HomeMy WebLinkAbout2008-1104 Documents Submitted at Meeting
RESOLUTION NO. ~ 008' ' 31
A RESOLUTION OF CITY OF ASHLAND, JACKSON COUNTY,
OREGON, AUTHORIZING THE ISSUANCE OF WATER REVENUE
BONDS FOR A TOTAL OF NOT TO EXCEED $5,975,000, AND
PROVIDING FOR PUBLICATION OF NOTICE.
BE IT RESOLVED by the City Council (the "Council") of the City of Ashland (the "City") that:
Section 1. Findings
The Council finds as follows:
1.1 It is financially feasible and in the best interests of the City to authorize the issuance of
bonds under ORS 287 A.150 to finance improvements, property acquisition and other public
purposes related to the water system including reservoir improvements and water rights for the
supply system, water plant process and filter improvements in the treatment system, and water
lines; water line upsizing, and reservoirs for fire flows in the distribution system, and to pay all cost
incidental thereto (the "Projects").
1.2 The City is authorized to issue revenue bonds for any public purpose under ORS 287 A.150
(the "Act"). Revenue bonds issued under the Act may be payable from all or any portion of the
revenues and other funds of the City's water system (the "Revenues").
1.3 It is desirable to obtain $5,975,000 of bonding authority to finance the Projects.
1.4 The City has. previously issued water revenue bonds under the City's. Master Water
Revenue Bond Declaration.
Section 2. Bonds Authorized
The City hereby authorizes the issuance of not more than Five Million Nine Hundred Seventy-five
Thousand Dollars ($5,975,000) in aggregate principal amount of revenue bonds to finance the
Projects and pay related costs. The bonds authorized by this resolution (the "Bonds") shall be
issued and sold in accordance with the Act, and shall be payable solely from the Revenues which
the City pledges to pay the Bonds.
Section 3. Notice; Procedure
3.1 No Bonds may be sold, and no purchase agreement for the Bonds may be executed, until at
least sixty (60) days after publication of the Notice of Revenue Bond Authorization, which is
attached to this resolution as Exhibit "A" (the "Notice"). The Notice shall specify the last date on
which petitions may be submitted, and shall be published in at least one newspaper of general
circulation in the City in the same manner as are other public notices of the City.
3.2 If petitions for an election, containing valid signatures of not less than five percent (5%) of
the City's electors, are submitted to the City by the date indicated in the Notice: the question of
issuing the Bonds shall be placed on the ballot at the next legally available election date; and, no
Page 1 of 4
Bonds may be sold under Section 5 of this resolution until the question of issuing those Bonds is
approved by a majority of the electors of the City who vote on that question. If sufficient petitions
to refer the question of issuing the Bonds to the electors are not submitted to the City within 60
days after the notice is published the City may sell the Bonds pursuant to Section 5 of this
resolution.
Section 4. Bonds Payable Solely from Revenues
The Bonds shall not be general obligations of the City, and neither the authorization nor issuance
of the Bonds shall authorize the City to levy any additional taxes. The Bonds shall be payable
solely from the portion of the Revenues which the City pledges to payment of the Bonds.
Section 5. Delegation.
After the City is authorized to sell the Bonds in accordance with Section 3 of this resolution, the
City Administrator, the Finance Director, or the person designated by the City Administrator to
act as Finance Director under this resolution (any of whom is referred to in this resolution as a
"Finance DireGtor") may, on behalf of the City and without further action by the Council:
5.1 Provide that the Bonds may be issued in one or more series, which may be sold at different
times.
5.2 Issue one or more series of Bonds as "Parity Obligations" under the Master Water
Revenue Bond Declaration.
5.3 Issue one or more series of the Bonds to provide interim financing for the Project, secure
those Bonds with subordinate liens on the Revenues, enter into lines of credit or similar
documents which permit the City to draw Bond proceeds overtime, and issue Bonds to
refund the Bonds that provide interim financing for the Project.
5.4 Participate in the preparation of, authorize the distribution of, and deem final the
preliminary and final official statements and any other disclosure documents for each
series of the Bonds.
5.5 Establish the fmal principal amounts, maturity schedules, interest rates, sale prices,
redemption terms, payment terms and dates, record dates and other terms for each series of
the Bonds.
5.6 Select one or more commercial banks or underwriters and negotiate the sale of any series
with those commercial banks or underwriters, or publish a notice of sale, receive bids and
award the sale of each series to the bidder complying with the notice and offering the most
favorable terms to the City.
5.7 Undertake to provide continuing disclosure for any series of the Bonds in accordance with
Rule 15c2-12 of the United States Securities and Exchange Commission.
5.8 Apply for and purchase municipal bond insurance or other forms of credit enhancement
for any series of the Bonds, and enter into related agreements.
Page 2 of 4
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5.9 Amend the Master Water Revenue Bond Declaration to adapt it to current market
conditions.
5.10 Finalize the terms of, execute and deliver bond declarations that describe the terms of each
series of the Bonds. The bond declarations may also contain covenants for the benefit of
the owners and any insurers of the Bonds.
5.11 Appoint and enter into agreements with service providers for the Bonds.
5.12 Determine whether each series of Bonds will bear interest that is excludable from gross
income under the Internal Revenue Code of 1986, as amended, or is includable in gross
income under that code. If a series bears interest that is excludable from gross income
under that code, the Finance Director may enter into covenants to maintain the
excludability of interest on that series of the Bonds from gross income.
5.13 Execute any documents and take any other action in connection with the Bonds which the
Finance Director finds will be advantageous to the City.
This resolution was duly PASSED and ADOPTED this
2008, and takes effect upon signing by the Mayor.
, day of
Barbara Christensen, City Recorder
SIGNED and APPROVED this
day of
, 2008.
John W. Morrison, Mayor
Reviewed as to form:
Page 3 of 4
- - ------- -- --T
Exhibit A
Notice of Revenue Bond Authorization
NOTICE IS HEREBY GIVEN that the City Council of the City of Ashland,
Oregon (the "City"), adopted Resolution No. on November 4,2008, authorizing the
issuance of revenue bonds to finance improvements, property acquisition and other public
purposes related to the water system including reservoir improvements and water rights for the
supply system, water plant process and filter improvements in the treatment system, and water
lines, water line upsizing, and reservoirs for fire flows in the distribution system, and to pay all
cost incidental thereto (the "Projects").
The revenue bonds described in this notice will not be issued in an aggregate
principal amount of more than Five Million Nine Hundred Seventy-five Thousand Dollars
($5,975,000). The bonds shall be payable solely from the portion of the revenues and other
funds of the City's water system that the City pledges to the payment of the bonds. The bonds
shall not be general obligations of the City, nor a charge upon its tax revenues, but will be
payable solely from the revenues which the City pledges to the payment of the bonds.
If written petitions requesting an election on the issuance of the bonds, signed by
not less than five percent (5%) of the City's electors, are filed at the Office of the City Recorder
on or before ,2008 (the 61st day after the date of publication of the notice), the
question of issuing the bonds shall be placed on the ballot at the next legally available election
date.
The Office of the City Recorder is located at 20 East Main, Ashland, Oregon
97520.
The resolution authorizing the bonds is a.vaila.ble for inspection at the Office of
the City Recorder.
The bonds will be issued and sold under the Act; this Notice is published pursuant
to ORS 287A.150.
By order of
THE CITY COUNCIL OF CITY OF ASHLAND,
Jackson County, Oregon
Page 4 of 4
Exhibit A to Resolution
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HAND DELIVERED & READ INTO RECORD
~ ~ Pit
SaJJ nUiJrJ If It! I D f
November 4th, 2008
Ashland City Council
20 East Main Street
Ashland, OR 97520
Subject: City Acquisition of 10 acre Clay Street Property
I would like to say thank you to the Ashland Housing Commission, Planning
Commission, Council, Community Land Trust and individuals such as Brandon
Goldman, Bill Molnar and the property owner Doug Irvine for their extensive time and
commitment to providing Ashland with needed affordable housing. Not only is the site a
great place to live due to its close proximity to Ashland's various levels of schooling, the
surrounding diverse recreational opportunities or the many essential services within a five
minute walk, but it is physically perfect land to develop and service for multi-family
housing.
Considering the amount of energy spent and dialogue about affordable housing over the
last 25 years - from various Comprehensive Plan Policies, Development Regulations and
"talk on the street", the opportunity to co-develop this 1 0 acre property for affordable
housing and public recreational space, in partnership with the Jackson County Housing
Authority, the YMCA and the Park's Commission, really is the type of partnerships we'll
need to have in order to create these opportunities and address long range sustainability
goals.
Finally, although I have not read the two appraisers' reports, it appears both appraisers
didn't factor in a few important financial variables about this property.
1) I know of no other residential "single" property of this size or "group" of residential
properties under single ownership within City limits that is zoned for this type of density
and can achieve enough cost/benefit efficiencies to make affordable housing financially
feasible.
2) The reports do not appear to take into consideration actual density provisions which
permit anywhere from 135 units up to 169 units.
3) The property is within City limits and was annexed just a few years ago. The process
alone for annexation is costly, timely and un-predictable.
4) Significant Civil Engineering went into the current subdivisions on and off-site
planning that can be used under a new development scheme.
5) The wetlands, trees, traffic studies, geotechnical reports, consumption analysis have
already been delineated, documented, and approved from the various State and local
entities.
------r -- -
All of these items hopefully have been considered by the appraisers as they are real and
tangible assets. Regardless, for the price that's being considered, these items are essential
for the decision makers to understand as they are very very beneficial.
Sincerely,
Mark Knox
485 W. Nevada Street
Ashland, OR 97520
541-821-3752
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v;;'Mi11r4 'LIef/bY
www.oregonaction.org
November 4, 2008
To Ashland Mayor and City Council
State Headquarters
6601 NE Martin Luther King Blvd.
Portland, OR 97211
Phone: 503-282-6588
Fax: 503-282-7266
Oregon Action strongly endorses the Clay Street affordable housing
project that you have before you for a vote to,!-ight.
Rogue Valley
33 N. Central, #303
Medford, OR 97501
Phone: 541-772-4029
Fax: 541-772-0355
Staff
Jo Ann Bowman
Executive Director
Cassandra Garrison
Director of Organizing
Rich Rohde
Organizer
Ron Williams
Organizer
Steve Mayes
Office Manager
Lamonte Florence
Small Business Outrach
As a grassroots, social justice, community organization we have long
supported and worked for quality, affordable housing in southern
Oregon. Like the City of Ashland, we belong to the Housing Alliance,
working statewide for housing policies that will provide opportunities for
families to build better lives. VYe believe that hard-working people
should be able to afford housing and still have money left for food and
basic necessities.
Here are some of the reasons why we support this project:
Board of Directors
Clayborn Collins, President
Kayse Jama, Vice President
Nancy Golden, Secretary
Andrea Miranda, Treasurer
E.J. Penn, Political Secretary
Josie Michael, Field Secretary
RuthAlice Anderson,
Communication Secretary
Debra Lindsay, Development Ch.
Steve Barnes, At-large Rep.
Bev Deleonardis, RV Chair
David Jones Bell, Portland Chair
Chuck Koch
Smoki Donaldson
Ulanda Watkins
Katherine Pfeiffer
Kristy Alberty
1. Ashland has long had a demonstrable need for rental housing for our
working families. The Clay Street project offers a unique opportunity to
build housing for working families who work in our service sector at
incomes from 30 to 60 percent Area Median Income (AMI).
2. The fact that we have closed two elementary schools emphasizes a
serious demographic imbalance in our community. Providing more
affordable family housing will help correct this imbalance.
3. The Housing Authority of Jackson County has an excellent record for
quality housing that is a positive resource for our community.
4. With transportation, schools, parks, andshoppingall nearby, the
project's location, size, and scale meet best-practice goals for developing
strong communities.
5. The economics of this project will provide a huge multiplier effect for
our local economy at a time when all aspects of construction an-d housing
need a boost.
6. With this project, Ashland will have a successful model housing
project that will show our own community that it is, in fact, possible to
build quality, affordable homes for our Ashland families.
7. As the state housing programs grow this coming year, Ashland will be
better situated to receive future funding based on the quality of this first
project.
~~
Bev DeLeonardis Chair
Rogue V alley Oregon Action
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Clay Street Housing
Housing Authority of Jackson County
The Proiect
.
60 Units
12 - One Bedroom Units
38 - Two Bedroom Units
10 - Three Bedroom Units
$453/Mo
$543/Mo
$620/Mo
. Term of Affordability - 40 Years
Tar2et Population
. Families
. Households w/Income 300/0 - 60% AMI
· Household of Four Eligible Up to $31,7 40/year
. Project Will House Between 82 - 106 Children
Market Area
· Primary Market Area - Ashland & Surrounding Area
Households Currently Living and Working in Ashland
· Secondary Market Area - Medford & Surrounding Area
Households Commuting to Ashland for Work
Market Need
· 2000 Census - 1,178 Households with Income 30%-60% AMI
922 30-60% Renter Households were Rent Burdened
· 2007 - Estimated 1,330 Households with Income 30%-60% AMI
1017 Rent Burdened 30-60% Renter Households in 2007
. Ashland is ranked lSTH Most Rent Burdened Community Among
134 Cities and Counties in Oregon
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Barbara christensen - Cia Street
From:
To:
Date:
Subject:
"Steve Ennis" <steveennis@uci.net>
<russ@council.ashland.or.us>
11/4/2008 12:26:26 PM
Clay Street
Russ,
I hope you are doing well and have good fortune with today's election. Lisa
and I were certainly happy to display one of your lawn signs.
. As you may know, I am on the Board of the ACL 1. For the past several years I
have been contributing my time and professional expertise to help with the
terrible affordable housing situation in Ashland. I have designed two
3-Bedroom units for Bridge Street, which we hope to have Habitat build next
year. The Clay Street property to be discussed at the public hearing tonight
is the best single project to address the issue that I have seen. In one
decision, year's worth of affordable units for sale and rental could be
approved. I would appreciate your support, for this significant and important
project. I will not be able to attend the meeting tonight, but will watch
from home to see how it goes.
Thank you for all your time and efforts on behalf of the citizens of
Ashland, which hopefully will continue after today's vote.
Steve Ennis
Steve Ennis Architect
P.O. Box 4051'
Medford, OR 97501
Tel (541) 618-9155
Fax (541) 618-9156
Cell (541) 601-9480
<mailto: steveennis@uci.net> steveennis@uci.net
Pa
(i~ u Pit
~~ItW11J /IN/of
Pa
From:
To:
Date:
Subject:
Ruth Alexander <ruthalexander@opendoor.com>
; <russ@council.ashland.or.us>
11/3/2008 5:44:48 PM
Clay Street Property
() Jill" SrI- R It
~ {l/f/Uf
To the Mayor and the Ashland City Councilors (Hi RUss),
The Clay Street property is in many ways an ideal property for the
city to acquire. It very suitable for a mix of park land and housing,
and it is my understanding that about sixty of the housing units will
be in the affordable housing category. This is EXACTLY what our town
needs, because our schools need more children, our town needs a place
for city and school district employees to live, and Ashland needs
affordable rentals.
Please do consider all the variables before making this very important
decision. Acquisition of the Clay Street property will help Ashland
survive these economic hard times, and speaking as someone who is very
concerned about our schools' declining enrollment, the proposed
affordable housing units will definitely revitalize our town. We are
looking at a high school with fewer than 900 students if we don't do
something soon.
I know you have to make tough decisions all the time. I hope you will
consider the future of our schools in this decision.
Yours,
Ruth Alexander
From: Heidi Parker <parkershames@gmail.com>
To: <david@council.ashland.or.us>, <john@council.ashland.or>,
<eric@council.ashland.or>, <russ@council.ashland.or.us>, <kate@council.ashland.or.us>,
<alice@council.ashland.or.us>, <cate@council.ashland.or.us>
Date: 11/4/2008 12:51 :50 AM
Subject: Clay Street land Exchange
Barbara christensen - Cia Street land Exchan e
Dear Mayor and Ashland City Council Members,
My name is Heidi Parker and I live at 344 Bridge Street in Ashland. I
am currently the Vice Chair of the Ashland School Board, however I am
writing to you not as a representative of the Board, but rather as a
citizen of Ashland.
When I read that you were considering the acquisition of the Clay
Street property to use for affordable housing, I became very excited.
The potential for providing more affordable housing for our
community's work force is something that is urgently needed. This
year our school district's Kindergarten enrollment dropped to a new
low of 117, down from 163 a year ago, and we are down almost 100
students this year, district-wide. If we are to have a healthy,
sustainable community, we must have better options for housing in
order to attract and keep younger families. An informal survey of our
staff last year identified 19 teachers who said they would move to
Ashland if more affordable housing were available, and 15 of them have
34 children amongst them.
When the City Council, School Board and Parks Department shared a
series of meetings together a few years ago, the top priority of all
three bodies was to create more work force housing. It has taken all
this time for an opportunity such as the Clay Street land Exchange to
arise. The fact that the Housing Authority of Jackson County wants to
develop the property is just the kind of reliable partnership ~e
should all embrace! Opportunities like this come along only rarely.
Your staff has done its homework in recommending this project to you;
the creativity it took to piece this together is admirable. The school
district has neither the time, expertise nor money to put together
such a package as you have before you. It is vital to the future of
our community and Ashland's future children that you have the courage
to embrace the Clay Street plan. I urge you to support it.
Thank you for your time and your service to our community.
Sincerely,
Heidi Parker
------,---- -
Barbara christensen - Re: Comment to the council Plz
'St. land swa matter
Pa
~~ Pt+
5<J? s\utb d "/ell of
From:
To:
Date:
Subject:
John Gaffey <gaffey@charter.net>
<comment_to _the _ council@list.ashland.or.us>
11/4/20083:36:10 PM
Re: [Comment_to_the_council] Plz postpone Clay St. land swap matter
Kate,
I will argue that the interests of the unspecified "multiple
participants each with their own concerns and timelines" don't equal
or trump the interests of the public, who assets are under
discussion. Given that there is no demonstrable public majority
support for public funding of affordable housing here in Ashland, nor
is there any demonstrable evidence that the public has evinced any
sense of urgency about going ahead with this matter of disposing of
their property, the minority interests of the multiple participants,
Le., city staff in favor of affordable housing, should subordinate
to the needs of the public to have a more suitable forum at which to
speak to this matter.
In any case, please put on record my opposition to this swap.
Cheers,
John Gaffey
637 Oak St.
Ashland, OR
On Nov 4, 2008, at 12:22 PM, Kate Jackson wrote:
> John, Graham, et al.
>
> I appreciate your concern about Council holding a public hearing on
> election night. I spoke with Council about this last week and
> although we each might prefer to be somewhere else on this
> particular night, the business of the City does go on. We always
> meet on every election night, simply because our regular meetings
> are on Tuesdays. That this particular election night is more
> exciting and portentious than most might argue for deferring
> actions that are not timely. However, the Clay Street exchange has
> been in the works for months. It is, as with almost all affordable
> housing proposals, constrained by multiple participants each with
> their own concerns and timelines.
>
> Council has been particularly careful to ensure that all written
> comments on the Clay Street proposal are included in the public
> record. If you cannot come to the meeting tonight, I encourage
> everyone to put their thoughts in writing and submit them on paper
> or electronically.
>
> Thank you very much for your active participation in the governance
> of our City.
>
> Sincerely,
> Kate Jackson
>
----T --
rbara christensen - Re:
St. land swa"matter-"--~--<'~'-'"<<'''.<<%' ''''p'aw'^e@
> ----- Original Message -----
> From: "Graham Lewis" <glewis@97520.net>
> To: "John Gaffey" <gaffey@charter.net>
> .Cc: "comment to the council"
> <comment_to _the _ council@list.ashland.or.us>
> Sent: Tuesday, November 4, 2008 5:22:20 AM GMT -08:00 US/Canada
> Pacific
> Subject: Re: [Comment_to_the_council] Plz postpone Clay St. land
> swap matter
>
>
> I echo the sentiments of Mr. Gaffey.
>
> However, should you go forward with the untimely public hearing,
> please note my favoring the housing and park on Clay Street.
>
> Graham Lewis
>
>
> On Mon, Nov 3, 2008 at 7:07 PM, John Gaffey < gaffey@charter.net >
> wrote:
>
>
> Council,
>
> When I first saw several weeks ago that the Clay St. affordable
> housing land swap was on the agenda for Nov. 4th, I figured that
> someone would notice that that was election night and reschedule the
> discussion for a more appropriate time. I see that the matter is
> still set for election night tomorrow. I respectfully request that it
> be postponed until such time as it will have the community's
> undivided attention, as it deserves.
>
> John Gaffey
>
> Comment_to_the_council mailing list
> Com ment_ to_the _ council@list.ashland.or.us
> http://list.ashland.or.us/mailmanllistinfo/comment_ to_the _council
>
>
>
>
> Comment_to_the_council mailing list
> Comment_to_the_council@list.ashland.or.us
> http://list.ashland.or.us/mailmanllistinfo/comment_ to_the _council
Comment_to_the_council mailing list
Comment_to _the_ council@list.ashland.or.us
http://Iist.ashland.or.us/mailman/listinfo/comment_ to_the _ cou ncil
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.suj,"NJ:b:~ 1\/ DLf 'of
To: Mayor John Morrison and the Ashland City Council
From: Aaron Benjamin
Subject: Acquisition of Clay Street Property
I believe that the arguments made by the city staff are sufficient to allay any concerns
about t he economic viability of the subject project.
In my opinion, this project represents a unique opportunity for the City to take a major
step toward achieving affordable/workforce housing goals.
Based upon Jackson County Housing Authority positive accomplishments, particularly
the 80 unit Maple Terrace project in Central Point, its Clay Street proposed project on 4
of the 10 acre site would provide a showcase, in terms of design, planning and easy
access to transportation, retail services, recreational and community facilities, all within
walking distance of the site.
In addition to the 60 units to be built by the Housing Authority on the 4 acre site, 6 acres
would remain, of which 3.75 would be reserved for potential park development, .25 for
wetlands and 1.25 set aside for the construction of approximately 20 more residential
units.
If this transaction does not go ahead, the present owner would probably proceed with the
construction of 100 or more market rate units, using the entire 10 acres. with 10% of the
units would be set aside for affordable housing. At the same time, the City would retain
the parcels on Strawberry and the Lithia Way parking lot, as is, since present market
conditions are probably not conducive to sale and development.
In conclusion, this project represents a one time opportunity to provide a large number of
affordable rental units simultaneously. especially since no private or other non profit
developer has currently chosen to build rental units, particularly in a bad housing market.
Therefore, I strongly recommend that the Council approve an agreement to acquire the
subject 10 acre parcel on Clay Street for the stated purpose of providing land for a public
park and an affordable housing project in partnership with the Jackson County Housing
Authority .
Sinoc<- -/ ~ ~
Aaron L. Benjamin
740 Emigrant Creek Rd., Ashland
November 4, 2,008
^
~
Community
HEALJH CENTER
flg,,- - ~ ptf
~Mi1Ja. 11/4/0[
November 2, 2008
Scott Foster
Executive Director
Housing Authority of Jackson County
2251 Table Rock Road
Medford, OR 97501
Dear Mr. Foster,
Community Health Center is pleased to write in support of the Housing Authority of Jackson County's efforts to
develop sixty units of Workforce Housing in the City of Ashland. We commend the Housing Authority and the City
of Ashland on the partnership they have forged through which the property to build the housing complex will be
purchased. Completion of this project will enable the City of Ashland to take a major step forward in implementing
its strategic objective to provide housing to all income ranges, especially working families earning less than 60% of
the Area Median Income.
Community Health Center has provider primary and preventive health care services in Ashland since 1972. Over the
course of our 36 year history, we have served in excess of 50,000 low income residence of Ashland who are in daily
need of affordable housing. As we have watched the fabric of the community change and access to affordable
housing diminish, we have become increasingly concerned with the negative health effects experienced by the low
income families who call our Ashland clinic site their medical home. At times, when our clients must decide to pay
their rent or purchase needed medications or nutritious food, the lack of affordable housing options can be life
threatening. Some will say, let them move to a less expensive community, to which I reply, if they move, where will
we find the workers to run our businesses.
The issues associated with the lack of an adequate supply of affordable housing is well documented and most
complex. Answers to the myriad complexities can only be found when new units of affordable housing are made
available in all communities. The Housing Authority of Jackson County is a well known community provider of
affordable housing with whom we encourage the City of Ashland to partner in bringing this project to fruition.
In thanking the Housing Authority for their vision and the City of Ashland for their courage and support in moving
this proj ect forward, I remain,
Very truly yours,
Peg Crowley, RN, MPH
Executive Director
99 Central Avenue
Ashland, OR 97520
Appointments: 482-9741
Fax: 488-6141
.
19 Myrtle Street
Medford, OR 97504
Appointments: 773-3863
Fax: 776-2892
.
8385 Division Road
White City, OR 97503
Appointments: 826-5853
Fax: 826-5843
fI'IItOM .........~.
CMOH)HOV . aoo. ,.._,.T. '...4,.... 'nIOOOOOCIeo It .
Pathway -
Enterprises, IDe.
November 3. 2008
Scott Fosler. ED
Housiaa Authority of JaaboD Couaty
Medford, Oreaon 97501
Dear Mr. FOlIa'.
This letter Is in support of the HAJC's effortI in providiDg 8flbrdable bouIiDa in the City
of AsbI..t.
Palhway BDterpriICl, IDe.. . not-lor-profit tbat lupportJ Idults with cIevelopmeatal
disabilities. awau," the strugIes of its empIo,ees 8Dd clieate1e who IIrive to Bw in the
~8h1aftd commUDity. We welcome tho Housiaa Autbmity'l effortI to provide 60 uoits of
WorkfOIce H01IIiD& iD die City of A..... This pmJect becomeImcn crucial. tho
COIDJDute to ~1Ih'.d from other communities becomes I.. WIble due to ~
1I1D1portatiOll COllI.
The City of A""and will benefit an=adY by this project.
E'~.aa~
Pathway ~ IDe.
655 WIlbiDatoa StIeIt
AIbIIDd. Oregon 97520
CoIa.unlty latep'ltioa · Supportedlmp1oylnent · Supported Uvlral · Ccnunudty Llvlftl
Qualified RehalHHtallan FacUlty
AclmiaWratl". Of8ce
722 Jeffenloa AYeaue Albland, Ore.. 9'1S2O SlLC88.1536 MIA81.5911 (fax)
------r---
'(11/4/2()()8)Brandon Goldman~SWAp - remember "Ps rMoon"?
Page 1 I
From:
To:
CC:
Date:
Subject:
"Colin Swales" <colinswales@gmail.com>
<com ment_to _the _ council@list.ashland.or.us>
"Brandon Goldman" <goldmanb@ashland.or.us>, <reidl@ashland.or.us>
11/4/2008 9:53 AM
SWAP - remember "Paper Moon"?
For the Record:
PUBLIC HEARING ON PROPOSED LAND SWAP.
Mayor and Council,
(cc Brandon, Linda)
Firstly, I would like to thank Senior Planner, Brandon Goldman
and Housing Program Specialist, Linda Reid for generously taking the
time to explain to me the Clay Street land swap deal in detail last
week.
I'm sure many citizens share my concern that when City contemplates
swapping some of its property with that owned by an experienced real
estate developer, that the Council's fiduciary responsibility of
looking after the City's funds is given all due consideration.
L1THIA WAY LOT
It's indeed a shame that the developer reneged on his promise to .
build affordable units on the (freely offered) Lithia Way lot.
I seem to recall the prescient Councilor Hartzell saying originally
that such prime downtown commercial real estate was perhaps not as
suitable for affordable housing projects as less valuable,
residentially-zoned, property further out, and that City-owned
property does need to realize its "highest and best use"
We now find ourselves in exactly back in this situation with the
proposed Clay St. property swap.
Sadly, I get the feeling that the appraiser hired to value the City's
lot on Lithia Way seems not fully conversant with the Ashland market
or its zoning codes.
She arrives at a value for the C1-D City lot at only $50 per sq. ft.
while the C-1 lots opposite ("Ashland's Finest Address") are currently
seeking up to $243 per sq.ft. (Note: NOT the $235/ ft. she states)
As, unfortunately, luxury residential condos seem to be the main
driver in this area, she also fails to point out that the permitted
residential density in C1-D is 60 units/per ac. - compared with only
30/ac. in C-1. Nor does she acknowledge that on-site parking does not
have to be provided in C1-D, thereby allowing intensive uses such as
restaurants and bars that are often not possible in C-1 due to the
extremely high parking demand.
She further states that she was "not aware of any other sales in {the}
Ashland central business district".
Yet way back in 1999 the nearby tiny property (0.5 ac.) at 11 First
St. ( Paper Moon coffee house) sold for $196,500 and a few years later
its contributing historic building was demolished - an extra cost.
Even if one uses the old $90/sq ft. sales price of that property it
would put the city lot (which could easily be partitioned into 3 lots
(11/4/2008) Brandon Goldman - swAp - remember "Pa r Moon"?
Pa 2
@ possibly 3 residential units each) at $627,300. total. (This is
without adjusting for the 9-yr..price increase and subsequent
demolition costs incurred at the Paper Moon site). This lot is now
currently being developed.
No wonder Mr. Irvine is willing to offer $500,000 for the City's
downtown lot rather than the paltry $300,000 "appraised" value.
So I would suggest that if the maximum value is to obtained for the
city property then it should be withdrawn from the deal, perhaps
partitioned, and if necessary maybe sold on the open market when
conditions improve.
CLAY STREET PROPERTY
I realize that is often loss-making proposition for a private
developer to build deed-restricted "affordable" units.
If Mr Irvine does not want to build the required "affordable" housing
component as part of his approved development at Clay Street, perhaps
he could simply donate a portion (15 - 35%?) of his property per ALUO
18.106.030 G.(5)...
"5. Title to a sufficient amount of buildable land for development is
transferred to a non-profit (IRC 501 (3)(c)) affordable housing
developer or comparable Development Corporation for the purpose of
complying with subsection 2 above. The land shall be located within
the project and all needed public facilities shall be extended to the
area or areas proposed for transfer. Ownership of the land shall be
transferred to the affordable housing developer or Development
Corporation prior to commencement of the project."
[Note. Similarly, Russ Dale's 6-unit required affordable component at
the nearby Bud's Dairy Subdivision that STILL remains a vacant lot
after the annexation]
So it would seem there is still some more work to do on this project.
With the housing market in the tank and credit extremely tight, and
many developers really hurting, perhaps there is no immediate hurry?
Wishing all those involved in today's election the very best.
Colin Swales
--r-- -
To the Mayor and the Ashland City Councilors,
The Clay Street property is in many ways an ideal property for the city to acquire.
It very suitable for a mix of park land and housing, and it is my understanding that
about sixty of the housing units will be in the affordable housing category.
This is EXACTLY what our town needs, because our schools need more
children, our town needs a place for city and school district employees to live,
and Ashland needs affordable rentals.
Please do consider all the variables before making this very important decision.
Acquisition of the Clay Street property will help Ashland survive these economic
hard times, and speaking as someone who is very concerned about our schools'
declining enrollment, the proposed affordable housing units will definitely
revitalize our town. We are looking at a high school with fewer than 900 students
if we don't do something soon.
I know you have to make tough decisions all the time. I hope you will consider
the future of our schools in this decision.
Yours,
Ruth Alexander
11/4/2008) .Brandon Goldman - Clay Street eLand Exchan e
Page 1 i
From:
To:
Date:
Subject:
Heidi Parker <parkershames@gmail.com>
<goldmanb@ashland.or.us>
11/4/200811:25AM
Clay Street Land Exchange
Dear Brandon Goldman,
Please read my enclosed letter into the Public Record at tonight's
Ashland City Council meeting as I am unable to attend.
Thanks so much,
Heidi Parker
Dear Mayor and Ashland City Council Members,
My name is Heidi Parker and I live at 344 Bridge Street in Ashland. I
am currently the Vice Chair of the Ashland School Board, however I am
writing to you not as a representative of the Board, but rather as a
citizen of Ashland.
When I read that you were considering the acquisition of the Clay
Street property to use for affordable housing, I became very excited.
The potential for providing more affordable housing for our
community's work force is something that is urgently needed. This
year our school district's Kindergarten enrollment dropped to a new
low of 117, down from 163 a year ago, and we are down almost 100
students this year, district-wide. If we are to have a healthy,
sustainable community, we must have better options for housing in
order to attract and keep younger families. An informal survey of our
staff last year identified 19 teachers who said they would move to
Ashland if more affordable housing were available, and 15 of them have
34 children amongst them.
When the City Council, School Board and Parks Department shared a
series of meetings together a few years ago, the top priority of all
three bodies was to create more work force housing. It has taken all
this time for an opportunity such as the Clay Street Land Exchange to
arise. The fact that the Housing Authority of Jackson County wants to
develop the property is just the kind of reliable partnership we
should all embrace! Opportunities like this come along only rarely.
Your staff has done its homework in recommending this project to you;
the creativity it took to piece this together is admirable. The school
district has neither the time, expertise nor money to put together
such a package as you have before you. It is vital to the future of
our community and Ashland's future children that you have the courage
to embrace the Clay Street plan. I urge you to support it.
Thank you for your time and your service to our community.
Sincerely,
Heidi Parker
LETTERS FROM THE COUNCIL LISTSERVE
To Ashland City Council members,
The Clay Street property Land Exchange on the agenda for the Nov 4 council
meeting is a critical step for Ashland to fundamentally address our affordable
housing needs. As a long time Ashland resident and supporter of affordable
housing so that we can build a strong, diverse community that we all want, I am
strongly in support of the staff recommendations that this Land Exchange go
forward.
For years we have made affordable housing a priority goal for our city, and have
developed a Housing Commission, a new housing trust fund, and other policies
to make the difficult but doable goal of affordable housing work. Now we have a
chance to do a project in partnership with the Housing Authority that is a unique
and far reaching. We will be able to get 60 units that reach families with 60%
AMI. A goal that housing advocates and supporters have dreamed we could
reach.
Knowing that affordable housing work is difficult and each project will will be
complex including many partnership it is critical that city council decision-makers
be able to keep your eyes on the prize. We don't want to be turned around by
opponents who are only looking at their short run issues. This Clay Street
project can be the jump start of a model city affordable housing program.
Please support the Housing Commission, city staff and all the citizens of Ashland
who have worked and dreamed for diverse, affordable housing to be a part of our
community.
Thank you for your past support of our housing goals and please vote yes to
move this wonderful housing opportunity forward.
Rich Rohde
124 Ohio
Ashland, 488-0447
Council,
When I first saw several weeks ago that the Clay St. affordable
housing land swap was on the agenda for Nov. 4th, I figured that
someone would notice that that was election night and reschedule the
discussion for a more appropriate time. I see that the matter is
still set for election night tomorrow. I respectfully request that it
be postponed until such time as it will have the community's
undivided attention, as it deserves.
John Gaffey
I echo the sentiments of Mr. Gaffey.
However, should you go forward with the untimely public hearing, please note
my favoring the housing and park on Clay Street.
Graham Lewis
Kate,
I will argue that the interests of the unspecified "multiple
participants each with their own concerns and timelines" don't equal
or trump the interests of the public, who assets are under
discussion. Given that there is no demonstrable public majority
support for public funding of affordable housing here in Ashland, nor
is there any demonstrable evidence that the public has evinced any
sense of urgency about going ahead with this matter of disposing of
their property, the minority interests of the multiple participants,
Le., city staff in favor of affordable housing, should subordinate
to the needs of the public to have a more suitable forum at which to
speak to this matter.
In any case, please put on record my opposition to this swap.
Cheers,
John Gaffey
637 Oak St.
Ashland, OR
"
ORDINANCE NO.
AH ORDINANCE AMENDING THE ASHLAND LAND USE ORDINANCE
TYPE III PROCEDURES CHAPTER (AMC 18.108.060) CONCERNING
GENERAL STANDARDS FOR AFFORDABLE HOUSING IN ZONE CHANGES
Annotated to show doletieR6 and additions to the code sections being modified.
Deletions are bold · and additions are in bold underline.
WHEREAS, Article 2. Section 1 of the Ashland City Charter provides:
Powers of the City The City shall have all powers which the constitutions,
statutes, and common law of the United States and of this State expressly or
impliedly grant or anow municipalities, as fully as though this Charter specifically
enumerated each of those powers, as well as all powers not inconsistent with the
foregoing; and, in addition thereto, shall possess all powers hereinafter
specifically granted. All the authority thereof shall have perpetual succession.
WHEREAS, the above referenced grant of power has been interpreted as affording all
legislative powers home rule constitutional provisions reserved to Oregon Cities. City of
Beaverton v. International Ass'n of Firefiahters. Local 1660. Beaverton Shoo 20 Or.
,App. 293; 531 P 2d 730, 734 (1975); and
WHEREAS the City of Ashland recognizes that under Goal 1 0 of Oregon's Statewide
Planning Goals & Guidelines (OAR 660~015-0000(10)) that jurisdictions shall encourage
the availability of adequate numbers of needed housing units at price ranges arid rent
levels which are commensurate with the.financial capabilities of Oregon households and
allow for flexibility of housing location, type and. density; and
WHEREAS, the City of Ashland Comprehensive Plan, including the Housing Element,
establishes the goal of ensuring that a variety of dwelling types housing opportunities
are available for the total cross-section of Ashland's population, consistent with
preserving the character and appearan.ce of the City; and
WHEREAS the City of Ashland. City Council recognizes that for a healthy community
the provision of a range of affordable housing is a top priority for the City of Ashland;
and
WHEREAS, the City Council of the City of Ashland has determined that neither the
private market, nor the public sector, has yet provided the levels of housing affordability
necessary to maintain a balanced community, local government must take an active
lead to ensure an adequate supply of housing for residents and working people of all
income levels;
WHEREAS, the City of Ashland Planning Commission considered the above-referenced
Page 1 of 5
".
ordinance amendments and recommended approval to the City Council on August 12,
2008; and
WHEREAS, the City Council of the City of Ashland conducted a public hearing and First
Reading on the above-referenced amendments on October 21, 2008, and conducted
and approved Second Reading on November, 4, 2008; and
WHEREAS, the City Council of the City of Ashland has determined that in order to
protect and benefit the health, safety and welfare of existing and future residents of the
City, it is necessary to amend the Ashland land Use Ordinance in manner proposed,
that an adequate factual base exists for the amendments, the amendments are
consistent with the comprehensive plan and that such amendments are fully supported
by the record of this proceeding.
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1. The above recitations are true and correct and are incorporated herein
by this reference.
SECTION ~. Chapter 18.108.060 of the Ashland Municipal Code [PROCEDURES]
hereby amended to read as follows:
SECTION 18.108.060 Type III Procedures.
A. The following planning actions shall be subject to the Type III Procedure:
1. Zone Changes or Amendments to the Zoning Map or other official maps,
except for legislative amendments.
2. Comprehensive Plan Map Changes or changes to other official maps, except
for legislative amendments.
3. Annexations.
4. Urban Growth Boundary Amendments
B. Standards for Type III Planning Actions.
1. Zone changes, zoning map amendments and comprehensive plan map
changes subject to the Type III procedure as described in subsection A of this
section may be approved if in compliance with the comprehensive plan and the
application demonstrates r I. -Ihak
a. The change implements a public need, other than the provision of affordable
housing, supported by the Comprehensive Plan; or
b. A substantial change in circumstances has occurred since the existing zoning
or Plan designation was proposed, necessitating the need to adjust to the
changed circumstances; or
c. Circumstances relating to the general public welfare exist that require such an
action; or ,
Page 2 of 5
d. Proposed increases in residential zoning density resulting from a change from
one zoning district to another zoning district, will provide 250/0 of the DroDosed
base density as affordable housinG consistent with the aDDroval standards
set forth in 18.106.0301~1 ene efthe folle-.\'ing:
1. 3&% sf the liase lIensity to qualifying buyeFS or renteFS "J;ith inGomes at
or belOtA" 120% of mellian insome; or
2. 2&% of the liase lIensity to qualifying buyeFS or renteFS ".\'ith inGomes at
or lie 18\-: 100% of mellian insome; or
3. 20% of the liase lIensily to qualifying buyeFa or r..n.FS with inGomes at
or liel8\-: 80% of mellian insome; or
4. 1 &% of the liase lIensily to qualifyingliuyeFS or ren.Fe ":.-ith inGomes at
or bel8t:: 10% sf mellian insome; or
5. Title to a suffisient amount ef liuilllalile lanli fer lIe":elopment is
transfelTell to a non pr.efit (IRC 501(3)(c)) affor4alile housing lIe\.eloper or
Gemparalile De....elepment COFPoration fer the pUFpose ef somplying ".'1ith
aulisestion 2 alie\~e. The Isnll shall lie 10sa.1I v.~ithin the prejest anll all
Reellell publls fasilities shall lie extenllell to the ar.ea or ar..as pr-eposell
for tr-ansfer. O\.-tneFShip ef the lanll shall be transfer:rell to the afforllable
::::::::~r :~o~;:~:T::} Ce~eratleR prier 'e semmeRsemeRt
e. Increases in residential zoning density of four units or greater on commercial,
employment or industrial zoned lands (i.e. Residential Overlay), will not
negatively impact the City of Ashland's commercial and industrial land supply as
required in the Comprehensive Plan, and will provide 25% of the DroDosed
base density as affordable housinG consistent with the aDDroval standards
set forth in 18.106.030IG) ene of the follwxing:
1. 3&% efthe base deflsityte quali~iRfj ~l:iyeF6er r.eF'iteFS"NithiAssmes at
or lielow 1200~ of mellian insome; or
2. 25% of the liase lIensily to ElualifyingliuyeFa er renteFa ...'tith insemes at
or lielo...-) 100% of mellian insome; or
3..20% of the liase lIensily te ElualifyingliuyeFS or renteFS "/Jith insemes at
or liel&\\' 80% sf melilan Insome; er
4. 15% of the liase lIenslly te ElualifyingliuyeFS er renteFS ...-:Ith Insomes at
or bel...:; 10% ef melllan insome; or
i. Title to a sufftsient amount ef liuilllalile lanll for lIe"Jelopment is
transfelTell to a Ron profit (IRC &01(3)(s)) affer4able housing lIetfeloper or
semparable De\"elopment COFPoration for the pUFpose of somplylRg ".Nith
sulisestlon 2 alio"/e. The lanll shall lie losatell ...-,ithin the pr-ejest anll all
needell publis fasilitles shall lie eJdenllell to the area or ar..as pr-eposell
for lIelllsation. O\-)neFShip of the lanll ana(or air spase shall be tFansfeFFeIl
to the affer4able housing lIe~eloper or De~Jelepment COFporation prior to
semmensement of the projest.
The total number of affordable units described in sections 0 or E shall be
determined by rounding down fractional answers to the nearest whole unit. A
Page 3 of 5
deed restriction, or similar legal instrument, shall be used to guarantee
compliance with affordable criteria for a period of not less than 60 years.
Sections 0 and E do not apply to council initiated actions.
C.Type III Procedure.
1.Applications subject to the Type III Procedure shall be process as follows:
a. Complete applications shall be heard at the first regularly scheduled
Commission meeting which is held at least 45 days after the submission of the
application.
b.Notice of the hearing shall be mailed as provided in section 18.108.080.
c. A public hearing shall be held before the Commission as provided in
18.1 08.100.
2.For planning actions describ~d in section 18.108.060.A. 1 and 2, the
Commission shall have the authority to take such action as is necessary to make
the amendments to maps and zones as a result of the decision without further
action from the Council unless the decision is appealed. The decision of the
Commission may be appealed to the Council as provided in section 18.108.110.
3.For planning actions described in section 18.108.060.A. 3 and 2, the
Commission shall make a report of its findings and recommendations on the
proposed, action. Such report shall be forwarded to the City Council within 45
days of the public hearing.
a. Upon receipt of the report, or within 60 days of the Commission hearing, the
CQuncil shall hold a public hearing as provided in 18.108.100. Public notice of
such hearing shall be sent as prowided in section 18.108.080.
b. The Council may approve, approve with conditions, or deny the application.
SECTION 3. Severability. The sections, subsections, paragraphs and clauses of this
ordinance are severable. The invalidity of one section, subsection, paragraph, or clause
shall not affect the validity of the remaining sections, subsections, paragraphs and
clauses.
SECTION 4. Savings. Notwithstanding this amendment/repeal, the City ordinances in
existence at the time any criminal or civil enforcement actions or other actions as
required by state law, were commenced shall remain valid and in full force and effect for
purposes of all cases filed or commenced during the times said ordinance( s) or portions
thereof were operative. This section simply clarifies the existing situation that nothing in
this Ordinance affects the validity of prosecutions commenced and continued under the
laws in effect at the time the matters were originally filed.
SECTION 5. Codification. Provisions of this Ordinance shall be incorporated in the
City Code. and the word "ordinance" may be changed to "code", "article", "section", or
another word, and the sections of this Ordinance may be renumbered, or re-Iettered,
provided however that any Whereas clauses and boilerplate provisions (i.e. Sections 1,
3-5) need not be codified and the City Recorder is authorized to correct any cross-
Page 4 of 5
references and any typographical errors.
The foregoing ordinance was first read by title only in accordance with Article X,
Section 2(C) of the City Charter on the day of ,2008,
and duly PASSED and ADOPTED this day of , 2008.
Barbara M. Christensen, City Recorder
SIGNED and APPROVED this _ day of
Page 50t'5
, 2008.
John W. Morrison, Mayor