HomeMy WebLinkAbout2019-28 Waterline LID 79 - Terminated by Council
Council Business Meeting
October 15, 2019
Resolution 2019-28 to Terminate the Waterline Road Local Improvement
Agenda Item
District and Repeal Resolution 1999-19
Paula C. Brown, PE Public Works Director
From
Scott A. Fleury, PE Deputy Public Works Director
paula.brown@ashland.or.us(541) 552-2411
ͳ
Contact
scott.fleury@ashland.or.us; (541) 552-2412
SUMMARY
Before Councilis a resolution to terminate the previously established Waterline Road Local Improvement
District (LID), #79. Resolution 1999-19 established Waterline Road reimbursement district and determined
proportional costs for the City and benefitted property owners. The LID called for the construction of a
paved street section along 500 feet of the currently unimproved section of Waterline Road including curb,
gutter, storm drain, water line, fire hydrants and retaining wall sections.
POLICIES, PLANS & GOALS SUPPORTED
City Council Goals adopted by Resolution 2019-02 and supported by this project:
Essential Services: street repair and maintenance; fire (protection)
Value Services: emergency preparedness
Department Goals:
Deliver timely life cycle capital improvement projects
Maintain and improve infrastructure that enhances the economic vitality of the community
Evaluate all city infrastructure regarding planning management and financial resources
PREVIOUS COUNCIL ACTION
The Waterline Road Local Improvement District (LID) was established through Resolution 1999-19 at the
April 6, 1999 regular business meeting. This resolution authorized establishing a local improvement district
for the improvement of 500 feet of Waterline Road. These street improvements included pavement,
curb/gutter and storm drain, water line, fire hydrants and retaining wall sections. Sidewalks were not
recommended due to site conditions which would likely necessitate significant rock excavation and additional
retaining walls.
BACKGROUND AND ADDITIONAL INFORMATION
at no final assessments
will be made on benefitted properties until a residential building permit is issued or a final approval is granted
on a land use application creating one or more new lots for Tax Lot 300, 391E 16AC, also known as the
Alston propertyAttachment 1 for site map. Since 1999, the property in question has not developed, and
the cost to construct improvements for the 500-foot road section have dramatically increased from the original
estimate of $600,000. The 2012 adopted Transportation System Plan (TSP) identifies project R46, a
connection from Ivy Lane west to Waterline Road. This project was defined as development driven and
removed from the fiscally constrained TSP.
Planning and Engineering staff conferred with Legal Department to discuss the likelihood of
requiring full road improvements through the potential development of Tax Lot 300, 391E 16AC. It is a
difficult site due to the terrain and would likely not have a significant number of homesites approved. Access
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would likely be from Ivy Lane. With this realization, staff is supportive of terminating the local improvement
district.
All property owners within the assessment district as required have been encumbered with a lien on their
property in the amount of $3,608.68 per assessable unit. Currently, when a property owner wishes to sell a
property within the assessment boundary, the lien shows on the title report and the seller is typically obligated
to pay the lien in full in order to finalize a sale. The City Recorder manages all LIDs and associated liens.
Currently there are 22 of the 47 property owners who have paid a total of $79,390.96 in assessed funds that
were collected as lien payoffs upon the sale of properties in the district and are being held by the Recorder.
Staff has worked directly with the City Recorder and Attorney in order to develop the proper terminating
resolution. Upon Council approval, staff will notify the 22 former property owners of the termination and
refund all funds currently retained.
FISCAL IMPACTS
Staff estimates the construction cost associated with this 500-foot roadway improvement project would
exceed $600,000 in current dollars. Section 13.20 of the Ashland Municipal Code governs local
improvements and special assessments. Council eliminated the maximum assessment per unit during the
December 1, 2008 study session. This change was enacted by resolution 2009-04.
If the termination of this local improvement district is approved, the City Recorder will remove current liens
on all properties within the assessment boundary and refund in full all liens currently paid The original
assessment and cost for the LID was estimated to be $179,908 in 1999, with an assessment of $3,608.68 for
each of the 47 units within the assessment area.
STAFF RECOMMENDATION
Staff recommends option 1; approving the attached resolution to terminate the Waterline Road LID and
repealing Resolution 1999-99, the initial resolution that formed the LID.
Option 2 (below), although feasible, does not provide the City adequate funds to complete the project should
development occur. Retaining the LID is a burden to the current property owners within the boundary area
that must pay the assessment in full to transfer property title or sell. Likewise, option 3 is viable only if
Council has recommendations for staff to consider.
ACTIONS, OPTIONS & POTENTIAL MOTIONS
Upon the closing of the public hearing, council could consider the following motions
1.
Improvement District and Repealing Resolution 1999-19.
2.Take no action and retain the Waterline Road LID.
3.Take no action at this time and return the resolution to staff for additional information and
clarifications.
REFERENCES & ATTACHMENTS
AMC 13.20 Local Improvements and Special Assessments (link)
Attachment 1: Site Map Tax Lot 300 (391E 16AC)
Attachment 2: LID Termination Resolution 2019-28
Attachment 3: Waterline Road LID Authorizing Resolution 1999-19
Attachment 4: April 6, 1999, City Council Regular Business Meeting; Council Item and Minutes
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Waterline Road LID
site map; boundary and improvement area
1 RESOLUTION NO. 2019-28
2 A RESOLUTION A RESOLUTION TERMINATING THE WATERLINE ROAD LOCAL
3 IMPROVEMENT DISTRICT #79 AND REPEALING RESOLUTION 1999-19
4 RECITALS:
5 A. The City of Ashland Council approved a local improvement district for the
6 construction of a portion of Waterline Road; and
7 B. The City Council has determined it is appropriate to repeal this authorizing resolution.
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9 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ASHLAND, OREGON,
10 RESOLVES AS FOLLOWS:
11 SECTION 1. Resolution 1999-19 forming the Waterline Road Local Improvement District #79
12 was passed by the Council at the April 6, 1999, Business Meeting.
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14 SECTION 2. The LID was contingent upon either a residential building permit being issued or
15 final approval being granted on a land use application to create one or more new lots for Tax Lot
16 300, 391E 16AC, also known as the Alston property. To date the parcel has not developed. The
17 construction estimate for the project associated with the LID resolution is no longer
18 representative of current costs.
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20 SECTION 3. The City has determined it is in the best interest of the public to disband this LID
21 reimbursement district and refund all monies collected to date.
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23 SECTION 4. Resolution No. 1999-19 is repealed.
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25 SECTION 5. This resolution is effective upon adoption.
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27 ADOPTED by the City Council this day of , 2019.
28 ATTEST:
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30 _____________________________
Melissa Huhtala, City Recorder
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RESOLUTION NO. 2019-28 Page of
1 SIGNED and APPROVED this ______ day of _______________, 2019.
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3 _____________________________
4 John Stromberg, Mayor
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6 Reviewed as to form:
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8 ___________________________
9 David H. Lohman, City Attorney
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RESOLUTION NO. 2019-28 Page of