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.) 't:.He 'f'".:::,:i.].,:,w:i.~"~EI w:i.l:k sh,:,w 'l:.hat. t. her-e was r~,:,'l::. a ,::lear"
p :i. ,::: .1::, u r' ec, 'F p r' ,::, j e ,:::: .1::. e ,:::1 ,:::: ,:::, s .1::. s u n .1::. :i. ]. a 'F t:. e r' .1:. h e C :i. 't:. y F:' c. :L :i. c: y .1:. ,:::, c, k
e 'f':' 'F e ,:::: t:. .
P_E._e..s...e__n.j.:=_.L_..! [_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