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HomeMy WebLinkAbout1999-57 Westwood LIDRESOLUTION NO. 99- 5 7 A RESOLUTION LEVYING SPECIAL BENEFIT ASSESSMENTS IN THE AMOUNT OF $188,616.93 FOR THE WESTWOOD STREET LOCAL IMPROVEMENT DISTRICT FOR IMPROVEMENTS CONSISTING OF PAVING, CURBS, GUTTERS, STORM DRAINS, SIDEWALK, AND ASSOCIATED IMPROVEMENTS, FOR THE EXTENSION OF WESTWOOD STREET FROM ITS EXISTING TERMINUS AT ORCHARD STREET, APPROXIMATELY 1300 FEET SOUTHERLY THE CITY OF ASHLAND RESOLVES AS FOLLOWS: RECITALS: A, The City of Ashland has constructed curbs, gutters, storm drain, sidewalk, and paving in the Westwood Street Local Improvement District during 1999. Bo The total cost for these improvements is in the amount of $196,472.43. The City assumed responsibility for 25% of the sidewalk ($3,355.50) and for ½ of the Nyla Lane assessments (totaling $4,500) leaving the total to be assessed to the District at $188,616.93. Co The total assessments in this district are reasonable assessments and the assessments charged against each lot is according to the special and peculiar benefits accruing to it from the improvements. The council finds that the evidence presented by Paula C. Brown, Public Works Director, in the Council Communication of September 21, 1999, is convincing and accepts such evidence as the basis to support the conclusions recited above. Special benefit assessments should now be levied against properties benefitted to defray the expense thereof. THE CITY OF ASHLAND RESOLVES AS FOLLOWS: SECTION 1. The amount of the assessment to be charged against each lot within the local improvement district according to the special and peculiar benefits accruing to each lot for these improvements are set forth in the attached Exhibit A. SECTION 2. Any owner of property assessed for $100.00 or more may request the payment be extended in the manner and under the provisions of the Bancroft Bonding Act, if the request is made within thirty days after notice of the assessment is received. SECTION 3. All assessments using the Bancroft Bonding Act are required to pay in 20 semi- annual (twice a year) installments together with interest. Interest charged will be the actual bond sale rate plus 1.5 percent, with a maximum of 10 percent. The initial interest to be charged is 6.75 percent. } ': }\SYS',[iS[CICPA~ it ,,VLlt)s\%.csr~vOod I,/D iev) Rcso,doc SECTION 4. Classification of the assessment. The assessments specified in sections 1 of this resolution are classified as not subject to the limits of Section 1 lb of Article XI of the Oregon Constitution. This resolution was read by title only in accordance with Ashland Municipal Code §2.04.090 and duly PASSED and ADOPTED this ,~f~5~day of ~ 1999. Barbara M. Christensen, City Recorder SIGNED and APPROVED this ~4~day of ~,,1999. Catherine M. Shaw, Mayor R.~ewed a~tS 7L .... Pa~N~o e, City Attorney Submitted by: Reviewed by: Approved by: Council Communication Public Works Department Westwood Street LID Final Assessment September 2 l, 1999 Title: A Resolution Levying Special Benefit Assessments in the Amount of $188,616.93 for the Westwood Street Local Improvement District for Improvements Consisting of Paving, Curbs, Gutters, Storm Drains, Sidewalk, and Associated Improvements, for the Extension of Westwood Street from Its Existing Terminus at Orchard Street, Approximately 1300 Feet Southerly Synopsis: This Council action is required under the Ashland Municipal Code as the final step in the process to levy assessments to lots within local improvement districts. The Westwood Street local improvement district was established in January 1998 by the City Council prior to enacting the improvements, and all of the improvements have now been completed. Recommendation: It is recommended that the City Council adopt the attached resolution levying assessments for the lots within the Westwood Street Local Improvement District. Background Information: The City Council during the September 7, 1999 meeting established a Public Hearing date for 7:00 p.m., September 21, 1999, to consider objectives to the proposed assessments for the lots within the Westwood Street Local Improvement District. The City Recorder mailed public heating notifications to all affected property owners on September 9, 1999. At the time this staff report was prepared, two written complaints have been received. Staff has also responded to a couple of minor requests for clarification. Any additional complaints received by staff will be addressed at the public hearing. 1) Abe and Cynthia Mish, 600 Nyla Lane, wrote a letter dated September 13, 1999, objecting to the proposed assessment and resubmitted a letter written to Jim Olson of June 11, 1999. Their concern is with the fact that they have two lots on Nyla Lane; one of which has their home, and they have no intention of developing the second adjacent lot. The Mish's are contending that they should not have to pay for the assessment on the vacant lot until the time of development. In reviewing the Mish's rationale, staff believes they are confusing the Council' s new LID policy (adopted as Resolution 99-09 in February 1999 after the formation of this LID) which assesses each lot on the basis of developable units. The new policy requires payment only at the time of development. The Mish's, however, have two separate lots and are assessed for each lot. The Mish's are also disputing the fact that they are being assessed at all since they claim their "... deed states quite unequivocally that we have no financial obligation now or in the future for any other street improvements." Staff does not have a copy of the deed, and recalls this to be the Mish's interpretation. Council discussed this issue during the formation of the LID and establishment of the LID boundaries. Council included Nyla Lane as a benefited area in the LID limits (see attached minutes of the Public Hearing on January 6, 1998). Nyla Lane residents do benefit from the Westwood Street improvements as they use Westwood Street as their primary access to Nyla Lane. Council also agreed that the City would pay half of the assessed costs of each of the lots on Nyla Lane. 2) Ms. Anna Hassell, 125 Westwood Street, Placer Run Subdivision, provided a written request to Council (dated September 15, 1999) to reduce her assessment by 10% as was done on the Fordyce LID, and a 60% City credit for sidewalks. The additional costs to the City for granting a 10% overall reduction and an additional 35% sidewalk credit (the City is already contributing 25%) is nearly $22,400. Ms. Hassell accepted the City's low bid for construction of street improvements at $161,409.26. Final construction costs were $176,991.18 ($15,581.72 or 9.1% over the contract award). The contract overruns included a greater quantity of base rock and retaining wall. The contractor also was required to move an additional manhole and adjust five water valves that were not initially included in the project. There was also an additional $7,900 worth of work requested of the contractor that was not reflected on the plans. She is also asking for a "Woodland Reserve" exemption for 1.3 acres, the value of which has not been calculated. Ms. Hassell was aware at the time of construction that her development would not be eligible for the 60% sidewalk credit as proposed in the new LID policy adopted by Council in February 1999 (Resolution 99-09). Ms. Hassell is admittedly new to developing and staff has worked hard and spend considerable additional time to assist in her efforts. It is staffs opinion that the City should not bear additional costs for this project. If approved, funding for this additional level of City participation has not been identified. Additional Background Information Westwood Street Local Improvement District was established on January 7, 1998 (Resolution 98-01) at the request of the developer (Ms. Anna Hassell) and with the consent of the majority of the impacted neighborhood. The street improvements were required as a condition of the development on Westwood Street (now known as the Placer Run Subdivision). The formation of this assessment district was a departure from traditional methods of assessment. The developer worked closely with the neighborhood to form an equitable and agreeable assessment rate. The rates established did not conform to any clear mathematical formula but instead were costs that were agreed upon by the participants on a sliding scale based on practical benefit. Unanimous agreement by the developer and all homeowners within the district was not possible. Council intervened in the assessment decision for the five (5) lots on Nyla Lane that do not directly front on Westwood Street. Council committed the City to provide half of the Nyla Lane resident' s $1,800 assessment (a total City commitment of $4,500). All other homeowners on Westwood and Placer Run (previously known as Pinewood) had agreed to the sliding scale assessment. By the final assessment agreement and because the developer bore the heaviest burden of the costs, overages or refunds in the pre-arranged amounts were to be awarded to the developer. As a result, the Council' s December 15, 1998 action regarding new LID practices to reduce existing LIDs by 10 percent was not applicable. Engineering services were completed by Hammond Engineering. The construction of the improvements was contracted to D. Britton Enterprises. Construction began in January 1999. Final street improvements were completed in June 1999. The original estimated cost to the assessment district was $125,900.00 for design services and construction improvements. The construction improvements contract was awarded at $161,409.46 and final construction costs were $176,991.18. Total project costs including engineering design services, construction and interest and administration were $196,472.43. The City is responsible for 25% of the sidewalk ($3,355.50) and V2 of the Nyla Lane assessment ($4,500) leaving the total to be assessed to the District at $188,616.93. The original assessment contained 15 lots, and established fixed costs for all lots with the exception of the two lots (901 and 902) held by the developer. Credits and overages were to be applied to those two lots. The developer has since further divided lots 901 and 902 by the creation of the Placer Run Subdivision. Final costs and assessments to each lot are shown on Exhibit A. iL~ A ' B ~ 2 3 C VICINITY MAP CZTY OF ASHLAND -,'- :-r:ZL .': ~Zj::. ~ L'.L~ '~ ~ J,4CKSON COUNTY ~ ................... - OREGON 1997 ......... 2 ,1 0 ...................................................... ~ ............................................................ / .... t A ~ B ~ C ~ D I E I F ~ G i H I I O,",,'CF.. WAS ALL LOT .~302 .' . .937 9(;6 ..' .' '. WESTVVOOD STREET ASSESSMENT DISTRICT LOCAL IIVI='ROVEMENT DISTPJCT / SUMMARY OF WESTWOOD STREET LID COSTS FSTIMATFD COSTS CONSTRUCTION ENGINEERING INTEREST & ADMINISTRATION D. BRITTON ENTERPRISES HAMMOND ENGINEERING TOTAL COST BREAKDOWN STREET CONSTRUCTION SIDEWALKS STORM DRAINS SANITARY SEWER ENGINEERING INTEREST & ADMINISTRATION CONSTRUCTION SUBTOTAL $ 176,991.18 $ 15,376.60 $ 4, 104.65 $ 196,472.43 $ 123,127.88 $ 13,422.00 $ 40,441.30 $ $ 15,376.60 $ 4, 104.65 $ 196,472.43 CRFDITS SIDEWALK (25% OF S/W COSTS) ($13,422.00 x.25) CITY PARTICIPATION (1/2 OF $1,800) FOR 5 LOTS OFF NYLA LANE $ $ TOTAL INITIAL CREDITS $ TOTAL ASSESSABLE COST 3,355.50 4,500.00 7,855.50 188,616.93 G Dawn~Engineer\Westwood Summary 8-2.xls 8/2/99 WESTWOOD STREET ASSESSMENT DISTRICT NO. Implemented: January 7, 1998 LIEN NO. MAP & TAX LOT 39-1E-SBA 200 39-1E-SBA 204 39-1E-8BA 205 39-1E-SBA 206 39-1E-SBA 207 39-1E-SBA 208 39-1E-SBA 209 Exhibit A City of Ashland Department of Public Works - Engineering Division Revised: August2, 1999 NAME & ADDRESS RODENE G. HUGGINS 485 ORCHARD STREET ASHLAND OR 97520 PAUL & DARLYN ADAMS 189 WESTWOOD STREET ASHLAND OR 97520 SIGRID G. CONNARD 570 NYLA LANE ASHLAND OR 97520 ABE MISH 600 NYLA LANE ASHLAND OR 97520 ABE MISH 600 NYLA LANE ASHLAND OR 97520 CYNTHIA & G .L. SIMMS 585 NYLA LANE ASHLAND OR 97520 K.S. DANNER & W.B. HERSHMAN 575 NYLA LANE ASHLAND OR 97520 Final: September 15, 1999 AREA COST PER (acre) ACRE ASSESSMENT $2,500.00 $3,500.00 $900.00 $900.00 $900.00 $900.00 $900.00 DESCRIPTION Parcel No. 1, Land Partitions Vol 2, Pg 3 (1) Lot 3 (1) Gross Heights Subdivision Lot 4 (2) Gross Heights Subdivision Lot 5 (2) Gross Heights Subdivision Lot 6 (2) Gross Heights Subdivision Lot 7 (2) Gross Heights Subdivision Lot 8 (2) Gross Heights Subdivision G:Dawn\Engineer\LID\Westwood St Final Assessment.wpd WESTWOOD STREET ASSESSMENT DISTRICT NO. 10 11 12 13 14 15 16 LIEN NO. MAP & TAX LOT 39-1E-8BA 210 39-1E-8BA 211 39-1E-SBA 700 39-1E-8BA 800 39-1E-8BA 900 39-1E-8BA 901 39-1E-8BA 902 39-1E-8BA 903 39-1E-8BA 904 NAME &ADDRESS AREA COST PER (acre) ACRE MARY FALLON TRUSTEE 177 WESTWOOD STREET ASHLAND OR 97520 SKYE GUNSOLUS & DAVID SUGAR 177 WESTWOOD ASHLAND OR 97520 JORGE & SUSAN YANT 155 WESTWOOD ASHLAND OR 97520 M. A. BARiCELLI & K. M. ZAKIS 145 WESTWOOD ASHLAND OR 97520 CHARLES SCHULMAN 135 WESTWOOD ASHLAND OR 97520 JANOS MARKUS 25 WESTWOOD ASHLAND OR 97520 JANOS MARKUS 25 WESTWOOD ASHLAND OR 97520 MARIKO & GREGORY MOORE 1082 BELLVIEW ASHLAND OR 97520 VIRGINIA & MARK DANIS 620 WELLER LANE ASHLAND OR 97520 ASSESSMENT $3,500.00 $3,500.00 $3,500.00 $3,500.00 $4,000.00 $5,801.00 $123,229.93 $4,000.00 $4,842.00 DESCRIPTION Lot 9 (1) Gross Heights Subdivision Lot 10 (1) Gross Heights Subdivision 98-02728 Jackson County D.R. (l) Vol. 292 Pg. 329 Jackson County D.R. (1) Parcel No. 1, Partition #P- 111-1994 (1) Lot 3 (1) Placer Run Subdivision Lot 1 (3) Placer Run Subdivision Parcel No. 2 Partition #P- 111-1994 (1) Lot 4 (1) Placer Run Subdivision G:Dawn\Engineer\LID\Westwood St Final Assessment.wpd WESTWOOD STREET ASSESSMENT DISTRICT NO. 17 18 19 2O LIEN NO. MAP & TAX LOT 39-1E-SBA 905 39-1E-8BA 906 39-1E-SBA 907 39-1E-8BA 908 TOTAL 20 LOTS NAME &ADDRESS AREA COST PER (acre) ACRE JANOS MARKUS 25 WESTWOOD ASHLAND OR 97520 LINDA & KEITH CASEBOLT 435 GRANDVIEW DR ASHLAND OR 97520 JANOS MARKUS 25 WESTWOOD ASHLAND OR 97520 ROBIN & PETER SCHWARZER 850 SISKIYOU BLVD #6 ASHLAND OR 97520 ASSESSMENT $7,621.00 $4,203.00 $5,510.00 $4,910.00 $188,616.93 DESCRIPTION Lot 5 (1) Placer Run Subdivision Lot 6 (1) Placer Run Subdivision Lot 7 (1) Placer Run Subdivision Lot2 (1) Placer Run Subdivision TOTAL (1) Assessment rate fixed per resolution and developer. (2) Reflects City payment of ½ of original $1,800 assessment. (3) This assessment deferred until the lot is further divided and/or sold. G:Dawn\Engineer\LID\Westwood St Final Assessment.wpd REC'D S E P 1 ~ 1999 j~/- --'/--g'2_- ~, co o o ABE & CYNTHIA MISH- 600 NYLA LANE ASHLAND OR 97520 JUNE 1 J , 1999 JIM OLSON 20 E. MAIN · ASHLAND OR 97520 RE: WESTWOODTM 'LID:RESOLUTION: DEAR MR. OLSON: IT WAS MAY 4th WHEN I FIRST-TRIED:TO'REACH YOU OR SOMEONE WHO MIGHT HELP WITH OUR i LEFT You A MESSAGE~ON YOUR;'YOU,'MUST~: BE BACK FROM MISSOURI BY NOW) I DID]FSPEAK~WITH-DAVID WE OWN 2 LOTS ON iNYLA;'LANE',j w.icl INCIDENTALLY DERIVES LITTLE IF ANY"~BENIFIT FROM THE PAVING OF WESTWOOD. ACCORDING TO_,YOUR OWN NEWSLETT IN FACT WE DON '~'KNOW. WHY 'WE~"A'REZ:BE~8:~'A'~SESSED :... . , . · ' . . t' .... ., wis ' lvso' l.s FINANCIAL OBLIGATION NOW'OR:,fNg"T~ES'~U~:<;FOR:ANY"'OT~.ER - · ' """ '~ ' ~1~' WE WOULD APPRECIATE 'A RESPONSE. . ,. , ' . . ..,.. '. · .:~! .': . ' ' ~ ', . ' City I )d,'rshutdittg LIDs, c,mlimted~'om lmgc I ,,sc, l i~ complete capital improve- mems iu special assessment dis- ~ric~. Mosl commonly in Ashlaud il has ],ecn used ~r street, sl~mndrain and sidewalk improve- mcnt im,jecls in neighborhoods. For exam[)]e, local houmowners wh,~ live along ~1~ unl,aw'~l slree~ are .sscssed for an in~provemenk wlfi,'h historically. has been based ~m l]w fronlage along lhe streel. This assessmenl can then be paid in f. II or financed over 10 years. In reviewing the City~s policies regardling LIDs. the Ad Hoc LID (',oreretinue looked at past LID pn,jccl~. amt also accepled com- mems and concerns from citizens ihn.~ghout the Ciw. A major com'cru was that tile total cost o[' Ihe improvement was borne by the neighborhood. The Committee felt ~ha~ ll~e City should bear at least a por~mn of the costs since ll~e sireel iml,rovemem resuhs in benefits far bey..d lhe local neigbborhood~ sm'l~ as improwM air qnalily, erosion coulrol, stormwater qnality, aod improwd pedeslrian environ- ments. qb thal end the (:ommittee recomn~ended that the (:ity partici- pate in sireel impr{~venmnts as ranlined in the charl below. mauy. And the maximum assess- ment for most properties is capped at $~,000 per potential unit (atom- ally adjusted for inflatiou), thns addressing the concerns of many citizens. In addition, an oppomk nity to defer the costs ~r larger parcels was also adopted, allowing ow,,crs with large properties ..ol to be burdened by large assess,,,enls until they decide to develop. For example~ if yon owu a home on a large lo~ (one that couht be di- vided) yon would be assessed the cost of both lots. However; you · i would ouly pa the assessment for : [ttildOtt'tlt'FS of the propert,' '; }.i~t on w. hi~i~ qur home is a. butliug the s/reel. *. situated; later, ~'~you ~ivide ~e lol, adopted this partnership approach as pan of the new IJD resolution. The method of LID assessnmnt has also been modified. Each property owner within an improve- ment district will be assc~ssed based on tile potential number of lots on their property. Most property owners will only have oue, bnt dew%pn,ent pm!~erlies can have the lqt. you..w_.9.uld .only p,a.y .th.e. o,n..e aSseSSnlen[. Other changes involve options for payoff of agreements prior to street i~nprovements, incoq~orating a neighborhood involvement process for all future LIDs. The developers' share of an LID is oot s,,bsidized by the City. Overall, the new policy provides an opportunity for the City to share in local street improvements, while also providing an equitable assess- ment process. The uew procedures shouhl res,,lt in fairer assessments, and a greater acceptance of street improvenwnt projecls that will benefil the entire community as well as local neighborhoods. For a complete copy of the new policies and ordinance amend- ~nents, contact the City Recorder at 488-5307. ~ 2 :1. :2_r5 WliEE:STW[]OD STREET ;~SHL..ANEi, [}I::;:I-._:GON ,:~ ...x :---, .-:> r.'> F:'H[3NEE:/Fh× <:'54 J. :> 48:2-6475 D e a i ....M a y o r a n ,2[ (' ,:::, u n ,: i 1: I:, e a s s i .c.1t I'1 e d '1:. o t. Iq e W e s t:. w o ,::, .:1 L I [i a _s w a s :L n t. h e F o r" ,:J y ,::: e I::' r" ,::, .:i e c .1::, ,, A 1 .l::. h c:. u !!3 h Wes 'l::. w ,:::. ,::, ,:::l L :1: D was 'F or"mec:l pr :i. ,:::,~ .... b.:::, c::urr"'en .1:. (:: :i. -I:. y F:'o ]. :L c y .~ ~,:~:!!!.~..L.';;,.L.i...:~:. .....L:":j.) 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[_L__a_s.s_.e_s....s..m_e...n.~:_.L..Q.,t=:_..~.!. ..............~_.1..2_:3, 229. 93 .L_.c_,t_._J_._.R_e_s i den ce__s_.O. l_.d. ...... .m_i.n_u_s.. ........... .-. 6,556 · 1A ..(E.c.!.Em...t.t.l_a_..._~_C.t:.e_.s.. :_.'.!L....$...?.,...~_8..4...,_.!..0)_ ............................. ;~cres .677 WITH t. he abc, ve ad.~.ustments~ the ~,resent egual distribu~.inn of LID L. ot:. :1:1: :1. ,:::,:::,r~t.a :i. ne,:::l .5., 760 a.:::r'es (: m :i. nus r"e:,;'; :i. clen c:e ,::,'f 0 ,. 6'T7 ac:r"e s (wl.'~:i. ch has i::,een sc:,l,:::l:) ~:i.'l:.h t. he i:::,,:::,ss:i.b:i. lit. y c,f 'l:.l.~r'ee mc, r"e ].c,t.s t.c. be c:r"eat. ed :L'f': an a,::::,::esE..'i r'oacl :i..'!E; clev:i. secl 'l::.hr'c,u.q.I.'~ 'l:.he 1,.3 a,:::res o'F W o o ,:::11 a n ,::1 I:;~ e s e r' v e s e I:::' a r" a t. :i. n c3 .1::. h e I::, a :1. a n ,:: e ,::, 'f 3.8 a ,:: ~"" e s<: '1:. I."i r" e e :1. ,:, t. s I o '~ 3 p a 9 e ...'s