Public Hearing, Adoption of a Resolution Levying Special Benefit Assessments
|Meeting Date:||May 1, 2007||Primary Staff Contact:||Jim Olson, 552-2412|
|Contributing Departments:||Legal, Finance, Recorder||Secondary Staff Contact:||Barbara Christensen, 552-2084|
|Estimate Time:||45 minutes|
A. Public Hearing
In accordance with AMC Section 13.02.060(E), a public hearing shall be held to consider any objections to the proposed assessments to be levied against property owners within the Nevada Street Local Improvement District No. 85. On March 23, 2007, Resolution No. 2007-09 was adopted setting a date for the public hearing of May 1, 2007. All property owners within the district were sent notices of the hearing and a notice was also published in the Daily Tidings on March 31, 2007.
B. Resolution Approval
C. Adoption of Findings
D. Written Objections to Proposed Assessments
|Staff Recommendation: |
A. Staff recommends approval of the attached resolution Levying Special Benefit Assessments for the Nevada Street Local Improvement District No. 85 as set forth in this communication and as further detailed on Exhibit A.
B. Staff further recommends approval and adoption of the attached findings.
The Nevada Street LID was developed in response to citizen requests to provide an opportunity to meet the following specific goals pertaining to Nevada Street:
1. Reduce speed of traffic
To meet these goals a comprehensive plan was developed with the assistance of a citizens panel comprised of a cross section of owners within the Quiet Village subdivision area, both from within and outside of the assessment district boundary. The design process was a rigorous one lasting nearly six months and culminating in seven different and distinct plans being submitted to the engineering staff. Staff was charged with refining the seven plans into a single acceptable design. This was accomplished by incorporating elements from the seven plans, into one single concept plan. This plan was reviewed and approved by the Council on August 3, 2004. The final project plans were completed by Thornton Engineering of Medford and the project was advertised for construction in April 2005. To provide economies of scale and to reduce bidding and administration costs, the Nevada Street LID project was included as Bid Schedule C in conjunction with two other projects (Schedules A and B) within the 2004 Miscellaneous Concrete Construction Project No. 2004-04.
This project was originally bid on May 10, 2005, with only a single bid received. Since that bid was 48% higher than the engineer's estimate, the single bid was rejected and the project was rebid later that year in the hopes of a more improved and competitive bidding atmosphere. Several changes were made to the project to help encourage a more competitive project including:
1. The project was rescheduled as a winter construction project to take advantage of what is generally considered to be the "slack" construction season.
The Miscellaneous Concrete Construction Project was rebid on December 14, 2005 with results similar to the May 10, 2005 bid. Again, we received only a single bed from LTM, Inc. The results of the bid are as follows:
The original estimated construction cost from 2004 was for $148,500.00 which was revised in 2005 to $175,525.50. The final bid at $249,050.50 was 29.5% higher than the latest revised cost estimate and 40.4% higher than the original 2004 estimate.
The construction contract was reviewed by Council on January 17, 2006, where it was determined that, due to the unlikelihood of receiving a more competitive and lesser bid, the single bid would be accepted and a contract be entered into with LTM Inc. to construct the Nevada Street Traffic Calming Improvements.
In accordance with AMC Section 13.20.060 (B) it was further determined that the amount of increase to be allocated to the benefited assessment district would be limited to just 10% over the advertised rate with the balance to be assumed by the City and funded through alternative sources. The assessment rate as indicated on Resolution No. 2004-31 was $575.20 per equivalent dwelling unit. With the additional 10% over the stated assessment rate, the final rate is now projected at $632.72.
Bullock vs. City of Ashland
1. That the City should have adopted findings as to the determination of the LID boundaries. (Circuit Court Case No. 04-397123(7)). This condition was remedied on June 6, 2006 when Council officially accepted findings which were promptly forward to the court where they were accepted.
60% of the total costs for sidewalk improvements;
City staff had considered this project to be a sidewalk improvements project which did not correlate well with the above standard formula, and elected to use a more equitable interpretation of the formula which resulted in a reduction in the assessment amount. In computing the assessment rate, the City chose to apply a 60% City participation to all categories of costs, except engineering costs. Rather than show a 20% and 75% participation for street improvement and storm drain costs, a uniform 60% reduction was applied overall. If the exact formula was to be followed the results would be as follows:
Based upon the latest engineer's estimate for construction the full costs are allocated to each of the four categories.
COST COMPARISON BETWEEN PROPOSED ASSESSMENT COST AND COSTS COMPUTED IN ACCORDANCE WITH RESOLUTION 99-09
Previous Proposal Costs
Costs Per Resolution 99-09
As shown, the full formula interpretation would result in a 24.5% increase in individual assessments This has no impact upon the final assessment rate as it is legally established by Resolution No. 2004-31 plus 10% and additional costs in excess of that increase are already assumed by the City
|Related City Policies:|
AMC Chapter 13.20 Local Improvements and Special Assessments
AMC Chapter 13.20.010 Definitions
Council may accept the proposed assessments as shown on Exhibit A and approve the Resolution Levying Special Benefit Assessments for the Nevada Street LID No. 85, or:
Council may elect to modify, correct or revise the assessments to be levied, based upon arguments presented at the public hearing.
Council may adopt the findings as prepared, or;
A. Council may move to adopt the attached resolution Levying Special Benefit Assessments for the Nevada Street Local Improvement District No. 85.
B. Council may more to revise the resolution to accommodate changes to the assessments.
C. Following approval of the resolution Council may move to adopt the findings or revise them as needed.
Click on the PDF file below to view the following attachments:
1. Resolution / Exhibit A
2. Vicinity Map
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