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OUR MISSION IS
“Providing quality public services for a better Albany community.”
OUR VISION IS
“A vital and diversified community that promotes a high quality of life,
great neighborhoods, balanced economic growth, and quality public
services.”
Rules of Conduct for Public Meetings 1. No person shall be disorderly, abusive, or disruptive of
the orderly conduct of the hearing.
2. Persons shall not testify without first receiving recognition from the presiding officer and stating their full name and residence address.
3. No person shall present irrelevant, immaterial, or repetitious testimony or evidence.
4. There shall be no audience demonstrations such as applause, cheering, display of signs, or other conduct disruptive of the hearing.
NOTICE OF PUBLIC MEETING CITY OF ALBANY
CITY COUNCIL Council Chambers
333 Broadalbin Street SW Wednesday, April 25, 2012
7:15 p.m.
AGENDA
1. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE TO THE FLAG a. Boy Scout Troop 99. Action:_____________________________________________
3. ROLL CALL
4. SPECIAL PRESENTATION
a. Fire and Police Departments’ Awards. [verbal] Action: ________________________________________________________________________________________
5. PROCLAMATIONS
a. Motorcycle Safety Awareness Month. [Page 1] Action: ________________________________________________________________________________________ b. National Preservation Month. [Page 2] Action: ________________________________________________________________________________________
6. SCHEDULED BUSINESS
a. Communications
1) Accepting Glenda Fleming’s resignation from the Albany Arts Commission and Planning Commission. [Page 3]
Action: _____________________________________________________________________________________
b. Public Hearing 1) Supplemental budget for authorizing transfers between funds and appropriating funds for infrastructure
improvements in the Oak Street Local Improvement District. [Pages 4-7] Action: ________________________________________________________________ RES. NO.__________ c. Quasi-Judicial Public Hearing
1) SP-05-12, modifying a previous Site Plan Review for Lowes’ HIW, Inc. [Pages 8-39] Action: _____________________________________________________________________________________
d. Business from the Public
e. Adoption of Resolution
1) Removing 20 feet of on-street parking on Seventh Avenue. [Pages 40-44] Action:________________________________________________________________ RES. NO.__________
8/3:.,;;"~~".'
"" J] ...~
v4/1jdihi}..----71•
Albany City Council Page 2 of 2 April 25, 2012
f. Adoption of Consent Calendar
1) Approval of Minutes a) March 28, 2012, City Council Regular Session. [Pages 45-50]
2) Authorizing the execution and delivery of a financing agreement and related documents and the competitive or negotiated sale and delivery of one or more series of full faith and credit obligations, which may be designated as tax-exempt and/or federally taxable, the payment of such obligations being evidenced in the financing agreement and related documents; authorizing the execution and delivery of a loan agreement and related documents with the Albany Revitalization Agency; designating an authorized representative of the city and delegating authority; authorizing the filing of a validation proceeding; authorizing issuance of other debt notwithstanding pendency of a prospective initiative measure which would purport to limit city debt to that in existence on February 28, 2012; and related matters. [Pages 51-85] RES. NO.__________
3) Accepting and appropriating certified local government grant money from the state of Oregon Historic Preservation Program. [Pages 86-87] RES. NO.__________
Action: _______________________________________________________________________________________
g. Award of Contracts 1) ST-09-03, Oak Street Reconstruction. [Pages 88-91]
Action: _____________________________________________________________________________________ 2) WL-11-01-A, Broadway Reservoir Transmission Main, Phase IA. [Pages 92-95]
Action: _____________________________________________________________________________________
h. Appointments 1) Appointing Kristin Richardson to the Planning Commission. [Pages 96-98] Action:_______________________________________________________________________________________
i. Reports 1) Receiving Code Enforcement Team Third Quarter Report for Fiscal Year 2011-2012. [Pages 99-100]
Action: _____________________________________________________________________________________
7. BUSINESS FROM THE COUNCIL
8. RECESS TO EXECUTIVE SESSION TO DISCUSS PENDING LITIGATION OR LITIGATION LIKELY TO BE FILED IN ACCORDANCE WITH ORS 192.660 (2)(h)
9. RECONVENE
10. NEXT MEETING DATE: Work Session May 7, 2012
Regular Session May 9, 2012
11. ADJOURNMENT
City of Albany Web site: www.cityofalbany.net
The location of the meeting/hearing is accessible to the disabled. If you have a disability that requires accommodation, please notify the Human Resources Department in advance by calling (541) 917-7500.
PROCLAMATION
MOTORCYCLE SAFETY AWARENESS MONTHMAY 2012
WHEREAS, Oregon is proud to be a nationa11eader in motorcycle safety education; and
WHEREAS, motorcyclists in Oregon recognize the importance of riders to be properlytrained inthe safe operation of their motorcycle; and
, , ,
WHEREAS, it is important that the citizen~ of our state should be aware of motorcycles on thehighways and recognize the importance of sharing the roadway with these fuel efficient vehicles;and
WHEREAS, 'the designation of Motorcycle Safety Awareness Month promotes public awarenes~of the energy-efficient motorcycle and its proper and safe use on the roads and highways ofOregon.
NOW, THEREFORE, be it resolved that T, Sharon Konopa, Mayor of the City of Albany,Oregon, do hereby proclaim May 2012 to be
MOTORCYCLE SAFETY AWARENESS MONTH
in Albany, Oregon, and I encourage all residents to join in this observance.
IN WITNESS WHEREOF, I have hereuntoset my hand and caused the seal of the Cityof Albany to be affixed this 25th day of April2012.
Sharon Konopa"Mayor
PROCLAMATION
NATIONAL PRESERVATION MONTHMay 2012
WHEREAS, historic preservation is an effective tool for managing growth and sustainabledevelopment, revitalizing neighborhoods,· fostering local pride, maintaining communitycharacter, aIld encouraging tourism while eilhancing livability; and
WHEREAS, historic preservation is relevant for communities across the nation, both urban andrural, and for Americans of all ages, all walks of life, and all ethnic backgrounds; and
WHEREAS, it is important to celebrate the role of history in.our lives and the contrihutionsmade by dedicated individuals in helping to preserve the tangible aspects of the heritage that hasshaped us as a people; and
WHEREAS, "Discover America's Hidden Gems" is the theme for National Preservation Month2012, cosponsored by the Albany Landmarks Advisory Commission, the Albany Visitors",Association, the Albany Downtown Association, and the National TruSttf)T Historic.Preservation.
NOW, THEREFORE, I, Sharon Konopa, Mayor of the City of Albany, Oregon, do herebyproclaim May 2012, as
NATIONAL PRESERVATION MONTH
and call upon the people of Albany to join their fellow citizens across the United States inrecognizing and participating in this specialobsefvance.
IN WITNESS WHEREOF, I have hereunto'~et my hand and caused the seal of the Cityof Albany to be affixed this 25th day ofApri12012.
Sharon Konopa, Mayor
Hyde. Laura
From:Sent:To:Subject:
[email protected], April 16, 2012 2:27 PMHyde, LauraFw: Resignation
FyiSent from my Verizon Wireless BlackBerry
From: Glenda Fleming <[email protected]>Date: Mon, 16 Apr 2012 13:12:50 -0700 (PDT)To: Sharon Konopa<[email protected]>ReplyTo: Glenda Fleming <[email protected]>Subject: Resignation
Dear Madam Mayor,
It is with much regret that I offer my resignation from the Albany Arts and PlanningCommissions. Because of my current job situation (two part-time jobs), I am not able to attend .. 'Commission meetings regularly. I delayed my resignation in hope that one of the jobs wouldde\felopinto a regular schedule, but that does not seem to be an option in the near future! ,I feel that it isinappropriate to be a member of an organization if I cannot contribute my fair share!
It has been an honor and a pleasure to serve the City and its residents, and I hope I'll be able tocontribute in some way in the future.
Respectfully submitted,
Glenda Fleming
1
3
TO:
VIA:
FROM:
DATE:
Albany City Council
Wes Hare, City Manager
Stewart Taylor, Finance Director
April 17, 2012, for the April 25, 2012 City Council Meeting
SUBJECT: Supplemental Budget Public Hearing - Oak Street LID
RELATES TO STRATEGIC PLAN THEME:. Effective Government
Action Requested:
Consider public comment and, by resolution, authorize transfers between funds and appropriatefunds for infrastructure improvements in the Oak Street Local Improvement District.
Discussion:
On June 9, 2010 the City Council approved Resolution No. 5911 adopting the Engineer's Reportdated June 3, 2010, the Financial Investigation Report filed with the City Recorder on January 21,2010, and establishing the Oak Street Local Improvement District.
The Engineer's Report identified funding for the infrastructure improvements from a variety ofsources. A summary of the sources and current cost breakdown is as follows:
Funding Source AmountTransportation System Development Projects 3,517,000Water System Capital Projects 247,000Lowe's Payment 466,034Assessments 535,954Other City Participation 279,000Total 5,044,988
Resolution No. 5911 also authorized the City and Lowe's to enter into an Infrastructure FundingAgreement dated November 17,2011, setting forth obligations to complete various infrastructureimprovements.
Interim financing for .construction of the improvements is proposed to come from theTransportation System Development Projects, the Water System Capital Projects, and PepsiCoSettlement Projects. Transfers back to the PepsiCo Settlement Projects will be made from theLowe's payment and assessments to the benefited properties following completion of theimprovements.
The purpose of this public hearing is to receive public comment on the supplemental budgetwhich proposes to consolidate the infrastructure funding sources into a single project in theCapital Projects Fund.
Oregon Local Budget Law provides that a decrease of one existing appropriation and acorresponding increase of another existing appropriation may be made after enactment of a
4
Supplemental Budget Public Hearing - Oak Street LIDPage 2April 17,2012
resolution or ordinance authorizing the transfer. The resolution or ordinance must state the needfor the transfer, the purpose of the expenditure, and the amount to be transferred (ORS 294.450(1) & (3).
Budget Impact:
The resolution consolidates various funding sources into a single project in the Capital ProjectsFund.
STAttachment: resolutionc: Mark Shepard, Public Works Director
5
RESOLUTION NO. _
A RESOLUTION OF THE CITY OF ALBANY, OREGON, AUTHORIZING TRANSFERS BETWEENFUNDS AND APPROPRIATING FUNDS FOR INFRASTRUCTURE IMPROVEMENTS IN THE OAKSTREET LOCAL IMPROVEMENT DISTRICT
WHEREAS, on June 9, 2010, the City Council approved Resolution No. 5911 adopting the Engineer'sReport dated June 3, 2010, the Financial Investigation Report filed with the City Recorder on January 21,2010, and establishing the Oak Street Local Improvement District (LID); and
WHEREAS, the Engineer's Report identified funding for the infrastructure improvements fromtransportation system development charges, water system capital projects, and assessments and fees paid byproperty owners in the LID; and
WHEREAS, as approved in Resolution No. 5911, the City and Lowe's entered into an InfrastructureFunding Agreement dated November 17, 2011, setting forth obligations to complete the infrastructureimprovements; and
WHEREAS, the City desires to consolidate the infrastructure funding sources into a single project in theCapital Projects Fund; and
WHEREAS, Oregon Local Budget Law provides that a decrease of one existing appropriation and acorresponding increase of another existing appropriation may be made after enactment of a resolution orordinance authorizing the transfer; and
WHEREAS, the resolution or ordinance must state the need for the transfer, the purpose of the expenditure,and the amount to be transferred (ORS 294.450 (1) & (3).
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ALBANY,OREGON, as follows:
Transfers of appropriation are hereby approved as indicated below:
Streets
250-50-2703-91249
250-50-2703-90012
Water
615-50-2308-91249
615-50-2308-90012
Capital Projects Fund
Reserve: Capital Projects
ToCapital Projects Fund
Reserve: Capital Projects
Settlement Pro,iects
208-10-1037-91249
208-10-1037-90015
Oak Street UD
From Street Fund
From Water Fund
From Settlement Projects
LID Construction Projects
402-10-1012-85024
402-10-1012-49036
402-10-1012.-49037
402-10-1012-49070
6Page 1 of2
This Resolution shall take effect immediately upon its adoption by the City Council and execution by theMayor.
DATED AND EFFECTIVE THIS 25TH DAY OF APRIL, 2012.
MayorATTEST:
City Clerk
7Page 2 of2
TO: Albany City Council
cA!h(ihij..----71•
VIA:
FROM:
DATE:
Wes Hare, City ManagerGreg Byrne, Community Development Director
David Martineau, Lead Current Planner
April 17, 2012, for the April 25, 2012 City Council Meeting
SUBJECT: Public Hearing (Planning File SP-05-12)
RELATES TO STRATEGIC PLAN THEME:. Great Neighborhoods
• A Safe City
Action Requested:
Conduct public hearing, hear testimony, deliberate and make a decision on one land useapplication.
Discussion:
Planning File SP-05-l2This is a quasi-judicial public hearing regarding a request to modify a previously approved SitePlan Review for Lowe's HIW, Inc. that would allow a new truck access drive onto SE 9th
Avenue, change east/west pedestrian walkways in the front parking lot area, and add swales in thefront parking area. The original Site Plan Review was approved by City Council on January 13,2010. Your packet contains 11 x 17 versions of the original and revised site plans (specificallylabeled Sheet DD4) for comparison. Call-out bubbles are used to direct your attention to themodifications. Modified Site Plan Reviews may be approved by the Community DevelopmentDirector; however Albany Development Code Section 1.226(3) requires it to be reviewed by thesame review body that granted fmal approval of the original site plan. The following documentsare attached related to this public hearing:
Staff Report with Draft Findings and Conclusions for SP-05-l2Attachment I: Location MapAttachment II: Original Site Plan Sheet DD4Attachment III: New Site Plans including Modified Sheet DD4Attachment N: Applicant's Findings and ConclusionsAttachment V: Determination of CompletenessAttachment VI: Notjce of Public Hearing
Budget Impact: none
TH
Attachments: are noted above
8
STAFF REPORTModification to an Approved Site Plan Review Application SP-05-12
Lowe's Proposed Truck Access onto 9th Avenue
HEARING BODY
HEARING DATE
HEARING TIME
HEARING LOCATION
City Council
Wednesday, April 25, 2012
7:00 p.m.
Albany City Hall Council Chambers, 333 Broadalbin Street SW
EXECUTIVE SUMMARY
The proposed project is a modification to an approved Site Plan Review application (SP-37-08 et al) that wouldallow a new truck access drive onto 9th Avenue SE, changes to east/west pedestdan walkways in the front parkinglot area resulting from revised stOlID water drainage designs for the Section 401 permit (Federal Water QualityCertification), along with the addition of swales in the fi.-ont parking area. The applicant is Ji:my R. Baysinger,and the site address is 1105 Oak Street SE (Attachment 1). Redesign of the fi'ont parking area to accommodatestOlIDwater swales has reduced the number of parking spaces for the project from 415 to 411; however this stillgreatly exceeds the281 spaces required by the Albany Development Code (ADC). The proposal does not includeany changes to the building.
On Februaty 28,2012, the Community Development Department received an Application to ModifY the Site Planof an Unexpired Site Plan Review together with the original site plan (Attachment IT) and revised site plansshowing items that are changing (Attachment 1lI). The applicant submitted findings of fact in support of theirrequest (Attachment N). This application was deemed complete on February 10, 2012 (Attachment V). The sixcriteria for considering modifications to an existing site plan review are addressed in detail in the staff repmtbelow.
StaffRecommendation: APPROVAL with the FOLLOWING CONDITIONS, as referenced in the staff report:
3.1 Prior to performing any work within 9th Avenue right-of-way, the applicant shall secure all requiredapprovals and permits from Oregon Depaltment ofTransportation (ODOT).
3.2 The proposed ddveway shall be designed to accommodate movements by WB-67 trucks.
3.3 The applicant shall construct the approach so that it intersects 9th Avenue at an approximate angle of 90degrees. If the ODOT approval for the driveway requires use of an angled approach (as shown on thesubmitted site plan) the applicant can construct the approach in accordance with the terms of the ODOTpenuit.
Expiration of Approval: When first granted, a site plan or conditional use approval is valid for three years [ADCSection 1.080]. When a modified site plan is approved and accepted, the approval is valid for one year beyond thedate that the original site plan approval would have expired. (For example, if the original approval would haveexpired on July 1, 2001, the approval of the modified site plan is extended to July 1, 2002.) The original site plan
StaffReportISP-05.12, Page 1
9
(SP-37-08 et a1) was deemed vested by action of the Albany City Council taken on December 7, 2011. Therefore,this modified site plan review would be likewise vested.
APPLICATION INFORMATION
DATE OF REPORT:
REVIEW BODY:
STAFF REPORT PREPARED BY:
PROPERTY OWNER:
APPLICANT:
APPLICANT REP.:
LOCATION:
MAP/TAX LOT:
ZONING:
TOTAL LAND AREA:
EXISTING LAND USE:
April 13, 2012
City Council
David Martineau, Planner III
Lowe's HIW, Inc.; c/o Jack Mandel; 1530 Faraday Avenue, Ste. 140;Carlsbad, CA 92008; (760) 804-5309
Jeny R. Baysinger, Baysinger Partnel'S Architecture PC; 1006 SEGrand Avenue, #300; Portland, OR 97214; (503) 546-1600
Jel'emy McPhel'son, Cardno WRG; 5415 SW Westgate Drive, Ste. 100;Portland, OR 97221; (503) 419-2541
1105 Oak Street SE
Linn County Assessor's Map No. 11 S-3W-8BC; Tax Lots 1000, 1100,1201, 1202 and 1300. (Approval has been granted to consolidate thesefive tax lots into one parcel, File LA-13-08.)
CC (Community Commercial) District
11.54 acres
Tax Lot 1000,1100 & 1202: Vacant landTax Lot 1201: Oakcrest Apartments - 33-units (to be removed)Tax Lot 1300: Single-family home (to be removed)
Jackson HillNEIGHBORHOOD:
SURROUNDING ZONING:
SURROUNDING USES:
North:South:East:
West:
North:South:East:West:
(Across Ninth Avenue) Community CommercialRM (Residential Multiple Family)OS (Open Space)(Across Periwinkle Creek) RM - Residential Multiple Familyand CC (Community Commel'cial)(Across Oak Street) OP (Office Pl'ofessional) and RM
Commel'cial businessesCity of Albany Kindel' ParkPeriwinkle Creek, commercial and residential usesPing's restaurant and residential buildings
StaffReport/SP-OS-I2, Page 2
10
PRIOR mSTORY:
NOTICE INFORMATION
1)
2)
3)
4)
CI-02-11: Code Interpretation to allow fmancial assurances to beused to meet substantial construction requirements specific toLowe's HIW, Inc. a development proposal on an 11.54 acre sitelocated at the southeast comer ofNinth Avenue SE and OakStreet SE, approved by City Council on January 13,2010, underfile numbers SP-37-08; SP-38-08; and VR 09-08.
SP-37-08: Site Plan Review to construct a Lowe's homeimprovement and garden center on an 11.54 acre site located atthe southeast comer ofNinth Avenue SE and Oak Street SE.
SP-38-08: Site Plan Review to remove from the proposedLowe's site 42 identified trees that have trunks larger than 25inches in circumference.
VR-09-08: To allow the building area of the proposed Lowe'sbuilding to be 152,236 square feet when ADC Section 4.090,Table 1, Development Standards, shows the maximum buildingarea in the Community Commercial zoning district is 100,000square feet. The building area is divided as follows: homeimprovement retail space is 120,578 square feet and the gardencenter space is 31,658 square feet.
On April 5, 2012, a Notice of Public Hearing was mailed to surrounding property owners and residents entitled tonotice in accordance with ADC 1AOO (Attachment VI). This is consistent with the method of notification used inthe original 2008 set of land use applications. The site was posted by Apri118, 2012, in accordance with Section1.410 ofthe ADC.
StaffReport/SP-05-12, Page 3
11
STAFF ANALYSIS: SITE PLAN REVIEW SP-05-12
According to the Albany Development Code (ADC) Section 1.226(8), the review body will base its determinationof consistency on a comparison of the approved site plan with the modified site plan, taking into account thefollowing review criteria. Only the area proposed to be modified will be reviewed. The modified site plan will befound to be consistent with the approved site plan if the review body determines that there are no greater adverseimpacts, or if additional adverse impacts are identified and have been adequately mitigated.
Code criteria are written in bold italics and are followed by findings, conclusions, and conditions of approvalwhere conditions are necessmy to meet the review criteria.
(1) Tlte lalld use category;
FINDINGS OF FACT
1.1 The subject property is located in CC (Community Commercial) zoning district.
1.2 ADC Section 4.050, Schedule of Permitted Uses, shows that retail commercial uses are allowed in CCzoning districts with approval of a Site Plan Review application.
1.3 The project under review is a modification to an approved Site Plan Review and Variance application forthe construction of a 152,236 square foot Lowe's Home Improvement Store and parking lot with 415parking spaces.
1.4 The proposed modification would include a new truck access drive to 9th Avenue SE toward the northeastcorner of the property, changes to the cast/west pedestrian walkways in the front parking lot area resultingfrom storm water designs for the Section 401 pel1nit, and the addition of storm water swales throughoutthe front parking area and in one location north of the garden center.
CONCLUSIONS
1.1 The proposed 152,236 square foot Lowe's Home Improvement Store and parking lot with 415 parkingspaces is allowed in CC zoning districts with an approval of a Site Plan Review and Variance application.
1.2 Theproposed modification is for the same land use as the previously approved application.
1.3 This review criterion is met.
(2) Tlte size alld scale oftlte proposed buildillg(s);
FINDINGS OF FACT
2.1 According to the applicant, the approved site plan was for a home improvement store measuring 120,578square feet with an attached 31,658 square foot outdoor garden center. The modification does notpropose any changes to the building including changes in m'ea or height.
CONCLUSIONS
2.1 The building approved under the original Site Plan Review will remain unaltered as part of this requestedsite plan modification.
2.2 This review criterion is met.
StaffReportlSP-05-12, Page 4
12
(3) The tl'affic and other o.f.fsite impacts;
FINDINGS OF FACT
3.1 The previously approved site plan (Attachment II, Original Site Plan Sheet DD4) envisioned constructionof a 120,578 square foot hoine improvement store with a 31,658 square foot garden center. The requestedmodification (Attachment III, Exhibit DD4-Site Plan) would add a tl'llck access to 9th Avenue at the eastend of the site, reduce the square footage of the impervious surface by 304 square feet, and reduce thenumber of on-site parking spaces from 415 to 411 spaces.
3.2 The traffic study submitted with the previously approved site plan projected that the development wouldgenerate 308 weekday pm peak hour trips. While the requested modification would reduce the size of thehardscape (by 304 square feet), there will be no change in building area. The modification is not expectedto alter the number oftrips generated by the development.
3.3 The requested modification would change the way that deIiveIy truck traffic enters and leaves the site.
3.4 Under the approved site plan all truck access would be from the site's southern driveway on Oak Street.Entering trucks would make an EB left turn from Pacific Boulevard onto Oak Street, travel south on OakStreet across a new traffic signal at 9th Avenue, and then make a left turn into the site at thedevelopment's southern driveway. Exiting movements would make a right turn onto Oak Street from thesame driveway, and then ma!ce a right turn onto 901 Avenue.
3.5 The requested modification would create a truck access to 9th Avenue at the east end of the site. Theapplicant has indicated that one or two oversize trucks (WB-67) wi\l visit the site each day. DelivelYtrucks would have the option of using the originally approved route or the new driveway. fuboundmovements to the new driveway would make a left turn from Oak Street onto 9th Avenue, and then a rightturn into the site. The left turn from Oak Street onto 9th Avenue would occur at the new traffic signal.
3.6 The original design for that signal anticipated permissive left tUlTIS. A protected left turn will benecessary to accommodate left turns by deIively trucks. ODOT has indicated they are willing to acceptprotected/permissive left turn control at the 9th/Oak intersection. The construction design being preparedby the City has been modified to include the protected/permissive movement. No additional constructioncost to the Oak Street project is expected to result from the change.
3.7 Full movement driveways are generally designed to intersect the main roadway at a 90 degree angle. Anydeviation from that angle will cause either the entering or exiting movements to sweep falther out into themain roadway when turning to/from the driveway. The design ofthe new driveway calls for it to intersect9th Avenue at an angle of approximately 15 degrees.
3.8 The reason the proposed driveway was angled at 15 degrees to 9th Avenue is to allow the driveway tocomply with ODOT driveway spacing requirements. At this location the ODOT standard for spacingbetween driveways is 175 feet. Angling the new driveway increases the separation between it and anexisting driveway to east. The existing driveway is a low volume service driveway providing access tothe back of a row of retail and office buildings. If the new driveway were not angled, it would be closerthan 175 feet to the existing driveway. Changing the design of the driveway to allow for a 90 degreeangle would result in a driveway separation of somewhere between 150 and 160 feet.
3.9 Staffbelieves that the driveway and road system would function better if the new driveway intersected 9th
Avenue at approximately 90 degrees with the reduced driveway spacing. The ultimate decision, however,does not rest with the City. ODOT has jurisdiction over all new driveway access points onto the highwaysystem. ODOT staff is currently considering whether they will require adherence to the 175 foot spacing
StaffReportlSP-05-12, Page 5
13
standard or instead be willing to allow a modification of the spacing standard in order to achieve a betterdriveway intersection angle.
3.10 The applicant believes that the proposed modification will not increase traffic counts 01' truck trips to andfrom the site. Additionally, the new access to 9th Avenue will improve delivery truck circulation andreduce on-site maneuvering time of trucks thereby reducing noise and emissions. The new truck accesswill also allow for a reduction of truck traffic on Oak Street adjacent to nearby residences because truckswould be able to access the site directly from 9th Avenue.
CONCLUSIONS
3.1 The proposed modification will not increase the amount oftraffic generated by the development.
3.2. The modification would add a truck access driveway to 9th Avenue at the east end of the site and changethe traffic pattern and route that truck can use to access the site. Oversize trucks (WB-67) will use thenew driveway. The change in truck routing will require that the new traffic signal at the 9th Avenue/OakStreet intersection accommodate protected/permissive southbound left turn movements. The City isresponsible of the design of that signal and has incorporated that movement into the design. ODOT staffhas indicated that they are willing to approve the change.
3.3 The proposed driveway to 9th Avenue is shown intersecting 9th Avenue at an angle of 15 degrees. Thedriveway would function better if aligned at a 90 degree angle, but that would result in separation from anexisting driveway to the east that did not meet ODOT spacing standards. ODOT is currently consideringwhether 01' not to allow a modification to the spacing standards in order to allow the new driveway to beinstalled at a 90 degree angle.
3.4 This review criterion will be met when the following conditions are met.
CONDITIONS
3.1 Prior to performing any work within 9th Avenue right-of-way, the applicant shall secure all requiredapprovals and permits from ODOT.
3.2 The proposed driveway shall be designed to accommodate movements by WB-67 trucks.
3.3 The applicant shall construct the approach so that it intersects 9th Avenue at an approximate angle of 90degrees. If the ODOT approval for the driveway requires use of an angled approach (as shown on thesubmitted site plan) the applicant can construct the approach in accordance with the terms of the ODOTpermit.
(4) Compatibility with surrounding development;
FINDINGS OF FACT
4.1 According to the applicant, the approved site plan (SP-37-08 et al), which is fully vested and mitigated,includes measures and features that ensure the project's compatibility with surrounding development.These features include plans to construct fencing and/or a concrete masonry wall, eight feet high, alongthe property lines ofabutting uses and zones.
4.2 The proposed modifications will not alter the use, size 01' scale of the building or project and will notresult in additional trips 01' number of trucks servicing the site.
StaffRep01't1SP-05-12, Page 6
14
4.3 The proposed pedestrian walkways, made from pervious paving materials, and inclusion of swales willresult in increased low impact biologic storm water quality treatment as well as result in a reduction ofimpervious area on-site; features that benefit surrounding properties as well as the adjacent creek.
4.4 The proposed truck access onto 9th Avenue SE will allow for improved on-site truck traffic patterns. Withthe new access, trucks can enter from 9th Avenue and back into the docks without needing to turn aroundfirst. This has the potential to reduce the amount on-site maneuvering required along the east side of thebuilding and adjacent to nearby residentially zoned parcels." In addition, direct access onto 9
thAvenue
will help reduce truck traffic on Oak, which wi11lessen adverse impacts on nearby residential propelties.
4.5 Installation of the truck access will also allow for a decrease in the width of required paving along thenortheast corner of the building. This will allow for a larger landscape buffer between the project and thecreek as well as adjacent parcels, increasing the overall site landscaping by approximately 304 square feetwhile decreasing the amount of impervious surface.
CONCLUSIONS
4.1 The proposed modification will not change any approved features designed to ensure the project iscompatible with surrounding development.
4.2 The proposed modification will not alter or change the use of the building nor will it result in additionaltruck trips.
4.3 The proposed truck access improves truck traffic circulation, reduces adverse impacts to nearby residentsand will decrease the amount of impervious surface.
4.4 This criterion is met.
(5) Capacity ofavailable infrastructure;
FINDINGS OF FACT
5.1 The applicant states that the modified site plan wi1lnot alter the scope of the project nor will it result in anincrease in traffic or the number of truck trips to and from the property.
5.2 The capacity of available infrastructure is unaffected by this modified site plan. The proposal willimprove accessibility for large delivery trucks and will improve water quality ofrunoff.
CONCLUSIONS
5.1 The proposed modifications will not affect the capacity of available infrastructure.
5.2 This criterion is met without conditions.
(6) Unusual obstacles and opportunities associated witll tire property.
FINDINGS OF FACT
6.1 According to the applicant, the modified site plan will improve several on-site conditions includingpedestrian safety and stonnwater infiltration and quality. The overall amount of impervious smface is
StaffReportJSP-05~12,Page 7
15
reduced, while landscaped areas will increase by 304 square feet. Truck noise and emissions will bei'educed on Oak Street, which lessens the impact to nearby residences,
CONCLUSION
6.1 This review criterion is met without conditions.
ATTACHMENTS
I Location Map
II Original Site Plan Sheet DD4
III Modified Site Plans
Exhibit DDI-Cover SheetExhibit DD2-Existing ConditionsExhibit DD3-Existing Tree InventOlyExhibit DD4-Site PlanExhibit DDS-Grading PlanExhibit DD6-Sanitmy and Water PlanExhibit DD7-Stonn PlanExhibit Ll.O-Planting Notes and DetailsExhibit Ll.l-Planting PlanExhibit L1.2-Planting PlanExhibit Ll.3-Planting PlanExhibit L lA-Planting PlanExhibit E-I-Site Lighting Layout Plan
IV Applicant's Findings ofFact and Conclusions for Modified Site Plan SP-OS-12
V Determination of Completeness
VI Notice ofPublic Hearing
StaffReport/SP-05.12, Page 8
16
LOCATION MAP: Future Lowe's Site, SE corner of 9th & Oak
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ANovember 15,2011
Planning Divsion
City of Albany - 333 Broadalbin Sl. SW, Albany, Oregon 97321 (541) 917- 7550
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04.01.09 q> CiTYREVIEW
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1530 FARADAY AVE., SUITE 140CARLSBAD, CA 92008
760.804.5300 (V) 760.918.9112 {F}
• •
.--..,..---..,...
40
SCALE: 1"~40'
rw-:20 0
4158PACES3.44 SP/loao SF
218 SPACES1.81 SP/1000 SF
415 SPACES
502,606 SF/11.54 AC
412,429 SF120,578 SF
31,658 Sf260.193 SF@.
82% •.
90,177 SF1870
COMMUNITY COMMERCIAL
16.5'* MIN.
~. 4" WIDE WHITE PAVEMENT111 I I-STRIPE TYPICAL
I-+S.5' MIN.'MAY INCLUDE 2' OVERHANG - SEE PLAN
COMPACT PARKING STALL DErAILNTS I;£~S~J~=IHM'.I1C.COI'\'RlGHT:lDOlImIllGHTS~
~. . .11n 1-~'~f~~ET~~116~LPAVEMENT
'MAY INCLUDE 2' OVERHANG - SEE PLAN
STANDARD PARKING STALL DErAILNTS
1;~4" WIDE WHlllE PAVEMENT:0' I MI. STRIPE TYPICAL
'MAY INCLUDE 2' OVERHANG - SEE PLAN
CONTRACTOR PARKING STALL DErAILNTS
27 3/S"
1----59 3/4"--1
- PROPOSED HEAVY AC PAVEMENT SECTlON
J1~~:::U;~~ 2 X 1 STEELCHANNEL
~606~~\tG HOLES
7/16"SQ HOLES TORECEIVE 3/S"CARRIAGE BOLTS(INCLUDED)
@ -PARKING STALL COUNT
:::::::3 - PROPOSED CART RElURN PROVIDED BY LOWE'S
j:'.: .". ·.:;·/·;1 - PROPOSED CONCRElE SURFACE
D -PROPOSED UGHT AC PAVEMENT SEC"ON
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FRONT FlELD PROVIDED
TOTAL PARK.flG STALl..S PfIOVlDEDRAllO PROVIDED
ZONING INFORMAllON
PARKING COUNT SUMMARY
SITE CHARAC1ERISTICSSITE AREA:
IMPERVIOUS:BUILDING:GARDEN CENIER:HARDSCAPE:PERCENT OF SITE IMPERVIOUS:
PERVIOUS AREA:PERCENT Of SITE PERVIOUS:
SHORT TERM BIKE PARKING - HOOP RACK DErAILNl5
PAINT 'NO PARKING' USING12" HEIGHT MIN. WHITE LETIERING
CONCRETECROSSWALK
HANDICAP PARKING STALL DErAILNTS - COMPLY WlllH MOST CURRENTADA STANDARDS
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OREGON UTILITYNOTIFICATION CENTER
1,800,332·2344
DATE DESCRIPTION
01.16.09 <Y CITYREVIEW
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ILOADING SPACEFOR APPLIANCES& PALLETRECYCLINGSTORAGE UNITS
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TREE GRATE (TYP.)
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CML SHEET INDEX
DDl COVER SHEETDD2 EXISTING CONDITIONSDD3 EXISTING TREE INVENTORYDD4 SITE PLANDDS GRADING PLANDD6 SANITARY AND WATER PLANDD7 STORM PLANLtO PLANTING 'NOTES +DETAILSL1.1 PLANTING PLANU.2 PLANTING PLANU.3 PLANTING PLANL1.4 PLANTING PLANE-l SITE LIGHTING LAYOUT PLAN
OREGON UTILITYNOTIFICATION CBNTBR
1·800·332·2344
UTILITY STATEMENT:TJ-IE UNDERGROUND UnUTIES SHOWN HAVE BEEN LOCATED FROM FIELD SURVEY INFORMAll0N AND EXISllNGDRAWINGS. 1HE sURVEYOR MAKES NO GUARANTEES THAT THE UNDERGROUND Ulll111ES SHOWN COMPRISEAll SUCH Ulll1TlES IN THE AREA, EITHER IN SERV1CE OR ABANDONED. 1HE SURVEYOR FURn1ER DOES NOTWARRANT THAT THE UNDERGROUND UTIUllES SHOWN ARE IN THE EXACT LOCAllON INDICATED, AlTi10UGH(S)HE DOES CERTIFY THAT THEY ARE LOCATED AS ACCURATELY AS POSSIBLE FROM INFORMAT10N AVAILABLE.Ti1E SURVEYOR HAS NOT PHYSICAllY LOCATED THE UNDERGROUND UT1LmES.
~ SITEMAP~ NOT TO SCALE
THE BASIS OF BEARINGS OF N 79'05'45" E PER CS23071, WAS DERIVED FROM HOLDING FOUND MONUMENT24, A J/4~ IRON ROD, MARKING THE SOUTHWESTCORNER OF LOT 4-, ~PRICE'S ADDITION" AND MONUMENT18, A 3/4-" IRON ROD, MARKING TI1E SOUTI-IWEST CORNEROF DEED DOCUMENT 2.007~08451.
ELEVATION DATUM: CiTY OF ALBANY STAll0N NUMBER93279BENCHMARK; 2" BRASS CAP IN MONUMENT BOXLOCA110N: THE INTERSECTION OF 12TH AVENUE ANDGEARY STREETELEVATION: 217.60 FEET PER Cill OF ALBANY GPS DATASHEET DATED 10-02-1993
BASIS OF BEARINGS:
DATUM:
TRAFFiC ENGINJ;§jPTY AMERICA, INC.ATTN: RANDY JOHNSON1128 NE 2ND ST., SUITE 204CORVALUS, OR 97330(541) 754~6836 (PHONE)
LANDSCAPE A8CHITECTWRG DESIGN INC.ATTN: PAT GAYNOR5415 SW WESTGATE DR. SUITE 100PORTlAND, OR 97221(503) 419-2500 (PHONE)(503) 419-2600 (FAX)
SURVEY\'iRG DESIGN INC.ATTN: MATT BURRELL, PLS54-15 SW \,£STGATE DR. SUITE 100PORTLAND, OR 97221(503) 419-2500 (PHONE)(503) 419-2600 (FAX)
BUilDING ARCHITECTBAYSINGER PARTNERS ARCHlTECTUREAnN: JERRY BAYSINGER1006 SE GRANO AVE., SUITE 300PORlLAND, OR 97214-(503) 54-6-1600 (PHONE)(503) 540-1601 (FAX)
CABLE
NATURAL GAS
PLANNINGATTN: DAVID MARTINEAUCITY OF ALBANY333 BROADALBIN ST. SWALBANY, OR 97321(541) 917-7561 (PHONE)
NW NAlURALATTN: DARREl STEVENS1970 14TH AVENUE SEALBANY, OR 97322-8504(54-1) 926-4253
COMCAST CABLEATIN: MIKE AllEN(54-1) 230-0219
GEOTECHNICAL ENGINEERGEODES1GN, INC.ATTN: BRETT SHIPTON, P.E., G.E.15575 SW SEQUOIA PKWY-SUITE 100PORTLAND, OR 97224(503) 968-8787 (PHONE)(503) 968-306B (FAX)
PLANNINGBAYSINGER PARTNERS ARCHll£C1UREATTN: JERRY BAYSINGER1006 SE GRAND AVE., sUITE 300PORTLAND, OR 97214(503) 546-1600 (PHONE)(503) 546-1601 (FAX)
OWNER I DEVELOPERlOWE'S HIW, INC.WESTERN DiVISIONATTN' JACK MANDEL1530 FARADAY AVE., SUITE 140CARLSBAD, CA 92008
CiVIL ENGINEERCARDNOWRGAnN: JEREMY MCPHERSON, PEORmON PE # 775115415 SW WESTGATE DR. SUITE 100PORTlAND, OR 9722.1(503) 419-2500 (PHONE)(503) 419-2600 (FAX)
POWER
TELEPHOlllEOWEST LOCAL NETWORKATTN: DAN WERNER(541) 730-1434
TRAFFICATIN: RON IRISHCITY OF ALBANY525 AVIATION WAY SEALBANY, OR 97322(541) 917-7656 (PHONE)
SITE PLAN REVIEW PLAN SET
ALBANY, OREGON
PACIRe POWERATIN: TODD TIMBERLAKE1033 NE 6TH AVENUEPORTlAND, OR 97256~0001
(541) 967-6180
JURISDICTIONAL AND UTILITY CONTACTSFIRE DEPARTMENT PUBLIC WORKS/ENGINEERINGAnN: KEVIN KREITMAN ATTN: MIKE LEOPARDCITI OF ALBANY CITY OF ALBANYJJ3 BROADALBIN ST. SW 525 AVlATlON WAY SEALBANY, OR 97321 ALBANY, OR 97322(541) 917~7700 (PHONE) (541) 917-7641 (PHONE)
PROJECT TEAM
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SANITARY SEWER NOTESCD SANITARY SEWER MAfIHOl.£
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@ SANrTARYSEW£RIAANHOl..£Rlf.! EL 219A1"IE 10"-12' CONe. OUT NE 209.81'IE 10"-12" CONe. IN SVl209.86'IE 10"-12" CONC. SE z09.91'IE S'-8" IN NI'/209.91'CENltRUHEOFCHANNEL209.8B·
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PROPERTY UNE
EXISTlNGLOTLINE
EXISTING EASEMENT
EXISliNG WATER LINE
EXISTING POWER LINE
EXISTING GAS LlNE
£XISTlNG OVERHEAD \'IIR£
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LEGEND
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~~-- EXISllNGRtGHTOFWAY
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a EXISlll'l.G SANITARY MANHOLE@ EXISllNG STORM I.1AHOLE
o EXIS11NGCATCHBASIN1:1 EXISTING AREA DRAIN
.0- EXISTlHGFlREHYDRANTo EXISllNG WATER VALVE
..lJ.. EXISllNGSIGN~ HISl1NGSTflEETUGKT
C E)(ISl1NGPAVEMENTSEcnON
"!-:;LEX1SllNGTREE<r'\ TO BE REMOVED
LEGEND
~ ALL Tl1n:s: NOT NUMBERED HAVE A DIAMOER AT BREASTHEIGHT Of LESS lHA~ B', 1HEREFORE. NOT A LEGAL TREEUNDEFi ciTY OF ALBANY CODE.
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LEGEND:.-------------------------------------------------------------------------------------------------------------------------------------.--------.REVISIONS
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DATE DESCRIPTION
01.16.09 0 CITYREVIEW
02. CITYREVIEW
04.07.09 CITYREVIEW
11.05.09 CITYREVIEW
02.27.12 <V CLIENTREViSiONS
-6-
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,p n·..·1 ;tf:-Y"""'-:(
=.::=3 - PROPOSED CART RETURN PROVIDED BY LOWE'S
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1530 FARADAY AVE., SUITE 140CARLSBAD, CA 92008
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SCALE: 1"""40'
4~io~~_ii/..,~iiiiiiiii&iiiiiiil20 0 40
218 SPACES1.81 SP/1000 SF
411 SPACES
3.41 SP'l~~~
502,606 SF/ 11.54 AC
i> 1~~:~~~ ~~31,658 SF
259,889 SF82'
90,481 SF18%
COMMUNITY COMMERCIAL
16.5'* MIN.
~. 4" WIDE WHITE PAVEMENT111 I I-STRIPE TYPICAL
1--+8.5' MIN.*MAY INCLUDE 2' OVERHANG -- SEE PLAN
COMPACT PARKING STALL DETAILNTS
760.804.5300 M 760.918.9112 (F)
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1IilSCFV,IWlGISm;PROPERTYOfl.O\\'l;'SlllI'I,INc.N«!useoo.IlEPROOtlI;OO/lrl\\'HOl.£ORPAATISPl101lIil!TEDWJT1lOIJT1HEEXPRE3SEllWllllTEWcotlSmTOI'lOYreSH1W.(~C.00Pffi~W2OOllAlLR1GKl$JlESERI/EII
18.5'* MIN. • •
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'MAY INCLUDE 2' OVERHANG -- SEE PLAN
STANDARD PARKING STALL DETAILNTS
1;~4" WIDE WHITE PAVEMENT~I f121 I STRIPE TYPICAL
'MAY INCLUDE 2' OVERHANG -- SEE PLAN
CONTRACTOR PARKING STALL DETAILNTS
27 3/8"
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SITE CHARACTERISTICS
MN'MUU pAR'<NQ STAUBRAllO REQUIRED
FRONT FIELD PROVIDED
PARKING COUNT SUMMARY
TOTAL PAAKNO STAl.l.8 PFlOVIDEDRATIO PROVIDED
ZONING INFORMAllON
SITE AREA
IMPERVIOUS:BUILDING:GARDEN CENlER:HARDSCAPE:PERCENT OF SITE IMPERVIOUS:
PERVIOUS AREA:PERCENT OF SITE PERVIOUS:
SHORT TERM BIKE PARKING - HOOP RACK DETAILNI5
CONCRETECROSSWALK
PAINT 'NO PARKING' USING12" HEIGHT MIN. WHITE LETTERING
ADA ACCESSIBLE PAI1KING STALL DETAILNTS COMPLY \11TH MOST CURRENTADA STANDARDS
OREGON UTILITYNOTIFICATION CENTER
1·800·332·2344
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401'
94'
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TREE GRATE (TYP.)
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_____ -- PROPOSED BUILOI!'lCWAlJ...________~ - EASEMENT UNE
--W-_.....- - EXISTING UNDERGROUND WATER UtlE
--n;s~- - E>:ISTING SANIT",RY SEWER UNE
__ -SD-- - - - EllTS11NC STORM DRAINAGE UNE--e-- - UNDERGROUND ELEC1RICAL UNE
------QHW-- -- allERHEAD \\1RE----(;--------- _ UNDERGROUND GAS UNE___~ PROPOSED EASEMENT UHE
--lO"WAT-- -- PROPOSED WAlER UNE___ - PROPOSED SANITARY SEVIiOR UNE
- EXlSnNG SANITARY SEWER MANHOLE
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- PROPOSED SANITARY SEI'.£R MANHOLE
- PROPOSED FlRE H'iIlRANT_ PROPOSED GATE VALVE__ PROPOSED CATCH BASIN
-- PROPOSED AREA DRAIH/OITCH INlET
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31
('LO 08031l;\lb,:my Oak Street
('SITE PLAN MODIFICATIQN NARRATIVE
1.226 Modification of Approved Site Plan Review and Conditional Use Applications. Whena property owner wants to, make ohanges to the approved plans and the approval has not expired/the following procedures shall be used to review the proposed modifications.. '
(1) Definitions: When "property owner'/ is used here/ it means the property owner/ or the propertyowner's authorized ag,ent.. When "site planll is used here/ it means the site plan approved'through either a site plan rE;Jview or a review of a conditional use.
RESPONSE: The proposed l1.l0dified site plan relates,to Low~'s HIW's,previouslyapproved project located at 1105 qak Street. This site is owned Iby lowe'swith Baysinger Partners Architecture acting as authorized agent. 1rhis sitehas <II preViously approved site plan under application Iilumbers VR.-09-0S(Variance), SP-38-0S (Tree Felling Permit) and SP-37-08 (Site Plall1Review). These applications were originally approv~d by City COUll1cU hi!January 2010 with <II decision by City Council in December of 2011 thatvested the 2010 approval; therefore the ~pproved pla~s are not expired.
(2) The property owner must submit an application to modify the approved site plan that Identifiesthe areas of the plan or approval proposed to be modIfied. The application fee will be' ,determined by the DIrector and will be based on the scope of the modification(s) and review.
RESPONSE: The proposed changes to the approved plan include a new truck accessdrive to 5E 9th Avenue off the northeast corner of the building, modificationsto the east/west pedestrian walles in the ,flt'ont parking field resulting fromstorm designs for the 401 permit and various swales added throughout thefront parking field and north of the garden center. These changes areportrayed in the included plans and clouded for easy recognition; therefore,this criterion is met. '
(3) The review body shall be the same one that granted the final approval for which modification issought. The same procedures shall be used as for the original approval. rhe Development Coderegulations In effect at the time the application for modIfication is submitted will be used toreview the proposed modlflcation(s).
RESPONSE: The original application was approved by 'City COlln'cil. The app,IiCal81tunderstands the City Council will ~e the review body for this proposedmodification.
(4) Only the area proposed to be modified will be reviewed.
RESPONSE: The applicant understands that olUy the area(s) proposed for modificationwill be reviewed. All areas proposed for modification are clouded! alll theattached exhibits.
(5) A modification shall not be flied:
(a) as a substitute for an appeal, or(b) to seek the reduction or elimination of a condition pf approval for infrastructure
reqUirements/ or '(e) to provide a new timellne for appealing a preViously-accepted Infrastructure obligation/ or(d) to apply for a substantially new proposal, or(e) if it wo~ld have sIgnificant additional impacts on surrounding properties.
BAYSINGER PARTNERS ARCHITECTU.RE 1 FEBRUARY 24, 2012
ATTACHMENT IV -APPLICANTS FINDINGS & CONCLUSIONS
32
LO 08031 Albany OakStreel;( .( .
SITE PLAN MOOIFICATION NARRATIVE
.If any of the above conditions exist, a new application must be submitted,
RESPONSE: The proposed modification is not in lieu' of an appeal, does not seek toreduce or eliminate a condition of approval.for required infrastructureimprovements, is not to provide a new timeline for appealing a previously~
accepted infrastructure obligation and is not to apply for a substantially newproposal,
Add'itiC!nally, the proposed changes will not have significant additionalimpacts on surrounding properties. The modifications will not increase thetraffic counts or truck trips to or from the site. The new access will improvedelivery truck circulation, greatly minimize any potentially unsafeinteractions between large delivery trucks and LQwe's customers andreduce on-site tr",ck maneuvering times thereby reducing truck noise andemissions. ' .'
, The proposed modification does not include any of the above conditions;theB"~fore,a new application is not required,
(6) The modified plan must compensate for any negative effects caused by the requested 'changesfrom approved plans such that'the intent of the original approval is still met.
RESPONSE: No' negative effects a're caused by the requested ch;:mges; therefore, nocompensations are necessary. .
(7) The modification(s) shall be consistent with the approved site plan, If the review bodydetermines that the modified site plan meets the standards in 1.226 (6) and is consistent withthe original approval as outlined in 1.226 (8), a modification to the site plan may be allowed. Ifthe modified site plan is consistent With the approved site plan and m~ets the review .criteriaspecified 'in this section, the modified plan shall be approved. If the review body determinesthat the modified site plan is not consistent with the original approval, then approval of the siteplan will be denied, If a new application is submitteo, it will be subject to the DevelopmentCode standards in effect at the time the new application is submitted.
RESPONSE: The applicant believes that the modified site plan meets the standards olf1.226(6) and is consistent with the original approval as outlined in:1.226(8); refeno narrative s~ctions1,226(6) 8lbove alnd 1.226(8) fordetailed responses. '
(8) The review body's determination on consistency shall be based on a comparison of theapproved site. pJi'ln and the modified site. plan, taking into account:
eEl) The land use category;
RESPONSE: The approved site plsn was for a Lowers Home Improvement Store, a retailcommercial use. The modified site plan does not indude changes to thebuilding or tenant. The use of the modified site pUan will remain retailcommercial,
(b) The size and scale of the proposed building(s);
RESPONSE: The approved site plan was for a 12.0,578 square foot lowe's Home. Improvement Store with an attached 31,658 square foot outdoor garden
( -
aAYSINGER PARTNERS ARCHITECTURE 2 FEBRUARY 24, 2012
33
('LO 08031 Albany Oal< Street'
(SITE PLAN MOQIFICATION NARRATIVE
centea:. T.he modified ,site plan does not propose any changes to the building,indluding changes In area or heights. The building approved under theprevious review will remain unaltewed BlS part of this requested site planmodification.
(c) Traffic and other off~site impactsi
RIESP'ONSE: Th'e proposed modifications will not increase the traffic couQts Olr truck tripsto or from the site. The new access to SE 9 th Avenue will improve' deliverytruck circulation and will greatly minimize any potentially unsafe 'interactions between large delivery trucks Bi'!d Lowe's customers. Improvedon"site truck circulation will also reduce the on"site maneuvering time oftrucJ{§ thereby reducing truck noise and emissions. The new access will alsoallow for a reduction of truck traffic on SI: oak Street adjacent to nearbyresidences as trucks can now access the site directly from S5 9th Avenue.
(d) Compatibility with surrounding development;
RESPONSE: The approved·site plan, which is fully vested and mitigated, indudesmeasures and features that ensure the projects compatibility withsurround'ing development. These features include fencing and/oll' an 8"feet
, high eMU wall along proper,ty lines of abutting diffe'ring uses/zones. Theproposed modifications will not alter these featur,es or measures.Additionally, the proposed modifications will not alter the use, size or scale
. of the building or project and will not result in addition~1 trips or number oftrucks servicing the site.
The proposed pedestrian wall<waysr mad~ from pervious paving materials,and inclusion of swales will result in increased low impact biologicstormwater quality treatment as well as result in a reduction of imperviowil,area on"site; features that benefit surrounding properties as well as theadjacent creel<. The proposed truck access onto 9 th Avenue Sl.E. will allow.for improved on"site truck traffic patterns. With the new access, trucks canenter from 9th Avenue and bacl< into the docks without needing to turnaround first. This has the potential to reduce the amount on~sitemaneuvering required along the east side of the building and adjacent tonearby residentially zoned parcels. AdditionallY, with direct access to and.from SF: 9,th Avenue truck traffic ,on SE Oak Street, which has abuttingr~sidential parcels to the west, win be reduced, .lowering potentlaD impactsto thbse parcels. Installation of the truck access will also allow for adecrease in the width of required paving along the northeast corner of thebuilding. This wili allow for a larger landscape buffer between the projectand ,the creek as well as adjacent parcels, increasing the overall sitelandscaping by approximateiy 304 square feet while decreasing the amount'of impervious surface.
(e) CapaCity ,of avaIlable Infrastructure; an,d
RESPONSE: The modified site plalt'l wilrnot alter the scope of the project and will notresult in an increase in traffic counts or number of truck trips to ailld fromthe site. The proposed modifications will only result in i'mprovedaccessibility for towels large delivery trucl<s and Improved runoff waterquality.
BAYSINGER PARTNERS ARCHITECTURE 3 FEBRUARY 24,2,012
34
LO 08031 Alb'any Oalc Street
. ( .
SITE Pl."'l\! MODIFICATION NARRATIVE
(f) Unusual ob;tacJes and opportunities associated with the property.
RESPONSE: This criterion does not apply as there are no unusual.obstacles oropportunities associated with the property.
The modified site plan will b'e found to be consistent with the approved site plan if the revl~w bodydetermines that there are no greater adverse impacts, or, if additional adverse Impacts areidentified, they' have been adequately mitigat~d.
. .'
RESPONSE: As noted above, the proposed modifications will not result in any adverseimpacts to the site, adjacent properties or abutting transit systems. In fact,
. th~ proposed modifications will.improve several cOll1ditions induding on-sitepedestrian safety .md improved stormwater infiltration and quality. Theamount of impervious surface on-site will be reduced and the overallamount of landscaping and width of landscape buffer between the project,adjacent creek and parcels at the nor~heastcorner of the bUilding will beincreased by approximately 304 square feet. On-site truel< maneuvering willalsQ be Improved potentially reducing truck noise Cllnd emissions and trucktraffic on Sf: Oak-Street, adjacent to residential parcels, may also bereduced•.
(
BAYSINGE~ PARTNE:RS ARCMITECiURE 4. FEBRUARY 24, 2012
35
CITY HALL333 Broadalbin SW
P,O, Box 490Albany, OR 97321-0144www.cityofalbany.net
(541) 917-7500
ADMINISTRATIVE SERVICESCily Manager's' Office
(541) 917-7500. FAX (541) 917-7511
Finance/Recorder(541) 917-7500
FAX (541) 917-7511
Municipal court(541) 917-7740.
FAX (541) 917-7748
COMMUNITYDEVELOP~ENT
Planning(541) 917-7550
FAX (541) 917-7598
Building Division(541) 917-7553
FAX (541) 917-7598
ECONOMIC DEVELOPMENT(541) 917-7500
FAX (541) 917-7511
Call-A-Ride(541) 917-7770
FAX (541) 917-7573TDD (541) 917-7762
Transit(541) 917-7667
, FAX (541) 917-7573TDD (541) 917-7678
FIRE ADMINISTRATION(541) 917-7700
FAX (541) 917-7716
HUMAN RESOURCES(541) 917-7500
FAX (541) 704-2324
INFORMATION TECHNOLOGY221 Ti)ird Avenue SW
(541) 917-7500FAX (541) 917-7511
PARKS & RECREATION.ADMINISTRATION
,(541) 917-7777FAX (541) <117·7776
Urban ForestryIBuilding Maintenance
(541) 917·7679FAX (541) 917-7776
PUBLIC WORKSEngineering
(541) 917-7676FAX (541) 917-7573
Water/Sewer Billing(541) 917-7547
FAX (541) 917-7511
r
l
IL
Detel'mination, of Completeness
March 21,2012
Jerry R. BaysingerBaysinger Partners Architecture PC1006 SE Grand Avenue #300Portland, OR 97214
File Number: SP-05-12
Dear:Mr. Baysinger,
As ofMarch 21, 2012, the above application has been deemed' complete. By state law,the City has 120 days from the date the application is deemed complete to issue a finaldecision, including aU appeals ..
. .Now that the application is deemed complete, the City will process it with the informationsubmitted. If at any time you submit revised materials, the 120-d?-y processing time mayreset to a new date. Ifadditional applications or plan revisions are subinitted after the dateofthis letter, additional fees and public notice may be necessary.
_piease understand that nothing in this letter constitutes an approval ofyour application or a. _finding of compliance with any city policy or standard. With tbis letter, the staff isdeclaring only that the application materials are' sufficient· for the city to begin review ofthe application for compliance!
Ifyou have any questions, please contact.me at (541) 917-7550.
Sincerely,
·0~~~~t~David Mmiineau, Project Planner .,cc: File SP-05-12
Greg Byrne, Community Development ryiryctorMark Shepard, Public Works DirectorRon Irish, Traffic AnalystJack Mandel, Lowe's HIW, Ilic.Jeremy McPherson, Cardno WRG
ATTACHMENT V - DETERMINATION OF COMPLETENESS
36
NOTICE OF PUBLIC HEARING
COMMUNITY DEVELOPMENT DEPARTMENT333 Broadalbin Street SW, P.O. Box 490Albany, OR 97321
Phone: 541-917-7550 Fa'l: 541-917-7598WlI'W. cityofalbany.net
HEARING BODY
HEARING DATE
HEARING TIME
HEARING LOCATION
GENERAL INFORMATION
City Council
Wednesday, April 25, 2012
7:15 p.m.
Albany City Hall, Council Chambers, 333 Broadalbin Street SW
DATE OF NOTICE: April5,2012
FlLE: SP-05-12
TYPE OF APPLICATION: Site Plan Modification to previously approved Site Plan Review (SP-37-08, SP38-08, VR-09-08) that would allow a new truck access drive onto SE 9th Avenue,change east/west pedestrian walkways in the front parking lot area, and addswales in the front parking area. The original Site Plan Review was approved byCity Council on JanualY 13,2010.
REVIEW BODY: City Council
Notice ofPublic Hearing/SP-05-12 Page 1
According to the Albany Development Code (ADC) Section 1.226, when a propel1y owner wants to makechanges to approved plans and the approval has not expired, the property owner must submit an application tomodifY the approved site plan. The review body shall be the same one that granted the approval for whichmodification is sought. Only the area proposed to be modified will be reviewed. The modified plan must
The Planning Division is processing a Site Plan Modification for Lowe's HIW, Inc. to allow a new truck accessdrive onto 9th Avenue SE, change pedestrian walkways and add drainage swales in the parking lot area. Theproperty is located near the southeast corner of 9th Avenue SE and Oak Street SE. The original Site Plan Reviewwas approved by City Council on January 13,2010, under Site Plan Review and Variance file numbers SP-37-08;SP-38-08; and VR 09-08.
PROPERTY OWNER:
APPLICANT:
ENGINEER:
LOCATION:
MAP/TAX LOTS:
ZONING:
Lowe's HIW, Inc.; c/o Jack Mandel; 1530 Faraday Avenue, Ste. 140; Carlsbad,CA 92008; (760) 804-5309
Jeny R. Baysinger, Baysinger Paliners Architecture PC; 1006 SE Grand Avenue,#300; Portland, OR 97214; (503) 546-1600
Jeremy McPherson, Cardno WRG; 5415 SW Westgate Drive, Ste. 100; Portland,OR 97221; (503) 419-2541
1105 Oak Street SE
Lil1l1 County Assessor's Map No. llS-03W-08BC; Tax Lots 1000, 1100, 1201,1202 and 1300. (Approval has been granted to consolidate these five tax lots intoone parcel, File LA-13-08.)
CC (Community Commercial) District
(!Jza:«wJ:()
...IlD::J0-Uo.ow()
IoZI
>IZw:EJ:()
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37
compensate for any negative effects caused by the requested changes from approved plans such that the intent ofthe original approval is still met. The modifications shall be consistent with the approved site plan.
We have attached a location map, the original site plan and the modified site plan showing areas ofthe propertywhere modifications are proposed.
A copy of all documents and evidence submitted by or on behalf of the applicant, and applicable criteria, areavailable for inspection at no cost at the Albany Community Development Department, Planning Division. Thestaff report will be available at the Planning Division located in City Hall by 5:00 p.m. on Wednesday, April 18,2012. A copy will be available at the City's web site at the following link:http://www.cityofalbany.net/departments/communitv-development/current-planning-projects. Copies willbe provided upon request for a fee. For more information, please contact David Martineau, Project Planner, orHeather Hansen, Planning Manager, at 541-917-7550. Submit any written comments to the Planning Division;P.O. Box 490; Albany, OR 97321. Any person who submits written comments or testifies at a public hearing willreceive a copy ofthe Notice ofDecision.
If additional documents or evidence are pl'ovided by any party, the City may allow a continuance or leave therecord open to allow the parties a reasonable opportunity to respond. Any continuance or extension of the recordrequested by an applicant shall result in a corresponding extension of the 120-day time limitations of OregonRevised Statute (ORS) 227.178.
YOUR COMMENTS
All testimony and evidcnce must be related to the approval standards for this application which are listed in thisnotice. Failure to raise an issue by letter or in person before the close of the record or the final evidentiaryhearing, or failure to provide statements or evidence with sufficient detail to allow the City Council an adequateoppOltunity to respond to each issue raised, precludes an appeal to the State Land Use Board ofAppeals (LUBA)based on that issue.
PUBLIC HEARING PROCEDURE
The public hearing will begin with a declaration of any ex parte contacts (contacts which occurred outside of thepublic hearing) or any conflict of interest by the decision-makers. This will be followed by the repOlt from thePlanning staff. Then the applicant will testify, followed by testimony by other people who SUppOlt theapplication. After the people who SUppOlt the application are finished, testimony from opponents will begin. Theapplicant will then be given the opportunity for rebuttal. The decision-makers are free to ask questions of anyperson who has testified, or of staff, at any point during the hearing.
If the hearing is continued or the record is left open, the chairperson will announce the date, time, and place forresumption of the hearing, and/or what limitations exist on fmther testimony or submittal of written materials. Ifthe hearing and record are closed, the decision-makers will begin deliberations and/or will announce the time,date, and place when the decision will be made.
APPROVAL STANDARDS FOR THIS REQUEST
The Albany Development Code (ADC) contains the following review criteria that must be met for this applicationto be approved:
ADC 1.226(8):
The review body's detenuination on consistency shall be based on a comparison of the approved site planand the modified site plan, taking into account:
(a) The land use category;(b) The size and scale ofthe proposed building(s);(c) Traffic and other off-site impacts;
Notice ofPublic Heal'inglSP-05-12 Page 2
38
(d) Compatibility with surrounding development;(e) Capacity of available infrastructure; and(f) Unusual obstacles and opportunities associated with the property.
The modified site plan will be found to be consistent with the approved site plan if the review bodydetermines that there are no greater adverse impacts, or, if additional adverse impacts are identified, theyhave been adequately mitigated. .
ADDITIONAL REVIEW STANDARDS FOR THIS SITE PLAN REVIEW ARE FOUND IN ALBANYDEVELOPMENT CODE ARTICLES 1, 2,4,9, & 12.
The location of the meeting/hearing is accessible to the disabled. Ifyou need special accommodations to attendor participate, please notifY the Human Resources Department in advance by calling 541-917-7500.
Attachments: Location Map
DistributionProperty OwnerApplicantApplicant Rep.Affected PropertiesFile SP-05-12City CouncilPost
111
36
17
2
Notice ofPublic HearinglSP-05-12 Page 3
39
•n'~"n"lT'.." -"'~tlJ
v4/1jdihii..----71•
TO:
VIA:
FROM:
DATE:
Albany City Council
Wes Hare, City ManagerMark Shepard, P.E., Public Works Director
Jeff Blaine, P.E., Assistant Public Works Director/C~ Engineet:~'/(5Ronald G. Irish, Transportation Systems Analyst ~9 I .
March 28,2012, for the April 25, 2012, City Council Meeting
SUBJECT: i h Avenue Parking Removal Request
RELATES TO STRATEGIC PLAN THEME: - A Safe City
Action Requested:
Staff recommends Council adopt a resolution to remove 20 feet of on-street parking on the southside of 7th Avenue in front of 1086 7th Avenue. A resolution is attached for Council actionshould you choose to implement the restriction.
Discussion:
Staff has received a request (attached) from Albany General Hospital Safety Committee to restricton-street parking next to an existing crosswalk on 7th Avenue. The parking removal would be onthe south side of 7th Avenue and would remove 20 feet of parking on the west side of an existingcrosswalk. The request cites safety issues relating to a lack of sight distance.
This street (7th Avenue) is classified as a local street. The hospital is on the north side of thestreet and medical offices on the south. The existing mid-block crosswalk and posted pedestrian'crossing zone is located about 450 feet west of Elm Street. It was installed several years ago atthe request of the hospital and is intended to accommodate pedestrian trips between the hospitaland offices. On street parking is restricted on the north side of 7th Avenue next to the crosswalkby yellow curb. On the south side of the street a driveway restricts parking to the east of thecrosswalk. Parking is, however, allowed immediately west of the crosswalk (photo's attached).Vehicles parked next to the crosswalk limit the sight distance of both pedestrians and drivers.Installation of 20 feet of yellow curb just west of the crosswalk on the south side of i h Avenuewould provide sufficient sight distance for the crosswalk. One on-street parking space would belost. .
Budget Impact:
None.
RGI:msAttachments (4)
40
Attachment A
_Samaritan PV1/ E~nfJinG~Sil1j~flritar1Albany Genera,l Hospital
Health ServiceslJultdlllg health/er communh'Jes together
MEMO
Date:
To:
From:
Re:
,r:::~:h, ely ofAlbany ,.jLyn Giboney, Plant Services Manager (Iyng@sarnhealth,org)
i h Street Cr()sswalk
The Safety Committee at Albany Internal Medicine and Albany General Hospitalbrought up a safety Issue that needs a resolution.
The issue is the crosswalk on i h Street, between Albany Internal Medicine (1086w. 7~!1 Street) and Albany General Hospital. Staff, visitors and patients use thatcrosswalk and because of the parking on ill Street, it is not safe. we havelimited parking on the north side and contil'ltIe to have oursecurny monitorvendor$ parking on 1h Street.
Two of the poS$ible resolutions would be better signage and/or el1minating oneparking spot On the south side of til Street. There is a driveway on the east sideof the crosswalk that alklws better visibility. Ifwe eliminated one parking spot onthe west side it shQuld all'Ow pedestrians to be able to see both directions beforestepping into the street.
""~ 41
Attachment B
42
Attachment C
43
RESOLUTION NO. _
RESOLUTION REMOVING 20 FEET OF ON-STREET PARKING ON 7th AVENUE.
WHEREAS, the City has received a request to restrict on-street parking next to a existing crosswalk oni h Avenue; and
WHEREAS, said crosswalk provides a pedestrian connection between Albany General Hospital and medicaloffices; and
WHEREAS, removal ofparking next to the crosswalk will improve safety at the crossing by improving sightdistance for both pedestrians and drivers.
NOW, THEREFORE, BE IT RESOLVED the City Council does hereby authorize the following parkingrestrictions:
• Remove 20 feet of on-street parking along the south side of i h Avenue immediately west of thecrosswalk located at 1068 i h Avenue.
DATED AND EFFECTNE THIS 25th DAY OF APRIL 2012.
Mayor
ATTEST:
Deputy City Clerk
44
APPROVED:
CITY OF ALBANYCITY COUNCIL
Council ChambersWednesday, March 28,2012
7:15 p.m.
MINUTES
CALL TO ORDER
Mayor Sharon Konopa called the meeting to order at 7:15 p.m.
PLEDGE OF ALLEGIANCE TO THE FLAG
Konopa led the pledge allegiance to the flag.
ROLLCALL
Councilors present:
Councilors absent:
SCHEDULED BUSINESS
Councilors Jeff Christman, Bill Coburn, Bessie Johnson, Ray Kopczynski, Dick Olsen, andFloyd Collins.
None.
Child Abuse Prevention and Awareness Month Proclamation
Konopa read the proclamation for April 2012, Child Abuse Prevention and Awareness Month, which was included in theagenda.
Konopa said there will be a "Day of Hope" recognition at City Hall on April 4, 2012, at noon. The ABC House is thelocal organization that handles child abuse cases in Albany. Konopa said the ABC House is a wonderful organization.
Arbor Week Proclamation
Konopa read the proclamation announcing April 2-6, 2012, as Arbor Week, which was included in the agenda.
Parks & Facilities Maintenance Manager Craig Carnagey said there are several events planned during the week tocelebrate Arbor day: neighborhood tree plantings, the Fourth Grade Foresters Program, a Tour of Trees of Albany'sheritage trees and at the Oregon State University (OSU) campus, and the Sawing for Schools program which providessalvaged lumber to local woodshops. Carnagey said that Albany has been named Tree City U.S.A. for the 18th
consecutive year. The City's website has these events listed.
SCHEDULED BUSINESS
Business from the Public
Joe Rae Perkins, 1033 Maple Street SW, said it is her understanding, based on an article in the newspaper, thatCity Manager Wes Hare may be requesting the Council's permission to join a program that may have to do withglobal warming or climate change. Perkins said this is a very controversial issue.
Perkins read most of an article from the Wall Street Journal, dated March 28, 2012, titled ''No Need to PanicAbout Global Warming" (see agenda file).
Perkins said that recently Canada implemented a carbon tax, with the goal to reduce use. She said, we know thatplants like CO-2. The more CO-2 there is, the more plants there are and they give back oxygen to us. She askedher friend who lives in Canada what they thought about their new carbon tax and that person said they hate it.Perkins said the problem with the carbon tax is that the purpose is to get people to use less carbon, so they aretaxed on the amount of carbon they use. They have changed their taxing structure; but if less carbon is used, theyget less revenue and they are going to end up having another economic issue.
Perkins said, there is not enough hard, long-term science. George Taylor, a former climatologist at OSU,researched this matter going back much farther than today's current climatologists do. He found photos thatshow that the same things happening in the 1920's are happening now. This is cyclical. Perkins said, the factthat the City is even consideringjoining in on this, especially if it will cost, is ridiculous.
Perkins asked, is the City still participating in Blue Sky energy? Staff said yes. Perkins asked if the City hasresearched if it costs the City more to use Blue Sky energy than not. Staff said the City pays a fee ofapproximately $3,000 to use wind power for a portion of City energy consumption out of over one million paidannually for all City operations. Perkins said that that $3,000 could be put to better use. The wind farms cannotbe run as much as they would like because the extra capacity cannot be stored; and when they do not haveenough wind to run the turbines, they have to use natural gas to turn them on. It is counter-productive. Sheasked the Council to seriously consider why they should sign on to "voodoo science."Jim Clausen, 1448 Geary Street #3, said the last time he commented at a Council meeting it was about theTransient Lodging Tax (TLT) and how the recipients of the revenues should be accountable. Clausen said the
45
Albany City Council Regular SessionMarch 28, 2012
Mayor said that there was a thick packet of reports from the recipients. Clausen said he got a hold of the reportand it is only three pages and is not a detailed account. He said it is useless. Konopa said that is not the stack ofreports she was referring to.
Clausen said he also read the article in the newspaper about Hare and the climate related group. Clausen saidHare was approached by OSU to further their agenda for climate change. OSU gets millions of dollars everyyear to study climat~ change; it is to their benefit to advocate and push it out into the community. Clausen saidthere is no evidence of manmade global warming. There have been cyclical highs and lows in globaltemperature. The medieval period had a world-wide temperature rise. There was a mini ice age 1,600 years agoand England froze over. The article in the paper talked about organizations, federal and state, to procure funds,but not one mention of the public. It was all about organizatiOIis. There is article after article about the nonexistence of global warming due to man's inventions.
Clausen said a recent article talked about the last 17 years having had no temperature increase. The InternationalPanel on Climate Change (!pCC) talked of a 17 year period being necessary to prove if there is a trend or not andin the last 17 years there has not been an increase. Clausen said that "climate gate" is a series of emails that camefrom IPCC and talked about manipulating and massaging the data to get what they wanted. They get billions ofdollars to push for climate change and are very successful at it. Clausen said, for the City to join thisorganization is ridiculous. There are articles and evidence that this is a scam and there is money behind it andthere are other large organizations tied to it. There is green technology that keeps going bankrupt. He wouldhate to see a company brought into Albany that will just go bankrupt. He urged the City Council to not join thegroup. It is pushed by OSU as a way to make more money and they don't care about anything other than gettingthose grants. It comes with more restrictions on our property rights, like Goal 5. It is a way for the governmentto take more control over everything we think, do, and say.
Wendy Frome, 35670 Ebenger Street, said she came tonight to learn more about what is being proposed. She hasconcerns about the Compact. She has friends that live in a metro area and some are involved with a similarcompact. A lot of times cities will make commitments with certain programs. Her question is, what would itcost the taxpayers? Sometimes these programs look beneficial because they offer grants, but they come with acost later on. Also communities become dependent on the funds and they are beholden to people that are notelected by local citizens. She said, we get into trouble when local cities, counties, and even the state becomebeholden to someone higher up. Taxpayer funds are hard earned. She urged the City to set an example by beingself-sufficient and taking care of ourselves. This should be voted on by the people; it should not be decided in aCouncil meeting. This program could be setting up a new layer of government. Lots of folks in the metro areaare upset that they have a new layer of government.
First Reading of Ordinances
LeVYing assessments against property specifically benefited by sewer and water connections and the assessmentof Sewer, Water, Parks, and Transportation System Development Charges for property described as Tax Lot2700, ParcelllS-03W-05DB and site address 2215 Water Avenue NE, and declaring an emergency.
City Attorney Pro Tern Jim Healy read the ordinance for the first time in title only: "LEVYINGASSESSMENTS AGAINST PROPERTY SPECIFICALLY BENEFITED BY SEWER AND WATERCONNECTIONS AND THE ASSESSMENT OF SEWER, WATER, PARKS, AND TRANSPORTATIONSYSTEM DEVELOPMENT CHARGES FOR PROPERTY DESCRIBED AS TAX LOT 2700, PARCELIIS-03W-05DB AND SITE ADDRESS 2215 WATER AVENUE NE, AND DECLARING ANEMERGENCY."
MOTION: Councilor Bill Coburn moved that the ordinance be read a second time in title only. Councilor FloydCollins seconded the motion and it passed 6-0.
Healy read the ordinance for a second time in title only.
MOTION: Coburn moved to adopt the ordinance and Collins seconded it. The motion passed 6-0 and wasdesignated Ordinance No. 5777.
Amending Title Two of the Albany Municipal Code CAMe) and declaring an emergency.
There was a revised ordinance on the dais (see agenda file). The revisions were to bold some words. This is ahousekeeping change.
City Attorney Pro Tern Jim Healy read the ordinance for the first time in title only: "AMENDING TITLE TWOOF THE ALBANY MUNICIPAL CODE AND DECLARING AN EMERGENCY."
MOTION: Coburn moved to have the ordinance read a second time in title only. Collins seconded the motionand it passed 6-0.
Healy read the ordinance for a second time in title only.
MOTION: Coburn moved to adopt the ordinance and Collins seconded it.
2
46
Albany City Council Regular SessionMarch 28, 2012
Hare recalled that the Council discussed having staff go through the AMC over two years ago, to makehousekeeping changes such as removing redundant passages where state law prevails, making it gender neutral,etc.
Public Infonnation Officer/Management Assistant Marilyn Smith said Title 2 was reviewed at a Work"Session inAugust and there have been no substantive changes since then. Hare said staff considered if they should bringrecommended changes to the AMC to the Council in sections or wait to bring it all at once. They decided thatwaiting to bring it as one document could be a few years out, so they are bringing it to the Council in sectionsinstead.
Councilor Dick Olsen said he appreciates getting it in small pieces.
Olsen asked why, on page 10, the Pro Tern Judge's wages are listed as hourly instead of as a salary. Hare said itis probably just an attempt to accurately capture the hours spent. This particular change was recommended byMunicipal Court.
Olsen asked, on page 15, related to referendum petitions, if it should refer to referendums and initiatives. Staffsaid they are addressed on page 14 of the agenda packet also. The only change is to change "City Recorder" to"City Clerk." .
Councilor Bessie Johnson asked, for the initiative petition process and the reference to 90 days, is there a way tomake it less confusing? She said the way it reads here is different than what the paper has been reporting.Konopa said the only change in this section is from City Recorder to City Clerk. Hare said the 90-day clockreferred to in Section 2.88.050 pertains to after the signatures are collected. It doesn't relate to what we havereceived up to this point on the current proposed initiative petitions, because we are not to the 90-day point in theprocess yet.
Councilor Jeff Christman asked why the Volunteer Fire Department reference was not deleted. Hare said eventhough we don't have one, the Fire Department wants to retain that option.
VOTE: A vote was taken on the motion to amend Title Two ofthe Albany Municipal Code and it passed 6-0 andwas designated Ordinance No. 5778.
Amending Title Seven of the Albany Municipal Code and declaring an emergency.
There was a revised ordinance on the dais (see agenda file). The revisions were to remove a "WHEREAS"statement that indicated the ordinance had been revieyved at the March 26, 2012, Work Session. That WorkSession was canceled so this item was not discussed.
City Attorney Pro Tern Jim Healy read the ordinance for the first time in title only: "AMENDING TITLESEVEN OF THE ALBANY MUNICIPAL CODE AND DECLARING AN EMERGENCY."
MOTION: Coburn moved to read the ordinance for a second time in title only and Councilor Ray Kopczynskiseconded it.
Healy read the ordinance for a second time in title only.
MOTION: Coburn moved to adopt the ordinance and Kopczynski seconded it.
Olsen asked if the reason for amending this title is because the state law supersedes local law. Hare said that iscorrect; these issues are either covered by state statutes or we no longer have the authority to regulate themanyway. An example is loitering.
VOTE: A vote was taken on the motion to amend Title 7 of the AMC. The motion passed 6-0 and wasdesignated Ordinance No. 5779.
Adoption ofResolution
Declaring an assessment due and payable and directing collection pursuant to ORS Section 223.270, Procedurefor Collection on Default.
Finance Director Stewart Taylor said the customer has not contacted the City to make payments. Hare said thatthis has gone on for years and the City has tried to accommodate them, but it's not working anymore and the Cityis no longer getting a response from the customer.
Johnson asked what the next step is. Taylor said that under state statute the resolution authorizes a foreclosure.Currently it is a lien. Johnson said it is a lot ofmoney, but it could have been taken care of after all these years.
Taylor said this situation has been discussed in prior Work Sessions and in September there was a similarresolution. The City is still considering other' issues and alternatives in pursuing payment of delinquent
3
47
Albany City Council Regular SessionMarch 28, 2012
assessments. The City is in negotiations with one party that is of utmost concern considering the size of theassessment and its inclusion in the Timber Ridge Local Improvement District (LID) area. Staff anticipatesbringing information to the Council in the near future.
MOTION: Johnson moved to adopt the resolution declaring an assessment due and payable and directingcollection, and Kopczynski seconded it. The motion passed 6-0 and was designated Resolution No. 6112.
Adoption of Consent Calendar
1) Approval ofMinutesa) February 1,2012, City Council and Greater Albany Public Schools Board Joint Meeting.b) February 22,2012, City Council Regular Session.
2) Accepting a five-foot sidewalk easement from CHS, Inc. RES. NO. 6113
MOTION: Kopczynski moved to adopt the Consent Calendar as presented and Coburn seconded it. The motionpassed 6-0.
Appointments
Mayor's Business Ready Task Force
Konopa said there is a revised memo for the Appointments to the Mayor's Business-Ready Task Force on thedais (see agenda file). She added a contractor to the Task Force since several Councilors made that request.There will be six to seven meetings over the course of four months. Recommendations from the Task Force willgo to the Planning Commission and then to the Council.
Christman said he was not at the Work Session where this was discussed. He asked, is the direction limited tothe examples in the staff report or can it be expanded to other related issues? Konopa said these issues were whatstaff is seeing in the business community, mostly realtors and their challenges with the Albany DevelopmentCode limitations to uses of property. It is not related to buildings, but more to their uses. The Task Force willstart with these but if there are other concerns Konopa said they will be added to the list, and will be addressed asstafftime becomes available.
Johnson asked, if there is someone who wants to bring forward (an idea) but wants to be anonymous, she doesnot support it. That would be just like bloggers in the newspaper. She would like to know who it is. Konopasaid that one of Albany's industrial users had suggestions but did not want to be part of the Task Force. Konopasuggested to them that they go through Albany Millersburg Economic Development Corporation (AMEDC.)Hare clarified that it would not be anonymous, because AMEDC President John Pascone would be representingthem. He often gets anonymous complaints about trees or parking issues, for example. This is not the case ofsomeone trying to hide something. Johnson said that it is a matter of trying to hide and she thinks they shouldnot be anonymous.
Olsen said that with his experience of getting complaints about the pros and cons of regulations related to dogs,he understands why folks would want to be anonymous in certain scenarios.
Hare pointed out that there are folks that do make complaints anonymously, who are perhaps fearful ofretribution from neighbors.
Konopa said this group was formed because they have heard that Albany is not business friendly; and if someonefeels that way they should let the Task Force know what their conc!"rns are. There is a regular citizen process tofollow.
MOTION: Collins moved to approve the recommended nominations to the Mayor's Business Ready Task Force(Sharon Konopa, Jeff Christman, Kate Foster, Oscar Hult, Mark Spence, Jessica Pankratz, Bob Richards, DaveReece, Ron Reimers, John Pascone, Janet Steele, and Arthur Meeker, and City staff Wes Hare and HeatherHansen.) Kopczynski seconded the motion and it passed 6-0.
Report
Willamette Valley Resilience Compact.
Hare encouraged folks to read the staff report that is part of the agenda packet, which is posted on the City'swebsite. It was not his intent, as the stilff report explains, to speak to whether global warming exists, or not. Thisis an organization that takes a regional approach to look at global issues. One advantage of a regional approachis to be able to take advantage of the power of many. There is not a cost to membership; it is voluntary. It alsoprovides the ability to take advantage of federal resources. Oregon is, and has been, a donor state when it comesto federal taxes because we pay more in than we get out. In the last rating Hare saw, Oregon ranked 34th
• Whenprograms become available, it makes sense for the City to at least be a participant in this group because of thenetworking it provides. For example, to be part of the New Energy Cities Program, we paid $2,500 and thoseconnections led us to over $300,000 in Business Energy Tax Credits (BETC). That was money that came to our
4
48
Albany City Council Regular SessionMarch 28, 2012
community instead of another community and was used for transit services. It also led to a substantial benefit forone of our local employers; they had a million dollar gain by being able to switch out light fixtures.
Hare said he can't promise the City will see the same return from participation in this group, but the only stafftime involved would be his own, by attending quarterly meetings. It allows Albany to keep our hand in the gameso we are aware of what is going on and opportunities that may come our way. The City's participation is notintended to be a political statement or participation in scientific analysis. It is important to stay involved in thesegroups ifwe want to be knowledgeable about federal dollars.
Olsen asked if OSl; is involved. Hare said OSU is a piece of it with work through their Sustainability Center, butthere have been others too, such as Benton County, Oregon City, and the city of Eugene. The goal is to be aregional effort. Hare said participation would not commit the City to spend money or do much at all, other thanto have a willingness to look at it on a regional basis.
Collins asked, if funding becomes available, do you have to be a member of this group in order to apply? Haresaid we do not. However, with the example of the BETC credits, if we had not been a member of that group wewould have never learned about them. In fact just recently, Hare suggested to Transit staff that they contact theNew Energy City group because they were unable to [md buyers for the BETC credits. Staff contacted the groupand the group connected them with the right folks to get the credits sold. Groups like this can direct cities so theycan be positioned to take advantage of federal dollars.
Collins asked why the League of Oregon Cities did not provide notice about this group. Hare is not sure; it maybe due to staffing limitations because they are a small organization.
Collins noticed that Benton County is a member of the group but Linn County is not. He asked if Hare knowstheir official position. Hare does not.
Collins said he will be votiI:\g no. He thinks our interest should be on local priorities like the preservation ofpublic safety, adopting a regional budget, recruiting and retaining more jobs, and efficiently running ourorganization. He said, those four will take all the time we have. This organization will be in existence in thefuture, and Albany can always join at a later date. .
Kopczynski will be voting for it. It will take a minimal amount of Hare's time. It is classic Networking 101 andit keeps us at the forefront of the knowledge base.
Konopa pointed out that networking helped get the BETC credits.
Collins said that networking can happen at professional levels, too.
Hare said that in his experience, being at the table when the resource becomes available means you stand a muchbetter chance of getting them. There is benefit in being involved. He understands that there is political fallout buthe thinks it is unrelated to the subject at hand. .
Konopa said that when it comes to climate change we may never see what is factual in our lifetimes. It willalways be controversial. But, we should be good stewards of our planet, so to tum our backs and ignore theopportunity to be good stewards is something she would not be proud of. Regardless of the position on climatechange, this is a good group to be a part of.
Christman sees four reasons to not be a part of this group. It will bring more regulation, and while it is not costingus now it will cost us somewhere down the line. The regional area is too big, from the Washington border toEugene. Finally, in his reading through the organizational structure, he thinks it could end up being just too big.
Johnson concurs with Christman about the multiple layers. As to Konopa's comments about taking care of theenvironment, she thinks that with things like the Environmental Protection Agency (EPA) and Goal 5, we have somany rules that we have regulated ourselves to death. Also, she thinks it may end up costing something,somewhere down the line.
Olsen recalled that he and Management Systems Director Bob Woods went to an energy meeting where the groupdiscussed money that was becoming available for water power. From this tip Olsen and Woods successfullypursued funding for the generator at the Vine Street Power House. It is worthwhile to participate in these groups.
MOTION: Olsen moved to join the Willamette Valley Resilience Compact and Kopczynski seconded it. Themotion failed 2-4 with Christman, Johnson, Collins, and Coburn voting no.
BUSlNESS FROM THE COUNCIL
Johnson said she has something to say about the Central Albany Revitalization Agency CCARA). Their meetings are nottelevised but this Council meeting is, so she intends to say it now. Johnson explained that a comment was made underBusiness from the Public at the March 14, 2012, City Council meeting, suggesting that the city of Lebanon and someother cities were giving up some of their urban renewal funding to the Linn County Sherriff's Office so they would not
5
49
Albany City Council Regular SessionMarch 28,2012
have to layoff as many staff. Johnson said that is not true. She wants to make sure the audience knows that. She askedthe Linn County Tax Assessor and the Assessor said it is not true. Harrisburg said they might, but later on; but to date, nocity has given up any of their urban renewal dollars. There are mistruths being spread and it makes Albany look like weare the bad guys.
Olsen thinks the truth is a scarce commodity and thanked Johnson for setting the record straight.
Kopczynski sent an email to Public Works about the recent power outage, which caused the Clock Tower at the trainstation to be offby 50 minutes.
Hare said the City of Albany has been looking forward to the day when we would become a Metropolitan PlanningOrganization. We achieved the status of an "urbanized area" which entitles us to some additional resources for transit,housing, and some planning money. There is legislation in the works, however, that would deny us the MPO designation.Corvallis has been a MPO as of year 2000 even though they are a community with a small year-round populationcompared to Albany. They also have a significantly wealthier demographic. Now, when we are fmally getting close, wemay be denied because the federal government may move the goal posts. Hare said the City is working with the Councilof Governments (COG) to move forward with the MPO designation now, since under the current law, we should beeligible.
Olsen asked, if the threshold changes, will Corvallis lose their status as an MPO? Hare said it depends; there are differentpieces of legislation pending with different thresholds.
Konopa said COG came up with a timeline and aggressive schedule in case there is a legislation change. The timeline istitled "Albany Area MPO Formation Preliminary Scope of Work - 2012" (see agenda file).
Community Development Director Greg Byrne said there are two documents on the dais from Oregon Department ofTransportation (ODOT), regarding Greenhouse Gas Reduction (see agenda file). Byrne has been involved in a technicaladvisory committee at the state level for statewide transportation strategy. This group was formed as a result of S~ateBill 1059, passed in 2010, and has to do with greenhouse gas. The legislature set targets for the state and Senate Bill 1059established a group to look at compliance with state law. Byrne said he was asked to serve as a local governmentrepresentative. There is no Council action required; this is just information only.
Byrne said that after he retires, in the near future, he doubts City staff will have time to continue with the group. It iscomposed of several state agencies, local government, MPOs, federal agencies, industry representatives, and someconsultants. This group is advising a policy group to comply with the state law by evaluating light vehicles, aviation,freight, and rail. There are several categories of recommendations coming out of the group that deals with vehicle andfuel technology, fuel economy targets, land use, and intelligent transportation systems.
Byrne said the handouts on the dais are products made available by ODOT from a database of more than 60 programsunder review for greenhouse gas reduction related to transportation. A benefit to Albany is that it lists co-benefits, likereduced traffic congestion and safety at intersections. These handouts are just an example of what can be found in theODOT database which is available on their website.
Byrne said the group's recommendations will be completed in June, and then will go to the legislature for implementationmeasures. It will not require Council action but the City may want to monitor it from afar.
Konopa said we have come a long way in reducing green house gases, but with more population we need to continue to beon top of it and look out for the environment.
NEXT MEETING DATE:
The next scheduled Work Session is on April 9, 2012, at 4:00 p.m., in the Municipal Court Room at City Hall. The nextscheduled Regular Session is on April 11, 2012, at 7:15 p.m., in the Council Chambers at City Hall.
ADJOURNMENT
There being no other business, the meeting was adjourned at 8:44 p.m.
Respectfully submitted,
Mary A. Dibble, MMCDeputy City Clerk
6
Reviewed by,
Stewart TaylorFinance Director
50
RESOLUTION NO. _
A RESOLUTION OF THE· CITY OF ALBANY, OREGON, AUTHORIZING THEEXECUTION AND DELIVERY OF A FINANCING AGREEMENT AND RELATEDDOCUMENTS AND THE COMPETITIVE OR NEGOTIATED SALE AND DELIVERYOF ONE OR MORE SERIES OF FULL FAITH AND CREDIT OBLIGATIONS, WHICHMAY BE DESIGNATED AS TAX-EXEMPT AND/OR FEDERALLY TAXABLE, THEPAYMENT OF SUCH OBLIGATIONS BEING EVIDENCED IN THE FINANCINGAGREEMENT AND RELATED DOCUMENTS; AUTHORIZING THE EXECUTIONAND DELIVERY OF A LOAN AGREEMENT AND RELATED DOCUMENTS WITHTHE ALBANY REVITALIZATION AGENCY; DESIGNATING AN AUTHORIZEDREPRESENTATIVE OF THE CITY AND DELEGATING AUTHORITY;AUTHORIZING THE FILING OF A VALIDATION PROCEEDING; AUTHORIZINGISSUANCE OF OTHER DEBT NOTWITHSTANDING PENDENCY OF APROSPECTIVE INITIATIVE MEASURE WHICH WOULD PURPORT TO LIMITCITY DEBT TO THAT IN EXISTENCE ON FEBRUARY 28, 2012; AND RELATEDMATTERS.
WHEREAS, the City of Albany ("City") is authorized by Oregon Revised Statutes("ORS") Section 271.390, the laws of the State of Oregon and its City Charter, to enter intofinancing agreements, lease-purchase agreements or other contracts of purchase for any real orpersonal property that the City determines is needed and to provide for the issuance ofcertificates of participation in the payment obligations of the City under financing agreements,lease-purchase agreements or other contracts ofpurchase; and .
WHEREAS, the City Council (the "Council") of the City ofAlbany, Oregon (the "City")acting as the Albany Revitalization Agency (the "Agency") is authorized pursuant to OregonRevised Statutes ("ORS") Chapter 457 to conduct proceedings and to issue tax incrementindebtedness pursuant to the terms and provisions of ORS Chapter 457 and ORS 271.390, for thepurpose of financing urban renewal proj ects authorized under its urban renewal plan and locatedwithin the urban renewal area (each as described below); and
WHEREAS, the City enacted Ordinance No. 5496 which approved the Urban RenewalPlan (the "Plan") for the Central Albany Revitalization Area (the "Urban Renewal Area") onAugust 8, 2001, as that Urban Renewal Plan has been and may be amended in the future; and
WHEREAS, the Plan establishes a maximum indebtedness of Fifty-Six Million Dollars($56,000,000) (the "Maximum Indebtedness") to carry out the projects of the Plan, and as of thedate of this Resolution the Agency has incurred $14,491,610 of aggregated indebtedness; and
WHEREAS, the Agency currently has $8,848,000 of outstanding indebtedness, whichincludes the (i) CARA Urban Renewal Revenue Bonds, Series 2007A (Tax-Exempt), issued inthe original aggregate principal amount of $2,822,000 and Urban Renewal Revenue Bonds,Series 2007B (Taxable, issued in the original principal amount of $1,865,000 (collectively, the"2007 Bonds") and (ii) CARA Urban Renewal Revenue Note, Series 2010, evidencingobligations of the Agency under a non-revolving line of credit in an aggregate principal amountnot to exceed $5,000,000, which includes tax-exempt and federally taxable draws (the "2010Note" and together with the 2007 Bonds, the "Outstanding Debt"); and
51
WHEREAS, the Agency desires to refinance all or a portion of its 2007 Bonds to achievedebt service savings, and to refinance the 2010 Note on a long term basis, and has requested thatthe City enter into a loan agreement (the "Loan Agreement"), with the Agency, pursuant towhich the City would agree to facilitate the refunding of the Outstanding Debt for the Areathrough a loan of proceeds received by the City from the sale and delivery of one or more seriesof full faith and credit obligations, any series of which may be offered on a tax-exempt orfederally taxable basis (collectively, the "CARA Obligations"); and
WHEREAS, pursuant to the Loan Agreement, the Agency will be obligated to provideurban renewal tax increment revenues (the "Tax Increment Revenues") from the Urban RenewalArea to the City for payment of principal of and interest on the CARA Obligations; and
WHEREAS, the City is contractually bound to complete certain projects related to theOak Street Local Improvement District (the "LID Project") as provided in the City Engineer'sReport adopted as part of City Resolution No. 5911, on or before April 30, 2013 pursuant to theterms of an Infrastructure Funding Agreement, attached hereto as Exhibit A; and
WHEREAS, it is in the best interests of the City to finance all or any portion of the City'sobligations related to the LID Project through loan ofproceeds received by the City from the saleand delivery of one or more series of full faith and credit obligations, any series of which may beoffered on a tax-exempt or federally taxable basis (collectively, the "LID Obligations" andtogether with the CARA Obligations, the "Obligations"); and
WHEREAS, it is in the best interests of the City to authorize the execution and deliveryof one or more financing agreements (collectively, the "Financing Agreement"), and such otherdocuments, which may include an escrow agreement with an escrow agent selected by the City ifthe Obligations are Publicly Offered (as defined below)' and other related financing documents(together the Financing Agreement and such other related financing documents, collectively, the"Financing Documents"), that provide the terms for the execution, delivery and sale of theObligations in the form of certificates ofparticipation in the Financing Agreement; and
WHEREAS, the City intends to use the proceeds received under the FinancingAgreement for the purpose of financing or refinancing of all or a portion of the followingprojects (collectively, the "Project"): .
(1) financing all or any portion of the costs of the LID Obligations;
(2) the portion of the proceeds received under the Financing Agreement attributableto the CARA Obligations will be loaned by the City to the Agency pursuant to the LoanAgreement for the purpose of (a) refunding, on a current or advance basis, all or a portion of theAgency's 2007 Bonds if, under current market conditions, such refunding would provide debtservice savings, and (b) refinancing the 2010 Note and extending the maturity date;
(3) fully funding a debt service reserve account, if required; and
(4) paying the costs of issuance of the Obligations; and
Page 2
52
WHEREAS, the City deems it necessary to authorize the sale, issuance and delivery of'one or more series of full faith and credit obligations, any series of which may be offered on atax-exempt or federally taxable basis, in an aggregate principal amount not to exceed the amountrequired to [mance or refinance the Project; and
WHEREAS, a prospective initiative measure was filed with the City on March 13, 2012,a copy of which is attached hereto as Exhibit B (the "Initiative Petition"), which proposes toamend the City Charter to limit City debt to that in existence on February 28,2012; and
WHEREAS, the City Initiative Petition proposes retroactive debt restrictions notpresently in effect; and
WHEREAS, until such time as the City Initiative Petition becomes law, if ever, the Cityneeds to incur debt in connection with customary City business including, by way of exampleissuing debt obligations to finance the Project as described herein; and
WHEREAS, in addition to the City Initiative Petition, another prospective initiativemeasure was filed with the City on February 23, 2012, a copy of which is attached hereto as
,Exhibit C (the"CARA Initiative Petition"), which proposes to amend the City Charter to repealthe existing Maximum Indebtedness amount established under the Plan and proposes to limitdebt of the Urban Renewal Area to that in existence on February 28,2012; and
WHEREAS, the CARA Initiative Petition proposes retroactive debt restrictions notpresently in effect; and
WHEREAS, until such time as the CARA Initiative Petition becomes law, if ever, theAgency needs to incur debt in connection with customary Agency business including, by way ofexample, executing and delivering the Loan Agreement with the City to refinance theOutstanding Debt as described herein; and
WHEREAS, the Agency pursuant to its ARA Resolution No. 2012-_ (the "AgencyResolution") has requested the City include matters related to the Loan Agreement and theCARA Initiative Petition in any action filed by the City to pursuant to ORS 33.710, for thepurpose of obtaining a judicial validation; and
WHEREAS, before proceeding with the execution and delivery of the FinancingAgreement and sale, issuance and delivery of one or more series of full faith and creditobligations to finance the Project and the execution and delivery by the City of theFinancing Documents and the Loan Agreement on the advice of its counsel, the City intendsto commence a proceeding in the Circuit Court of Linn County, Oregon pursuant to ORS33.710, for the purpose of obtaining a judicial validation of, among other things:
(1) the proceedings of the City providing for and authorizing the sale, issuance anddelivery of one or more Financing Agreements and related Financing Documents, one or moreseries of full faith and credit obligations and the funding of the Project;
(2) the proceedings of the Agency providing for and authorizing the execution anddelivery of the Loan Agreement and related documents and authorizing the prepayment anddefeasance of all or a portion of the Outstanding Debt of the Urban Renewal Area;
Page 353
(3) the validity and enforceability of the Financing Documents, the Loan Agreementand other related documents with respect to the Project, including documents executed anddelivered by the City and documents executed and delivered by the Agency;
(4) the authority of the Council to adopt this Resolution and future Resolutionsauthorizing the issuance or incurrence of other debt obligations secured by the full faith andcredit of the City pursuant to the City Charter and applicable provisions of Oregon law, includingORS 271.390 and ORS Chapter 287A (the "Act") without a vote of the electors ofthe City;
(5) the authority of the Board of the Agency to adopt resolutions authorizing theissuance or incurrence of other debt obligations secured by the tax increment revenues of theUrban Renewal Area pursuant to the applicable provisions of Oregon law, including ORS271.390 and ORS Chapter 457; and
(6) this Resolution (collectively, the "Validation"); and
WHEREAS, the City adopts this Resolution pursuant to the Act to provide for andauthorize (i) the terms of one or more Financing Agreements and related Financing Documents,(ii) the terms under which the Obligations may be offered for sale through a negotiated sale orthrough a public competitive sale process and.the Financing Documents related thereto; (iii) theterms under which the Obligations may be issued, subject to market conditions and debt servicesavings to the City; (iv) the terms of execution, delivery and sale of the Obligations, in one ormore series, evidencing and representing the payment obligations of the City under the FinancingDocuments; (v) certain officials and employees of the City to take action on the City's behalf andto execute and deliver the Financing Documents; and (vi) the Validation.
NOW, THEREFORE, BE IT RESOLVED by the City of Albany as follows:
Section 1. Authorization of the Obligations and Related Agreements.
(a) The City authorizes the execution and delivery of the FinancingDocuments. The City authorizes the execution and delivery of the Obligations, in one ormore series, any series ofwhich may be designated as tax-exempt or federally taxable, inan aggregate principal amount not to exceed the amount necessary to finance or refinancethe Project, as determined by the Authorized Representative.
(b) The proceeds of the CARA Obligations received by the City pursuant tothe terms of the Financing Documents shall be used to make a loan the Agency, pursuantto the Loan Agreement.
(c) The true interest cost of the Obligations shall not exceed five percent (5%)per annum for any such Obligations issued on a tax-exempt basis, and six percent (6%)per annum for any such Obligations issued on a federally taxable basis.
(d) The Obligations shall be subject to a book-entry only system of ownershipand transfer to the extent provided in the Financing Documents.
Page 454
(e) The remaining terms of the Obligations and the Financing Documentsrelating to the sale, execution and delivery of the Obligations shall be established asprovided herein and as otherwise set forth in the Financing Documents.
Section 2. Designation of Authorized Representative. The City Council designateseach of the City Manager, the Finance Director, or their designee (each an "AuthorizedRepresentative"), to act on behalf of the City and determine the remaining terms of theObligations to be established as set forth in this Resolution.
Section 3. Pledge ofRevenues; Payment.
(a) The Obligations are not general obligation bonds of the City. The Citypledges its full faith and credit and taxing powers to the repayment of the payments dueunder the Financing Agreement evidencing the principal and interest components of oneObligation as contemplated by ORS 287A.315, or any successor statute. Payment of theprincipal and interest components of the Obligations as evidenced by the Obligations ofthe City under the Financing Agreement may be from the City's general non-restrictedrevenues and other funds that are lawfully available for that purpose and revenues froman ad valorem tax authorized to be levied under the Cit:fsperrnanent fate limit undersections 11 and 11b, Article XI of the Oregon Constitution, and revenues derived fromother taxes, if any, levied by the City in accordance with and subject to limitations andrestrictions imposed under applicable law or contract, that are not dedicated, restricted orobligated by law or contract to an inconsistent expenditure or use. The RegisteredOwners 0fthe Obligations do not have it lien or security interest on the projects financedor refinanced with proceeds of the Obligations.
(b) The City will loan the portion of the proceeds attributable to the CARAObligations to the Agency pursuant to the Loan Agreement. The Loan Agreement shallobligate the Agency to pledge its Tax Increment Revenues to the City and to timelyprovide Tax Increment Revenues to the City in an amount sufficient to repay the loan ofBond proceeds, including without limitation, the payment of all principal and interestoutstanding on the CARA Obligations and all costs incurred by the City in connectionwith the issuance of the CARA Obligations (collectively, the "Loan Payments"). TheCity expects to apply the Loan Payments received from the Agency to the payment ofprincipal and interest on the CARA Obligations.
Section 4. Method and Procedures for Sale.
(a) The City authorizes the Obligations to be sold directly to one or morebank(s) ("Bank Sale") or publicly offered by competitive or negotiated sale ("PubliclyOffered"). Unless the context clearly requires otherwise, all provisions of this Resolutionshall apply to the Obligations without regard to the method of sale.
(b) The Authorized Representative shall establish the method of sale of theObligations. If the Obligations are Publicly Offered and sold pursuant to a competitivesale, .the Authorized Representative shall cause an official notice of sale (the "Notice") tobe published electronically prior to the saie date stated in the Notice. For a competitivesale, bids to purchase the Obligations shall be received and reviewed on the datespecified by the Authorized Representative in the Notice or upon such later date
Page 555
determined by the Authorized Representative if the sale is postponed based on market orother conditions. The Authorized Representative is authorized, on behalf of the City, toaccept or reject the bids for the Obligations. The Authorized Representative maypostpone the sale of the Obligations to a later date, cancel the sale based upon marketconditions or, alternatively, enter into a Publicly Offered negotiated sale of theObligations or a Bank Sale of the Obligations to a Bank, pursuant to terms determinedand approved by the Authorized Representative and as authorized by this Resolution.
(c) All other terms and conditions for the execution, sale and delivery of theObligations, whether through a Bank Sale or Publicly Offered shall be established asprovided herein.
Section 5. Form of Obligations. The Obligations shall be prepared in book-entry,; . only form by Special Counsel in substantially the form approved by the Authorized
Representative and the Escrow Agent. The Obligations may be printed or typewritten. Theobligations shall be subject to authentication, registration, payment, exchange and transfer asprovided in the Financing Documents.
., ... SeCtion 6. . Optional and Mandatory PrepaymenLAmounts payable by the City underthe Financing Agreement and amounts payable under the Qbligations may be subject to optionalprepayment and mandatory prepayment prior to stated principal component payment dates asdetermined by the Authorized Representative pursuant to Section 8.
Section 7. Tax-Exempt Status and Covenant as to Arbitrage. The provisions of thisSection 7 apply to any series of Obligations designated as tax-exempt.
(a) The City covenants to use the proceeds of any Financing Agreement andthe Project financed with the proceeds of such Financing Agreement, and to otherwisecomply with the provisions of the Internal Revenue Code of 1986 (the "Code") so thatthe interest components paid pursuant to the Obligations will not be includable in grossincome of the Registered Owners of such .obligations for federal income tax purposes.The City specifically covenants:
(i) To comply with "arbitrage" provisions of Section 148 of the Code,and to pay any required rebates and penalties; and
(ii) To operate the facilities financed or refinanced with the proceedsof the Obligations so that the Obligations are "private activity bonds" underSection 141 ofthe Code; and
(iii) To comply with all reporting requirements.
(b) The Authorized Representative may enter into covenants on behalf of theCity to protect the tax-exempt status of the interest components of any series ofObligations designated as tax-exempt.
Section 8. Delegation for Establishment of Terms and Sale of the Obligations. EachAuthorized Representative, acting singly, is authorized and directed, on behalf of the Citywithout further approval of the City Council to:
Page 656
(a) Establish series designations, including detennining the offering of anyseries as tax-exempt or federally taxable, the principal amount, the principal and interestcomponent payment dates, principal component amounts, optional and mandatoryprepayment provisions, if any, interest component amounts, premium and/or discount, ifany, denominations and all other tenns for the Financing Agreement, the other FinancingDocuments and the Obligations;
(b) Establish the method of sale of the Obligations as authorized in Section 4,and if the Obligations are sold on a negotiated basis, negotiate, execute and deliver abond purchase contract in the fonn approved by the Authorized Representative and othernecessary agreements, certificates or sale documents, or if the Obligations are sold bypublic competitive sale, approve the final fonn of and cause the Notice for a competitivesale, substantially in the fonn approved by an Authorized Representative to be publishedelectronically; award the successful bid or reject the bids for the Obligations, consistentwith the provisions of this Resolution;
(c) Make any covenants necessary or desirable to obtain good financing tennson the Obligations with respect to the pledge of the City's full faith and credit to secure
.. :the'-Obligations; .• < <.:,\ ','
(d) Negotiate the tenns of, and execute and deliver the Financing Agreement,and any other Financing Documents and the Loan Agreement;
(e) Obtain ratings on the Obligations if detennined by the AuthorizedRepresentative to be in the best interest of the City and expend Obligation proceeds topay for the ratings;
(f) Approve the fonn of the Obligations and take actions necessary to qualifythe Obligations for the book-entry system of The Depository Trust Company ("DTC");
(g) If necessary in connection with the selected method of sale:
(i) approve, execute and deliver a Continuing Disclosure Certificatepursuant to the Securities and Exchange Commission Rule 15c2-12;
(ii) Approve and authorize the preparation and distribution ofpreliminary and final official statements relating to the Obligations;
(h) Approve, execute and deliver closing documents and certificates relating·to the sale of the Obligations and the execution and delivery of the Financing Documents;
(i) Enter into covenants regarding the use of the proceeds of the Obligationsreceived by the City pursuant to the Financing Agreement and' the use of the Project tomaintain the tax-exempt status ofthe Obligations; and
G) Execute and deliver a certificate specifying the actions taken pursuant tothis Section 8, and any other certificates, documents or agreements that an AuthorizedRepresentative detennines are desirable to execute and deliver the Financing documentsand to sell and deliver the Obligations in accordance with this Resolution.
Page 757
Section 9. Defeasance. The City may defease all or any portion of the Obligationspursuant to the terms set forth in the Financing Documents.
Section 10. Authority to Issue Debt During the Pendency of the Initiative Measure.Notwithstanding any term of the Initiative Measure, including any set forth in Exhibit B hereto,the City may issue or incur debt subject to confirmation of such authority in the validation orderentered by the court for the following purposes in conformance with the provisions of the Act ineffect at the time the debt is issued:
(a) financing of the Project;
(b) financing of public improvement projects; and
(c) periodic issuance or incurrence of debt in conformance with the Act.
Section 11. Appointment of Counsel and Financial Advisor. The City hereby appointsOrrick, Berrington & Sutcliffe LLP of Portland, O~egon, as special counsel to the City withrespect to the Financing Agreement and the Obligations and Seattle-Northwest SecuritiesCorporation, as Financial Advisor to the City with re.spect to the Obligations. The City hereby·appoints Long Delapoer Healy McCann & Noomin PC {"City Counsel") to serve as counsel
.to the City in connection with the Validation.
Section 12. Continuing Disclosure for Obligations if Publicly Offered. If theObligations are Publicly Offered, the City shall undertake in a Continuing Disclosure Certificatefor the benefit of registered Owners to provide to the Municipal Securities Rulemaking Board(the "MSRB") on an annual basis on or before nine months after the end of each fiscal year,commencing with the fiscal year ending June 30, 2011, the information necessary to comply withthe requirements of the Rule. In addition, the City will undertake for the benefit of the registeredOwners to provide in a timely manner to the MSRB notices of certain material events required tobe delivered pursuant to the Rule.
Section 13. Validation Proceeding. The Authorized Representative is authorizedand directed to sign documents, direct proceedings and take any necessary or desirableaction in connection with obtaining the Validation from the Circuit Court of Linn County,
. Oregon as necessary to seek clarification from the court concerning matters related to theissuance or incurrence of debt by the City as described herein and by the Urban RenewalArea as described in the Agency Resolution.
Section 14. Resolution to Constitute Contract. In consideration of the purchase andacceptance of any or all of the Obligations by the Owners, the provisions af this Resolution shallbe part of the contract of the City with the Owners and shall be deemed to be and shall constitutea contract between the City and the Owners pursuant to ORS 287A.315 and ORS 287A.325, orany successor statute. The covenants, pledges, representations and warranties contained in thisResolution, or in the closing documents executed in connection with the Obligations, includingwithout limitation the City's covenants and pledges contained in Section 3 hereof, and the othercovenants and agreements herein set forth to be performed by or on behalf of the City shall becontracts for the equal benefit, protection and security of the Owners, all of which shall be ofequal rank without preference, priority or distinction of any. of such Obligations over any otherthereof, except as expressly provided in or pursuant to this Resolution.
Page 858
Section 15. Effective Date of Resolution. This Resolution shall take effectimmediately upon its adoption by the Council.
DATED AND EFFECTIVE THIS 25th DAY OF APRIL 2012.
Mayor
ATTEST:
Deputy City Clerk
Page 959
EXHIBIT A
RESOLUTION NO. 5911 .
A RESOLUTION FOR THE ADOPTION OF ENGINEERlNG AND FINANCIAL INVESTIGATIONREPORTS, AUTHORIZATION TO SECURE EASEMENTS AND RIGHT-OF-WAY, TO OBTAINBIDS, AND TO ISSUE DEBT FOR THE CONSTRUCTION OF ST-09-03, OAK STREET LOCALIMPROVEMENT DISTRICT.
WHEREAS, the City Council held a public hearing regarding the Engineer's Report at the May 12,2010,City Council Meeting and the formation of a Local hnprovement District for the improvements of OakStreet; and
WHEREAS, the City Council directed that staff proceed with an assessment methodology developed bythe Lowe's development team and said methodology is set forth in the Engineer's Report dated June 3,2010.' .
NOW THEREFOREBE IT RESOLVED that in the Engineer's Report of the Public Wcrks Director datedJune 3, 2010, and the Financial fuvestigation Report of the Finance Director filed with the City Recorderon January 21,2010, concerning ST-09-03, Oak Street Local hnprovement District, are hereby adopted.
BE IT FURTHER RESOLVED that, upon negotiations. and execution of the agreements andcOmnUtments identified in the above referenced Engineer's Report to the satisfaction of the City Managerand City Attorney, the Council authorizes the Mayor and City Recorder to sign agreements on behalf ofthe CitY of Albany tor the purpose of obtaining easements and right-of-way to construct the saidimprovements, direct the City Manager to obtain bids for the construction of said projects as required bylaw, and authorize the Mayor and City Recorder to make, issue, and negotiate debt to finance the designand construction ofthe improvements.
DATED AND EFFECTIVE THIS 9TH DAY OF JUNE 2010.
G:\E;ngineerlStreetsIST-09-03, Oak Street LID\Resolution No 3 Final.docx
60
EXHIBIT A
Albany City Council
Wes Hare, City ManagerDiane Taniguchi-Dennis, P.E., Public Works Director
TO:
VIA:
FROM: Mark W. Shepard, P .E., Assi~tanblic Works Director / City Engineer 'M.u..oJames Delapoer, City Attorney -t-e-June 3, 2010, fOf the June 9, 10, City Council Meeting . .
SUBJECT: ST-09-03, Oak Street Local Improvement District (LID)
DATE:
~~~
RELATES TO STRATEGIC PLAN THEME:. Great Neighborhoods
• Effective Government
Action Requested:
At the May 12, 2CnO, City CoUncil Meeting, Council directed staff to bring back an Engineer'sReport and Resolution for the formation of a· Local Improvement District (LID) for theimprovement of Oak Street between Pacific Boulevard and Queen Avenue.
Discussion:
Scope ofImprovements
Council chose to direct the formation of an LID that would complete an extension of Oak Streetbetween Pacific Boulevard and Ninth Avenue ·and provide for the improvement to Oak Streetbetween Ninth Avenue and Queen Avenue· to full urban standards. The total estimated project. .cost is $5,055,000.
Assessment Methodology
The LID boundary and assessment methodology have been modified in accordance with thedirection given by Council at the May 12, 20 I0, Council Meeting..
The boundary of the district for road improvements includes only the Kinder Park Property, theLowe's team properties, and the Ping's Restaurant property. Attachment I is a m<lcp showing theLID boundary..
The project costs will be assessed by agreement of the parties within the LID boundary. The plan:developed by the Lowe's development team and approved by Council splits the assessmentmethodologies into two parts. One methodology will govern the costs associated with the punchthrough and another methodology will govern the work between Ninth Avenue and QueenAvenue.
Punch Through: The punch through improvement is estimated to cost $2,618,000. For the punchthrough improvements, the City will contribute $2,100,000 (81%) in Transportation SystemDevelopment Charges (TSDC) funds to the project. The City Will also contribute an additional$83,740 (3%) in other funding. The remaining cost will be paid by the Lowe's group (Lowe's, .Consers, and Perlenfeins). The estimated contribution from the Lowe's development properties is$434,260 (16%). The Lowe's methodology does not attribute the Lowe's payment to specificproperties, but is a payment from the Lowe'.s Deveiopment Team. Neither the City nor themethodology dictates how the Lowe's group apportions this cost.. It is assumed the Lowe's groupapportions this cost in accordance with an internal agreement.
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EXHIBIT A
Albany City CouncilPage 2June 3, 2010, for the June 9,2010, City Council Meeting
The Per1enfein property that will be purchased for use as right-of-way for the punch through hasbeen the subject of a DEQ-regu1ated cleanup for. contamination, and there is 'a realistic risk ofencountering contaminated soil during construction of the improvements.,
The City has agreed to purchase the punch through right-of-way property for the asking price.This price reflects property that is free from additional remediation and construction costs due tosoil contamination. ill order to ensure no one else is burdened by these costs, the property sellerhas agreed to hold the City harmless for any costs the project incurs associated withcontamination on the site. If contamination is encountered during design or construction, theproperty owner will be given an'opportunity to clean up the contamination at its cost. They willalso be responsible for any costs the project incurs for contractor down time or other costs relatedto contamination found on the property. As noted later in the memorandum, a purchase contractwill provide the specifics of the responsibilities related to contamination encountered on theproperty. '
Oak Street - Ninth Avenue to Queen Avenue: The, street project cost for the improvements 'to, Oak Street between Ninth Avenue and Queen Avenue is estima,ted to cost $2,180,000.' The City
will pay 65% of the costs with TSDCs. This contribution is estimated to be $1,417,000. TheCity will contribute 'an ,additional lump sl1m of $195,270 (9%) above and beyond the TSDCpayments. This lump-sum payment represents an estimate of what the Sadri/Grazu1, Glasser, andpartial church assessments would have been under the Lowe's methodology if the properties hadbeen included in the LID. The Lowe's group will pay a 1uinp sum of $31,776 (1.5%). Thislump-sum payment represents an estimate of a portion of what the assessments would have beenfor the church under the Lowe's: methodology if the property had been included in the LID.
The balance ,of the project costs' after the contributions above will be assessed to the Kinder ParkProperty and the Lowe's property based on an ,average of an area assessmenfand a frontageassessment. The assessment against the park is estimated to be $312,800 whichrepresentsJ4%of the project costs. The Lowe;:s site properties assessments are estimated to be $229,800 ,whichrepresents 105% of the project 66sts. " ,
The Ping's restaurant will be assessed a flat $10,000 as a contribution, for water lineimprovements. The remainder:of,the water, line costs ($247,000) will be paid fOT by the City.The Ping's Restaurant property:will not he assessed for any street improvements: However, theproperty owner has agreed to dopate any right,:-of-way at no cost required for the iqlproyements.
An assessment roll showing th~ estimated total project costs and assessmentiis :included asAttachment 2. Under the Lowe's proposed methodology approved by COuncil, lhe City will becontributing an estimated $4,355,800 to this project which is' 86% of the total prdj~ci costs. TheLowe's development team is contributing $699,200 which is 14% of the project co.sts.'
Sources ojCity Funding
TSDC Funding: '. The majority of the City contribution for this project win be TSDC funds.Under the proposed methodology, $3,517,000 in TSDC funds will be used for this project. Thecurrent TSDC reserve, balance is approximately $6 million. Applying the TSDC funds to thisproject will use 59% of the current balance of TSDC funds and leave a balance of $2,483,000 inthe TSDC fund for other projects.
Additional' Citr Contribution: Under the methodology approved by Council, the City iscontributing $279,000 in addition fo the $3,547,000 in TSDC' funds to theproject. ' A'ftinding
EXHIBIT A
Albany City CouncilPage 3June 3, 2010, for the June 9, 2010, City Council Meeting
source for this contribution has not been iden1;ified. The final decision on how to fund 'thiscontribution does,not need to be made until the final project assf<ssments, which are anticipated inlate calendar year 2011. However, earlier Council direction will help staff plan and budgetcapital expenditures in the interim. There are several options available to Council for funding thisobligation. There is not adequate funding available in the Street Capital and Restoration Fund to
,provide for the City ,contribution. Following is a briefdiscussion ofp()tential funding sources.
1. SVC Litigation Settlement - At the May 12,2010; Council Meeting, a councilor askedthat the proceeds that the City received as settlement in the SVC litigation be 'consideredasa source for the required furiding. The City received approximately $18.2 million inthe settlement. Council has directed that discussion of the use of these funds be delayed'until July. There are no restrictions on these funds, so they are available for use on thisproject should Council choose to .do so. However, use of these funds for this project doesnot provide for a larger citywide benefit.
2. General Fund Money - Council can choose to us~ General Fund money. However, theGeneral Fund is constrained due to the current economic strain on the City budget.
3. STP Funds - The City receives an annual allotment of STP exchange funds from ODOTfor use on street improvement projects.. The annual allotment varies with population andavailable fundirig, but it has averaged approximately $400,000 recently. In the past the'City has pooled multiple years' of these funds in order to complete larger street projects.An example of a project compieted with these funds is the Waverly Drive reconstructionbetween Grand Prairieaild'3qth Avenue that was completed a couple years ago., TheJackson Street reconstruc{ioupToject identified in the CIP for 2012/2013 is anticipated tobe funded with STP, funds.' Use of STP funds on Oak Street could delay the JacksonStreet project one: year to 2013iz014.' . .
, '
Kinder Park Assessments: Urider the a~provedassessment methodology, it is estimated the ParksDepartment will be asse.ssed$312,800. Ther~ is. no identified funding for payment of thisassessment.. The Parks Departmdnt will ~eed to:fj~at).ce thepaymeut of tq.is assessment over a10-year period. Parks will rided to IQokJot amiual project savings over the finance period inorder to make the annual payments 'ou t,~s assessment.' .
Street Project Cost Savings/Overruns, .
Projects are not usually completed for the exact cost estimated in the Engineer's Report. Staffhas negotiated with the Lowe's development group regarding how project savings or over runswill be handled for the street project. If the [mal project costs are less thim estimated, the TSDCcontribution will be reduced by the percentage the project is under the estimate. The;remainingproject savings will be equally shared between the assessed properties. Following is an exampleof how savings would be: distributed if the project is completed for a cO,st of $4,318;200(10%
, below the estimate). !
Original EstimateActual Cost (10% lower)Total Project Savings .
10% reduction in TSDC contributionRemamingS~rvingsBalance'to distributeLowe's SavingsCity Savings
$ 4,798,000$ 4,318,200$ 479,800
$ 35'1,700$ 128,lt)O$ 64,050$ 64,050
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EXHIBIT A
Albany City Council .Page 4June 3, 2010, for the June 9, 2010, City CoUncil Meeting
If the project costs are higher than estimated, the project costs above the Engineer's Reportestimate will be shared equally between the. assessed properties. Since the TSDC funds arecapped by the TSP and·SDC methodology, TSDC contributions cannot be increased above the.maximum. Following is an example of how cost increases would be distributed if the project iscompleted for a cost of $5,277,800 (10% above the estimate).
Original EstimateActual Cost (10%Total Project Over
Lowe's Additioanl ParticipationCity's Additional ParticipationIncrease in TSDC participation
$ 4,798,000$ 5,277,800 .$ 479,800
$ 239,900$ 239,900$ 0
Remaining Agreements and Commitments. .
On June 2, 2010,· staff conducted lengthy negotiations with representatives of the Lowe'sDevelopment Team and their attorneys concerning a number of details and refinements whichmust be incorporated into binding agreements before right-of way purchase and construc;tion..
Indemnification Agreement. . As noted above, the methodology envisions an indemnificationagreement between the owners of the punched-through right-of-way (perlenfeins) and the City.That indemnification agreementwiilrequire that the property owners agree to personally hold theCity harmless from any remediation costs resulting from past contamination (if any). The Citywill also be protected from extra costs associated With delays in construction which result fromcontamination as well as Claims·of liability for violation of any laws applicable to pub·lic contractsiIi the event that the property owners elect to perform the required remediation themselves.
Lowe's Infrastructure Fnnding Agreement~ Lowe's has agreed to enter into an Infrastructure. Funding Agreement with the City regarding the proposed improvements. The agreement will
covercoinmitments of Lowe's and the City regarding completion of improvements and openingof a store. The agreement will call for substantial liquidated.damages in the event that Lowe'sdoes not build the store as promised and Will also obligate the City to pay damages to Lowe's ifthe City unreasonably delays completion of any infrastructure. required foi Lowe's openirig andthereby cause Lowe's delay damages.
Acceptance of Assesslllent· Methodology. . The Lowe's Development Team members(Perlenfeins, Consers, and Lowe's) will be required to acknowledge their consent to theassessment methodology set forth in this report before the City proceeds further.
The City Attorney and City Manager must be satisfied with all terms of .the agreement before theCity will be obligated to proceed further.· .
Timing Considerations
Upon satisfactory execution of the agreements above, the City will begin project design includingprogression analysis. Lowe's has advised City staff that issuance of the necessary ODOT access
. permits is a requirement for fmal property purchase. If the City performs design work andLowe's thereafter fails to purchase the required property, the LID will be terminated. The design
. work will still have Value for the property· oWners in theirsubseqtient development efforts and the
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EXHIBIT A
Albany City CouncilPageSJun~ 3, 2010, for the June 9, 2010, City Council Meeting
City's costs in preparing the design and progression analysis shall be assessed to the owners ofthe proposed Lowe's site.
Upon Lowe's purchase' of the proposed site, the obligations of the infrastructure fundingagreement will mature. At this point, the City will complete the purchase o(the Perlenfeinproperty subject to the terms of the indemnification. The purchase agreement will requirePerlenfeins to clear the purchased right-of-way at their own cost. The timing of the City'spurchase will be a determining factor in the timing of the City's commitment to completeinfrastructure improvements. The City will not be obligated to advertise for construction bids orincur any other expenses until the right-of-way site has been cleared of improvements and theinfrastructure funding agreement has obligated Lowe's to completion ofthe project.
Budget Impact:
The approved method for paying for this project will require an estimated $4,379,200 in totalfunds from various City sources. Following is a breakdown ofthe funding sources. .
The remaining balance of the project costs 0[$699,200 will be paid by properties in the LID.
MWS:kw:pIjAttachments (2)
G:\EngineerlStreetsIST-09413, Oak Slr,eetUDlMC Resoultion 3 May 26 2010.ST419413 -for merge.docy;
Legend
&::IUD Boundary
Oak Street Local Improvement District - Potential Boundary
EXHIBIT A
,I"
'j': :~
. ,:'
Project File LocUon:1010312008 1:10:51 PM I\ALDERAANIDataISharadIGIS\Engineerlng\Oak Street L1DIOakLIO.mxd
Attachment 1
City of Albany - 333 Broadalbin Sl SW, Albany, Oregon 97321 (541) 917-7676
66.... ,.- ..", •..,......... :.,..;""
Methodology; TRIP GENERATION INrrtAL EN"GINEER'S REPORT CITYOF ALBANYASSESSMENT CAlCULATION SHEET
Street Str...t street S_I Total ST-<>9-03, Oak street LIDAssassor's Map Waler Area Area' Frorriage Fronta~ AVBraQe Estimated EstImated As&assments
Name and Tax Lqt A,<,,"~ Acre Assessment' feet Asssl!fsm&nt . Assessment A=n~ Decemoor2009.... '" ~ . . ,
NET ASSESSABLE COSTSALBANY CITY OF 11 S03W08BC01400 11:97 $271,262.98 1.119.56 $354,304.66 $312,783.62 $312,783.82 TotarWatarCost:s $257,000.00BARRETT BROS 11S03W08BB04200 0.00 $0.00 0.00 $0.00 $0.00 $0.00 . City Fundin~ (Water $247.000.00J CONSER & SONS LLC 11S0:lW08SC01201 1.61 $36,165.66 15Q.9G $47,763,47 $42,134.57 $42,134,57 Net Water,to assess $10,000.00J CONSER & SONS LLC 11S03WOBBC01202 4.66 $106057.70 0.00 $0.00 $53,026.65 $53.026.65J CONSER & SONS LLC 11S03W088C01300 051 $11,557.57 130.00 $41,140.61 $26.349.19 $26.349.19 Oak Street extension $2,616,000.00KILLEN RANDY, SABRA 11SD3W08BCQ100Q 3.10 570251.90 . 0.00 $0.00 $36,125.95 $35,125.95 CitvPartldnallon SOC $2,'00.000.00LEE CHUNG PING, LAI KUEN llS03W07;l\DQ0100 $10,000:00 0.00 $0.00 0.00 $0.00 $0.00 $'0,000.00 l.ow9'$ Prooerlv GroUD $434,256.00PERLENFEtN PHYLUS I, EDWARD R TR '1S0aW08BC01100 1.76 $40.338.19 293.00 $92,726.06 $66,531.62 $66,531.62 other City Participation $63,742.00
Net Remainder to Asse~ $0.00TOTALS $10,000.00 23.65 $535;954.00 1,693.55 $535,954.00 $535,954.00 $545,954.00
O&k SL 9th tD QU&8n $2,180,000.00CftV Participation moe $1,417,000.00O!hsr City Participation . 5195,270.00Lowe's ProP&rtv GroUo $31,776.00Netrsmaindarto Assess $535,954.00
fotal Assessable. Costs $545,954.00
UNIT ASSESSMENTS
Oak Street WaterEst NelCost $10,000.00
OakStreet 9th to QueenEst. NetCOSl $535,954.00Acfes 23.650AsseS$mehl per Acre $22,661.90Frontaoe 1,693.55AsseSflment per foot $316.47
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G:\Engineer\Streets\ST-00-03, Oak Street L1D\A.ssessment Spreadsheet Per Council Direction May 26 201 OJds
EXHIBIT A
Attachment 2
67
~!C~v4/jj;ihii····-'111!7 .
TO:
VIA:
FROM:
DATE:
EXHIBIT A
Albany City Council
Wes Hare, City Manager . L. _ I~
Diane Taniguchi-Dennis, P.E., Public Works Director 1"(WYlA...-
Mark W. Shepard, P.E., Assistant Publ\c- YVorks Director / City Engineer 'tJ\~Jeff Woodward, P.E., Civil Engineer II X,;January 21,2010, for the February 10,2010, City Council Meeting
SUBJECT: ST-09-03, Oak Street Improvements Local Improvement District (LID)Initial Engineer's Report and Financial Investigation
RELATES TO STRATEGIC PLAN THEME: - Great Neighborhoods
- Effective Government
Action Requested:
Staff requests that Council pass the attached resolution adopting this Engineer's Report andaccompanying Financial Investigation. The resolution fooos the Local Improvement District(LID) and authorizes staff to proceed with design, bidding, and construction of this project.
Discussion:
The following Engineer's Report reflects the direction provided by Council at multiple CouncilMeetings.
Background
On January 28, 2009, Council authorized staff to initiate an Engineer's Report regarding theformation of an LID for the improvement of Oak Street between Ninth Avenue and QueenAvenue.
Staff developed a project scope and cost estimate for the project, with a map of the potential LIDboUt1dary as shown on Attachment A. This LID is somewhat unique due to the varied land usesassociated with the properties inside the LID boundary, including single family homes,multifamily properties, a park, and community commercial property. Staff considered multipleassessment methodologies for the LIP in an effort to develop an equitable distribution of thecosts to improve Oak Street.
Staff held a neighborhood meeting on March 10, 2009, to discuss the project and present theproposed assessment methodology. There was a good turnout at the meeting with 23 people inattendance, representing all of the different property types in the LID. At the neighborhoodmeeting, staff presented a methodology and estimated assessments based on trip generation. Twomain concerns were evident at the meeting. The first concern was the amount of Cityparticipation that would be contributed to the project, due to the City receiving $376,300 fromLinn County for taking over jurisdiction of this section of the roadway in 1990. Although all thefunds the City received from Linn County have been expended, it was expected the City shouldparticipate based on the funds received from Linn County. The second concern was that the tripgeneration assessment methodology was developed in an effort to minimize the assessment leviedagainst Kinder Park, with a desire to have other methodologies considered.
In response to the concerns raised at the neighborhood meeting, staff reported at theApril 6, 2009, City Council Work Session, explaining the outcome of the neighborhood meetingand presenting five methodologies for consideration. The following table identifies the fivemethodologies discussed and the characteristics of each of the methodologies.
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EXHIBIT A
Albany City CouncilPage 2January 21,2010, for the February 10,2010, City Council Meeting
Methodology :.u Characteristics1 Trip Generation Acknowledges varying land uses and benefits of those land uses.
Apportions project costs based on trip generation.2 Lot Frontage Does not recognize higher use properties gaining greater benefit.
Assessments based entirely on property frontage on Oak Street.Assessments high for residential properties.
3 Lot Area Does not recognize higher use properties gaining greater benefit.Assessments based entirely on property area.
4 Zoning This methodology distributes assessments based on area, but isweighted by property zoning.
5 Residential/Collector This methodology would have all properties pay their proportionalStreet Cost Separation share of a residential street based on lot frontage. The incremental
cost to make the street a collector street would be borne by non-.residential properties. Assessments high for residential properties.
After the discussions at the April 6 Work Session, Council directed staff to move forward withthe trip generation methodology. The trip generation methodology for distribution of assessmentswas affirmed by Council at the October 14 and 28, 2009, Council Meetings as well as theDecember 16,2009, Council Meeting.
Due to issues and uncertainties with the proposed Community Commercial development at thecomer of Oak Street and Ninth Avenue, the LID discussion had been put on hold until recently.Staff presented an Engineer's Report at the October 14, 2009, City Council Meeting, whichmodified the LID boundary to include only improvements on the north end of Oak Street and theextension between Ninth Avenue and Pacific Boulevard. This modified boundary was developedin order to address the immediate need for improvements in the vicinity of the developingCommunity Commercial property· at the intersection of Oak Street and Ninth Avenue. Thismodified boundary also excluded almost all of the residential properties along Oak Street fromhaving to participate in an LID. It is anticipated the residential properties along Oak Street arenot going to be in favor of an LID in any form that requires them to be assessed.
After discussions of the proposed modified boundary, Council directed staff to change the LIDboundary to include improvements to all of Oak Street between Pacific Boulevard and QueenAvenue and submit a new Engineer's Report. 'This modified Engineer's Report was submitted toCouncil at the October 28, 2009, Council Meeting.
Summary ofEstimated Costs
The Oak Street and Storm Drain improvements from Ninth Avenue to Queen Avenue areestimated to be $2,180,000. The assessmen~ roll is prepared showing assessments based on tripgeneration and no City participation in the project costs, as shown on Attachment B.
The Oak Street Extension between Pacific Boulevard and Ninth Avenue is estimated at$2,518,000, including right-of-way acquisition and building demolition. The assessment roll isprepared showing assessments based on trip generation and no City participation in the projectcosts.
The required water system improvements are estimated to cost $257,000. Some of the waterimprovements are construction of missing water line. The costs associated with construction ofthis missing water line are shown as being paid by the City, with the exception of the Ping'sGarden parcel. When the Ping's Garden Restaurant parcel was developed, the owner chose to
G:\Engineer\Streets\ST-09-03, Oak Street LJDlmcRes3.st0903.docx
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EXHIBIT A
Albany City CouncilPage 3January 21,2010, for the February 10, 2010, City Council Meeting
execute a PetitionIWaiver for the public improvements along the Oak Street frontage, includingthe water line. In this way assessments for several properties are reduced and the City will recoupa portion oftbis cost through the collection of connection fees when the properties develop. Thisoption will result in the City covering some of the water line costs that would otherwise beassessed to benefitting properties because Connection Fees will not completely cover the cost ofthe new water line construction.
. The balance of the water line work is replacement of old and undersized water lines. The cost toreplace the existing water line will be funded by the City. The estimated City participation in theproject to construct the missing segments and replace the existing water system is $243,770.
The total estimated costs and assessable amounts are summarized below and are shown on theassessment computation sheet enclosed as Attachment B.
Oak Street and Storm DrainOak Street ExtensionWaterCity Funding (Water)
Net Assessable Costs
$2,180,0002,518,000
257,000-243,770
$4,711,230
Proposed Method ofAssessment
Based on Council directiori, the assessment methodology for Oak Street and Storm Drain and theOak Street Extension between Pacific Boulevard and Ninth Avenue is based on trip generation.Council determined this method will most equitably distribute the assessable costs to the parcels,considering the widely varied land uses associated with the properties included in the LIDboundary.
The Oak Street Extension is shown in the draft Transportation System Plan (TSP) update as being100 percent growth related. Therefore, the properties that receive a special benefit from thisextension are those that are not yet developed, while properties that are currently developed donot receive a special benefit from this extension. In addition, there is a diminishing specialbenefit to properties located farther away from the improvement. Therefore, staff has proposedthat the parcel north of Ninth Avenue and the undeveloped properties on the east side of OakStreet from Ninth Avenue south, to and including the park property, be assessed for the specialbenefit of the Oak Street extension.
The estimated assessments are based on cost estimates derived from preliminary design conceptsand costs of similar work on other City projects. The final assessment amounts will be based onactual City costs, amounts of City participation, bid prices, and final work quantities, and areexpected to vary from this estimate.
City Participation
Council has expressed a desire to consider City participation in the cost of the improvements ofOak Street. While Council has indicated that they are interested in having the City contribute inthe costs of the Oak Street improvements, the attached assessment roll does not show any Cityparticipation. In this way property owners in the LID will see the estimated worst-caseassessment scenario in the Engineer's Report.
This Council's desire to provide City participation in the LID stems from the fact that the Cityreceived some funding from Linn County when the roadway was transferred to the City. In 1990
G: \EngineerIStreets\ST-09-03. Oak Street LlDlmcRes3.st0903.docx
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EXHIBIT A
Albany City CouncilPage 4January 21,2010, for the February 10, 2010, City Council Meeting
the City of Albany and Linn County entered into a Road Transfer Agreement. This agreementoutlined the conditions of transferring multiple Linn County Roads that were within the Citylimits to the City of Albany. In exchange for the City taking over jurisdiction of these roads, LinnCounty paid the City of Albany a sum of money for each road. Oak Street was included in thisagreement. As such, Linn County paid the City of Albany $376,300 in exchange for the Cityaccepting it as a City road. The amount of the payment for Oak Street does not appear to havebeen enough to pay for full urban improvements of Oak Street. In 1995, the City Council choseto combine all Linn County Road Transfer funds and use them to reduce assessments for theimprovement of Marion Street. Therefore, there are no remaining Linn County road transferfunds available for use on any other projects.
Since transportation funding for capital improvements is very limited, providing funding for aportion of the Oak Street improvements will delay the construction of currently plannedtransportation projects Council has expressed a desire to complete. Therefore, Council's policydecision regarding City contribution to the Oak Street project will impact planned projects.
While funding is limited, there are a few options available to Council should they decide the OakStreet improvement is a priority for City funding. One option is to provide funds from CityCapital budgets. Another funding source for City participation would be Transportation SystemDevelopment Charges.
City Participation with Capital Funds:
Public Works staff has identified potential funding sources in the Street Capital and RestorationFund for the $376,300 of City participation. There are three potential sources that could be usedfor this project.
1. Street Connection Fees - There are approximately $100,000 of reserves in StreetConnection Fees. These are monies the City collects when properties develop adjacentto improved roadways that the property did not help to pay for. Council can choose tospend this balance down as part of the City funding of Oak Street.
2. Street Capital and Restoration - The City holds a reserve of approximately $620,000 ofStreet Capital funds. The City has been using these funds to leverage SurfaceTransportation Program (STP) funds to enable the City to complete larger scale street
.reconstruction projects.
3. Surface Transportation Program - The City can also use the annual SurfaceTransportation Program (STP) fund exchange money the City receives from OregonDepartment of Transportation (ODOT). The City receives approximately $370,000each year in STP funds. These funds are used in conjunction with Street Capital fundsto complete larger scale street reconstruction projects.
City Participation with Transportation System Development Charges Funds:
Another option for City participation in the project costs is the use of Transportation SystemDevelopment (TSDC) funds. TSDC contributions can be made to both sections of the Oak Streetimprovements north and south of Ninth Avenue.
There are challenges regarding traffic adjacent to the conimunity commercial property at thecomer of Oak Street and Ninth Avenue. These challenges have developed over time and are notsolely the result of potential development of the parcels zoned community commercial.Therefore, staff believes it could be appropriate for Council to consider some level of TSDCfunding for both the improvements to support development of the vacant commercial property
G:\Engineer\StreetsIST-09-03. Oak Street LIDlmcRes3.st0903.docx
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EXHIBIT A
Albany City CouncilPage 5January 21,2010, for the February 10, 2010, City Council Meeting
along this section of Oak Street and the completion of the Oak Street extension between NinthAvenue and Pacific Boulevard.
The extension of Oak Street between Ninth Avenue and Pacific Boulevard is eligible for 100percent TSDC funding up to a maximum of $2,130,000. Therefore, based on the currentestimate, even if all of the potential TSDC funds are aimed at the extension of Oak Street, therewould be a small balance that would need to be assessed.
Council can choose to also fund a portion of the Oak Street Improvements between Ninth Avenueand Queen Avenue with TSDC funds. TSDC funding participation could be as high as 65 percentfor the portion of Oak Street between Ninth Avenue and Queen Avenue per the draft TSP.
Oak Street is not identified as a collector street or a funded project in the current TSP. Oak Streetis identified as a collector street eligible for TSDC funding in the draft TSP update Council isconsidering at this time. Therefore, if Council adopts the new TSP, Oak Street would be eligiblefor TSDC funding from new TSDC revenues. The use ofTSDC funds will either require Councilto borrow existing TSDC funds and pay them back with future (new) TSDC funds or to nlingleold and new TSDC funds. If Council would like to use existing TSDC funds, staff will need toreturn to Council for a discussion on the logistics and impacts of using these funds on this project.
At the time of final assessments for this project, it is anticipated the updated TSP will be adoptedand this project will be identified as SDC eligible. Any TSDC funding of this project would beshown on the final Engineer's Report submitted after the project is completed and prior to levyingfinal assessments.
Impacts of City Participation with Capital or TSDC Funds
The City cannot participate in the cost of the Oak Street project without impacting other plannedtransportation improvement projects. Use of funds on Oak Street will reduce funding available touse on other planned ·projects. If Council decides Oak Street is a priority over other projects,those other projects will be delayed.
All of the City's gas tax: funds from the State are currently used for operation and maintenanceactivities. Therefore, STP funds are the only capital revenue source for street projects. Followingis a table showing the planned projects that will have to be delayed ifStreet Capital reserve fundsare used for Oak Street.
Project Current Planned Revised Project Year if OakProiect Year Funded with Capital Funds
Jackson Street 2011 2012Hill Street - Queen Avenue to 24 thAvenue 2014 2016 .
In addition, funding Oak Street and these planned projects will most likely eliminate all of theCity's street capital reserves unless a new funding source is identified for street capital. If thishappens, the only source for street rehabilitation and reconstruction projects will be the City'sshare of STP funding provided by the Oregon Department of Transportation (ODOT). Thisfunding source is not guaranteed to remain available at its current level or any level. In addition,without capital reserves, the City will not have the ability to react to emergencies or opportunitiesas they happen. Therefore, the decision to spend capital funds for Oak Street should be madecarefully. .
G: IEngineer\StreetsIST-09-03, Oak Street LID\rncRes3.st0903.docx
72
EXHIBIT A
Albany City CouncilPage 6January 21,2010, for the February 10,2010, City Council Meeting
The amount of new TSDC funds available for improvements on Oak Street will depend on whenthe new TSP and TSDC fee is adopted, the amount of funding collected prior to the final.engineer's report, and what portion of those funds Council chooses to direct towards Oak Streetrelative to other priority street projects.' Council will need to weigh the use of new TSDC fundson this project with other TSDC project priorities. Council could choose to participate in the LIDwith TSDC funds at lower percentages than the maximum allowed.
Use of TSDC funding for this project will delay other TSDC projects Council is currentlyprioritizing. The extent of the delay of these projects will be dependent on the amount of TSDCfunds obligated to the Oak Street project, the pace of development, and the value of the newTSDC rate Council adopts. The use of existing TSDC funds would require further discussionwith Council about the impacts and implications on TSDC funds. This discussion can be delayeduntil the later stages of the LID process, but the final decision must be made before assessmentsare finalized and levied. However, Council direction as to whether they intend to use some formof TSDC funding on the project will likely impact property owner's disposition toward theproject.
Proposed Project Schedule
If the LID is formed, staff will begin detailed design work and coordinate with ODOT todetermine the final configuration of the Oak Street Extension.
The proposed schedule is:
Public Hearing to form the LIDDesignBidding and Award of ContractComplete ConstructionPublic Hearing on Final Assessments
February 2010Spring/Summer 2010
FalVWinter 2010Summer 2011
Fa1120l1
Budget Impact:
If this LID is formed, the street and stOTIn drain costs will be funded by a combination of specialassessments to the benefiting properties and City participation in the project costs. The Citycould contribute a combined $376,300 from Street Capital and Restoration fund (250-50-2700),STP Funds, TSDC funds, or other funds identified by Council. The exact split of these funds isdependent on how Council wants to apply the City participation to the project. TransportationSDC funding would require some additional discussion with Council to identify how to best usethese funds. Council may choose to replace or augment the $376,300 with Transportation SDCfunds at the time assessments are levied after the project is completed.
Water system improvement costs will be funded by a combination of one special assessment tothe Ping's Restaurant property and approximately $60,770 from the Connection Fee Reserves inthe Water System Capital Projects Fund (615-50-2308) and $183,000 from the Capital Reservesof the Water System Capital Projects Fund Reserve (615-50-2308).
Should Council decide not to form this LID, the costs incurred to date would not be recoverablethrough assessments and an alternative funding source would have to be identified.
JMW:kwAttachments (4)
G: IEngineerIStreetsIST-09-03, Oak Street LJDlmcRes3.st0903.docx
73
EXHIBIT A
Legend
c::::ILID Boundary
~ Oak Street Extension Parcels
Oak Street Local Improvement District· Potential Boundary
ATTACHMENT A
J
Foot
Project. Filo Loction:10103120081:10;51 PM \lALDERMNlDalalSharedlGISlEngineeringlOak SlreelllDIDakLlD.mxd
City of Albany - 333 Broad<>]bin Sl SW, Albany, Oregon 97321 (541) 917-7676
74
EXHIBIT A
Methodoloov: TRIP GENERATION, ! INITIAL ENGINEER'S REPORT ! I CITY OF ALBANY,
, ASSESSMENT CALCULATION SHEET IWat&r Oak Street I Oak Street 1 Oak Street & . ExtBn.;on Oak Slreet Tolal 5T-09-03. Oak Street UD
Assessor's Map ,Zonai Units I Waler : Units : Storm Drain I Units ; ExtensIon E.timaled Estimated AssessmentsNama I and Tax Lot i I Lin Ftl : Assm1 rip, 1 Assm't J rip, Assm't Assm'l I January 2.010 i
i , I I ! i NET ASSESSAIlLE COSTSABRAHAM MARIANN I TR /11S03W07A005500 iSFR j / I 9,570, $6.442.32 / $6.442.32 Water , $257,000.00ALBANY CITY OF 111S03W08BC01400 i RMD' ! HU60 ; $96.035.74 . HU60 ; $155,667.65 ' $251.723.39 City FlJnding Waler I $243.770,00)BARRETT BROS :{lS03W06BB04200 i CC i I 168.520 , $163,909.17 : $163,909.17 I !BURKE ARTHUR C, JEAN M TR 111S03W07AD04200 !SFR' I 9.570 $6,442.32 i I $6,442.32 , I
CROOK TERRY L 111S03W07AD03500 'RMD' I I 9.570 I $6.442.32 . ! ! $6,442.32 Oak Street & Stonn Drain ' $2,180.000.00CUNNINGHAM ANTHONY L '11 S03W07DA04000 . SFR : , 13.300 ' $8,95328 I $8.953.26
,ELK KIM CHIEF. GARCIA ARTURO C '11S03W07DA05201 'SFR' I 13.300 ' $8,953.28 1 I ·$6,953.26 i I
FICKENSCHER GARI T. CHRISTINE M ill S03W07AD02603 RMD' , 9.570 i $6,442.32 $6.442.32 Oak. Street ExtensIon . $2.516,000.00GERGER BRENT 11 S03W07DA05200 ISFR I 9.570 ': $6,442.32 $6.442.32 !GLASER F T, MARY E TR 11S03W08CB00601 iRMD' 99.750 l $67.149.62 , $67.149.62GOULETT DENNIS W, PATSY I 11S03W07DA04700 SFRi I 9.570 ' $6.442.32
,$6,442.32 Net Assessable Cost $4.711.230.00
GOULETT DENNIS W, PATSY I '11S03W07DA04600 SFR I 9.570 $6,442.32 ' $6,442.32 : iGRAZUL DOROTHY 111S03W06CB01000 RMD I I 63.640 ; $42.975.76 ' $42,975.76 UNIT ASSESSMENTSHARRISON MARLENE D 111 S03W07AD03600 'SFR' 13.300 . $a,053.26 $6.953.26 iHUMPHREY TAMIO J '11 S03W07DA04600 SFR
,13,300 $6,95328 $6,95326 ;Oak Street Waler
J CONSER & SONS LLC 11 S03W06BCD12.01 CC I 275.150 $165.225.26 27~.150 , $300,276.62 $465,501.90 Est. Net Cost ~13,230.00 .J CONSER & SONS LLC '11 S03W08BC01202 CC 799.815 I $536,416.70 799.815 . $672.853.56 $1,411,27226 Units j 294.00!Un FtJ CONSER & SONS LLC l1S03W06BC01300 CC 67.159 $58,673.73 87.159 ; $05,116.50 $153.70223 Unit Cost $45.00 !per Un FtKILLEN RANDY, SABRA •11 S03WOBBCOl 000 . CC' 529.792 $356,644.73 529.792 I $576,172.02 $934.618.75KILLIN EMILY '11 S03W07DA04200 ' SFR 13.300 $6,953.28 $6.953.26 Oak Street & storm DrainKILLIN EMILY 11 S03W01'DA04300 , SFR I 13.300 $6,953.26 $8,953.28 Esl Net Cost $2,160,000.00LEE CHUNG PING, LAI KUEN '11S03W07AD00100 ; DIP 294.00 $13,230.00 225.~95 $151,865.59 $165,095.59 Units I 3,236.365ITrlD'LEE CHUNG PING 111S03W07DA04401 I SFR 13.300 I $6,953.28 I $8,953.26 UnllCost I $67a.18 perTripLEE CHUNG PING 11 S03W07DA04501 SFRi I I 13.300. : $6.953.26 i $6,953.26 ILUSCHER MARKW, VALERJEJ ;11S03W07AD02700 'RMD; 13.300 $6,953.26 $6.953.28 Oak. Street ExtensionMEAGHER THOMAS C, DARLENE G '11 S03W07DA03QOO SFR: I 9.570 $6,442.32 . $6,442.32 Est. Net Cost $2,516,000.00 ININTH & OAK CHURCH OF CHRIST 111S03W08CB002DO (RMD' 25.606 $17.237.43 . I $17,237.43 Units ; 2,307.299 TripsNINTH & OAK CHURCH OF CHRIST 11 S03W06CB00604 RMDi 21.766 I $14,652,42 : $14.652.42 Unit Cost
,$1,001.32 'parTri
PERLENFEIN PHYLLIS I, EDWARD R TR'11 S03W06BCOll00 CC! 3M.203 I $204,782.99 3M.203 . $331,962.47 $536,765.46PERRY MARY AMBROSE '11S03W07DA05500 'SFR; 9.570 I $6,442.32 . ,
$6,442.32PHILLIPS CARLA J 11 S03W07DA05400 SFR I 9.570 ' $6.442.32 $6,442.32PHILLIPS TIMDTHY W 11 S03W07AD00103 RMD 9.570 I $6,442.32 $6,442,32RONER FRED A, ANNAL TR 11S03W07AP02800 'RMD 9.570 $6,442.32 $6,442.32SADRI ASGHAR R . '11S03W06CB011DO 'RMD 62.510 $42,060.43 $42.060.43SADRI ASGHAR R 11S03W06CB01206 RMD 295.260 $196,762.89 ! $198,762.89SCHWAB RON 11S03W07DA04100 SFR I 9.570 $6,442.32 $6,442.32SIEGRIST WILLIAM C, NANCY C 11 S03W07DA05300 SFR 13.300 . $6.953.28 $6.953.26STYLER MICHAEL D, MARGARET M ill S03W07AD05400 SFR 9.570 . $6,442.32 $6.442.32WADLOW ROBERT A, MEREDITH A 11 S03W07AD03700 SFR I 9.570 . $6,442.32 $6,442.32WILLIAMS SCOTT L, KAREN S 11 S03W07AD05600 SFR 9.570 $8.442.32 . $6,442.32WOODARD CHRIS . 11 S03W07DA04900 SFR 9.570 $6,442.32 $6,442.32WOODARD CHRIS A 11 S03W07DA05000 SFR 9.570 $6,442.32 $6,442.32
TOTALS 294.00 $13.230.00 3.238.365 $2,180,000.00 2,307.299 $2,518,000.00 $4,711.230.00
SMR:.Slnole Famllv ResldenHal RMD: Residential Medium Densi CC: Community Commercial DIP: Office/Professional I
G:\Englneer\Streels\ST-09-03. Oak street LlD\ascompshTripGen.st0903.xls
75
EXHIBIT AFINANCIAL INVESTIGATION REPORT8T-09-03, Oak Street Improvements LID
(As of Febll1ary 3, 2010) Page 1 of 6
__I
444.11
617.21
444.11
617.21
444.11
12678.01
0.04
0.05
0.05
.. -1----.. 1
I0.64 17352.87
--+-0.04 '
'--i0.09
i-II
i i--+------1-.
I '"' I
----1·-
i1-l
'-~r
ir-"i
1·-------,------
! OTHER I' ASMNT : SEMI-ANNUAL!, ASMNTS % TO TCV i PAYMENTS I1 I I ATG.S5"1. i
t ""1 -. '-"'j57,910 . 0.11 I 444.11 I
-I-f-393,790 j
149,730
+_.136,340
195,190
246,300
1---..i
10,120
-~--!
95,710
88,730
-1'-+658,810 '1,990,180 !
131,190
189,190
54,020
47,610
64,000
i
299,460 II
i390,380/8,953.28
---j
I6.442.32 I0.17%1
Ii
1
11S03W07AD03500i Site: 1130 Oak 5t SE
iIABRAHAM TR, MARIANN I
"
BARRETT BROS, PERLENFEIN INVESTMENTS i 11S03WOBBB04200 . 4.96%1 183,909.17 3,980,360 1,331,370
ISite: 1300 Pacific Blvd SE I I 1
!~:~~:'~;S9~;: , ii'. 1, .. .I~·--- ------I·...---1.---·--i[BURKE TR,ARTHURC&JEANMBURKETR 111S03W07AD04200 0.17%1 6,442.32,1
I: Site: 1220 Old Oak Dr SE I': 1220 OLD OAK PL SE
1ALBAN~:.OR 97322 .. ..... __
OWNER OF REC~R-O-" --..,---.....P.R-O-P-E-R-TY- -. % OF -'~OTAL T- ·-B-O-N-O......,----TR-:E·~A-S-H-V-ALU...E-2...0-07-/2-008
i DESCRIPTION ,PROJECT, ASSESSMENT1 MAXIMUM LAND I'MPROVMENTS! TOTAL
l'~-=--i·==t=- ~. 1- . [: 11S03W07AD05500 : 0.17%' 6,442.32 i 115,820' 47,790 'II .
I,Sile: 1330 Oak St SE , : i
PO BOX 3016 II
EXHIBIT AFINANCIAL INVESTIGATION REPORTST-09-03, Oak Street Improvements LID
(As of Febl11ary 3, 2010)
(;)
Page20f6
444.11
617.21
617.21
2962.59
0.57
0.60 II
0.04
0.26
I.-----!--. - --
4629.04 iiJ
---.-i--0:031--:-:-
j
I !
I
i
I-I 0.06.
:1 I---<----.. !..-~ _. +--- .. .'
-I 0.31: 33468.68
i L i-~----.i'--""- ..1
71,110
24,870 iI
..~-_...
----,------,--. .--- --i~--------
OTHER ASMNT 1,1 SEMI-ANNUAL;ASMNTS %TO TCV, PAYMENTS !
, AT 6.55-1. I=~-~i
I• 0.05 444.11 i72,710 120,560.
+d.! 118,210.
....._-+j-_...J
149,440 i 207,420
!
1,381,740 11,574'420
....~I.
TRUE CASH VALUE 2007/2008LAND !IMPROVMENTSI TOTAL
! j='=-------:-:--=:.::.:..:.....--.:...::......=
47,850
4~:t:.760 ---2-0-0'-79:l
I J
13,030 11,840
71,110
57,980
.....J1i-----;-.. _- '-j--64,000 I 93,130 157,130 I
,
118,210
192,680
..1--
49,740 :
142,2201
!
414,840 I!
6,442.32 401,5BO;
Ii !·f---+--
6,442.32 !
0.17%;
JL-'__
I 0.24%1 8,953.28' 314'260
ji
~,,"J:,,;,,"" I~,,,~~
_ J
_1-
11S03W08CB01000Site: 1605 Oak 51 SE
l1S03W08BC01201Site: 1111 Oak 51 SE
I----P~OPER~~~ I' TOTAL BOND ,
DESCRIPTION IPROJECTI ... ASSESSMENT! MAXJMU~
6,442.32 r:;'~20i,.I
/
11S03W07DAo5200Site: 1505 Sherman SI SE
i ---'----i-.~i. __ ./_i11S03WOBCB00501 1.81%1 67.149,62/ 236,420ISile: - i !I !.-;-------,__ .. I
111 S03W07DA04700 I 0.17%j·: Sile: 1615 Sherman SISE
!
!11S03W070A04BOO I 0.17%'ISite: 1615 Sherman SI SE I i
...'----+/-- !
1.16%[ 42,975.761
I"1----- .
0,24'1 8,953.2B: 11S03W07AD03800jSlle. 1204 Oak SI SE
I: 11 S03W07DA04600, Site: 1610 Oak SI SE
~._----
, GOULETT, DENNIS W & PATSY I GOULETT
OWNER OF RECORD
GLASER TR, F T & MARY E GLASER TRC/O G FIVE LLC34343 TANGENT DRTANGENT, DR 973B9
· 1615 SHERMAN ST SEj ALBANY, DR 97322
i GERGER, BRENTiI 1505 SHERMAN ST SE: ALBANY, OR 97322
· GOULETT, DENNIS W & PATSY I GOULETT
I~~~~~~~~~9~;~SE
GRAZUL, DORATHY'210 R SADRI ASGHAR
; 203 E RESERVE STI VANCOUVER, WA 98661L__• _
IHARRISON, MARLENE D
i 1204 OAK ST SE· ALBANY, DR 97322-6666'!_-..._-_..._~---
!: HUMPHREY, TAMIO J
· 3915 NW SITKA PL1CORVALLIS, OR 97330'---_ ..I!IJ CONSER & SONS LLC,
! 1010 A1RPORT RD SE· ALBANY, OR 97322·5125
77
EXHIBIT AFINANCIAL INVESTIGATION REPORTST-09-03, Oak Street Improvements LID
(As of February 3, 2010)
,....,....
Page 3 016
i....-'
I
617.21
617.21
... 1
i617.21 i
64442.76
11381.07
~--,. !
,-1--'"
0.05' 617.21
i
0.05
0.18
0.06
0.06
Ii1 _
I I-,---' --.-'
.[j
i.. _.._~-1----·-
-I
164,840
·t·-543,020 905,490
. 100,640
-~ ·-1-
64,000
64,000
362,470
93,260 157,260
I.-'. -_.._; -i'-64,000 93,260 I 157,260'
i ;
II· ---.!.------ 1·--- ._'-
i329,680I
314,520 i
I314,520I
8,953.28
8,953.28
j
. I !165,095.59 i 1,810,980'
I--c'
/.__.
'-.-- -~8,953.28 !
4.45%1
I
i..-'--'-
/
11S03W07AD00100Slle: 1206 8th Ave SE
;
I11S03W07DA04401
! Site: 1636 Oak Sl
---- ,--_. -- --_..._-+--
I11S03W07DA04501 0.24%1: Site: 1626 Oak st
t1 -
,-_. OWNER OF RECORD ..-- ._,-- PROPERTY-~~F-:-"'~OTAl. " -... ~OND J' .. '''TRUE CASH VA:UE 2007l2~:8 --~E~T ASMNT i SEMI·ANNUAL i: ' DESCRIPTION ,PROJECTj ASSESSMENT MAXIMU, LAND jIMPROVMENTS! TOTAL ASMNTS ! % TO TCV: P:~~.~~;'S
:-,JCONSER&~ON~~LC, --=-"'ll1S0:~08BC0120~-'j38::'1,41~'27~:~8 ',: 560.2~01·' 280,11:' II""~·-I 2~0,110I -I,' 5,04't=-:7Z87.82!'. Site: • I . ~ .
: 1~~~~~Pg:~:3~;~125 i , I .__',__. ,_ Iii I i
iJCON~ER&SO~~-=-' ~~:0811C01300' ~.15%! 15~'792.2337:t- '62,220 /126,460 'r:'680+-- -1- 0.:~~601.86 '
i1~~~~~Pg:~:3~;~125 . .. /Sile: 11050akStS~,__!__ i . ,! f--.. _~ .--1. , ,1 ....__:
,i Iij KILLEN, RANOY &SABRA KILLEN 'I 11S03W08BC01000 [', 25.20%!: 934,816.75 3,241,280. 1,620,640 1,620,640 0.58I CIO CONSER DESIGN & CONSTRUCTION SlIe: • i
J~~::Pg::~~~ '-1-- ..--_._, .-!-- ---l.~ .---1 '-,-- .-+; KILLIN, EMILY I11S03W07DA04200 0.24%1 8,953.28 329,680 i 64,000 100,840 164,840
; Sile: 1656 Oak St SE ',i,
; 615 NW QUARRY RD ,
i ALB_A_N_Y:OR_97_32_H658 ..l......1... .... .. .+- --_I,iKILLIN, EMILY I11S03W07DA04300
'615NWQUARRYRD I: Site: 16420akSlSE
ALBANY, OR 97321·1558
. LEE, CHUNG PING &LAI KUEN LEE
i 1208 9TH AVE SE! ALBANY. OR 97322
: LEE, CHUNG PING
. 2521 27TH AVE SEALBANY, OR 97322
!, LEE, CHUNG PING
, 2521 27TH AVE SE!ALBANY, OR 97322
78
EXHIBIT AFINANCIAL INVESTIGATION REPORTST-09-03, Oak Street Improvements LID
(As of February 3, 2010) Page40f6
617.21
444.11 I
I444.11 I
1188.28
37002.61
1010.08
0:06
0.35
0.52
0.04 ;
----l.... __.--JI !
0.04! 444.11
--I...
!--1'0.05
,-II!
-I
L-..1
1--"_,!41,770
II._--+ .. -----;----1-----. _.
156,420
1 1'033'950"---ii-
1,033,950
-------r ..-~' .,83,540, 41,770
"---'1M<"
!312,840 1
'-12,067,900 !
14,652.42 [
!
,536,765.46 I
!
0.39%:
1. -
111So3WOBCBOD604I S,te.•
iI 11 S03WoBBC011 DOI Site: ~
1
, PERLENFEIN TR, PHYLUS I & EDWARD R PERI C/O EDWARO R PERLENFEIN! 2910 NE ALEXANDER LN, ALBANY, OR 97321
, NINTH & OAK CHURCH OF CHRIST,
IPO BOX4541ALBANY. OR 97321-0130;
NINTH & OAK CHURCH OF CHRIST,
I;~B~~~,4;~ 97321.0130
'-'---,- I' BONO ,I
OWNER OF RECORD PROPERlY I % OF TOTAL TRUE CASH VALUE 200712008 OTHER ASMNT' SEMI-ANNUAL;• , DESCRIPTION PROJECT, ASSESSMENTI MAXIMUM LAND hMPROVMENTS[ TOTAL ASMNTS 'r. TO TCV PAYMENTS I! 1 I i I ! 1 AT6.55% l
; ~ =..::.-:::===!!=--:-::j:i======,=-::==:--===::::-:~' =:i'.:='====':-====t:== -_' =ir:USCHER, M~KW & :LERIE J L~SCHER !-11S03W07A~~270~ -. I 0.2~%,1 8,953.26;, 360,040I 64,000 'I 116,020 , 160,020 i -I 0.0~" ...1."
j 2616 NWWESTMINSTERWAY : Site:· ! II ALBAN~ OR 97321 _.... _' JL-----.--Li-----... I----;.-- ,__!__. _+-. ,~ ,i---c---- .....1i MEAGHER, THOMAS C & DARLENE G MEAGH /11S03W07DA0390o ! 0.17%1 6,442.32: 350,560/
140,630 I!.I 134,450 ' 175,260 '1' -I 0.04 444.11 !
i 1690 OAK ST SE : Site: 1690 Oak SI SE I
Ii ---l!!ALBANY, OR 97322-B654
~I----.----.. ------ : ..------! .'---- i·....- .-t-!
11So3WOBCB00200 I 0.46%1 17,237.43 i 580,600: 57,930 232,370 290,300
'
Site: 1555 Oak 5t SE j
._.~..1
--- --------.,,- ._-j--~.
i1------
!PERRy,M~YAMBRDSE3.DDRDTHEAAMIT I 11So3W070A0550o I 0.17%' 6,442.321
I 1405 SHERMAN ST SE ISIte. 1405 ShelTTlan SI SE I IALBANY, OR 97322 ~
i-P-H-IL-L-IP-~'C~R-L-A-J-" -----':-1-'~_::"~ I ,,,.! ",,~~--:,wol,"44'890 f 9~~~~--'-1-:7,970i~~~~~~~:S9~~;~STERWAy, jSlle: 1435Shenn:i_.' -J-- :. :--.. _+_
111So3W07ADoolo3 0.17%] 6,442.32' 306,520 54,590 96,670 153,260!, Site: 1040 Oak SI SE .
: PHILLIPS, TIMOTHY W
iI PO BOX 1832I ALBANY. OR 97321
79
EXHIBIT AFINANCIAL INVESTIGATION REPORTST-09-03, Oak Street Improvements LID
(As of February 3,2010) Page 5 of6
444.11
444.11
444.11
617.21
444.11
.---l,
2900.87
13701.97
--+-1
0.05 I
i [I--j.. --·..! j
0.60
-, 0.06
!
.[ 0.06
-j 0.05
!
·1 0.07
1-.. 1-..
-·-1
310,920
332,180
157,260
141,040
i---I109,740
132,200
84,580
62,060
85,610
'--193,280
'--~I
I
244,070
~--,----- - -_._- ..-i !
OTHER 1 ASMNT I SEMI·ANNUAL,ASMNTS 'I. TO TCV: PAYMENTS 'I'
: : AT6.55% .
=c:::;-;==1:===' . j
-I 0.02 I
'---1 60,590 r--·"-.I--o.-69-j·
i .1
,-----
i---,-I
66,850
i60,590 I
!
56.460
64,000
46,590
I332,180 I
--L.66,4,360!
I1---.I
i264,400.
I----T' i219,480' 47,680!
iI
---I..
__I.
6,442.32. !,
;B,953.28 i
I314,520 ;
I'1-' ,
6,442.32 i 282,080I
6,442.32
L" I
!·i-t-·~!644232 183,640j 47,040' 44,780 91,820 I 444.11
_'_'_1_..._1_ ... -L .. _~I --:_.--i---J--
i·0.17%1
0.24%1
i
0.17%:
!
,
I0.17%
0.17%
i__ I
___ •• ...L........
II' 11S03W07A005600Site: 1340 Oak SI SE,
! 11S03W07DA05300; Site: 1445 Sherman st SE
i.-'-
OWNER OF RECORD
. SIEGRIST, WILLIAM C & NANCY C SIEGRIST
IPO BOXB42! ALBANY, OR 97321-0467
- PROP~R~%~F'-I---;OTAL I BOND :---T-RUECASHVALUE200712008
DESCRIPTION iPROJECT' ASSESSMENT: MAXIMUM' . LAND' il.M~ROVMENTS! TOTAL
L I. +=.:==.=.. =1:1.= ~I ... I' I 62'1,840,1I RONERTR,FREDA&ANNALRONER 11S03W07AD02800 0.17% 6,442.32 ,
:~_~~_~_~_~_~;_~i_3_22_-4_9:8 __ i,. ".~ '''--+----+=1!SADRI,ASGHARR Ii '1S03W08CB01100 1.13%: 42,080.43' 121,180,
Site: -i 203 E RESERVE ST
~V.ANCOWE~, WA 98661 .. ... ... .. ' _ .--t-- -l;
I11S03W08CB01208 5.36% 198,762.89Site: ~ 1
.__1.. .___ .__~i_. _.__. ~.111S03W07DA04 I 001Sile: 1670 Oak SI SE
ISADRI, ASGHAR R
I203 E RESERVE ST; VANCOUVER, WA 96661
I
i STYLER, MICHAEL D & MARGARET M STYLE i 11S03W07AD05400I I' Sile: 1320 Oak SI SE, 1020 OAK ST SEiALBANY, .~R 97322'~ .. 1
i WADLOW, ROBERT A & MEREDITH AWADLD 1'11S03W07AD03700; Soe: 12400akSISEI 1240 OAK ST SE iI_A_LB_A~,_O_R_9_7_3~2.Q_B_5_0 . .. .__ . .---1...--
i
ISCHWAB, RON
1670 OAK ST SEI ALBANY, OR 97322L.
IWILLIAMS, SCOTT L KAREN S WILLIAMS
: 1BOI NW FISHER LOOPALBANY, OR 97321
80
EXHIBIT AFINANCIAL INVESTIGATION REPORTST-09-03, Oak Street Improvements LID
(As ofFebrusry 3, 2010) Page 6 016
444.11
444.110.14-Ii I I-'--!-
-I 0.08
[j I----+ . 1.
1276.73% 324,774.58
85,310
i-!--.
40,780
'---:N~~OF RECORD --. . PRO:E:-l···%;:-i. TOTAL _. r BOND! TRUE CASH V~~UE 2007/200: OTHER i ASMNT i SEMI-ANN~~J~_ ..-=---=---=-~-c-~ . 1
m
_ DESCRIP:DN (ROJE;tASS~SSME] _MAXIMUt . LAND _}MPROV~E~ .T_O=-T=A-=L_=-,+=~SMN:S ~_~~~:.~~~12;_~~~~Si! WOODARD, CHRiS A . 1'11S03W07DA04900 I 0.17%1' 6,442.32 90,440 I 43,210 2,010! 45,220
. Site: 1540 Oak StSE Ij 1600 SHERWIN ST SE i i !~BANY, OR 9T~___ ---.l._.___ .--L. -------.;_ .__L__ I .
i WOODARD,CHRISA !11S03WOTOA05000 . 0.17%1 6,442.32 i 170,6201 44,530
!1600 SHERWIN STSE j Site: 15300akSISE ! I !
,.~LBANY.OR 97322 __J___ ---i--. '-i----- 1---. .--!-Totals 4,711,229.88 26,242,720 7,435,880 5,685,480 13,121,360
81
EXHIBIT A
FINANCIAL INVESTIGATION REPORT (Cont.)ST-09-03, Oak Street Local Improvement District (LID)
(As ofFebruary 3, 2010)
Section 3. Number ofsimilar lots andproperty held by the City through foreclosure.
The City is not currently holding property obtained through foreclosure. Twelve properties are delinquentmore than one year.
Section 4. Delinquency rate ofassessments and taxes in the area..
Ninety-four percent of City property assessments are current. Property tax collections are projected to be94 percent of current taxes levied. These percentages reveal a decrease of one to two percent from a yearago.
Section 5. Real estate value trends in the area.
Real estate market values within the City are down from 8 to 15 percent for the upcoming year. Realestate sales are down by 30 percent. Residential construction is also experiencing a sharp decline withConstruction permits down by more than 40 percent. Building activity is anticipated to continue adownward trend during FY 2009-2010.
Section 6. Tax levy trends and potentialfinancial impact on the proposed LID.
Taxes are expected to remain fairly stable due to a difference of approximately thirty percent between theassessed value and market value. An increase of three to four percent should be expected.
Section 7. Does the project conform to the City Comprehensive Plan?
This project conforms to the City's Comprehensive Plan.
Section 8. Status ofCity's debt.
Costs attributable to this project will be incorporated into the final assessment roll.
Section 9. Estimated cost offinancing.
The City's practice is to charge the property owners 1.50 percent more than the rate on the bonds to payfor the costs associated with billing the property owners and administering the LID. In 2002, assessmentbonds sold at 5.05 percent; therefore, property owners will pay 6.55 percent interest.
Section 10; General credit worthiness ofproperty owners within the LID.
The estimated total assessments range from $6,442.32 to $1,411,272.28. The semi-annual payment forthe proposed assessments project to range from $444.11 to $97,287.82, for a ten year term.Note: Financing under ORS223.215 provides jinancingfor a longer term.
C.-ITe,mpiTcmpornry {mertlet Filcs\ComcJ/f;Ow!ookllrfYSVNFMlv1Ff/VANCIAL INVESTIGATION REPOR T Oak St Loca/lmprovement District Option 5 Final.docx
82
EXHIBIT A
RESOLUTION NO. _
A RESOLUTION FOR TIIE ADOPTION OF ENGINEERING AND FINANCIAL INVESTIGATIONREPORTS, AUTHORIZATION TO SECURE EASEMENTS, TO OBTAIN BIDS, AND TO ISSUEDEBT FOR THE CONSTRUCTION OF ST-09-03, OAK STREET LOCAL IMPROVEMENTDISTRICT (LID).
WHEREAS, the engineering and financial investigation reports are attached as Exhibit 1; and
NOW, THEREFORE, BE IT RESOLVED that the engineer's report of the Public Works Director and thefinancial investigation report of the Finance Director concerning ST-09-03, Oak Street ImprovementsLID are hereby adopted; and
BE IT FURTHER RESOLVED that the Council authorizes the City Manage or his designee to signagreements on behalf of the City of Albany for the purpose of obtaining easements to construct the saidimprovements, direct, the City Manager.to obtain bids for the construction of said projectsas required bylaw, and authorizes the City Manager to make, issue, and negotiate debt to finance construction of saidimprovements.
DATED AND EFFECTIVE THIS 1OTH DAY OF FEBRUARY 2010.
Mayor
ATTEST:
City Clerk
G:\EngineerlStreets\ST-09-03, Oak Street LIDlRes3.st0903.dotx
83
ACT TO LIMIT INDEBTEDNESS for CITY OF ALBANY, OREGON
Be it enacted, the Albany City electors propose amending the City CharterCHAPTER IX -- MISCELLANEOUS PROVISIONS--Section 44--Debt Limit.
ADD THE FOLLOWING:
The maximum debt allowed for City of Albany, Oregon shall be the total debt of the City as of28 February2012 at Spm local time.
No new debt or debt extensions requested by The City Council after 28 February 2012 shall be allowedwithout approval of a majority ofAlbany City electors in a primary, special or general election.Only with the approval of a majority of Albany City electors in a primary, special or general election shallAlbany City be allowed to increase indebtedness above the 28 February 2012 level.The debt limit established by State law shall never be violated.
MAR I 3 2012
(f. 3':; fl'n
/l.!. s.~"f1--
.!1XHIBI
$'/B
84
J'~ EXHIBI
ACT TO LIMIT URBAN RENEWAL INDEBTEDNESS
Be it enacted, the Albany City electors propose amending the City CharterCHAPTER IX -- MISCELLANEOUS PROVISIONS--Section 44--Debt Limit.
ADD THE FOLLOWING:
URBAN RENEWAL DEBT LIMITED
The maximum Urban Renewal Indebtedness (URl) allowed for the Albany Revitalization Agency (ARA)shall be the total Central Albany Revitalization Agency (CARA) debt as of28 February 2012 at 5pm localtime. This Provision specifically repeals the $56,000,000 Urban Renewal Debt limit established in 200 I byOrdinance.
No Urban Renewal Debt requested by ARA after 28 February 2012 shall be allowed without a majorityapproval ofAlbany City electors in a primary or general election.
"Urban Renewal Indebtedness" and "URI" means debt incurred pursuant to an urban renewal plan whererepayment is pledged from ad valorem taxes assessed within the City limits ofAlbany, Oregon.
,,'f\.-V FEB 23 20t2I
c
85
TO: Albany City Council
vA!I36ihii··----7'·VIA:
FROM:
DATE:
Wes Hare, City Manager '/\ dGreg Byrne, Community Development Directo~J"" UAnne Catlin, Planner II !April 18, 2012, for the April 25, 2012, City Council Meeting
SUBJECT: 2012-2013 State Historic Preservation Office Grant (203-40-5091)
Action Requested:
Passage of the attached Resolution authorizing the acceptance of a 2012-2013 grant fromthe State Historic Preservation Office (SHPO) and a commitment to provide the requiredlocal match.
Discussion:
The attached Resolution authorizes acceptance of the SHPO grant funds to assist infulfilling the basic Certified Local Government responsibilities of having and supporting aLandmarks Advisory Commission. The grant provides funds to continue the residentialrehabilitation matching grant program, public outreach/education activities includingnewsletters, workshops, and programs to educate the public about maintaining andrehabilitating historic buildings.
The total amount of the grant is $14,500 for two years of programming.
The local match of 50 percent consists of rehabilitation grant matches and staff time fromplanner Anne Catlin, who spends a portion of her time overseeing the historic preservationprogram.
Budget Impact:
Budget revenues and expenditures will each be allocated $14,500 in the SHPO grants fund.Nominal planning staff time is needed to manage the grant funds and programs.
AC
86
RESOLUTION NO. _
A RESOLUTION ACCEPTING AND APPROPRIATING CERTIFIED LOCAL GOVERNMENT GRANTMONEY FROM THE STATE OF OREGON TO THE HISTORIC PRESERVATION PROGRAM
WHEREAS, the City of Albany is a Certified Local Government and is eligible to apply for funding tosupport Albany's historic preservation program in 2012 and 2013 that includes financial assistance, publiceducation, and survey and inventory; and
WHEREAS, the City has regularly been awarded grant funds from the State Historic Preservation Office toassist in Albany's preservation program; and
WHEREAS, the City would like to continue a matching grant program for exterior rehabilitation projects forresidential historic properties on the National Register of Historic Places; and '
WHEREAS, the City would like to continue to provide preservation education and outreach including publicworkshops, newsletters, and other preservation activities and awards; and
WHEREAS, the City would like to continue research on Albany's post World War II buildings; and
WHEREAS, the required local match of 50 percent consists of rehabilitation grant matches and in-kind stafftime by a planner who spends a portion of her time overseeing the preservation program.
NOW THEREFORE, BE IT RESOLVED that the City of Albany City Council accepts the State HistoricPreservation Office grant in the amount of $14,500, and commits to providing the required matching funds;and
BE IT FURTHER RESOLVED that the appropriation will be applied to the following budget accountnumbers:
Grant Fund
203-40-5091-42403203-40-5092-67025
SHPO GrantRehabilitation Grants $14,500
Credit
$14,500
DATED AND EFFECTIVE TillS 25TH DAY OF APRIL, 2012.
ATTEST:
Deputy City Clerk
Mayor
87
• , ....~~
"" n'!"".".cAlI3dihi}------7'-
TO:
VIA:
FROM:
DATE:
Albany City Council
Wes Hare, City ManagerMark W. Shepard, P.E., Public Works Director""W~
Jeff Blaine, P.E., City EngineerChris Cerklewski, Civil Engineer III L C-
April17, 2012, for the Apri125, 2012, City Council Meeting
SUBJECT: Award of Bid for ST-09-03, Oak Street Reconstruction
RELATES TO STRATEGIC PLAN THEME: • Great Neighborhoods• A Healthy Economy
Action Requested:
Staff recommends that Council award this contract in the amount of $2,398,345.50 to the lowbidder, Pacific Excavation of Eugene.
. Discussion:
On Tuesday, April 10,2012, bids were opened for ST-09-03, Oak Street Reconstruction. Therewere twelve bids submitted for this project, ranging from $2,398,345.50 to $3,129,128.75. TheEngineer's estimate was $3,342,040. A bid summary is attached as Attachment 1.
Project Description
This project will reconstruct Oak Street between 9th Avenue and Queen Avenue, including newpavement, curb and gutter, sidewalks, storm drains and water lines. In addition, the project willextend Oak Street between Pacific Boulevard and 9th Avenue and install two new traffic signals.These improvements are being done as part of the local improvement district authorized byCouncil at the June 9, 2010, City Council meeting in conjunction with the development of aLowe's Home Improvement Center. A project vicinity map is provided as Attachment 2.
Summary ofTotal Estimated Project Costs
Based on the project bid and anticipated related costs, a summary of the total estimated projectcost is shown in the table below. The amounts have been rounded to the nearest $100.
i <\ <inC ••• .."". 'n",,~,"\ ."'~".I""•.1. \i \ \ < i·.··.
I. Engineering Costsa. Design Engineering $412,600b. Construction Inspection $140,000
Engineering Subtotal $552,600II. Right-of-Way Acquisition
a. Pacific Blvd to 9ID Ave. Extension (perlenfein Property) $1,603,800b. Other Right-of-Way and Easement Costs $82,000
Ri~ht-of- Way Subtotal $1,685,800III. Construction Costs
a. Construction Contract $2,398,300b. Construction Contingency (10%) $239,800c. Pacific Power Street Lighting Costs $20,000d. Landscaping $30,000e. Other Construction Costs $55,000
Construction Subtotal $2,743,100Total Estimated Project Cost $4,981,500
Project Bud~et $5,055,000Under/rOver) Project Budget $73,500
me award - ST-09-03 88
Albany City CouncilPage 2April 17, 2012, for the April 25, 2012, City Council Meeting
Budget Impact:
This project will be funded from the Oak Street Local Improvement District (402-10-1012).
CC:kwAttachment
me award - ST-09-03 89
• ....~~
-'T""" ] ..~
J1!fjiihij··----7'·
ATTACHMENT 1
CITY OF ALBANY, OREGONPublic Works Department
Construction Contract Bids
Project: ST-09-03, O~k Street Reconstruction Bid Opening: Tuesday, April 10, 2012
Engineer'sEstimate
$3,242,040
Delta Sand& Gravel
Eugene, OR
$2,472,157
North SantiamPaving
Stayton, OR
$2,587,983
ML HouckConstruction
Salem, OR
$2,687028.75
K & E ExcavatingSalem, OR
$2,768,079.75
WildishConstruction
Eugene, OR
$2.887.510.75
Emery & Sons Mid Valley Kerr Construction Salem Road & Knife River Kodiak Pacific 3 Kings
Salem, ORGravel
Woodburn, OR DrivewayTangent, OR Construction Environmental
Philomath, OR Salem, OR Tualatin, OR Battlearound, WA
$2,776,510.75 $2,818,096.00 $2,847,685 $2,897.670.45 $2,959,059.59 $3,016,016.00 $3,129,128.75
coo Attachment 1 - ST-09-03
14th Ave.
16th-Ave.
1-7th-Ave.---l
\1
+l(f)
60)Ctlg.c
.10thAVe·-l
ATTACHMENT 2: PROJECT VICINITY MAP91
----m---------.:18th-Ave.,--_----.j
DN
l l121hAVell:l --0--~-- iii''< 0~ '=?(1) (1)
Cp \t3th-A\l~·-
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~ en,.,...
Ar>::.-;;"rar~"" n·...""""
v4/Jj6ihii··----7"·
TO:
VIA:
FROM:
DATE:
Albany City Council
Wes Hare, City Manager ,Mark W. Shepard, P.E., Public Works Director~\kQ
Jeff Blaine, P.E., City EngineerChris Cerklewski, Civil Engineer III
April 18, 2012, for the April 25, 2012, City Council Meeting
SUBJECT: Award of Bid for WL-1l-0l-A, Broadway Reservoir Transmission Main, Phase IA
RELATES TO STRATEGIC PLAN THEME: • A Safe City
Action Requested:
Staff recommends that Council award this contract in the amount of $2,177,510 to the lowbidder, Kerr Contractors Oregon, Inc. from Woodburn, Oregon.
Discussion:
On April 17,2012, bids were opened for WL-11-01-A, Broadway Reservoir Transmission Main,Phase IA. There were eight bids submitted for this project ranging from $2,177,510 to$3,298.708. The Engineer's estimate was $2,200,000. A bid summary is attached asAttachment 1.
Project Description
This project is the first phase of a new water transmission main from downtown Albany to theBroadway Reservoir in North Albany and will construct approximately 4,750 linear feet of 30inch diameter water transmission main from the intersection of 5th Avenue and Elm Street toapproximately 550 feet north of Hickory Street on North Albany Road. The water line will beinstalled under the Calapooia and Willamette Rivers using horizontal directional drilling. Aproject vicinity map is provided as Attachment 2. This project also includes modifications to theBroadway Reservoir that are being completed under a: separate contract. These projects togetherwill improve water quality in the City's system and allow better utilization of the water stored inthe Broadway Reservoir for the remainder of the City's water system.
Summary ofTotal Estimated Project Costs
Based on the project bid and anticipated related costs, a summary of the total estimated projectcost is shown in the table below. The amounts have been rounded to the nearest $100.
I. Costsa. Design Engineeringb. Construction Inspection
II. Construction Costsa. Construction Contractb. Contingency (10%)
III.
me award - WL-ll-OI-A
Subtotal
$233,600$75,000
$308,600
$2,177,500$217,800
$2,395,300
$139,600$208,800$348,400
$3,052,300$3,058,000
$5,700
92
Albany City CouncilPage 2April 18, 2012, for the April 25, 2012, City Council Meeting
Budget Impact:
This project will be funded from the Water Bond Fund (615-50-2302).
CLC:kwAttachment
me award - WL-1l-01-A 93
•. s ....
>rr'.... Jl;;;.~
cA/jjtihi!··----7·
ATTACHMENT 1
CITY OF ALBANY, OREGONPublic Works Department
Construction Contract Bids
Project: WL-11-01-A, Broadway Reservoir Transmission Main, Phase IA Bid Opening: April 17, 2012
$2,194,618.75 I $2,306,235.00 I $2,380,000.00 I $2,580,050.00 I $2,689,098.251 $2,770,237.50 I $3,298,708.07
Engineer'sEstimate
$2,226,887.50
K&EExcavatingSalem, OR
HOD Co.Scottsburg, OR
M&MEarthworksPoriland, OR
PacificExcavationEugene, OR
I&EConstructionClackamas, OR
Emery &SonsSalem, OR
AlaskaContinental
PipelineToledo, WA
co~ Attachment 1- WL-ll-01-A
ATTACHMENT 2: PROJECT VICINITY MAP951,000500
_-====-_c::=- Feet
2,000o
• ....~q,," l!E~
~/Jjtinij..----71•
TO:
FROM:
DATE:
Albany City Council
Sharon Konopa, Mayor
April 19, 2012, for April 25, 2012, City Council Meeting
SUBJECT: Appointment to the Planning Commission
RELATES TO STATEGIC PLAN THEME: • An Effective Government
Action Requested:
Council approval of the following appointment:
Planning CommissionKristin Richardson
Discussion:
None.
Budget Impact:
None.
(Mayor's new appointment to fill vacant positionfor term that expires December 31, 2015)
SK:ldhc: Heather Hansen, Planning Manager
Tari Hayes, Administrative Assistant I
96
BOARD, COMMISSION, AND COMMITTEEAPPLICATION
m>< NO. :
(Please print legibly Or type)
Rpr. 19 2012 09:30RM P1
CITY HALL3S3 Broadalbin Street SW
P.0.5ox490Albany. OR 97321-0144
WwW.cilyOfalbany.nal
(541) 917-7500
Planning, WaterIWastewater, or Tree Commission(List all that apply)
Name: Kristin Richardson Preferred First Name: Kris-------------
Home Address: 2002 Waverly Dr., SE
Albany, OR 97322
E-mail: [email protected]
Phone:
Cellular: same(Optional)
Fax: N/A(Optional)
Employe.... s Name:
Work Address:
VVI vcu,,~, VI l
iiIii
Phone: 541-737-8297
Cellular: 541-619-4583(Opliottal)
Fax: .(Optional)
-Please provide information as requested below to describe your qualifications to serve on this City of Albany Board,Commission, or Committee. Feel free to provide additional infortnation that you may wish to share with the City.
• List current or 1110st recent occupation. business, trade, or profession: I am currently a student at OregonState University, a senior majoring in Environmental Sciences with a minor in GeoscienceslWater
Resources. As a student, I have participated in two internships. One was with the City of Albany
Environmental Services, to prioritize riparian plantings as a way to reduce thermal heating to
streams, using GIS. The second is with an oceanographer atOSU to determine sources of
sediment in the Umpqua River Basin, Oregon, often using GIS to create maps.
'"uQraty;il$~:~ni~:'::W~~d::'I,1I@Or'LiVe90Uhide:cltyLltnit,,' (CWck One) ," ' ,,' ' :.
'Ifli:Vffl,uutside City llmltS"d~ applicant meet SJ*CiaJ.d.efinition for the specific Mdc fot', which appJyiAg?', ..... . ..~ , .
Yes N6lfyeS.. how'? -'---__:......
OVER
~ 97
FR0i'1 : FAX NO. :
BOARD, COMMISSION) AND COMMITfEE APPLICATION FORMPage 2
8pr. 19 2012 09:318M P3
• List community/civic activities. Indicate activities in which you are or have been active:
Currently: Neighborhood Watch and Eco-Rangers in Periwinkle neighborhood. Oftenvolunteer at City-sponsored clean-up or planting events. Board member of the SouthSantiam Watershed Council. Have been: member of the Albany Bicycle and PedestrianAdvisory Commission in 19908. volunteer at YMCA Youth Bicycle Program in Lebanon
in the 2000s, Periwinkle/20th Street Church community garden very recently
• Indicate why you are interested in serving on this board or commission and what other qualifications apply to thisposition.
I believe city planning is important for the liveability, viability, and environmentaland human health of the community. As a citizen, I feel 1have an obligation tocontribute my energy and knowledge and passion, and I can give best in something I am passionate and am learning about. As for my involvement, here is an aptanalogy. When my son played AYSO soccer, I had to volunteer. Instead of beingthe Food-Mom, I learned to referee, 80 I could know the game and be directly involved.
• Whatcontributionsdoyollhopetomake? f hope to bring thought and action to planningfor Albany which considers the community's need for beautiful places that areaccessible to everyone. I hope to contribute to the infrastructure to be in placefor alternative transportation, consideration of alternative energies, and building ofstronger neighborhoods. f hope to contribute to a healthy ecosystem within theCity for the native animals (aquatic and avian), and for the sake of people havingaccess to natural urban areas.
,./ Signature ofApplicant
April 16, 2012Date
U:\Administmtive Service.~\CiryM(lrKJ.{:er's Ojfice'IBoar(!s·Commissiotls\Forms\!foatds, C()mmissiotl.~. and Committees ApplicatiOn Fonn-RevJ.~t!d.dcc 09rl6r'!O(j~
98
~!C~~t!JilJjdni!-·----7'-
TO:
VIA:
FROM:
Albany City Council
Wes Hare, City Manager
Marilyn Smith, Mana(:~nYAssistantlPublic Information Officer
DATE: April 17, 2012, for the April 25, 2012, City Council Meeting
SUBJECT: Code Enforcement Team Third Quarter Report, Fiscal Year 2011-2012
RELATES TO STRATEGIC PLAN THEME:• Great Neighborhoods
• A Safe City
• An Effective Government
The Code Enforcement Team continued monthly meetings through this third quarter when much of thediscussion concentrated on the three remaining homes damaged by arson in late 2010. As reported lastmonth, 12 contractors bid on a contract to demolish the house at 129 Sixth Avenue SE and the duplex at2209/2211 Jefferson Court SE. The winning bidder was S. Greg Payne, Eugene. The buildings are nowgone.
The third house, 116 13th Avenue NE, was demolished by the property owner on March 7 ather expense,As this report is being written, the house is a pile of rubble inside a temporary chain-link fence andneighbors have begun to complain. The owner has been involved in a lawsuit against her insurancecompany since shortly after the fire; she reported progress toward a settlement in early April and hopes tobe able to remove the rubble and complete cleanup of the lot at the end of this month.
Periodically, members of the Code Enforcement Team receive complaints about taxi operations inAlbany. After several complaints in January, alleging that some taxi companies were doing businesswithout City of Albany licenses, the Police Community Resource Unit conducted site visits to the six cabcompanies then operating in Albany to find out if their vehicles were properly licensed and to reacquaintthem with the requirements of our taxi law. Three companies were found in compliance with the code;one was out of compliance and has since complied; and another was no longer in business. The sixthcompany is based in Corvallis and does not need an Albany license.
Eighteen new Code Enforcement cases were filed during the third quarter, and 27 cases were closed.Twenty-seven cases remained open at the end of the quarter.
Some new complaints and outstanding issues from the third quarter:
1. 1527 Harder Lane NW (December 29, 2011) - Neighbors reported a buildup of junk and trashthroughout this property and owner had recently died. Elderly family members promised to cleanit up but had no money for a Dumpster. The Code Enforcement Team provided a 40-yardDumpster for a weekend and arranged for a work crew of volunteers with Love INC, who pickedup the mess in a few hours. Status: Closed.
2. 1213Yz Calapooia Street SW (October 19, 2011; new complaint January 4, 2012) ~ Ongoingneighborhood concerns about the number of people in and out of this property, accumulations ofhousehold garbage, abandoned furniture, derelict vehicles. Both sworn and community resourceofficers make frequent contact with homeowner and visitors. Status: Closed.
3. 821 Jackson Street SE (January 5, 2012) - Junk and trash all over the porch and yard, waterleaking and flooding part of the house. Citations issued for keeping junk; realtors representingFNMA, the property owner, cleaned it up to prepare the house for sale. Status: Closed.
4. 3016 Grand Prairie Road SE (January 24, 2012) ~Reopened complaint. Original complaint filedin February 2010 about an abandoned manufactured home, outbuilding, and three stripped anddisabled vehicles and assorted tires in tall grass and weeds. 99
Albany City CouncilPage 2April 17,2012
Property owner was cited for keeping junk. The vehicles and tires were removed, weeds cut, andhome boarded up to prevent entry. The home is now again open to the elements, has beenpartially stripped, the outbuilding is open, and older motor home is parked in the driveway.Status: Open.
5. 2549 Raymond Court NW (February 23, 2012) - Report of large boat in side yard filled withjunk; boat, several pickups, car being repaired, and several personal watercraft in back yard; gascans and other junk piled against neighbor's fence. Property has been cleaned up.Status: Closed.
6. 550 Main Street SE (February 28, 2012) - Multiple campers/recreational vehicles with powercable to at least one. No evidence to support report of illegal occupancy. Status: Closed.
7. 1610 Bonnie Street SW (March 15,2012) - Neighbors reported an abandoned house with anothersmall rental on the same lot, bags of household garbage and other junk outside being strewn aboutby animals. Property was in foreclosure and up for auction; property managers (the same as thoseassociated with 821 Jackson Street) arranged for cleanup: Status: Closed.
8. 1825, 1845 Main Street SE (April 5, 2012) - Manager of adjacent apartment building reports·having difficulty renting units because of accumulated junk and trash at both of these singlefamily properties. Police contacted occupants and ordered clean up within 30 days.Status: Open.
9. 1126 Sixth Avenue SE (July 8, 2011) -Dangerous conditions found in this rental house during adrug raid on July 8, 2011. House ordered vacated, and property owner was issued a notice-andorder listing deficiencies and a deadline to repair or demolish. New owner submitted renovationplans March 19,2012. Status: Pendiug.
10. 1122 Second Avenue SE (May 18, 2011) - Tenant complained of mold, bad wiring, faultyappliances, collapsing ceiling, and possible structural damage from water leaks in basement unitof duplex. Property owners have left the area and have not responded to requests to repairdeficiencies. A story in the April 7, 2012, Albany Democrat-Herald described another tenant'srecent experience living in this house. Status: Closed.
11. 1250 Shortridge Street SE - This property has been on the team's list since 2007. The propertyowner was found ineligible for a Habitat for Humanity program that provides no interest homeremodeling loans to low-income seniors. Veterans' Administration staff are looking for help withtime, money, or materials for a remodel from local veterans' service organizations.Status: Open.
Budget Impact:
Beginning budgetExpenditures as of March 31, 2011
MMS:de
$21,100.003,220.49
$17,779.51
U: IAdministrative ServicesICity Manager's Office ICode Squad12011-2012 Reportslcodereport3 11-12.doc
100
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