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City of Ashland, Oregon / City Recorder / City Council Information / Packet Archives / Year 2005 / 07/19 / PH - Strawberry LID

PH - Strawberry LID

Council Communication


Adoption of a Resolution Levying Special Benefit Assessment for the Strawberry Local Improvement District


Meeting Date: July 19, 2005 Primary Staff Contact: James Olson, 552-2412 olsonj@ashland.or.us
Department: Public Works/Parks Secondary Staff Contact: Barbara Christensen, City Recorder, 552-2084, christeb@ashland.or.us
Contributing Departments: Legal, Finance
Approval: Gino Grimaldi

Statement:
In accordance with the AMC Section 13.02.060(E), a public hearing shall be held to consider any written objections to the proposed assessments to be levied against property owners within the Strawberry Local Improvement District No. 83. On June 7, 2005, Resolution No. 05-19 was passed which set a public hearing date of July 19, 2005.

All property owners have received notice of the hearing through direct mail and by publication in the Daily Tidings.

As of the date of this memo only one letter has been received in response to the hearing notice. Any subsequently received objections or comments will be appended to this communication and addressed at the public hearing. A copy of the single letter received and staff's response is included at the end of this communication.

0
Background:
The Strawberry Local Improvement District provided for the improvement of Strawberry Lane, Alnutt Street, Nutley Street, Scenic Drive and Westwood Street. This project has proven to be the City's most widespread and expensive LID to date with a total improvement cost of $1,028,161.63. This project offered a number of unique and difficult challenges in the design and construction of the various streets. The difficult and constrained topography required some very creative designs and construction methods which ensured that this improvement would have a high price. Some of the most difficult challenges that were overcome were imposed by extremely steep grades, some in excess of 22 percent, narrow rights-of-way of 28 feet, extreme cross slopes, highly errodable soils, the need to match older established driveways, the need for extensive slope and bank retaining systems and a general lack of maneuvering room.

The improvements consisted of installation of storm drains including a major storm drain line down Nutley Street to Ashland Creek (including a pollution control structure) curbs and gutters, sidewalks on one side of each street, paving, utility construction and extensive retaining wall systems. The contractor selected for this project was ROBCO Inc. out of Grants Pass, while the design was provided by Hammond Engineering Inc. of Medford. The project was commenced on May 12, 2002 and was accepted on August 16, 2004 at a total cost of $945,318.72, which included some replacement and improvement of existing sanitary sewer and irrigation pipelines. The utility work is outside the scope of the LID and was deleted form the assessable project cost.

Following is a summary of the costs for this project:
A. Final Construction Cost $945,318.72
B. Less Non-Assessable Utility Work $ -56,197.00
C. Assessable Construction Cost $889,121.72
D. Engineering Costs $139,039.91
E. Total Assessable Project Cost $1,028,161.63

The total cost is $48,535.37 less then the estimated total cost of $1,076,697.00 shown on the attached Resolution No. 2001-30. This project has a relatively small assessment base, but high construction costs which has resulted in costs well above the maximum assessment cap established under Resolution No. 99-09. Original estimates for this project indicated a City participation of $734,000 or over 69% of the project. The high rate of participation is due to the fact that there are four properties owned by the City (including the Parks Department) and included within the assessment district and that per unit costs are over the established assessment cap of $4,140.00 per unit. When the normal percentages of participation for sidewalk, storm drain, and street construct and engineering as required under Resolution 99-09 are included the final City participation totals $706,282.65 or 68.7% of the project cost as outlined below:

TOTAL CITY OBLIGATION
A. City Assessment $52,205.00
B. Parks Assessment $41,764.00
C. City Participation per Resolution 99-09 (summary below) $399,470.00
D. Reimbursement for Materials & Services provided by Developers $19,677.02
E. Credit for Right-of-Way Purchase $4,140.00
F. Amount of LID Cap Exceeded $189,026.63
-

TOTAL CITY OBLIGATION

$706,282.65

Under Resolution No. 99-09 (attached) the City is required to contribute a percentage of the improvement costs to reduce the assessments to the district. The percentage of City participation is as indicated below:

60% of the total costs for sidewalk improvements;
75% of the total costs for storm drain improvements;
20% of the total costs for street surface improvements; and
50% of the total costs for engineering and administrative services.

City participation for this project is:
A. Sidewalk costs: 60% of $73,195.50 $43,917.30
B. Storm drain costs: 75% of $223,359.00 $167,519.25
C. Street surface costs: 20% of $592,567.52 $118,513.50
D. Engineering costs: 50% of $139,039.91 $69,519.95
-

Total

$399,470.00

The apportionment of assessments within this district is somewhat more complicated than previous LIDs in that there are three distinct and different assessment rates applicable to this project.

A. The owners of exiting lots within the district received assessment rates at the maximum allowable rate of $4,140.00 as established under Resolution 99-09.

B. The developers of the Strawberry Meadows Subdivision, consisting of 21 lots or units received an additional amount of assessment to accommodate the requirement to provide a paved way from the outer boundary of the subdivision to Granite Street. The cost of this paving requirement was estimated at $49,686.00 and was added to the base assessment of $4,140.00. This additional cost when divided among the 21 lots within the subdivision added an additional $2,366.00 to the base assessment for a final assessment rate of $6,506.00. While this rate is higher than the assessment cap, it is a condition of the development of the Strawberry Meadows Subdivision as approved by Planning Action No. 2000-082 and is further allowed under Resolution 99-09 Section 3 Paragraph B, which states that "There shall be no maximum amount, however, on lots owned by the City or on lots where the LID improvements are required to be made by an owner or developer as a condition of approval of the subdivision or partition."

As indicated on Exhibit A to the attached resolution, the developers provided two elements which were incorporated into the final project and which were reimbursed as a credit on the assessment list. In addition, a credit was offered as compensation for additional right of way on Strawberry Lane.

Following is a summary of the credits:

1. Fire Hydrant Credit

In 1992, Mr. Hwoschinsky was required to install a fire hydrant and six inch waterline to the northerly portion of his property. The City has opted to acquire this fire hydrant and waterline to provide service to parks land and to fill the dip tank on Park's property. An easement has been acquired for the waterline. The cost of the waterline and hydrant is $10,977.02.

2. Engineering Service Credit

Preliminary design for the LID project was conducted by Hammond Engineering and was paid by Paul Hwoschinsky, Doug Neuman and Meg Brown. This work was required for the presentation of the project to City Council and it was agreed that this preliminary engineering work should be incorporated into the total LID costs and would be reimbursed as a credit against the LID assessment. The amount of this credit is $8,700.00. The combined total of the two credits is $19,677.02.

3. To complete the construction of this project it was necessary to acquire additional right of way in several locations from five separate property owners. While some demanded and received a monetary settlement for the right of way, others received additional or replacement sewer and water services. One owner elected to receive a full assessment credit as consideration for the right of way acquisition. This credit applies to lot 391E8AD- 5300 and is reflected on Exhibit A to the resolution.

C. The third and highest rate applies to City owned lots which are assessed at $10,441.00 per unit. This is the computed assessment minus any credits or discounts which might apply to other lots.

The total final derived assessment of this LID is as follows:
A. Total Project Cost $1,028,161.63
B. Less City Participation per Resolution 99-09   $ -399,470.00
C. Less Credit for privately provided materials and services and right of way purchase $ -23,817.02
D. Less costs over and above the maximum LID cap $ -189,026.63
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Total Assessable Amount

$415,847.98

Related City Policies:
AMC Chapter 13.20 Local Improvements and special assessments are enclosed in their entirety.

13.20 Local Improvements and Special Assessments

13.20.010 Definitions
13.20.020 Initiation of Local Improvements
13.20.030 Content of Improvement Resolution
13.20.040 Notice of Hearing Regarding Improvement Resolution
13.20.050 Hearing on Improvement Resolution
13.20.060 Method of Assessment
13.20.070 Notice of Assessment
13.20.080 Address To Which Notices Should Be Sent
13.20.090 Deficit Assessments or Refunds
13.20.100 Rebates and Credits
13.20.110 Description of Real Property; Effect of Error In Name of Owner
13.20.120 Lien Records and Foreclosure Proceedings
13.20.130 Errors in Assessment Calculations
13.20.140 Installment Payments of Assessments
13.20.145 Deferral of Assessment Payments
13.20.150 Abandonment of Proceedings
13.20.160 Manner of Doing Work
13.20.170 Curative Provisions
13.20.180 Construction of Improvement: Bids
13.20.190 Reassessments
13.20.200 Apportionment of Liens Upon Partition
13.20.210 Remedies
13.20.220 Severability

0
Council Options:
Council may accept the proposed assessments as shown on Exhibit A and approve the Resolution Levying Special Benefit Assessment for the Strawberry Local Improvement District No. 83.

-or-

Council may elect to modify, correct or revise the assessments to be levied, based upon written responses presented at the public hearing.

0
Staff Recommendation:
Staff recommends approval of the attached resolution Levying Special Benefit Assessments for the Strawberry Local Improvement District No. 83.
Potential Motions:
Council may move to adopt the attached resolution Levying Special Benefit Assessments for the Strawberry Local Improvement District No. 83.

Council may move to correct, modify or revise the assessments to be levied against the owners of property within the Strawberry Local Improvement District No. 83.

0
Attachments:
Resolution No. 2005- with Exhibit A

Click on the PDF file link below to view the following attachments:

   • Letter from Linda and Barry Katzen with Staff Response
   • Map of LID Boundary
   • Resolution No.99-09
   • Resolution No. 2001-30
   • Resolution No. 2005-19






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