HomeMy WebLinkAbout2012-309 Findings Liberty St LID BEFORE THE ASHLAND CITY COUNCIL
JACKSON COUNTY, OREGON
February 5, 2012
IN THE MATTER OF RESOLUTION AUTHORIZING AND )
ORDERING THE LOCAL IMPROVEMENTS FOR THE )
CONSTRUCTION OF IMPROVEMENTS TO LIBERTY )
STREET CONSISTING OF GRADING, PAVING AND ) FINDINGS
CONSTRUCTION OF CURB AND GUTTERS, SIDEWALKS, ) CONCLUSIONS
STORM DRAINS AND RELATED APPURTENANCES AND ) AND ORDERS
AUTHORIZING THE CITY TO BORROW MONEY AND )
ISSUE AND SELL NOTES FOR THE PURPOSE OF )
PROVIDING INTERIM FINANCING FOR THE ACTUAL )
COST OF THE LOCAL IMPROVEMENT )
APPLICANT: City of Ashland )
RECITALS:
1) On December 4, 20071' Council approved Resolution No. 2007-41 setting a public
hearing with intent to form a local improvement district(LID) for the construction of
improvements to Liberty Street consisting of sidewalks, curbs and gutters,paving,
drainage and associated improvements..
2) The Council has declared by Resolution No. 2007-41 to assess upon each lot or part
of lot benefited by the improvement its proportional share of the cost of the
improvement; and it appears to the Council that such improvements are of benefit to
the City. All property to be assessed will be benefited to the extent of the probable
amount of the respective assessments to be levied for the costs. .
3) The Council, following proper public notice, held a public hearing on February 5,
2008, at which time a staff presentation was made, citizen testimony received and
exhibits presented. Council approved Resolution No. 2008-02 authorizing and
ordering the local improvements for the construction of improvements to Liberty
Street consisting of grading, paving and construction of curb and gutters, sidewalks,
storm drains and related appurtenances.
4) On February 5, 2008, Council approved Resolution No. 2008-02 authorizing the City
to borrow money and issue and sell notes for the purpose of providing interim
financing for the actual cost of the local improvement.
5) The Liberty Street LID No. 88 boundary was approved by Council as being all those
lots with frontage on or taking sole access from Liberty Street southerly of the
existing improved street section.
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6) Improvement Process
A. Engineering
On April 18, 2008, the City entered into a contract with Thornton Engineering,
Inc. of Jacksonville,Oregon to perform preliminary and construction engineering
for the Liberty Street LID project referred to as Project No. 2004-21. The
engineering services contract was for$36,030.00.
On May 4, 2010, the Council approved an amendment to the original contract in
the amount of$10,750.00 which increased the contract amount to $46,780.00.
The contract amendment funded the following work which was not included
within the engineer's scope of services:
1. Acquire DEQ 1200C permit
2. Design alternate street alignments to accommodate the right of way
changes
3. Design an extension of the sanitary sewer system to the end of the project
4. Design the replacement of 350 feet of 8-inch water main
5. Design additional retaining walls to accommodate alignment changes
6. Design additional utility installations necessary to remove power poles
7. Design modifications to six driveway, approaches including revisions to
the street profile
B_ . Neighborhood Consensus
City staff met with the Liberty Street neighbors on June 9, 2008 for the first pre-
design meeting to discuss the potential design for the project. A subsequent
meeting was held on September 1, 2009 to review the 95 percent plans.
Following some minor adjustments resulting from the neighborhood review, the
plans were completed and prepared for bidding.
C. Easement Acquisitions
During the projects early design phase, it was discovered that a portion of the
original street width was located outside the deeded right of way, on private
property. To accommodate the widening of the street, three easements were
acquired from the following individuals or entities:
1. Scott Kurtz and Ellen Walsh; 2643 square feet recorded as document no.
2009-042873
2. Greg Connell; 370 square feet recorded as document no. 2010-013509
3. Park Estates Subdivision, HOA; 1396 square feet recorded as document
no. 2010-003289 .
D. Bidding Process
An advertisement for bids was placed in the following publications:
Daily Journal of Commerce—04/19/2010
• Medford Mail Tribune— 04/28/2010
• Ashland Daily Tidings—04/26/2010
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Plans and specifications were distributed to eight plan centers and builders
exchanges, and to fifteen potential bidders. A non-mandatory pre-bid conference
was held on April 28, 2010 with 10 potential bidders in attendance.
On May 6, 2010 at 2:00 p.m., six bids were received for the construction of the
Liberty Street LID project.
The low bid of$142,798.75 was submitted by VISAR Construction of Central
Point, Oregon which was $24,205.25 below the engineers estimate. Bids were
also received from Pair-A-Dice Contracting ($157,243.25), Pilot Rock
Excavation, Inc. ($170,396.00), D. Britton Enterprises ($179,489.32), Knife River
(189,434.00), and Taylor Construction($240,566.00).
On May 18, 2010, the Council approved the award of a contract to VISAR
Construction Co. in the amount of$142,798.75 for the construction of the Liberty
Street LID.
E. Construction Process
A pre-construction conference was held on site on June 15, 2010. Following the
conference, a notice to proceed was issued on June 22, 2010 and construction
commenced on June 28, 2010. The project continued throughout the summer and
fall and was completed by the end of November 2010.
A number of utility conflicts were encountered during the course of construction
which extended the project beyond the original 90-day contract and which
resulted in four contract change orders totaling $37,042.06 in extra costs. The
final contract amount which was paid on February 2, 2011 was for$179,840.81.
Because the utility conflicts resulted in extensive re-constructions by the utility
owners,which actions were beyond the control of the contractor, no liquidated
damages were assessed for contract calendar exceedance.
Now, therefore,the City Council of the City of Ashland finds, concludes and recommends as
follows:
SECTION 1: EXHIBITS
For the purposes of reference to these Findings, the following exhibits will be used:
Exhibit 1 —Council Communication dated December 4, 2007
Exhibit 2—Minutes of the December 4, 2007 Council meeting
Exhibit 3 —Resolution No. 2007-41 setting a public hearing date
Exhibit 4—Council Communication dated February 5, 2008
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Exhibit 5 —Minutes of the February 5, 2008 Council meeting
Exhibit 6—Resolution No. 2008-02 authorizing and ordering the improvement of
Liberty Street under the Liberty Street LID No. 88
Exhibit 7—Council Communication dated May 18, 2010
Exhibit 8—Minutes of the May 18, 2010 meeting
Exhibit 9—Resolution No.12-06 setting a public hearing date for assessments to be
charged against lots within the Liberty Street LID No. 88
Exhibit 10—Council Communication dated March 6, 2012
Exhibit 11 —Minutes of the March 6, 2012 Council meeting
Exhibit 12—Resolution No.12-09 repealing Resolution No.12-06 and setting a public
hearing date for assessments to be charged against lots within the Liberty Street LID
No. 88
Exhibit 13 —Council Communication dated April 3, 2012
Exhibit 14—Resolution No.12-_levying special benefit assessments for the
Liberty Street LID No. 88
Exhibit 15 —Council Communication dated April 17, 2012
SECTION 2: CONCLUSORY FINDINGS REGARDING NATURE OF IMPROVEMENTS
2. 1 The City Council authorized the improvement of Liberty Street from the end of
current improvements southerly to the end of the right of way. The improvements
consist of grading and paving, construction of curbs and gutters, sidewalks, storm
drains and related appurtenances.
2.2 The proposed LID is in the best interest of the City. Evidence presented indicated
that the City will have an improved street for.all modes of transportation with reduced
maintenance costs; enhanced environmental effects due to improved air quality and
better storm water controls; and a demonstrated improved safety with construction of
curbs, sidewalks and an asphalt road surface.
SECTION 3: CONCLUSORY FINDINGS REGARDING BOUNDARY DETERMINATION
3.1 The City Council funds that it has received all information necessary to make a
decision based on the Council Communication dated December 4, 2007 and February
5, 2008,public hearing testimony and the exhibits received.
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3.2 The proposed LID boundary includes all lots fronting on or taking sole access from
Liberty Street southerly of the end of the existing improved section as depicted on
the map attached to Resolution No. 2007-41. This boundary was selected as these 20
properties would be directly benefited by the improvements to Liberty Street. The
benefit to these lots is readily definable and is much more direct than those who
might simply use the street as a throughway to access their property.
3.3 The proposed Liberty Street LID is consistent with the 2007-2012 Capital
Improvement Plan and identified in the 2009-2010 budget adopted by Council in
June, 2009.
3.4 The City Council did not receive a remonstrance sufficient to postpone authorizing
and ordering the construction of the local improvement district.
SECTION 4r NOTIFICATION OF PUBLIC HEARING
4.1 A notice of public hearing was sent to all listed property owners (determined from
Jackson County Tax Assessment rolls) within the proposed assessment district. The
public hearing notice was also published in the Ashland Daily Tidings.
SECTION 5: ALLOCATION OF ASSESSMENT UNITS
5.1 Each of the 20 lots within the proposed assessment district has been allocated one
assessment unit. In addition, several lots have been allocated additional units of
assessment. Those lots with additional units are those lots that the Planning
Department has determined can be further divided. The number of assessment units is
equal to the number of current and future potential residential lots as defined in
Resolution No. 99-09 and as shown on the attachments to Resolution No. 2007-41..
The total number of assessment units under this LID is 22.
SECTION 6: COST
6.1 The maximum assessable rate per unit is established by Resolution No. 99-09. The
maximum rate established in 1999 was $4,000 per unit. This rate is adjusted each
April in accordance with the Construction Cost Index established by the Engineering
News Record Index (ENR record) for Seattle, Washington. The current rate to be
charged for the Liberty Street LID No. 88 is $5,251.00 which is the maximum rate as
of Resolution No. 2007-41 establishing the Public Hearing date. All costs over and
above the assessment amount will be borne by the City.
SECTION 7: DECISION
7.1 Based on evidence contained within the whole record on this matter,the City Council
concludes that the establishment of the LID boundary is in the City's best interest, is
justified as presented by staff and is supported by evidence contained within the
record.
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7.2 Council finds that the public hearing was properly noticed.
7.3 Council further concludes that the allocation of assessment lots and associated cost
complies with Resolution No.99-09 and represents the benefit received by each
affected property.
7.4 On March 6, 2012 and April 3, 2012 the Council heard a staff report and public
comment on the final completed project and the cost associated therewith and, based
on the evidence presented adopted Resolution 2012-09 setting the date of April 17,
2012 for a public hearing to levy special benefit assessment costs. On April 17, 2012
the Council heard a staff report and public comment regarding the final assessments
to be levied against properties within the Liberty Street LID No. 88. Following the
hearing, the Council adopted Resolution No.12 - 10 Levying Special Benefit
Assessments for the construction of the Liberty Street LID.
The Council finds and determines that the final assessment as set forth in the Resolution and
supporting documents is consistent with the requirements of AMC Chapter 13.
(0* Stromberg, Mayor Date
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