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Home My WebLink About2003-0520 Council Mtg PACKETCouncil Meeting Pkt. BARBARA CHRISTENSEN CITY RECORDER CITY OF dkSHLAND AGENDA FOR THE REGULAR MEETING ASHLAND CITY COUNCIL May 20, 2003 Civic Center Council Chambers, 1175 E. Main Street 6:30 p.m.. Executive Session: To discuss labor negotiation issues, pursuant to ORS 192.660(1)(d). 7:00 p.m. Regular Meeting: I. PLEDGE OF ALLEGIANCE: II. ROLL CALL: III. APPROVAL OF MINUTES: Regular Council Meeting Minutes of May 6, 2003. IV. V, SPECIAL PRESENTATIONS & AWARDS: (None) CONSENT AGENDA: 1. Minutes of Boards, Commissions and Committees. t~- Termination of an Easement at 118 Nevada Street. 3. Authorization to Declare the Belt Press Equipment (Wastewater Treatment Plant Equipment Inventory) as Surplus and Offer for Sale. VI. PUBLIC HEARINGS: (Testimony limited to 5 minutes per speaker, unless it is the subject of a Land Use Appeal. All hearings must conclude by 9:30 p.m. or be continued to a subsequent meeting.) (None) VII. PUBLIC FORUM: Business from the audience not included on the agenda. (Total time allowed for Public Forum is 15 minutes. Speakers are limited to 5 minutes or less, depending on the number of individuals wishing to speak.) COUNCIL MEETENGS ARE BROADCAST LIVE ON CHANNEL 9 VISIT THE CITY OF ASHLAND'S WEB SITE AT WWW.ASHLAND.OR.US VIII. UNFINISHED BUSINESS: (None) IX. NEW AND MISCELLANEOUS BUSINESS: (None) ORDINANCES, RESOLUTIO.~TRACTS: ~"~- Reading by title only of '~ Resolution A~pting a New Fee Schedule for the City of A~sblar~LBui~g Divisio~chaniCal and Plumbing Inspe?ion Programs." 2~First Reading o~..~An Ordinance Amending Sections 15.04.220, 15.16.240 and ~-~5~-zb.b~0 of tn~ Ashland Municipal Code to Provide that Fees for the MechaniCal, Plumbing and ElectriCal Cod~t by Resolution of the City Council." ~ Reading by title only of~A~ Resolution~uthodzing and Ordedng the LoCal Improvements for Con~u~rovements to Tolman Creek Road, Consisting of Sidewalks, Parkrows, Parking Bays, Bicycle Lanes, Pedestrian Safety Improvements to Intersections, Traffic Diverter Islands, Drainage and Associated Improvements and Authorizing the City to Borrow Money and Issue and Sell Notes for the Purpose of Providing Interim Finan~al Cost of the Locall Improvement." -~4. Reading by ti? only ~"A Resolution_.~nsferdng Appropriiations Within the 2002- 2003 Budget. ~ ~/---5. Reading by title only of("A Resolution_.n_.n_.n_.n_.n_.~opting the City of Ashland Affordable Housing Action Plan an'~eeds Analysis." Xl. XlI. OTHER BUSINESS FROM COUNCIL MEMBERS/REPORTS FROM COUNCIL LIAISONS ADJOURNMENT: REMINDER A study session will be held on Wednesday, May 21st at 12:00 p.m. in Council Chambers. Topics will include: 1) Report/ Update from Rogue Valley Community Public Televisiion; and, 2) Citizen Survey Options. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Administ~:ator's office at (541) 488-6002 (TTY phone number 1-800-735-2900). Notification 72 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to the meeting (28 CFR 35.102- 35.104 ADA Title I). COUNCIL MEETINGS ARE BROADCAST LIVE ON CHANNEL 9 VISIT THE CITY OF ASHLA/qD'S WEB SITE AT WWW.ASHLAND.OR.US MINUTES FOR THE REGULAR MEETING ASHLAND CITY COUNCIL May 6, 2003 - 7:00 p.m. Civic Center Council Chambers, 1175 E. Main Street CALL TO ORDER Mayor Alan DeBoer called the meeting to order at 7:00 p.m. ROLL CALL Councilor Laws, Amarotico, Hartzell, Jackson, Morrison and Hearn were present. APPROVAL OF MINUTES : Regular Council Meeting Minutes of April 15, 2003, and Minutes of Executive Session of April 15, 2003. SPECIAL PRESENTATIONS & AWARDS A Certificate of State Accreditation was presented to Police Chief Scott Fleuter and the Ashland Police Department. Proclamations of May 5 - 12, 2003 as National Historic Preservation Week, of May 18 - 24 as National Emergency Medical Services Week, of May 18 - May 24, 2003 as National Public Works Week, and of May 11 - May 17, 2003 as National Nursing Home Week were read aloud. CONSENT AGENDA 1. Minutes of Boards, Commissions and Committees. Councilors Hartzell/Jackson m/s to approve Consent Agenda. Voice Vote: all AYES. Motion passed. PUBLIC HEARINGS 1. Public Hearing for any concerns with the intent to form a Local Improvement District (LID) for Construction Improvements to Tolman Creek Road. Public Works Director Paula Brown and City Engineer Jim Olson gave background information and a brief synopsis on the proposed formation of a Tolman Creek Road LID. Olson explained that the prime goal in forming this LID was for safety and the slowing of traffic. On a map, Olsen indicated proposed areas for increased pedestrian safety, which included sidewalks, bike lanes, and traffic islands. He noted that attention is being placed on saving trees and that property owners are being consulted. It was explained that crosswalks would be striped and pedestrian lighting installed. Brown noted areas where design is still being negotiated with property owners. It was explained that most citizen feedback received by Staff concerning the LID has been positive. Public Hearing OPEN: 7:25 p.m. James Dietz/851 Tolman /Commented favorably concerning the design of the plan, but felt that more could be done for safety and traffic calming. He suggested incorporating the use of speed bumps and stop signs. Irene Kai/2560 Eagle Creek Lane /Voiced outrage at being forced to participate in the LID when she doesn’t want to. She felt that the design does little in terms of traffic calming, and asked for instruction on how citizens could stop the LID from going forward. Tonia Blum/932 Tolman Creek Road /Voiced support of the LID and expressed her pleasure in the outcome of the project process. Joseph Peck/936 Spring Way /Opposed the LID and stated his opinion that safety on Tolman was not currently an issue. He felt that the project would unfavorably impact the neighborhood and expressed support of citizens trying to stop the LID. Mary-Kay Michelsen/2810 Diane Street /Supported the formation of the LID and expressed her approval of the project’s design. Public Hearing CLOSED: 7:40 p.m. Ashland City Council Meeting Page 1 of 4 May 6, 2003 Brown explained that after passage of the Resolution there is no recourse for property owners to stop the LID. Construction on the project goes out to bid next month. Olson explained that stop signs are not installed unless they are warranted. It was explained that stop signs do not slow traffic but rather serve as a regulator of right-of-way. It was reiterated that traffic calming is stressed in the design of the project. The process of noticing for the public hearing was explained. Staff recommended that the Council approve the formation of the LID. Brown clarified that she does not expect costs to go over the bid. Council discussed the dates of noticing of the hearing and explored the possibility of bringing the Resolution back for reading at the May 20 meeting. Property owners were encouraged to speak up in regards to their concerns about the LID. City Attorney Paul Nolte explained the process for submitting a remonstrance for this proposed LID. Council agreed that this should come back at the May 20 meeting. PUBLIC FORUM Daniel Rueff/Ashland /Commented on problems that he feels is associated with Interfaith Community Care Association (ICCA) and his interaction with this organization. He commented on his involvement in past flag burning incidents and expressed appreciation for individuals fighting for forests. Marilee Jenkinson/1102 Holton Rd Talent /Spoke regarding political will, homelessness, civil liberties and when it is right to assemble. Ryan Navickas/711 Faith Street /Spoke regarding the recent arrest of bicycle activists and stated that these assemblies are only meant to bring attention to bicycle safety. He felt it was counterproductive for the City Police to arrest those protesting the lack of bicycle safety. He commented that in the past the local police department seemed more tolerant of protesters than they are now. Jimmie Young/1151 Tolman Creek Road /Spoke regarding the value of the Ashland Fiber Network to the local economy and how important it is to his business. He commented that if AFN is marketed and managed properly it would bring in businesses beneficial to the community. J. T. Saloma/593 Crowson /Shared his opinion that homeless individuals are being discriminated against and commented on how he felt ICCA should be reaching out and providing to the homeless. Laws commented that Public Forum was an inappropriate place for public attacks on individuals who are not City employees or elected officials. It was noted that the agenda of the June 4, 2003 Study Session would include discussion of homeless issues. UNFINISHED BUSINESS (None) NEW AND MISCELLANEOUS BUSINESS 1. Presentation on Housing Trust Fund Project. Mary Brooks of the Housing Trust Fund Project, a special project of the Center for Community Change, spoke regarding housing trust funds. She explained that Housing Trust Fund is a way to elevate the way in which we fund affordable housing, by providing a dedicated and secure source of public funding. She commented on positive steps that the City has taken in order to take advantage of housing trust funds, and briefly explained the way Housing Trust Funds work. Rich Rohde/124 Ohio /Spoke regarding the current legislation and its status. He explained that this bill has been modified and includes a four-year pilot program offering a window of opportunity for the City of Ashland to show what a Housing Trust Fund could accomplish for affordable housing in Ashland. Nancy Richardson/93 California St /Voiced appreciation for the creation of the Housing Coordinator position. In regards to opposition to the Real Estate Transfer tax, she felt that that the tax is not unfair and does not target certain groups. She feels that the current system of taxation disproportionately benefits property owners. Brooks commented that all revenue sources should be investigated when considering Housing Trust Funds and that the most common method of managing the funds is to administer them through a department or an agency. Ashland City Council Meeting Page 2 of 4 May 6, 2003 2. Quarterly Financial Report. Finance Director Lee Tuneberg summarized the Quarterly Financial Report and pointed out adjustments various areas. 3. Affiliated Marketing Agreement with Bonneville Environmental Foundation (BEF) . Electric and Telecommunications Director Dick Wanderscheid explained the proposed agreement with BEF to market “Green Tags” that could be used purchased by Ashland residents. The tags represent green power purchased by BEF on behalf of the tag purchaser. BEF proposes to provide an up-front payment of $2,500 that would be used to invest in Green Power generation within Ashland. Councilor Hartzell/Laws m/s to authorize entering into an Affiliated Marketing Agreement with BEF. Voice Vote: all AYES. Motion passed. 4. Ashland Fiber Network (AFN) Quarterly Report. Electric and Telecommunications Director Dick Wanderscheid presented the AFN quarterly report. He explained that AFN consistently exceeds cable modem and cable TV targets. He noted that in the area of revenue, the already approved rate increase would almost make up the revenue shortfall. In expenses, the way the expenses have been reported is inaccurate due to misclassification of some capital expenses. ORDINANCES, RESOLUTIONS AND CONTRACTS 1. Reading by title only of "A Resolution Revising Rates for Electric Service Pursuant to Ashland Municipal Code Section 14.16.030 and repealing Resolution 2002-09." Electric and Telecommunications Director Dick Wanderscheid noted an error in the last sentence in the last paragraph under “Fiscal Impact,” it should read “Their BPA surcharge would increase from $19.71 to 25.63.” He reported on the proposed rate increase, noting a variety of increased expenses. Councilor Hartzell/Laws m/s to accept recommendation. Roll Call Vote: Laws, Amarotico, Hartzell, Jackson, Morrison and Hearn; All AYES. Motion passed. Councilor Hartzell/Laws m/s to approve Resolution #2003-12. Roll Call Vote: Laws, Amarotico, Hartzell, Jackson, Morrison and Hearn: All AYES. Motion passed. 2. Reading by title only of "A Resolution Revising Rates for Water Service pursuant to Ashland Municipal Code Section 14.04.030 and Repealing Resolution 2002-08." Finance Director Lee Tuneberg reported that this is the second of three annual 5% increases. The increase would be effective for bills prepared on are after July 1, 2003 beginning with cycle one. Councilors Hartzell/Morrison m/s to approve Resolution #2003-13. Roll Call Vote: Morrison, Hearn, Amarotico, Hartzell, Laws, and Jackson; All AYES. Motion passed. Councilors Hartzell/Laws m/s to extend the meeting past 10p.m. Voice Vote: All AYES. Motion passed. 3. Reading by title only of "A Resolution of City of Ashland, Jackson County, Oregon, Authorizing the Issuance of Water Revenue Bonds and a Master Water Revenue Bond Declaration." Finance Director Lee Tuneberg reported that approval of this resolution would allow the competitive sale to go forward and also, with the declaration, provide the Finance Director the ability to make the final necessary decisions in a bond sale. Councilor Morrison/Hearn m/s to approve Resolution #2003-14. Roll Call Vote: Jackson, Hearn, Laws, Morrison, Hartzell and Amarotico; All AYES. Motion passed. 4. Reading by title only of "A Resolution Authorizing and Ordering the Local Improvements for Construction Improvements to Tolman Creek Road Consisting of Sidewalks, Park rows, Parking Bays, Bicycle Lanes, Pedestrian Safety Improvements to Intersections, Traffic Diverter Islands, Drainage and Associated Improvements and Authorizing the City to Borrow Money and Issue and Sell Notes for the Purpose of Providing Interim Financing for the Actual Cost of the Local Improvement." Item postponed until May 20, 2003. Ashland City Council Meeting Page 3 of 4 May 6, 2003 OTHER BUSINESS FROM COUNCIL MEMBERS Morrison commented on protest demonstrations, noting that there is neither policy nor intent on the part of the City to prevent citizens from exercising their rights to demonstrate. It was noted that one must not assume that free expression would be unregulated. DeBoer reminded that tomorrow’s study session would be on the “Big Box” issue. Jackson reminded that May 15, 2003 from 7 to 9p.m. there would be an affordable housing public forum at the United Methodist Church at North Main and Laurel. ADJOURNMENT Meeting was adjourned at 10:07p.m. _________________________________ ________________________________ Barbara Christensen, City Recorder Alan DeBoer, Mayor Ashland City Council Meeting Page 4 of 4 May 6, 2003 ASHLAND AIRPORT COMMISSION April 1, 2003 MINUTES MEMBERS PRESENT: STAFF: MEMBERS ABSENT: CHAIRMAN PAUL ROSTYKUS, LINCOLN ZEVE, ALAN DEBOER, RICHARD HENDRICKSON, ANN SKY, DONALD FITCH, WILLIAM SKILLMAN, BRENT THOMPSON PAULA BROWN, DAWN LAMB, BOB SKINNER, FBO MARTY JACOBSON 1. CALL TO ORDER: 10:00 AM 2. APPROVAL OF MINUTES: March 4th minutes were approved as written o OLD BUSINESS: A. Superunicom Update Tom Franklin spoke with Skinner and certification is still pending. The competitor to the Superunicom filed an appeal to the FAA and this slowed the process considerably. Hopefully certification will come through in the next thirty days. Bo Self-Fueling Update Hardware for the system has been delivered. Skinner has gathered bids for the electrical work, three quotes came in with Valley electrical being the lowest at $2,200. Skinner wanted to do a line item comparison to be sure that the bids were comparable before signing with a service. The agreement with AirBP has not yet arrived, Skinner will coordinate with Staff on the agreement. Skinner also found out that pilots with exiting charge accounts will be able to use that service with the cardlock. Skinner will report on electrical service schedule at next meeting. Co Web Cam Fitch and Sky's IP Manager, Steve Fletcher discussed the addition of the web cam to the Sky bandwidth. Security could be an issue if it is a looped connection that allows users to give the address input. The most secure manner would be to have a web cam that pushes the image out, updating the image every few minutes. The camera would view the northwest to show the fog. The only cost will be the camera and the range is anywhere from $150 to $3,000. The $150 camera is sufficient for our needs but may have Iow quality resolution. Brown has money in this year's budget as long as it remains under $1,000. Skillman questioned probability of doubling the purpose to include security viewing. Brown commented that if we do this she would like to include the cost into an AlP. Commission agreed that this camera would be for weather information convenience only. The view may become obscured with the addition of another hangar. Action: Hendrickson motioned to task Fitch with researching different cameras and help with installation and link up. When Fitch has chosen a camera he can coordinate with Lamb to purchase. Seconded and unanimously passed. Fitch agreed to stay involved even after his term to complete this project. Thanks Donald! \\COMPAQl\DATA\GOV~ub-wrks~eng\dept-admin~AIRP'~41NUTES~2003~April 1 03.doc 1 Do 2003 Pavement Maintenance Program (PMP) A letter from the Oregon Department of Aviation was included in the packet showing the areas to be repaved this summer. The state is requiring a 10% match to the $250,000 cost however Brown feels this estimate is high and could come in considerably lower. Striping will be done by the contractor but Engineering will redo a restriping plan. Action: Engineering will create a restriping plan and Brown will keep commission abreast of any new developments. Eo Signage & Traffic Flow Rostykus and Skinner met to brainstorm ideas for controlling traffic flow. Transient parking could be moved directly in front of the parking lot with pavement markings stating transient only. Then Fed Ex and UPS can use this area on fog relief days. Monthly transient parking will be moved to the east end of the runway in front of the Valley View hangars. Skinner has been locking the gates in front of the FBO office but this creates a situation where the FBO office can no longer see people entering the field because they are simply going to other gates instead of checking in. The noise abatement signs are peeling badly. The elevation signs are on rebar poles and will also need to be changed to have correct elevation. Commission said that red pavement markings are popular. Signs could also be put on the fences where the transient area exists. A sign also should be erected going up to the T-hangars that reads authorized vehicles only. The elevation sign could be enhanced to read 2900', please avoid the downtown area. o NEW BUSINESS: A. Applications for Open Commission Positions Fitch and Jacobson will not be reapplying. The Mayor and Chair will discuss other applicants. The new members should be at the next meeting. Bo Road Names The idea of naming the roads and taxiways was brought up to the commission. No one showed any real interest. Co E-mail Addresses It was asked if email addresses could be added to the roster. Lamb will add the addresses of commissioners that would feel comfortable. D. Sky A. Mapping Request Sky asked if there could be a map or plan showing proposed road connections are anticipated. She fears that roads similar to the one being built for employees to Sky Research and the Skinner maintenance hangar are wasteful because they only benefit one or two businesses. She would like to see this more thought out in the future. Sky would like to be sure that our resources are being used wisely. Commission and staff felt this would be served by the new master plan. The construction of two roads instead of one seems wasteful when extending Airport Road could be used for both hangars. Commission had discussed this but still feels that a separate vehicle access is safer. If Airport Road is used for Sky, then the vehicles are still crossing the taxiway and this is still a safety hazard. The construction of the access road to FBO maintenance and Sky Research is to ensure a path for vehicles that does not conflict with any of the aircraft taxiways. Brown feels this kind of internal conflict is why the master plan will be better being \\COMPAQl\DATA\GOV~pub-wrks\eng\dept-adminkAIRPVvtlNUTESk2003~April 1 03.doc developed by an outside engineer with an objective point of view. Skinner agreed with this point. Skillman pointed out that the current Master Plan is out of date and most revisions suggested in the plan have been seen through. It has always been a plan to have vehicles access the west end of the airport from Airport Road while the east end is accessed by the main entrance road. This was the safest and most efficient way to accomplish the separation of vehicular and aircraft travel. AIRPORT MANAGER REPORT/FBO REPORT/AIRPORT ASSOCIATION: A. Status of Airport, Financial Report, Review of Safety Reports Weather has slowed the field. The weeds will need to be taken care of soon. o OTHER: A. Airport Appreciation Day Clark Hamilton addressed the progress of Airport Day! May 18th is scheduled and everyone is on board. The cost of having airport day is starting to add up and the Airport Association 'only has about ~,vo more years of funding. It costs about $2000 a year to put on. The Commission has been discussing the state of the association and would like to see a resurgence in the membership. The membership should be able to help support the airport perks like the web cam and maybe do an association barbecue. There should be more social events out at the airport. Zeve was pleased to see Hamilton and was appreciative of his efforts. He asked if the previous discussions canceling Airport Day have been quelled or if the liability was becoming too much? Hamilton spoke about the positive public relations gained by Airport Day. There will always be a liability but the private pilots that do the flying all have insurance. The EAA has a policy that covers all their pilots too. Thompson supports continuing the Airport Day as is. There is no reason at this point to not do it, there will always be liability for any event and we should encourage the City facilities to be open to the public. Skillman was in favor of continuing Airport Day and the flights are a calculated risk every pilot takes. Hendrickson asked if pilots insurance is checked. Hamilton goes over the list and looks for experience as well as insurance before allowing them to participate. 9. NEXT MEETING DATE: May 6th, 10:00 AM ADJOURN Meeting adjourned at 11:30 AM \\COMPAQl\DATA\GOV~pub-wrks~eng\dept-adminkAIRP~41NUTESk2003~pril 1 03.doc 3 CITY OF ASHLAND Council Communication Title: Dept: Date: Termination of an Easement at 118 Nevada Street Public Works and Finance Department May 20, 2003 Paula Brown~ Paul Nolte Gino Grimaldi '? Submitted By: Reviewed By: Approved By: Synopsis: Approval of the attached quitclaim deed would terminate the City's interest in an irrigation flume easement located at 118 Nevada Street (391E4BD Tax lot 1901). Recommendation: It is recommended that the Council approve a motion to authorize the Mayor's signature on the attached quitclaim deed terminating the City's interest in an irrigation flume easement located at 118 Nevada Street (391E4BD Tax lot 1901). Fiscal Impact: none Background: In November of2002 the City of Ashland, though its Parks and Recreation Department, agreed to purchase 2.27 acres of property owned by Florence Keener on tax lot 391E4BD 1901 located on the south side of Nevada Street adjacent to Ashland Creek (see attached vicinity map). On behalf ofthe Parks Department, the Engineering Division had Terra Survey complete a land partition survey to divide the property into three separate lots (see attached land partition survey). Mrs. Keener retained parcel #1, with 0.18 acres, as her residence. Parcel #3 containing 2.03 acres was deeded to the City for parks open space. The remaining Parcel #2, with 0.24 acres, was sold to Richard and Sharon Preskenis. The title report and survey disclosed an easement which crosses the northerly ~ ofthis lot (see attached file document dated December 27, 1909). The easement was to provide access to an irrigation flume and diversion dam, which is located on Parcel #3. The partition plat created a new access easement located entirely on Parcel #3. The easement on Parcel #2 is no longer necessary and severely restricts the buildability of that lot. 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I I ~ IlL I/,,, .. -, I- I \ ",,-sl/l.'to \ ","i.1 ";;1"\. -/' '~- ~ I ~ ~~ I- - ~ ~l's~ ltl I I~ a ~ . ~~, (f) I 1~5 ~ :a ~ I ~I ~ - ( 1\5 '" ~/ / ........... --" i~ a .l('~1I Al.<<.L~ ::l!l:3 ..~ .....~..1.OCl$ i!(l I :1 ~ Pw~ i i ~~~I ~ ~ I ~~ iili ~ i I ~i :!Ii i ~ '--4>... ..!!l ~Iftl I \ "' ~ ~~ -~~ " ~g I "~~ _ J _~:'- - - j ~I .J.~~- ""'-___ .e"!!.. ~ I , ~,n.1OH1 I I ..,~ 8~1 ~~! ~ ~ > ~l CfJ.1 Z, o ~ ~ ~ E-- ~ ~ ~ < ~~): ~.J -aI- L. Do. .~i!i~ l' z ...~~~ ~ Q i; ~_a: ~ ~ < ~ (i}~Elll~ ~ t'" g.:t~ ~ . O~ ~ in~ ~ l!I ~ I I I ! I I I L_____~--j I ; ~ I I L-_~ ! ------ ~ ~ ~ ~ L.___ HELMAN STREET Henderoon Jlaeh.etux TO \ COllnt)'ofjacbon, \ ,. .v-....... KIND OP INSTRUMENT I hereh)' <<rlffy thllt thc annued In!lrumcnt of . writing WII' t'C<<lvcd atId filed for record .t...............9.............. ...\1... D ... ................ ... ......( o'clock -.., A.. .. _M.. on the ---27..th '--__ day , CONSIDERATION or..... ...December ....................19...09. . R.. T. ..llur.nett..... ..................Rccordcr. ..O~OO . . 0)' .... ... ..........lHput)'. Chor.los..E...Engli.sh otux I , THIn n:nmnURE WlnrESSETJJ: That ",e, Henderson Hesh end Lottie Heah, RJsbend end ~ i "Oifc, of tho Ci ty of ^nhl.nd, County of' J'eckson end State of' Oregon,for .nd in cOn1lideration: flf the sum of "'on ($1:0.00) J.,ollars, a,nd otl1er good and valuable consideration to un paid, the receipt ",hereof i e hor~by acknowledged, havo bargei ned end sold, end by these presents do grent., blJrgai n, eell and co nvey unto CI1ATIJ..BS E. ENGlJ SH and llELLE HrIJ. ENGl.! SH,meband. and wife, and to the survivor, of' the City'of' ^ehlelld, County of Jackson 'Jnd StlltO of Oregon. the followin,:; deecri bed premi eee e1 tUllted in t.he Ci ty of Aehland, County of Jackeon and . StatE' of Oregon, to-1'I1t.:- .Beginning ot a pont for the llortheaet corner of the A. D. Holman Donation Lend Claim No. 40 in To"nsttp Thirty-nine (39) South of Jlel16e One (I) ll:eet of the Willsmette J.:eridian, OreRon: thonce Bast Two (2) chaina to a post on the Weet boundary line of' Donation Land Claim ~o. 41 in the aforeeaid TO'Plf1ettp and Renee: thonce llorth on eaid lino 9.18 chaine to e poet: thence \'Iut 2 chaine ;tltence South 9.18 chaine to' ~he plece oj) beg1nn~J(, .\ I I I Also beginning ot the Northee8t corner of seid Donation Lend C10im lfo. >40 end I running thp.noe North 17' East 9.30 chains; thence \'1est 25 l1nkAj thence Routh 17' West 2.95 ! I ch9in~: thence Gouth :390 Weot 2.63 chaine; thenceSouth:3O 24' Weet 4.31 chaine to the 110rth 1ng, cul1talnlni!. l.OZ acres, more or less. Excepting therefrom the right of "Toy end water right nowu..~~~ by L. W. Rogers on ",het is kn",on ss the GriB'll'old Plsce. . boundery line of said D. L. C. No. 40: thenco Eaet along odd line 2.14 cheins to the plsce of begi nni ng. Aleo beginning st s point North 17' Eut 9.18 choins from the Northeast corner of' Mid D. L. C. No. 40 lie sforeee1d; thance Esst 2 chsins to th~ Weet Une of D. L. C. No. 1 1 n ooi d Township end Range; thence North 1'1' Eeet 12 links to the South Une of Street; then ~ . i West 2 cd1oins: thence South 17' 'Vest 121inks to the place of beginning, containing 2/100 SCff's. Grantors eleo gronte permission to grentees to maintain e flume on line bet"een grontorn and grantees land and right to enter thereon for purpOBeD of repairing the BllIl1e, 'lI'ilh right to use a11surp1ue woter ",h1ch shall run through f18id flume for irrigating purpoeu. TO HAVE AND TO JDLD the esid prem1 ses wi th their eppurtensnces,unto the sdd Chorles E. English end Belle Hill Englieh, luebend end 1I'1fe, their heirs and eeeigne forever And ",c the sei d Henderson Hash end Lotti e Hash, luebend IInd 1I'1~e do hereby cOTensnt to end I'll th the l18i d Charlee E. lihgli sh end Belle Hill Engli Bh, msbend end "ife, their hoire end ,~., , essigns, that ",e ere the ownere in fee simple of Bei d. prem1 Bee , that they ere tree end cleer. of ali lawful i ncumbrencu, end that 'We 'Will 'W8rrent IInd defend the ssme from ell lswful', . .i~."..;. .f.. ~ "l .:&-....- ..i~~.; I,,; .~':.: I~'::~ .~ f.'t . ,v: 7 '. t f\ : ", '1. . '" iI..!":~: c1eims ",hllhoever, except Ie to the ",et e;r right eboTe msntioned. IN WIT~'ESS WHEREOF, 'll"e have hereunto eet our hende end seelo tll1. 30th dey ot " July, A. D. 1909. Exscuted end deli vered 1n the J. A. Hervey. ~ pruenee ot,.". '. ' .. hi, ",";, .',. H.n4'1"'o~ mlrkH~e~,' . ' " 'V__ ---- Return Document to: Barbara Christensen, City Recorder, 20 East Main, Ashland, OR 97520 $1.00 Not Applicable True and Aetual Consideration: Send Tax Statements to: QUITCLAIM DEED City of Ashland, Oregon, Grantor, releases and quitelaims to Richard Preskenis and Sharon Preskenis, all right, title and interest in and to the following described real property: The right of way, as it may affect Parcel 2 of partition plat P-70-2002 of the reeords of partition plats of Jackson County, Oregon, of unspecified width and loeation, and permission to maintain and repair a flume, as disclosed in Volume 76, page 81, Jaekson County Deed Records. THIS INSTRUMENT WILL NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY APPROVED USES AND TO DETERMINE ANY LIMITS ON LAWSUITS AGAINST FARMING OR FOREST PRACTICES AS DEFINED IN ORS 30.930. The true consideration for this conveyance is $1.00 plus other property or value is a part of the consideration. Dated this day of ,2003. Alan W. DeBoer, Mayor Barbara Christensen, City Recorder State of Oregon County of Jackson This instrument was acknowledged before me on , 2003, by Alan W. DeBoer, as Mayor of the City of Ashland, Oregon, and by Barbara Christensen as Recorder of the City of Ashland, Oregon. Notary Public for Oregon My Commission expires: QUITCLAIM DEED G:\IegaI\PAUL\REAL\deed - qc Preskenis.wpd CITY OF ASHLAND Council Communication Title: Dept: Date: Submitted By: Approved By: Authorization to Declare the Belt Press Equipment_( _Wastewater Treatment Plant Equipment Inventory) as Surplus and Offer for Sale Public Works and Finance Department May 20, 2003 Paula Brown, Le~/~uneberg ~ Gino Grimaldi /~ Synopsis: With the completion of the Centrifuge Building, the new centrifuge equipment makes the current Ashbrook belt press (for biosolids dewatering) obsolete and not useful for future City needs. This equipment is valued over $10,000 and as such, the Ashland Municipal Code section 2.52.070 requires "that disposal of personal property having a residual value of more than $10,000 shall be subject to City Council authorization." Staff has been using Carollo Engineers as our industry experts and has made several informal inquiries looking for an opportunity to sell the equipment. The City of Cottage Grove needs a belt press and is willing to purchase the City's used Ashbrook unit for our offering price of $75,000. Recommendation: It is recommended that the City Council declare the Ashbrook Belt Press as surplus and authorize its sale to the City of Cottage Grove for $75,000. Fiscal Impact: Selling the belt press, which has no current value or use at the plant, for $75,000 recovers nearly 85% of the current value, which is excellent on used equipment. The $75,000 can return to the wastewater treatment plant to offset costs of the original purchase. The City will receive a clean sale receiving the full $75,000 as all of the transportation costs and unloading charges will be bom by the City of Cottage Grove. Background: The Ashbrook Belt Press was purchased on October 27, 2000 as a lease option t.o_.buy for a total of $214,120~ which included a 10% down payment and monthly payments of $9,170 for 24 months. The equipment was purchased rather than using a long-term lease so that the City could potentially sell the equipment and recover a portion of the costs. The unit was paid in full in September 2002. The financed amount was charged at 13% interest but the total cost was less than we initially anticipated for a long term lease without the option to purchase. The principal cost of the equipment was $157,033. With an anticipated life of 8-10 years, 25% life expended the first year and straight-line depreciation for 8 years there after; the current "value" of the equipment is approximately $88,332. Selling the belt press for $75,000 recovers nearly 85% of the current value, which is excellent on used equipment. \\COMPAQ 1XDATA\USERS\TUNEBERL~Accounting & Audit\CC 20May03 Belt Press Surplus Sale.doc Page I of l CITY OF ASHLAND Council Communication TITLE: DEPT: DATE: SUBMITTED BY: APPROVED BY: Synopsis: Recommendation: Fiscal Impact: Background: A Resolution Adopting a New Fee Schedule for the City of Ashland Building Division Mechanical and Plumbing Inspection Programs and First Reading of an Ordinance Amending Sections 15.04.220, 15.16.240 and 15.20.040 ofthe Ashland Municipal Code to Provide that Fees for the Mechanical, Plumbing and Electrical Codes be set by Resolution of the City Council. Department of Community Development Building Division May 20, 2003 Mike Broomfield, Building Official ~ .~ John McLaughlin, Director ofCo1Il.fffi1IDty Developmen~ Gino Grimaldi, City Administrator )f5 The Building Division requests that mechanical and plumbing fees be increased based on the enclosed fee tables. This increase augments recent changes in local structural and electrical fees. The proposed changes for the mechanical program include a new table for medical gas plan review and a one-year contingency reserve. Fees for either program have never been raised and are the lowest in both Jackson and Josephine counties (see attached exhibit). Recent structural valuation table changes have not affected the mechanical or plumbing fees since these fees are not based on estimate or calculated values. Staff recommends that Council approve the attached resolution adopting a new fee schedule for the Mechanical and Plumbing Inspection Programs. Also, we recommend that the Council move the ordinance amending the municipal code regarding building fees to second reading. These changes will bring our fees in line with others in the region and ensure adequate funding for the Building program. The Building Division is supported by fees associated with permits and inspections. The direction from the City Council is for this division to be self-supporting through the collection of these fees. This increase will ensure that the Mechanical and Plumbing Programs are adequately supported by fees. The City of Ashland has provided mechanical and plumbing inspection programs as the Authority Having Jurisdiction since the inception of the building inspection program. During that period the mechanical program has been administered by the Building Official as an additional duty. A second mechanical inspector for one and two family dwellings was added to deal with volume in this sector of development. A full time plumbing inspector was employed in 1996. Fees for this program have not been increased since originally adopted. These increases will bring Ashland's fee schedule in line with others in the region. A meeting was held with local contractors on April 29, 2003 to discuss the increases. No comments in opposition to the increases were received. r., CITY Of ASHLAND March 20, 2003 Mr. Patrick Lewis, Program Administration Building Codes Division PO Box 14470 Salem, Oregon 97309-0404 Subject: Fee Increase Proposal in mechanical and plumbing inspection programs, City of Ashland Jurisdiction The City of Ashland Building Division proposes to adopt new mechanical and plumbing fees on June 25, 2003. The new fee increase is the fIrst increase in both mechanical and plumbing inspection fees in the history of the programs. Enclosed are the existing and new fee schedules for the mechanical and plumbing programs. While the City of Ashland provides inspections for both the Ashland Jurisdiction and the City of Talent, only the fees for the Ashland Jurisdiction are affected by the change. The City of Ashland has provided mechanical and plumbing inspection programs as the Authority Having Jurisdiction since inception of the structural program. During that period the mechanical program has been administered by the building official as an additional duty. A second mechanical inspector for one and two family dwellings was added to deal with volume in that sector of development. The jurisdiction employs a full time' A' level plumbing inspector who also has received one and two family mechanical certifIcation. Recent construction has concentrated in the other than one and two family dwellings (commercial and institutional) and has produced a defIcit for the program. Expense is allocated by percentage of time for multi-certifIed employees. A local municipal hearing will be held April 29, 2003 pursuant to ORS 294.160. Questions regarding the adoption process or the electrical program may be directed to Mike Broomfield, Building Official at 542 552- 2073. Sincerely, ~~~ Mike Broomfield Building OffIcial Building Department 20 E. Main Street Ashland, Oregon 97520 www.ashland.or.us Tel: 541-552-2073 Fax: 541-552-2059 TTY: 800-735-2900 ~4.' MECHANICAL PERMIT FEES - RESIDENTIAL f.. o~ ~ ~.<:!- ~ ~q ~Q ~~ !(o f..~ o~ oq ~~ o~ ~ (y~ ~~ q,<l? ~ V ~ V t= $56.55 $71.40 $110.50 $94.50 $42.00 $85.00 Bases: 3 Bedroom, 2 Bath Home Mechanical Equipment: Gas Furnace Gas Water Heater Gas Fireplace 2 Bath Fans 1 Kitchen Fan Gas line MECHANICAL PERMIT FEES - COML. ~ a-~ @> ~<-- ~ ~q, f ~~ !<.o ~~ ot::) e:," ~ 0'::> f<.,<J <y~ ~~ oq, c; ~ c; ~ q,~ $80.35 $100.10 $186.00 $146.00 $62.50 $152.75 Bases: Medical Office Bldg. 5413 Sq. Ft. 5-N Constuction Mechanical Equipment: Gas Furnace (3) Gas Water Heater (2) Air Condo Units (3) Fans (6) Gas line (5) conections RESOLUTION NO. 2003- A RESOLUTION ADOPTING A NEW FEE SCHEDULE FOR THE CITY OF ASHLAND BUILDING DIVISION MECHANICAL AND PLUMBING INSPECTION PROGRAMS. THE CITY OF ASHLAND RESOLVES AS FOLLOWS: SECTION 1. The Plumbing Program Fees, marked as Exhibit "A" and Exhibit "B", are adopted. SECTION 2. The Mechanical Program Fees, marked as Exhibit "C" and Exhibit "D", are adopted. SECTION 2. The new fee schedules shall become effective July 1, 2003. This resolution was read by title only in accordance with Ashland Municipal Code 2.04.090 and duly PASSED and ADOPTED this 20th day of May, 2003. Barbara Christensen, City Recorder SIGNED and APPROVED this day of , 2003. Alan DeBoer, Mayor Reviewed as to form: Paul Nolte, City Attorney EXHIBIT "A" Medical Gas System Value of Work Permit Fee $1.00 to $500 $50.00 $501 to $2,000.00 $5.00 for the first $500.00, plus $5.00 for each additional $100.00 or fraction thereof. $2,001.00 to $25,000.00 $125.00 for the frrst $2,000.00 plus $18.00 for each additional $1000.00 or fraction thereof. $25,001.00 to $50,000.00 $540.00 for the first $25,000.00, plus $14.00 for each additional $1,000 or fraction thereof. $50,001.00 to $100,000.00 $890.00 for the frrst $50,000.00 plus $9. For each additional $1,000.00 or fraction thereof. $1000,001 and up $1,340.00 for the first $100,000.00 plus $8.00 for each additional $1,000.00 or fraction thereof. Reinspection fees $50.00 Inspections for which no fee is Specifically indicated (minimum of one hour) $50.00 per hour PLUMBING PLAN REVIEW 25% of the Plumbing Permit Fee EXHIBIT "B" City of Ashland A pplication for Plumbing Permit Permit Information Type of work Street Address Tax Lot Infonnation Valuation Residential\Commercial Owner Information Name Mailing Address Contractor Information Phone Number Name Mailing Address Phone Number City Business Ucense CCB# Type of Plumbing Fixture Number Si,nk laVatory Tub & ShOwer " Sho\Wr'~" Separate Water CIosetIBidetlUrinal DishWasher , Ice, ~k~, DisPqSaI,",: " Dri~Fountain WasijngMachine : ~,:~"'~" '" ~ ," Water, Heater Aoor pral:~s Sewer -'fJrst~oo Feet S~ ~:~~8dditionaI100 Feet Wa~er.i~ce -first1<>!,' Feet Watei:Sei'Vice,'~:EaCh additional 100 Feet' ~ ,;' "'. ,,::>,,; '. .~:~"' ",:' I ~,.,.~, , , . s.~~!t!:!~~il(Orain .,First 1oo,fee~:: " S'ioilri'a";'"""", 'jr{Drain'-,E~ch additional1ooFeet,: ", r.'.!,t!~l,~,;~:"<<~~:?,:, Sews" ,ump'f>i:imps" :,' ":;::.,'::: ,', ,:,',~~:; ,"~,:~~~~' ':~<' ", ',.,: ",>'i>:, ',': Hose'Blbb;::::,~:,..: ,";::' : . ""I' . '}";~'~::"~"':""~", ":~l:'~ "~'::::~,:,'" .,.,:,' ,:,,:: :", \ S~~l,~as~e',~':In~on ,':" ,,'.' Pluni~!rjj 'Inspection Not Usted AbOve ' ..~fg'~;,,'~"y', ':" ,', ' :Total SDCFlxtures Pennit~4.bto~I,i: ,',,".: ' Miriimuni'PlumblnQ::PermitiFee SU~~#~Cl,'1 Plumbir:-gPermitFee .. )/...:,(.... ''''',:. '.". " .. 7%'State'Surcharge ';,> Plan Review 'Fee 30% x Subtotal TOTAL ,'" q, " "> " I certify that all plumbing work will be done in accordance with applicable provisions of the Ordinances of the City of Ashland and that no help will be employed unless required by City or State Code Requirements Signature of Applicant: o SFR residential I Fee 15.00 15.00 15.00 15.00 15.00 15.00 15.00 15.00 15.00 15.00 15.00 15.00 40.00 22.00 40.00 22.00 40.00 22.00 j~:oo ":15;00 :!:<~~:oo "15.00 15.00 .,,, ,15.00 15.00 15.00 $ $ $ $ $ $ Permit Issued By Date of Issue Receipt Number Total SDe Fixtures $0.00 $0.00 $0.00 $0,00 $0.00 $0.00 $0.00 $0,00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 '40.00 , >'40.00 '2.80 42.80 Permit Information City of Ashland Commercial Application for Mechanical Permit I I Type of work Street Address Tax Lot Information Valuation Residential\Commercial EXHIBIT "e" Owner Information Name Mailing Address Phone Number Contractor Information Name Mailing Address Phone Number City Business License CCB# TVDe of Mechanical Eaulpment Number Fee Total Central Warm Air Fumace to 100,000 BT UIh 12.00 $ - Central Warm Air Fumace over 100,000 BT UIh 15.00 $ - Repair, Alteration or replacement of htg, cool or ref. Sy steml ducts 15.00 $ - Suspended or w all heater wI vent 12.00 $ - Heat Pump W lAir Handler to 3 T on Compressor 15.00 $ - Heat Pump Over 3 Ton 25.00 $ - Economizer 10.00 $ - H. W. HeatinglBoiler W IPumps, venting - Gas\Oil\Elec 15.00 $ - Gas Water Heater Venting 10.00 $ - Air Handlers and VAV over 10,000 cfm 10.00 $ - Air Handlers and VAV over 10,000 cfm 15.00 $ - Air Cond. Compressor and absorption sy s.up to 3 hp./100k btu/h 15.00 $ - Air Cond. Compressor and absorption sy s. over 3 hp./100K btu/h 25.00 $ - Air Cond. Compressor and absorptiol'! sy s. over 15 hp./500K btu/h 35.00 $ - Air Cond. Compressor and absorption sy s. over 3Ohp./1 oooK btu/h 45.00 $ - Air Cond. Compressor and absorption sy s. over 5Ohp./175OK btu/h 60.00 $ - Exhaust Systems: Bath - Kitchen - Dry er 7.50 $ - Exhaust Systems: Com!. Hoods, Type I & II 15.00 $ - Fire I Smoke Dampers: each 10.00 $ - Gas Piping System (Up to 4 Outlets) 6.00 $ - Gas Piping System (Over 4 Outlets) 0.75 $ - Hydronic piping 12.00 $ Radiant Heat: Gas 12.00 $ - Wood Stoves I Gas: Insert - Free Standing - Pellet 15.00 $ - VenUaton System for Parking Garage 12.00 $ - Plan Review Fee 25% of Mech. Permit Other 10.00 Issuance of Permit 15.00 Permit Subtotal Minimum Mechanical Permit Fee 35~00 I I~ Subtotal Mechanical Permit Fee $ 35.00 7% State Surcharge . $ 2.45 Plan Review Fee 25% TOTAL $ 37.70 Inspections outside of normal business hours (Min. 2hrs) $50.00 I hr. Reinsoection Fee $50.00 lea Insoections for which no fee is indicated (Min. 1hr.) $50.00 I hr. Add'l olan review reauired bv chanaes or revisions to approved plans. $50.00 I Min I certify that all mechanical work will be done in accordance Permit Issued By with applicable provisions of the Ordinances of the City of Date of Issue Ashland and that no help w ill be employed unless required by Receipt Number City or State Code Requirements Signature of Applicant: EXHIBIT "0" City of Ashland Residential Application for Mechanical Permit ype 0 wo Street Address Tax Lot Information Valuation Residential\Commercial ame Mailing Address Phone Number Contractor InTOrmatlon Name I I Mailing Address Phone Number City Business License CCB# Type of Mechanical Equipment Number Fee Total Central Warm Air Furnace to 100,000 BTU/h 12.00 $ - Central Warm Air Furnace over 100,000 BTU/h 15.00 $ - Heat Pump W/Air Handler to 3 Ton Compressor 15.00 $ - Heat Pump Over 3 Ton 25.00 $ - Economizer 10.00 $ - Repair I A1t./Addn. Of Exist, Htg.lCooling Unit, ducts 12.00 $ - H.W. HeatingIBoiler WlPumps,venting - Gas\Oil\Elec 15.00 $ - Gas Water Heater Venting 10.00 $ - Separate Air Handler to 10,000 CFM Supply Fans 10.00 $ - Air Concl. Compressor up to 3 H.P. 15.00 $ - Air Cond. Compressor over 3 H.P. 25.00 $ - Gas Piping System (Up to 4 Outlets) 6.00 $ - Gas Piping System (Over 4 Outlets) 0.75 $ - Exhaust Systems: Bath - Kitchen - Dryer 7.50 $ Kitchen Range Hood 10.00 $ - Wood Stoves I Gas: Insert - Free Standing - Pellet 15.00 $ - Hydronic piping 12.00 $ - Other 10.00 $ - Issuance of Permit 15.00 $ - 35~00 I 35.00 2.45 Permit Subtotal Minimum Mechanical Permit Fee I~ $ $ $ 37.45 $50.00 I hr. $50.00 I ea. $50.00 I hr. $50.00 I hr. I certify that all mechanical work will be done in accordance Permit Issued By with applicable provisions of the Ordinances of the City of Date of Issue Ashland and that no help will be employed unless required by Receipt Number City or State Code Requirements Signature of Applicant: ORDINANCE NO. AN ORDINANCE AMENDING SECTIONS 15.04.220, 15.16.240 AND 15.20.040 OF THE ASHLAND MUNICIPAL CODE TO PROVIDE THAT FEES FOR THE MECHANICAL, PLUMBING AND ELECTRICAL CODES BE SET BY RESOLUTION OF THE CITY COUNCIL THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: Annotated to show deletions and additions to the code seetions being modified. Deletions are lined through and additions are underlined. SECTION 1. Seetion 15.04.220 of the Ashland Munieipal Code is amended to read: SECTION 15.04.220. Mechanical Specialty Code Fee. For application in this city, Section 304 of the mechanical specialty code is hereby adopted os the fee sohedule applicable in this city deleted. The fee schedule for mechanical specialty code fees shall be established by resolution of the city council . SECTION 2. Seetion 15.16.240 of the Ashland Municipal Code is amended to read: SECTION 15.16.240. Permits--Fees. For application in this city, the plumbing specialty code fees promulgated by the Director of the Deportment of Commerce, State of Oregon, to be effective July 30, 1076, is hereby adopted os the fee schedule applicable in this City shall be established by resolution of the eity council. SECTION 3. Section 15.20.040 of the Ashland Municipal Code is amended to read: SECTION 15.20.040. Fee Sehedule. The fee schedule for electrical permits as established in OAR 018 260 032 is adopted shall be established by resolution of the eity council as the fee schedule for the City in the administration of the electrical code. The foregoing ordinanee was first READ on the day of , 2003, and duly PASSED and ADOPTED this _day of ,2003. Barbara Christensen, City Reeorder SIGNED and APPROVED this _ day of ,2003. Alan W. DeBoer, Mayor 1- Ordinance H:\Council\building code fees ord.doc CITY OF ASHLAND Council Communication Title: Dept: Date: Adoption of a Resolution Authorizing and Ordering the Formation of a Local Improvement District for the Tolman Creek Road Construction Improvements Public Works Department May 20, 2003 Paula Brown f~ Paul Nolte rra _ Gino Grimaldi ~ Submitted By: Reviewed By: Approved By: Synopsis: F or the past several months, staff and our consulting design engineer have been working with the Tolman Creek Road neighbors to complete design for the installation of sidewalks, parkrows, parking bays, bicycle lanes, pedestrian safety improvements to intersections and traffic diverterishlnds, drainage and associated improvements to Tolman Creek Road between Siskiyou Boulevard and the railroad tracks. This project has been many years in the making and will greatly improve pedestrian, bicycle and vehicle safety along Tolman Creek Road thereby improving the pedestrian use to BeHview School. District boundaries include lots fronting on or accessing Tolman Creek Road between: Siskiyou Boulevard and the railroad tracks including lots within subdivisions bounded to the west by Jacqueline Street and to the east by Hamilton Creek as depicted on the map attached as Exhibit A. Specific assessments have been estimated for each of the included lots and are shown on Exhibit B. Each equivalent dwelling unit or potential equivalent dwelling unit will pay $1,162.20, which can be Bancrofted over a 1 O-year period. Staff is recommending that this LID be formed by Council initiative in accordance with Ashland Municipal Code (AMC) Section 13.20.020 as construction improvements to Tolman Creek Road are a priority in the City's Transportation System Plan and has been a priority of the City Council. AMC 13.20 is reprinted in total at the end of this Council Communication. On May 6, 2003, Council held a public hearing regarding concerns with the intention to form the local improvement district for the construction improvements. Five individuals spoke during the public hearing; tow in favor of the improvements, one recommending some changes to the improvements (neither in favor or opposed) and two opposed to the LID. The two individuals that spoke in opposition stated that they saw no need for the proposed improvements and that neighbors were being "forced" to pay for something they did not want. AMC Section 13.20.050 states that "If at the hearing, the owners of two-thirds ofthe property to be specially assessed for the improvement, or the owners of property which will be assessed for two-thirds or more of the proposed assessment, deliver to the council a remonstrance to the improvement, then action on the improvement shall be suspended for a period of six months. Action on sidewalks or on \\COMP AQ 1 \DATA \GOV\pub-wrks\admin\PB Council\LIDs\CC Tolman 20May LID Fonnation w Reso.doc Page 1 of 12 r6' improvements unanimously declared by the council to be needed at once because of an emergency shall not be subject to suspension by a remonstrance of the owners of the property to be specially assessed." As required in AMC 13.20.040, the lien notice contained a statement that if two-thirds of the property owners to be benefitted object to the improvement, the improvement will be suspended for six months. Although the Council closed the formal public hearing, as there were conflicting dates for the actual formation of the LID, Council offered an additional two weeks of written comments and suggested that the adversely affected neighbors send written comments to the City prior to th~_~ay 20th meeting. At the time this item is being submitted (May 14,2003) staffhas received one written comment in support of the LID, none against. Recommendation: Staff recommends that Council adopt the attached resolution authorizing and ordering the formation of a Local Improvement District for the Tolman Creek Road Construction Improvements. Fiscal Impact: Each equivalent dwelling unit or potential equivalent dwelling unit will pay $1,162.20, which can be paid in full or Bancrofted over a 1 O-year period. The total project estimate is $638,985.00. Under resolution 99-09 the City is obligated to pay a majority of sidewalk, storm drain and engineering costs. The following is a breakdown of the City's obligation under this recommendation: Total Construction Cost Engineering and Administration Total Project Costs $552,485.00 86,500.00 $638,985.00 r : ~ Credit - Jackson County Credit - Clay Creek Gardens pre-paid 68,820.00 64.175.00 $132,995.00 City Participation in LID per resolution 99-09 Sidewalks (60% of $109,897) Storm Drain (75% of $94,800) Paving (20% of $347,788) Engineering (50% of $66,500) 65,938.00 71,100.00 69,558.00 33,250.00 Total Credits $239.846.00 $372,841.00 Remaining Assessment Participation Number of equivalent dwelling units Cost per equivalent dwelling unit $266,144.00 229 $1,162.20 Background: Initial discussions for improvements to "Middle" Tolman Creek Road began in 1993. Planning staff developed a Tolman Creek Neighborhood Plan for development improvements along that section in 1999. At that time costs for the construction improvements were very high and there was limited City participation in the LID process. Since then, Council passed Resolution 99-09, which requires approximately 40% City funding participation in each LID and provided a cap on the amount of residential participation. The current cap on LIDs is $4,120 per lot. As development has occurred, there \\COMPAQ1\DATA\GOV\pub-wrks\admin\PB Council\LIDs\CC Tolman 20May LID Formation w Reso.doc Page 2 of 12 r., have been some improvements to Tolman Creek Road, but the overall need for drainage and pedestrian safety improvements remained a priority of the City Council. Two neighborhood meetings were held at the Bellview Grange in October and December 2002 to finalize the details ofthe construction improvements project. There are approximately 180 separate ownerships within the proposed LID boundary comprising 229 equivalent dwelling units. The average attendance at the neighborhood meetings was approximately 40-50 people at each meeting. Initial concern was cost and the ability to include all of the desired elements of the project, including sidewalks, bicycle lanes, on-street parking, parkrows, pedestrian safety and traffic calming options, and ensuring that existing trees stayed. Staff recommended inclusion of sidewalks and bike lanes on both sides of the street. Thornton Engineering was hired to complete the final design and has made accommodations for sidewalks on both sides, bike lanes on both sides, a number of parking bays to accommodate on-street parking, significant amounts of parkrows, intersection improvements for pedestrian safety, pedestrian lighting, traffic diverter islands that can be planted, drainage and other improvements. The right of way accommodates these improvements, and by allowing the sidewalk to alternate from back of curb to parkrows ensures the majority of the existing trees will remain in place. Staff has advised the property owners within the proposed LID boundary of this public hearing and has had several inquiries, but no opposition to the improvements or the formation of the LID. There are 180 different parcels within the boundary totaling 229 units. Each property owner will pay for one full "unit" (equivalent dwelling unit) with the exception of the 14 units with the Hamilton Creek subdivision that will be assessed for 0.5 unit as they have paid for full improvements within their subdivision. There are eight property owners that are assessed multiple units based upon current zoning and the ability to develop in the future with multiple units. There are two significantly large lots within the LID; one owned by the State of Oregon and currently in operation as ODOT's Ashland area maintenance yard and the other large lot is owned by Ashland School District at the Bellview School site. The number of, equivalent dwelling units at the ODOT site was determined by the. future developable lots; whereas the school site was determined based on the trip generation rates of the elementary school and equated to potential units through a conversion to equivalent dwelling units based on an estimate of 10 trips per single family home. The 25 properties within the Clay Creek Gardens are included within the LID but are shown as zero assessment as they had been assessed during that subdivision development and have already paid into the LID. Although staff has worked with the neighbors and has received general consensus for the formation of the LID, actual signed petitions in favor of the LID have not been collected by staff. Staff and the majority of the neighbors are pleased with Thornton Engineering's design. Thornton is recommending some changes to the comer of Tolman and Siskiyou and once those are finished, the design will be complete. Design details and construction specifications will then be finalized and staff hopes to have the project out for construction bids at the end of May. Construction will begin in late June or early July and should be completed in October. \\COMP AQ 1 \DATA \GOV\pub-wrks\admin\PB Counci1\LlDs\CC Tolman 20May LID Formation w Reso.doc Page 3 of 12 r., I = .~: T ~I., ~ 1. ~lSl~'~ '" ~~ ) _-lI!lr~T~i:~ l ~ ~~ttREtk~~l' 1) ~ ---"~9~ E '14:A' ~f"'i:' ill~10~ - I':'-";~';'~- -I ~1'17 1808~7~ & ~ ~_ ~S221f2~ f818 ~ 2000 .- J" ~~K:~1~i\:'~~:::::Ill2OO2 - ,2003.. r . I~tob 18p418051 .....1 n~ -=wi; J I 11i-"j 113'-J-J. .!! 2100 ~ · 1 01 . 'liII!l, . ~921 ., .. . 1'4936 ~[32 1!:'l~~30 ~I}'~ ~92'~ r:ol ,. ~.. :=I~ ~~~9m2! ~, "90~~ · ,.....r= cl:. U - ~802 ''''49301 c>::. .906 'lI ~ .805fJJ . 4S18jiiiiiiil UJ 11..14803 . ~ ar"~il~~ ~~ I ~915 ~~JZZl:Y ~ . --U ~ 1\. ~ !i'8'1'.c tl'13 ml.gIJ 1 .. ;to'(~' - .....,;, :--r~ _ ....... 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Exhibit A \\COMPAQ1\DATA\GOV\pub-wrks\admin\PB Council\LIDs\CC Tolman 20May LID Fonnation w Reso.doc Page 4 of 12 t'.l' 13.20 Local Improvements and Special Assessments (Ashland Municipal Code (AMC) reprinted in total) 13.20.010 Definitions The following words and phrases whenever used in this chapter shall be construed as defmed in this section unless from the context a different meaning is intended. A. "Improvement resolution" means that resolution adopted by the council declaring its intention to make a local improvement. B. "Local Improvement" has the meaning given under ORS 223.001. C. "Local Improvement District" means the property that is to be assessed for all or any portion of the cost of a local improvement and the property on which the local improvement is located. D. "Lot" means a lot, block or parcel of land. E. "Owner" means the owner of the title to real property or the contract purchaser of real property of record as shown on the last available complete assessment role in the office of the County Assessor. 13.20.020 Initiation of Local Improvements Whenever the council in its discretion deems it necessary to make any local improvement to be paid for in whole or in part by special assessment, the council may declare its intention to make the local improvem~ntby adopting an improvement resolution. The proposed local improvement may be initiated by either of the following methods: A. By the council, at its own initiative; or B. By written petition requesting the local improvement signed by the owners of property that would benefit specially from the local improvement and that would have at least 50% of the anticipated assessment as estimated by the city engineer. Whenever all of the owners of any property to be benefitted and assessed for any local improvement have signed a petition directed and presented to the council requesting such local improvement, the council may initiate and construct such local improvement without publishing or mailing notice to the owners of the affected property and without holding a public hearing regarding the proposed local improvement. (Ord 2731, 1994; amended Ord 2755, 1995) 13.20.030 Content of Improvement Resolution A. Mandatory Provisions. The improvement resolution shall contain the following: 1. A description of the improvement; 2. A description or map of the boundaries of the local improvement district to be assessed; 3. A declaration of the council's intention to undertake the improvement; 4. Provision for a date, time and place for a hearing regarding the improvement; and 5. A direction that notice be given of the improvement and of the public hearing. 6. The amount of the estimated cost of the improvement made by the city engineer and a proposed allocation of the cost of the improvement among the owners of the property to be specially benefitted; B. Optional Provisions. The improvement resolution may include the following: 1. A determination whether the property benefitted shall bear all or any portion of the cost of the local improvement, based upon the estimated cost; 2. Alternative proposals relating to the local improvement, but only if each alternative contains all of the information required to be contained in the resolution if that alternative proposal were the only proposal put forward; and 3. Any other information that the council deems relevant to the improvement. 13.20.040 Notice of Hearing Regarding Improvement Resolution A. Notice. Notice of the hearing regarding the improvement resolution shall be given at least 30 days prior to the scheduled \\COMPAQl\DATA\GOV\pub-wrks\admin\PB Council\LIDs\CC Tolman 20May LID Formation w Reso.doc Page 5 of 12 r.l' date of the hearing. B. Method of Delivering Notice. Notice shall be made by publication in a newspaper of general circulation within the city and by mailing copies of the notice by fIrst class mail to the owners of lots affected by the improvement. C. Content of Notice. 1. The notice shall contain: a. A general description of the proposed improvement; b. A description or map of the local improvement district to be created; c. A description of the property to be specifIcally benefItted by the improvement; and d. The date, time and place of the hearing when the council will hear and consider objections or responses to the improvement. e. A statement that if two-thirds of the property owners to be benefItted object to the improvement, the improvement will be suspended for six months. f. A clear explanation on how and where property owners may object to the improvement. g. The amount of the estimated assessment proposed on each particular property. h. Any other infonnation the council may direct to be included. D. Effect of Failure of Notice. Any mistake, error, omission or failure with respect to a good faith mailing of any notice shall not be jurisdictional or invalidate the improvement proceedings. 13.20.050 Hearing on Improvement Resolution A. Testimony Considered. At the hearing regarding the improvement resolution, the council shall hear and consider testimony, both oral and written, on the improvement. B. Approval in Discretion of Council. The council may implement the improvement resolution and undertake completion of the improvement only if, in its sole discretion, the improvement is in the best interest of the city. The council's discretion shall not be limited by the fact that a majority of the benefItted property owners have requested or indicated their support for the improvement. ' C. Effect of Remonstrance. If at the hearing, the owners of two-thirds of the property to be specially assessed for the improvement, or the owners of property which will be assessed for two-thirds or more of the proposed assessment, deliver to the council a remonstrance to the improvement, then action on the improvement shall be suspended for a period of six months. Action on sidewalks or on improvements unanimously declared by the council to be needed at once because of an emergency shall not be subject to suspension by a remonstrance of the owners of the property to be specially assessed. Notwithstanding any document or agreement obligating an owner, or the owner's successor in interest, to be favor of improvements or in favor of a local improvement district, or any document of agreement waiving an owner's or successor's right to remonstrate against improvements of a local improvement district, such owner or successor may remonstrate and such remonstration shall qualify as a remonstrance under this section. (Ord 2837 S 1, 1999) D. ModifIcations. At the hearing, the council may direct any modifIcation of the improvement that it deems appropriate. If the council modifIes the scope of the improvement such that the local improvement district would be enlarged, or, if estimated assessments have been made by the time of the hearing, the assessment is likely to be increased by more than ten percent upon one or more lots, then a new improvement resolution shall be adopted by the council, and new notices mailed to all of the owners of properties within the local improvement district. No new publication regarding the amended improvement need be made.(Ord 2731, 1994) E. Creation of Local Improvement District. If the improvement is approved by the council, the council shall by resolution create the local improvement district to be served by the improvement. F. Detennination of Allocation. The council shall detennine whether the property benefItted shall bear all or a portion of the cost. The council shall then direct the city recorder to prepare the estimated assessment to the respective lots within the local improvement district and me it in the lien records of the city. The council shall then hear any objections that have been fIled with the recorder concerning the amount of the assessments, and may adopt, correct, modify or revise the estimated assessments. \\COMPAQ1\DATA\GOV\pub-wrks\admin\PB Council\LIDs\CC Tolman 20May LID Fonnation w Reso.doc Page 6 of 12 r., 13.20.060 Method of Assessment A. Procedure for Assessment. When the estimated cost of an authorized local improvement has been ascertained on the basis of the award of a contract or the departmental cost of the city or other governmental agency to undertake the improvement, the city recorder, or such other person as the council may direct, shall prepare the proposed assessments to the respective lots within the local improvement district, shall file them in the office of the city recorder, and shall submit the proposed assessments to the council. The submission may be in the form of a proposed resolutIon. B. Determination of Assessment. The council shall determine the amount of the estimated assessment to be charged against each lot within the local improvement district according to the special and peculiar benefits accruing to the lot from the improvement, and shall spread the estimated assessments accordingly. If the estimated cost, as ascertained under the preceding paragraph, is more than ten percent above any estimated total assessment for the project the council may vote to discontinue the project or to fmd other sources of funds so that the actual assessment does not exceed the estimated assessment by more than ten percent. In determining and spreading the assessment, the council may use any just and reasonable method consistent with the benefits derived by the various affected lots. If any actual assessment to be levied on an individual lot exceeds the original estimated assessment by more than ten percent, the council shall review such increase at the public hearing described in section 13.20.060.E. (Ord 2731, 1994) C. Adoption of Proposed Assessment. Upon receiving the proposed assessment, the council shall, after making any modifications, adopt a resolution directing that notice of the proposed assessments be mailed or personally delivered to the owners of the lots to be assessed. The notice shall contain the following information: 1. The name of the owner, a description of the property to be assessed, and the amount to be assessed against the property. 2. A date and time by which written objections to the proposed assessment, stating specifically the grounds for objection, must be received, and the date, place and time of a hearing at which the council will consider any objections. 3. A statement that the assessment will be levied by the council after the hearing, will be charged against the property, and will be immediately payable in full or in installments (if applicable) following the levy. D. Supplementary Notice. Supplementary notice of the proposed assessment and of the hearing:scheduled to consider the proposed assessment in form and content to be determined by the city recorder may also be published or posted by the city recorder. E. Hearing Regarding Proposed Assessments. The council shall hold a public hearing on the date and time set in the notice to consider those objections filed in writing with respect to the proposed assessments. The council may adopt, correct, modify or revise the proposed assessments and shall determine 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 it from the improvements, and shall by resolution levy and spread the assessments and cause that notice of the assessments be delivered to all of the owners of property within the local improvement district. 13.20.070 Notice of Assessment A. Within ten days after the effective date of the resolution levying the assessments, the city recorder shall send by first class mail to the owner of the assessed property, a notice of assessment. The notice shall contain the following information: 1. The date of the resolution levying the assessment, the name of the owner of the property assessed, the amount of the assessment, and a description of the property assessed; 2. A statement that the owner may file an application to pay the assessment in installments, as provided in this chapter; and 3. A statement that the entire amount of the assessment, less any part for which application to pay in installments is made, is due within 20 days of the date of the letter and, if unpaid on that date, will accrue interest and subject the property to foreclosure. B. Supplementary notices of assessment, in form and content to be determined by the city recorder, may also be published or posted by the city recorder. C. Failure to receive any notice of assessment shall not invalidate the proceedings nor affect the validity of the assessment. \\COMPAQl\DATA\GOV\pub-wrks\admin\PB Council\LIDs\CC Tolman 20May LID Fonnation w Reso.doc Page 7 of 12 rA' 13.20.080 Address To Which Notices Should Be Sent If a notice is required to be sent to the owner of a lot pursuant to this chapter, the notice shall be addressed to the owner or the owner's agent, as such address is recorded in the county tax roll. If the address of the owner or of the owner's agent is unknown to the recorder, the recorder shall mail the notice addressed to the owner or the owner's agent at the address where the property is located. Any mistake, error, omission or failure in respect to a good faith mailing shall not be jurisdictional or invalidate the assessment proceeding, but there shall be no foreclosure or legal action to collect until notice has been given by personal service upon the property owner, or, if personal service cannot be had, then by publication once a week for two consecutive weeks in a newspaper of general circulation within the city. 13.20.090 Deficit Assessments or Refunds Ifthe initial assessment has been made on the basis of estimated cost, and, upon completion ofthe work, the cost is found to be greater than the estimated cost, the council may make a deficit assessment for the additional cost, provided, however, the council may not make a deficit assessment for more than ten percent of the initial assessment. Proposed assessments upon the respective lots within the special improvement district for a proportionate share of the deficit shall be made, notices shall be sent, opportunity for objections shall be given, any objections shall be considered, and a determination of the assessment against each particular lot, block, or parcel of land shall be made in the same manner as in the case of the initial assessment, and the deficit assessment shall be spread by resolution. 13.20.100 Rebates and Credits If assessments have been made on the basis of estimated cost and upon completion of the improvement project the cost is found to be less than the estimated cost, the council shall ascertain and declare the same by resolution, and when so declared, the excess amounts shall be entered on the city lien record as a credit upon the appropriate assessment. Thereafter, the person who paid the original assessment, or that person's legal representative or successor, shall be entitled to repayment of the excess amount. If the property owner has filed an application to pay the assessment by installment, the owner shall be entitled to such refund only when such installments, together with interest thereon, are fully paid. If the property owner has neither paid such assessment nor filed an application to pay in installments, the amount of the. refund shall be deducted from such assessment, and the remainder shall remain a lien on the property until legally satisfied. 13.20.110 Description of Real Property; Effect of Error In Name of Owner In levying, collecting and enforcing local assessments for local improvements, the following shall apply: A. Real property may be described by giving the subdivision according to the United States survey when coincident with the boundaries of the property, or by lots, blocks and addition or subdivision names, or by metes and bounds or reference to the volume and page or document number of any public record of Jackson County where the description may be found, or by designation of tax lot number referring to a record kept by the Assessor of descriptions of real property of Jackson County, which record shall constitute a public record, or in any other manner as to cause the description to be capable of being made certain. Initial letters, abbreviations, figures, fractions and exponents, to designate the township, range, section or part of a section, where the number of any lot or block or part, or any distance, course, bearing or direction, may be implied in any description of real property. B. If the owner of any land is unknown, the land may be assessed to "unknown owner," or "unknown owners." If the property is correctly described, no fmal assessment shall be invalidated by a mistake in the name of the owner of the real property assessed or by the omission of the name of the owner or the entry of a name other than that of the true owner. Where the name of the true owner, or the owner of record, of a partial of real property is given, the fmal assessment shall not be held invalid on account of any error or irregularity in the description if the description would be sufficient in a deed of conveyance from the owner, or such that, in a suit to enforce a contract to convey, employing such description a court of equity would hold it to be good and sufficient. C. Any description of real property that conforms substantially to the requirements of this section shall be a sufficient description in all proceedings of assessment relating or leading to a fmal assessment for a local improvement, foreclosure \\COMPAQ1\DATA\GOV\pub-wrks\admin\PB Council\LIDs\CC Tolman 20May LID Formation w Reso.doc Page 8 of 12 ~.l' and sale of delinquent assessments, and in any other proceeding related to or connected with levying, collecting and enforcing fmal assessment for special benefits to the property. 13.20.120 Lien Records and Foreclosure Proceedings A. Assessment Liens. After adoption of the assessment resolution by the council, the city recorder shall enter in the city lien record and adopt a statement of the amount assessed upon each particular lot, parcel of land or portion, together with a description of the improvement, the name of the owners, and the date of the assessment resolution. The amounts entered in the lien record shall become a lien and charge upon the respective lots, parcels of land or portions that have been assessed for such improvement. All assessment liens of the city shall be superior and prior to all other interests, liens and encumbrances on the assessed property insofar as the laws of the State of Oregon permit. B. Interest. Interest shall be charged until paid on all amounts assessed but not paid within 20 days from the date of the notice of assessment, at a rate to be determined by the council. C. Foreclosure. After expiration of20 days from the date of the notice of assessment, the city may proceed to foreclose or enforce collection of the assessment liens in the manner provided by the general law in the State of Oregon for the collection of such liens. The city may, at its option, bid the amount of its lien for the property being offered at any foreclosure sale. 13.20.130 Errors in Assessment Calculations Persons claiming errors in the calculation of assessments shall bring the alleged errors to the attention of the city recorder. The city recorder shall determine whether there has been an error in fact. If the city recorder fmds that there has been an error in fact, the city recorder shall recommend to the council an amendment to the assessment resolution to correct the error. Upon adoption of the correcting resolution, the city recorder shall cause the correction to be made in the city lien record and shall cause a corrected notice of assessment to be sent by first class mail to the owners of all affected properties. 13.20.140 Installment Payments of Assessments The Bancroft Bonding Act (ORS 223.205 to 223.295) shall apply to assessments levied in accordance with this chapter, subject to the provisions of this chapter. Unless otherwise provided in a particular assessment resolution, the owner of any property assessed for a local improvement in a sum of$100 or more may, at any time within 20 days after the date of the assessment notice (or within such lesser time, not to be less than ten days, as the council may from time to time establish), file with the city recorder a written application to pay the whole of the assessment, or, if any part of the assessment has been paid, the unpaid balance of the assessment, in 20 semi-annual installments, together with interest thereon at a rate to be determined by the council, and an amount, to be determined by the council, sufficient to pay a proportionate part of administering the bond assessment program and issuing the bonds. In addition, each application shall state that the applicant waives all irregularities, jurisdictional or otherwise, in the proceedings to cause the local improvement for which the fmal assessment is levied and in the apportionment of the actual cost of the local improvement, and shall contain a description, by lots and blocks, or other convenient method, of the property of the applicant assessed for the improvement. 13.20.145 Deferral of Assessment Payments An owner may elect to defer payment of the amount of special assessment for a local improvement assessed on potential units pursuant to this chapter. The election shall be made by filing a claim for deferral with the city recorder. The effect of filing the claim shall be to defer payment of the amount of special assessment for local improvement on potential units. Potential units are those lots identified as such in the resolution fIXing the fmal assessments for a local improvement district. Potential units are determined by using the potential unit method which establishes the maximum number of potential units on properties within a proposed local improvement district by taking into consideration the zoning, densities, topography, transportation, utilities and such other factors as necessary to evaluate the development potential of the properties. The claim for deferral shall be effective for the calendar year for which it is filed and for each subsequent year until the occurrence of one or more of the events described in this section. A. In order to qualify for deferral of payment of special assessment for local improvement amounts under this section, the owner must meet the following requirements at the time the claim for deferral is filed and thereafter so long as payment of \\COMPAQ1\DATA\GOV\pub-wrks\admin\PB Council\LIDs\CC Tolman 20May LID Fonnation w Reso.doc Page 9 of 12 ~., the amount of special assessment for local improvement is deferred: I. The owner filing the claim must own the fee simple estate or be purchasing the fee simple estate under a recorded instrument of sale. 2. The property with respect to which the claim is filed must have an assessment levied upon it for potential units. The deferment will only apply to the potential units, not lots or parcels which exist as of the date fmal assessments are imposed. B. A claim for deferral under this section shall be in writing on a form prescribed by the city recorder and shall: I. Describe the lot or parcel upon which the potential units exist. 2. Recite facts establishing the eligibility for the deferral under the provisions of this section. 3. Be verified by a written declaration of the applicant making the claim to the effect that the statements contained in the claim are true. 4. Be filed within 30 days after notice of the assessment is received. C. The city recorder shall show by an entry in the assessment lien record which property specially assessed is accorded deferral under this section. D. Interest shall accrue on the amount of the deferred special assessment for local improvement at the rate established in the resolution imposing fmal assessments. E. The liens for deferred special assessment for local improvement shall have the same priority as special assessment liens against real property. F. All deferred special assessments for local improvement, including accrued interest, become payable when: I. The property with respect to which deferral of collection of special assessment for local improvement is claimed is sold, or a contract to sell is entered into, or some person, other than the owner who claimed the deferral or other than a surviving spouse of such owner who elects to continue the deferral, becomes the owner of the property. The surviving spouse may elect to continue the property in its deferred status if the election is filed in the same manner as a claim for deferral is filed under section 13.20.145.B within six months of the death of the spouse who claimed the deferral. Thereupon, the property with respect to which the deferral is claimed shall continue to be subject to special assessment deferral. 2. When any sale, contract to sell or any other transfer occurs and a surviving spouse does not elect to continue the deferral, the amounts of deferred special assessment for local improvement, including accrued interest, shall be due and payable on the sale or transfer of the property. 3. If the amounts falling due as provided in this section are not paid on the indicated due date, the amounts shall be deemed delinquent as of that date and the property shall become subject to foreclosure. (Ord 283782, Added, 02/16/l999) 13.20.150 Abandonment of Proceedings The council shall have full power and authority to abandon and rescind proceedings for local improvements made under this chapter at any time prior to the fmal completion of such improvement. If liens have been assessed upon any property under such procedure, they shall be canceled, and any payments made on such assessments shall be refunded to the persons paying the same, their assigns or successors. 13.20.160 Manner of Doing Work Local improvements may be made in whole or in part by the city, by another governmental agency, by contract, or by any combination of these. The city administrator, on behalf of the city, shall determine the engineer for all work to be accepted by the city for public maintenance. 13.20.170 Curative Provisions No improvement assessment shall be rendered invalid by reason of a failure to have all of the information required to be in any engineer's or city recorder's report, the improvement resolution, the assessment resolution, the lien docket or notices required to be published, mailed or posted; nor by the failure to list the name of, or mail notice to, the owner of any property as required by this chapter; nor by reason of any other error, mistake, delay, omission, irregularity, or other act, jurisdictional or otherwise, in any of the proceedings or steps specified in this chapter, if such proceedings or steps were made in a good faith effort to comply with the requirements of this chapter, unless it appears otherwise that the assessment is unfair or unjust in its effect upon the person complaining. The council shall have the power and authority to remedy and correct all such matters by suitable action and proceedings. \\COMP AQ I \DATA \GOV\pub-wrks\admin\PB Council\LIDs\CC Tolman 20May LID Fonnation w Reso.doc Page 10 of12 r., 13.20.180 Construction oflmprovement: Bids A. Immediately after the effective date of the resolution establishing the local improvement district, the engineer for the city shall cause necessary right-of-way and easements to be acquired and the improvement to be made in accordance with the terms of the resolution if the work is to be performed by the city or another governmental agency. If any part of the work of the improvement is to be done under contract bids, the engineer for the city shall cause detailed plans and specifications to be prepared and filed and notice calling for bids to be published in a newspaper of general circulation within the city not less than ten days prior to the opening of the bids. B. The city administrator shall have the authority to sign all contracts on behalf of the city. C. If the bid is more than ten percent above the engineer's estimate, the city administrator shall refer the matter to the city council which may, in its discretion, provide for holding a special hearing to consider objections to proceeding with the improvement on the basis of such bid. 13.20.190 Reassessments A. Whenever all or part of any assessment for any local improvement has been or shall be declared void or set aside for any reason or its enforcement refused by any court by reason of jurisdictional or other defects in procedure, or whenever the council is in doubt as to the validity of all or any part of such assessment, the council may make a new assessment or reassessment in the manner provided in ORS 223.405 through ORS 223.485, inclusive. B. For purposes of this section, the term "assessment" includes deficit or supplemental assessments and reassessments. 13.20.200 Apportionment of Liens Upon Partition A. Whenever the ownership of any portion of a tract of real property less than the entire tract is or has been transferred through partition or otheIWise, any lien against said real property in favor of the city shall, upon request of the owner, mortgagee or lien holder of any portion of the tract, be apportioned as provided in this section and not otheIWise; provided, that such transfer is in accordance with ORS 92.010 to 92.190, the Ashland Comprehensive Plan and Land Use Ordinance. B. Applications for the apportionment of liens shall be made to the city recorder and shall be accompanied by a fee established by resolution of the council. The application shall describe the tract to be partitioned and the names of the owners of the respective tracts resulting from the partition. The County Assessor shall furnish to the applicant a certificate showmg the assessed valuation of the tract prior to partition as of July 1 of the year in which the apportionment is requested, if available; or if not available, as of July 1 of the preceding year. C. The city recorder shall compute an apportionment of the lien against the real property upon the same basis as the same was originally computed and apportioned. No apportionment shall be made unless all parts of the original tract of land, taken together, after the apportionment will have a true cash value as determined from the certificate of the assessor of at least the amount of the lien as to the various tracts concerned. D. Apportionment of a fmal assessment resulting from a partition under this section shall be done in accordance with a resolution of the council. The resolution shall describe each parcel of real property affected by the apportionment, the amount of the fmal assessment levied against each parcel, the owner of each parcel and such additional information as is required to keep a permanent and complete record of the fmal assessments and payments. A copy of the resolution shall be delivered to the city recorder for filing in the city lien docket. E. No apportionment may be made under this section unless the deed, mortgage or other instrument evidencing the applicant's interest in the parcel has been recorded by the County Clerk, or, if the same has not been filed, the applicant files a true copy with the city recorder. 13.20.210 Remedies Subject to the curative provisions of this chapter and the rights of the city to reassess, all actions of the council taken pursuant to this chapter are reviewable solely and exclusively by writ of review in accordance with the procedures in ORS 31.010 to 34.100. \\COMP AQ I \DATA \GOV\pub-wrks\admin\PB Council\LIDs\CC Tolman 20May LID Formation w Reso.doc Page II of 12 r., 13.20.220 Severability Should any section, paragraph, sentence or word of this chapter be declared for any reason to be invalid, it is the intent of the city of Ashland that all other portions remain if effect. (Ord 2705, 1993) \\COMP AQ 1 \DATA \GOV\pub-wrks\admin\PB Council\LIDs\CC Tolman 20May LID Formation w Reso.doc Page 12 of 12 'A' RESOLUTION NO. 03-_ A RESOLUTION AUTHORIZING AND ORDERING THE LOQbL IMPROVEMENTS FOR CONSTRUCTION IMPROVEMENTS TO TOLMAN CREEK ROAD CONSISTING OF SIDEWALKS, PARKROWS, PARKING BAYS, BICYCLE LANES, PEDESTRIAN SAFETY IMPROVEMENTS TO INTERSECTIONS, TRAFFIC DIVERTER ISLANDS, DRAINAGE AND ASSOCIATED IMPROVEMENTS AND AUTHORIZING THE CITY TO BORROW MONEY AND ISSUE AND SELL NOTES FOR THE PURPOSE OF PROVIDING INTERIM FINANCING FOR THE ACTUAL COST OF THE LOCAL IMPROVEMENT RECITALS: A. The Council has declared by resolution its intention to develop the improvements described in the above title and in the improvement resolution previously adopted and to assess upon each lot or part of lot benefited by the improvement its proportional share of the cost of the improvement; and B. Notice of such intention was duly given, a public hearing was held and it appears to the Council that such improvements are of benefit to the city and all property to be assessed will be benefited to the extent of the probable amount of the respective assessments to be levied for the costs. THE CITY COUNCIL OF THE CITY OF ASHLAND RESOLVES: SECTION 1. A local improvement district is created and shall consist of all the tax lots described in the attached Exhibit A. The district shall be called the Tolman Creek Local Improvement District, No. SECTION 2. The council intends to make local improvements to provide the improvements described in the above title. Such improvements will be in accordance with costs estimated to be $638,985.00 of which $266,144.00 will be paid by special assessments on benefited properties. Costs will be allocated based on $1,162.20 per equivalent dwelling unit or potential equivalent dwelling unit within the assessment area. Lots will be assessed as specified on the attached Exhibit A. PAGE 1-FORMATION RESOLUTION (\\COMPAQ1\DATA\GOVIPUB-WRKS\ADMIN\PBCOUNCIL\LIDS\LIDTOLMAN 2 RES.wPD) SECTION 3. The City of Ashland is authorized to borrow money and issue and sell notes for the purpose of providing interim financing for the actual cost of the local improvement. The notes may be payable from the proceeds of any bonds, issuance of additional notes or from any other sources from which the bonds are payable. This borrowing shall be issued according to the terms of ORS 223.235(7). - SECTION 4. The City of Ashland expects to make expenditures from its available funds to pay for the costs of the improvement project. The City reasonably expects to issue bonds or other obligations (the "Reimbursement Bonds") and to use the proceeds of the Reimbursement Bonds to reimburse the City for the expenditures it makes from its available funds for the improvement project. To permit interest on the Reimbursement Bonds to be excludable from gross income, the Internal Revenue Code of the United States requires that the City declare its intent to reimburse itself from Reimbursement Bond proceeds within 60 days after the expenditures are made. The City expects that the principal amount of the Reimbursement Bonds will not exceed $702,884.00. SECTION 5. The assessment imposed upon benefitted properties is characterized as an assessment for local improvement pursuant to ORS 305.583(4). SECTION 6. The city recorder is directed to prepare the estimated assessment of the respective lots within the local improvement district and file it in the lien records of the city. SECTION 7. This resolution takes effect upon signing by the Mayor. This resolution was read by title only in accordance with Ashland Municipal Code 92.04.090 and duly PASSED and ADOPTED this day of ,2003. Barbara Christensen, City Recorder SIGNED and APPROVED this day of ,2003. Alan W. DeBoer, Mayor PAGE 2-FORMA TION RESOLUTION (\\COMPAQ1\DATA\GOV\PUB-WRKS\ADMIN\PB COUNCIL\LIDS\LID TOLMAN 2 RES.wPD) () b ^--.1J .Q/ ^----- 2930 Nova Drive Ashland, OR 97520 May 19, 2003 Re: Middle Tolman Ck Rd "L.I.D." .' .. r.... -r . Mayor and City Council City Hall, 20 E. Main St. Ashland, OR 97520 -.,. , ! "v.._....-.- ~~. ~.. . :,.~.. . Dear Mayor and City Councillors: Seven years ago - April 23, 1996 - I expressed verbally my opposition to the proposed L.I.D. for middle Tolman Creek Road, at the meeting in Bellview School's audito- rium. After the proposal was tabled by the council on May 7, 1996, I forwarded a letter on May 16, 1996, with specific information about traffic on Tolman Creek Road to the then mayor and councillors. Today, I'd like to say that I agree, disagree, and am apprehensive. I'll try to be brief: (1) I agree with the plans made and the efforts to distribute the costs in a fairer manner. (2) I disagree with the L.I.D. designation and feel it would be more accurate to call it an A.I.D. (Arterial Improvement District). Please read the short paragraphs referring to the summarization of southbound. northbound. and all traffic, in my aforementioned letter which I've enclosed. If anything, traffic is heavier today than it was then, which showed approximately 5 of 6 vehicles (830/0) being through-traffic users, and not from the local district. (3) I'm apprehensive that I and others who will pay for these improvements, will be again approached to contribute to costs of any proposed L.I.D. for Jacquelyn Street - if, or when it comes. It is not fair to impose "double-taxation", for lack of a better word, onto to those who will be paying for the Tolman Creek L.I.D., which in reality is more an A.I.D. It will be very ironic and unfair to pay twice, particularly when the heaviest users of Tolman Creek Road are not from our district - L.I.D. or A.I.D. Can we be legally obliged to pay for 2 L.I.D.s? My opposition comes from paragraph (3), regarding possible payment to 2 L.I.D.s. Also, why are we, the 170/0 road users, paying for 800/0 of pavement costs, for the 830/0 of through-traffic non-local users? Otherwise, I believe in paying my fair share for forthcoming improvements. It will look nice. David V. Medeiros distr. Mayor DeBoer and city councillors 2930 Nova Drive Ashland, OR 97520 May 16, 1996 Re: Middle Tolman Ck Rd L. I. D. Mayor and City Council City Hall, 20 E. Main St. Ashland, OR 97520 Dear Mayor and City Council: On May 7, 1996, the City Council tabled the proposed L.I.D. for middle Tolman Creek Road for 60 days, allegedly to look into other financial sources to reduce the burden of those residing within the proposed L.I.D., primarily those on Tolman Creek Road. That was my understanding. It was also said that in the interim, those within this district should submit any ideas or information which may contribute a more just solution to the usual L.I.D. approach towards improvement of neighborhoods. Distinguishing an arterial or main traffic area from that of a local nature is a step in the right direction and I'm glad to see the council recognize that. This letter is non-confrontational and in the spirit of trying to help, I submit the following which I briefly touched upon verbally at the April 23, 1996 meeting in the Bellview School auditorium. April 21, 1996, on a late Sunday afternoon, I took a traffic count of motor vehicles using middle Tolman Creek Road. The traffic counting apparati had already been placed for several days - 3 on each side of the road from the railroad tracks to Siskiyou Blvd. One pair ( one on each side of the street for north and southbound traffic) was placed by the tracks, another pair just above Nova Drive, and a third pair by Bellview School. This was the result: Southbound traffic, going uphill, the count at 4:55 PM was 13,787 at the tracks, tapered off to 11,440 above Nova Dr., which is a 170/0 decrease, implying that these autos turned off at Mistletoe Rd., Grizzly Dr., and Nova Dr. It is fair to say that some of this traffic went to Jacqueline St., points west on Diana to Clay St., with some perhaps emptying onto Siskiyou Blvd west as this is a "short-cut" - rather than up Tolman Creek Rd and then right turn onto Siskiyou Blvd, a savings of 0.25 miles. Just above Nova to Siskiyou, the traffic dropped from 11,440 to 10,525 - an 80/0 decrease, implying that this amount turned off onto Diana and Barbara Streets. --? To summarize the southbound traffic. between the RR tracks heading uphill to Siskiyou showed 250/0 turned off Tolman Ck Rd. You might say that the 250/0 of the traffic was local versus 750/0 for all other users not living within the proposed L.I.D. Northbound traffic showed a greater use by "non-locals". Turning off Siskiyou Blvd or (i) crossing it to go downhill on Tolman Ck Rd, the counter by Bellview School showed 10,939 and picked up 759 vehicles before reaching Nova drive; this came from users of Barbara and Diane Streets, as well as from mid Tolman Creek Rd, Bellview School, Bellview Grange, and the church for a 70/0 increase, registering 11,698. Reaching the RR tracks, 3.60/0 more traffic was registered, totaling 12,093, this coming from users of Nova, Grizzly, and Mistletoe streets. -7 To summarize the northbound traffic. from Siskiyou to the railroad tracks, 10.60/0 of autos came from the L.I.D. feeder roads, while nearly 900/0 ( 89.40/0 ) came from those outside the district. --7 Summarizing all traffic - north and southbound - 25,880 vehicles used the road. Through traffic was 21,464 ( 82.90/0 ) while local users were 4,416 ( 17.1 0/0). In other words, essentially 5 of 6 vehicles were through traffic, whereas local users were 1 of 6. Please incorporate these data when formulating, breaking down the costs, and spreading them around to local and all other users of this arterial traffic road. Can you collect from RVTD (county?). I suppose the $68,000 already received from the county means no further funds from them? Will the state help out, as they have the maintenance yard and trucks which use the road enroute to road projects as well going to Siskiyou Pass in winter months? Also, don't you think that land developers should pay, instead of "taking the money and run"? Those contributing to the problem should be part of the solution. Sure, I know that they would pass on the costs to the home buyer, but then, what else is new? I can't think of any other ideas, but it seems you should fine tune the L.I.D. approach in seeking funds for various road beautification projects, if in fact you feel you can't give up the L.I.D. idea completely. Even for streets which are not arterial or heavily traveled there is still the "double tax" to deal with. As it stands now, should Jacqueline Street be paved, I would be included in that L.I.D. Sincerely, David V. Medeiros cc: D. Holmes F-!b-?6 39 1 E 14BA 4906 100 CITY OF ASHLAND TOLMAN CREEK RD L.[D. 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III ro III 0 III III III U Q) Q) III U -0 III U Q) <( <( ~ -ro-ro E (5 (5 0'::; III l- I- UJ M Q lJ"l ~ M RESOLUTION NO. 03-_ A RESOLUTION AUTHORIZING AND ORDERING THE LO~~L IMPROVEMENTS FOR CONSTRUCTION IMPROVEMENTS TO TOLMAN CREEK ROAD CONSISTING OF SIDEWALKS, PARKROWS, PARKING BAYS, BICYCLE LANES, PEDESTRIAN SAFETY IMPROVEMENTS TO INTERSECTIONS, TRAFFIC DIVERTER ISLANDS, DRAINAGE AND ASSOCIATED IMPROVEMENTS AND AUTHORIZING THE CITY TO BORROW MONEY AND ISSUE AND SELL NOTES FOR THE PURPOSE OF PROVIDING INTERIM FINANCING FOR THE ACTUAL COST OF THE LOCAL IMPROVEMENT RECITALS: A. The Council has declared by resolution its intention to develop the improvements described in the above title and in the improvement resolution previously adopted and to assess upon each lot or part of lot benefited by the improvement its proportional share of the cost of the improvement; and B. Notice of such intention was duly given, a public hearing was held and it appears to the Council that such improvements are of benefit to the city and all property to be assessed will be benefited to the extent of the probable amount of the respective assessments to be levied for the costs. THE CITY COUNCIL OF THE CITY OF ASHLAND RESOLVES: SECTION 1. A local improvement district is created and shall consist of all the tax lots described in the attached Exhibit A. The district shall be called the Tolman Creek Local Improvement District, No. SECTION 2. The council intends to make local improvements to provide the improvements described in the above title. Such improvements will be in accordance with costs estimated to be $638,985.00 of which $266,144.00 will be paid by special assessments on benefited properties. Costs will be allocated based on $1,162.20 per equivalent dwelling unit or potential equivalent dwelling unit within the assessment area. Lots will be assessed as specified on the attached Exhibit A. PAGE 1-FORMA TION RESOLUTION (\\COMPAQ1\OATA\GOV\PUB-WRKS\ADMIN\PB COUNCIL\LIDS\LID TOLMAN 2 RES.wPD) SECTION 3. The City of Ashland is authorized to borrow money and issue and sell notes for the purpose of providing interim financing for the actual cost of the local improvement. The notes may be payable from the proceeds of any bonds, issuance of additional notes or from any other sources from which the bonds are payable. This borrowing shall be issued according to the terms of ORS 223.235(7). SECTION 4. The City of Ashland expects to make expenditures from its available funds to pay for the costs of the improvement project. The City reasonably expects to issue bonds or other obligations (the "Reimbursement Bonds") and to use the proceeds of the Reimbursement Bonds to reimburse the City for the expenditures it makes from its available funds for the improvement project. To permit interest on the Reimbursement Bonds to be excludable from gross income, the Internal Revenue Code of the United States requires that the City declare its intent to reimburse itself from Reimbursement Bond proceeds within 60 days after the expenditures are made. The City expects that the principal amount of the Reimbursement Bonds will not exceed $702,884.00. SECTION 5. The assessment imposed upon benefitted properties is characterized as an assessment for local improvement pursuant to ORS 305.583(4). SECTION 6. The city recorder is directed to prepare the estimated assessment of the respective lots within the local improvement district and file it in the lien records of the city. SECTION 7. This resolution takes effect upon signing by the Mayor. This resolution was read by title only in accordance with Ashland Municipal Code ~2.04.090 and duly PASSED and ADOPTED this day of ,2003. Barbara Christensen, City Recorder SIGNED and APPROVED this day of ,2003. Alan W. DeBoer, Mayor PAGE 2-FORMA TION RESOLUTION (\\COMPAQ1\DATA\GOV\PUB-WRKSIADMIN\PB COUNCIL\LIDS\LID TOLMAN 2 RES.wPD) CITY OF SHLAND Council Communication TITLE: DEPT: DATE: SUBMITTED BY: APPROVED BY: A resolution transferring appropriations within the 2002-2003 Budget. Finance Department 20, 2003 LMe;YTuneb erg, Finance Director Z~~, Gino Grimaldi, City Administrator/-~. Synopsis: This resolution changes the 2002-2003 Budget and keeps the City in compliance with Oregon Budget Law. Recommendation'. Staff recommends approval of the attached resolution. Fiscal Impact: Adjusts the FY 2002-2003 budget to match anticipated expenditures. Background: There are three ways in which to change appropriations after the Budget is adopted. . A transfer of appropriations decreases an appropriation and increases another. This is the simplest budget change allowed under Oregon Budget law. This does not increase the overall budget. This is approved by a City council resolution. 2. A supplemental budget of less than 10 percent of total appropriations within an individual fired follows a process similar to the transfer of appropriations. 3. A supplemental budget in excess of 10 percent of total appropriations requires a longer process. This process includes a notice in the paper and a public hearing. The first type of budget change is necessary and is the first such transfer requested-for FY 2002-2003. Attached is a resolution for your approval. The recommended changes in the budget are explained after each request. Staff will evaluate the need for another request to transfer appropriations as we near the end of the fiscal year. Staff is proposing a supplemental budget change under separate action. RESOLUTION NO. 2003- A RESOLUTION TRANSFERRING APPROPRIATIONS WITHIN THE 2002-2003 BUDGET THE CITY OF ASHLAND RESOLVES AS FOLLOWS: SECTION 1. Because of the circumstances stated below, the Mayo_tr._and City Council of the City of Ashland determine that it is necessary to transfer appropriations as follows: General Fund To: Admin Services- Senior Division From: Contingency $7,000 $7,0OO This transfer provides increased appropriations to correct for an under-estimation error in preparing the budget. Water Fund To: Public Works - Distribution SDC's From: Contingency $50,000 $50,000 This transfer provides increased appropriations for the Ashland Street Water Mainline project which was partially held over from FY 2002, required a design change to cross Siskiyou Boulevard and had higher than anticipated cost related to these changes. Wastewater Fund To: Public Works - Construction Debt Service From: Other Financing Uses Contingency $300,000 $100,000 $3OO,OOO $100,000 This transfer provides increased appropriations for construction at the treatment plant and for related debt service caused by an earlier completion schedule than budgeted. Electric Fund To: Electric- Supply $290,000 Debt Service $10,000 From: Contingency $300,000 This transfer provides increased appropriations to Supply Divisions and debt service recognizing increased costs for power supplied and distributed and an error in calculating debt service for budget. Cemral Service Fund To: Administration Department From: Contingency $100,000 $100,000 This transfer adjusts for added personnel costs for paying off leave banks for the past administrator and professional fees, advertisement and travel costs f%r_recmitment. SECTION 2. This resolution takes effect upon signing by the mayor. This resolution was read by title only in accordance with Ashland Municipal Code Section 2.04.090 duly PASSED and ADOPTED this 20th day of May, 2003: Barbara Christensen, City Recorder SIGNED and APPROVED this 20th day of May, 2003: Reviewed as to form: Alan W. DeBoer, Mayor Paul Nolte, City Attorney CITY OF SHLAND Council Communication TITLE: DEPT: DATE: SUBMITTED BY: APPROVED BY: Synopsis: Recommendation: Fiscal Impact: Background: A Resolution Adopting the City of Ashland Affordable Housing Action Plan and Housing Needs Analysis Department of Community Development Planning Division May 20, 2003 John MeLaughlin, Director of Comll~ty Development~~) Gino Grimaldi, City Administrator The City contracted for a housing needs analysis, which was completed by ECONorthwest in May, 2002. Following that effort, the City contracted with Cogan Owen Cogan and Sextant Consultants for the preparation of an Affordable Housing Action Plan which would outline the next steps for the community in addressing the needs for housing for a broad range of income levels. That plan was presented to the City Council on De, ember 3, 2003 at which time the Council moved to accept the plan. The motion was passed unanimously. (See Council Minutes 12/3/2002- Exhibit "B"). On February 4, 2003, Councilor. Hartzell requested that the Council formally adopt the Housing Action Plan. After discussion, Staff was directed to bring back the final action plan for adoption in May. (See Council Minutes 2/4/2003 - Exhibit "C") Staff recommends that Council approve the Resolution Adopting the Affordable Housing Action Plan and Housing Needs Analysis. The resolution is attached as Exhibit "A" and the plan is attached as Exhibit "E". After adoption of the resolution, and subject to any modifications proposed by the Council, Staff will have the plan reformatted for final printing. ,, The Action Plan contains a variety of items that will impact the budget of the City, depending on the level of implementation. The City Council has already authorized the hiring of a Housing Program Specialist, which has been completed. This position has been included in the Planning Division budget for 2003-2004. The City of Ashland Affordable Housing Action Plan and Housing Needs Analysis is attached as Exhibit "E". A memo from Councilor Heam is also included (Exhibit "D"), expressing concern that the Action Plan not be seen as a tool to "encourage more rapid growth and development" in Ashland. While there are sections of the plan that address certain land use strategies for encouraging affordable housing, whatever approach is ultimately adopted must also comply with the other aspects of the Comprehensive Plan. It is not the plan's intent to develop strategies that attempt to increase supply in such a manner that the market is able to be affected, i.e. substantial increase in housing such that overall prices drop. Rather, the land use strategies are designed to target specific zoning districts and projects for inclusion of affordable housing. A recent example was the recent modifications to the City's annexation and zone change ordinance clarifying affordable housing requirements. Those changes ensure that affordable housing is provided with annexation, but does not ease the process for annexing land to the city. The Council may want to specifically direct Staff to ensure that implementation of the plan is done in a manner that is in accord with the Comprehensive Plan, and that any efforts which may accelerate the rate of growth be carefully examined prior to adoption and implementation. ,., ~~..,,. ':A" RESOLUTION NO. 2003- - A RESOLUTION ADOPTING THE CITY OF ASHLAND AFFORDABLE HOUSING ACTION PLAN AND HOUSING NEEDS ANAL YSIS. THE CITY OF ASHLAND RESOLVES AS FOLLOWS: SECTION 1. The City of Ashland recognizes that the availability of a wide variety of housing types for differing incomes is in the best interest of the community, and that the goal of the adopted Housing Element of the Ashland Comprehensive Plan states "Ensure a variety of dwelling types and provide housing opportunities for the total cross-section of Ashland's population, consistent with preserving the character and appearance of the City." SECTION 2. The City Council adopts the City of Ashland Affordable Housing Action Plan and Housing Needs Analysis to further the housing goal of the City. This resolution was read by title only in accordance with Ashland Municipal Code 2.04.090 and duly PASSED and ADOPTED this 20th day of May, 2003. Barbara Christensen, City Recorder SIGNED and APPROVED this _ day of , 2003. Alan DeBoer, Mayor Reviewed as to form: Paul Nolte, City Attorney E ..8 ff unique, but rather how they do il, noting that 95% of funds are spent on programs. ::s~: t 1"'5 are fluid and are driven by local needs. ACCESS programs served one in four Jackson County residents in the t'year. r./- -,7 Webring gave an overview of the plan recommendations, noting the unique conditions in As land in terms of affordability, including the low number of homeowners vs. renters, the median purchase price 0 a house, and the high number of commuters. He explained that the plan proposes specific solutions but the exa t mechanisms to accomplish those still need to be worked out in tenns of timing, funding, and how they fit into 0 er priorities. He noted that housing prices in Ashland are increasing due to many things, including; low inte st rates, persons relocating in Ashland from other parts of the country, and multifamily zoned parcels being used for single family units. It was pointed out that while the statistics for owners vs. renters might be skewed due to th presence of the University population, the need for affordable housing is not diminished. Also, that in light ofh ing competition from neighboring communities Ashland needs to be smart in leading developers in such a way at they provide what the market needs and satisfies problem housing needs. Webring outlined and the Council discussed the Plan's six strategies: t.) Provide funding for arrordable housing. A.) Have a Housing Coordinator facilitate the process of applying for Housing Development various sources. B.) Create an Affordable Housing Trust Fund. Webring suggested that the Housing Commiss on prepare a specific proposal for such a fund in order to create a corporate shell and then the fund wou d allocate monies to projects based on a Request for Proposal (RFP) process. C.) Develop long-tenn continuous funding sources for the Housing Trust Fund. It was noted t a real estate transfer tax could be a source of funds if the present law prohibiting it could be passed by e State Legislature. It was noted that a coalition would have to be built that is stronger than the b ilding coalition that got that law passed to begin with. I D.) Continue and deepen the Housing Commission's Employer's Group which encourages emqloyers to provide assistance to employees when they want to buy housing. ! 2.) Reduc:e development and operating costs. t A.) Continue the current system of deferring System De. velopment Charges (SDCs) for atTor ble housing and establish a limit on the total amount of SOCs to be waived. B.) Waive other planning, permitting, or other fees and establish a yearly cap on the total amo t to be waived. I 3.) Adopt Land Use regulations promotinc .rrordable housinc. ~ A.) Identify and zone additional land for multi-family use. Identify a target site with the pate 'al for multi- story mixed use development. Webring noted that the State has a new vertical housing tax xemption law and that there may be some downtown properties that could be useful for this. : B.) Limit or restrict single-family units in multi-family zones. It was noted that the City could nttol the rental vs. sale of apartment units by adopting legislation precluding the units being converted to wnhouses or condominiums. Reid commented that some of the most affordable housing units in Ashl d arc townhouses and condominiums. Mclaughlin clarified that there have essentially been no partments built in Ashland in the last 5 years so there is no long-term balance in rentals. He noted that the n is complex but in the tenns of rentals Ashland has higher costs yet must compete in a region market. He noted that the idea of small cottages as a supplement to standard apartment houses is a bal ce we want to look at in rental opportunities. 0 C.) Allow accessory dwelling units as a permitted use. Currently the City allows this as a con~itional use. Webring recommended changing to an outright pennitted use or relaxing some of the setb~ck and lot coverage requirements. ; Ashland City Council Meeting December 3,2002 Pate 2 ofS I D.) Allow for or require a certain pen:entage of development on smalllols within new SUbdiJiODS. 4.) Preserve existing affordable housing and create new affordable housing. ; A.) W~ with various non-profits that have. experience in developing new and preserving exi~ting affordable housmg. : B.) Promote long-term afJordability by requiring that housing remain affordable for a period de 60 years if it has received fee deferments or waivers. : 5.) Develop ol"lanizational capacity for a<<ordable housing. 1 A.) Create a full-time long-tenn Housing Coordinator Position to bring together all.function dfctlY related to affordable housing. B.) Develop working relationships with housing organizations. C.) Continue the Ashland Housing Commission, including holding annual housing conferenc . 6.) Build understanding and support for affordable bousing. ~\ A.) Develop a public infonnation program for affordable housing that explains the needs and uild support among the general public as well as community leaders. B.) Prepare an annual Affordable Housing Report descnbing progress towards goals and doctent what is going on. C.) Hold annual Affordable Housing Conferences for local organizations and individuals con rned with Ashland's affordable housing issues. Webring commented that this is a set of recommendations that the Council is being asked to at' pt and see as a framework for the affordable housing work that will be done. ! Mclaughlin clarified that acceptance by the Council gives the Housing Commission, the HOUSin~' Coordinator, and the Council itself flexibility in amending the Plan as need for adjustments arise. He explained tha he sees the Plan more as a road map, and that it is not an update of the Housing element of the Comp Plan, but a d. .on that we are ~~~~ I I Hearn hoped that the Housing Coordinator could work with employers on the affordable housin~ issue. Webring agreed that this makes sense. ! It was commented that the Plan seems like a shotgun approach and wondered how it would e a difference. McLaughlin clarified that the Housing Coordinator position is a different approach than was take 'in the past. He stated that now is the time to take another step and that step can be as big a step as we want to take as small a step as we want to fund. He noted that we have a lot of years of effort into making Ashland a very des. ble community, that demand to live here will continue ~ go up, and that the strategies in the Plan will try ~ balanc 1I1at. Jackson expressed concern that Ashland is . losing numbers of school age children and noted ~e importance of retaining that age bracket for the livability of the town. She favored acceptance of the Housing A10n Plan. Laws pointed out that Ashland is at a disadvantage because obtaining low-cost housing is an enO~USIY expensive proposition. He noted that while many would like to see Ashland as a self-sustaining we live in a comparatively small "metro" area and people will continue to want to live on larger lots. He co ented that the key in the Action Plan is the position of the Housing Coordinator and noted that the problem .11 be to fmd the money to fund the position. It was clarified that the Housing Commission and Staff had met discuss funding possibilities. ! I Hearn commented that he repeatedly hears that Ashland is in danger of losing its chann due ~ iSSU$ith affordable housing, traffic, and too many people. He noted that the question is how to maintain the charm d atmosphere of the town while encouraging economic diversity and providing places for service members of the co unity to live. Dia.. Shavey/694 Oak Knoll/Housing professional and fonner member of the Housing commit ion, read aloud portions of the 1990 Housing Plan noting similarities between it and the current 2002 Plan. S challenged the Council to have the courage and the wisdom to do what will mSke sure that in the year 2014 we on't get another report that says the same thing. 1 Ashland City Council Meeting December 3, 2002 p~e 3 ofS J:~"""I Ti f' ~ ~~ I I Jennifer Henderson/321 Clay #8/Member of Jackson County Housing Coalition voiced support ~f the Action Plan and the Housing Commission's efforts. She feels the Plan is a beginning and urged the Coun~il to support the Housing Trost Fund. : Rich Rohdel124 Ohio/Spoke on behalf of Oregon Action in support of the Housing Action Plan, I noting that it is a critical step because it identifies workable solutions. . I William Barchetl961 B Street/Real estate broker and past Vice President of Habitat for Hum~ity in the Rogue Valley, spoke in support of the Action Plan and urged the Council to consider strategic partnershi~s with the private sector. ~-. : I Freel Caruso/I02 Garfield #lS/Spoke in support of creating affordable housing and comment+ that the people using the affordable housing would do so in order to live in Ashland, not to commute to Medford. ! It was noted that the Housing Commission would continue to present other strategies and reconmtendations to help the Council refine and target the Action Plan in order to address housing needs. ' Councilors HartzelllReid mls to accept the Affordable Housing Action Plan. DISC~'ION: Morrison expressed hope that this Plan is not an end, but a beginning that could be added to. Hearn ho that the Housing Coordinator would be a visionary, with creative approaches to making this happen. Voice ote: All AYES. Motion passed. ! 3. Update on BP A Electric Rates. ~ Electric & Telecommunications Director Dick Wanderscheid explained that at this time BPA h decided not to trigger the Safety Net Cost Recovery Adjustment Clause (SNCRAC), but to wait until more inf4 ation on water supply and power prices are available. The SNCRAC is triggered when BPA feels they have less than a fifty- percent chance of making a treasury payment. BP A will reconsider the issue in January 2003. A ecision to trigger the SNCRAC in January would probably result in an additional wholesale rate increase to the Ci~ in October 2003 and there is no need to increase our electric rates until July 2003, if at all. He explained that a jtail rate increase usually translates into 400,1. to 600,10 of the wholesale rate increase. I Wanderscheid noted that BPA has been able to cut their costs by $350 million and the best we can ~ope for now is a lot of snow and higher surplus power prices. l I i 4. Library Intergovernmental Agreement with Jackson County. i City Attorney Paul Nolte explained that this is a SO-year agreement with Jackson County ~the operation, maintenance, and repair of the Ashland branch of the Jackson County Library. It would provide th the County will operate the library, will maintain the building both interior and exterior, provide for its utilit , and maintain casualty and liability insurance for the building. The City. remains responsible for the grounds, ing areas, and the sidewalks. He noted that the contract does not require the City to carry insurance but the ity is insured for those areas we are liable for on this property. ; I The tennination clause of the agreement was questioned. Nolte clarified that the County must giVerS days notice of tennination but that the City would know before then that the County was having problems ope . g the Ashland branch. Also, if the County fails to budget funds for operations they could get out of the agreemen Councilon ReidlHartzell m/s to approve Library Intergovernmental Agreement with JaCksO~ County. Voice Vote: all A YES. Motion passed. ! ORDINANCES. RESOLUTIONS AND CONTRACTS : I. ReadiDg by title only of itA Resolution Declaring the Canvass of the Vote of the Election HJld in and for the City of Ashland, Oregon, on November 5, 2002, and Mayoral Proclamation. " 1 I Coundlon Morrison/Hartzell mls to approve Resolution #2002.33. Roll Call Vote: LaW~ Reid, Hartzell, Jaekson, Morrison and Hearn, YES. Motion passed. : CouncilOR MorrisonIHartzell mls to adopt Mayoral Proclamation. Roll Call Vote: Hrrn, Morrison, Jackson, Hartzell, Reid and Laws, YES. Motion passed. Ashland City Council Meeting Pa$e 4 of 5 December 3,2002 The results would be brought to the Council at their next meeting. She reviewed the history of the levy, noting that it presently generates $1.7 million dollars, which goes to a wide variety of activities in all schools, including PE and music in the elemen schools. Passage of the levy will require a double majority vote. 2. Adoption of Housing Needs Analysis and Housing Action Plan; and Authority to proceed with hiring of a Full-tim Housin Coordinator n enm 1 r nan quist reported that Councilor Hartzell is requesting that ~e Housing Action Plan be adopted at this meeting, and that Staff be directed to proceed with the hiring of a full-time Housing Coordinator position as soon as possible. There is a sufficient appropriation to proceed w.ilh. hiring. Estimated full- year costs for 2003-04 is $80,400 ($63,100 for salary and benefits, and $17,300 for materials and services costs). If a full-time secretary were deemed necessary, the additional cost would be $41,400 ($38,100 for salary and benefits, and $3,300 for materials and services). The position will be a "regular" position. Community Development Director John McLaughlin noted that cleaning up and revising the Action Plan had not been done yet, but the Council could adopt the plan and have modifications brought back at a later time. He noted that Community Development clerical staff is working overtime already and that if the Housing person needed secretarial support it would not be available. He clarified that the position would support the Housing Commission. It was commented that the Housing person could be responsible for his or her own clerical needs. Almquist clarified that he wanted Council to be aware, long term, that this may be a pressure at budget time. It was clarified that the Housing Action Plan would be brought back to Council in May. Couacilor HartzelUHearn mls to extend meeting past 10 p.m. Voice Vote: AU AYES. Motion passed. Nancy RichardsonJ93 California Street/fook issue with the budget for the Housing staff position, stating that people who work in the non-profit affordable housing realm are used to doing their own secretarial work so secretarial support should not be included in the budget. She felt the City has a great lack of sustailiable thinking when it comes to budgeting. JenDifer HeDderson/321 Clay StreetlUrged the Council to pass the Housing Action Plan and fund the Housing Coordinator position. Felt that the proposed budget for the position has been inflated. Mayor DeBoer proposed that instead of hiring another City employee that a $50,000 donation is given to the Ashland Community Land Trust (ACL 1) for the purpose of hiring an executive director. He stated concern with 4'govemment creep" and the escalating costs involved in adding City staff. Jackson felt it critical that the City has its own employee to do this work. Hartzell commented that ACL T felt that this position is more needed in the within the City. Couacilon HartzeWLaws mls to direct staff to proceed witb lairiDg a full-time Houslag Prognm Specialist as IOGD a. possible, aDd that tile Hoasiag Action Plaa be brought back to as for consldentioD in Mayor June. DISCUSSION: It was clarified that this does not approve the Plan but brings it back for consideration. It was suggested that the Council focus OD what we want and get for the money - the expectation of performance and results. Voice Vote: an A YES. Motion passed. 3. Quarterly Update on PamDg Structure: October - ~ember 2002. Couacllon LawsIMorrison mls to accept the report. Voice Vote: all AYES. MotioD passed. 4. Quarterly Financial Report. Financial Director Lee Tuneberg reported that things are well this year and projects are being completed. CouDcilon HartzelVMorrison mls to accept the Quarterly Financial Report. Voice Vote: all A YES. Motion passed. ORDINANCES. RESOLUTIONS AND CONTRACTS I. Reading by title only of "A Resolution Authorizing Outdoor Burning under Certain Conditions between March and October, 2003." i cil Meeting Page 4 of 5 February 4, 2 .l)AVISGILST~ ~ 'IS . OFF4~!' MITH - A, T TOR -N E Y 5 A\;r LAW E ! ...,~ .. )t tfJ., .J~l,t,:lm~r;'J\!,' \ n ~ I 1 \W;:: : 1t;} r t LJ, d \ r\ ut.t.L..L._=..,,,",,,.., ",", -,. r i \ \CEB, l' 8.,. 2...0\3 .\',~"'.';' . i !( , U lii , \.:7L:JU~ O"'lSV OdUCOaQOQ~~Q~~~Q~~~~~~QW MEMORANDUM To: Alan DeBoer; Don Laws; Alex Amarotico.; Cate Hartzell; Kate Jackson; John Morrison; John McLaughlin .~' Ch . H /" f^}~~V From: ns earn U~v Date: February 13, 2003 Re: AFFORDABLE HOUSING ACTION PLAN COMMENTS FOR DIALOG ON ADOPTION OF FINALIZED AFFORDABLE HOUSING ACTION PLAN 1. On February 4,2003, the Council tentatively adopted the Affordable Housing Action Plan, with instructions to' staff to consider amendments mid modifications to the plan and bring it back to the Council for final review and adoption in May of2003 (at least that is the way Lunderstood our direction). 2. During our brier discussion of the general Affordable 'Housing Action Plan, I mentioned a couple of general policy concerns which I feel need to be addressed before the Plan is finalized and implemented. 3. After the February 4 Council meeting, I spoke briefly with Mac. We discussed the fact that Council directions referring a matter to a commission for revision initiates a process which tends to gather momentum at the commission level. If the Council desires to provide early input on general policies involved in a plan, Mac agreed it is good for a majority of the Council to establish a consensus early on to let the commission know from the start if that consensus should drive the direction of the commission's work product. For example, the" Tree Commission was charged by the Council with. drafting a tree ordinance. After spending many months drafting the ordinance and then receiving criticism for certain aspects of the proposed ordinance (i.e., including developed single-family lots), certain members of the commissi.on indicated they should have been given more direction by the Council early on, instead of investing a tremendous number of hours putting together a ,plan which ultimately did not reflect the majority of the Councilors' attitudes. Early concerns on the Affordable Housing Action Plan would be beneficial. 4. I think we all agree that the Council as a whole is supportive of an Affordable Housing Action Plan, and the City taking proactive measures to address the affordable housing problem. From my perspective, however, one importapt · 515 East Main Street · Ashland, Oregon 97520 · 541.482.3111 Page -1- policy matter should be addressed at the outset. This is balancing our potentially competing goals of slow, measured, well-managed growth on the one hand, with our goal of promoting development of a meaningful level of affordable houSing on the other. I think we need to have. this dialogue as certain aspects of the Affordable Housing Action Plan are discussed. 5. Growth and Affordable Housing. Without being economists, I think we can all accept that the high price of real estate and housing in Ashland is based on the principle of supply and demand, at least to some extent. One way to promote affordable housing is to liberalize and expand our urban growth boundary, aggressively annex in new land, and densely develop everything we annex in with multi-family dwellings or high impact small lot subdivisions. Oregon law requires that we accept our fair share of growth. But do we want to aggressively promote Ashland's growth? 6. In the City of Ashland Community Attitude & Opinion Survey conducted by Scudder & Associates in 2000, the following was contained at page 11 of the survey report: "Respondents Were asked if they believed growth and development in Ashland during the past several years has been too fast, too slow, or just about right.. A higher percentage of respondents feel groWth is too fast in 2000. Six out of ten respondents (62%) feel growth and development have been too fast, compared.to .1998 when 57% of the sample felt growth was too fast. Respondents who have lived in Ashland for five years or less are statistically less likely to say too fast (50%). Those with household incomes of $75,000 are more are statistically more likely to say that growth and development are too slow (10%). Those respondents who feel the quality of life in Ashland has improved or stayed the same are statistically more likely to say that growth and development have been just about right (54% and 40% respectively). Those respondents who feel the quality of life in Ashland has gotten worse 'are statistically likely to say that growth and development arettoo fast (88%) as are those who are between 35 to 54 years old (72%)." 515 East Main Street · Ashland, Oregon 97520 · 541.482.3111 Page -2- 7. The City of Ashland Community Attitude & Opinion Survey 2000 ~ound that, when respondents were asked the open ended question: "What is, liked most about living in Ashland?", the.:.~~p two responses were l~dscape, mountains and beauty (33%) followed by small town atmosphere (31 o/G). These two were followed by people - good, caring, nice (17%);-cultural atmosphere (17%);, education-college and schools (9%); community spirit, involvement (7%); and variety/diversity of lifestyles (6%). 8. In the City of Ashland Community Attitude & Opinion 2000, the following is provided: "When asked what one thing the respondent would change about Ashland to make it a . better place to live, the most frequent response was "limit growth and development" (17%). The answers to 'what one thing respondent would change about Ashland' fell as follows: "Limit ~owthand development (17%); . nothing, like it as is (11 %); cut down on traffic (9%); reduce housing costs (9%); more parking (5%); more pub,lic transportation (4%)." , Please note that while 17% of those surveyed felt that limiting growth and development was the one thing that could be changed about Ashland to make it a better place to live, only 9% indicated "reduce housing costs" as a response. 9. As an accountable Council, yve should openly and hone~tly discuss the aspects of the Affordable Housing Action Plan which have the collater~ effect of encouraging more rapid growth and development in our community. If our decision as policy makers is to embrace more rapid growth and development in order to promote afford8;ble housing, then we need to honestly accept that as a policy the majority of the Council is willing to embrace. If not, we need to direct those who will work further on the Affordable Housing Action Plan that we will not actively encourage more rapid growth and development for any purpose. 10. We all know that Oregon cities are required to maintain an adequate inventory of buildable lands in various zoning categories (housing, emplOYment, industrial, etc.). My understand is that the City of Ashland currently'meets or exceeds those State-mandated requirements. I also understand tha~ the City has · 515 East Main Street · Ashland, Oregon 97520 .. 541.482.3111 Page -3- been growing at a reasonable level of approximately 1.5% per year. Theoretically, by doubling, tripling or quadrupling that growth rate, we could simultaneously address the 8ffordable housing issue. But are we willing to go that direction? Affordable housing must either be new development of housing; 01: conversion of existing struCtures into affordable housing. The Affordable Housing Action Plan presented to us focuse&-primarily on new development of affordable housing, and therefore focuses on growth. 11. Certain aspects of the plan do not appear to directly operate to encourage growth. However, some aspects of the Affordable Housing Action Plan seek to modify land use regulations to openly encourage growth arid development. If liberally implemented, they will do just that, encourage growth and development. While these may, in some cases, operate to encourage growth and development of affordable housing instead of more expensive housing, the bottom line is that most affordable housing alteI?atives will mean greater density (either multi-family or more single family homes per acre) and will therefore mean more growth, more population, more traffic, and more burden on our roads, sewerS and environment. I understand these can be mitigated in a variety of ways, but the bottom line is we are looking at whether or not to enco~age more rapid growth with greater density and therefore greater impact on our city in a variety of ways, including potential mitigation of Ashland's "small town" ambiance and charm. 12. I am personally in favor of implementing c~rtain aspects of the Affordable Housing Action Plan.. My proposal is that, in tandem with implementation of the plan, that we consider making it clear to those working on the plan that we are unwilling to encourage more r.apid growth and development in Ashland while pursuing our affOJ;dable housing goals. This way, as the Housing Commission and others review a variety of mechanisms to encourage development of affordable housing, they will keep in mind that our Council is equally committed to careful, managed, legal growth and is unwilling to overly relax our land use regulations to encourage more rapid growth and development, albeit in the name of affordable housing. 13. If at least two other Councilors are in agreement on this principle, then we should consider vocalizing this as a caveat to the Affordable Housing Action Plan. Please call if you have questions or concerns. · 515 East Main Street · Ashland, Oregon 97520 · 541.482.3111 Page -4- " " ~H'.'T E CITY OF _--_ ASHLAND r~' Affordable Housing Action Plan and Housing Needs Analysis Adopted by Ashland City Council May 20,2003 CITY OF ASHLAND Memo DATE: TO: FROM: RE: May 20,2003 Honorable Mayor and City Council John McLaughlin, Director of Community Development Two Corrections to the Housing Action Plan Attached are two pages, Page 7 and Page 9, from the Housing Action Plan. Near the bottom of Page 7 is a correction regarding the rate of the real estate transfer tax for Washington County. It is actually one-tenth of 1 %, rather than the one-half of 1 % originally shown. On Page 9, the table at the bottom of the page was modified. The column regarding the rate was modified to clarify the rate, and be more consistent with the discussion in the text. The numbers and calculations have remained the same. Further, an additional rate example ($5.00/1000, or 0.50%) was added to illustrate the revenues possible if a bill currently proposed in the Legislature were to pass and the tax enacted in Ashland. DEPARTMENT OF COMMUNITY DEVELOPMENT Planning Division Tel: 541-488-5305 20 East Main Street Fax: 541-488-5311 Ashland, Oregon 97520 TTY: 800-735-2900 www.ashland.or.us r~' The City's role is to facilitate applications by non-profit organizations and other eligible organizations. The City will need a Housing Coordinator who researches available funding sources including application procedures and submittal deadlines, develops relationships with funding sources, and works closely with organizations eligible for funding. Through a Housing Trust Fund the City can also provide some of the local funding which is often needed in affordable housing programs. Recommendation: ~ The City, through a Housing Coordinator, will take necessary steps to facilitate the process of applying for housing development funds by non-profit housing development organizations and other eligible organizations. Schedule: 1-5 years. Intermediate and long-term. (Dependent on funding cycles) B. Create an Affordable Housin2 Trust Fund The crux of building or rehabilitating affordable housing is funding the projects. Money is needed to plan the housing, purchase land, provide equity to secure loans, and for up-front costs. While there are many state and federal sources for funding affordable housing, in almost all cases some local funds will be needed to match or supplement grants and loans. Housing Trust Funds are a means to provide a flexible pool of funding to promote affordable housing. What makes housing trust funds unique is that they have dedicated sources of ongoing, public revenues. There are a wide range of funding sources used in the over 275 housing trust funds that now operate in the u.S. Sources include funds from government bonds, from sale of publicly owned lands, from lottery earnings from property taxes; development fees, and fees on recording mortgages. Housing trust funds can also accept donations of property or funds from individuals and corporations as well as receive funds from foundations. There is legislation being developed in Congress that will provide a National Housing Trust Fund to match funds for local communities with Housing Trust Funds. There are at least 37 state housing trust funds including Oregon, Washington and California. There are 42 city housing trust funds in 22 states, plus an additional 142 in New Jersey with a state law that allows cities to levy fees on developers to raise funds for the trust funds. Typically housing trust funds do not build or own housing. Rather, the funds distribute monies to non-profit and government organizations that are experienced in building and owning 7 Typically city housing trust funds are administered by housing and community development departments by city staff, although a few are independent or administered by a redevelopment agency or a housing commission. Ashland needs to evaluate a range of alternatives for providing dedicated funds for the Housing Trust Fund. The following are potential sources. 1. Real estate transfer tax A real estate transfer tax is applied when a home is sold. In Oregon, Washington County is the only county with a real estate transfer tax. Passed in the 1970s, the tax is $1.00 per thousand. In 2001, the average price of a house sold in Ashland was $273,0632. If the Washington County rate were applied in Ashland, the average tax would have been $273 per house, raising $102,398 for a housing trust fund. Maryland has a tax when recording.a property that has been sold. Rates vary by county ranging from a low of$4.40 per $1,000 to $10.00 per $1,000. Using the lower tax rate of $4.40 per thousand, if applied by Ashland would be a cost of$I,201 for an average house of $273,063 or raised a total of approximately $450,000 in 2001. Florida adopted a real estate transfer tax of$2.00 per thousand (0.02%) which was widely supported by the housing industry including realtors as a way to invigorate the housing industry. The tax generated $249 million in 2001. This rate applied to Ashland would have raised $546 per house sold in 2001 or approximately $204, 800 A real estate transfer tax in the Portland metropolitan area was unsuccessfully proposed in the recent legislative session by the Portland regional housing trust fund. The proposed tax was a rate of 0.75%. This rate, applied to Ashland, would have added a charge of approximately $2,050 to the average home sold and produced approximately $767,000 in 2001. Affordable housing advocates in the Portland area are considering a renewed legislative effort next year. The effect of different rates used for a real estate transfer tax are summarized below: Assuming 375 sales per year at an average of $273,063 would yield the following costs and revenues. Cost Per House Sold Revenue Example $1.00/1000 (0.100/0) $273 $2.00/1000 (0.200A>>) $546 $4.40/1000 (0.44%) $1,201 $5.00/1000 (0.500A>>) $1,365 $7.50/1000 (0.75%) $2,048 $102,398 $204,797 $450,554 $511,993 $767,989 Washington County, Oregon Florida Maryland Proposed Legislation Portland metro area (proposed) 2 Roy Wright Appraisal Services, Inc. Mail Trihunc, Sunday, May lR, 2003 What Is This ThinCJ Called The Motlev Fool? Remember Shakespeare? Remember ':4s You Like It "? In EIi:abethan days. Fools were the only people who could get away with telling the truth to the KinK or Queen. The Motle)' Fool tells the trllth about investing. and hopes )'ou'lIlaugh all .................. ..!.~~.~~:c:.X. .~?..~(!.~..~c:.~!.~'...... .......... ..... I Telecoms Ring With Debt " :~.,'...'.i~,:.~" "'Standard & Poor's pointed ollt recentlv that tclccom and cable firms have a~lassed about S206 billion in debt. roughly $20 billion of which will come due through 2005. The strongest players - most ....notably the regional Bells -- iS~lled much of the debt and willlikelv have no problem refinancing their oblIgations. Not so for the weakest players. S&P describes the likelihood of payment from firms such as Qwest Communications (NYSE: Q) and Charter Communications (Nas- daq: CHTR). w~i~h owe mOl:e than $6 billion and $1 billIon, respectively, maturing by 2005, as "worrisome to highly dG.lJb.k!'uL". . Telecom has sutlcred greatly these past several year~. Der~land fo~' products and services val1lshed Just as fIrms com- pleted extensive I~etwork upgrades financed by massIve debt. The saddest part of this saga i~ that fraud se~ms to have taken a he,lVIer toll on the fmns that played fairly as they struggled t<? keep up with the phantom .growth of their unscrupulous competitors. ~hose same competitors are now emergmg from bankruptcy debt-free. Cheats such as WorldCom (now emerging from bankruptcy) are in ;~ better position to compete than before. Worse. their defaults have soured th~ credit markets on the industry, makmg it difficult for the honest firms to get funding. With few options, the weakest play~rs will scurry to renegotiate debt maturi- ties or sell assets. More defaults and bankruptcies are likely. Be. careful in this suffering sector - or .lust stay away. s - 2r;-C13 De,[L V nS ~11 Cf VI J r C r '1 y Cv-VJ VI L- / I P/d-q~.t- V'L;d Cdt-U.L-~l'" ~WS fC1fe.-V- C{ v 7-1 c.1 e. Tv-rJ m I It ~1 S ill VI Jiiy ~ V (/ Y (j(;] 1) <fZ9- Ij-f IV Z. 45 ~ In.,) ~vt) ~h f'PV' tL"Vj fl11 t tv ~SCfA'~ Tk h )ViZ--t c-v; 5~5 t-L,1Ilt {4.v..(. 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