUTTERS, SIDEWALKS,
MEDIANS, TRAFFIC SIGNAL, STREET LIGHTS, STREET TREES,
STORMWATER DRAINAGE FACILITIES, STORMWATER WATER
QUALITY FACILITIES, WASTEWATER FACILITIES, AND RELATED
IMPROVEMENTS, ON CHAD DRIVE AND OLD COBURG ROAD
FROM THE EAST END OF CHAD DRIVE TO NORTH GAME FARM
ROAD (JOB #3923)
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 May 27, 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 Chad Drive and Old Coburg Road from the
East end of Chad Drive to North Game Farm Road.
Section 2.
The Council hereby orders the establishment of a local improvement district
on Chad Drive and Old Coburg Road from the east end of Chad Drive to North Game Farm
Road and in that district to pave, construct curbs and gutters, sidewalks, medians, traffic signal,
street lights, street trees, stormwater drainage facilities, stormwater water quality facilities,
wastewater facilities, 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 - Page 1 of 2
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 Chad Drive and Old Coburg Road
from the east end of Chad Drive to North Game Farm Road (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
$2,466,338.87. 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 8th day of June, 2009.
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AIC City Recorder
Resolution - Page 2 of 2