HomeMy WebLinkAboutItem 2C - Formation of LID (SC)EUGENE CITY COUNCIL
AGENDA ITEM SUMMARY
Action: Approval of Findings and Recommendations from the Hearings Official and
Adoption of Resolution 4806 Forming a Local Improvement District for Constructing
Sidewalks, Curbs, Gutters, Conduit, and Stormwater Drainage System on Santa Clara
Avenue from River Road to Approximately 600 Feet West (Job #4108)
Meeting Date: August 9, 2004 Agenda Item Number: 2C
Department: Public Works Staff Contact: Paul Klope
www. cl. eugene, or. us Contact Telephone Number: 682-5246
AGENDA ITEM SUMMARY
The council is being requested to approve the Hearings Official's Findings and Recommendations dated
July 26, 2004, and to adopt a resolution forming a Local Improvement District (LID) for constructing
sidewalks, curbs, gutters, conduit, and stormwater drainage system on Santa Clara Avenue from River
Road to approximately 600 feet west.
BACKGROUND
Council Action History
There has been no past council action taken in regard to this project.
Policy Issues
There are no new policy issues related to this action.
Council Goals
Improvement to Santa Clara Avenue from River Road to approximately 600 feet west addresses the
council goal for Safe Community by improving street safety for the current and future pedestrian,
bicycle and vehicular needs along Santa Clara Avenue.
Financial and/or Resource Considerations
The project total cost is estimated at $145,176.76, and is funded from several sources in the following
approximate amounts:
Assessments $129,166.10 (89%)
City of Eugene $ 16,010.66 (11%)
Assessments are anticipated to be levied following the completion of construction. Following the levy
of assessments, ten-year financing through the city of Eugene will be available for owners of properties
being assessed for this local improvement.
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Other Background Information
The project was initiated by irrevocable petitions received by the City in 1989. After Lane County
finished its improvements to Santa Clara Avenue in 2003, and in light of construction of the new fire
station and the ongoing development in the area, the Eugene City Engineer initiated preparation of plans
and specifications on February 20, 2004, pursuant to Section 7.160(8) of the Eugene Code, 1971.
Bids were opened on July 1, 2004, with Brown Contracting, Inc. emerging as the low bidder. The
property owners were notified of the pending LID hearing ten days prior to the hearing as required by
Eugene Code. The LID formation hearing was scheduled for July 19, 2004, 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. No one requested to be heard, and the hearing
was cancelled.
The project consists of construction of curbs, gutters and sidewalks, associated storm drainage work,
conduit for the new fire station and repair of a small area of failed pavement.
Timing
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.
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.
STAFF RECOMMENDATION
Staff recommends approval of the Findings and Recommendations of the Hearings Official and adoption
of the resolution forming the Local Improvement District as described. The bids received are
comparable to projects of similar size and scope and formation of the LID will be consistent with
council-adopted policy.
SUGGESTED MOTION
Move to approve the Hearings Official's Findings and Recommendations of July 26, 2004.
Move to adopt a resolution forming a Local Improvement District for constructing sidewalks, curbs,
gutters, conduit, stormwater drainage system on Santa Clara Avenue from River Road to approximately
600 feet west.
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ATTACHMENTS
A. Resolution
B. Hearings Official Findings and Recommendations
C. Vicinity Map
FOR MORE INFORMATION
Staff Contact: Paul Klope
Telephone: 682-5246
Staff E-Mail: paul.w.klope.~ci, eugene.or.us
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ATTACHMENT A
RESOLUTION NO.
A RESOLUTION FORMING A LOCAL IMPROVEMENT DISTRICT FOR
CONSTRUCTING SIDEWALKS, CURBS, GUTTERS, CONDUIT, AND
STORMWATER DRAINAGE SYSTEM ON SANTA CLARA AVENUE
FROM RIVER ROAD TO APPROXIMATELY 600 FEET WEST. (JOB #4108)
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 o£ 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 Santa Clara
Avenue from River Road to approximately 600 feet west.
Section 2. The Council hereby orders the establishment of a local improvement district on
Santa Clara Avenue from River Road to approximately 600 feet west and in that district to construct
or install sidewalks, curbs and gutters, conduit, stormwater drainage 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, as 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
Resolution- 1
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 Santa Clara Avenue from River Road to approximately
600 feet west (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 $130,659.08 plus 10%.
Section 6. Improvement warrants, short-term promissory notes and other evidence of
indebtedness authorized by Chapter 902, 1991 Oregon Session Laws, issued to finance the
construction of the Improvements shall be indebtedness for them. When improvement warrants are
issued they may be general obligation warrants or limited general obligation warrants or other similar
instrument. Such indebtedness shall bear interest at a rate set by Council resolution authorizing the
debt. The interest shall be paid upon redemption.
Section 7. Proceeds from unbonded assessments, improvement bonds, foreclosure of liens
Resolution - 2
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 Mayor, City Manager, and Finance Officer may sign the evidence of
indebtedness herein authorized by facsimile signature with a check signing machine. The Finance
Officer shall cause the seal of the City to be printed on the evidence of indebtedness when required
by law or by the purchaser.
Section 9. This Resolution shall become effective immediately upon its adoption.
The foregoing Resolution adopted the 9th day of August, 2004.
City Recorder
Resolution - 3
ATTACHMENT B
FINDINGS AND RECOMMENDATIONS
SUBJECT: PROPOSED SIDEWALKS, CURBS, GUTTERS, CONDUIT, STORM
DRAINAGE SYSTEM ON SANTA CLARA AVENUE FROM RIVER ROAD TO
APPROXIMATELY 600 FEET WEST (JOB #4108)
BACKGROUND
Santa Clara Avenue hms west from River Road between Beltline and Irving Road. Santa Clara
Avenue is currently paved, but not completely developed to City standards. The area around
Santa Clara Avenue continues to develop. St. Vincent de Paul is planning a 60 unit low income
residential development on Santa Clara Avenue, just west of the area to be improved. The City
of Eugene's Fire Station # 11 is under construction along the portion of Santa Clara Avenue
included in this project. In 2003, Lane County finished street improvements to the portion of
Santa Clara Avenue just west of the area of the proposed Local Improvement District.
The City of Eugene received irrevocable petitions for this project in 1989. After the County
finished their improvements to Santa Clara Avenue, and in light of the ongoing developments in
the area, the Eugene City Engineer initiated preparation of plans and bid specifications on
February 20, 2004. Bids were opened July 1, and the apparently low bid was used to calculate
the projected costs of the improvement.
PROJECT
The proposed improvements will bring the portion of Santa Clara Avenue included within the
LID up to city standards. The improvements are designed to meet the current and future
pedestrian, bicycle and vehicular travel needs along Santa Clara Avenue. The proposed street
improvements include constructing curbs, gutters and sidewalks on the north and south sides of
Santa Clara from River Road to 600 feet west.
Based on the low bid received (plus 10 percent contingency), the estimated assessment rate will
be:
Sidewalk $ 8.31 per square foot
Curbs and Gutters $ 58.61 per lot front foot
As provided in the Eugene Code, the assessable portion of the cost the sidewalks are assessed
based on the area of the sidewalks abutting the property receiving the benefit. Curbs and gutters
are assessed based on the length of the cub and the gutter abutting the property to be assessed.
PROPOSED CURBS AND GUTTERS, SIDEWALKS, AND RELATED IMPROVEMENTS ON SANTA
CLARA AVENUE FORMATION OF LOCAL IMPROVEMENT DISTRICT Page 1
The funds for the City's share of the project comes from Transportation SDCs, the
Transportation Utility Fund (for repair of the existing pavement), and from the Stormwater SDC
fund.
The costs for this improvement are proposed to be divided as follows:
Total Assessable Cost $129,166.10
Total CityCost $ 16,010.66
Direct Charges $ 42,706.00
Total Project Cost $145,176.76
PUBLIC INVOLVEMENT
More than 80 percent (81.13%) of the properties benefited by this proposed project have
submitted irrevocable petitions for the improvements. The current street lacks sidewalks for
most of its distance, and lacks other non-vehicular amenities. The City of Eugene Public Works
Department sent notice of the proposed local improvement district, and the proposed
assessments, to property owners more than ten days in advance of the hearing date. A hearing on
the proposed LID was scheduled for July 19, 2004, but no persons indicated an interest in
appearing for the hearing. While Eugene Public Works has responded to several inquiries about
the proposed improvements, there has not been any correspondence received conceming the
proposed LID. No hearing was held because no persons requested an opportunity to be heard.
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
PROPOSED CURBS AND GUTTERS, SIDEWALKS, AND RELATED IMPROVEMENTS ON SANTA
CLARA AVENUE FORMATION OF LOCAL IMPROVEMENT DISTRICT Page 2
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.
Milo Mecham
Hearings Official
Dated: July 26, 2004
PROPOSED CURBS AND GUTTERS, SIDEWALKS, AND RELATED IMPROVEMENTS ON SANTA
CLARA AVENUE FORMATION OF LOCAL IMPROVEMENT DISTRICT Page 3
MEMORANDUM
July 19, 2004
TO: Hearings Official
FROM: Mark Schoening, City Engineer
SUBJECT: PROPOSED SIDEWALKS, CURBS, GUTTERS, CONDUIT, STORM
DRAINAGE SYSTEM ON SANTA CLARA AVENUE FROM RIVER ROAD TO
APPROXIMATELY 600 FEET WEST (JOB ~4'108)
BACKGROUND
The project was petitioned by three Irrevocable Petitions received by the City, in October 1989 and
September 1989. These petitions represent 81.13% of the assessable frontage within the boundaries
of the proposed Local Improvement District (LID). St. Vincent DePaul has recently completed the land
use approvals to construct a 60 unit Iow income residential development just west of the proposed LID.
In addition, City of Eugene Fire Station #11 is under construction on a parcel representing 16.82% of
the frontage in the LID. Within the boundaries of the proposed LID there is no sidewalk, only curb and
gutter on a portion of the North side of the street. Lane County completed street improvements to Santa
Clara Avenue in 2003 immediately west of the proposed LID. In anticipation of the increased traffic from
development of the new Fire Station and of the St. Vincent DePaul residential development, 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 Santa Clara Avenue up
to full City standards and run from the easterly end of the County's project approximately 600 feet west
to River Road, and are proposed to meet the current and future pedestrian, bicycle and vehicular needs
in this developing area of the community.
Bids were opened on July 1,2004, with Brown Contracting, Inc. 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 July 19, 2004, 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 not received any phone calls from property owners wanting to attend the hearing and no
written correspondence has been received as of 5:00 July 19, 2004.
PROJECT
Staff is proposing to upgrade this portion of Santa Clara Avenue from River Road to approximately 600
feet west, to City standards. The proposed street improvements include constructing curbs, gutters and
sidewalks on the north and south sides of Santa Clara from River Road to 600 feet west. Due to the
existing commercial businesses, proposed new developments, and the new fire station along Santa
Clara Avenue, pedestrian safety has become a concern. Traffic will continue to increase in this area as
the properties develop.
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 estimated
costs.
Sidewalk (per square foot) $ 8.31
Curbs and Gutters (per front foot) $ 58.61
Total Assessable Cost $129,166.10
Total City Cost $ 16,010.66
Direct Charges to be assessed $ 42,706.00
Total Project Cost $145,176.76
The non-assessable City share for this project will be funded from Transportation SDC Fund,
Transportation Utility Fund, and Stormwater SDC Fund.
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.
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.
ATTACHMENT C
VICINITY MAP
N.T.S.
CITY OI= [::UGENE ~
SANTA CLARA AVE. ~c wo~ ~.~,~..~
IMPROVEMENTS ~,o~c~-: #410¢ DATE: ¢/03/04